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HomeMy Public PortalAbout11-November 09, 2016 Regular Commisson Meeting CITY OF OPA-LOCKA "The Great City" CLERK'S ACTION SUMMARY MINUTES REGULAR COMMISSION MEETING WEDNESDAY,November 09, 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, November 09, 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: Mayor Myra L. Taylor, Vice Mayor Timothy Holmes, Commissioner Joseph L. Kelley, and Commissioner John B. Riley. Also in attendance were: City Manager Yvette Harrell, City Attorney Vincent T. Brown, and City Clerk Joanna Flores. Commissioner Luis B. Santiago arrived at 7:06 p.m. 3. INVOCATION: The invocation was delivered by Mayor Myra Taylor 4. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was recited in unison. Mayor Taylor thanked everyone that ran in the current general election and also everyone who has served in different branches of the military. 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 13-4 (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, AUTHORIZING THE BROWN LAW GROUP, LLC, TO DEFEND THE LAWSUIT BROUGHT IN LEJEUNE DOUGLAS COMMMERCE I, LLC VS. CITY OF OPA-LOCKA, CASE # 16027347-CA-Ol EXHIBIT "A"; PROVIDING FOR Regular Commission Meeting Minutes—11/09/2016 1 INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Attorney The above resolution was read by Attorney Brown. Mayor Taylor said that there is an add-on item from the attorney and one from the city manager. Before she asked for a motion, she asked the city attorney of the two (2) items fit the criteria for add-on items. City Attorney Brown said that item 14-1 does because there is a fiscal impact on the City. It was moved by Commissioner Riley, seconded by Commissioner Santiago 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 Kelley Yes Commissioner Riley Yes Commissioner Santiago Yes Vice Mayor Holmes Yes Mayor Taylor Yes City Attorney Brown advised the commission that item 14-2 involved the water and sewer system, the status of the meters, and the billing. Commissioner Santiago said that he wants to be sure that whatever happened eight (8) years ago is addressed and the responsible persons are held accountable. Mayor Taylor asked if this is the same company from eight (8) years ago. City Manager Harrell said that the company from eight (8) years ago was Johnson Controls. 14-2: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT EXHIBIT "A" WITH THE AVANTI COMPANY TO PROVIDE WATER SYSTEM DIAGNOSTIC AUTOMATED METER READING BASELINE ASSESSMENT AND PROJECT MANAGEMENT SERVICES; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager The above resolution was read by Attorney Brown. It was moved by Commissioner Kelley, seconded by Commissioner Riley to amend the agenda to include the above resolution as item 14-2. 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 Regular Commission Meeting Minutes—11/09/2016 2 Mayor Taylor Yes 14-3: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, RECOGNIZING AND HONORING VETERANS OF THE CITY OF OPA-LOCKA ON NOVEMBER 16, 2016; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager The above resolution was read by Attorney Brown. It was moved by Commissioner Santiago, seconded by Commissioner Riley to amend the agenda to include the above resolution as item 14-3. There being no further discussion, the motion passed by a 5-0 vote. Commissioner Kelley Yes Commissioner Riley Yes Commissioner Santiago Yes Vice Mayor Holmes Yes Mayor Taylor Yes 7. APPROVAL OF AGENDA: It was moved by Commissioner Riley, seconded by Commissioner Santiago to approve the agenda, consent agenda and pull list. There being no further 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— October 12, 2016 It was moved by Commissioner Santiago, seconded by Commissioner Riley to approve the minutes of the Regular Commission Meeting on October 12, 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 9. DISTRICT ONE/DISTRICT TWO - COUNTY COMMISSIONER REPORT Regular Commission Meeting Minutes—11/09/2016 3 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. Commissioner Kelley asked the city clerk to inform whoever will be the representative for District II to advise Commissioner Monestime about the flooding and drainage around Ingram Terrace Apartments over on 32nd Avenue because it is in his area. 10. PUBLIC PRESENTATION: 11. CITIZENS' INPUT: 12. ACTION ITEMS: 1 (13-4). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, DIRECTING THE CITY MANAGER TO ISSUES A REQUEST FOR PROPOSAL (RFP) FOR PROPERTY MANAGEMENT AND LEASING SERVICES; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by Commissioner Santiago The above resolution was read by title by Attorney Brown. It was moved by Vice Mayor Holmes, seconded by Commissioner Kelley for discussion. Vice Mayor Holmes said that he pulled the item because seeing that Commissioner Santiago did not win the election last night, he thinks that the item should be deferred and allow the new commissioner to come in and be able to get an understanding of what the item is about. Commissioner Kelley said that he was concerned about how that would work and he thought the City had already done this previously. He asked the manager for clarity. City Manager Harrell said that there has been discussion on the dais, but there has never been an item such as this before today. Commissioner Kelley said that he is concerned about what is going to go into the RFP and why wasn't something like this done before hand. Commissioner Santiago said that before the purchase of the City Hall building, the City had to pay over fifty thousand dollars ($50,000.00) per month to the previous owner. The City sacrificed and purchased the building, and there is nobody to manage the building. The building should be making its own money. He also does not agree with what Vice Mayor Holmes is saying about him not being able to vote because he lost the general election; he is still a sitting commissioner. Commissioner Kelley said that he agrees that Commissioner Santiago is still a commissioner and still has the right to vote as everyone else up on the dais. He would like for the city manager to come back with the substance of the RFP so that the commission can have it before it is sent out. Mayor Taylor asked the city attorney for clarity on the status of Commissioner Santiago as a sitting commissioner. Regular Commission Meeting Minutes—11/09/2016 4 City Attorney Brown said that Commissioner Santiago has the same rights and privileges as everyone else on the dais and can sponsor and vote on legislation. Mayor Taylor asked Commissioner Kelley for clarity on what he wanted to see with the RFP. Commissioner Kelley said that he wanted the legislation changed from the city manager issuing an RFP to the city manager preparing an RFP for the commission to review. A motion was made to amend the resolution. City Attorney Brown also clarified this and asked Commissioner Kelley when he would like for the city manager to bring back the RFP, is less than thirty (30) days okay. Commissioner Kelley said that thirty (30) days is more than sufficient time to bring an RFP back to the commission. Commissioner Holmes said that this is why he wanted the item to be deferred since there is a new colleague coming in. He wants the item to be put on hold until the newly elected is on the dais so that they can be involved in the process. Commissioner Santiago said that he just wants an experienced person to manage the building that the City paid for. It was moved by Commissioner Keeley, seconded by Commissioner Riley to pass the amendment. There being no further discussion, the motion on the amendment passed by a 4-1 vote. Commissioner Kelley Yes Commissioner Riley Yes Commissioner Santiago Yes Vice Mayor Holmes No Mayor Taylor Yes There being no further discussion, the motion on the resolution passed by a 4-1 vote. Vice Mayor Holmes No Commissioner Kelley Yes Commissioner Riley Yes Commissioner Santiago Yes Mayor Taylor Yes 13. CONSENT AGENDA: 1 (13-1). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, RENEWING AND ADOPTING A RESOLUTION PURSUANT TO ARTICLE IV SECTION 4.5(B) OF THE CITY CHARTER; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager Regular Commission Meeting Minutes—11/09/2016 5 2 (13-2). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE BROWN LAW GROUP, LLC, TO DEFEND THE LAWSUIT BROUGHT IN GFM OPERATIONS, INC. D/B/A/ OPA-LOCKA FLEA MARKET VS. CITY OF OPA-LOCKA, CASE #: 16-26601 CA (27) (EXHIBIT "A"); PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Attorney 3 (13-3). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, REQUIRING THE CITY MANAGER TO ISSUE A QUARTERLY REPORT TO THE CITY COMMISSION ON MONIES RECEIVED FROM THE COLLECTION ACTIONS ON ACCOUNT RECEIVABLES AND MUNICIPAL LIENS; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by Commissioner Kelley The above resolutions were read by title by Attorney Brown. It was moved by Commissioner Santiago, seconded by Commissioner Riley to pass the resolutions. The motion on the resolutions passed by a 3-1 vote. Commissioner Riley Yes Commissioner Santiago Yes Vice Mayor Holmes No Commissioner Kelley Out of Room Mayor Taylor Yes 14. NEW ITEMS: 1 (14-1): A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE BROWN LAW GROUP, LLC, TO DEFEND THE LAWSUIT BROUGHT IN LEJEUNE DOUGLAS COMMMERCE I, LLC VS. CITY OF OPA-LOCKA, CASE # 16027347-CA-Ol EXHIBIT "A"; 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. There being no persons to speak on the public hearing, the public hearing was closed. It was moved by Commissioner Santiago, seconded by Commissioner Riley for discussion. Commissioner Riley said that he was trying to see who signed the lease that was attached to the exhibit. City Attorney Brown said that while the lease was signed in 2014, he does not recognize the signature, neither are there any witnesses to speak to who the leaser is. He does not know and he does not think the clerk will recognize who it is. Regular Commission Meeting Minutes—11/09/2016 6 Commissioner Riley said that he is concerned that this address is a warehouse and they are spending too much money on rent monthly and no one knows who this person is. Also, if the City does not respond to the suit, then it will end up having to pay for going in to default. Mayor Taylor asked the city attorney who were the people in the lawsuit and what is it all about. City Attorney Brown said that the lawsuit was received on last week and under Florida Statute, the City must respond to the lawsuit. During the discovery period is when the City will find out who signed the one year agreement. He does not know who signed it and needs permission to move forward with responding to it. Commissioner Kelley said that since lawsuit just came in at the last minute, he will not try to place a cap on it. He has said before that a cap needs to be placed on these types of suits. There being no further discussion, the motion on the resolution passed by a 5-0 vote. Commissioner Santiago Yes Vice Mayor Holmes Yes Commissioner Kelley Yes Commissioner Riley Yes Mayor Taylor Yes 2 (14-2): A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT EXHIBIT "A" WITH THE AVANTI COMPANY TO PROVIDE WATER SYSTEM DIAGNOSTIC AUTOMATED METER READING BASELINE ASSESSMENT AND PROJECT MANAGEMENT SERVICES; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager The above resolution was read 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. It was moved by Commissioner Riley, seconded by Commissioner Kelley for discussion. Commissioner Kelley said that he does not have a problem with the item because he knows that there is a need for it. He asked the city manager if the monies will come out of the water and sewer funds. City Manager Harrell said that it will come out of the water and sewer funds. Commissioner Kelley asked what the urgency for needing this at this time was and if it was a part of the county providing assistance to the City. David Ritchie, 1663 NW 163'1 Street, Miami Gardens, Florida, asked Commissioner Kelley to repeat his question. Commissioner Kelley asked Mr. Ritchie if this was a part of the county providing assistance to the City. Regular Commission Meeting Minutes—11/09/2016 7 Mr. Ritchie said, "Yes." Commissioner Santiago asked that the newly elected officials do the right thing when they get on the dais and not repeat what happened ten (10) years ago. There being no further discussion, the motion on the resolution passed by a 5-0 vote. Vice Mayor Holmes Yes Commissioner Kelley Yes Commissioner Riley Yes Commissioner Santiago Yes Mayor Taylor Yes 14-3: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, RECOGNIZING AND HONORING VETERANS OF THE CITY OF OPA-LOCKA ON NOVEMBER 11, 2016; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by Mayor Taylor The above resolution was read 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. It was moved by Commissioner Riley, seconded by Commissioner Santiago to. There being no discussion, the motion on the resolution passed by a 4-1 vote. Commissioner Kelley Yes Commissioner Riley Yes Commissioner Santiago Yes Vice Mayor Holmes No Mayor Taylor Yes 15. PLANNING & ZONING: 16. ORDINANCES/RESOLUTIONS/PUBLIC HEARING: A. FIRST READING ORDINANCE(S): B. SECOND READING ORDINANCES(S)/PUBLIC HEARING: C. RESOLUTIONS: 1. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, APPROVING A PAYMENT DUE TO ED BROWN PURSUANT TO RESOLUTION NO. 15-9050 (EXHIBIT "A"); PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE; Sponsored by Commissioner Riley Regular Commission Meeting Minutes—11/09/2016 8 The above resolution was read by title by Attorney Brown. Mayor Taylor opened the floor for public hearing. There being no persons to speak on the public hearing, the public hearing was closed. It was moved by Commissioner Santiago, seconded by Commissioner Riley for discussion. Commissioner Riley said that he put the item on the agenda to find out what occurred since it had passed the resolutions that were attached to it. Mr. Brown had been given an increase based on his services in an interim capacity in which he did not last that long. The increase was to be spread out on a month to month basis so how is it that Mr. Brown is owed nineteen thousand dollars ($19,000.00) when it was prorated. He asked Commissioner Kelley for his thoughts on the item. Mayor Taylor asked the city attorney for clarity before Commissioner Kelley speaks. City Attorney Brown said that Mr. Ed Brown was paid one lump sum for his time. He told Commissioner Kelley that if a lawsuit is brought on stemming from the demand letter, then he will defend the lawsuit for free. Commissioner Kelley said that he agrees with Commissioner Riley and if the money is not owed, then it should not be paid. If there is money owed, then will Mr. Brown settle for less? City Attorney Brown repeated that he will defend the case for free because he is confident that Mr. Brown does not have a case and the City should not just open up the check book and start cutting checks based on demand. Commissioner Riley asked if the commission had intended to pay a lump sum to Mr. Brown. Commissioner Kelley said that he is not an attorney so he will yield to the city attorney's legal opinion. Mayor Taylor said that the letter referenced remaining compensation meaning that a portion had already been paid. City Attorney Brown said that the commission is free to do what they chose regarding this resolution because it is a policy decision. He does not believe this to be a strong case, but if the commission wants him to negotiate, then so be it. Vice Mayor Holmes recommended that someone contact Mr. Brown and try to negotiate what is owed City Manager Harrell said that the City does not owe Ed Brown anything. Mayor Taylor asked the city attorney to contact Ed Brown and have a discussion. Commissioner Kelley said that is what he was saying at the top of the conversation. A motion was made to amend the resolution to contact Ed Brown and negotiate a settlement. Regular Commission Meeting Minutes—11/09/2016 9 It was moved by Commissioner Kelley, seconded by Commissioner Riley to pass the amendment. There being no further discussion, the motion on the amendment passed by a 4-1 vote. Commissioner Santiago Yes Vice Mayor Holmes No Commissioner Kelley Yes Commissioner Riley Yes Mayor Taylor Yes There being no discussion, the motion on the resolution passed by a 4-1 vote. Vice Mayor Holmes No Commissioner Kelley Yes Commissioner Riley Yes Commissioner Santiago Yes Mayor Taylor Yes 17. CITY MANAGER'S REPORT: City Manager Harrell thanked Commissioner Santiago for serving on the city commission. She announced the upcoming special election on November 29, 2017 and mentioned that absentee ballots can be requested by November 23, 2017 from the Miami-Dade County Elections Department. The ballots must be submitted by 7:00 p.m. on Election Day; and she is open to any questions or concerns that the commission may have. Commissioner Kelley said that it is the city clerk who should have made any announcements regarding the elections process. He asked the manager if everyone had been notified regarding the utility issues. City Manager Harrell said, "Yes." Commissioner Kelley asked if the billing date issued was rectified since people were saying that they received their bills on the 9th of the month and they were due three (3) days later. City Manager Harrell said that they are working towards rectifying all of the issues surrounding the bills and since the county is on board providing assistance, it should be resolved. Commissioner Kelley asked if the potholes were being filled. City Manager Harrell said that the supplies have not been received as of yet. Commissioner Kelley asked, "Why?" Public Works Director Airia Austin said that the invoices went to the state for approval and once that was done the supplies were ordered. They are waiting on the vendors to deliver. City Manager Harrell said that the supplies should be delivered by the end of this week. Regular Commission Meeting Minutes—11/09/2016 10 Mayor Taylor thanked Senior's Coordinator Edna Hardy for donating the clock that is in the auditorium. She asked the commission if they opposed to canceling the meeting on the 23rd and no one objected. 18. OFFICIAL BOARD REPORTS: No reports at this time. 19. MAYOR/COMMISSION REPORT: Commissioner Santiago wished the city manager well with her employment. He congratulated the newly elected commissioner who is replacing him on the dais on winning his appointment. He was grateful for being able to serve as commissioner for the City. No matter who wins or loses, everyone is still residents of the City of Opa-locka. He asked his family to stand up and thanked them for supporting him throughout him serving as a commissioner. He is proud to have served the City. Mayor Taylor thanked Commissioner Santiago for serving on the city commission. Commissioner Kelley thanked Commissioner Santiago for serving on the city commission. Commissioner Santiago thanked Commissioner Kelley for being newly elected as vice mayor. Commissioner Riley thanked Commissioner Santiago for serving on the city commission. Commissioner Kelley announced that everyone is welcomed to attend Meet Me Monday that will be held on this coming Monday at 6:00 p.m. at Mount Pleasant Church. 20. OFFICIAL BOARD APPOINTMENTS: 21. ADJOURNMENT: There being no further business to come before the Commission, it was moved by Commissioner Riley, seconded by Commissioner Santiago to adjourn the meeting .t 8:25 .m. agi MAYIR ATTEST: CITY CLERK Regular Commission Meeting Minutes—11/09/2016 11