HomeMy Public PortalAbout01- January 26, 2017 Speial Commission Meeting Minutes CITY OF OPA-LOCKA
"The Great City"
CLERK'S ACTION SUMMARY MINUTES
SPECIAL COMMISSION MEETING
Thursday,January 26, 2017
5:30 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 5:30p.m. on Thursday, January 26, 2017 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 Joseph L. Kelley, Commissioner Timothy Holmes, Commissioner John B. Riley and
Commissioner Matthew A. Pigatt. 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 Vice Mayor Kelley.
4. PLEDGE OF ALLEGIANCE:
The Pledge of Allegiance was recited in unison.
5. PUBLIC INPUT:
Agenda Items Only
Douglas Jeffrey, 6625 Miami Lakes Drive, said that he is representing UWS and Mr. Spiezio. He
said that his client wanted to be here, but he did not receive any notice and due process rights. He
asked the commission to put off having this meeting tonight. On Tuesday a judge is going to
determine if any laws have been violated. The city manager is putting the City in a bad place by
having this waste haulers contracts as an item on the agenda when she knows it is scheduled for a
hearing. The city manager is not following the commission's prior direction. He asked the
commission to avoid the meeting since it is pending litigation and will be breaking the law.
Mayor Taylor asked the city attorney his opinion the matter.
City Attorney Brown said that he received a notice that there was a meeting today. What Mr.
Jeffrey is quoting is a statute regarding the notice of meetings. If the attorney', UES, and the
other bidders are in attendance, then proper notice was given for this meeting and that is why
they are here. The ten million dollars ($10,000,000.00) that he is threatening by lawsuit is one
that the city attorney is prepared to defend on behalf of the city.
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Mayor Taylor asked if the meeting properly noticed in a reasonable amount of time.
City Clerk Flores said that the meeting was properly noticed.
Mayor Taylor asked the attorney if the meeting should be postponed. City Attorney Brown said
that it is up to the commission to defer the meeting, but he would like them to vote on item 6. e)
so that he can move forward with the litigation.
Vice Mayor Kelley said that before he makes his decision to defer the meeting he needs clarity
because the items on this meeting have been pushed back several times.
City Manager Harrell said that the contract for the current waste haulers expires on the 28th of
this month. That will create a concern as there will be no waste hauler. If there is concern about
awarding an agreement tonight, then perhaps the commission can award an agreement
subsequent to the outcome of the court.
City Attorney Brown read that special meetings need n more than twenty four (24) hours' notice
to convene. The notice for this meeting was posted last Friday which means it was posted with
sufficient time.
Commission Riley said that there was an agreement passed at a prior meeting for the waste
haulers and that agreement stands. No other items can be considered because it may cause the
City to face additional litigation. The city manager and the city attorney are facing lawsuits
individually and if the city engages otherwise, it leaves itself open for a lawsuit. He will only
entertain item 6 e) and recommends to defer the rest until after Tuesday.
City Attorney Brown said that a resolution is not law; it is a policy statement under Florida
Statute from this board. The resolution was conditional and included a one hundred and twenty
(120) day period that is set to expire on the 28th. He tried to meet with UWS on last week, but
was served with a lawsuit instead. Contrary to what Commission Riley is saying, the City has
been served with a lawsuit. He is prepared to defend the city and will not be bullied.
Commissioner Holmes said that the city attorney and Commissioner Riley need not go back and
forth on the matter. The city attorney said that he is prepared to move forward and he is ready to
move forward.
Commissioner Riley said that he should not be attacked for speaking as this is his right.
Commissioner Pigatt said that he would like to move forward with the complete agenda.
Mayor Taylor asked the city attorney for his recommendation.
City Attorney Brown said that if the commission wants to move forward with the agenda, then
that is fine. He is recommending that commission votes on item 6. e) since it is a current and
ongoing situation.
City Manager Harrell reminded the commission that the expiration date for UWS is in two (2)
days and if there is nothing in place, then there is going to be a problem with garbage all around
the City.
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Vice Mayor Kelley said that he would like to move on the item.
Raul Fernandez, 13270 Port Said Road, said that he understands where there is a contract
between everyone and he too has a contract with UWS through 2020 and it is a set price. The
bills are now triple with a due date every three (3) months. His tenants are here right now and if
the rates with the garbage are not straightened out, then he will have to raise their rents. The
garbage has not been picked up and he has had to use his own truck and pick up all of the
garbage and take it to his other businesses and dispose of it there. He agrees with the city
attorney that the City is being bullied because he feels bullied. Something has to be done.
Dorothy Johnson, 14225 NW 22nd Place, said that she is confused from last evenings meeting
and needs clarity. She said the commission told one of the business owners that they can do
whatever they need to do to get their garbage picked up. She said that not only is it illegal, but
then you will have a lot of different garbage companies in the City and that is not right, She
hopes that is not what the City recommended.
Robert Turitto, Universal Waste Services, said that there will be no interruption of service while
this is going on. Furthermore, the RFP contained the same prices and they were set and the
commission voted on them. The rates were set, they were not negotiable and he cannot change
them. They submitted bids as did everyone else and they were awarded the contract. The fees
were set so that the City can have revenue from the franchise fees. UWS is not making up the
rules as they go along.
Commissioner Holmes asked the city attorney if everyone can come and speak on behalf of
UWS.
City Attorney Brown said that if there is a group speaking on behalf of UWS, then only one
person needs to come before the commission.
Mayor Taylor asked Eric Redmon if he was coming before the commission as a lobbyist.
Mr. Redmon said that he was coming before the commission as a resident.
Eric Redmon, Villa Francine, said that he will not get into the lawsuit, and as a citizen and a
taxpayer, the commission is going to put the City into a position to have to repay a lawsuit. Also,
the City should not be paying for legal services for the city manager and attorney because they
are being sued individually; also the city attorney should not be providing any input because he
is a named party in the lawsuit. Until counsel has been retained for him, neither he nor the city
manager should comment on this as they have a stake in this. This is putting the City in a bad
spot if it is passed.
Hector Castellanos, Lejeune Commercial center, said that he paid for three (3) months of garbage
and it has not been picked up at all. Waste Management charges less than UWS.
6. RESOLUTIONS:
a) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, RECSINDING RESOLUTION NO. 16-9262 THAT AUTHORIZED
AND DIRECTED THE CITY MANAGER TO ENTER AGREEMENTS WITH
UNIVERSAL WASTE SERVICES (UWS) OF FLORIDA, INC., TO PROVIDE
Special Commission Meeting Minutes—1/26/2017 3
CITYWIDE RESIDENTIAL AND COMMERCIAL SOLID WASTE COLLECTION
AND DISPOSAL SERVICES; PROVIDING FOR INCORPORATION OF RECITALS;
PROVIDING FOR AN EFFECTIVE DATE; Sponsored by Commissioner Pigatt
The above resolution was read by title by Attorney Brown.
It was moved by Commissioner Pigatt, seconded by Vice Mayor Kelley for discussion.
Commissioner Pigatt said that on October 26, 2016 the city commission voted to pass the
resolution and it was subject to approval by the state oversight board. He asked the city attorney
if the state had approved the resolution from that meeting.
City Attorney Brown said it was not approved by the board.
Commissioner Pigatt asked the city attorney what was approved by the board.
City Attorney Brown said that the there is no present agreement regarding the resolution.
Commissioner Pigatt said that he is concerned about his company and its effectiveness. There
have been questions and concerns about the contract from business owners and the state. He is
recommending o his fellow colleagues that the contract is rescinded because it was not approved
by the state oversight board.
Vice Mayor Kelley said if the contract was valid or not, it will play out in court. If item 6 a) is
not passed then you cannot move on with the rest of the agenda.
Mayor Taylor asked the city attorney what happens if the resolution is rescinded.
City Attorney Brown said that a 120 day extension was approved and outside of that, there were
no terms and conditions negotiated.
Mayor Taylor asked the vice mayor to repeat what he had just said.
Vice Mayor Kelley said that in order to address items 6 b), c), and d), then you have to support
item 6 a).
Mayor Taylor said she is concerned that if the resolution is rescinded, then what will happen to
the City. She does not think provisions can be made so quickly.
Commissioner Holmes said that he is ready to vote.
Mayor Taylor says that she understands the commissioner is ready to vote, but she needs clarity.
City Manager Harrell said that if the resolution is rescinded tonight, there are provisions to have
the garbage picked up staring next week.
There being no further discussion, the motion on the resolution passed by a 4-0 vote.
Commissioner Riley Not Present
Vice Mayor Kelley Yes
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Commissioner Holmes Yes
Commissioner Pigatt Yes
Mayor Taylor Yes
b) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, REJECTING ALL BIDS RECEIVED ON MAY 20, 2016, IN
RESPONSE TO RFP 16-3103200; PROVIDING FOR INCORPORATION OF
RECITALS; PROVIDING FOR AN EFFECTIVE DATE; Sponsored by City Manager
The above resolution was read by title by Attorney Brown.
It was moved by Commissioner Holmes, seconded by Commissioner Pigatt to pass the
resolution.
There being no further discussion, the motion on the resolution passed by a 4-0 vote.
Commissioner Pigatt Yes
Commissioner Riley Not Present
Vice Mayor Kelley Yes
Commissioner Holmes Yes
Mayor Taylor Yes
c) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, DIRECTING THE CITY MANAGER TO ENTER INTO A
MEMORANDUM OF UNDERSTANDING WITH MIAMI-DADE COUNTY FOR
RESIDENTIAL SOLID WASTE COLLECTION AND DISPOSAL; PROVIDING FOR
INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE;
Sponsored by City Manager
The above resolution was read by title by Attorney Brown.
It was moved by Commissioner Holmes, seconded by Commissioner Pigatt to for discussion.
Vice Mayor Kelley said he sees all kinds of collections services on the MOU and he wants to be
clear on what our part will be.
City Manager Harrell said that everything on the MOU is related to residential waste services.
Vice Mayor Kelley asked if there will be any anticipated issues with the MOU.
City Manager Harrell said, "No."
Commissioner Pigatt asked the city manager how much are the residents currently paying.
City Manager Harrell said, "$25.14."
Commissioner Pigatt asked the city manager how much will the residents be paying under the
county.
City Manager Harrell said that under the county, the residents would be paying $36.58, but the
recycling and an enforcement provision in included in that amount.
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Commissioner Pigatt asked how much more it costs to have the county collect the garbage.
City Manager Harrell said that it actually saves the residents and the City, but it is not funds that
can go into general funding.
Commissioner said that the term of seven (7) years for the MOU is too long and if it can be
reduced.
City Manager Harrell said that she will ask the county and then it will be subject to the
commission's approval.
Commissioner Pigatt said that the bulk pickup has gone from monthly to twice a year. He asked
if there can be additional pickups.
City Manager Harrell said that because the county serves several municipalities, they have to
service uniformly. There are other options, including neighboring transfer stations and ordering a
bulk pickup.
Commissioner Pigatt said that he wants the residents to be informed of this.
Vice Mayor Kelley asked the city manager if the transfer station will be shut down.
City Manager Harrell said that it does not have to be shut down, but the county will not operate
it.
Commissioner Pigatt said the city manager alluded to the fact that there are other options and he
would like to hear them again before making his vote.
City Manager Harrell said requesting bulk pickup, utilizing other cities transfer stations, and
paying a higher rate to operate the City's transfer station are options for residential services.
Vice Mayor Kelley said that this is a huge item and he is concerned that the rates may change
down the line.
Mayor Taylor said that she is concerned because she does not want to be locked in with the
county for seven (7) years and then they can change the rates whenever. Also the transfer station
was placed where it is so that if there is an issue with the bulk pickup, then residents have
somewhere to go and take their garbage. If it is left open, then there will be a cost to operate.
City Manager Harrell said that there is a cost now that is incorporated into the agreement. It was
supposed to show here, but it does not.
There being no further discussion, the motion on the resolution failed by a 2-2 vote.
Vice Mayor Kelley Yes
Commissioner Holmes Yes
Commissioner Riley Not Present
Commissioner Pigatt No
Mayor Taylor No
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Vice Mayor Kelley asked the city attorney what happens now that the resolution has failed.
City Attorney Brown said that under Florida Statute 287 the city manager can enter into an
emergency contract. She would have to provide a sworn statement to the city commission on the
record.
Vice Mayor Kelley said that he does not like this emergency situation, it makes no sense to go
out and find someone to do a couple days work. If that be the case, then the City might as well
negotiate a one month contract with the current waste haulers until there is someone else I place
to provide services even though they are suing the City.
City Attorney Brown said that as long as the city manager gets two bids she can enter into an
emergency agreement for a waste hauler.
Commissioner Pigatt said that he wants to change his vote to yes in support of the resolution.
Mayor Taylor said that in the spirit of unity she will also change her vote to yes.
There being no further discussion, the motion on the resolution passed by a 4-0 vote.
Vice Mayor Kelley Yes
Commissioner Holmes Yes
Commissioner Riley Not Present
Commissioner Pigatt Yes
Mayor Taylor Yes
d) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, ACCEPTING THE CITY MANAGER'S RECOMMENDATION TO
PIGGYBACK ON THE CITY OF AGREEMENT FOR THE
PROVISION OF COMMERCIAL SOLID WASTE COLLECTION AND DISPOSAL
SERVICES; FURTHER AUTHORIZING THE CITY MANAGER TO ENTER INTO
AND EXECUTE TO THE CITY ATTORNEY AND FOR FINAL APPROVAL BY THE
CITY COMMISSION; PAYABLE FROM ACCOUNT NO. 34-534340, A BUDGETED
ITEM; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN
EFFECTIVE DATE; Sponsored by City Manager
The above resolution was read by title by Attorney Brown.
This item was withdrawn by City Manager Harrell. She said that her intent was not to piggyback,
but to go with Great Waste. The item will be brought back at Tuesday's meeting.
e) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, AUTHORIZING THE CITY ATTORNEY AND THE CITY
MANAGER TO ENTER INTO AN AGREEMENT WITH FOR
OUTSIDE LEGAL SERVICES IN CONNECTION WITH THE LAWSUIT IN
UNIVERSAL WASTE SERVICES OF FLORIDA VS. CITY OF OPA-LOCOKA,
FLORIDA, ET AL., CASE # 17-001268; PROVIDING FOR INCORPORATION OF
RECITALS; PROVIDING FOR AN EFFECTIVE DATE; Sponsored by City Attorney
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The above resolution was read by title by Attorney Brown.
It was moved by Commissioner Holmes, seconded by Vice Mayor Kelley for discussion.
Vice Mayor Kelley asked the city attorney for clarity on this item since he is the sponsor?
City Attorney Brown said that before the commission is information from four (4) law firms and
he and the city manager had to reach out to his colleagues in the law industry and asked for bios
and retainer amounts. He recommends Berger and Singer to represent him and Holland and
Knight to represent the City.
There being no further discussion, the motion on the resolution passed by a 5-0 vote.
Commissioner Riley Not Present
Vice Mayor Kelley Yes
Commissioner Holmes Yes
Commissioner Pigatt Yes
Mayor Taylor Yes
7. ADJOURNMENT:
There being no further business to come before the Commission, it was moved by
Commissioner Riley, seconded by Commissioner Pigatt to adjourn the meeting at 8:43 p.m.
MAYOR
ATTEST:
! CITY CLERK
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