Loading...
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. Special Commission Meeting Minutes—1/26/2017 1 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. Special Commission Meeting Minutes—1/26/2017 2 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 Special Commission Meeting Minutes—1/26/2017 4 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. Special Commission Meeting Minutes—1/26/2017 5 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 Special Commission Meeting Minutes—1/26/2017 6 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 Special Commission Meeting Minutes—1/26/2017 7 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 Special Commission Meeting Minutes—1/26/2017 8