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HomeMy Public PortalAbout01-January 25, 2017 Regular Commission CITY OF OPA-LOCKA "The Great City" CLERK'S ACTION SUMMARY MINUTES REGULAR COMMISSION MEETING WEDNESDAY,January 25, 2017 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, January 25, 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: Commissioner Timothy Holmes, Vice Mayor Joseph L. Kelley, Commissioner John Riley, Commissioner Matthew Pigatt, 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 Mayor Myra L. 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 13-6, 13-8, and 13-9 (Commissioner Holmes); defer 13-7 (Commissioner Pigatt); pull 13-1 and 13-4 (City Manager Harrell). 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, DIRECTING THE CITY ATTORNEY TO SEEK SETTLEMENT OF THE LAWSUIT IN UNIVERSAL WASTE SERVICES OF FLORIDA VS. THE CITY OF OPA-LOCKA, FLORIDA, ET AL., CASE # 17-001268, WHICH SHALL INCLUDE AN EXTENSION OF THE CURRENT AGREEMENT OR ENTERING INTO A NEW SHORT-TERM AGREEMENT (FOR A 2 YEAR PERIOD); PROVIDING FOR Regular Commission Meeting Minutes—01/25/2017 1 INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Attorney It was moved by Commissioner Riley, seconded by Vice Mayor Kelley to amend the agenda to include the above resolution as item 14-1. There being no further discussion, the motion failed by a 3-2 vote. Commissioner Pigatt No Commissioner Riley Yes Vice Mayor Kelley Yes Commissioner Holmes No Mayor Taylor No 7. APPROVAL OF AGENDA: It was moved by Commissioner Riley, seconded by Commissioner Pigatt to approve the agenda, consent agenda and pull list. There being no discussion, the motion passed by a 5-0 vote. Commissioner Riley Yes Commissioner Pigatt Yes Commissioner Holmes Yes Vice Mayor Kelley Yes Mayor Taylor Yes 8. APPROVAL OF MINUTES: Special Commission Meeting— 1/19/2017. It was moved by Commissioner Riley, seconded by Vice Mayor Kelley to approve the minutes of the Special Commission Meeting on January 19, 2017. There being no discussion, the motion passed by a 5-0 vote. Commissioner Holmes Yes Vice Mayor Kelley Yes Commissioner Riley Yes Commissioner Pigatt Yes Mayor Taylor Yes 9. DISTRICT ONE/DISTRICT TWO - COUNTY COMMISSIONER REPORT Larry Gardner, District I, said that Commissioner Jordan is having her annual Black Heritage Festival on Saturday, February 4, 2017 at the Betty T. Ferguson Center and the community is invited. The Mom and Pop Grant is still ongoing and applications are available at the office and online. District II was not present. Regular Commission Meeting Minutes—01/25/2017 2 Mayor Taylor said that she wants to take her mayor's hat and put on her mother's hat for a second. She thanked everyone for supporting her family and mainly her son. As a mother she loves her children as much as everyone else loves theirs. Once he is grown, she is not responsible for his actions and he accepts responsibility for his actions. 10. PUBLIC PRESENTATION: 11. CITIZENS' INPUT: Former Commissioner Dorothy Johnson said that it would be nice if citizens input was allowed after the workshop for the recovery plan. The state has made some recommendations and the commission is not following them. She wants the commission to respond. Under the citizen's bill of rights, the commission has a duty to respond to the public and not just stare at them and have nothing to say; they need answers. The residents want to be involved and have a say. She hopes that what she is saying today does not fall on deaf ears. Al Hardemon, 2080 Rutland Street said that he has concerns about the state oversight board's recommendations. He read the paper where Miami-Dade County states that the City owes money for sewer. He said it is not true. The infrastructure is paid for. He wants to meet with the commission to explain in detail. Chris Roberts came before the commission and gave her three minutes to Brian Dennis. Brian Dennis, 3134 NW 135 Street said that the water bills are too high and it is sad. Everyone knows what is going on with the infrastructure and the leaky pipes. The commission and the manager's office are criticizing the state oversight board for mistakes that are coming from them. Everyone is starting to see what is going on, the votes are switching and that is why he is here. If you know what you are supposed to do and how the vote should go and you choose to do it another way then your vote will tell it all. It does not matter how many organizations you stand behind, they cannot hide you. The people see and know what is going on. Mr. Dennis went back and forth with the mayor regarding him receiving another three (3) minutes of time. Commissioner Holmes requested that Mr. Dennis be allowed an additional three (3) minutes. Mayor Taylor allowed an additional three (3) minutes to Mr. Dennis to speak during citizen's forum. Mr. Dennis said that the charade that was put on Friday with the State of the City Address was shameful. Look at the water bills. But no one wants to address it. It is not to vilify anyone, but to speak the truth. The commissioners never want to be singled out so no one is taking responsibility for what they do. A hit dog will holler. The City is spending money it does not have. There are certain votes that make the commission not follow the rules. He said that he is not going to sit there and allow things to continue as they are. He is not going to allow the mayor to sit there and tell him anything and he is just going to go for it, that's not how it goes. He made a promise as a minister that he is personally going to get the fourteen hundred (1400) votes to have her removed from office. Regular Commission Meeting Minutes—01/25/2017 3 City Attorney Brown said that the charter neither confirms nor denies anyone from speaking beyond their three (3) minutes or giving their time to someone else. Vice Mayor Kelley said that he is going to work on legislation to clarify the rules on speaking during citizen's forum. Hector Castellanos, LeJeune Commerce Center, said that he has paid his garbage up until March and the company has not come to pick it up. The cans are filling up. The people from Universal told him that they will not pick it up and he does not understand. He said that the City told him and the other business owners to continue paying the same rates they have been paying. They should have been given a letter stating this. The company told him that their contract was approved, but it was not approved by the oversight committee. They said they will not pick up his garbage because he will not pay their ridiculous fee. He said the commission should put it out for bid so that someone else can get it because Universal is just being ridiculous. This is a bad situation, people are being intimidated. He wants to know what is going on. City Attorney Brown said that due to the pending litigation with UWS, there is not much that the City can discuss about the situation. As of January 28th the temporary agreement is going to expire and Mr. Castellanos can meet with the manager to see what the city plans to do moving forward. Mr. Castellanos asked what he is supposed to do about the garbage situation in the meantime. City Attorney Brown reiterated that he cannot give any advice or answer the question at his time because of the pending litigation. Mr. Castellanos said that he understands that, but would like to receive some kind of paper that the business owners can show when UWS comes around making threats. He said that the City should not settle for what UWS is doing because we are not the type of people who should be bossed around. Robert Turitto, Universal Waste Services, said that he does not understand why the garbage is being discussed when it is not on the agenda. Mayor Taylor informed him that agenda items only are discussed at special commission meetings and this is a regular meeting where anything can be discussed. Mr. Turitto said that the City would have a lot more progress if it hired a new city manager with a lot more experience. The City is not going in the right direction and it is involved in multiple lawsuits because of her actions which are totally incorrect and illegal. The city needs to hire someone that knows how to do business and not play games because this is just games. The contract was signed in November and these are the same rates that were being paid in 2012 under Waste Management's contract. All of the bidders were within one or two dollars of each other. This is all a stall tactic. Eloy Romo, Romo's Restaurant, said that he heard that the rates were also higher in 2012 as the current company is doing now. He said that he never had these issues with Waste Management and the bills are too high. He is also disappointed with the fact that he cannot advertise his business. He paid eight hundred dollars for signs and John Cook from Code Enforcement is Regular Commission Meeting Minutes—01/25/2017 4 coming to his business and threatening to fine him for having the signs up. It is a way to do business and enhance the City. He does not understand the issue with the banners. Mayor Taylor asked the city manager if all of the businesses have a copy of the sign ordinance. City Manager Harrell said that she is unsure if all of the businesses have a copy of the sign ordinance, but she does know that there are several businesses that have to comply. Nicholas Remming (UWS), 3121 NW 131st Street, said that he went to the manager's office three times this year and received six hundred (600) flyers for three thousand (3000) residents. The previous manager provided the needed flyers for the residents. He said that the director of the day to day operations for the City is to blame. Q Bozeman, 13134 Alexandria Drive, said that he has been in the City of Opa-locka for nine years and the quality of life in the City has gone down. The City needs an experienced manager. UWS is the best garbage company for the City not Waste Management or Great Waste. They will not hire any residents. Natasha Ervin, 770 Opa-locka Blvd, thanked the vice mayor for the MLK Walk and basketball tournament. She asked when the millage rate was going to be reduced to a lower rate than 10.0. She questioned the corruption in the City, and the high water bills and applauded the state for the work they are doing to assist the city with the financial issues and not allow the commission to continue to use what little is left. The City needs to stop blaming everyone for what they are doing. The state brought in professional people that gave their professional opinion and nothing was done with the information. We have done very little, but want to play the blame game. People are having accidents and leaving the scene of the crime and nothing is being done about it. She said that the commission does not need City cars and credit cards, the employees need raises. Stop blaming, start taking responsibility, and stop blaming the state. There is talk of needing an experienced city manager and maybe one is needed. The commission had a chance to do something about it four (4) weeks ago and did nothing and now they are stuck with what they have. Eric Redmon, Villa Francine, asked for additional time before he began to speak. He said that he is bothered by the citizen speaking out against the garbage company and the city attorney mentioned that the contract will be up on the 28th. He reminded everyone that a resolution was out that voided out the 90 and 120 day extension so he does not know what the attorney is talking about. He said that he thought it was the commission who hired and fired for positions such as the city clerk, city attorney, and city manager so item #8 makes no sense. He then asked the commission what was the problem with the signs and why does it need a resolution. The City has enough to worry about than to continue bringing up the signs every week. They need to teach the sponsor of the resolution how things are done around here. Rose Tydus, 1101 Dunad Avenue, said that on October 6, 2016 the commission approved a contract to hire the city manager subject to the approval of the state oversight board. On November 29, 2016 the contracts review committee addressed some concerns that they regarding the contract and the fiscal impact that it has on the City. She is in favor of the board. The contract is in favor of the manager as opposed to the City in the event of termination. She noted the benefits in the contract that favored the manager. The contract is not sound. The board told the City to hire an experienced city manager and it has yet to be done. There is a problem with this item being on the agenda. Regular Commission Meeting Minutes—01/25/2017 5 Sandra Collado, 301 Bahman Avenue, said that it's not her first time coming before the commission for the same issues and her problems are not solved. She knows most of the commission well and does not want to come off disrespectful, but nothing is being done about her situation. She went on to note several months of billing where her account was very high. She wants to know what is going on, there are poor people here, no one here is rich. She said that the city manager is rude and does not respect Spanish people when they go to her office to speak to her. 12. ACTION ITEMS: 1 (13-1). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, ADOPTING AND RATIFYING THE SALARY AND BENEFIT PACKAGE FOR THE CITY MANAGER, YVETTE HARRELL; 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 Commissioner Holmes, seconded by Commissioner Riley for discussion. Vice Mayor Kelley said that he will not spend too much time on the item. He pulled the item so that he can put it on the record that he has never been a fan of the item. He has been vocal about the current manager's lack of experience. Even though he will work with whoever is in the position, the City needs an experienced city manager and it is nothing against Ms. Harrell. Commissioner Riley said that the package is not extreme or outlandish compared to municipalities of this size. He has reviewed the packages of other executives and it is not out of bounds. Commissioner Pigatt said that it is disrespectful to have someone work and not pay them the salary that they should receive for the work that they do, simple as that. The manager has been working hard over the past few months and should be paid accordingly. Commissioner Holmes said he thinks the city should pay the manager. She came at a time when the City has so many issues and she is doing the best she can do with what she has to work with. Let's move the City forward. Mayor Taylor said that she wants to agree with Commissioner Pigatt and Commissioner Holmes because the manager does not have to put up with all that she has endured from the state. She is doing all of this on her own with no help from the state nor the county, only her staff. No financial assistance. She commended the manager for the work she has done. There being no further discussion, the motion on the resolution passed by a 4-1 vote. Commissioner Pigatt Yes Commissioner Riley Yes Commissioner Holmes Yes Vice Mayor Kelley No Regular Commission Meeting Minutes—01/25/2017 6 Mayor Taylor Yes 2 (13-4). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO PIGGYBACK ON MIAMI-DADE COUNTY'S MISCELLANEOUS MANAGEMENT CONSULTING SERVICES AGREEMENT WITH A.L. JACKSON & COMPANY, P.A.; 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 Riley, seconded by Commissioner Holmes for discussion. Vice Mayor Kelley said that he wants to know how the city intends to pay for this. It has a large sum of money ($40,000.00- $80,000.000) coming out in a short period of time. City Manager Harrell said that the money was budgeted for. Vice Mayor Kelley asked if the City budgeted $80,000.00 for someone to come in and do the financial recovery plan. City Manager Harrell said that it was not budgeted for $80,000.00, but for $40,000.00 in the event that the budget will be exceeded, then the vendor will have to come back and receive authorization for more funds. Vice Mayor Kelley said the information does not state that information the manager is explaining and it should be clear especially when there is a fiscal impact. City Manager Harrell said that she will ensure that the information is clear before entering into any agreement. There being no further discussion, the motion on the resolution passed by a 5-0 vote. Commissioner Riley Yes Commissioner Pigatt Yes Commissioner Holmes Yes Vice Mayor Kelley Yes Mayor Taylor Yes 3 (13-6). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, DIRECTING THE CITY MANAGER TO DEVLOP INNOVATIVE STRATEGIES UTILIZING BEST PRACTICES FOR MARKETING OF CITY SPONSORED EVENTS AND OPPORTUNITIES; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by Commissioner Pigatt The above resolution was read by Attorney Brown. Regular Commission Meeting Minutes—01/25/2017 7 It was moved by Commission Holmes, seconded by Commissioner Pigatt for discussion. Commissioner Pigatt said that during the last meeting there was discussion about the signs that are put up for City sponsored events. He wants to make sure that the City is promoting City sponsored events without coming out of pocket. There being no further discussion, the motion on the resolution passed by a 4-1 vote. Vice Mayor Kelley No Commissioner Riley Yes Commissioner Pigatt Yes Commissioner Holmes Yes Mayor Taylor Yes 4 (13-8). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, DIRECTING THE CITY MANAGER TO PURSUE AND REVIEW OPTIONS FOR THE HIRING OF AN EXPERIENCED CITY MANAGER; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by Commissioner Pigatt The above resolution was read by Attorney Brown. It was moved by Commissioner Pigatt, seconded by Vice Mayor Kelley for discussion. Commissioner Pigatt said that due to recent events, the residents have lost trust in the process that was used to hire the city manager. An experienced manager needs to come in that knows the game and knows how to strategize. He referenced Merritt Steirheim as being a potential candidate because of his experience with the county. He posed the item to get someone or some group to come and vet and then nationally advertise for a city manager to get the best person for the job. It should be an open and transparent process. Commissioner Riley said that he has great respect for certain individuals, but he does not think who Commissioner Pigatt mentioned has the best interest of the City. The person is actually having support in getting the City abolished. Vice Mayor Kelley asked the sponsor for clarity on the item. He said that the city manager position should be an experienced individual, but the current manager should not be involved in the hiring process for another manager that will replace her. Commissioner Pigatt said that the process that was done before wasn't done right in the eyes of the residents. He would like to move forward and do things differently. The city manager can be a part of the process. Vice Mayor Kelley said that at this time it is not feasible for the city manager to look into getting an experienced city manager for the City because the commission has voted to hire her and she needs to focus on running the City. Regular Commission Meeting Minutes—01/25/2017 8 Commissioner Pigatt requested to amend the resolution by removing Merritt Steirheim from section 2. He would still like to put a team together to find an experienced city manager through an open process. Commissioner Holmes said that of all his years in office there has only been one city manager who was not the same color as him and the commission voted to not only pay him, but to also give him all kinds of perks he didn't deserve. Anyone in that position should be fairly compensated. Mayor Taylor said that she does not understand the item because it reads as though the city manager is being directed to go out and find someone to replace her and that is not right. If that is to be done, it is the commission who should go out and find another city manager. She said she keeps hearing the state say that the City needs an experienced manager, but there have been others who have been in positions that they have never been in before and they did the job for the first time also. A new manager should not be able to come in and continue from everything the current manager has done. There being no further discussion, the motion on the resolution failed by a 4-1 vote. Vice Mayor Kelley No Commissioner Pigatt Yes Commissioner Riley No Commissioner Holmes No Mayor Taylor No 1 (13-2). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, REQUIRING THE CITY'S POLICE DEPARTMENT TO STRICTLY COMPLY WITH FLORIDA STATUTES SECTION 316.0083(1)(A) WHEN ISSUING CITATIONS TO VEHICLES MAKING RIGHT-HAND TURNS AT RED LIGHTS; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by Commissioner Riley The above resolution was read by Attorney Brown. It was moved by Commissioner Riley, seconded by Vice Mayor Kelley for discussion. Commissioner Riley said that the statutes states that a citation should not be issued when someone is at an intersection and safely makes a right hand turn at the light. He has attended 22 hearings in the last month and all of the tickets were dismissed by the judge. A lot of people in and outside of Opa-locka have to go to court for these hearings and the statute states that they should not receive these citations. He wants the department to adhere to the statute no more no less. Vice Mayor Kelley said that he is concerned that the legislation will have an impact on the City whether it is with the police department or the vendor. He asked the manager for clarity. City Manager Harrell said that the police department will be in compliance and she will reach out to the vendor and inform them of the statute. The attorney said that it is up to the hearing Regular Commission Meeting Minutes—01/25/2017 9 officer to determine if someone is safely crossing the line at the intersection that tickets motorists. City Attorney Brown said that the statute is clear and the commission will simply be voting to ensure that the police department is in compliance with the statute. The hearing officer is the one who will examine the video and determine whether or not the statute was violated. The motion on the resolutions passed by a 4-1 vote. Commissioner Pigatt Yes Commissioner Riley Yes Commissioner Holmes No Vice Mayor Kelley Yes Mayor Taylor Yes 13. CONSENT AGENDA: 1 (13-2). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, RENEWING AND ADOPTING 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 2 (13-3). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, DIRECTING THE CITY MANAGER TO PAY ECO TECH CONSULTING, LLC (ECO TECH) FOR INVOICES SUBMITTED IN AUGUST 2015, NOVEMBER 2015, DECEMBER 2015, JANUARY 2016, FEBRUARY 2016, APRIL 2016, AND MAY 2016 IN AN AMOUNT NOT TO EXCEED $20,285.00; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager 3 (13-5). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, DIRECTING THE CITY MANAGER TO CREATE A LIST OF VENDORS THAT ESTABLISHES AN ORDER OF PRIORITY FOR PAYMENT OUT OF CAPITAL IMPROVEMENT FUNDING; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by Vice Mayor Kelley The above resolutions were read by Attorney Brown. It was moved by Commissioner Holmes, seconded by Commissioner Riley to pass the resolutions. There being no discussion, the motion on the resolutions passed by a 5-0 vote. Vice Mayor Kelley Yes Commissioner Pigatt Yes Commissioner Riley Yes Commissioner Holmes Yes Regular Commission Meeting Minutes—01/25/2017 10 Mayor Taylor Yes 14. NEW ITEMS: 15. PLANNING & ZONING: A. HEARINGS: 16. ORDINANCES/RESOLUTIONS/PUBLIC HEARING: A. FIRST READING ORDINANCE(S): B. SECOND READING ORDINANCE(S)/PUBLIC HEARING: C. RESOLUTIONS: 17. CITY MANAGER'S REPORT: City Manager Harrell said that there needs to be a town hall to discuss the water bills, but she wants to meet with the commission first. She will schedule the meeting within the next week so that the residents can voice their opinion on what is going on with the bills. She will provide the commission with a report on the potential waste haulers and wants to put it on the record that the City has not authorized any rate increases to the businesses. The state has strongly recommended that the City adhere to the recommendations that were brought forth including the personnel costs of almost one million dollars ($1,000.000.00). The state will not approve the budget if all of the recommendations are not followed. This is required since the budget will also be a part of the legislative package. She has provided her report to the commission and is prepared to answer any questions they may have. Vice Mayor Kelley asked if the state revolving loan will be included in the legislative package. City Manager Harrell said that the legislatures are aware that the package will be sent. Because of the size of the information, it will be broken down and sent in smaller packages. Vice Mayor Kelley asked if he can reappoint his mother to serve on one of the boards because he was given information that he could not. City Attorney Brown said that he would have that information for the vice mayor on tomorrow. City Manager Harrell informed the commission that code red is up and running to inform the residents of what is going on in the City. 18. OFFICIAL BOARD REPORTS: No reports at this time. 19. MAYOR/COMMISSION REPORT: Regular Commission Meeting Minutes—01/25/2017 11 Vice Mayor Kelley thanked everyone who participated in the MLK Walk on Saturday, January 14, 2017. The seniors fishing trip on yesterday was fun and everyone had a great time. There are other board appointments, but he will wait to do his appointments. 20. OFFICIAL BOARD APPOINTMENTS: 21. ADJOURNMENT: There being no further business to come before the Commission, it was moved by Commissioner Holmes, seconded by Commissioner Pigatt to adjourn the meeting at 09:16 p.m. MAY•R ATTEST: CITY CLERK Regular Commission Meeting Minutes—01/25/2017 12