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HomeMy Public PortalAbout02-February 08, 2017 Regular Commission Meeting CITY OF OPA-LOCKA "The Great City" CLERK'S ACTION SUMMARY MINUTES REGULAR COMMISSION MEETING WEDNESDAY, February 08, 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, February 08, 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 Riley, and Commissioner Matthew Pigatt. 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 13-9 (Commissioner Pigatt); pulled 13-2, 13-3, 13-4, 13-5, 13-6, and 13-7 (Vice Mayor Kelley). 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, RATIFYING THE MEMORANDUM OF UNDERSTANDING EXECUTED BY MIAMI-DADE COUNTY AND THE CITY OF OPA-LOCKA, FLORIDA FOR RESIDENTIAL SOLID WASTE COLLECTION AND DISPOSAL SERVICES; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE.Sponsored by City Attorney Regular Commission Meeting Minutes—2/08/2017 1 The above resolution was read by title by Attorney Brown. It was moved by Vice Mayor Kelley, seconded by Commissioner Pigatt to amend the agenda to include the above resolution as item 14-1. There being no discussion, the motion passed by a 5-0 vote. Commissioner Pigatt Yes Commissioner Riley Yes Commissioner Holmes Yes Vice Mayor Kelley Yes Mayor Taylor Yes 14-2: 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 The above resolution was read by title by Attorney Brown. It was moved by Commissioner Pigatt, seconded by Vice Mayor Kelley to amend the agenda to include the above resolution as item 14-2. There being no discussion, the motion passed by a 5-0 vote. Commissioner Riley Yes Commissioner Holmes Yes Vice Mayor Kelley Yes Commissioner Pigatt Yes Mayor Taylor Yes 7. APPROVAL OF AGENDA: It was moved by Commissioner Pigatt, seconded by Commissioner Riley to approve the agenda, consent agenda and pull list. There being no discussion, the motion passed by a 5-0 vote. Commissioner Holmes Yes Vice Mayor Kelley Yes Commissioner Pigatt Yes Commissioner Riley Yes Mayor Taylor Yes 8. APPROVAL OF MINUTES: Recessed Second Budget Hearing Minutes—December 19, 2016 Regular Commission Meeting Minutes—2/08/2017 2 It was moved by Commissioner Riley, seconded by Vice Mayor Kelley to approve the minutes of the Recessed Second Budget Hearing Minutes on December 19, 2016. There being no discussion, the motion passed by a 5-0 vote. Vice Mayor Kelley Yes Commissioner Pigatt Yes Commissioner Riley Yes Commissioner Holmes Yes Mayor Taylor Yes 9. DISTRICT ONE/DISTRICT TWO - COUNTY COMMISSIONER REPORT Larry Gardner, Commissioner Barbara Jordan's Office, District I, said that he has been in contact with Parks & Recreation Director Charles Brown and he is still working on obtaining a new bus for the City. Commissioner Holmes thanked Commissioner Jordan and Mr. Gardner for all the time spent trying to help the City to get a bus. Mayor Taylor asked the city clerk to work on getting a representative from District II to be present at the regular commission meetings since the City is a part of the district. 10. PUBLIC PRESENTATION: 11. CITIZENS' INPUT: Celia Pruitt, 2350 NW 141st Street, said that in the 47 years that her family has resided in the City, she is frustrated and disappointed by what is going on. None of the residents know what is going on with the garbage and no trash is being picked up. The canal is not being maintained. The residents never receive notice on anything and it is not fair because the residents are tax paying citizens. She went to pay her water bill today and it looked like a Trump protest. The situations need to be straightened out as quickly as possible. Mayor Taylor asked Ms. Pruitt is she received a call informing her of anything. Ms. Pruitt said, "No." City Manager Harrell said that a code red was sent out and she will get Ms. Pruitt's number so that she can receive the calls as well. Eric Redmon, Villa Francine, said that the City is paying almost two thousand dollars ($2,000.00) an hour for the manager and the attorney's legal fees and this has been going on for weeks. These are high priced attorneys that are friends of the city attorney that he brought in to milk the City; this is ridiculous. Why didn't this matter go before the oversight board for approval? He said that he does not understand and they have even pulled Commissioner Pigatt in to keep their third (31d) vote so that they can keep their jobs. Vice Mayor Kelley asked the manager and the attorney if they had a plan for the garbage and both of them said yes. Everyone knows that it is the city attorney that runs the City and not the city manager and the commissioners are his puppets; this is ridiculous. Regular Commission Meeting Minutes—2/08/2017 3 Commissioner Pigatt made a point of order and asked that respect is given for the dais when speaking during citizen's forum. Alvin Burke, 1240 Jann Avenue, said that he gave his full address when coming to speak and everyone should have to do this and not only provide a name. He commended the manager and the attorney for the job they did with the garbage. He received a robo call as to what to do with the garbage and for those that did not receive the call in his area; he instructed them on what to do. He said that more people should register for the robo call. If anyone on the dais is presented with a lawsuit, then the City should provide the attorney, everyone knows that. The people have to get behind the people that are working for the City. The business owners were outraged with the previous waste haulers, so to talk about going to arbitration is deplorable. He thanked the manager and the attorney for getting the garbage picked up and hoped that the business owners can have some remedy as well. Raul Fernandez, 13240 Port Said Road, said that it is great that the residents are getting garbage service, but when are the business owners going to receive service because his garbage is on the floor. He asked when he was going to receive service. Mayor Taylor asked the city manager to explain the agreement with the commercial waste haulers. City Manager Harrell said that the City now has two (2) waste haulers on the commercial side and they are Waste Management and Great Waste. The agreements are being reviewed and worked on right now by the city attorney. The hope is that the agreement will be provided back to the waste haulers by Friday of this week. A special meeting will be called so that the city commission can ratify those agreements. In ten (10) days the business owners will be able to choose who they want to pick up their garbage. Mr. Fernandez asked how long before the garbage is picked up. City Manager Harrell said that everything should be finalized within the next two (2) weeks. Brian Dennis, 3135 NW 133`d Street, said that he will not go into detail because his article already speaks for itself. He has CDL's and has been driving garbage trucks for a long time so he knows how it goes. He says that he knows what is going on and he reads and studies the Charter. If the City says that they have an agreement, but they do not, it makes everyone look like liars. He made reference to Commissioner Pinder running into a banyan tree and told Commissioner Pigatt to be careful as he may shoot himself in the head. Mayor Taylor asked Mr. Dennis not to speak in that manner. Commissioner Pigatt made a point of order and asked Mr. Dennis not to disrespect him by slandering his name. Mr. Dennis told Commissioner Pigatt that he is not disrespecting him; he is the one that is disrespecting the City by voting in the manner that he has been. Mayor Taylor asked Mr. Dennis to respect Commissioner Pigatt. Regular Commission Meeting Minutes—2/08/2017 4 Commissioner Pigatt asked Mr. Dennis not to speak to get reaction from the audience. He asked him to stick to the facts. Mr. Dennis said that the city manager is his aunt. He told her not to play the game and she played the game anyway and that is why Friday happened the way it did. When he writes his articles he does not take sides and gives people a chance to straighten things out and do the right thing. Former Commissioner Dorothy Johnson, asked the 305 Coalition to stand as she spoke. She said that the Charter states that the quarterly financial report is complete and she wants to know when it will be available for the public to review. Anything that the commission votes on must go before the state and be approved by the board. She hopes everything that is being approved tonight has been approved by the board. The thoroughfares in the City are deplorable and need to be maintained. She hopes that the cellphone towers do not make the residents sick as their health is important. The 305 Coalition will sponsor a community conversation and they will invite the commission, she encouraged them to attend. Juan Ramirez, 1800 Service Road, wants to see about the liens for Code Enforcement as he would like to purchase the property. Mayor Taylor informed Mr. Ramirez that the commission has not reached that portion of the meeting of yet. Tamara Dulcio, 13280 Port Said Road, said that she has monitored her meter and it is not being read and she has not said anything about it until now. The meter readers lift up the lid and then put it back down and that is it. The potholes are ruining the tires and rims on everyone vehicle and it is not getting any better. The plants and trees along the main areas of the City need updating and beatification so that it can attract new businesses. Pastor Bridgette Newbold, 14465 NW 22nd Avenue, said that she is trying to rent out a building for a church. The owner flew out to meet with her and agreed to let her rent the property, but when she went to building and license, she was told that that she had to pay fourteen hundred dollars ($1,400.00) and she wants to know why? She is also concerned about the water bill issue as she lives alone and her bill has gone form thirty dollars ($30.00) to over one hundred dollars ($100.00). Mayor Taylor asked Mr. Gay to meet with Pastor Newbold. Aubrey Allen, 1312 Kasim Street, said that he is here because his water bill is paid up to date and he received a bill today for one hundred and thirty seven dollars ($137.00). He works all the time and does not have time to come in so he is upset that the bill is the way it is. Mayor Taylor asked someone to assist Mr. Allen with his issue. Vice Mayor Kelley said that he has received calls about this and his mother's bill is the same way. City Manager Harrell said that it was advised in several meetings that there is difficulty in determining what the actual bills are. Individuals who are receiving consecutive water bills is because they had not received water bills for three (3) months. For almost ten (10) years, the meters were not being read properly and now it is being read and actual numbers are being taken. Regular Commission Meeting Minutes—2/08/2017 5 The City is working on an amnesty plan or an alternative so that the residents don't feel as if they have to pay such large amounts. The pink slips that were sent with the bills should not have been sent out. The January 2017 bill has been the most accurate and recommendations will be made to the commission including lowering the rates. The City has some of the highest rates in the state and while the reads are current they are higher than what the residents are used to. Vice Mayor Kelley said that if the pink slips were put in the bills by error, then a notice should have been sent out to the residents notifying them of this and let them know that nobody's water will be turned off. Commissioner Holmes said that if the rules for citizen's forum are going to change then everyone needs to know that anyone can speak during citizen's forum; if you do it for one then do it for all. Commissioner Pigatt agreed with Vice Mayor Kelley and said that he wants the process to be as transparent as possible moving forward. Antwanesha Lindsey, 490 Sesame Street, said that her personal water bill has been consistent for the last several months and that is impossible to use the same amount of water every month. City Manager Harrell said that the meters were not being read, but they are now. It is likely that the bill will become higher moving forward. Audrey Keary, 14222 NW 17th Avenue, said that she attended a meeting previously where the water bill issue was addressed and she took note of what was said about the billing. She heard that the residents would receive a credit as the bills were not accurate and she has not seen the credit as of yet. She is being forced to pay a bill for an amount that she does not even owe because she lives by herself. There is a growing amount that is on her bill every month and she does not want to be held responsible for it. City Manager Harrell told Ms. Keary that is a penalty placed on the amount that is owed. She asked her to keep paying what she has been paying and then when the bills are straightened out she will see the difference. Commissioner Riley asked if the penalty is being placed on the whole bill. City Manager Harrell said that the penalty is being placed on the amount that is due and will keep increasing because it is not being paid to a zero balance. Commissioner Riley said that there was a case a few years ago when Mr. Barrett sued the City because of the water billing and the attorney should see if this is a similar thing. He said that only what is owed should be penalized and not the entire bill. Sharon Wimberley, 740 Curtiss Drive, said that she will not go on about the water bill because it is too much. She said that the water in her area was cut off for repairs and no one notified the residents in the area beforehand. They were putting out the garbage and no one came to pick it up. A message was sent the following day so they did not know when to put their bins out. Notice should be given to the residents when things are being done in the City. 12. ACTION ITEMS: Regular Commission Meeting Minutes—2/08/2017 6 1 (13-2). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, RETROACTIVELY APPROVING A SETTLEMENT BETWEEN NORTH PARK HIGH SCHOOL FOR ACCELERATED LEARNING, INC. ("NORTH PARK") AND THE CITY OF OPA-LOCKA (EXHIBIT "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 Vice Mayor Kelley, seconded by Commissioner Riley for discussion. Vice Mayor Kelley asked how the City can make sure that something like this does not happen again. City Manager Harrell said that this was an issue with over estimating. That is what has been plaguing the City for the past several years. She would have to ask the attorney if the City could go after the previous administration and former Public Works Assistant Director Gregory Harris if they are liable in any way. Vice Mayor Kelley said that going forward he would like to have something in place that when it gets to a certain amount, that someone takes a look at it so that it does not happen again. He also asked the manager if this settlement is coming out of the water and sewer account. Commissioner Holmes asked if this was the same building at the former city hall. City Manager Harrell said, "Yes." Commissioner Holmes said that everyone knows what was going on over at that building and he is not supporting the resolution. Mayor Taylor said that she remembers this because the school brought pictures to show that the meter was being misread. She asked if anything happened between then and now, was a credit offered. City Manager Harrell said that a credit was offered before because the same issue happened previously. They do not want a credit anymore because they are owed too much money and it would take years for the credit to be realized. They had a forensic audit performed on their account and it was determined that they were overcharged and are due a settlement. Mayor Taylor asked if the payment was being broken up. City Manager Harrell said the payment was being broken up to reflect the credit and a lump sum. Commissioner Pigatt said that Commissioner Homes mentioned that everyone knows what is going on with this situation and he would like to know what is going on. He has read the audit reports and seen that they were being over charged, but if there is something else, he would like to know before making a decision. Commissioner Holmes said that the City should not have to pay any more money to the school. Regular Commission Meeting Minutes—2/08/2017 7 Commissioner Pigatt asked the manager if the former city hall and the building had two (2) separate water bills. City Manager Harrell said, "Yes." Commissioner Pigatt asked if the bills reflected only the water usage for the school. City Manager Harrell said to her knowledge it only reflects the water bills for the school. Commissioner Pigatt said that the majority of the agenda reflects lawsuits and settlements and that is because the City has not been doing the right thing and it has to stop. Vice Mayor Kelley said that the attorney did not answer his question. He wants to know if it is possible to recoup any monies from this even though the previous administration is no longer here. City Attorney Brown said that the previous city manager was responsible for the day to day operations, but is not directly responsible for the actions of individual staff. He has not seen in twenty four (24) years where a City has gone after the city manager for damages as a result of their actions. Vice Mayor Kelley said that something needs to be put in place to prevent this from happening again. City Attorney Brown said that he will research the issue and find a resolution. Commissioner Riley said that there was a time when the City prohibited the estimating of water bills and he does not know when that has changed. He agreed that something needs to be put in place to avoid this from happening in the future. Commissioner Pigatt said that everyone needs to hold themselves accountable including the residents. When the bills were coming too low no one said anything. The commission has known about this and has not done anything about it. It is time to start doing the right thing. Mayor Taylor asked the manager if the meter for the school is being accurately read now. City Manager Harrell said that the City is doing the best it can with the equipment that it has. There being no further discussion, the motion on the resolution passed by a 4-1 vote. Commissioner Riley Yes Commissioner Holmes No Vice Mayor Kelley Yes Commissioner Pigatt Yes Mayor Taylor Yes 2 (13-3). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, APPROVING A CODE ENFORCMENT SETTLEMENT WITH Regular Commission Meeting Minutes—2/08/2017 8 WONOSOBO, LLC (EXHIBIT "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 Vice Mayor Kelley, seconded by Commissioner Riley for discussion. Vice Mayor Kelley said that he is challenged with the fact that the City is willing to accept half of the amount that is owed when Code Enforcement has documented information that the monies are owed to the City. Why is the City settling for half of the amount? City Manager Harrell said that the liens and/or fines were placed on a property that had been vacant for a long time. If the commission wishes to collect more than 50%, then they can provide her with a number that she can negotiate with the company. Vice Mayor Kelley said that if the property is in bad shape, then someone has to do something about it. People are coming into the City, buying property, and then renting it out to collect income, they do not maintain them. If the money is owed to the City, then the majority should be collected; at least 75%. Commissioner Holmes asked the manager if it is in the best interest of the City to settle the item. City Manager Harrell said that she is recommending that it is settled for the amount in question, but if the commission wants something else then that is fine. It is in the best interest of the City. Commissioner Pigatt said that before being in office, he had been removed from several meetings because he had challenged the commission. He received several citations for code violations that were later dismissed. All citations cannot be negotiated and citations should be enforced. The property is an eye sore and needs to be taken care of. Commissioner Riley said that the Cuyahoga property across the street has been a dumping ground for years. There are currently over fifty (50) tires piled up there. There being no further discussion, the motion on the resolution passed by a 4-1 vote. Commissioner Holmes Yes Vice Mayor Kelley No Commissioner Pigatt Yes Commissioner Riley Yes Mayor Taylor Yes 3 (13-4). 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 JAMES CUNNINGHAM OF BERGER SINGERMAN FOR OUTSIDE LEGAL SERVICES IN CONNECTION WITH THE LAWSUIT IN UNIVERSAL WASTE SERVICES OF FLORIDA VS. GREAT WASTE AND RECYCLING ET AL., E-FILE #5158296; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Attorney Regular Commission Meeting Minutes—2/08/2017 9 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 when he was first elected into office, he was concerned about the contract with UWS. The contract was not approved by the oversight board and he wanted to understand what options there were in terms of who else submitted proposals. Vice Mayor Kelley said that he does not like open ended resolutions that have no threshold. He understands the need for counsel, but wants a cap placed on these types of litigations. City Attorney Brown said that the commission will receive a monthly bill for review and approval. Vice Mayor Kelley said that will mean that the commission will receive it after the fact when the work is already done. City Attorney Brown said that the City has to be defended and this is done by litigation. He said that it is hard to determine what the amounts will be if no work has been done first. Vice Mayor Kelley said that he is concerned about this. Commissioner Pigatt asked that the attorney create a resolution that reflects the proper accounting and some kind of threshold and he will support it. Vice Mayor Kelley said that is what he wanted, he just did not want to tie the attorney's hands. He will work with the attorney to draft a resolution. Commissioner Holmes asked the attorney what he recommends. City Attorney Brown recommended that the commission approves this item. Commissioner Holmes said that he supports the resolution the way it is now. Mayor Taylor said that she is for mediation to save money because this falls back on the tax payers. She asked if it can be mediated to get the manager out of it. City Attorney Brown said that he is prohibited by the Florida Bar from defending this case. Mayor Taylor asked if Berger Singerman can do it. City Attorney Brown said that this resolution is in the best interest of the City at this time. There being no further discussion, the motion on the resolution passed by a 5-0 vote. Vice Mayor Kelley Yes Commissioner Pigatt Yes Commissioner Riley Yes Commissioner Holmes Yes Mayor Taylor Yes Regular Commission Meeting Minutes—2/08/2017 10 4 (13-5). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, APPROVING A SETTLEMENT BETWEEN CENTRAL FLORIDA EQUIPMENT RENTAL, INC., AND THE CITY OF OPA-LOCKA (EXHIBIT "A"); 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 Vice Mayor Kelley, seconded by Commissioner Riley for discussion. Vice Mayor Kelley asked about the guarantee of payment. He does not want to get caught up in breach of payment because it was not approved by the oversight board. City Attorney Brown said that he will go and explain to them the process with the board and see if they will grant an extension so that the board can approve. Vice Mayor Kelley said that he does not want any issues with the settlement. There being no further discussion, the motion on the resolution passed by a 5-0 vote. Commissioner Holmes Yes Vice Mayor Kelley Yes Commissioner Pigatt Yes Commissioner Riley Yes Mayor Taylor Yes 5 (13-6). 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 GUILLERMO MCCAUSLAND VS. CITY OF OPA- LOCKA, FLORIDA, CASE #16-022144 SP (23) (EXHIBIT "A"); 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 Vice Mayor Kelley, seconded by Commissioner Riley for discussion. Vice Mayor Kelley asked if the league covers this or will the City have to pay. City Attorney Brown said that the City will have to pay, but it will not cost that much to defend. Commissioner Pigatt asked the attorney what will happen if they vote no on these resolutions. City Attorney Brown said that they will get a default judgement that will then be turned in to a final judgement and the City will be on the hook for the damages; it will set a negative precedence. There being no further discussion, the motion on the resolution passed by a 5-0 vote. Regular Commission Meeting Minutes—2/08/2017 11 Commissioner Riley Yes Commissioner Holmes Yes Vice Mayor Kelley Yes Commissioner Pigatt Yes Mayor Taylor Yes 6 (13-7). 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 GREGORY HARRIS VS. ROBERT N. SCOLA, ET AL., CASE #16-02771 CA (01) (EXHIBIT "A"); 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 Vice Mayor Kelley, seconded by Commissioner Riley for discussion. Mayor Taylor said that she does not understand why the City is involved in this lawsuit. City Attorney Brown explained that the lawsuit names Opa-locka Police Officer's and a possible violation of rights during an arrest. There being no further discussion, the motion on the resolution passed by a 5-0 vote. Commissioner Riley Yes Commissioner Holmes Yes Vice Mayor Kelley Yes Commissioner Pigatt Yes Mayor Taylor Yes 7 (13-9). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER AND THE CITY ATTORNEY TO ACCEPT THE SETTLEMENT AS SET FORTH IN EXHIBIT `B" WITH ED BROWN IN RESPONSE TO THE DEMAND MADE PURSUANT TO RESOLUTION 15-9050 AND HIS DEMAND LETTER OF OCTOBER 25, 2016 (EXHIBIT "A" COMPOSITE), AND TO EXECUTE ALL DOCUMENTS NECESSARY AND APPROPRIATE TO EFFECTUATE THE SAID SETTLEMENT; 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 Holmes, seconded by Vice Mayor Kelley for discussion. Commissioner Holmes asked the attorney if Mr. Brown agreed to accept a settlement. City Attorney Brown said, "Yes." Regular Commission Meeting Minutes—2/08/2017 12 Commissioner Pigatt said that Mr. Brown received a salary increase when he served as interim city manager. He asked if some kind of bonus or lump sum was paid out. City Manager Harrell said, "No." A salary increase was added to the existing amount based on the time served. Commissioner Pigatt said he is trying to understand why the City is giving Mr. Brown extra money. Vice Mayor Kelley explained how Mr. Brown became interim city manager. Commissioner Pigatt said that he was in attendance at the meeting where the city attorney said that no money is owed to Mr. Brown and if a case went to court, he would defend it for free. City Attorney Brown acknowledged this. Commissioner Pigatt said that if Mr. Brown has already been paid, and the attorney said he is not owed anything, and the letter has no bearing, why the commission is trying to give him money. Vice Mayor Kelley said that he is just now hearing that Mr. Brown is not owed any money. He asked for clarity. City Attorney Brown said that his position has not changed from the night in question and if it goes to court, he is prepared to defend it for free. City Manager Harrell said that the original conversation was between the attorney and the commission and she does not recall being asked for her opinion. She did present information to the commission that Mr. Brown had been paid for his time as interim. Commissioner Pigatt asked the city manager and attorney if the City owes Ed Brown any money and both answered, "No." Commissioner Riley said he felt the same way when it was first presented to him. He said that if the attorney and the manager said that nothing is owed, then that is all there is to it. Vice Mayor Kelley said that he hears the manager and the attorney clearly stating that the City does not owe Ed Brown any money. City Attorney Brown said that his stance is the same as before and Ed Brown was paid for any time he served as interim. Mayor Taylor suggested that Commissioner Riley defer the item so that Ed Brown can come before the Commission and discuss the demand letter. Vice Mayor Kelley said that the sponsor can speak with Mr. Brown, but he does not think it is a good idea to have him come before all five (5) commissioners in this type of forum. Mayor Taylor asked the clerk's office to get in contact with Mr. Brown and invite him to come to the next commission meeting. Regular Commission Meeting Minutes—2/08/2017 13 City Clerk Flores acknowledged the mayor. The item was deferred. 13. CONSENT AGENDA: 1 (13-1). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO PAY BECKER AND POLIAKOFF AS SET FORTH IN EXHIBIT "A"; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager 2 (13-8). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, SUPPORTING THE SCHOOL BOARD OF MIAMI-DADE COUNTIES REQUEST TO ESTABLISH ZONING REGULATIONS IN CITIES AND MUNICIPALITIES THAT PROHIBIT MARIJUANA DISPENSARIES IN CLOSE PROXIMITY TO SCHOOLS; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by Mayor Taylor The above resolutions were read by Attorney Brown. It was moved by Commissioner Riley, seconded by Vice Mayor Kelley to pass the resolutions. The motion on the resolutions passed by a 5-0 vote. Commissioner Pigatt Yes Commissioner Riley Yes Commissioner Holmes Yes Vice Mayor Kelley Yes Mayor Taylor Yes 14. NEW ITEMS: 14-1: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, RATIFYING THE MEMORANDUM OF UNDERSTANDING EXECUTED BY MIAMI-DADE COUNTY AND THE CITY OF OPA-LOCKA, FLORIDA FOR RESIDENTIAL SOLID WASTE COLLECTION AND DISPOSAL SERVICES; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Attorney The above resolution 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. It was moved by Vice Mayor Kelley, seconded by Commissioner Pigatt to pass the resolution. Vice Mayor Kelley said that he knows that the City cannot have a transfer station, but does it allow any language about the trash days that he asked about previously. Regular Commission Meeting Minutes—2/08/2017 14 City Manager Harrell said, "No." The commission would sponsor it and the City would handle it. Vice Mayor Kelley asked if the pickup days have been established yet. City Manager Harrell said that all residents who live north of 135th Street have pickup days of Monday and Thursday. All residents south of 135th Street have pickup days of Tuesday and Friday. Vice Mayor Kelley asked if the residents have this information. City Manager Harrell said that the information just came out today. Mayor Taylor asked if an announcement was made. Vice Mayor Kelley asked that the residents receive this information as soon as possible. City Manager Harrell acknowledged the vice mayor. Commissioner Pigatt thanked the manager for the smooth process with getting the waste haulers in place for the residents. He then thanked everyone that was involved in the process. Commissioner Riley asked how this would impact the reserves, the five (5) year plan and the budget. City Manager Harrell told the commission that she will give them a report in detail at a later time. Mayor Taylor asked the manager if there were any funds coming to the city from the previous waste haulers. City Manager Harrell said, "Yes." Mayor Taylor asked if there were any funds coming from the county currently. City Manager Harrell said, "No." She said that the City was using those funds for general funding purposes and that should not have been done. Mayor Taylor asked the manager where the funds were supposed to go. City Manager Harrell said that the funds should have gone to the enterprise fund. The county is going to charge the residents a fee less than what they are currently paying and that will result in a savings. There being no further discussion, the motion on the resolution passed by a 5-0 vote. Commissioner Pigatt Yes Commissioner Riley Yes Commissioner Holmes Yes Vice Mayor Kelley Yes Mayor Taylor Yes Regular Commission Meeting Minutes—2/08/2017 15 14-2: 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 The above resolution 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. It was moved by Vice Mayor Kelley, seconded by Commissioner Pigatt to pass the resolution. There being no discussion, the motion on the resolution passed by a 5-0 vote. Commissioner Riley Yes Commissioner Holmes Yes Vice Mayor Kelley Yes Commissioner Pigatt Yes Mayor Taylor Yes 15. PLANNING & ZONING: A. HEARINGS: B. APPEALS: 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 thanked Commissioner Barbara Jordan for assisting the City as quickly as possible with the residential hauling. An after-hours support number has been established to deal with issues that the community may have beyond normal business hours. The City staff has been picking up the garbage for the business owners and the City is still working on the commercial waste haulers contract. The budget submission for the state has been extended to March 2, 2017. Because there has to be a first and second reading, she is recommending a special meeting by the 16th to allow for an adequate amount of days for staff to do what they need to do. The commission has requested a workshop and she will ask the city clerk to poll the commission to see when they can be available to meet. She thanked all of the residents who received the code red and complied with what was asked of them in terms of the garbage collection. She has provided the manager's report to each of them and is ready to address any issues or concerns they may have. Regular Commission Meeting Minutes—2/08/2017 16 Commissioner Riley asked about the churches and non-profits that are being charged application fees. He said that they are exempt from these fees. Mayor Taylor asked the manager if there is money in the reserves. City Manager Harrell said, "Yes." Vice Mayor Kelley said that a lot of times what is discussed here does not get back to the utility billing office and if the residents go down and inquire, the staff does not know what they are talking about. He hopes that the information is being relayed to staff. Commissioner Pigatt asked the manager why he is not receiving the code red calls. City Manager Harrell said that she does not know why, but after today, both he and Commissioner Pigatt will start to receive the calls. 18. OFFICIAL BOARD REPORTS: No reports at this time. 19. MAYOR/COMMISSION REPORT: Vice Mayor Kelley said that feeding South Florida is held on the 3rd Friday at Segal Park. He asked the manager what was going on with the Helen Miller Center. He knows that an RFP was put out for mold remediation, but does not know if it closed yet. City Manager Harrell said that it is closed and they are in the process of reviewing the submittals. Vice Mayor Kelley invited everyone to the Community Cleanup at the memorial garden on February 25, 2017 from 9:30 — 11:00 a.m. There will be a small business workshop in conjunction with the Miami-Dade Chamber of Commerce on February 27, 2017 from 8:30 — 11:30 a.m. and everyone is welcome to attend. He is working with non-profits and residents to do a community cleanup, especially around where the transfer station is. Mayor Taylor said that Bingo will be held on Friday, February 17, 2017 at 6:00 p.m. in the Sherbondy Village Auditorium and everyone is invited to attend. 20. OFFICIAL BOARD APPOINTMENTS: Mayor Taylor asked if there were any board appointments. Vice Mayor Kelley said that he was waiting on an answer on whether or not he can appoint his mom. City Attorney Brown said that he recalls Commissioner Riley saying that he would appoint the vice mayor's mother so that he would not have to deal with a conflict issue. Vice Mayor Kelley said that Commissioner Riley said that he would do it if the vice mayor could not. He thought the attorney was going to check and see if it was allowed. Regular Commission Meeting Minutes—2/08/2017 17 Commissioner Riley said that he will make the appointment. 21. ADJOURNMENT: There being no further business to come before the Commission, it was moved by Commissioner Pigatt, seconded by Commissioner Holmes to adjourn the meetin; at 9:58 p.m. MAYOR ATTEST: "")k(AP'-'; CITY CLERK Regular Commission Meeting Minutes—2/08/2017 18