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HomeMy Public PortalAbout02-February 22, 2017 Special Commission Meeting CITY OF OPA-LOCKA "The Great City" CLERK'S ACTION SUMMARY MINUTES REGULAR COMMISSION MEETING WEDNESDAY, February 22, 2017 7:00 P.M. Sherbondy Village Auditorium 215 Perviz Avenue Opa-locka,FL 33054 1. CALL TO ORDER: Vice Mayor Joseph L. Kelley called the meeting to order at 7:00 p.m. on Wednesday, February 22, 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: 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. Mayor Myra L. Taylor was not in attendance. 3. INVOCATION: The invocation was delivered by Vice Mayor Joseph L. Kelley. 4. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was recited in unison. 5. AWARDS/PROCLAMATIONS/ACKNOWLEDGEMENTS: The mayor & city commission presented an award to Parks & Recreation Department Seniors Coordinator Patsy Williams in honor of Women's history month for being the first female sanitation driver in the City of Opa-locka. 6. APPROVAL OF CONSENT AGENDA AND PULL LIST (deferrals and deletions): The following items were pulled from the Consent Agenda to be discussed separately under Action Items: pulled 13-4 (Commissioner Pigatt). 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 4-0 vote. Regular Commission Meeting Minutes—2/22/2017 1 Vice Mayor Kelley Yes Commissioner Pigatt Yes Commissioner Riley Yes Commissioner Holmes Yes Mayor Taylor Not Present 8. APPROVAL OF MINUTES: Regular Commission Meeting—January 11, 2017 It was moved by Commissioner Riley, seconded by Commissioner Pigatt to approve the minutes of the Regular Commission Meeting on January 11, 2017. There being no discussion, the motion passed by a 4-0 vote. Commissioner Pigatt Yes Commissioner Riley Yes Commissioner Holmes Yes Vice Mayor Kelley Yes Mayor Taylor Not Present 9. DISTRICT ONE/DISTRICT TWO - COUNTY COMMISSIONER REPORT Larry Gardener, Commissioner Barbara Jordan's Office, District I, said that he does not have any reports at this time,but will take any concerns the commission may have back to Commissioner Jordan. Commissioner Riley thanked Mr. Gardner for his assistance. Commissioner Holmes said that he received the message that Mr. Gardner sent and appreciates him trying to help the City to get a bus. 10. PUBLIC PRESENTATION: 11. CITIZENS' INPUT: Alvin Burke, 1240 Jann Avenue, said that he has a concern. He thought that the last time there was a special meeting it was declared that UWS contract had expired, but he is still seeing UWS in the City rendering commercial service. He was under the impression that they were out of the City. Business owners have said that UWS is still demanding payment from them. He wants the commission to know that UWS is still conducting business in the City. Natasha Ervin, 670 Dunad Avenue, said that she had the privilege of walking the streets of Opa- locka and meeting some of the residents. She encouraged the commission to go out and do the same. She said that she had some special requests, but she will wait until the mayor returns to the dais. Dorothy Johnson, 13724 NW 22nd Place, asked the commission if the public information campaign is a false budget item, and if so, she would like to know what line item it is coming from. She needs clarification because she thinks that it is unfair to take staff from Parks & Regular Commission Meeting Minutes—2/22/2017 2 Recreation and put them over in the seniors program. She is concerned. She asked for the manager to give her a call and no one has called her back; she thinks that this is rude. She will start asking for public records requests since she cannot receive any answers directly. 12. ACTION ITEMS: 1 (13-4). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, DIRECTING THE CITY MANAGER TO DEVELOP A PUBLIC INFORMATION CAMPAIGN REGARDING THE CITY'S WATER AND SEWER BILLING ISSUES; 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 Pigatt, seconded by Commissioner Riley for discussion. Commissioner Pigatt said that he would like to give an opportunity for the city manager to speak to the residents about the water issue. There have been quite a few citizens who have come to the water office with concerns about their bills and he wants the manager to provide them with information. City Manager Harrell said that she is waiting for the Avanti report from the audit that is currently being done to determine how many meters need replacing and the number of meters that need repairing. In order to keep the citizens informed of what is happening; several things have been on going to handle the water issues. The code red system is a telephonic system that leaves a message; the Facebook page also contains information that can be passed on to residents; and the gateway broadcasts the same information. There is also information available on the City's website. Through those avenues, the information is available at no expense to the residents. Commissioner Riley asked what can be done differently outside of what the manager is already doing according to the resolution. Commissioner Pigatt said that he wants to make sure that this is the will of the commission to inform the residents of what the City is doing to tackle the water issues. Commissioner Riley asked if anything has been developed. Commissioner Pigatt said that the manager is in the process of developing a system for this. Vice Mayor Kelley asked if there was a cost for putting the information in the water bills. City Manager Harrell said that there is no cost if you add the message on to the bill. If there has to be inserts, then that would incur a cost and the City is trying to avoid that. Vice Mayor Kelley said that he is concerned because residents are being misinformed or are receiving the pink slip in their bills. He insists that there be a town hall meeting to speak to the residents about their concerns. Regular Commission Meeting Minutes—2/22/2017 3 Commissioner Riley said that the customers also complain about the customer service that is being provided so the commission needs to look into that as well. There being no further discussion, the motion on the resolution passed by a 4-0 vote. Commissioner Holmes Yes Vice Mayor Kelley Yes Commissioner Pigatt Yes Commissioner Riley Yes Mayor Taylor Not Present 13. CONSENT AGENDA: 1 (13-1). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, RENEWING AND ADOPTING A RESOLUTION PURSUANT TO ARTICLE IV SECTION 4.5(B) OF THE CITY CHARTER; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager 2 (13-2). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, APPROVING A SETTLEMENT BETWEEN LEJEUNE DOUGLAS COMMERCE I, LLC AND THE CITY OF OPA-LOCKA (EXHIBIT "A"); PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager 3 (13-3). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, DIRECTING THE CITY ATTORNEY TO PROVIDE A BILLING REPORT TO THE CITY COMMISSION ON ALL OUTSIDEL ITIGATION WHEN THE COST OF THE SAID LITIGATION EXCEEDS $10,000.00; 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 Riley, seconded by Commissioner Pigatt to pass the consent agenda resolutions. The motion passed by a 4-0 vote. Commissioner Riley Yes Commissioner Holmes Yes Vice Mayor Kelley Yes Commissioner Pigatt Yes Mayor Taylor Not Present 15. PLANNING & ZONING: A. HEARINGS: Regular Commission Meeting Minutes—2/22/2017 4 1. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO CONSIDER THE REQUEST OF REPUBLIC METALS CORPORATION FOR SITE PLAN APPROVAL TO CONSTRUCT AND INSTALL THE IN PROCESS TANKS REQUIRED TO OPERATE THE ANNEALING FURNACE AT 12800 NW 38TH AVENUE, ON A 104,544 SQUARE FOOT SITE OR 2.4 ACRES MORE OR LESS BY CALCULATIONS WHICH ARE IDENTIFIED BY TAX FOLIO 08-2129- 010-0070; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager The above resolution was read by Attorney Brown. Vice Mayor Kelley opened the floor for a public hearing. Dorothy Johnson, 13724 NW 22x1 Place, said that she did get the package and reviewed it and she is in favor of the plan being approved. There being no further persons to speak, the floor for the public hearing was closed. It was moved by Commissioner Holmes, seconded by Commissioner Riley for discussion. Commissioner Pigatt asked what kind of job training programs or initiatives are going to benefit the residents in Opa-locka; he asked to hear this from a company representative. Jason Ruben, President of Republic Metals Corporation, said that the company has been in the City since 1990. The company started in a small warehouse and now occupies 4 or 5 buildings in the City providing tax revenue. They have participated in/or sponsored numerous activities in the City throughout the years included sending one of Opa-locka's youth to college and paying the full tuition. The new operation will provide employment to any qualified Opa-locka resident. There is no training needed or necessary, but there will be background checks on all employees. Commissioner Pigatt thanked RMC for investing in Opa-locka and said that he will not support any business that wants to expand unless they are willing to invest in the City's residents. Vice Mayor Kelley said that he supports the item, but he would have liked to see the answers from the questions that were asked during the meeting with Community Development. He told the city manager that if the item passes, he wants something put in place in the future to include the hiring of residents when the opportunity is presented for companies to expand. There being no further discussion, the motion on the resolution passed by a 4-0 vote. Commissioner Pigatt Yes Commissioner Riley Yes Commissioner Holmes Yes Vice Mayor Kelley Yes Mayor Taylor Not Present B. APPEALS: 16. ORDINANCES/RESOLUTIONS/PUBLIC HEARING: Regular Commission Meeting Minutes—2/22/2017 5 A. FIRST READING ORDINANCE(S): B. SECOND READING ORDINANCE(S)/PUBLIC HEARING: C. RESOLUTIONS: 17. CITY MANAGER'S REPORT: City Manager Harrell thanked all of the individuals on staff who has been working to furnish the information to the state in regards to the budget. On either February 28th or March 1st the budget will be met and submitted to the governor's office. The city met with the waste haulers for the commercial accounts on today and will finalize the terms of the agreement. The first meeting will be in March and the attorney can provide more information. City Attorney Brown said that if the agreement comes back based on today's meeting; there will be a special meeting called on Monday as long as the information agreed upon comes back on time. By the second commission meeting in March, everything should be finalized. City Manager Harrell said that there was a termination of the contract with UWS and they should not be performing any services in the City. She will leave it to the attorney to account for how the City will be responding to UWS moving forward. She acknowledged that the agreement that UWS was operating under in the City has expired and none of the business owners should be honoring anything with the company. She encouraged the citizens to contact the manager's office and inform them of questions or concerns that they may have. She said that her office is available to both residents and business owners, but she asks that everyone go through her assistant as she is very busy. Commissioner Riley said that the illegal dumping has accelerated in the City. The tires have been the main problem on Sesame and Superior Street and as long as it remains there, the people will continue dumping there. Cuyahoga Property once had four (4) tires thrown over the fence at the beginning of the year; there are now over fifty (50). Something has to be done about this especially with the transfer station being closed. Commissioner Holmes asked the city manager if a company is finished working in the City, are their occupational license revoked. City Manager Harrell said that the City does not revoke the license of anyone that no longer does business there, but once ties are severed, the City can pursue legal action if a company is not in compliance with the terms of their contract or agreement. Commissioner Holmes said that there are people on the dais who want UWS to continue working in the City, but he wants it stopped. He does not want to hear at the next meeting that UWS is still trying to operate in the City. City Manager Harrell acknowledged Commissioner Holmes. Commissioner Holmes also reiterated this to City Attorney Brown and he also acknowledged the commissioner. Regular Commission Meeting Minutes—2/22/2017 6 Vice Mayor Kelley agreed with Commissioner Riley that the tires and other debris is becoming a problem in and around the city. He asked the manager if there is a process being utilized to handle citations for these kinds of situations. City Manager Harrell said that the plan is for surveillance cameras to be installed at the areas where it is happening more frequently in an attempt to catch the individuals responsible for the dumping. Residential areas will be cited by the county. She also said that citations will be given to private lot owners once an ordinance has been presented to the commission for approval. Vice Mayor Kelley said that he will wait and see what happens with that. He mentioned there being no bus shelters on 22"d Avenue and asked what the status is on them. He said that there is potential revenue for the City by advertising on the shelters. He also asked if peddlers are issued a regular occupational license or a peddler's license for selling things at certain times of the year. City Manager Harrell said that she does not have an answer regarding the shelters at this time, but she will find out and get back to him. People who sell things temporarily on the side of the road are issued peddler's license. She asked Mr. Abia to clarify the vice mayor's question. Esin Daniel Abia, Building Official, said that peddler's licenses are issued to these kinds of sellers. Vice Mayor Kelley said that businesses that went through the process of getting their occupational license may feel slighted because the peddlers didn't have to go through the full process and are still able to render services and receive compensation. Commissioner Holmes asked about the occupational license that was needed to do the construction at Opa-locka Airport. Esin Daniel Abia, Building Official, said that the deputy mayor of Miami-Dade County sent a letter to the City stating that they have jurisdiction over the entire airport; they have full authority and do not have to obtain any kind of license from the City. Commissioner Holmes asked if the county knew that they had to come and apply for a license to do construction on Opa-locka's side of the airport. Esin Daniel Abia, Building Official, said that there is no such thing as Opa-locka's side of the airport. The county owns the airport and do not need anything from the City to build on the property. He researched the statute that was quoted from the deputy mayor and determined that Opa-locka does not have any authority over the property. Commissioner Holmes asked if Opa-locka owned any part of the airport. Esin Daniel Abia, Building Official, said, "No." There have been several cases where the City challenged the county on similar situations and the county prevailed. Commissioner Holmes said he wants to make sure that if they are doing business, they understand that they have to apply for a license. Regular Commission Meeting Minutes—2/22/2017 7 Esin Daniel Abia, Building Official, said that they do not have to. He has taken the situation all the way to the court of appeals and was told that the county does not have to apply for an occupational license with Opa-locka. Commissioner Riley said that there is a decorum ordinance on how the city commission should conduct themselves when sitting on the dais. He wants proof provided that if someone on the dais is accusing another commissioner of wrongdoing that they provide facts to support their statements. Commissioner Holmes said that Commissioner Riley is going to hang his own self. Commissioner Riley said there it goes again. He said that he does not need to hang his own self because he knows what he is doing, he reads. He accused Commissioner Holmes of violating the decorum ordinance. Vice Mayor Kelley asked the attorney for clarity on the issue at hand. He said that this is not the first time that this has come up and he wants to know the appropriate steps to take for handling this. City Attorney Brown said that Section 2-58 states that none of the city commission shall not accuse another commissioner of wrongdoing or make personal attacks on another individually or without support of the city commission. However, it makes no provision for what happens in the event that it occurs. Commissioner Riley said that under general provision 1-7 there is a violation for code of ordinances. Vice Mayor Kelley asked the attorney to provide a written legal opinion to the entire commission and ensure that the mayor receives a copy since she chairs most of the meetings. Commissioner Holmes said all of that is unnecessary, he was told that there were some things mentioned about obtaining licenses to conduct business at Opa-locka Airport. If he has overstepped his boundaries then he will do it time and again if something needs to be discussed. No one will put a muzzle over his mouth and stop him from discussing anything. He is the oldest on the dais and the others should learn from him. Vice Mayor Kelley said that everyone has seen correspondence from United States Association of CDC regarding safety hazards at the property and he wants to know if the issue has been addressed. City Attorney Brown said that it has been addressed and they are dealing with it. Vice Mayor Kelley asked the dais to make their individual appointments for the City boards. 18. OFFICIAL BOARD REPORTS: No reports at this time. 19. MAYOR/COMMISSION REPORT: Regular Commission Meeting Minutes—2/22/2017 8 Commissioner Pigatt said that the commission spoke on two (2) items and it took an hour and five minutes; he said that the commission has to do better. The majority of these things could have been discussed with the manager and the attorney beforehand without dragging out the meeting. Vice Mayor Kelley said that the Ingram Park Clean Up project will be taking place this Saturday from 9:30 — 11:30 a.m. and the small business assistance forum will be held on Monday on the 2"d floor of 780 Fisherman Street. 20. OFFICIAL BOARD APPOINTMENTS: 21. ADJOURNMENT: There being no further business to come before the Commission, it was moved by Commissioner Riley, seconded by Commissioner Pigatt to adjourn the meeting at 8:08 p.m. *Vh /!AYOR " ATTEST: CITY CLERK Regular Commission Meeting Minutes—2/22/2017 9