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HomeMy Public PortalAbout03- March 02, 2017 Regular Commission Meeting CITY OF OPA-LOCKA "The Great City" CLERK'S ACTION SUMMARY MINUTES REGULAR COMMISSION MEETING WEDNESDAY, March 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, March 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 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 13-4 (Vice Mayor Kelley); pulled 13-3 (Commissioner Pigatt); pulled 13-1 (Commissioner Riley). 7. APPROVAL OF AGENDA: It was moved by Commissioner Riley, seconded by Vice Mayor Kelley to approve the agenda, consent agenda and pull list. There being no discussion, the motion passed by a 5-0 vote. Commissioner Pigatt Yes Commissioner Riley Yes Commissioner Holmes Yes Regular Commission Meeting Minutes—3/08/2017 1 Vice Mayor Kelley Yes Mayor Taylor Yes 8. APPROVAL OF MINUTES: Regular Commission Meeting—01/25/2017 It was moved by Vice Mayor Holmes, seconded by Commissioner Riley to approve the minutes of the Regular Commission Meeting on January 25, 2017. 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 Gardener, Commissioner Barbara Jordan's Office, District I, announced that Tivia Roland will explain the summer internship program that Commissioner Jordan has going on. Tivia Roland, Commissioner Barbara Jordan's Office, District I, said that the summer youth internship program is going on for students ages 16-23. Applications are due on April 21, 2017. Vice Mayor Kelley asked that an internship be available in the City if it is available. 10. PUBLIC PRESENTATION: 11. CITIZENS' INPUT: Douglas Jeffrey, 6625 Miami Lakes Drive East, said that the emergency legislation is not proper and violates local and state law. The city manager and the city attorney are arbitrarily awarding multiple year contracts without going through the bidding process. The city manager is not doing the right thing with respect to piggybacking and she is wrong. Mayor Taylor asked Mr. Douglas not to vilify the manager and the attorney during his comments and to stay on the subject of the waste haulers. Hector Castellanos, Lejeune Commercial Center, wants to know if the City will help him with receiving his money back from UWS since they did not pick up his garbage. He also mentioned that Mr. Spiezio is suing him and the video shows that he did not say anything out of the way about him. That speaks to his character as a person and to what is going on with the City. City Attorney Brown said that is a matter that he will have to handle on his own. Mr. Castellanos said that he did not receive any services and needs his money back from UWS. Regular Commission Meeting Minutes—3/08/2017 2 City Attorney Brown said that is a matter that he will have to handle on his own. Brian Dennis, 3135 NW 135th Street, said that the city manager should be fired because she was given instruction from the commission regarding the waste haulers and did not follow through. Commissioner Pigatt is also to blame for what is going on concerning the waste haulers and his vote shows it. It is incompetent. Commissioner Pigatt called a point of order and said that Mr. Dennis is slandering people on the dais and it is disrespectful. If facts need to be presented, they should be presented. But what he is doing right now is disrespectful and based on unfounded rumors, and he would like for Mr. Dennis to stop speaking. Mayor Taylor ruled on the point of order. She informed Mr. Dennis that he cannot vilify anyone on the dais. Commissioner Pigatt asked that Mr. Dennis be declared out of order based on Section 2-58 and be barred from speaking. Commissioner Pigatt said that he has no problem with anyone speaking their mind. He was in Mr. Dennis place, and was escorted out by police and stopped from speaking. But Mr. Dennis is coming directly at the dais and saying things that are completely inaccurate, it is wrong. Mr. Dennis told Commissioner Pigatt that his vote is showing and he has him at the next meeting. Dorothy Johnson, 13724 NW 22nd Place, said that she is concerned that the staff in the water department needs customer service training. She knows that there is not money in the budget, but the staff needs training. State Road 9 needs to be cleaned up, it looks deplorable. She said that she may change her mind and file a lawsuit because the decorum goes for both sides. When the commission does not want to hear something, they shut people down; people are not allowed to speak. It needs to be fair. George Suarez, 1341 Dunad Avenue, said that the meetings are being handled in a disrespectful manner. He has lived here for two (2) years and has seen embarrassing things. The man before him is upset because of what is going on, no one is being respected. The commission needs to start representing the people. As a voter, he will judge the commission based on what they have done for the City. Natasha Ervin, 670 Dunad Avenue, said that the employees have not had a raise in nine (9) years, but one of the commissioners are complaining about not having a shirt, supplies and etc..., but the City does not have any money; there is no money. The commission should be worried about what they can do for the residents in the City and not personal items for themselves. She said that that any commissioner that wants things for themselves should have come at a time when the money was being spent like running water. The city does not have the money. The pool is in bad shape and will not be ready for the summer. Now is not the time to be asking for personal things. 12. ACTION ITEMS: Regular Commission Meeting Minutes—3/08/2017 3 1 (13-1). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AND EXECUTE FRANCHISE AGREEMENTS, IN SUBSTANTIALLY THE FORM AS SET FORTH IN EXHIBIT "A", FOR COMMERCIAL SOLID WASTE COLLECTION AND DISPOSAL WITH WASTE MANAGEMENT OF FLORIDA, INC. AND GREAT WASTE RECYCLING SERVICES, LLC, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND FOR FINAL APRROVAL 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 Attorney Brown. It was moved by Commissioner Holmes, seconded by Commissioner Pigatt for discussion. Commissioner Riley acknowledged errors in the contract and the city attorney made a note of them. Mayor Taylor asked the city attorney if a motion needs to be made for the corrections. City Attorney Brown said, "No." Vice Mayor Kelley said that he is concerned and language needs to be inserted that states what services are to be expected and what triggers a disaster when dealing with the residents. Jason Neal, Waste Management, Inc. of Florida said that the company would not be providing services to residents as they are commercial haulers. These concerns should be taken when dealing with the residential. Willie Hernandez, Great Waste, said that the company is committed to helping the City. Vice Mayor Kelley said that he is concerned about the business owners who have paid months in advance and have not received any service. City Attorney Brown said that the two (2) haulers that are being discussed already have a plan in place to deal with the business owners. If there are monies owed to them then they have to go after UWS for refunds. Commissioner Pigatt said that if UWS is taking money from the business owners and they no longer have a contract, then something needs to be done. 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—3/08/2017 4 2 (13-3). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, ESTABLISHING THE CITY CANVASSING BOARD AS SET FORTH IN SECTION 8.5-9 OF THE CODE OF ORDINANCES OF THE CITIY OF OPA-LOCKA, FLORIDA, TO ISSUE A SPECIAL TICKET OF APPROPRIATENESS FOR THE STRUCTURE AT 951 SUPERIOR STREET TO REMOVE IT FROM THE NATIONAL HISTORIC REGISTRY AND TO ALLOW FOR ITS DEMOLITION IN THE ABSENCE OF A QUORUM OF THE HISTORIC ENVIRONMENTAL PRESERVATION BOARD, PROVIDING FOR SEVERABILITY CLAUSE AND RESCINDING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager The above resolution was read by Attorney Brown. It was moved by Commissioner Holmes, seconded by Vice Mayor Kelley for discussion. Commissioner Pigatt said that he does not support the item. The City is known for its Moorish architecture and that should be preserved. A policy should be put in place to avoid the demolition of historic structures. Vice Mayor Kelley said that it should be demolished because it is an unsafe structure and an eyesore. Commissioner Holmes said that it has been sitting there for a long time and it needs to be torn down. Mayor Taylor agreed with Commissioner Holmes. She also said that while she is for the preservation of historic structures, this building has not served its historic purpose. Community Development Director Gregory Gay said that the owners have not been complying with the upkeep of the structure and Code Enforcement has made strides to get them to correct violations. Commissioner Riley said that the owner of the building should have bought the building with the mindset that they had to maintain the property. He asked if the demolition was being paid for by the City. Mr. Gay said that the owners are paying for it to be torn down, not the City. Vice Mayor Kelley said that the historic preservation board needs to convene and handle these types of structures. He referenced the Opa Hotel as an example. Commissioner Pigatt said that the buildings show the uniqueness of the City and he will not support the item. There being no further discussion, the motion on the resolution passed by a 3-2 vote. Commissioner Pigatt No Commissioner Riley No Regular Commission Meeting Minutes—3/08/2017 5 Commissioner Holmes Yes Vice Mayor Kelley Yes Mayor Taylor Yes 3 (13-4). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, ACCEPTING THE PROPOSAL OF EE&G CONSTRUCTION & ELECTRICAL, LLC FOR MOLD REMEDIATION SERVICES AT HELEN L. MILLER CENTER PURSUANT TO RFP NO. 17-0106100; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE A PROFESSIONAL SERVICES AGREEMENT IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; 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 Holmes for discussion. Vice Mayor Kelley said that the building should be serviced by professional people to avoid this from happening again. Mayor Taylor asked how the situation took place. Public Works Director Airia Austin said that the company that was working on the building left the A/C door open and that is where the mold came from. Mayor Taylor asked if the City is going to try to get the company to pay for the remediation services. Vice Mayor Kelley said that someone needs to be held accountable. When the City found out about this last year, it should have immediately taken action to put out an RFP and find out who is responsible. He said that there were only two (2) who submitted RFP's and the amounts vary tremendously. The city needs to recoup the monies. Mayor Taylor said that she did not like to see people scratching out the information on the scoring sheet. City Attorney Brown said that the score sheet is a matter of public record and has to be submitted as is. Mayor Taylor said that she does not want to see it again. Whatever score is put first should remain. 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 Regular Commission Meeting Minutes—3/08/2017 6 13. CONSENT AGENDA: 1 (13-2). 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 2 (13-5). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING AND APPROVING THE PARTICIPATION BY THE CITY IN THE LAKE OKEECHOBEE REGIONAL COMPACT; SAID AGREEMENT BEING A JOINT EFFORT BY OFFICIALS IN THE NINETEEN COUNTY AREA ENCOMPASSING THE NORTHERN EVERGLADES AND THE LAKE OKEECHOBEE WATERSHED TO WORK TOGETHER ACROSS JURISDICTIONAL BOUNDARIES TO CREATE, SUPPORT, AND ADVANCE A COMPREHENSIVE PLAN ADDRESSING ENVIRONMENTAL AND ECONOMIC CHALLENGES ASSOCIATED WITH DISCHARGES FROM LAKE OKEECHOBEE, AND TO DEVELOP A JOINT STRATEGIC PLAN TO SUCCESSFULLY MEET THOSE CHALLENGES; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by Mayor Taylor 3 (13-6). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, REQUIRING THE ENFORCEMENT OF CHAPTER 1, ARTICLE II, DIVISION 2, SECTION 2-58(2) OF THE CITY CODE OF ORDINANCES; 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 Vice Mayor Kelley, seconded by Commissioner Riley to pass the consent agenda resolutions. The motion passed by a 4-1 vote. Commissioner Holmes No Vice Mayor Kelley Yes Commissioner Pigatt Yes Commissioner Riley Yes Mayor Taylor Yes 15. PLANNING & ZONING: A. HEARINGS: B. APPEALS: 16. ORDINANCES/RESOLUTIONS/PUBLIC HEARING: Regular Commission Meeting Minutes—3/08/2017 7 A. FIRST READING ORDINANCE(S): 1. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO AWARD FRANCHISE CONTRACT FOR COMMERCIAL SOLID WASTE COLLECTION AND DISPOSAL, PURSUANT TO AN EMERGENCY PROCUREMENT, AUTHORIZZING THE CITY MANAGER TO ENTER INTO A CONTRACT IN SUBSTANTIALLY THE FORM ATTACHED HERETO AS EXHIBIT "A", SUBJECT TO APPROVAL AS TO FORM BY THE CITY ATTORNEY, PAYABLE FROM ACCOUNT 34-534340; A BUDGETED ITEM; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager The above ordinance was read by title by Attorney Brown. Mayor Taylor opened the floor for a public hearing. Dorothy Johnson, 13724 NW 22nd Place, asked what the amount was that was budgeted for the item. City Attorney Brown said that the City does not know the actual amount at this time. The city had not received any franchise fees of twenty-eight percent (28%) since June 2015. It is a revenue stream and not an expense. There being no further persons to speak on the public hearing, and the floor was closed. It was moved by Commissioner Holmes, seconded by Commissioner Pigatt to pass the ordinance on first reading. Vice Mayor Kelley asked the city attorney if the City was within its rights to do an emergency procurement. City Attorney Brown said, "Yes." Commissioner Riley asked if the item was subject to approval from the oversight board. City Attorney Brown said, "Yes." There being no further discussion, the motion on the ordinance passed by a 4-1 vote. Commissioner Holmes Yes Vice Mayor Kelley Yes Commissioner Pigatt Yes Commissioner Riley No Mayor Taylor Yes 2. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, ADOPTING AMENDMENTS TO CORRECT SCRIVENER'S ERRORS IN ORDINANCE NO. 15-31, THE LAND DEVELOPMENT REGULATION / Regular Commission Meeting Minutes—3/08/2017 8 CITY ZONING CODE ORDINANCE; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager The above ordinance was read by title by Attorney Brown. Mayor Taylor opened the floor for a public hearing. Dorothy Johnson, 13724 NW 22"d Place, said that in the background of the information, (inaudible). There being no further persons to speak on the public hearing, and the floor was closed. It was moved by Commissioner Holmes, seconded by Commissioner Kelley to pass the ordinance on first reading. There being no further discussion, the motion on the ordinance passed by a 5-0 vote. Commissioner Holmes Yes Vice Mayor Kelley Yes Commissioner Pigatt Yes Commissioner Riley Yes Mayor Taylor Yes 3. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, ADOPTING AMENDMENTS TO ORDINANCE NO. 15-31, THE LAND DEVELOPMENT REGULATION / CITY ZONING CODE ORDINANCE; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager The above ordinance was read by title by Attorney Brown. Mayor Taylor opened the floor for a public hearing. There being no further persons to speak on the public hearing, and the floor was closed. It was moved by Commissioner Holmes, seconded by Commissioner Pigatt to pass the ordinance on first reading. There being no further discussion, the motion on the ordinance passed by a 5-0 vote. Commissioner Holmes Yes Vice Mayor Kelley Yes Commissioner Pigatt Yes Commissioner Riley Yes Mayor Taylor Yes B. SECOND READING ORDINANCE(S)/PUBLIC HEARING: Regular Commission Meeting Minutes—3/08/2017 9 C. RESOLUTIONS: 17. CITY MANAGER'S REPORT: City Manager did not provide a report at this time due to being under the weather. 18. OFFICIAL BOARD REPORTS: No reports at this time. 19. MAYOR/COMMISSION REPORT: Commissioner Riley said that the fees for the Florida League of Cities have not been paid. It should have been a budgeted item. Mayor Taylor said that she is aware, but the state said that they were not going to pay anything. Commissioner Riley said that one of the commissioners mentioned receiving training and it should be paid. Mayor Taylor said that the cut came from salary and benefits not the fees. The state knows, but is not willing to pay it. Vice Mayor Kelley said that Farm Share was held last Wednesday at Sherbondy Park. He thanked Miami-Dade County Chamber of Commerce for coming out and holding a small business forum. He thanked Commissioner Riley and Commissioner Pigatt for coming to support the event. He will be co-hosting with Dr. Gallon a Conversation on Education. Flyers will be going out by the end of this week for the event. He is working on the National Day of Prayer with the clergy. Commissioner Pigatt acknowledged Perez Art Museum Miami for choosing the City to display their artwork. Mayor Taylor invited all employees and residents to a women's day luncheon that will be held this coming Saturday. City Clerk Flores informed the commission of the current board appointments. 20. OFFICIAL BOARD APPOINTMENTS: 21. ADJOURNMENT: There being no further business to come before the Commission, it was moved by Vice Mayor Kelley, seconded by Commissioner Riley to adjourn the meeting at 9:05 p.m. (-11_4(te MAYOR Regular Commission Meeting Minutes—3/08/2017 10 ATTEST: CITY CLERK Regular Commission Meeting Minutes—3/08/2017 11