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
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