Loading...
HomeMy Public PortalAbout03- March 22, 2017 Regular Commission Meeting CITY OF OPA-LOCKA "The Great City" CLERK'S ACTION SUMMARY MINUTES REGULAR COMMISSION MEETING WEDNESDAY, March 22, 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 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: 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 Vice Mayor Kelley. 4. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was recited in unison. 5. AWARDS/PROCLAMATIONS/ACKNOWLEDGEMENTS: The mayor & city commission presented a service award to Parks & Recreation Department Seniors Coordinator Patsy Williams for all of the years she has worked for 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 13-3 (Vice Mayor Kelley); pulled 13-4 and 13-5 (Commissioner Riley). 7. APPROVAL OF AGENDA: It was moved by Vice Mayor Kelley, seconded by Commissioner Pigatt to approve the agenda, consent agenda and pull list. There being no discussion, the motion passed by a 5-0 vote. Regular Commission Meeting Minutes—3/22/2017 1 Vice Mayor Kelley Yes Commissioner Pigatt Yes Commissioner Riley Yes Commissioner Holmes Yes Mayor Taylor Yes 8. APPROVAL OF MINUTES: Regular Commission Meeting—December 14, 2017 It was moved by Vice Mayor Holmes, seconded by Commissioner Riley to approve the minutes of the Regular Commission Meeting on December 14, 2017. 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 9. DISTRICT ONE/DISTRICT TWO - COUNTY COMMISSIONER REPORT Larry Gardener, 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 anew 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. Vice Mayor Kelley said that he is glad the county is offering jobs for ex-felons, it is a good thing. Mayor Taylor asked the city clerk to read into the record the response from Commissioner Monestime's Office. City Clerk Flores said that Ms. Burke relayed that due to budget constraints, the will be no representative from District II at this time. 10. PUBLIC PRESENTATION: Aileen Alon, Opa-locka CDC, 490 Opa-locka Blvd, thanked the commission for having her to come before them and present opportunities for art to be displayed in the City. The Perez Art Museum Miami has chosen Opa-locka to display twenty (20) high end art works all around the City during the summer months; this will be done at no cost to the City. There will also be a repeat of the event that was done before on Ali-Baba Avenue in front of Robert B. Ingram Elementary School. The new location will be the entrance to Magnolia North. This event will be funded by several outside agencies. There will also be a sculpture unveiled that Town Center One Building by a renowned artist. Regular Commission Meeting Minutes—3/22/2017 2 11. CITIZENS' INPUT: Raul Fernandez, 13240 Port Said Road said, that he is interested to know what the City intends to do about the garbage as he was billed at a higher rate. He was told that the fees that were imposed came from the City and these fees are just too much. He has businesses elsewhere and the rate is lower than it is in Opa-locka. Commissioner Holmes asked Mr. Fernandez if he spoke to the city manager about the garbage. Mr. Fernandez said that he did not. Commissioner Holmes said that is who he should have spoken to and not the commission because they are not involved in the day-to-day operations of the City. Mr. Fernandez said that he has spoken with the operations manager at Public Works. Vice Mayor Kelley said that if Mr. Fernandez spoke with the operations manager, then that employee should have conferred with the manager. He said the commission should not tell people that they cannot speak with the commission about issues that are going on in the City. He said that he was interested in how the selection was done and the rate was set since he did not see anything to that effect. He will wait until the city manager's report to make his statement on that Paul Lambry, 2491 NW 135th Street, said that he is here to resolve a water bill dispute. The Balance is currently at sixty seven thousand dollars ($67,000.00); forty two thousand dollars ($42,000.00) of that just in the last six (6) months. That is too much for water anywhere for a building of that size. He is prepared to pay ten thousand dollars ($10,000.00) tonight so that he can receive the TCO to continue his project since the city manager is refusing to cooperate with him. Mayor Taylor asked the city manager to meet with Mr. Lambry and come up with some sort of arrangement so that he can receive the occupancy license. City Manager Harrell agreed. George Howard said that he is the owner of the property and even though the bill is questionable, he is willing to pay the ten thousand dollars ($10,000.00) tonight. He has been held up long enough and he will not be dealing with anyone who is involved in corruption. He had to get a court order to even walk onto his property because the city manager refused to give him the TCO to proceed with the work. The City is holding him up and he refuses to pay anybody any money outside of what he is supposed to pay to obtain his license; the corruption must stop. He is willing to open his wallet to the city clerk right now and give the money to a City that needs it. Commissioner Riley asked the mayor who is demanding payment outside of what is owed to the City for the license. Mayor Taylor asked Mr. Howard for clarity. Mr. Howard said that in the past, the sitting city manager asked him for ten thousand dollars ($10,000.00). Regular Commission Meeting Minutes—3/22/2017 3 Mayor Taylor said that is not what is happening now. Mr. Howard said that this city manager is aware of what is happening now. Commissioner Holmes encouraged anyone who is aware of any corruption; they can get in touch with the state or the F.B.I. The commission does not run the City. The city manager runs the day- to-day operations of the City. Mr. Howard said that it is easy to slide something under the nose of the F.B.I. when you are prolonging someone receiving their license. Dorothy Johnson, 13724 NW 22"d Place, said that Mr. Howard is within his rights to complain as she has witnessed him attempting to meet with the city manager and being turned away. She said that she is for the program being brought forth by the Opa-locka CDC and thinks it is a good idea. The backside of the Town Center One building is filthy. There are rats back there and that should not be so. As residents, she along with her family have had to clean up their street. She asked the commission to take control of the situation. 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. 12. ACTION ITEMS: 1 (13-3). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO DO ALL THAT IS NECESSARY TO IMPLEMENT THE PEREZ ART MUSEUM MAMI'S (PAMM) INSIDE/OUTSIDE PROGRAM TO ALLOW PAMM TO DISPLAY TWENTY (20) HIGH QUALITY REPRODUCTIONS OF ART CURRENTLY FEATURED IN PAMM'S PERMANENT COLLECTION THROUGHOUT THE CITY; 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 while he understands art and the significance of having the pieces in the City, but the commission just voted to take down five (5) of his feeding signs. He asked the city manager what involvement the City had with this process. City Manager Harrell said that the City was not involved with the process. Vice Mayor Kelley said that he is concerned about the fact that the City was involved especially when it pertains to the demographics and funding of the area. Regular Commission Meeting Minutes—3/22/2017 4 Ms. Alon apologized and said that the CDC should have come before the commission once PAMM had approached them with the project. In the past they have worked with other Cities and letters were sent out to receive consent to proceed with any projects. Vice Mayor Kelley asked if there are any costs associated with the project. Ms. Alon said that there will be no cost to the City. Commissioner Pigatt thanked the Opa-locka CDC for bringing the project to Opa-locka; it will be great for everyone, especially the children. He also thanked PAMM for the opportunity and looked forward to creating more opportunities to bring the project to the City. Mayor Taylor said that she does not mind the art, but she does not like when things come into the City and the commission does not know. It is a disrespect not to have the City's by-in. She said someone should have come in and said, "We want to turn the City into art deco." She asked the city manager how long the art was going to be displayed. City Manager Harrell said that she is not sure. Mayor Taylor asked the city manager why she sponsored the item. City Manager Harrell said that she sponsored the item because she thought that it would be good for the City. With all of the negative press that the City has been receiving, this would be a good thing. City Attorney Brown clarified that the circular read that the art would be up from February — April 2017, but the time table is off. Ms. Alon said that the project was pushed back to summer, but the duration will be two (2) months. Mayor Taylor said that because the works will be displayed on the right of way, the City needs to be involved in the process. Commission Pigatt read the agreement where it stated that the OLCDC is requesting to collaborate with the City. Once the Memorandum of Understanding (MOU) is signed then both parties can move forward with the project. Vice Mayor Kelley said that the displays need to be distributed in all areas of the City so that everyone can benefit. Commissioner Holmes said that Dr. Logan has done a lot of great things in the City and the City needs to move forward. As long as everything is in order and it is good for the community, the commission needs to get on board for the City of Opa-locka or leave. 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 Regular Commission Meeting Minutes—3/22/2017 5 Commissioner Riley Yes Mayor Taylor Yes 2 (13-4). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO PAY THE BROWN LAW GROUP, LLC, FOR OUTSIDE LITIGATION, EVICTION AND COST ASSOCIATED WITH A REAL ESTATE CLOSING AS SET FORTH IN 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 Commissioner Riley, seconded by Commissioner Holmes for discussion. Commissioner Riley said that he would like to see the invoices/reports include the case number. Also, he asked the city attorney why the City has to pay the closing cost when that normally is done by the buyer. City Attorney Brown said that future invoices/reports will contain the case number for litigations. He said that his firm had to pay the deposit in advance on the closing and when the closing did not take place, the deposit was forfeited. Commissioner Riley asked why there were two (2) invoices for the same thing. City Attorney Brown said that it might have been an insertion error. Commissioner Pigatt said that the invoices should be submitted on a monthly basis. 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 3 (13-5). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A WAIVER OF CONFLICT OF INTEREST WITH THE LAW FIRM WEISS SEROTA, ET AL., IN CONNECTION WITH DGD TRANSPORT CODE COMPLIANCE ISSUES; 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 Pigatt for discussion. Commissioner Riley said that he does not know where it would lead if they were to execute a waiver the conflict of interest. Regular Commission Meeting Minutes-3/22/2017 6 Commissioner Pigatt said that he is confused about whether or not the waiver will negatively impact the City. He asked the attorney how common is it for waivers like this to be put in place. City Attorney Brown said that each situation is different and it is up to the city commission to authorize a waiver. He referenced the waiver that was done by the law firm that also represented with City National Bank because they could not represent City National and the City with the red light camera litigations; that was red light cameras and municipal finances. Commissioner Riley said that questions should be asked about this and answers should be provided for clarity. 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 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, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND ENTER INTO A COMMERCIAL LEASE AGREEMENT WITH CAREER SOURCE SOUTH FLORIDA, IN A FORM THAT IS ACCEPTABLE TO THE CITY ATTORNEY, TO RENEW THE CURRENT LEASE FOR FIVE (5) YEARS COMMENCING ON APRIL 1, 2017 THROUGH MARCH 31, 2022; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager 3 (13-6). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO CONDUCT A STUDY ON THE FEASIBILTY OF A PRIVATE TRANSPORTATION COMPANY PROVIDING SHUTTLE BUS SERVICE WITHIN THE CITY ON THOSE ROUTES THAT ARE NOT CURRENTLY SERVED BY THE CIRCULAR BUS PROGRAM FUNDED BY THE CITT; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by Vice Mayor Kelley The above resolution was read by Attorney Brown. It was moved by Commissioner Riley, seconded by Vice Mayor Kelley to pass the consent agenda resolutions. Regular Commission Meeting Minutes—3/22/2017 7 The motion 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): 1. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AMENDING CHAPTER 1.1 OF THE CITY OF OPA-LOCKA CODE OF ORDINANCES FOR THE HISTORIC PRESERVATION TO REQUIRE ARABIAN/MOORISH ARCHITECTURE MOTIFS FOR ALL NEW CONSTRUCTION EXECUTED PROPERTIES THAT WERE DESIGNATED AS HISTORIC AND LISTED ON THE FEDERAL HISTORIC REGISTRY THEN WERE GRANTED A CERTIFICATE OF APPROPRIATENESS FOR DEMOLITION; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; 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, said that some of things that are being brought up are already on the record including the OLCDC and Opa-locka Commissioners touring Wynnwood and agreeing to adopt the concept of the area. She asked that the commission look at the books because these things have been address. There being no further persons to speak on the public hearing, and the floor was closed. It was moved by Commissioner Pigatt, seconded by Commissioner Holmes to pass the ordinance on first reading. Commissioner Pigatt asked if the structures are torn down, will they be rebuilt under the exact same structure. City Attorney Brown said that the structures will not be the same, but it will have the Arabian/Moorish architecture. He asked if the commissioner wanted the building to mirror the one that was demolished. Regular Commission Meeting Minutes—3/22/2017 8 Commissioner Pigatt said, "Yes." City Attorney Brown asked the Community Development Director for clarity. Community Development Director Gregory Gay said that in the pass, once the building has been demolished, the designation was removed and the new structure was built with the Moorish motifs. If the designation remained, then the new structure would mirror the old one. Commissioner Pigatt gave a brief summary on the history of the Moors. He expressed his desire to preserve the historic importance of honoring the tradition, educating the youth in the community and remain a tourist attraction for all. Vice Mayor Kelley said that the ordinance already states that any new design or construction should include the Arabian/Moorish architecture. Commissioner Holmes said that the City is a good tourist attraction for those who live in other areas that do not have access to these kinds of designs; he supports the item. There being no further discussion, the motion on the ordinance passed by a 5-0 vote. Commissioner Riley Yes Commissioner Holmes Yes Vice Mayor Kelley Yes Commissioner Pigatt Yes Mayor Taylor Yes B. SECOND READING ORDINANCE(S)/PUBLIC HEARING: C. RESOLUTIONS: 17. CITY MANAGER'S REPORT: City Manager Harrell said that there are two things dealing with the waste haulers that she wanted to address. The commercial rates were attached to the ordinance and the commission review and approved it. She does not understand what else there is for her to provide; all of the information was a part of the ordinance that was provided. She said that she authorized the waste haulers to begin working on the commercial accounts despite the franchise agreements not being in place begin authorization from the board. The waste haulers will prorate for this month. The deadline was missed for posting the ordinance because of a discrepancy with The Miami Herald and will be posted at a later date; the franchise agreement is still pending approval from the board. Notice will be placed in the water bills to provide account holders with information regarding City matters. Customers have been complaining that they do not have access to Facebook, internet, nor do they see the gateway, so the information will be included in the bills. She contacted the county to see how they will address the individuals putting their bulk waste out without calling the county. There were also people putting garbage near abandoned areas or lots and the Public Works Department has to bear the responsibility for picking it up. The Avanti Group performed an audit of the water meters in the City and found that there is a substantially high amount of water meters that are not in working condition. There will be a workshop scheduled by the city clerk to discuss the water meters and any costs associated with repairs. The plan is to get meters purchased and installed. An agreement will be made with the City and the county to have this done. She forwarded a written report from all of the departments which Regular Commission Meeting Minutes—3/22/2017 9 include staff and budgetary needs. She informed the commission that the City is seven (7) months into the fiscal year and a lot of the line items are depleted. It was required by the board that several line items be changed; this will require an amendment so that the City can see where it is currently. Commissioner Holmes told the manager that she is doing a good job contrary to what others have to say. He encouraged her to continue to do the work that she is doing. Commissioner Pigatt also thanked the manager for the job that she is doing. He asked the manager about the rates mentioned by the business owner during citizens forum and wanted to know if the City's rates were higher than other cities. City Manager Harrell said that she would have to look at the report that the citizen was referring to. Her assistant has scheduled a meeting to meet with the business owner. Commissioner Pigatt asked the manager if there was a minimal amount that the waste haulers can charge. City Attorney Brown said, "Yes." There was a price sheet included in the original agreement that was submitted and approved by the commission. The agreement was a part of the ordinance. Commissioner Pigatt asked the manager how the City arrived at the amount that it did. City Manager Harrell said that the two (2) chosen franchisees rates were not too far apart, but were not equal, so an average was calculated. Account holders can choose one (1) of the two (2) based on level of service. Commissioner Pigatt asked the manager if the price is simply because it is Opa-locka, or is it something else. If so, then the commission may need to look further in to it. Mayor Taylor asked the manager if the price that was presented was across the board to which the manager replied, "Yes." Vice Mayor Kelley said that he hears something different tonight from what was being said about the rates from the waste haulers. Business owners have also called saying that the rates vary from individual to individual. He is also concerned about the pricing and also the trash piles along the street and would like to move forward with some resolve. He asked the manager about an update on the development on Golf Course Drive that has not started. He mentioned the rental facilities and how the staff is being stagnant in order to performing regular duties and work weekend shifts for rentals. Then the employee has to take off during the week without pay in order to save the overtime. He said that the salary for the staff should be included in the rental fee even if there has to be a charge included for this. He asked the attorney to look into changing the application to reflect this. He mentioned that the senior's bus is need of replacing and would like something to be done at some point and time. Commissioner Pigatt asked if all of these concerns could not have been addressed in a meeting with the manager. Vice Mayor Kelley said that he has done this in the past and all of his concerns or requests were not met for whatever reason. He chooses to do this in a public forum to put it on the record. Regular Commission Meeting Minutes—3/22/2017 10 Commissioner Pigatt said these issues are small and can be addressed outside of the commission meeting with the manager and the attorney. Mayor Taylor informed Commissioner Pigatt that that is the way that the vice mayor chooses to operate and that is how he works with the manager and the attorney. Vice Mayor Kelley said that he thinks some of the questions or issues that Commissioner Pigatt brings up in the meeting are small and can be done in a different setting, but he does not say anything because it is the commissioner's choice to do as he sees fit. He tries to do everything by e-mail, but he does not always receive a response so that is why he chooses to bring his concerns or requests here. It is no different from any of the other commissioners taking their time and addressing whatever they have to with the manager and the attorney. Commissioner Pigatt said that he was just concerned because he thought that information was being requested from the manager and the attorney and no response was being given. Mayor Taylor asked the manager what the issue is with the bulk garbage. City Manager Harrell said that the issue is that the residents are using the same schedule as before and putting out the bulk garbage on days when there is no pick up for them. Mayor Taylor asked that the residents are given the information that they need as soon as possible and the issue be resolve in a timely fashion. She also noted that there are a lot of businesses with the previous trash haulers bins and those need to be removed. City Manager Harrell said that the process has started to give notice to UWS to remove the bins or the City will begin to remove them and charge a storage fee. The state has to give approval for this. Mayor Taylor asked that a request be sent to the state to get approval for this process. She also requested a list of the current vendors to date; a report to include the areas that are not covered for the bus circular; and the current status of the old city hall building. She also suggested that the students from the high school come and update the robo-call list for the businesses so that it can be up to date for receiving information. 18. OFFICIAL BOARD REPORTS: No reports at this time. 19. MAYOR/COMMISSION REPORT: Vice Mayor Kelley said that feeding South Florida was held last Friday at Segal Park; movie night is on the 1St Friday of the month at Sherbondy Park; there is a meeting scheduled for April 6th to discuss the National Day of Prayer which is the 1st Thursday in May; and the community is invited on March 30th for "A Conversation on Education." 20. OFFICIAL BOARD APPOINTMENTS: 21. ADJOURNMENT: Regular Commission Meeting Minutes—3/22/2017 11 There being no further business to come before the Commission, it was moved by Commissioner Holmes, seconded by Commissioner Pigatt to adjourn the meeting at 9:13 p.m. / / / I _/� i Air A iR ATTEST: t 1 tCITY CLERK Regular Commission Meeting Minutes—3/22/2017 12