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HomeMy Public PortalAbout04-April 12, 2017 Regular Commission Meeting Minutes CITY OF OPA-LOCKA "The Great City" CLERK'S ACTION SUMMARY MINUTES REGULAR COMMISSION MEETING WEDNESDAY,April 12, 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, April 12, 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, 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. Commissioner Joseph L. Kelley arrived at 7:06 p.m. 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: deferred 13-5 (Mayor Taylor); pulled 13-3 and deferred 13-6 (Commissioner Pigatt); pulled 13-7 (Holmes); deferred 13-1 (Commissioner Riley). 7. APPROVAL OF AGENDA: It was moved by Commissioner Holmes, 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. Vice Mayor Kelley Yes Commissioner Holmes Yes Commissioner Riley Yes Regular Commission Meeting Minutes—4/12/2017 1 Commissioner Pigatt Yes Mayor Taylor Yes 8. APPROVAL OF MINUTES: Special Commission Meeting Minutes —January 26, 2017 It was moved by Commissioner Riley, seconded by Vice Mayor Kelley to approve the minutes of the Special Commission Meeting Minutes January 26, 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 Special Commission Meeting Minutes—February 01, 2017 It was moved by Commissioner Riley, seconded by Commissioner Holmes to approve the minutes of the Special Commission Meeting Minutes February 01, 2017. 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 Special Commission Meeting Minutes—February 27, 2017 It was moved by Commissioner Riley, seconded by Vice Mayor Kelley to approve the minutes of the Special Commission Meeting Minutes February 27, 2017. 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 Special Commission Meeting Minutes —March 22, 2017 It was moved by Commissioner Riley, seconded by Commissioner Holmes to approve the minutes of the Special Commission Meeting Minutes March 22, 2017. There being no discussion, the motion passed by a 5-0 vote. Regular Commission Meeting Minutes—4/12/2017 2 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 does not have anything for the commission today, but will take any issues or concerns they may have back to Commissioner Jordan. Mayor Taylor asked Mr. Gardener to give Commissioner Jordan the City's regards. Vice Mayor Kelley asked Mr. Gardner if there were any summer jobs for youth going on this summer. Mr. Gardner said that there is none right now to his knowledge, but he will find out and let them know. Commissioner Holmes said that he has been advised by the Parks Director that the City has received a bus. He told him to thank Commissioner Jordan. Cedric Brazle, Commissioner Jean Monestime's Office, District II, said that the State of Black Miami event was held today from 3:00—5:30 p.m. and it was a success. Next month is Haitian Heritage Month and they will be kicking off a series of events. He invited the public to come out. Mayor Taylor asked for Mr. Brazil to e-mail the flyer for the events to the clerk so that the City can know what is going on. Commissioner Riley asked why the City never receives a response from Commissioner Monestime's Office. Mr. Brazle asked in what regards does the district not respond? Commissioner Riley said that the district does not respond to anything. Be it by e-mail, telephone, or anything else, there is never a response. Mr. Brazle said that he will work on that and passed on his business card so that he can be contacted for whatever reason. Mayor Taylor told Mr. Brazle to thank Commissioner Monestime for sending a representative. 10. PUBLIC PRESENTATION: 11. CITIZENS' INPUT: Douglas Jeffrey, 6625 Miami Lakes Drive, Suite 379, said that he is there on behalf of UWS. He said that UWS is here tonight as a friend to the City; they are there to help the City save money Regular Commission Meeting Minutes—4/12/2017 3 and avoid problems and more litigation. Had the City not followed bad advice, they could have avoided hundreds of thousands of dollars in legal bills and months of corresponding confusion and embarrassment with no end in sight. He asked that the commission does not pass the waste hauler legislation tonight. The oversight board has told the City that they could not legally use the emergency legislation. A public record was pulled and showed that there was no emergency. Because of the substantial changes to the contract, the law requires that it comes to the commission for first reading so there is no question that this cannot pass tonight. You cannot use emergency legislation to award these franchise contracts without competitive bidding. UWS stands ready to amicably resolve these issues. Since there is going to be a new city manager, then why not wait until the new administration comes and has time to review the contracts and then make a decision. This should be amicably resolved while saving the resources for the City. Commissioner Holmes said that he does not appreciate Mr. Douglas coming before the dais and saying things like the city manager will be leaving, he is bothered by it. Mr. Douglas said that he can understand why the commissioner would be hot under the collar. Former Commissioner Dorothy Johnson, 13724 NW 22nd Place, said that it appears that come of the agreements that exceeds one year has been approved by resolution when the legislation says that it must be approved by ordinance which requires public hearing. The legislation and Florida Statutes states that anyone dealing with funds must be bonded. She asked the commission to check and make sure anyone dealing with funds is properly bonded. Also, although it was pulled, there is no kind of agreement for the city manager and the eighty five thousand dollars ($85,000.00) is the max. All documents should have legal sufficiency to avoid back door conversations. Public meeting should be publicized for the public to review, this was not done recently. District II did notify the City about today's event because she was there today and so was Commissioner Pigatt. Commissioner Pigatt said that he is unclear about Ms. Johnson's first point, he asked her to repeat what she said. Ms. Johnson said that according to the current legislation, all agreements that exceed one year should be approved by ordinance and not a resolution. The commission can refer to 2013 - 2014 because she is the one who brought the legislation. Alvin Burke, 1240 Jann Avenue, said that a few meetings ago there was a resolution brought forth to take the signs down around the City notifying the residents when there is Farm Share and Feeding South Florida. Because of this, the food lines for both distribution programs have drastically declined because no one knows when it is being held. The mileage rate is 10.0 and the water bills are high so the people need the food. The food signs were taken down, but there is a resolution on the agenda to put up 20 high quality art pieces around the City. The residents would rather eat than to see art; where is the commissions priorities? He is asking the commission to reconsider the signs notifying the public of the feeding programs. Patsy Williams, 2479 NW 60th Street, said that at the meeting held on last Wednesday, the city commission gave her a plaque to honor her for all of her hard work. The same night, they voted to terminate her position after posing for photos with her. A few days later, the city manager had the police escort her out of the building like she was a criminal that had committed a crime. This caused emotional distress and she feels violated. Her seniority was not respected and she was let go one year shy of her retirement. The city manager humiliated her and the commission let it Regular Commission Meeting Minutes—4/12/2017 4 happen. No one cared about her thirty years with the City with nowhere to go, but they are calculating a severance package for a city manager who has not even served the City for one year; she should not receive a dime. Do not pay a city manager who has brought shame and dishonor to the City. She asked to be reinstated and given the opportunity to complete her thirty years so that she can receive her full retirement benefits. She told the mayor she dedicated her life to the City and the mayor turned her back on her when she needed her. Brian Dennis, 3135 NW 134th Street, said that he feel sorry for Patsy; thirty years with the City and this is what is going on. There are talks of abolishing the City and he has had meetings with people about what is going on. There are deals going on and resolutions with deals and money payouts to law groups and severance packages, but the issue is that the people on the top are not being cut or barely being cut. A cut is nothing to some, but others are losing their jobs completely. The lowest one on the totem pole is continuously taking hits, while the top is still heavy. The commission is not taking the recommendations from the state and they do not have compassion for anyone, but there are complaints when either he or the Miami Herald writes articles about what is going on in the City. Everything that happens with the City is self-inflicted. Commissioner Pigatt apologized to Patsy Williams on behalf of the City about what has happened to her and her being disrespected. He said that he was unaware that on the night she received the award that she was being terminated. Pastor Yvonne Struan, said that item 3 is her resolution and she wants to explain it. She had been praying for the community for years and decided to start feeding the community. She started last March and hopes to continue to be able to do so. Pastor Isaac Smith, 725 NE 178th Terrace, said that his family has lived in Opa-locka for over twenty (20) years. When Pastor Straun brought the idea to his attention, he was ready to come on board and help the community. He hopes that they can continue to do so. George Suarez, 1341 Dunad Avenue, said that he wants to address the issues that were brought up last night. He commended Commissioner Pigatt for apologizing to Patsy Williams because what is going on is straight up disrespect. People are going through a lot and it takes more than a gavel to solve the problems. He said that accountability was brought up at last night's meeting, but it was not addressed. He said that the commission needs to have compassion and realize that what they are voting on affects people. He asked the mayor to open her heart or step aside and let someone come in and help the City. The City needs healing and if the commission is not going to help, then they need to step aside and not be what he likes to call "blood suckers." Commissioner Holmes told Mr. Suarez that he is calling the commission names and by doing that, he is doing the same thing he is accusing them of doing. He told him that he needs to keep his comments in line. Mr. Suarez tried to respond and the mayor told him that he already had his three (3) minutes to speak. He said that it is unfair that he not be allowed to respond to the commissioners comments. Vice Mayor Kelley told the mayor that it is not right that the citizen not be allowed to respond when the commissioner made a statement about his input; the citizen should be allowed to respond. He said that there was a rule that the commission should not respond during citizens input, but if Commissioner Holmes can speak, then the citizen should be allowed to respond. Regular Commission Meeting Minutes-4/12/2017 5 Mayor Taylor said that she has done that in the past, but then it becomes a tit for tat situation and she does not want that. She has allowed the citizen to speak and then the commission has the last say and move on. Vice Mayor Kelley said that you cannot have it both ways. If the commission comments on something a citizen has said, then they should be allowed to respond. He definitely had statements to make regarding Ms. Patsy, but chose to wait until the end; you cannot have it both ways. The commission as a whole needs to hold their statements or it needs to be opened up to everyone. Mayor Taylor asked the commission to hold off on their comments until the end. Commissioner Holmes said that the employees should not come to the meetings to speak to the commission, they have offices. Natasha Ervin, 670 Dunad Avenue, thanked the mayor for having the town hall meeting last night even though she left more confused than when she first got there. She said that whoever comes to the podium is disrespected by the commission time after time; and most of the time it is done by the mayor. Whether the mayor will take the blame or the responsibility for it, the tax payers have the right to come and say whatever they want to say as long as they are not being disrespectful. When you are the head of something, you have to act like it and the mayor does not. It is despicable. She said it last night and she will say it again, the head of the commission is responsible for what is going on and the mayor needs to take responsibility. She said they are at the point where they don't want the mayor there. It is the vision of the people for the mayor to walk away. She told the mayor that no one will provide assistance to the City as long as she is there. Vice Mayor Kelley asked the manager and the attorney about the bumping rights for employees with seniority. He said that they can provide a response when they give their report. City Attorney Brown acknowledged the vice mayor. 12. ACTION ITEMS: 1 (13-3). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, APPROVING THE USAGE OF SEGAL PARK LOCATED AT 2331 NW 143RD STREET FOR NEW LIFE IN THE CITY, INC'S "FEEDING IN THE PARK" FOOD DISTRIBUTION PROGRAM; 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 Pigatt asked if New Life will be liable for anything that may arise out of this event, be it with the park or the food and who will be responsible for cleanup. City Attorney Brown said the clause should have been in the MOU because it was included in the version that he reviewed. He said that he will add it back in. Regular Commission Meeting Minutes—4/12/2017 6 Commissioner Pigatt said that a record of who is being served should be added to the MOU so they can see how many people are being impacted by this program. Vice Mayor Kelley said that he does not want there to be any liability similar to what was done up in Hollywood when they had a feeding program. City Attorney Brown said that he will make sure the liability flows to the church and not the City. Vice Mayor Kelley said that there is no money for overtime and staff will be needed to open and close the gate as well as having police presence. City Manager Harrell said that when the pastor pulled the permit to operate the food program, the cost for staff was calculated at that time so it is covered. Commissioner Riley asked if the items that are listed were offered as an amendment. City Attorney Brown said that they don't necessarily have to be offered as an amendment. Mayor Taylor asked the city attorney to forward the MOU to the commission. Commissioner Pigatt said that he has not had a chance to attend any of the other feeding programs because of his work schedule. He asked what the difference was between those programs and this one. Vice Mayor Kelley said that the Farm Share and Feeding South Florida programs distribute dry goods to the community and this program will be serving hot meals. As long as the church will be covered by liability insurance he does not have a problem with it. 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 2 (13-7). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, DIRECTING THE CITY MANAGER TO DEVELOP A MONTHLY REPORT THAT LISTS RECOMMENDATIONS FROM MERRETT STIERHEIM, EVALUATES THE PROPOSALS, DELINEATES A RESPONSIVE PLAN, AND PROVIDES A STATUS ON EACH; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by Commissioner Pigatt The above resolution was read by Attorney Brown. It was moved by Commissioner Pigatt, seconded by Vice Mayor Kelley for discussion. Regular Commission Meeting Minutes—4/12/2017 7 Commissioner Pigatt said that there have been discussions that the City is not following the recommendations of the Financial Oversight Board and Merritt Steirheim. He would like to clearly layout what those recommendations are, have our team evaluate the validity of each, put together a responsive plan that will address those recommendations, and get regular updates to the commission on a monthly basis, so the commission is clear about what is going on with the Financial Oversight Board and ensure the commission is abiding by the recommendations that are in the best interest off the City. Commissioner Riley said that he thought that Merrett Stierheim had stepped down so why is the City considering any recommendations from him. Commissioner Pigatt said that the reports are there and he wants to make sure that the City responds and is keeping a record of these actions. If anyone is saying that the City is not complying, there is a record of it to cover the City. Commissioner Riley asked if this includes any recommendations past, present, and for the future. Commissioner Pigatt said, "Yes." Commissioner Riley asked the city manager if there are recommendations that the City has not been complying with. City Manager Harrell said that the City has been complying with the recommendations from both parties and the board has said that some of Mr. Stierheim's recommendations did not apply or were not necessary. Additionally, what Commissioner Pigatt is asking for is difficult because of the staff shortage and all of the other responsibilities the City has; i.e. the budget, and the audits Commissioner Riley said that he does not know if this is necessary. He will yield to Commissioner Holmes. Commissioner Holmes said that sixty (60) years ago he heard his father referring to the white man as "Yessa Boss" and "Yessa Massa". The City needs to take charge of its self and not listen to the white man. He said that Mr. Stierheim does not love the City and the City does not need outsiders coming in; the City can do for itself. Vice Mayor Kelley said that Mr. Stierheim should be taken out of the item. The State is who will be working with the City for years so their recommendations are ongoing. He asked the city manager if this can be done on a monthly basis since she mentioned the limited staffing issue. City Manager Harrell said that at this time she does not see how this can be done, maybe in the near future, but not now. Commissioner Holmes said that the city manager should not have to do anything that Mr. Stierheim has recommended. He asked the city manager how much money the State has given to the City help with the financial crisis. City Manager Harrell said that the State has not given the City any money to help with the crisis. Commissioner Holmes asked how much money was in the bank. Regular Commission Meeting Minutes-4/12/2017 8 City Manager Harrell said that she does not know the exact amount, but there are millions in the bank. Commissioner Holmes said the State is not helping the City and the City is doing for itself. Commissioner Riley said that the Joint Legislative Auditing Committee had a meeting and it was addressed to them and they agreed to provide assistance. Vice Mayor Kelley said that it needs to be clarified that the State never intended to step in and give the City a check; they came in to provide technical assistance and oversight. If there was no oversight board, the City would have no assistance. If there was no oversight board, the money would have dried up, and vendors would have gone after the City a lot harder. Stop saying the board is not giving any money; they were never going to do it. There is money in the bank because of the cuts the employees had to take and the supplies that they cannot purchase, but the State was never going to give the City a blank check. The focus should not be on Mr. Steirheim, it should be on what the State is recommending moving forward. If the city manager is saying a monthly report is too time staking, then amend the resolution to reflect forty five days. Commissioner Holmes asked about the money that was to be used to finish the old city hall building. City Manager Harrell said that the funds were taken back, but the City went and explained what was going on and they approved the funding again. Commissioner Pigatt said that Executive Order 16-135 section 8 states that the City of Opa-locka shall fully comply with the governor in his efforts to provide technical assistance to the City. It also states that failure to comply with the terms of the agreement constitutes malfeasance, misfeasance, and neglect of duty. He is asking that the City protects itself by noting every single recommendation to ensure that there is nothing the state can use against the City. He wants to make sure that the City is on point. The purpose of this legislation is to make sure that we cover ourselves. Commissioner Riley said that it is too much for staff to go back to last June and there is no time for that right now. It will need more time to provide what is being asked. Vice Mayor Kelley said that he made an amendment to the resolution to allow forty five days to complete what is being asked. Commissioner Pigatt asked the city manager if forty five (45) days is sufficient to do what is being asked. City Manager Harrell said that forty five days will not be enough. Commissioner Pigatt asked the city manager how much time is needed to do what is being asked. City Manager Harrell said that she is not comfortable giving a time because there are so many other things going on right now. Commissioner Pigatt made an amendment that the first report include the first three months and Aprils recommendations. Every report after that will include the next three months and that current month. Regular Commission Meeting Minutes-4/12/2017 9 Vice Mayor Kelley said that while he agrees with what the sponsor is trying to do, the city manager clearly said that she does not have the staff to do it. Also, he is concerned that the sponsor has volunteered to do some of the work because it becomes complicated. He suggested starting the item next month because the staff needs to focus on gathering the audit information. Commissioner Pigatt accepted the amendment from the vice mayor. City Attorney Brown confirmed that the first report will be due on June 12, 2017. There being no further discussion, the motion on the resolution passed by a 3-2 vote. Commissioner Holmes No Vice Mayor Kelley Yes Commissioner Pigatt Yes Commissioner Riley Yes Mayor Taylor No 13. CONSENT AGENDA: 1 (13-2). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A MEMORANDUM OF UNDERSTANDING (MOU) WITH THE PEREZ ART MUSEUM MIAMI (PAMM) TO IMPLEMENT THE INSIDE/OUT PROGRAM AND 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 2 (13-4). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE BROWN LAW GROUP, LLC, TO REPRESENT THE CITY IN RE: G.F.M. OPERATIONS, INC., CASE NUMBER 17- 13067-AJC (EXHIBIT "A"); PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Attorney 3 (13-8). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, OPPOSING SENATE BILL 330 (SB330) AND ANY SIMILAR OR SUBSTITUTE LEGISLATION MANDATING THAT THE GOVERNING BODIES OF COUNTIES AND MUNICIPALITIES LIMIT THE LOCAL BUSINESS TAX FEE TO $25.00 AND ALSO PROHIBITING CITIES AND COUNTIES FROM LEVYING A LOCAL BUSINESS TAX IF THE TAX WAS NOT ADOPTED BY JANUARY 1sT, 2017. THE BILL ALSO CREATES NEW EXEMPTIONS FROM THE LOCAL BUSINESS TAX FOR VETERANS, SURVIVING SPOUSES OF VETERANS, SPOUSES OF INDIVIDUALS ON ACTIVE DUTY IN THE MILITARY, INDIVIDUALS RECEIVING PUBLIC ASSISTANCE AND INDIVIDUALS WHOSE HOUSEHOLD INCOME IS LESS THAN 130 PERCENT OF THE FEDERAL POVERTY LEVEL; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by Mayor Taylor Regular Commission Meeting Minutes—4/12/2017 10 4 (13-9). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, OPPOSING SENATE BILL 330 (SB330) AND ANY SIMILAR OR SUBSTITUTE LEGISLATION THAT WOULD PREEMPT THE LOCAL REGULATION OF BUSINESSES, PROFESSIONS, AND OCCUPATIONS TO THE STATE BY PROHIBITING LOCAL GOVERNMENTS FROM IMPOSING OR ADOPTING CERTAIN RULES, REGULATIONS, LICENSES, PERMITS, OR REQUIREMENTS, AND ANY ASSOCIATED FEES; THAT WOULD SUNSET EXISTING LOCAL REGULATIONS; OR THAT WOULD LIMIT LOCAL GOVERNMENTS IN MODIFYING OR IMPOSING ADDITIONAL REGULATIONS ON BUSINESSES, PROFESSIONS, AND OCCUPATIONS; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by Mayor Taylor 5 (13-10). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, URGING THE FLORIDA LEGISLATURE TO ENACT SB 276, HB 275 OR SIMILAR LEGISLATION THAT WOULD CREATE A STATE WORK OPPORTUNITY TAX CREDIT TO PROVIDE AN ADDITIONAL CREDIT AGAINST THE CORPORATE INCOME TAX FOR BUSINESSES THAT HIRE CERTAIN PERSONS CONVICTED OF A FELONY; AND PROVIDING FOR AN EFFECTIVE DATE AND ALL OTHER PURPOSES; 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 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 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 THE OPA-LOCKA CODE OF ORDINANCES, CHAPTER 11 GARBAGE AND TRASH; AMENDING SECTION 11-42 INCREASES; Regular Commission Meeting Minutes-4/12/2017 11 PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR ADOPTION OF ARTICLE; PROVIDING FOR AUTHORITY;; PROVIDING FOR CODIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR CONFLICT; PROVIDING FOR LIBERAL CONSTRUCTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by Commissioner Pigatt The above ordinance was read by Attorney Brown. Mayor Taylor opened the floor for a public hearing. There being no persons to speak on the public hearing and the floor was closed. It was moved by Commissioner Pigatt, seconded by Commissioner Riley for discussion. Commissioner Pigatt said that based on a review of the ordinances for trash situation, he came across where the City continues to increase the rate for 6% each year. He wants to know why and also is recommending that it be done based on the Consumer Price Index (CPI) which measures all wages, salaries and prices and not just a flat fee. Commissioner Riley said that the ordinance addresses private haulers. The City no longer has that; it is the county and they set their own rate. The ordinance means nothing at this time. Commissioner Pigatt asked the city manager if this is accurate. City Manager Harrell said that the county sets their own rates. Commissioner Pigatt said that even still the ordinance should be changed. Vice Mayor Kelley asked the city attorney if there was something that he was missing from the item. City Attorney Brown said that even though the county sets its own rates, there has to be a mechanism for the charge; you have to charge for the garbage, but that does not apply at this time. Vice Mayor Kelley asked why someone didn't mention to the sponsor that the item was moot. Commissioner Pigatt said that it is not a moot point. It is a law on the books, and it should be changed so that when the City is back in charge of the garbage, they will be charged based on a national amount and not a fixed rate decided by the City. Commissioner Riley withdrew his second. The motion died for the lack of a second. B. SECOND READING ORDINANCE(S)/PUBLIC HEARING: 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 Regular Commission Meeting Minutes—4/12/2017 12 PROCUREMENT, AUTHORIZING 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 (first reading held on March 08, 2017). Sponsored by City Manager The above ordinance was read by Attorney Brown. Mayor Taylor opened the floor for a public hearing. Former Commissioner Dorothy Johnson, 13724 NW 22nd Place, said that she sees a line item and wants to know what the amount is. City Manager Harrell said that she does not know the dollar amount at this time. There have been no franchise fees collected in seven (7) years and she does not know. If anything is received this year, it will be captured in a budget amendment. 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 for discussion. City Attorney Brown said that he provided the dais with a memorandum on April 7, 2017 that highlighted some of the concerns from the State; they called them overarching policy considerations. One of the concerns the State had was the fact that the award of the two were done via emergency purposes and his response was to sight chapter 2 article 6 section 2.320 (i) and Florida Statute 287.0573(a) which deals with emergency procurements. The award based on a franchise for a period of two years is a heavy investment to the City at this time. The State recommended a twelve (12) month term. They put forth the discussion between the waste haulers and staff and the commission has to decide whether to accept the policy concern with twelve (12) months or stick with the two (2) year term. Everything is laid out in the memorandum. Commissioner Riley said the commission threw out all of the RFP's so he is recommending putting it out for bid and allowing everyone to apply. Vice Mayor Kelley said that he had asked the city manager in an e-mail awhile back, how the City came up with the rates initially. He is concerned about this as both haulers have decided not to agree with the twelve (12) month term. He asked the city attorney for clarity on the item. City Attorney Brown said that the waste haulers are here and can explain for themselves. Jason Neal, 3401 NW 110 Street, Waste Management, Inc. of Florida, said that rates that were established were not arbitrary; they were the result of the RFP. The RFP was not awarded, but that is where the rates came from. Those rates were competitive; it was what the market bore during the RFP. Waste Management had the contract before Ecological and has always paid their franchise fees on time, they never had a problem. Ecological came in and had underbid knowing they could not sustain their operations because the rates were unrealistic. They have bent over backwards to assist the City and have spent funds preparing to collect even with no contract Regular Commission Meeting Minutes—4/12/2017 13 agreement in place. It is not that they refused the 12 month term; they just did not think it was appropriate being that he just heard the City entered into a five year term with the county. He hopes the board realizes the two year term is there for a reason, it was not arbitrary. Willie Hernandez, Great Waste Services, said that for transparency sake, he agrees with Jason and supports the issue based on those facts. Vice Mayor Kelley said that he expected to hear what was just said. He understands the process, but is concerned about the two years. If it was only one vendor for two years, it would have been different; he is concerned about this process. Commissioner Pigatt asked the waste haulers if they have been collecting money from the businesses as of yet. Mr. Neal said that they have begun submitting invoices for services. Commissioner Pigatt asked what will happen if the ordinance is not passed. City Manager Harrell said that if the agreement is not in place then the City cannot collect any franchise fees. Commissioner Pigatt said that Chief Inspector General Miguel told the City that they need to entertain and adopt the recommendations from the board for transparency. Vice Mayor Kelley said that he believes that this is orchestrated chaos. He asked the attorney if the process that is being done is not based on an emergency. City Attorney Brown said that is not what he said. The ordinance was amended to allow for multiple haulers and that was the only emergency. The award of the franchise was not done on an emergency basis and that is the difference. Had that been done, it would have been done in one meeting. Vice Mayor Kelley said that this is a challenge for him because he thought there was an actual emergency. City Attorney Brown said that the residents were complaining about trash piling up and trash from another waste haulers bin was being dumped out onto the ground. One hauler could not ramp up quick enough to alleviate the situation in the City and that is why there was the need for two haulers. The procurement for the two came by way of an emergency, but the awarding of the franchise did not. Vice Mayor Kelley said that from hearing this tonight, it could have totally been avoided. He understands that the garbage is out there, but he now learns that there was no emergency. Commissioner Riley said that the emergency ordinance that was passed in January is no longer valid according to the Charter. He said that he has a problem with the way that this was done. Mayor Taylor told the commissioner and the vice mayor that they are here now and asked if they had any recommendations. Regular Commission Meeting Minutes—4/12/2017 14 Commissioner Riley said that he already recommended opening it back up and allowing anyone with a license to apply. Vice Mayor Kelley said that his recommendation is to do a twelve (12) month term. The board also recommended twelve (12) months. He does not like to be in this position of deciding to go with the recommendation of the State or adhering to the waste haulers saying that twelve (12) months is not sufficient. He will go along with the city attorney's legal advice. Commissioner Pigatt said that he agrees with the vice mayor and he also does not like the position that they are in with choosing the waste haulers. He is grateful that the haulers began picking up the garbage without a contract and would like for this to be resolved in the best interest of the City. Mayor Taylor asked the city attorney what will happen if they do not go along with what the State has recommended and the State does not approve the ordinance. City Manager Harrell said that there is going to be garbage all over the place. Mayor Taylor said then the City can tell the State that they heard their recommendations, but it is in the best interest of the City to go with what the code says. City Attorney Brown said the City has adopted every recommendation made by the state except as it relates to the term. There being no further discussion, the motion on the ordinance passed by a 4-1 vote. Commissioner Pigatt Yes Commissioner Riley No Commissioner Holmes Yes Vice Mayor Kelley Yes 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 / CITY ZONING CODE ORDINANCE; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR CODIFICATION AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE; (first reading held on March 08, 2017). Sponsored by Commissioner Pigatt The above ordinance was read by Attorney Brown. Mayor Taylor opened the floor for a public hearing. There being no persons to speak on the public hearing and the floor was closed. It was moved by Commissioner Holmes, seconded by Commissioner Riley to pass the ordinance. There being no further discussion, the motion on the ordinance passed by a 5-0 vote. Regular Commission Meeting Minutes—4/12/2017 15 Commissioner Riley Yes Commissioner Holmes Yes Vice Mayor Kelley Yes Commissioner Pigatt 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, ARTICLE X, SIGN REGULATIONS; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR CODIFICATION AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE (first reading held on March 08,2017). Sponsored by Commissioner Pigatt The above ordinance was read by Attorney Brown. Mayor Taylor opened the floor for a public hearing. There being no persons to speak on the public hearing and the floor was closed. It was moved by Commissioner Holmes, seconded by Commissioner Riley to pass the ordinance. 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 4. 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 HISTORIC PRESERVATION TO REQUI.RE ARABIAN/MOORISH ARCHTECTURE MOTIFS FOR ALL NEW CONSTRUCTION EXECUTED ON PROPERTIES THAT WERE DESIGNATED AS HISTORIC AND LISTED ON THE FEDERAL HISTORIC REGISTRY THEN WERE GRANTED A CERTIFICATE OF APPROPRIATENESS FOR DEMOLITION; PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE (first reading held on March 22, 2017). Sponsored by Commissioner Pigatt The above ordinance was read by Attorney Brown. Mayor Taylor opened the floor for a public hearing. There being no persons to speak on the public hearing and the floor was closed. It was moved by Commissioner Riley, seconded by Commissioner Pigatt to pass the ordinance. Regular Commission Meeting Minutes—4/12/2017 16 There being no further discussion, the motion on the ordinance passed by a 4-1 vote. Vice Mayor Kelley No Commissioner Pigatt Yes Commissioner Riley Yes Commissioner Holmes Yes Mayor Taylor Yes C. RESOLUTIONS: 17. CITY MANAGER'S REPORT: City Manager Harrell said that she has provided a report to the commission and wanted to announced that the documents have been completed to receive a bus from the county; hopefully it will be presented at the next commission meeting. The county will visit all of the residents and explain the new bulk waste process when requesting a bulk waste pickup. The franchise fees that have been collected for the last twenty one (21) months that is due to the City is approximately five hundred eighty eight thousand dollars ($588,000.00) and it may increase when businesses have been identified that were not previously included. She thanked Pastor Smith and New Life for bringing the feeding program into the City to help the community. She advised the commission that each employee whose position was eliminated was given the same treatment to avoid any claim of mistreatment. Vice Mayor Kelley asked the city manager what was going on with the pool and the sinkhole. City Manager Harrell said that although it was not budgeted for, the amendment will allow some funding for the maintenance of the pool as this was not being done previously. The station was not constructed properly and that is what is causing the sinkhole. The State has advised the City to obtain quotes from at least three (3) vendors and then they can determine how to resolve the issue from there. Vice Mayor Kelley voiced his concern about the sinkhole being so close to the playground and then went on to ask how much the cost is for the maintenance of the pool? And how much will it cost to train staff to maintain the pool so that this issue can be avoided in the future. City Manager Harrell said that she will look into it. Vice Mayor Kelley asked about the other items on the list that he had requested. City Manager Harrell asked if there was anything else on the list that she may have overlooked. Vice Mayor Kelley said that there were more items. City Manager Harrell said that she will look into it and provide him with answers. Commissioner Pigatt asked why there was no funding for the maintenance of the pool. City Manager Harrell said that they could not find any funding to cover that, but realizes how serious it is to maintain it so that additional funding will not be needed if the situation gets worse. Regular Commission Meeting Minutes-4/12/2017 17 Commissioner Pigatt said that he wants the pool to be operation because there was a swimming program that came last summer and taught hundreds of kids CPR and gave swimming lessons. City Manager Harrell said that she is aware that the program is returning this summer and is working on adding it to the budget amendment. Mayor Taylor asked the city manager for the status on employee Eddie Altidore. City Manager Harrell said that he is still in critical condition. Mayor Taylor asked everyone to keep him in prayer. 18. OFFICIAL BOARD REPORTS: No reports at this time. 19. MAYOR/COMMISSION REPORT: Vice Mayor Kelley said that the Conversation on Education event was recently held and Dr. Gallon agreed to do it quarterly and suggested having a program for parents in the evening. Farm Share was also recently held and Feeding South Florida will be next Friday at Segal Park. He participated in the fatherhood initiative event on last week at Nathan B. Young Elementary. The National Day of Prayer will be held on Thursday, May 4, 2017. Commissioner Riley said that he met with the secretary of HUD and it went well. There will be a follow up meeting. Vice Mayor Kelley asked the attorney to answer the question he asked earlier about the employee that was laid off. City Attorney Brown said that the employee had no bumping rights and therefore the position will be defunded. Commissioner Riley said that the 2007 personnel rule was never repealed and the decision that was made cannot be appealed. Mayor Taylor thanked everyone that came out to the town hall meeting last night. She said there is going to be another one on the other side of town so that those residents can attend. Also, there will be an Easter Egg Hunt on Saturday, April 15, 2017 from 11:00 — 2:00 p.m. at Ingram Park. She again asked everyone to pray for Eddie Altidore who is in the hospital in critical condition. 20. OFFICIAL BOARD APPOINTMENTS: 21. ADJOURNMENT: There being no further business to come before the Commission, it was moved by Commissioner Holmes, seconded by Commissioner Riley to adjourn the meeting at 10:19 p.m. Regular Commission Meeting Minutes—4/12/2017 18 MAYOR ATTEST: CITY CLERK Regular Commission Meeting Minutes—4/12/2017 19