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HomeMy Public PortalAbout04-April 26, 2017 Regular Commission Meeting Minutes CITY OF OPA-LOCKA "The Great City" CLERK'S ACTION SUMMARY MINUTES REGULAR COMMISSION MEETING WEDNESDAY, April 26, 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 26, 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 Myra L. Taylor. 4. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was recited in unison. 5. AWARDS/PROCLAMATIONS/ACKNOWLEDGEMENTS: City Manager Harrell said that county representatives are here and available to address the efforts that have been taking place regarding solid waste. Anisha Daniels, Miami-Dade County, thanked the commission for the chance to come in and share what has been going on. Since taking over the solid waste operations on the residential side, there has been a low complaint rate, only receiving 16 complaints thus far. The complaints have been addressed either the first day or the next day. Information was passed out for the residents to know what to expect and when their pick up dates are. Code Enforcement Officers have also been out providing information to the residents; 311 is also available to answer questions. The county will continue to partner with the City and continue to provide services to the residents. • Commissioner Riley said that since January there were huge piles of garbage and the wind blew the trash all over. The bulk waste is also on the City's easement and not on the resident's property so they cannot be cited. He said that this is a unique problem with bulk trash and illegal dumping and something needs to be done. Regular Commission Meeting Minutes-4/26/2017 1 Vice Mayor Kelley said that he knew that something like this would happen. Luis Vargas, Solid Waste Management, said that the county is addressing the concerns and there is a process for illegal dumping. The county goes out and examines the piles and tries to determine who is responsible for the bulk and fine them so that the situation can be under control. If the residents see illegal dumping, they can call 311 and report it. Commissioner Pigatt asked how the bulk dumping comes about and what does the county do to prevent it. Ms. Daniels said that there is a hot spot list and it is updated when leads are called in and the areas are identified. Mr. Vargas said that the county also has an illegal dumping issue and his department is monitoring the hot spots and encourages the community to call in when these instances are observed. Commissioner Riley said that there should also be roll offs for people who are moving and clearing out houses to keep the piles from being so high. Mayor Taylor thanked the county for working with the City and asked that they hand out flyers so the residents can have the information. Commissioner Pigatt said that he would like a report from the manager of all of the hot spots where there are known illegal dumping piles. Mayor Taylor asked the manager to make sure that the notices go out to the residents. 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 13-1, 13-3, 13-5, 13-6, (Commissioner Pigatt); pulled 13-2 (Vice Mayor Kelley). A Request was made to amend the agenda as follows: NEW ITEMS: 14-1: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, RATIFYING THE DECLARATION OF AN EMERGENCY BY THE CITY MANAGER ON FEBRUARY 1, 2017 FOR THE PURPOSES OF AN EMERGENCY PURCUREMENT AND CERTIFYING HER WRITTEN FINDINGS; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager The above resolution was read by title by City Clerk Flores. It was moved by Commissioner Holmes, seconded by Commissioner Pigatt to amend the agenda to include the above resolution as item 14-1. Regular Commission Meeting Minutes—4/26/2017 2 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 7. APPROVAL OF AGENDA: It was moved by Commissioner Riley, seconded by Commissioner Holmes to approve the agenda, consent agenda and pull list. 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 8. APPROVAL OF MINUTES: A motion was made to defer the Regular Commission Meeting Minutes of March 08, 2017 It was moved by Commissioner Riley, seconded by Vice Mayor Kelley to move the approval of the minutes from the Regular Commission Meeting of March 08, 2017 to May 10, 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 9. DISTRICT ONE/DISTRICT TWO - COUNTY COMMISSIONER REPORT Larry Gardner, Commissioner Barbara Jordan's Office, District I, told Vice Mayor Kelley that he passed on information to the clerk's office about Mayor Gimenez's initiative for employment opportunities. He said that Commissioner Jordan is hosting a Music in the Park series on Friday, May 5, 2017 from 6:00— 9:00 p.m. at the Betty T. Ferguson Center. Vice Mayor Kelley said that he received the information and wanted to remind him to keep in mind any summer employment opportunities for youth also. Cedric Brazle, Commissioner Jean Monestime's Office, District II, said that there will be an event on May 13, 2017 called A Taste of Haiti that will be held at Miami Dade College. Regular Commission Meeting Minutes—4/26/2017 3 Commissioner Riley said that he has yet to receive a response to his request for a meeting with Commissioner Monestime. Mr. Brazle said that he was going to pull the commissioner aside and provide him with the information regarding a meeting. 10. PUBLIC PRESENTATION: Commissioner Pigatt announced that the 7th Grade class from Westview Middle School was unable to make it to the meeting and thanked them for the project that they did on illegal dumping in the City. 11. CITIZENS' INPUT: Marc Cooper, 14561 NW 26th Avenue, is requesting an appeal on the city manager denying his occupational license and he now owns a property he cannot do anything with. City Attorney Brown said that the ordinance that was in place when it was originally purchased has been changed and Mr. Cooper cannot be grandfathered in. He asked that the clerk schedule a public hearing within fourteen (14) days so that Mr. Cooper can come before the commission and present his case for consideration. It was agreed upon that a public hearing will be scheduled for Mr. Cooper. Henry Isaac, 990 Arabia Avenue, said that he recently began developing economic development fairs around the country and would like the commission to connect him with their colleagues in other municipalities for the betterment of their cities. Mayor Taylor said that there is something in the works for that, but she cannot provide any information tonight. Commissioner Riley apologized to Mr. Isaac for not getting back to him sooner. 12. ACTION ITEMS: 1 (13-1). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, APPROVING THE SEPERATION AGREEMENT FOR THE CITY MANAGER, YVETTE HARRELL; 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, (Mayor Taylor relinquished the gavel to Vice Mayor Kelley) seconded by Mayor Taylor for discussion. Commissioner Pigatt said that on August 12, 2017, three minutes into the meeting, the mayor made a statement directed at him that she deferred the item because he had something to do with the backup documents attached to the resolution and it constituted a back door situation that she did not care for. The statement is a direct violation of Section 2-58 on decorum. He gave the Regular Commission Meeting Minutes—4/26/2017 4 back story on how the legislation came about and asked the mayor what has changed from the last commission meeting to now with the resolution. Commissioner Holmes called a point of order and told the mayor that she did not have to respond to the question. Vice Mayor Kelley ruled on the point of order and said that the question was valid and the mayor can respond if she wants to. Mayor Taylor said that when she made her statement Commissioner Pigatt did not deny that he did not do anything, he referred to the attorney. Commissioner Riley called a point of order and told the mayor she did not answer the question. He asked the question again. Mayor Taylor said that the entire document has changed and that is not what the manager had agreed with. She asked the manager to explain the changes. City Manager Harrell explained that the general release had changed. Mayor Taylor said that since the original document changed and she was not going to allowed to go forth. Commissioner Pigatt said that he was falsely accused of back door dealings by the mayor and her item is giving the manager the right to sue the City for severance and that is wrong. He asked that the original item is voted on for the separation agreement and a report about the work that was done with the oversight board and Merritt Stierheim be completed. Mayor Taylor said that since Commissioner Pigatt was not the sponsor, then as a courtesy, he should have let the sponsor know what he would like to have changed in it and that should have been done through the attorney. Commissioner Holmes said that some people on the dais do not have respect for the manager or themselves. Everyone needs to do the right thing and be fair. He told the attorney that if the commission is not conducting themselves in order on the dais that he should let them know. City Attorney Brown said that the discussion that is taking place is not a legal discussion, it is a factual discussion on what transpired with the situation. A point of order is what the commission uses to govern the meeting. He cannot or will not make determinations on factual issues as to how they treat one another. Commissioner Holmes asked to call for the vote. Commissioner Riley said the agreement is a part of the resolution for agenda item one. The constitution states that a person has the right to sue as everyone has access to the courts. The agreement cannot force anyone to sign and they cannot sue, it is their right. Commissioner Pigatt asked the city clerk when the agenda packet for August 12, 2017 was given to the commission. City Clerk Flores said the Friday before the commission meeting. Regular Commission Meeting Minutes-4/26/2017 5 Commissioner Pigatt said that means the mayor received her packet five days before the meeting and had ample time to review the information. He apologized to Commissioner Holmes if he thought that he was giving any kind of attitude on the dais. He repeated his statement about the backup document changing and read the changes. Vice Mayor Kelley said that he never likes to receive information at the last minute. He asked whoever provided the document what the total amount was for the retroactive payment in the agreement. Finance Director Charmaine Parchment said that the total amount is twenty thousand one hundred and fifty one dollars and forty eight cents ($20,151.48). When all of the benefits are included, it comes up to twenty six thousand dollars ($26,000.00). Vice Mayor Kelley said that the document for the salary says eighty five thousand ($85,000.00) and the commission just passed a resolution for one hundred and twenty five thousand dollars ($125,000.00). He asked where the third amount comes from that is shown on the document. Finance Director Charmaine Parchment said the amount is the ten percent (10%) reduction according to the budget. Vice Mayor Kelley said that it is not a secret that he thought the manager was not experienced enough to run the City, but the commission decided to vote for her anyway. He said that the manager should not receive any retro pay she is not entitled to. This will set a precedence for everyone else to be paid money they are not entitled to because the new amount that was passed has not even been approved as of yet. Commissioner Riley said that it does not set a precedence because the money was put in the budget less the ten percent (10%), anything else is misleading. Vice Mayor Kelley said that it was very challenging working with the manager and he will not support giving her money she is not entitled to because it sends the wrong message. Commissioner Holmes said two years ago they paid over one hundred thousand dollars and gave the former manager a brand new truck to drive after he was fired, but they are giving the current manager a hard time with her separation agreement. Commissioner Pigatt asked for an amendment to the item. Vice Mayor Kelley called for the vote. There being no further discussion, the motion on the resolution passed by a 3-2 vote. Commissioner Pigatt No Commissioner Riley Yes Commissioner Holmes Yes Vice Mayor Kelley No Mayor Taylor Yes Regular Commission Meeting Minutes-4/26/2017 6 Commissioner Riley said that the audience should not comment on the decisions of the commission. He then stated that if someone works, then they should be compensated for the work they do. He also noted previous manager who was given many perks when he was hired. Vice Mayor Kelley said that he is tired of talks about the previous manager from two years ago. The commission voted 3-2 to give him all of those perks and he did not support then. He will never support anyone getting those kinds of perks so they need to stop mixing apples and oranges. 2 (13-2). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY CLERK TO ADVERTISE THE CITY MANAGER POSITION AND ADOPTING A PROCEDURE FOR THE HIRING OF A NEW CITY MANAGER; 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. Commissioner Pigatt said that under the City code Section 2-84, it says that they shall be a five (5) member search committee for the purposes of selecting a city manager. He suggested that the commission appoint a search committee; and ask the state and the county to recommend someone to serve on the committee so the best person for the job can be selected. Commissioner Riley said that the wording in the resolution states that the manager's position is restricted to the State of Florida and this should not be so. Also, the county or the state cannot appoint anyone, they can only recommend them. Commissioner Pigatt amended the resolution to reflect Commissioner Riley's observations. Mayor Taylor said that the code does not state that someone is selected at the recommendation of the county nor the state and she wants to follow the code. Vice Mayor Kelley said he understands the need for putting it out and not limiting the search to Florida. He suggested that this is a time sensitive matter and the commission should just select the committee to save time. He asked to remove items two and three of the resolution. Commissioner Pigatt said that there should be a special call meeting next week and the county and the state can recommend people and then the commission can vote on the ones who are selected; that is in line with the code. Mayor Taylor said Section 2-84 states that the commission is the selection committee to search out and take resumes from the applicants and she is going to stay with the code. There being no further discussion, the motion on the resolution failed by a 4-1 vote. Commissioner Riley No Vice Mayor Kelley No Commissioner Pigatt Yes Regular Commission Meeting Minutes-4/26/2017 7 Commissioner Holmes No Mayor Taylor No 3 (13-3). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, ESTABLISHING MAY 10, 2017 AS THE DATE ON WHICH THE CITY COMMISSION WILL APPOINT AN INTERIM CITY MANAGER, ESTABLISH A TERM OF APPOINTMENT AND SET COMPENSATION; 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 Commissioner Riley, seconded by Commissioner Holmes for discussion. Commissioner Riley said that the point of the resolution is for the commissioner to appoint an interim manager and then give the commission time to select a permanent manager. Vice Mayor Kelley said that he thinks that six (6) months is too long and even if it was three (3) months, it will allow the commission to do what it needs to do. He recommended an amendment to lower the time Commissioner Riley said that he does not have a problem with it and that is why the resolution says "up to six (6) months". Vice Mayor Kelley said that historically when dates are put further down, the commission tends to take its time to make a selection. Commissioner Riley accepted the amendment. Commissioner Pigatt said that he is against the resolution because it may not allow for the hiring process to go through as it should and the City needs to hire the best person for the position as soon as possible. There being no further discussion, the motion on the resolution passed by a 4-1 vote. Commissioner Holmes Yes Vice Mayor Kelley Yes Commissioner Pigatt No Commissioner Riley Yes Mayor Taylor Yes 7 (13-5). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO SETTLE, SATISFY, AND EXECUTE LIEN RELEASES IN MITGATION OF WATER AND SEWER LIENS ON PROPERTIES LOCATED AT 14255, 14265, 14305, 14315, 14325, 14335, 14345 AND 14355 NW 22ND AVENUE, OPA-LOCKA, FLORIDA, IN THE AMOUNT OF $57,976.51; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager Regular Commission Meeting Minutes—4/26/2017 8 The above resolution was read by Attorney Brown. It was moved by Commissioner Riley, seconded by Commissioner Holmes for discussion. Commissioner Pigatt said that he pulled the item because he did not receive any backup documents on it. There was information that he wanted and it was not given so he cannot make a sound decision at this time. City Attorney Brown said that Former City Manager David Chiverton had drafted an agreement in 2015 and the owners were operating under that. He told them the agreement was null and void and the City will not be honoring it Vice Mayor Kelley asked how the item got on the agenda. City Attorney Brown said the owners had been communicating with staff over the last month because the property is up for sale and they were discussing code enforcement and water utility liens. Thursday he met with them for about three hours verifying each lien and the amount of the each. They decided to settle the water utility lien so staff vetted every lien on the code enforcement side and saw that all of the liens had been satisfied and there were no issues. This number is their proposal to settle the lien. Vice Mayor Kelley said that he will not support the item. If they owe then they need to pay what is owed. Commissioner Pigatt asked for the information so that he can review it. Commissioner Riley withdrew his motion. The item was deferred by City Manager Harrell. Mayor Taylor left the meeting at 9:10 p.m. 13. CONSENT AGENDA: 1 (13-4). 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 ARTS ACADEMY OF EXCELLENCE, INC., IN A FORM THAT IS ACCEPTABLE TO THE CITY ATTORNEY, TO RENEW THE CURRENT LEASE FOR TWO (2) YEARS COMMENCING ON MAY 15, 2016 THROUGH JUNE 30, 2019; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager 2 (13-7). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, RETROACTIVELY AUTHORIZING THE BROWN LAW GROUP, LLC, TO REPRESENT THE CITY OF OPA-LOCKA IN JOSEPH SPIEZIO, III AND UNIVERSAL WASTE SERVICES, INC. ET AL VS CITY OF OPA-LOCKA, CASE Regular Commission Meeting Minutes—4/26/2017 9 NUMBER 2017-004131-CA-Ol; 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, RETROACTIVELY AUTHORIZING HOLLAND AND KNIGHT, LLP, TO REPRESENT THE CITY OF OPA-LOCKA IN JOSEPH SPIEZIO, III AND UNIVERSAL WASTE SERVICES, INC. ET AL VS CITY OF OPA-LOCKA, CASE NUMBER 2017-004131-CA-Ol; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Attorney 4 (13-9). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, DIRECTING THE CITY MANAGER TO CONDUCT AN EVALUATION OF THE CITY STREET'S THAT ARE IN NEED OF REPAIR AND TO BRING BACK A REPORT WITHIN 60 DAYS OF THE ADOPTION OF THIS RESOLUTION; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by Myra Taylor 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 4-1 vote. Vice Mayor Kelley No Commissioner Pigatt Yes Commissioner Riley Yes Commissioner Holmes Yes Mayor Taylor Yes 14. NEW ITEMS: 1: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, RATIFYING THE DECLARATION OF AN EMERGENCY BY THE CITY MANAGER ON FEBRUARY 1, 2017 FOR THE PURPOSES OF AN EMERGENCY PURCUREMENT AND CERTIFYING HER WRITTEN FINDINGS; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager The above resolution was read by title by Attorney Brown. It was moved by Commissioner Holmes, seconded by Commissioner Pigatt to pass the resolution. There being no discussion, the motion passed by a 3-1 vote. Commissioner Pigatt Yes Commissioner Riley Yes Commissioner Holmes Yes Vice Mayor Kelley Yes Regular Commission Meeting Minutes—4/26/2017 10 Mayor Taylor Not Present 15. PLANNING & ZONING: A. HEARINGS: B. APPEALS: 16. ORDINANCES/RESOLUTIONS/PUBLIC HEARING: A. FIRST READING ORDINANCE(S): B. SECOND READING ORDINANCE(S)/PUBLIC HEARING: C. RESOLUTIONS: 17. CITY MANAGER'S REPORT: City Manager Harrell said that she has provided a report to the commission and is ready to answer any questions they may have. 18. OFFICIAL BOARD REPORTS: No reports at this time. 19. MAYOR/COMMISSION REPORT: Vice Mayor Kelley said that improvements need to be made of at Ingram Park. It is not a reflection on Mr. Brown or parks staff, but he will be meeting with the manager to discuss possible improvements. Commissioner Pigatt said that he agrees with the vice mayor. There was an event there and he visited and was embarrassed by the condition of the park. Also the sign over at Sherbondy park is missing the "S" and that needs to be addressed as well. Vice Mayor Kelley invited everyone to the "National Day of Prayer" event on Thursday, May 4, 2017 at Sherbondy Village at 12: 00 p.m. Career Source is going to assist with the efforts for the summer jobs; they will not be providing funding. City Attorney Brown announced the on Tuesday, May 2, 2017 at 11:00 a.m. there will be an executive session held to discuss the settlement between the City and UWS regarding the public records lawsuit. He said that he will provide the commission will an envelope containing the settlement amount. Commissioner Pigatt thanked the attorney for making sure the lawsuit against the manager and the attorney was dropped. City Attorney Brown said that the kudos goes to the attorneys that were hired and the work they did; you get what you pay for. Regular Commission Meeting Minutes-4/26/2017 11 20. OFFICIAL BOARD APPOINTMENTS: 21. ADJOURNMENT: There being no further business to come before the Commission, it was moved by Commissioner Riley, seconded by Commissioner Pigatt to adjourn the meeting at 9:28 p.m. ff , -d M:YOR ATTEST: 1741[1,K.Kcx. 1.; CITY CLERK Regular Commission Meeting Minutes-4/26/2017 12