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Home My Public Portal About08-August 07, 2017 Special Commission Meeting Minutes CITY OF OPA-LOCKA "The Great City" CLERK'S ACTION SUMMARY MINUTES SPECIAL COMMISSION MEETING Monday,August 07, 2017 6:00 P.M. Sherbondy Village Auditorium 215 Perviz Avenue Opa-locka,FL 33054 1. CALL TO ORDER: Mayor Myra L. Taylor called the meeting to order at 6:00 p.m. on Monday, August 07, 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 B. Riley and Commissioner Matthew A. Pigatt. Also in attendance were: Interim City Manager Ed Brown, City Attorney Vincent T. Brown, and City Clerk Joanna Flores. Vice Mayor Joseph L. Kelley was not in attendance. 3. INVOCATION: The invocation was delivered by Mayor Myra L. Taylor. 4. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was recited in unison. 5. PUBLIC INPUT: Agenda Items Only Michael Pizzi, 6225 NW 154th Street, came before the commission to speak about the ongoing litigation with UWS. Mayor Taylor questioned Mr. Pizzi being allowed to speak on items not on the agenda. City Attorney Brown said that this has not happened before when someone can come and speak on other items during a special commission meeting. Mayor Taylor gave Pizzi the professional courtesy of speaking since they are/were both elected officials. Mr. Pizzi went on to say that only the commission and not the oversight board have the power to make the final decisions regarding contracts specifically the commercial franchise. Special Commission Meeting Minutes-8/07/2017 1 6. RESOLUTIONS: a. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AMENDING RESOLUTION NO. 17-9398 DELETING YVETTE HARRELL AS SIGNATORY AND ADDING ED BROWN (INTERIM CITY MANAGER) AND CHARMAINE PARCHMENT (FINANCE DIRECTOR) AS SIGNATORIES FOR ALL CITY FINANCIAL INSTITUTION ACCOUNTS; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Commission The above resolution was read by Attorney Brown. It was moved by Commissioner Riley, seconded by Commissioner Holmes to pass the resolution. There being no further discussion, the motion on the resolution passed by a 4-0 vote. Vice Mayor Kelley Not Present Commissioner Pigatt Yes Commissioner Riley Yes Commissioner Holmes Yes Mayor Taylor Yes Vice Mayor Kelley arrived at 6:09 p.m. b. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE PERMANENT NON-EXCLUSIVE EASEMENT AGREEMENTS (EXHIBIT "A") WITH: WALCAR INVESTMENT, LLC; VENEZUELA AUTO PARTS; JDL UNLIMITED INVESTMENTS, INC.; FELIX ISRAEL RODRIGUEZ; AAAA, INC.; AUTOMECHANIKA FRANKRUT, INC.; MUNICH AUROBAHN, INC.; 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 Vice Mayor Kelley for discussion. Vice Mayor Kelley said that this came up at the oversight board meeting and he wanted to know if it was the same issue on Cairo Lane. City Attorney Brown said, "Yes." Commissioner Pigatt asked the manager to defer the item so that he has time to review it. Mayor Taylor informed him that the rest of the commission already has knowledge of the easements; the commission needs to approve this item and it does not need to be held up any longer. Special Commission Meeting Minutes-8/07/2017 2 Commissioner Pigatt asked the manager to explain the item so he and the residents can understand the need for it. Interim City Manager Brown said the City has to move forward with this because it has been held up for a while and it is holding up utility projects. Commissioner Pigatt said that he cannot support the item at this time because he does not have sufficient information. There being no further discussion, the motion on the resolution passed by a 4-1 vote. Commissioner Pigatt No Commissioner Riley Yes Commissioner Holmes Yes Vice Mayor Kelley Yes Mayor Taylor Yes c. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE INTERIM CITY MANAGER TO PAY THE LAW OFFICES OF J. WILRY HICKS THE SUM OF $5,750.00 FOR WORK IN CONNECTION WITH THE PROCURMENT OF EASEMENTS ON CAIRO LANE; 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 asked the attorney if this was the only cost to the City associated with this project. City Attorney Brown said, "Yes." Commissioner Pigatt said that he got the chance to speak to the city attorney on this item and thinks that Attorney J. Hicks did a good job of explaining the process and moving the project forward. There being no further discussion, the motion on the resolution passed by a 5-0 vote. Commissioner Holmes Yes Vice Mayor Kelley Yes Commissioner Pigatt Yes Commissioner Riley Yes Mayor Taylor Yes d. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, APPROVING THE SETTLEMENT OF THE CHARGE FILED BY OMMATH ALBURY IN AN AMOUNT NOT TO EXCEED $7,750.00 AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE SETTLEMENT AGREEMENT AND GENERAL RELEASE, IN A FORM ACCEEPTABLE TO THE Special Commission Meeting Minutes—8/07/2017 3 CITY ATTORNEY, AND TAKE ALL ACTIONS NECESSARY TO IMPLEMENT THE TERMS AND CONDITIONS OF THE SETTLEMENT; 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. Vice Mayor Kelley said that he is concerned that this is the beginning of these types of suits. The City has to do a better job of handling employees so that this does not become a permanent issue where there is a cost to the City. Commissioner Pigatt asked why the City settled instead of giving it to the league to handle. City Attorney Brown said that the deductible for handling these suits is twenty five thousand dollars ($25,000.00). Negotiating a settlement was better than moving forward and end up having the City payout more money in the event that the City does not prevail. There being no further discussion, the motion on the resolution passed by a 5-0 vote. Commissioner Holmes Yes Vice Mayor Kelley Yes Commissioner Pigatt Yes Commissioner Riley Yes Mayor Taylor Yes 7. DISCUSSION/ACTION ITEM: a) Commercial Solid Waste Contracts Commissioner Riley said that he did not know that anyone would speak on this, but he had hoped there would have been a briefing on what went on during the negotiations before entering into an agreement with the waste haulers. Vice Mayor Kelley asked Commissioner Riley if his interpretation of what happened different from the attorneys. Commissioner Riley said that what the commission voted on had changes made to it so it should have been brought back to the commission for review and approval. City Attorney Brown said that in the documents it stated that it was subject to approval from the city attorney; the state was also okay with this. Vice Mayor Kelley said that he has an issue with changes being made and then submitted without the commission's knowledge. City Attorney Brown said that the state and the commission reviewed the information. Special Commission Meeting Minutes-8/07/2017 4 Commissioner Pigatt said that the commission approved that changes can be made and is only a minor change lowering the terms of the contract from three (3) years to one (1). He does not see where this is an issue. 8. ADJOURNMENT: There being no further business to come before the Commission, it was moved by Commissioner Holmes, seconded by Vice Mayor Kelley to adjourn the meeting at 6:51 p.m. 1 `, If • YOR ATTEST: 1 CITY CLERK Special Commission Meeting Minutes—8/07/2017 5