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HomeMy Public PortalAbout01-January 10, 2018 Regular Commission Meeting CITY OF OPA-LOCKA "The Great City" CLERK'S ACTION SUMMARY MINUTES REGULAR COMMISSION MEETING WEDNESDAY, January 10, 2018 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, January 10, 2018 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 Ed Brown, City Attorney Vincent T. Brown, and City Clerk Joanna Flores. 3. INVOCATION: The invocation was delivered by Vice Mayor Joseph L. Kelley. 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: withdraw 13-1 and 13-10 (City Manager Brown); defer 13-11 (Vice Mayor Kelley); pulled 13-4, 13-5, 13-6, 13-7, and 13-9 (Commissioner Pigatt). 7. APPROVAL OF AGENDA: It was moved by Vice Mayor Kelley, seconded by Commissioner Riley 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 Regular Commission Meeting Minutes—1/10/2018 1 Commissioner Pigatt Yes Mayor Taylor Yes 8. APPROVAL OF MINUTES: Regular Commission Meeting Minutes —October 11, 2017 It was moved by Vice Mayor Kelley, seconded by Commissioner Holmes to approve the minutes from the Regular Commission Meeting of October 11, 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 9. DISTRICT ONE/DISTRICT TWO - COUNTY COMMISSIONER REPORT: Larry Gardner, Commissioner Barbara J. Jordan's Office, District I, wished the dais a Happy New Year and announced the Mom and Pop Grant Program that Commissioner Jordan is hosting again this January. Mayor Taylor and Commissioner Riley wished Mr. Gardner and Commissioner Jordan a Happy New year as well. 10. PUBLIC PRESENTATION: 1. Ygrene Energy Fund PACE Program in Opa-locka Ricardo Rodriguez, 33190 Mary Street, Suite 124, made a presentation regarding the PACE Program. 11. CITIZENS' INPUT: Brian Dennis, 821 NW 54th Street, distributed documents to the commission detailing communications between him and City Manager Brown in which the manager was feeding him information for the articles he wrote. Alvin Burke, 1240 Jann Avenue, said that he is amazed at the things that go on in the City. He asked the commission where in the ordinances it said that the City can have a strip club. It is a shame that when one of the commissioners are doing something, the rest do not say anything or get involved. Former Commissioner Dorothy Johnson, 13724 NW 22nd Place, said that she agrees with the prior resident regarding the strip club. She said that it sneaked in under the guise of being something else and that is not right. She also said that she heard that monies were found and any money that has come available should benefit the taxpayers. Regular Commission Meeting Minutes—1/10/2018 2 Mark Ameda, 3150 NW 135t" Street, said that he does not agree with the amount on resolution 6 and asked for clarity from the attorney. City Attorney Brown said that the owner had not done a lien search on the property and purchased the land while it had the Code Enforcement liens on it. He is disputing it after the fact and nothing can be done at this time. Ian Bachekauf, Attorney for Republic Metals, said that he has attended several meetings and wants to remind the commission to make the repairing of Cairo Lane a priority because his client is losing business. Antonio (inaudible), 1355 Ali-Baba Avenue, said that he read an article that spoke on the corruption that was going on in the City. He asked that the City hire Antonio Brooklyn to work at the police department in any capacity because he is a good man despite what is being said about him in the news. Natasha Ervin, 670 Dunad Avenue, said she likes the new floor in the auditorium. She said she had a 2018 wish list, but after speaking to Mr. Green she will hold off on what she had to say for now. 12. ACTION ITEMS: 1 (13-4). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, APPROVING CITY MANAGER ED BROWN'S EMPLOYMENT CONTRACT; 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 Mayor Taylor for discussion. Commissioner Pigatt said that he reviewed the contract with several other attorneys to determine if it is good for the City. He asked Commissioner Riley if an attorney was consulted with the drafting of the contract. Commissioner Riley said it was viewed by several attorneys. Commissioner Pigatt said that he wants to go through the contract line by line starting with the term of 3 years being too long when the manager has no experience as a city manager. Commissioner Riley said that term is for consistency as was recommended by the state since there have been several managers in a short period of years. Commissioner Holmes told Commissioner Pigatt that if he thinks the term is too long, then he can make a recommendation. A motion was made by Commissioner Pigatt to amend the contract to include a term of 12 months and then an evaluation will follow. Regular Commission Meeting Minutes—1/10/2018 3 The motion died for a lack of a second. A motion was made by Commissioner Holmes to amend the contract to include a term of 24 months and then an evaluation will follow. It was seconded by Commissioner Pigatt to pass the amendment. There being no further discussion, the motion on the amendment failed by a 3-2 vote. Vice Mayor Kelley No Commissioner Pigatt Yes Commissioner Riley No Commissioner Holmes Yes Mayor Taylor No A motion was made by Commissioner Pigatt to amend the contract to lower the severance pay from 20 weeks to 4 weeks and the contract to have a starting date retroactively to the date that the manager was hired which is August 22, 2017. There being no further discussion, the motion on the amendment failed by a 3-2 vote. Vice Mayor Kelley No Commissioner Pigatt Yes Commissioner Riley No Commissioner Holmes No Mayor Taylor Yes A motion was made by Commissioner Pigatt to amend the contract to remove section 2(i). The motion died for the lack of a second. A motion was made by Commissioner Pigatt to amend section 3(a) of the contract to leave the manager's base salary at $125,000.00. The motion died for the lack of a second. A motion was made by Commissioner Pigatt to amend the contract to reduce the 18% retirement contribution back to the 16% that is the standard for the City. It was seconded by Holmes to pass the amendment. There being no further discussion, the motion on the amendment failed by a 3-2 vote. Vice Mayor Kelley No Commissioner Pigatt Yes Commissioner Riley No Commissioner Holmes Yes Mayor Taylor No A motion was made by Commissioner Pigatt to amend the contract to remove section 4(b). Regular Commission Meeting Minutes—1/10/2018 4 The motion died for the lack of a second. A motion was made by Commissioner Pigatt to amend the contract to reduce the vacation days from 25 to 15. The motion died for the lack of a second. A motion was made by Commissioner Pigatt to amend the contract to change section 9(a) from 60 days to 20 weeks from the date of separation. The motion died for the lack of a second. A motion was made by Commissioner Pigatt to amend the contract to change section 13 to require the manager to inform the commission of all outside activities. The motion died for the lack of a second. A motion was made by Commissioner Pigatt to amend the contract to require the manager to inform the commission of all outside activities and include them in the contract. The motion died for the lack of a second. A motion was made by Commissioner Pigatt to amend the contract to include that the City will not defend any illegal or unethical actions taken by the city manager. It was seconded by Commissioner Riley to pass the amendment. There being no further discussion, the motion on the amendment passed by a 4-1 vote. Vice Mayor Kelley No Commissioner Pigatt Yes Commissioner Riley Yes Commissioner Holmes Yes Mayor Taylor Yes A motion was made by Commissioner Pigatt to amend the contract to remove section 16(b). It was seconded by Mayor Taylor to pass the amendment. There being no further discussion, the motion on the amendment failed by a 4-1 vote. Vice Mayor Kelley No Commissioner Pigatt Yes Commissioner Riley No Commissioner Holmes No Mayor Taylor No A motion was made by Commissioner Pigatt to amend the contract to remove section 8(2). The motion died for the lack of a second. Regular Commission Meeting Minutes—1/10/2018 5 Commissioner Riley made an amendment to strike the word "shall" and insert the word "may" in section 16(b). It was seconded by Mayor Taylor to pass the amendment. There being no discussion, the motion on the amendment passed by a 4-1 vote. Vice Mayor Kelley No Commissioner Pigatt Yes Commissioner Riley Yes Commissioner Holmes Yes Mayor Taylor Yes Vice Mayor Kelley explained that he voted no on every amendment because he does not believe at this time that the manager needs a contract to do the job that he is doing. The City does not need that at this time and he can work without it. There being no further discussion, the motion on the resolution failed by a 2-2 vote. Vice Mayor Kelley No Commissioner Pigatt No Commissioner Riley Yes Commissioner Holmes Not Present Mayor Taylor Yes 2 (13-5). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, APPROVING THE PROPOSED LIEN SETTLEMENT WITH CASTLE OPA, LLC FOR THE CUYAHOGA PROPERTY SITE, LOCATED AT 1700 SERVICE ROAD, OPA-LOCKA, FLORIDA, RESULTING IN A 25% REDUCTION OF THE $261,000.00 LIEN AMOUNT TO $195,000.00, WITH A PAYMENT OF $150,000.00 UPON CITY COMMISSION APPROVAL TO BE PAID BY JANUARY 15, 2018 AND THE $45,000.00 BALANCE TO BE PAID OVER AN 18 MONTH PERIOD UNTIL JUNE 30, 2019; ANY UNPAID BALANCE AS OF JUNE 30, 2019 CAUSES THE LIEN TO REVERT TO THE ORIGINAL AMOUNT OF $261,000.00 WITH THE REMAINING UNPAID BALANCE TO BE PAID NO LATER THAN JULY 31, 2019; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager No action was taken on this item. 3 (13-6). 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 MITIGATION OF WATER AND SEWER LIENS ON THE PROPERTY LOCATED AT 3150 NW 135TH STREET, OPA-LOCKA, FLORIDA IN THE AMOUNT OF $21,183,72; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager No action was taken on this item. Regular Commission Meeting Minutes—1/10/2018 6 4 (13-7). 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 MITIGATION OF CODE ENFORCEMENT LIENS ON PROPERTY LOCATED AT 2161 WILMINGTON STREET, OPA-LOCKA, FLORIDA, IN THE AMOUNT OF $15,327.21; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager No action was taken on this item. 5 (13-9). A RESOLUTON OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO PIGGYBACK ON THE CITY OF NORTH MIAMI'S BID WITH BIDERA LLC AND ENTER INTO AN AGREEMENT FOR THE DISPOSAL OF SURPLUS PROPERTY, IN A FORM THAT IS ACCEPTABLE TO THE CITY ATTORNEY; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager No action was taken on this item. 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 AN AGREEMENT WITH THE OFFICE OF THE STATE ATTORNEY FOR THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA TO REIMBURSE THE STATE FOR THE COST OF STATE ATTORNEY PROSECUTION OF CERTAIN CRIMINAL VIOLATIONS OF THE CITY OF OPA-LOCKA CODE OF ORDINANCES; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE (deferred from 12/13/2017). Sponsored by City Manager 2 (13-3). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, RETROACTIVELY APPROVING EARLY MEDIATION WITH MEDIATOR ELLEN LEESFIELD IN GEORGE SUAREZ ET AL VS. CITY OF OPA- LOCKA AT A COST NOT TO EXCEED $1,000.00; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE (deferred from 12/1.3/2017). Sponsored by City Attorney 3 (13-8). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT 1 TO THE DW13020 LOAN AGREEMENT WITH THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION RELATING TO THE STATE REVOLVING FUND (SRF) LOAN PROGRAM FOR DRINKING WATER FACILITIES; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager The above resolutions were read by Attorney Brown. The motion passed by a 5-0 vote. Commissioner Holmes Yes Regular Commission Meeting Minutes—1/10/2018 7 Vice Mayor Kelley Yes Commissioner Pigatt Yes Commissioner Riley Yes Mayor Taylor Yes 14. NEW ITEMS: 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 AMENDING CHAPTER 2, ARTICLE XI, DIVISION V - CIVIL SERVICE BOARD OF THE CITY OF OPA-LOCKA CODE OF ORDINANCES; 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 Commissioner Riley No action was taken on this item. 2. AN ORDINANCE OF THE CITY COMMISSION OF OPA-LOCKA, FLORIDA, AMENDING THE OPA LOCKA CODE OF ORDINANCES, CHAPTER 2 ADMINISTRATION; DELETING SEC. 2-445. - STATE LANDLORD-TENANT ACT ADOPTED.; 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; AND PROVIDING FOR EFFECTIVE DATE. Sponsored by Commissioner Riley No action was taken on this item. B. SECOND READING ORDINANCE(S)/PUBLIC HEARING: 1. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AMENDING CHAPTER 3 OF THE CODE OF THE CITY OF OPA-LOCKA ENTITLED "ADVERTISING", BY AMENDING ARTICLE II, ENTITLED "SIGNS", BY AMENDING SECTION 3-24 ENTITLED "MAXIMUM SIZE" TO INCLUDE POLE SIGNS; 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; AND PROVIDING FOR AN EFFECTIVE DATE (first reading/public hearing held on December 13, 2017). Sponsored by Commissioner Riley Regular Commission Meeting Minutes—1/10/2018 8 No action was taken on this item. C. RESOLUTIONS: 1. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, RESCINDING RESOLUTION NO. 16-9277 THAT AMENDED THE CITY ATTORNEY AGREEMENT WITH THE BROWN LAW GROUP, LLC EXTENDING THE TERM OF THE AGREEMENT FOR AN ADDITIONAL TWO (2) YEARS UNTIL FEBRUARY 5, 2019; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by Commissioner Riley No action was taken on this item. 17. CITY MANAGER'S REPORT: A. Financial Emergency Board Update B. Glorietta Apartments C. Update on Cultural Arts Center D. Water Bills E. Roads, Streets and Infrastructure Projects Mayor Taylor and Commissioner Riley left at 9:33 p.m. The remaining members of the dais discussed whether or not to adjourn the meeting. Mayor Taylor returned to the dais at 9:37 p.m. Commissioner Riley returned to the dais at 9:40 p.m. Mayor Taylor, Commissioner Riley, and Commissioner Holmes left at 9:49 p.m. 18. OFFICIAL BOARD REPORTS: No reports at this time. 19. MAYOR/COMMISSION REPORT: 20. OFFICIAL BOARD APPOINTMENTS: 21. ADJOURNMENT: There being no further business to come before the Commission, it was moved by Vice Mayor Kelley, seconded by Commissioner Pigatt to adjourn the meetin at 9:49 p.m. MAYOR Regular Commission Meeting Minutes—1/10/2018 9 ATTEST: CITY CLERK Regular Commission Meeting Minutes—1/10/2018 10