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HomeMy Public PortalAbout01-January 12, 2018 Special Commission Meeting CITY OF OPA-LOCKA "The Great City" CLERK'S ACTION SUMMARY MINUTES SPECIAL COMMISSION MEETING Friday,January 12, 2018 1:00 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 1:00 p.m. on Friday, January 12, 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 John B. Riley and Commissioner Matthew A. Pigatt. Also in attendance were: City Manager Ed Brown, City Attorney Vincent T. Brown, and City Clerk Joanna Flores. Commissioner Timothy Holmes 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 Commissioner Riley began to discuss item 6(a) and what happened with it at the last meeting. Commissioner Pigatt called a point of order and pointed out that the item was being discussed, but had not been read into the record. Mayor Taylor ruled on the point of order and directed the attorney to read the item into the record for discussion. 6. RESOLUTION: (a) 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 Commissioner Riley Special Commission Meeting Minutes—01/12/2018 1 The above resolution was read by Attorney Brown. It was moved by Commissioner Riley, seconded by Mayor Taylor for discussion. Commissioner Riley pointed out that the resolution was nondiscriminatory and the terms, conditions and compensation are as they were before. Commissioner Pigatt asked Commissioner Riley what he meant with his last statement. Commissioner Riley said that Resolution No. 17-9437 confirmed the manager's employment. Commissioner Pigatt asked that the changes made to the contract on Wednesday be read in to the record. Commissioner Riley read that the changes to the contract went from 36 months to 30 months; the retirement participation plan went from 18% to 16%. He mentioned that the last four manager's had several other perks that are not in this contract and that is savings to the City. Also, some of the previous had severance pay and car allowances long after they had separated from the City. Section 14 has been adjusted as well. Commissioner Pigatt asked the sponsor if anyone else looked at the contract as to legal sufficiency. Commissioner Riley said that he had an attorney look at the contract and there is nothing wrong with it. He did not have the city attorney review it because the state had questioned his own contract. Commissioner Pigatt asked if Commissioner Riley had seen the recommendations from the state regarding the manager's contract. Commissioner Riley said, "Yes." Commissioner Pigatt asked why the commissioner did not include any of the recommendations in the contract. Commissioner Riley said that the recommendations from the state is their opinion and does not have to be included in the contract. The state said that the contract is a template for review and not a model. Commissioner Pigatt said that because of the financial agreement with the state, the City should not enter into a long term contract at this time and the terms of the contract should be lessened. He does not support this contract at this time. The state has said that the manager can be employed with the City without it; it is unfair to the residents and leaves the City open to potential liability. He gave thanks for the oversight board that will most likely not approve this resolution. Commissioner Riley said that the manager is the fifth manager since 2015 and for continuity he proved a contract accordingly. He asked what the budget was for 2017 — 2018 for the manager's office. Special Commission Meeting Minutes—01/12/2018 2 Assistant City Manager/Budget Administrator Ernesto Reyes said that there was a breakdown of all salaries for the manager's office and it was approved by the oversight board. Commissioner Riley said that the duties for the manager include the five year recovery plan and the budget. This agreement mirrors previous manager agreements so he does not understand what makes it illegal. It has some of the recommendations from the state and it coincides with past agreements. Mayor Taylor asked Commissioner Riley if he wanted the resolution ratified to determine the terms and conditions for unemployment. Commissioner Riley said, "Yes." Vice Mayor Kelley said that how he feels about this item is on record from the last meeting. There being no further discussion, the motion on the resolution failed by a 2-2 vote. Commissioner Pigatt No Commissioner Riley Yes Commissioner Holmes Not Present Mayor Taylor Yes Vice Mayor Kelley No (b) 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 The above resolution was read by Attorney Brown. Mayor Taylor apologized to the company for being present at the last meeting regarding Cuyahoga, but the item had not been discussed. It was moved by Vice Mayor Kelley, seconded by Commissioner Riley for discussion. Vice Mayor Kelley said that he is glad something is finally moving forward with the Cuyahoga Property. It has been talked about for years, but nothing has happened. He had made his concerns clear that he does not want to see trucking going down residential areas. He was told that there would be a cut out from State Road 9 to avoid this. Special Commission Meeting Minutes—01/12/2018 3 Interim City Manager Brown said that it has already confirmed that the Royal Castle Development Group has filed documents with the department of transportation and are awaiting approval for the entrance to come from State Road 9 only. There being no further discussion, the motion on the resolution passed by a 3-1 vote. Vice Mayor Kelley Yes Commissioner Pigatt No Commissioner Riley Yes Commissioner Holmes Not Present Mayor Taylor Yes 7. ADJOURNMENT: There being no further business to come before the Commission, it was moved by Commissioner Riley, seconded by Vice Mayor Kelley to adjourn the meeting at 1:42 p.m. MA I R ATTEST: 1 CITY CLERK Special Commission Meeting Minutes-01/12/2018 4