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HomeMy Public PortalAbout12-December 11, 2019 RCMCITY OF OPA-LOCKA "The Great City" CLERK'S ACTION SUMMARY MINUTES REGULAR COMMISSION MEETING WEDNESDAY, December 11, 2019 7:00 P.M. Sherbondy Village Auditorium 215 Perviz Avenue Opa-locka, FL 33054 1. CALL TO ORDER: Mayor Matthew Pigatt called the meeting to order at 7:00 p.m. on Wednesday, December 11, 2019 at the Sherbondy Village Auditorium, 215 Perviz Avenue, Opa-locka, Florida. 2. ROLL CALL: The following members of the City Commission were present: Mayor Matthew A. Pigatt, Vice Mayor Chris Davis, Commissioner .Sherelean Bass, Commissioner Alvin Burke and Commissioner Joseph L. K,el1ey. Also in attendance were: City Manager John E. Pate, City Attorney Burnadette Nap -is -Weeks, and City Clerk Joanna Flores. 3. INVOCATION: The invocation was delivered by Commissioner Sherelean Bass. 4. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was recited in unison. 5. AWARDS/PROCLAMATIONS/ACKNOWLEDGEMENTS: Mayor Pigatt acknowledged the passing of former Miami Times Publisher Mr. Garth Reeves who died at 100 years old. 6. APPROVAL OF CONSENT AGENDA AND PULL LIST (deferrals and deletions): NEW ITEMS: 14-1: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, SEEKING APPROVAL OF THE LOAN PROPOSAL FROM CITY NATIONAL BANK OF FLORIDA; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS REQUIRED TO GIVE EFFECT TO THE PROPOSAL; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager The above resolution was read by City Clerk Flores. It was moved by Commissioner Bass, seconded by Commissioner Burke to amend the agenda to 1 Regular Commission Meeting Minutes - December 11, 2019 include item 14-1. There being no discussion, the motion to amend the agenda to include item 14-1 passed by a 5-0 vote. Commissioner Burke Yes Vice Mayor Davis Yes Commissioner Kelley Yes Commissioner Bass Yes Mayor Pigatt Yes 7. APPROVAL OF AGENDA: It was moved by Commissioner Burke, seconded by Commissioner Kelley to approve the agenda, consent agenda and pull list. There being no discussion, the motion passed by a 5-0 vote. Commissioner Burke Yes Vice Mayor Davis Yes Commissioner Kelley Yes Commissioner Bass Yes Mayor Pigatt Yes 8. APPROVAL OF MINUTES: Regular Commission Meeting Minutes — October 9, 2019 It was moved by Commissioner Bass, seconded by Vice Mayor Davis to approve the minutes from the Regular Commission Meeting of October 9, 2019. There being no discussion, the motion passed by a 5-0 vote. Commissioner Burke Yes Vice Mayor Davis Yes Commissioner Kelley Yes Commissioner Bass Yes Mayor Pigatt Yes Special Commission Meeting Minutes — November 8, 2019 It was moved by Vice Mayor Davis, seconded by Commissioner Bass to approve the minutes from the Special Commission Meeting of November 8, 2019. There being no discussion, the motion passed by a 5-0 vote. Commissioner Burke Vice Mayor Davis Yes Yes 2 Regular Commission Meeting Minutes - December 11, 2019 Commissioner Kelley Yes Commissioner Bass Yes Mayor Pigatt Yes Special Commission Meeting Minutes — November 26, 2019 It was moved by Commissioner Kelley, seconded by Commissioner Bass to approve the minutes from the Special Commission Meeting of November 26, 2019. There being no discussion, the motion passed by a 5-0 vote. Commissioner Burke Yes Vice Mayor Davis Yes Commissioner Kelley Yes Commissioner Bass Yes Mayor Pigatt Yes 9. DISTRICT ONE/DISTRICT TWO - COUNTY COMMISSIONER REPORT: Larry Gardner, Commissioner Barbara Jordan's Office, District I, said he does not have any reports at this time, but will take any issues or concerns to Commissioner Jordan. Commissioner Kelley said he received the e-mail regarding the old Jackson Hospital and knows it will take some time for the cleanup; he hopes it won't take ninety days. Louis Antoine, Commissioner Jean Monestime's Office, District II, apologized for his absence from the last several commission meetings. He pledged to be there for every meeting next year. He is going to make sure the vice mayor's request to meet with Commissioner Monestime is scheduled. Vice Mayor Davis asked that the debris in the gutters around Ingram Terrace Apartments be removed. Commissioner Kelley asked that one of the Haitian American events are held in the City during the month of May. Mayor Pigatt asked that the county roads in and around the City be repaved. 10. PUBLIC PRESENTATION: 1. Commissioner Esteban Bovo, Jr. Miami -Dade County Board of County Commission, District 13 Ref: 2020 Census Commissioner Bovo was not present for the presentation. 2. John Riley Former City of Opa-locka Commissioner Ref: Miami -Dade County Commission on Ethics & Public Trust, Case No. C19-05-02 3 Regular Commission Meeting Minutes - December 11, 2019 Mr. Riley said he had a complaint filed with the Ethics Commission and was told that he could not receive representation because the issue was not in his official capacity as a commissioner; he hopes the issue can be resolved through the commission. He mentioned the crossing light near Ace Hardware Store, it is malfunctioning and does not change for long periods of time. He hopes it will be fixed. 11. CITIZENS' INPUT: Virginia Cook, The Eye Opener Missionary Ministry, 1244 Ali -Baba Avenue, Opa-locka, FL, thanked Mr. Austin for using the truck to dry up all of the water in front of the church at a recent event that was held there after heavy rains. Debra Pinnero, 3040 NW 134th Street, #3, Opa-locka, FL, she said she spoke to several employees in the water office regarding the billing issue at the property and would like to know when it can be approved for the billing adjustment. She thanked the commission in advance for any assistance they can provide. (Inaudible), Property Manager at 681 Fisherman Street, Opa-locka, FL, said they are wanting to provide free training for those in the construction field. Transportation and free food will also be provided. The participants will receive a certificate of completion once they have gone through the training. Dorothy Johnson, 13724 NW 22"d Place, Opa-locka, FL asked when the public access Channel 77 was going to be brought back to the City. She also encouraged people to complete the Census because it is very important and that is what determines the dollars that are allocated to Cities. Tamera Depace, Property Manager at Glorietta Apartments, 13210 Alexandria Drive, Opa-locka, FL, came and informed the commission that her complex is making great strides with the improvement of the safety of the property and there are more changes to come. She also said there is a Police Substation on the property and encouraged the Police Department if need be. Natasha Ervin 670 Dunad Avenue, Opa-locka, FL, said the Booster Club was created as a Partnership with the Parks & Recreation Department in 2014 to ensure the youth have quality services year round and nice toys at Christmastime. Eric Redmon, 2766 NW 131st Street, Opa-locka, FL said what was said by the previous citizen is missing some key points. The flyer that is being distributed has the City's logo on it, but in a social media post the citizen requested donations to be made payable to her personal CashApp. He questioned what the funds that are being donated are being used for and how the citizen being held accountable. Chris Roberts, 1820 Rutland Street, Opa-locka, FL, said she has an issue when people come and speak and don't know what they are speaking about. She said when she puts on events and does for the youth, it comes from both her and Mrs. Ervin's pockets. They keep great book keeping if anyone is questioning what is being done with the funds. She said for someone to come speak on the matter who has never done nothing for the City, it is not right. Brian Dennis, 821 NW 54th Street, Miami, FL, said the matter regarding the Booster Club has nothing to do with the City, it is personal. He brought two people from his non-profit and offered 4 Regular Commission Meeting Minutes - December 11, 2019 their services to the City to resolve the matter regarding using the City's logo when collecting funds personally. Vice Mayor Davis thanked the Property Manager from Glorietta Apartments for coming to provide the commission with an update on the safety concerns in the area. Commissioner Bass thanked the Property Manager as well the representative who is providing free training and certification. Commissioner Kelley also thanked the Property Manager and said he hopes more changes continue to take place to keep the residents safe. Mayor Pigatt also thanked the property manager for the update and went on to ask staff to look into the Booster Club concerns. 12. ACTION ITEMS: 13. CONSENT AGENDA: 13-1. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, DIRECTING THE CITY MANAGER TO CLOSE ALL CITY OF OPA-LOCKA OFFICES FROM DECEMBER 25, 2019 THROUGH DECEMBER 27, 2019 AND PROVIDE PAID VACATION TO EMPLOYEES; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager The above resolution was read by Attorney Norris -Weeks. It was moved by Vice Mayor Davis, seconded by Commissioner Kelley to pass the resolutions. There being no discussion, the motion passed by a 5-0 vote. Commissioner Burke Yes Vice Mayor Davis Yes Commissioner Kelley Yes Commissioner Bass Yes Mayor Pigatt Yes 14. NEW ITEMS: 14-1: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, SEEKING APPROVAL OF THE LOAN PROPOSAL FROM CITY NATIONAL BANK OF FLORIDA; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS REQUIRED TO GIVE EFFECT TO THE PROPOSAL; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager The above resolution was read by Attorney Norris -Weeks. 5 Regular Commission Meeting Minutes - December 11, 2019 It was moved by Commissioner Bass, seconded by Vice Mayor Davis for discussion. City Manager Pate said this item is a bond that will release almost two million dollars to the City once the documents have been executed. Commissioner Kelley said he is concerned that fifty percent of what is owed is not enough. City Attorney Norris -Weeks said the fifty percent that is being released is no drop in the bucket and is a win for the City. Mayor Pigatt thanked the manager and the attorney for the work they put in to have the funds released' it is a much needed infusion of cash for the City. There being no further discussion, the motion on the resolution passed by a 5-0 vote. Commissioner Burke Yes Vice Mayor Davis Yes Commissioner Kelley Yes Commissioner Bass Yes Mayor Pigatt Yes 15. PLANNING & ZONING: A. PUBLIC HEARINGS: 13-1. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, RECOMMENDING APPROVAL OR DENIAL OF FINAL SITE PLAN REVIEW FOR THE CONSTRUCTION AND OPERATION OF A SELF STORAGE FACILITY ON THE PROPERTY LOCATED AT 12940 NW 27TH AVENUE AND THE ADJACENT PARCEL LOCATED AT THE CORNER OF NW 129TH STREET AND NW 27TH AVENUEAND IDENTIFIED BY FOLIOS 08-2128-004-0031 AND 08-2128- 004-0022, IN THE B-2 AND B-3 ZONING DISTRICTS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager The above resolution was read by Attorney Norris -Weeks. Planning & Community Development Director Gregory Gay said this item and the next on are for the approval or denial of zoning changes on the parcels to allow for construction on the sites. Mayor Pigatt asked Mr. Gay why it would benefit the City to approve the changes for zoning. Mr. Gay said it is beneficial to the City either way, this just allows the developer to build commercially in another zoning district. Mayor Pigatt opened the floor for a public hearing. Representative Dina Gray said she was there on behalf of the developer and brought renderings 6 Regular Commission Meeting Minutes - December 11, 2019 for the commission to review while she made her presentation on the plans for the site to include the Moorish architecture that is favorable to the City. There being no further persons to speak on the public hearing, the floor was closed. It was moved by Vice Mayor Davis, seconded by Commissioner Bass to pass the ordinance. There being no discussion, the motion on the ordinance passed by a 5-0 vote. Commissioner Burke Yes Vice Mayor Davis Yes Commissioner Kelley Yes Commissioner Bass Yes Mayor Pigatt Yes 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, RECOMMENDING APPROVAL OR DENIAL OF A REQUEST TO REZONE THE PARCEL LOCATED AT THE CORNER OF NW 129TH STREET AND NW 27TH AVENUE FROM B-2 AND B-3 TO ALLOW THE CONSTRUCTION OF A SELF STORAGE FACILITY ON THIS PARCEL AND 12940 NW 27TH AVENUE, OPA-LOCKA, FL 33054, IDENTIFIED BY FOLIOS 08-2128-004-0022 AND 08-2128-004- 0031; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager The above ordinance was read by Attorney Norris -Weeks. Planning & Community Development Director Gregory Gay said this is a companion item for the previous ordinance and staff recommends approval for the ordinance. Mayor Pigatt opened the floor for a public hearing. Ms. Gray asked the commission if they had any questions for her to which they replied, "No." There being no further persons to speak on the public hearing, the floor was closed. It was moved by Commissioner Burke, seconded by Commissioner Kelley to pass the ordinance. There being no discussion, the motion on the ordinance passed by a 5-0 vote. Commissioner Burke Yes Vice Mayor Davis Yes Commissioner Kelley Yes 7 Regular Commission Meeting Minutes - December 11, 2019 Commissioner Bass Mayor Pigatt Yes Yes 2. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AMENDING CHAPTER 17, ARTICLE III OF THE CITY'S CODE OF ORDINANCES ENTITLED "PLANNING AND DEVELOPMENT" TO INCLUDE NEW DIVISION 3 TO BE ENTITLED "UNITY OF TITLE" PROVIDING A DEFINITION FOR OF UNITY OF TITLE; AMENDING SECTION 2.655(GG) OF THE CITY'S CODE OF ORDINANCES TO INCREASE THE FINE FOR UNITY OF TITLE APPLICATION FROM $200.00 TO $500.00; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager The above ordinance was read by Attorney Norris -Weeks. Planning & Community Development Director Gregory Gay said that months ago Miami -Dade County had made changes to their "Unity of Title" which did not cover municipalities. They had to come up with a process that mirrors what the county is doing and the language mirrors theirs also. At this time staff is recommending approval of the ordinance on first reading. Mayor Pigatt opened the floor for a public hearing. There being no further persons to speak on the public hearing, the floor was closed. It was moved by Vice Mayor Davis, seconded by Commissioner Bass for discussion. There being no discussion, the motion on the ordinance passed by a 5-0 vote. Commissioner Burke Yes Vice Mayor Davis Yes Commissioner Kelley Yes Commissioner Bass Yes Mayor Pigatt Yes B. SECOND READING ORDINANCE(S)/PUBLIC HEARING: 1. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AMENDING VARIOUS SECTIONS OF CHAPTER 21, ENTITLED "WATER, SEWER AND STORMWATER UTILITIES"; ADOPTING CERTAIN RULES AND REGULATIONS OF THE MIAMI-DADE COUNTY WATER AND SEWER DEPARTMENT; SPECIFICALLY AMENDING SECTION 21-85 ENTITLED "WHEN BILLS DUE AND PAYABLE, DISCONNECTING SERVICE FOR NON-PAYMENT" TO DECREASE THE TIME FOR A DETERMINATION OF DELINQUENCY FORM THIRTY DAYS TO TWENT-ONE DAYS; CLARIFYING SECTION 21-85 AND 21-97 ENTITLED "REGULATIONS GOVERNING MIAMI-DADE BILLING FOR THE CITY OF OPA-LOCKA" TO ENSURE THAT CERTAIN RULES AND REGULATIONS OF 8 Regular Commission Meeting Minutes - December 11, 2019 THE MIAMI-DADE WATER AND SEWER DEPARTMENT SHALL APPLY TO THE CITY OF OPA-LOCKA; CLARIFYING THE ADOPTION OF ARTICLE VI, SECTION 32-91 THROUGH SECTION 32-101 OF THE MIAMI-DADE COUNTY CODE OF ORDINANCES; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager The above ordinance was read by Attorney Norris -Weeks. Mayor Pigatt opened the floor for a public hearing. Vladimir Murad, Miami -Dade County Water & Sewer Department, Miami, FL, said there were additional items that they would like to add to the amendment of the ordinance. This includes Section 2.21 Application for Domestic Water Service; Section 2.210 Floating Meters; Section 2.212 Limitation of Use; Section 2.63; Section 2.66(a); Section 2.67; Section 2.710; Section 2.713; Section 2.714; Section 3.77; Section 3.78; Section 3.101(g) excluding the onetime lifetime adjustment; as well as Chapter 32 Article VII. This will close the loophole on the billing and collection process to ensure the customers for the City is in line with Miami -Dade Water & Sewer service going forward. Mayor Pigatt thanked Mr. Murad for the work the county has done for the last two years to transition the City's billing customers along with the county's. He requested a workshop to inform the residents about the billing services. Mr. Murad said they have already met with the manager and a workshop is expected to be held in the near future. There being no further persons to speak on the public hearing, the floor was closed. It was moved by Vice Mayor Davis, seconded by Commissioner Bass for discussion. A motion was made to amend the ordinance to include the changes made by the county. It was moved by Vice Mayor Davis, seconded by Commissioner Bass to pass the amendment. There being no further discussion, the motion on the amendment passed by a 5-0 vote. Commissioner Burke Yes Vice Mayor Davis Yes Commissioner Kelley Yes Commissioner Bass Yes Mayor Pigatt Yes There being no discussion, the motion on the ordinance passed by a 5-0 vote. Commissioner Burke Yes Vice Mayor Davis Yes Commissioner Kelley Yes Commissioner Bass Yes 9 Regular Commission Meeting Minutes - December 11, 2019 Mayor Pigatt Yes C. RESOLUTIONS/PUBLIC HEARINGS: 17. CITY MANAGER'S REPORT: 1. Glorietta Gardens Management Ref: Security Enhancement City Manager Pate said his report was given during public presentation and he is available to answer any questions or concerns by the commission at this time. Vice Mayor Davis asked that the manager follow up with the management from Glorietta Apartments and the Police Department to maintain safety in that area. Commissioner Kelley told the manager he will send all of the Meet Me Monday concerns in a separate e-mail. He asked that the workshop for the billing is comprehensive as there are many issues dealing with the billing. City Manager Pate said he has been working with the county to identify all of the issues regarding the billing and will meet with commissioners after the holidays to provide an update. Mayor Pigatt thanked the manager for the significant changes he has made since was hired seven weeks ago and asked that he continue to do so. 18. OFFICIAL BOARD REPORTS: Community Relations, Recreation, and Activities Board Chairwoman Natasha Ervin said the Halloween Haunted House event was held on October 31, 2019 for the community and it was a success. The Holiday Toy Giveaway will be held on December 31, 2019; she invited the commission to attend and requested for volunteers to come and help with gift wrapping. She said they are working on a community family day cook out for the community and will provide an update once more planning is done. The Educational Scholarship Program participants have not received their awards as of yet and she asked the commission to look into the matter. Commissioner Kelley announced that Amazon has pledged to donate toys for the holiday event and he will provide a delivery date once it is provided. 19. MAYOR/COMMISSION REPORT: Commissioner Burke stated that while he respects the manager and is enjoying the work he is doing, he has to make the changes because it is his job. The commission cannot run the manager and when changes are recommended that were suggested prior to him being appointed as manager, he does not want that. He asked the manager to do his job and let the commission do theirs. Commissioner Kelley thanked everyone who came out for the Tree Lighting Ceremony on last Friday evening and all of the staff who helped to make it happen. The monthly community 10 Regular Commission Meeting Minutes - December 11, 2019 feeding will be held on December 20, 2019; he is working on the Annual MLK Walk to be held in January; Meet Me Monday is still being held on a monthly basis and the residents can come out and voice their concerns. Mayor Pigatt invited everyone to the State of the City Address to be held on the last Friday of January 2020. 20. OFFICIAL BOARD APPOINTMENTS: Mayor Pigatt informed the public that there are still vacancies open on the City's Advisory Boards and encouraged everyone to apply. City Attorney Norris -Weeks announced an Executive Session to be held on January 8, 2019 at 6:00 p.m. at Sherbondy Village, 215 Perviz Avenue, to discuss Joseph Barton v. City of Opa- locka Case No. 16-11180. 21. ADJOURNMENT: There being no further business to come before the commission, it was moved by Commissioner Burke, seconded by Vice Mayor Davis to adjourn the meeting at 8:52 p.m. ATTEST: 11 Regular Commission Meeting Minutes - December 11, 2019