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Home My Public Portal About06-June 4. 2020 VSCMCITY OF OPA-LOCKA "The Great City" CLERK'S ACTION SUMMARY MINUTES VIRTUAL SPECIAL COMMISSION MEETING Thursday, June 04, 2020 6:30 P.M. Sherbondv Villase Auditorium 215 Perviz Avenue Opa-locka, FL 33054 1. CALL TO ORDER: Mayor Matthew Pigatt called the virtual Regular Commission Meeting to order at 6:30 p.m. on Thursday, June 04, 2020. Pursuant to Executive Order No. 20-69, issued by the office of the Governor Ron DeSantis on March 20, 2020, municipalities may conduct meetings of their governing boards without having a quorum of its members present physically or at any specific location, and utilizing communications media technology such as telephonic or video conferencing, as provided by Section 120.54(5)(b)2, Florida Statutes. An opportunity was given to the public to email the City Clerk prior to the Commission Meeting with any questions/comments/concerns on items we will hear on this evening's Special Commission Meeting agenda. This meeting is being streamed live at https://www.youtube.com/user/CityofOpalocka. Since this is a virtual meeting as authorized by the Governor of the state of Florida, again, members of the public wishing to address the commission have been offered the opportunity to do so. Public comments will be included as part of the public record for this virtual meeting and will be considered by the City commission prior to any action taken. 2. ROLL CALL: The members of the City Commission appearing remotely were: Mayor Matthew Pigatt, Vice Mayor Chris Davis, Commissioner Sherelean Bass, Commissioner Alvin Burke, and Commissioner Joseph L. Kelley. Also appearing remotely were: City Manager John E. Pate, City Attorney Burnadette Norris -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. PUBLIC HEARINGS: Virtual Special Commission Meeting Minutes — 06/04/2020 1. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA FLORIDA, AMENDING CHAPTER 23 OF THE CITY OF OPA-LOCKA'S CODE OF ORDINANCES ENTITLED "EMPLOYEE PROTECTION WHISTLE BLOWER ACT" TO ALLOW FOR AN IMPARTIAL ADMINISTRATIVE REVIEW PROCESS WITHIN THE CITY FOR WHISTLEBLOWER COMPLAINTS; PROVIDING FOR SEVERABILITY; CONFLICT AND REPEALER; INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager The above ordinance was read by City Attorney Norris -Weeks. Mayor Pigatt opened the floor for a public hearing. There being no persons to speak on the public hearing, the public hearing was closed. It was moved by Commissioner Bass, seconded by Commissioner Kelley for discussion. City Attorney Norris -Weeks said the item is being brought forth so necessary changes can be made to the laws and be in compliance with the Ethics Commission and Miami -Dade County. Commissioner Kelley said he will address his concerns with the attorney before second reading of the item. Mayor Pigatt asked the attorney what happens if there is a whistle blower complaint against the manager. City Attorney Norris Weeks said they will have the option to report their complaint to the commission. Mayor Pigatt asked how many whistleblower complaints were open currently. City Attorney Norris -Weeks said that information is confidential and she cannot confirm any numbers. Vice Mayor Davis asked the attorney if the item was one of the "99 Findings" from the Auditor General. City Attorney Norris -Weeks said she is not sure and will look into the matter for the vice mayor. There being no further 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 Virtual Special Commission Meeting Minutes — 06/04/2020 Mayor Pigatt Yes b) SECOND READING: 2. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AMENDING CHAPTER 8, ARTICLE I, TO CREATE NEW SECTION 8.6 ENTITLED "FACE MASKS OR FACE COVERINGS DURING PANDEMIC RELATED PUBLIC HEALTH EMERGENCY THAT THREATENS LIFE, HEALTH AND SAFETY OF RESIDENTS"; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE (first reading/public hearing held on May 13, 2020). Sponsored by Mayor Pigatt, Vice Mayor Davis and Commissioner Bass The above ordinance was read by City Attorney Norris -Weeks. Mayor Pigatt opened the floor for a public hearing. There being no persons to speak on the public hearing, the public hearing was closed. It was moved by Commissioner Bass, seconded by Vice Mayor Davis for discussion. Mayor Pigatt said they have been reviewing the guidelines for dealing with the pandemic and they want to ensure that the public is practicing mask wearing and know not to go in anyone's face to prevent the spread of the disease. Commissioner Burke said there were a lot of things left out of the ordinance and he thinks that is something that needs to be looked into. Mayor Pigatt asked the commissioner what his concern was since this item is on second reading. City Manager Pate said he provided the commission with a report from staff regarding what needs to be placed in the mask ordinance and that is how they came to the policies in the ordinance. Budget Administrator Robert Anathan said he noticed that some things were not outlined in the ordinance and he was concerned that it might be too stringent in terms of being enforceable; for example, someone not wearing a mask while jogging. City Attorney Norris -Weeks stated that after speaking with the manager, she has determined that the item is not ready for approval tonight. Mayor Pigatt said that the item has been dealt with over the last couple of weeks in meetings and should have been finalized as this is second reading. The amendments should have been presented before now so the City can move forward with keeping the community safe and slowing the spread of the virus. Virtual Special Commission Meeting Minutes — 06/04/2020 Commissioner Kelley said he will reserve his concerns until after he hears the amendments and agreed that this should have been done before tonight. He said he is unsure where the brake down came about with two out of three of the appointed officials. A motion was made to amend the ordinance under (b) to change from persons over the age of "two (2) years" to "five (5) years". 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 Mayor Pigatt asked the end date for the county to have the public remove the masks. City Attorney Norris -Weeks said there is no end date for the pandemic so that language cannot be placed in the ordinance. It can reflect when Miami -Dade County or the state announces an ending to the Coronavirus. A motion was made to amend the ordinance to reflect the language in which the masks are no longer needed in the form of a declaration from Miami -Dade County or the state and setting a time and date. Mayor Pigatt asked that the amendment be deferred and revisited at a later date. A motion was made to amend the ordinance in Section 5 to reflect that it shall be referred to the Special Master or be available for immediate payment. City Manager Pate said the mayor is correct in that the matter is handled through Code Enforcement, however, the only thing available for immediate payment are the red light camera tickets and there is a certain vendor that collects the payments. Mayor Pigatt asked that the ordinance be deferred and revisited at a later date to ensure the amendments are included. Commissioners Bass and Vice Mayor Davis agreed with deferring the item. Virtual Special Commission Meeting Minutes — 06/04/2020 Following further brief discussion, the ordinance was deferred to the virtual Regular Commission Meeting of June 24, 2020 at 7:00 p.m. Mayor Pigatt said he wants all of the amendments included and a detailed memo created so the City will be ready to enforce the ordinance once it is approved. He asked the manager for a timeline for completing this process. City Manager Pate said the implementation date needs to be changed to immediate and then the date will be in July. Mayor Pigatt proposed that the details be finalized at the Regular Commission meeting of June 24, 2020. 6. ADJOURNMENT: There being no further business to come before the Commission, it was moved by Commissioner Kelley, seconded by Vice Mayor Davis to adjourn the virtual meeting at 6:59 p.m. MAYOR ATTEST: Virtual Special Commission Meeting Minutes — 06/04/2020