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HomeMy Public PortalAbout06-June 10, 2020 VRCMCITY OF OPA-LOCKA "The Great City" CLERK'S ACTION SUMMARY MINUTES VIRTUAL REGULAR COMMISSION MEETING Wednesday, June 10, 2020 7:00 P.M. 1. CALL TO ORDER: Mayor Matthew Pigatt called the virtual Regular Commission Meeting to order at 7:00 p.m. on Wednesday, June 10, 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 Regular 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 in attendance 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. AWARDS/PROCLAMATIONS/ACKNOWLEDGEMENTS: Virtual Regular Commission Meeting Minutes —June 10, 2020 6. APPROVAL OF CONSENT AGENDA AND PULL LIST (deferrals and deletions): A request was made to amend the agenda as follows: 14-1: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, ACCEPTING BID PROPOSALS FOR CONTINUING PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONSULTING SERVICES PURSUANT TO RFQ NO. 20-0324200; FURTHER AUTHORIZING THE CITY MANAGER TO ENTER INTO MULTPILE AGREEMENTS FOR ARCHITECTURAL AND ENGINEERING CONSULTING SERVICES AS PROVIDED HEREIN; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager The above resolution was read by City Clerk Flores. Mayor Pigatt asked the manager for the reason the item is being added to the agenda. City Manager Pate said the item is being brought forth because it affects the life, health, property, and financial stability of the City which affects the residents of the residents of the City of Opa-locka. It was moved by Commissioner Burke, seconded by Vice Mayor Davis to amend the agenda to include item 14-1. There being no further discussion, the motion to add 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 14-1: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OFOPA-LOCKA, FLORIDA, APPROVING AN AGREEMENT FOR THE SALE OF VACANT LAND BETWEEN THE CITY OFOPA-LOCKA AND TNJ REALTY, LLC. FOR DECLARED SURPLUS ALLEYWAYS BETWEEN THE PRACELS IDENTIFIED BY FOLIOS: 08- 2121-007-2680, 08-2121-007-2630, 08-2121-007-2650, 08-2121-007-2660, 08-2121-007-2670, 08-2121-013-2010 AND 08-2121-013-2020, IN THE B-2 ZONING DISTRICT, IN THE AMOUNT OF $57,000; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT FOR THE SALE AND PURCHASE OF VACANT LAND IN "AS IS" CONDITION; AND TAKE ALL NECESSARY ACTIONS TO EFFECTUATE THE INTENT OF THIS RESOLUTION; PROVIDING FOR Virtual Regular Commission Meeting Minutes —June 10, 2020 INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager The above resolution was read by City Clerk Flores. Mayor Pigatt asked the manager for the reason the item is being added to the agenda. City Manager Pate said the item is being brought forth because it affects the life, health, property, and financial stability of the City which affects the residents of the City of Opa-locka. It was moved by Commissioner Burke, seconded by Commissioner Bass to amend the agenda to include item 14-2. There being no further discussion, the motion to add Item 14-2 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 Bass, seconded by Commissioner Burke 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: Virtual Regular Commission Meeting Minutes — May 27, 2020 It was moved by Commissioner Kelley, seconded by Commissioner Bass to approve the minutes from the Virtual Regular Commission Meeting of May 27, 2020. There being no discussion, the motion passed by a 5-0 vote. Commissioner Burke Vice Mayor Davis Yes Yes Virtual Regular Commission Meeting Minutes —June 10, 2020 Commissioner Kelley Yes Commissioner Bass Yes Mayor Pigatt Yes 9. DISTRICT ONE/DISTRICT TWO — COUNTY COMMISSIONER REPORT: 10. PUBLIC PRESENTATIONS: 1. City of Opa-locka Parks & Recreation/Teen Upward Bound Ref Summer Camp 2020 Post COVID-19 Reopening Plan City Manager Pate said they will not go through the full presentation again since the major of concerns were addressed at the last workshop. He said the commission would have to rescind the shutdown ordinance for parks. He reminded them that the confirmed cases for COVID-19 have increased recently. Commissioner Burke said it is nothing personal to either organization, but with everything that is going on, he doesn't think it is a good idea at this time. Commissioner Bass said with other cities preparing to reopen, the residents can come and go as they please, so it really does not make a difference to keep the parks closed for trying to slow the spread of the virus. Vice Mayor Davis said from what at what other cities are doing, he sees that they are hesitant. While he wants the youth to have something to do over the summer, it is premature to approve this at this time. Mayor Pigatt said he is in agreeance with his colleagues and asked if they have any plans in place in terms of virtual learning and summer meal schedules. City Manager Pate said Parks and Rec does not currently have virtual learning in place, but the Teen Upward Bound program does. Teen Upward Bound confirmed this and also stated that they have made provisions for in person contact in the form of PPE's, contactless sign in/out for parents, and additional equipment. Commissioner Kelley said if the ordinance is rescinded, then that will leave all of the parks and programs to open up; this will allow potential for the virus to spread. Virtual Regular Commission Meeting Minutes —June 10, 2020 City Manager Pate said that is his concern also and that is why he does not think the parks should reopen at this time. He said they are extending virtual commission meetings to continue the practice of social distancing, so why subject the youth to potential infection and spread of the virus and may be a liability to the City. Commissioner Burke said the manager stated that he is not comfortable with reopening at this time for various reasons and he does not see the need for further discussion. 11. CITIZENS' INPUT: City Clerk Flores read the following comments from the public into the record: Ms. Mitchell, 14255 NW 22nd Place, Opa-locka, FL, said she wanted to raise a questions regarding rental and utility assistance for seniors. She asked that the City look to the county or other agencies for funding to aide with this matter. Eric Redmon, 2766 Villa Francine, Opa-locka, FL, asked the manager to provide a response to the grievance that was filed with the Ethics Commission regarding several of his employees. Vice Mayor Davis said he asked Community Development to put a report together regarding the first concern so if there are funds out there, they can be made available to the residents. Commissioner Bass said she will provide the information for the Opa-locka Neighborhood Center by the end of the meeting so residents can use that resource if funds are available. Mayor Pigatt informed the residents that the City is under oversight with the finances and are operating on a week by week basis. He said he has not heard that there was no funding available so he will await a response from the manager to see if there is assistance for residents. Commissioner Bass said the former Opa-locka neighborhood Center is now known as the Miami Gardens Neighborhood Services, 16405 NW 25th Avenue, Suite 105, Miami Gardens, FL, and the telephone number is 305-623-6500. 12. ACTION ITEMS: 13. ADMINISTRATION: CONSENT AGENDA: 1. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPROVE A Virtual Regular Commission Meeting Minutes —June 10, 2020 CHANGE ORDER FOR RJ SPENCER CONSTRUCTION, LLC, TO INCLUDE WINDOW REMOVAL AND REPLACEMENT FOR THE PROPERTY LOCATED AT 2105 ALI-BABA AVENUE, IN AN AMOUNT NOT TO EXCEED THIRTEEN THOUSAND FIVE HUNDRED DOLLARS ($13,500.00); PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager 2. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPROVE A CHANGE ORDER FOR RJ SPENCER CONSTRUCTION, LLC, TO INCLUDE THE ELECTRICAL UPGRADES FROM 2 X 4 LIGHTING TO HI -HATS; AC WIRE FOR THE PROPERTY LOCATED AT 2105 ALI-BABA AVUENUE, IN AN AMOUNT NOT TO EXCEED THREE THOUSAND FIVE HUNDRED DOLLARS ($3,500.00) PAYABLE FROM ACCOUNT 44-541818; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager 3. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO PIGGYBACK ON THE CITY OF HOLLYWOOD, FLORIDA'S CONTRACT WITH ENVIROWASTE SERVICES GROUP, INC. FOR QUALIFIED PROFESSIONAL SERIVCES TO CONDUCT SANITARY SEWER MAIN CLEANING AND CCTV INSPECTION IN COLLECTION BASIN #4, IN THE CITY OF OPA-LOCKA, IN AN AMOOUNT NOT TO EXCEED TWENTY SEVEN THOUSAND SEVEN HUNDRED FORTY DOLLARS AND SEVENTY CENTS ($27,740.70), IN A CONTRACT FORM ACCEPTABLE TO THE CITY ATTORNEY; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager It was moved by Commissioner Kelley, seconded by Vice Mayor Davis to pass the consent agenda. 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, ACCEPTING BID PROPOSALS FOR CONTINUING PROFESSIONAL Virtual Regular Commission Meeting Minutes —June 10, 2020 ARCHITECTURAL AND ENGINEERING CONSULTING SERVICES PURSUANT TO RFQ NO. 20-0324200; FURTHER AUTHORIZING THE CITY MANAGER TO ENTER INTO MULTPILE AGREEMENTS FOR ARCHITECTURAL AND ENGINEERING CONSULTING SERVICES AS PROVIDED HEREIN; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager The above resolution was read by Assistant City Attorney Cobb. It was moved by Vice Mayor Davis, seconded by Commissioner Burke to for discussion. Public Works Director Airia Austin said the item will allow the City to proceed with several projects coming down the pipeline including the Cairo Lane project being first, followed by the drainage and flooding problem being resolved. Other architectural needs will be addressed with future budgets. Vice Mayor Davis asked if there is a way to hold property owners accountable for some of the storm water retention. Mr. Austin said he will make it a part of the evaluation moving forward. Mayor Pigatt said he applauds staff for coming to this point with the roads and streets projects and he hopes the City will move forward with the Cairo Lane project and the flooding issues citywide as soon as possible. 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 14-2: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, APPROVING AN AGREEMENT FOR THE SALE OF VACANT LAND BETWEEN THE CITY OF OPA-LOCKA AND TNJ REALTY, LLC. FOR DECLARED SURPLUS ALLEYWAYS BETWEEN THE PARCELS IDENTIFIED BY FOLIOS: 08- 2121-007-2680, 08-2121-007-2630, 08-2121-007-2650, 08-2121-007-2660, 08-2121-007-2670, 08-2121-013-2010 AND 08-2121-013-2020, IN THE B-2 ZONING DISTRICT, IN THE AMOUNT OF $57,000; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT FOR THE SALE AND PURCHASE OF VACANT LAND IN "AS IS" CONDITION; AND TAKE ALL NECESSARY ACTIONS TO EFFECTUATE THE INTENT OF THIS RESOLUTION; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager Virtual Regular Commission Meeting Minutes — June 10, 2020 The above resolution was read by Assistant City Attorney Cobb. It was moved by Commissioner Burke, seconded by Commissioner Kelley to for discussion. Community Development Director Gregory Gay said the item comes from the recommendation from months ago when it was brought before the commission and was then deferred. Commissioner Kelley asked if the City or the developer completed an appraisal. Mr. Gay said the appraisal came from the company and it was done independently at an amount which totaled $52,000.00 which is lower than the price they mentioned prior. Mayor Pigatt asked if the property will be demolished in six months per the agreement or the property will return to the City. City Attorney Norris -Weeks said she did not think that portion of the agreement was in relation to the alleyways and that it was not triggered with the sale of the property. Mr. Gay said the sale of the property is what will trigger that part of the agreement and is geared toward the sale of the property itself. Mayor Pigatt said the City wants to make sure the property is remediated and asked what the consequence is of not following through with the agreement. City Attorney Norris -Weeks said the transaction only happens to the alleyways and only relates to this agreement; it is very specific to the sale and only happens if this is sold and anything else will have to come back to the commission. Commissioner Burke said if they sell to a third party, that will prevent the development from being started and leaves the City in a situation. Mayor Pigatt said he is hesitant to pass the item without language that will include having the current conditions of the sale and development made specific, while ensuring the property does not continue to be an eyesore with no remedy to the City. Commissioner Burke said the citations also have yet to be paid. Mr. Gay said it is something that will be taken care of within the acquisition phase and the development phase, but they just need to get past this execution portion of the development agreement with acquiring signatures from all parties and this is when the six (6) month timeline will begin. Mayor Pigatt said he wants to make sure that the item is approved at the next commission meeting and all of the cleanup issues need to be addressed to correct current issues at the site. Vice Mayor Kelley said he does not want to agree to the purchase of the property when the agreement has changed. He understands it is time sensitive, but he would want to see what the project is and provide some input. Virtual Regular Commission Meeting Minutes —June 10, 2020 Mayor Pigatt said if the property is in the same condition that it is currently in, it will not have his full support at the next meeting. The Attorney representing the developer Mr. Christopher Benjamin said he has no qualms with the item and the only change is with the pricing of the alleyways. Everything else is the same. 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: B. APPEALS 16. ORDINANCES/RESOLUTIONS/PUBLIC HEARINGS: A. FIRST READING ORDINANCES(S)/PUBLIC HEARING(S): 1. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AMENDING THE ANNUAL ADOPTED GENERAL PROPRIETARY AND SPECIAL REVENUE FUNDS BUDGETS FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2019 AND ENDING SEPTEMBER 30, 2020, ADJUSTING REVENUES AND EXPENDITURES AS REFLECTED IN EXHIBIT "A"; PROVIDING FOR THE EXPENDITURE OF FUNDS ESTABLISHED BY THE BUDGET; AUTHORIZING THE CITY MANAGER TO TAKE CERTAIN ACTIONS; PROVIDING FOR APPROPRIATION OF ALL BUDGETS AND EXPENDITURES; PROVIDING FOR FEES CONSISTENT WITH APPROPRIATIONS AND AMENDMENT; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager The above ordinance was read by Assistant City Attorney Cobb. 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 Burke, seconded by Vice Mayor Davis for discussion. Virtual Regular Commission Meeting Minutes —June 10, 2020 City Manager Pate said this is budget amendment number three (3) and had no changes from last week to this week whatsoever. He asked Budget Administrator Robert Anathan to provide clarity to the commission. Mr. Anathan said the budget will be completed by the eighth of July. They are looking at an increase in funds in terms of revenue and a decrease in funds in terms of expenditure of all items. He went on to address some of the various projects, and items that will affect the budget moving forward. Mayor Pigatt said he is impressed with the budget amendments since the manager has been appointed. He said he hopes the detailed reports will continue because it is the best he has ever seen and the information will be provided as requested in the same manner in the future. 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 Mayor Pigatt Yes B. SECOND READING ORDINANCE(S)/ PUBLIC HEARING(S): C. RESOLUTION(S): 17. CITY MANAGER'S REPORT: City Manager Pate said the City is looking at future auditing firms and looking at future RFP's in terms of bringing it to the current. The COVID-19 cases have been steady at one hundred thirty eight cases today and one hundred thirteen cases yesterday; he will be providing a report when the conversation takes place. Mayor Pigatt asked for an update on the plan to distribute the audits for December and the flooding at the Glorietta Apartments. City Manager Pate said the goals for getting the audits complete is projected for a December timeframe. He said laws have changed so the commission will no longer be on the committee, coming in July, they have to establish an auditing committee to aide in moving the city forward. The Glorietta Gardens have been assessed and remedies have included the City taking over the retention pond and handling any flooding issues. Virtual Regular Commission Meeting Minutes —June 10, 2020 18. OFFICIAL BOARD REPORTS: 19. MAYOR /COMMISSION REPORT: 1. Mayor Matthew A. Pigatt Ref Police Reform Commissioner Bass informed the graduating class of 2020 that they are important and will go on to do great things in spite of the current conditions that is going on regarding the Coronavirus Disease (COVID-19) Pandemic. She said she has reached out to City of Miami Gardens Councilman Erhabor Ighodaro and he agreed to spread the word with their public relations person regarding getting the word out about the free testing site in Opa-locka. Commissioner Burke said he was not trying to be insensitive about the rental assistance for the residents; he was trying to be a realist. He knows all of his colleagues would like to do as they can for the residents, but the budget director has briefed the commission on the finances of the City and he does not want to give them false hope by telling them the City will look into the matter when the funds are not there to provide assistance. Commissioner Kelley asked all 2020 seniors to submit their information so they may be recognized accordingly. He asked his colleagues to consider legislation regarding the unfortunate demise of George Floyd and anything the City can do to do its part in preventing these situations from happening again. This came about from citizens concerns during the virtual Meet Me Monday Meeting. He hopes something in the form of a walk will take place leading to city hall in solidarity to what is going on. The manager stated that August is a better time to have a Parks and Rec town hall and he hopes this will still take place. Dr. Gallon will be speaking again once there is a Zoom meeting scheduled for later on in the year. Vice Mayor Davis said looking at the budget last year, they realized an over one million dollar budget that can benefit the residents in terms of assistance. He proposed that the commission sponsors legislation in hopes that the county will provide funding in terms of assistance to those who need it in the City as well as other communities. Mayor Pigatt said the county has been significant in providing the COVID-19 testing center for residents at a cost. One of the biggest things that the county is also doing is infrastructure projects and he wants to ensure the City is involved. He would also like for the dialogue to be opened for COVID-19 topics and asked the attorney for what avenues to take to make this happen. City Attorney Norris -Weeks recommended that a vote be taken to expand the public workshops to address other topics and not just the topics for COVID-19 if it is the will of the commission. Virtual Regular Commission Meeting Minutes —June 10, 2020 It was moved by Commissioner Bass, seconded by Vice Mayor Davis for discussion. Commissioner Kelley said he suggested the COVID-19 workshops, but did not agree to have them for anything to be on the table; that is what commission meetings are for. Commissioner Burke agreed with Commissioner Kelley and stated that he is not inclined to go any further with extra discussion at this time. There being no further discussion, the motion passed by a 3-2 vote. Commissioner Burke No Vice Mayor Davis Yes Commissioner Kelley No Commissioner Bass Yes Mayor Pigatt Yes Mayor Pigatt said there are things that need to be done regarding the weekly workshops and whether they need to be done once a week. There are many other things that need to be addressed and he wants to make sure the City is clear on issues that need to be addressed. He commended the 2020 seniors on their hard work for the year and agreed with his colleagues that they should be acknowledged. He said the unrest with George Floyd gives ease to make sure there is equality within the police department regarding police brutality. The City has taken this as a priority and has made sure that community policing is taking place. There are several perimeters set in place and an independent evaluation was done and all of the guidelines should be utilized to deter police violence. It was requested that the Chief of Police provide a report. Former President Barack Obama created the "Eight Can't Wait" which is a series of things that the City can do to reduce police violence. Campaign Zero, which is ten policies that goes into fair police union contracts, the establishment of a civil investigation panel, training, community representation, and oversight goes along with police use of force policies. It should be clear that the City is looking at these things. 20. OFFICIAL BOARD APPOINTMENTS: 21. ADJOURNMENT: There being no further business to come before the Commission, it was moved by Commissioner Burke, seconded by Commissioner Kelley to adjourn the virtual meeting at 9:38 p.m. Virtual Regular Commission Meeting Minutes — June 10, 2020 MAYOR ATTEST: Virtual Regular Commission Meeting Minutes —June 10, 2020