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HomeMy Public PortalAbout10-October 14, 2020 VRCMCITY OF OPA-LOCKA "The Great City" CLERK'S ACTION SUMMARY MINUTES VIRTUAL REGULAR COMMISSION MEETING Wednesday, October 14, 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, October 14, 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.voutube.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: 1 Virtual Regular Commission Meeting Minutes — October 14, 2020 Mayor Pigatt announced that October was Breast Cancer Awareness Month and took the time to acknowledge all of the survivors. Vice Mayor Davis said he lost his paternal grandmother to Breast Cancer so his heart goes out to everyone fighting the disease. Commissioner Bass reminded everyone to get their annual Mammograms and stated that not only women, but men get Breast Cancer as well. Commissioner Burke said he wears pink every year in honor of his sister who lost her battle with the disease. Commissioner Kelley said usually the commission meets on the dais and are able to show support of Breast Cancer Awareness. Once everything opens back up, they can continue to support not only those fighting the disease, but they can also recognize that this is Domestic Violence Awareness Month and there are survivors of that as well. Mayor Pigatt recognized Domestic Violence Awareness Month and those who have to go through those atrocities. 6. APPROVAL OF CONSENT AGENDA AND PULL LIST (deferrals and deletions): 7. APPROVAL OF AGENDA: It was moved by Vice Mayor Davis, 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: Virtual Second Budget Hearing Minutes — September 23, 2020 It was moved by Commissioner Burke, seconded by Vice Mayor Davis to approve the minutes from the Virtual Second Budget Hearing of September 23, 2020. There being no discussion, the motion passed by a 5-0 vote. Commissioner Burke Yes 2 Virtual Regular Commission Meeting Minutes — October 14, 2020 Vice Mayor Davis Yes Commissioner Kelley Yes Commissioner Bass Yes Mayor Pigatt Yes Virtual Regular Commission Meeting Minutes — September 23, 2020 It was moved by Commissioner Bass, seconded by Commissioner Kelley to approve the minutes from the Virtual Regular Commission Meeting of September 23, 2020. 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 Virtual Special Commission Meeting Minutes — September 30, 2020 It was moved by Commissioner Burke, seconded by Commissioner Bass to approve the minutes from the Virtual Special Commission Meeting of September 30, 2020. 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: 10. PUBLIC PRESENTATIONS: 11. CITIZENS' INPUT: City Clerk Flores read the following public comments in to the record. Stedman Stahl, President of the South Florida Police Benevolent Association (PBA), sent a letter stating that while the city manager has only been with the City for a short period of time, he has accomplished a lot with the restructuring of the Police Department, the replacement of dated 3 Virtual Regular Commission Meeting Minutes — October 14, 2020 equipment, and working towards securing fair salaries for the department. He said the PBA looks forward to working with the manager and the police department in the future. Lieutenant Sergio Perez, Opa-locka PD, 780 Fisherman Street, 3rd Floor, Opa-locka, FL, thanked the commission for their time as public servants and in seeking the city manager. He said since Mr. Pate has come to the City, he has witnessed unprecedented progress in the City than years before. It is because of this that he has decided to write this on the manager's behalf. He said he stands firm of him as manager in the City and looks forward to continue working with him. Lieutenant Jenkins, Opa-locka PD, 780 Fisherman Street, 3rd Floor, Opa-locka, FL, thanked the manager for the leadership and guidance he has provided to the agency. He has played a pivotal role in the turnaround of the City and the department. She thanked him for the opportunity to step into a leadership role and vowed to do her best for the department. Lawrence Holborrow, Opa-locka PD, 780 Fisherman Street, 3rd Floor, Opa-locka, FL, said that when things are going right in the City, it is never acknowledged, only when things are bad do you see things being put in writing. Since changes came about and decisions have been made, he is now compelled to write this informing everyone that the manager was the right choice after a nationwide search. He is grateful for the manager and the decisions he has made with the Police Department as it is a step in the right direction. Commissioner Bass said it is a breath of fresh air to hear the comments made towards the manager and the praises being given to the Police Department. She prays that wisdom supersedes personal interests. Commissioner Burke said from what he hears, it sounds like the manager is leaving the City. He questioned if there was trouble with the manager's job. Mayor Pigatt encouraged the residents to take the time to participate during Citizens Input so their opinions can be heard. 12. ACTION ITEMS: 13. ADMINISTRATION: CONSENT AGENDA: 13-1. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN MIAMI-DADE COUNTY, FLORIDA, AND 4 Virtual Regular Commission Meeting Minutes — October 14, 2020 THE CITY OF OPA-LOCKA, FLORIDA, TO AUTHORIZE THE MIAMI-DADE COUNTY OFFICE OF FILM AND ENTERTAINMENT TO ISSUE PERMITS TO FILM AND STILL PHOTOGRAPHY PRODUCTION COMPANIES FOR THE UTILIZATION OF CITY FACILITIES AND SERVICES, AS AUTHORIZED BY THE CITY; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager 13-2. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, ADOPTING THE CURRENT MIAMI-DADE COUNTY LOCAL MITIGATION STRATEGY, AS AMENDED, IN ACCORDANCE WITH THE NATIONAL FLOOD INSURANCE PROGRAM COMMUNITY RATING SYSTEM REQUIREMENTS; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager It was moved by Commissioner Kelley, seconded by Commissioner Bass 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: 15. PLANNING & ZONING: A. PUBLIC HEARINGS: 1. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, APPROVING AN AMENDMENT OF THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OFOPA-LOCKA AND CENTERPOINT PROPERTIES TRUST, TO CONSTRUCT A TRACTOR TRAILER TRUCK PARKING FACILITY ON THE VACANT LAND IDENTIFIED BY FOLIO 08-2129-018-0010 AND 30-2129-018-0010 IN THE I-3 ZONING DISTRICT AND ATTACHED AS EXHIBIT "A" HERETO; PROVIDING FOR APPROVAL; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager The above resolution was read by Assistant Attorney Cobb. 5 Virtual Regular Commission Meeting Minutes — October 14, 2020 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 Burke for discussion. Planning & Community Development Director Gregory Gay said the changes made to the development are being brought back for transparency and consideration by the commission. He said the staff is recommending approval at this time. Brian Hollings, CenterPoint Properties, said the item came before the commission about a year ago and since then the market has changed. He said this is the reason for the amendment to make the property a storage yard. They are asking for temporary storage of construction equipment and truck storage and also a small facility that is currently under construction and will be complete and ready for lease in December. Commissioner Kelley said anytime these kinds of items come about, when changes are made, what is promised does not pan out. For example the landscaping is not a part of the site in terms of beautification, but was originally agreed upon. Vice Mayor Davis said he is not really a fan of placing heavy equipment at the site because he does not think it will be enforced properly. Commissioner Burke said he would prefer there be a secure place available for storage rather than construction companies storing their equipment along the side of the road. Mr. Gay said his understanding is that the primary use is for the parking of tractors and trailers, but the temporary use is for construction equipment. Mayor Pigatt asked if dirt, stone, or gravel will be stored at the site. Mr. Gay said it has not been approved for that. Vice Mayor Davis said that was his concern because the agreement was not clear. 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 6 Virtual Regular Commission Meeting Minutes — October 14, 2020 Mr. Hollings thanked the commission for their consideration and approval. 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 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 Commissioner Kelley for discussion. Budget Administrator Robert Anathan went on to give a brief presentation explaining that the budget has usually been presented to the commission and the state in one whole document which is a lot of information to review. It has now been split in two to give an opportunity to better review the material. His presentation on the amendment focused on the Police Department, employees' salaries, and beautification projects. Vice Mayor Davis thanked Mr. Anathan for the work he has done on the budget and presenting it in two forms to it can be more easily viewed by the commission. Commissioner Kelley agreed with Vice Mayor Davis. There being no further discussion, the motion on the ordinance passed by a 5-0 vote. Commissioner Burke Yes 7 Virtual Regular Commission Meeting Minutes — October 14, 2020 Vice Mayor Davis Yes Commissioner Kelley Yes Commissioner Bass Yes Mayor Pigatt Yes 2. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AMENDING CHAPTER 13 OF THE CITY OF OPA-LOCKA'S CODE OF ORDINANCES, ENTITLED "LICENSES AND BUSINESS REGULATIONS", ARTICLE XIV ENTITLED "LANDLORD PERMIT", SPECIFICALLY AMENDING SECTION, 13-274(3) TO REQUIRE THAT ALL APARTMENT BUILDINGS WITH ONE HUNDRED FIFTY (150) UNITS OR MORE TO BE REQUIRED TO HAVE ONSITE 24-HOUR ARMED OFF -DUTY POLICE OFFICER SECURITY; AMENDING SECTION 13-278(5)(b) TO REQUIRE PERMIT APPLICATIONS WITH ONE HUNDRED FIFTY (150) OR MORE APARTMENT UNITS TO COME A SEPARATE FORM TO BE CREATED BY CITY CONTAINING AN ACKNOWLEDGEMENT THAT A DAILY LOG WILL BE KEPT CONTAINING THE NAME OF THE ONSITE OFF - DUTY POLICE OFFICER BEFORE A PERMIT SHALL BE ISSUED; PROVIDING FOR ADOPTION OF REPRESENTATIOONS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager, Commissioner Kelley, and Vice Mayor Davis The above ordinance was read by Assistant 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 Kelley, seconded by Vice Mayor Davis for discussion. City Manager Pate said over the last ninety days, the drugs and guns that have been taken from both the Cordoba and the Glorietta Apartments have been an accomplishment. The Police Department will continue to monitor those high crime areas. Vice Mayor Davis thanked Commissioner Kelley, the manager and the Police Department for teaming up and making sure that the City is doing what it needs to do to curb the crime in those areas. Mayor Pigatt said when the item was first brought forth he was not in support of it because It would affected those complexes with smaller units. He asked the manager how many properties will be impacted by this. 8 Virtual Regular Commission Meeting Minutes — October 14, 2020 City Manager Pate said there will be three complexes impacted this and he is going to be working with the attorney to determine what additional changes will be made by second reading. Mayor Pigatt said once these laws are passed they will remain on the books forever and if new developments are constructed, they may be affected by this. He hopes there will be no deterrence for developers and the request to amend be added to the item for second reading. There being no further discussion, the motion on the ordinance passed by a 4-0 vote. Commissioner Burke Not Present 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 normally at the first meeting for the month he provides an update on what was done over the last two weeks and then in the second meeting for the month, he gives a broad update to include updates from each department. In terms of the COVID-19 (Coronavirus) he is taking steps to slowly open and will determine if schools can be open safely without causing a spike in cases. The testing site had closed down temporarily as the workers were needed at another site, but they have since returned and everyone is encouraged to test if need be. He emphasized that even though there are some who feel as if the virus is gone; it is still here and is not going anywhere any time soon. The beautification projects will be moving forward and funds have been placed in the new budget for the completion of these projects. Mayor Pigatt said he has seen where the bus benches are coming up missing and the riders have to stand around or find somewhere nearby to sit. He asked the manager what can be done in the future to prevent this from happening. City Manager Pate said the City did not own the benches and when the agreement expired, the vendor came and retrieved the benches. Mayor Pigatt said that the manager has been working on behalf of the City in the last year and the commission is vested in with all of the projects that have been going on. He said that an opportunity has risen for the manager to move on and work for one of the most talk about cities 9 Virtual Regular Commission Meeting Minutes — October 14, 2020 in the country which is the City of Milwaukee where George Floyd was murdered. He asked the manager to elaborate on his current situation. City Manager Pate said he has accomplished many things in the past and have also experienced a lot of negativity and while he is grateful for the opportunity to work in the City, he is torn. He said that while he did apply for the position at the City of Milwaukee, he is one of six finalists and it can go either way as the other finalists are qualified professionals. Commissioner Bass encouraged the manager not to jump ship until his contract is up as she has seen what he has accomplished and is use to him as the manager for the City. 18. OFFICIAL BOARD REPORTS: Vice Mayor Davis asked for a report on all five boards to include ordinances, their functions, members, and appointed clerks. 19. FUTURE AGENDA ITEMS: 1. Beautification Project where each member of the commission adopts a particular area in the City to improve — Sponsored by Commissioner Bass Vice Mayor Davis said this item is similar to the item the mayor suggested ahead of this one. He said that he supports it, however, he hopes that the initiative is taken to be responsible for these areas. Commissioner Kelley agreed and said he hopes the commission takes ownership and utilize the funds that have been set aside to make the beautification project successful. A debate was held amongst the commission to determine whether or not to take an official vote on the item or be in agreeance on their support of the item. City Attorney Norris -Weeks said it is not necessary to take an official vote until the item comes back before the commission in the form of legislation. The commission decided to bring the item back in the form of a resolution and the clerk completed a roll call. The item passed by a 4-0 vote. Commissioner Burke Not Present 10 Virtual Regular Commission Meeting Minutes — October 14, 2020 Vice Mayor Davis Yes Commissioner Kelley Yes Commissioner Bass Yes Mayor Pigatt Yes 2. Protection for Independent Contractors from sexual harassment and other forms of discrimination — Sponsored by Vice Mayor Davis Vice Mayor Davis said in an effort to be more transparent he would like to see this item brought back to support Independent Contractors. He said the item is not of immediate importance in terms of time, but he would like to see legislation at some point in time. City Manager Pate said he will need to work with the attorney to see how this will affect the City's insurance and possible future liabilities. The commission decided to bring the item back in the form of a resolution and the clerk completed a roll call. The item passed by a 4-0 vote. Commissioner Burke Not Present Vice Mayor Davis Yes Conunissioner Kelley Yes Commissioner Bass Yes Mayor Pigatt Yes 3. Orientation for Newly Elected Officials after each municipal election to include: strategic planning and accountability plan for the manager in the upcoming year outlining the goals of the City moving forward; all departments to present their goals, objectives, and challenges in a workshop setting — Sponsored by Commissioner Bass Mayor Pigatt said he feels it is very important for newly elected officials to be given the information they need including knowledge on how government works. The City currently has no specific information on how new officials are supposed to conduct themselves coming into office. City Manager Pate asked the commission to give him one month to create a report that details how the workshops will be conducted moving forward. He proposed 11 Virtual Regular Commission Meeting Minutes — October 14, 2020 November 18, 2020 to come back with the information as the next commission meeting is November 11, 2020 and this is a holiday. This will allow him to gather and research the information to be brought before the commission. Since the second meeting in November has always been historically in observance of the Thanksgiving holiday the commission agreed with the manager. A motion was made to cancel the second meeting in November and convene the first Regular Commission Meeting in November on November 18, 2020. It was moved by Commissioner Kelley, seconded by Vice Mayor Davis to pass the motion. Mr. Anathan reminded everyone that there will be a budget amendment held in November and it is going to take two hearings. City Manager Pate said he will get back to the commission because this will take some coordination and they will have to create a timeline for completion of the amendment. Commissioner Kelley said the advertisement for the first hearing should be ready by the November 18, 2020 meeting so he is unclear as to why this cannot take place. City Manager Pate said they are currently in the middle of a meeting without consulting with staff on their ability to gathering the information. Mayor Pigatt asked Commissioner Kelley to defer his motion until the next meeting to give the manager and staff time to compile what is needed for first reading and only vote on the orientation. There being no further discussion, the motion on the orientation for elected officials passed by a 4-0 vote. Commissioner Burke Not Present Vice Mayor Davis Yes Commissioner Kelley Yes Commissioner Bass Yes Mayor Pigatt Yes 12 Virtual Regular Commission Meeting Minutes — October 14, 2020 4. Develop a standard beautification/detailed maintenance plan for the City — Sponsored by Mayor Pigatt Mayor Pigatt said the reason for this item is to ensure the City has a standard of beauty that is put in place to maintain its beautification. City Manager Pate said once this is brought back to the commission in the form of legislation, the beautification project will have already begun. Mayor Pigatt withdrew his motion. 19. MAYOR /COMMISSION REPORT: Commissioner Kelley thanked everyone including Pro Cuts and Carolina Housing for assisting with the book bag giveaway that supplied over 200 book bags to youth in the City of Opa-locka. He also thanked everyone who assisted with the cleanup project at the Gladys Coachman Gardens and the roundabout. He announced that he will be co -hosting a Farm Share food distribution program with Commissioner Burke on October 23, 2020 from 10:00 a.m. — 1:00 p.m. He said he was waiting for final approval from the county regarding the street naming for outgoing Commissioner Barbara Jordan who has always championed for the City throughout her years in public office. Vice Mayor Davis said they are working on the rental assistance program and are awaiting for the county commissioners to make determination on when the funds will be approved and distributed. Mayor Pigatt thanked all of the residents and employees that were involved in the community cleanup. He said he is in support of the rental assistance program and hopes the funds will be available soon. He said with everything that is going on in and around the City, it shows that the City is moving forward. 20. OFFICIAL BOARD APPOINTMENTS: 21. 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 9:29 p.m. ./Ae MAYOR 13 Virtual Regular Commission Meeting Minutes — October 14, 2020 ATTEST: 14 Virtual Regular Commission Meeting Minutes — October 14, 2020