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HomeMy Public PortalAbout11-November 19, 2020 RRCMCITY OF OPA-LOCKA "The Great City" RESCHEDULED REGULAR COMMISSION MEETING November 19, 2020 7:00 P.M. 1. CALL TO ORDER: Mayor Matthew A. Pigatt called the Regular Commission Meeting (Rescheduled) to order at 7:00 p.m. on Thursday, November 19, 2020, in the Auditorium at Sherbondy Village, 215 Perviz Avenue, Opa-locka, Florida. 2. ROLL CALL: The following members of the City Commission were present: Commissioner Sherelean Bass, Commissioner Alvin Burke, Vice Mayor Chris Davis, and Mayor Matthew A. Pigatt. Also in attendance were: Assistant City Manager George Ellis, City Attorney Burnadette Norris -Weeks, Assistant City Attorney Candace Cobbs and City Clerk Joanna Flores. City Manager John Pate appeared remotely and Commissioner Joseph L. Kelley arrived at 7:06 p.m. 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/ACKNOWLEDGMENTS: There were none. 6. APPROVAL OF CONSENT AGENDA AND PULL LIST (deferrals and deletions): Commissioner Burke pulled agenda item 13-2 (Pulled items would be discussed separately under agenda item 12 — Action Items). It was moved by Commissioner Burke, seconded by Vice Mayor Davis to approve the Consent Agenda. The Consent Agenda passed by a 4-0 vote. Commissioner Burke Yes Vice Mayor Davis Yes Commissioner Bass Yes 1 Regular Commission Meeting Minutes —11/19/2020 Commissioner Kelley Absent Mayor Pigatt Yes 7. APPROVAL OF AGENDA: Clerk Flores advised of the request to amend the agenda to include the following under agenda item 14-1 New Items: 14-1: AN EMERGENCY 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 FORTY (40) 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 APPLICANTS WITH FORTY (40) OR MORE APARTMENT UNITS TO COMPLETE A SEPARATE FORM TO BE CREATED BY CITY CONTAINING AN ACKNOWLEDGMENT THAT A DAILY LOG WILL BE KEPT CONTAINING THE NAME OF THE ON -SITE ARMED OFF -DUTY POLICE OFFICER BEFORE A PERMIT SHALL ISSUE; PROVIDING FOR ADOPTION OF REPRESENTATIONS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager Manager Pate advised that as the Commission is aware of the rampant amount of crime that has occurred in apartment complexes. This add-on was to be on the agenda, however, it was overlooked. Based on the recent shootings in the city, this is an emergency circumstance and is in the best interest of the city. Mayor Pigatt asked the City Attorney if an emergency ordinance can be included on the agenda as an add-on item. Attorney Cobbs replied, yes it can. The ordinance has already been read into the record prior and this would be the second reading, there was a clerical oversight so it should be fine. It was moved by Commissioner Kelley, seconded by Vice Mayor Davis to amend the agenda to include item 14-1. There being no discussion, the motion passed by a 5-0 vote. Commissioner Kelley Yes Commissioner Bass Yes Commissioner Burke Yes Vice Mayor Davis Yes Mayor Pigatt Yes 2 Regular Commission Meeting Minutes — 11/19/2020 It was moved by Commissioner Bass, seconded by Commissioner Burke to approve the agenda. There being no discussion, the motion passed by a 5-0 vote. Vice Mayor Davis Yes Commissioner Kelley Yes Commissioner Bass Yes Commissioner Burke Yes Mayor Pigatt Yes 8. APPROVAL OF MINUTES: Virtual Regular Commission Meeting Minutes — October 28, 2020 It was moved by Commissioner Bass, seconded by Vice Mayor Davis to approve the minutes of the Virtual Regular Commission Meeting on October 28, 2020. There being no discussion, the motion passed by a 5-0 vote. Commissioner Bass Yes Commissioner Burke Yes Vice Mayor Davis Yes Commissioner Kelley Yes Mayor Pigatt Yes 9. DISTRICT ONE / DISTRICT TWO - COUNTY COMMISSIONER REPORT: There were none. 10. PUBLIC PRESENTATIONS: 1. Florida Department of Transportation (FDOT) ref: Operation S.T.R.I.D.E (Statewide Traffic and Railroad Initiative using Dynamic Envelopes) Paula Baez, Consultant for the Florida Department of Transportation, District Six, appeared virtually via zoom and reported on the initiative Operation S.T.R.I.D.E. — Statewide Traffic and Railroad Initiative using Dynamic Envelopes. The presentation included information about implementation and tips for safety behavior around railroad tracks. Commissioner Kelley asked, what is the time frame on what is being proposed? Ms. Baez said that the implementation of all construction is to be completed by March 2022, but they are working quickly and are confident that it will be much sooner. 3 Regular Commission Meeting Minutes — 11/19/2020 Commissioner Kelley said that one of the challenges in the past with railroad crossings when improvements are scheduled is the lack of advance notification to the community. He assumed that the notification was a part of the logistical layout. Ms. Baez said they did coordination beforehand with the city's Public Works Department as well as coordinated with the County in getting approval because the pavement markers in the future will be maintained by the County. Commissioner Kelley stated that although there has been contact with the County, in the past, it has been lost in translation getting to the city so the city can let the residents know. He further thanked Ms. Baez for the presentation. Mayor Pigatt thanked Ms. Baez for bringing this project to the city's attention and to the public. He said that there are some railroad crossings in Opa-locka that are in need of attention. He asked, what is the time frame for getting the railroad crossings in Opa-locka fixed? Ms. Baez said that the dynamic envelopes were already implemented on all the crossings in Opa- locka that are owned by the State. She said she represents the Florida Department of Transportation and they are only doing these improvements on State owned facilities which are the crossings on South Florida Corridor and crossings on the State roads. She advised that they have completed everything that they were going to do in Opa-locka. Mayor Pigatt asked for clarification as to whether Ms. Baez is saying that the work has already been completed in Opa-locka. Ms. Baez replied, yes, the payment markings. Mayor Pigatt informed Ms. Baez of the railroad crossing on Opa-locka Boulevard and Ali -baba Avenue which is pretty rough getting through. The city sent a request to get that paved and done and he would hope with this process that can be completed swiftly. Ms. Baez advised that Mayor Pigatt is speaking about railroad crossing reconstruction and this project of which she is speaking on does not include any railroad crossing reconstruction. She said she can exchange contact information and the Department can get back with the Mayor once they review the agreements for Opa-locka. She said when they previously contacted the city's Public Works Office, the city mentioned that the crossings needed reconstruction. However, in reviewing the agreement from when that crossing was installed, the surface reconstruction is the responsibility of the City of Opa-locka and the signalization maintenance would be the responsibility of the County because this is off system roadway and it is not a part of the state road system. Mayor Pigatt thanked Ms. Baez for the information and extended an open invitation to FDOT to come back to the City of Opa-locka with future updates. 11. CITIZENS' FORUM: (Opportunity for discussion of any concerns — please limit to 3 minutes) 4 Regular Commission Meeting Minutes —11/19/2020 Clerk Flores stated the protocols for virtual public participation due to COVID-19. Mayor Pigatt opened the floor for Citizen's Forum. 1. Natasha Ervin of 670 Dunad Avenue, Opa-locka, Florida, came forward and spoke about the establishment of the Booster Club, their accomplishments over the years and the success of the annual Christmas Toy Giveaway. She said the Booster Club would like to continue their partnership with the City of Opa-locka Parks & Recreation. 2. Gary Johnson of 13235 Alexandria Drive, Opa-locka, Florida, came forward and expressed his concerns regarding the recent crimes at Glorietta Apartments; the lack of police presence in that area since the city did away with the curfew; and the flooding issues at Glorietta. He urged the city to come up with some kind of forum to address the crime and flooding at Glorietta Garden Apartments. Vice Mayor Davis said he worked closely with Glorietta Gardens Apartments on the Tenant Association. With regards to the recent shooting, this is not a new issue; this is something that all of them on the dais have contemplated numerous times as to how do they solve crime/violence. He said that he and Commissioner Kelley sponsored legislation to require apartment complexes of a certain size to have armed security and since then the city has moved to requiring police security as oppose to that. One of those measures was actually put in place to solve the issue as it relates to violence in the community. As it relates to the Toy Drive, he said he was unsure as to what the city is doing, but he did ask the City Manager about having a more coordinated effort. Although everyone has different ideas, they all serve one community and he believes impact goes further when resources are combined. He reiterated that he wasn't sure what direction the city was going in terms of the Toy Drive, but he would like to see those efforts consolidated, if possible. Commissioner Burke said he was unaware that the Booster Club was no longer affiliated with the city's Parks & Recreation Department for the Toy Giveaway. For the years he's been with the city, when the city had no money and could not hold a Toy Drive for the kids in the City of Opa-locka, the Booster Club got together, washed cars and sold food to get money to provide toys for the kids. The city is saying that they have money now and they no longer need the Booster Club because they are going in a different direction. He asked, what direction is the city going in? He further said if there was a problem with the Booster Club and Parks & Recreation during the Christmas Giveaway, the least the city could have done was have a meeting with the Booster Club and express any concerns see if it could have been resolved. The city is always saying we want participation from our citizens, but when the citizens go above and beyond to participate in the city, then the city turns around and says they no longer want them to participate. He is just now hearing about this for the first time. Commissioner Bass informed Ms. Ervin that as of tomorrow she was at her disposal. 5 Regular Commission Meeting Minutes —11/19/2020 Commissioner Kelley asked the City Manager, what has been determined, if anything, regarding the Toy Giveaway? Manager Pate advised that the city had not made any official notification to the Booster Club in regards to their participation with the city this year. Last year, upon coming on as City Manager, they attempted to work with the Booster Club as far as providing financial assistance and what the Finance Department determined is that they needed a 501 C3 to be officially registered with the State of Florida as an entity in order to seek donations. At no time has his administration denied this fact. He has offered to meet with both individuals and they will be meeting in the near future to discuss their aspirations as far as the Holiday season, but the City Manager's Office nor the City of Opa-locka has sent out any communications saying they are not working with the Booster Club. He further said the intent for everybody on the dais, including himself, as the Vice Mayor stated, is to have a more coordinated effort in that there is a partnership with the city and the Booster Club so that they can do a joint event. Commissioner Kelley shared the sentiments of his colleague because when the city didn't have the funds, the Booster Club stepped in and stepped up. He hoped that because the city has a few dollars they don't forget from which they've come. Hopefully, the Commission will follow through and they would have a successful and a great Holiday Season including the Christmas Tree Lighting and all of those kind of things. He went on to say that there is an item on the agenda tonight regarding public safety so he will wait until that portion of it; however, there is a great concern and he does share Mr. Johnson's frustration about having a coordinated effort with the challenges going on at the apartment complex there and others. So hopefully going forward the city will really address that and do something in a more cohesive manner to address those kind of challenges. Mayor Pigatt addressed the Toy Drive and the partnership and said he did search and found that the Opa-locka Booster Club did take the steps to become a certified business with the State of Florida as of October. It is good to see that they are taking the steps to continue that partnership. In the future agenda items, one of the things he requested was having an annual list of events coordinated as a city, as a Commission, as a community. That will hopefully be on the agenda for the next upcoming meeting, to establish these events on one accord to move this city forward and ensure that all holidays are taken care of. He said the previous week he asked about the plans for the Tree Lighting and there were no plans so this coming Monday he does have a meeting to discuss those details. Hopefully with the event protocol, the city can ensure these events are planned in advance and all of the community partners have their place to make it a very successful event for the community. With regards to Glorietta Gardens, he said there are a lot of challenges happening at that property and it is not good for any human being at all to be living in fear and flooding with those types of hazards. The city has been working with management to address the issues raised by Mr. Johnson and one of the issues in particular that they need to focus on is the flooding. He advised that there 6 Regular Commission Meeting Minutes —11/19/2020 is an item on the agenda that would allow the city to move forward along with what is currently being done to enforce the code all around the City of Opa-locka. He requested that the City Manager provide an update on the police substation at Glorietta Gardens and also the concern about the flooding situation with the surrounding properties. Manager Pate reported that over the last week, the city had very productive meetings with management/ownership of the property; meetings that have not occurred in the past as far as a coordinated effort with the elected officials, city staff, City Manager's office, the actual owners of the property and their management company. In the development agreement with Glorietta Garden, the property owner and management are solely responsible for the drainage of the property. The city is looking into any contributing factors that the city may have in regards to the contribution of flooding on the property. He said there are issues with leveling of land to prevent flooding and the pipe that leads to the drainage pond to the canal which may be clogged or potentially broken. There is a dispute between management and the city at this time on who is responsible for fixing that. Also, there is a hole leading from the junk yard to the property and that has been thoroughly investigated and as far as the junk yard, they are responsible for punching that hole in the wall with a fork lift. The junk yard has been fined and placed on notice. As far as Alexandria Drive, there is an accidental hole on the wall by a third party contractor that worked for the city and that repair was immediately made by that third party contractor. That hole has not contributed to any flooding, not the extensive flooding on Glorietta Gardens. The city has requested its engineer to do an assessment of the area and suggested to management to do an assessment of their property to be able to come together for a solution. He further stated that there is legislation on the agenda with regards to the city taking action as far as issues management should have been doing but the city is going to step forward with funds and then seek reimbursement from management either through legal processes or a lien. As far as the police substation is concerned, Manager Pate said he emailed management with the necessary requirements for the substation. Once the necessary requirements are completed, the police substation will be manned by on -duty and off -duty officers. He continued by saying that the city has a Street Crimes Unit that has been working diligently to curve violent crime over at 22nd Avenue Apartments and Glorietta Gardens Apartments. Mayor Pigatt acknowledged Miami -Dade County and State Representative James Bush for their support during the recent flooding events throughout the city. 12. ACTION ITEMS (items from consent agenda pull list): 1. (13-2) AN EMERGENCY RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, RATIFYING THE CITY MANAGER'S DECISION TO ISSUE A PURCHASE ORDER FOR H.W. LOCHNER, INC. FOR THE PROVISION OF QUALIFIED PROFESSIONAL SERVICES TO DESIGN AND PREPARE A COMPLETE SET OF CONSTRUCTION CONTRACT PLANS FOR THE RETENTION POND REHABILITATION PROJECT AT GLORIETA GARDENS APARTMENTS; 7 Regular Commission Meeting Minutes —11/19/2020 AUTHORIZING THE CITY MANAGER TO ENTER INTO A FORMAL AGREEMENT REGARDING SAME, IN AN AMOUNT NOT TO EXCEED THIRTY-SIX THOUSAND SIX HUNDRED DOLLARS ($36,600.00); PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager The above resolution was read by Attorney Cobbs. It was moved by Commissioner Burke, seconded by Vice Mayor Davis for discussion. Manager Pate said the above item is being sponsored by the City Manager's Office on behalf of the Public Works Department. He requested Mr. Airia Austin come forward to explain this matter in detail. Airia Austin, Public Works Director came forward and explained that in light of the flooding conditions at Glorietta Gardens, the city thought it best to have an engineer directly study the problems that exist in this area and provide plans for resolving the canal. The city requested the contractor upfront to allow for one hour of storage in the retention without the activation of any pumps in the event there is a catastrophic failure of electricity, they will be able to mitigate any flooding by storing the water for a period of time to allow for the safe operation of the facility and then pumping into the canal. Once the determination is made, including the possibility of deep well injections systems rather than pumping it out to the canal; we'll inject directly back into the ground. After which they will be providing the city with plans to perform construction. Commissioner Burke said that the city is spending $36,000 just for plans and not for construction. Mr. Austin replied, this is not for the construction. Commissioner Burke asked, if the city is paying for the plans, who is going to pay for the construction? Mr. Austin said the project will be put out to bid after which it will be a determination if the property owner will pay for the construction or if the city will have to do that in light of life, health and safety of the residents at Glorietta Gardens. Commissioner Burke said that this is private property. There are many taxpaying residents whose homes were flooded and they had to incur the cost. Although he sympathized with the residents at Glorietta Gardens, the city should be in the business of making sure the owners take care of this. The city has streets that are flooded. He asked the City Attorney if there was a way the city could recoup the money. Attorney Norris -Weeks said that she was told earlier this week that some of these issues may have gone to Code Enforcement before, so the City Manager is looking into that and to see where that is in the process of what had been done. If there was some mechanism that has been going through Code Enforcement, they will figure that out, otherwise the other alternative is to enforce the development agreement which is the city's legal right if the Commission decided to pursue the 8 Regular Commission Meeting Minutes — 11/19/2020 land owner to come into the compliance with the development agreement, that's certainly an option. But it sounds like there are communications taking place at this time so the City Manager would be in a better position to discuss the issues as to whether litigation would be fruitful or not. Vice Mayor Davis said that the issue at Glorietta Gardens is a public health concern and he could understand why the City Manager is seeking a remedy or solution to the issue, however, the 2015 development agreement clearly states that Glorietta Gardens is responsible for the maintenance of the retention pond. He said his position is that he doesn't think the city should spend taxpayer dollars to remedy a private issue because ultimately there is an agreement in place that is not being adhered to. He said this in essence sets a bad precedence because he doesn't want to reward property owners for not being in compliance. If anyone knows the history of these particular property owners, they recently received millions of dollars in tax credits to refinance the property. Being that flooding has been a long standing issue within the community and not to have seen that addressed in the most recent rehab, that was done tax credit, done through subsidies, he must say he cannot support this issue. Commissioner Kelley agreed with his colleagues, however, the challenge he sees with this resolution is that it is ratifying what the City Manager has already done. The City Manager has already taken this action that the Commission is ratifying, if the Commission does not approve it, the city will be on the hook anyway. He asked the City Attorney if he was interpreting this item correctly. Attorney Norris -Weeks advised that if the document has been executed according to the terms, the city may be liable, however, she would have to review the document. Commissioner Kelley said that the term "ratifying" in the resolution basically means that the City Manager has already taken the action and the Commission is ratifying what has been done. Although the Commission may be oppose to it, as he looks at the document, in his opinion the city would be on the hook for the $36,000 regardless. He said that his challenge is that a special meeting should have been called for something of this magnitude because this is long standing issue that goes back with many issues and the City Manager eluded to some of them in his comments when he basically said that the owners need to step up to the plate. He continued to say that if the city continues to bail the property owners out, then there is no need for them to step up to the plate. He said he'd also received the calls of flooding on streets of people who couldn't get out to go to work but yet we are pumping which he understands health and safety, however, they did not get to some of the other areas of the city like Archbishop, Curtiss Drive, York Street and Superior Gardens that had flooding issues for several days. If the city is going to do something and embark on that plan, then they must include the entire city. He further said that the question remains as to whether or not the city is on the hook for the $36,000 because it doesn't make sense to not approve this item if the city is on the hook, otherwise, the city may become liable for the $36,000. He went on to express his concerns relating to the challenge with seeking reimbursement and making the property owners responsible for implementing the plans. 9 Regular Commission Meeting Minutes —11/19/2020 Mr. Austin said that the contract has been signed and the contractor is already on board. Commissioner Kelley said that the city is on the hook for the $36,000 and it doesn't matter what the Commission does. He stated that he has a problem with putting out that kind of money without having a special meeting for health and safety which could have easily been called in 24 hours. Moving forward, when the city has these types of situations, he would hope that a special meeting is called. He stated to his colleagues that while he agrees with everything they've said, if this item doesn't pass, the city will still have to pay. Mr. Austin said that the secondary aspect of this safety and emergency is the fact that the sanitary sewer system is being directly impacted which could cause catastrophic failure to the city's system from pumping stormwater into the sanitary sewer system. This is one station that is directly connected to the Master Pump Station and the failure of that station would fill most of the city's systems. This is the urgency in which the city had to proceed to get this work done to try and resolve this concern. While Manager Pate appreciated the sentiments of the Commission with regards to their concerns of the $36,000 expenditure, he said at the end of the day the buck does stop with him in regards to this action. The action was done because of several complaints from residents in Glorietta Gardens to DERM, Florida Department of Health, Representative Bush's Office, Federal Elected Officials Office, EPA and various other entities in regards to this matter. Because the flooding at Glorietta Gardens does directly impact the city' s sanitary system, the Vice Mayor eluded to this, the stormwater mixes with sanitary sewer which results in a larger issue. This is what happens when Glorietta Gardens floods, there is a mixture or rain water and sanitary sewer water and it does impact the city's pump station. As the City Manager, he made the decision under emergency based on the health, welfare and safety of the residents at Glorietta Gardens as well as the residents of Opa-locka in that if that Master Pump Station fails, that catastrophic failure will cause sanitary sewer back-up in homes all across the City of Opa-locka. Secondly, he said that in order to hold the property owners responsible for the maintenance of the property, the city must have some type of documentation on a plan from a professional engineer of the cause of flooding at Glorietta Gardens so that the City Attorney can take action. Merely asking management to take action has not worked for several years and he wants to make sure the city has the professional assessments in place, if needed, to take legal action against Glorietta Gardens to include the reimbursement of the $36,000 in addition to any future expenses in regards to the city as it affects the sanitary sewer system. He further explained that as the City Manager he felt this was prudent and he stands on it. He said he was hired to do a job and requested the Commission's undivided support on this legislation. Mayor Pigatt pointed out that per the city's charter sections 2.5 subsections 10 and 11 — Powers of the City Commission is to provide for the safe and sanitary housing of low income families and to adopt, modify, and carry out plans, propose the clearance of slum districts and rehabilitation of blighted areas. It is the duty of the Commission to provide for the residents and make sure the 10 Regular Commission Meeting Minutes —11/19/2020 people are taken care of and he does support the City Manager in making sure this gets done. The living conditions out there with regards to the flooding are unconscionable. As the City Manager stated, this plan will give an idea of what the situation is so that everyone can be held accountable. This Commission declared a flooding emergency throughout the City of Opa-locka, pulled together architects and engineers to address these issues who are currently in the middle of conducting a city-wide flooding assessment to address all areas. This is just a component of the city-wide effort to address the flooding and dealing with the condition of those with the most needs within the city at this time. He further said he was in full support of this item, but he did hear the sentiments of his colleagues that the city needs to hold management accountable, make sure Code Enforcement is doing their job to ensure the city's codes are being upheld in that property, and make sure the Commission is well aware. He requested that in the future the City Manager keep the Commission abreast of these types of expenditures prior to the meeting and that they have more understanding prior to the meeting. There being no further discussion, the motion passed by a 5-0 vote. Vice Mayor Davis Yes Commissioner Kelley Yes Commissioner Bass Yes Commissioner Burke Yes Mayor Pigatt Yes 13. ADMINISTRATION: CONSENT AGENDA: 1. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, ADOPTING THE ELECTION RESULTS OF THE CITY OF OPA-LOCKA GENERAL ELECTION HELD ON NOVEMBER 3, 2020, FOR THE PURPOSE OF ELECTING TWO CITY COMMISSIONERS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Clerk This item passed under the approval of the Consent Agenda — Agenda Item 6. 14. NEW ITEMS: 1. AN EMERGENCY 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 FORTY (40) UNITS OR MORE TO BE REQUIRED TO HAVE ONSITE 24 -HOUR ARMED OFF -DUTY POLICE OFFICER SECURITY; 11 Regular Commission Meeting Minutes —11/19/2020 AMENDING SECTION 13-278(5)(b) TO REQUIRE PERMIT APPLICANTS WITH FORTY (40) OR MORE APARTMENT UNITS TO COMPLETE A SEPARATE FORM TO BE CREATED BY CITY CONTAINING AN ACKNOWLEDGMENT THAT A DAILY LOG WILL BE KEPT CONTAINING THE NAME OF THE ON -SITE ARMED OFF - DUTY POLICE OFFICER BEFORE A PERMIT SHALL ISSUE; PROVIDING FOR ADOPTION OF REPRESENTATIONS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by Commissioner Kelley and Vice Mayor Davis The above ordinance was read by Attorney Cobbs. 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 to pass the ordinance. City Manager Pate stated that the sponsors of the above legislation are Commissioner Kelley and Vice Mayor Davis. Commissioner Kelley said he would not prolong the time since this was already discussed in length the first time and the only question was the amount of units which has been adjusted. Going forward, he said he would just hope like all the other issues concerning the apartment complexes, that the city really hold people accountable. Vice Mayor Davis thanked Commissioner Kelley for allowing him to co-sponsor the item. The Commission has been working hard and looking at ways to make the community safer and to remedy violence which is one of those issues that's very difficult to wrap your arms around. This move is a more safer step to providing security and making sure our community is able to enjoy themselves and flourish. Commissioner Burke said this ordinance is great but it was in place previously. If the city is serious about this, they're going to have to follow through with this and enforce it. For the health and safety of the residents, he asked that the city stay on top of this. There being no further discussion, the motion passed by a 5-0 vote. Commissioner Bass Yes Commissioner Burke Yes Vice Mayor Davis Yes Commissioner Kelley Yes Mayor Pigatt Yes 15. PLANNING & ZONING: A. PUBLIC HEARINGS: 12 Regular Commission Meeting Minutes —11/19/2020 1. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, APPROVING TENTATIVE PLAT REVIEW FOR THE CONSTRUCTION AND OPERATION OF A WAREHOUSE/DISTRIBUTION CENTER ON THE PROPERTY LOCATED AT 12700 NW LE JEUNE ROAD IDENTIFIED BY FOLIO 08- 2129-000-0032, IN THE B-3 ZONING DISTRICT; PROVIDING FOR APPROVAL; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager The above item was ready by Attorney Cobbs. Mayor Pigatt opened the floor for a public hearing. Jane Storms, representing the applicant for the above item appeared virtually and advised that she was available to answer any questions regarding the item. There being no further persons to speak on the public hearing, the public hearing was closed. It was moved by Vice Mayor Davis, seconded by Commissioner Burke to approve the resolution. There being no discussion, the motion passed by a 5-0 vote. Commissioner Kelley Yes Commissioner Bass Yes Commissioner Burke Yes Vice Mayor Davis Yes Mayor Pigatt Yes B. APPEALS: 16. ORDINANCES/RESOLUTIONS/PUBLIC HEARINGS: A. FIRST READING ORDINANCE(S)/PUBLIC HEARING(S): 1. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, APPROVING AND ADOPTING THE OPA-LOCKA COMMUNITY REDEVELOPMENT AGENCY'S PROPOSED GENERAL OPERATING AND TAX INCREMENT FUND BUDGET FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2020 AND ENDING SEPTEMBER 30, 2021 AS SET FORTH IN EXHIBIT "A"; DIRECTING THE EXECUTIVE DIRECTOR TO TRANSMIT A COPY OF SAID BUDGET TO THE CITY OF OPA-LOCKA AND MIAMI-DADE COUNTY; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING A CONFLICT AND REPEALER CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager 13 Regular Commission Meeting Minutes —11/19/2020 The above resolution was read by Attorney Cobbs. 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 to pass the ordinance on first reading. Manager Pate explained that on a yearly basis the City Commission is required to vote on and ratify the budget for the CRA being incorporated in the city's budget so this is a standard item that is presented to the Commission on a yearly basis. There being no further 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 B. SECOND READING ORDINANCE(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 (first reading/public hearing held on November 12, 2020). Sponsored by City Manager The above ordinance was read by Attorney Cobbs. 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 to adopt the above ordinance. Manager Pate stated that this item is a budget amendment that was prepared by the Budget Administrator and he is available for any questions of the Commission based on any changes that were done between first and second readings. 14 Regular Commission Meeting Minutes — 11/19/2020 Robert Anathan, Budget Administrator came forward and briefly highlighted the major changes made to budget amendment #6 which included $115,406 for bank legal fees associated with the bank settlement for the release of the 5.2 Million Dollars. The other item has to do with wastewater processing. At the moment, there are thirteen months of charges in that account, the city believes that may or may not be correct, but for the moment he is bringing in $65,000 just in case the city has to cover that thirteenth month. He said everything else was as discussed before. Under the maintenance repair of police vehicles for $35,000, Commissioner Kelley asked, is that for repair and maintenance or painting too? Mr. Anathan advised that the $35,000 included the repainting of the vehicles. Commissioner Kelley asked, is that for all of the vehicles? Mr. Anathan said he believes it is for nine vehicles. Commissioner Kelley requested that Mr. Anathan elaborate on the year end acquisition for the public safety equipment. Mr. Anathan said that with the new command staff that came aboard, they looked and realized there was a deficit in the supplies needed for day-to-day operations. The need was identified and the materials were acquired. This was for basic items like ammunition, handcuffs, and things of that nature. There being no further discussion, the motion passed by a 5-0 vote. Vice Mayor Davis Yes Commissioner Kelley Yes Commissioner Bass Yes Commissioner Burke Yes Mayor Pigatt Yes 2. 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, 2020 AND ENDING SEPTEMBER 30, 2021, 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 (first reading/public hearing held on November 12, 2020). Sponsored by City Manager 15 Regular Commission Meeting Minutes —11/19/2020 The above ordinance was read by Attorney Cobbs. 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 to pass the above ordinance. Manager Pate explained that this is a budget amendment for the current fiscal year and the city felt it was appropriate that some adjustments be made. He invited the Budget Administrator to come forward to provide details on significant adjustments made between first and second readings and to also answer any questions. Mr. Anathan came forward and informed the Commission of one major change that was made from the first hearing. He explained that there are many projects underway and because of the nature, they start one year and carry into the second year. What was added to the budget amendment was the sixteen projects that are underway right now for $2.8 Million Dollars. The city needs to move the projects to keep paying the bills, move the funding approved in FY 20 into FY 21 so that the funding is available to finish off the project. This is not a decision item because the Commission has already approved the projects; it's just a question of moving the remaining portion of the project into the new fiscal year and the funding to support it. He said that an additional item that's different from first reading, when the city made reference to the county CARES program at that time the city talked about $50,000 administrative cost. At this point the program has been re -directed and that administrative cost will increase to $100,000 in addition to the One Million Dollars for the cash cards which would be directly reimbursed by the county. It's a big addition to the budget, but it's all reimbursable so there's no bottom line impact. He further said that there are a couple of items that he has classified as material of which he has addressed most previously. The new expenditures include $1,000 for Commission professional organizations, $105,000 for an additional ten police vehicles, $25,000 for grant writing services, and $10,000 for furniture for Sherbondy Village due to the relocation of Teen Upward Bound. Vice Mayor Davis asked for an update on the Burlington Canal project. Mr. Anathan said that the contract is in progress but has not been finally approved yet. Vice Mayor Davis explained that he had been receiving a lot of residential concerns in relation to the matter. The canals are some of the city's most visible amenities in addition to the parks and other items throughout the city like bus stops and different things that residents relay on. Commissioner Burke applauded whomever was responsible for including the ten additional police vehicles. There being no further discussion, the motion passed by a 5-0 vote. 16 Regular Commission Meeting Minutes —11/19/2020 Commissioner Kelley Yes Commissioner Bass Yes Commissioner Burke Yes Vice Mayor Davis Yes Mayor Pigatt Yes C. RESOLUTIONS: 17. CITY MANAGER'S REPORT: Manager Pate briefly reported on Glorietta Gardens, the Grocery Card and Rental/Mortgage Assistance Programs, and the city-wide assessment on flooding. He personally thanked both Commissioner Kelley and Commissioner Bass for their service. 18. OFFICIAL BOARD REPORTS: 19. FUTURE AGENDA ITEMS: Mayor Pigatt stated that it is important for the Commission to discuss event planning for the year. The city had some amazing events that they have traditionally done, many of which have been spearheaded by Commissioner Kelley and his team. He said he wants to make sure the city continues to develop the events, participation, proper planning in a more concerted effort. He proposed the creation of an event policy for the city to include the approval of a yearly calendar of events. Vice Mayor Davis thanked the Mayor for putting this item forward. As a former community organizer and he would always see different non -profits and organizations hosting events and his hope was to always see those organizations work together. As stated earlier, he said he believes if the effort is consolidated, they can increase the capacity and have a more coordinated effort. He further said that this item would satisfy one of the findings from the Auditor General's report which spoke specifically to Special Events and creating a policy and process. There being no further discussion, the following vote was taken on the placement of a Special Events Policy for the upcoming agenda as proposed by Mayor Pigatt. Commissioner Burke Yes Vice Mayor Davis Yes Commissioner Kelley Yes Commissioner Bass Yes Mayor Pigatt Yes 20. MAYOR/COMMISSION REPORTS: 17 Regular Commission Meeting Minutes —11/19/2020 Commissioner Kelley left the meeting at 9:00 p.m. Mayor Pigatt acknowledged both Commissioner Kelley and Commissioner Bass for their service to the City of Opa-locka. He stated to the City Manager that he would like to make sure that the city continues to look into the bus benches. He advised the community to remain vigilant in regards to COVID-19. He announced the information for the COVID testing site located at Sherbondy Park. Vice Mayor Davis thanked both Commissioner Bass and Commissioner Kelley for their service. Commissioner Bass thanked everyone who has supported her in the past two years. Attorney Norris -Weeks thanked Commissioner Bass for being such a wonderful person to work with and Commissioner Kelley for his institutional knowledge. 21. OFFICIAL BOARD APPOINTMENTS: There were none. 22. ADJOURNMENT: There being no further business to come before the City Commission, it was moved by Commissioner Bass, seconded by Vice Mayor Davis to adjourn the meeting at 9:07 p.m. TEST: a Flores Ci, Clerk Matthew A. Pigatt Mayor 18 Regular Commission Meeting Minutes — 11/19/2020