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HomeMy Public PortalAbout05-May 14, 2020 VW (COVID-19)CITYOF OPA-LOCKA "The Great City" CLERK'S ACTION SUMMARY MINUTES VIRTUAL WORKSHOP (COVID-19) Thursday, May 14, 2020 5:30 P.M. 1. WELCOME/OPENING REMARKS: Mayor Matthew Pigatt called the Virtual Workshop Meeting to order at 5:30 p.m. on Thursday, May 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.youtube. com/user/CityofOpalocka. Since this is a virtual meeting as authorized by the Governor of the state of Florida, again, members of the public wishing to address the commission have been offered the opportunity to do so. Public comments will be included as part of the public record for this virtual meeting and will be considered by the City commission prior to any action taken. 2. ROLL CALL: The members of the City Commission appearing remotely were: Mayor Matthew Pigatt, Vice Mayor Chris Davis, Commissioner Sherelean Bass, Commissioner Alvin Burke, and Commissioner Joseph L. Kelley. Also appearing remotely were: City Attorney Burnadette Norris - Weeks, City Manager John E. Pate, and City Clerk Joanna Flores. 3. INVOCATION: The invocation was delivered by Commissioner Joseph L. Kelley. 4. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was recited in unison. 1 Virtual COVID-19 Workshop Minutes — May 14, 2020 5. PUBLIC INPUT: City Clerk Flores stated the protocols for public participation at virtual meetings. There were no public comments. 6. DISCUSSION ITEM: City's Response to the Coronavirus Disease 2019 (COVID-19) Mayor Pigatt introduced the discussion by first requesting an update on the testing, mask ordinance details, reopening plan, and opened discussions for any other concerns. City Manager Pate explained that the City of Opa-locka's testing was delayed until the end of the weekend due to inclement weather. The testing will be a soft opening for Commissioners, staff and public safety personnel. A press conference was scheduled for 10:30 a.m. on Monday with stakeholders from the State of Florida, Florida National Guard, County Commissioners, and local representatives. He stated that after Sunday, anybody can take the test, whether they have symptoms or not, with a capacity of 120 persons for appointments and 80 for walk-ins. He explained that the Public Relations Firm had been working very closely with him on that day in ensuring that the City puts the word out to the residents and various other stakeholders about testing. He further explained all of the different institutions and staff involved in testing all paid for by the County. Mayor Pigatt stressed the importance of the testing site and the impact it will have on the City. He showed his gratitude towards the County and the officials involved in making the testing site a reality. City Manager Pate said that he will be at the testing site on Sunday and welcomed the Commission to join him. Mayor Pigatt proceeded to discuss the mask ordinance. He reviewed the details in the ordinance in regards to the masks and asked Commissioner Kelley if he wanted to elaborate on a previous comment he had made in a previous meeting. Commissioner Kelley stated his concern related to addressing multi -unit complexes and whether specific language referring to enforcement for those units was permitted. City Attorney Norris -Weeks stated that language could only be added during a meeting after discussion as an amendment must be agreed upon by the Commission. 2 Virtual COVID-19 Workshop Minutes — May 14, 2020 Commissioner Kelley stood firm on adding the language in regards to large complex units. Mayor Pigatt asked City Attorney Norris -Weeks whether the ordinance would apply to private property and if not, what could be done to include it. He explained the ordinance currently includes public spaces only. City Attorney Norris -Weeks stated that only public areas of the complex are included. City Manager Pate suggested financial fines to the owners of the complexes to ensure they are enforcing the mask rule. Commissioner Kelley agreed that the owners of the large complexes need to be held accountable. Mayor Pigatt cautioned against it as the ordinance may receive strong pushback for punishing others for the lack of compliance of some. City Manager Pate suggested the complex owner should take action against the resident, such as evicting the residents who are violating the law. City Attorney Norris -Weeks explained that it was not that simple, and lawsuits could easily follow. She requested more guidance as to what type of large complexes should be included in such language, as in more than 25 units for example, so that she could draft the language in a manner in which it would avoid problems. Commissioner Kelley acknowledged it was difficult task, but he stressed the issue with large complexes and their lack of compliance/enforcement in the past. He further requested the help of City Attorney Norris -Weeks to see if there was adequate language to help enforce it within those buildings. Commissioner Bass voiced her concern for adding the proposed language without first having open discussions with the owners of the properties in question and what can they do to help enforce the mask mandate. Vice Mayor Davis agreed with Commissioner Bass and recommended open discussions with the owners of the large complexes. Commissioner Kelley acknowledged his colleagues recommendations and stressed the importance of meeting with property owners or designees who can make decisions. 3 Virtual COVID-19 Workshop Minutes — May 14, 2020 Mayor Pigatt cautioned against adding the specific language or punishing property owners. He explained the law can stand as it is and be enforced. He further opened the discussion regarding the age requirement for those who need to wear the mask. Commissioner Burke commented on the discussion regarding large complexes and stated that at the very least the City should reach out to the owners. Mayor Pigatt agreed that reaching out to the owners would be necessary. He further asked about the age. Commissioner Bass, Vice Mayor Davis and Commissioner Kelley all agreed on the age for wearing a mask to be revised from 2 years old to 5 years old. Mayor Pigatt agreed that the language should be amended to children over 5 years old. Commissioner Kelley requested the language in section 5, where it says "all violations should be charged by the police department" should also say Code Enforcement. City Attorney Norris -Weeks stated the language could be changed to include Code Enforcement in being able to cite any violator. Commissioner Kelley suggested adding to the ordinance a time frame to revisit the law. Mayor Pigatt stated that the ordinance states it only applies during a pandemic caused by person to person transmission. City Attorney Norris -Weeks agreed it covers such circumstance only, and it can still be reviewed in 6 months or any other time the commission requires it. Mayor Pigatt provided an opportunity to the commission to voice any other concerns related to the mask ordinance, for which there was none. He then began the discussion related to a re -opening plan. One of the indicators to start a re -opening was a lower trend of cases and death. He stated that currently the County was in an upper trend. He requested City Manager Pate to share what is his plan to re -open the City. He suggested developing a new normal guideline. City Manager Pate explained he had performed a basic research on the re -opening plans in the State, and thus far he has not seen language that would allow cities to be more restrictive. He explained that thus far, the City will have to abide by the County's order. 4 Virtual COVID-19 Workshop Minutes— May 14, 2020 City Attorney Norris -Weeks briefly reviewed the Emergency Order of the County, and stated she will summarize it and send it to the Commission at a later time. She explained it was a detailed plan known as the New Normal Guide made by Miami -Dade County. Mayor Pigatt advised that the New Normal Guide has great recommendations for the City's businesses. Commissioner Bass shared her concerns for what the City's true numbers actually are as it relates to COVID-19, and that is why she does not feel the City is ready to be re -opened. She further requested to know what percentage of the City's businesses was closed at the time. City Manager Pate stated the majority of businesses were closed due to not meeting the characteristics of essential businesses. Commissioner Kelley requested for clarification as to whether the City will have or not have any flexibility in the re -opening plan. City Attorney Norris -Weeks explained that those questions were being discussed at the time, but she recommended working in tandem with the County due to the restrictions of the City. She suggested the commission wait a few days while the discussions progress in regards to each city having particular restrictions. Commissioner Kelley requested clarification to know whether the City will do just as the County has ordered starting on Monday. City Attorney Norris -Weeks explained that the County is working on it and the New Normal Guidelines are fairly new and are being discussed. Commissioner Kelley shared his concerns with certain businesses being able to open. City Manager Pate explained that he will advocate for not beginning to re -open certain businesses until more information is available. Mayor Pigatt said he reviewed the document and he does not see anything that would be a problem. He explained that the document provided ways for businesses to be able to open with strict procedures that will respect social distancing and high standards of hygiene. However, he shared his concerns for the enforcement of those guidelines. He further suggested the new guidelines will be an expansion to the Code Enforcement department. He requested City Manager Pate to identify the changes in the structure of the government that will be needed in order to adapt to the new situation. 5 Virtual COVID-19 Workshop Minutes — May 14, 2020 Commissioner Kelley asked City Attorney Norris -Weeks if City Manager Pate would be allowed to do the Emergency Orders separately. City Attorney Norris -Weeks stated the same process previously used applies, in which an emergency meeting would be called and the order can be made then. She further reminded the Commission that the guidelines are usually followed by an order, but that an order is not in place yet. She stated that based on previous conversations with her colleagues, the cities will have flexibility to create their own orders. She suggested the Commission to give City Manager Pate their input so that he could make the decision with the consideration of the Commissioners. Commissioner Kelley stressed that the City is not ready to open on Monday with the terms the County is suggesting that cities re -open. He shared his concern for the challenge to enforce the guidelines. Mayor Pigatt requested that City Manager Pate have an analysis performed before moving to re- open the City. City Manager Pate explained many things are a variable and it would take him at least one week to have a document prepared with the information. He requested more staff for the Code Enforcement Department. Mayor Pigatt acknowledged the challenge the City will have to enforce the guidelines and that it will require more personnel. He requested City Manager Pate perform an assessment and let the commission know what the City will require in order to adapt to the new normal guidelines. Commissioner Bass stressed her concerns due to the lack of information of the number of cases and she was not comfortable in re -opening without the information. Vice Mayor Davis agreed with Commissioner Bass. Mayor Pigatt asked City Manager Pate to find out the information regarding the number of cases in the City of Opa-locka and the current process used to record the data for the residents. City Manager Pate acknowledged the importance of the information and stated that he will work closely with the testing sites in order to get the information requested. Mayor Pigatt moved the discussion towards Code Enforcement and requested City Manager Pate to do an introduction on the matter. 6 Virtual COVID-19 Workshop Minutes — May 14, 2020 City Manager Pate shared with the Commission the overall challenges of the City and requested Chief Dobson to provide specific information regarding a recent event in the City. Chief Dobson reported to the Commission about an incident with a large number of people who were gathering in two areas of the City. He said that it came to his knowledge that there were officers and a supervisor not enforcing the guidelines. The officers involved were disciplined and a Zero Tolerance policy was put in place within the police department in regards to loitering, social distancing and the curfew. Vice Mayor Davis asked Chief Dobson to provide clarification in the manner in which the curfew is being enforced in large complexes, specifically dealing with residents whom are merely standing outside of their apartments and if that was not allowed. Mayor Pigatt echoed the concerns of Vice Mayor Davis. Chief Dobson explained that it was allowed for residents to stand in the corridors of their apartments; however, they must abide by social distancing. Commissioner Bass voiced her confusion caused by the statements between City Manager Pate and Chief Dobson in which it was not clear whether corridors in apartment complexes are private or public space. Chief Dobson clarified that it is public space. He further explained that after conversations with the State Attorney and Miami Public Defender's office, he was directed to not enforce the curfew in large complexes due to complications in the jails. He was instructed to educate residents to abide by social distancing. Commissioner Bass requested Chief Dobson and City Manager Pate to decide which route the City is going to abide by so that the residents could be properly educated and informed. City Manager Pate explained that his order determined that those individuals violating the curfew can and should be cited or arrested. Mayor Pigatt asked City Attorney Norris -Weeks if it was possible to amend the ordinance to prevent people from going to jail. City Attorney Norris -Weeks explained that the City could pursue the avenue incorporated in the ordinance which is to cite the offender with a notice to appear. She further explained that it could not be amended because the County provided the ordinance. She further emphasized in being 7 Virtual COVID-19 Workshop Minutes — May 14, 2020 discretionary in order to avoid arrests as no other cities have reported arrests from violation of curfews. Commissioner Kelley suggested Chief Dobson to abide by the order provided by City Manager Pate. He emphasized the challenge of a large number of residents not abiding by the curfew and he requested Chief Dobson to enforce it as needed. He recommended the Commission to either enforce the curfew, or remove it from the ordinance and hope educating people will make it better. He requested Chief Dobson to report how many times does the police get notified for large groups congregating. Chief Dobson replied that it was about 3 times a day for the past 2 months. City Manager Pate said he stands with enforcing the order. He suggested the Commission to remove the language of the curfew from the ordinance if that was appropriate and desired. Mayor Pigatt requested that Chief Dobson provide the Commission with the number of arrests made and how many notices to appear had been given. Chief Dobson said he would have that information ready by the following day. Mayor Pigatt advocated for removing the language because it criminalized the residents. He explained that being arrested has long lasting repercussions for residents. The City can enforce but it may not arrest the residents for the reason discussed, including the curfew and restriction on large gatherings. Commissioner Kelley agreed with enforcing it as described by Mayor Pigatt. He stressed his concerns for the violations of large gatherings. City Manager Pate stressed the importance for the Commission to make a firm decision and repeal the ordinance or continue to enforce it the way it was, because that is how it was signed at that moment. Vice Mayor Davis shared that there are other cities with the same law at the time, but he expressed the level of enforcement should be lowered or discretionary. He believed the intent of the law was not executed well. City Attorney Norris -Week shared information regarding an injunction entered in Metrowest for individuals to abide by social distancing guidelines. She further stated that at the time of the meeting, the City of Opa-locka was the only city arresting residents for violating the curfew. 8 Virtual COVID-19 Workshop Minutes— May 14, 2020 City Manager Pate explained how the Police Department had exercised discretion when dealing with COVID-19 violations including the curfew and provided a concrete example. Chief Dobson concurred with City Manager Pate's comments regarding the exercise of discretion performed by the police department. Mayor Pigatt said he would like to have the numbers previously requested and acknowledged the importance of keeping the curfew to limit the spread of the virus. He strongly encouraged the administration to not put residents in jail during that time. He stated that once he had the numbers he requested regarding the arrests made and notices to appear given to residents, he will be calling a Special Commission Meeting. He provided his wishes for the administration to apply best practices and discretion in a similar way as other cities were. Commissioner Kelley asked City Attorney Norris -Weeks to provide the commission with a list of other cities that still had the curfew in place and what changes have they made, if any. He further asked her whether the curfew will be in effect starting on Monday when Phase I begins. City Attorney Norris -Weeks shared information to a website which provided the information of each city in regards to the curfew. She further explained that the County's curfew order was tied to the Governor's Executive Order. City Manager Pate expressed his opposition to repealing the curfew order in place and he believed it would not be favorable for the government. He was committed to provide the data Mayor Pigatt requested. Mayor Pigatt said he was not suggesting repealing the law. He explained it was about the fact that more people were being put at risk of contracting the virus. City Manager Pate requested Chief Dobson to appropriate data relevant to curfew hours comparing the following two variables: (1) how many people were contacted for violating curfew, and (2) how many people were arrested for violating curfew. Chief Dobson said he will also add the notices to appear given to residents to the data requested. Commissioner Kelley asked City Manager Pate whether he had information relating to the relocation of the Food Drive. City Manager Pate said he was waiting for a response from Feeding South Florida to process the change of address made, which should not be an issue. 9 Virtual COVID-19 Workshop Minutes — May 14, 2020 Matthew A. Pigatt Mayor 7. ADJOURN: There being no further business to come before the City Commission, it was moved by Vice Mayor Davis, seconded by Commissioner Burke to adjourn the meeting at 8:08 p.m. ATTEST: N6c._ n� a Flores City Clerk 10 Virtual COVID-19 Workshop Minutes — May 14, 2020