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HomeMy Public PortalAbout12-December 09, 2020 RCMCITY OF OPA-LOCKA "The Great City" CLERK'S ACTION SUMMARY MINUTES REGULAR COMMISSION MEETING December 9, 2020 7:00 P.M. 1. CALL TO ORDER: Mayor Matthew A. Pigatt called the meeting to order at 7:00 p.m. on Wednesday, December 9, 2020 at Sherbondy Village, 215 Perviz Avenue, Opa-locka, Florida. 2. ROLL CALL: The following members of the City Commission were present: Commissioner Alvin E. Burke, Commissioner Chris Davis, Commissioner John H. Taylor Jr., Vice Mayor Veronica J. Williams and Mayor Matthew A. Pigatt. Also in attendance were: Assistant City Manager George Ellis, City Attorney Bumadette Norris -Weeks and City Clerk Joanna Flores. City Manager John E. Pate was not in attendance. 3. INVOCATION: The Invocation was delivered by Commissioner John H. Taylor Jr. 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): Vice Mayor Williams pulled agenda item 13-2 and Commissioner Burke pulled agenda item 13- 1. It was moved by Vice Mayor Williams, seconded by Commissioner Davis to approve the Consent Agenda (agenda items 13-3, 13-4, and 13-5). Mayor Pigatt provided a brief explanation of agenda item 13-3 for grant writing services and the importance of having a grant writer for the city. There being no further discussion, the motion passed by a 5-0 vote. Commissioner Burke Commissioner Davis Yes Yes 1 Regular Commission Meeting Minutes — December 9, 2020 Commissioner Taylor Vice Mayor Williams Mayor Pigatt 7. APPROVAL OF AGENDA: Request to amend the agenda to include item 14-1: Yes Yes Yes 14-1: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 5 WITH THE AUDITING FIRM ANTHONY BRUNSON, P.A. FOR EMERGENCY COMPLETION OF AUDIT SERVICES FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2019; PROVIDING FOR CORRECTION OF SCRIVENERS' ERRORS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager The above was read into the record by Attorney Norris -Weeks. Gerri Lazarre, Financial Consultant for the City of Opa-locka came forward at the request of Assistant City Manager Ellis and stated the reason the city is requesting to bypass a competitive process and select Anthony Brunson, P.A. is because the city received a letter from the State of Florida Joint Legislative Audit Committee (JLAC) in October 2020 requesting that the past due audit for Fiscal Year 2019 be submitted on December 7, 2020. The city recognized it was not in a position to begin the audit, but recognized that the audit is needed. The city contacted JLAC to request additional time up until March 15, 2021 to complete the audit. Due to the short window of time to get the audit complete, the city realized a competitive process could easily take 60 through 90 days to identify a firm. There is no way the city could complete the FY2019 audit with a new firm. She said that the competitive process is a good thing and the city is hoping to go through that process for FY20 and beyond. However, in order to meet the March 15 deadline, the city needs a firm that knows the city and understands its internal controls and processes. Mr. Brunson's team performed both the 2015-2016 and 2017-2018 audits. The audit fee is $65,000.00, but in light of what's going on with the city, she believes that a competitive process would gear them around the same number and that is why the recommendation is to go with Mr. Brunson. It was moved by Commissioner Burke, seconded by Commissioner Davis to amend the agenda to include agenda item 14-1. Mayor Pigatt stated that the Audit Committee did move, in their advisory capacity, to approve this item before them today. There being no further discussion the motion to amend the agenda passed by a 5-0 vote. Vice Mayor Williams Commissioner Burke Commissioner Davis Commissioner Taylor Yes Yes Yes Yes 2 Regular Commission Meeting Minutes — December 9, 2020 Mayor Pigatt Yes It was moved by Commissioner Davis, seconded by Vice Mayor Williams to approve the agenda. There being no discussion, the motion passed by a 5-0 vote. Commissioner Burke Yes Commissioner Davis Yes Commissioner Taylor Yes Vice Mayor Williams Yes Mayor Pigatt Yes 8. APPROVAL OF MINUTES: 9. DISTRICT ONE / DISTRICT TWO - COUNTY COMMISSIONER REPORT: There were none. 10. PUBLIC PRESENTATIONS: There were none. 11. CITIZENS' FORUM: (Opportunity for discussion of any concerns — please limit to 3 minutes) Clerk Flores stated the protocols for virtual participation at city commission meetings. 1. Natasha Ervin of 670 Dunad Avenue, Opa-locka, Florida appeared before the City Commission and thanked Top Notch and A-1 Auto Solutions for purchasing 500 turkeys to feed the Opa-locka community and 99 Jamz for donating masks. She said it has been years and she is so grateful for Truly Local Cares for partnering with the Opa-locka Booster Club and providing 1,000 food boxes to the residents. She personally thanked Commissioner Burke for seeing the need and acting on it. She further thanked both Vice Mayor Williams and Commissioner Taylor for their support. As the Booster Club President, a community based organization, she said she looked forward to working with each and every one of them. She announced that the Drive Thru Christmas Drive is scheduled for 10:00 a.m. on Saturday, December 19, 2020 at the Opa-locka Methodist Church. 2. Audrey Dominguez of 1147 Jann Avenue, Opa-locka, Florida, came forward and thanked Commissioner Burke for dropping off applications for the Gift Card program which she was able to distribute to her neighbors and the Royal Palms residents. The only thing is that she didn't see the applications in Spanish. She reminded the Commission that Opa-locka is a diverse community and they are united in this. She further stated that she noticed 15 vacancies on the city boards and she got excited because perhaps she would get selected this time. She said she submitted an application last year and never 3 Regular Commission Meeting Minutes — December 9, 2020 heard back from anyone which is why she submitted another board application and hopefully she would get chosen to serve. 3. Brian Dennis of 821 NW 54th Street, Miami, Florida, expressed his concerns relating to the City Manager's contract, the amount of money being paid to someone that is not staff and having a firm doing a job that somebody else was doing. 4. Dorothy Johnson appeared before the City Commission on behalf of the 305 Coalition and voiced her concern relating to members of the community observing voter irregularities during the most recent election. 5. Clerk Flores read into the record a public comment submitted via email by Michele Henney of 10640 Paris Street, Cooper City, Florida who expressed concerns relating to the City Manager threatening her because of her comments relating to the city's finance department. Mayor Pigatt interrupted Clerk Flores from reading the public comment and asked the City Attorney if the comment was in violation of the city's decorum policy. Attorney Norris -Weeks said the comment would probably fall more in line with Freedom of Speech and if it gets to a point where the individual is cursing then the Mayor may consider at that point stopping the public comment. However, so long as the individual is just stating her position on the issue, the Mayor should air on the side of the First Amendment right. Mayor Pigatt directed the City Clerk to proceed with the public comment. Clerk Flores proceeded with the public comment from Michele Henney in which she further voices her concern relating to the amount of money the city has paid the financial consultant and the number of Finance employees who have quit so far under Ms. Lazarre. 6. Antwan Thomas of 13724 NW 23"I Avenue, Opa-locka, Florida came forward and expressed his concerns relating to the flooding in his area which he'd hope the city would solve soon. Commissioner Burke said he heard the concerns from Mr. Thomas before and this is the reason he has a problem with the city spending money on the Glorietta Apartments for flooding when there are homeowners in the city, who pay taxes, that the city cannot do anything for. It is not right to take the taxpayers money to use on private property. He said there has been a flooding problem in that area for years, just like it has been a problem in Glorietta for years, but the owners of Glorietta receive Millions of Dollars monthly from HUD. In response to Ms. Dominguez's concern, Commissioner Davis said that an internal conversation had taken place to ensure the CARES Act applications are translated in all three languages (Spanish, English, and Creole). Vice Mayor Williams said that the applications are available online and at the city parks in English, Spanish and Creole. 4 Regular Commission Meeting Minutes — December 9, 2020 Commissioner Burke advised that the CARES Act applications were only available in English last month and when he questioned it, he was told that they could only be printed in English. After contacting Ms. Modkins, she went to work right away to make sure the applications were available in English, Spanish and Creole. He stated to Ms. Dominguez that he had some Spanish applications for her. Mayor Pigatt stated that the housing and grocery assistance programs are very near and dear to this Commission. Commissioner Davis lead the charge in making sure the city secures the funding for its residents. As mentioned by the citizen, yes the first round, like all across the county, applications were in English, but it was voiced by almost everyone on the dais to ensure that applications are available to our residents in Spanish and Creole. As evident on the city's social media platforms, the city continues to make sure the messages are in all three languages so that all residents are included in this government. As it relates to the concern about the flooding, he stated that this was one of the city's four major challenges. The city declared a flooding emergency last year and has secured a group of contractors to conduct a city-wide assessment of the flooding. The assessment is currently in progress so that the city can move forth in prioritizing projects across the City of Opa-locka. The city is addressing this matter and has allocated Millions of Dollars over the next five years to address it. He encouraged the resident to reach out to the Public Works Department and the City Commission to receive updates and to hold them accountable as a Government to ensure this is addressed. This is one of the duties as a Government to leverage tax dollars to make sure the residents are living and working in a safe and sanitary environment. 12. ACTION ITEMS (items from consent agenda pull list): 1. (13-1) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, PROVIDING FOR A UNIFORM METHOD OF COLLECTING NON -AD VALOREM ASSESSMENTS FOR STORMWATER SERVICES; AUTHORIZING THE CITY MANAGER TO ENTER INTO AN INTERLOCAL AGREEMENT WITH MIAMI-DADE COUNTY TO PLACE THE CITY'S PROPOSED NON -AD VALOREM ASSESSMENTS ON THE COUNTY TAX BILL; PROVIDING FOR INCORPORATION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager The above resolution was read by Attorney Norris -Weeks. It was moved by Commissioner Davis, seconded by Vice Mayor Williams to pass the resolution. Robert Anathan, Budget Administrator for the City of Opa-locka came forward and explained the above resolution and the financial impact it would have on residential and commercial property owners. 5 Regular Commission Meeting Minutes — December 9, 2020 Commissioner Burke stated that there are still a lot of elderly residents living in the city who are on a fixed income who may find it easier to pay a monthly fee than paying it on their taxes at the end of their year. Mayor Pigatt expressed his full support for this item and thanked staff for bringing this item forth. As was mentioned during citizens' forum, flooding is a major issue and the city has to pull out all the cards to address it. In reviewing the cover memo, he noticed that almost half the properties in Opa-locka did not pay their fair share of improving the storm water drainage system. This is over a Million Dollars in lost revenue that the city could apply to addressing the flooding throughout the City of Opa-locka. This resolution will make sure that everyone pays their fair share which would allow the city to make the investment towards improvements. There being no further discussion, the motion passed by a 4-1 vote. Commissioner Davis Yes Commissioner Taylor Yes Vice Mayor Williams Yes Commissioner Burke No Mayor Pigatt Yes 2. (13-2) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO PIGGYBACK THE STATE OF FLORIDA DEPARTMENT OF MANAGEMENT SERVICES TERM CONTRACT 43230000-15-02 FOR THE PROVISION OF QUALIFIED PROFESSIONAL SERVICES RELATED TO LICENSING AND MIGRATION OF MICROSOFT EXCHANGE DATA FROM ON -PREMISE SERVERS TO THE OFFICE 365 GOVERNMENT CLOUD TO BE PERFORMED BY SHI INTERNATIONAL CORP., IN AN AMOUNT NOT TO EXCEED FORTY-THREE THOUSAND, SEVEN HUNDRED THIRTY-ONE DOLLARS AND FIFTEEN CENTS ($43,731.15); PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager The above resolution was read by Attorney Norris -Weeks. It was moved by Commissioner Burke, seconded by Commissioner Taylor to pass the resolution. Nelson Rodriguez, Information Technology Director for the City of Opa-locka came forward and explained that this item would allow for the migration of Microsoft exchange data from on premise servers located at City Hall to the Office 365 government cloud. Most importantly, one of the initiatives that they were tasked for Fiscal Year 2021 was to increase collaboration between departments throughout the city. Before Zoom was a popular thing, Microsoft Teams kind of sat in the background, but now he sees that Teams would be a great addition to the suite of products currently being used for active collaboration between departments. Vice Mayor Williams recommended that training be implemented or included in the contract. 6 Regular Commission Meeting Minutes — December 9, 2020 Mr. Rodriguez advised that there are training hours included with this contract which would be supplemented with in-house training by the IT Department. Mayor Pigatt agreed with Vice Mayor Williams and strongly encouraged that training be made a part of the contract especially if the city is going to make this investment. Mr. Rodriguez advised that they budgeted $50,000 for this project this year and they are way under budget. He said he could reallocate the approximately remaining $6,000 for training, if necessary. Mayor Pigatt said that based upon the IT Department and City Manager's assessment, he believes the Commission is in support of doing that. There being no further discussion, the motion passed by a 5-0 vote. Commissioner Taylor Yes Vice Mayor Williams Yes Commissioner Burke Yes Commissioner Davis Yes Mayor Pigatt Yes 13. ADMINISTRATION: CONSENT AGENDA: 1. (13-3) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO PIGGYBACK THE CITY OF OAKLAND PARK CONTRACT #R-2017-032 WITH RMPK FUNDING, INC. FOR GRANT WRITING SERVICES AND ENTER INTO A CONTRACT WITH SAME, THROUGH SEPTEMBER 30, 2021, AS ATTACHED HERETO AS EXHIBIT "C", IN AN AMOUNT NOT TO EXCEED TWENTY-FIVE THOUSAND DOLLARS ($25,000); APPROVING A CONTRACT WITH RMPK FUNDING, INC. FOR GRANT WRITING SERVICES, PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager 2. (13-4) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING A FEDERALLY -FUNDED SUBAWARD AND GRANT AGREEMENT TO BE SUBMITTED TO THE FLORIDA DEPARTMENT OF EMERGENCY MANAGEMENT FOR REIMBURSEMENT OF EXPENSES RELATED TO THE COVID-19 PANDEMIC; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager 3. (13-5) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AND EXECUTE A COMBINED VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE MUTUAL AID AGREEMENT BETWEEN THE CITY OF OPA-LOCKA, FLORIDA, AND THE TOWN OF MEDLEY, FLORIDA, IN SUBSTANTIALLY THE 7 Regular Commission Meeting Minutes — December 9, 2020 SAME FORM AS ATTACHED, FOR LAW ENFORCEMENT SERVICES AND RESOURCES; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager Vote taken on Consent Agenda items can be viewed under Agenda Item 6 — Approval of the Consent Agenda. 14. NEW ITEMS: 1. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 5 WITH THE AUDITING FIRM ANTHONY BRUNSON, P.A. FOR EMERGENCY COMPLETION OF AUDIT SERVICES FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2019; PROVIDING FOR CORRECTION OF SCRIVENERS' ERRORS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager The above resolution was read by Attorney Norris -Weeks. It was moved by Commissioner Burke, seconded by Commissioner Davis to pass the resolution. Commissioner Davis applauded staff and all those involved in putting the Audit Committee together and ultimately selecting Mr. Brunson's firm. The firm has done excellent work in the city in the completion of the audits. Due to the nature of the city being in a financial crisis, Mayor Pigatt expressed the importance of getting FY 2019 audit completed to meet the March 15, 2021 deadline. However, he would like to make sure the next audit and all audits moving forward abide by the Code so that it goes through the RFP process and competitive bidding. There being no further discussion, the motion passed by a 5-0 vote. Vice Mayor Williams Yes Commissioner Burke Yes Commissioner Davis Yes Commissioner Taylor Yes Mayor Pigatt Yes 15. PLANNING & ZONING: A. PUBLIC HEARINGS: 1. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCICA, FLORIDA, APPROVING A VARIANCE REQUEST FOR THE CONSTRUCTION AND OPERATION OF A VEHICLE CARRIER FACILITY ON THE PROPERTY LOCATED AT 2395 ALI-BABA AVENUE IDENTIFIED BY FOLIO 08-2122-002-0580, IN THE I-2 8 Regular Commission Meeting Minutes — December 9, 2020 ZONING DISTRICT; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager The above resolution was read by Attorney Norris -Weeks. Gregory Gay, Director of Planning & Community Development for the City of Opa-locks, Florida, came forward and stated that this is one of three items being presented to the Commission for Velocity Carrier Facility. This first item is for a variance to relax the minimum lot square footage requirements for this particular site. The lot is presently just under 16,000 square feet and the city's zoning code represents that the minimum lot size should be approximately 20,000 square feet. The applicant is short of that right now and in order for them to move forward with this particular application, they've requested a variance. This item went before the Planning & Zoning Board and the Planning & Zoning Board along with staff are recommending approval of this particular application. Mayor Pigatt opened the floor for a public hearing. Ben Fernandez, 200 S. Biscayne Boulevard, Miami, Florida, appeared on behalf of the applicant Velocity Carriers and reiterated what Mr. Gay recounted. He said this has been a long process for his client, who was present with him at the meeting. This is a small family owned business and they are car carriers. They purchased this property which is abutting the Kauff's Towing Company and it has been historically used for storage of similar types of vehicles. Unbeknownst to his client, the property, although it is platted as two separate legally platted lots, the Code's changed over the years and now there is this minimal 20,000 square foot requirement. This property falls short of that by about 7%, a few hundred feet. The applicant is following the process in place and requesting a variance to allow the business to operate legally. Simultaneously, the applicant has also presented an application to vacate the right-of-way that isn't being used. That process requires that there be a vacation which should be approved by the board. The applicant has proffered an amount which is based on the city's code section 17-48 that applies to right-of-way vacation. He further requested that the Commission support the Planning Director's recommendation. There being no further persons to speak on the public hearing, the public hearing was closed. It was moved by Commissioner Burke, seconded by Commissioner Davis to pass the resolution. Mayor Pigatt stated that in reviewing the site plan provided in the agenda package, the site plan calls for landscaping abutting NW 24th Avenue, however, NW 24th Avenue is currently blocked off by a wall. Is the site plan proposing to re -open the street and include landscaping in that area? Mr. Gay advised that the purpose of the landscaping is part of the code's requirement, there has to be a certain amount of landscaping on the site itself. The property owners along with their legal team are representing what the landscaping would be at this time based on the configuration of the site. The wall is an issue that would be proffered as a part of the street right-of-way vacation. As it stands right now, they do have a minimum landscape requirements that they do need to meet as a part of this particular application. 9 Regular Commission Meeting Minutes — December 9, 2020 Mayor Pigatt asked, will this landscaping plan that the Commission has before them take place with or without the vacation of 24t Court? Mr. Gay replied, as it stands right now, yes. There being no further discussion, the motion passed by a 5-0 vote. Commissioner Burke Yes Commissioner Davis Yes Commissioner Taylor Yes Vice Mayor Williams Yes Mayor Pigatt Yes 2. A RESOLUTION OF THE CITY COMMISION OF THE CITY OF OPA-LOCKA, FLORIDA, RECOMMENDING FINAL SITE PLAN REVIEW APPROVAL FOR THE CONSTRUCTION AND OPERATION OF A VEHICLE CARRIER FACILITY ON THE PROPERTY LOCATED AT 2395 ALI-BABA AVENUE IDENTIFIED BY FOLIO 08-2122- 002-0580, IN THE I-2 ZONING DISTRICT; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager The above resolution was read by Attorney Norris -Weeks. Mr. Gay stated that this is the second item to the same property with the variance. This is for the site plan and as a part of the site plan application, this is for them to be able park seven carrier vehicles on site. There will be a small office which is approximately 420 square feet for them to operate at that particular facility. As explained previously, as a part of the site plan requirements, there is a certain minimum amount of landscaping that is required to be placed on the site. They will be satisfying that as a part of this particular application. As the process moves forward and should the street right-of-way vacation take place, then they will be looking at modifications to their application as it relates to the landscaping that will be in place. This application is being recommended for approval by the Planning & Zoning and staff. Mayor Pigatt asked, would the modifications to the site plan have to come before the Commission for approval? Mr. Gay stated that there are several steps needed as it relates to the street right-of-way vacation which would be the replat and acquisition and that would be brought back before the Commission. If the Commission so choses to at that time, they will have an opportunity to look at some of the other things that would relate to that. 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 Williams to pass the resolution. 10 Regular Commission Meeting Minutes — December 9, 2020 There being no discussion, the motion passed by a 5-0 vote. Commissioner Davis Yes Commissioner Taylor Yes Vice Mayor Williams Yes Mayor Pigatt Yes 3. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, APPROVING THE DEVELOPMENT AGREEMENT BY VELOCITY CAR CARRIERS CORP. FOR THE CONSTRUCTION AND OPERATION OF A VEHICLE CARRIER FACILITY ON THE PROPERTY LOCATED AT 2395 ALI-BABA AVENUE IDENTIFIED BY FOLIO 08-2122-002-0580, IN THE I-2 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 resolution was read by Attorney Norris -Weeks. Mr. Gay advised that this is the development agreement that is associated with all new development that occurs within the city. As it relates to this particular development agreement, there a few things to be addressed as a part of the development agreement: one being the application for the vacation of the right-of-way which has already been put in process and once that process has been done, the city would need to vacate the right-of-way and then there is the acquisition process. The applicant has already proffered approximately $70,000 to acquire the right-of-way upon the vacation of it. After that has been done, then there will need to be a replatting of the alley between the two properties that are adjacent, therefore, completing it and removing the street from the city's ownership and right-of-way. This is expressed within the development agreement. There are other points that are typical development agreements which speaks to termination of time periods which the city will be working very closely with the applicant. There are other areas that speaks to the ownership of the property, design of the facility and should anything be modified then those modifications will be brought back before the Commission. He further stated that the Planning & Zoning Board and staff recommends approval of the development agreement. Commissioner Burke asked if the development agreement included a timeline for the construction to begin and if the construction doesn't start within that timeline, would it need to come back before the Commission. Mr. Gay referred to section 9 (p) of the development agreement which included typical language that states the building permits must be secured within 180 days and construction must start within 270 days of the application. He said he doesn't have a completion date because the only construction to take place is the small office building and he doesn't foresee that taking a significant amount of time. 11 Regular Commission Meeting Minutes — December 9, 2020 He further stated that there is also language that allows the City Manager to grant additional time should there be any delays in processing beyond the applicants control. Realizing that this would be a small building being constructed, Commissioner Davis asked if this development is in anyway reflective of the city's Moorish architecture. Mr. Gay said that the Moorish architecture designs is usually reflected in the city's commercial areas and it is a little more relaxed in the industrial areas. If it was a major development, the city would take that into consideration, but because it is a small office building, they are not taking that into consideration at this time. Mayor Pigatt asked if he understood correctly that this development agreement takes into consideration the vacation of the land. Mr. Gay said that was one of the steps to be included in the development agreement in order for the project to move forward. The applicant would have to do the application for the vacation which has already been proffered and is a part of the agenda. Mayor Pigatt said he wanted to make sure that this development agreement and the vacation of the land are two separate items. He knows the vacation of the right-of-way is on the agenda, but Mr. Gay mentioned it during his presentation of this item for the development agreement and he is not seeing that upon his review. He reiterated that he wanted to make sure that he wasn't missing anything and that there are two separate items. Mr. Gay said that is was not necessarily in the development agreement, but it was in the spirit of what the development agreement would like to achieve. Mayor Pigatt opened the floor for a public hearing. Ben Fernandez, 200 S. Biscayne Boulevard, Miami, Florida, appeared on behalf of the applicant Velocity Carriers and stated that the Mayor is correct that the development agreement is separate from the closure, but they are related in that once the closure is approved, the closure requires additional steps. First is the vacation, which hopefully the Commission will approve tonight and then the actual reversion of the land into the property takes place through the platting process. At that point, the development agreement is designed to recognize the phasing which is why the recommendation talks about the phasing of the project. It would initially operate based on the square footage owned today which is less than 20,000. Once the street is closed then the 20,000 is there and they comply with the code. The site plan can be revisited and modified, if necessary. There being no further persons to speak on the public hearing, the public hearing was closed. It was moved by Commissioner Burke, seconded by Commissioner Davis to pass the above resolution. Mayor Pigatt stated that he is in support of the site plan and development agreement as he sees it at the moment. The additional related item will be discussed at the proper time on the agenda. 12 Regular Commission Meeting Minutes — December 9, 2020 There being no further discussion, the motion passed by a 5-0 vote. Commissioner Taylor Yes Vice Mayor Williams Yes Commissioner Davis Yes Commissioner Burke Yes Mayor Pigatt Yes Mayor Pigatt acknowledged the newly elected Miami -Dade County Commissioner District 1, Mr. Oliver Gilbert. Newly elected Miami -Dade County Commissioner Oliver Gilbert, District 1, came forward and said he looked forward to working with the City of Opa-locka. B. APPEAL(S): 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, AMENDING AND REPLACING, IN ENTIRETY, ARTICLE IV OF THE CITY OF OPA-LOCKA'S CODE OF ORDINANCES ENTITLED "STORMWATER UTILITY", SPECIFICALLY AMENDING SECTIONS 21-190 THROUGH 21-196; CREATING NEW SECTIONS 21-197 THROUGH 20-203; PROVIDING FOR INTENT; CONSTRUCTION; DEFINITIONS; UTILITY ESTABLISHMENT; CUSTOMER BASE; UTILITY CATEGORIES; FEE SCHEDULE AND PAYMENT; EXEMPTIONS; STORMWATER UTILITY ENTERPRISE FUNDS; REQUEST FOR ADJUSTMENT; PROHIBITIONS; PERMITS, PLAN REVIEWS, INSPECTIONS AND ADMINISTRATIVE FEES; PROVIDING FOR CODIFICATION AND SCRIVENER'S ERRORS; CONFLICTS OF LAW, SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager The above ordinance was read by Attorney Norris -Weeks. Mayor Pigatt opened the floor for a public hearing. There being no persons to speak on the public hearing, the public hearing was closed. It was moved by Commissioner Davis, seconded by Commissioner Taylor to pass the ordinance on first reading. Robert Anathan, Budget Administrator for the City of Opa-locka explained that this is the enabling legislation that allows the city to do what was discussed before under the storm water resolution in terms of placing the storm water utility on the property tax bill. 13 Regular Commission Meeting Minutes — December 9, 2020 Commissioner Taylor asked if the residents will be educated in terms of the storm water utility fee. Mr. Anathan advised that there is a hearing scheduled between now and September. As part of the hearing process, all property owners will be notified and in that there will be an explanation and justification. There being no further discussion, the motion passed by a 4-1 vote. Commissioner Burke No Commissioner Taylor Yes Commissioner Davis Yes Vice Mayor Williams Yes Mayor Pigatt Yes 2. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING A RIGHT OF WAY VACATION (NW 24th AVENEUE) REQUEST APPROVAL FOR THE CONSTRUCTION AND OPERATION OF A VEHICLE CARRIER FACILITY ON THE PROPERTY LOCATED AT 2395 ALI- BABA AVENUE IDENTIFIED BY FOLIO 08-2122-002-0580, IN THE I-2 ZONING DISTRICT; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager The above ordinance was read by Attorney Norris -Weeks. Mayor Pigatt opened the floor for a public hearing. There being no persons to speak on the public hearing, the public hearing was closed. It was moved by Commissioner Burke, seconded by Commissioner Davis for discussion. Mr. Gay stated that this is the item to vacate the right-of-way on NW 24th Avenue and Ali -baba Avenue that was discussed previously. The applicant was in a hardship with the size of their lot and this particular right-of-way is adjacent to their property. The applicant is looking at this as an opportunity to correct some of the things that have been done in the past. As some of you may have driven by the site, you would've notice that there is a wall that pretty much closes off the roadway. He said he doesn't know how that wall got there but the property is still recognized on the city's plat map as a street right-of-way. The applicant wishes to acquire this particular property, they have proffered an amount to acquire the property, and in essence they want to replat it, therefore, making their lot size larger and being able to accommodate their operation at the correct minimal lot square size for this particular site. He further said that this item is being brought before the Commission and staff is recommending approval for this vacation of the right-of-way. Commissioner Burke asked, does the city have no use for this property that it is vacating? 14 Regular Commission Meeting Minutes — December 9, 2020 Mr. Gay explained that this is a street that is approximately 150 feet and it is not a thru street, it actually dead ends on another property. Mayor Pigatt expressed his concerns about vacating this property and asked if the property is currently being utilized. Mr. Gay said that the property has been utilized in the past, but presently it is not being utilized. Mayor Pigatt stated that when he drove by the property it appears as one big property. He asked for Mr. Gay to explain how they are not utilizing it if it is one big property? Mr. Gay stated that years ago before the applicant obtained the property, it appeared as if Kauff's and the previous owner of the site may have been utilizing the right-of-way. Once the city determined that there was a street right-of-way, they requested Code Enforcement to go out and take the necessary actions to let them know that was still a public right-of-way and it could not be utilized for private use. As it relates to the amount offered for the right-of-way, Mayor Pigatt asked, how was that determined? He asked if there was a public assessment conducted by the city on that land. Mr. Gay advised that there was not a public assessment done. The city did a ball park analysis to basically determine what the square footage would be and looking at the values of the properties that are adjacent to and pretty much made a determination of what the potential fair market value would be for this particular site. As the applicant explained, when the applicant purchased the property they purchased it at a particular cost per square footage so they looked at the same or similar cost per square foot to determine what the cost would be to acquire the street right-of-way. Mayor Pigatt asked, so why doesn't the city do an assessment to make sure they are getting fair market price for the property. Mr. Gay said it could be done, but that would be a cost to the city. He doesn't know what it would cost to do an appraisal for a street right-of-way that has not necessarily been approved to be developed as land at some point in time so they did not take that particular action. Mayor Pigatt recalled other instances where the city vacated right-of-ways and it had to go through some kind of assessment. He asked, what's the difference between the previous property and this property? Mr. Gay said that the item being reference by the Mayor was paid by the applicant as part of the process and the city did not incur any cost to determine whether it was fair market value. Mayor Pigatt said he was concerned that there was not an assessment done to make sure the city received fair market value for the property and therefore was uncomfortable in moving forth with this item. He said he could not support the item without having done an assessment. 15 Regular Commission Meeting Minutes — December 9, 2020 Commissioner Davis asked for clarification on the process since this would probably be considered as surplus because the city doesn't have any use for it, it's public, it is not on the tax roll and the city doesn't receive any sort of income. Mr. Gay explained that the first step is the vacation of the right-of-way and that requires two readings because it is done by ordinance. Once that is done, then staff would come back to the Commission and proffer legislation for the property to be declared as surplus. Upon the property being declared as surplus, then the city would be able to entertain the offer that is being made by the applicant for the acquisition of the property. Commissioner Davis said that historically speaking the city has always had surplus property appraised and he is having a hard time in understanding why this hasn't occurred in this particular instance. Mr. Gay said that in his five year with the city and dealing with surplus properties, the city had not had the surplus properties appraised. The city has always done a ball park estimate based on the value of the properties that were adjacent. Commissioner Davis said that the original calculation is not based on the current market value and it is not fair to the residents of Opa-locka to give property away or anything short of that given the growth that they are heading as a community. Mr. Gay said that in past interactions with property transactions, on the last one, there was an appraisal that was done by the applicant who was looking to acquire the property. When they did do the appraisal, when the appraisal came back, it came back at lower than the offering price and the city went with the offering price anyway. He stated that he wanted to bring this to their attention so as they add on additional requests and conditions, that is something that can play into what the actual acquisition cost may be. Mayor Pigatt said he was uncomfortable with this item at the moment. Based upon the information he has before him and what he has heard so far, he cannot quantify the value of that land at $70,000. Also, the impact of easements, utilities and things of that nature have not been analyzed. He requested that this item be deferred until that information is made available. He said it is the City Manager's call on the deferment, but these are his thoughts on this item. Mr. Fernandez conveyed to the Commission what the code requires. He said that Section 17-48 of the city code requires that the city takes the average of the market value and the assessed value and that is what the petitioner is supposed to pay. He pointed out that his client purchased the property a year ago and to his knowledge there hasn't been any significant changes in property values. Mayor Pigatt said he was not comfortable with the item and could not support it at this time. Vice Mayor Williams requested that this item be deferred to allow the Commission the opportunity to receive additional information. 16 Regular Commission Meeting Minutes — December 9, 2020 Commissioner Davis requested that the item be deferred because he could not support the item as is. Due to the wishes of the Commission, Assistant City Manager George Ellis deferred the item. Mayor Pigatt announced that the item is deferred indefinitely until it is brought back. Commissioner Burke left the meeting. 3. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA LOCKA, FLORIDA, APPROVING TO CLOSE, VACATE AND ABANDON THE UNDEVELOPED STREET LOCATED BETWEEN THE PARCEL AT 1990 ALI BABA AVENUE, FOLIO 08-2122-003-2210 AND THE PARCEL IDENTIFIED BY FOLIO 08-2122-003-2200 PURSUANT TO ORDINANCE 14-02, FOR THE DEVELOPMENT OF A RESIDENTIAL USE OF THIS PARCEL IN THE B -O ZONING DISTRICT AND WITHIN THE CORRIDOR MIXED USE OVERLAY DISTRICT; PROVIDING FOR APPROVAL; PROVIDING FOR SCRIVENER' S ERRORS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager The above ordinance was read by Attorney Norris -Weeks. Mayor Pigatt opened the floor for a public hearing. There being no persons to speak on the public hearing, the public hearing was closed. Gregory Gay, Director of Planning & Community Development for the city came forward and said that this was an application for the vacation of a right-of-way which is at approximately 20th Avenue and Ali -baba Avenue. This is a property that exists on the city's plat map, but when you drive -by, it is a well -manicured grass lot. This is a property that was identified by staff as part of a settlement agreement, therefore, the city needs to go through this particular process in order to do the vacation of the right-of-way, declare as surplus, and then be proffered as a part of a legal settlement. It was moved by Commissioner Davis, seconded by Vice Mayor Williams to pass the above ordinance. Attorney Norris -Weeks reiterated that this item is a part of a settlement agreement that was approved by the Commission previously. There being no further discussion, the motion passed by a 3-1 vote. Commissioner Burke Not present Commissioner Davis Yes Commissioner Taylor Yes Vice Mayor Williams Yes Mayor Pigatt No 17 Regular Commission Meeting Minutes — December 9, 2020 4. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT (EXHIBIT "A") WITH MORRISON VIP HEALTHCARE, INC. TO OCCUPY SPACE AT 780 FISHERMAN STREET; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager The above ordinance was read by Attorney Norris -Weeks. Mayor Pigatt opened the floor for a public hearing. There being no persons to speak on the public hearing, the public hearing was closed. It was moved by Vice Mayor Williams, seconded by Commissioner Taylor to pass the above ordinance. Sha'mecca Lawson, Executive Assistant to the City Manager explained that this item if for a two year lease agreement between the City of Opa-locka and Morrison Healthcare. This particular space has been vacant since July 2017. The city received numerous inquiries about the space, but the concern has always been that the space it too large and the city feels dividing the space could attract more tenants. The city has been in negotiations with the proposed tenants since October 2020 up until now when both parties have reached an agreement. The tenants will need to make alterations to the space, however, nothing will be done without prior city approval. Once the lease is up, it will be the tenant's responsibility to restore the area back to its original condition. This lease will generate $30,500 to the Town Center line item. She further stated that currently the city doesn't have a property manager and the City Manager's Office has been assuming those responsibilities. The city will be issuing an RFP for a property manager within the next 60 days in accordance with the 99 findings. Mayor Pigatt thanked Ms. Lawson for bringing up the fact that this is part of the 99 findings and that the city does not have a property manager. He said he is concerned about the city taking the role and responsibility of selecting and negotiating lease agreements. He said he was not comfortable with this and every other lease agreement for the Town Center One property that has come before this Commission has had challenges. He believes the city needs to ensure it has a property manager that can solicit a mix of tenants and ensure the property is being managed to its highest and best use. He further said that at the moment he is not in favor of any lease agreement executed by the city until there is a property manager. He said he likes the fact that Morrison VIP Healthcare is interested and he would love to have them as a tenant of this property, however, he wants to make sure the city has a property manager and abides by the operational fmding. Mayor Pigatt said he could not support this item at this time and recommended that it be deferred until a property manager is in place. 18 Regular Commission Meeting Minutes — December 9, 2020 Assistant Manager Ellis advised that the City Manager has assumed those responsibilities. There are seven vacancies in the building and he doesn't think any of them would be long term at this time. The City Manager has negotiated this lease with the proposed tenant and he believes that the City Commission should move forth with this item. Mayor Pigatt reiterated his concerns as it relates to this lease agreement and further stated that this is an operational finding. Since it appears that the Assistant City Manager is not clear on this item, Vice Mayor Williams suggested that the item be deferred to allow the City Manager to provide insight on his item. She shared the same concern as the Mayor in terms of building a wall and in two years tearing it down. Commissioner Davis shared the Mayor's sentiments and said that he believes they all advocated for Town Center to be rented out up to capacity for some time now. As they may know, that building was to pay for itself and it is underutilized. He said he was not in favor of moving forth with this item without having the proper layers of authority, regulations and full-time property manager. Given the mistakes of the past, he said he did not feel comfortable moving forward and therefore, he supports Vice Mayor's deferral of the item. It was moved by Vice Mayor Williams, seconded by Commissioner Davis to defer the item until the City Manager could provide additional insight on this item. There being no further discussion, the motion to defer the item passed by a 4-0 vote. Vice Mayor Williams Yes Commissioner Burke Not present Commissioner Davis Yes Commissioner Taylor Yes Mayor Pigatt Yes 5. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, REPEALING CHAPTER 18, ARTICLE II OF THE CODE OF ORDINANCES, IN ITS ENTIRETY, CREATING A NEW CHAPTER TO INCLUDE DEFINITION OF TERMS; PROVIDING FOR THE REGULATION OF BURGLAR ALARMS; PENALTIES AND FEES FOR NON-COMPLIANCE; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager The above ordinance was read by Attorney Norris -Weeks. Mayor Pigatt opened the floor for a public hearing. There being no persons to speak on the public hearing was closed. It was moved by Commissioner Davis, seconded by Vice Mayor Williams to pass the ordinance on first reading. 19 Regular Commission Meeting Minutes — December 9, 2020 Lt. Nikeya Jenkins of the Opa-locka Police Department came forward and advised that this ordinance is basically to update the city's false alarm program to implement penalties and fees for non-compliance due to excessive false alarms which have placed a burden on the police department. Mayor Pigatt said that in looking at the fee schedule for the first false alarm there is no charge. However, in reviewing the sections, it reads "within 90 days of implementing this ordinance, everyone must have registered". He said he is concerned that if this ordinance is passed, there will be residents that were not aware of this registration fee and if they have a false alarm someone can legally cite them without them even knowing because it's been 90 days. He asked that consideration be made to include a provision to allow for a warning followed by them having to pay within 30 days of that warning. Lt. Jenkins said that there is no charge for the first false alarm so it is her opinion that that is a warning in regards to the false alarm. She said that the vendor Cry Wolf will reach out to everyone who currently has an alarm and they will provide that notification. She said that everyone will have ample time to register. Mayor Pigatt further expressed his concerns relating to the time frame to come into compliance upon the adoption of this ordinance. He said he just wants to make sure there is some type of warning because his main concern is the initial registration period. He went on to say that he is more than happy to move this item forward, but he would like to see this ordinance amended during second reading to address his concern. Lt. Jenkins assured the Commission that the vendor Cry Wolf will send out the notifications immediately upon adoption of this ordinance and that everyone will have ample time to register. There being no further discussion, the motion passed by a 4-0 vote. Commissioner Davis Yes Commissioner Taylor Yes Vice Mayor Williams Yes Commissioner Burke Not present Mayor Pigatt Yes 6. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AMENDING ARTICLE 1.5 ENTITLED "CODE OF ETHICS; CONFLICT OF INTEREST" SECTION 2-14 ENTITLED "ORIENTATION OF ELECTED OFFICIALS" TO INCLUDE TRAINING ON THE ROLES AND RESPONSIBILITIES OF APPOINTED OFFICIALS; PARLIAMENTARY PROCEDURE; A REVIEW OF THE CITY'S STRATEGIC PLAN; PREPARATION OF AN ACCOUNTABILITY PLAN FOR CITY MANAGER FOR THE UPCOMING YEAR AND A REVIEW OF MAJOR CHALLENGES FACING THE CITY IN A WORKSHOP SETTING; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by Mayor Pigatt 20 Regular Commission Meeting Minutes — December 9, 2020 The above ordinance was ready by Attorney Norris -Weeks. Mayor Pigatt opened the floor for a public hearing. There being no persons to speak on the public hearing, the public hearing was closed. It was moved by Commissioner Davis, seconded by Vice Mayor Williams to pass the ordinance on first reading. Mayor Pigatt explained that he proposed this item to ensure that all elected officials for the city receive an orientation, update on the status of the city, and be a part of a strategic plan so that their ideas can be moved forward. This is something that he would love the newly elected officials weigh in on as it relates to the recitals to make sure it covers everything they believe is necessary. He said he just wanted to make sure they are prepared and are very educated as elected officials here in the City of Opa-locka to be able to come in and serve as effectively and efficiently as possible. Commissioner Davis said that when this item was first proposed by the Mayor under Future Agenda Items, he thought it was a great idea. He said it is one thing to be elected to office and then it's another thing for them to understand the roles and responsibilities that are ultimately required of them. This would provide the first step in creating that sustainable long-term infrastructure here in the city. He thanked the Mayor for sponsoring this item and said he would hope this would impact future generations to come be it those who run for office in our community being more informed and effective elected officials. Vice Mayor Williams piggybacked on Commissioner Davis and expressed her appreciation to the sponsor of this ordinance for newly elected officials which is definitely in line with building the bench and keeping everyone aware and abreast of the future because Opa-locka is our future. In terms of strategic planning, she said that strategic planning was on the agenda for today, however, she would like to see a thorough strategic planning meeting or workshop so that the elected officials and not just the City Manager's office can share their goals, ideas and strategies so that they are also in line with the City Manager. Commissioner Taylor agreed with his colleague as it related to strategic planning and asked if there was a timeline associated with the ordinance. Attorney Norris -Weeks advised that the existing language in the code reads "upon request, newly elected members of the city commission shall receive a structural orientation on city government from the city administrator and city attorney within ten business days of the administration of the oath of office". In terms of the language that's added by the Mayor, basically they can add a reasonable period of time. Mayor Pigatt said that ideally he would have liked for all this to take place prior to the newly elected official's attendance at their first meeting, but that was not accomplished based on what 21 Regular Commission Meeting Minutes — December 9, 2020 he's heard, so he would like this done as soon as possible. And not only the City Manager, but the City Attorney to give a thorough review of all legal matters. Those things would be very important to learn as they become elected officials. He further stated that if he was to put a timeframe, he would probably say within 10 business days to do the orientation at maximum. Attorney Norris -Weeks advised that the legal matters are never done in public, but she will have additional conversations with both of the newly elected officials. She asked, does the Mayor want all of it to take place within 10 days? Mayor Pigatt proposed that orientation be held within 10 business days and strategic planning within 20 business days. He said that he wants to make sure all elected officials ideas are a part of the State of the City Address and aware of the city's strategic plan is moving forward. He further stated that he will be discussing under Future Agenda Items an annual review of departments in preparation for the State of the City Address. Assistant Manager Ellis said that 30 days would be more realistic. Attorney Norris -Weeks agreed with the Assistant City Manager and said that some training and orientation can certainly take place within the 10 day period, but this is a lot of stuff so if you're going to be realistic and not totally stress people out, then there should probably be a longer period of time. Mayor Pigatt asked, if the Manager's recommendation is 30 days or 30 business days? Assistant Manager Ellis replied, 30 business days. Vice Mayor Williams said that moving forward, if staff knows there is an election in two years, it gives ample amount of time to map out and plan at least for the most part a viable orientation. She said that 20 days should be, at most, the max to incorporate an orientation as well as the strategic planning. Mayor Pigatt made a friendly amendment to Section 2-14 (i) that all training shall take place in a workshop setting to be scheduled by the City Clerk within 20 business days from taking the oath of office. Attorney Norris -Weeks said that the 10 days language will be deleted so that it is clear that all training is to take place, based on the Mayor's amendment, within 20 business days. Mayor Pigatt said that there are two things, on one hand the city administrator and City Attorney are speaking with each of the elected officials, that's not in a public setting, it's just them sitting down to go through information. The other one is the opportunity to do it in a public setting so that the rest of the Commission can hear what the roles and responsibilities are. 22 Regular Commission Meeting Minutes — December 9, 2020 Attorney Norris -Weeks said she could add some language that makes it clear that it is individually with the commissioner because right now it doesn't specify whether public or private. Mayor Pigatt suggested that the City Attorney propose that language and bring it forth for discussion at second reading. There being no further discussion, the motion passed by a 4-0 vote. Commissioner Davis Yes Commissioner Taylor Yes Vice Mayor Williams Yes Commissioner Burke Not present 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, 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 (FIRST READING/PUBLIC HEARING HELD ON NOVEMBER 19, 2020). Sponsored by City Manager The above ordinance was read by Attorney Norris -Weeks. Mayor Pigatt opened the floor for a public hearing. There being no persons to speak on the public hearing, the public hearing was closed. Gregory Gay, Manager for the City of Opa-locka Community Redevelopment Agency (CRA) came forward and stated that this is a procedural item that is required as a part of the interlocal agreement between the City of Opa-locka CRA and Miami -Dade County. It does require that the Commission approve the budget for the CRA. The CRA has already approved this particular budget and this would allow for the transmittal of the CRA budget to Miami -Dade County for their review process. It was moved by Vice Mayor Williams, seconded by Commissioner Davis to pass the ordinance on second reading. There being no discussion, the motion passed by a 4-0 vote. Commissioner Taylor Yes 23 Regular Commission Meeting Minutes — December 9, 2020 Vice Mayor Williams Yes Commissioner Davis Yes Commissioner Burke Not present Mayor Pigatt Yes C. RESOLUTIONS: 17. CITY MANAGER'S REPORT: Assistant City Manager Ellis welcome and introduced Mr. Delvin Patterson, newly hired Parks & Recreation Director for the City of Opa-locka. Mayor Pigatt welcomed Mr. Patterson to the City of Opa-locka and said he looked forward to his service. Assistant City Manager Ellis reported on the CARES Act funding and the distribution of gift cards. 18. OFFICIAL BOARD REPORTS: Mayor Pigatt reported on the recent Audit Committee meeting where there were a few motions and resolutions that as an advisory capacity, they voted to pass to bring to this Commission. The first being a solicitation for the upcoming audit 2018-2019, secondly there was a motion to ensure that the notification for the Notice of the Meeting is put out in multiple languages, third a recommendation to suggest the Commission meet in a workshop setting to review the Audit Findings and lastly, the committee is recommending approval of Mr. Brunson's contract. 19. FUTURE AGENDA ITEMS: Mayor Pigatt stated that during the last meeting he proposed an Events Policy and he would have hoped it would have come before the Commission at this meeting so that they can properly plan and prepare for all of the upcoming events including this holiday season and those in January, however, management decided to hold that to seek more suggestions. He said that as a Commission there a few things he wants to make sure they touch upon. With this change in the City of Opa-locka, we have an opportunity to really set those changes in stone. As a part of the audit findings, there have been issues about the Charter, therefore, he proposed that the Commission call a Charter Review and start the process. He said he's been in consultation with other law schools in the surrounding area who may be able to assist. He proposed that the city move forth in calling a Charter Review Committee. Commissioner Davis expressed his support for the Charter Review Committee and said he looked forward to the Mayor leading that process. It was moved by Commissioner Davis, seconded by Commissioner Taylor to form a Charter Review Committee. 24 Regular Commission Meeting Minutes — December 9, 2020 There being no discussion, the Future Agenda Item to form a Charter Review Committee as proposed by Mayor Pigatt was supported by a 4-0 vote. Commissioner Burke Not present Vice Mayor Williams Yes Commissioner Davis Yes Commissioner Taylor Yes Mayor Pigatt Yes In preparation for the State of the City Address, Mayor Pigatt said that for the last two times there have been some difficulty making sure there's an annual review or reports from the City Manager and everyone involved and he would like to install that as a part of the city's ordinances. Every year at the end of December or early January, he would like to have a year-end state of the city report from management and also development of an annual report for the city that can be used for the foundation of the State of the City Address. He proposed this item as an ordinance to have an annual written report and also a year-end annual report workshop. It was moved by Commissioner Davis, seconded by Vice Mayor Williams to support the Mayor's proposal to bring back an ordinance to have an annual written report and a year-end annual report workshop for the State of the City Address. There being no discussion, the Future Agenda Item as proposed by Mayor Pigatt was supported by a 4-0 vote. Vice Mayor Williams Yes Commissioner Davis Yes Commissioner Taylor Yes Commissioner Burke Not present Mayor Pigatt Yes Vice Mayor Williams said she wasn't sure if this would fall under the Event's Policy, but she would like to see more media releases going out to make sure the city is constantly being exposed on print media, television media, and online. Mayor Pigatt said that this could be a part of the Events Policy and if it is not included, then definitely Vice Mayor Williams can bring this up as a future agenda item. 20. MAYOR/COMMISSION REPORTS: Mayor Pigatt reported that in terms of the agenda preparations, he's been meeting with the City Manager, City Clerk and City Attorney to ensure that the Commission have their agendas and trying to figure out how to have a much more efficient process. He said he is hoping that they will have something coming up pretty soon and when that does, the Commission can talk a little more about it. Also, it is very important that an Operational Audit Workshop is held since the State is due to come down for the 18 month follow-up on the Operational Audit. 25 Regular Commission Meeting Minutes — December 9, 2020 He stated to the Commission to be on the lookout for the City Clerk to poll them for workshops for the State of the City Address, Operational Audit and Strategic Planning. 21. OFFICIAL BOARD APPOINTMENTS: Clerk Flores informed the Commission that in their agenda packet is a board application submitted by Mykeshia Fenn who is interested in serving on the Historic Environmental Preservation Board, Civil Service Board or Community Relations Board. Additionally, Audrey Dominguez submitted a board application to serve on the Planning & Zoning Board. She further stated that per the Planning & Community Development Department, there is an urgent need to appoint members to the Planning & Zoning Board and the Historic Environmental Preservation Board. Gregory Gay, Director of Planning & Community Development came forward and advised that the Historic Environmental Preservation Board is operated by the city, but is in danger of being under the operation of Miami -Dade County. It is the municipality's responsibility to make appointments to those boards and if the board is non-functional, the county can in essence, through legislation they passed several years ago, take over and run those boards as they see fit. He said he had spoken to Management and a few of the elected officials of how important this board is if the city wishes to maintain control of the board. As it stands right now, this is a nine member board with four members currently serving. The Commission would have to appoint at least one more person to meet quorum for the board to meet. Mayor Pigatt said that there are two board application before them, one checked Historic Environmental Preservation Board and the other did not, however, it is important that there are members on the Historic Environmental Preservation Board. It was moved by Vice Mayor Williams, seconded by Commissioner Davis to appoint Mykeshia Fenn and Audrey Dominguez to the Historic Environmental Preservation Board subject to meeting board requirements. There being no discussion, the motion passed by a 4-0 vote. Commissioner Davis Yes Commissioner Taylor Yes Commissioner Burke Not present Vice Mayor Williams Yes Mayor Pigatt Yes 22. ADJOURNMENT: There being no further business to come before the City Commission, it was moved by Commissioner Taylor, seconded by Vice Mayor Williams to adjourn the meeting at 10:26 p.m. 26 Regular Commission Meeting Minutes — December 9, 2020 Matthew A. Mayor G Attest: J i': a Flores City Clerk 27 Regular Commission Meeting Minutes — December 9, 2020