HomeMy Public PortalAbout01- January 13. 2021 RCMCITY OF OPA-LOCKA
"The Great City"
CLERK'S ACTION SUMMARY MINUTES
REGULAR COMMISSION MEETING
January 13, 2021
7:00 P.M.
1. CALL TO ORDER:
Mayor Matthew A. Pigatt called the meeting to order at 7:00 p.m. on Wednesday, January 13,
2021 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: City Manager John E. Pate, City Attorney
Burnadette Norris -Weeks, City Clerk Joanna Flores and Assistant City Attorney Candace Cobbs.
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):
Mayor Pigatt pulled agenda item 13-1 from the Consent Agenda.
7. APPROVAL OF AGENDA:
Clerk Flores stated that a request was made to amend the agenda to include the following item as
14-1:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,
FLORIDA, AUTHORIZING THE CITY MANAGER TO APPROVE PENDING AND
FUTURE INVOICES FOR CITY ATTORNEY LEGAL EXPENDITURES; PROVIDING
FOR CORRECTION OF SCRIVENERS' ERRORS; PROVIDING FOR AN EFFECTIVE
DATE. Sponsored by City Manager and City Attorney
Regular Commission Meeting Minutes — January 13, 2021
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Mayor Pigatt asked that the City Manager and/or City Attorney state the emergency nature of
this item.
Attorney Norris -Weeks said that there are items pending before the State at this point, and they
said that what they will need is approval from the city going forward in order to pay the legal
expenditures for her office. Therefore, they are bringing this item to the Commission for approval
so that the City Manager can do so consistent with the Code of Ordinances.
It was moved by Commissioner Burke, seconded by Commissioner Taylor to amend the agenda
to include 14-1.
There being no 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
It was moved by Commissioner Davis, seconded by Commissioner Burke to approve the agenda.
There being no discussion, the motion passed by a 5-0 vote.
Commissioner Davis Yes
Commissioner Taylor Yes
Vice Mayor Williams Yes
Commissioner Burke Yes
Mayor Pigatt Yes
8. APPROVAL OF MINUTES:
Virtual COVID-19 Workshop Minutes — May 7, 2020
It was moved by Commissioner Davis, seconded by Vice Mayor Williams to approve the minutes
of the Virtual COVID-19 Workshop on May 7, 2020.
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
Virtual Audit Workshop Minutes — May 14, 2020
Regular Commission Meeting Minutes — January 13, 2021
2
It was moved by Commissioner Burke, seconded by Commissioner Taylor to approve the minutes
of the Virtual Audit Workshop on May 14, 2020.
There being no discussion, the motion passed by a5-0 vote.
Commissioner Davis Yes
Commissioner Taylor Yes
Vice Mayor Williams Yes
Commissioner Burke Yes
Mayor Pigatt Yes
Virtual COVID-19 Workshop Minutes — May 14, 2020
It was moved by Vice Mayor Williams, seconded by Commissioner Burke to approve the minutes
of the Virtual COVID-19 Workshop Meeting on May 14, 2020.
There being no 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
Special Commission Meeting Minutes — November 12, 2020
It was moved by Commissioner Burke, seconded by Vice Mayor Williams to approve the minutes
of the Special Commission Meeting on November 12, 2020.
There being no 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
Regular Commission Meeting Minutes — November 19, 2020
It was moved by Commissioner Davis, seconded by Commissioner Burke to approve the minutes
of the Regular Commission Meeting of November 19, 2020.
There being no discussion, the motion passed by a 5-0 vote.
Commissioner Burke
Commissioner Davis
Yes
Yes
Regular Commission Meeting Minutes — January 13, 2021
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Commissioner Taylor Yes
Vice Mayor Williams Yes
Mayor Pigatt Yes
9. DISTRICT ONE / DISTRICT TWO - COUNTY COMMISSIONER REPORT:
There were none.
10. PUBLIC PRESENTATIONS:
There were none.
11. CITIZENS' FORUM:
Clerk Flores announced the protocols for public participation at city commission meetings.
The following public comment was submitted by email and read into the record by Clerk Flores:
Eric Redmon of Villa Francine - I would like to take this time to give much thanks to the City
Manager and City Clerk's office for the gift card give away during the holidays which meant so
much to the citizens of Opa locka. The City Manager and staff along with the City Clerk's office
showed true leadership.
Mayor Pigatt opened the floor for Citizens' Forum for those who were in the audience.
Brian Dennis of 821 NW 54th Street, Miami, Florida came forward and read Section 5(b) of the
City Manager's Contract which spoke about the review and evaluation process for the City
Manager. He expressed his concerns relating to the rumors about firing the City Manager.
Dorothy Johnson of 13724 NW 22nd Place, Opa-locka, Florida appeared before the City
Commission and commended the IT Department initiative and suggested that the Welcome Kit be
added. In looking at the Workshop last week, she said that the Building & License Department
needs help because during her recent visits the line has been out the door. She suggested that the
Commission look into approving legislation for the next election or special election that would
probably be coming up for seats or districts.
She further expressed concerns relating to the most recent municipal election in 2020.
Gary Johnson of 13235 Alexandria Drive, Opa-locka, Florida came forward and requested an
update on the flooding at his apartment complex. Secondly, he said it was his understanding that
the city adopted an ordinance to have two police officers at the apartment complex and he needs
to know what time those officers are scheduled to be there. Due to the recent increase in violence,
he asked if the city had a plan for the youth in the community to keep them out of trouble and give
them an opportunity at success.
Natasha Ervin of 670 Dunad Avenue, Opa-locka, Florida, appeared before the City Commission
and expressed her concerns relating to the need for police officers in the city and the city offering
Regular Commission Meeting Minutes — January 13, 2021
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a competitive salary. She went on to speak about the rumors relating to the Mayor and the City
Manager.
She further thanked everyone who was involved in making the Christmas Toy Drive event a
success.
Lamar Crews of 13831 NW 24th Avenue, Opa-locka, Florida, came forward and voiced his
concerns relating to the overgrown trees specifically on NW 24th Avenue and Superior Street. He
suggested that the city employ Opa-locka residents to perform landscape maintenance throughout
the city's streets and alleyways as oppose to hiring an outside contractor.
Sandra Collado, resident of Opa-locka, Florida, came forward and spoke about a new member on
the dais that she has never seen before in her 40 plus years living in the city. She expressed her
frustration as it relates to the lack of assistance to the Hispanic residents in Opa-locka.
She further referred to several areas in the city which needed to be cleaned -up to improve the
image of the city.
Mayor Pigatt reminded the public to adhere to the Decorum at commission meetings and that all
comments be addressed to the entire Commission as a body and not to anyone individually.
There being no further persons to speak, Citizens' Forum was closed.
Mayor Pigatt requested that the City Manager provide a response to the concerns relating to the
drainage, police substation at Glorietta and tree maintenance.
Manager Pate provided an update on the police substation and drainage at Glorietta Gardens. In
terms of the tree maintenance, he said that the Code currently states it is the responsibility of the
resident and there would need to be legislation to address that. He said he had extensive
conversations with Public Works because this was not the first time this subject was brought up
over the last three months.
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, AUTHORIZING THE CITY MANAGER TO EXECUTE AN
EMERGENCY CONTRACT, ATTACHED HERETO AS EXHIBIT "A", WITH HCA
ASSET MANAGEMENT, LLC FOR THE PROVISION OF ASSET VALUATION,
INSURANCE APPRAISAL AND POLICY AND PROCEDURES DEVELOPMENT
ASSISTANCE SERVICES IN AN AMOUNT NOT TO EXCEED THIRTY THREE
THOUSAND DOLLARS ($33,000.00), PROVIDING FOR INCORPORATION OF
RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager
The above resolution was read by Attorney Cobbs.
Regular Commission Meeting Minutes — January 13, 2021
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It was moved by Commissioner Burke, seconded by Commissioner Davis to approve the
resolution.
Robert Anathan, Budget Administrator for the City of Opa-locka explained that the City is required
to get an Asset Evaluation Study done which will meet requirements of the audit. Right now,
without it, it is a cause of getting qualified opinions on the audit. Once this is completed, it should
remove that as an impairment to a clean audit. This will also address two items that are in the
operational audit.
Mayor Pigatt expressed the importance of this item. He said that staff did a great job in putting
together the package/proposal which will address a long standing issue in the City of Opa-locka.
On many of the past audits, the city was not able to get an unmodified opinion due the fact that the
city did not have an inventory of physical assets taking place. This is something that has been
stated in the last few audits and also very important for the city to get outside of financial oversight.
This is critical and the timing of it, based on execution of this contract, is past the deadline for the
city's submission for the upcoming audit.
He stated that he wants to ensure that this is conducted on a regular schedule so that this doesn't
happen in the city again.
Manager Pate explained that once this act is done and completed by this organization, the yearly
audits should actually resolve this issue along with maintenance of the appropriate property list by
city staff both in the accounting department and public works department. As far as this matter
being contracted out, this has been a decades old issue in regards to the city not being able to
maintain proper controls in regards to its assets. This is imperative to prevent the city from going
into financial oversight again that the city maintain proper control through proper staffing and
holding staff accountable moving forward.
Mayor Pigatt asked, once the city executes this inventory of physical assets, can staff continue to
do the inventory moving forward or is this another contract that the city needs to do annually?
Manager Pate said this is a function of a standing municipal organization being able to maintain
their own physical assets and not have an organization come in and do it on a yearly basis. Once
it is maintained and controlled, there will be proper controls in place to ensure this doesn't occur
again.
Mayor Pigatt stated that the Audit Committee is recommending an Audit Workshop to review the
findings of past audits so that it is clear what is needed to ensure all recommendations are being
implemented and addressed. He requested that the City Manager call an Audit Workshop soon to
review the past audits. He further requested that this be done on an annual basis so that once the
city receives the audit findings, a workshop is held to review those findings and develop some type
of strategic plan to ensure things are being addressed in a timely manner.
Manager Pate said that the Audit Committee can call a joint workshop with the City Commission
to review the audits and this can be a function of the Audit Chairperson which is the Mayor.
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Therefore, he doesn't necessarily have to call that workshop because that was a recommendation
of the Audit Committee.
Mayor Pigatt stated to the City Manager that whenever they are ready to call the workshop that his
office be ready to make it happen.
Mayor Pigatt directed the City Clerk to poll the Commission for an Audit Workshop within the
next two weeks.
Manager Pate stated to the Mayor that they would probably want to see if the auditor is available
so that he can do the overview of the audit findings. The city may want to also inquire about the
pricing and what he would charge the city to come in and go over those audit findings especially
if they are going through multiple years.
Mayor Pigatt requested that the City Manager arrange the time based on the City Manager's Office
and Mr. Brunson's availability and work with the City Clerk to poll the Commission to find a date
that works out for everyone.
As it relates to the audit and the issue of accounting for the city's physical assets, Commissioner
Davis said he does know once they have a third party come in and assist the city in getting control
of its assets that it may have a fiscal impact simply because assets are something the city records
on its books. Ultimately depending on what's accounted for somewhere down the road it may
affect the city financially. He asked if the City Manager anticipated any financial impact as a result
of having this function.
Manager Pate said that his estimation as far as physical property is that some are overvalued and
some are undervalued. As far as the physical assets, the city is probably over insured. However,
the city will not know for sure until this study is completed.
There being no further discussion, the motion passed by a 5-0 vote.
Commissioner Davis Yes
Commissioner Taylor Yes
Vice Mayor Williams 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, AUTHORIZING THE CITY MANAGER TO EXECUTE AN EMERGENCY
CONTRACT, ATTACHED HERETO AS EXHIBIT "A", WITH HCA ASSET
MANAGEMENT, LLC FOR THE PROVISION OF ASSET VALUATION, INSURANCE
APPRAISAL AND POLICY AND PROCEDURES DEVELOPMENT ASSISTANCE
Regular Commission Meeting Minutes — January 13, 2021
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SERVICES IN AN AMOUNT NOT TO EXCEED THIRTY THREE THOUSAND
DOLLARS ($33,000.00), PROVIDING FOR INCORPORATION OF RECITALS;
PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager
This item was pulled from the Consent Agenda — Action on this item can be viewed under agenda
item 12 — Action Items.
14. NEW ITEMS:
1. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,
FLORIDA, AUTHORIZING THE CITY MANAGER TO APPROVE PENDING AND
FUTURE INVOICES FOR CITY ATTORNEY LEGAL EXPENDITURES; PROVIDING
FOR CORRECTION OF SCRIVENERS' ERRORS; PROVIDING FOR AN EFFECTIVE
DATE. Sponsored by City Manager and City Attorney
The above resolution was read by Attorney Cobbs.
It was moved by Commissioner Burke, seconded by Vice Mayor Williams to pass the resolution.
Attorney Norris -Weeks explained that this is an item brought forth due to the fact that the state is
holding invoices and requiring that the City Manager be given authority to sign off on invoices
from the City Attorney's Office. This item is being brought before the Commission so that it
coincides with what's required by the Code.
Mayor Pigatt expressed his concerns about this being the first time he's seen an item such as this
being brought forth for approval. He inquired as to why this item was necessary and whether the
Commission will be approving invoices and if so, where are those invoices attached to this item?
Attorney Norris -Weeks said that this is a procedure that the state is requiring and the city is trying
to comply. Their rational is that the City Attorney does not work for the City Manager and
therefore, the Commission has to give the City Manager the authority to process. The City Attorney
has obviously done work and wants to get paid and they are just trying to go through the motion
of whatever it was that the State said they needed.
She requested that the Commission approve the item so that the City Attorney can get paid for
work performed.
After hearing that this is a recommendation from the State, Vice Mayor Williams said she is in
agreeance with following what the City Manager and City Attorney have put forth.
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
Regular Commission Meeting Minutes — January 13, 2021
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Mayor Pigatt Yes
15. PLANNING & ZONING:
A. PUBLIC HEARINGS:
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, 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. Sponsored by City Manager
The above ordinance was read by Attorney Cobbs.
Mayor Pigatt opened the floor for a public hearing.
Dorothy Johnson of 13724 NW 22nd Place, Opa-locka, Florida, expressed her concerns about
emergency legislation coming in front of the taxpayers without having any input or documentation
in advance.
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 approve the above
ordinance on first reading.
Robert Anathan, Budget Administrator for the City of Opa-locka appeared remotely and
highlighted the 27 budget amendment items to be included as a part of the above ordinance which
are reflected in the agenda cover memo as well as the FY 21 Budget Amendment exhibit.
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Commissioner Davis recalled the city having issues in the past due to being somewhat antiquated
with the Sick Leave Policy and the city was moving in the direction which was standard for most
municipal governments comparable in size which includes Paid Time Off (PTO). He asked, is the
city still operating in the antiquated sick leave structure or has the city transitioned to a system of
Paid Time Off.
Manager Pate said that the city is still operating in the antiquated system and they have to go into
collective bargaining which will take place in the near future with both the police union and
AFSCME.
He explained that as far as the leave payout included in this particular item, this amount is for
transitions from the city of long standing members. As the city is aware, there is a long standing
issue of allowing people to maintain benefit time. Moving forward, upon his tenure here, the city
did change that policy limiting the amount of carryover, however, anything in the past, the city
cannot penalize employees through the city's negligence.
He further stated that the city will continue to look at this issue which is an audit finding that is
currently and actively being addressed by the city.
Commissioner Davis said he is glad the city is at least moving in the direction to address that
policy.
Mayor Pigatt noticed that there were two additional staffing positions for the Public Works
Department and Human Resources Department. Recently, during the State of the City Report,
Building and Licensing expressed the need for additional assistance. He asked, is there any
anticipation for including someone in Building & Licensing and why is operations in Human
Resources priority?
Manager Pate explained that as far as Human Resources is concerned, there are long standing
issues within the Human Resources Department and this is a closely monitored matter by the State
of Florida and Auditor General's Office. Based on consultation with the State as well as the Human
Resources Department in looking at the capabilities of antiquated Human Resources practices that
they are looking to modify/upgrade, the city saw the need to add that position.
In terms of the Operations Manager position, the city has been attempting to recruit an Assistant
Director of Public Works for quite some time but have been having issues with the salary range
being competitive. Mr. Austin needs assistance with his duties in Public Works and CIP. The
Operations Manager will come in and supervise both superintendents in the Public Works
Department and be of assistance to Mr. Austin.
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10
He further stated that the City Manager's office is looking at the capabilities of the city's Building
and Licensing Department. Part of the issue is technology based and they are working with the
Information Technology Department to upgrade their system. He said that efficiency is one part
of the issue and another part of the issue is evaluating the entire Building & Licensing Department
holistically in looking at potential changes. There is a possibility of adding an additional
administrative personnel to the Building & Licensing Department during the second reading of
this budget amendment, however, he is still evaluating that.
Mayor Pigatt stated to his colleagues that one of the things that has been on his mind is the city's
need for a lobbyist; to have someone in Tallahassee to advocate for the city. Last year there was a
big uproar in the State with bills that wanted to dissolve municipalities and Opa-locka was used as
one of the top cities for that. Also, the city hasn't had success in securing dollars in Tallahassee.
The funding for a lobbyist was removed from the city's budget since the city has been in financial
oversight. This is something the city should look into and it may not be right now, but the city
should conduct a strategic planning session to discuss in order to find out what would be the goals
and aims of the Commission.
He urged the Commission to think about and consider the city's need for a lobbyist especially
moving towards this upcoming legislative session. Moving forward, once the Operational Audit
Workshop and Audit Workshop are conducted, he suggested a strategic planning session to discuss
this matter in more detail.
Vice Mayor Williams responded to Mayor Pigatt's comment about a lobbyist and said she
respectfully disagrees with the city looking for a lobbyist at this time. It is her belief that the city
is on the right path and cannot afford a lobbyist. She is in favor of continuing to search for lobbyists
who are willing to work on a pro-bono basis.
Mayor Pigatt explained that the point he is leaning towards is that the Commission is clear upon
their goals, really think this through and then propose it to people who may be able to assist.
Commissioner Davis said due to the city's financial position, the State wasn't in support of a
lobbyist on behalf of the city, however, since that time, the State did approve the Commission
identifying a member to lobby which was more cost effective.
Commissioner Burke concurred with Vice Mayor Williams. He said the city has spent a lot of
money on lobbyists in Tallahassee and they've never seen a return. He stated that the best lobbyist
the City could have is themselves, because nobody will fight as hard as they will for the city. He
suggested that designated members of the Commission go to Tallahassee to lobby on behalf of the
city.
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Commissioner Taylor concurred with Commissioner Burke and said he would rather explore
what's already being recommended, to designate someone from the Commission to travel to
Tallahassee as oppose to spending extra money for a lobbyist.
Mayor Pigatt stated that the Commission will have the conversation detailed along with their goals
and objectives and if that means appointing someone on this Commission, the city has to debate
the allocation of funds for that travel expense and also coordinate those times and make that
happen. This has to be decided as a body and whoever that individual is needs to clearly understand
what the Commission goals and objectives are.
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
B. SECOND 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 2O-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 (first reading/public hearing held on December 9, 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 Commissioner Taylor to pass the above
ordinance.
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Robert Anathan, Budget Administrator for the City of Opa-locka explained that this ordinance was
a byproduct of the commission intent to move the stormwater charges onto the property tax bill
which for the first time would allow each and every property to pay its fair share.
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. 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 IDENTIFIED BY 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 (first reading/public hearing held on December
9, 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.
Gregory Gay, Director of Planning and Community Development for the City of Opa-locka stated
that this item is for second reading to vacate the street right-of-way which is approximately 20th
Avenue and sits between two properties along Ali -baba Avenue. The purpose of this vacation is
to initiate the process in order to transfer the property as a part of a settlement agreement. All
research has been conducted in relationship to the ownership of the site and it is a street right-of-
way and this would allow the city to move forward with the transaction for the settlement.
It was moved by Vice Mayor Williams, seconded by Commissioner Burke to pass the above
ordinance.
There being no discussion, the motion passed by a 4-1 vote.
Commissioner Davis Yes
Commissioner Taylor Yes
Vice Mayor Williams Yes
Commissioner Burke Yes
Mayor Pigatt No
Regular Commission Meeting Minutes — January 13, 2021
13
3. 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 (first
reading/public hearing held on December 9, 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 Commissioner Davis to pass the above
ordinance.
Manager Pate briefly introduced the above ordinance for the regulation of burglar alarms in the
city.
There being no 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
4. 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 THE
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 (first
reading/public hearing held on December 9, 2020). Sponsored by Mayor Pigatt
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.
Regular Commission Meeting Minutes — January 13, 2021
14
It was moved by Commissioner Davis, seconded by Vice Mayor Williams to pass the above
ordinance.
Mayor Pigatt explained that this item is basically putting into law a practice to ensure that all
elected officials are provided information needed to do their duty and that all of their ideas are also
put into a strategic plan.
Manager Pate stated that he was not present during first reading and after reviewing this legislation
he does understand what the Mayor is looking to do, but as far as intent, he is in opposition of this
item. The Mayor is looking to do an orientation of new elected officials in a workshop setting
where he feels those elected officials should have the opportunity to have their orientation done in
private. As far as the strategic plan, there is already legislation in place within the Code of
Ordinances and Charter that specifically states that the Commission is responsible along with City
Manager's Office in developing a strategic plan on a yearly basis. There is also an opportunity for
strategic workshops to be called. If there are any specific directives of the City Manager's Office
that are required, that can be done through resolution. He said he didn't believe a law change is
required to do this. The legislation speaks to the "review of major challenges", however, there is
no clear definition of what those major challenges are. At that point, the city has four major
challenges which are defined by the Mayor and not necessarily the City Commission. He went on
to say that as far as intent, the City Manager's Office is in opposition of this legislation. Anything
the Mayor is trying to achieve, can be done without the passage of this legislation.
In reviewing the ordinance relating to the orientation of elected officials, Commissioner Burke
asked, doesn't the Florida League of Cities provide orientation for newly elected officials?
Mayor Pigatt stated that the Florida League of Cities training focuses specifically on ethic laws
and they do not detail or give an introduction to newly elected officials of what is going on within
the specific government. This ordinance is as a result of there being no structured orientation for
newly elected officials in terms of what is going on in the government and what are the current
objectives, goals and challenges. This would be an opportunity to start the new team off with an
understanding of the government and make sure the appointed officials are clear about providing
that newly elected person with their roles, responsibilities and understanding. He said he just wants
to make sure it is the law so that anybody who steps up to serve in the City of Opa-locka, is
equipped with the latest information and are able to have their ideas incorporated in the upcoming
year's strategic plan.
Vice Mayor Williams recalled having extensive conversation at the last commission meeting and
she was able to highlight some of the orientation she received by the City Manager, City Attorney
and City Clerk. One thing she will say is that she truly appreciated the fact that it was private.
Having taken a better look at this ordinance, she is in disagreeance to the workshop setting. She
said that this past workshop meeting was very good and she appreciated hearing from all of the
directors and where the city is heading.
She reiterated that she was not in favor of the workshop setting for orientation.
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As a newly elected official, Commissioner Taylor stated that he also appreciated the fact that the
orientations were done in private because it gave him an opportunity outside of a formal setting to
ask questions one on one. He said that workshops can be called by the City Manager or Mayor and
he didn't see the need for this to become a law.
Mayor Pigatt said he clearly hears the will of the Commission and is in favor of modifying the
legislation to remove the public workshop for the first part. He asked for suggestions as it relates
to newly elected officials discussing their ideas and what amendments were being recommended
to achieve this goal.
Manager Pate reiterated that there is a strategic planning section in the City's Code of Ordinances
that falls in line with the election cycle and this is already mandated in the Code. As far as the
newly elected officials expressing their ideas, they have been doing that and to lock something
down for years for something that can be changed systematically is overreaching. He said he
doesn't think another piece of legislation is required to tie the City Manager's Office down to a
mandate because that is the intent of this legislation.
Mayor Pigatt asked the City Manager for the section in the Charter/Code that requires strategic
planning?
Manager Pate informed the Mayor that he could pull the section up, however, he did not have his
laptop but the Code speaks about strategic planning.
In preparation of this item, Mayor Pigatt asked the City Attorney if she came across anything that
says the City must do an annual strategic planning outside of the Comprehensive Master Plan.
Attorney Norris -Weeks said that wasn't something she specifically looked at, however, she just
searched the words strategic planning in the code and those words don't come up together. She
said she doesn't know whether that is in the City of Opa-locka Code, but perhaps it's something
that is intended by some other name.
Manager Pate said he could be incorrect as far as saying specifically strategic planning is in the
Code, but he knows last year the Mayor spoke about the same intent and perhaps it was through a
resolution, not an ordinance. He said he does know strategic planning has been brought up in
conversations on multiple occasions.
Mayor Pigatt made it clear to his colleagues that the State of the City report was not something
that was normal in the city; that was as a result of a request he did and what this law is doing is to
make sure those types of things take place in the city.
Vice Mayor Williams said both herself and Commissioner Taylor as the newly elected officials
have an issue with the workshop setting, however, they are not saying that no one on the dais
cannot call a workshop for strategic planning. However, what she is hearing is getting a little
convoluted because there are two separate things going on. They are talking about orientation for
newly elected officials and that happened for both herself and Commissioner Taylor. If she didn't
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have a closed session, she would not be freely comfortable to ask questions that she was able to
ask and get those questions answered.
She further stated that her issue is the workshop setting. The Ethics training was given by the
Miami -Dade County League of Cities as well as the City Attorney. She said that there are a lot of
items going on in this one ordinance.
Commissioner Davis said his colleagues seem to have an issue with the public forum and also
being able to address certain questions or concerns in private, but as elected officials there are very
few things that can be done in a non-public setting. With that being said, as an elected official there
is nothing preventing them from having private meetings with the chartered officials because that
is well within their right and also their responsibility to do so.
He further said that he didn't see the passing of this legislation hindering that as a public official.
Therefore, he is in support of this legislation simply because he is in favor of building sustainability
in this government and making sure that those that come after them receive a proper orientation.
Mayor Pigatt stated that Section 2-14(b) reads: "upon request, newly elected members of the city
shall receive an in person structured orientation on city government matters from the City
administrator and the City Attorney within ten (10) business days of administrating the oath of
office". Therefore, it is their right to have an opportunity to go through that in detail and that's a
part of being an elected body. The public workshop gives an opportunity as new colleagues to
review that information and to hear and share as a collective body and that's the difference. The
newly elected officials will still have the opportunity and this law will in no way impede upon
anybody ever within the City of Opa-locka to receive an in -person private orientation. An in -
person orientation can be held and then those questions and thoughts that they think the rest of the
Commission may want to hear, can be brought forth in a public setting.
There being no further discussion, the motion failed by a 2-3 vote.
Vice Mayor Williams No
Commissioner Burke No
Commissioner Davis Yes
Commissioner Taylor No
Mayor Pigatt Yes
C. RESOLUTION(S):
1. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,
FLORIDA, AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT FOR A
NEW OPA-LOCKA COMMUNITY BUS ROUTE FROM THE FLORIDA
DEPARTMENT OF TRANSPORTATION AWARDED TO THE CITY OF OPA-LOCKA
FOR UP TO TWO HUNDRED TWENTY-FIVE THOUSAND, ONE HUNDRED
TWENTY-ONE DOLLARS ($225,121.00), WHICH REQUIRES A FUNDING MATCH BY
THE CITY OF OPA-LOCKA FOR THE PROGRAM; FURTHER AUTHORIZING THE
CITY MANAGER TO EXECUTE THE FLORIDA DEPARTMENT OF
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TRANSPORTATION GRANT AGREEMENT; 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 Commissioner Davis for discussion.
Mayor Pigatt stated that he wants to make sure his colleagues understand that this is a grant that
pays for half of the bus route and the city needs to find funding for the other half. Initially, before
the city received the extension, staff was not recommending approval of this grant because it will
have an impact on the city's budget, five year recovery plan, surplus, and roads/streets projects.
He stressed the importance of the Commission doing their due diligence to advocate to secure
funds for this bus route.
Manager Pate deferred this item to the next commission meeting since the city received an
extension to solicit for additional funding for the match.
17. CITY MANAGER'S REPORT:
Manager Pate reported on the recent crime surge in the City of Opa-locka and explained the steps
taken by the Opa-locka Police Department to address public safety. He provided an update on the
substation at Glorietta Gardens and the status of the Opa-locka Police Department.
He went on to say that the city is making progress with the city's engineering plan in regards to
flood management. Many of these comprehensive updates will be provided at the State of the City
workshop which will be taking place prior to the next commission meeting.
Commissioner Burke said that his concern right now is public safety in this city. The new street
crimes unit is doing an excellent job, however, there is a great concern about killings taken place
which are not only occurring in Opa-locka. The city will be swearing in new officers, but they are
losing officers as well. The city needs to look at a competitive salary to keep the officers here
because right now Opa-locka is being used as a training ground. The city needs more officers on
the streets and must find a way to recruit additional officers.
Commissioner Davis asked that the City Manager elaborate on the alpha bravo and why it was
implemented. He said from his understanding there were problems with certain officers signing up
for the shifts related to the Crime Unit.
Manager Pate explained that initially when the crime surge occurred, non -mandatory overtime
shifts were put out to be voluntarily filled by law enforcement officers to surge manpower on the
streets. The police department went two (2) days in a row where law enforcement personnel either
did not sign up for overtime or limited personnel signed up for overtime which based on his powers
as City Manager caused him to deem it as an emergency to cancel all days off as well as all leave
requests in regards to police personnel because of the shootings that occurred.
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Commissioner Davis expressed his concerns relating to the lack of response from the police
officers. He said he is in favor of paying the officers more and ensuring that they are compensated
fairly, but when someone is hired to do a job, they must do that job. He stated to the City Manager
that there is a real serious problem and he hopes that the city is able to fix it because the residents
deserve better.
Vice Mayor Williams said she was made aware that there was a press conference in regards to the
shootings and the violence that has been going on. She said she is concerned because the
Commission did not know about that press conference and she would like to know who received
the information because it was being said that the Commission did not show up. She asked, how
did that information get funneled and why didn't it get funneled to the Commission.
Mayor Pigatt explained that there was an email sent the evening before to a few individuals
including himself and Commissioner Davis. The email was forwarded to the legislative aide who
forwarded to the City Manager's Office, however, moving forward, he has spoken to the legislative
aide to make sure when those types of emails come to him that they are forwarded to everyone.
Hopefully, this same issue will not occur again and that all communications forwarded to his office
are forwarded to the Commission.
Vice Mayor Williams thanked the Mayor for his response, however, if there was a request to
forward the information to the Commission, they would have received it through the Clerk's
Office. She is concerned that no one from the Commission attended the press conference and
moving forward, someone from the dais should be present to represent the city. In the future, the
Commission should be made aware of all press conferences that happen in the city.
18. OFFICIAL BOARD REPORTS:
19. FUTURE AGENDA ITEMS:
Manager Pate advised that the Mayor requested two future agenda items at the last meeting and
Ms. Lawson is working on drafting those appropriate items which should be forthcoming.
Mayor Pigatt asked that the City Manager provide the Commission with the legislative package
for Tallahassee so that the elected body can meet with the appropriate officials to advocate on
behalf of the city.
Manager Pate agreed to the Mayor's request.
Vice Mayor Williams said she would like to explore legislation for a Crime Stoppers type program
that will pay residents of Opa-locka a minimum of $500.00 and maximum of $1,000.00 for
reporting illegal dumping in residential areas resulting in a guilty conviction. She requested
information on the residential and commercial areas that have recurring illegal dumping.
Manager Pate said he would make sure Vice Mayor Williams is provided with the information
requested.
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It was moved by Vice Mayor Williams, seconded by Commissioner Burke to support the future
agenda item brought forth by Vice Mayor Williams to explore legislation for a Crime Stoppers
program providing incentives to residents for reporting illegal dumping in residential areas that
result in a guilty conviction.
There being no further discussion, the future agenda item brought forth by Vice Mayor Williams
was supported by a 5-0 vote.
Commissioner Taylor Yes
Vice Mayor Williams Yes
Commissioner Burke Yes
Commissioner Davis Yes
Mayor Pigatt Yes
Announcement of Attorney/Client Session
Attorney Norris -Weeks announced a private closed door attorney/client session pursuant to F.S.
286.011 to be held in the City Commission Chambers, 215 Perviz Avenue, Opa-locka, Florida, on
Wednesday, January 27, 2021 at 4:30 p.m. to discuss pending litigation in the following matter: B
& G OPA HOLDINGS, INC. et al v. CITY OF OPA-LOCKA, Case #18-23269-CIV.
20. MAYOR/COMMISSION REPORTS:
Commissioner Burke reported that the Drive-Thru Christmas Toy Giveaway and Gift Card
Distribution were a huge success. He thanked all those involved.
Vice Mayor Williams thanked Commissioner Davis for spearheading the Gift Cards and said that
this really warmed her heart and felt like it was a gift she was receiving just to see the residents.
21. OFFICIAL BOARD APPOINTMENTS:
It was moved by Commissioner Burke, seconded by Commissioner Taylor to appoint Audrey
Dominguez to the Planning & Zoning Board.
There being no 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
22. ADJOURNMENT:
There being no further business to come before the City Commission, it was moved by
Commissioner Burke, seconded by Commissioner Taylor to adjourn the meeting at 9:32 p.m.
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Matthew A'Pigatt
Mayor
Attest:
anna Flores, CMC
ty Clerk
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