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HomeMy Public PortalAbout03-March 24, 2021 RCMCITY OF OPA-LOCKA "The Great City" CLERK'S ACTION SUMMARY MINUTES REGULAR COMMISSION MEETING March 24, 2021 7:00 P.M. 1. CALL TO ORDER: Mayor Matthew A. Pigatt called the meeting to order at 7:00 p.m. on March 24, 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, Vice Mayor Veronica J. Williams and Mayor Matthew A. Pigatt. Commissioner John H. Taylor Jr. arrived at 7:08 p.m. Also in attendance were: Assistant City Manager George Ellis, City Attorney Burnadette Norris -Weeks, Assistant City Attorney Candice Cobbs and City Clerk Joanna Flores. City Manager John E. Pate joined virtually via Zoom. 3. INVOCATION: The Invocation was delivered by Vice Mayor Veronica J. Williams. 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 items 13-2 and 13-7 (these items would be discussed under agenda item 12 - Action Items). It was moved by Commissioner Burke, seconded by Commissioner Davis to pass the consent agenda (agenda items 13-1, 13-3, 13-4, 13-5, 13-6, 13-8, 13-9, 13-10, 13-11, 13-12, and 13-13). There being no discussion, the motion passed by a 4-0 vote. Commissioner Davis Yes Regular Commission Meeting Minutes — March 24, 2021 1 Commissioner Taylor Not present Vice Mayor Williams Yes Commissioner Burke Yes Mayor Pigatt Yes 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, APPROVING AN AMENDMENT OF THE CARES ACT FUND INTERLOCAL AGREEMENT ENTERED INTO BY THE CITY OF OPA-LOCKA AND MIAMI-DADE COUNTY TO EXTEND THE AGREEMENT DEADLINE, AS DESCRIBED HEREIN; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY ACTION; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager Mayor Pigatt asked the City Manager to state the emergency nature of this item. City Manager Pate stated that the emergency nature of the item is based on the health, welfare and safety of the residents of the City of Opa-locka, based on the COVID-19 pandemic. It was moved by Commissioner Davis, seconded by Commissioner Burke to amend the agenda to include 14-1. Mayor Pigatt stated that before the Commission voted on the item, he wanted to comment on the number of emergency items received, recognizing that it was one of the highest amounts he has seen and acknowledged that it does not give the Commission the ability to really do their due diligence and really understand the items. The Mayor added that during the last meeting, the Commission had several emergency items that were add-ons, and are on this agenda as well, thus he said he doesn't see the emergency nature of the items. He asked the Manager to explain if there is a deadline which required that this get done today or before the next meeting. City Manager Pate explained that the City has pending funding out for reimbursement and asked Mayor Pigatt if he could address his concern about the number of emergency items. Mayor Pigatt confirmed that City Manager Pate could address those concerns. City Manager Pate stated that the number of emergency items are based on discussions he has had with staff in concurrence with the City Attorney. The City Manager added that the only reason these items carried over from the last Commission meeting is because there was no quorum for the last meeting. He shared that he did not believe it to be prudent to call the emergency meeting when Regular Commission Meeting Minutes — March 24, 2021 2 a regular meeting was already scheduled and that these are things that are coming before the Manager's office that have time schedules, such as the COVID-19 extension, which he reported just came across his desk three days ago from Miami -Dade County. He apologized if it looks like there is an exorbitant number of emergency items, but assured the Commission that there is a methodology to it, and that his office is not moving in a way that is unorganized or unorthodox. The Manager asserted that he believes the Commission has to be very fluid and that it can be discussed further on Monday if the Mayor would like. Mayor Pigatt stated that he wanted to make it clear that the Commission's affirmative vote on an item is based upon them really understanding it, and moving these emergency items, gives them very little time to be able to consult with the Manager, the City Attorney, and the Legislative Aide. The Mayor proposed that when these items are put on the agenda that it be made very clear why they need to be passed within the following two weeks because that is what constitutes an emergency. He asserted that if this continues, his vote will not be in favor of the items moving forward. There being no further discussion, the motion passed by a 5-0 vote. Vice Mayor Williams Yes Commissioner Burke Yes Commissioner Taylor Yes Commissioner Davis Yes Mayor Pigatt Yes Clerk Flores stated that a request was made to amend the agenda to include the following item as 14-2: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AMENDING ARTICLE IV, SECTION 22-81 OF THE CITY OF OPA- LOCICA'S LAND DEVELOPMENT REGULATIONS TO AMEND CERTAIN LANGUAGE REFERENCING SPECIAL EXCEPTION FOR ADULT BUSINESS OPERATIONS WITHIN THE I-2 ZONING DISTRICT; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION AND SCRIVENER'S ERRORS; CONFLICTS OF LAW; AND PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager Mayor Pigatt asked the City Manager to state the emergency nature of this item. City Manager Pate stated that the item needs to be considered by the Commission based on the health and safety of the residents of the City of Opa-locka, in consideration of new developments that came about in pending litigation. Regular Commission Meeting Minutes — March 24, 2021 3 It was moved by Commissioner Burke, seconded by Commissioner Davis to amend the agenda to include 14-2. 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 Clerk Flores stated that a request was made to amend the agenda to include the following item as 14-3: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AMENDING CHAPTER IV, ARTICLE 1, SECTION 4-8 OF THE CITY OF OPA-LOCKA'S CODE OF ORDINANCES TO REDUCE CERTAIN DISTANCE REQUIREMENTS FOR ALCOHOL SALES AND CONSUMPTION WITHIN THE CITY; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION AND SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager Mayor Pigatt asked the City Manager to state the emergency nature of this item. City Manager Pate stated that the item needs to be considered by the Commission based on the health and safety of the residents and stakeholders of the City of Opa-locka, based on pending litigation. It was moved by Commissioner Burke, seconded by Vice Mayor Williams to amend the agenda to include 14-3. 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 It was moved by Commissioner Burke, seconded by Commissioner Taylor to approve the agenda. There being no discussion, the motion passed by a 5-0 vote. Regular Commission Meeting Minutes — March 24, 2021 4 Commissioner Davis Yes Commissioner Taylor Yes Vice Mayor Williams Yes Commissioner Burke Yes Mayor Pigatt Yes 8. APPROVAL OF MINUTES: Workshop Minutes — January 8, 2021 It was moved by Vice Mayor Williams, seconded by Commissioner Taylor to approve the minutes of the Workshop on January 8, 2021. 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 Workshop Minutes - January 14, 2021 It was moved by Vice Mayor Williams, seconded by Commissioner Taylor to approve the minutes of the Workshop on January 14, 2021. 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 Workshop Minutes - February 9, 2021 It was moved by Vice Mayor Williams, seconded by Commissioner Taylor to approve the minutes of the Workshop on February 9, 2021. There being no discussion, the motion passed by a 5-0 vote. Commissioner Burke Commissioner Davis Yes Yes Regular Commission Meeting Minutes — March 24, 2021 5 Commissioner Taylor Yes Vice Mayor Williams Yes Mayor Pigatt Yes Regular Commission Meeting Minutes — February 24, 2021 It was moved by Vice Mayor Williams, seconded by Commissioner Taylor to approve the minutes of the Regular Commission Meeting on February 24, 2021. 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 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 announced the protocol for public participation at city commission meetings. Mayor Pigatt recognized Mr. Bert Morales who joined the meeting virtually by Zoom. Mr. Bert Morales of 481 E 64th Street, Hialeah, Florida stated that he has lived in his neighborhood for about 40 years, and began hearing loud music coming from the Opa-locka Flea Market at night about two months ago, mostly on Friday and Saturday nights. Mr. Morales reported that on March 13th, the music was so loud that it was setting off car alarms in his neighborhood and his neighbor had a picture fall off of her wall, which he recorded on his cell phone. He stated that when he called the City of Hialeah Police, they informed him that it wasn't in their jurisdiction and connected him with a young and polite officer at the scene who told him that there was nothing they could do about it because the concert organizers had a permit. Noting that there is an 11 pm and 300 feet of distancing limit stipulated online, and considering that his house is over a half mile away with the music being heard through impact windows, Mr. Morales asked how a solution can be found where concerts can be scheduled while not having as much of an impact on his home. Regular Commission Meeting Minutes — March 24, 2021 6 Mayor Pigatt opened the floor for Citizen's Forum for those who were in the audience. Audrey Dominguez of 1147 Jann Avenue addressed the Commission on resolution 8, regarding the cameras on Cairo Lane to identify illegal dumping in the area. Ms. Dominguez expressed that she feels this is a great idea that will save the City a lot of money in the future, and will help find the perpetrators responsible for the illegal dumping. Noting that in the past, the city had to incur a lot of the cost to hire companies that spent thousands of dollars, she stated that she thinks the City can incur the $9,000 fee. She also thanked Commissioner Taylor for posting information on Facebook about the COVID-19 vaccination site at the Helen Miller Center, and she reported that she has already referred a couple of residents there who were inquiring about the vaccination. Reminding the Commission that most residents fmd out information via word of mouth, because not everybody has Facebook or Instagram especially in the golden community, she recalled the idea proposed by the Commission in the past to include information inside the water bill as a solution. Suggesting that a monthly calendar of activities, including the Commissioner's meetings, workshops, and food drives could be included without incurring any fees because the water bill is already sent out every month, and she added that PR Consultant Jessica Modkins from Hip Rock Star can help create it as a great way to get information out. Dottie Johnson of 13724 NW 22nd Place gave kudos to the staff for a job well done at the special events workshop, but stated that she is tired of hearing that the City of Opa-locka had no policy and procedures in place. She shared that every Commissioner used to have a budget of $5,000 for special events, and thanked Vice Mayor Williams for her hard questions. Explaining that the last workshop she attended had her mic muted, she said that she promised herself that she would not waste her time like that anymore, noting that in the workshops the Commission doesn't ask for citizen's input which she thinks is crucial. Recalling a back and forth discussion about overtime, she identified herself as a senior HR professional manager and told the Commission that exempt employees don't get overtime and it is up to them to volunteer. Sharing that her experience has taught her that policy and procedures are always a work in progress, she told the Commission that they have the opportunity to amend those policies and procedures any time. She added that she thinks they need to stop treating Opa-locka like a strong Mayor City because the five members of the Commission have as much power as anybody else because they work for the citizens, or at least are supposed to. Ms. Johnson said that the City has always had Women's History events in the auditorium and breast cancer events, but if it is not documented and the Commission doesn't know where to go, she said she's attended more than three meetings having been involved since 1997. Acknowledging that the Florida League of Cities sponsors a lot of good training and that institutional knowledge is important, she urged the Commission to do their research. She also expressed that she was glad to see some of the City's legislation pass, and recalled the history of the Opa-locka Executive Airport, thanking Commissioner Jordan, Mayor and Commissioner Joseph Kelley and herself for the $1.5 million dollars that are brought in now, after they went to the County to take the land back and give it to the Carrie Meek Foundation. Ms. Johnson asked Regular Commission Meeting Minutes — March 24, 2021 7 the Commission to be very careful about what they say and to know their history, and said that they have it for those that don't know. She asked for a couple of additional minutes or seconds. Mayor Pigatt allowed her to finish her statement. Ms. Johnson asked the Commission to check with the State of Florida before they use the name Arabian Accessory, because the City of Opa-locka is not the owner of the name any more. There being no further persons to speak, Citizen's Forum was closed. Commissioner Davis addressed Mr. Bert Morales as a Hialeah resident who expressed concerns about music being played after 11 PM. The Commissioner asked City Manager Pate to provide a response based on the City's special event policy 11 PM cutoff. City Manager Pate reported that his office has been in correspondence with Mr. Bert Morales as well as other residents of the area in regards to the issue with the loud music from the flea market concerts after 11 PM. The Manager explained that he sent a cease and desist message to the owners of the flea market in order to bring them to the table to meet with the City and try to figure out a solution for the various events. He added that the flea market does not currently come to the City for special exemptions and permits, and that he is currently researching the matter, but that all events there have been suspended based on his directive until the matter is solved. Commissioner Davis addressed Ms. Audrey Dominguez's comments about seeking a marketing strategy, preferably using the water bill as an avenue to reach residents. Recalling that it was discussed in the past and brought up during a public forum, the Commissioner asked if City Manager Pate had a response to the request and wanted to know if his office had been working on it in any capacity. City Manager Pate stated that his office is always looking for areas to improve on especially when it comes to communication and transmitting information out to residents. The Manager assured the Commissioner that Ms. Audrey Dominguez's comments have been taken into account and he will make sure to reach out to her to get further comments in regards to the matter. Commissioner Davis requested that the City Manager's Office obtain an estimate of the cost for the service to send marketing materials with the monthly water bill, including a full analysis. The Commissioner recalled that the issue had been discussed a few times and wants to ensure they have the proper analysis, so that they can put their best marketing foot forward. City Manager Pate stated that it would not be a problem to produce that estimate, and asked him to give him 30 days to do a full analysis. Vice Mayor Williams expressed that she wholeheartedly agrees with and appreciates the comments made by Ms. Audrey Dominguez. The Vice Mayor reported that she has been in Regular Commission Meeting Minutes — March 24, 2021 8 communication with Ms. Dominguez and at the forefront of one of her goals is making sure that residents, especially seniors know what is going on in Opa-locka. Adding that she agrees that the City shouldn't be advertising only on social media, she reported that she brought up the idea of using staff from the Parks Department to have a ground game with people going door to door, because the parks are not open. Thanking Ms. Dominguez for her comment, she assured her that she should definitely see change. Vice Mayor Williams addressed Mr. Bert Morales' comment, stating that there is noise everywhere happening on different streets within the City, and that she thinks the Commission needs to send out communication to all residents making it clear that they are not playing and out of respect for residents including the seniors, the City will not allow music being blasted after 11 PM. Mayor Pigatt thanked his colleagues and echoed their sentiments. The Mayor also thanked Mr. Bert Morales and Ms. Audrey Dominguez for bringing up the points they did, and he expressed that he looks forward to seeing the City Manager's response to the strategy for marketing and the enforcement of the new noise ordinance. He asked Clerk Joanna Flores if there was a way to track the request that the Commission makes of the City Manager's staff, so that they can hold themselves accountable to follow-up and make sure that the requests brought up by citizens are addressed. Clerk Joanna Flores stated that she would make it happen. There being no further persons to speak, Citizen's Forum was closed. 12. ACTION ITEMS (items from consent agenda pull list): 13-2. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCICA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A REQUEST FOR PROPOSALS (RFP) FOR A COMPREHENSIVE PARKS AND RECREATION MASTER PLAN; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager The above resolution was read by Assistant City Attorney Candice Cobbs. It was moved by Commissioner Davis, seconded by Vice Mayor Williams to pass the resolution. Mayor Pigatt asked City Manager Pate to introduce the item. City Manager Pate explained that this item refers to putting out RFPs for the Parks Department master plan that will be paid for in part by the CRA as well as by the City of Opa-locka, in order to complete a full assessment of the City's facilities and programming. The Manager reminded the Commission that this has been discussed over the past nine months at CRA and Commission meetings, and this item will simply bring to fruition the discussion about getting solid planning done by a qualified consultant, to move the Parks Department to the next level. Regular Commission Meeting Minutes — March 24, 2021 9 Mayor Pigatt asked the Commission if they had any comments. Commissioner Davis expressed that he is extremely excited to see this item moving forward. The Commissioner reminded his colleagues that a parks forum was sponsored a few months ago in the summer of last year, using the downtime due to COVID-19 to look at the parks to come up with a plan to reimagine them. Recognizing that this is the first step in that plan, he said that he thinks the Commission learned a lot through the pandemic by seeing other parks that were active, while Opa-locka's parks were closed due to limitations with active sports. He added that he is excited about providing a variety of services to City residents, and is also excited about all of the possibilities that could potentially present themselves. Mayor Pigatt stated that he pulled this item to talk about it, recognizing that the Parks Department is very near and dear to the hearts of the members of the Commission. He thanked Commissioner Davis and former Commissioner Joseph Kelley for hosting the park summit, which the Mayor said was an amazing event during which a lot of ideas were brought up by residents. Recognizing that the pandemic hit the City hard in terms of engaging residents and being able to have events, he explained that the RFP gives the City the opportunity to formalize the ideas that have been proposed. He expressed that he feels that one of the challenges is that everything in government requires a plan, including waiting for processes like the RFP. The Mayor asked City Manager Pate if the City is beholden to the completion of the plan before ideas to improve park facilities are executed. City Manager Pate stated that the City is not beholden to the plan and that they do not have to wait for the RFP to be completed. The manager added that any recommendations that the Commission would like to bring forth in advance of the completion of the plan, can be taken into consideration immediately without delay, explaining that anything large in scale, can be incorporated into the RFP and into the planning as it is taking place. Mayor Pigatt reminded the Commission that a lot of ideas that the City can implement, were brought up by citizens during the park summit. The Mayor recalled that $1.6 million was put into the recovery plan and that funds were allocated in a CRA budget to get projects done and he wondered when the Commission will be able to see some of those improvements. He also pointed out that before Commissioner Kelley left, the City was in the process of getting lights and renovating the bathrooms at Ingram Park, but the park is still in similar conditions. The Mayor asked what is being done now and what projects are underway, requesting a timeline of completion when realistic development will be seen in the City of Opa-locka. City Manager Pate stated that he can work with staff to come up with a projected timeline, but reminded the Commission that the two things that were against them were COVID and the transition to recruit a qualified Parks Director and Assistant Director to take the department to the next level. While he explained that he is waiting to bring on those individuals, he stated that the Mayor's comments were duly noted and that he is sure the Parks Director heard him loud and Regular Commission Meeting Minutes — March 24, 2021 10 clear. The Manager committed to working within a week with Parks Director Delven Patterson and Public Works Director Airia Austin as the director of capital improvements, to provide a detailed report on pending projects, including the progress on Ingram Park. Commissioner Burke asked City Manager Pate if he stated that the former Parks & Recreation Director wasn't qualified. City Manager Pate stated that after former Parks & Recreation Director Brown announced his retirement, the City began the recruitment process for a Parks Director and Assistant Director, who both have to be qualified. The Manager clarified that no one was saying whether Mr. Brown was qualified or not. Commissioner Burke thanked City Manager Pate for clarifying that. The Commissioner then asserted that after all of the years that the Commission has been working on Ingram Park, some type of work should have been done. He reported that he was at Ingram Park last week and the lights were still not there, despite him being almost sure that the City has the money for the lights. The Commissioner added that the company has said that the lights could have been there already and that they also said that the City of Opa-locka is dragging its feet. Expressing that he is seeing a pattern with a problem in the Public Works Department, he pointed out that the Commission waited and had certain projects fall through, including the work on Cairo Lane and the old City Commission Building. The Commissioner urged the Manager to find out what is going on in the Public Works Department. Mayor Pigatt stated that he had three questions in regards to the proposal. First, he wanted to know if it will provide details on the type of programs the City of Opa-locka has the capacity to do based on the available facilities, and if it will include the cost involved. The Mayor offered the example of Ingram Park and whether or not it has the capacity to become a crew or fishing area, or if the prairie or flower garden can become a butterfly garden. City Manager Pate assured Mayor Pigatt that what he requested to be included in the proposal is part of the goal and reasoning for it. The Manager offered additional assurances that the Mayor's questions will be incorporated during the RFP process so that the proposal from the company that is chosen, reflects the expectations of the City Commission, the Manager and his staff. Mayor Pigatt posed his second question on the comprehensive Parks & Recreation Department master plan and asked if the plan is going to give the Commission something that they can move on, in consideration of the fact that $150,000 is being spent on it. The Mayor asked if the City is going to spend this money to upgrade facilities, whether or not the plan will provide the Commission with the exact cost of building the facilities as well as the cost involved with staffing the programs. Regular Commission Meeting Minutes — March 24, 2021 11 City Manager Pate confirmed that based on Mayor Pigatt's request, specific language was incorporated into the RFP to ensure it delineated the concerns that the Mayor brought up during the agenda briefing. Mayor Pigatt posed his final question on the comprehensive Parks & Recreation Department master plan, inquiring about whether or not the plan will detail the staffing level necessary to make sure that facilities are maintained, to ensure that the City has the people with the expertise and the resources needed to keep the facilities in good condition. The Mayor noted that he has heard quite a bit about the maintenance of the parks and that the City may not have enough staff. He pointed out that Commissioner Burke had brought up the staffing level concerns and that the City had to turn to the Public Works Department to do the work to maintain the facilities. The Mayor asked if the plan will include the full cost of the programs. City Manager Pate confirmed that it will. Mayor Pigatt stated that if that is the case, then he is in full support of making sure that the item moves forward, noting that it is something that many on the Commission have been championing for a while and that it is good to see it happening. Commissioner Taylor asked if a timeline will be set for the master plan once the RFP is approved. City Manager Pate confirmed that a timeline will be incorporated once the RFP is awarded within the contractual agreement drafted by his office, with the council of the City Attorney's Office. Commissioner Taylor asked City Manager Pate what timeline he will be asking for. City Manager Pate explained that typically from the time an RFP goes out to the time that a final award is granted, the timeline is 90 days. The Manager reminded the Commissioner that the item has to come back before the Commission for final approval based on the Manager's recommendation. Commissioner Taylor stated that what he was asking was whether or not the firm that is chosen will have 90 days to build the master plan. City Manager Pate clarified that a firm will be selected 90 days from when the RFP is issued and that from that point, a contract will be negotiated. The Manager explained that the Commission can provide input on the time frame within which they want the plan done, and the terms of the agreement will determine the timeline provided. Commissioner Taylor thanked City Manager Pate for clarifying that the timeline will be chosen once the firm is chosen. Regular Commission Meeting Minutes — March 24, 2021 12 Commissioner Davis acknowledged that the Parks & Recreation Department master plan will detail the long-term strategic vision for the programming and services at the parks and he recalled that the City had already begun working on several capital projects. The Commissioner asked if City Manager Pate could address the reason why the Ingram Park lighting project has not gone forward. City Manager Pate asked Public Works Director Airia Austin to explain the delays he has had with the completion of Ingram Park. Public Works Director Airia Austin explained that there were two projects scheduled for Ingram Park. On the first project to rehabilitate the restrooms, Director Austin reported that the roof system has been installed in the restroom and his department is proceeding to bid out the work for the interior of the restroom, to complete the project. Additionally, he reported that they are working on the painting of the facade and already have purchase orders in for the painters to start the work. He also stated that his department would like to repair the roof on the athletic facility to complete the repairs. With respect to the second project for the lights at the park, Director Austin told the Commission that the vendor that was procured was trying to provide a different light system than the one that was bidded on. He shared that his department was able to clarify that issue with the vendor this week, with the lighting system specifications now having been approved for the vendor to buy and build the correct lights for that facility. Director Austin estimated that the installation is expected to take 90 days after the lights are built. Commissioner Davis stated that he understood that there was a problem with the procurement and what the vendor wanted to do with the light equipment, and asked why there was a delay in the bid for the restroom roof improvement at Ingram Park, considering that the Commission approved the item quite some time ago. Public Works Director Airia Austin explained that the roof was procured, went through permitting and was installed in a timely manner. Director Austin added that the interior of the restroom was not going to be put out for bid because it was supposed to be done by internal staff, but the work that is needed is beyond the capabilities of the crew and thus it is going to be put out for bid. Commissioner Burke asked Public Works Director Airia Austin if it was possible to get a timeline when the lights will start being installed by the vendor at Ingram Park, considering the Director's report that the procurement issues had been worked out. Public Works Director Airia Austin assured Commissioner Burke that he will request a timeline for the building of the lighting equipment for Ingram Park and will provide a report. There being no further discussion, the resolution passed by a 5-0 vote. Commissioner Taylor Yes Regular Commission Meeting Minutes — March 24, 2021 13 Vice Mayor Williams Yes Commissioner Burke Yes Commissioner Davis Yes Mayor Pigatt Yes 13-7. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING EMERGENCY WORK OF ENVIROWASTE SERVICES GROUP, INC. FOR THE PROVISION OF THE REMOVAL OF ILLEGAL DUMPING FROM THE CANAL ON CAIRO LANE TO NW 135th STREET STORMWATER DRAINAGE SYSTEM; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH ENVIROWASTE SERVICES GROUP, INC; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY ACTION; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager The above resolution was read by Assistant City Attorney Candice Cobbs. It was moved by Commissioner Burke, seconded by Commissioner Davis to pass the resolution. Mayor Pigatt asked City Manager Pate to introduce the item. City Manager Pate asked Public Works Director Airia Austin to introduce the item. Public Works Director Austin stated that in an ongoing effort to evaluate the Cairo Lane project, 300 Engineering needs access to the drainage systems to determine if they were properly installed and are the adequate size for the project. Director Austin reported that through that process, the engineering company found illegal dumping along the entire stretch of Cairo Lane that needs to be removed before they can access and inspect the drainage systems for their quality assurance assessment. The item is being proposed to allow the clearing of the debris so that the work can progress. Commissioner Burke asked if the drainage system Public Works Director Austin was speaking of is the same that the City previously paid over $100,000 to have drained. Public Works Director Austin explained that this is a separate item and is addressing Cairo Lane. Director Austin clarified that the drains Commissioner Burke was referring to are on 127th Street. Commissioner Burke asked Public Works Director Austin why 300 Engineering was hired and if they were the company that walked out on the City. Public Works Director Austin clarified that 300 Engineering is one of the City's awarded contractors for professional consulting services, and that the contractor that walked out on the City was Intercounty Engineering. Vice Mayor Williams asked Public Works Director Austin what the after effects of the cameras were. Regular Commission Meeting Minutes — March 24, 2021 14 Public Works Director Austin explained that motion sensors and the cameras will alert law enforcement about anything that takes place on Cairo Lane, especially activity after hours which is prevalent in the area. With police dispatch having direct access to view the cameras at all times, Director Austin stated that the goal is to prevent an occurrence rather than trying to determine who was responsible after the fact. Vice Mayor Williams asked what the repercussions will be for a person found dumping. Public Works Director Austin explained that a person found dumping illegally will be prosecuted to the full extent of the law. Commissioner Taylor asked Public Works Director Austin if the cameras are going to have a full view of the street with no blind spots. Public Works Director Austin explained that the cameras are going to have a view of the street from the canal to 135th Street, and because of the height there would be no blind spots. Commissioner Burke recalled that money keeps being invested as cameras have been installed in the area before and they were torn down regardless of the height they were at, so he asked Public Works Director Austin what will prevent these cameras from being torn down and whether the IT Department or an outside company will install them. Public Works Director Austin explained that the cameras that were previously used only allowed for the footage to be viewed after an event had already occurred, but because the current proposal is to have live cameras, it will be possible to determine if anyone is attempting to damage the camera through ongoing monitoring. Director Austin also stated that a company is being brought in to install the cameras. Mayor Pigatt reminded the Commission and Public Works Director Austin that the consent agenda included an item for the removal of hazardous waste from 127th Street where there are cameras, and he asked Mr. Austin if those cameras caught the people who dumped that hazardous waste. Public Works Director Austin explained that the hazardous waste on 127th Street came from the Cairo Lane side of the street and not the Port Said Road side where the cameras are located. He added that the new camera system will close the loop. Mayor Pigatt asked Public Works Director Austin when it was determined that work had to be stopped because the existing pipes needed to be cleaned. Public Works Director Austin explained that it was determined in November of last year, during the process of finding a company that would be able to perform the services needed, which he stated was an arduous task because of the size, in addition to no one wanting to assume the responsibility of running into unsuitable materials for the project. Regular Commission Meeting Minutes — March 24, 2021 15 Mayor Pigatt noted that this was an emergency procurement outside of the City's normal RFP process, and inquired why it took four months to have the item come before the Commission. Public Works Director Austin explained that when his department was about to procure the service of 300 Engineering, the City Attorney recommended a different method of procurement because the opinion was that it was not adequate, and thus it was removed from the Commission's agenda and brought back as an emergency item. Mayor Pigatt asserted that the process should not have taken four months and asked Public Works Director Austin when the deadline is for the City to complete the Cairo Lane projects. Public Works Director Austin stated that the deadline for the Cairo Lane project is mid -2023. Mayor Pigatt recalled that much of the City's revolving loan from the state is tied to the completion of the Cairo Lane projects and thus the Commission will not be able to get any funds to complete any other major capital improvement projects. The Mayor expressed concern that the Commission will have to wait another two years before anything else gets done in the City. Public Works Director Austin clarified that the two year time frame is for the expiration of the funding, but that the intent is to have Cairo Lane done by 2022. Mayor Pigatt asked Public Works Director Austin how the project will get done by next year with four month delays on procedures. Expressing his frustration, the Mayor pointed out that the Commission has been dealing with Cairo Lane for years with multiple problems holding the City hostage and preventing other major infrastructure work from getting done. Recognizing this as a huge challenge, he asked what was being done to overcome the consistent delays, pointing out that thousands of dollars are being paid to remove hazardous waste and to install cameras. The Mayor then asked if there is a third party managing the Cairo Lane project. Public Works Director Austin explained that there is currently an evaluation of services, and that when the project goes out for bidding, the state is requiring that the City have a third party company to manage the project. Mayor Pigatt asked if the third party company that will manage the Cairo Lane project has been selected. Public Works Director Austin explained that his department is waiting for the bid for construction to be awarded before the third party management company is determined, which he stated will take place after the evaluation finds that the project is fit to proceed. Mayor Pigatt summarized his understanding, stating that the City has to complete the cleanup project, to then do an evaluation and then go through an RFP process to get a project manager. Regular Commission Meeting Minutes — March 24, 2021 16 Public Works Director Austin clarified that the procurement of a vendor that will construct the remainder of the project will happen at the same time as the procurement of a project management company. Mayor Pigatt recalled that the City had an RFP last year for a consortium of engineers to do this work. City Manager Pate confirmed that the City does have a consortium of engineers that they can choose from at any time, but pointed out that when a specific project has to move forward, a contract has to be drafted and reviewed by the City Attorney, and then come before the Commission. He also stated that Opa-locka's infrastructure issues have developed over several years and are a yeoman's task, and he believes that the Commission should provide residents and stakeholders a realistic timeline. The Manager added that even if all of the funds from the revolving loan were released, the state will not allow the City to assume so much debt and thus it is not possible to complete many projects at once because of the debt to revenue ratio and the financial emergency. He insisted that the Commission have a separate workshop to discuss infrastructure. Asserting that he does not want residents and stakeholders to have the perception that the Cairo Lane project will resolve all of the City's flooding issues in the next five years, the Manager said he thinks it is a 10-15 year process but he does want solid timelines. Reminding the Commission that an engineering firm is currently completing the master plan and flooding assessment, he asked Mr. Austin to share when those will be done so that the Commission can take a holistic approach. Public Works Director Austin reported that the timeline has the storm water master plan being delivered in May, when the priorities to begin construction will be provided. Commissioner Burke reminded City Manager Pate that Cairo Lane existed under Mr. Austin before Mr. Pate began serving as Manager. The Commissioner recalled that there were some problems removing some poles, and money has been spent several times removing hazardous waste including $177,000 to remove oil out of the drain on 127th Street. Pointing out that now the City is spending more money to do it again, he asserted that somebody has to be held accountable. The Commissioner stated that the residents and businesses being impacted on Cairo Lane have been looking for this project to be completed, because when it rains nobody can get into the area. Expressing his concerns that there has been no oversight, he said that the workers contracted were working whenever they wanted to. He pointed out that the person responsible for illegal dumping of oil was caught, and despite a report being given to the police, nothing was done. Considering that the last engineering company walked off the job after the City paid them half a million dollars, he noted that the City doesn't have the money to keep dumping into this. The Commissioner urged that this issue no longer be procrastinated. Mayor Pigatt expressed that Commissioner Burke speaks for all of those who have been living in Opa-locka and dealing with this issue for years. The Mayor stated that at Commission meetings, Regular Commission Meeting Minutes — March 24, 2021 17 plans are proposed and hassles are presented, but citizens want to just see the work get done. He said that the Commission has done everything it has to do to work towards getting the funding back from the state, including creating a pool of contractors to streamline the process and yet the City is still experiencing holdups on this first project over a year later. The Mayor stated he looks forward to the workshop on infrastructure and to seeing a timeline and breakdown of what has to be done to complete the work on Cairo Lane asap, so that the City can move on to other projects. Noting that there are other districts experiencing very similar challenges, he said that even with the plan, the Commission can't do anything until Cairo Lane is done. He pointed out that funding is coming from the federal government over the next few years from President Biden and Congresswoman Frederica Wilson for municipalities to handle infrastructure. The Mayor asserted that the City has to be ready for those dollars, so that they don't have to just rely on the state's revolving loan, and stated that Cairo Lane is a test to make sure the Commission can get the rest done. Mayor Pigatt said it is a test Opa-locka must pass as a community. Commissioner Davis expressed that he is glad that this issue is going to be workshopped. The Commissioner recalled the challenges from the business owners on Cairo Lane having the Miami - Dade County Property Appraiser devalue their property due to the infrastructure problems and ultimately lowering the taxes they have to pay. He shared that he was never a fan of the project, stating that in his opinion a very bad precedent was set with Cairo lane. The Commissioner asserted that he believes the cost of the infrastructure needs should have been footed by most of the businesses in the area, but instead taxpayers are suffering the consequences of things like illegal dumping. Commissioner Taylor expressed that he wants to see if legislation can be proposed to implement a special assessment for industrial zones in the City to reduce the money that is being taken out of the general fund. The Commissioner asserted that businesses need to pay their fair share. City Attorney Norris -Weeks stated that proposed legislation to implement a special assessment for industrial zones in the City would have to be researched. Commissioner Davis reported that during an agenda briefing, he had a discussion with Mr. Austin about an additional tax district that is coming to one of the City's residential areas. The Commissioner pointed out that because it is a preemptive power, ultimately it is a County run process, through which they decide who has taxing districts. Commissioner Taylor asked to confirm if the process for implementing a special assessment for industrial zones can begin in house. Mayor Pigatt explained that the infrastructure workshop can be an opportunity for staff to present the details of what the Commission needs to do for the legislation to implement a special assessment for industrial zones in the City. Regular Commission Meeting Minutes — March 24, 2021 18 Commissioner Taylor added that he wants the special assessment to be for all industrial zones, so that the issues with Cairo Lane don't arise in other areas like the North District. Vice Mayor Williams echoed the sentiments of her colleagues. The Vice Mayor once again reminded the City Manager that the common denominator for everyone on the dais is that they are actual residents, whereas everyone else is not. Recalling having seen and voted for many master plans and projects, she noted that there has not been much movement, which residents want to see. The Vice Mayor suggested that some of the Directors become residents, and asserted that movement will happen faster. City Manager Pate stated that in the humblest way possible, he noted the statements of all five members of the Commission. The Manager offered assurances that he will be on top of this, and will be waking staff up at 7:00 A.M., if not earlier. He asked City Clerk Flores to poll the Commission for dates for the infrastructure workshop, and stated that Mr. Austin will be prepared to present because the residents and stakeholders clearly demand it. Mayor Pigatt expressed that he thinks all of the Commissioners need to speak out on things quickly, and they will do so moving forward. There being no further discussion, the resolution passed by a 5-0 vote. Vice Mayor Williams Yes Commissioner Burke Yes Commissioner Davis Yes Commissioner Taylor 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 ISSUE A REQUEST FOR PROPOSALS (RFP) FOR AN AGENT OF RECORD FOR EMPLOYEE BENEFIT PROGRAMS; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager 3. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, APPROVING SETTLEMENT WITH THE INTERNAL REVENUE SERVICE (IRS) TO RESOLVE THE CITY'S TAX LIABILITY, IN THE AMOUNT OF TWENTY-FIVE THOUSAND, THIRTY-SIX DOLLARS AND SIXTEEN CENTS ($25,036.16), REGARDING (1) OFF -DUTY POLICE OFFICER PAY TREATMENT FROM INDEPENDENT CONTRACTOR TO EMPLOYMENT WAGES; (2) TAX ON LIFE INSURANCE EARNINGS AND (3) TAX ON TAKE- HOME VEHICLE FOR TAX YEAR 2018; FURTHER AUTHORIZING THE CITY MANAGER Regular Commission Meeting Minutes — March 24, 2021 19 TO EXECUTE THE "AGREEMENT TO ASSESSMENT AND COLLECTION OF ADDITIONAL TAX AND ACCEPTANCE OF OVER ASSESSMENT" (FORM 2504-T), ATTACHED HERETO, IN THE AMOUNT OF TWENTY-FIVE THOUSAND, THIRTY-SIX DOLLARS AND SIXTEEN CENTS ($25,036.16) AND "CLOSING AGREEMENT ON FINAL DETERMINATION COVERING SPECIFIC MATTERS REGARDING WORKER CLASSIFICATION" (FORM 14491), ATTACHED HEREIN, IN THE AMOUNT OF TWENTY-TWO THOUSAND, FOUR HUNDRED SIXTY-NINE DOLLARS AND EIGHTY-EIGHT CENTS ($22,469.88) FOR TAX YEAR 2018; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager 4. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, DIRECTING THE CITY MANAGER TO INITIATE AN EVICTION PROCEEDING AGAINST THE OPA-LOCKA COMMUNITY DEVELOPMENT CORPORATION (OLCDC) AND INITIATE LITIGATION FOR UNPAID RENT; AUTHORIZING THE CITY MANAGER TO TAKE ALL NECESSARY ACTION; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager 5. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING EMERGENCY WORK FOR THE PROVISION OF DEBRIS REMOVAL OF HAZARDOUS MATERIAL FROM THE NW 127th STREET STORMWATER DRAINAGE SYSTEM; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH WORLD PETROLEUM CORP; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY ACTION; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager 6. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCICA, FLORIDA, AUTHORIZING EMERGENCY WORK FOR THE INSTALLATION OF CAMERA MONITORING EQUIPMENT ON CAIRO LANE TO IDENTIFY ILLEGAL DUMPING IN THE AMOUNT OF NINE THOUSAND SEVEN HUNDRED AND TWENTY-ONE DOLLARS ($9,721.00); FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH BROADCAST SYSTEMS, INC. AND TAKE ALL NECESSARY ACTION; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager 8. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERGOVERNMENTAL COOPERATION AGREEMENT WITH THE MIAMI-DADE COUNTY PROPERTY APPRAISER AND MIAMI-DADE COUNTY TAX COLLECTOR TO ALLOW THE INCLUSION OF A CITY ASSESSMENT FOR STORMWATER SERVICES ON THE ANNUAL PROPERTY TAX BILL; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager 9. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, ADOPTING AN UPDATED HONOR CODE; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager Regular Commission Meeting Minutes — March 24, 2021 20 10. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AND EXECUTE AN INTERAGENCY AGREEMENT BETWEEN THE CITY OF OPA-LOCKA, FLORIDA AND MIAMI-DADE COUNTY / MIAMI-DADE POLICE DEPARTMENT, IN SUBSTANTIALLY THE SAME FORM ATTACHED HERETO AS EXHIBIT "A", FOR ACCESS TO THE FLORIDA CRIMINAL JUSTICE NETWORK ("CJNET"), NATIONAL CRIME INFORMATION CENTER ("NCIC"), THE FLORIDA CRIME INFORMATION CENTER ("FCIC"), AND THE INTERSTATE IDENTIFICATION INDEX ("III"); PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager 11. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AND EXECUTE A VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE MUTUAL AID AGREEMENT (MAA) BETWEEN THE CITY OF OPA-LOCKA, FLORIDA AND THE CITY OF MIAMI GARDENS, FLORIDA, SUBSTANTIALLY IN THE FORM ATTACHED AS EXHIBIT "A", FOR LAW ENFORCEMENT SERVICES AND RESOURCES; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager 12. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A SETTLEMENT AGREEMENT WITH B & G OPA HOLDINGS, INC. AND B & G OPA LAND HOLDINGS, LLC; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY ACTION; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager 13. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA EXPRESSING ITS DESIRE FOR IMMEDIATE TRANSFER OF CONTROL FROM MIAMI-DADE COUNTY TO THE CITY OF OPA-LOCICA UPON CREATION OF THE PINE TREE LAKE MULTIPURPOSE MAINTENANCE SPECIAL TAXING DISTRICT, PURSUANT TO SECTION 18-3.1 OF THE CODE OF MIAMI-DADE COUNTY; PROVIDING FOR TRANSMITTAL; 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-LOCICA, FLORIDA, APPROVING AN AMENDMENT OF THE CARES ACT FUND INTERLOCAL AGREEMENT ENTERED INTO BY THE CITY OF OPA-LOCKA AND MIAMI-DADE COUNTY TO EXTEND THE AGREEMENT DEADLINE, AS DESCRIBED HEREIN; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY ACTION; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager Regular Commission Meeting Minutes — March 24. 2021 21 The above resolution was read by Assistant City Attorney Candice Cobbs. It was moved by Commissioner Burke, seconded by Commissioner Taylor to pass the resolution. Mayor Pigatt asked City Manager Pate to introduce the item. City Manager Pate stated that this is simply a housekeeping item. The Manager explained that Miami -Dade County recently revised their Cares Act ordinance and modified the deadline, requiring all cities that currently have funding requests to amend their intergovernmental agreements. He added that this item authorizes the document which authorizes the Manager to approve the amendment that needs to go to Miami -Dade County so that they can continue reimbursing the City's funds. Mayor Pigatt stated that he didn't get a clear statement and asked why this item is an emergency, and why it has to be passed at this Commission meeting. City Manager Pate explained that this item is necessary to be passed this Commission meeting because the City is floating money. The Manager added that the City has not received all of its reimbursements for Cares Act programs such as the grocery gift cards. Because he is trying to be fiscally responsible with the state overseeing the City's finances, the Manager stated he felt it was prudent to get the reimbursements back as quickly as possible to fulfill his fiduciary responsibility. Mayor Pigatt asked if everything is going to be submitted within the next two weeks. City Manager Pate stated that everything has already been submitted, but a check will not be cut until the document referred to in the item is signed. Mayor Pigatt stated that sounds good to him. There being no further discussion, the resolution 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, AMENDING ARTICLE IV, SECTION 22-81 OF THE CITY OF OPA-LOCKA'S LAND DEVELOPMENT REGULATIONS TO AMEND CERTAIN LANGUAGE REFERENCING SPECIAL EXCEPTION FOR ADULT BUSINESS OPERATIONS WITHIN THE I-2 ZONING DISTRICT; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR Regular Commission Meeting Minutes — March 24, 2021 22 CODIFICATION AND SCRIVENER'S ERRORS; CONFLICTS OF LAW; AND PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager The above resolution was read by Assistant City Attorney Candice Cobbs. It was moved by Commissioner Davis, seconded by Vice Mayor Williams to pass the resolution. Mayor Pigatt asked City Manager Pate to introduce the item. City Manager Pate deferred to Planning and Community Development Director Gay and City Attorney Norris -Weeks to introduce the item. City Attorney Norris -Weeks stated that the item accompanies the settlement agreement that is on the consent agenda. The City Attorney noted that she thinks she has spoken with everyone about it. She explained that there is a Constitutional issue with respect to having a special exception designation related to issues and therefore it is necessary to remove it, so that there is not something in the City's code that is contrary to Supreme Court decisions on similar issues. There being no further discussion, the motion passed first reading by a 5-0 vote. Commissioner Davis Yes Commissioner Taylor Yes Vice Mayor Williams Yes Commissioner Burke Yes Mayor Pigatt Yes 3. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AMENDING CHAPTER IV, ARTICLE 1, SECTION 4-8 OF THE CITY OF OPA-LOCKA'S CODE OF ORDINANCES TO REDUCE CERTAIN DISTANCE REQUIREMENTS FOR ALCOHOL SALES AND CONSUMPTION WITHIN THE CITY; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION AND SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager The above resolution was read by Assistant City Attorney Candice Cobbs. It was moved by Commissioner Davis, seconded by Commissioner Taylor to pass the resolution. Mayor Pigatt asked City Manager Pate to introduce the item. City Manager Pate deferred to City Attorney Norris -Weeks to introduce the item. Regular Commission Meeting Minutes — March 24, 2021 23 City Attorney Norris -Weeks stated that similar to the last item, this item also relates to the settlement agreement that was alluded to earlier on the consent agenda. The City Attorney explained that this makes the City's code consistent with state statutory guidelines to allow for the use and eventual approval of adult entertainment businesses within the City. Mayor Pigatt asked City Manager Pate and City Attorney Norris -Weeks how the 500 feet rule was determined. City Attorney Norris -Weeks explained that the City's planning staff has a GIS system that provides them the capability of determining where businesses are located and how many feet of distance there is from other businesses. The City Attorney said that Planning & Community Development Director Gay can expound on the GIS system. Planning & Community Development Director Gay reported that his department has been working closely with capital improvement on GIS capabilities, and have the ability to use a mapping service for certain properties. Director Gay explained that for the property being referred to in the settlement alluded to in the consent agenda, his department requested that a survey be done to determine the distance requirements for certain uses. He added that in-house, his department does its own mapping process through the GIS system, in order to make sure that businesses meet distance requirements. Mayor Pigatt stated that the Commission is voting on cutting in half the distance that alcohol can be consumed or sold, from churches, parks and public schools. Acknowledging that it is a significant cut, the Mayor asked why the Commission as residents, has to cut the distance from 1,000 feet to 500 feet. City Attorney Norris -Weeks explained that what the Commission is being asked to do is to pass the item at this Commission meeting, and that she thinks that by the time it comes up for second reading, it may be useful to have the Planning Department provide a mapping to show which properties would be affected by this change. The City Attorney added that this standard is set by Florida State Statute, and many other municipalities include those minimum requirements in their code. Mayor Pigatt stated that it would be nice to see the map of the businesses that would be affected by the change to the distance that alcohol can be consumed or sold from churches, parks and public schools and that it is good to know that it is State Statute. The Mayor asked if the item being an ordinance required the Commission to have a public hearing. City Attorney Norris -Weeks explained that the item is an ordinance because it changes an existing ordinance, and that under the law the public hearing would be held during the second reading. Regular Commission Meeting Minutes — March 24, 2021 24 Vice Mayor Williams asked Planning & Community Development Director Gay when the Commission will get access to the map of businesses affected by the change to the distance that alcohol can be consumed or sold from churches, parks and public schools. Planning & Community Development Director Gay stated that his department already has some aspects mapped out, but he hopes to have the information available to the Commission next week, so that they can see the entire map and how the distance that alcohol can be consumed or sold from churches, parks and public schools will affect businesses in the City. City Manager Pate recognized that Planning & Community Development Director Gay's staff is overtaxed, but asked him to map out the schools, churches and parks within 500 feet of all liquor stores in the City, to provide a bigger perspective to the Commission, rather than focusing on just one establishment. Planning & Community Development Director Gay stated that his department will work with capital improvement to map the impact from both the perspective of the liquor stores that will be impacted as well as the churches, parks and schools that will be affected by the change in the distance that alcohol can be consumed or sold from those establishments. Commissioner Taylor asked if the limit for the consumption or sale of alcohol no more than 500 feet from a church, park or school is part of the settlement agreement. City Attorney Norris -Weeks explained that the change in ordinance would allow for the operation of the business that the City reached the settlement agreement with. The City Attorney added that as it stands right now, the code would have to be amended and that her office does not think it would fall into a grandfather provision. Commissioner Taylor asked if once Klub 24 opens after the Commission passes this item, if it can be amended. City Attorney Norris -Weeks stated that the ordinance could be amended once it is passed. Mayor Pigatt acknowledged that many cities have adult entertainment facilities. Recognizing that this is going to be the first one in Opa-locka, the Mayor stated that he would like to see comprehensive legislation to regulate those businesses. City Manager Pate stated that if Mayor Pigatt desires for his office to look at regulations in regards to adult entertainment facilities, he assured him that they can look into that for him. City Attorney Norris -Weeks pointed out that some regulations in the land development code currently exist, which she had shared with Mr. Gay's department today. The City Attorney expressed that she hopes to enhance those things and bring it back for the Commission's Regular Commission Meeting Minutes — March 24, 2021 25 consideration at a future date not too far in the future, and assured the Mayor it would be by this summer. There being no further discussion, the motion passed first reading by a 5-0 vote. Commissioner Taylor Yes Vice Mayor Williams Yes Commissioner Burke Yes Commissioner Davis Yes Mayor Pigatt Yes 15. PLANNING & ZONING: A. PUBLIC HEARINGS: B. APPEALS: 16. ORDINANCES/RESOLUTIONS/PUBLIC HEARINGS: A. FIRST READING ORDINANCE(S)/PUBLIC HEARING(S): B. SECOND READING ORDINANCE(S)/PUBLIC HEARING(S): C. RESOLUTION(S): 17. CITY MANAGER'S REPORT: City Manager Pate provided the Commission an update on the operational audit. Commissioner Taylor asked City Manager Pate if the Commission will be provided with the timeline for the operational audit. City Manager Pate confirmed that he would send the operational audit timeline to the Commission the following morning. Mayor Pigatt expressed that he was happy to see that the City is moving forward with the operational audit. The Mayor acknowledged that the Commission has been on top of Management to make sure that the audit is taken care of, and he asserted that now it is time to show their work. He asked the Manager to keep the Commission updated so that they make sure to do their part. Noting that the Manager mentioned submitting information for fording 17 by the 29th, and pointing out that is part of the event's policy, the Mayor asked if it is something that the Commission needs to speed up passage of to ensure that they comply with the request. City Manager Pate stated that he does not think that is something that the Commission needs to call a special emergency meeting for, because his office and Budget Director Anathan are in constant dialogue with the Regular Commission Meeting Minutes — March 24, 2021 26 state. The City Manager assured Mayor Pigatt that if it is deemed required, that he will reach out to the Mayor and the Clerk to pull the Commission, but he does not think it is a requirement at this time. Mayor Pigatt stated that whether or not it is a requirement makes it uncertain, but he is concerned that if the events policy is not completed in the time frame currently stipulated, that it may count against the City. The Mayor asked if the Commission needs to move their time frame up to get the events policy finalized. Budget Director Anathan clarified that the special events policy will be submitted on the 19th, not the 17th and thus it is not quite as urgent as was being discussed. Director Anathan explained that he intended to submit the draft policy, which he characterized as comprehensive and which he believes indicates progress. Per the Director, it will be presented as a policy that has gone through a lot of evolution and is going to be firmed up within the next 15 days. He reported that the state has told him several times that they will look at everything as it stood as of February 28th, but as those things are improved, they will be brought to the state's attention and will be brought into the audit report. Based on Director Anathan's recommendation, he said he didn't think anything had to be done before next Monday. Mayor Pigatt asked City Manager Pate to proceed with his report. City Manager Pate gave special thanks to Vice Mayor Williams, Senator Shevrin Jones, Representative James Bush and Mayor Pigatt for coming together and getting the COVID-19 vaccination site open in the City. The City Manager reported that he received an email last week stating that the site would open no earlier or later than Wednesday, and then on Friday he was told that it was opening on Monday. He also shared that initially the state said they were going to handle the marketing and PR for the vaccination site, and their flyer was just released today, with the City's trilingual flyer having been released yesterday. The Manager told the Commission that City Clerk Flores is working with PR Consultant Modkins to duplicate the flyer and get it to the Commissioners. According to the Manager, the vaccination site averaged about 200 vaccinations between Monday and Tuesday, but he did not have the numbers for today and he is requesting similar daily reports to the ones that the City gets for the COVID-19 testing site. Mayor Pigatt thanked Miami -Dade County Mayor Daniella Levine Cava, Vice Chair of the Miami -Dade Board of County Commissioners Oliver Gilbert, the Florida Department of Emergency Management, the Governor's office, and all of the Senators who helped to bring the COVID-19 vaccination site to Opa-locka. The Mayor stated that the City has been aggressive in making sure that citizens receive the testing, vaccines, grocery cards and everything they have needed throughout the international pandemic. He stressed the importance of the marketing of the vaccination site, so that we can put an end to the pandemic. He also asked about the status of the full report to the Commission on the City's employee performance system, which had been requested at the January 8th Commission workshop. City Manager Pate committed to coordinating with Human Resource Director Kierra Ward on the employee performance system report, and will put it on the list of the many other requests to be done. The City Manager noted that Mayor Pigatt had just spoken with City Clerk Flores about a system to remind the City Manager's office to stay on task with requests, and he gave credit to Legislative Aide Randy Grice and City Clerk Flores who already regularly send out emails on tasks that the Commission is very specific about. Mayor Pigatt asked for an update on the status of the City's pay plan. Regular Commission Meeting Minutes — March 24, 2021 27 City Manager Pate stated that the pay plan still has to be reviewed by the state and because the City is currently in the middle of collective bargaining agreement and union negotiations, it is not recommended to push forward with the pay plan because salaries are being discussed. The City Manager also noted that the pay plan will have an impact on the five-year plan, but that he will provide a timeline for the pay plan to be detailed to the Commission. Mayor Pigatt recalled receiving an executive summary back in September of 2020 stating that a full report on code enforcement would be available within 45 days, including improvement recommendations, and asked for a status update on that report. City Manager Pate explained that there were operational issues in regards to litigation and various other issues that came up with code enforcement in various other areas of the City. The City Manager offered to send out an email to the Commission in regards to those specific matters, but stated that he did not wish to bring that up at this point. Mayor Pigatt stated that the Commission looks forward to seeing the information about code enforcement from City Manager Pate. The Mayor noted that there is no Sergeant of Arms at the Commission meeting, and that it is something that has been going on for a few meetings. City Manager Pate assured Mayor Pigatt that there will be a permanent Sergeant of Arms going forward. The City Manager explained that because the Commission meetings don't have the volume of members of the public that they usually have, an officer is typically outside of the building for the protection of the Commission as they enter and leave the building, but he committed to making sure that there is an officer stationed inside the building as well. Commissioner Taylor stressed that he would like to see the study for the special assessment of industrial zones in the City to raise revenue for infrastructure, and doesn't want that to be lost. City Manager Pate recalled that City Attorney Norris -Weeks stated she needed to do some research, but he assured Commissioner Taylor that he will receive a call from both the City Attorney and the Manager in regards to the matter and they will provide him a timeline and the requirements. Commissioner Davis recalled that he made a proposal based on the findings of the audit workshop and the recommendation to provide at bare minimum, quarterly but preferably monthly financial reports to be delivered to the Commission. He reminded the City Manager that this would provide the Commission with a comparison of their budgeted and actual spending, so that the Commission can understand the City's day- to-day spending. The Commissioner asked if the conversation with Financial Consultant Gerri Lazarre has taken place about this. City Manager Pate stated that he intended to have a conversation tomorrow with Financial Consultant Gerri Lazarre about the proposal for monthly fmancial reports. The City Manager committed to Commissioner Davis that either he or Assistant City Manager George Ellis would call him about the matter. He explained that because of the financial emergency, the state sees the City's monthly expenditures and cash flow, which he said he has no problem delineating into a more structural report, once he understands the capabilities of Ms. Lazarre's staff and the outdated systems that will be upgraded once the City catches up on the audits. Regular Commission Meeting Minutes — March 24, 2021 28 Commissioner Burke acknowledged that there is current litigation with code enforcement, but he asserted that the code enforcement investigation should have been completed by now, and that the Commission needs the report from the investigation. 18. OFFICIAL BOARD REPORTS: There were none. Mayor Pigatt asked City Clerk Flores which boards are currently meeting regularly. City Clerk Flores reported that Planning & Zoning and the Historic & Environmental boards have been meeting. Mayor Pigatt asked if the Chair of those boards or someone they appoint should be providing their reports to the Commission. Clerk Flores explained that each board should have a board clerk that is responsible for providing reports. Mayor Pigatt asked City Manager Pate who the board clerks are for the planning and historic preservation boards, and what the status of their reports is. City Manager Pate stated that all of the boards are currently clerked and that both of those boards fall under the purview of Planning & Community Development Director Gay, adding that it is his administrative assistant Ms. Hall who clerks those boards. The City Manager asked Mr. Gay to have Ms. Hall provide monthly reports to the Commission on what comes out of the board meetings. 19. FUTURE AGENDA ITEMS: There were none. 20. MAYOR/COMMISSION REPORTS: Commissioner Burke provided a report on the Women's History Month luncheon. He jokingly stated that Vice Mayor Williams had ghosted him at the event, but acknowledged that she was sick on that day, and shared that all of the women employees were looking to see her at the event. The Commissioner expressed that it was a beautiful event that the employees enjoyed. He stated that those are some of the things he likes to do for employees, and he added that despite it sometimes being hard here, when it comes down to the wire, they are loved and what they do for the City is appreciated. Commissioner Taylor reported that several weeks ago, he along with Legislative Aide Randy Grice and Parks & Recreation Department Director Delven Patterson attended a function with Bike 305. The Commissioner stated that while they almost didn't make it, they did successfully complete a 7 -mile bike ride. He said that he is going to bring the program to the City on April 17th and is calling it the Opa-locka Spring Cycle. Stating that the flyer is being produced, he added that the goal is for everybody from the Opa-locka community to come together to ride bikes through the City. Mayor Pigatt asked if Bike 305 provides bikes. Regular Commission Meeting Minutes — March 24, 2021 29 Commissioner Taylor stated that the event is B.Y.O.B., bring your own bike. Commissioner Burke jokingly asked if three wheelers are allowed. Commissioner Taylor jokingly said that they will have training wheels for Commissioner Burke. Commissioner Burke noted that Easter is near and the month of April begins the following week, and that on behalf of the great City, the Parks Department and the Booster Club, there will be an Easter program to give away baskets to the kids of Opa-locka. Commissioner Taylor jokingly said that during the toy drive, he never got his toy, so he wants to make sure his name is on the list to get his Easter basket. Vice Mayor Williams reported that she feels much better after feeling sick on the day of the Women's History Month luncheon, and she thanked Mr. Grice for bringing her a plate of food. Sharing that she saw the photos from the event, she thanked everyone who helped celebrate the women of Opa-locka and the women who work for the City. She added that she received many text messages of thanks, and thanked Mrs. Natasha Irvin and her husband for the food which the Vice Mayor said was amazing and she expressed that the tradition defmitely needs to be continued. Additionally, she stated that the celebration of Commissioner Barbara Jordan for which she was the mistress of ceremonies, was absolutely spectacular, with the unveiling of the new Barbara Jordan Way. The Vice Mayor said that she received a text message from someone who is not an Opa-locka resident, but who wanted her to recognize Officer Simon for going above and beyond in helping her to find her car keys. She acknowledged that those are the little things that don't get heard about, like the Mayor's cell phone being recovered after being left behind. Recognizing Officer Simon, she thanked the Commission. Commissioner Davis clarified that the Easter event he is partnering with Commissioner Burke on will be on April 3rd and will be a drive-thru event because of the COVID-19 pandemic. The Commissioner reported that he got 80 more baskets for the event from business owners that he has reached out to, and who have donated in support of the event. He stated that he didn't want to do a separate event and wanted to combine resources to make the event more impactful. Expressing thanks to the Booster Club for sponsoring and leading the event, he said that he is looking forward to having the families and youth of Opa-locka come out and enjoying the event. After reporting that he was recently appointed to the Miami -Dade Transportation Planning Organization as a representative of the Miami -Dade League of Cities, he said that he is a firm believer of not wasting his seat at the table and looks forward to representing the City well. The Commissioner shared his hope that what was promised to the community, will come to fruition in the form of the SMART Plan and mass transit for Miami -Dade County. Commissioner Burke apologized to Commissioner Davis because it completely slipped his mind that he had partnered with him on the Easter basket event. The Commissioner acknowledged that more is better and that he is glad to have Commissioner Davis aboard for the event that is for the kids of the great City of Opa-locka. Mayor Pigatt thanked the Commissioners for their reports and for what they are doing in the community to represent the voters. The Mayor specifically thanked Commissioner Burke and Vice Mayor Williams for organizing the Women's History Month luncheon, Commissioner Davis and Commissioner Burke for Regular Commission Meeting Minutes — March 24, 2021 30 organizing the Easter basket event, Commissioner Taylor for organizing the Opa-locka Spring Cycle event and for his work with local universities to get more resources for the City's parks, and Vice Mayor Williams for being the mistress of ceremonies at the event to unveil Barbara Jordan Way. He urged that everyone spread the word about the City's COVID-19 vaccination site, which he acknowledged was fought hard for because of the disparity of vaccines in the community. Noting that there has been a limited line at the COVID-19 vaccination site, the Mayor pointed out that the way to ensure that it stays in the City of Opa- locka, is to ensure it is utilized. The Mayor also reported on a conversation with Morris Copeland, the newly appointed Community Service Officer for Miami Dade -County, who expressed he is more than willing to have a meeting in the City of Opa-locka that the City Manager is coordinating, to see what can happen in the City. He also recalled having a meeting with the African American Mayors Association with Vice President Kamala Harris and Transportation Secretary Pete Buttigieg about the needs of local cities. The Mayor reported that Congresswoman Frederica Wilson is meeting with the Transportation Secretary tomorrow and asked for talking points provided by Public Works Director Austin, on Opa-locka's infrastructure projects, so that she can get federal dollars down to the community. Those are the things the Mayor said are underway, and that he wants to make sure happen in the City. 21. OFFICIAL BOARD APPOINTMENTS: There were none. Mayor Pigatt asked City Manager Pate if it was possible to market the availability of board positions in the City of Opa-locka on social media, through the water bill or whatever means possible. City Manager Pate stated that while it does not fall under his purview, he will work with Clerk Flores to figure out a methodology. 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 9:10 p.m. Matthew A. Pigatt Mayor Attest: J 1'1 ' na Flores, CMC Cif Clerk Regular Commission Meeting Minutes — March 24, 2021 31