HomeMy Public PortalAbout07-July 28, 2021 RCMCITY OF OPA-LOCKA
"The Great City"
CLERK'S ACTION SUMMARY MINUTES
REGULAR COMMISSION MEETING
July 28, 2021
7:00 P.M.
1. CALL TO ORDER:
Mayor Pigatt called the meeting to order at 7:00 p.m. on Wednesday, July 28, 2021 at
Sherbondy Village, 215 Perviz Avenue, Opa-locka, Florida.
2. ROLL CALL:
The following members of the City Commission were present: Commissioner Chris Davis,
Commissioner John H. Taylor Jr., and Mayor Matthew A. Pigatt. Vice Mayor Veronica J.
Williams arrived at 7:12 PM. Also, in attendance were: Assistant City Manager George
Ellis, City Attorney Burnadette Norris -Weeks, Assistant City Attorney Candice Cobb and
City Clerk Joanna Flores. Commissioner Alvin Burke was not in attendance.
3. INVOCATION:
The Invocation was delivered by Commissioner Taylor.
4. PLEDGE OF ALLEGIANCE:
The Pledge of Allegiance was recited in unison.
5. AWARDS/PROCLAMATIONS/ACKNOWLEDGMENTS:
Human Resources Director Kierra Ward honored the children of City of Opa-locka
employees who graduated as members of the Class of 2021.
6. APPROVAL OF CONSENT AGENDA AND PULL LIST (deferrals and deletions):
Mayor Pigatt pulled Consent Agenda Items 13-1 and 13-3 from the Consent Agenda.
Commissioner Davis pulled Consent Agenda Item 13-9.
It was moved by Commissioner Davis, seconded by Commissioner Taylor to approve the
Consent Agenda.
Regular Commission Meeting Minutes — July 28, 2021 1
The motion to approve the Consent Agenda passed by a 3-0 vote.
Commissioner Burke Not Present
Commissioner Davis Yes
Commissioner Taylor Yes
Vice Mayor Williams Not Present
Mayor Pigatt Yes
7. APPROVAL OF AGENDA:
It was moved by Commissioner Taylor, seconded by Commissioner Davis to approve the
Agenda.
There being no discussion, the motion to approve the Agenda passed by a 3-0 vote.
Commissioner Taylor Yes
Vice Mayor Williams Not Present
Commissioner Burke Not Present
Commissioner Davis Yes
Mayor Pigatt Yes
8. APPROVAL OF MINUTES:
Regular Commission Meeting Minutes — June 23, 2021
It was moved by Commissioner Taylor, seconded by Commissioner Davis to approve the
minutes of the Regular Commission Meeting on June 23, 2021.
There being no discussion, the motion passed by a 3-0 vote.
Vice Mayor Williams Not Present
Commissioner Burke Not Present
Commissioner Davis Yes
Commissioner Taylor Yes
Mayor Pigatt Yes
Special Commission Meeting Minutes — July 9, 2021
It was moved by Commissioner Taylor, seconded by Commissioner Davis to approve the
minutes of the Special Commission Meeting on July 9, 2021.
There being no discussion, the motion passed by a 4-0 vote.
Regular Commission Meeting Minutes — July 28, 2021 2
Commissioner Burke Not Present
Commissioner Davis Yes
Commissioner Taylor Yes
Vice Mayor Williams Yes
Mayor Pigatt Yes
9. DISTRICT ONE / DISTRICT TWO - COUNTY COMMISSIONER REPORT:
There were none.
10. PUBLIC PRESENTATIONS:
Donna Grace, P.E. of EAC Consulting presented the stormwater master plan to the
Commission.
Commissioner Davis noted that many cities are taking advantage of the voluntary
community rating process, and in consideration of the recent change in national flood
insurance legislation that resulted in increases in premiums, he asked about the potential
impact that the plan and process can have on residents' ability to obtain and maintain flood
insurance.
Mr. Herman Tirado of EAC Consulting explained that the stormwater master plan will be
a springboard to be able to complete the analysis for the comprehensive community rating
process. Mr. Tirado added that the assessment could be brought before the City of Opa-
locka, and Miami -Dade County as a floodplain manager.
Mayor Pigatt asked whether the online survey that EAC Consulting described in their
presentation, was up on the Opa-locka website and asked that it be provided to the
Commission and City officials so that it is promoted to engage residents.
Mr. Herman Tirado of EAC Consulting stated that the forms for the online survey should
be available on the website for citizens.
Mayor Pigatt also asked when the Commission will get the anticipated cost of the projects
and when the projects will be seen moving forward.
Mr. Michael Adeife of EAC Consulting informed the Commission that the projects will be
identified in the next phase of the process, and that he anticipates that the projects will be
conceptually identified and prioritized for the Commission by the 2nd of September. Mr.
Adeife added that once the projects are approved to go into the design process, which will
include getting the engineering plans done and the projects bid out to a contractor who will
do the actual construction, the estimation is that construction would start by June of 2022.
Regular Commission Meeting Minutes — July 28, 2021 3
He also said that some of the projects that he anticipates will be part of the master plan, are
already in design and should start construction before the end of June of next year.
11. CITIZENS' FORUM:
(Opportunity for discussion of any concerns — please limit to 3 minutes)
City Clerk Flores announced the protocol for public participation at City Commission
meetings.
Mayor Pigatt opened the Citizens' Forum.
Ms. Audrey Dominguez of 1147 Jann Avenue provided the Commission with a chart of
the millage rate that was adopted in 2020 by the municipalities of Miami -Dade County.
Pointing out that the City of Opa-locka has had the highest millage rate at 9.80 for several
years, she urged the Commission to lower the rate, even beyond the 0.15 reduction that had
been proposed. She also thanked the Chief of Police for having Police vehicles in key areas
where there is a high rate of crime and speeding, noting that she has seen a change in her
area.
Mr. Brian Dennis of 2140 York Street shared that he had told Commissioner Alvin Burke
that he would help support the coach and gave him a check to get the equipment they need.
Mr. Dennis also expressed that he wants to see the stormwater master plan because he said
that a plan to put in water drains across the City had been seen before and shared his
concern that money could be paid for the same thing again. He also noted that the budget
meeting was the longest one he has ever seen in his life. Mr. Dennis said that he felt Vice
Mayor Williams was doing a great job and urged the Commission to do something better
than what is being proposed to deal with the challenge of parking within new
developments.
Ms. Dottie Johnson of 13724 NW 22nd Place congratulated the grant writer and City staff
for receiving the grant from the Department of Economic Development in Tallahassee.
Ms. Johnson expressed concerns about the $25,000 proposed budget for the Commission,
and because she doesn't think they have the funds to do multiple events, she reminded them
that a multicultural celebration was suggested. She also said that she hoped there is not a
strategy to defund the Police Department. Ms. Johnson concluded by asking for
clarification on the deferring of agenda items, stating that she believes continued dialogue
on deferred items is not right according to Robert's Rules of Order.
Mr. Robert Barnett of 779 Atlantic Avenue informed the Commission that he is a graduate
of Florida Memorial University in the field of biology and urged them to consider the
environmental impacts of the stormwater master plan projects. Mr. Barnett also informed
Regular Commission Meeting Minutes — July 28, 2021 4
the Commission that he has had extensive problems with code enforcement about keeping
his boat at his house and requested a variance for his property.
There being no additional persons to address the Commission, the public input portion of
Citizen's Forum was closed.
Commissioner Davis assured Ms. Audrey Dominguez that the Commission will be
discussing the City's millage rate and asserted that he agrees it should be lowered in
consideration of the fact that Opa-locka has the highest millage and poverty rate in Miami -
Dade County. The Commissioner also thanked Mr. Robert Barnett for addressing the
potential of having stormwater runoff, recognizing that because of Opa-locka's industrial
nature many properties are considered contaminated, and he stated that he will ensure
environmental protections are incorporated into the stormwater master plan.
Mayor Pigatt thanked everyone who addressed the Commission. The Mayor stated that
the millage rate would be addressed during the Commission's budget conversation. He
also suggested that Mr. Robert Barnett get assistance from Legislative Aide Randy Grice
and City Manager Pate to address his question about obtaining a zoning variance.
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, APPROVING AND ESTABLISHING A CITY
SPECIAL EVENTS LIST FOR THE 2021-2022 FISCAL YEAR AND A
BUDGET; ATTACHED HERETO AS EXHIBIT "A"; PROVIDING FOR
INCORPORATION OF RECITALS; PROVIDING FOR SCRIVENER'S
ERRORS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City
Manager Deferred from RCM 07/14/2021
The above resolution was read by Assistant City Attorney Candice Cobbs.
Mayor Pigatt asked if there was a motion to discuss Agenda Item 12-1.
It was moved by Vice Mayor Williams, seconded by Commissioner Taylor to discuss
Agenda Item 12-1.
Mayor Pigatt asked Assistant City Manager George Ellis to introduce Agenda Item 12-1.
Assistant City Manager George Ellis asked Parks & Recreation Director Delven Patterson
to introduce Agenda Item 12-1.
Regular Commission Meeting Minutes — July 28, 2021 5
Parks & Recreation Director Delven Patterson explained that the special events calendar
being proposed in Agenda Item 12-1, is what had been brought before the Commission
during their workshops in the past month.
Vice Mayor Williams asked Parks & Recreation Director Delven Patterson if Agenda Item
12-1 was proposing for the Commission to vote on the full special events calendar, because
she was only seeing Parks & Recreation events and none of the Commission sponsored
events.
Parks & Recreation Director Delven Patterson stated that the agenda packet should have
included the full special events calendar and offered to get it for the Commission quickly.
Vice Mayor Williams asked Assistant City Manager George Ellis if what is being proposed
to the Commission for the special events budget, includes the budget for just the Parks &
Recreation Department events, or if it also includes the Commission events as well.
Assistant City Manager George Ellis asked Budget Administrator Bob Anathan if Parks &
Recreation Director Delven Patterson was correct on the information provided about the
budgeting for special events.
Budget Administrator Bob Anathan stated that the special events line item in the budget
includes both annual events in addition to the funding for the Commission's discretionary
events, and he said that the total should be $46,000. He added that even if it was not
stipulated under Agenda Item 12-1, that when they look at the budget, the $46,000 amount
will be included as a line item for special events.
Commissioner Taylor pointed out that some of the special events listed in the
documentation provided to the Commission, don't have a total cost included and that the
budget says one thing, while the documentation included in the packet for Agenda Item
12-1 says something totally different.
Parks & Recreation Director Delven Patterson explained that the special events that don't
have a total cost included are those which don't represent a cost to the City. He also assured
the Commission that they would be provided with the updated documentation for Agenda
Item 12-1.
Vice Mayor Williams asked City Attorney Norris -Weeks if the Commission's vote would
be on what they see in front of them in the agenda.
City Attorney Norris -Weeks informed the Commission that they can vote on Agenda Item
12-1 based on the explanation provided by Parks & Recreation staff, with the caveat that
corrections be made to the documents that were provided. Attorney Norris -Weeks also
Regular Commission Meeting Minutes — July 28, 2021 6
pointed out that the Commission could also just delay the item and come back to it once
the appropriate documents are provided.
Assistant City Manager George Ellis proposed that Agenda Item 12-1 be deferred until
September so that more information can be provided to the Commission.
Commissioner Davis asked that Agenda Item 12-1 be updated to reflect the City Manager's
changes.
Mayor Pigatt asked Assistant City Manager George Ellis how deferring Agenda Item 12-1
would line up with the City budget that is anticipated to be passed, considering that the
special events policy specifically states that these events should be part of the budget
conversation.
Assistant City Manager George Ellis reminded the Commission that the City's final budget
is not approved until September and the budget being sent to the state may not include
specific event information until the budget is finalized.
Mayor Pigatt confirmed that Agenda Item 12-1 was being deferred.
2. (13-3) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
OPA-LOCKA, FLORIDA, SETTING THE PROPOSED BUDGET FOR
THE CITY OF OPA-LOCKA, FLORIDA AS REQUIRED BY THE STATE
AND LOCAL AGREEMENT OF COOPERATION BETWEEN THE
GOVERNOR AND THE CITY OF OPA-LOCKA, FOR FISCAL YEAR
(FY) 2021-2022; ESTABLISHING REQUIREMENTS FOR THE
APPROVAL OF THE CITY BUDGET ON OR BEFORE AUGUST 1st AND
FORWARDING TO THE GOVERNOR THE PROPOSED ANNUAL
BUDGET OF THE CITY AS PRELIMINARILY APPROVED BY THE
CITY COMMISSION FOR FY 2021- 2022; AND DIRECTING THE CITY
MANAGER TO FORWARD A COPY OF THIS RESOLUTION AND
APPROVED PROPOSED BUDGET TO THE GOVERNOR; 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.
Mayor Pigatt asked if there was a motion to discuss Agenda Item 12-2.
It was moved by Commissioner Taylor, seconded by Commissioner Davis to discuss
Agenda Item 12-2.
Mayor Pigatt asked Assistant City Manager George Ellis to introduce Agenda Item 12-2.
Regular Commission Meeting Minutes — July 28, 2021 7
City Clerk Joanna Flores informed the Commission that there was a substitute resolution
provided with some changes.
Mayor Pigatt asked if the Commission had to adopt the substitute item.
City Attorney Norris -Weeks informed the Commission that because the substitute
resolution does not change the nature of what is being proposed in Agenda Item
12-2, it is proper for it to be voted on.
Assistant City Manager George Ellis asked Budget Administrator Bob Anathan to
introduce the item.
Budget Administrator Bob Anathan reviewed his FY 22 Budget Preliminary Approval
presentation for the Commission.
Commissioner Davis asked if the funds from the American Rescue Plan were included in
the budget for the coming fiscal year.
Budget Administrator Bob Anathan informed the Commission that the representatives of
the State of Florida have seen a total of $7.5 million in funds available from the American
Rescue Plan, but because there is no precise number and the ground rules for utilization of
those funds are not known, a budget amendment will be needed once the funds become
fully available.
Mayor Pigatt asked if the proposed budget aligns with the 5 -year recovery plan that was
submitted last year.
Budget Administrator Bob Anathan stated that the fund balance is in much better shape
than it was in the 5 -year plan, but he also noted that staffing is up over what was in the
plan.
Mayor Pigatt asked if the proposed budget accounted for a timetable for the elimination of
all outstanding deficits.
Budget Administrator Bob Anathan said that the City has eliminated the deficit in the
general fund and the stormwater fund. Mr. Anathan cautioned that despite his
recommendations, there is no immediate action plan for the deficit in the water & sewer
fund.
Mayor Pigatt asked if current expenditures and revenues are balanced in the proposed
budget.
Regular Commission Meeting Minutes — July 28, 2021 8
Budget Administrator Bob Anathan stated that expenditures and revenues are balanced in
the general fund and stormwater fund, but not in the water and sewer fund.
Mayor Pigatt asked if all operating revenue included in the proposed budget is sufficient
to cover all costs of operation, including depreciation.
Budget Administrator Bob Anathan explained that depreciation is not appropriate for this
purpose, but once again reminded the Commission that the water and sewer fund is
problematic while the storm water fund is very healthy.
Mayor Pigatt asked if improved collection of debts and revenues is accounted for in the
proposed budget.
Budget Administrator Bob Anathan explained that collections have suffered because the
City agreed to not turn off the services being provided to residents during the pandemic,
but he assured the Commission that those collections are on the road to recovery and that
the proposed budget accounts for two additional staff members to improve the collection
of debts and revenues.
Mayor Pigatt asked if a capital improvement plan had been developed for the City, to be
updated annually.
Budget Administrator Bob Anathan stated that there is currently a 1 -year plan and that the
stormwater plan will make it possible to develop a 5 -year plan.
Mayor Pigatt expressed concern that based on the answers provided by Budget
Administrator Bob Anathan, the proposed budget is not abiding by the agreement required
by the City's financial oversight. The Mayor also recalled that since he has been on the
dais, the budget has been submitted to the State of Florida, which makes changes to it as a
final budget for the Commission to approve, and he asked if that had changed for this year.
Budget Administrator Bob Anathan assured the Commission that the State of Florida has
made it very clear in every conversation he's had with them, that any changes the
Commission makes to the proposed budget after the State reviews it, would just have to be
resubmitted.
Mayor Pigatt asked if the State would have another 20 days to review the proposed budget,
if any additional changes are made after their initial review, noting that the City is in a
position to have to resubmit the proposed budget.
Budget Administrator Bob Anathan offered assurances that because the representatives of
the State of Florida will have reviewed the City's entire proposed budget, they'll be able
Regular Commission Meeting Minutes — July 28, 2021 9
to focus on any changes that are made, and if those changes lower expenditures, he believes
the review will be expedited and completed much quicker than 20 business days.
Mayor Pigatt addressed the City's four major challenges and asked how the proposed
budget addresses the financial challenges, by making sure outstanding debts are paid within
five years.
Budget Administrator Bob Anathan explained that because Miami -Dade County is
considering adding debt to the current debt that the City is already paying, for the meter
installation in the middle of next year, that debt is going to be owed slightly beyond the
five-year period. Mr. Anathan also noted that the assumption is that the yearly payments
will continue, and the debt would be paid off in another 3 1/2 years. He also said that either
the building will be refinanced or a balloon payment in the range of $3 million would be
made in FY '26, on the debt associated with 780 Fisherman Street, which would not be
quite within the 5 -year period. Mr. Anathan also informed the Commission that the debt
for the City's red-light cameras has not been addressed and said that the City must
determine exactly how much is owed, to then begin discussions about repayment for the
debt which the representatives of the State said they have no authority to waive outright.
Mayor Pigatt asked if the proposed budget included any changes to the Finance
Department's salaries, to address the issues in that department.
Budget Administrator Bob Anathan informed the Commission that the proposed budget
includes an increase in salary for the City's Finance Director to $125,000 which he said
has been deemed to be competitive. Mr. Anathan also said that the salaries for the other
positions in the Finance Department have not been deemed to be uncompetitive.
Mayor Pigatt asked if the proposed budget included anything to increase the ability to
recruit the people needed to address the City's finances.
Budget Administrator Bob Anathan said that the City has a request for proposals out that
is looking to outsource the Finance Department.
Mayor Pigatt addressed the City's challenge with water billing, and he asked if the
proposed budget included funding to complete a study to reduce water rates.
Budget Administrator Bob Anathan informed the Commission that funding for a water rate
study is not included in the proposed budget and pointed out that with the water and sewer
fund's debt service being roughly 25% of revenue, reducing water rates would exacerbate
the problem. Mr. Anthan assured the Commission that through his own analysis of the
operation of other utilities, he determined that the City's cost structure is favorable.
Regular Commission Meeting Minutes — July 28, 2021 10
Mayor Pigatt addressed the City's challenge with the DERM moratorium and asked if the
proposed budget included any funding to help address the annual review of occupational
licensing.
Budget Administrator Bob Anathan said that while he was unaware of a requirement for
an annual review of occupational licensing, nor the workload involved, he believes that it
is meant to be addressed by the change in leadership of the department.
Mayor Pigatt asked what major projects are being anticipated in the coming year for the
City's roads and streets.
Budget Administrator Bob Anathan informed the Commission that only about a mile and
half of road is included in the proposed budget because of the pending stormwater projects,
to avoid resurfacing streets that then must have additional work be done on them when the
new stormwater system is ready to be installed.
Mayor Pigatt asked how the Commission priorities are reflected in the proposed budget.
Budget Administrator Bob Anathan stated that the proposed budget includes items within
each division that are responsive to the Commission's priorities.
Mayor Pigatt asked if the proposed budget includes funding for a city-wide deep cleaning.
Budget Administrator Bob Anathan explained that the proposed budget includes funding
for the doubling of the people who will be on the road daily to pick up all the illegal
dumping that's occurring throughout the City, in addition to tree trimming, and the painting
of some of the City's buildings.
Mayor Pigatt asked if the proposed budget included funding for the creation of a special
taxing district.
Budget Administrator Bob Anathan stated that the funding needed for the creation of a
special taxing district has not directly been identified.
Mayor Pigatt stated that he wanted to have everything on the record because it is
uncommon for him as Mayor to vote no on the annual budget, but he said that the issues
he raised were the reasons why he cannot support the budget at this moment. The Mayor
noted that the Commission received the documentation for the budget last week, the day
before a Budget Workshop. He asserted that he wants to make sure that the Commission
is in alignment with the City's financial oversight board. The Mayor said that he believed
the millage rate could be dropped even further if so much was not being spent within the
budget, in consideration of being over budget by $5.6 million and using the City's fund
balances while in financial crisis.
Regular Commission Meeting Minutes — July 28, 2021 11
Vice Mayor Williams stated that some of the questions that were asked of Budget
Administrator Bob Anathan seemed to be more related to specific departments, and she
asked if he is supposed to know the answer to all the questions that were asked of him.
Budget Administrator Bob Anathan expressed that while the Public Works Director would
probably have given crisper answers than he did, to do his job correctly, he should know
the answers to the questions that were asked of him.
Vice Mayor Williams expressed that she would not want the Commission to make a
judgement based on Budget Administrator Bob Anathan not knowing why a particular
department put certain line items into their budget.
Budget Administrator Bob Anathan explained that the operational audit put him about 3
months behind his schedule and apologized that the Commission had only received the
budget document 10 days ago.
Mayor Pigatt assured Budget Administrator Bob Anathan that his work is unquestioned
because it has outshone anything he has personally ever seen since he has been sitting on
the dais. The Mayor said that Mr. Anathan is one person, and that the work is done by the
entire team of departments and management. He added that the questions which were
asked, have been brought up in prior Commission workshops and his number one goal is
to make sure that the City is getting out of financial oversight and addressing the major
challenges.
Commissioner Taylor asked if the proposed budget is passed by the Commission, if it
would go to the State of Florida for them to let the City know if there is an issue with it.
Budget Administrator Bob Anathan explained that based on the Commission's vote, the
proposed budget would be sent to the State of Florida for a first pass approval and
comments, which could include recommended adjustments.
Commissioner Davis asked if after the feedback on the proposed budget is received from
the State of Florida, if the Commission can change line items in the budget, or if they can
only increase or decrease specific values.
Budget Administrator Bob Anathan informed the Commission that they have the right to
change any line item they want except the millage rate, because if they try to raise that, it's
going to be expensive.
Mayor Pigatt pointed out that the Commission can make changes to the proposed budget
once they receive feedback from the State of Florida, but they would have to resubmit it to
the State. The Mayor reminded his colleagues that in previous years, the Commission has
had to pass a budget every month because they were delayed in submitting the budget and
Regular Commission Meeting Minutes — July 28, 2021 12
getting it approved by the State. He also pointed out that last year was the first time the
State of Florida didn't recommend any changes.
There being no further discussion on Agenda Item 12-3, the resolution passed by a 3-1
vote.
Commissioner Taylor Yes
Vice Mayor Williams Yes
Commissioner Burke Not Present
Commissioner Davis Yes
Mayor Pigatt No
3. (13-9) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO
ACCEPT GRANT FUNDING FROM THE STATE OF FLORIDA,
DEPARTMENT OF ECONOMIC OPPORTUNITY (DEO), AND
EXECUTE CORRESPONDING AGREEMENT HL136, ATTACHED
HERETO; PROVIDING FOR INCORPORATION OF RECITALS;
PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager
The above resolution was read by Assistant City Attorney Candice Cobb.
Mayor Pigatt asked if there was a motion to discuss Agenda Item 12-3.
It was moved by Commissioner Taylor, seconded by Vice Mayor Williams to discuss
Agenda Item 12-3.
Mayor Pigatt asked Assistant City Manager Ellis to introduce Agenda Item 12-9.
Assistant City Manager Ellis stated that Agenda Item 12-3 is proposing that the
Commission accept the money obtained through legislation sponsored by State
Representative James Bush, for the fencing needed by the Parks & Recreation Department.
Commissioner Davis stated that the reason he pulled Agenda Item 12-3 was to formally
acknowledge Representative James Bush for his help in securing the funding needed for
Opa-locka's parks. The Commissioner shared that he worked intimately in the
development of Kaboom Park in Magnolia North, and he noted that because of the funding,
it will also be receiving fencing that will help curb some of the illegal activity that has been
going on.
Regular Commission Meeting Minutes — July 28, 2021 13
Mayor Pigatt echoed his colleagues' sentiments, thanking Representative James Bush and
all those in Tallahassee who helped make sure the funding came to the City. The Mayor
also invited everyone to the Police Station groundbreaking on Friday at 1:00 PM.
There being no further discussion on Agenda Item 12-9, the resolution passed by a 4-0
vote.
Vice Mayor Williams Yes
Commissioner Burke Not Present
Commissioner Davis Yes
Commissioner Taylor Yes
Mayor Pigatt Yes
13. ADMINISTRATION:
CONSENT AGENDA:
Consent agenda items 1, 3 and 9 were pulled from the consent agenda. Vote taken
on these items can be viewed under Agenda Item 12 — Action Items.
2. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
OPA-LOCKA, FLORIDA, SETTING THE PROPOSED MILLAGE RATE
OF 9.6500 MILLS FOR COMPUTATION OF AD VALOREM TAXES FOR
THE CITY OF OPA-LOCKA, FLORIDA AS REQUIRED BY LAW FOR
THE BUDGET FOR FISCAL YEAR (FY) 2021-2022; ESTABLISHING
THE DATE, TIME AND PLACE FOR THE FIRST HEARING TO
CONSIDER THE PROPOSED MILLAGE RATE AND PROPOSED
BUDGET FOR FY 2021-2022; DIRECTING THE CITY MANAGER TO
FORWARD A COPY OF THIS RESOLUTION TO THE FLORIDA
DEPARTMENT OF REVENUE, PROPERTY TAX OVERSIGHT, TRIM
COMPLIANCE SECTION; 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, AUTHORIZING THE CITY MANAGER TO
ISSUE A REQUEST FOR PROPOSALS (RFP) FOR REMOVAL OF
UNDERGROUND STORAGE TANKS; PROVIDING FOR
INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE
DATE. Sponsored by City Manager
Regular Commission Meeting Minutes — July 28, 2021 14
5. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
OPA-LOCKA, FLORIDA, RATIFYING THE PROPOSAL AND
EXECUTION BY THE CITY MANAGER OF AN AGREEMENT
BETWEEN THE CITY OF OPA-LOCKA AND LEXIPOL, LLC;
AUTHORIZING PAYMENT IN THE AMOUNT OF FIFTY-THREE
THOUSAND NINE HUNDRED SIXTY-TWO DOLLARS AND
THIRTY-FIVE CENTS ($53,962.35); PROVIDING FOR ADOPTION OF
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
Sponsored by City Manager
6. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO
PIGGYBACK AN EXISTING CONTRACT WITH THE CITY OF NORTH
MIAMI FOR SURPLUS AUCTION SERVICES; PROVIDING FOR
INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE
DATE. Sponsored by City Manager
7. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO
PIGGYBACK THE MIAMI DADE COUNTY CONTRACT WITH H&R
PAVING, INC. FOR QUALIFIED PROFESSIONAL SERVICES FOR THE
INSTALLATION OF A NEW SIDEWALK IN THE TOWN CENTER
AREA, IN THE CITY OF OPA-LOCKA, IN AN AMOUNT NOT TO
EXCEED TWO HUNDRED FIFTY-SEVEN THOUSAND TWO HUNDRED
NINE DOLLARS ($257,209); PROVIDING FOR INCORPORATION OF
RECITALS; 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 THE FIRST AMENDMENT TO THE ASSESSMENT AND
EVALUATION PROJECT AGREEMENT FOR CAIRO LANE, NW 127TH
STREET AND ALEXANDRIA DRIVE TO INCREASE THE PROJECT
SCOPE OF WORK, IN AN AMOUNT NOT TO EXCEED TWO
HUNDRED NINETY THOUSAND DOLLARS ($290,000.00); PROVIDING
FOR INCORPORATION OF RECITALS; PROVIDING FOR AN
EFFECTIVE DATE. Sponsored by City Manager
Vote taken on Consent Agenda Items can be viewed under Agenda Item 6 —
Approval of the Consent Agenda.
14. NEW ITEMS:
Regular Commission Meeting Minutes — July 28, 2021 15
There were none.
15. PLANNING & ZONING:
A. PUBLIC HEARINGS:
1. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
OPA-LOCKA, FLORIDA, APPROVING THE FINAL SITE PLAN
REQUEST FOR THE CONSTRUCTION AND OPERATION OF A
RESIDENTIAL MIXED -USE BUILDING LOCATED AT 2050 ALI
BABA AVENUE, IDENTIFIED BY FOLIOS 08-2122-003-2140,
08-2122-003-2150, 08-2122-003-2160; PROVIDING FOR
INCORPORATION OF RECITALS; PROVIDING FOR AN
EFFECTIVE DATE. Sponsored by City Manager Deferred from RCM
07/14/2021
The above resolution was read by Assistant City Attorney Candice Cobb.
Mayor Pigatt asked the Planning & Community Development Department Director
Gregory Gay to introduce Agenda Item 15-A-1.
Planning & Community Development Director Gregory Gay stated that the
development proposed in Agenda Item 15-A-1 would be in the Magnolia North
area, built on a site that is approximately 12,500 square feet. Mr. Gay said that the
Planning and Zoning Board offered their approval of the development with 30 units
and 32 parking spaces, subject to parking modifications. He reported that the
developer made modifications, while keeping the building envelope the same,
going from a standard parking garage configuration to an automated parking facility
with 66 parking spaces and 2 additional handicapped parking spaces, to meet the
minimum requirements for the number of units within the development. He
explained that modifying the plan from a standard parking garage to an automated
parking facility, made it possible to add eight additional units. Mr. Gay informed
the Commission that his department's staff recommends approval of the site plan
as well as the complimentary development agreement item. He said that the
proposed project's development team was available to make a presentation, and to
address any questions or concerns.
Mayor Pigatt opened the Public Hearing for Agenda Item 15-A-1.
Mr. Robert Holland whose office is located at 3250 NE 1st Avenue, Suite #334,
Miami, FL informed the Commission that the team working on the proposed
development is made up of members who have decided to come back as young
Regular Commission Meeting Minutes — July 28, 2021 16
professionals to invest in Opa-locka. Mr. Holland offered assurances that the
comments made by the board at the last meeting were heard, in addition to the
insistence of the City Manager, and he asserted that he hoped everybody would be
comfortable with the development based on what was hammered out. He outlined
the details of the project proposed in Agenda Item 15-A-1, as described in the site
plan and development agreement.
Mr. Eddie Seymour identified himself as the architect of record from Flux
Architects, located at 1160 NW North River Drive, Miami, FL. Mr. Seymour
reviewed the floor plans and renderings provided to the Commission in their agenda
packets for Agenda Item 15-A-1.
Vice Mayor Williams stated that the Commission doesn't often get to see the faces
of developers, and said she appreciated seeing Mr. Robert Holland as the developer
of the project proposed in Agenda Item 15-A-1. The Vice Mayor asked Mr.
Holland if some of the tenants will be able to apply for affordable housing through
a voucher system from Miami -Dade County.
Mr. Robert Holland explained that while any resident in any City could qualify for
Section 8 housing, he said that the aim for the 38 units that would be built in the
development proposed in Agenda Item 15-A-1, is to have young professionals as
tenants who could make it affordable with Miami -Dade County's gap financing.
Vice Mayor Williams asked for an example of the type of business that would be
within the retail space being included in the project being proposed by Agenda Item
15-A-1 and expressed her concern that the business in the retail space would have
to compete with the residents of the property for parking. She added that she
wanted to put on the record that she wants to make sure that the Commission is not
creating future parking issues for the next generation to fix.
Mr. Robert Holland stated that the 500 square foot retail space could be a
convenience store, which he said would not attract major traffic because it would
be for the people from the neighborhood, who would use the store as pedestrians.
He added that after hearing the comments from the Commission about parking, they
added another level to the parking.
Mayor Pigatt asked if the Commission was voting on the development proposed by
Agenda Item 15-A-1, as it was presented in their agenda packet.
Planning & Community Development Director Gregory Gay informed the
Commission that they are voting on the development proposed by Agenda Item 15-
A-1, based on the supplemental plans that were provided at the end of the agenda
Regular Commission Meeting Minutes — July 28, 2021 17
packet. Mr. Gay explained that they were provided what the Planning & Zoning
Board initially approved so that they would have a record of it, as the modifications
were presented.
Mayor Pigatt stated that he loves the project that was presented as a space for young
professionals that is needed, but he noted that what is before the Commission differs
from what was presented. The Mayor recalled that it is the same challenge that was
experienced at the last meeting.
Planning & Community Development Director Gregory Gay explained that the title
for the project was created at the time it was presented before the Planning &
Zoning Board, and that they could not make a modification to the title, but the
information about how the project has evolved, has been provided to the
Commission. Mr. Gay suggested that the Commission can amend the title of the
resolution to reflect the change to 38 units and 68 parking spaces.
Mayor Pigatt asked what percentage of the units included in the development being
proposed by Agenda Item 15-A-1, would be for affordable housing.
Planning & Community Development Director Gregory Gay informed the
Commission that the development being proposed by Agenda Item 15-A-1 is
dedicated to workforce housing, which he said is a new category of housing
recognized by Miami -Dade County and is not viewed as affordable housing.
Mayor Pigatt pointed out that for the development being proposed by Agenda Item
15-A-1 to be built taller than what is permitted by the height restriction, it would
have to be 20% for low-income residents, 50% for senior residents, be a public
space or utilize the City' s Moorish architecture.
Planning & Community Development Director Gregory Gay pointed out that the
architect and team for the development being proposed by Agenda Item 15-A-1,
have tried to replicate Moorish architecture within their designs, to reflect that it is
a building within the Opa-locka community.
Vice Mayor Williams stated that she would like to hear from City Attorney Norris -
Weeks about which way the Commission needs to move, to not keep deferring
Agenda Item 15-A-1.
City Attorney Norris -Weeks offered to craft the language that the Commission is
comfortable with and is also agreed to by the applicant who is requesting approval
for the development being proposed in Agenda Item 15-A-1.
Regular Commission Meeting Minutes — July 28, 2021 18
Commissioner Taylor stated that he is on the same page as Vice Mayor Williams
because the language included in Agenda Item 15-A-1 states one thing, but they are
hearing another, and he said he likes that it was referred to City Attorney Norris -
Weeks, to see what the Commission can do during the meeting.
Planning & Community Development Director Gregory Gay offered to put together
a substitute motion for Agenda Item 15-A-1, which would include the changes in
the number of units and parking spaces.
Mayor Pigatt asked if there was a motion to call a 5 -minute recess.
It was moved by Vice Mayor Williams, seconded by Commissioner Taylor to
recess the meeting for 5 minutes.
There being no discussion, the motion to recess for 5 minutes passed by a 4-0
vote.
Commissioner Burke Not Present
Commissioner Davis Yes
Commissioner Taylor Yes
Vice Mayor Williams Yes
Mayor Pigatt Yes
Mayor Pigatt recessed the Commission Meeting for 5 minutes.
After a 5 -minute recess, Mayor Pigatt called the Commission Meeting back to order
at 10:15 PM.
There being no additional members of the public to address the Commission, Mayor
Pigatt closed the public hearing on Agenda Item 15-A-1.
Community Development Director Gregory Gay informed the Commission that
after a re-evaluation of the City code, it was determined that because of the mixed -
use overlay for the development being proposed by Agenda Item 15-A-1, the height
of the building can be increased to eight stories. Mr. Gay also recommended
modifications to the third whereas within the resolution, to stipulate 38 units, 516
square feet of retail space, 962 square feet of leasing office space, and 68 parking
spaces comprised of 66 automated parking spaces and 2 handicapped parking
spaces.
Mayor Pigatt asked if the development proposed by Agenda Item 15-A-1 complies
with the requirement in the City Code that developments are supposed to have 1.5
parking spaces per 2 -bedroom unit and 2 parking spaces per 3 -bedroom unit.
Regular Commission Meeting Minutes — July 28, 2021 19
Planning & Community Development Director Gregory Gay informed the
Commission that the development proposed by Agenda Item 15-A-1 includes 19
units that are being designed as 2 -bedroom units and an additional 19 units that are
being designed as 3 -bedroom units, and thus it does comply with the requirements
of the City Code.
Commissioner Davis asked what the parking requirements were for the commercial
aspect of the project being proposed by Agenda Item 15-A-1.
Planning & Community Development Director Gregory Gay informed the
Commission that the City's Code stipulates that 1 parking space is required for
every 500 square feet of commercial space, and thus the development being
proposed by Agenda Item 15-A-1, which includes 516 square feet of commercial
space, only requires 1 additional parking space.
Mayor Pigatt asked City Attorney Norris -Weeks to guide him on how to lay out the
motion to make the amendment to Agenda Item 15-A-1.
City Attorney Norris -Weeks informed the Commission that it would be fine to
make a motion accepting the adjustments made to the resolution proposed by
Agenda Item 15-A-1, as put forth by Planning & Community Development
Director Gregory Gay.
It was moved by Commissioner Davis, seconded by Commissioner Taylor to
amend Agenda Item 15-A-1.
There being no discussion, the motion passed by a 4-0 vote.
Commissioner Davis Yes
Commissioner Taylor Yes
Vice Mayor Williams Yes
Commissioner Burke Not Present
Mayor Pigatt Yes
Mayor Pigatt stated that he cannot support agenda items that make last minute
changes and do not have things on point because of a lot of things that have required
a lot of changes in the past. The Mayor expressed that despite his plan to vote "no"
on Agenda Item 15-A-1, he would love to see something like the proposed
development come to Opa-locka.
There being no further discussion on Agenda Item 15-A-1, the resolution passed by
a 3-1 vote.
Regular Commission Meeting Minutes — July 28, 2021 20
Commissioner Taylor Yes
Vice Mayor Williams Yes
Commissioner Burke Not Present
Commissioner Davis Yes
Mayor Pigatt No
2. A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA, APPROVING A
DEVELOPMENT AGREEMENT FOR THE
CONSTRUCTION AND OPERATION OF A RESIDENTIAL
MIXED -USE BUILDING LOCATED AT 2050 ALI BABA
AVENUE, IDENTIFIED BY FOLIOS 08-2122-003-2140,
08-2122-003-2150, AND 08-2122-003-2160; PROVIDING FOR
INCORPORATION OF RECITALS; PROVIDING FOR AN
EFFECTIVE DATE. Sponsored by City Manager Deferred
from RCM 07/14/2021.
The above resolution was read by Assistant City Attorney Candice Cobb.
Mayor Pigatt asked Assistant City Manager George Ellis to introduce Agenda Item
15-A-2.
Assistant City Manager George Ellis asked Planning & Community Development
Department Director Gregory Gay to introduce Agenda Item 15-A-2.
Planning & Community Development Director Gregory Gay stated that Agenda
Item 15-A-2 proposes the development agreement for the Alibaba Apartments
project, whose site plan the Commission previously approved through Agenda Item
15-A-1. Mr. Gay informed the Commission that the development agreement
includes provisions to encourage the developers to employ Opa-locka residents. He
also reported that the Planning & Zoning Board recommends approval.
Mayor Pigatt opened the Public Hearing for Agenda Item 15-A-2.
There being no members of the public to address the Commission, Mayor Pigatt
closed the public hearing on Agenda Item 15-A-2.
Mayor Pigatt asked Community Development Director Gregory Gay to read into
the record, the modified resolution being proposed by Agenda Item 15-A-2.
Community Development Director Gregory Gay recommended that the following
modifications be made to the resolution being proposed by Agenda Item 15-A-2,
Regular Commission Meeting Minutes — July 28, 2021 21
including changing the third whereas to state that the development will be
comprised of 38 residential units, 516 square feet of retail space, 516 square feet of
leasing office space and 68 parking spaces, including 2 handicapped spaces.
Commissioner Davis asked if the development agreement being proposed in
Agenda Item 15-A-2, includes the language that was in the site plan for, which
stipulated the requirement to have the building designed with Moorish architecture
Community Development Director Gregory Gay explained that the development
agreement being proposed in Agenda Item 15-A-2, did not include any stipulations
requiring the building to be designed with Moorish architecture, but he stated that
it can be included.
Mr. Robert Holland stated that the team developing the project being proposed in
Agenda Item 15-A-2, accepted the condition requiring the building to be designed
with Moorish architecture.
Mayor Pigatt asked Community Development Director Gregory Gay to provide the
Commission with the language that was being proposed to amend Agenda Item 15-
A-2.
Community Development Director Gregory Gay recommended that within the
development agreement for the project being proposed by Agenda Item 15-A-2,
that under Item L and the final site plan, a clause should be added stipulating that
the building will be designed with Moorish architecture.
It was moved by Commissioner Davis, seconded by Commissioner Taylor, to
amend Section L of the developer agreement being proposed by Agenda Item 15-
A-2.
There being no discussion, the motion passed by a 4-0 vote.
Commissioner Davis Yes
Commissioner Taylor Yes
Vice Mayor Williams Yes
Commissioner Burke Not Present
Mayor Pigatt Yes
Mayor Pigatt asked if Community Development Director Gregory Gay had to
restate the earlier motion to further amend the developer agreement.
Regular Commission Meeting Minutes — July 28, 2021 22
City Attorney Norris -Weeks informed the Commission that Community
Development Director Gregory Gay put the suggested modifications into the
document, and she offered to make the changes to the resolution.
It was moved by Commissioner Davis, seconded by Commissioner Taylor, to
amend Section 3 of the developer agreement being proposed by Agenda Item 15-
A-2.
There being no discussion, the motion passed by a 4-0 vote.
Commissioner Davis Yes
Commissioner Taylor Yes
Vice Mayor Williams Yes
Commissioner Burke Not Present
Mayor Pigatt Yes
There being no further discussion on Agenda Item 15-A-2, the resolution passed
by a 3-1 vote.
Vice Mayor Williams Yes
Commissioner Burke Not Present
Commissioner Davis Yes
Commissioner Taylor Yes
Mayor Pigatt No
B. APPEALS:
16. ORDINANCES/RESOLUTIONS/PUBLIC HEARINGS:
A. FIRST READING ORDINANCE(S)/PUBLIC HEARING(S):
B. SECOND READING ORDINANCE(S)/PUBLIC HEARING(S):
1. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE A LEASE AGREEMENT WITH SFSE
LLC. TO OCCUPY SPACE AT 780 FISHERMAN STREET;
PROVIDING FOR ADOPTION OF REPRESENTATIONS;
PROVIDING FOR CONFLICT AND REPEALER; PROVIDING
FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S
ERRORS; CONFLICTS OF LAW, SEVERABILITY; AND
Regular Commission Meeting Minutes — July 28, 2021 23
PROVIDING FOR AN EFFECTIVE DATE (first reading/public
hearing held on July 14, 2021). Sponsored by City Manager
The above resolution was read by Assistant City Attorney Candice Cobb.
Mayor Pigatt opened the Public Hearing for Agenda Item 16-B-1.
There being no members of the public to address the Commission, Mayor Pigatt
closed the public hearing on Agenda Item 16-B-1.
It was moved by Commissioner Davis, seconded by Commissioner Taylor, to
discuss Agenda Item 16-B-1.
Mayor Pigatt asked Assistant City Manager George Ellis to introduce Agenda
Item 16-B-1.
Assistant City Manager George Ellis informed the Commission that Agenda Item
16-B-1 is the second reading of an ordinance dealing with the property on
Fisherman Street and the lease agreement with the school that is trying to
purchase more leasing space from the City.
Commissioner Davis recalled that during the first reading of Agenda Item 16-B-1,
most of the discussion was centered around the tax penalty of $160,000 being
imposed on the City for having a for-profit entity operating in the Town Center
One building. The Commissioner expressed his opinion that the balance of the
tax penalty should be addressed before the Commission moves forward with the
agenda item.
Mayor Pigatt stated that he recorded his thoughts on Agenda Item 16-B-1 during
the last Commission Meeting.
There being no further discussion on Agenda Item 16-B-1, the ordinance passed
by a 3-1 vote.
Commissioner Taylor Yes
Vice Mayor Williams Yes
Commissioner Burke Not Present
Commissioner Davis Yes
Mayor Pigatt No
C. RESOLUTION(S)/PUBLIC HEARING:
17. CITY MANAGER'S REPORT:
Regular Commission Meeting Minutes — July 28, 2021 24
Mayor Pigatt asked Assistant City Manager George Ellis to deliver a report to the Commission.
Assistant City Manager George Ellis stated that a report was sent out to all the members of the
City Commission and he offered to receive any questions that they may have.
Mayor Pigatt asked that reports be delivered to the public on the City's four major challenges. The
Mayor shared that the Financial Oversight Board told him that the Commission needs to discuss
the City's finances, and he said that during the City Manager's Report is the time to do so.
Assistant City Manager George Ellis stated that Mayor Pigatt is correct, and he offered assurances
that the Commission will get a report on the City's four major challenges, including finances. Mr.
Ellis added that there will be a Financial Oversight Board Meeting at Sherbondy Village on Friday
at 9:30 AM to discuss the City's financial status and how Opa-locka is looking from the perspective
of the State's representatives. He also shared that on Friday at 1:00 PM, the City will have a shovel
ceremony with the monies that State Representative James Bush was able to secure for the new
Police Department.
18. OFFICIAL BOARD REPORTS:
There were none.
19. FUTURE AGENDA ITEMS:
There were none.
20. MAYOR/COMMISSION REPORTS:
Vice Mayor Williams reported that on August 14th, she and Mayor Pigatt will be hosting a Unity
in the Community event with the NAACP from 10 AM to 12 PM, followed by a book bag and
school supply and uniform voucher giveaway for Opa-locka residents, at the Helen Miller Center
from 12 to 2 PM. The Vice Mayor also shared that the "I Am Opa-locka" flags that have been
placed around the City are an initiative of hers. She said that Opa-lockians embody pride and walk
with confidence daily. Vice Mayor Williams added that the campaign will be a platform from
which the City's residents, employees and businesses will be saluted.
Mayor Pigatt echoed Vice Mayor Williams and shared that he is happy to host the NAACP, which
he said has been hosting Unity in the Community events across Miami -Dade County with other
cities, bringing the public together with the Police Department and elected officials to make sure
that Cities are being responsive to their residents. The Mayor also expressed that he feels it is
good to see the "I Am Opa-locka" flags and the sidewalk repairs moving forward. He stated that
when he first got elected in 2016, he committed to holding the City accountable and offered
assurances that there is nothing personal about anything he does. Recalling that when he got on
the dais, the decorum was completely different, the Mayor committed to continue making sure that
Regular Commission Meeting Minutes — July 28, 2021 25
the dais is very respectful. He stated that his focus is on the hard work that comes to the Mayor's
Office and not on a lot of the events. While applauding his colleagues for organizing events, he
asked for consideration for the items that he brings to the Commission for the people that he
represents and urged that they not be distracted by the personal things that keep coming up.
21. OFFICIAL BOARD APPOINTMENTS:
There were none.
22. ADJOURNMENT:
There being no further business to come before the City Commission, it was moved by
Commissioner Taylor, seconded by Vice Mayor Williams to adjourn the meeting at 10:47 p.m.
Matthew A. Pigatt
Mayor
Attest:
Jo hna Flores, CMC
City Clerk
Regular Commission Meeting Minutes — July 28, 2021 26