HomeMy Public PortalAbout09-September 22, 2021 RCMCITY OF OPA-LOCKA
"The Great City"
CLERK'S ACTION SUMMARY MINUTES
REGULAR COMMISSION MEETING
September 22, 2021
7:00 P.M.
1. CALL TO ORDER:
Mayor Pigatt called the meeting to order at 7:49 p.m. on Wednesday, September 22, 2021
at Sherbondy Village, 215 Perviz Avenue, Opa-locka, Florida.
2. ROLL CALL:
The following members of the City Commission were present: Commissioner Sherelean
Bass, Commissioner Chris Davis, Commissioner John H. Taylor Jr., Vice Mayor Veronica
J. Williams and Mayor Matthew A. Pigatt. Also, in attendance were City Manager John E.
Pate, City Attorney Burnadette Norris -Weeks, Assistant City Attorney Candice Cobb and
City Clerk Joanna Flores.
3. INVOCATION:
The Invocation was delivered by Commissioner Bass.
4. PLEDGE OF ALLEGIANCE:
The Pledge of Allegiance was recited in unison.
5. AWARDS/PROCLAMATIONS/ACKNOWLEDGMENTS:
Mayor Pigatt presented certificates from the Florida League of Cities to Vice Mayor
Williams, Commissioner Davis and Commissioner Taylor.
6. APPROVAL OF CONSENT AGENDA AND PULL LIST (deferrals and deletions):
Commissioner Davis pulled Agenda Items 13-1, 13-5 and 13-6.
City Clerk Joanna Flores noted for the record, that a replacement resolution had been
proposed for Agenda Item 13-1.
It was moved by Commissioner Taylor, seconded by Commissioner Bass to approve the
Consent Agenda (13-2, 13-3, and 13-4).
Regular Commission Meeting Minutes — September 22, 2021 1
The motion to approve the Consent Agenda passed by a 5-0 vote.
Commissioner Taylor Yes
Vice Mayor Williams Yes
Commissioner Bass Yes
Commissioner Davis Yes
Mayor Pigatt Yes
7. APPROVAL OF AGENDA:
Mayor Pigatt stated that it came to his attention that Agenda Item 16-A-1 must pass for the
relevant public hearing items to be moved forward.
Commissioner Davis moved to amend the Agenda to bring up Item 16-A-1 before Planning
& Zoning First Reading Ordinances, and the motion was seconded by Commissioner
Taylor.
There being no discussion, the motion to amend the Agenda passed by a 5-0 vote.
Vice Mayor Williams Yes
Commissioner Bass Yes
Commissioner Davis Yes
Commissioner Taylor Yes
Mayor Pigatt Yes
It was moved by Commissioner Bass, seconded by Vice Mayor Williams to approve the
Agenda.
There being no discussion, the motion to approve the Agenda passed by a 5-0 vote.
Commissioner Bass Yes
Commissioner Davis Yes
Commissioner Taylor Yes
Vice Mayor Williams Yes
Mayor Pigatt Yes
8. APPROVAL OF MINUTES:
Regular Commission Meeting Minutes — 09/08/2021
It was moved by Commissioner Taylor, seconded by Commissioner Davis to approve the
minutes of the Regular Commission Meeting on September 8, 2021.
Regular Commission Meeting Minutes — September 22, 2021 2
There being no discussion, the motion to approve the minutes passed by a 5-0 vote.
Commissioner Davis Yes
Commissioner Taylor Yes
Vice Mayor Williams Yes
Commissioner Bass 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)
City Clerk Joanna Flores announced the protocol for public participation at City
Commission meetings.
Mayor Pigatt opened the Citizens' Forum.
Retired Police Chief Cheryl Cason of 781 Curtiss Drive stated that the Florida Department
of Law Enforcement investigates criminal activity when they suspect that something is
going on, and she said that they are investigating the City of Opa-locka' s Police
Department. She expressed her respect for Police Chief Barreira, urged the Mayor and
members of the Commission to take care of the City and offered her help.
Ms. Chris Roberts of 540 Sharar Avenue informed the Commission that she had a meeting
with Parks & Recreation Director Delven Patterson and Assistant City Manager George
Ellis, about the homecoming for the kids of Opa-locka, and she said that she felt
disrespected during the meeting. She added that transparency and respect is needed.
Mayor Pigatt asked the members of the public to refrain from mentioning specific names
in their comments, and to address their statements to the Commission as a whole.
Ms. Dorothy Johnson of 13724 NW 22nd Place urged the Commission to move forward
with the City Charter Committee, because she said that if there is going to be a referendum
next year, she reminded them that it takes time. Ms. Johnson urged the Commission to
review the Citizens Bill of Rights because some of the things in there are not being done
by the Commission, and she said that among them is passing most legislation with what
Regular Commission Meeting Minutes — September 22, 2021 3
she characterized as limits on citizen input. She also said that she found the City Ordinance
that was approved by the Commission on April 8, 2020 concerning the City's procurement
code which included the City Manager's authorization, and Ms. Johnson said that the only
way to change that is to change the City's Charter. Noting that the Commission has
deferred agenda items numerous times, she said that when the conversations on deferred
items continue, it is not good especially for legal sufficiency. Ms. Johnson also suggested
that the Commission specify how many days trash needs to be picked up, in the bus bench
contract. She also recommended that all the advisory boards should have goals and
objectives, which she does not see.
Sergeant Lawrence Holborow of the Opa-locka Police Department said that he hasn't
addressed the Commission in about 11 '/2 years and has been a Police Officer in Opa-locka
for 13 %2 years in addition to being a union representative for years. Officer Holborow
assured the Commission that if he ever has anything to say, he will put it in writing and
sign it. He noted that someone sent an anonymous email in which his name was spelled
wrong, and the email also said that there were some issues. Officer Holborow stated that
there was no issue and that his rebuttal email was self-explanatory, and he just wanted to
put it on record.
Ms. Aisha Gonzalez who identified herself as an 18 -year -old owner of the business at 709
Opa-locka Boulevard, said that she is the daughter of Ms. Maribel Gonzalez who she read
a written statement for because she does not speak English. Ms. Gonzalez shared that she
is part of a group of residents that are concerned about the Opa-locka Police Department,
stating that she doesn't understand how the City Manager can promote to the rank of
Captain, somebody who she said was fired from 3 Police Agencies, was responsible for 4
deaths, was televised on TV dragging a mentally ill man down the stairs with his head
hitting every step, tased and injured a Sergeant that has worked in the community for 15
years, in addition to having complaints filed against him for reckless driving, mistreatment
and bullying, and not coming quickly enough when emergencies happen. She stated that
it is time the City takes action to address these problems with the Opa-locka Police
Department that have become a very serious issue to everyone living in the community,
and she added that more Officers are needed that will care about the community, urging
the Commission to hear her and the community on this issue.
There being no additional persons to address the Commission, the public input portion of
Citizen's Forum was closed.
Mayor Pigatt opened the floor for any comments from the Commission about the items
addressed by the members of the public.
Commissioner Taylor assured Ms. Dorothy Johnson as the sponsor of the Charter Review
Committee, that it is being worked on and she will see it shortly.
Regular Commission Meeting Minutes — September 22, 2021 4
Commissioner Davis addressed the concerns that were expressed about the Police
Department, and he said conversations about policy are part of the collective bargaining
process. The Commissioner offered assurances that those conversations are looking at
ways to improve the Police Department's interaction with the community. He
acknowledged that there have been challenges over the years, and he said that it is a
continual work in progress. Expressing appreciation for the feedback, Commissioner
Davis said that it helps the Commission craft what the community would like to see from
the Police.
Commissioner Bass thanked all who stood in front of the Commission to voice their
concerns, and she let them know that they have been heard. The Commissioner said that
while the Commission may not be able to rectify what those who speak before them are
dealing with at that moment, she assured them that they are doing their part to make sure
that everyone in Opa-locka is doing well. She also thanked Ms. Dottie Johnson for always
stepping up and reminding the Commission to go back to the past to see what they have
missed or where they don't want to go again.
Mayor Pigatt echoed the words of Commissioner Bass and his colleagues and thanked
those who took advantage of the time during the Citizens Forum to bring their concerns to
the Commission. The Mayor shouted out Ms. Maribel Gonzalez for standing up and
addressing the Commission, remembering his first time doing it. He urged her to continue
speaking out on things that she cares for and said that the Commission looks forward to
her leadership in the community.
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, REJECTING ALL BIDS RECEIVED IN
CONNECTION WITH RFP NO. 21- 0824100 AND FURTHER
AUTHORIZING THE CITY MANAGER TO RE -ADVERTISE AND ISSUE
A REQUEST FOR PROPOSALS FOR QUALIFIED FIRMS FOR BUS
BENCHES / SHELTERS AND TRASH RECEPTACLE ADVERTISING
AND MAINTENANCE SERVICES OR IN THE ALTERNATIVE
AUTHORIZE THE CITY MANAGER TO RECOMMEND SELECTION OF
A QUALIFIED COMPANY; 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.
It was moved by Commissioner Davis, seconded by Commissioner Taylor for discussion.
Regular Commission Meeting Minutes — September 22, 2021 5
Mayor Pigatt asked City Manager Pate to introduce Agenda Item 12-1.
City Manager Pate informed the Commission that the resolution proposed in Agenda Item
12-1, would reject the only bid that was received for the request for proposals for the City's
bus benches. The Manager reminded the Commission that they had asked that a request
for proposals process be used despite Florida State Statutes specifically exempting bus
benches from the request for proposals process. He reported that over $5,000 was spent
on advertisement and recommended that the only bid that was submitted be rejected.
Additionally, he proposed that a committee bring a recommendation to the Commission
after they interview the individuals who provide bus bench services to nearby communities.
Commissioner Davis stated that he pulled Agenda Item 12-1 because it is a substitute item,
and he said that because it is not a complicated procurement issue, he would be in favor of
having City Manager Pate select a group that would come before the Commission for
approval.
Commissioner Taylor said that he agrees with his colleagues and added that he doesn't
think another request for proposals process is necessary for the City's bus benches, pointing
out that the City didn't get a lot from the request for proposals process that was already
done. The Commissioner stated that he is in favor of having City Manager Pate pick the
service that would provide the City's bus benches, and then having the Commission go
from there.
Vice Mayor Williams also indicated her support for not having another request for
proposals process for the City's bus benches.
Mayor Pigatt said that the City's bus benches are something that the Commission has been
talking about for over a year, and he recalled that the last time they talked about it, a
company was presented to them that couldn't perform the duties based upon legal issues
in addition to the advertising dollars being substantially lower than other cities. The Mayor
asked why the requests for proposals continue to not get the level of engagement that
requests for proposals have had in the past. He asserted his support for the City's bus
benches going through a request for proposals process, so that Opa-locka can get the best
service at the best price.
City Manager Pate stated that typically multiple individuals show up at pre -bid meetings
to obtain information about a request for proposals, at which time they are provided a
deadline. The Manager said that he thinks Opa-locka' s financial reputation and being in
a financial emergency, is a discouraging factor. He also informed the Commission that he
has received feedback from vendors asking why the City is going through a request for
proposals process when it's not required. Mr. Pate offered to take ownership of the
situation, noting that it has been an ongoing issue since he began serving as City Manager,
Regular Commission Meeting Minutes — September 22, 2021 6
and he said he would go see who nearby communities use for their bus benches and solicit
them to put in a bid offer. He also suggested that the appropriate recommendations could
be presented to the Commission, or the bus bench companies could present directly to the
Commission, to make the process transparent. Manager Pate said that while various factors
affect the request for proposals process, there have been situations where they have been
very successful.
There being no additional discussion, the resolution proposed by Agenda Item 12-1
passed by a 4-1 vote.
Commissioner Taylor Yes
Vice Mayor Williams Yes
Commissioner Bass Yes
Commissioner Davis Yes
Mayor Pigatt No
2. [13-5] A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
OPA-LOCKA, FLORIDA, RATIFYING FMLA LEAVE FOR JOHN PATE,
CITY MANAGER; PROVIDING FOR INCORPORATION OF RECITALS;
PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Attorney
The above resolution was read by Assistant City Attorney Candice Cobb.
It was moved by Commissioner Taylor to discuss the resolution proposed by Agenda Item
12-2, and the motion was seconded by Commissioner Davis.
Mayor Pigatt asked City Attorney Burnadette Norris -Weeks to introduce Agenda Item 12-
2.
City Attorney Norris -Weeks reminded the Commission that Agenda Item 12-2 was brought
before them at their last meeting and that they wanted to see it come back before them with
more detail and backup documentation. The City Attorney said that she was requesting
the Commission's approval of the resolution, which proposes the ratification of the leave
taken under the Family Medical Leave Act by City Manager Pate, which was approved in
January by Human Resource Department Director Kierra Ward. She informed the
Commission that her recommendation has nothing to do with whether the hours are
accurate, and simply approves the leave taken under the Family Medical Leave Act that
was previously approved pursuant to the City's current policy. Ms. Norris -Weeks said that
Mr. Pate can answer any questions that the Commission has, but she asked that they not
discuss his specific medical conditions and that they stick to the issues that are outlined in
the resolution.
Regular Commission Meeting Minutes — September 22, 2021 7
City Manager Pate stated that for the next 2 Agenda Items, his legal counsel was there to
speak on his behalf if there are any questions of the Manager regarding the items.
City Attorney Norris -Weeks stated that she has been going back and forth with City
Manager Pate's Attorney, and that if the Mayor approves, it is fine to have Mr. Pate's
attorney speak, but if the Mayor doesn't feel it's appropriate, that's fine too.
Mayor Pigatt stated that he would like to hear from City Manager Pate's attorney.
Mr. Richard Tuschman introduced himself as a labor and employment attorney, practicing
law in South Florida since 1991, who is representing City Manager Pate. Mr. Tuschman
stated that he is available to answer any questions the Commission might have about Mr.
Pate's request for leave under the Family Medical Leave Act in addition to his request for
reasonable accommodations under the Americans with Disabilities Act.
City Attorney Norris -Weeks pointed out that the Commission is currently just considering
the resolution proposing the ratification of City Manager Pate's leave taken under the
Family Medical Leave Act.
Commissioner Bass asked City Attorney Norris -Weeks to direct her if she went out of line.
She said that before the Commission votes on the resolution proposed by Agenda Item 12-
2, that she doesn't want to know any of City Manager Pate's personal health business, but
she asked if there is any documentation from his physician saying this is necessary.
Mr. Richard Tuschman informed the Commission that he believed the request was made
back in January and when it was made, pursuant to the City's policy and in accordance
with the Family Medical Leave Act, the City obtained medical certification from City
Manager Pate's physician, outlining the recommendation for intermittent leave on an as
needed basis when Mr. Pate's condition flared -up.
Mayor Pigatt asked when the request for leave under the Family Medical Leave Act was
brought to the attention of City Manager Pate's supervisors.
City Manager Pate stated that his medical information was submitted to the Human
Resources Department for processing and approval pursuant to the City's policy, adding
that he notified the Commission in a correspondence, having assumed that they had
knowledge of it, which he said he found out they did not.
Mr. Richard Tuschman informed the Commission that he thinks since about May, he has
been going back and forth with City Attorney Norris -Weeks to provide the information
that she believed was necessary to substantiate the need for the leave taken under the
Family Medical Leave Act, based on the fact that it was brought to City Manager Pate's
attention that the Commission felt the issue needed attention.
Regular Commission Meeting Minutes — September 22, 2021 8
Mayor Pigatt asked if it is within Family Medical Leave Act policy that supervisors are not
made aware of an employee taking leave.
Mr. Richard Tuschman said that he doesn't think the Family Medical Leave Act regulations
mandates any particular policy in the context of a City Commission, and he added that he
thinks it's really a matter of whatever the City's policy is.
City Attorney Norris -Weeks informed the Commission that the City's Family Medical
Leave Act policies don't address the City Manager. The Attorney also corrected City
Manager Pate's council, stating that he wasn't giving her information for her to decide, and
that she simply suggested that this would come to the Commission and that some of the
members of the board had concerns. She explained that the idea was to give them as much
information that they were requesting so that they have what she has, including how the
leave hours were kept and how much leave had been taken to date. Asserting that the
granting of leave under the Family Medical Leave Act is standard, and because there is no
specific policy with respect to the City Manager, she urged the Commission to air on the
side of being very cautious and make sure they are not violating his rights.
Mayor Pigatt asked if Human Resource Department Director Kierra Ward was available to
speak about approval of City Manager Pate's leave under the Family Medical Leave Act.
City Manager Pate stated that Ms. Ward was not available to speak before the Commission.
Mayor Pigatt said that he found the fact that Human Resource Department Director Kierra
Ward was not available to speak before the Commission, interesting. The Mayor asked
City Manager Pate how the letter from Human Resource Director Kierra Ward approving
his leave under the Family Medical Leave Act, was transmitted to him on January 28th.
City Manager Pate stated that the letter from Human Resource Department Director Kierra
Ward, approving his leave under the Family Medical Leave Act, was handed to him in
person despite his request for it to be emailed, which he said was sent with his medical
information and is dated with a timestamp.
Mayor Pigatt asked for help understanding the laws around the Family Medical Leave Act,
inquiring about whether it is paid leave.
Mr. Richard Tuschman stated that the Family Medical Leave Act does not mandate that
when leave is taken, it must be paid, but he said it can be.
Mayor Pigatt asked what the City's policy was about paying for leave taken under the
Family Medical Leave Act.
Regular Commission Meeting Minutes — September 22, 2021 9
City Attorney Norris -Weeks informed the Commission that City Manager Pate's Family
Medical Leave Act leave is taken as needed, and thus he may not be out for an entire day
and may utilize only half a day. The City Attorney stated that generally speaking for the
City, Family Medical Leave Act leave is unpaid.
City Manager Pate stated that the statement from City Attorney Norris -Weeks regarding
the City's policy on Family Medical Leave Act leave being unpaid, is untrue.
City Attorney Norris -Weeks said she didn't want to split hairs, but she clarified that the
City of Opa-locka requires the usage of sick leave first and then vacation leave is used.
Mr. Richard Tuschman stated that the Family Medical Leave Act is explicit that an
employer can allow an employee to use accrued vacation or sick time concurrently with
the leave taken under the Family Medical Leave Act, so that at least initially, the leave is
paid and once the employee exhausts the paid time off, the leave can be unpaid.
Vice Mayor Williams asked who approved the supporting documents that were included
in the Commission's Agenda Packet, because she noted that the documents did not include
the email, she sent on June 16th making a public records request for information on the
Family Medical Leave Act.
City Attorney Norris -Weeks reviewed the supporting documents that were provided to the
Commission.
Vice Mayor Williams said the response she received to her email requesting documentation
on the Family Medical Leave Act, came from Human Resource Director Kierra Ward and
stated that due to the Health Insurance Portability and Accountability Act, she was unable
to provide medical documentation for employees and deferred to the office of City
Attorney Norris -Weeks. The Vice Mayor asked if the Family Medical Leave Act leave
had already been approved when her email was sent, why the Human Resource Director
didn't just reply that it was approved.
City Manager Pate stated that a series of emails were sent today to the Commission with
all the emails that Mayor Pigatt had requested regarding the terms of the leave taken under
the Family Medical Leave Act. The Manager assured the Commission that there was no
intentional omission of any item that is not in the Agenda Packet. Mr. Pate informed the
Commission that he and Assistant City Manager Ellis had a private meeting with Vice
Mayor Williams regarding her concerns about the Family Medical Leave Act situation, and
he said that he told her that he didn't have a problem with her seeing his medical
certification if things were whited out. He assured the Vice Mayor that there was no
conspiracy theory, and he pointed out that due to the pandemic, he was working from home
from January until June. Mr. Pate asserted that he didn't think the theatrics over this
Regular Commission Meeting Minutes — September 22, 2021 10
sensitive item were necessary, considering that this week he had conversations regarding
the Family Medical Leave Act with each of the members of the Commission except Mayor
Pigatt.
Commissioner Taylor called the question because he said that questioning the City
Manager about his sick leave is not right. The Commissioner asserted that all the members
of the Commission have jobs and wouldn't like it if their boss questioned them if they
asked for sick leave. He added that they are there to support the citizens of Opa-locka.
Commissioner Taylor made a motion to end the discussion and vote on the item, and the
motion was seconded by Commissioner Davis.
There being no discussion, the resolution failed to receive support of 2/3 of the
Commission, with a 3-2 vote.
Commissioner Bass Yes
Commissioner Davis Yes
Commissioner Taylor Yes
Vice Mayor Williams No
Mayor Pigatt No
Mayor Pigatt noted that the motion to end the discussion on Agenda Item 12-2 had failed
to receive the support of 2/3 of the Commission.
City Attorney Norris -Weeks confirmed that a motion to end debate on an agenda item,
requires a vote of 2A of the Commission.
Mayor Pigatt stated that the Commission has a duty to be transparent and accountable, and
he thinks that they also deserve transparency and accountability from City Manager Pate,
because without accountability things can become a liability. The Mayor said that the
Commission was first made aware of the leave taken under the Family Medical Leave Act
through an April 23rd email, which was sent after he called for City Manager Pate's
termination. Mayor Pigatt said that he had to do a public records request for an accounting
of the Manager's time, to find out why the Manager was not showing up. He said that
while he is going to vote in support of ratifying Mr. Pate's leave taken under the Family
Medical Leave Act, he thinks that this has not been transparent and has limited the
Commission's ability to hold people accountable. The Mayor lamented that the
Commission received very little guidance about how to deal with the situation until it
became a problem and attorneys got involved, and he added that he wants to make sure
that the Human Resources Department is doing their duty of keeping the records as stated
in the Family Medical Leave Act. He concluded by stating that as Mayor, he is going to
make sure that the City's government is transparent and accountable.
Regular Commission Meeting Minutes — September 22, 2021 11
Commissioner Davis stated that the Family Medical Leave Act and the Americans with
Disabilities Act are not the laws you want to attack, based on his experience having taken
classes on employment law. The Commissioner said that nobody has been as loud about
policies and procedures as he and Mayor Pigatt have been for the time period they have
been elected, but he thinks that residents would much rather them debate more pressing
issues within the City. Acknowledging the concerns about transparency, Commissioner
Davis suggested that there needs to be a transparent process going forward, but he asserted
that the recommendation put forth by City Attorney Norris -Weeks can't get any clearer.
Vice Mayor Williams stated that she wanted to put on the record that her email which she
mentioned last meeting was not placed in the Agenda Packet provided to the Commission,
and she assured City Manager Pate that she would not have gotten to her level if she didn't
know the laws pertaining to the Family Medical Leave Act and the Americans with
Disabilities Act. The Vice Mayor said that she understands some are campaigning, but her
point was that she asked a question at the last meeting and the email was not placed in the
packet. She concluded by making a motion to call the vote.
City Attorney Norris -Weeks stated she wanted to reiterate what she said at the last meeting,
and she urged the Commission to make sure they are in compliance with the recordkeeping
requirements of 29 CFR 825.500, which she said she doesn't know is happening right now.
Attorney Norris -Weeks added that the City needs a process to deal with these issues, so
that they are compliant with the law.
Mayor Pigatt thanked City Attorney Norris -Weeks for letting the Commission know they
must do this instead of just sweeping it under the rug.
There being no additional discussion, the resolution passed by a 5-0 vote.
Vice Mayor Williams Yes
Commissioner Bass Yes
Commissioner Davis Yes
Commissioner Taylor Yes
Mayor Pigatt Yes
3. [13-6] A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
OPA-LOCKA, FLORIDA, APPROVING/DENYING AN ADA
REASONABLE ACCOMMODATION REQUEST FROM JOHN PATE,
CITY MANAGER; PROVIDING FOR INCORPORATION OF RECITALS;
PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Attorney
The above resolution was read by Assistant City Attorney Candice Cobb.
Regular Commission Meeting Minutes — September 22, 2021 12
It was moved by Commissioner Davis, seconded by Commissioner Taylor for discussion.
Mayor Pigatt asked City Attorney Burnadette Norris -Weeks to introduce Agenda Item 12-
3.
City Attorney Norris -Weeks explained that the approval of Family Medical Leave Act
allows City Manager Pate to not work at all while on that leave, whereas the Americans
with Disabilities Act would allow him to work from home when he is able and not take the
leave under the Family Medical Leave Act which is limited to 12 weeks per year. The City
Attorney stated that Mr. Pate emailed a request to them on August 3rd, requesting
reasonable accommodation related to an upcoming medical procedure that had been
scheduled for August and has been rescheduled to December. She said that the City
Manager is requesting to work from home for approximately 14 days to recover after that
anticipated procedure, adding that he can tell them the exact dates. Additionally, the City
Attorney informed the Commission that Mr. Pate's attorney, also sent an email asking that
he be permitted to work from home on an indefinite basis when he is unable to work in the
office due to flare-ups of his condition. City Attorney Norris -Weeks informed the
Commission that they can either approve or deny the accommodation and that a denial can
be based on the accommodation imposing an undue hardship on operations or finances.
The City Attorney reviewed the provisions of the Americans with Disabilities Act and
encouraged the Commission to have some discussion about the resolution proposed in
Agenda Item 12-3, before they decide.
Commissioner Davis asked if the Americans with Disabilities Act leave includes paid
compensation.
City Attorney Norris -Weeks stated that the Americans with Disabilities Act does not
require that an employer provide paid leave beyond whatever other leave policy is in place,
and she informed the Commission that they can consider it as a reason they may not
approve the Americans with Disabilities Act accommodation.
Mr. Richard Tuschman stated that the request for an Americans with Disabilities Act
accommodation is not a request for leave. He said that it is a request for City Manager
Pate to be able to work from home when he would otherwise be on leave because of a flare-
up of his medical condition. Mr. Tuschman said that Mr. Pate wants the ability to work
remotely as he's been doing during the pandemic, and he added that he thought Mr. Pate
was doing so effectively.
Commissioner Davis stated that he is fully aware of the accommodations process as a
special education teacher, and he said that he couldn't imagine any qualified person
requesting an accommodation, not being afforded that opportunity.
Regular Commission Meeting Minutes — September 22, 2021 13
Mr. Richard Tuschman stated that City Manager Pate is not asking for his request for
reasonable accommodation to extend indefinitely into the future, and that the request would
be for the period of time that he's eligible for intermittent leave under the Family Medical
Leave Act. Mr. Tuschman added that the City has the right to ask Mr. Pate to recertify his
need for leave under the Family Medical Leave Act, at appropriate intervals and if his
physician determines he's no longer qualified, the City could deny the leave and
accommodation.
Mayor Pigatt asked what the period was for City Manager Pate's leave under the Family
Medical Leave Act.
City Manager Pate explained that his intermittent leave under the Family Medical Leave
Act was approved in January and that typically recertification is done every calendar year
unless the employer requests recertification sooner. The Manager said he hopes the City
will have a policy in place by January, in time for the recertification. He also said that he
has worked on days when he has been sick as well as when he has been on vacation but
told the Commission that if his requested accommodation under the Americans with
Disabilities Act is not approved and he is on leave under the Family Medical Leave Act,
he can't work. Mr. Pate asserted that he just wants to still be a productive employee of the
City.
City Attorney Norris -Weeks clarified for the record that her office has been asking for
information, having talked to City Manager Pate and his attorney, and she assured the
Commission that nothing has been held back.
Mayor Pigatt thanked City Attorney Norris -Weeks, and he stated that the biggest issue has
been being transparent about what is going on. The Mayor said that the City Manager is
the CEO of the City and the leader of all the City's employees, and thus it is very important
for the Manager to be present. He said that he is all for approving the accommodations
after City Manager Pate's medical procedure and he said he has always told Mr. Pate that
he is also completely in support of not working when on personal time, no matter whether
it is sick leave or vacation. Mayor Pigatt asked if the Commission will be notified each
time City Manager Pate will work from home during a flare-up.
City Manager Pate stated that as demonstrated by the emails that the Commission received,
90% of the time he worked from home, if not all the time, he sent an email saying he would
be working from home.
Mayor Pigatt stated that it was not true.
City Manager Pate encouraged the Commission to let him know if they have any
information on the emails about him working from home. The City Manager also said that
Regular Commission Meeting Minutes — September 22, 2021 14
somebody on the dais told him to stop sending emails saying he was working from home,
because he is the executive of the City and as long as he is working and being productive,
that should be all that matters. He stated that there needs to be policy, because there is no
clear way for him to take time off work. Mr. Pate offered assurances that there is no
trickery tied to this, and he stated that if the Commission wants him to send emails stating
every day that he is working from home, or provide a calendar, he can give them that but
needs a consensus from them.
Commissioner Bass asked City Attorney Norris -Weeks to correct her if she's going the
wrong way, and she asked City Manager Pate, based on past experiences of his situation,
how many days a week he thinks that it is a possibility that he will be able to be in the
office.
City Manager Pate stated that based on experience, he thinks he will be able to be in the
office 2 to 3 days a week, but mostly 3 days a week. The City Manager also said in other
cities, attendance with city managers is a complicated issue because they work for multiple
people. He added that the policy in some cities has leave requests sent to a specific
Commissioner, while others leave it to the Human Resources Department to monitor. Mr.
Pate expressed his feeling that it is very stressful when people make allegations about you
and say you're doing things wrong, and you don't know whose guidance to take.
Mayor Pigatt asked if City Manager Pate was stating that he may have a flare-up of his
medical condition 2 to 3 days a week. The Mayor also asked for clarification on whether
the City Manager had been out of the office 2 to 3 days a week for the whole year.
Additionally, he asked Mr. Pate what times defined a full day of work for him on the days
he was in the office.
City Manager Pate clarified that he may be in the office 2 to 3 days a week, but he added
that there may be weeks when he has a perfect week, and he is in the office the whole week.
The City Manager reminded the Commission that the City was in pandemic mode until
June, and that since then he has been in the office at least 2 days each week. He added that
there is no definition in his contract for a full day of executive work, but he offered
assurances that he works a significant amount of time and has meetings outside of the
office, which are shown on his calendar.
Mayor Pigatt asked what the will of the Commission was, stating that he recommends the
approval of City Manager Pate's request for reasonable accommodation after his medical
procedure, but that he thinks it is important that the Manager takes time off during the flare-
ups of his medical condition.
City Manager Pate stated that if he takes leave based on the Family Medical Leave Act, he
won't be available on his phone and will not be checking emails for 2 - 3 days a week,
Regular Commission Meeting Minutes — September 22, 2021 15
which he warned will lead to inefficiencies in the City. The City Manager asserted that he
doesn't want to put the City in the position where he is not available.
Mayor Pigatt stated that he would much rather that the City Manager take his time to get
healthy and noted that's what the Assistant City Manager and all the Directors are for. The
Mayor said that there have been a lot of inefficiencies including reports that have not been
provided, items being all over the place at Commission meetings, and things have not been
operating as optimally as in other cities. He stressed the importance, noting that the
Commission must go through the City Manager's Office for everything because he is
responsible for everything.
Mr. Richard Tuschman stated that he envisions the problems laid out by Mayor Pigatt are
going to be exacerbated, because if they deny City Manager Pate's request to work from
home and force him to take leave based on the Family Medical Leave Act, it means he's
not working and the lack of responsiveness that the Mayor alluded to is just going to get
worse. Mr. Tuschman shared his concern that he fears that the Commission will grow
increasingly frustrated with Mr. Pate and will hold his being on leave based on the Family
Medical Leave Act against Mr. Pate, and he said that they're not allowed to.
City Attorney Norris -Weeks reminded Mr. Richard Tushman that he is there to speak for
City Manager Pate, and has done that, but that at this point he is crossing a line and asked
him to refrain from giving her client legal advice.
Mayor Pigatt pointed out to his colleagues on the Commission that they must vote on
Agenda Item 12-3.
Commissioner Taylor indicated his support for voting on Agenda Item 12-3.
Mayor Pigatt also pointed out that Agenda Item 12-3 includes two different items,
including City Manager Pate's request for reasonable accommodation for the 14 days after
his medical procedure in addition to the request to take time whenever there is a flare-up
of the Manager's medical condition, which he said would be completely in the Manager's
decision -making authority. The Mayor asked City Attorney Norris -Weeks if he was
correct.
City Attorney Norris -Weeks confirmed that Mayor Pigatt's representation of the resolution
proposed by Agenda Item 12-3, is correct.
Commissioner Davis agreed with Mayor Pigatt and stated that he believes the Commission
should grant City Manager Pate's reasonable accommodation for the 14 days after his
medical procedure in December, provided that it's supported by a physician's opinion, but
he said that having the option to work from home long term is a bit too open-ended. The
Regular Commission Meeting Minutes — September 22, 2021 16
Commissioner suggested that he and his colleagues could create legislation that speaks to
when the City Manager requests discretion or longer periods of time to work from home.
City Attorney Norris -Weeks stated that City Manager Pate already has a doctor's note that
was attached to the leave request under the Family Medical Leave Act, which she believes
could be used for his request for reasonable accommodation under the Americans with
Disabilities Act, but she said that the Commission could ask for additional information.
The City Attorney said that she's not sure what Commissioner Davis was referring to when
he suggested that additional legislation could be proposed, and she stated that the resolution
proposed by Agenda Item 12-3 is the Commission's opportunity. She added that she does
think that something is necessary for the leave based on the Family Medical Leave Act and
offered to do research and get back to the Commission.
Commissioner Davis acknowledged the concern of his colleagues regarding being aware
when the City Manager is taking his time. The Commissioner said that nobody's
supervisor approves leave under the Family Medical Leave Act, and that it is always done
independently by the Human Resources Department. The Commissioner stated that he
doesn't think that a resolution that addresses specifically City Manager Pate's situation, is
sustainable long term and he recommended that policy be defined in the City's leave policy,
Family Medical Leave Act policy or the City Charter review.
Mayor Pigatt offered assurances that during the Future Agenda Items portion of the
meeting, he is going to propose that policies be developed for leave under the Americans
with Disabilities Act and the Family Medical Leave Act.
Vice Mayor Williams asked if it was possible to include an addendum in Agenda Item 12-
3 to include an end date for City Manager Pate's request for reasonable accommodation
leave, because she said that to her it is so open-ended that it could go on for years.
Mr. Richard Tuschman stated that the request for City Manager Pate to work from home,
is coupled with his right to take leave under the Family Medical Leave Act. Mr. Tuschman
said that he imagines the Commission can set up a process whereby Mr. Pate notifies the
Commission that he is working from home or taking leave under the Family Medical Leave
Act. He added that the request would only be in effect so long as Manager Pate is eligible
for leave under the Family Medical Leave Act, as long as he has the medical condition,
which can be evaluated periodically by the Commission, and they can request
recertification.
City Manager Pate pointed out that the City's policy requires that leave under the Family
Medical Leave Act must be recertified every year, and because he applied for it in January,
it would have to be recertified in January as well.
Regular Commission Meeting Minutes — September 22, 2021 17
City Attorney Norris -Weeks informed the Commission that this will be before them again
in January when City Manager Pate's time will start all over again for a year, up to the 12
weeks of leave. The City Attorney stated that the Commission is not going to be able to
require that Mr. Pate provide a specific number of months for his leave after a certain date.
Mayor Pigatt stated his understanding that if the Commission approves the resolution
proposed in Agenda Item 12-3, that leave can be taken indefinitely.
Commissioner Bass stated that the Commission must do what's right and what's right to
some of them is not right to the others. The Commissioner asked City Manager Pate, if it
would be possible to put in writing that he will be in the office 2 to 3 days a week.
City Manager Pate stated that he can't guarantee that he will be in the office 2 to 3 days a
week, based on the flare-ups of his medical condition, but he said that he didn't have a
problem stating that he can attempt to the be in the office 2 to 3 days a week in addition to
drafting a process and giving it to the City Attorney.
City Attorney Norris -Weeks stated that City Manager Pate is not going to be able to give
the Commission the assurance that he will be in the office 2 to 3 days a week, pointing out
that the whole point of this leave is that he will be in the office when he can.
City Manager Pate informed the Commission that the paperwork for his leave under the
Family Medical Leave Act already addresses the flare-ups of his medical condition 2 to 3
times a week. Because the Americans with Disabilities Act reasonable accommodation
runs concurrently with the leave under the Family Medical Leave Act, he assured the
Commission that he can't say he is working from home 5 days a week or for 2 weeks in a
row, and if he did, he would have to go on leave under the Family Medical Leave Act.
Recalling having spoken with Commissioner Davis, the City Manager suggested putting
in language about the concurrence with the leave under the Family Medical Leave Act, the
date of approval and the January recertification by a doctor which would have to come
before the Commission. City Manager Pate said that he didn't know how his attorney feels,
but his position is that he wants to be as detailed and transparent as possible.
Mayor Pigatt noted that he and Commissioner Davis have said they support approving City
Manager Pate's reasonable accommodation request for the 15 days in December after his
medical procedure, but not his request for a reasonable accommodation for him to work
from home.
Commissioner Taylor stated that he is good with approving the resolution in Agenda Item
12-3 because he would never deny anybody an Americans with Disabilities Act
accommodation or leave under the Family Medical Leave Act or question their sickness.
Noting that it restarts in January, he said that the Commission will revisit it at that time.
Regular Commission Meeting Minutes — September 22, 2021 18
Commissioner Davis stated that it is partly true that he is not in favor of approving City
Manager Pate's request for reasonable accommodation under the Americans with
Disabilities Act to work from home, clarifying that he is just opposed to the open-ended
nature of the proposal.
Commissioner Taylor said that he does not understand why Mayor Pigatt is not just asking
for the vote on Agenda Item 12-3 or offering a friendly amendment if he doesn't agree with
the verbiage.
Mayor Pigatt explained that the Commission cannot just approve Agenda Item 12-3
because the proposed resolution states that the Commission approves / denies the request
for reasonable accommodation under the Americans with Disabilities Act.
Vice Mayor Williams stated that she will vote to approve City Manager Pate's request for
reasonable accommodation under the Americans with Disabilities Act, for the 15 days in
December after his medical procedure, but she will not vote to approve Mr. Pate's request
for reasonable accommodation to work from home.
Commissioner Davis put a motion on the floor to amend the resolution proposed by Agenda
Item 12-3, to strike out where it says to generally work from home so that he is not always
required to use leave under the Family Medical Leave Act.
Mayor Pigatt stated that Commissioner Davis can't strike out a portion of the resolution
proposed by Agenda Item 12-3 and say he's okay with it, because the Mayor said it was
doublespeak. He said that the Commissioner must decide to approve or deny it.
Commissioner Davis said that he would vote to deny City Manager Pate's request for
reasonable accommodation to work from home under the Americans with Disabilities Act.
Mayor Pigatt noted that 3 members of the Commission had indicated their support for
approving City Manager Pate's request for reasonable accommodation under the
Americans with Disabilities Act for the 15 days after his medical procedure in December,
but not approving Mr. Pate's request for reasonable accommodation to work from home
and not use his leave under the Family Medical Leave Act. The Mayor asked for a motion
to be put on the floor.
Vice Mayor Williams acknowledged that 3 members of the Commission had indicated their
positions on the resolution proposed by Agenda Item 12-3 but recommended that Mayor
Pigatt should allow the entire Commission to give their vote.
Mayor Pigatt pointed out that he has been asking for the rest of the Commission to provide
their thoughts.
Regular Commission Meeting Minutes — September 22, 2021 19
Commissioner Davis raised a point of order, inquiring whether the Commission was voting
on Agenda Item 12-3 or discussing it.
Mayor Pigatt stated that Vice Mayor Williams asked to hear from two other members of
the Commission.
Commissioner Davis said that Vice Mayor Williams took the floor and was not recognized,
but Mayor Pigatt checked every other Commissioner.
Commissioner Taylor said that Mayor Pigatt cut him off while he was talking.
Commissioner Bass urged for the Commission to vote, so as not to embarrass the City of
Opa-locka any further.
Mr. Richard Tuschman asked to address Commissioner Davis' concern.
Mayor Pigatt said that Mr. Richard Tuschman could not address Commissioner Davis'
concern at the moment.
Mayor Pigatt asked City Attorney Norris -Weeks if the Commission had to make a motion
to approve or deny the requests from City Manager Pate included in Agenda Item 12-3,
and then call for a vote.
City Attorney Norris -Weeks informed the Commission that they can approve one request
from City Manager Pate as included in Agenda Item 12-3 and they can deny the other
request or approve both.
Commissioner Bass made a motion to approve the Americans with Disabilities Act
reasonable accommodation request for City Manager John Pate for a period of 14 days
during the month of December 2021 during which his medical procedure will take place,
and the motion was seconded by Commissioner Davis.
There being no additional discussion, the motion passed by a 5-0 vote.
Commissioner Taylor Yes
Vice Mayor Williams Yes
Commissioner Bass Yes
Commissioner Davis Yes
Mayor Pigatt Yes
Commissioner Taylor made a motion to approve the Americans with Disabilities Act
reasonable accommodation request for City Manager John Pate, to generally work from
home so that he is not always required to use leave under the Family Medical Leave Act
Regular Commission Meeting Minutes — September 22, 2021 20
when he is unable to work in the office due to flare-ups of his medical condition, and the
motion was seconded by Commissioner Bass.
There being no additional discussion, the motion failed by a 4-1 vote.
Vice Mayor Williams No
Commissioner Bass No
Commissioner Davis No
Commissioner Taylor Yes
Mayor Pigatt No
There being no additional discussion, the resolution passed by a 5-0 vote.
Commissioner Davis Yes
Commissioner Taylor Yes
Vice Mayor Williams Yes
Commissioner Bass Yes
Mayor Pigatt Yes
13. ADMINISTRATION:
CONSENT AGENDA:
2. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, APPROVING AND AUTHORIZING THE CITY
MANAGER TO SERVE AS THE CITY'S AUTHORIZED
REPRESENTATIVE FOR THE AMERICAN RESCUE PLAN ACT
CORONAVIRUS LOCAL FISCAL RECOVERY FUND AGREEMENT
AND ANY RELATED AGREEMENTS AND PERMITTING THE
EXECUTION OF DOCUMENTS NECESSARY TO RECEIVE AND
ADMINISTER FUNDS; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
Sponsored by City Manager
3. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, AUTHORIZING THE APPROPRIATE CITY
OFFICIAL TO ENTER INTO AN AGREEMENT FOR A ONE-YEAR
RENEWAL OF THE RMPK FUNDING CONTRACT FOR GRANT
WRITING SERVICES WITH THE OPTION OF AN ADDITIONAL ONE-
YEAR RENEWAL PERIOD; PROVIDING FOR INCORPORATION OF
RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City
Manager
Regular Commission Meeting Minutes — September 22, 2021 21
4. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, RATIFYING THE SUBMISSION OF A GRANT
APPLICATION TO THE REBUILD FLORIDA MITIGATION GENERAL
INFRASTRUCTURE PROGRAM FOR THIRTEEN MILLION DOLLARS
($13,000,000) TO BE USED TO RENOVATE A PORTION OF THE CITY'S
WATER DISTRIBUTION SYSTEM; 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:
15. PLANNING & ZONING:
Agenda amendment to vote on Agenda Item 16A1 — First Reading Ordinance before
Agenda Item 15 - Planning & Zoning, approved under Agenda Item 7 - Approval of
Agenda.
16A1: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
OPA-LOCKA, FLORIDA, APPROVING A REQUEST FROM AMDI USA,
INC. TO CLOSE, VACATE AND ABANDON A PORTION OF NW 130TH
STREET BETWEEN NW 30TH AVENUE AND NW 30TH COURT AND A
PORTION OF NW 30TH COURT BETWEEN NW 130TH STREET AND
NW 131ST STREET FOR THE OPERATION OF A CONCRETE
BATCHING PLANT AND FINISHED CONCRETE PRODUCTION
COMPANY FACILITY ON THE PROPERTY LOCATED AT 13050 NW
30TH AVENUE AND IDENTIFIED BY FOLIOS 08-2128-002- 0020, 08-2128-
002-0030, 08-2128-002-0040, 08-2128-002-0050, 08-2128-002-0060, 08-2128-
002-0090, 08-2128-004-0380, AND 08-2128- 004-0330, IN THE I-2 ZONING
DISTRICT; PROVIDING FOR AN EFFECTIVE DATE. 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-A-1.
Ms. Hope Calhoun introduced herself as the land use attorney speaking before the
Commission on behalf of AMDI USA, Inc. regarding the vacation application. Ms.
Calhoun reminded the Commission that when they were before the Commission a
few months ago, they did not have the property appraised and are back now with
Regular Commission Meeting Minutes — September 22, 2021 22
the appraisal. She informed the Commission that the engineer and property owner
were available to answer any questions.
There being no additional members of the public to address the Commission, Mayor
Pigatt closed the Public Hearing for Agenda Item 16-A-1.
It was moved by Commissioner Bass, seconded by Commissioner Taylor to discuss
Agenda Item 16-A-1.
Mayor Pigatt asked City Manager Pate to introduce Agenda Item 16-A-1.
City Manager Pate asked Planning & Community Development Director Gregory
Gay to introduce Agenda Item 16-A-1.
Planning & Community Development Director Gregory Gay informed the
Commission that the property to be vacated as proposed in the ordinance included
in Agenda Item 16-A-1, has been in operation with some type of industrial activity
since 1988 and was acquired by the applicant in 2008. Mr. Gay stated that the right-
of-way issue on the property had not been addressed under the previous zoning
code. He reported that based on the appraisal, the right-of-way is being acquired
for approximately $24 a square foot, which is $275,000. Mr. Gay added that the
applicant is also proffering that they need to do a dedication of right-of-way and
would like to seek a reduction of $180,000. He stated that the applicant would pay
approximately $95,000. Mr. Gay explained that his Department's Staff doesn't
want to have both actions occur at the same time, but that it is the Commission's
discretion to decide if they wish to entertain it.
Mayor Pigatt asked why the presentation made to the Commission for the ordinance
proposed in Agenda Item 16-A-1, made no mention of the fact that the property is
worth $341,000.
Mr. Glenn Hanks introduced himself as the civil engineer for the property applying
for the vacation as included in the ordinance proposed by Agenda Item 16-A-1, and
he stated that his address is 11060 SW 1st Street, Coral Springs. Mr. Hanks said
that per the City's vacation ordinance, the $24 per square foot value is the average
value as prepared by a certified private appraiser and the value listed on the Miami -
Dade County Property Appraiser's website. He informed the Commission that the
County's Property Appraiser does not list values for rights of way, so he computed
the values of the lands surrounding the right-of-way and took a weighted average
of the value for a square foot of the property.
Regular Commission Meeting Minutes — September 22, 2021 23
Mayor Pigatt asserted that while he is clear about how the math was done to
determine the value that is being proposed to be paid for the vacated land, as
included in Agenda Item 16-A-1, but he said it doesn't make sense for the City to
give away the land for only $94,000. The Mayor also asked if the business owner
who is applying to have the land vacated as proposed in Agenda Item 16-A-1, has
been utilizing the land and if he can drive his car through there.
Mr. Glenn Hanks stated that the portion of the right of way that is being requested
to be vacated is only 25 feet and is on the interior of the property on unimproved
land, with no facilities on it. Mr. Hanks informed the Commission that the business
owner requesting the vacation that is being proposed in Agenda Item 16-A-1, runs
vehicles across the property, uses it for bulk storage and has material silos that have
existed there since the 1970s. He also said that a car could not be driven through
the property being proposed to be vacated, unless it was a Range Rover or Hummer
because it's not improved in any manner, is not open to the public and is a partial
right-of-way. Mr. Hanks also pointed out that the City had initiated an objective to
construct a road from NW 30th Avenue to NW 32nd Avenue along 131st Street,
and that part of it is presently owned by his client and the City does not have the
full width of right-of-way. He explained that in exchange for the formal vacation,
a portion of NW 131st Street will be dedicated to fulfill the City's right-of-way
requirements. Mr. Glenn Hanks concluded by stating that the property being
requested to be vacated is not being used by the City and is not going to serve any
purpose, but the vacation would allow his client to create a single parcel where 7
parcels presently exist and thus will simplify permitting, in addition to making the
parcel more attractive for future development.
City Manager Pate asked whether the City was put on notice when the construction
of the road intruded on the property that includes the land that is being requested to
be vacated by Agenda Item 16-A-1.
Mr. Glenn Hanks informed the Commission that there is correspondence between
the preceding City Manager and the preceding owner of the property, where it is
indicated that the City was desirous of obtaining rights to acquire the right-of-way.
City Manager Pate pointed out that the City Manager does not have the authority
to give up the City's right-of-way without the Commission's approval.
Mr. Glenn Hanks said that his client was directed to come before the City
Commission for site plan approval as well as for the approval of the vacation.
Mayor Pigatt pointed out that it is a very basic right in America that when someone
wants to build upon land that is not theirs, they must go in front of the people whose
Regular Commission Meeting Minutes — September 22, 2021 24
land they are encroaching upon. The Mayor expressed his concern that the
company requesting the vacation proposed by Agenda Item 16-A-1, has been
utilizing the City's land illegally for many years and is now coming before the
Commission to offer $94,000 for it. He also said that for months, he has been
asking for the documentation on the occupational licensing and building approvals
for the property but has not received that information.
Planning & Community Development Director Gregory Gay explained that
because he is now part of the Building & Licensing Department, he was just able
to get the occupational license information for the property requesting vacation as
proposed by Agenda Item 16-A-1, despite numerous requests that had previously
been made. Mr. Gay added that his Department did not have the documentation in
time to include it as part of the application. He also reminded the Commission that
he has previously stated that the property has had licensure since 1988 under other
industrial uses, that the concrete plant operation came into operation in 2008, and
the property owner who acquired the property from the previous owner had
received licensure from Opa-locka to run a concrete operational plant for several
years.
Mayor Pigatt stated that he is not supporting Agenda Item 16-A-1 because he has
been asking for the occupational licensing and building approvals for the property
being requested to be vacated as proposed by Agenda Item 16-A-1, and he still
doesn't have it in front of him before he votes on the item. The Mayor said he is
also not supporting the item because they are not giving value to the community for
the land, have been using the land illegally, have blocked off streets, and have been
tearing up the roads in the surrounding community.
Ms. Hope Calhoun said that she and her client were not aware that the Commission
did not have the information requested and would have gladly provided it. Ms.
Calhoun also expressed her opinion that she felt it was a little harsh to say that the
property has been used illegally for quite some time, understanding the
Commission's position, but pointing out that the land is not able to be used because
it is not improved and doesn't have the proper width to be a right-of-way. She also
informed the Commission that the current and prior property owners have tried to
work with the City for several years so that the property can operate properly and
not hinder the residential areas around it. Ms. Calhoun requested that the
Commission pass the ordinance proposed by Agenda Item 16-A-1 through its first
reading, and between now and the second reading, a reasonable amount for the
value of the property could be agreed upon. She also asked that the Commission
approve the items that go along with Agenda Item 16-A-1 so that the property can
be improved and operate in a manner that everyone would appreciate.
Regular Commission Meeting Minutes — September 22, 2021 25
Mayor Pigatt asked if Miami -Dade County's Department of Environmental
Resources Management had approved the operation of the business requesting the
vacation as proposed by Agenda Item 16-A-1.
Planning & Community Development Director Gregory Gay informed the
Commission that the business requesting the vacation as proposed by Agenda Item
16-A-1, had not been granted total approval by the Miami -Dade County
Department of Environmental Resources Management. He added that the business
had been approved to operate but is awaiting approval for the business to operate
on the property being requested to be vacated, based on the final decision of the
Commission.
Commissioner Davis recalled that as he sat on the Zoning Board, he saw these
situations end up in litigation, with the City not always setting the best precedent
and urged his colleagues to consider that. The Commissioner also expressed his
concern with the amount offered to be paid for the land that is being requested to
be vacated as proposed in Agenda Item 16-A-1, asserting that he will vote in
support of the item under the circumstance that the Commission has in-depth
conversations about the amount when it comes up for second reading.
Commissioner Taylor stated that as long as the Commission can explore the amount
offered to be paid for the land that is being requested to be vacated as proposed in
Agenda Item 16-A-1 during its second reading, he is okay with the ordinance.
There being no additional discussion, the ordinance proposed in Agenda Item 16-
A-1 passed first reading by a 4-1 vote.
Commissioner Bass Yes
Commissioner Davis Yes
Commissioner Taylor Yes
Vice Mayor Williams Yes
Mayor Pigatt No
A. PUBLIC HEARINGS:
1. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
OPA-LOCKA, FLORIDA, APPROVING A TENTATIVE PLAT
REVIEW REQUEST FOR THE OPERATION OF A CONCRETE
BATCHING PLANT AND FINISHED CONCRETE PRODUCTION
COMPANY FACILITY ON THE PROPERTY LOCATED AT 13050
NW 30TH AVENUE AND IDENTIFIED BY FOLIOS 08-2128-002-
0020, 08-2128-002-0030, 08- 2128-002-0040, 08-2128-002-0050, 08 -
Regular Commission Meeting Minutes — September 22, 2021 26
2128-002-0060, 08-2128-002-0090, 08-2128-004-0380, AND 08-2128-
004-0330, IN THE I-2 ZONING DISTRICT; PROVIDING FOR AN
EFFECTIVE DATE. Sponsored by City Manager
The above resolution was read by Assistant City Attorney Candice Cobb.
Mayor Pigatt asked Planning & Community Development Director Gregory Gay
to introduce Agenda Item 15-A-1.
Planning & Community Development Director Gregory Gay informed the
Commission that the resolution proposed in Agenda Item 15-A-1 would approve a
tentative plat that would unify the 7 parcels that currently exist on the property. Mr.
Gay explained that a property that is being replatted, must be brought before the
Commission and upon receiving their approval, goes back to Miami -Dade County
to be approved as a tentative plat, and then goes through the same process all over
again to approve the final plat. He reported that the Planning & Zoning Board and
the Staff from his Department recommended approval.
Mayor Pigatt opened the Public Hearing for Agenda Item 15-A-1.
Ms. Hope Calhoun introduced herself as the attorney speaking on behalf of the
landowner of the property that is being replatted. Ms. Calhoun asked that the
Commission approve the resolution proposed in Agenda Item 15-A-1.
There being no additional members of the public to address the Commission, Mayor
Pigatt closed the Public Hearing for Agenda Item 15-A-1.
It was moved by Commissioner Taylor, seconded by Vice Mayor Williams to open
the floor for discussion on the resolution proposed by Agenda Item 15-A-1.
There being no discussion, the resolution proposed in Agenda Item 15-A-1 passed
by a 4-1 vote.
Commissioner Davis Yes
Commissioner Taylor Yes
Vice Mayor Williams Yes
Commissioner Bass Yes
Mayor Pigatt No
2. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
OPA-LOCKA, FLORIDA, APPROVING A VARIANCE REQUEST
FOR THE OPERATION OF A CONCRETE BATCHING PLANT
AND FINISHED CONCRETE PRODUCTION COMPANY
Regular Commission Meeting Minutes — September 22, 2021 27
FACILITY ON THE PROPERTY LOCATED AT 13050 NW 30TH
AVENUE AND IDENTIFIED BY FOLIOS 08-2128-002-0020, 08-
2128-002-0030, 08-2128-002-0040, 08-2128-002-0050, 08-2128-002-
0060, 08-2128-002-0090, 08-2128-004-0380, AND 08-2128- 004-0330, IN
THE I-2 ZONING DISTRICT; PROVIDING FOR AN EFFECTIVE
DATE. Sponsored by City Manager
The above resolution was read by Assistant City Attorney Candice Cobb.
Mayor Pigatt asked Planning & Community Development Director Gregory Gay
to introduce Agenda Item 15-A-2.
Planning & Community Development Director Gregory Gay stated that the
resolution proposed in Agenda Item 15-A-2 would approve a variance request for
the concrete facility, which he said is required to relax the City's current code
requirements, because there is a residential development just to the east of the
property. Mr. Gay reminded the Commission that the operation on the property
was in place in 2008 and the property had other industrial uses that predate that to
approximately 1988. He reported that both the Planning & Zoning Board and the
Staff of his Department, recommend approval of the variance request.
Mayor Pigatt opened the Public Hearing for Agenda Item 15-A-2.
Ms. Hope Calhoun introduced herself as the attorney speaking on behalf of the
applicant for the requested variance, and she asked that the Commission approve
the resolution proposed in Agenda Item 15-A-2, as consistent with the Staff report
from the Planning & Community Development Department.
There being no additional members of the public to address the Commission, Mayor
Pigatt closed the Public Hearing for Agenda Item 15-A-2.
It was moved by Commissioner Taylor, seconded by Commissioner Davis to open
the floor for discussion on the resolution proposed by Agenda Item 15-A-2.
There being no discussion, the resolution proposed in Agenda Item 15-A-2 passed
by a 4-1 vote.
Commissioner Taylor Yes
Vice Mayor Williams Yes
Commissioner Bass Yes
Commissioner Davis Yes
Mayor Pigatt No
Regular Commission Meeting Minutes — September 22, 2021 28
3. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
OPA-LOCKA, FLORIDA, APPROVING THE SPECIAL
EXCEPTION SITE PLAN REVIEW REQUEST FOR THE
OPERATION OF A CONCRETE BATCHING PLANT AND
FINISHED CONCRETE PRODUCTION COMPANY FACILITY ON
THE PROPERTY LOCATED AT 13050 NW 30TH AVENUE AND
IDENTIFIED BY FOLIOS 08-2128-002-0020, 08-2128- 002-0030, 08-
2128-002-0040, 08-2128-002-0050, 08-2128-002-0060, 08-2128-002-
0090, 08- 2128-004-0380, AND 08-2128-004-0330, IN THE I-2 ZONING
DISTRICT; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by
City Manager
The above resolution was read by Assistant City Attorney Candice Cobb.
Mayor Pigatt asked Planning & Community Development Director Gregory Gay
to introduce Agenda Item 15-A-3.
Planning & Community Development Director Gregory Gay informed the
Commission that because of all the approvals from the Commission being required
of the concrete batching plant, it is being treated as a project that is coming before
the Commission for the first time, despite it having been done prior to 2008 under
the City's previous Code. Due to the City's current code requiring a special
exception for all concrete batching plants, Mr. Gay explained that it required the
Commission's approval of that special exception. He reported that both the
Planning & Zoning Board and his Department's Staff recommend approval of the
requested special exception.
Mayor Pigatt opened the public hearing for Agenda Item 15-A-3.
Ms. Hope Calhoun introduced herself as the attorney speaking on behalf of the
applicant for the requested special exception, and she asked that the Commission
approve the resolution proposed in Agenda Item 15-A-3, in consideration of the
fact that it is an existing business, and no new construction is being proposed.
There being no additional members of the public to address the Commission, Mayor
Pigatt closed the Public Hearing for Agenda Item 15-A-3.
It was moved by Commissioner Taylor, seconded by Commissioner Bass to open
the floor for discussion on the resolution proposed by Agenda Item 15-A-3.
There being no discussion, the resolution proposed in Agenda Item 15-A-3 passed
by a 4-1 vote.
Regular Commission Meeting Minutes — September 22, 2021 29
Vice Mayor Williams Yes
Commissioner Bass Yes
Commissioner Davis Yes
Commissioner Taylor Yes
Mayor Pigatt No
4. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
OPA-LOCKA, FLORIDA APPROVING A DEVELOPMENT
AGREEMENT FOR THE OPERATION OF A CONCRETE
BATCHING PLANT AND FINISHED CONCRETE PRODUCTION
COMPANY FACILITY ON THE PROPERTY LOCATED AT 13050
NW 30TH AVENUE AND IDENTIFIED BY FOLIOS 08-2128-002-
0020, 08-2128- 002-0030, 08-2128-002-0040, 08-2128-002-0050, 08-
2128-002-0060, 08-2128-002-0090, 08-2128-004-0380, AND 08-2128-
004-0330, IN THE I-2 ZONING DISTRICT; PROVIDING FOR AN
EFFECTIVE DATE. Sponsored by City Manager
The above resolution was read by Assistant City Attorney Candice Cobb.
Mayor Pigatt asked Planning & Community Development Director Gregory Gay
to introduce Agenda Item 15-A-4.
Planning & Community Development Director Gregory Gay stated that Agenda
Item 15-A-4 included the development agreement for the concrete batching facility.
Mr. Gay explained that because it is being treated as an application that is coming
before the Commission for the first time, a development agreement would normally
accompany this type of development. He also informed the Commission that the
company operating the facility submitted a site plan which included site
improvements such as landscaping, and thus his Department wanted to make sure
that it was included as part of the overall updating of the property. Mr. Gay reported
that the Planning & Zoning Board and the Staff from his Department recommended
approval of the proposed development agreement.
Mayor Pigatt opened the public hearing for Agenda Item 15-A-4.
Ms. Hope Calhoun introduced herself as the attorney speaking on behalf of the
applicant for the proposed development agreement, and she asked that the
Commission approve the resolution proposed in Agenda Item 15-A-4, so that they
can move forward.
Regular Commission Meeting Minutes — September 22, 2021 30
There being no additional members of the public to address the Commission, Mayor
Pigatt closed the Public Hearing for Agenda Item 15-A-4.
It was moved by Commissioner Bass, seconded by Commissioner Davis to open
the floor for discussion on the resolution proposed by Agenda Item 15-A-4.
Vice Mayor Williams urged the developer to ensure that all the requests made by
the Commission be addressed before the item comes before them again during
second reading.
City Attorney Norris -Weeks pointed out that Agenda Item 15-A-4 is a resolution
and thus there will be no second reading of the item.
Mayor Pigatt shared his opinion that the property looks horrendous with a stone
wall, dirt road and gate that looks crazy, and he urged his fellow members of the
Commission to consider whether they want to make sure that the property looks
somewhat respectable in the City, as they vote on this item.
Commissioner Davis agreed with Mayor Pigatt's statements and asked the
applicant to include beautification in the development agreement proposed in
Agenda Item 15-A-4, to make it more appealing and less of a nuisance to the
residential community nearby.
Ms. Hope Calhoun reminded the Commission that Planning & Community
Development Director Gregory Gay had informed them that a site plan was
submitted, and she asked Mr. Glenn Hanks to speak on some of the beautification
and landscaping improvements that are being added to the property included in the
development agreement proposed in Agenda Item 15-A-4.
Mr. Glenn Hanks introduced himself as the engineer for the applicant for the
development agreement proposed in Agenda Item 15-A-4. Mr. Hanks informed the
Commission that the site plan which was presented to the Staff of the Planning &
Community Development Department, includes a 30 -foot landscape buffer
adjacent to the residential property along 30th Avenue, in addition to the City Code
required landscape buffers on NW 131st and NW 31st Avenue, as well as street
trees and shrubbery. He also said that the ugly concrete wall on 131st that Mayor
Pigatt mentioned, is going to be removed and replaced with fencing to balance out
aesthetics and security needs.
Commissioner Davis stated that the beautification plans for the property included
in the development agreement proposed in Agenda Item 15-A-4, sound pretty to
him.
Regular Commission Meeting Minutes — September 22, 2021 31
There being no additional discussion, the resolution proposed in Agenda Item 15-
A-4 passed by a 4-1 vote.
Commissioner Bass Yes
Commissioner Davis Yes
Commissioner Taylor Yes
Vice Mayor Williams Yes
Mayor Pigatt No
B. APPEALS:
16. ORDINANCES/RESOLUTIONS/PUBLIC HEARINGS:
A. FIRST READING ORDINANCE(S)/PUBLIC HEARING(S):
Agenda amendment to vote on Agenda Item 16A1 — First Reading Ordinance before Agenda Item
15 - Planning & Zoning, approved under Agenda Item 7 - Approval of Agenda.
B. SECOND READING ORDINANCE(S)/PUBLIC HEARING(S):
C. RESOLUTION(S)/PUBLIC HEARING:
17. CITY MANAGER'S REPORT:
Mayor Pigatt asked City Manager Pate to deliver a report to the Commission.
City Manager Pate offered to defer his report on financial oversight until the next meeting due to
the late hour, if it was the will of the Commission.
Commissioner Bass stated that she would love to hear City Manager Pate's full report and
acknowledged that the Commission is there to serve the people, but suggested that when they get
this tired, she thinks it's time to stop because judgements are made that are not always conducive
to a healthy environment.
Mayor Pigatt asked what the status of the Charter Review Committee was.
City Manager Pate stated that the City Clerk's Office is working on the Charter Review
Committee.
City Clerk Joanna Flores stated that legislation has been drafted for an ordinance establishing the
Charter Review Committee and that it is being reviewed by the City Attorney's Office, with the
intent to have it before the Commission during the first meeting in October.
Regular Commission Meeting Minutes — September 22, 2021 32
City Attorney Norris -Weeks confirmed that the legislation establishing the Charter Review
Committee would be before the Commission during their first meeting in October.
18. OFFICIAL BOARD REPORTS:
Mayor Pigatt noted as Chair of the Audit Committee, that one of the advisors to that Committee
was removed by the City Manager's Office and the vacancy needs to be filled by appointment.
The Mayor expressed his hope that the appointment can be made before the next meeting, to be in
alignment with the request for proposals for the next audit.
City Manager Pate stated that the advisor to the Audit Committee that was removed, was an
appointee of the City Manager, which is why he had the authority to remove him.
Mayor Pigatt asked City Attorney Norris -Weeks to review the policy and let the Commission know
who has the authority to appoint people to the City's Boards.
City Attorney Norris -Weeks stated that the information she pulled up from an emailed letter that
has some of the administrative policy, says that the Audit Committee has 5 members appointed by
resolution of the City Commission, but she said that she doesn't see where it says the City Manager
has a specific appointment to the Committee.
Mayor Pigatt stated that someone must be appointed to the Audit Committee so that it has 5
members. The Mayor said that he doesn't know whether City Manager Pate even had the authority
to remove the advisor he did, but recommended Mr. Ash Hepburn to be appointed to the Board.
City Manager Pate objected to the appointment of Mr. Ash Hepburn to the Audit Committee,
stating that he is not a resident of the City of Opa-locka.
Mayor Pigatt stated that because the vacancy on the Audit Committee is an advisory position, the
person appointed does not have to be a resident of the City of Opa-locka. The Mayor Explained
that the Audit Committee has 3 voting members and that either the City Manager or Finance
Director serve as advisors to the Committee in addition to one other advisor which is missing and
is needed to have a legitimate Audit Committee.
Commissioner Davis asked if any other members of the Commission have a nomination for the
Audit Committee because he did not, and he asked if it is the Commission's appointment to make,
stating that he didn't hear a clear answer from City Attorney Norris -Weeks.
City Attorney Norris -Weeks clarified that all 5 members of the Audit Committee are appointees
of the City Commission and serve at their pleasure.
Vice Mayor Williams asked if the board application process was necessary or if it was fine to have
Mayor Pigatt proffer the name, as he did.
Regular Commission Meeting Minutes — September 22, 2021 33
Mayor Pigatt recalled that the City Manager was asked to recommend someone to serve on the
Audit Committee, and at the time, Mr. Pate recommended Mr. Ash Hepburn.
City Manager Pate stated that City Attorney Norris -Weeks read the policy stating that the
individuals serving on the Audit Committee are required to be residents, and he said that it's proven
that the individual that Mayor Pigatt is proffering, owns property in the City but does not live in
the City.
Mayor Pigatt said that what City Manager Pate is saying is not correct, and he told his colleagues
on the Commission that City Attorney Norris -Weeks just told them the Commission can appoint
someone to the Audit Committee. The Mayor pointed out that the Commission can move the
appointment to another meeting's agenda if they want to spend some time to think about somebody
else. He shared that he served on the Audit Committee with Mr. Ash Hepburn, and the Mayor said
that Mr. Hepburn had some very good questions that helped the Committee to really understand
the City's finances, what is needed and how to move forward. Mayor Pigatt suggested that since
Mr. Hepburn was already on the Audit Committee, to just move forward with it.
Commissioner Bass asked City Attorney Norris -Weeks if the person appointed to the Audit
Committee has to be a resident of the City of Opa-locka.
City Attorney Norris -Weeks explained that the City's legislation establishing the Audit Committee
says that the Commission should consider guidelines, including appointing members living within
the City limits. Because the legislation doesn't specifically say the members of the Committee
shall appoint residents, but rather establishes it as a guideline to be considered, the City Attorney
stated that if an appointee meets the other guidelines in the legislation, that they could be
considered.
It was moved by Commissioner Bass, seconded by Commissioner Taylor to appoint Ms. Audrey
Dominguez to the City of Opa-locka' s Audit Committee in an advisory capacity.
Commissioner Davis stated that he always supported Ms. Audrey Dominguez, and he said that the
Commission already appointed her to one of the City's other boards. The Commissioner also
expressed that he thinks the vacant Audit Committee position is calling for someone with expertise
and he doesn't think Ms. Audrey Dominguez is the correct fit.
There being no additional discussion, the motion to appoint Ms. Audrey Dominguez to the City
of Opa-locka' s Audit Committee failed by a 3-2 vote.
Commissioner Davis No
Commissioner Taylor Yes
Vice Mayor Williams No
Regular Commission Meeting Minutes — September 22, 2021 34
Commissioner Bass
Mayor Pigatt
Yes
No
Vice Mayor Williams asked why Mr. Ash Hepburn was removed from the Audit Committee.
City Manager Pate stated that research was done which determined that Mr. Ash Hepburn is not a
resident of the City of Opa-locka and did not meet the requirements to be a member of the Audit
Committee.
Vice Mayor Williams pointed out that City Attorney Norris -Weeks just stated that being a resident
of the City of Opa-locka is not a requirement to be a member of the Audit Committee.
City Manager Pate said that he guesses it is fine that guidelines are not followed.
Mayor Pigatt stated that there was a big debate in the Audit Committee about whether a member
of the Committee has the authority to ask for financial reports.
City Manager Pate said that what Mayor Pigatt stated is not true.
Commissioner Taylor asked if it was possible to appoint one of the members of the Commission
as a placeholder until the perfect fit for the Audit Committee becomes available.
City Attorney Norris -Weeks stated that she believes the Commission can appoint an additional
member of the Commission to the Audit Committee.
Mayor Pigatt pointed out that if a member of the Commission is appointed to the Audit Committee,
they will have to be removed and then someone else will have to be appointed. The Mayor said
that the other option was to think about it and make the appointment at the next Commission
Meeting.
Vice Mayor Williams recommended that the Commission think about the appointment to the Audit
Committee until the next Commission Meeting.
Commissioner Taylor said that he wouldn't mind moving the appointment to the Audit Committee
to the next Commission Meeting, but that it seemed like the issue was being driven with a sense
of urgency.
Mayor Pigatt stated that he did his duty as Chairman of the Audit Committee, to notify the
Commission of the vacancy during the Official Board Reports, and that they must appoint someone
either now or later.
With no member of the Commission indicating that they are not in favor of waiting until their next
meeting to appoint someone to fill the vacancy on the Audit Committee, Mayor Pigatt stated that
it will be handled during that time.
Regular Commission Meeting Minutes — September 22, 2021 35
19. FUTURE AGENDA ITEMS:
Commissioner Bass proposed a motion to direct the City Manager's staff to research public
facilities, land or streets that can be named in honor of the late Commissioner Burke, and the
motion was seconded by Vice Mayor Williams.
Mayor Pigatt asked which facility Commissioner Bass was proposing to have named in honor of
the late Commissioner Burke.
Commissioner Bass explained that she would like for the Commission to make the decision on
which public space, facility or street would be named in honor of the late Commissioner Burke.
Mayor Pigatt said that the Commission needs to give the City Manager a clear directive whether a
street or facility is going to be named in the honor of the late Commissioner Burke.
Commissioner Taylor stated that he liked the idea of naming the street that the late Commissioner
Burke lived on, in his honor.
City Manager Pate offered to have his Staff do research and provide options for streets or buildings
that could be named in honor of the late Commissioner Burke.
There being no further discussion, the motion passed by a 5-0 vote.
Commissioner Bass Yes
Commissioner Davis Yes
Commissioner Taylor Yes
Vice Mayor Williams Yes
Mayor Pigatt Yes
Commissioner Davis proposed a motion for a future agenda item, asking City Attorney Norris -
Weeks to do research on neighboring communities, to determine the best practices for developing
a policy on paid time off and leave time for appointed City officials, and the motion was seconded
by Commissioner Taylor.
City Attorney Norris -Weeks pointed out that City Manager Pate is proposing to hire a human
resources company that may address the concern raised by Commissioner Davis. Ms. Norris -
Weeks also reminded the Commission that the City already has a policy on leave taken under the
Family Medical Leave Act and pointed out that the issue was maintaining the records and not
having a policy in place that applied specifically to the City Manager. She offered to look at other
similarly sized cities to show the Commission what they are doing, stating that it may be the same.
Commissioner Davis noted that this was a proposed future agenda item and asserted that he doesn't
understand why it is being debated because selective opinions are being provided.
Regular Commission Meeting Minutes — September 22, 2021 36
City Attorney Norris -Weeks stated that it is not a debate and took exception to Commissioner
Davis' statement.
There being no additional discussion, the motion to propose a future agenda item, passed by a 5-0
vote.
Commissioner Davis Yes
Commissioner Taylor Yes
Vice Mayor Williams Yes
Commissioner Bass Yes
Mayor Pigatt Yes
Mayor Pigatt made a motion to propose an ordinance on a future Commission Meeting Agenda,
to provide all City employees a living wage, and the motion was seconded by Commissioner Bass.
City Manager Pate stated that a wage study that the City paid a significant amount of money for,
is almost complete. The City Manager suggested that the Commission should wait to see the
results of the wage study, because he is sure it will develop a living wage for everybody.
Mayor Pigatt pointed out that what City Manager Pate was describing was the pay plan, but he
was proposing a motion for a living wage to be ingrained in the City's laws so that anyone that is
paid to do work for the City, can feed and clothe themselves, no matter what they do for the City.
There being no additional discussion, the motion to propose the future agenda item, passed by a
5-0 vote.
Commissioner Taylor Yes
Vice Mayor Williams Yes
Commissioner Bass Yes
Commissioner Davis Yes
Mayor Pigatt Yes
Mayor Pigatt proposed a motion to prepare a resolution for a future Commission Meeting Agenda,
to have the City of Opa-locka support the Southern Poverty Law Center's litigation against the
State of Florida for H.B. 1., and the motion was seconded by Vice Mayor Williams.
Commissioner Davis asked Mayor Pigatt to repeat what he was proposing to include in the future
agenda item.
The Mayor asked City Attorney Norris -Weeks to provide insight into the language to support the
litigation against HB 1.
Regular Commission Meeting Minutes — September 22, 2021 37
City Attorney Norris -Weeks stated that the resolution would approve support for litigation
activities in defense of the City of Opa-locka' s home rule authority, working with other cities.
Ms. Norris -Weeks said that she has a resolution that she can bring back to the Commission.
Commissioner Taylor asked if Mayor Pigatt was proposing a resolution to support the litigation
against HB 1.
Mayor Pigatt explained that the State of Florida has put in place HB 1 which could have a gathering
of four people be deemed a felony offense at the discretion of Police Officers, makes it possible
for people to be run over with a car if the driver feels they are escaping a protest, as well as
restricting cities from making modifications decreasing the Police budget and allowing the
Governor's office to supersede the city's authority and amend the budget. The Mayor stated that
he is asking the City of Opa-locka to join the cities across the state who are joining the Southern
Poverty Law Center's pro bono fight on behalf of the cities.
Commissioner Taylor recalled that the legal representatives who spoke before the Commission,
offered to do a workshop to explain HB 1 more in depth, and the Commissioner asked if that can
be done instead of automatically supporting it.
Mayor Pigatt pointed out that he is proposing a future agenda item, and not an approval of the City
joining the litigation now. The Mayor offered to have a workshop before the agenda item comes
before the Commission and can have the legal representatives who are leading on the litigation
against HB 1, lay out their case at that time.
There being no additional discussion, the motion passed by a 5-0 vote
Vice Mayor Williams Yes
Commissioner Bass Yes
Commissioner Davis Yes
Commissioner Taylor Yes
Mayor Pigatt Yes
20. MAYOR/COMMISSION REPORTS:
There were none.
21. OFFICIAL BOARD APPOINTMENTS:
City Clerk Joanna Flores informed the Commission that they had before them the application for
Angelina Roberts to be appointed to the Community Relations, Recreation & Activities Advisory
Board. Clerk Flores reminded the Commission that each of them has an individual appointment
to the board.
Regular Commission Meeting Minutes — September 22, 2021 38
Hearing no appointment, Mayor Pigatt stated that the appointment to the Community Relations,
Recreation & Activities Advisory Board can be saved for another day.
22. ADJOURNMENT:
There being no further business to come before the City Commission, it was moved by Vice Mayor
Williams, seconded by Commissioner Taylor to adjourn the meeting at 11:29 p.m.
eronica J. Williams
Vice Mayor
Attest:
J i nna Flores, CMC
CI Clerk
Regular Commission Meeting Minutes — September 22, 2021 39