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HomeMy Public PortalAbout07-July 12, 2017 Regular Commission Meeting Minutes CITY OF OPA-LOCKA "The Great City" CLERK'S ACTION SUMMARY MINUTES REGULAR COMMISSION MEETING WEDNESDAY,July 12, 2017 7:00 P.M. Sherbondy Village Auditorium 215 Perviz Avenue Opa-locka, FL 33054 1. CALL TO ORDER: Mayor Myra Taylor called the meeting to order at 7:00 p.m. on Wednesday, July 12, 2017 in the Auditorium at Sherbondy Village, 215 President Barack Obama (Perviz) Avenue, Opa-locka, Florida. 2. ROLL CALL: The following members of the City Commission were present: Mayor Myra L. Taylor, Vice Mayor Joseph L. Kelley, Commissioner Timothy Holmes, Commissioner John Riley, and Commissioner Matthew Pigatt. Also in attendance were: City Manager Yvette Harrell, City Attorney Vincent T. Brown, and City Clerk Joanna Flores. 3. INVOCATION: The invocation was delivered by Vice Mayor Joseph L. Kelley. 4. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was recited in unison. 5. AWARDS/PROCLAMATIONS/ACKNOWLEDGEMENTS: 6. APPROVAL OF CONSENT AGENDA AND PULL LIST (deferrals and deletions): The following items were pulled from the Consent Agenda to be discussed separately under Action Items: pulled 13-3 (Commissioner Riley); pulled 13-5 (Commissioner Pigatt). A Request was made to amend the agenda as follows: NEW ITEMS: 14-1: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA AMENDING THE OPA-LOCKA CODE OF ORDINANCES, CHAPTER II ADMINISTRATION ARTICLE I IN GENERAL, ESTABLISHING SECTION III NATIONAL CRIMINAL HISTORY SCREENING FOR CITY MANAGER; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR ADOPTION OF ARTICLE; PROVIDING FOR AUTHORITY; PROVIDING FOR CODIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR Regular Commission Meeting Minutes—7/12/2017 1 CONFLICT; PROVIDING FOR LIBERAL CONSTRCUTION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Attorney The above ordinance was read by title by City Clerk Flores. It was moved by Commissioner Riley, seconded by Vice Mayor Kelley to amend the agenda to include the above ordinance as item 14-1. There being no discussion, the motion failed by a 3-2 vote. Commissioner Pigatt No Commissioner Riley Yes Commissioner Holmes No Vice Mayor Kelley Yes Mayor Taylor Yes 7. APPROVAL OF AGENDA: It was moved by Commissioner Riley, seconded by Vice Mayor Kelley to approve the agenda, consent agenda and pull list. There being no discussion, the motion passed by a 5-0 vote. Commissioner Riley Yes Commissioner Holmes Yes Vice Mayor Kelley Yes Commissioner Pigatt Yes Mayor Taylor Yes 8. APPROVAL OF MINUTES: Regular Commission Meeting Minutes —February 8, 2017 It was moved by Commissioner Riley, seconded by Vice Mayor Kelley to approve the minutes of the Regular Commission Meeting Minutes of February 8, 2017. There being no discussion, the motion passed by a 5-0 vote. Commissioner Holmes Yes Vice Mayor Kelley Yes Commissioner Pigatt Yes Commissioner Riley Yes Mayor Taylor Yes 9. DISTRICT ONE/DISTRICT TWO - COUNTY COMMISSIONER REPORT Commissioner Barbara J. Jordan, District I, said that she appreciates the opportunity to come before the commission tonight and is excited about the ground breaking for the Amazon site as it will change this area. She thanked the commission for accepting her calls the other night as she Regular Commission Meeting Minutes—7/12/2017 2 knows that the item on the agenda for tonight has been voted down by them at another meeting. She said that she is here tonight to address any concerns they may have regarding item 13-1. Cedric Brazil, Commissioner Jean Monestime's Office, District II, said that he does not have anything to report at this time,but is ready to take any concerns back to the commissioner. Commissioner Riley said that he is waiting for his meeting date with the Commissioner. Mayor Taylor said that since Opa-locka is a part of Commissioner Monestime's district, then some of his events should be held in the City. 10. PUBLIC PRESENTATION: 11. CITIZENS' INPUT: Eva Bryan, Ingram Terrace Apartments, said that there is a problem with flooding at the apartments and something needs to be done about the draining. Vice Mayor Kelley said that is an ongoing issue and it falls under District II; something needs to be done about it. Eduardo Kasim, 13001 Port Said Road, Bay 16, said that he is having issues with being ticketed by the City of Opa-locka and it is not fair because he is losing business. 12. ACTION ITEMS: 1 (13-3). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE BROWN LAW GROUP, LLC, TO REPRESENT THE CITY OF OPA-LOCKA IN EMERSON WARD VS. CITY OF OPA- LOCKA; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Attorney The above resolution was read by Attorney Brown. It was moved by Vice Mayor Kelley, seconded by Commissioner Riley for discussion. Commissioner Riley said that the inspector general asked why the City was paying for the lawsuits and not the carrier. City Attorney Brown said that after reviewing each case, he determines what should go to the league and what he can litigate. Commissioner Holmes said that the contract for the red light camera is set to expire and he will be glad because people are complaining about it. There being no further discussion, the motion on the resolution passed by a 5-0 vote. Commissioner Pigatt Yes Commissioner Riley Yes Regular Commission Meeting Minutes—7/12/2017 3 Commissioner Holmes Yes Vice Mayor Kelley Yes Mayor Taylor Yes 2 (13-5). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A REQUEST FOR QUALIFICATIONS (RFQ) SEEKING WATER UTILITY ENGINEERS; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by Commissioner Riley The above resolution was read by Attorney Brown. It was moved by Commissioner Riley, seconded by Commissioner Holmes for discussion. Commissioner Pigatt said that he pulled the item because he is unclear about what it was for. Commissioner Riley said that it is an alternative method to what is already in place. He then withdrew the item. 13. CONSENT AGENDA: 1 (13-1). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, RATIFYING THE AGREEMENT WITH MIAMI-DADE COUNTY TO PROVIDE BILLING AND COLLECTION OF WATER, SANITARY SEWAGE AND STORMWATER UTILITY SERVICE CHARGES; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager 2 (13-2). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN INTERLOCAL AGREEMENT WITH MIAMI-DADE COUNTY FOR SERVICES RELATED TO THE MONITORING OF STORMWATER OUTFALLS AS REQUIRED BY THE STATE OF FLORIDA, IN A FORM THAT IS ACCEPTABLE TO THE CITY ATTORNEY; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager 3 (13-4). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, DIRECTING THE CITY MANAGER TO AMEND THE BUDGET TO INCLUDE LINE ITEMS FOR CAPITAL PROJECTS IN ZONES 1, 2 AND 6; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by Vice Mayor Kelley The above resolutions were read by Attorney Brown. It was moved by Commissioner Riley, seconded by Commissioner Pigatt to pass the resolutions. The motion on the resolutions passed by a 5-0 vote. Commissioner Riley Yes Regular Commission Meeting Minutes—7/12/2017 4 Commissioner Holmes Yes Vice Mayor Kelley Yes Commissioner Pigatt Yes Mayor Taylor Yes 14. NEW ITEMS: 15. PLANNING & ZONING: A. HEARINGS: 1. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO CONSIDER THE REQUEST OF ALL FLORIDA LAND CLEANING, INC'S REQUEST FOR DEVELOPMENT AGREEMENT REVIEW AND APPROVAL TO COMPLETE THE DEVELOPMENT OF THEIR PROPERTY AT 3805 NW 132ND STREET, OPA-LOCKA, FL 33054 IDENTIFIED BY FOLIO 08-2129-010- 0090, LOT SIZE: 204,733 SQUARE FEET (4.7 AC) PURSUANT TO ORDINANCE 15-31; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager The above resolution was read by Attorney Brown. Mayor Taylor opened the floor for a public hearing. There being no persons to speak on the public hearing, the public hearing was closed. It was moved by Commissioner Holmes, seconded by Vice Mayor Kelley to pass the resolution. There being no discussion, the motion passed by a 5-0 vote. Commissioner Riley Yes Commissioner Holmes Yes Vice Mayor Kelley Yes Commissioner Pigatt Yes Mayor Taylor Yes B. APPEALS: 16. ORDINANCES/RESOLUTIONS/PUBLIC HEARING: A. FIRST READING ORDINANCE(S): B. SECOND READING ORDINANCE(S)/PUBLIC HEARING: 1. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA AMENDING CHAPTER 2, ARTICLE XI, DIVISION V — CIVIL SERVICE BOARD OF THE CITY OF OPA-LOCKA CODE OF ORDINANCES; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE (first reading held on June 14, 2017). Sponsored by Commissioner Riley Regular Commission Meeting Minutes—7/12/2017 5 The above ordinance was read by Attorney Brown. Mayor Taylor opened the floor for a public hearing. There being no persons to speak on the public hearing, the public hearing was closed. It was moved by Commissioner Riley, seconded by Commissioner Pigatt to pass the ordinance. Commissioner Pigatt asked the sponsor what the item was for. Commissioner Riley said that there has always been a Civil Service Board and employees should have somewhere to go. Commissioner Pigatt said that he is concerned that this could cause an issue, especially when there is a separate power independently of the city manager that can make decisions. City Manager Harrell said that she does not think there is a need for such a board because it takes away from the manager's ability to deal with its subordinates. Mayor Taylor said that she did not want that much power to lie with the Civil Service Board because then there will be a power struggle with the city manager. There being no discussion, the motion failed by a 3-2 vote. Commissioner Riley Yes Commissioner Holmes No Vice Mayor Kelley Yes Commissioner Pigatt No Mayor Taylor No C. RESOLUTIONS: 17. CITY MANAGER'S REPORT: City Manager Harrell said that a plan will be submitted to the board this week in order to start receiving franchise fees from the waste haulers. The board is taking all of the other pending resolutions in order of importance. They are working on the audit and the budget for the fiscal year will be sent to the state by August 1, 2017. Commissioner Holmes reminded the manager about the rain that is falling on the old city hall and the potential damage that it could cause. 18. OFFICIAL BOARD REPORTS: No reports at this time. 19. MAYOR/COMMISSION REPORT: Regular Commission Meeting Minutes—7/12/2017 6 Commissioner Pigatt asked the commission if it was okay for him to continue to have agenda briefings with the appointed officials. He spoke to the ethics board and they saw nothing wrong with the briefings. He has copies of the response and will distribute it to the commission. Vice Mayor Kelley said that he does not have a problem with off-site meetings, but is concerned with the toll that it may take on staff. Maybe once in a while, but an established pattern should not take place where staff is away for a period of time. When running for public office, sacrifices have to be made and this is one of them. He suggested the commissioner bring legislation for the commission to vote up or down. Commissioner Pigatt said that by doing this, the commission is going against the charter simply to prevent him from having these meetings as a newly elected official. Mayor Taylor said that while this may not be illegal, it is improper to have all of the appointed officials away from the City at once. All City business should be conducted in the City. She suggested conference calls or him taking his lunch break in order to have briefings. Commissioner Riley left at 8:34 p.m. 20. OFFICIAL BOARD APPOINTMENTS: 21. ADJOURNMENT: There being no further business to come before the Commission, it was moved by Commissioner Holmes, seconded by Vice Mayor Kelley to adjourn the meeting at 8:43 p.m. i MAYOR ATTEST: CITY CLERK Regular Commission Meeting Minutes—7/12/2017 7