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HomeMy Public PortalAbout07-July 26, 2017 Regular Ciommission Meeting Minutes CITY OF OPA-LOCKA "The Great City" CLERK'S ACTION SUMMARY MINUTES REGULAR COMMISSION MEETING WEDNESDAY,July 26, 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 26, 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 item was pulled from the Consent Agenda to be discussed separately under Action Items: pulled 13-1 (Commissioner Pigatt). 7. APPROVAL OF AGENDA: It was moved by Commissioner Holmes, seconded by Commissioner Riley 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 Regular Commission Meeting Minutes—7/26/2017 1 Mayor Taylor Yes 8. APPROVAL OF MINUTES: Special Commission Meeting Minutes - April 03, 2017 It was moved by Commissioner Holmes, seconded by Commissioner Riley to approve the minutes from the Special Commission Meeting of April 03, 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: Larry Gardner, Commissioner Barbara Jordan's Office, District I, said that he does not have anything to report, but will take any concerns that the commission may have back to Commissioner Jordan. The commission asked Mr. Gardner to give their regards to Commissioner Jordan. Cedric Brazil, Commissioner Jean Monestime's Office, District II, announced 3 events: The King Carter Street Naming, A Vendor Pre-Qualification Outreach Program, and A Back 2 School Book bag Giveaway. Vice Mayor Kelley said that he is working on a Community Cleanup Project and will inform the offices of the time and date. Mayor Taylor inquired with District II about the Mom & Pop Grant Programs. Mr. Brazil said that the program is closed for the rest of the year. Commissioner Holmes asked if Mr. Brazil can look into getting a tarp to put over the old city hall building. Mr. Brazil informed him that he would look into the matter. 10. PUBLIC PRESENTATION: 11. CITIZENS' INPUT: Eric Redmon, Villa Francine, asked about the reserve officers and them having to buy their own protective vests. He hopes that money will be put into the budget for them since they put on a uniform just like the regular police officers. George Suarez, 1341 Dunad Avenue, said that there is raw sewage coming from the ground near Regular Commission Meeting Minutes—7/26/2017 2 the park where his children play that smells. Something needs to be done about it or the children may fall ill. Vice Mayor Kelley asked for an update on the smell that is coming from the area; he said that these updates should be done periodically so that the residents are informed. Public Works Director Airia Austin said that they will contact the residents and provide an update,but the project is ongoing. Frank Gonzalez, 13051 Port Said Road, thanked Commissioner Riley for sending Officer Steele to the bay and looking into the towing situation and hopes that it will continue. Eva Bryant, 2130 NW 131st Street, said that she came and informed the commission of their living arrangements at the last meeting and the situation with the flooding and the smell has not changed. She wants to know what the commission's plans are for the residents or will they continue to live that way. Mayor Taylor asked the manager who owns the property and have they been contacted. City Manager Harrell said that the property is owned by the county and they said that they are addressing the issue. The county is who has to handle the problem even though Ms. Bryant is a resident. Commissioner Riley said that this problem comes from all of the large trucks that are riding down that street and are ruining it. Commissioner Holmes mentioned that on 139th Street and 22nd Avenue you almost cannot even drive down the street. A lot of the roads need repairing. Commissioner Pigatt said that a loan has been secured and there is a project to take care of that. City Manager Harrell informed the dais that there are currently no funds whatsoever to do any of the repairs they are speaking of for 2017 or 2018. Alvin Burke, 1240 Jann Avenue, said that he feels sad for the City. When the commission campaigned, they knocked on doors and got votes from the residents; but as soon as they took office, they forgot about the residents. He is concerned that when the county takes over the billing, the residents will still have to deal with the high water bills. The residents did not vote for the city manager, they voted for the city commission. Natasha Ervin, 670 Dunad Avenue, asked what she can do at the park to help because she chaperoned a field trip today and it was raining inside the bus with leaks everywhere. There is also flooding on Sherbondy Park. Since the City is short staffed, the supervisor need to step in and help get the work done. There are young people who are jumping the fence at Sherbondy Park and swimming in the pool; where is the police department? Some of these issues are easy fixes. Mayor Taylor told Mrs. Ervin that she will help her to look into what can be done about the bus. Regular Commission Meeting Minutes—7/26/2017 3 Vice Mayor Kelley said that cameras were to be installed with monitoring from the police department, so why did no one take notice of what was going on at Sherbondy Park. City Manager Harrell said this is her first time hearing about this and she will look into the situation. Former Commissioner Dorothy Johnson, 13724 NW 22"d Place, said that someone came to a previous meeting and stated that she was working on abolishing the City and that is her last thought. The City came out of its financial troubles before and it can do it again. The branding of the City needs work. The millage should be set by ordinance, not a resolution and there is a first and final reading public hearing and she has never heard of legislation being brought forth in that manner. There should be an opportunity for input. She said that when work is done around the City, there should be quality control checks to ensure the staff is doing what they are supposed to be doing. Vice Mayor Kelley asked the manager if there are supervisors going behind the employees to ensure that the work is being done. City Manager Harrell said that there is no formal form, but once the work has been done, the supervisor verifies the work and invoices are submitted if need be. 12. ACTION ITEMS: 1 (13-1). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, SETTING THE PROPOSED MILLAGE RATE AT 10.0000 FOR AD VALOREM TAXES FOR THE CITY OF OPA-LOCKA, FLORIDA, AS REQUIRED BY LAW, FOR THE BUDGET FOR FISCAL YEAR 2017-2018; ESTABLISHING THE DATE, TIME AND PLACE FOR THE FIRST AND FINAL PUBLIC HEARINGS TO CONSIDER THE PROPOSED MILLAGE RATE AND TENTATIVE BUDGET FOR FY 2017-2018; AND DIRECTING THE CITY MANAGER TO FORWARD A COPY OF THIS RESOLUTION TO THE MIAMI-DADE COUNTY PROPERTY APPRAISER; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager The above resolution was read by Attorney Brown. It was moved by Commissioner Holmes, seconded by Commissioner Riley for discussion. Commissioner Pigatt said that he is concerned that the millage rate is being set the highest in the state and there is no documentation to support it. Mayor Taylor asked the manager whose idea it was to set the millage at 10.0000. City Manager Harrell said that it was at the recommendation of the state that if the City wanted to survive, then that is what had to be done. Commissioner Riley said that this was done last year so this is a continuation of the same thing. Regular Commission Meeting Minutes—7/26/2017 4 Vice Mayor Kelley said that is still too high and it should come down even though the staff has said that it will affect the budget. Commissioner Pigatt said that he will be voting no on the item and if it comes back with the supporting documents he will reconsider it. There being no further discussion, the motion on the resolution passed by a 3-2 vote. Commissioner Pigatt No Commissioner Riley Yes Commissioner Holmes Yes Vice Mayor Kelley No Mayor Taylor Yes 13. CONSENT AGENDA: 1 (13-2). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE FINANCE DIRECTOR AND CHIEF OF POLICE TO SEEK FUNDING FOR EQUIPMENT AND TRAINING FROM THE EDWARD BYRNE JAG PROGRAM 2017, FOR POLICE PERSONNEL; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager 2 (13-3). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, DECLARING A MORATORIUM ON THE ISSUANCE OF MARIJUANA DISPENSARY LICENSES, FOR AN ADDITIONAL 180 DAYS, TO ALLOW THE PLANNING AND REDEVELOPMENT DEPARTMENT TO COMPLETE AND PRESENT A STUDY; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Attorney 3 (13-4). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE BROWN LAW GROUP, LLC, TO SUBSTITUTE IN AS COUNSEL, REPLACING GREENSPOON MARDER, P.A., IN REX GALINDO VS BRYAN FINNIE, CASE NUMBER 2011-39075-CA-08; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Attorney The above resolutions were read by Attorney Brown. It was moved by Vice Mayor Kelley, seconded by Commissioner Riley to pass the resolutions. The motion on the resolutions passed by a 5-0 vote. Commissioner Holmes Yes Vice Mayor Kelley Yes Commissioner Pigatt Yes Commissioner Riley Yes Mayor Taylor Yes Regular Commission Meeting Minutes—7/26/2017 5 15. PLANNING & ZONING: A. HEARINGS: B. APPEALS: 16. ORDINANCES/RESOLUTIONS/PUBLIC HEARING: A. FIRST READING ORDINANCE(S): 1. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AMENDING CHAPTER 22, ARTICLE VI, SECTION 22-160 — REGULATIONS FOR PARKING, STORING OR KEEPING COMMERCIAL VEHICLES, BOATS, BUSES, TRAILERS AND TRUCKS 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. Sponsored by City Manager The above ordinance was read by Attorney Brown. Mayor Taylor opened the floor for a public hearing. Former Commissioner Dorothy Johnson, 13724 NW 22nd Place, said that she needed clarification on whether or not the citizens will be able to park their recreational vehicles on their property. City Attorney Brown said that the title mentions commercial vehicles only; it is also in the whereas clause. Eric Redmon, Villa Francine, asked if the ordinance pertained to private property as well. City Attorney Brown said that if the commercial is parked in a private space that is viewable, then it can be cited by Code Enforcement. Natasha Ervin, 1201 Dunad Avenue, said that she does not agree with this ordinance as she is a business owner and this will hinder her from being able to earn a living. There being no further persons to speak on the public hearing, the public hearing was closed. It was moved by Commissioner Holmes, seconded by Commissioner Pigatt for discussion. Vice Mayor Kelley said that he is concerned that this will have an effect on small businesses like car wash trailers that fit on the owner's property. Commissioner Riley said that he also has an issue with the ordinance as some people may be able to accommodate the equipment and should not be fined. Regular Commission Meeting Minutes—7/26/2017 6 Commissioner Pigatt said that from his understanding, this only applies to large commercial vehicles and not smaller businesses like lawn trailers or BBQ hitches. He asked if this ordinance prohibited those things. City Attorney Brown said that the amendment focuses on different types of trucks. Commissioner Pigatt asked who proposed the legislation and requested that they explain it. City Manager Harrell said that she will withdrew the item so that staff can work on it and bring it back. B. SECOND READING ORDINANCE(S)/PUBLIC HEARING: C. RESOLUTIONS: 17. CITY MANAGER'S REPORT: City Manager Harrell said that the FEB sent documents to the commission for review and she can address any concerns they may have. She also provided a report to the commission and is ready to answer any questions they may have. Commissioner Holmes questioned the letter that Chief Inspector General Eric Miller asked Ed Brown to sign as a condition of being sworn in as city manager. Mayor Taylor said that she does not like this because the state is requesting this because they do not like who the commission hired. She said that if it were anyone else, they would not have to sign. City Attorney Brown said that at the time the agreement came into place, the current manager signed the agreement as acting city manager. The letter simply states that the state wants Mr. Brown to also sign the letter as acknowledgement that he has read the agreement and will comply with it. He does not know what the consequences are if Mr. Brown does not sign the letter or the commission directs him not to sign the letter. The authority to appoint the city manager lies with the city commission. Commissioner Riley said that the commission passed a resolution authorizing an agreement signed by the manager and that same agreement stands, it only asks that the new manager signed stating that he understands the agreement and will also have the same commitment. Commissioner Pigatt said that he does not see why this is a problem, this is easy and a nonissue. The manager needs to sign that he has read and complies with the executive order so the City can move forward. We need to ensure a great working relationship with the state and put everything in writing. There are more important issues going on. Vice Mayor Kelley said that he is concerned that the letter is saying something else, but if it gives the state some level of comfort, then he should just go ahead and sign it and move on. He asked the manager about the letter from the state regarding staff parking across the street from the municipal complex. Regular Commission Meeting Minutes—7/26/2017 7 City Manager Harrell said that she was contacted by the property manager from the state and was told that the state employees have to pay for parking, but are unable to do so because the City employees are taking up all of the space and not paying. City employee's cars will be towed after July 31, 2017 at the owner's expense. Commissioner Pigatt said that this is one of the situations where politics plays a role. This is the result of decisions that are made on the dais and the City needs to ensure a good working relationship with the state to avoid issues like this. He is also concerned about staff staying at the meetings so late. City Manager Harrell said that she wanted the staff to stay with her since this was her last day. Commissioner Holmes said that he will not support the letter from Ben Kuehne seeking hundreds of thousands of dollars against the City regarding the late Commissioner Terence Pinder because it is not right. 18. OFFICIAL BOARD REPORTS: No reports at this time. 19. MAYOR/COMMISSION REPORT: 20. OFFICIAL BOARD APPOINTMENTS: 21. ADJOURNMENT: There being no further business to come before the Commission, it was moved by Commissioner Riley, seconded by Commissioner Holmes to adjourn the meetin: at 9:19 p.m. ,111, (MAYOR ATTEST: r, CITY CLERK Regular Commission Meeting Minutes—7/26/2017 8