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HomeMy Public PortalAbout09-Seotember 27, 2017 Regular Ciommission Meeting Minutes CITY OF OPA-LOCKA "The Great City" CLERK'S ACTION SUMMARY MINUTES REGULAR COMMISSION MEETING WEDNESDAY, September 27, 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, September 27, 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: Interim City Manager Ed Brown, City Attorney Vincent T. Brown, and City Clerk Joanna Flores. 3. INVOCATION: The invocation was delivered by Commissioner John Riley. 4. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was recited in unison. 5. AWARDS/PROCLAMATIONS/ACKNOWLEDGEMENTS: Commissioner Pigatt presented a commendation to James Muggin and the Dream Defenders for the work they did on behalf of the community during Hurricane Irma. Mayor Taylor thanked Holy Temple Church for their contribution during the hurricane and said that she is going to present them with a commendation. 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 13-2 (Commissioner Riley). A request was made to amend the agenda as follows: 14-B: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A REQUEST FOR PROPOSAL (RFP) FOR THE PREPARATION OF A FIVE YEAR FINANCIAL Regular Commission Meeting Minutes—9/27/2017 1 RECOVERY PLAN; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager It was moved by Commissioner Holmes, seconded by Commissioner Riley to amend the agenda to include item 14-B. There being no discussion, the motion to amend the agenda to include item 14-B passed by a 5-0 vote. Commissioner Pigatt Yes Commissioner Riley Yes Commissioner Holmes Yes 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 - April 12, 2017 It was moved by Commissioner Holmes, seconded by Commissioner Riley to approve the minutes from the Regular Commission Meeting of April 12, 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 Regular Commission Meeting Minutes - June 14, 2017 It was moved by Commissioner Holmes, seconded by Commissioner Riley to approve the minutes from the Regular Commission Meeting of June 14, 2017. There being no discussion, the motion passed by a 5-0 vote. Regular Commission Meeting Minutes—9/27/2017 2 Commissioner Riley Yes Commissioner Holmes Yes Vice Mayor Kelley Yes Commissioner Pigatt Yes Mayor Taylor Yes Regular Commission Meeting Minutes—June 28, 2017 It was moved by Commissioner Holmes, seconded by Commissioner Riley to approve the minutes from the Regular Commission Meeting of June 28, 2017. There being no discussion, the motion passed by a 5-0 vote. Commissioner Pigatt Yes Commissioner Riley Yes Commissioner Holmes Yes Vice Mayor Kelley Yes Mayor Taylor Yes 9. DISTRICT ONE/DISTRICT TWO - COUNTY COMMISSIONER REPORT: Larry Gardner, Commissioner Barbara J. Jordan's Office, District I, announced the 1 1th Annual Hispanic Heritage Festival that will be held this coming Saturday, September 30, 2017 at Country Village Park, 6550 NW 188th Terrace from 1:00 — 5:00 p.m. This event is free to the public. Mayor Taylor sent her regards to Commissioner Jordan. Commissioner Holmes said that speed signs need to be installed on 151st Street to make driver's aware of the limit. Cedric Brazle, Commissioner Jean Monestime's Office, District II, said that he does not have anything at this time, but made the commission aware that the county budget hearing will be held tomorrow at 5:01 p.m. downtown and is open to the public. Vice Mayor Kelley asked about the debriefing on Hurricane Irma. Mr. Brazle said that will also be held tomorrow before the budget hearing. 10. PUBLIC PRESENTATION: 11. CITIZENS' INPUT: Juan Melendez, 2341 Ali-Baba Avenue, said that he keeps receiving police citations regarding his auto sales business when the trucks come to unload the vehicles. He said he cannot afford to continue paying these and does not want to have to shut down his business. Interim City Manager Brown asked Mr. Melendez to speak with his assistant about the matter. 12. ACTION ITEMS: Regular Commission Meeting Minutes—9/27/2017 3 1 (13-2). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH KISHA'SHA B. SHARP, ESQ. FOR SERVICE AS A SPECIAL MASTER/MAGISTRATE FOR THE CITY OF OPA-LOCKA, FOR THE RED LIGHT CAMERA PAYABLE FROM ACCOUNT NO. 19-519994 AND IN THE CONTRACT FORM ATTACHED HERETO AS EXHIBIT "A"; 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 Commissioner Holmes, seconded by Commissioner Riley for discussion. Commissioner Riley said that the item added on to the agenda tonight was removed from the previous agenda on claims that there was no RFP. He said that agenda items can only be sponsored by the commission and the manager. He asked the clerk for clarity on who can sponsor and remove items from the agenda. City Attorney Brown said that ironically he sponsored two items last week that were neither removed, withdrawn, nor challenged. Under FL Statute 287 the retaining of special services for attorney type services are not required by RFP or any other type of solicitation. He will go along with the will of the commission,but wants to be clear that an RFP is not needed for attorney type services. Commissioner Riley withdrew his second. Mayor Taylor said that she does not want a tit for tat situation on the dais regarding this item. Commissioner Pigatt seconded the resolution. Mayor Taylor said that the same way they selected the last person should be done for the next person. Commissioner Pigatt asked if the item was supposed to go out for an RFP. City Attorney Brown said that under Florida Statute 287 that is not necessary. Previous special masters have not gone out for RFP. The names were presented to the commission and a selection was made. Commissioner Pigatt said that he is confused because if the attorney has always recommended the magistrate then why is this an issue. He reviewed the qualifications for the individual and they meet the criteria. Vice Mayor Kelley said that he always had challenges with how the magistrates were chosen and he thinks it should be put out for an RFP. Commissioner Holmes asked when the contract for the camera expires because he is ready to get rid of the whole thing. Regular Commission Meeting Minutes—9/27/2017 4 City Attorney Brown said that he will have to check in to the matter because he is unsure at this time. Vice Mayor Kelley said that he would like for it to be discontinued once the agreement has expired. A request was made to amend the agreement to reflect one year instead of three years. It was moved by Vice Mayor Kelley, seconded by Commissioner Holmes to amend the resolution. There being no further discussion, the motion on the amendment passed by a 5-0 vote. Commissioner Pigatt Yes Commissioner Riley Yes Commissioner Holmes Yes Vice Mayor Kelley Yes Mayor Taylor Yes There being no further discussion, the motion on the resolution passed by a 4-1 vote. Vice Mayor Kelley Yes Commissioner Pigatt Yes Commissioner Riley No Commissioner Holmes Yes Mayor Taylor Yes 13. CONSENT AGENDA: 1 (13-1). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, RETROACTIVELY APPROVING THE HIRING OF 300 ENGINEERING GROUP, P.A. AND AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR WATER DISTRIBUTION OPERATIONS ASSESSMENT & OPTIMIZATION IN AN AMOUNT NOT TO EXCEED $48,700.00; 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 Vice Mayor Kelley, seconded by Commissioner Riley to pass the resolution. The motion on the resolution 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—9/27/2017 5 14. NEW ITEMS: A. DISCUSSION ITEMS— Vice Mayor Joseph L. Kelley Letter from Eric Miller, Chief Inspector general dated September 20, 2017 Re: Outstanding Resolutions 1. Contracts that favor another parties interests over the City's interests 2. Retroactive approvals 3. Lawsuits and legal fees The commission discussed the above items relating to City business; no action was taken. City Attorney Brown pointed out that neither he nor the clerk are Cc'd on any of the letters that are sent from the governor's office regarding any oversight business. Mayor Taylor said that she will ensure that this is rectified and the attorney and the clerk be included on all future correspondences. Interim City Manager Brown said that the points addressed have more to do with legal. He spoke with the inspector general today and was informed that the concern was the amount of fees that the City had to pay and the lateness of some of them. Vice Mayor Kelley asked for a response from the manager of the conversation he had with the inspector general. Interim City Manager Brown said that he will present the requested information to the commission by Friday. 14-B: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A REQUEST FOR PROPOSAL (RFP) FOR THE PREPARATION OF A FIVE YEAR FINANCIAL RECOVERY PLAN; 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 Riley said that based on the letter that he received from the inspector general, why is an RFP needed? Interim City Manager Brown said that based on the information that the commission has before them, the inspector general told him to air on the side of caution and put out an RFP to ensure nothing will be coming back and the processed was followed through. Vice Mayor Kelley said that he does not like how this request for an RFP has come at the eleventh hour. There being no further discussion, the motion on the resolution passed by a 5-0 vote. Commissioner Pigatt Yes Regular Commission Meeting Minutes—9/27/2017 6 Commissioner Riley Yes Commissioner Holmes Yes Vice Mayor Kelley Yes Mayor Taylor Yes Commissioner Riley asked the manager how long will the RFP be put out. Interim City Manager Brown said that it will be put out for five to seven days and as early as tomorrow. 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 ORDINANCE 16-16 AMENDING THE ANNUAL ADOPTED GENERAL FUND BUDGET FOR THE FISCAL YEAR 2017-2018, COMMENCING OCTOBER 1, 2017, THROUGH SEPTEMBER 30, 2018; PROVIDING FOR EXPENDITURE OF FUNDS ESTABLISHED BY THE BUDGET; AUTHORIZING THE CITY MANAGER TO TAKE CERTAIN ACTIONS; PROVIDING FOR APPROPRIATION OF ALL BUDGET EXPENDITURES; PROVIDING FOR FEES CONSISTENT WITH APPROPRIATION AND AMENDMENT; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY; 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. There being no persons to speak on the public hearing, the public hearing was closed. It was moved by Commissioner Holmes, seconded by Commissioner Riley for discussion. Commissioner Riley asked the attorney if the ordinance contained a typographical error. City Attorney Brown said, "Yes." Commissioner Pigatt said that he would like to see the backup documents to support some of the line items so that he is making sound decisions regarding the budget. Regular Commission Meeting Minutes—9/27/2017 7 Vice Mayor Kelley said that he will support the item today because it is in first reading, but if he does not meet with the manager and budget personnel and get some of his concerns addressed, he will not support it on second reading. There being no further discussion, the motion on the ordinance passed by a 4-1 vote. Vice Mayor Kelley Yes Commissioner Pigatt No Commissioner Riley Yes Commissioner Holmes Yes Mayor Taylor Yes Commissioner Riley asked if there will be a workshop to deal with all of this. Mayor Taylor told the commissioner she would like to get through the agenda and then come back to his question. 2. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF OPA-LOCKA, ENTITLED "ADMINISTRATION," BY CREATING SECTION 2-67 TO BE ENTITLED "RESIDENTS' RIGHT TO KNOW," TO CODIFY THE LEGISLATIVE INTENT OF THIS ORDINANCE, DEFINE MATTERS THAT IMPACT RESIDENTS' QUALITY OF LIFE, PROVIDE THAT THE CITY COMMISSION SHAL ADOPT A PROCESS FOR REGISTERING NEIGHBORHOOD ASSOCIATIONS AND INDIVIDUAL RESIDENTS WHO CHOOSE TO REGISTER, REQUIRE TARGETED ELECTRONIC NEIGHBORHOOD NOTICES FOR MATTERS THAT IMPACT RESIDENTS' QUALITY OF LIFE, ALLOW FOR TIMELY OPPORTUNITIES FOR PUBLIC INPUT, SUPPLEMENT EXISTING PROVISIONS IN THE CITY CODE RELATING TO PROCEDURAL FAIRNESS IN QUASI-JUDICIAL HEARINGS, ALLOW A REGISTERED NEIGHBORHOOD ASSOCIATION OR INDIVIDUAL RESIDENT WHO CHOSES TO REGISTER TO REQUEST DEFERRAL OR RECONSIDERATION OF A MATTER IF SUCH MATTER IS NOT DULY NOTICED PURSUANT TO THIS ORDINANCE, PROVIDE THAT ANY AMENDMENT OR REPEALER OF THIS ORDINANCE SHALL REQUIRE THE AFFIRMATIVE VOTE OF 4/5THS OF THE CITY COMMISSION, DIRECT THE CITY MANAGER OR MANAGER'S DESIGNEE TO CONDUCT PERIODIC REVIEW AND PREPARE ANNUAL WRITTEN REPORTS, AND PROVIDE THAT THIS ORDINANCE SHALL BE ADMINISTERED BY THE OFFICE OF THE CITY MANAGER; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE. Sponsored by Vice Mayor Kelley 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 Vice Mayor Kelley, seconded by Commissioner Riley for discussion. Mayor Taylor told the vice mayor that this was a lot to take in and asked for a break down. Regular Commission Meeting Minutes—9/27/2017 8 Vice Mayor Kelley said that it is simply that when projects come into the City that the residents who will be impacted are notified of what is going on. Commissioner Pigatt commended the vice mayor for bringing the resolution. He had hoped that there was money in the budget for a P.R. person to handle these matters. There being no further discussion, the motion on the ordinance passed by a 4-1 vote. Vice Mayor Kelley Yes Commissioner Pigatt Yes Commissioner Riley Yes Commissioner Holmes Yes Mayor Taylor Yes B. SECOND READING ORDINANCE(S)/PUBLIC HEARING: C. RESOLUTIONS: 17. CITY MANAGER'S REPORT: Interim City Manager Brown said that he provided the commission with a package to review and is available to answer any questions they may have. Vice Mayor Kelley said that the welcome signs have been an issue before the hurricane and the City needs to do a better job of welcoming people in; this includes the plants and mulch around the signs. Commissioner Riley agreed. He also said that the City does not need to wait until the county or the state comes in to maintain the City. The debris blocking the sidewalks and downed signs are dangerous for children walking to and from school. Commissioner Holmes said that Code Enforcement should start writing citations for the people who are creating bulk piles. Interim City Manager Brown said that the county has asked that the City does not cite anyone for thirty (30) days. 18. OFFICIAL BOARD REPORTS: No reports at this time. 19. MAYOR/COMMISSION REPORT: Vice Mayor Kelley said that FEMA will be at Sherbondy Village tomorrow. He thanked Senator Nelson and Representative Stafford for their assistance with the relief efforts. He requested police presence around the City. He invited the community to Farm Share on next Wednesday, A conversation on Education with Dr. Gallon on next Thursday, and the Clergy Luncheon on October 19, 2017 at 11:30 a.m. He further mentioned that Florida City Government Week will be held next month. Regular Commission Meeting Minutes—9/27/2017 9 Mayor Taylor said that the expungement program was postponed because of the hurricane and will be rescheduled for February 2018. 20. OFFICIAL BOARD APPOINTMENTS: 21. ADJOURNMENT: There being no further business to come before the Commission it was mo -a by Commissioner Riley, seconded by Commissioner Pigatt to adjourn the meetin: at 9:07 %.m. 4/ M•� OR ATTEST: CITY CLERK Regular Commission Meeting Minutes—9/27/2017 10