Loading...
HomeMy Public PortalAbout09-September 20, 2017 Regular Commission Meeting Minutes CITY OF OPA-LOCKA "The Great City" CLERK'S ACTION SUMMARY MINUTES REGULAR COMMISSION MEETING WEDNESDAY, September 20, 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 20, 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 Vice Mayor Joseph L. Kelley. 4. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was recited in unison. 5. AWARDS/PROCLAMATIONS/ACKNOWLEDGEMENTS: The city commission acknowledged those that worked on behalf of the community to provide ice, water, and food during Hurricane Irma. The organizations/individuals include: Opa-locka CDC Pastor Issac Smith, New life in the City Emanuel Temple AME Ministerio Renuevo Teen Upward Bound Natasha Ervin Al Ervin Chris Roberts Alvin Burke Parks and Recreation Director Charles Brown Commissioner Riley acknowledged himself, 011ie B. Kelley, and Willie Logan from Opa-locka CDC (all were present) as the last pioneer elected officials from the 1980's. Regular Commission Meeting Minutes—9/20/2017 1 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 16(A)1 (Interim City Manager Brown); pulled 13-4, 13-5, and 13-6 (Commissioner Riley); and pulled 13-7 (Commissioner Pigatt). 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: A motion was made to defer the Special Commission Meeting Minutes of April 03, 2017 It was moved by Commissioner Holmes, seconded by Commissioner Riley to defer the approval of 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: 10. PUBLIC PRESENTATION: 11. CITIZENS' INPUT: Chris Davis, 490 Opa-locka Blvd, said that he is the community outreach designee for the Opa- locka Community Development Corporation and he is pleased to announce that on September 14th, 15th, and 16th OLCDC and its partners distributed disaster life supplies. He thanked the commission and everyone who provided their assistance on behalf of the community. A disaster task force relief committee has been formed and will be led by Yvette Harrell and interested parties can contact her. Regular Commission Meeting Minutes—9/20/2017 2 Natasha Ervin, 670 Dunad Avenue, said that the Hurricane brought the City and the community together and she was pleased with the leadership. Donations were provided for the feeding efforts, but she did not receive consent to disclose those individuals. Alvin Burke, 1240 Jann Avenue, said that while he was pleased with the efforts of the City in the aftermath of the hurricane, he thinks that all of the elected officials should have been on one accord with helping the residents. The majority came together, but there were one or two that were doing their own thing and this was during a time of crisis. He thanked everyone for lending a hand during this time. Commissioner Riley thanked the City staff for their time and efforts during the storm. Commissioner Holmes thanked those who checked on him during the storm. 12. ACTION ITEMS: 1 (13-4). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, REIMBURSING VINCENT T. BROWN, CITY ATTORNEY, FOR EXPENSES INCURRED DEFENDING A COMPLAINT THAT AROSE FROM PERFORMING HIS OFFICIAL DUTIES AND WHILE SERVING A PUBLIC PURPOSE, IN AN AMOUNT NOT TO EXCEED $5,000.00; 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 Riley, seconded by Vice Mayor Kelley for discussion. Commissioner Riley said that he thought an outside firm was hired for the attorney and the manager to deal with this matter. City Attorney Brown said that this was a separate case. Two (2) employees filed complaints stemming from the grand jury subpoenas and he retained a lawyer to defend him with the complaints. There being no further discussion, the motion on the resolution passed by a 5-0 vote. Commissioner Pigatt Yes Commissioner Riley Yes 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 PAY THE BROWN LAW GROUP, LLC, FOR COSTS ASSOCIATED WITH EVICTIONS AND OUTSIDE LITIGATION AS SET FORTH IN EXHIBIT "A"; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Attorney Regular Commission Meeting Minutes—9/20/2017 3 The above resolution was read by Attorney Brown. It was moved by Commissioner Holmes, seconded by Commissioner Riley for discussion. Commissioner Riley said that a settlement was done so where does this item come from. City Attorney Brown said that the item represents all of the work that he has done during the last nine (9) months. These are all of the cases that he provided outside litigation for; they are legal fees and not settlement cases. Vice Mayor Kelley said that he has always been concerned about outside costs and some of these should not have gone to litigation. He believes management and staff is putting the City in a position to have to deal with unnecessary lawsuits; the City needs to have better judgement to avoid these kinds of payouts. Commissioner Pigatt agreed with the vice mayor. He said that the City needs to make the intentional effort to abide by the law in addressing these cases. The invoices also need to be submitted in a more timely fashion. City Attorney Brown agreed and said that the invoice submission was an error with his Quick Books and that is the reason for the delay. Mayor Taylor asked if any of the cases have been satisfied so that the City can recoup. City Attorney Brown said that numbers 1, 2,4,6,7,8,10, and 13; most of them have been resolved. He said that he will provide a report via e-mail. There being no further discussion, the motion on the resolution passed by a 5-0 vote. Commissioner Pigatt Yes Commissioner Riley Yes Commissioner Holmes Yes Vice Mayor Kelley Yes Mayor Taylor Yes 3 (13-6). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, DIRECTING THE CITY MANAGER TO TAKE THE NECESSARY ACTIONS TO COLLECT ALL FEES AND REVENUE COLLECTED BY THE MIAMI-DADE TAX COLLECTOR FOR AND ON BEHALF OF THE CITY FOR THE PAYMENT OF SOLID WASTE SERVICES PROVIDED BY MIAMI-DADE COUNTY AND REMIT THE PAYMENT ON BEHALF OF THE CITY; 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 Riley asked that the administration revisit the MOU for this item. Regular Commission Meeting Minutes—9/20/2017 4 Vice Mayor Kelley said this matter has already come up and asked the manager where he was with reviewing the MOU. Interim City Manager Brown said that he is reviewing the MOU and his staff can provide an update with the conversation that was had with the county on yesterday. Assistant City Manager William Green said that the county is treating the City as though it is a part of unincorporated Miami-Dade County and as a result has billed the County's rate for solid waste on all of the TRIM notices. City Attorney Brown said the rate that the county charges the City is the rate they charge and you cannot use non-ad valorem dollars as a profit generator; it has to be use for what it is collected for. Mayor Taylor said that there is an ordinance that addresses fees and the county should not go against the ordinance for this MOU. City Attorney Brown said that you cannot collect more than what is to be charged for the service and the City ordinance is higher than what the county is charging. The ordinance will need to be amended to coincide with the MOU. Vice Mayor Kelley asked Commissioner Riley to defer the item so that the manager and the attorney can finish reviewing it. Commissioner Pigatt said that he is concerned with the resolution because the commission agreed to it only months ago and turning around and renege on the item is wrong; that's a problem. If the resolution passes, that would be a breach of contract with Miami-Dade County. There being no further discussion, the motion on the resolution passed by a 5-0 vote. Commissioner Pigatt Yes Commissioner Riley Yes Commissioner Holmes Yes Vice Mayor Kelley Yes Mayor Taylor Yes 4 (13-7). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, REQUIRING THE CITY MANAGER TO DEVELOP ADMINISTRATIVE POLICIES AND PROCEDURES FOR EACH DEPARTMENT TO BE IMPLEMENTED CITYWIDE; 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 Vice Mayor Kelley for discussion. Commissioner Riley said that the charter states that the City is a commissioner/manager form of government and it is the commission who are the policy makers. The departments can provide the policy to the manager who will forward it to the commission. Regular Commission Meeting Minutes—9/20/2017 5 Vice Mayor Kelley said that he knows the City has policies in place already even though they may not be best practices. He asked the manager if this is something that is warranted or is what is already in place sufficient. Interim City Manager Brown said that he get with the key departments to obtain the information and bring it back to the commission, but he does not want to dissect every department because that would be tedious. Vice Mayor Kelley asked that the resolution be amended to reflect that it is to come back before the commission before implementation. City Attorney Brown said that Section 3 will reflect that the item will be brought to the commission for adoption before implementation and this can be considered a friendly amendment. Commissioner Pigatt said that he is confused by the resolution and thought it was standard practice for the departments to provide the manager with the policy and procedures for their departments and then bring it back to the commission. Interim City Manager Brown said that it is a practice, but since he is new he does not know if the previous administrations were following the standard. Commissioner Pigatt asked the sponsor what happened that is requiring an item to be brought to direct the manager to do his job. Commissioner Riley said that because the commission is the policy makers, then the manager should bring the policies back for adoption and implementation. Commissioner Pigatt said that he is concerned about the resolution and does not want it to look like the commission is getting involved in the day to day operations of the City; he will not support the item. Commissioner Riley said that the resolution is as simple as he explained it and Commissioner Pigatt is looking into it too deep. Vice Mayor Kelley said that the commission should choose their words carefully not to inflame things as though there is some hidden agenda. He asked the attorney if he prepared the resolution and if it meets legal sufficiency. City Attorney Brown said, "Yes." Vice Mayor Kelley asked the attorney if he thinks the resolution is interfering with the manager's authority to handle the day to day operations. City Attorney Brown said, "No." There being no further discussion, the motion on the resolution passed by a 4-1 vote. Vice Mayor Kelley Yes Commissioner Pigatt No Regular Commission Meeting Minutes—9/20/2017 6 Commissioner Riley Yes 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, AUTHORIZING THE CITY MANAGER AND THE CITY POLICE CHIEF TO ENTER INTO AND EXECUTE A VOLUNTARY COOPERATION MUTUAL AID AGREEMENT (MAA) BETWEEN FLORIDA DEPARTMENT OF LAW ENFORCEMENT (FDLE) AND THE CITY OF OPA-LOCKA (THE PARTICIPATING AGENCIES) TO FORM A SOUTH FLORIDA CHILD ABDUCTION RESPONSE TEAM (CART), EFFECTIVE THROUGH AND INCLUDING DECEMBER 31, 2020, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; 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 AND CITY POLICE CHIEF TO DO ALL THAT IS NECESSARY TO EXECUTE A MUTUAL AID AGREEMENT BETWEEN THE CITY OF OPA-LOCKA AND THE CITY OF FLORIDA CITY FOR LAW ENFORCEMENT SERVICES AND RESOURCES, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager 3 (13-3). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A THIRD LEASE AMENDMENT WITH ARTS ACADEMY OF EXCELLENCE, INC., IN A FORM THAT IS ACCEPTABLE TO THE CITY ATTORNEY, ALLOWING THE TENANT TO INCREASE ITS RENTAL SPACE FROM 8,651 SQUARE FEET TO 12,309 SQUARE FEET EFFECTIVE OCTOBER 15, 2017; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager 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 14. NEW ITEMS: 15. PLANNING & ZONING: Regular Commission Meeting Minutes—9/20/2017 7 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 15-31; ESTABLISHING PERMITTED USES AND DEVELOPMENT STANDARDS FOR COMMUNITY GARDENS, URBAN GARDENS AND URBAN FARMS; CREATING DEFINITIONS AND ESTABLISHING A PERMIT AND APPLICATION PROCESS FOR THESE USES; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE. Sponsored by City Manager 2. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AMENDING CHAPTER 13 OF THE CITY CODE OF ORDINANCES AND CREATE ARITCLE XV, "TEMPORARY USES AND OCCUPANCIES", ESTABLISHING A PERMIT APPLICATION PROCESS AND HEARING NOTICE STANDARDS FOR TEMPORARY USES AND OCCUPANCIES IN WHICH A PERMIT IS REQUIRED; AMENDING ORDINANCE 15-31, CHAPTER IV, ENTITLED "TEMPORARY USES AND OCCUPANCIES" TO ESTABLISH THE ZONING DISTRICTS TEMPORARY USES AND OCCUPANCIES WILL BE PERMITTED; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE. Sponsored by City Manager 3. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AMENDING CHAPTER 13 OF THE CITY CODE OF ORDINANCES ENTITLED "LICENSES AND BUSINESS REGULATIONS" TO DEFINE THE FOLLOWING PRODUCT, LOW-THC CANNABIS, AND RELATED DEFINITIONS; AMENDING ORDINANCE 15-31, CHAPTER VI, ENTITLED "OFF- STREET PARKING," ESTABLISHING A MINIMUM PARKING REQUIREMENTS FOR "MEDICAL CANNABIS DISPENSARIES"; AMENDING CHAPTER 13 OF THE CITY CODE OF ORDINANCES, SECTION XX, ENTITLED "ZONING DISTRICTS AND REGULATIONS" BY CREATING SECTION 13-XX, ENTITLED "CANNABIS REGULATIONS AND USE" AND AMENDING SECTION 13-24-1 TO SECTION 13-24- 5, RELATING TO APPLICABILITY, DEFINING MEDICAL USE OF CANNABIS, DESIGNATING AREAS FOR THE USE, ZONING REQUIREMENTS RELATING TO THE USE, AND PROHIBITING CULTIVATION, PRODUCTION OR POSSESSION OF CANNABIS PLANTS; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE. Sponsored by City Manager The above ordinances were deferred by Interim City Manager Brown. B. SECOND READING ORDINANCE(S)/PUBLIC HEARING: C. RESOLUTIONS: Regular Commission Meeting Minutes—9/20/2017 8 17. CITY MANAGER'S REPORT: Vice Mayor Kelley asked the manager about job opportunities for the City since city wide clean- up is something he wants to work on. He also mentioned customer service training for staff. Interim City Manager Brown asked the H.R. Director to come before the commission. Human Resources Director Kierra Ward said that the funding was set aside for training and she submitted a six (6) month proposal to the manager for this. Mayor Taylor said that she agrees with the need for customer service training for staff. Commissioner Holmes asked the manager to see about getting generators for all city buildings so that people can have somewhere to go during times of disaster when the power goes out. Commissioner Pigatt thanked the manager, City staff, organizations, churches and businesses for coming to work to provide a service on behalf of the City and the residents. Interim City Manager Brown thanked all of the staff who worked before, during, and after the storm without a day off. 18. OFFICIAL BOARD REPORTS: No reports at this time. 19. MAYOR/COMMISSION REPORT: Vice Mayor Kelley said that he met with Mr. Crap from the Meek Foundation regarding the Amazon project and they are working toward job opportunities for the residents. The Conversation on Education: The Next Step meeting will be held on October 5, 2017 at 6:00 p.m. at Sherbondy Village. The Clergy Luncheon will be held on next Thursday at 11:30 a.m. at Segal Park. City Attorney Brown announced that he will be out of town next week to attend the Congressional Black Caucus in Washington D.C.; Assistant City Attorney Michele Samaroo will act in his place. 20. OFFICIAL BOARD APPOINTMENTS: 21. ADJOURNMENT: There being no further business to come before the Commission, it was moved by Commissioner Riley, seconded by Vice Mayor Kelley to adjourn the meeting at 8:51 p.m. Al AYOR Regular Commission Meeting Minutes—9/20/2017 9 ATTEST: ' ')--'LV)`---1 CITY CLERK Regular Commission Meeting Minutes—9/20/2017 10