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HomeMy Public PortalAbout11-November 08, 2017 Regular Commission Meeting CITY OF OPA-LOCKA "The Great City" CLERK'S ACTION SUMMARY MINUTES REGULAR COMMISSION MEETING WEDNESDAY, November 08 7:00 P.M. 2017 Sherbond Villa a Auditorium 215 Perviz Avenue 1. OPa-locka,FL 33054 CALL TO ORDER: Mayor Myra Taylor called the in the Myra Taylor r Shed the meeting to order at 7:00 l nc h Florida. Y Village, 215 President Bara Oba Wednesday, November 08, 2017 ma (Perviz) Avenue, Opa- 2. ROLL CALL: The following members Mayor Joseph of the City Commission pg L• Kelley, were Mayor Josepr Matthew Kelley, Timothy present: Mayor Myra Attorney gatt. Also in Y Holmes Y L. Taylor, Vice y Vincent T. Brown, attendance were: Interim John and City Clerk Joanna Flores. City Manager Riley and 3. INVOCATION: g Ed Brown, City CATION: The invocation was delivered by Mayor Myra yra Taylor. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was recited in unison.son. , A WARDS/PROCLAMATIONS/ACKNO The commission and the AWARDS/PROCLAMATIONS/ACKNOWLEDGEMENTS: in Opa_locka for manager presented a providing uniforms for the O proclamation to oto 6. APPROVAL Pa-Hurricane's footb 11Rteam.of ROmO s Restaurant OF CONSENT AGENDA AND PULL LIST following items ST(deferrals and deletions Action Items: ere pulled from the ) ms: p were Consent Agenda to be Action 1 n ems: pul sinner (Mayor Taylor); withdraw discssed separately pulled 13_1 13-2, (City C mparately under 2, 13-3, and 13-4 Attorney Brown); pulled 13_ Commissioner Riley ommissioner pi 13-6 to this g Y made a motion to t gatt). agenda. Commissioner Riley After debate ake the item from the table at the last Commissioner Riley mongst the meeting, Y decided to add the commission and advisement meeting and add it item to the agenda for the from next regular attorney, A request was gular commission made to amend the agenda as follows: Regular Commission Meeting Minutes—11/08/2017 1 14-1: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, DIRECTING THE CITY MANAGER TO FREEZE ALL SALARIES AT THEIR 2016-2017 BUDGET ALLOCATION AMOUNTS FOR THE 2017-2018 FISCAL YEAR; AND COMPILE A REPORT REFLECTING THE COST SAVINGS ACHIEVED BY THE SALARY FREEZE, TO BE COMPLETE NO LATER THEN MARCH 31, 2018; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by Mayor Taylor It was moved by Commissioner Riley, seconded by Commissioner Holmes to amend the agenda to include item 14-1. There being no discussion, the motion to amend the agenda to include item 14-1 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 Vice Mayor Kelley, seconded by Commissioner Pigatt 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—May 10, 2017 It was moved by Commissioner Holmes, seconded by Commissioner Riley to approve the minutes from the Regular Commission Meeting of May 10, 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 Recessed Special Commission Meeting Minutes—July 11, 2017 Regular Commission Meeting Minutes—11/08/2017 2 It was moved by Commissioner Holmes, seconded by Commissioner Riley to approve the minutes from the Recessed Special Commission Meeting of July 11, 2017. 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 Regular Commission Meeting Minutes—July 12, 2017 It was moved by Commissioner Holmes, seconded by Commissioner Riley to approve the minutes from the Regular Commission Meeting of July 12, 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, said that he does not have anything at this time, but will take any concerns the dais may have back to Commissioner Jordan. Commissioner Holmes said that he received the memo regarding the signs and thanked Mr. Gardner for looking into it. Commissioner Pigatt said that he would like for the county to keep Opa-locka in mind while the Amazon project for the Carrie P. meek Foundation is going on. The residents and businesses should be involved and have their fair share of the thousand jobs that are going to be filled. Vice Mayor Kelley agreed with Commissioner Pigatt. Cedric Brazle, Commissioner Jean Monestime's Office, District II, said that he does not have anything at this time, but will take any concerns the dais may have back to Commissioner Monestime. Commissioner Riley said that 32nd Avenue south of 135t" Street still has not been touched. Vice Mayor Kelley sent regards to Commissioner Monestime. 10. PUBLIC PRESENTATION: Regular Commission Meeting Minutes—11/08/2017 3 John Lafferty, WSP Consultant for the Florida Department of Transportation, said that they are in the process of conducting a project environmental study that is a part of the county's Smart Plan. The project has been in the works for years, there have been many meetings regarding the plan with two coming up on November 15th and 16th; he encouraged the community to come out and be informed on what the future will hold for transportation in Miami-Dade County. Vice Mayor Kelley asked if further taxing will be required once the project moves forward. Mr. Lafferty said that they have not reached that stage in the planning as of et. The c analysis is comparing feasibility, costs, and transportation options. Y urrent Commissioner Pigatt asked what the decision process was for determining heavy rail vs. bus. Mr. Lafferty said they have not reached that stage as of yet and are in the research phase. are aware that rail is something that the community seeks, but nothing has been formalized. They Commissioner Riley asked if the study includes the original transportation plan from the 1980's. Mr. Lafferty said they are looking at several alternatives for transportation. 11. CITIZENS' INPUT: Brian Dennis, 2071 Rutland Street, said that Commissioner Holmes, Vice Mayor Kelley, and Commissioner Riley resemble the father, the son, and the Holy Ghost, and the three of together can rid the City of the corruption and clean up the community. There are contracts being them on the doled out with millions of dollars on the street and nothing to show for it. The items o agenda that include UWS and Ben Kuehne's demand for payment for litigation Commissioner Terence Pinder are egregious and should not be so. He told the late commissioners that they can effect change. three (3) Eloy Romo, 13300 NW 42"d Avenue, said that he is interested in purchasing the water property that has been abandoned for years. tower Commissioner Holmes asked if the property was up for sale. Commissioner Riley advised that it is not a water tower, but a water tank. Interim City Manager Brown said, "Yes." Commissioner Pigatt asked if this is the same property that is going to be voted on tonight. Interim City Manager Brown said, "Yes." g Ian Bachakauf, Ackerman Law Offices, presented pictures to the commission and s aid he registered as a lobbyist this morning on behalf of his client, Republic Metals Corporation located at 12900 NW 38th Avenue. He said that the pictures show that the entire 38th Avenue is in terrible i condition. It is a small street, but it is one of the most used as there are about 20 industr businesses in the area. He submitted a public records request to obtain a list of streets i al need of repair and the order of priority in which they are being repaired; he has yet to rec dire Regular Commission Meeting Minutes—11/08/2017 Y elve 4 anything. It is an embarrassment to his client when he is trying to do business and people come and see the condition that the City is in. Commissioner Holmes said that he understands where Mr. Bachakauf is coming from, but there is no money. If he could pay for it out of his pocket he would, but there is no money. Interim City Manager Brown said that he gave that project to the Public Works Director; the area is on the radar and is priority when the repairs begin. Commissioner Riley said that he has been vociferous about this area and something needs to be done. These are multi-million dollar businesses and the roads need to be repaired. Commissioner Pigatt said that he knows funds were set aside for infrastructure projects and wanted to know if this was one of the areas of priority. He asked that a meeting be held to discuss the priority of repairing the roads. Interim City Manager Brown said that he works at the will of the commission and there is a list of prioritized areas that will be dealt with first and this was one of them. Vice Mayor Kelley said that he appreciates the passion in the room about repairing 38th Avenue. But stressed that there are other areas in the City that need repairing. Commissioner Riley agreed. Former Commissioner Dorothy Johnson, 13724 NW 22nd Place, said that AT&T needs to repair the downed lines in her area, FPL has done their part, but AT&T needs to come out. She said that there were improvements passed in her tenure as commissioner, but nothing has been done. Who is following up on these things? Eric Redmon, Villa Francine, asked that the commission protect the tax payers. There are commissioners that say they want to do what is right and there are commissioners that say they are here for the people. They need to protect the tax payer dollars and do what is right. He supports resolution number five, but he does not support number seven. There is a ten million dollar($10,000,000.00) lawsuit hanging over the City's head and it cannot afford it. The attorne is costing the City money and something needs to be done. y Henry Isaac, 990 Arabia Avenue, asked the commission to help him by creating a public partnership to help youth who wish to be entrepreneurship in the global marketplace. Vice Mayor Kelley said that he will be in touch with Mr. Isaac. Antonette Mitchell, 14175 NW 22°d place, asked when the police explorer program will be open and running again. There are students who are interested in joining the program, but nothing is going on. Every other City has one and so should Opa-Locka. 12. ACTION ITEMS: 1 (13-1). A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA ENDORSING AND SUPPORTING THE MIAMI- Regular Commission Meeting Minutes—11/08/2017 5 DADE TRANSPORTATION PLANNING ORGANIZATION'S STRATEGIC MIAMI AREA RAPID TRANSIT (SMART) PLAN AND AUTHORIZING THE CITY MANAGER TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE MIAMI-DADE TRANSPORTATION PLANNING ORGANIZATION FOR THE DEVELOPMENT OF AN IMPLEMENTATION PLAN IN AN AMOUNT NOT TO EXCEED $12,600.00, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; 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 Pigatt for discussion. Vice Mayor Kelley said that he understands the Smart plan, but he is not willing to give money to anyone as the City cannot afford it at this time. If the City has twelve thousand dollars ($12,000.00) it should go to the parks or the seniors program. Commissioner Riley asked what this was about. Interim City Manager Brown said that it comes from the presentation at the last meeting and this is a continuation of that. Commissioner Riley said that is a county project and why aren't they funding it. Interim City Manager Brown said the commission can vote it up or down if they choose too. Commissioner Pigatt said that he pulled the item because he is a strong advocate of the Smart Plan. The commission should come to the table and let the county know what they want. A memo should be sent out along with the contract to let the county know that the City is favor of the transportation project. Vice Mayor Kelley said that this project has been presented before and nothing has come out of it. Commissioner Pigatt said that the City should let the county know that they are in favor of the project. All of the other Cities have complied with the county and so should Opa-locka. Mayor Taylor said that she does not want the project to kill Opa-locka and there should be a representative at the table to represent the City. She asked the manager to defer the item. Interim City Manager Brown agreed to defer the item. Commissioner Pigatt asked that the Planning and Community Development Director come and explain the project. Planning and Community Development Director Gregory Gay said that other municipalities have signed on for the project and Opa-locka is the last. The commission can defer the item until later in the meeting so he can research further. Mayor Taylor asked where the money would come from. Regular Commission Meeting Minutes—11/08/2017 6 Interim City Manager Brown said that the money would come from the reserves. City Attorney Brown suggested that the commission bifurcate the resolution and vote on the support of the item, but not the financial. Interim City Manager Brown withdrew his deferral of the item. There being no further discussion, the motion on the resolution passed by a 5-0 vote. Vice Mayor Kelley Yes Commissioner Pigatt Yes Commissioner Riley Yes Commissioner Holmes Yes Mayor Taylor Yes 2 (13-2). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, DECLARING CERTAIN CITY-OWNED PROPERTY `SURPLUS PROPERTY"; AUTHORIZING THE CITY MANAGER TO DISPOSE OF THE PROPERTY BY SALE, DEVELOPMENT, OR JOINT VENTURE; 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 there have been resolutions regarding this exact same thing and a resolution is not necessary. Commissioner Pigatt asked the commission to vote no on this item and come up with ideas for the use of these properties that can generate revenue for years to come. Vice Mayor Kelley said that properties were sold in the past and people promised that they would do certain things and have not kept those promises and the City does not benefit from that. The City should look for partnerships and people that want to invest with these properties. Interim City Manager Brown said that declaring surplus properties came from the commission, but he will yield to the will of the commission if that has changed. Some of these properties are eye sores or sit for long periods of time with nothing being done with them. It is best to get rid of them. Interim City Manager Brown deferred the item. 3 (13-3). A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, IN THE ABSENCE OF A QUORUM OF THE HISTORIC PRESERVATION BOARD, AUTHORIZING THE CITY MANAGER TO ISSUE A SPECIAL CERTIFICATE OF APPROPRIATENESS FOR THE STRUCTURE LOCATED AT 111 PERVIZ AVENUE IN OPA-LOCKA, FLORIDA REMOVING IT Regular Commission Meeting Minutes—11/08/2017 7 FROM THE OPA-LOCKA HISTORIC REGISTRY AND ALLOWING ITS DEMOLITION; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A CONFLICT AND REPEALER CLAUSE AND RESCINDING ALL ORDINANCES IN CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager The above resolution was read by Attorney Brown. It was moved by Commissioner Riley, seconded by Commissioner Holmes for discussion. Commissioner Riley said that the Opa Hotel was damaged during the hurricane and was demolished so it needs to be removed from the registry. Commissioner Pigatt said that the City needs to protect the Moorish architect and should not demolish these properties. Interim City Manager Brown said that some properties are City owned and may be preserved, but some are privately owned and you cannot tell someone what to do with their property. Commissioner Pigatt said that two (2) properties have demolished since he has been on the dais and these landmarks should be preserved. He asked the city clerk if there are applications for the Historic Preservation Board. City Clerk Flores said that she is unsure and will have to check and see if there are and if the members still desired to serve. Commissioner Pigatt asked that the applications on files for other boards need to be moved to the Historic Preservation Board. Mayor Taylor informed Commissioner Pigatt that the applicants may not want to serve on that board because they chose the board they wanted to serve on. Commissioner Holmes said that time is being wasted because the Opa Hotel has been torn down and the item needs to be voted on. There being no further discussion, the motion on the resolution passed by a 4-1 vote. Vice Mayor Kelley Yes Commissioner Pigatt No Commissioner Riley Yes Commissioner Holmes Yes Mayor Taylor Yes 4 (13-4). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, 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 DISASTER RECOVERY ANALYSIS IN ADDITION TO PREPARING DOCUMENTS FOR FEMA REIMBURSEMENT IN AN AMOUNT NOT TO EXCEED $150,000.00; PROVIDING Regular Commission Meeting Minutes—11/08/2017 8 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 Riley, seconded by Vice Mayor Kelley for discussion. Mayor Taylor asked for an explanation on the item. Interim City Manager Brown said that when the hurricane hit there was no staff in house to handle all of the obligations and the necessary documents for the reimbursable's from FEMA. Vice Mayor Kelley asked who chose this company and is the payment coming out of City funds. Interim City Manager Brown said that the company was handling the water and sewer situation for Public Works and the funds are reimbursable. Commissioner Pigatt said that he is very concerned that the company is being hired without going through the procurement process on the basis of an emergency. Interim City Manager Brown said that because a state of emergency had been declared, FEMA allows you to go through the process without procurement. Commissioner Pigatt asked how much money had been expended. Interim City Manager Brown said that he will provide a report tomorrow. He also said that it is in the statute that he has a right to do that as long as an emergency was declared and he presented the signed document to the commission. Commissioner Pigatt said that the City is looking to receive three point eight million dollars ($3,800,000.00) and it does not seem right. Interim City Manager Brown said that is why the company is needed because the City does not have the staff to prepare the documents. Commissioner Pigatt asked the city attorney to expound on the item. City Attorney Brown said that he had met with the manager's office several times and advised that an RFP should be put out. The manager told him that he was in his right to do so and having followed protocol he was able to bypass the code. Commissioner Pigatt asked to defer the item and bring back the information to support the resolution. Interim City Manager Brown said that the City is coming up on the ninety (90) day mark and this information needs to be provided. Many other cities have been submitted their information. There being no further discussion, the motion on the resolution passed by a 4-1 vote. Vice Mayor Kelley Yes Regular Commission Meeting Minutes—11/08/2017 9 Commissioner Pigatt No Commissioner Riley Yes Commissioner Holmes Yes Mayor Taylor Yes Mayor Taylor informed everyone that Amazon is hiring for the new distribution center and everyone should take advantage. 5 (13-5). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, DIRECTING AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE A SETTLEMENT AGREEMENT WITH UNIVERSAL WASTE SERVICES OF FLORIDA, INC., IN CASE NUMBER 2017-1268 (UNIVERSAL WASTE SERVICES OF FLORIDA, ET AL.,VS. CITY OF OPA-LOCKA, FL), WHICH WILL BE PRESENTED TO THE CITY COMMISSION FOR APPROVAL; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by Mayor Taylor The above resolution was read by Attorney Brown. It was moved by Commissioner Riley, seconded by Mayor Taylor for discussion. Commissioner Riley said that talks need to be had between both parties. Mayor Taylor said the City is facing a twenty million dollar ($20,000,000.00) lawsuit and it cannot afford it. They have already tried a lawyer's mediation and nothing came out of it. She asked the commission to allow the manager and a UWS employee to have a conversation and some kind of negotiation. Commissioner Holmes said that he does not respect the company and will not support the item in any kind of way. Commissioner Pigatt said that he cannot believe this is on the agenda. The City is currently in litigation and five of the seven counts have been dismissed. The manager should not be having conversations with UWS without any attorney's around. The City keep making itself look bad and it has to stop. He will not support the item. Mayor Taylor said that the conversation needs to be had so the City can stop the bleeding and paying out thousands of dollars in lawyer's fees. There being no further discussion, the motion on the resolution failed by a 3-2 vote. Commissioner Pigatt No Commissioner Riley Yes Commissioner Holmes No Vice Mayor Kelley No Mayor Taylor Yes 6 (13-6). 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 KENNETH BYRON WILLIAMS VS Regular Commission Meeting Minutes—11/08/2017 10 CITY OF OPA-LOCKA, CASE NUMBER 2017-000067-AP-Ol; 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 Commissioners Holmes. The motion died for the lack of a second. 7 (13-7). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AMENDING RESOLUTION 17-9415, AUTHORIZING THE CITY MANAGER TO PAY THE BROWN LAW GROUP, LLC FOR OUTSIDE LITIGATION SERVICES; 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 Vice Mayor Kelley for Discussion. Vice Mayor Kelley asked the attorney if there is a reason most of the invoices are late. City Attorney Brown said that he has a new billing system and the invoices needed to be adjusted; he is correcting a situation that had occurred. Commissioner Riley said that his challenge is that the rates seem to be high and different for small things like sending e-mails, telephone calls, speaking with staff, etc... The billing rates and the invoice rates need to be scrutinized. City Attorney Brown said that lawyer's bill on one tenth of an increment and that is the standard. Commissioner Pigatt said that something should be put in place or someone needs to catch these things so that this does not happen. Interim City Manager Brown said that it is not appropriate for him to micro manage the attorney because he reports to the commission and they should review his work. To ask him to do it is not appropriate. City Attorney Brown said that he does not have a problem sitting down with the finance director and going over the invoices so there are no issues. There being no further discussion, the motion on the resolution passed by a 4-0 vote. Commissioner Pigatt Yes Commissioner Riley Out of Room Commissioner Holmes Yes Vice Mayor Kelley Yes Mayor Taylor Yes Regular Commission Meeting Minutes—11/08/2017 11. 13. CONSENT AGENDA: 14. NEW ITEMS: 14-1: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, DIRECTING THE CITY MANAGER TO FREEZE ALL SALARIES AT THEIR 2016-2017 BUDGET ALLOCATION AMOUNTS FOR THE 2017-2018 FISCAL YEAR; AND COMPILE A REPORT REFLECTING THE COST SAVINGS ACHIEVED BY THE SALARY FREEZE, TO BE COMPLETE NO LATER THEN MARCH 31, 2018; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by Mayor Taylor The above resolution was read by Attorney Brown. It was moved by Commissioner Riley, seconded by Commissioner Holmes to pass the resolution. There being no 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 15. PLANNING & ZONING: A. HEARINGS: B. APPEALS: 16. ORDINANCES/RESOLUTIONS/PUBLIC HEARING: A. FIRST READING ORDINANCE(S): 1. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AMENDING CHAPTER 3 OF THE CODE OF THE CITY OF OPA-LOCKA, ENTITLED "ADVERTISING", BY AMENDING ARTICLE II, ENTITLED "SIGNS",BY AMENDING SECTION 3-24 ENTITLED "MAXIMUM SIZE" TO INCLUDE POLE SIGNS; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR ADOPTION OF ARTICLE; PROVIDING FOR AUTHORITY; PROVIDING FOR CODIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR CONFLICT; PROVIDING FOR LIBERAL CONSTRUCTION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Sponsored by Commissioner Riley The above ordinance was read by Attorney Brown. Regular Commission Meeting Minutes—11/08/2017 12 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. The motion died for a lack of a second. 2. 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 Commissioner Holmes The above ordinance was read by Attorney Brown. Mayor Taylor opened the floor for a public hearing. Willie Logan, Opa-locka CDC, came before the commission and asked that they support the ordinance because it will be good for the residents as they will have access to fresh fruits and vegetables. 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 supports the item, but has concerns about parking among other things. Mayor Taylor asked who will be maintaining the garden. Mr. Logan said that there will be employees from the CDC maintaining the garden. Commissioner Pigatt said that he supports the item, but there should be regulations in place for the community to abide by. He asked that it be amended to expand outside of the specific areas so everyone can have the opportunity to have a garden in their area. Planning and Community Director Gregory Gay, said that there is time between first and second reading to look into what the commissioner is talking about, but if someone wants to have a garden on their privately owned property, it does not require temporary use permit. There being no further discussion, the motion on the ordinance passed by a 5-0 vote. Vice Mayor Kelley Yes Commissioner Pigatt Yes Commissioner Riley Yes Commissioner Holmes Yes Mayor Taylor Yes Regular Commission Meeting Minutes—11/08/2017 13 3. 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 FOR REPEALER; SEVERABILITY;OCCUPANCIES PERMITTED; PROVIDING CODIFICATION; AND AN EFFECTIVE DATE. Sponsored by Commissioner Holmes The above ordinance was read by Attorney Brown. Mayor Taylor opened the floor for a public hearing. Willie Logan, Opa-locka CDC, came before the commission and asked that they support the ordinance because it will provide space for businesses. 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 his concern is that when there are meetings with the Planning Council, that what is said is being recorded in the minutes. Mayor Taylor asked who be overseeing the "certain activity" in the first whereas clause. City Attorney Brown said that it will go before the Planning Council and then go before the commission. There being no further discussion, the motion on the ordinance passed by a 5-0 vote. Vice Mayor Kelley Yes Commissioner Pigatt Yes Commissioner Riley Yes Commissioner Holmes Yes Mayor Taylor Yes 4. AN ORDINANCE OF THE AMENDING CHAPTERMIIS IOAR ARTICLE THE X CITY SIGNALIZED OPA- LOCKA, FORIDA, AM INTERSECTIONS SAFETY SECTION, GENERAL LAW AND DESIGN TION OF LOCAL HEARING OFFICER OF THE CITY OF OPA-LOCKA CODE OF ORDINANCES; PROVIDING FOR THE REPEAL PROVIDING FOR OF ALL ORDINANCES IN CFLICT FOR I CLUSIONH HEREWITH; THE CO SEVERABILITY; PROVIDING CODE; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Attorney 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 Regular Commission Meeting Minutes—11/08/2017 14 public hearing, the public hearing was closed. It was moved by Commissioner Holmes, seconded by Commissioner Pigatt to pass the ordinance. There being no discussion, the motion on the ordinance passed by a 4-1 vote. Vice Mayor Kelley Yes Commissioner Pigatt Yes Commissioner Riley No Commissioner Holmes Yes Mayor Taylor Yes 5. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AMENDING CHAPTER 2, ARTICLE XI, DIVISION 10, SEC. 2- 570.28 SPECIAL MASTER SELECTION OF THE CITY OF OPA-LOCKA ODS ON ORDINANCES; PROVIDING FOR THE REPEAL OF ALL ORDINANCES HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Attorney 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 Vice Mayor Kelley to pass the ordinance. There being no discussion, the motion on the ordinance passed by a 4-1 vote. Vice Mayor Kelley Yes Commissioner Pigatt Yes Commissioner Riley No Commissioner Holmes Yes Mayor Taylor Yes B. SECOND READING ORDINANCE(S)/PUBLIC HEARING: C. RESOLUTIONS: 17. CITY MANAGER'S REPORT: 18. OFFICIAL BOARD REPORTS: No reports at this time. 19. MAYOR/COMMISSION REPORT: Commissioner Riley said that he was out of the room when his ordinance died for the lack of a 15 Regular Commission Meeting Minutes—11/08/2017 second, but he just wanted to amend the ordinance so that gas stations can be in compliance with posting the gas rates on pole signs. Vice Mayor Kelley said that item seven received no traction,but he wants a report from the attorney on where the item stands since no one voted on it. He asked the clerk to see if there were appointments available so that he can make one. Mayor Taylor made a motion to cancel the meetings of November 22 and December 27 in observation of Thanksgiving and Christmas; it was seconded by Vice Mayor Kelley. Commissioner Pigatt announced that tonight makes one year since he was elected into office. He said that he will start voicing his opinion about the unfair treatment and disrespect he has been receiving as commissioner from his colleagues. 20. OFFICIAL BOARD APPOINTMENTS: 21. ADJOURNMENT: There being no further business to come before the Commission, it was moved by Vice Mayor Kelley, seconded by Commissioner Pigatt to adjourn the meeting at,10:32 p.m. 11 4 ( „al ..4,v) ()_.9-y/ -' MAYOR ATTEST: ' CITY CLERK Regular Commission Meeting Minutes—11/08/2017 16