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HomeMy Public PortalAbout12-December 13, 2017 Regular Commission Meeting Minutes CITY OF OPA-LOCKA "The Great City" CLERK'S ACTION SUMMARY MINUTES REGULAR COMMISSION MEETING WEDNESDAY, December 13, 2017 7:00 P.M. Sherbondy Village Auditorium 215 Perviz Avenue Opa-locka, FL 33054 1. CALL TO ORDER: Mayor Myra L. Taylor called the meeting to order at 7:00 p.m. on Wednesday, December 13, 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 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: Mayor Taylor acknowledged that Commissioner Pigatt completed training with the Florida League of Cities and received a certificate of completion in Jacksonville, Florida. Commissioner Holmes acknowledged Larry Gardner for all of his hard work on behalf of the City. 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: deferred 13-1 and 13-2 (City Manager Brown); deferred 13-3 (City Attorney Brown); pulled 13-4, 13-7, 13-10, 13-11, and 13-13 (Commissioner Pigatt); pulled 13-16 (Vice Mayor Kelley). 7. APPROVAL OF AGENDA: It was moved by Vice Mayor Kelley, seconded by Commissioner Riley to approve the agenda, Regular Commission Meeting Minutes—12/13/2017 1 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 City Clerk Flores acknowledged a correction that was made on the minutes for the Regular Commission Meeting of September 20, 2017. The original agenda reflected a vote on item 13-6 when it was tabled; that is the only correction on the minutes. 8. APPROVAL OF MINUTES: Regular Commission Meeting Minutes — September 20, 2017 It was moved by Vice Mayor Kelley, seconded by Commissioner Riley to approve the minutes from the Regular Commission Meeting of September 20, 2017. There being no discussion, the motion passed by a 5-0 vote. Vice Mayor Kelley Yes Commissioner Pigatt Yes Commissioner Riley Yes Commissioner Holmes 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 any reports or announcements at this time, but will take anything the commission may have back to Commissioner Jordan. Mayor Taylor sent regards to Commissioner Jordan. Cedric Brazil, Commissioner Jean Monestime's office, District II, said that he sent Commissioner Riley's request for the medians on 135th Street to the correct department multiple times and was told that they had to wait because the hurricane debris sanction needs to be complete. Commissioner Riley told Mr. Brazil that it is the hurricane debris that is sitting out on the median. Mr. Brazil said that he will follow up with the commissioner's request. Commissioner Holmes presented Mr. Brazil with token of appreciation for all that he has done on behalf of the City. He then wished everyone a Happy Holiday and a prosperous New Year. Regular Commission Meeting Minutes—12/13/2017 2 10. PUBLIC PRESENTATION: 11. CITIZENS' INPUT: Natasha Ervin, 670 Dunad Avenue, Opa-locka, Florida, invited everyone to the Toy-Drive on December 23, 2017 at 11:00 a.m. She thanked the manager and Commissioner Riley for providing resources for the drive. Shalonda Rivers, 13875 NW 22nd Avenue, Opa-locka, Florida, thanked everyone in the City that have helped her apartment complex in any way they can, but wanted them to know that the new manager Ms. Moon sent an email stating that most of the residents are satisfied with the living conditions and this is not true. The rats are running amuck and there is mold everywhere. City Manager Brown said that the information that is being provided is being forwarded to HUD when it is received in the manager's office. He asked that she continue to put the pressure on management so that they can do something about what is going on at 22nd Avenue Apartments. Cheryl Hunter, 420 Aladdin Street, Opa-locka, Florida, said that they have a new building and they do not have a rodent problem, but there are roaches because this is Florida. She said that the problem is bullying and intimidation in her complex and it is with management. They are pushing out all of the black residents and it is not right. She will be pursuing a civil suit against the complex. She is also on her third two thousand dollars ($2,000.00) repairing her car because of the potholes are in her area. The first two times she did not know what to do, but someone has told her to take pictures of the road, call the police and submit it to the City; she went through the process to no avail. This was months ago and it is costing her a lot of money. Commissioner Riley noted that Mimi-Dade County Commission on Human Rights handles housing discrimination and it is handled on an emergency basis. He asked Mr. Gardner to assist them with contacting that department for assistance. Mr. Gardner acknowledged Commissioner Riley. Mark Ameda, 3150 NW 135th Street, Opa-locka, Florida, said that there is a water bill that is twenty or thirty times higher than normal and he wants to take care of it. He has met with management, but it has not been resolved. This is a four unit building and it's challenging for him not to have water. The owner passed away and he wants to see what he can do to turn the water back on. Vice Mayor Kelley said that he did receive the email from Mr. Ameda and he forwarded it to the manager. He has not seen an update since then so he does not know where it stands. Commissioner Riley asked when the building was occupied because it has been vacant for some time. Mr. Ameda said that the main reason it had been occupant is because the owner was up in age and the water bill was spiraling out of control. Mayor Taylor asked Mr. Green to work with Mr. Ameda to come to some form of resolve for his situation. Regular Commission Meeting Minutes—12/13/2017 3 Ian Bacheikov, 945 Pennsylvania Avenue, Miami Beach, Florida, said that he is representing Republic Metals Corporation and wants to know the progress of what is going on with the finances and when the audits will be complete. His client wants to know when the Cairo Lane project will continue. In addition, they have a property where the water bill has gone from forty to eighty dollars ($40.00 - $80.00) a month to twenty four hundred dollars ($2,400.00) a month. They hired a plumber and as soon as they receive the results, they will be contacting the manager's office. Alvin Burke, 1240 Jann Avenue, Opa-locka, Florida, said that there is a fair housing and nuisance abatement board that is inactive and asked that the commission look in to reactivating it so that the residents can have somewhere to go rather than bring it all to the commission meeting. Mayor Taylor asked that Mr. Burke go in to the community and seek out residents who may want to serve so that the board can become active. Commissioner Pigatt encouraged the citizens to sign up to serve on the City boards so they can become member; he will make the appointment at the next meeting if anyone is interested. Natanya Williams, 13875 NW 22nd Avenue #136, Opa-locka, Florida, said that she has had a leak for over one year or more in her bathroom. It has caused molding that management has simply painted over and she believes it has made her four (4) year old baby sick. Maintenance has left a hole in her roof for over six (6) months and she has pleaded with them to close it because there are rats and roaches coming in; she is preparing to stop paying her rent because of the conditions. Mayor Taylor informed Ms. Williams to speak with the Building Official regarding her issues. Commissioner Holmes said that no one should live that way and asked that someone go out and look into what is going on. Code Enforcement was directed to visit the 22nd Avenue Apartments. Mayor Taylor announced all of the activities that were going to be held for the month were on flyers on the back table. She also repeated the Booster Club's announcement about the Toy- Drive on the 23`d Vice Mayor Kelley announced the MLK Walk will be held next month on the 14th of January and invited the public to attend. 12. ACTION ITEMS: 1 (13-4). 4. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO DO ALL THAT IS NECESSARY TO ACCEPT GRANT FUNDING FROM MIAMI-DADE COUNTY IN THE AMOUNT OF $250,000.00 FOR THE OPA-LOCKA COMMUNITY CARE AND RESOURCE CENTER RENOVATION PROJECT; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager Regular Commission Meeting Minutes—12/13/2017 4 The above resolution was read by Attorney Brown. It was moved by Commissioner Pigatt, seconded by Commissioner Riley for discussion. Commissioner Pigatt thanked City staff for securing the grant. He met with the residents down in the triangle who expressed their concerns for re-opening the community center and is glad it is moving forward. Vice Mayor Kelley said that this has been in the works for some time and part of the direction that was given is that the commission provides input with what staff thinks it should be. He asked that a workshop be held in the future to determine how the funds will be used. City Manager Brown said that is fine and asked for a time certain when the workshop will be held for discussion on how to use the funds. Vice Mayor Kelley said that it was recommended before a workshop that staff come up with two or three options for how the funds should be used and he thought this had been done. Commissioner Pigatt asked for a date for the workshop. Mayor Taylor said that she does not want to put that out at this time, but she certainly wants to get the information out to the residents in that area that something is being done. Commissioner Pigatt asked the manager what is the timeframe before the work will start. City Manager Brown said there is no timeframe frame because the City has not put out an RFP. The RFP will be put together between the City and the CDBG and Mr. Ron Williams. He said once everything is put in place, it should be no later than the first week in February. Commissioner Pigatt said that a workshop should be had around the two regular meetings in January so the residents can come out and give their input. Vice Mayor Kelley said that he does not think that the manager should lock in a time or date at this time and they are not ready for it. If anything comes up, then the manager can come back. Commissioner Riley asked that the commission stick to the agenda. Mayor Taylor asked if the name of the building changed from the Young, Bowers, and Brown Cultural Center. City Manager Brown explained that it is a scrivener's error and will be corrected. 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 Regular Commission Meeting Minutes—12/13/2017 5 Mayor Taylor Yes 2 (13-7). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, CONFIRMING ED BROWN AS CITY MANAGER AND APPOINTING A REPRESENTATIVE TO NEGOTIATE A CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, DELINEATING TERMS, CONDITIONS AND COMPENSATION FOR HIS EMPLOYMENT TO PRESENT TO THE COMMISSION FOR RATIFICATION; 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 for discussion. Commissioner Pigatt said that he pulled the item to reiterate that Mr. Brown was hired by a 3-2 vote and he still does not agree and does not consent to his appointment at this time. Vice Mayor Kelley said that he needs clarification on the second whereas. During the appointment it was determined that the appointment would be made pending a level two background check. He now sees that it has been waived if the candidate lives in the state, so when did that change? City Attorney Brown said that in his discussion with the manager and the mayor, they were of the opinion that the level two background check was required only to the extent that there was an applicant from outside of the State of Florida. Vice Mayor Kelley said that he does not understand how it can be changed because if it was included in the resolution, it was supposed to be done. Since it was the mayor's item, he asked her where the waiver came from. Mayor Taylor said that the word waive was not actually used in the discussion, but it came on the fact that some of the candidates were out of the state, so it was needed. Because this candidate is inside of Florida, then it was determined that the level two was not needed. Commissioner Riley said that the original resolution says that until a level background check for ninety (90) days or whichever comes first and the resolution passed. Vice Mayor Kelley said that this resolution does not state that. The question now is if there was ever a level two background check done. Mayor Taylor said the level two background check has been done. Commissioner Riley asked for the Human Resources Director to come before the commission and explain. Human Resources Director Kierra Ward said that Mr. Brown completed the level two background check this morning because H.R. received access from F.D.L.E. via the F.B.I. on last week. There was an issue with the fingerprinting machine at the police department and the repair had to be made prior to them being able to run a background check. Regular Commission Meeting Minutes—12/13/2017 6 Vice Mayor Kelley said that he wants to go along with what was passed so they are consistent. He did not vote on it this way initially. Commissioner Pigatt reaffirmed with the attorney that the resolution as it stands, states that since the ninety (90) days have expired and the level two background check has not been complete, if this means Mr. Brown is no longer the interim city manager. City Attorney Brown said that is how the resolution reads, but the commission can amend the item tonight and remove the second whereas and move forward with approving Mr. Brown as city manager, then that is their prerogative. Commissioner Riley asked that the commission omit the second whereas, vote on the resolution, and negotiate the contract. City Attorney Brown said that cannot be done because if you look at the resolution, in the sixth whereas, it states that the appointment of the city manager should not exceed three months and will terminate upon completion of the level two background check. Commissioner Riley said or whichever occurs first. City Attorney Brown said if the commission were to move on the resolution, the mayor amending her resolution, withdrawing the second whereas, and not inserting the sixth whereas in item 13-9397. Commissioner Riley said then the commission would still have to wait on the background check. Mayor Taylor confirmed that she was removing the second whereas. Commissioner Pigatt asked if based on what the attorney said, that means Mr. Brown is no longer the manager. City Attorney Brown said that is what it reads on its face, however, if the commission chooses to remove the second whereas and approve Mr. Brown as the city manager, then that is their prerogative. Commissioner Pigatt asked if his term has terminated, then should he be acting as city manager. City Attorney Brown said that the commissioner never acted on it, so it could have terminated, but it did not terminate because he has still been serving as city manager beyond the ninety day period. He said that many times there are timelines in resolutions and there is no recall of those deadlines. It is important to create some sort of scheduling system in all resolutions that pass which have a deadline so that the commission can know, the staff can know that the deadline is approaching so that the can deal with the deadlines. Commissioner Riley said that the termination is the appointment of an interim city manager. He asked the mayor to eliminate the second whereas and move on the item so that all of this can be cleared up. Mayor Taylor asked the attorney to remove the whereas in question and move the item. Regular Commission Meeting Minutes—12/13/2017 7 City Attorney Brown said that he provided the mayor with notes earlier today and it needs to be read in to the record. He read the following into the record: The commission believes it is in the best interest of the City to confirm Ed Brown as city manager and to appoint the mayor or her designee to negotiate the terms, conditions, and compensation of the city managers employment. This amendment goes into the fourth whereas on this item. 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 Mayor Taylor appointed Commissioner Riley as designee to negotiate the contract for the city manager. She asked her colleagues if they had any opposition to this appointment to which they did not. She then congratulated Ed Brown on his appointment to the position of city manager. 3 (13-10). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, DIRECTING AND AUTHORIZING THE CITY MANAGER TO TALK 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), AND PRESENT HIS REPORT TO THE CITY COMMISSION FOR APPROVAL; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by Commissioner Riley and 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 he co-sponsored the item because it does not hurt to talk to anyone. Based on what the City is facing and the level of services that he is seeing, he thinks it would not hurt. The results of that talk can be brought back to the commission so they can determine if an executive session is needed. Commissioner Pigatt said that he cannot believe this is actually a resolution. The City is currently in litigation with this company and everything that is said can be held in a court of law. It is very irresponsible to have the city manager speak to another party without the City's attorney's present. To ask someone outside of that can hurt the City; this does not seem right. Mayor Taylor said that the bleeding needs to stop. Every time an attorney does something about this case on behalf of the City, there is a cost. She said that certain counts of the litigation are still effect and the City should give it a chance. It will not hurt anything and the City should give it a chance. She asked the attorney if the amount of the lawsuit has increased at this point. Regular Commission Meeting Minutes—12/13/2017 8 City Attorney Brown said that it is still at ten million dollars ($10,000,000.00). The City's answer to the amended complaint is due tomorrow and from the conversation with the attorney's, a response has been prepared and an additional motion to dismiss. Mayor Taylor maintained her stance on allowing the city manager to talk with the company and bring the response back to the commission in an executive session. She asked the manager if there was a contingency fund for the legal. City Manager Brown said only what has been budgeted for FY 2017 —2018. Mayor Taylor asked to give the situation a chance and allow for a discussion between the two parties. Commissioner Pigatt asked the attorney for his legal opinion on what is going on. Commissioner Riley called for a point of order and said that they are not getting in to any legality and just wants there to be a discussion. Commissioner Pigatt said that a point of order is called when parliamentary procedure has been broken. He asked what procedure he has broken for there to be a point of order. The resolution is asking for a representative who is not an attorney to go and speak to this company when the City is currently in litigation. Vice Mayor Kelley said that the attorney had already provided the information on Commissioner Riley's point of order and did he want him to repeat what he said. Commissioner Pigatt said, "Yes." City Attorney Brown said that Commissioner had come to him prior and asked if it was a good idea to have the manager meet with UWS and the attorneys at Holland & Knight said that they did not think it was a good idea to do that. He had forwarded the response from the lead counsel to Commissioner Pigatt. Mayor Taylor said of course they would object to it, but it is not illegal or improper to have both parties meet. City Attorney Brown said that he met with them one weekend and they were unwilling to move from the ten million dollar ($10,000,000.00) amount. Vice Mayor Kelley said that when this item came up before he did not say anything about it because it had the word negotiate in it. He also reached out and wanted clarity from the outside attorneys and what they thought about it. Their opinion was that even if the manager was going to meet with UWS, it is their opinion that there should be some kind of counsel there. Now he is hearing that a motion will be filed tomorrow. He respects everyone opinion, but as much as the City is paying the attorneys, their advice should be heeded to. He always airs on the side of legal when it comes to these matters. Commissioner Riley wanted to put on the record that when he brings up a point of order it is if the item that is before the commission is an item and if the discussion has nothing to do with the item, then it is out of order and improper. Regular Commission Meeting Minutes—12/13/2017 9 The item was withdrawn by the sponsors. 4 (13-11). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, DIRECTING THE CITY MANAGER AND CITY ATTORNEY TO TAKE APPROPRIATE ACTION AGAINST ANY DEVELOPMENT WHICH HAS FAILED TO MEET A DEVELOPMENT DEADLINE THAT WAS A CONDITION OF CITY COMMISSION APPROVAL; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by Vice Mayor Kelley The above resolution was read by Attorney Brown. It was moved by Commissioner Riley, seconded by Vice Mayor Kelley for discussion. Vice Mayor Kelley said that one of the challenges that the commission has had over the years is that the commission passed various legislation to aide businesses with development. They make money on the transaction, but do not maintain their end of the agreement while making money off of the City. The City needs to enforce these agreements and make sure that there is benefit to the City while these companies are profiting. The City wants developers to come in, but there has to be an incentive. A lot of these companies only make money in the interim or some of the properties become eye sores and sit there for years. Commissioner Riley asked if there were specific properties in question. Vice Mayor Kelley said that information should be found in the manager's office. Commissioner Pigatt said that he pulled the item because many times when legislation is brought forth, there is a lack of supporting documentation. He does not want to make a decision as soon as he finds out what it is about and would like for the documents to be provided in advance. He proposed a friendly amendment to the vice mayor to see if the city manager can conduct a feasibility study to identify all of those properties that are in violation of any agreements and bring it back to the commission so they know the specifics. Vice Mayor Kelley said that he understands what Commissioner Pigatt is requesting, but he does not want to do it that way. The developers will get wind that the City is intending to do something about it and will try to make minimal effort in an attempt to look like they are doing something. He does not have a problem with the manager providing a list, but that will cause them to pretend to do something because they have not met the deadline. He is ready to move on the item and take a vote. Commissioner Pigatt said because of the timing of it, he literally does not know what these developments are because he is new to the dais and does not know what the commission is referring to. He wants to know what action the commission is taking today without any clear documents, so that the manager and the developers can be held accountable. Mayor Taylor asked what good it will do to have a list of these properties and if the commissioner is going to call the developers. Regular Commission Meeting Minutes—12/13/2017 10 Commissioner Pigatt said that they can keep up with what is going on with the agreements. Mayor Taylor said that it is not the commission's job to track developments. She asked the manager whose job is it to track developments. City Manager Brown said that there is a tracking. Mayor Taylor said that she agrees with the vice mayor and wants to make sure there is a department that is tracking these properties. Commissioner Pigatt made a request to receive the list of properties. There being no 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 5 (13-1). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE ISSUANCE OF A REQUEST FOR PROPOSALS (RFP) FOR DISASTER RESPONSE, RECOVERY, GRANT MANAGEMENT AND ENGINEERING CONSULTANT SERVICES; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AN AGREEMENT FOR DISASTER RESPONSE, RECOVERY, GRANT MANAGEMENT AND ENGINEERING CONSULTING SERVICES, 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 Riley, seconded by Commissioner Holmes for discussion. 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 Yes Commissioner Holmes No Mayor Taylor Yes 6 (13-13). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, DIRECTING THE CITY MANAGER TO PROVIDE A REPORT TO THE CITY COMMISSION ON THE STATUS OF THE CITY OF OPA-LOCKA EDUCATION & SCHOLARSHIPS FOUNDATION, INC. AND THE CITY OF OPA- LOCKA'S EDUCATION COMPACT WITHIN THIRTY (30) DAYS; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by Vice Mayor Kelley Regular Commission Meeting Minutes—12/13/2017 11 The above resolution was read by Attorney Brown. It was moved by Vice Mayor Kelley, seconded by Commissioner Riley for discussion. Commissioner Pigatt said that he pulled the item because he was impressed by former Commissioner Dorothy Johnson's partnership for education and he is glad it is coming back; he hopes that it will sustain despite of who is in office. 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 Yes Commissioner Holmes Yes Mayor Taylor No 7 (13-16). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, DIRECTING THE CITY MANAGER TO CONDUCT A FEASIBILITY STUDY ON ESTABLISHING SPECIAL TAXING DISTRICTS AND/OR ASSESSMENTS IN OPA-LOCKA, FLORIDA AND PROVIDE A REPORT TO THE CITY COMMISSION WITHIN THIRTY (30) DAYS; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by Commissioner Pigatt The above resolution was read by Attorney Brown. It was moved by Vice Mayor Kelley, seconded by Commissioner Pigatt for discussion. Vice Mayor Kelley said that there is too much going on at this time in the City to try and establish taxing districts. He can see some challenges or some areas that may be affected one way or the other. Commissioner Pigatt said that he brought the item to the commission because there are over eighteen million dollars ($18,000,000.00) in infrastructure projects going on throughout the City and it has taken many years to move on these projects. After speaking with the business owners, there are more than a few who are willing to assist with the cost of repairing the roads and streets. For the City to move on it and provide relief to the tax payers, the study needs to be done to see if this is feasible. Commissioner Riley said that this cannot be done in the timeframe mentioned in the resolution because it is insufficient time. There are too many different elements across the City that they will end up with 12 — 15 districts. There are different types of equipment that affects the roads including in that is the transit cushion for metro and school buses. It will be impossible to attempt to do this in thirty (30) days. Vice Mayor Kelley agreed that thirty (30) days was not enough time. He asked the sponsor if he received the old assessment regarding taxing districts. Regular Commission Meeting Minutes—12/13/2017 12 Commissioner Pigatt said that he requested, but has not received any supporting documentation relating to this item. He is simply trying to save the tax payers money. Mayor Taylor asked the manager to chime in. City Manager Brown said that there is no way possible that this can happen within this timeframe unless a team of consultants to conduct a feasibility study. Feasibility is also a word that is being highly misused. There is a whole plethora of information that has to be received to determine if what is being requested is possible. This seems to be a task that is being given to the city manager because someone thinks the manager does not have enough to do. It would take 3 - 4 months to even plan on how to conduct a feasibility study. Commissioner Pigatt said that he has had several meetings with the city manager and this is the first time he is hearing this kind of respond regarding this subject. This is why he did not support the hiring of this city manager. He was simply asked to look in to the idea and he is saying this cannot be done. City Manager Brown said that they have never discussed taxing districts before today. There being no further discussion, the motion on the resolution failed by a 4-1 vote. Vice Mayor Kelley No Commissioner Pigatt Yes Commissioner Riley No Commissioner Holmes No Mayor Taylor No 13. CONSENT AGENDA: 1 (13-5). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT 1 TO THE DW130330 LOAN AGREEMENT WITH THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, RELATING TO THE STATE REVOLVING FUND (SRF) LOAN PROGRAM FOR DRINKING WATER FACILITIES; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager 2 (13- 6). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDERS #3 AND #4 ON THE CAIRO LANE AND NW 127TH STREET PROJECT WITH INTERCOUNTY ENGINEERING AT A COST NOT TO EXCEED $331,144.04; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager 3 (13-8). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, DIRECTING THE CITY MANAGER TO CONDUCT A FEASIBILITY STUDY ON PURCHASING OPA-LOCKA REGIONAL SERVICE CENTER LOCATED AT 200 OPA-LOCKA BOULEVARD IN OPA LOCKA, FLORIDA Regular Commission Meeting Minutes—12/13/2017 13 FOR THE PURPOSE OF HOUSING THE POLICE DEPARTMENT AND PROVIDE A REPORT TO THE CITY COMMISSION WITHIN THIRTY (30) DAYS; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by Mayor Taylor 4 (13-9). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, DIRECTING THE CITY MANAGER TO CONDUCT A FEASIBILITY STUDY ON MOVING THE CITY COMMISSION CHAMBERS FROM THE SHERBONDY VILLAGE COMMUNITY CENTER TO SUITE 130 OF THE OPA- LOCKA MUNICIPAL COMPLEX LOCATED AT 780 FISHERMAN STREET IN OPA- LOCKA, FLORIDA AND PROVIDE A REPORT TO THE CITY COMMISSION WITHIN THIRTY (30) DAYS; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by Mayor Taylor 5 (13-12). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, DIRECTING THE CITY MANAGER TO RESEARCH OPTIONS FOR OUTSOURCING CODE ENFORCEMENT AND PROVIDE A REPORT AND RECOMMENDATION WITHIN FORTY-FIVE (45) DAYS; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by Vice Mayor Kelley 6 (13-14). A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA AUTHORIZING THE CITY MANAGER TO PURSUE MEMBERSHIP IN THE W.H.O. - AARP NETWORK OF AGE FRIENDLY COMMUNITIES; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by Commissioner Holmes 7 (13-15). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, STRONGLY CONDEMNING THE SLAVE AUCTIONS OF MIGRANTS AND REFUGEES IN LIBYA; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by Commissioner Pigatt The above resolutions were read by Attorney Brown. It was moved by Vice Mayor Kelley, seconded by Commissioner Riley to pass the resolutions. 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 14. NEW ITEMS: 15. PLANNING & ZONING: Regular Commission Meeting Minutes—12/13/2017 14 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. Mayor Taylor opened the floor for a public hearing. There being no further persons to speak on the public hearing, the public hearing was closed. It was moved by Commissioner Riley, seconded by Vice Mayor Kelley for discussion. Commissioner Riley said that federal law requires every service station in the United States to advertise and those advertisings that are on the roadways are on pole signs. Billboards, street signs, stop signs, and speed signs are called pole signs and they should not be outlawed. Vice Mayor Kelley asked Community Development what impact if any will this have on any existing Community Development Director Gregory Gay said that he has not seen all of the legislation as it relates to adding pole signs and would need to research it. 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 2. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AMENDING THE OPA LOCKA CODE OF ORDINANCES, CHAPTER 11 GARBAGE AND TRASH; DELETING SECTION 11-42 INCREASES; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR ADOPTION OF ARTICLE; PROVIDING FOR AUTHORITY; PROVIDING FOR CODIFICATION; Regular Commission Meeting Minutes—12/13/2017 15 PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR CONFLICT; PROVIDING FOR LIBERAL CONSTRUCTION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. Sponsored by Commissioner Pigatt The above ordinance was read by Attorney Brown. Mayor Taylor opened the floor for a public hearing. There being no further persons to speak on the public hearing, the public hearing was closed. It was moved by Commissioner Pigatt, seconded by Commission Holmes for discussion. Commissioner Pigatt said that in 2008 the commission voted to approve the residential trash rates up until 2016. In 2016, it was increased for the sole purpose of creating a positive fund balance. On November 7, 2017, the manager released a memorandum stating that the City's ordinance was in conflict with the trash rates. It shows that the trash rates were supposed to increase by about six hundred and thirty two dollars ($632.00) and the commission approved an MOU with Miami-Dade County for four hundred and sixty four dollars ($464.00). He brought the item to remove and delete the six percent (6%) steady increase so that the taxpayers can save on their trash service. Commissioner Riley said that he asked how an MOU can contradict an ordinance. He does not understand it. There is a lawsuit going on and an MOU was signed, so if you cannot touch it for one reason, do not touch it for any other reason. Vice Mayor Kelley said that he understands why this was done because years ago no one wanted to touch the rates and it was put in place to have the incremental increase based on the consultant's recommendation from that time. He asked the manager if any meetings have taken place since then in regards to the trash rates. City Manager Brown said that he had a couple of meetings with Miami-Dade County; the last one happened about a week and a half ago. At the conclusion of that meeting with Mayor Gimenez, he wanted the information about it to be shared with the county attorney's office so they can look at the litigation that the City was facing and put a fresh set of eyes on it. To his knowledge, Attorney Brown had sent it over and they are awaiting a follow up meeting. City Attorney Brown said that he directed Cynthia Johnson who is the lead attorney on behalf of the county to speak with Miguel DeGrandy, Lead Council for the City, and provide them with all of the information pertaining to the case and the contracts that were a part of the case so that she can review it for herself. Vice Mayor Kelley said that if the residents are already being sent a TRIM Notice, then there is no need for the resolution at this point. They cannot be charged anyway at this time. He believes there is an opportunity at the beginning of the budget process for the commission to revisit the rates and make changes as needed. It is premature at this point to bring any kind of legislation until the information from the county is brought back. Commissioner Pigatt said that he understands the position that the City is in, however, the level for addressing this issue is high because there is a conflict. This legislation is to remove the ordinance that causes the conflict. Regular Commission Meeting Minutes—12/13/2017 16 There being no further discussion, the motion on the ordinance failed by a 4-1 vote. Vice Mayor Kelley No Commissioner Pigatt Yes Commissioner Riley No Commissioner Holmes No Mayor Taylor No 3. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, SETTING THE RATE FOR RESIDENTIAL SOLID WASTE COLLECTION SERVICES; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by Commissioner Pigatt The above ordinance was read by Attorney Brown. Mayor Taylor opened the floor for a public hearing. There being no further persons to speak on the public hearing, the public hearing was closed. It was moved by Commissioner Pigatt, seconded by Commissioner Holmes for discussion. Commissioner Pigatt said that this ordinance sets the rates at four hundred sixty four dollars ($464.00) according to what is current on the tax bill and the City laws. Commissioner Riley said that this ordinance is to rubber stamp the MOU that is in place. Just like the ordinance that was adopted in 2016, this ordinance should not be touched. The last two items are companion items and should not be touched. There being no further discussion, the motion on the ordinance failed by a 3-2 vote. Vice Mayor Kelley No Commissioner Pigatt Yes Commissioner Riley No Commissioner Holmes Yes Mayor Taylor No B. SECOND READING ORDINANCE(S)/PUBLIC HEARING: 1. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AMENDING ORDINANCE 17-03 BY AMENDING THE ANNUAL ADOPTED PROPRIETARY AND SPECIAL REVENUE FUND BUDGET FOR THE FISCAL YEAR 2016-2017, COMMENCING OCTOBER 1, 2016, THROUGH SEPTEMBER 30, 2017; PROVIDING FOR THE 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; Regular Commission Meeting Minutes—12/13/2017 17 PROVIDING FOR AN EFFECTIVE DATE (first reading/public hearing held on October 25, 2017). Sponsored by City Manager The above ordinance was read by Attorney Brown. Mayor Taylor opened the floor for a public hearing. There being no further persons to speak on the public hearing, the public hearing was closed. It was moved by Commissioner Riley, seconded by Commissioner Holmes for discussion. Commissioner Pigatt said that he is not in support of this item due to the fact that there is a huge document full of expenditure reports and changes that have no back up documentation. Funds are being transferred and moved around and expenses have taken place with no justification. He will not support the item without explanation. Vice Mayor Kelley questioned whether the salaries or increase in salaries were included in this budget amendment. City Manager Brown said that last year monies were being spent with no accountability. Controls have been put in place to prevent this from happening in the future. The City was not being run properly as far as the finances. Items were budgeted for that haven't been paid and they are now paying the items; they are now paying those items and that is why it looks as if items are being paid and there is no supporting documents. There are no documents because the previous administration did not maintain any paperwork. Vice Mayor Kelley said that his question is from a salary standpoint because legislation had passed that the salaries were to be frozen for the fiscal year. City Manager Brown requested that Budget Director/Assistant City Manager Ernesto Reyes come before the commission and explain the salary portion of the budget amendment. Mr. Reyes said that the amendment provides retro pay to the police department to make them whole and also addresses one of the resolutions that were approved during FY 2017 by the commission for thirteen employees who were given salary increases. Commissioner Riley said that the salaries in question were passed for the 2016 — 2017 budget. The resolution that passed to freeze the salaries is for the 2016 — 2017 budget so the salaries in question were already approved prior to the resolution that was passed to freeze the salaries for the fiscal year. There being no further discussion, the motion on the ordinance failed by a 3-2 vote. Vice Mayor Kelley No Commissioner Pigatt No Commissioner Riley Yes Commissioner Holmes No Mayor Taylor Yes Commissioner Riley questioned the failing of the ordinance as it was needed for the audits to be completed. Regular Commission Meeting Minutes—12/13/2017 18 Mayor Taylor asked the manager what impact this will have since the item did not pass and the amendment must be passed. City Manager Brown said that he has made all of the corrections to the budget for the fiscal year and does not know what will happen now because an amendment needs to be passed. City Attorney brown said that if anyone wants to change their vote, they are free to do so because they have not moved on to the next item. Commissioner Holmes changed his vote to yes. There being no further discussion, the motion on the ordinance passed by a 3-2 vote. Vice Mayor Kelley No Commissioner Pigatt No Commissioner Riley Yes Commissioner Holmes Yes Mayor Taylor Yes 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 (first reading/public hearing held on November 08, 2017). Sponsored by Commissioner Holmes The above ordinance was read by Attorney Brown. Mayor Taylor opened the floor for a public hearing. There being no further persons to speak on the public hearing, the public hearing was closed. It was moved by Commissioner Riley, seconded by Commissioner Holmes for discussion. Commissioner Pigatt said that he wants to make sure the residents plant fruits and vegetables where they want to as long as they abide by the guidelines in the resolution. He asked the sponsor if the item can be amended to include all residents and not just a specific zone because he sees that there is a special exception. Commissioner Riley said that the special exception is for two zones and they are commercial. Mayor Taylor asked the attorney if the special exception excluded residential areas. City Attorney Brown said it did exclude residential areas. Commissioner Holmes asked Dr. Willie Logan, Opa-locka CDC to come before the commission and clarify where the gardens can be planted. Regular Commission Meeting Minutes—12/13/2017 19 Dr. Logan explained that the exception extends to properties beyond single family homes and at that time you would need a permit, but private residents do not need a permit and are not considered a special exception. 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 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 USES AND OCCUPANCIES WILL BE PERMITTED; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE (first reading/public hearing held on November 08, 2017). Sponsored by Commissioner Holmes The above ordinance was read by Attorney Brown. Mayor Taylor opened the floor for a public hearing. There being no further persons to speak on the public hearing, the public hearing was closed. It was moved by Commissioner Riley, seconded by Commissioner Holmes to pass the ordinance. There being no 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 CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AMENDING CHAPTER 15, ARTICLE X SIGNALIZED INTERSECTIONS SAFETY SECTION, SEC. 15-136 IMPLEMENTATION OF GENERAL LAW AND DESIGNATION OF LOCAL HEARING OFFICER 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/public hearing held on November 08, 2017). Sponsored by City Attorney Regular Commission Meeting Minutes—12/13/2017 20 The above ordinance was read by Attorney Brown. Mayor Taylor opened the floor for a public hearing. There being no further persons to speak on the public hearing, the public hearing was closed. It was moved by Commissioner Riley, seconded by Commissioner Holmes to pass the ordinance. There being no 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 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 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/public hearing held on November 08, 2017). Sponsored by City Attorney The above ordinance was read by Attorney Brown. Mayor Taylor opened the floor for a public hearing. There being no further persons to speak on the public hearing, the public hearing was closed. It was moved by Commissioner Riley, seconded by Commissioner Holmes to pass the ordinance. There being no 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 City Attorney Brown said that he wants to call an executive session on January 10, 2018 before the regular commission meeting at 6:00 p.m. Mayor Taylor asked the city clerk to poll the commission for availability. C. RESOLUTIONS: 17. CITY MANAGER'S REPORT: A. Financial Emergency Board Update B. Glorietta Apartments C. Update on Cultural Arts Center Regular Commission Meeting Minutes—12/13/2017 21 D. Water Bills E. Roads, Streets and Infrastructure Projects City Manager Brown said that he provided the commission with a report and is available to answer any questions they may have. A report on the items listed above is also forth coming. 18. OFFICIAL BOARD REPORTS: No reports at this time. 19. MAYOR/COMMISSION REPORT: Commissioner Pigatt said that a young female was shot in the triangle about 2 hours ago and asked for a moment of silence. (Moment of silence) Mayor Taylor wished everyone a Happy Holiday. 20. OFFICIAL BOARD APPOINTMENTS: 21. ADJOURNMENT: There being no further business to come before the commission, it was mjey Commissioner Holmes, seconded by Vice Mayor Kelley to adjourn the meeting 10:34 p.m. J MAYOR ATTEST: CITY CLERK Regular Commission Meeting Minutes—12/13/2017 22