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HomeMy Public PortalAbout01-January 24, 2018 Regular Commission Meeting CITY OF OPA-LOCKA "The Great City" CLERK'S ACTION SUMMARY MINUTES REGULAR COMMISSION MEETING WEDNESDAY, January 24, 2018 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, January 24, 2018 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 John Riley and Commissioner Matthew Pigatt. Also in attendance were: Assistant City Manager William Green, City Attorney Vincent T. Brown, and City Clerk Joanna Flores. Commissioner Timothy Holmes and City Manager Ed Brown were not in attendance. 3. INVOCATION: The invocation was delivered by Mayor Myra L. Taylor. 4. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was recited in unison. 5. AWARDS/PROCLAMATIONS/ACKNOWLEDGEMENTS: 6. APPROVAL OF CONSENT AGENDA AND PULL LIST (deferrals and deletions): The following items were pulled from the Consent Agenda to be discussed separately under Action Items: deferred 13-4 (Commissioner Riley); deferred 16(a)3 (Vice Mayor Kelley); pulled 13-1, 13-2, 13-3, 13-5, 13-6, 13-7, 13-8 and 13-10 (Commissioner Pigatt); pulled 13-9 (Mayor Taylor). 7. APPROVAL OF AGENDA: It was moved by Vice Mayor Kelley, seconded by Commissioner Riley to approve the agenda, consent agenda and pull list. There being no discussion, the motion passed by a 4-0 vote. Commissioner Riley Yes Regular Commission Meeting Minutes—1/24/2018 1 Commissioner Holmes Not Present Vice Mayor Kelley Yes Commissioner Pigatt Yes Mayor Taylor Yes 8. APPROVAL OF MINUTES: Regular Commission Meeting Minutes—July 26, 2017 It was moved by Commissioner Riley, seconded by Vice Mayor Kelley to approve the minutes from the Regular Commission Meeting of July 26, 2017. There being no discussion, the motion passed by a 4-0 vote. Vice Mayor Kelley Yes Commissioner Pigatt Yes Commissioner Riley Yes Commissioner Holmes Not Present Mayor Taylor Yes Regular Commission Meeting Minutes— September 27, 2017 It was moved by Commissioner Riley, seconded by Vice Mayor Kelley to approve the minutes from the Regular Commission Meeting of September 27, 2017. There being no discussion, the motion passed by a 4-0 vote. Commissioner Holmes Not Present Vice Mayor Kelley Yes Commissioner Pigatt Yes Commissioner Riley Yes Mayor Taylor Yes 9. DISTRICT ONE/DISTRICT TWO - COUNTY COMMISSIONER REPORT: Larry Gardner, Commissioner Barbara J. Jordan's Office, District I, said that the Mom and Pop Grant Program hosted by Commissioner Jordan will be offered until February. Commissioner Pigatt requested a meeting with Commissioner Jordan. 10. PUBLIC PRESENTATION: 11. CITIZENS' INPUT: Former Commissioner Dorothy Johnson, 13724 NW 22nd Place, suggested that someone pull the DVD from November 12, 2008 and December 10, 2008 and look at the dialog the commission had regarding naming that particular street. She said there should be some sort of program for children that are hanging out on the street. The illegal garbage dumping is getting worse and is turning out to be a health issue. She asked that the City not sell the surplus properties because that is what it has as value. Regular Commission Meeting Minutes—1/24/2018 2 Commissioner Pigatt asked Commissioner Johnson if she brought any of this to the attention of staff. Mrs. Johnson said, "Yes." Natasha Ervin, 670 Dunad Avenue, said she is not going to single anyone out, but she has a major question. She asked the commission how the City came to have a strip club. She attended the meeting where the man presented a night club/friendly restaurant, but he never said anything about a strip club and there is a difference. She also sees people at the strip club that should not be there because it is not a good look. She will await an answer from the commission. Vice Mayor Kelley said that he will also await an answer regarding the strip club. Guillermo McCausland, 290 Ali-Baba Avenue, asked the commission for consideration to reduce the amount that he owes the City so that he can comply with the requirements to make the property a residential unit for the two tenants who have lived there for over ten years. Mayor Taylor asked Mr. McCausland if he spoke with anyone on staff. Mr. McCausland said, "Yes." City Attorney Brown said that Mr. McCausland sued the City a year and a half ago and he met with his attorney, he was advised that he was using the property illegally because it is a residential property and he was using it as a residential unit. He was under the impression that those tenants have moved out and the building has been brought up to code. Mr. McCausland said that he did not have a good lawyer as counsel and was under the impression that he could change the building over and comply with the City. Mayor Taylor asked if there is a way to provide assistance to Mr. McCausland and reduce the amount. City Attorney Brown said that he has had over a year to correct the problem and has been collecting rent from the tenants to pay for the compliance requirements. Commissioner Pigatt asked for a public records request on all violation and liens concerning this property. Vice Mayor Kelley asked for information as well so that he can see if the fees can be lowered. He said it seems that the City is aggressive with some issues and not for others like this issue and the strip club. The City needs to be consistent. Alvin Burke, 1240 Jann Avenue, said that the strip club did not even have a certificate of occupancy (CO) on opening day and it is a liability to the City. Pressure is being put on staff to turn a blind eye and allow it to operate and it is wrong; the place was never inspected. The City is not being run properly and it comes from some of the administration. If you are not a part of the solution, then you are a part of the problem. Regular Commission Meeting Minutes—1/24/2018 3 Ian Bachekauf, attorney for Republic Metals, said that he has been coming to commission meetings for months and is still waiting to see when the City will start to repair the roads. He has been getting the run around and wants to know when something will be done because his client is losing business. He was told the audit is not complete and the time that he was given has changed several times. Commissioner Pigatt said that as property owners, they deserve to get answers regarding issues that affect their business. He asked the manager for the status on the zone in question. Assistant City Manager Green said that road is in Zone 2 and the project is a loan that has to be taken back to the state and that cannot be done until the audit is complete. Commissioner Pigatt asked for timely reports on projects so that the information is made available. Vice Mayor Kelley asked when the audit will be complete. Assistant City Manager Green said that the auditor stated that there has been a delay and a draft will be submitted by next week. Vice Mayor Kelley said that he does not appreciate that the citizen knew more information about the timeline of the audit than he did; the commission should know what is going on. David Givens, 1830 Service Road, held up a half-eaten apple that is supposed to represent a globe and said that he has a business idea to help little girls, but he will need assistance. Mayor Taylor asked the assistant manager for information on the strip club. Assistant City Manager Green said that they had a building permit and a CO when they opened. Vice Mayor Kelley asked how they obtained that when that is not what he was told the business was going to be and it was never labeled as a strip club. Building Official Esin Daniel Abia said that the strip club opened with a temporary Certificate of Occupancy that will expire on April 20, 2018 and that is how they opened. If they are not in compliance, they have until that time to get the property in order; ninety days is sufficient enough to meet all of the requirements. Vice Mayor Kelley asked why the property bypassed zoning and did not come before the commission. He does not believe the proper steps were taken. City Attorney Brown said that several letters from previous city managers were signed off that allowed this to happen. While Mr. Abia may be the City's Building official, he is not the Zoning official. Before you can get a temporary CO you have to first go before the Planning Council and this did not happen. This development did not follow the city's zoning and land use code. How do you get a temporary CO when the use is not lawfully allowed in the zone. The City is under a water and sewer moratorium, so how was a temporary CO issued? Regular Commission Meeting Minutes—1/24/2018 4 Mr. Abia said that several previous city managers have dealt with this and the company altered the name by calling it a cabaret and therefore was allowed to operate and that is where the current situation is. City Attorney Brown said that the club should not be operating as it did not go through the proper process. Commissioner Pigatt asked Mr. Green if he is familiar with the strip club and is there nudity. Mr. Green said that he knows where it is and he believes it has partial nudity, but he is not sure if it has full nudity. Commissioner Pigatt asked if the proper permits were obtained to operate the business. City Attorney Brown said that you would need a fire certificate from Miami-Dade Fire Department; a water and sewer certificate; an alcohol & tobacco license; food license and etc... many licenses are required before even getting to that stage. Commissioner Pigatt said that based on the documents in front of him, the City has known for at least two years that there was an adult entertainment business coming into the City. This business violates the city code and should not be operating near schools and churches. The city manager needs to do his duty and make sure this business is shut down. City Attorney Brown said that the proper lawful process was not used in this and the club never met the zoning threshold. Commissioner Pigatt asked the attorney to draft legislation to have the city manager fired at the next commission meeting. He also asked that the commission direct the manager to do what is necessary to address the issue of having a strip club and make sure there aren't any illegal operations going on. Mayor Taylor said that the attorney named two city managers who are no longer here that were responsible for this. She asked the attorney what happens now that the commissioner has requested legislation to terminate the current manager when he was not here to approve anything concerning this. City Attorney Brown said that a motion needs to be made. A motion was made by Commissioner Pigatt directing the manager to do what is necessary to ensure no illegal operations are going on with B & G Opa Land Holdings. It was seconded by Vice Mayor Kelley to pass the motion. There being no further discussion, the motion passed by a 4-0 vote. Vice Mayor Kelley Yes Commissioner Pigatt Yes Commissioner Riley Yes Commissioner Holmes Not Present Mayor Taylor Yes Regular Commission Meeting Minutes—1/24/2018 5 Mayor Taylor announced the events and activities that were going on in the City and informed everyone that there were flyers in the back of the room to reflect this. She also announced that the Meek Foundation was holding another workshop and the residents should take advantage of the possible employment opportunities. 12. ACTION ITEMS: 1 (13-1). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO SETTLE, SATISFY, AND EXECUTE LIEN RELEASES IN MITIGATION OF WATER AND SEWER LIENS ON THE PROPERTY LOCATED AT 3150 NW 135TH STREET, OPA-LOCKA, FLORIDA IN THE AMOUNT OF $21,183.72; 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 Vice Mayor Kelley for discussion. Commissioner Pigatt said that since last year the manager has not attended any of the agenda briefings and that is when he receives the information that he needs for commission meetings. The manager is not present so will hold his comments until a later time. He asked the assistant city manager why the fees had different amounts. Assistant City Manager William Green said that the issue with this property was before his time and he does not have an answer for the commission at the moment. Vice Mayor Kelley asked the attorney what happens to the property if the owner does not agree to settle. City Attorney Brown said that the property will be foreclosed upon because of the lien and it will be auctioned off to the highest bidder and the City will be paid from the proceeds. There being no further discussion, the motion on the resolution passed by a 3-1 vote. Vice Mayor Kelley Yes Commissioner Pigatt No Commissioner Riley Yes Commissioner Holmes Not Present Mayor Taylor Yes 2 (13-2). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO SETTLE, SATISFY, AND EXECUTE LIEN RELEASES IN MITIGATION OF CODE ENFORCEMENT LIENS ON THE PROPERTY LOCATED AT 2161 WILMINGTON STREET, OPA- LOCKA, FLORIDA IN THE AMOUNT OF $15,327.21; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager The above resolution was read by Attorney Brown. Regular Commission Meeting Minutes—1/24/2018 6 It was moved by Vice Mayor Kelley, seconded by Commissioner Riley for discussion. Commissioner Riley asked the attorney if the property had a homestead exemption on it. City Attorney Brown said that he was not aware if it had the exemption or not. Commissioner Pigatt said that he has a spreadsheet that lists quite a few liens on the property. He asked when the liens were placed on the property. Assistant City Manager Green said that he does not have that information at this time. Commissioner Pigatt said that he is concerned about the liens and wants to know what is the difference between the two amounts and why is the manager reducing the lien amount when the magistrate recommended not reducing it. Assistant City Manager Green said that there is a resolution that states that at the manager's discretion, a twenty five percent (25%) reduction can be applied. There being no further discussion, the motion on the resolution passed by a 3-1 vote. Vice Mayor Kelley Yes Commissioner Pigatt No Commissioner Riley Yes Commissioner Holmes Not Present Mayor Taylor Yes 3 (13-3). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO PIGGYBACK ON THE CITY OF NORTH MIAMI'S BID WITH BIDERA LLC AND ENTER INTO AN AGREEMENT FOR THE DISPOSAL OF SURPLUS PROPERTY ; 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 Vice Mayor Kelley for discussion. Commissioner Riley said that if anyone has gone to Public Works then they have seen all of the equipment that is being stored there and it needs to be disposed of. That is the reason for the resolution. Vice Mayor Kelley asked if the City did all it could to sell the items and recoup some revenue from the sales. Public Works Director Airia Austin said that before he became director, several attempts were made to auction off the items, but the auctioneers did not want to sign up for it. Vice Mayor Kelley said that while Public Works does need to be cleaned up, the City can try to make some revenue off of the items. Regular Commission Meeting Minutes—1/24/2018 7 Commissioner Riley asked if the items were offered to employees before attempting to sell them to the public like it did in the past. Mr. Austin said that he is not aware that the City has offered anything to staff. Commissioner Pigatt asked why North Miami was selected over other Cities. Mr. Austin said that it is the most recent and available contract for the City that met the need. There being no further discussion, the motion on the resolution passed by a 3-1 vote. Vice Mayor Kelley Yes Commissioner Pigatt No Commissioner Riley Yes Commissioner Holmes Not Present Mayor Taylor Yes 4 (13-5). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT 2 TO THE LP13037 LOAN AGREEMENT WITH THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, RELATING TO THE STATE REVOLVING FUND (SRF) LOAN PROGRAM FOR OPA-LOCKA NW 127TH STREET — CAIRO LANE TO NW 32ND AVENUE PROJECTS; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager The above resolution was read by Attorney Brown. It was moved by Vice Mayor Kelley, seconded by Commissioner Riley for discussion. Commissioner Pigatt asked Mr. Green why the agreement needed to be amended. Assistant City Manager Green said that the state revolving loan program requires that all of the funds have to be utilized. The City has not utilized all of the funds so it has to be adjusted to reflect a debt service ratio. Vice Mayor Kelley asked if the item was being amended to December 31St to allow for its completion. Assistant City Manager Green said, "Yes." There being no further discussion, the motion on the resolution passed by a 4-0 vote. Vice Mayor Kelley Yes Commissioner Pigatt Yes Commissioner Riley Yes Commissioner Holmes Not Present Mayor Taylor Yes Regular Commission Meeting Minutes—1/24/2018 8 5 (13-6). A RESOLUTON OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT 1 TO THE WW130301 LOAN AGREEMENT WITH THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, RELATING TO THE STATE REVOLVING FUND (SRF) LOAN PROGRAM FOR MAJOR SEWER REHABILITATION AND STORM WATER MANAGEMENT; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager The above resolution was read by Attorney Brown. It was moved by Vice Mayor Kelley, seconded by Commissioner Riley for discussion. Commissioner Pigatt said that he is confused regarding amending these agreements to reduce the amount of money that the City was given from the state and asked Mr. Green for clarity. Assistant City Manager Green said that similar to the previous item, the amount has to be reduced if it is not spent or the City will have to repay the entire loan. The state does not have a problem with the City restructuring the loan. Commissioner Pigatt said that if the funds are reduced then the City will not be able to complete all of the pending projects. City Attorney Brown said that the total amount from the state is a forty million dollar ($40,000,000.00) revolving loan from the state and that is broken down in the form of sub loans. All of the money is not needed at once and the City will only need to pay back what it borrowed. It may not even take forty million dollars ($40,000,000.00) to complete all of the projects so the City can use what is needed for now. Commissioner Pigatt said that he does not want the projects to suffer by reducing the amount of money that is needed. Assistant City Manager/Budget Director Ernesto Reyes said that it should not be a problem. Commissioner Pigatt said that the streets need to be fixed and there has been a history of delays. He is tired of driving through potholes and he needs assurance that they will be fixed. Vice Mayor Kelley said that the attorney said it right and the City should only pay back what it uses. It makes no sense to only use six million dollars ($6,000,000.00), but have to pay back sixteen million dollars ($16,000,000.00). There being no further discussion, the motion on the resolution passed by a 3-1 vote. Vice Mayor Kelley Yes Commissioner Pigatt No Commissioner Riley Yes Commissioner Holmes Not Present Mayor Taylor Yes Regular Commission Meeting Minutes—1/24/2018 9 6 (13-7). A RESOLUTON OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO ACCEPT THE DEPARTMENT OF JUSTICE FY 2015 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM, LOCAL SOLICITAION AWARD, IN THE AMOUNT OF THIRTY ONE THOUSAND FOUR HUNDRED THREE DOLLARS ($31,403); PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager The above resolution was read by Attorney Brown. It was moved by Vice Mayor Kelley, seconded by Commissioner Riley for discussion. Vice Mayor Kelley said that he pushed for JAG years ago when he was mayor and wants to know why the City is behind with this grant. Assistant City Manager Green said that the City had to apply for the grant again. The body cameras that were purchased last year had to be returned and the grant had to be applied for again and that is the manner in which the Byrne Grant will cover the body cameras. Commissioner Pigatt said that he makes his decisions based on the information that he is given in good conscious and as long as he understands it clearly. If he had the opportunity to meet with the manager beforehand, he would not need to do it here. There being no further discussion, the motion on the resolution passed by a 4-0 vote. Vice Mayor Kelley Yes Commissioner Pigatt Yes Commissioner Riley Yes Commissioner Holmes Not Present Mayor Taylor Yes 7 (13-8). A RESOLUTON OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO ACCEPT THE DEPARTMENT OF JUSTICE FY 2016 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM, LOCAL SOLICITAION AWARD, IN THE AMOUNT OF THIRTY FOUR THOUSAND ONE HUNDRED SEVENTY NINETY DOLLARS ($34,179);; 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 Vice Mayor Kelley for discussion. Mayor Taylor asked the police chief what these funds were needed for. Police Chief James Dobson said that the last resolution was for body cameras and this one is to update the equipment for the detectives to use for crime scenes so that they no longer have to utilize another police department. Regular Commission Meeting Minutes—1/24/2018 10 Vice Mayor Kelley said that at some point an assessment should be done after the third year as the equipment gets older or technology has changed because the funding will be over and the funds will begin to come out of the general fund account. Commissioner Pigatt said that backup documentation should be provided so that the City knows specifically what can be purchased using the funds. Commissioner Riley said that the funds for the grant are already specific to what they can be used for. There being no further discussion, the motion on the resolution passed by a 4-0 vote. Vice Mayor Kelley Yes Commissioner Pigatt Yes Commissioner Riley Yes Commissioner Holmes Not Present Mayor Taylor Yes 8 (13-9). A RESOLUTON OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, REQUIRING ALL AGREEMENTS THAT INVOLVE THE EXPENDITURE OF CITY OF OPA-LOCKA FUNDS BE SUBMITTED TO THE FINANCIAL EMERGENCY BOARD/INSPECTOR GENERAL FOR REVIEW AND COMMENT PRIOR TO SUBMISSION TO THE CITY COMMISSION FOR 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 Vice Mayor Kelley, seconded by Commissioner Riley for discussion. Mayor Taylor asked the vice mayor why he wants the state to review the City's items first. Vice Mayor Kelley said that at this point having to wait for the state to review and make recommendations afterwards is time consuming. That and the current meetings that are being recessed, continued, or lack of a quorum makes the process take longer. Mayor Taylor said that she does not want to get into the habit of the City becoming second to the state because the commission was elected to serve the people. The item should come from the commission first and then recommendations be taken into consideration. Vice Mayor Kelley said the commission lost the power when the state came in and the board was put in place to have final say on City business. At the end of the day, this will save time. Mayor Taylor said that she understands what the vice mayor is saying, but she does not want to give up the little power they have left. Commissioner Riley said that the state makes recommendations based on items that have been voted on and does not have the authority to review items that do not have a vote. The Home Rule Powers Act supersedes all of that. Regular Commission Meeting Minutes—1/24/2018 11 Commissioner Pigatt proposed to amend the resolution to include that the commission receives the feedback from the state prior to. There being no further discussion, the motion on the resolution passed by a 3-1 vote. Vice Mayor Kelley Yes Commissioner Pigatt Yes Commissioner Riley Yes Commissioner Holmes Not Present Mayor Taylor No 13. CONSENT AGENDA: 14. NEW ITEMS: 15. PLANNING & ZONING: A. HEARINGS: B. APPEALS: 16. ORDINANCES/RESOLUTIONS/PUBLIC HEARING: A. FIRST READING ORDINANCE(S): 1. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AMENDING CHAPTER 2, ARTICLE XI, DIVISION V - CIVIL SERVICE BOARD OF THE CITY OF OPA-LOCKA CODE OF ORDINANCES; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by Commissioner Riley This item was deferred by the sponsor. 2. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AMENDING THE OPA LOCKA CODE OF ORDINANCES, CHAPTER 2 ADMINISTRATION; DELETING SEC. 2-445. - STATE LANDLORD- TENANT ACT AUOPTI.D.; 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 This item was deferred buy the sponsor. 3. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, CO-DESIGNATING PERVIZ AVENUE FROM SHARAZAD BOULEVARD TO FISHERMAN STREET AS DAVID GRANT AVENUE; PROVIDING FOR REPEAL OF ALL ORDINANCES INCONFLICT HEREWTIH; PROVIDING FOR Regular Commission Meeting Minutes—1/24/2018 12 SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by Vice Mayor Kelley This item was deferred by the sponsor. 4. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AMENDING ORDINANCE 17-13 BY AMENDING THE ANNUAL ADOPTED GENERAL FUND BUDGET FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2017 AND ENDING SEPTEMBER 30, 2018; ADJUSTING REVENUES AND EXPENDITURES AS REFLECTED IN EXHIBIT "A"; 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; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager The above ordinance was read by Attorney Brown. Mayor Taylor opened the floor for a public hearing. There being no persons to speak on the public hearing, the public hearing was closed. It was moved by Commissioner Riley, seconded by Mayor Taylor for discussion. Commissioner Pigatt said that he would like to have the supporting documents to justify this increase. He asked for someone to explain the reason for this. Assistant City Manager/Budget Director Ernesto Reyes, 780 Fisherman Street, said that it is not possible at this time for him go through each line one by one, but he can provide the commission with an audit trail before second reading. Commissioner Pigatt said that it is frustrating that a simple report cannot be provided for why these specific line items have increased without a full audit report. Assistant City Manager/Budget Director Ernesto Reyes said that it would take hours to fulfill this request and he would have to stop his other assignments to do this. Twenty three accounts may seem small, but it takes time to do what is being asked. Commissioner Pigatt said that budget adjustment forms were given to correct expense accounts that have exceeded the amounts in the budget. He is concerned that the budget is not being tracked properly and cannot understand why he can't receive the report. Vice Mayor Kelley asked Mr. Reyes how long it will take to do the report that is being requested. Assistant City Manager/Budget Director Ernesto Reyes said it will take about a week. Vice Mayor Kelley said that he knows why some expenditures have gone over, but there are others that he does not understand. Regular Commission Meeting Minutes—1/24/2018 13 Assistant City Manager/Budget Director Ernesto Reyes said that mission critical forms were created to provide this information in the future, but right now it is time consuming to pull hundreds of invoices. Vice Mayor Kelley also said that he has a concern about not being able to review the reason behind the increases for certain employees. He will support this on first reading, but wants to see reports on the concerns that were discussed today. If he does not receive the information, he will not support it on second reading. He asked for Mr. Reyes to provide the requested information. Assistant City Manager Green said that Mr. Reyes will not be able to do what is requested because he is going to Dade Days in Tallahassee. Vice Mayor Kelley asked how he is allowed to go to Tallahassee when the state defunded travel accounts. Assistant City Manager Green said that Mr. Reyes is going to Tallahassee for funding for infrastructure projects and nothing else. Mayor Taylor said that she does not like that the administration is doing things and not informing the commission, especially when they are representing the City. She also wanted to see the reason behind the employee rate adjustments. She asked the assistant manager how they applied the dollar amounts to the employees in question. She said that there are things being done in house that have not come before the commission. There are employees who have not received an increase in years and they should be considered. This makes it look like these employees are special and all of the employees are special. Commissioner Riley said that the commission passed legislation to freeze all salaries, so there can be no adjustments. Also, there is no travel for the entire City, so how are some people traveling. This item was deferred by Assistant City Manager Green. Vice Mayor Kelley relinquished the gavel back to the mayor. 5. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AMENDING ORDINANCE 17-14 BY AMENDING THE ANNUAL ADOPTED PROPRIETARY AND SPECIAL REVENUE FUND BUDGET FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2017, AND ENDING SEPTEMBER 30, 2018; ADJUSTING REVENUES AND EXPENDITURES AS REFLECTED IN EXHIBIT "A"; 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; PROVIDING FOR AN EFFECTIVE DATE (first reading/public hearing held on October 25, 2017). Sponsored by City Manager This item was deferred by Assistant City Manager Green. Regular Commission Meeting Minutes—1/24/2018 14 B. SECOND READING ORDINANCE(S)/PUBLIC HEARING: C. RESOLUTIONS: 1. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, RESCINDING RESOLUTION NO. 16-9277 THAT AMENDED THE CITY ATTORNEY AGREEMENT WITH THE BROWN LAW GROUP, LLC EXTENDING THE TERM OF THE AGREEMENT FOR AN ADDITIONAL TWO (2) YEARS UNTIL FEBRUARY 5, 2019; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by Commissioner Riley This item was deferred by the sponsor. 17. CITY MANAGER'S REPORT: A. Financial Emergency Board Update B. Glorietta Apartments C. Update on Cultural Arts Center D. Water Bills E. Roads, Streets and Infrastructure Projects Assistant City Manager Green informed the commission that he is not in a position to provide an update in place of the manager on the topics above. Commissioner Riley left at 10:32 p.m. Vice Mayor Kelley says that there is no parking at Glorietta Apartments and it makes no sense that kids and parents have to walk in the street because cars are parked on the sidewalk and in the road. He is awaiting the update on metered parking in the City. Commissioner Pigatt said that he has requested several reports from the manager at previous meetings and has yet to receive them. Some of the issues being discussed would have been a part of that report, but no information has been provided for resolve. 18. OFFICIAL BOARD REPORTS: No reports at this time. 19. MAYOR/COMMISSION REPORT: 20. OFFICIAL BOARD APPOINTMENTS: 21. ADJOURNMENT: There being no further business to come before the Commission, it was moved by Vice Mayor Kelley, seconded by Commissioner Pigatt to adjourn the meetin .t 10:40 p.►, • f / I OR Regular Commission Meeting Minutes—1/24/2018 15 ATTEST: 1,..)--7 CITY CLERK Regular Commission Meeting Minutes—1/24/2018 16