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HomeMy Public PortalAbout02-February 28, 2018 Regular Commission Meeting CITY OF OPA-LOCKA "The Great City" CLERK'S ACTION SUMMARY MINUTES REGULAR COMMISSION MEETING WEDNESDAY, February 28, 2018 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, February 28, 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 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: 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: defer 13-2 (City Manager Brown); pulled 13-4, 13-5, 13-6, 13-7, and 13-8 (Commissioner Riley); pulled 13-1 and 13-3 (Commissioner Pigatt). A request was made to amend the agenda as follows: 14-1: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST AMENDMENT TO THE AGREEMENT WITH MIAMI-DADE COUNTY, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY FOR THE BILLING OF WATER, SANITARY SEWAGE AND STORM WATER UTILITY SERVICE CHARGES; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Commission Regular Commission Meeting Minutes—2/28/2018 1 It was moved by Vice Mayor Kelley, seconded by Commissioner Pigatt to amend the agenda to include item 14-1. City Attorney Brown clarified that the item was added to the agenda from the discussion that was held at the sunshine meeting on yesterday and it should be sponsored by the commission and not the manager. City Manager Brown said that he thinks putting the item on the agenda tonight is premature because he has not had the chance to sit down and review it or meet with the county after they called the sunshine meeting on yesterday. He has a meeting with a representative on Friday and will have more information at that time. Vice Mayor Kelley said that the item should have been added to the agenda before being discussed and he hopes this does not become a habit. There being no further discussion, the motion to amend the agenda to include item 14-1 failed by a 3-2 vote. Commissioner Pigatt Yes Commissioner Riley No Commissioner Holmes Yes Vice Mayor Kelley Yes Mayor Taylor No Commissioner Riley said that he voted no because an item has to be considered a financial emergency to be added to the agenda. City Attorney Brown said that this item is considered a financial emergency. 7. APPROVAL OF AGENDA: It was moved by Commissioner Riley, seconded by Vice Mayor Kelley to approve the agenda, consent agenda and pull list. There being no discussion, the motion passed by a 5-0 vote. Commissioner Riley Yes Commissioner Holmes Yes Vice Mayor Kelley Yes Commissioner Pigatt Yes Mayor Taylor Yes 8. APPROVAL OF MINUTES: Special Commission Meeting Minutes—June 30, 2017 It was moved by Commissioner Riley, seconded by Vice Mayor Kelley to approve the minutes from the Special Commission Meeting of June 30, 2017. There being no discussion, the motion passed by a 5-0 vote. Regular Commission Meeting Minutes—2/28/2018 2 Vice Mayor Kelley Yes Commissioner Pigatt Yes Commissioner Riley Yes Commissioner Holmes Yes Mayor Taylor Yes Special Commission Meeting Minutes—January 12, 2018 It was moved by Commissioner Riley, seconded by Vice Mayor Kelley to approve the minutes from the Special Commission Meeting of January 12, 2018. 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. 10. PUBLIC PRESENTATION: 11. CITIZENS' INPUT: Deborah Irby, 14202 NW 17th Avenue, Opa-locka, FL, said that she attended the meeting where the water bills were being discussed. She heard that the City was going to be billing every three weeks and wants to know if the bills are going to be correct. She said the problems need to be fixed before the City starts billing and also requested a town hall meeting to get input from the residents. Dorothy Johnson, 13724 NW 22nd Place, Opa-locka, FL, said that she is concerned that the cellphone towers will cause physical harm to the residents and she would like to see the legislation that brought them to the City. She also said that the commission should be more respectful to the residents. Alvin Burke, 1240 Jann Avenue, Opa-locka, FL, said that he recently received a water bill that he was unhappy about. His water bills were coming reasonably so he does not understand what is happening. If the City wants to become current, it will have to put the residents on some form of a payment plan. Regular Commission Meeting Minutes—2/28/2018 3 Natasha Ervin, 670 Dunad Avenue, Opa-locka, FL, said that she is concerned about the disrespect that comes from the dais towards each other and they need to do better. Also, Klub 24 needs to be handled in decency and in order no matter how it came to the City. Eddie Dean, Klub 24, 3699 NW 135th Street, Opa-locka, FL, said that he reviewed the memorandum from the city attorney and the dates do not add up. He is being told that they did not follow the code or the process, but they did. He does not understand what they did wrong; they have opened two businesses and have employed fifty residents from the City to work. The city manager is being blamed when he was not even here when they first came to the City. He asked the commission to obtain all of the facts regarding Klub 24. Eddie Hernandez, 2880 Port Said Road, Opa-locka, FL, said that all of the businesses have come today regarding the triple stacking of the cars at the junk yard. They are continuously receiving fines from Code Enforcement and it is not right. They are good tenants and they pay a lot of money in property taxes. Angel Vargas, 13205 Cairo Lane, Opa-locka, FL, said that he agrees with the last citizen and wants to know what the next step is after the business owners come before the commission and complain. They do not want to hear thank you when they are done speaking, they want to know that something will be done. The life of their businesses depends on this; what happens next. Andy Molina, Mastec, 14740 NW 22 Court, Opa-locka, FL, said that the employee vehicles are being asked to be moved and put inside of the business and this cannot be so because it is a liability. There is equipment inside and that would make the area cramped and would be a safety concern. The area where the business is located is not in a residential area or blocking anyone from passing through, this includes emergency personnel. Mastec has repaved the area around the business many times over at the company's expense and would like for the City to assist with this. Mayor Taylor asked the manager if the City is doing anything about this. City Manager Brown said that they have met with the company and are working on it. Vice Mayor Kelley said that apparently nothing is being done because that is why all of the businesses are here tonight. He asked the manager what the status was with the businesses. City Manager Brown said that the issue is that Code is enforcing what is on the books and that is why this is an issue. He will look into what is going on and find a solution that everyone can agree with. Commissioner Holmes said years ago, the City needed help with Ingram Park. He went to Mastec and asked for help and the company came in and replaced all of the old wooden poles that were on Ingram Park free of charge. He said that if there is anything the City can do to help the company, then it needs to be done. Commissioner Riley said that he wants to see the code that is causing the businesses to be asked to move the vehicles because he does not see where there is a problem. People have been parking on the side of the road for the longest and this includes the apartment complex. If the company's employees are not impeding traffic, then why is this happening? He said he wants to see the code tomorrow. Regular Commission Meeting Minutes—2/28/2018 4 12. ACTION ITEMS: 1 (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. The motion died for the lack of a second. 2 (13-3). 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 OPA-LOCKA WAREHOUSE ASSOCIATION, INC. VS CITY OF OPA-LOCKA, FLORIDA, CASE NUMBER 2018- 002828-CA-01; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE.Sponsored by City Attorney The above resolution was read by Attorney Brown. It was moved by Commissioner Riley, seconded by Vice Mayor Kelley for discussion. Commissioner Riley asked the attorney if this item was outside of thirty (30) days from the filing. City Attorney Brown said that it was. Commissioner Riley asked if the item could not have gone to the Florida League of Cities. City Attorney Brown said it could not because it is an injunction and not a personal injury claim. Commissioner Pigatt said that he pulled the item because he wants to make sure that the City is very careful when turning off water. This lawsuit could have been avoided and he wants to make sure this does not continue to happen. 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—2/28/2018 5 Mayor Taylor Yes 3 (13-4). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, DIRECTING THE CITY MANAGER TO ENTER INTO A RETAINER AGREEMENT WITH KOPELOWITZ OSTROW FERGUSON WEISELBERG GILBERT; WEISS SEROTA HELFMAN COLE & BIERMAN, P.L.; MORGAN & MORGAN, P.A.; AND HALICZER, PETTIS & SCHWAM, P.A. ("LAW FIRMS"), AT NO COST TO THE CITY OF OPA-LOCKA ("CITY"), TO PURSUE RECOVERY FOR THE HARM INCURRED BY THE CITY AS A RESULT OF THE ALLEGED DECEPTIVE AND FRAUDULENT MARKETING PRACTICES OF CERTAIN PHARMACEUTICAL MANUFACTURERS AND THE ALLEGED FAILURE TO REPORT SUSPICIOUS PURCHASES BY CERTAIN PHARMACEUTICAL WHOLESALERS/DISTRIBUTERS; 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 Vice Mayor Kelley, seconded by Commissioner Holmes for discussion. Commissioner Riley said that he does not see where the City has been harmed. City Attorney Brown said that any time these lawsuits are brought, there is an opioid epidemic that cause public safety issues such as crime and overdoses which then causes law enforcement to have to step in and provide services at a cost to the City; it is a trickledown effect that causes the City to have to use human and capital resources. Commissioner Riley says he now understands 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 4 (13-5). 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 FEMA REIMBURSEMENT PROCESS; 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 Commissioner Pigatt, seconded by Commissioner Holmes for discussion. Commissioner Riley asked why this is being asked of the manager when the consultant is not in place to provide what is being asked. The manager is not in a position to provide this information. Regular Commission Meeting Minutes—2/28/2018 6 Commissioner Pigatt said that he does not have the respect of being able to meet with the manager as his colleagues do so he has to request these reports in a public forum. He asked the manager when the contract from 300 Engineering was executed and approved by the commission. City Manager Brown said November 8, 2017. Commissioner Pigatt said that the contract was rejected by the oversight board. City Manager Brown said that because of the hurricane, an emergency procurement had to be done that follows state and federal statutes. It is in his right to do so as the city manager. He is concerned that item 13-1 died for lack of a second because it ties into this item. Now the FEMA reimbursements will be delayed and the City will be negligent in complying with the requirements. Commissioner Pigatt said that it is important that the manager provide a report regarding this process. There are a few things that he is concerned about including the manager receiving a reimbursement check for nine thousand five hundred dollars with no supporting documents to justify this amount. Vice Mayor Kelley said that he does not have a problem with receiving reports from the manager and would also like to reconsider item 13-1 at the appropriate time. There being no further discussion, the motion on the resolution failed by a 3-2 vote. Vice Mayor Kelley Yes Commissioner Pigatt Yes Commissioner Riley No Commissioner Holmes No Mayor Taylor No A motion was made to amend the agenda to reconsider item 13-1. It was moved by Commissioner Riley, seconded by Vice Mayor Kelley to amend the agenda to reconsider item 13-1. 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 (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 Regular Commission Meeting Minutes—2/28/2018 7 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. Commissioner Pigatt asked the manager if this item was regarding 300 Engineering Group. City Manager Brown said that this is an RFP for a long term consultant. Commissioner Pigatt asked the attorney if the contract for 300 Engineering had been approved by the state. City Attorney Brown said, "No." Commissioner Riley called for a point of order and said that 300 Engineering has nothing to do with this item. Mayor Taylor asked Commissioner Pigatt to keep his comments on item 13-1. Commissioner Pigatt said that a memo was sent from the state in which it was recommended that commission review and take actions as necessary to comply with FEMA rules and guidelines. It further cautioned that failure by the City to comply constitutes malfeasance, misfeasance, and neglect of duty. He is concerned that their actions may get the City in trouble and he does not support the item. Commissioner Riley read the resolution and said that it is asking the manager to carry out a specific directive. It has nothing to do with anything else that is being discussed. Vice Mayor Kelley asked the attorney if the item was proper and legal. City Attorney Brown said that it is just an RFP to allow the city manager to hire a consultant. 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 5 (13-6). A RESOLUTON OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, DIRECTING THE CITY MANAGER TO ENFORCE SECTION 4.5 AND SECTION 4.17 OF THE CODE OF ORDINANCES OF THE CITY OF OPA- Regular Commission Meeting Minutes—2/28/2018 8 LOCKA; 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 Commissioner Pigatt. The motion died for the lack of a second. 6 (13-7). A RESOLUTON OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, DIRECTING THE CITY MANAGER TO DISSEMINATE MONTHLY INFRASTRUCTURE PROJECT REPORTS TO BUSINESS OWNERS WHOSE BUSINESS OPERATIONS MAY BE AFFECTED; 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 Commissioner Pigatt, seconded by Commissioner Riley for discussion. Commissioner Riley said that until all of the audits are complete, there will be no release of funds. To provide business owners with a monthly report when the information is incomplete is not productive. Commissioner Riley withdrew his second. It was seconded by Vice Mayor Kelley for discussion. Commissioner Pigatt said that quite a few business owners have come to the commission meetings as well as the commission's offices to inquire about infrastructure projects. He thinks that providing this information will keep them aware of the status of certain projects. Vice Mayor Kelley said that he supports the item, but does not think enough will be going on to provide monthly reports. He proposed a friendly amendment to the item to reflect two months. There being no further discussion, the motion on the resolution failed by a 3-2 vote. Vice Mayor Kelley Yes Commissioner Pigatt Yes Commissioner Riley No Commissioner Holmes No Mayor Taylor No 7 (13-8). A RESOLUTON OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, DIRECTING THE CITY MANAGER TO PUBLISH STATUS REPORTS ON THE MANAGEMENT OF WATER BILLS; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by Commissioner Pigatt The above resolution was read by Attorney Brown. Regular Commission Meeting Minutes—2/28/2018 9 It was moved by Commissioner Pigatt, seconded by Vice Mayor Kelley for discussion. Vice Mayor Kelley said that he understands the intent, but until the bills are transferred and the new processes are in place, there is no need to provide any reports at this time. Commissioner Pigatt said that he is sometimes confused when he receives his water bill and thinks it is a good idea to have reports provided so that the residents know what is going on with their bills. He also thinks the City should have informative workshops to provide information to the residents. Mayor Taylor said that the manager has made it clear that there is not a plan in place yet regarding the water bills. She does not want status reports going out and the resident's hold the City to it; wait until everything is in place. 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 Commissioner Holmes asked the manager and the attorney to look into Klub 24 and bring back the findings. Mayor Taylor allowed the public presentation from Youth Against Violence. Pastor Nathaniel Johnson Sr. and Pastor Nathaniel Johnson Jr. came before the commission and let them know that the organization is in the community, they are on a mission, and there is a plan of action that includes implementing a curfew to hold parents accountable for their children. Craig McQueen, Retired Assistant Police Chief, City of Miramar, FL, co-signed the organization and said that once the curfew is effective, any violations given will be reflected on the parents. 13. CONSENT AGENDA: 14. NEW ITEMS: 15. PLANNING & ZONING: A. HEARINGS: B. APPEALS: 16. ORDINANCES/RESOLUTIONS/PUBLIC HEARING: A. FIRST READING ORDINANCE(S): Regular Commission Meeting Minutes—2/28/2018 10 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 The above ordinance was read by Attorney Brown. Mayor Taylor opened the floor for a public hearing. Dorothy Johnson, 13724 NW 22nd Place, Opa-locka, FL, said that this item was voted on previously at the election and she wants to know it is coming back now. What is the intent of this legislation? Commissioner Riley said that it is to reestablish the Civil Service Board. Mrs. Johnson said that is going backwards and is a step in the wrong direction. 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. Vice Mayor Kelley asked for clarity from the sponsor about the power that the human resources director has and if it will affect this. He sees that the employees have no recourse except to hire an attorney if they have a grievance and they cannot afford it. He thinks there is a need for it because employees will not come to the commission or to a meeting for fear of retribution or retaliation. Commissioner Riley said that the only difference will be that the hiring and firing will have to go through the board before final decisions are made. Commissioner Pigatt said that he does not think that this is a good idea. He does not think the board should override the city manager and the human resources director. He has never heard of this and it doesn't make sense that this board could override the CEO. He cannot support the item. Commissioner Riley said that there are 417 cities in 62 counties in the State of Florida. Of the 62 counties, 59 of them have Civil Service Boards. The only reason the county does not have one is because it is a chartered county. Of the 417 cities there are 405 that have Civil Service Boards. Mayor Taylor asked why the director could not be chosen from the commission or the community. Commissioner Riley said that the director has to be a director from the administration. There being no further discussion, the motion on the ordinance passed by a 3-2 vote. Vice Mayor Kelley Yes Commissioner Pigatt No Commissioner Riley Yes Regular Commission Meeting Minutes—2/28/2018 11 Commissioner Holmes No 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 2 ADMINISTRATION; DELETING SEC. 2-445. - STATE LANDLORD- TENANT ACT ADOPTED.; 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 by the sponsor. 3. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AMENDING THE OPA-LOCKA CODE OF ORIDNANCES, CHAPRTER 22 ZONING; ARTICLE IV DISTRICTS — PERMITTED USES AND DEVLOPMENT STANDARDS, SEC. 22-94. — I-4 LIBERAL INDUSTRIAL DISTRICT, STORAGE AND SALVAGE, MAXIMUM HEIGHT; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR ADOPTION OF ARTICLE; PROVIDING FOR AUTHORITY; PROVIDING FOR CODIFICATION; PROVIDING FOR SCIVENER'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. (Inaudible), 6200 SW 6th Avenue, Miami FL, apologized for some of his colleagues from the salvage companies because he had not informed them properly that the item was coming before the commission today. Many businesses are being affected by this old ordinance that is in the code. He hopes it will be amended and worded properly so this is no longer an issue. Dorothy Johnson, 13724 NW 22nd Place, Opa-locka, FL, said that she supports the item and hopes that everyone will work together to come to some resolve. 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 Holmes said he thought this was already straightened out. Commissioner Riley said that this is something else. Commissioner Pigatt said that it is logical to think that the walls should be as high as the cars so they cannot be seen beyond the business. He asked the sponsor why he would want to lower it. Regular Commission Meeting Minutes—2/28/2018 12 Commissioner Riley said that this is first reading and everyone has the opportunity to research the information between now and second reading. Commissioner Pigatt said that he hopes he will receive the information since this will result in a change to the code. Vice Mayor Kelley said that this has been an ongoing issue and said that he will support the item today. 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 4. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AMENDING ORDINANCE 15-25 THAT GOVERNS THE PREPARATION OF AGENDAS FOR CITY COMMISSION MEETINGS; 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 City Attorney The above ordinance was read by Attorney Brown. Vice Mayor Kelley opened the floor for a public hearing. Dorothy Johnson, 13724 NW 22nd Place, Opa-locka, FL, said that she supports the item. She hopes that if it does pass, the guidelines for legal sufficiency will be adhered to. There being no further persons to speak on the public hearing, the public hearing was closed. It was moved by Commissioner Holmes, seconded by Vice Mayor Kelley for discussion. Commissioner Riley said that a month is too long to prepare the agendas and business cannot be conducted that way. Vice Mayor Kelley said that the item is important to give the clerk's office enough time to prepare. City Clerk Flores said that the clerk's office does need more time to prepare the agenda before the commission meeting as the supporting documents aren't always provided by the deadline. She agreed that one month is too long to prepare the agenda, but the current time is not long enough. City Attorney Brown said that most cities have a longer turnaround time and the business is still conducted. The current schedule is not working. The manager, attorney, and clerk's office has Regular Commission Meeting Minutes—2/28/2018 13 dealt with this for years, but it is not working. For the deadline to be on Wednesday before the meeting and the agenda has to be prepared by that Friday at 5:00 p.m., there is not enough time to receive all of the supporting documents from all sponsor related items and then put it together; more time is needed. Vice Mayor Kelley agreed that 27 days is too long for preparation. City Manager Brown said that if the current system is not working, then the City needs to look at the root cause and determine why it is not working when it has always been this way. If legislation goes to the attorney's office and it does not meet the deadline, then it simply just does not meet the deadline. A month is too long and he does not see why it needs to change. He cannot support anything besides what is in place right now. City Attorney Brown said that this is a problem that has become systemic. He receives the items on a Friday at 5:00 p.m. and is expected to have everything prepared and it is not sufficient time. If 27 days is too far out, then they need to come up with a time that works for everyone. Vice Mayor Kelley asked that the clerk come up with an appropriate time for preparing the agendas. Commissioner Pigatt asked the clerk how many other cities have such a short timeframe for preparing agendas. City Clerk Flores said that she would have to research to get an exact number and provide the answer to Commissioner Pigatt's question. Commissioner Pigatt asked the attorney how much time does other cities attorneys have to review legislation and provide them to the clerk to prepare. City Attorney Brown said he is not aware of any other cities with such a short timeframe; it is really tight. Commissioner Pigatt asked the attorney how long it takes other cities attorneys to review legislation for legal sufficiency. City Attorney Brown said that sometimes it takes weeks because they plan it out. Commissioner Pigatt asked the clerk how long it takes generally to prepare the agendas. City Clerk Flores said that she cannot answer the question at this time because she has not spoken to other cities and received information about their agenda preparations or deadlines. Commissioner Pigatt said that the City needs to average what other cities are doing. Mayor Taylor said that from this discussion, she can see that this seems to only pertain to the manager and the attorney's offices. She does not see why everyone is involved if the issue lies with two (2) offices. This is the first time that she has heard of an attorney changing the deadline for when items are to be submitted. She told the attorney if he is bombarded with the manager's office, then he needs to deal with the manager's office. She told the attorney that he created the ordinance and questioned how he can be his own legal sufficiency. She also asked the attorney if Regular Commission Meeting Minutes—2/28/2018 14 he is a contracted firm, does he have the authority to correct City laws. It would look better if a commissioner would have sponsored the item on his behalf. City Attorney Brown said that he does have the authority to change the City laws. He then withdrew the item. Vice Mayor Kelley said that he wants the item brought back with a more feasible timeframe for the deadline and he will sponsor it. B. SECOND READING ORDINANCE(S)/PUBLIC HEARING: 5. AN ORDINANCE OF THE 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 (first reading/public hearing held on December 13, 2017). Sponsored by Commissioner Riley This item was deferred by the sponsor. City Clerk Flores said that this is a public hearing item and was advertised. She asked if the item has a time certain. Commissioner Riley said March 14, 2018. C. RESOLUTIONS: 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 City Manager Brown said that he has provided the commission with a report and is available to answer any questions they may have. Commissioner Holmes asked them manager about new cars for the police department. City Manager Brown said that he will provide a report to the commission because they are looking to see if it is feasible to purchase 5 new cars at this time. Commissioner Pigatt said that he would like for the manager to discuss the five items under his report. Regular Commission Meeting Minutes—2/28/2018 15 City Manager Brown said that the minutes have the information that he is requesting and asked if there is something specific that he wished for him to address at this time. Commissioner Pigatt said that the oversight board suggested that updates are given by the manager and that is why they were put under the manager's report. He would expect that the manager would have something to report from the oversight board. Commissioner Riley left at 9:25 p.m. Commissioner Holmes left at 9:28 p.m. City Manager Brown said that can be found in the oversight board's minutes. At the request of commissioner Pigatt, he went on to address each of the other topics under the manager's report. 18. OFFICIAL BOARD REPORTS: No reports at this time. 19. MAYOR/COMMISSION REPORT: Commissioner Pigatt said that it is very difficult to do his job as a commissioner without the support of the manager. Agenda briefings are held on a regular basis before regular meetings and the clerk and the attorney are there. The manager is the eyes and ears of the City and should be in the briefings providing information on items that will be discussed and voted on. This is why he placed an item on the agenda to have the manager fired at a previous meeting. It is hard for him to do his job without the assistance from the manager. He is also surprised that none of his colleagues have said anything about what is going on. Vice Mayor Kelley said that Farm Share was hosted on the first Wednesday and he is trying to get two (2) more dates for Farm Share moving forward. Meet Me Monday was also held and he will be bringing it to the Senior Citizens Building next month. Feeding South Florida was held on the 3rd Friday and is ongoing. The Black History Month Program was held at Sherbondy and he commended the parks for that. The seniors fishing trip was also a success, but it was a one day trip. He is going to work on an overnight trip at a hotel nearby so that they can stay longer and not have to worry about traffic. The trip was held at no cost to the City and he welcomes anyone that wants to donate for the next trip. Mayor Taylor said that she would like for the second meeting in March and the first meeting in June to be held in magnolia North. There will be a luncheon for National Women's Month held in March. She addressed a memo that was sent to the State Attorney's Office and the Ethics Commission that called out the commission and management for colluding and violating sunshine laws and she does not appreciate it; especially when it came from one of her colleagues on the commission. She has not violated any laws. 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 9:56 p.m. Regular Commission Meeting Minutes—2/28/2018 16 4' _ ► / MAYOR' ATTEST: CITY CLERK 1 Regular Commission Meeting Minutes—2/28/2018 17