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HomeMy Public PortalAbout04- April 25, 2018 Regular Commission Meeting Minutes CITY OF OPA-LOCKA "The Great City" CLERK'S ACTION SUMMARY MINUTES REGULAR COMMISSION MEETING WEDNESDAY,April 25, 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, April 25, 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: Acting City Manager Newall Daughtrey, City Attorney Vincent T. Brown, and City Clerk Joanna Flores. 3. INVOCATION: The invocation was delivered by Mayor Myra 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: pulled 13-2 (Mayor Taylor); defer 13-3 (Commissioner Holmes); pulled 13-4 (Commissioner Riley); defer 16-2 and 16-3 until the commission meeting of May 23, 2018 (Acting City Manager Daughtrey). 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 Regular Commission Meeting Minutes-4/25/2018 1 Vice Mayor Kelley Yes Commissioner Pigatt Yes Mayor Taylor Yes 8. APPROVAL OF MINUTES: Recessed Special Commission Meeting Minutes—July 06, 2017 It was moved by Vice Mayor Kelley, seconded by Commissioner Riley to approve the minutes from the Recessed Special Commission Meeting of July 06, 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 Regular Commission Meeting Minutes—February 28, 2018 It was moved by Commissioner Riley, seconded by Commissioner Holmes to approve the minutes from the Regular Commission Meeting of February 28, 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 Jordan's Office, District I, said that he sent an e-mail to the City Clerk's office regarding the summer jobs and that they are still working on it. Vice Mayor Kelley thanked Mr. Gardner for the update. Mr. Gardner announced a Music in the Park series that will be held at the Betty T. Ferguson Center and also Animal Services is having a free spay and neuter event for dogs only. He said he brought flyers to distribute and will put them in the back. Cedric Brazle, District II, Commissioner Jean Monestime's Office, said that he does not have anything to report, but will take any concerns the commission may have back to Commissioner Monestime. Vice Mayor Kelley said that he has not heard where anything is being done about Ingram Terrace Apartments or any word on the summer jobs for the youth. He hopes that the district is looking into that for the residents of Opa-locka. Regular Commission Meeting Minutes-4/25/2018 2 Commissioner Riley said that on the east side of 132nd Street there is still hurricane debris. Mr. Brazle said that he will look into the matter and report back to the commission. 10. PUBLIC PRESENTATION: 11. CITIZENS' INPUT: Brian Dennis, 821 NW 54th Street, Miami, FL, said that he is in support of items 1, 2, 3, and 4. He commends Commissioner Pigatt for doing what he said he would do and thanked the new interim city manager for being here. Everyone in their respective department should continue to do the right thing. Terence Wuang, 12691 NW 42nd Avenue, Opa-locka Hialeah Flea Market, said that he is there on behalf of the businesses at the flea market and is having problems from Code Enforcement. The have paid thousands of dollars upgrading the flea market and still have more work to do, but Code Enforcement has given them fifteen citations and they do not understand why. The have tried to work with Code Enforcement numerous times to no avail, when all they are trying to do is improve the flea market when no one has done anything with it in ten (10) years. (Inaudible), Opa-locka Hialeah Flea Market, Opa-locka, FL, said that he has been a vendor for years and the flea market is looking better than it has in years. He asked the City to allow the flea market to continue to flourish so that they can earn a living. Marly Sosa, Opa-locka Hialeah Flea Market, Opa-locka, FL, said that she has been a vendor for 8 years now and has seen much improvement with the flea market. The vendors are even being treated much better. Mr. Molina, said he grew up in and around the flea market and the conditions are much better than they were and hopes they can continue to do what needs to be done to make it a better place and also provide jobs to the residents. Ray Cortes, 12691 NW 42nd Avenue, Opa-locka Hialeah Flea Market, Opa-locka, FL, asked for the City to give the flea market an opportunity to continue to improve. William Perez,12691 NW 42nd Avenue, Opa-locka Hialeah Flea Market, Opa-locka, FL, said that he has been employed with the flea market long enough to see that renovations are going on and he thinks the over five hundred (500) vendors who work at the flea market provide a good revenue for the City in the form of occupational license fees. Repairs have been made with the potholes and the restrooms. It is a family friendly place to attend. Natasha Ervin, 670 Dunad Avenue, said that she is enjoying the cleanup that is going on in the City and hopes that it will continue. Christopher (Inaudible), 12691 NW 42nd Avenue, Opa-locka Hialeah Flea Market, Opa-locka, FL, said that he is the owner of the flea market and he thanked the vendors who came out and spoke on behalf of the business. He asked that before the violations are given, that the City informs the businesses of what is going on because half of the time they are not aware of the rules and the website gives no information. He asked for patience and understanding with the process. Regular Commission Meeting Minutes—4/25/2018 3 Commissioner Pigatt said that he does not like to hear about the residents who are being harassed by Code Enforcement and hopes that it will stop. Acting City Manager Daughtrey said that he will be addressing these issues. Vice Mayor Kelley agreed with Commissioner Pigatt and something should be done. The commission presented a commendation to Officer Scherry Thompson of the Opa-locka Police Department for recovering an expensive piece of equipment (A Bobcat) and returning it to its rightful owner in Collier County. 12. ACTION ITEMS: 1 (13-2). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, APPOINTING NEWALL J. DAUGHTREY AS CITY MANAGER, SUBJECT TO HIM PASSING A LEVEL 2 CRIMINAL BACKGROUND CHECK; 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, The motion died for a lack of a second. 2 (13-3). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, REQUESTING ASSISTANCE FROM THE STATE OF FLORIDA WITH FINANCIAL AUDITS IN ORDER TO DETERMINE THE CITY OF OPA- LOCKA'S FINANCIAL POSITION; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by Commissioner Holmes This item was deferred by the sponsor. 3 (13-4). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, DIRECTING THE CITY MANAGER TO ENFORCE CHAPTER 7 BUILDINGS, HOUSING AND STRUCTURAL REGULATIONS, ARTICLE ii HOUSING, SECTION 7-23 OF THE CITY OF OPA-LOCKA CODE OF ORDINANCES ADDRESSING MINIMUM HOUSING STANDARDS; 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 Vice Mayor Kelley for discussion. Commissioner Riley said that he understands what his colleague is trying to do, but the resolution is referring to an item from 1955 that is no longer in existence. The section in the resolution has also been replaced earlier this year. Regular Commission Meeting Minutes—4/25/2018 4 Commissioner Pigatt said that the item came about after he had the opportunity to sit down with several residents who live at numerous apartments around the City and one of the main complaints is the housing conditions. Many of the residents are living in slum conditions because of low level housing standards. This legislation directs the city manager to enforce the minimum housing for the City. He is a little confused by Commissioner Riley statement because the actual code is still in effect. City Attorney Brown agreed with Commissioner Pigatt that even though the code had been amended this year, it is still a catch all code that will still continue to be an ordinance for Miami- Dade County so Commissioner Pigatt is correct. Commissioner Pigatt said that the people of Opa-locka should know that the City cares for their wellbeing. Commissioner Riley said that the ordinance was not amended in February. The county took the ordinance and adopted a new one. Also, a new agency has been formed in the county to handle the residential apartment complexes in the City. There are currently six complexes that will receive assistance under this agency. He said that he wants the same thing that Commissioner Pigatt wants; he just wants it done right. Vice Mayor Kelley said that he supports the item and believes that the current city manager will have a balanced approach when handling this so the City does not look bad for shutting down complexes and causing the residents to have to move. City Attorney Brown said that the ordinance in question seems to be a title change and not a change with the ordinance itself. 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 No Commissioner Holmes Yes Mayor Taylor Yes 13. CONSENT AGENDA: 1 (13-1). A RESOLUTON OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENGAGE THE STATE OF FLORIDA IN NEGOTIATIONS TO REGAIN ACCESS TO FUNDS FROM THE STATE REVOLVING FUND THAT WERE VOLUNTARILY SURRENDERED OR DECOMMITTED FOR NON-USE; 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 Pigatt to pass the resolution. The motion on the resolution passed by a 5-0 vote. Regular Commission Meeting Minutes-4/25/2018 5 Vice Mayor Kelley Yes Commissioner Pigatt Yes Commissioner Riley Yes Commissioner Holmes Yes Mayor Taylor Yes 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, REPEALING ORDINANCE 16-06 WHICH AMENDED ORDINANCE 15-31, SECTION 22-118 PROPERTY MAINTENANCE, "I", OF THE LAND DEVELOPMENT REGULATION ADDRESSING EXTERIOR COLOR STANDARDS FOR COMMERCIAL BUILDINGS, INDUSTRIAL BUILDINGS, MULTI- FAMILY BUILDINGS, DUPLEX RESIDENCES AND SINGLE-FAMILY RESIDENCES. FURTHER PROVIDING FOR RESTRICTIONS AND REQUIREMENTS FOR THE EXTERIOR COLORING OF EXISTING AND NEW COMMERCIAL, INDUSTRIAL AND RESIDENTIAL STRUCTURES; 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 Pigatt 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 Vice Mayor Kelley, seconded by Commissioner Pigatt for discussion. Vice Mayor Kelley said that he understands the need for this, but does not think it will be beneficial at this time. Commissioner Pigatt said that the people that are painting their property are doing it based on individuality and how they want their property to look while maintaining it. This would allow them to express themselves. He does not understand why these particular colors were chosen. Mayor Taylor said that she sponsored the original legislation because she noticed that people were painting their houses in all kinds of colors and it did not make the City look good. After researching other Cities she found that they had color charts that allowed their cities to look uniform. Regular Commission Meeting Minutes-4/25/2018 6 Vice Mayor Kelley said that he understands the intent from the sponsor, but suggested that the item be deferred and be brought back more refined. He agreed that the color chart is outdated, but the way it is written now, he has a problem with it. Mayor Taylor agreed that the color chart needs updating and said she is working on a color scheme. This item was deferred by the sponsor who then requested a workshop so that the community can provide input. Vice Mayor Kelley ask the mayor to provide the color scheme at the workshop. B. SECOND READING ORDINANCE(S)/PUBLIC HEARING: 1. 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. City Attorney Brown acknowledged scrivener's errors in sections in the legislation. In section 3 paragraph 1, the two weeks will be removed. In section 3 paragraph 2, the one week will be removed. Mayor Taylor asked if the changes had to be voted on. City Attorney Brown said, "Yes." Mayor Taylor opened the floor for a public hearing. There being no persons to speak on the public hearing, the public hearing was closed. It was moved by Vice Mayor Kelley, seconded by Commissioner Pigatt for discussion. Commissioner Pigatt asked the manager if the timeline was sufficient for the appointed officials to prepare the information and the agendas. Acting City Manager Daughtrey said, "Yes." There being no further discussion, the motion to amend the ordinance passed by a 4-1 vote. Vice Mayor Kelley Yes Commissioner Pigatt Yes Commissioner Riley No Commissioner Holmes Yes Mayor Taylor Yes Regular Commission Meeting Minutes-4/25/2018 7 City Attorney Brown said that the city manager has always been the central repository for submitting agenda items. If need be, the attorney will prepare the item and forward it to the city clerk. This keeps the city manager in the loop in case there is a fiscal impact. There being no further discussion, the motion on the ordinance passed by a 4-1 vote. Commissioner Holmes Yes Vice Mayor Kelley Yes Commissioner Pigatt Yes Commissioner Riley No Mayor Taylor Yes 4. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, DESIGNATING ALADDIN STREET FROM CALIPH STREET TO FISHERMAN STREET AS DAVID GRANT STREET; 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 March 28, 2108). Sponsored by Vice Mayor Kelley 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 Vice Mayor Kelley, seconded by Commissioner Riley for discussion. Commissioner Pigatt said that he supported the item up until this point because there are no supporting documents for why the City would be naming a street after Mr. Grant. He has no problem with the street naming, but would like for the residents to know why a street is being named after someone. Vice Mayor Kelley said that in the past, there was no documentation needed because everyone knew who the streets were being named after. He will work on providing supporting documentation. Mayor Taylor asked the attorney if there is an ordinance on the criteria for street naming. City Attorney Brown said that there is an ordinance that speaks to this. Mayor Taylor asked the sponsor if his ordinance met the criteria. Vice Mayor Kelley said that his ordinance met the criteria when it was brought to the commission. As he stated, there was nothing in place in the past for this because the people whom the streets were named after were well known in the community as well as their contributions. He asked to call for the vote on the item. There being no further discussion, the motion on the ordinance passed by a 4-1 vote. Commissioner Holmes Yes Regular Commission Meeting Minutes-4/25/2018 8 Vice Mayor Kelley Yes Commissioner Pigatt No Commissioner Riley Yes Mayor Taylor Yes Mayor Taylor said that she voted yes today, but agreed with Commissioner Pigatt about the need to know what people have done to have a street named after them. Otherwise anybody can be designated at street and there would be no streets left. 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 Acting City Manager Daughtrey thanked the commission for giving him the opportunity to serve as city manager. He has had cooperation from the staff thus far, although some of the employees are nervous. He will hold a meet and greet on next Thursday so that staff can ask questions or voice their concerns on City matters. He is in the process of becoming familiar with the business at hand and will be providing information to the commission on where the City is once he has had the opportunity to make an assessment. He suggested that the City strongly follow the recommendations from the state. There has been delay with the county providing assistance to the City because of the lack of payments going out to satisfy the debt. He will make sure that this starts and the county continue to provide the assistance. They are working to satisfy the issues with the pump stations. The county has about two hundred and fifty thousand dollars ($250,000.00) for the renovations of the cultural arts center and the City needs to provide the information on how it intends to use those funds. He said that it takes time, but he will address all of the issues that are going on in the City as it moves forward. 18. OFFICIAL BOARD REPORTS: No reports at this time. 19. MAYOR/COMMISSION REPORT: Mayor Taylor said that she knows that there is money going out, but she would like to see money coming in. Also, be mindful of all of the illegal dumping that has been going on around the City. Once a small pile is created, it grows very quickly and that creates a problem. She asked the manager if the road had to be torn up in order to repair the road on Cairo Lane. Acting City Manager Daughtrey said that the roads will be repaired without digging up the streets; it will be smoothed out. Commissioner Holmes asked the attorney to let him know when the contract for the cameras expires later this year because he wants to do away with it. Regular Commission Meeting Minutes-4/25/2018 9 City Attorney Brown acknowledged the commissioner. Vice Mayor Kelley announced that the National Day of Prayer Luncheon will be held on next Thursday, May 3, 2018. Mayor Taylor announced that the Community Garage Sale held on Saturday, April 21, 2018 was a success and another one would be forth coming. City Attorney Brown announced an attorney/client session on May 16, 2018. 20. OFFICIAL BOARD APPOINTMENTS: Vice Mayor Kelley announced that Ms. Natasha Ervin had been appointed to the Housing Authority and Nuisance Abatement Board by Commissioner Holmes. 21. ADJOURNMENT: There being no further business to come before the commission, it was moved by Commissioner Pigatt, seconded by Vice Mayor Kelley to adjourn the meeting at 9'03 p.m. Th MAYOR ATTEST: ,l,k' i i CI ITY CLERK Regular Commission Meeting Minutes-4/25/2018 10