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HomeMy Public PortalAbout04-April 16, 2018 Recessed Regular Commission Meeting Minutes CITY OF OPA-LOCKA "The Great City" CLERK'S ACTION SUMMARY MINUTES RECESSED REGULAR COMMISSION MEETING WEDNESDAY,April 16, 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 16, 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 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): 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: Recessed Regular Commission Meeting Minutes-4/16/2018 1 9. DISTRICT ONE/DISTRICT TWO - COUNTY COMMISSIONER REPORT: 10. PUBLIC PRESENTATION: 11. CITIZENS' INPUT: 12. ACTION ITEMS: 1 (13-3). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE AGREEMENT WITH ANTHONY BRUNSON, P.A., FOR CERTIFIED PUBLIC ACCOUNTANT SERVICES, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager *Deferred from 03/28/2018 The above resolution was read by Attorney Brown. It was moved by Vice Mayor Kelley, seconded by Commissioner Holmes for discussion. Vice Mayor Kelley said that the City received information from Mr. Brunson as to the breakdown of the agreement, but he does not see him here today and he had questions on how he arrived at the amount. He thought the agreement was clear on what he would charge for the two (2) audits. Commissioner Pigatt said that he agrees with the vice mayor and wants to see more supporting documentation before moving forward; he would like to see a detailed understanding of staff and hours that caused it to get to this amount. He asked that the item be deferred until the information is received. Commissioner Holmes said that they need to get down to the bottom of all of this and find out what funds are in the accounts. Commissioner Riley said that the audits are very important because it is needed to get other things done including the five year financial recovery plan which is a key factor. Mayor Taylor said that she agrees with Commissioner Holmes and would like to get the audits complete now, she called for the vote. Vice Mayor Kelley said that he too wants the audits done, but he is concerned about the additional dollars because it is a lot; how did they derive at the numbers. He asked the manager where the extra funds were coming from since this amount was not budgeted for. Is it going to be a budget amendment because there are no funds in the line item. Mayor Taylor asked the commission if they wanted to defer the item until the next meeting. Acting City Manager Daughtrey agreed that the item can be deferred. Recessed Regular Commission Meeting Minutes-4/16/2018 2 Commissioner Pigatt requested that the item comes back with the exact amount because there are two different amounts. This item was deferred by the sponsor. 2 (13-6). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, DIRECTING THE CITY MANAGER TO DO ALL THAT IS NECESSARY TO INSTALL SPEED BUMPS ON SEAMAN AVENUE FROM JANN AVENUE TO ORIENTAL BOULEVARD; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by Timothy Holmes The above resolution was read by Attorney Brown. It was moved by Commissioner Riley, seconded by Commissioner Pigatt for discussion. Commissioner Pigatt said that when he speaks with residents, the common concern is the speeding around the City. He asked that the item be broad and include speeding bumps for residents City wide. Commissioner Holmes said that he is tired of people speeding in the area and wants the bumps put in place. Mayor Taylor agreed and asked who decides the type of speed bumps because they are different. City Attorney Brown said that it is between the county and a traffic engineer retained by the City. Vice Mayor Kelley said that is why he wants to do a separate legislation where it can be targeted City wide. Mayor Taylor requested that they be informed in advance on the type of bump before it is installed. 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 3 (13-10). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, DIRECTING THE CITY MANAGER TO FOLLOW THE RECOMMENDATIONS FROM THE MIAMI-DADE WATER AND SEWER DEPARTMENT ADDRESSING BILLING; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by Commissioner Pigatt The above resolution was read by Attorney Brown. Recessed Regular Commission Meeting Minutes—4/16/2018 3 It was moved by Commissioner Pigatt, seconded by Vice Mayor Kelley for discussion. Commissioner Riley asked if everything was done regarding the billing to allow for this to happen. Acting City Manager Daughtrey said that they have met with the county and staff believes that this would be in the best interest of the City for the county to handle the water and sewer. Commissioner Pigatt said that he sponsored this item after concern and meeting with the manager and believes that this is clear cut information that needs to be used regarding the billing. Commissioner Riley said that all of the issues regarding the billing needs to be straightened out before implementing recommendations because the residents are still complaining about the high water bills. He yielded to Assistant City Manager William Green. Mr. Green said that the customers are being billed on a three (3) week cycle and the City will have town hall meetings to explain all of this. There being no further discussion, the motion on the resolution passed by a 3-2 vote. Vice Mayor Kelley Yes Commissioner Pigatt Yes Commissioner Riley No Commissioner Holmes Yes Mayor Taylor No 13. CONSENT AGENDA: 14. NEW ITEMS: 15. PLANNING & ZONING: A. HEARINGS: 1. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, APPROVING THE FINAL PLAT TO CLOSE, VACATE AND ABANDON THE EASEMENT LOCATED UNDER A WAREHOUSE BUILDING LOCATED AT 2040 NW 141ST STREET OPA-LOCKA, FLORIDA AND IDENTIFIED BY FOLIO 08-2122-017-0250 AND LEGAL DESCRIPTION: LOTS 1 THRU 3, AND LOTS 22 THRU 24, BLOCK 2 OF "BARDOL SUBDIVISION", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 62, AT PAGE 76, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, IN THE I-1 LIGHT INDUSTRIAL DISTRICT; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager The above resolution was read by Attorney Brown. Mayor Taylor opened the floor for a public hearing. Recessed Regular Commission Meeting Minutes—4/16/2018 4 Graham Penn, 200 South Biscayne Boulevard, Miami, FL, said that he is representing the applicant and the plat is necessary to remove an unutilized utility easement and he is prepared to answer any questions the commission may have. 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 Pigatt asked why it is in the City's best interest to keep the easement. Community Development Director Gregory Gay said that the City should keep the easement because there is a structure on the property that has been there for over fifty years and therefore there is no need for the easement. Commissioner Pigatt said that is does not justify anything because someone put a structure there fifty years ago. 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 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, APPROVING A REQUEST TO REZONE FROM R-1 TO R-3, THE PROPERTY LOCATED AT 275 SABUR LANE AND IDENTIFIED BY FOLIO 08-2121- 003-0150 AND BY LEGAL DESCRIPTION LOT 7 IN BLOCK 102 OF "REVISED PLAT NO. TWO OPA-LOCKA", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 34, AT PAGE 67 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA; 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 Manager The above ordinance was read by Attorney Brown. Mayor Taylor opened the floor for a public hearing. Graham Penn, 200 South Biscayne Boulevard, Miami, FL, said that he is there on behalf of Jeremy and Josh Mathis who are the owners of the property. He told the commission that on second reading there is a broader plan of requests relating to the property. This portion of it is a simple rezoning from R1 to R3. It has been historically a hotel/rooming house, but it got zoned Recessed Regular Commission Meeting Minutes—4/16/2018 5 to R1 which only allows single families. The building has been derelict and the brothers want to bring it back to life after decades of being empty. 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 Pigatt for discussion. Vice Mayor Kelley asked what R3 allows for. Commissioner Riley said that it allows for multifamily. There being no further discussion, the motion on the ordinance passed by a 4-1 vote. Vice Mayor Kelley Yes Commissioner Pigatt Yes Commissioner Riley Yes Commissioner Holmes No Mayor Taylor Yes 2. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AMENDING CHAPTER 13 LICENSES AND BUSINESS REGULATIONS, ARTICLE VIII STREET AND MOBILE VENDORS, SECTION 13-165 MOBILE VENDOR REQUIREMENTS 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 Vice Mayor Kelley The above ordinance was read by Attorney Brown. Mayor Taylor opened the floor for a public hearing. Stanley Bernard 14585 NW 22'd Avenue, Opa-locka, FL, said that he is a food truck vendor and he is aware that the commission was going to amend this section of the code and he wants to inform the commission that it will be difficult for him to maintain his business. He operates more than eight hours and this will affect his business. He wants to know why. He also wants to know if the truck is in violation of parking where it is overnight because Code Enforcement is threatening him of being in violation. There being no further 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. Vice Mayor Kelley said that he wanted to bring the item for discussion because he hears from businesses that are brick and mortar that they are at a disadvantage because they do not get the same amount of time to operate because of the code. Unless there is a special circumstance then the time needs to be adhered to. He asked for the Code Enforcement Department to come before the dais and explain. Recessed Regular Commission Meeting Minutes—4/16/2018 6 Code Enforcement Supervisor Wilma Wilcox said that the vendor is not in violation being there, but according to the code, once the business is finished, the trailer needs to be moved from there. There are no issues with any one of the other mobile vendors and he cannot leave the trailer there overnight. Commissioner Pigatt said that he likes entrepreneurship and does not want to restrict businesses from earning a living. He understands the vice mayor's concern and believes the code should be adhered to,but the time should not be restricted to eight hours. Vice Mayor Kelley deferred the item to allow for the manager and Code Enforcement to review the matter. 3. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA AMENDING CHAPTER 22, ARTICLE VI, SECTION 22-160 - REGULATIONS FOR PARKING, STORING OR KEEPING COMMERCIAL VEHICLES, BOATS, BUSES, TRAILERS AND TRUCKS 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 Vice Mayor Kelley 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 Vice Mayor Kelley, seconded by Commissioner Riley for discussion. Commissioner Riley said that there is a county wide code on residential properties and they are not allowed to park at all. City Attorney Brown said that there was an item brought forth last year that didn't fully address the parking issue, this item does. The City can pass its own ordinance that is more astringent than the county's. Commissioner Pigatt asked if a fifteen passenger vehicle falls under this ordinance because it is unclear. Vice Mayor Kelley deferred the item to allow for the manager and Code Enforcement to review the matter. B. SECOND READING ORDINANCE(S)/PUBLIC HEARING: 1. 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; Recessed Regular Commission Meeting Minutes—4/16/2018 7 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 Commission Riley *Deferred from 03/14/2018 This item was deferred by the sponsor until the second meeting in May. 2. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AMENDING CHAPTER 19 OF THE CODE OF THE CITY OF OPA-LOCKA, FLORIDA, ENTITLED "STREETS AND SIDEWALKS," BY AMENDING ARTICLE I, ENTITLED "IN GENERAL," BY CREATING SECTION 19-8 TO BE ENTITLED "ADOPT-A-ROAD"; 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 February 15, 2018). Sponsored by Commission Riley *Deferred from 03/14/2018 This item was deferred by the sponsor until the second meeting in May. 3. 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 (first reading/public hearing held on February 28, 2018). Sponsored by Commissioner Riley *Deferred from 03/28/2018 This item was deferred by the sponsor until the second meeting in May. 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 18. OFFICIAL BOARD REPORTS: No reports at this time. 19. MAYOR/COMMISSION REPORT: Commissioner Holmes asked the manager to move the police department to the third floor of the city hall building immediately because the mold is causing the employees to become ill. Recessed Regular Commission Meeting Minutes-4/16/2018 8 Vice Mayor Kelley asked the manager if he had anything to say to the commission at this time. Acting City Manager Daughtrey thanked the commission for allowing him to serve the community. He said that he is already looking into the mold situation with the police department and will see about relocating the employees. He will also be providing a report on all of the topics that came under the city manager's report. 20. OFFICIAL BOARD APPOINTMENTS: 21. ADJOURNMENT: There being no further business to come before the commission, it was moved by Commissioner Holmes, seconded by Commissioner Riley to adjourn the meetin at 9:08 " m' s /' _Le,,,_ , 0-MAYOR ATTEST: 7 _4 CITY CLERK k Recessed Regular Commission Meeting Minutes—4/16/2018 9