HomeMy Public PortalAbout07-July 11, 2018 Regular Commission Meeting Minutes CITY OF OPA-LOCKA
"The Great City"
CLERK'S ACTION SUMMARY MINUTES
REGULAR COMMISSION MEETING
WEDNESDAY,July 11, 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, July 11, 2018 at
the Sherbondy Village Auditorium, 215 Perviz Avenue, Opa-locka, Florida.
2. ROLL CALL:
The following members of the City Commission were present: Mayor Myra L. Taylor,
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. Vice Mayor Joseph L. Kelley arrived at 7:11 p.m.
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: withdraw 13-2 (City Attorney Brown); pulled 13-1, 13-3, and 13-4 (Commissioner
Pigatt).
7. APPROVAL OF AGENDA:
It was moved by Commissioner Riley, seconded by Commissioner Holmes to approve the
agenda, consent agenda and pull list.
There being no discussion, the motion passed by a 4-0 vote.
Commissioner Riley Yes
Commissioner Holmes Yes
Vice Mayor Kelley Not Present
Commissioner Pigatt Yes
Regular Commission Meeting Minutes—7/11/2018 1
Mayor Taylor Yes
8. APPROVAL OF MINUTES:
Recessed Regular Commission Meeting Minutes—April 16, 2018
It was moved by Commissioner Riley, seconded by Commissioner Holmes to approve the
minutes from the Recessed Regular Commission Meeting of April 16, 2018.
There being no discussion, the motion passed by a 4-0 vote.
Vice Mayor Kelley Not Present
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 did not have
anything to report at that time, but will take any issues or concerns back to Commissioner
Jordan.
Mayor Taylor asked Mr. Gardner to take some flyers for the Community Garage Sale and give to
the commissioner.
Cedric Brazle, Commissioner Jean Monestime's Office, District II, said that he did not have
anything to report at that time, but will take any issues or concerns back to Commissioner
Monestime.
Mayor Taylor asked Mr. Brazle to take some flyers for the Community Garage Sale and give to
the commissioner.
10. PUBLIC PRESENTATION:
11. CITIZENS' INPUT:
Jill Welch, said that her water bill is too high. She wants to know why the bills are being
backlogged because it is confusing.
Mayor Taylor directed her to speak with someone in the back of the room.
Dorothy Johnson, 13724 NW 22nd Place, Opa-locka, FL, said that the sponsor for item 13-3 has
changed from the previous meeting and she is unsure if that is a sunshine violation. She said that
she thought when a person is running for office that they can only fill out the forms first. She has
pictures and has seen and heard about people knocking on doors and letting the residents know
what they are doing in the City. That is just a slick way of campaigning.
Mayor Taylor asked if the changing of the sponsor for the item was proper.
Regular Commission Meeting Minutes—7/11/2018 2
City Attorney Brown said, "Yes".
Mayor Taylor asked the clerk about people knocking on doors.
City Clerk Flores said that there is nothing that prohibits anyone from announcing that they are
running. Also, if they are going door to door with City officials on City time, then that should not
be.
Vice Mayor Kelley arrived at 7:11 p.m.
12. ACTION ITEMS:
1 (13-1). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, RETROACTIVELY AUTHORIZING AN EMERGENCY
PROCUREMENT, APPROVING THE HIRING OF DIAMANTI CONSTRUCTION AND
DEVELOPMENT, INC, AND AUTHORIZING THE CITY MANAGER TO ENTER
INTO AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
FOR BAHMAN AVENUE SANITARY SEWER CONSTRUCTION IN AN AMOUNT
NOT TO EXCEED THREE HUNDRED AND FORTY-NINE THOUSAND DOLLARS
($349,000.00); 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 Pigatt for discussion.
Commissioner Pigatt commended the manager for providing all of the supporting documents for
this item. He asked the manager to ensure that everything is restored to its original state once
construction is complete.
Commissioner Riley asked if the company was bonded.
Acting City Manager Daughtrey said that they are, it cost six thousand dollars more, but they are
bonded.
Vice Mayor Kelley asked how the residents will be informed of the project and the potential of
their water services being disrupted.
Acting City Manager Daughtrey said that notice will be given to the residents in that area prior to
disrupting any services.
Commissioner Holmes asked if this company was affiliated with the last one.
Acting City Manager Daughtrey said, "No".
Mayor Taylor asked where the funds will be coming from.
Acting City Manager Daughtrey said the funds will come from the water and sewer account.
Regular Commission Meeting Minutes—7/11/2018 3
Mayor Taylor told the manager to ensure that the work is done satisfactorily before this
contractor leaves.
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
2 (13-3). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, AUTHORIZING THE PAYMENT OF COMMISSIONER
TIMOTHY HOLMES'S LEGAL FEES AND THE HIRING OF MICHAEL PIZZI, ESQ.
TO DEFEND A CIVIL ACTION RESULTING FROM THE PERFORMANCE OF THE
COMMISSIONER'S OFFICIAL DUTIES WHILE SERVING A PUBLIC PURPOSE;
PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN
EFFECTIVE DATE. Sponsored by Commissioner Riley
The above resolution was read by Attorney Brown.
It was moved by Commissioner Riley, seconded by Commissioner Holmes for discussion.
Commissioner Riley said that he sponsored the item because anytime there are any lawsuits
against any commissioners while serving in their capacity as elected officials, Florida Statutes
states that the City has to provide legal services.
Commissioner Pigatt said that he is very uncomfortable with this choice of attorney and asked if
there is any other lawyer that he can choose. He is all for him being defended in this type of
situation, but not with this specific attorney.
Commissioner Holmes said that he has signed a waiver stating that he cannot comment on this
because of the litigation that is going on. He hired this attorney because he is a good attorney and
he believes he knows what he is doing.
Commissioner Pigatt said that while he is in support of his colleague receiving support, but not
from this particular attorney. He asked the attorney to elaborate on the amount of lawsuits this
attorney is involved in where the City is concerned. He will not support the item that includes a
lawyer who is involved in so many lawsuits against the City; this is not right.
Commissioner Holmes informed Commissioner Pigatt that it could have easily been him that
needs defending from this lawsuit right now because he was also one of the three votes that
terminated the previous manager. He is unsure of why he was chosen, but he is pleased with this
attorney.
Commissioner Pigatt said that he does not support the item.
Mayor Taylor said that she has been in this position and asked the attorney if this causes an issue
because the attorney in question is defending lawsuits from people who are suing the City.
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4
City Attorney Brown said that is a question that the mayor will have to ask Michael Pizzi. He
then went on to say that he is concerned about Commissioner Holmes seconding the item as he is
directly involved in the actions that are being taken and he does not want it to become an ethical
violation. He suggested that it be tabled so that he can research it and see if there are any issues
that may arise from this. He had not anticipated the commissioner to second the item or vote on
the item.
Commissioner Holmes said that it could have been anyone of the other commissioners sitting in
his position and he is pleased with his choice.
Mayor Taylor asked Commissioner Holmes to remove his second so that they can move the item
to the end of the agenda.
Commissioner Holmes withdrew his second and the item was moved to the end of the agenda.
3 (13-4). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, PROHIBITING THE ACTING CITY MANAGER FROM
REQUIRING EMPLOYEES TO INFORM HIM OF CONVERSATIONS WITH
COMMISSIONERS; PROVIDING FOR INCORPORATION OF RECITALS;
PROVIDING FOR AN EFFECTIVE DATE. Sponsored by Commissioner Holmes
The above resolution was read by Attorney Brown.
It was moved by Commissioner Holmes, seconded by Commissioner Riley for discussion.
Commissioner Pigatt asked the sponsor why there is a need to prohibit this act.
Commissioner Holmes said that he is not going to teach the commissioner anything tonight and
if he does not know, then he will not be the one to teach him; he can vote it up or down.
Vice Mayor Kelley said that he is surprised that this item is even on the agenda. He expected the
attorney to weigh in on what this would mean if the item is passed. He asked the attorney for
clarity on the impact that this would have on the commission if it passes.
City Attorney Brown said that it is up to the commission on whether or not they want to vote for
this item. They have to deem if it is a violation of the charter and then make the determination on
whether or not this is ethical.
Commissioner Riley said that it would not matter anyway because he has been accused of saying
things he has not said. People can say whatever they want to say at the end of the day. The
constitution says that people have the right to say whatever they want to say.
Commissioner Holmes said that he has been in office since 1994 and he has never heard that if
any of the employees speak to the commission they will be fired and that is not right.
Mayor Taylor said that she does not want the employees to be in fear of speaking to the
commission if they have concerns and cannot speak with their superiors.
There being no further discussion, the motion on the resolution passed by a 3-2 vote.
Regular Commission Meeting Minutes—7/11/2018 5
Vice Mayor Kelley No
Commissioner Pigatt No
Commissioner Riley Yes
Commissioner Holmes Yes
Mayor Taylor Yes
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 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 Vice Mayor Kelley, seconded by Commissioner Pigatt for discussion.
Commissioner Riley said that he asked questions during the workshop and has not received any
answers. How much money was actually received from the ad valorem taxes because the City's
amount differs from the tax collector's office? Things happened in the 2015 — 2016 audit
referenced to the budget and it not a part of this amendment. Water and sewer was to pay back
the general fund because the general fund had been paying for payroll when it should be coming
from the enterprise fund as with all other municipalities. He said he does not know where the
City is financially at this time.
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Commissioner Pigatt asked the manager if the funding for the sinkhole, the potholes, and Ingram
Park was included in the amendment.
Acting City Manager Daughtrey said, "Yes."
Vice Mayor Kelley said that the budget amendment needs to move forward because it is almost
time for the new budget process for FY 2018— 2019.
There being no further discussion, the motion on the ordinance passed by a 5-0 vote.
Vice Mayor Kelley Yes
Commissioner Pigatt Yes
Commissioner Riley Yes
Commissioner Holmes Yes
Mayor Taylor Yes
2. 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. Sponsored by City Manager
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 she is concerned that the City
is moving forward and the audits are not complete. They need to be done so that the information
is correct.
There being no further persons to speak on the public hearing, the public hearing was closed.
It was moved by Commissioner Pigatt, seconded by Vice Mayor Kelley for discussion.
Commissioner Riley asked why the time to adopt the budget has not changed since the governor
gave additional time to submit the budget.
City Attorney Brown said that was done because of the hurricane and that was a one-time thing.
Because the governor granted additional time for submitting the budget, it does not change the
date of the fiscal year which starts every October 1st and that is by Florida Statutes.
Commissioner Pigatt asked if this will change the water rates.
Regular Commission Meeting Minutes—7/11/2018 7
Acting City Manager Daughtrey said that is the next item.
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
3. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, AMENDING THE OPA-LOCK& CODE OF ORDINANCES,
CHAPTER 21 WATER, SEWER AND STORM WATER UTILITIES SECTION 21-77
SCHEDULE OF RATES GENERALLY; 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 Manager
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, asked if this is telling the county to
keep the water rates the same.
Acting city Manager Daughtrey said that this is to bring the City in line with what it is actually
doing. This ordinance gives him the authority to do what he is doing.
George Suarez, 1201 Dunad Avenue, Opa-locka, FL, said that the residents are already paying
the highest water rates in the county and wants to know where they will go from here.
Keith Sweeting, 14120 NW 23rd Court, Opa-locka, FL, said that his bill has gone from $58.00 to
$1,000.00 and only he and his wife live in the home.
Mayor Taylor directed the resident to speak with the finance director as the public hearing is
only to speak on the ordinance.
Commissioner Pigatt thanked the manager for making a move on this item.
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 Pigatt for discussion.
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
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Commissioner Holmes No
Mayor Taylor Yes
4. 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.
Natasha Ervin, 670 Dunad Avenue, Opa-locka, FL, asked if this means that people cannot park
their work vehicles at their homes.
Vice Mayor Kelley said that it is not intended for a work van or carwash vehicles, he is referring
to commercial vehicles.
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 Pigatt for discussion.
Commissioner Riley said there was a discussion previously and people were being written
citations because it was identified as a mobile unit. If it does not move on its own, it is not a
mobile unit.
Mayor Taylor asked the sponsor about the PODS that people are parking in their yards.
City Attorney Brown said that it only pertains to vehicles with wheels.
There being no further discussion, the motion on the ordinance passed by a 5-0 vote.
Vice Mayor Kelley Yes
Commissioner Pigatt Yes
Commissioner Riley Yes
Commissioner Holmes Yes
Mayor Taylor Yes
B. SECOND READING ORDINANCE(S)/PUBLIC HEARING:
1. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, AMENDING SECTION 7-1 ENTITLED SOUTH FLORIDA
BUILDING CODE APPLICABLE OF THE CITY OF OPA-LOCKA CODE OF
ORDINANCES TO REFLECT THE CURRENT NOMENCLATURE UTILIZED BY
MIAMI-DADE COUNTY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES
Regular Commission Meeting Minutes—7/11/2018
9
IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE (first
reading/public hearing held on June 13, 2018). 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 floor for public hearing was closed.
It was moved by Vice Mayor Kelley, seconded by Commissioner Pigatt for discussion.
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
The attorney revisited item 13-3.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,
FLORIDA, AUTHORIZING THE PAYMENT OF COMMISSIONER TIMOTHY
HOLMES'S LEGAL FEES AND THE HIRING OF MICHAEL PIZZI, ESQ. TO
DEFEND A CIVIL ACTION RESULTING FROM THE PERFORMANCE OF THE
COMMISSIONER'S OFFICIAL DUTIES WHILE SERVING A PUBLIC PURPOSE;
PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN
EFFECTIVE DATE. Sponsored by Commissioner Riley
City Attorney Brown said that where item 13-3 is concerned, there does not appear to be a
conflict on Commissioner Holmes motioning and voting on his own item. He will research
further to see if there are any laws that prohibit this.
Vice Mayor Kelley said that he just wanted to ensure that the commissioner was within his right
to vote on his own item. Whoever he chooses to be his attorney is his choice and should he
respected. He hopes that his colleagues are respectful of his choice if he is ever in a position to
need legal representation.
Commissioner Pigatt asked the attorney if this litigation will cause harm to come to the City.
City Attorney Brown said that he does not know.
Mayor Taylor said that the commission has a right to legal representation in their capacity.
Commissioner Pigatt said that he does not support this item because it will cause potential harm
to the City by this particular attorney because he is representing many other lawsuits.
Vice Mayor Kelley said that the choice of an attorney should be up to the individual.
Regular Commission Meeting Minutes—7/11/2018
10
There being no further discussion, the motion on the resolution
Vice Mayor passed by l
Commissioner Kelley Y a 4- v ote.
Yes
Commissioner Pi No
COmmissio Riley
ner Holmes Yes
Vice Mayor Taylor Yes
Yor Kelley left at 8:34 Yes
I P m.
17. RESOL UTIONS:
1 CITY MANAGER'SREP
8• OFFICIAL BOARD OR T:
19, MA YOR/CO REPORTS:
M1171SSION REPORT:
20. OFFI
21. CIAL BOARD APPOINT
ADJOURNMENT: MENTS:
There being g no further business
mes, seconded by Commissioner before the
er Rile commission, it was move
at 8:36 P ri1• \ornmissioner
ATTEST.
MAYO-
CITY CLERK
)mmission Meeting Minutes—7/11/2018
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