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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. Regular Commission Meeting Minutes—7/11/2018 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. Regular Commission Meeting Minutes—7/11/2018 6 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 Regular Commission Meeting Minutes—7/11/2018 8 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 11