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HomeMy Public PortalAbout09-September 26, 2018 Regular Commission Meeting CITY OF OPA-LOCKA "The Great City" CLERK'S ACTION SUMMARY MINUTES REGULAR COMMISSION MEETING WEDNESDAY, September 26, 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, September 26, 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, 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 Vice Mayor Joseph L. Kelley. 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, 13-2, and 13-7 (Vice Mayor Kelley); pulled 13-4 and 13-8 (Commissioner Pigatt); pulled 13-5 and 13-6 (Commissioner Riley). 7. APPROVAL OF AGENDA: It was moved by Vice Mayor Kelley, seconded by Commissioner Riley 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 Regular Commission Meeting Minutes—09/26/2018 1 Mayor Taylor Yes 8. APPROVAL OF MINUTES: Regular Commission Meeting Minutes—July 25, 2018 It was moved by Commissioner Riley, seconded by Commissioner Holmes to approve the minutes from the Regular Commission Meeting of July 25, 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 Special Commission Meeting Minutes—August 21, 2018 It was moved by Commissioner Riley, seconded by Commissioner Holmes to approve the minutes from the Special Commission Meeting of August 21, 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 did not have anything to report at this time, but will take any issues or concerns back to Commissioner Jordan. Cedric Brazle, Commissioner Jean Monestime's Office, District II, told Commissioner Riley that the district no longer offers bus passes. He said he did not have anything to report at this time, but will take any issues or concerns back to Commissioner Monestime. Mayor Taylor reiterated that Commissioner Monestime never holds any function on this side of town and Opa-locka is in his district. 10. PUBLIC PRESENTATION: 11. CITIZENS' INPUT: George Howard, 2491 NW 135th Street, Opa-locka, FL, said there was a letter signed by the Building Director on July 28, 2018 and the director requested that his building be vacated as of August 13, 2018 because of several hazards including electrical, the stairways being vandalized and detached from the building, and high water bills. Management continues to rent out the units Regular Commission Meeting Minutes—09/26/2018 2 to tenants and he does not understand why. The city attorney is putting the City at risk for costly lawsuits by not having the premises vacated. This needs to be done as soon as possible. Mayor Taylor asked the attorney if it is the City's responsibility to vacate tenants. City Attorney Brown said, "No." Jermaine Reed, 1950 Rutland Street, Opa-locka, FL, said he is looking to purchase a property that has many liens on it. He wants to know what he can do to reduce the fines and fees so he can make the purchase. Mayor Taylor asked the manager to have someone speak with him regarding the property. Jesus Lopez, 13205 Cairo Lane, Opa-locka, FL, said they came four years ago to speak on Cairo Lane. Today it is one of the worst streets in the country. He showed pictures of Opa-locka police vehicles stuck in the mud. Miami Dade County fire engine stuck in the mud, customers and business owners are stuck in the mud. Yvette Lopez, Glorietta Apartments, Opa-locka, FL, said that residents were displaced for a year for renovations and they did not change the corroding pipes. She showed a rusted pipe that she said came from the kitchen in one of the units. She asked the commission to do something about what is going on. Daniel, Minton's Auto Parts, 13060 Cairo Lane, Opa-locka, FL, said he agreed with Mr. Lopez about the road on Cairo Lane being in terrible condition. He asked the commission to make sure when the work is complete that everything is up to code and this will not happen again. He has had to pay for damages to his employees vehicles out of his pocket and has submitted invoices to the city manager for reimbursement. He wants to know when he will receive payment. Lloyd Johnson, 1820 Service Road, Opa-locka, FL, said he has lived in the City for 60 years and he loves living here. He complained that the water bills are too high and residents should be allowed to paint their house whatever color they want because they are taxpayers and they put the commission in office; the commission should be representing the people. Shalonda Rivers, 13875 NW 22nd Avenue, Opa-locka, FL, thanked everyone who has been working on behalf of Cordoba Apartments. She said the same conditions that are at Glorietta Apartments are at Cordoba Apartments with corroding pipes and she hopes someone will do something about it; the complex has a long way to go. Jose Polo, 13180 NW 31St Avenue, Opa-locka, FL, said that the drainage issue is severe especially when it rains. The road is no longer a street and becomes a river and it needs to be repaired. There is also an illegal dumping problem and he has even received a citation for it. He has made several police reports regarding this and he is asking the commission for assistance with controlling this problem and coming to some kind of resolve. (inaudible), 2350 NW 149th Street, Opa-locka, FL, said that there are very big potholes in the City and he is asking the commission to repair the intersections so that the cars do not get damaged any further Regular Commission Meeting Minutes—09/26/2018 3 Michael Pizzi, 6620 Miami Lakes Drive, Miami Lakes, FL, said that he is representing Benedict Kuehne and he is asking the commission to do the right thing and pay the outstanding debt that is owed to him from representing the late Commissioner Terence Pinder. His client has waited almost ten years for payment and even gave the City a deep discount. Eric Redmon, Villa Francine, Opa-locka, FL, said he does not doubt that Mr. Pizzi is a good attorney, however he cannot agree with item 13-5 and the City does not owe Mr. Kuehne any money. Ronika (inaudible), 80 Bahman Avenue, Opa-locka, FL, said she is taken aback that the commission would consider using water and sewer funds to make repairs. She said it is an election year and the commission should do better. Milagros Roman, 13134 Port Said Road, Opa-locka, FL, said she made a police report because her life had been threatened. The police are towing cars and giving tickets to residents and it is unfair. She has issues with her apartment as well as the roof leaks every time it rains and it smells of mold. Enyer Robles, 80 Bahman Avenue, Opa-locka, FL, said that he has been attending commission meetings and he sees a disconnect with the commission and the residents. The City needs better leadership. So many issues are going on in the City and it has been that way for years. George Suarez, 1341 Dunad Avenue, Opa-locka, FL, said there is an awakening coming and change will take place to better the problems in the City. Dorothy Johnson, 13724 NW 22'd Place, Opa-locka, FL, said she had to pay two hundred and fifty dollars ($250.00) because she damaged her car, but she will not be submitting an invoice because the City cannot afford it. She said people are going around saying she is getting campaign money from Klub 24 and this is not true. She has not received a dime from them and she wishes they would give her money. She said she is taking all contributions in U.S. currency. Audrey Dominguez, 1147 Jann Avenue, Opa-locka, FL, said the retainer agreement item said that his term does not expire until 2019 and she wants to know why it is being extended. She said something is not right with the agreement and asked the City to do the right thing. Sandra Collado, 301 Bahman Avenue, Opa-locka, FL, said that work is taking place on her street and it is a mess. She wants to know when the project will be complete. She also said there is garbage on Sharazad Blvd, sometimes for weeks at a time before anyone picks it up. 12. ACTION ITEMS: 1 (13-1). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO SETTLE, SATISFY, AND EXECUTE LIEN RELEASES IN MITIGATION OF CODE ENFORCEMENT LIENS ON PROPERTY LOCATED AT 821 SHARAR AVENUE, OPA-LOCKA, FLORIDA, IN THE AMOUNT OF $101,716.40; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager The above resolution was read by City Attorney Brown. Regular Commission Meeting Minutes—09/26/2018 4 It was moved by Vice Mayor Kelley, seconded by Commissioner Holmes for discussion. Vice Mayor Kelley said that he is frustrated every time these come up because the City is always trying to give away potential revenue. If it is not going to be enforced, then Code Enforcement need not go out and cite anyone. These people are having the liens mitigated, and then they turn around and make money off of it. Commissioner Pigatt agreed with the vice mayor and said he does not support this item. He asked the property owners to comply to avoid this in the future. Mayor Taylor said the property owners pay property taxes so that does count as revenue for the City, it is not all bad. Commissioner Riley said the cost should only be to bring the property into compliance. There is no way the violations should be as high as they are; it has to be done fairly and through the process. Mayor Taylor said that the liens should not just run on for years with no end in sight, there should be a cap on it and then the City goes after the owner. City Attorney Brown said that if there is a lien, the City can take hold of the property Acting City Manager Daughtrey said this came about because the employees were not doing their jobs and forcing the owners to comply in a timely manner. A motion was made to bring the settlement amount to fifty percent instead of a twenty five percent reduction. It was moved by Commissioner Holmes, seconded by Commissioner Riley to amend the resolution. There being no further discussion, the motion on the amendment passed by a 3-2 vote. Commissioner Riley Yes Commissioner Holmes Yes Vice Mayor Kelley No Commissioner Pigatt No Mayor Taylor Yes There being no discussion, the motion on the resolution passed by a 3-2 vote. Commissioner Riley Yes Commissioner Holmes Yes Vice Mayor Kelley No Commissioner Pigatt No Mayor Taylor Yes A motion was made for the agenda to be taken out of order so that they can discuss item 13-5. Regular Commission Meeting Minutes—09/26/2018 5 It was moved by Commissioner Holmes, seconded by Commissioner Riley to take the agenda out of order. There being no discussion, the motion passed by a 4-1 vote. Commissioner Riley Yes Commissioner Holmes Yes Vice Mayor Kelley Yes Commissioner Pigatt No Mayor Taylor Yes 2 (13-5). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO EXECUTE AND IMPLEMENT A SETTLEMENT AGREEMENT WITH THE LAW OFFICES OF BEN KUEHNE, P.A., TO SETTLE PAYMENT OF HIS OUTSTANDING LEGAL FEES; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Attorney The above resolution was read by City Attorney Brown. It was moved by Vice Mayor Kelley, seconded by Mayor Taylor for discussion. Vice Mayor Kelley said they have a habit of kicking the can down the road and then having to deal with it at a later time. He asked the attorney about the documentation that was provided to the commission at the request of one of the commissioners. He feels the attorney should have also provided his legal opinion along with what was presented whenever these matters are presented to the commission. City Attorney Brown said that he stands by his original opinion that there is no entitlement to fees to be paid on behalf of the late Commissioner Pinder. The question at the time was whether Commissioner Pinder was serving in his official capacity or for personal interest. Commissioner Riley said the entitlement of attorney fees by officials must arise out of their performance of their official duties. There is nothing in this matter that serves a public purpose, it serves a private purpose and the City has an obligation to obey the law. Vice Mayor Kelley asked the attorney if Mr. Kuehne is entitled to payment for those two cases. City Attorney Brown said in reviewing the letter presented on behalf of Mr. Kuehne and by Mr. Kuehne, the statement given by Commissioner Riley is the root of what is at hand. Based on everything he knows there is no entitlement for payment. Mayor Taylor asked the attorney if any of the commissioners is found guilty or not, should they receive representation. City Attorney Brown said the commission has to decide whether or not Commissioner Pinder was due representation from serving in his official capacity. Mayor Taylor said she does not want a precedence to be set where elected officials may not receive representation if they are found innocent or guilty. Regular Commission Meeting Minutes—09/26/2018 6 City Attorney Brown said the precedence had been set into law long before he became an attorney and long before he came to the City. Commissioner Holmes said he did not support this before and he does not support it now. Commissioner Pigatt said the City cannot pay attorneys for hundreds of thousands of dollars for criminal behavior. Mayor Taylor said he was accused, but not found guilty of criminal behavior. Commissioner Riley said the commission is missing the point. If Commissioner Pinder filed papers in court that he was not financially able to pay, then the court will appoint him a public defender. So how papers filed and then an attorney is requesting payment? For the City to spend this money, it would be violation of the law. There being no discussion, the motion on the resolution failed by a 4-1 vote. Commissioner Riley No Commissioner Holmes No Vice Mayor Kelley No Commissioner Pigatt No Mayor Taylor Yes 3 (13-3). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO SETTLE, SATISFY, AND EXECUTE LIEN RELEASES IN MITIGATION OF CODE ENFORCEMENT LIENS ON PROPERTY LOCATED AT 1950 RUTLAND STREET, OPA-LOCKA, FLORIDA, IN THE AMOUNT OF $364,329.21; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager The above resolution was read by City Attorney Brown. It was moved by Vice Mayor Kelley, seconded by Mayor Taylor for discussion. Vice Mayor Kelley maintained his same concerns from item 13-2. A motion was made to bring the settlement amount to fifty percent instead of a twenty five percent reduction. It was moved by Commissioner Holmes, seconded by Commissioner Riley to amend the resolution. There being no further discussion, the motion on the amendment passed by a 3-2 vote. Commissioner Riley Yes Commissioner Holmes Yes Vice Mayor Kelley No Commissioner Pigatt No Mayor Taylor Yes Regular Commission Meeting Minutes—09/26/2018 7 There being no discussion, the motion on the resolution passed by a 3-2 vote. Commissioner Riley Yes Commissioner Holmes Yes Vice Mayor Kelley No Commissioner Pigatt No Mayor Taylor Yes 4 (13-4). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, RETROACTIVELY APPROVING PAYMENT TO ROYSTON ODDMAN, IN AN AMOUNT NOT TO EXCEED $8,238.75, FOR ACCOUNTING SERVICES PROVIDED IN THE PREPARATION OF THE 2015-2016 AUDIT; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager The above resolution was read by City Attorney Brown. It was moved by Commissioner Riley, seconded by Vice Mayor Kelley for discussion. Commissioner Pigatt said that he had asked for a list of all agreements that were executed outside of the commission and the complete services for the financial recovery plan. As of now, he has yet to receive it and is uncomfortable voting on it today. He asked that the item be deferred. Vice Mayor Kelley asked the manager why this was not paid back then when the work was done. Acting City Manager Daughtrey said the previous city manager had a practice of making agreements with individuals without coming before the commission. The work was done, but people were not being paid for it. He said it is his opinion that the money should be paid. Vice Mayor Kelley asked if there are any more of these pending. Acting City Manager Daughtrey said not to his knowledge. There being no discussion, the motion on the resolution passed by a 4-1 vote. Commissioner Riley Yes Commissioner Holmes Yes Vice Mayor Kelley Yes Commissioner Pigatt No Mayor Taylor Yes 5 (13-6). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, APPROVING THE SECOND AMENDMENT TO THE CITY ATTORNEY RETAINER AGREEMENT WITH THE BROWN LAW GROUP, LLC; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager The above resolution was read by City Attorney Brown. Regular Commission Meeting Minutes—09/26/2018 8 It was moved by Vice Mayor Kelley, seconded by Commissioner Riley for discussion. Vice Mayor Kelley said he was asked to meet with the city attorney to discuss his agreement. He asked that the rest of his colleagues submit recommendations for this meeting and some did and others didn't. He made it clear that he had challenges outside of the agreement and the commission can leave it as is or make changes. Commissioner Riley said if there was going to be any other extension given to the attorney; it should come from the new commission that is coming in November. This current agreement is almost up and there is no need for this commission to address it. Mayor Taylor asked if the amendment the state made is included in the contract. Vice Mayor Kelley said, "Yes." Commissioner Pigatt said he believes it is in the best interest of the new commission to have a stable attorney, but two years is too long. He recommended the agreement be amended to one year instead of two. Commissioner Holmes said he agrees with Commissioner Pigatt and he supports the one year extension. Mayor Taylor asked when the expiration date is. City Attorney Brown said February 5, 2020. Commissioner Pigatt recommended amending the monthly salary to $19,500. Vice Mayor Kelley did not accept this friendly amendment. Mayor Taylor said she wants it corrected to reflect that it is not an increase to $22,500; it is to be reverted back to $22,500. She is also concerned about the cost of living increase after the City comes out of the financial emergency as none of the employees have received a cost of living increase in years. Vice Mayor Kelley said to remove the last sentence where it says "compensation for municipal league service will increase by." There being no further discussion, the motion on the resolution passed by a 4-1 vote. Commissioner Riley No Commissioner Holmes Yes Vice Mayor Kelley Yes Commissioner Pigatt Yes Mayor Taylor Yes 6 (13-7). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, DIRECTING THE CITY MANAGER TO MAKE ALL NECESSARY ROAD REPAIRS TO NORTHWEST THIRTY-EIGHTH AVENUE (NW 38TH AVENUE) FROM NORTHWEST ONE TWENTY-FIRST STREET (NW 121ST Regular Commission Meeting Minutes—09/26/2018 9 STREET) TO NORTHWEST ONE THIRTY-SECOND STREET (NW 132ND STREET) AND NORTHWEST ONE FORTY-SEVENTH STREET (NW 147TH STREET) FROM NORTHWEST TWENTY-SEVENTH AVENUE (NW 27TH AVENUE) TO NORTHWEST TWENTY-SECOND AVENUE (NW 22ND AVENUE) IN THE CITY OF OPA-LOCKA, FLORIDA; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by Commissioner Holmes The above resolution was read by City Attorney Brown. It was moved by Vice Mayor Kelley, seconded by Commissioner Holmes for discussion. Vice Mayor Kelley said he knows a lot of areas need repairs, but he is concerned this will cause the manager to cherry pick streets when everyone else starts calling to have their streets repaired. He asked how much it will cost to repair the streets. Public Works Director Airia Austin said it will take roughly six million dollars ($6,000,000.00) to make the necessary repairs. Vice Mayor Kelley asked if the amount is reimbursable. Mr. Austin yes, but it is also a part of a FEMA mitigation process. Commissioner Pigatt asked what the legislation will do if it is passed tonight. Acting City Manager Daughtrey said it really does not do anything, but it will keep them working harder by letting the state revolving loan fund know that this has to be dealt with. Commissioner Pigatt said he is concerned that things are not being done and he agrees with the sponsor. There being no further discussion, the motion on the resolution passed by a 5-0 vote. Commissioner Riley Yes Commissioner Holmes Yes Vice Mayor Kelley Yes Commissioner Pigatt Yes Mayor Taylor Yes 7 (13-8). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, DIRECTING THE CITY MANAGER TO MAKE ALL NECESSARY REPAIRS TO THE OPA-LOCKA POLICE DEPARTMENT LOCATED AT 2495 ALI BABA AVENUE IN OPA-LOCKA, FLORIDA; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by Commissioner Holmes The above resolution was read by City Attorney Brown. It was moved by Commissioner Holmes, seconded by Commissioner Riley for discussion. Regular Commission Meeting Minutes-09/26/2018 10 Commissioner Pigatt said he pulled the item because he believes the old building maybe too much to fix at this time. It is a better investment to look in to renovating the building or building a new one; research what can be done with the funds. He does not support the item at this time. Commissioner Holmes said this resolution is just like the road repairs item. He wants the new commission to be abreast of what needs to be done. Vice Mayor Kelley said he cannot support the item at this time because it looks like a patch job for a place that is outdated. A new facility needs to be placed at the site. Commissioner Riley said that after a certain time, mold becomes mold spores, then it becomes air borne. The Health Department will order it to be removed. This item was deferred by the sponsor. 13. CONSENT AGENDA: 1 (13-1). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH THE SCHOOL BOARD OF MIAMI- DADE COUNTY ("THE SCHOOL BOARD") TO PROVIDE GUIDELINES AS TO THE ROLES AND RESPONSIBILITIES OF THE OPA-LOCKA POLICE DEPARTMENT ("OLPD") AND MIAMI-DADE SCHOOLS POLICE DEPARTMENT ("MDSPD") REGARDING THE CITY OF OPA-LOCKA'S PLACEMENT OF THE OLPD SCHOOL- BASED LAW ENFORCEMENT OFFICERS ("SBLEOS") AT MIAMI-DADE COUNTY PUBLIC SCHOOLS ("MDCPS"); PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager 2 (13-9). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, DIRECTING THE CITY MANAGER TO MAKE ALL NECESSARY REPAIRS TO HISTORIC CITY HALL LOCATED AT 777 SHARAZAD BLVD IN OPA-LOCKA, FLORIDA; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by Commissioner Holmes The above resolutions were read by Attorney Brown. It was moved by Commissioner Riley, seconded by Vice Mayor Kelley to pass the resolutions. The motion on the resolutions passed by a 5-0 vote. Vice Mayor Kelley Yes Commissioner Pigatt Yes Commissioner Riley Yes Commissioner Holmes Yes Mayor Taylor Yes 14. NEW ITEMS: Regular Commission Meeting Minutes—09/26/2018 11 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, TO AMEND ORDINANCE 15-31, THE ZONING CODE TO INLCLUDE LANGUAGE DEALING WITH EXTERIOR COLOR STANDARDS FOR ALL STRUCTURES IN THE CITY OF OPA-LOCKA AND PROVIDE FOR ADMINISTRATIVE VARIANCE PROCESS TO CONSIDER COLORS NOT DISPLAYED ON THE CITY COLOR CHART; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN THE CODE AND AN EFFECTIVE DATE. Sponsored by City Manager The above ordinance was read by Attorney Brown. It was moved by Vice Mayor Kelley, seconded by Commissioner Holmes for discussion. Commissioner Pigatt said that homeowner spend way too much money on their homes to be told what color they can paint it. They should be allowed to paint their property whatever color they want. Mayor Taylor said she sponsored the item because she wants the City to have a uniformed look like Coral Gables. 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 B. SECOND READING ORDINANCE(S)/PUBLIC HEARING: 1. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AMENDING THE OPA-LOCKA 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 Regular Commission Meeting Minutes—09/26/2018 12 EFFECTIVE DATE (first reading/public hearing held on July 11, 2018). Sponsored by City Manager *Deferred from 9/12/2018 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 Holmes for discussion. Commissioner Riley said the rates have increased substantially for one year and it does not make sense. How do you justify this? Acting City Manager Daughtrey said a study was done in 2014 that laid out what the rates would go to at a cost to the City. This will allow the City to begin doing what it agreed to do and cover itself. This should have been done earlier, but now the City is doing it right. It won't make any money, but it will stop losing money. Commissioner Pigatt said the resolution simply states that the City go back to the 2014 rates until a study is done on the water meters. This item should be a simple yes. 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 CHAPTER 22, ARTICLE VI, SECTION 22-160 — REGULATIONS FOR PARKING, STORING OR KEEPING COMMERCIALVEHICLES, BOATS, BUSES, TRAILERS AND TRUCKS OF THE CITY OF OPA-LOCKA CODE OF ORDINANCES; PROVIDING FOR THE REPEAL OF ALL ORDINACES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE (first reading/public hearing held on July 11, 2018). Sponsored by Vice Mayor Kelley *Deferred from 9/12/2018 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 Holmes to pass the ordinance. There being no discussion, the motion on the ordinance passed by a 4-1 vote. Vice Mayor Kelley Yes Regular Commission Meeting Minutes—09/26/2018 13 Commissioner Pigatt Yes Commissioner Riley No Commissioner Holmes Yes Mayor Taylor Yes 3. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AMENDING CHAPTER 11, GARBAGE AND TRASH, ARTICLE III — PRIVATE NON-RESIDENTIAL COLLECTION, SECTION 11-65 — FRANCHISE REQUIRED; RELATIVE RIGHTS OF FRANCHISEE AND THE CODE OF ORDINANCES OF THE CITY OF OPA-LOCKA, FLORIDA, TO ALLOW THE CITY OF OPA-LOCKA TO ISSUE MULTIPLE FRANCHISE AGREEMENTS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE (first reading/public hearing held on July 25, 2018). Sponsored by Vice Mayor Kelley *Deferred from 9/12/2018 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 to pass the ordinance. There being no 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 4. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AMENDING CHAPTER 2 ADMINISTRATION, ARTICLE VI PURCHASING, SECTION 2-322 SALE OF CITY PROPERTY WORTH TWO HUNDRED AND FIFTY DOLLARS ($250.00) OR LESS OF THE CITY OF OPA- LOCKA CODE OF ORDINANCES; PROVIDING FOR THE REPEAL OF ALL ORDINACES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE (first reading/public hearing held on August 1, 2018). Sponsored by Vice Mayor Kelley *Deferred from 9/12/2018 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 Commissioner Riley, seconded by Commissioner Holmes to pass the ordinance. There being no discussion, the motion on the ordinance passed by a 4-0 vote. Regular Commission Meeting Minutes-09/26/2018 14 Vice Mayor Kelley Out of Room Commissioner Pigatt Yes Commissioner Riley Yes Commissioner Holmes Yes Mayor Taylor Yes C. RESOLUTIONS: 17. CITY MANAGER'S REPORT: 18. OFFICIAL BOARD REPORTS: 19. MAYOR/COMMISSION REPORT: 20. OFFICIAL BOARD APPOINTMENTS: 21. ADJOURNMENT: There being no further business to come before the commission, it was moved by Commissioner Riley seconded by Commissioner Pigatt to adjourn the meeting at 10:11 p.m. ,/147()I MAYOR ATTEST: 3164QA CITY CLERK Regular Commission Meeting Minutes—09/26/2018 15