HomeMy Public PortalAbout11-November 14, 2018 Regular Commission Meetings CITY OF OPA-LOCKA
"The Great City"
CLERK'S ACTION SUMMARY MINUTES
REGULAR COMMISSION MEETING
WEDNESDAY,November 14, 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, November 14,
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: City Manager Yvette Harrell, 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:
Vice Mayor Kelley presented an award to Commissioner Holmes for all of his years of service as
an elected official with the City and wished him all of the best on his retirement.
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 and 13-3 (Vice Mayor Kelley).
NEW ITEMS:
A request was made to amend the agenda as follows:
14-1: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,
FLORIDA, ADOPTING RESOLUTION(S) PURSUANT TO SECTION 4.5(B) OF THE CITY OF
OPA-LOCKA CODE OF ORDINANCES, DIRECTING THAT AMOUNTS APPROPRIATED
FOR CURRENT OPERATIONS FOR THE CURRENT FISCAL YEAR (FY 2017-2018) BE
DEEMED ADOPTED FOR THE ENSUING FISCAL YEAR (FY 2018-2019) FOR A PERIOD OF
FIFTEEN (15) DAYS, WITH ALL ITEMS PRORATED ACCORDINGLY, UNTIL SUCH TIME
Regular Commission Meeting Minutes—11/14/2018 1
AS THE COMMISSION ADOPTS AN ANNUAL BUDGET FOR THE ENSUING FISCAL YEAR
(FY 2018-2019); PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN
EFFECTIVE DATE.Sponsored by City Manager
The above title was read by City Clerk Flores.
It was moved by Commissioner Holmes, seconded by Commissioner Riley to amend the agenda
to include the above resolution as item 14-1.
There being no discussion, the motion to amend the agenda passed by a 5-0 vote.
Commissioner Riley Yes
Commissioner Holmes Yes
Vice Mayor Kelley Yes
Commissioner Pigatt Yes
Mayor Taylor Yes
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 5-0 vote.
Commissioner Riley Yes
Commissioner Holmes Yes
Vice Mayor Kelley Yes
Commissioner Pigatt Yes
Mayor Taylor Yes
8. APPROVAL OF MINUTES:
Special Commission Meeting Minutes—October 2, 2018
These minutes were deferred until the next regular commission meeting.
Special Commission Meeting Minutes—October 4, 2018
It was moved by Commissioner Riley, seconded by Vice Mayor Kelley to approve the minutes
from the Special Commission Meeting of October 4, 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
Regular Commission Meeting Minutes—October 10, 2018
Regular Commission Meeting Minutes—11/14/2018 2
It was moved by Commissioner Riley, seconded by Commissioner Holmes to approve the
minutes from the Regular Commission Meeting of October 10, 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, thanked all of the outgoing
commission for all of their years of service as elected officials and congratulated Commissioner
Pigatt for his victory as the newly elected mayor. He said that he does not have any reports or
announcements, but will take any concerns the commission has back to Commissioner Jordan.
Mayor Taylor thanked Mr. Gardner for his warm regards.
Cedric Brazle, Commissioner Jean Monestime's Office, District II, shared the sentiments of Mr.
Gardner and said that he does not have any reports or announcements, but will take any concerns
the commission has back to Commissioner Monestime.
Mayor Taylor thanked Mr. Brazle for his warm regards.
10. PUBLIC PRESENTATION:
Parks and Recreation Director, Charles Brown, proudly acknowledged the Opa-locka Hurricanes
Football team for their victory over the season and making it to the championship.
11. CITIZENS' INPUT:
Dorothy Johnson, 13724 NW 22nd Place, Opa-locka, FL, mentioned the mutual aid agreement
with OLPD, North Miami Beach, and Sweetwater. She wants to know why there is a two year
difference between the agreements. She also said the commission were not proactive with the
last election and certain things were unethical during the campaigns. She hopes that the funds
that were contributed shows up on everyone's campaign card.
Herbert Tarvin, 1761 Ali-Baba Avenue, #2, Opa-locka, FL, said all of the commission are doing
great and he wants to unite the community. He has tried to meet with the commissioners, but was
told that none of them were there. He knows that they have jobs and cannot be there full time,
but he hopes to work with them to make the City better.
12. ACTION ITEMS:
1 (13-2). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER AND THE CITY POLICE
CHIEF TO ENTER INTO AND EXECUTE A VOLUNTARY COOPERATION AND
Regular Commission Meeting Minutes—11/14/2018 3
OPERATIONAL ASSISTANCE MUTUAL AID AGREEMENT (MAA) WITH THE
CITY OF NORTH MIAMI BEACH, FLORIDA, SUBSTANTIALLY IN THE FORM
ATTACHED, FOR LAW ENFORCEMENT SERVICES AND RESOURCES
EFFECTIVE THROUGH AND INCLUDING NOVEMBER 17, 2021; PROVIDING FOR
INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE.
Sponsored by City Manager
The above resolution was read by Attorney Brown.
It was moved by Vice Mayor Kelley, seconded by Commissioner Holmes for discussion.
Vice Mayor Kelley said he has reservations about the timeframe between this agreement and the
previous one.
City Manager Harrell asked the chief to come before the commission and explain.
Police Chief James Dobson said each one should show an agreement of four (4) years and
anything outside of that should be considered a scrivener's error.
Vice Mayor Kelley agreed.
There being no further discussion, the motion on the resolution passed by a 4-1 vote.
Vice Mayor Kelley No
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 CITY MANAGER AND THE CITY POLICE
CHIEF TO ENTER INTO AND EXECUTE A VOLUNTARY COOPERATION AND
OPERATIONAL ASSISTANCE MUTUAL AID AGREEMENT (MAA) WITH THE
CITY OF SWEETWATER, FLORIDA, SUBSTANTIALLY IN THE FORM ATTACHED,
FOR LAW ENFORCEMENT SERVICES AND RESOURCES EFFECTIVE THROUGH
AND INCLUDING MARCH 31, 2023; PROVIDING FOR INCORPORATION OF
RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City manager
The above resolution was read by Attorney Brown.
It was moved by Vice Mayor Kelley, seconded by Commissioner Holmes for discussion.
Commissioner Riley said he cannot go to Sweetwater because it is a risk and to have anything to
do with Sweetwater would be a shame; they are also under oversight, but you don't hear
anything about that. He does not support this item.
Vice Mayor Kelley said he is trying to understand why the dates are not adding up like the last
item. He asked for clarity on the timeframe of the item.
Regular Commission Meeting Minutes—11/14/2018 4
City Manager Harrell said it is, as the chief explained, and this is a scrivener's error as with the
previous item. The agreement is for four (4) years from 2018 which would expire in 2022. She
asked Chief Dobson to come before the commission and further explain.
Chief Dobson said it is simply an error and the agreements are for four(4) years.
Commissioner Pigatt asked the chief to explain the purpose of the mutual aid agreements.
Chief Dobson stated that the agreements were to assist with law enforcement investigations that
cross city lines and go into another jurisdiction; without this, officers would not be able to go
into another city and investigate crimes that started in their respective cities. Any resources that
would come back to the department also would benefit the officers under these agreements.
Commissioner Riley said that Sweetwater is not a neighbor of Opa-locka so why is this item on
the agenda.
Mayor Taylor asked if there was an issue with cooperating with Sweetwater.
Chief Dobson said he is not aware of any issues with Sweetwater.
There being no further discussion, the motion on the resolution passed by a 3-2 vote.
Vice Mayor Kelley No
Commissioner Pigatt Yes
Commissioner Riley No
Commissioner Holmes Yes
Mayor Taylor Yes
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 AND
EXECUTE A CONSENT AGREEMENT WITH THE MIAMI-DADE DEPARTMENT OF
REGULATORY AND ECONOMIC RESOURCES, DIVISION OF ENVIRONMENTAL
RESOURCES MANAGEMENT (DERM), SUBSTANTIALLY IN THE FORM
ATTACHED, TO RESOLVE ALLEGED VIOLATIONS; 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 Holmes, seconded by Commissioner Riley to pass the
resolution.
The motion on the resolution passed by a 5-0 vote.
Vice Mayor Kelley Yes
Commissioner Pigatt Yes
Regular Commission Meeting Minutes—11/14/2018 5
Commissioner Riley Yes
Commissioner Holmes Yes
Mayor Taylor Yes
14. NEW ITEMS:
14-1: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,
FLORIDA, ADOPTING RESOLUTION(S) PURSUANT TO SECTION 4.5(B) OF THE CITY OF
OPA-LOCKA CODE OF ORDINANCES, DIRECTING THAT AMOUNTS APPROPRIATED
FOR CURRENT OPERATIONS FOR THE CURRENT FISCAL YEAR (FY 2017-2018) BE
DEEMED ADOPTED FOR THE ENSUING FISCAL YEAR (FY 2018-2019) FOR A PERIOD OF
FIFTEEN (15) DAYS, WITH ALL ITEMS PRORATED ACCORDINGLY, UNTIL SUCH TIME
AS THE COMMISSION ADOPTS AN ANNUAL BUDGET FOR THE ENSUING FISCAL YEAR
(FY 2018-2019); PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN
EFFECTIVE DATE.Sponsored by City Manager
The above resolution was read by City 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 resolution.
There being no 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
15. PLANNING & ZONING:
A. PUBLIC HEARINGS:
B. APPEALS:
16. PRDINANCES/RESOLUTIONS/PUBLIC HEARING:
A. FIRST READING ORDINANCE(S)/PUBLIC HEARING:
1. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, AMENDING CHAPTER 21 — WATER, SEWER AND
STORMWATER UTILITIES, CREATING A SECTION ENTITLED REGULATIONS
GOVERNING MIAMI-DADE BILLING FOR THE CITY OF OPA-LOCKA, AND
ADOPTING THE POLICIES AND PROCEDURES OF THE MIAMI-DADE COUNTY
WATER AND SEWER DEPARTMENT TO BE USED IN CONJUNCTION WITH THE
NEWLY CREATED SECTION; REPEALING ALL ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE
DATE; Sponsored by City Manager
Regular Commission Meeting Minutes—11/14/2018 6
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 what would be the impact on the
community as she has heard the rates will be higher when the county takes over.
There being no further persons to speak on the public hearing, the public hearing was closed.
It was moved by Commissioner Pigatt, seconded by Commissioner Riley for discussion.
Commissioner Riley said there was a previous system that was used by the City and since it is
being turned over to the county, they will be using their own system; it is basic housekeeping.
City Manager Harrell said this is only to make sure that the City adopts Miami-Dade County
billing procedure as they will be handling it moving forward; she is not aware of anything else.
Commissioner Pigatt said he is very pleased that this transition is taking place. Now there will be
accurate assessments of water usage throughout the whole City and will finally address the water
issues.
Vice Mayor Kelley asked how this implementation will impact the bills that are high water bill
issues that have had many complaints.
City Manager Harrell said they will still have to work on those bills that are ongoing with the
hopes of correcting the billing with those customers who are affected. Once Miami-Dade County
starts their billing process, it will start from zero.
There being no further discussion, the motion on the ordinance passed by a 4-1 vote.
Commissioner Riley Yes
Commissioner Holmes Yes
Vice Mayor Kelley Yes
Commissioner Pigatt Yes
Mayor Taylor No
2. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, AMENDING ORDINANCE 15-31, THE CITY ZONING CODE,
SECTION 22-143, CHAPTER 13 LICENSES AND BUSINESS REGULATIONS,
ARTICLE VIII STREET AND MOBILE VENDORS, OF THE CITY OF OPA-LOCKA
CODE OF ORDINANCES; PROVIDING FOR DEFINITIONS, PERMIT AND
APPLICATION REQUIREMENTS AND STANDARDS FOR SPECIAL EVENTS;
PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH;
PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE;
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.
Regular Commission Meeting Minutes—11/14/2018 7
Dorothy Johnson, 13724 NW 22nd place, Opa-locka, FL, said she understands what the
commission is trying to do with this, but what have they done to ensure that the businesses are
aware of the impacts. She thinks the commission should hire a public relations person to know
how to address the public with these types of concerns and issues. Seven five percent of taxes are
from businesses so they should be embraced.
There being no persons to speak on the public hearing, the public hearing was closed.
It was moved by Commissioner Pigatt, seconded by Commissioner Holmes for discussion.
Vice Mayor Kelley said he has seen this type of item before and wants to know how people
would know what the different types of fees were and how these fees were determined.
City Manager Harrell asked the Community Development Director to come before the
commission and explain.
Community Development Director Gregory Gay said the fee schedule was created when the
ordinance was first produced. The language and the schedule was contained in the body of the
ordinance. They looked at what other municipalities were charging and tried to keep it in
proportion with the size of the City.
Vice Mayor Kelley asked where the minutes were from the board that accompanies this. He does
not see anything where it shows that meetings were held and discussions were had to determine
these outcomes.
Commissioner Riley said the item describes the activities of some of the vendors, but it does not
describe whether or not it is a mobile vendor.
Vice Mayor Kelley said there are a lot of things wrong with this item and he hopes that between
now and second reading that this will be given a look.
There being further discussion, the motion on the ordinance passed by a 5-0 vote.
Commissioner Riley Yes
Commissioner Holmes Yes
Vice Mayor Kelley Yes
Commissioner Pigatt 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 CHAPTER 7 OF THE CODE OF ORDINANCES
OFHTE CITY OFOPA-LOCKA, FLORIDA, ENTITLED "BUILDING, HOUSING AND
STRUCTURAL REGULATIONS" AMENDING SRTICLE II "HOUSING" TO CREATE
THE POSITION OF MINIMUM HOUSING OFFICER; AND PROVIDING FOR
PENALTIES AND ENFORCEMENT; PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE (first reading/public
hearing held on October 24, 2018). Sponsored by Commissioner Riley
Regular Commission Meeting Minutes—11/14/2018 8
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 questions came up at first reading
and she does not see where changes were made; it is the same document. If changes were made,
she asked that the commission point out the revisions.
City Attorney Brown said this item is almost an exact duplicate of the item that was approved by
Miami-Dade County Code Enforcement Division for Minimum Housing. Commissioner Riley
attended the public hearing for the item and made sure that an ordinance would be adopted with
the same format that the county used. He is not aware of any changes between first reading and
second reading.
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.
Commissioner Riley said there were no changes, but there was a difference between the 1963
ordinance that was on the books and the 2018 ordinance.
Vice Mayor Kelley asked if the role is currently being handled by the Building Official.
City Manager Harrell said, "Yes."
City Attorney Brown said that the Building Official has the authority to red flag buildings
deemed to be under the minimum housing standards; it is an overlap in responsibilities, but it is
not his primary responsibility.
Vice Mayor Kelley said he is concerned about what it entails. They may be mirroring the
county's ordinance, but the county has sufficient staff to cover the position.
Commissioner Riley said the ordinance is to grant the City authority to do this where it did not
have the authority before. Historically, the City has not had that, the state did. It will now afford
the City the opportunity to have a minimum housing officer who will be trained by the county
and will be enforced through the clerk's office and given back to the City. This will create a front
that will pay for the administration or the activities of that officer.
Vice Mayor Kelley said he understands what Commissioner Riley is trying to do, but he does not
want to create another subdivision that there are no resources for.
There being no further discussion, the motion on the ordinance passed by a 5-0 vote.
Commissioner Riley Yes
Commissioner Holmes Yes
Vice Mayor Kelley Yes
Commissioner Pigatt Yes
Mayor Taylor Yes
C. RESOLUTIONS:
Regular Commission Meeting Minutes—11/14/2018 9
17. CITY MANAGER'S REPORT:
City Manager Harrell said every first Saturday of each month, she and the executive staff will
meet to discuss the ongoing issues with the water bills; she welcomed the commission to come
and be a part of the process. She was under the impression that the FY 2018-2019 budget had
been approved and this is not true. The state sent many recommendations for revision or
corrections to many line items. She along with staff are working diligently to ensure all of the
issues are addressed so that a balanced budget can be presented for adoption and approval. They
are also working to have all of the pump stations operational. The compliance with DERM will
allow for the pump stations to be removed from under a moratorium so that it can be opened up
to new businesses. She thanked Mayor Taylor, Commissioner Riley, and Commissioner Holmes
for their service as elected officials and hopes they will continue to provide input for the
betterment of the City. She congratulated the mayor elect on his victory from the election and
said she looks forward to working with him.
18. OFFICIAL BOARD REPORTS:
19. MAYOR/COMMISSION REPORT:
Each of the outgoing commissioners took turns recognizing their years of service, efforts and
actions working on behalf of the City and its residents.
Vice Mayor Kelley said the Thanksgiving Fellowship/Community Feeding was a success and the
residents were grateful. He wished the outgoing commission well in all of their future endeavors.
Commissioner Pigatt said goodbye to the outgoing commission.
20. OFFICIAL BOARD APPOINTMENTS:
21. ADJOURNMENT:
There being no further business to come before the commission, it was moved by Vice Mayor
Kelley seconded by Commissioner Pigatt to adjourn the meeting at 9:06 p.m.
MAYOR
ATTEST: K- (jo
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CITY CLERK
Regular Commission Meeting Minutes—11/14/2018 10