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HomeMy Public PortalAbout03- March 13, 2019 RCM CITY OF OPA-LOCKA "The Great City" CLERK'S ACTION SUMMARY MINUTES REGULAR COMMISSION MEETING WEDNESDAY, March 13, 2019 7:00 P.M. Sherbondv Village Auditorium 215 Perviz Avenue Opa-locka, FL 33054 1. CALL TO ORDER: Mayor Matthew Pigatt called the meeting to order at 7:00 p.m. on Wednesday, March 13, 2019 at the Sherbondy Village Auditorium, 215 Perviz Avenue, Opa-locka, Florida. 2. ROLL CALL: The following members of the City Commission were present: Mayor Matthew Pigatt, Vice Mayor Chris Davis, Commissioner Joseph L. Kelley, Commissioner Alvin Burke, and Commissioner Sherelean Bass. Also in attendance were: Acting City Manager Newall Daughtrey, City Attorney Vincent Brown, and City Clerk Joanna Flores. 3. INVOCATION: The invocation was delivered by Pastor Ranzer Thomas. 4. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was recited in unison. 5. AWARDS/PROCLAMATIONS/ACKNOWLEDGEMENTS: The city commission presented a commendation to Chrisard "Shake" Charlton for thwarting an assault at the Wells Fargo Bank. 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 13-1, 13-5, and 13-6 (Commissioner Kelley). NEW ITEM: 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, AUTHORIZING THE PAYMENT OF MAYOR MATTHEW PIGATT'S LEGAL FEES AND THE HIRING OF DOUTHIT LAW, LLC., TO DEFEND AND PROVIDE LEGAL REPRESENTATION IN CONNECTION WITH A WHISTLEBLOWER CLAIM AND ETHICS COMPLAINT RESULTING FROM THE Regular Commission Meeting Minutes—3/13/2019 1 PERFORMANCE OF HIS OFFICIAL MAYORAL DUTIES WHILE SERVING A PUBLIC PURPOSE, PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by Mayor Pigatt This portion of the minutes is being transcribed in verbatim: Mayor Pigatt: Colleagues, I have proposed this as an add-on, an agenda item under the statute affecting the financial stability of the City. Just as an FYI before we move and get a motion and a second to approve this, I wanna state for the record, why we are adding this on for financial stability of the City. On Thursday, February 12th Commissioner Kelley: Move, Mr. Mayor. Mayor Pigatt: Yeah, I have to state for financial stability of the City. I have to state it for the record why, um,financial stability. Commissioner Kelley: Uh, Okay. Mayor Pigatt:Alright, on the evening of February 28`h I submitted a request for legislation at the special commission meeting last week Monday to include funding in the upcoming proposed budget amendment to do a national search for the city manager and a city clerk. A few hours before the special commission meeting, a letter was e-mailed to the Chief Inspector General, the State of Florida, the Ethics Commission, the mayor and everyone on this dais except for my colleague Commissioner Bass from Attorney Michael Pizzi requesting a whistleblower protection and protection for retaliation and informing everyone that the City Clerk, Ms. Joanna Flores is filing a complaint against myself. In response, I reached out to our city attorney, the state, and the Ethics Commission for guidance on how to proceed. All three recommended that I have a lawyer to guide us through the process. As many of you know Mr. Pizzi is the attorney for the class action lawsuit, our city manager, Charmaine Parchment, Keith Carswell, Randolph Aikens, UWS, and many other lawsuits against the City that have costed the people of Opa-locka, almost a million dollars ($1,000,000.00) if not more. As ya'11 know I keep myself squeaky clean, especially here in Opa-locka, however I believe that it is prudent that we make sure we hire counsel so that our lawyer engages with Ethics and address this whistleblower concern and protect our tax payer dollars. With that said, do I have a motion for the add-on, moved by Commissioner Kelley. City Attorney Brown: Mayor Pigatt, can you please state the financial reason for the nature of this item as it relates to the financial impact to the City. Mayor Pigatt: Based upon as um, based upon the lawsuit claim, Mr. Pizzi, he has represented the attorney for our class action lawsuit, the city manager, Charmaine Parchment, Keith Carswell, Randolph Aikens, UWS, and many other lawsuits against the City due to whistleblower and ethics violations that have cost us over million dollars ($1,000,000.00) or more. So due to that, I am requesting that we add this on so that we can secure legal counsel in the result as we engage our ethics and whatever whistleblower committee, so that we go about the process so that we don't violate anything that could cost the City due to any pending litigation. City Attorney Brown: Okay. Mayor Pigatt: Is that it? Regular Commission Meeting Minutes—3/13/2019 2 City Attorney Brown: You're colleagues must make the determination as to whether that meets the test. That's a factual determination for them. This ends the verbatim portion of the minutes. Commissioner Kelley said a discussion should not be taking place when the item has not been added to the agenda for discussion at this time. It was moved by Commissioner Kelley, seconded by Vice Mayor Davis to amend the agenda to include the above resolution as item 14-1. Commissioner Kelley said that he understands the need for an attorney, but he is unsure if this meets the criteria for being included as an emergency item. He asked the attorney for clarity. City Attorney Brown whenever the determination is to be made on these matters, it is done by the commission. He asked the mayor to state the need for the emergency and he has stated it as he sees it. He has no right to challenge the mayor's request. There being no discussion, the motion to amend the agenda passed by a 4-1 vote. Commissioner Burke No Vice Mayor Davis Yes Commissioner Kelley Yes Commissioner Bass Yes Mayor Pigatt Yes 7. APPROVAL OF AGENDA: It was moved by Vice Mayor Davis, seconded by Commissioner Burke to approve the agenda, consent agenda and pull list. There being no discussion,the motion passed by a 5-0 vote. Commissioner Burke Yes Vice Mayor Davis Yes Commissioner Kelley Yes Commissioner Bass Yes Mayor Pigatt Yes 8. APPROVAL OF MINUTES: Regular Commission Meeting Minutes—January 9, 2019 It was moved by Commissioner Bass, seconded by Commissioner Kelley to approve the minutes from the Regular Commission Meeting of January 9, 2019. There being no discussion, the motion passed by a 5-0 vote. Commissioner Burke Yes Vice Mayor Davis Yes Regular Commission Meeting Minutes—3/13/2019 3 Commissioner Kelley Yes Commissioner Bass Yes Mayor Pigatt Yes Special Commission Meeting Minutes—January 16, 2019 It was moved by Commissioner Kelley, seconded by Commissioner Burke to approve the minutes from the Special Commission Meeting of January 16, 2019. There being no discussion, the motion passed by a 5-0 vote. Commissioner Burke Yes Vice Mayor Davis Yes Commissioner Kelley Yes Commissioner Bass Yes Mayor Pigatt Yes 9. DISTRICT ONE/DISTRICT TWO - COUNTY COMMISSIONER REPORT: Larry Gardner, Commissioner Barbara Jordan's Office, District I, said that he does not have anything to report at this time, but will take any concerns the commission may have back to Commissioner Jordan. 10. PUBLIC PRESENTATION: 11. CITIZENS' INPUT: Ching Gao, 1951 NW 141St Street #45, Opa-locka, FL, asked for the garbage and water and sewer services to be waived at his property because it is only used as a storage; he cannot afford it. George Suarez, 1341 Dunad Avenue, Opa-locka, FL, said he has been coming to the meetings for a while now and speaking on the lawsuit for the water bills. He said it is wrong to not only continue spending the City's money suing the residents, but also portraying that the citizens have done something wrong when the billing problem has been going on for many years. The blame game needs to stop. Shirley Mitchell, 2351 NW 139th Street, Opa-locka, FL, said her water bill has triple for one month. She does not understand what is going on because she has a new meter so the bills should be accurate. She wants to know what is going on. Taroni Mitchell, 14225 NW 22nd Place, Opa-locka, FL, agreed with the last residents and said she also does not know what is going on. She has tried to contact the billing office regarding being over charged and no one is assisting her. She said it is ridiculous when you come before the commission and speak and nothing happens. Former Commissioner Gail Miller, Opa-locka, FL, said every time she turns around there is a lawsuit and a resolution needs to be brought putting a stop on employees who sue the City and still work for the City. It is not fair that they can win a lawsuit and continue receiving a salary from the City. She worked for the county for many years and this would never be allowed to Regular Commission Meeting Minutes—3/13/2019 4 happen there because if you sue, you would be terminated. Her water bill is too high and she is tired of it. She lives with her dog and her bill has gone from thirty five dollars to three hundred and nine dollars. She is tired of talking to staff and needs to speak with the manager because this does not make sense. Deleena Jackson, 2337 York Street, Opa-locka, FL, said she recently received a water bill for over ten thousand dollars ($10,000.00) and she flipped. She and her husband are the only ones who live in the house so this should not be so. Audrey Dominguez, 1147 Jann Avenue, Opa-locka, FL said the City needs to do what needs to be done to curtail the violence that is taking place and more police need to be hired. Recently an article came out about the top 100 dangerous cities in America; Opa-locka was number 10 on this list. What is the City going to do to take its name off the list? The young man who was killed the other day had a brother who went to school with her daughter; how close does it have to be to one of the commissions homes before something is done? Dorothy Johnson, 13724 NW 22nd Place, Opa-locka, FL, said she was disappointed in the last meeting when the manager was shut down from speaking. It is her understanding that the City does not have a strong mayor form of government so if this has changed, she wants to know when it was placed on the ballot. She said the resource police officers are not doing their jobs. They are parking the vehicles at the school and having someone pick them up and that is not right. The hiring of officers has changed several times during the budget process and there is killing going on in the City. The same group that was trying to abolish the City is now trying to outsource the police department to the county and that is not going to fly; it will take more than that. The City needs to revisit the agreement with the pro bono attorney. The class action lawsuit made the City look like a fool because previous officials made comments to residents that were not true. She recommended a sub account for the water and sewer so the customers can receive their monies back from their deposits. She is going to the school board and let them know the resource officers are not there. If something happens at the school the commission cannot say they did not know what was going on. Jessica Hererra, 620 Jann Avenue, Opa-locka, FL, said her husband is the one who was killed the other day and she wants to know if the City can do more to stop all of the violence that is taking place. She met with the vice mayor, but he did not get back to her about the incident. Mayor Pigatt gave his condolences to Mrs. Hererra. Inaudible, 920 Curtiss Drive, Opa-locka, FL, said she has never had a water bill issue until two weeks ago. She was told the meter had been changed in 2017, but her bill has increased out of nowhere. She needs to know what is going on. The CEO of Against All Odds Music Group sent her condolences for all of the issues the residents have spoken on today. Commissioner Burke said he is involved with what she has to present and asked that she hold off until another time to make her presentation. Mayor Pigatt said the City is aware of all of the water issues and is working with the county to address all of these matters. Regular Commission Meeting Minutes—3/13/2019 5 City Attorney Brown said due to current litigation, the manager should refrain from discussing the water bill issues as it could potentially harm the City. Commissioner Bass informed the residents that their issues are the commissions' issues as well, being that the majority of the commission are homeowners in the City. Vice Mayor Davis gave his condolences to Mrs. Hererra and said he is working with the Police Department to figure out what took place on that day. Commissioner Burke said the school resource officer is a sticky subject. He has spoken to the manager about this several times and it seems to be a certification issue, only two of the officers are certified. The issue needs to be corrected. Commissioner Bass said she works for one of the schools in question and everyone needs to have their facts straight before they talk. She is a Miami-Dade County Public School employee and at her school the officer has only missed two days of patrolling due to an injury. Commissioner Burke said one day of work missed is too much. Commissioner Kelley said the agenda itself needs to be amended so that the residents can know the protocol process with the meetings. Residents do not know that when they state their issues during citizens' forum, it will not be addressed until a later time. He hopes all of the residents are being treated fairly during the litigation for the water bills; this includes residents with the billing issues outside of the lawsuit. 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 1851 ALI-BABA AVENUE, OPA-LOCKA, FLORIDA IN THE AMOUNT OF $15,004.11; 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 Kelley, seconded by Commissioner Burke for discussion. Commissioner Kelley said he does not like when these things come up because it is at a loss to the City; if the money is owed, it needs to be paid. He will support the item tonight, but he will not support these types of legislation again. Vice Mayor Davis agreed with the commissioner. There being no further discussion, the motion on the resolution passed by a 5-0 vote. Commissioner Burke Yes Vice Mayor Davis Yes Commissioner Kelley Yes Regular Commission Meeting Minutes—3/13/2019 6 Commissioner Bass Yes Mayor Pigatt Yes 2 (13-5). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE (EXHIBIT "A") WITH THE OPA-LOCKA COMMUNITY DEVELOPMENT CORPORATION TO OCCUPY SPACE AT 780 FISHERMAN STREET; 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 Kelley, seconded by Commissioner Burke for discussion. Vice Mayor Davis had to recuse himself from this portion of the meeting for items 13-5 and 13-6 after an opinion provided by the Ethics Commission that he has a conflict of interest being that he works for the Opa-locka Community Development Corporation. Commissioner Kelley said he feels five years is too long because the market may change and the City does not need to be locked in for this amount time. He proposed a friendly amendment to the sponsor for three years. Mayor Pigatt said he is in support of this lease as it will provide for a computer center on the second floor of the Town Center building with computer and printing services available daily from 8:00—5:00 p.m. This service is free and open to the public. Acting City Manager Daughtrey agreed to the friendly amendment for a three year lease from Commissioner Kelley. There being no further discussion, the motion on the resolution passed by a 4-0 vote. Commissioner Burke Yes Vice Mayor Davis Abstain Commissioner Kelley Yes Commissioner Bass Yes Mayor Pigatt Yes 3 (13-6). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AMENDMENT (EXHIBIT "B") WITH ARTS ACADEMY OF EXCELLENCE, INC., TO OCCUPY SPACE AT 780 FISHERMAN STREET; 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 Kelley, seconded by Commissioner Burke for discussion. Commissioner Kelley said the City needs to insure that the tenant is paying the rent every month. They had fallen behind previously and this should not happen in the future. Regular Commission Meeting Minutes—3/13/2019 7 City Attorney Brown said he is recommending deferring this item because there are back monies that are owed to the City for rent. Acting City Manager Daughtrey said he met with the tenants and they have acknowledged the monies that are owed to the City. A payment plan was reached and they need to have a current lease in place in order to keep their charter. City Attorney Brown said they need to ensure an amendment for the payment plan is included in the new lease agreement. There being no further discussion, the motion on the resolution passed by a 4-0 vote. Commissioner Burke Yes Vice Mayor Davis Abstain Commissioner Kelley Yes Commissioner Bass Yes Mayor Pigatt Yes Vice Mayor returned. 13. CONSENT AGENDA: 1 (13-2). 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 2830 NW 135TH STREET, OPA-LOCKA, FLORIDA IN THE AMOUNT OF $3,916.32; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager 2 (13-3). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE CRITICAL CORE SERVERS, SOFTWARE, AND SERVICES, TO BE USED BY THE OPA-LOCKA POLICE DEPARTMENT FROM CDW GOVERNMENT, PIGGYBACKING ON THE STATE OF FLORIDA CONTRACTS WITH DELL EMC AND OTHERS IN AN AMOUNT NOT TO EXCEED ONE-HUNDRED EIGHTY FIVE THOUSAND ONE HUNDRED THIRTY DOLLARS AND FIFTEEN CENTS ($185,130.15), IN A FORM THAT IS ACCEPTABLE TO THE CITY ATTORNEY; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE.Sponsored by City Manager 3 (13-4). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO PIGGYBACK ON THE CITY OF CORAL GABLES PROFESSIONAL SERVICES AGREEMENT (RFQ 2015.09.44) WITH 300 ENGINEERING, P.A., FOR CITYWIDE VERIFICATION AND UPDATES OF THE HORIZONTAL AND IMPERVIOUS AREA FOR STORMWATER UTILITY FEES IN AN AMOUNT NOT TO EXCEED $80,688.00, IN A FORM THAT IS ACCEPTABLE TO THE CITY ATTORNEY; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager Regular Commission Meeting Minutes—3/13/2019 8 4 (13-7). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, DIRECTING THE CITY MANAGER TO EXECUTE THE SETTLEMENT AGREEMENT (EXHIBIT "A") BETWEEN THE CITY OF OPA- LOCKA AND THE BROWN LAW GROUP, LLC; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Commission The above resolutions were read by Attorney Brown. It was moved by Commissioner Burke, seconded by Commissioner Bass to pass the resolutions. The motion on the resolutions passed by a 5-0 vote. Commissioner Burke Yes Vice Mayor Davis Yes Commissioner Kelley Yes Commissioner Bass Yes Mayor Pigatt Yes 14. NEW ITEMS: 14-1: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE PAYMENT OF MAYOR MATTHEW PIGATT'S LEGAL FEES AND THE HIRING OF DOUTHIT LAW, LLC., TO DEFEND AND PROVIDE LEGAL REPRESENTATION IN CONNECTION WITH A WHISTLEBLOWER CLAIM AND ETHICS COMPLAINT RESULTING FROM THE PERFORMANCE OF HIS OFFICIAL MAYORAL DUTIES WHILE SERVING A PUBLIC PURPOSE, PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by Mayor Pigatt The above resolution was read by Attorney Brown. Mayor Pigatt opened the floor for a public hearing. Natasha Ervin, 670 Dunad Avenue, Opa-locka, FL, said the City spends a lot of money on attorney's fees and they need to come up with a pool of attorneys that they know the cost for in advance should these types of issues arise. There being no further persons to speak on the public hearing, the public hearing was closed. It was moved by Commissioner Burke, seconded by Commissioner Kelley for discussion. This portion of the minutes was transcribed in verbatim: Mayor Pigatt: Let me start off the discussion. I just want to state for the record that this is America, anyone can claim and sue and put out things, simple as that. And we need to do what we need to do to make sure that we protect ourselves and the City of Opa-locka. I have advised, I have spoken with ethics, the city attorney, the state, to everyone and this is the proper course to go to is to hire an attorney, an appointed. Unfortunately due to the fact that the city attorney will be a party to this, he cannot represent me right now, so we have to go through the process. I Regular Commission Meeting Minutes—3/13/2019 9 amend that this is a five thousand dollar ($5,000.00) cap on the bill and it has to be brought back before the commission if it goes any further. So that you're also updated and the people of Opa-locka are updated about the cost of this litigation and if it goes to litigation. It the moment this is just to guide the mayor in this process as we go to Ethics, simple as that. Any other discussion on this item? Commissioner Burke: Mr. Mayor, did you try to negotiate this four hundred and fifty dollars ($450.00) an hour. This four hundred and fifty dollars ($450.00) an hour is, I understand, I understand that we all can get into this situation and we all want a good attorney, but at the rate of four hundred and fifty dollars ($450.00), I mean can that be negotiated? That's the only problem I have with this. At four hundred and fifty dollars ($450.00) an hour I'm sure we could have found somebody just as incompetent or maybe you, I'm sure you know this attorney, you could have tried to negotiated on that price. We're already financially stressed and like you say, we're gonna put a five thousand dollar ($5,000.00) cap on it, but at four hundred and fifty dollars ($450.00) an hour, that's gonna go real fast. So if you could talk to this attorney and see if he can do better with his rates, that would help the City better. Mayor Pigatt: Mr. Manager can you advise the Sergeant at Arms and others to ensure that we have proper decorum in the meeting. Our reoccurring residents know that, I have said this three or four times during this meeting and I don't understand why in this particular meeting we have so much of it by the people who know. Please with respect for decorum, let's have respect on this, and if we could just move forward with the process. To Commissioner Burke, at the moment this is the attorney that I know very well that has an understanding of how to deal with ethics. I am full confident with this attorney and when he stated his price and I asked him if there was anything he could do to make it lower than that and he said that is his price. And I am not going to tell someone who is actually is in the interest of representing me and the City their price because I want them to do their due diligence to get the job done. We're putting a five thousand dollar ($5,000.00) cap on this so that we can bring it back before the commission if, so that we can know what's going on. This is not something that was asked, that we wanted to happen and trust me I am very clear about this. So I am pretty sure that it will be resolved as speedy as possible, but at the moment we have to do what we need to do. It is unfortunate, it is extremely, extremely unfortunate we have to go through this so much with the City of Opa-locka. But we are in transition right now so we have to move forward to bring a new day in this City and these are the things that happens as we continue to move the city forward. So with that said, is there any other discussion on this item? Commissioner Bass: My thoughts are, yes we do need good lawyers to do what they do best, but as Commissioner Burke just stated, I believe, yes, most times you get what you pay for, but not always. And we know that in the City. I just think at this time, where we are in our finances in the City,four fifty is a bit much. Thank you. Mayor Pigatt:Just for clarification sake as the only attorney we have here, Mr. Attorney can you give a roundabout estimate of what municipal attorneys that deal with these claims, what is their range in terms of charges just so that people understand the actual cost. City Attorney Brown: The question is, what is the cost of an attorney of Mr. Douthit's experience and years of practice. Um, he could command as high as six fifty to seven hundred dollars an hour, don't know if this is a discount from his normal rate, I don't know the answer to that question. I'm a firm believer that if you have the confidence in a lawyer and that lawyer has a price, then you pay that lawyers price. I think that when we did the same thing with Mr. Pizzi and Regular Commission Meeting Minutes—3/13/2019 10 Commissioner Holmes, in the Ed Brown lawsuit, I think his hourly rate was somewhere around four hundred to four fifty ($400.00 - $450.00) an hour; my recollection if it serves me correctly. So the hourly rate is within a reasonable range for attorneys who deal with this kind of litigation. Mayor Pigatt: and just so everyone's clear, I looked back at the legislation that was passed last year when the claim was brought by the city manager at the time by Mike Pizzi to Commissioner Holmes stating that his letter that seven hundred dollars is his regular fee. I believe he brought down, but he also asked for an upfront payment of five thousand dollars ($5,000.00). At the moment, all we're doing is making sure that, and this is something that should be resolved pretty quickly. This is the situation, this is the situation. So do we have any other questions or comments on this item? Commissioner Kelley: Mr. Mayor, thank you, I was not inclined to support this item, but since you put a five thousand dollar ($5,000.00) cap on it, I have been saying for years with all of these that come before us, that we need to have a cap amount. I do think that four fifty is high, but all of us have or own way of who we would want to represent us in these kinds of situations. So, I could support the item. What I do need clarity on is the process. I think you said it, but we want to be clear on the five thousand dollar ($5,000.00) threshold and it would have to come back to the commission for any subsequent approval. I think you stated that as an amendment to the item, but I want to be clear that that is captured in case I have the wording wrong; to the sponsor. Mayor Pigatt: Yes it's a five thousand dollar ($5,000.00) cap and it would have to be brought back before the commission if it goes above that and per the agreement, he submits a monthly invoice and lets us know where he is each month in terms of the billing. Commissioner Kelley: Ok,for the record can the attorney tell us which whereas this would go in terms of the legislation. City Attorney Brown: It will go in the "Therefore"section of Section 2. Vice Mayor Davis: In my opinion, the four fifty ($450.00) is rather on the high end, but with the consideration of the five thousand dollar ($5,000.00) cap and it coming back before the commission, I will support it. This ends the verbatim portion of the minutes. There being no further discussion, the motion on the ordinance passed by a 4-1 vote. Commissioner Burke Yes Vice Mayor Davis Yes Commissioner Kelley Yes Commissioner Bass No Mayor Pigatt Yes 15. PLANNING & ZONING: A. HEARINGS: Regular Commission Meeting Minutes—3/13/2019 11 B. APPEALS: 16. ORDINANCES/RESOLUTIONS/PUBLIC HEARING: A. FIRST READING ORDINANCE(S): B. SECOND READING ORDINANCE(S)/PUBLIC HEARING: 1. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AMENDING ORDINANCE 15-31, ARTICLE X SIGN REGULATIONS BY EXTENDING THE DEADLINE FOR ALL NON-CONFORMING SIGNAGE TO BECOME FULLY COMPLIANT BY SIX (6) MONTHS; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE (first reading/public hearing held on February 13, 2019). Sponsored by Commissioner Kelley The above ordinance was read by Attorney Brown. Mayor Pigatt opened the floor for a public hearing. Natasha Ervin, 670 Dunad Avenue, Opa-locka, FL, said she is unclear on the intent of this ordinance. She said it looks as though it is asking business owners to purchase expensive signs they cannot afford; every business in the City is not thriving and in a position to pay for this. There being no further persons to speak on the public hearing, the public hearing was closed. It was moved by Commissioner Kelley, seconded by Commissioner Burke for discussion. Commissioner Kelley said the ordinance is simply for a six month extension to allow for compliance by the business owners. There being no further discussion, the motion on the ordinance passed by a 5-0 vote. Commissioner Burke Yes Vice Mayor Davis Yes Commissioner Kelley Yes Commissioner Bass Yes Mayor Pigatt Yes C. RESOLUTIONS: 17. CITY MANAGER'S REPORT: Acting City Manager Daughtrey said the most challenging issue he has right now is to have the 2015 — 2016 audit completed by the 29th of this month so that one point five million dollars ($1,500,000.00) can be released from the state. The City cannot "Right off' any of the water billing that is owed. The City has to pay the county, and therefore needs to collect what is owed from customers. There have been shootings and homicides lately and with that they will be increasing the amount of officers on the road. They could not have prevented the two recent homicides because the City and the county had just patrolled the areas minutes before these Regular Commission Meeting Minutes—3/13/2019 12 actions took place. They are making a serious effort to deal with it and give the citizens a safe community. Commissioner Burke said when a vendor has to contact him wanting to know when he can expect to be paid for work that has already been completed that is a problem. He seen the invoices and he was in the City so knows the work was done and the vendor should not be getting the run around regarding payment. Acting City Manager Daughtrey said he will meet with the vendors tomorrow to determine what is owed. 18. OFFICIAL BOARD REPORTS: 19. MAYOR/COMMISSION REPORT: Vice Mayor Chris Davis • Internal Workshop for Policy and Procedure Vice Mayor Davis said him being a newly elected official, he would like to have a workshop on the policy and procedures for the City so the commission is involved in the policy making process for the City and the commission may receive recommendations from staff. Commissioner Joseph L. Kelley • Utility Billing Transfer Process • Accountability Workshops • Ingram Park Improvement Plan Commissioner Kelley said his second bullet point under his report is the same thing the vice mayor spoke on. He asked the clerk to poll the commission on their availability so they can meet and have discussions on policy and procedure in the City. The residents should be made aware of when the county will be taking over the billing systems. Ingram Park needs to be maintained even though it is not open as of right now. Residents are complaining about the grass being too high and in front of the Senior Citizen's Building looks bad; residents have homes on either side of the property and it does not look good. He said the Women's History Luncheon was a success and thanked the manager and all of the males who came to serve the women; Ms. Irby, Mrs. Ervin, Mrs. Mike11, and Mrs. Russell were recognized during the luncheon for their contributions to the community. Meet Me Monday was held this past Monday at Jesus Rock Ministries and the Census came and made a presentation on why the Census is important for every community. Monday Night will be starting back up at Sherbondy Park with free movies and refreshments for the residents. He is teaming up with Commissioner Bass to host the Easter Fellowship on Saturday, April 13, 2019 and encouraged everyone to attend as food bags will be distributed on a first come, first serve basis. The monthly community feeding will be held this Friday at Segal Park and he will be teaming up with Commissioner Burke to host Feeding South Florida. 20. OFFICIAL BOARD APPOINTMENTS: Regular Commission Meeting Minutes—3/13/2019 13 City Clerk Flores announced that the board training will be held on Thursday, March 28, 2019 at 6:00 p.m. Mayor Pigatt appointed Marie Falaise to the Community Relations, Recreation, and Activities Board. City Attorney Brown announced an Executive Session to be held on Wednesday, March 27, 2019 at 6:00 p.m. to discuss the water bills, Steve Shiver, George Howard, and Barton V. City of Opa-locka lawsuits. 21. ADJOURNMENT: There being no further business to come before the commission, it was moved by Commissioner Burke, seconded by Vice Mayor Davis to adjourn the meeting at 9:13 p.m. /411e:OR ATTEST: CITY CLERK Regular Commission Meeting Minutes—3/13/2019 14 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC-OFFICERS ICERS LOkT 1.�C.J►NAME—FIRST i�RSGhY��DLE bar r\,� I NAME OF�ARIlD.COUNCIL,COI�YpSS10N,AUTHORITY OR;'CON9r1IT7EE MAILING DRESS TH�ARD,COUNCIL COM �� OR C ON t i� 4,3 O 1 1)Lx*-\ oh V\ s4- I SERVE IS A N IT OF: Y F OU NTY O OTHER LOCAL AGENCY CITY COUNTY O p G - 1 0(K a M i Uvv,, oak ak NAME OF P41I11CAL SUrM DATE ON WHICH VOTE OCCURRED Q 1S (S G I^A!,� '� ^) MY POSITION IS: / V' U j r}.t.J � /ELECTIVE o APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county,city,or other local level of government on an appointed or elected board,council, commission,authority,or committee. It applies to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143,Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay dose attention to the instructions on this form before completing and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which would inure to his or her special private gain or loss.Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on a measure which would inure to the special gain or loss of a principal(other than a government agency) by whom he or she is retained (including the parent,subsidiary,or sibling organization of a principal by which he or she is retained);to the special private gain or loss of a relative;or to the special private gain or loss of a business associate.Commissioners of community redevelopment agencies(CRAS)under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a"relative" includes only the officer's father, mother, son,daughter, husband,wife, brother, sister,father-in-law, mother-in-law, son-in-law,and daughter-in-law.A"business associate"means any person or entity engaged in or carrying on a business enterprise with the officer as a partner,joint venturer, coowner of property,or corporate shareholder(where the shares of the corporation are not listed on any national or regional stock exchange). * * * * . * * * * * * * * * * ELECTED OFFICERS: In addition to abstaining from voting in the situations described above,you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting;and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting,who should incorporate the form in the minutes. * * * * * * * . * . * * * * * * APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 frorp,,gtherwise participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the''decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTEWILL BE TAKEN: • You must complete and file this form(before making any attempt to influence the decision)with the person responsible for r Cording the minutes of the meeting,who will incorporate the form in the minutes. (Continued on page 2) , CE FORM 8B-EFF.11!2013 PAGE 1 Adopted by reference in Rule 34-7.010(1)(f),F.A.C. APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the agency,and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, C kr).S D W- � ,hereby disclose that on NA Ct h Ch t 3 ,20 : (a)A measure came or will come before my agency which(check one or more) inured to my special private gain or loss; inured to the special gain or loss of my business associate, • _ inured to the special gain or loss of my relative, • inured to the special gain or loss of by whom I am retained;or inured to the special gain or loss of ,which is the parent subsidiary,or sibling organization or subsidiary of a principal which has retained me. (b)The measure before my agency and the nature of my conflicting interest in the measure is as follows: 3ry-1 a r pl ov tee- 01 O L C,DG 4n d re c-G4 pct rnys�li- -Prow, Gh d C.2 be_C t2. 0$- -e, k't was�n w D i. ,f�v -e �-cv��.ts �{ l`. ytr^ jr� -Yte (c-r�s P1 C U d � o�- ek If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who is also an attorney,may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way as to provide the public with notice of the conflict. tCt Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED$10,000. CE FORM 88-EFF.11/2013 PAGE 2 Adopted by reference in Rule 34-7.010(1)(f),F.A.G. FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME—FIRST NAME—MIDDLE NAME NMI OF BpARD,COUN IL,COMMISSION,AUTHORITY,OR Co MITTEE D av. c h - S Dare f CO fD 60(4--1 U (bfrimi Woo MAILING ADDRESS n THE BOARD, NCIL,COMMISSION,AUTHORITY OR COMMITTEE ON D...3 0 1 Y�r,,1 and , N 1 ; pa - wHICF J SERVE IS A UNIT O ❑OTHER LOCAL AGENCY CITY "`r COUNTY p d�Ic�"" l a N1 r ovv 1 Dpcle NAME OF P���UBDNISSIONG,r DATE ON I H VOTE�OCCURRED 1 ,J MY POSITION IS: v1 1 \�h ( J 1 )` � ELECTIVE ❑ APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county,city,or other local level of government on an appointed or elected board,council, commission,authority,or committee. It applies to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143,Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which would inure to his or her special private gain or loss.Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent,subsidiary,or sibling organization of a principal by which he or she is retained);to the special private gain or loss of a relative;or to the special private gain or loss of a business associate.Commissioners of community redevelopment agencies(CRAB)under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a"relative" includes only the officer's father, mother, son,daughter, husband,wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law.A"business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner,joint venturer, coowner of property, or corporate shareholder(where the shares of the corporation are not listed on any national or regional stock exchange). * t * * * * * * * * * * * * * * ELECTED OFFICERS: In addition to abstaining from voting in the situations described above,you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting;and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting,who should incorporate the form in the minutes. * r * * * * * * * • * * * * * * APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form(before making any attempt to influence the decision)with the person responsible for recording the minutes of the meeting,who will incorporate the form in the minutes. (Continued on page 2) CE FORM 8B-EFF.11/2013 PAGE 1 Adopted by reference in Rule 34-7.010(1)(f),F.A.C. APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the agency,and the form must be read publicly at the next meeting after the form is filed. C DISCLOSURE OF LOCAL OFFICER'S INTEREST I, e hV I S b CA') ,hereby disclose that on O rt1k I ,20 jy . (a)A measure came or will come before my agency which(check one or more) inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, • inured to the special gain or loss of by whom I am retained;or inured to the special gain or loss of ,which is the parent subsidiary,or sibling organization or subsidiary of a principal which has retained me. (b)The measure before my agency and the nature of my conflicting interest in the measure is as follows: irlan Or) he-) p o t(-tQ, o-C O L CO c un -4r-ow, ke-'■ `S ctr rftl r�lr� kr6r,S hi p � ) n D L-W L and t S rye xco-lf Sh; w N-cac N c 4 2dxetleiNC( If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who is also an attorney,may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way as to provide the public with notice of the conflict. ) ) l fit' Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED$10,000. CE FORM 8B-EFF.11/2013 PAGE 2 Adopted by reference in Rule 34-7.010(1)(1),F.A.C.