Loading...
HomeMy Public PortalAbout05-May 12, 2021 RCMCITY OF OPA-LOCKA "The Great City" CLERK'S ACTION SUMMARY MINUTES REGULAR COMMISSION MEETING May 12, 2021 7:00 P.M. 1. CALL TO ORDER: Mayor Matthew A. Pigatt called the meeting to order at 7:00 p.m. on May 12, 2021 at Sherbondy Village, 215 Perviz Avenue, Opa-locka, Florida. 2. ROLL CALL: The following members of the City Commission were present: Commissioner Alvin Burke, Commissioner Chris Davis, Commissioner John H. Taylor Jr., Vice Mayor Veronica J. Williams and Mayor Matthew A. Pigatt. Also in attendance were: City Manager John E. Pate, Assistant City Manager George Ellis, City Attorney Burnadette Norris -Weeks, Assistant City Attorney Candice Cobbs and City Clerk Joanna Flores. 3. INVOCATION: The Invocation was delivered by Commissioner Taylor. 4. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was recited in unison. 5. AWARDS/PROCLAMATIONS/ACKNOWLEDGMENTS: Vice Mayor Williams and her Commission colleagues presented Mayor Pigatt with the certificate of completion for his second institute of elected municipal officials. The Vice Mayor expressed that she is honored to be on the Commission with selfless elected officials. She acknowledged that the completion of the institute puts the Mayor into the master level and recognized him as a true leader. 6. APPROVAL OF CONSENT AGENDA AND PULL LIST (deferrals and deletions): Vice Mayor Williams pulled agenda item 13-3. Commissioner Burke pulled agenda items 13-1. Regular Commission Meeting Minutes — May 12, 2021 1 (These items would be discussed under agenda item 12 - Action Items). It was moved by Commissioner Burke, seconded by Commissioner Taylor to pass the consent agenda (agenda items 13-2). The motion passed by a 5-0 vote. Commissioner Davis Yes Commissioner Taylor Yes Vice Mayor Williams Yes Commissioner Burke Yes Mayor Pigatt Yes 7. APPROVAL OF AGENDA: It was moved by Commissioner Burke, seconded by Commissioner Taylor to approve the agenda. There being no discussion, the motion passed by a 5-0 vote. Commissioner Taylor Yes Vice Mayor Williams Yes Commissioner Burke Yes Commissioner Davis Yes Mayor Pigatt Yes 8. APPROVAL OF MINUTES: Virtual Workshop Meeting Minutes — March 18, 2021 It was moved by Commissioner Taylor, seconded by Commissioner Burke to approve the minutes of the Virtual Workshop Meeting on March 18, 2021. There being no discussion, the motion passed by a 5-0 vote. Vice Mayor Williams Yes Commissioner Burke Yes Commissioner Davis Yes Commissioner Taylor Yes Mayor Pigatt Yes Special Commission Meeting Minutes — April 29, 2021 Regular Commission Meeting Minutes — May 12, 2021 2 It was moved by Vice Mayor Williams, seconded by Commissioner Davis to approve the minutes of the Special Commission Meeting on April 29, 2021. There being no discussion, the motion passed by a 5-0 vote. Commissioner Burke Yes Commissioner Davis Yes Commissioner Taylor Yes Vice Mayor Williams Yes Mayor Pigatt Yes 9. DISTRICT ONE / DISTRICT TWO - COUNTY COMMISSIONER REPORT: There were none. 10. PUBLIC PRESENTATIONS: There were none. 11. CITIZENS' FORUM: (Opportunity for discussion of any concerns — please limit to 3 minutes) Clerk Flores announced the protocol for public participation at City Commission meetings. The Clerk informed the Commission that one individual registered to speak before the Commission. Mayor Pigatt recognized Ms. Dottie Johnson who connected via Zoom. Dottie Johnson of 13724 NW 22nd Place commended the Commission on a smooth transition to the events that have been sponsored, but recommended that the promotion of the events should begin earlier and spread a little wider throughout the community. Ms. Johnson also expressed that she is very pleased to see the City Manager's annual job appraisal being voted on. Noting that she was on the Commission when the consent agenda was introduced, she urged the Commission to reconsider the format of the agenda, stating that she finds. it very strange that citizens forum is after the approval of the consent agenda and questioning what the purpose was of anyone addressing any of the items that are already voted upon. She also reported that she has been unable to find the legislation for the cell tower near to the train station. Ms. Johnson said that citizens in some of Opa-locka's neighboring cities are concerned about cell towers and the theories about their radiation causing cancer. She also urged the Commission to sponsor legislation granting the City Clerk a contract, stating that after being involved since 1997, she knows the season that the City is going into; recalling that three members of the Commission got mad with the former Clerk in 2011 and she was no longer employed. Ms. Johnson stated that the Commission has three employees, the Clerk, the Attorney and the City Manager. She also said that if her intel is correct, she is pleased to learn that the City will be getting funds for the Police Department to have its own Regular Commission Meeting Minutes — May 12, 2021 3 building. Offering her advice to the Commission, she urged them to focus on God's unchanging nature instead of the circumstances, and encouraged them to hold their heads up high to make things happen because the residents of Opa-locka are depending on them. Mayor Pigatt opened the floor for the Citizens' Forum. There being no additional persons to speak, the public input portion of Citizen's Forum was closed. Mayor Pigatt opened the floor to the City Manager and the Commission to make any comments on what was said during the Citizen's Forum. Commissioner Burke noted that he has seen the cell tower going up on Ali Baba Avenue and asked the City Manager for details. City Manager Pate stated that he would need to have the Public Works & CIP Departments check on the permits for the cell tower being erected on Ali Baba Avenue. Mr. Pate said that if it is not on Opa-locka's easement or property, then the City wouldn't necessarily be doing a contract or overseeing it beyond issuing permits. Commissioner Burke asked if anybody can come into Opa-locka and install a cell tower on property that is not owned by the City, with the no permits and the City having no input. City Manager Pate assured Commissioner Burke that he can research the tower through the permitting process. There being no additional comments from the Commission, Mayor Pigatt closed the Citizen's Forum. 12. ACTION ITEMS (items from consent agenda pull list): 1. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, APPROVING. ISSUANCE OF A REQUEST FOR PROPOSALS (RFP) FOR FINANCIAL ACCOUNTING SERVICES; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager The above resolution was read by Assistant City Attorney Candice Cobb. It was moved by Commissioner Burke, seconded by Commissioner Davis to discuss the resolution. Mayor Pigatt asked City Manager Pate to introduce the item. City Manager Pate explained that the agenda item refers to the request for proposals (RFP) which was referenced in Financial Consultant Gerri Lazarre's contract extension that the Manager is bringing before the Commission. Mr. Pate stated that the RFP is being put out with two options. Regular Commission Meeting Minutes — May 12, 2021 4 The first option is to provide supplemental staff to the Finance Department with a Finance Director and staff that are employed by the City of Opa-locka. The second option would fully outsource the Finance Department to a third party entity contracted by the City. Mayor Pigatt opened the floor for discussion of the item. Commissioner Burke asked City Manager Pate if he was correct in understanding that even if Opa- locka were to hire a Finance Director, that the City doesn't have enough workers to run the Finance Department. City Manager Page asserted that the City does have enough workers to run the Finance Department. Mr. Pate reported that the only three vacancies that need to be filled include the positions for Finance Director, Senior Accountant and Junior Accountant. Commissioner Burke asked if the audit is going to be complete before the City brings in a new company to provide accounting services. City Manager Pate reported that the audit is projected to be finished by the first or second week in June with the deadline set by the state of Florida, being the end of June. Mr. Pate pointed out that the RFP won't even be closed out prior to June 30th, and thus the audit will be completed prior to the hiring of any new finance company. He also stated that once the finance company has submitted their application and the appropriate board has met and graded the applicants, it will be brought before the Commission. Commissioner Davis asked City Manager Pate to further clarify what the two options being offered in the RFP would look like on a day to day basis. City Manager Pate explained that the first option in the RFP would look like what operations in the Finance Department currently look like, with City of Opa-locka employees intermingled with personnel contracted through a third party, led by a Finance Director who would be hired by the City. Mr. Pate went on to explain that the second option in the RFP would have the full Finance Department run by a third party contractor, with all of the current City employees in that department being absorbed by the company as a term of acceptance. Under that second option, he added that both the Finance Director and staff would be contracted, with no City of Opa-locka employees supplementing the staff. Commissioner Davis asked City Manager Pate if both options offered by the RFP would be on the table if the Commission approves the item. City Manager Pate confirmed that contractors will be able to submit proposals for both options, and each proposal will be graded, with the Manager providing a final recommendation and analysis when the options are brought before the Commission. Mr. Pate reminded the Commission that they can deviate from his recommendation and direct the Manager to another option. Regular Commission Meeting Minutes — May 12, 2021 5 Commissioner Davis stated that he is more in favor of the first option, to keep the Finance Department in house, despite acknowledging that outsourcing is common practice and can make things more efficient and effective. The Commissioner pointed out that cities are chartered to provide services, so he will always advocate to make a direct impact. Mayor Pigatt asked what the difference was between the first option in the RFP and how the Finance Department currently operates. City Manager Pate explained that the only difference between the first option in the RFP and how the Finance Department currently operates is that the Finance Department does not currently have a Finance Director, noting that Financial Consultant Gerri Lazarre has been contracted to be the Finance Director until one is found. Mr. Pate added that the Finance Director would not come from the contractor and would be an employee of the City of Opa-locka. He stated that the contractor would provide staff to supplement the finance staff during audits or any other period where additional staffing is needed. Mayor Pigatt asked City Manager Pate what his assessment was of the current operation that the Finance Department has in place. City Manager Pate stated that he personally feels that the City has a very difficult time recruiting and maintaining both City employees and TriMerge Consulting staff because of issues like competitive wages and the hourly rate that Financial Consultant Gerri Lazarre is currently paying. Mr. Pate said that the City would have less employment related issues if the Finance Department was contracted out, and he pointed out that many cities in Florida as well as throughout the United States, do so with great success. He assured Mayor Pigatt that either of the two options being offered in the RFP, are viable. Mayor Pigatt said that he is a little confused, recalling that the City has had TriMerge Consulting providing support to the Finance Department since 2017, and pointing out that what he has heard is that they have been doing a great job. Reminding the Commission that the City is still under financial crisis, the Mayor asked what the difference would be if the City gets a different company to do the same thing that TriMerge Consulting is doing, and how it will address the concerns in the Finance Department. City Manager Pate explained that the financial consultant contract has not gone through an RFP process in quite some time and that it is best practice to do so when signing a long-term contract, as was recommended by the designee of the Governor of Florida. Mr. Pate stated that with proper controls in place, competitive wages and a properly negotiated contract that includes a longer term, along with various other factors, he thinks that either of the solutions included in the RFP would be viable. He clarified that he is not saying that the solution the City currently has is not fully successful, but based on the timing of Financial Consultant Gerri Lazarre's contract, he believes it is time to put out the RFP. Mr. Pate added that despite the RFP that will allow the Commission to Regular Commission Meeting Minutes — May 12, 2021 6 see the financial consulting options that are available, it does not mean that TriMerge Consulting will not be the company that is chosen again. Mayor Pigatt asked what criteria is needed to get the City out of the financial emergency, noting that the RFP is tied to that very closely. City Manager Pate explained that the terms will be negotiated as part of the contract. Mr. Pate also stated that what is required to come out of the RFP is subjective in nature, but that the agreement Opa-locka has with the governor's office states that the City has to show it is financially independent and stable by having proper controls in place as well as a proper cash balance and reserves, in addition to various other factors determined by the designee of the Governor of Florida. He added that he has been told that the City has to have several years of clean audits to get out of the financial emergency. Mr. Pate stated that he doesn't see the City staying under financial oversight an additional five years based on the projections of three to four years that he has been provided, stipulating a five year period from the date that the City's five year plan was approved last year. Mayor Pigatt reminded the Commission that he has been on the dais for a few years and recalled that over the years, TriMerge Financial Consulting has been with the City and completed an assessment of the Finance Department back in February of 2019. The Mayor pointed out that the assessment addressed the need to update the policies and procedures manual, the need for more staff to handle audit reconciliations, proposed different options for staffing of the department and the need for better management of all the departments throughout the City to reduce the delays of payments to vendors. He added that it sounds like the City still has those same problems now and he is not seeing how the terms for a new company addresses those issues, and stated that he is unclear about how it will actually make sure that the City gets out of its financial crisis. Mayor Pigatt also expressed concern about including both options in the RFP, considering that he thinks that City Manager Pate has been proposing contracting out the Finance Department since he was hired by the City. City Manager Pate asked if Mayor Pigatt was making a statement or if he was asking him a question. Mayor Pigatt asked City Manager Pate when he first proposed contracting out the Finance Department. City Manager Pate recalled that upon being hired by the City, he looked at the Finance Department and offered his initial assessment to potentially fully contract out the entire department. Mr. Pate reminded the Commission that he was told to wait a year until he got acclimated and observed the Finance Department, prior to taking such a great step. Noting that a year has passed, he asserted that he doesn't agree that the City is in the same financial conditions. He stated that there are financial controls in place, in addition to policies and procedures that have been drafted by the Regular Commission Meeting Minutes — May 12, 2021 7 Finance Department to implement some of the planning, through the leadership of Financial Consultant Gerri Lazarre. Mr. Pate suggested that getting a permanent Finance Director in place will allow that person to look at the recommendations that were made for the Finance Department, and work hand -in -hand with Ms. Lazarre through the transition, to see if those recommendations should be followed. Despite having hired the appropriate staff, Mr. Pate reported that the Finance Department has lost staff as a result of attrition, but reasserted that the department is not at the same level as it was in 2019. Mayor Pigatt asked what other actions will be taken to address the issues identified in the assessment of the Finance Department and to make sure that the City is going to get out of the financial crisis in the next few years. City Manager Pate explained that any action the City takes in regards to its finances, is being monitored and approved by the designee of the Governor of Florida, as a check and balance that is in place. Mr. Pate also assured the Commission that any contract has to come before them for approval, and if any additional specifications need to be added, such as recommendations from the Finance Department memorandum from early 2019, it can be done. Additionally, he stated that the specifications of the contract will have to be reviewed by the governor's designee, to make recommendations for additions or subtractions of anything they feel is needed to move the City out of its financial emergency, in addition to obtaining their final approval. Mayor Pigatt stated that he didn't hear an answer to his question beyond the approval of the designee of the Governor of Florida, but said he was not going to beat a dead horse and asked if there were any other comments. Vice Mayor Williams asked City Manager Pate if either the first or second option being included in the RFP would have a positive or negative effect on the City's budget. City Manager Pate explained that he will not be able to give the Commission an affirmative answer on the impact to the budget, until he sees the dollar amounts being presented by the companies submitting their proposals for financial consulting, as part of the RFP process. Mr. Pate stated that he and Budget Director Bob Anathan will provide the Commission with the financial impact and will let them know which option is more financially advantageous than the other. Commissioner Burke recalled that when TriMerge Consulting began working with the City, they were supposed to develop policies and procedures for the Finance Department, but he has yet to see them and asked City Manager Pate to address that. City Manager Pate assured Commissioner Burke that the policies and procedures have been done for the Finance Department and he stated that he will have Financial Consultant Gerri Lazarre get copies to the Commission. Pointing out that because the City is going through the operational Regular Commission Meeting Minutes — May 12, 2021 8 audit and that there are a lot of findings which require financial controls, policies and procedures to be in place, he knows for a fact that they were done. Commissioner Taylor stated that Vice Mayor Williams asked the question that he was planning to, but he also asked City Manager Pate if there are any applicants for Finance Director right now. City Manager Pate reported that there are applicants for Finance Director that are currently being reviewed, and will have interviews conducted, as they have been doing. Mayor Pigatt followed -up on Commissioner Taylor's question and asked why the City has not been able to staff the Finance Department, stating that it sounds like a recurring thing with the Human Resources Department and recruitment. The Mayor noted that he has heard a lot about the pay, but pointed out that the Commission has not seen a payment plan to address that, and also reminded the Commission that the City has had a Finance Department in the past that was fully staffed. He stated that if the Commission chooses the first option in the RFP for the City's financial consulting services, they will still need to have someone recruited for Finance Director and the other positions and thus wanted to know how that is going to be addressed, before the contract gets approved, so that the financial consulting company will have the support they need. City Manager Pate declared that his office continuously reviews the recruitment process for the employees of the Finance Department and makes appropriate adjustments at the time they are needed. Mr. Pate assured the Commission that employees will continue being recruited based on their qualifications for the positions, and those positions will be staffed appropriately. Mayor Pigatt stated that what City Manager Pate said did not sound like an answer and asked if there were any other questions or comments. There being no further discussion, the motion passed by a 5 -0 vote. Commissioner Davis Yes Commissioner Taylor Yes Vice Mayor Williams Yes Commissioner Burke Yes Mayor Pigatt Yes 3. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, APPROVING A MUTUALLY AGREED UPON AMENDMENT TO THE EMPLOYMENT AGREEMENT BETWEEN CITY MANAGER JOHN E. PATE AND THE CITY OF OPA-LOCKA; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager and Vice Mayor Williams Regular Commission Meeting Minutes — May 12, 2021 9 The above resolution was read by Assistant City Attorney Candice Cobb. It was moved by Commissioner Burke, seconded by Commissioner Taylor to discuss the resolution. Mayor Pigatt asked City Manager Pate or Vice Mayor Williams to introduce the item. Vice Mayor Williams presented a little background on how and why the item was brought to the Commission. The Vice Mayor expressed that her thought process is that in order for the City to be as effective as it can be, there must be top -down leadership and the Commission must be an example, to show everyone their leadership nature. She reported that after some recent events, she had a conversation with City Manager Pate about bringing the item forward, adding that after a few conversations, Mr. Pate mutually agreed. The Vice Mayor stated that as she has said a few times, she thinks the members of the Commission agree on the evaluation of the City Manager and all employees, and she is thankful that the Manager agreed to extend his contract so that the Commission can come up with a tool to evaluate him and the work that he does. Before the item is discussed, the Vice Mayor proposed that the tool to be used to evaluate the Manager be discussed during Monday's Commission Priorities Workshop. She shared that she provided an email with several tools, not just tools that have been edited or deleted, and that she will present a PowerPoint during the workshop. The Vice Mayor urged the rest of the Commission to present their ideas for the tool, so that they can objectively evaluate the City Manager during the 90 day period. Commissioner Burke pointed out that Vice Mayor Williams stated that her sponsored agenda item proposes to extend City Manager Pate's contract, but he asked her to clarify if she meant that it would extend the time allotted to complete the Manager's evaluation. Vice Mayor Williams confirmed that Commissioner Burke is correct, pointing out that according to City Manager Pate's contract, his evaluation period ended on April 30th. The Vice Mayor stated that the time to complete the Manager's evaluation had expired for whatever reason, and she re- stated that Mr. Pate mutually agreed to the 90 -day extension so that the Commission can effectively observe him and have conversations about creating a tool for his evaluation, to provide feedback and priorities moving forward. Commissioner Burke asked Vice Mayor Williams on what date the 90 day period would begin for the proposed extension of City Manager Pate's evaluation period. Vice Mayor Williams asked City Attorney Burnadette Norris -Weeks to help address Commissioner Burke's question. City Attorney Burnadette Norris -Weeks confirmed that the 90 day extension of City Manager Pate's evaluation period would commence from the date of passage of the item sponsored by Vice Mayor Williams. Regular Commission Meeting Minutes — May 12, 2021 10 Commissioner Davis inquired about how the item sponsored by Vice Mayor Williams made its way to the agenda because he is under the impression that an ordinance passed by the Commission in September of 2020, requires any future agenda items to be presented to the board. The Commissioner stated that he understands the item was previously sponsored by Commissioner Bass and voted on, but asked why this particular item has not followed the established channels. City Attorney Burnadette Norris -Weeks explained that the item is being sponsored by Vice Mayor Williams and City Manager Pate, and if it had not been jointly sponsored, it would have been a future agenda item for the Commission's consideration. Commissioner Davis asked if an item is co -sponsored by the City Manager, if it can bypass the path that was set by the ordinance that the Commission passed. City Attorney Burnadette Norris -Weeks explained that the item was brought to legal as a mutually agreed upon item. Attorney Norris -Weeks added that the item is being brought to the Commission as the City Manager's item and is just basically adding Vice Mayor Williams name to the item. Commissioner Davis stated that he understood and thanked City Attorney Burnadette Norris - Weeks for her point of clarification. Mayor Pigatt echoed Commissioner Davis' concerns about bypassing the City's ordinances by convincing the City Manager to sponsor an item. The Mayor asked City Manager Pate to provide some insight into how the proposal to extend his evaluation period was presented, including how it was first proposed. City Manager Pate said that the extension of his evaluation was proposed in the way that Vice Mayor Williams stated. Mayor Pigatt asked City Manager Pate if the extension of his evaluation was proposed to Vice Mayor Williams before or after the Manager had proposed it to the Mayor. City Manager Pate explained that on the Monday prior to the Special Commission Meeting, as he was pleading for his job, he said that he asked Mayor Pigatt to not hold the meeting and to extend his evaluation period. Mr. Pate reported that the Mayor denied his request and that after the meeting occurred, he was contacted by Vice Mayor Williams who stated leadership principles that he agreed with including having the Commission evaluate him. He then explained that the Vice Mayor sent an email to the City Attorney requesting that the agenda resolution be drafted as a mutually agreed upon item. Mayor Pigatt asked if it was correct that City Manager Pate had apologized on his call, for his actions that violated his contract. Regular Commission Meeting Minutes — May 12, 2021 11 City Manager Pate stated that he thinks it is appalling that Mayor Pigatt tried to bring that up, that it is subjective and harassing in nature, and that he will not speak on that. Mayor Pigatt stated that he brought up the phone call with City Manager Pate to bring to light the fact that at the last Special Commission Meeting, he presented evidence that Mr. Pate violated his contract with the City. The Mayor reported that he and Mr. Pate had a fourth conversation with the attorney present, to address the habits and behavior that he said were detrimental to the City of Opa-locka. It was during that conversation that Mayor Pigatt said he did not agree to the proposal to extend the Manager's evaluation period because of what he characterized as the egregious nature of the violations of his contract. He expressed concern upon seeing that the agenda item does not address the violations that the Mayor accused the Manager of committing and he asked Vice Mayor Williams as the sponsor of the item, if the Commission sits back and is silent on the purported violations how extending the evaluation will address those. Vice Mayor Williams stated that one of the layers that was missed before the issue went to an extreme nature, was an evaluation. The Vice Mayor pointed out that priorities were discussed for several weeks and months and she said that never once were evaluations talked about. Additionally, she said that the Commission never followed a chain of command, because she said that the command went straight to one person, to do what that person felt they needed to do for themselves. Identifying herself as a true leader in nature, she said that from her own experience, you should not go to an extreme nature without following a path of evaluation. The Vice Mayor stated that she would have been glad to give her position at the last Commission meeting, but that it is not one of the options she was offered. Per her recollection of that meeting, she heard a statement and then the meeting was adjourned. She asserted that if there are any issues, they should not be taken up with the City Manager because it appears to her that the issue is personal. Vice Mayor Williams declared that she is not making it personal, because everyone needs to be evaluated, pointing out that she is evaluated on her job and she evaluates others on theirs. She once again stressed that the City Manager needs to be evaluated with feedback provided, be it good, bad or indifferent and concluded stating that the path she is proposing is the path that should have been taken. Commissioner Burke recalled that Mayor Pigatt said several times that City Manager Pate had committed several violations of his contract, but he has yet to see a violation and said he has never been informed of them. The Commissioner asked the Mayor to elaborate on the violations. Mayor Pigatt offered to pull up the agenda packet from the Special Commission Meeting that was held last week, explaining that City Manager Pate had violated certain sections of his contract. The Mayor also clarified for Vice Mayor Williams that the Commission did talk about evaluations a few times during their meetings beforehand, and pointed out that at the last priorities workshop before the contract ended, he had mentioned that the Commission had to submit their evaluations of the Manager. Regular Commission Meeting Minutes — May 12, 2021 12 Commissioner Burke asked why the supposed violations of the City Manager's contract were not forwarded to the Commission for them to see, stating that he hasn't seen any violations and doesn't think anybody else has either and that the Mayor is the only one to have the violations. Mayor Pigatt pointed out that the details of the violations of the City Manager's contract were included in the supporting documentation of the agenda packet for the April 29th Special Commission Meeting. The Mayor reminded the Commission that the agenda packets are publicly available online. Commissioner Burke asserted that the violations of the City Manager's contract should have been forwarded to the Commission before a special meeting. The Commissioner stated that if Mayor Pigatt is having a problem with something, he needs to appraise the full Commission and not try to take care of it by himself. He stressed that the Commission needs to be a team and if the Mayor is having a problem, they're all having a problem. Stating that he, the Vice Mayor, Commissioner Davis and Commissioner Taylor don't know about the violations, he said that the violations should have been forwarded to them as they were happening. In the future, Commissioner Burke suggested that any problems should be forwarded to the full Commission. Mayor Pigatt asked City Clerk Flores if the agenda packet was provided to everyone on the Commission, with the supporting documentation detailing the violations that City Manager Pate was accused of. City Clerk Flores confirmed that the agenda packet with all supporting documentation was provided to the entire Commission. Mayor Pigatt explained that due to the Sunshine Law, the Commission is only able to speak about these items during public settings. The Mayor pointed out that at the last Commission meeting, he presented evidence for the next day's Special Commission Meeting agenda item which included the proposed item to terminate City Manager Pate. He reminded the Commission that he laid out a few challenges and assured them that he had no problem going through the information detailing the powers of the Commission and the City Manager, prohibitions, the standards of conduct and the employment agreement with Mr. Pate. He also reminded them that the standards of conduct require that all elected representatives of the Commission have to be very clear about false accusations that are being made and must also be honest and respectful in terms of duties. Pointing to City Manager Pate's contract, he noted that it says that the Commission must evaluate the Manager between March 1st and April 30th. Additionally, he noted that the Commission can terminate the Manager in one of two ways. First, the Commission can terminate the Manager without cause for whatever reason, which would cause the City to incur a significant cost. Alternatively, the Commission can terminate the Manager for cause based upon a willful disregard of a direct order, violations of the law, conduct unbecoming of a public employee or other items. Mayor Pigatt reminded the Commission that last year they were copied on the messages from the Manager, in which he made very false accusations about the Mayor interfering with day to day Regular Commission Meeting Minutes — May 12, 2021 13 operations in the City. He recalled that despite the Manager having apologized for the false accusations, that false accusations were made to consultants, citizens and the rest of the Commission. The Mayor asserted that the nature of the messages that were sent, were completely unbecoming of a public employee and he said that the accusations started after an inquiry into the Manager's leave time. He stated that many of the members of the Commission have sat in meetings to which the Manager has not shown up, in addition to having heard GSP signals and food orders while he is missing the meetings. Noting that Commission meetings are the time to address citizens' issues, he stated that the Manager has also missed individual meetings with the county and other representatives, with those things not being addressed. After the inquiry into the Manager's leave time, the Mayor said he found instances where the Manager said he was out sick and had not let the Commission know and did not input those sick days. The Mayor asserted that those things qualify as conduct unbecoming of a City employee. He expressed that he believes it is a symptom of a larger issue than what is seen on the current agenda. Mayor Pigatt accused Mr. Pate of neglecting the evaluations of the Finance, Code Enforcement and Human Resources Departments. He stated that if the Commission does not do something about this, he believes it will continue to delay the progress that is needed to face the City's challenges, including the financial crisis. From his perspective, he said it continues to create the same conditions that the citizens have to deal with every day. Mayor Pigatt stressed that he is not fond of the trash that is out in the community, or the situation with the bus benches or all of the things that are going on, and pointed out that the only person the Commission has to hold accountable is the Manager. The Mayor declared that they have all seen the evidence that holding the Manager accountable is not happening. Vice Mayor Williams stated that this is not an agenda item. Mayor Pigatt stated that it is an agenda item. Vice Mayor Williams stated that the item is a consent agenda item and not an agenda item. The Vice Mayor said that the Commission is talking about an evaluation and that she was in shock that the Mayor was trying the case against City Manager Pate again. Mayor Pigatt stated that the Commission is in the sunshine and that Commissioner Burke had said that he wanted to hear the violations that City Manager Pate had committed against his contract, so he laid them out. The Mayor pointed out that the Commission was supposed to discuss this during the Special Commission Meeting, but there was never an opportunity to do so. He recalled that these items have been brought up multiple times and said that he heard silence from the Commission. While pointing out that there are plenty of people including employees that are witnessing what is happening, he asked if the Commission is just supposed to sit and not say anything. The Mayor asserted that it is a problem when everybody else can sit in the meetings but the Manager doesn't and the Commission is silent. Regular Commission Meeting Minutes — May 12, 2021 14 Vice Mayor Williams stated that what Mayor Pigatt said is incorrect and that she is not silent. The Vice Mayor offered to yield her time to City Manager Pate so that he can tell the Commission how she has not been silent. She explained that she does not operate by coming to the dais to try to embarrass anyone, and stated that if she wants to tell Mr. Pate how he needs to do better, she gets on him. The Vice Mayor asked the Mayor to not make accusations because the Commission doesn't do what he wants them to do. Commissioner Burke asked Mayor Pigatt if the Commission can call for the vote on the item proposing to extend City Manager Pate's evaluation period. Commissioner Taylor stated that the conversation had turned extremely counterproductive, with the Commission literally going backwards despite needing to move forward. The Commissioner asserted that dwelling on City Manager Pate being fired when the topic of discussion was his evaluation is counterproductive. He agreed with Commissioner Burke that there was a motion to call the question. Mayor Pigatt acknowledged that there was a motion to call the question and stated that the motion failed for lacking a second. Commissioner Burke pointed out that he called for the vote and Commissioner Taylor seconded the call for the vote. The Commissioner asked Mayor Pigatt how the motion failed. Commissioner Taylor stated that the Commission is beating a dead horse and the City has to move. The Commissioner said that the City is not going to move by dwelling on City Manager Pate. He pointed out that the Commission has work to do and this doesn't help the situation. Mayor Pigatt stated that the City Manager is the leader of day-to-day operations and that there are issues that need to be addressed. The Mayor lamented that this is the only time that there has been an opportunity to speak on these things. He stated that information is being presented and the Commission stays silent, not allowing the things that are happening behind the scenes to come to light. Asserting that it is a problem if everyone thinks it is okay to have the Mayor of the City threatened with a misdemeanor criminal charge, assuring his colleagues that if it happened to any of them, he would be the first to step up. He recalled that the last ex -cop that was playing shadow mayor, had to be removed from the City and is currently locked up. The Mayor declared that he is not going to sit and be silent and nobody is going to silence him when it comes to this, because it is an issue that cannot just be pushed to the side by an evaluation and needs to be addressed. Mayor Pigatt stated that he has been sitting silent and is now asking for his colleagues to step up. He stated that after his statement, the Commission can pass the resolution to extend Mr. Pate's evaluation period and move forward. Vice Mayor Williams acknowledged that there are two sides to every story and hears that Mayor Pigatt wants to share that story. The Vice Mayor stated that it appears as if the only resolution that Regular Commission Meeting Minutes — May 12, 2021 15 the Mayor wants is to fire City Manager Pate. She reported that she had scolded Mr. Pate behind the scenes. The Vice Mayor asked Mr. Pate to confirm if she had spoken to him on several occasions about his attendance. City Manager Pate confirmed that Vice Mayor Williams has spoken to him about his attendance to meetings. Vice Mayor Williams reported that she has spoken to Mr. Pate on several occasions about his tone, including the way he speaks to Mayor Pigatt and the mannerisms he uses. The Vice Mayor said that the Mayor wants the Commission to bring this out to everyone, and said she would do that if it is going to make the situation right. She shared that unbeknownst to the Mayor, the Commission does have his back. The Vice Mayor stated that she believes the Mayor just wants the Commission to fall in line with what he wants them to do, and she asserted that is not going to happen. She explained that she is not saying that an evaluation is going to solve the situation. Additionally, she reported that she told Mr. Pate that she felt bad that the Mayor was not able to lay out everything that he put together. The Vice Mayor asserted that Mr. Pate is not going to be fired during this meeting, and pointed out that discussing his evaluation is not sweeping the problems under the rug, especially considering that the Commission missed the deadline to evaluate the Manager. She stated that she and her colleagues are going to put together a tool for evaluation of the Manager that they all agree on and can provide feedback. The Vice Mayor suggested that the tool present a self -reflection for Mr. Pate, so that he can self -reflect on his skills as a leader of the City. Stating that she was insulted when she received the email with a tool that removed the names of the Commissioners from 2015 and put the names of the new Commissioners in their place, which is why she proposed that all five of the members of the Commission put the new tool together and not just have it given to them. The Vice Mayor asserted that is not how she operates and stated that eventually in time, everybody is going to learn how she operates. Mayor Pigatt stated that he understands Vice Mayor William's passion, and said that the conversations she has been having with City Manager Pate over the past few months, he has been having with the Manager over the past year. The Mayor said that it wasn't until this meeting and the meeting before last that this has been brought out into the public. Citing as evidence the emails and documentation he provided, the Mayor said that this isn't something new. He also pointed out that the evaluation of the City Manager was discussed by a prior Commission and the tool for the ,evaluation was on hand, as the evaluation tool for the City. The Mayor said he was glad that the Vice Mayor brought up the proposal to change the Manager's evaluation tool, and that he was open to it and appreciated and respected the documentation she provided. With respect to the Vice Mayor's comment that the Mayor was pushing for something that only he wanted to do, he pointed out that he can't do anything alone in the City because he is one out of five votes. The Mayor also reminded the Commission that during the last Commission meeting, three different options were presented and only one provided the evidence to terminate the Manager with cause and no cost to the City. He also reminded them that the second option provided would have suspended the Regular Commission Meeting Minutes — May 12, 2021 16 Manager with an investigation completed by a third -party human resources firm. Lastly, he reminded them that they had been provided a similar option to what Vice Mayor Williams is proposing, to extend the Manager's evaluation period. The Mayor explained that he knew that after his conversation with the Manager, during which he recalled telling him that he would not extend the evaluation period, he knew that Mr. Pate was going to go around and talk to people about what he wanted to do. He stated that it is the reason why he left that option blank, so that the Commission could have a conversation about it. Assuring the Commission that he wasn't just focused on terminating Mr. Pate, he asserted that he has to do his due diligence as an elected representative of the people, after finding information and seeing a pattern from the Manager over the past year and half. As the person who negotiated Mr. Pate's contract, the Mayor called it a mistake. He stressed that he will not let the Commission just pass by the evidence that has been presented for termination for cause. Indicating his support for an evaluation of the Manager and the development of a performance plan, the Mayor also urged the Commission to consider the picture people have of the City. He asserted that not showing up reflects disrespect to the City's partners and citizens. He explained that he wanted to present this information to everyone, so that they know what is going on and so it is not just behind the scenes with everybody being silent while the City's partners, employees and everybody sees it. Stating that he may not be the most eloquent person, he said that he had to be real with the Commission and let them know what's up. Commissioner Burke pointed out that everything Mayor Pigatt said could be put in the City Manager's evaluation and asked for the vote on the proposed item to extend Mr. Pate's evaluation period. Vice Mayor Williams assured Commissioner Burke that she is going to get to the vote on her proposed item to extend City Manager Pate's evaluation period. As a point of clarification, the Vice Mayor said she found it laughable that her colleagues are questioning how the item was proposed and are not asking why it was proposed. Stating that the Commission not looking at the big picture is an issue, she pointed out that Mr. Pate would not have an evaluation because the evaluation period ended on April 30th and would have gone an entire year before the Commission could evaluate him again. The Vice Mayor stated that her proposal works for the Commission and it also works for Mr. Pate, but noted that who brought the item and how it got onto the agenda is being questioned, and said that is the issue. Commissioner Davis explained that the reason he hasn't been as vocal as his colleagues on this issue is because he respects the right that each member of the Commission has to respectfully manage Mr. Pate as his bosses, encouraging the Manager to carry out the wishes of the community and the electors who put the Commission in place. The Commissioner stated that the reason he questioned why the item was done the way it was, is because he has never seen a Commission item come from the Manager's office and not be vetted by the Commission. He assured the Commission that he is in favor of giving Mr. Pate a 30, 60, 90 or even 120 day extension for his evaluation. Recalling that after he was first elected, the very first Commission meeting had the Regular Commission Meeting Minutes — May 12, 2021 17 firing of a City Manager on the agenda, he noted that since that time the Commission has never evaluated a Manager, which in his opinion is not becoming of the City and is not what leadership looks like. The Commissioner stated that the Manager sets the example for his employees, and he has never not been supportive of the evaluation process. He said that he thinks each member of the Commission reserves the right to manage the Manager and that it is not their job to get in the way of that. Adding that while members of the Commission may not agree with what the Mayor or Manager say, he pointed out that it is the Mayor's right to do so as someone who was duly elected, just as the other four members of the Commission were. The Commissioner asserted that the Mayor's right to manage the Manager must be respected, just like he would want the Mayor to respect the way that he manages the Manager. He concluded by stating that he never got involved because it is the Mayor's prerogative. City Manager Pate thanked Vice Mayor Williams for suggesting that the matter of the extension of his evaluation period be placed on the agenda. The Manager stated that he is fully supportive of being evaluated by the Commission in a fair and non -subjective manner, but he expressed that he is still very much concerned about the intent of some on the Commission and said that it brings him pause. In his attempt to move beyond the last year and a half, he said that the first step is to open up his evaluation process for extension. Having thought that the Special Commission Meeting from the previous Thursday was over and beyond the Commission, Mr. Pate pointed out that the Mayor continued to clearly state his case. He said that he believes the Mayor still desires for him to not be the Manager and desires to come after his employment with the City. Expressing his concern that mutually agreeing on his evaluation will not open him up to any future scrutiny, he added his hope that the evaluation is done fairly in accordance with the entire Commission's will. Mayor Pigatt asked City Manager Pate if the Commission were to develop a new evaluation protocol, to what term of his contract it would apply. City Manager Pate stated that the Mayor's question about the term of his contract that a new evaluation protocol would apply to, is one for the City Attorney. City Attorney Norris -Weeks explained that the proposal to extend Mr. Pate's evaluation period would not affect the term of the City Manager's contract, and it would end at the same time that it ended before the item was proposed. Mayor Pigatt asked if the Commission develops a new evaluation protocol that highlights areas that Mr. Pate was not aware of, if the Manager is still subjected to being evaluated in those areas. City Attorney Norris -Weeks said that she is not quite sure if she understood Mayor Pigatt's question, but explained that Mr. Pate is agreeing to a 90 -day extension to evaluate him. Attorney Norris -Weeks suggested that the Commission should come up with the tool they are going to use to evaluate Mr. Pate as quickly as possible, so that they can have the time to tell the Manager what Regular Commission Meeting Minutes — May 12, 2021 18 they are going to evaluate him on and then have time to complete the evaluation within the 90 -day period. Mayor Pigatt expressed that one of the concerns he has with proposing a new tool to evaluate Mr. Pate, is that it sounds to him that the evaluation term would be just 90 days and not the entirety of time under the Manager's current contract. Wondering how long it will take the Commission to develop the evaluation protocols, he asked if the tool will be used to evaluate the Manager based on his behavior after the protocols are passed or if it will reflect past behavior as well. The Mayor expressed additional concerns about a new tool being developed and not being applied to City Manager Pate's past behavior, which he pointed out can be done with the current evaluation tool. Vice Mayor Williams pointed out that all of the members of the Commission were elected at different times, so when Mayor Pigatt refers to City Manager Pate's past behavior, it is referring to five months for her. The Vice Mayor stated that the reality is that the Manager's evaluation period ended without a thorough discussion by all five members of the Commission. She also said that she feels the evaluation tool that was sent to the Commission is outdated, doesn't apply to today's standards and is subpar to say the least. The Vice Mayor reported having done research on about ten other cities in Miami -Dade and Broward counties, to get other evaluation tools. Expressing hope that the Commission can agree with her thinking, she proposed that they look at the old evaluation tool and some of the new evaluation tools, and then create an efficient tool together. Suggesting that the Commission can have the conversation on Monday, she offered to present the various evaluation tools and take out the specific questions that she thinks the Commission should look at. The Vice Mayor asserted that one Commission will decide what they like and don't like for the tool that will be used to evaluate City Manager Pate. Mayor Pigatt asked Vice Mayor Williams if the new evaluation tool will be used to evaluate City Manager Pate based on the past five months that the Vice Mayor has been on the Commission. Vice Mayor Williams stated that the new evaluation tool will start after April 30th, reminding the Commission that the City Manager's evaluation was forfeited. Mayor Pigatt asked if the Commission will only evaluate City Manager Pate from May 1st until July 29th. Vice Mayor Williams suggested that the period of time that City Manager Pate will be evaluated on, should be decided by the Commission. The Vice Mayor also stated that the conversation about the evaluation tool and the evaluation period will be had at the Commission workshop on Monday and that she was not planning to have the conversation now. Mayor Pigatt pointed out that the item proposed by Vice Mayor Williams specifically says that it will extend City Manager Pate's evaluation period to July 29, 2021 and because she is also talking Regular Commission Meeting Minutes — May 12, 2021 19 about developing a new evaluation tool, he asked if someone can explain what time period Mr. Pate will be evaluated for, if the item is passed. Commissioner Taylor stated that his understanding of what Vice Mayor Williams is proposing is that each Commissioner will be able to evaluate City Manager Pate based on the time period they want. The Commissioner added that while the evaluation period that the Vice Mayor and he can use would only be five months because that is when they first met the Manager, for the Mayor the evaluation period would be longer. He further explained his understanding that the item is just extending the evaluation deadline by 90 days, because the Commission missed it and is now just righting a wrong. The Commissioner asked Vice Mayor Williams if his explanation is what she was saying, in layman's terms. Vice Mayor Williams asked City Attorney Norris -Weeks for clarification on the time period that the Commission will be able to evaluate City Manager Pate on. City Attorney Norris -Weeks stated that the Commission is supposed to evaluate the performance of the Manager at least once every fiscal year between March 1st and the immediately following April 30th. Attorney Norris -Weeks explained that the resolution proposed by Vice Mayor Williams extends the April 30th date by another 90 days for the evaluation to take place and would therefore include the previous time plus the days that it was extended. Addressing Mayor Pigatt's question specifically, she said that the Commission could go back and evaluate the Manager before the period of time stipulated in the evaluation extension, based on the reading of the language of his contract. Mayor Pigatt asked if developing a new evaluation tool would affect the setting of the expectations for the City Manager's evaluation. City Attorney Norris -Weeks explained that the Commission has to tell the City Manager what they are evaluating him on because he deserves to know, which the development of the new evaluation tool would do. Assuming that the Commission will have some conversations with the Manager to develop the evaluation tool, she said they can discuss the categories that will be part of the tool and make sure that he has a clear understanding of what he is being evaluated on. She said that in some cases managers are even given an opportunity to complete a self -evaluation, to respond to some of the things the Commission will be evaluating, giving Mr. Pate a chance to put on paper some things that the Commission may not know. Mayor Pigatt asked if his understanding was correct that the new evaluation tool will stand for the prior period and Mr. Pate will be evaluated on the things he is told he's going to be evaluated on, over the past year of his time as City Manager. City Attorney Norris -Weeks noted that City Manager Pate was shaking his head and she said that she would want to make sure that he is on board. Attorney Norris -Weeks explained that while the Regular Commission Meeting Minutes — May 12, 2021 20 item proposed by Vice Mayor Williams is extending the time period for Mr. Pate's extension, she pointed out that the Commission should have had some clarity about what they were going to evaluate the Manager on. She said that outside of whatever may be in the Manager's contract, the Commission needs to have some clear standards. Suggesting that Monday's Commission Workshop with the Manager would provide an opportunity for the discussion about what the evaluation tool will look like, Attorney Norris -Weeks said that she would hate to state her thoughts and then have it become a subject of litigation if the Manager is not on board. Mayor Pigatt asked if the Commission develops a new evaluation tool, whether a legal case could be brought by City Manager Pate stating that the tool is null and void. City Attorney Norris -Weeks suggested the Commission have some buy -in from the Manager on what they're evaluating him on, so that everybody is on the same page including on the evaluation period extension. Attorney Norris -Weeks said that the Commission meeting under the item proposed by Vice Mayor Williams, is probably not the appropriate place to provide more clarity. She suggested that because City Manager Pate is bringing the item forward and mutually agreed to it, he could be asked what he perceives and if he sees something different than what had been stated. Mayor Pigatt asked for City Manager Pate to address the concern that was raised about the tool that will be used to evaluate him. City Manager Pate reported that in his discussion with Vice Mayor Williams, he stated that any change in evaluation tool has to be made through a mutual discussion. Mr. Pate said that this is also the case for union employees. He acknowledged that for transparency, he agreed, for his evaluation period to be moved to include May 1st of last year through July 29th of this year, in the hopes that the tool will be changed and mutually agreed upon. Asserting that he wants to be evaluated fairly, he said that it would be a problem if it turns into something that is not advantageous. Mr. Pate expressed that he feels that it sounds like Mayor Pigatt is saying what he is going to be evaluated on and that he has no choice. City Attorney Norris -Weeks clarified that the way City Manager Pate characterized the conversation is not what is being said, pointing out that Mayor Pigatt is just one person and one vote on the Commission, and that she is just trying to look out for any problems in the future. Mayor Pigatt stated that he has a right as an elected official to provide his thoughts and views, as his truth and perspective to be shared with his colleagues. The Mayor acknowledged that his concerns about the new evaluation tool and the evaluation period had been addressed. He stated that he looks forward to the conversation so that the Commission can do its due diligence to evaluate City Manager Pate and his performance on behalf of the people of the City of Opa-locka. Regular Commission Meeting Minutes — May 12, 2021 21 There being no further discussion, the resolution passed by a 3-1 vote. Commissioner Taylor Yes Vice Mayor Williams Yes Commissioner Burke Not Present Commissioner Davis Yes Mayor Pigatt No 13. ADMINISTRATION: CONSENT AGENDA: 2. A RESOLUTION OF THE CITY COMMISSION OF CITY OF OPA-LOCKA, FLORIDA, APPROVING THE RECOMMENDATION OF THE HISTORIC ENVIRONMENTAL PRESERVATION BOARD TO ISSUE A CERTIFICATE OF APPROPRIATENESS FOR THE STRUCTURE AT 432 OPA-LOCKA BOULEVARD TO ALLOW FOR THE REPLACEMENT OF WINDOWS AND DOORS ON SAID REGISTERED HISTORIC PROPERTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICT AND REPEALER; RESCINDING ALL RESOLUTIONS IN CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager Vote taken on Consent Agenda items can be viewed under Agenda Item 6 — Approval of the Consent Agenda. 14. NEW ITEMS: 15. PLANNING & ZONING: A. PUBLIC HEARINGS: B. APPEALS: 16. ORDINANCES/RESOLUTIONS/PUBLIC HEARINGS: A. FIRST READING ORDINANCE(S)/PUBLIC HEARING(S): B. SECOND READING ORDINANCE(S)/PUBLIC HEARING(S): C. RESOLUTION(S): 17. CITY MANAGER'S REPORT: Mayor Pigatt asked for the City Manager to deliver a report to the Commission. Regular Commission Meeting Minutes — May 12, 2021 22 City Manager Pate reported that Opa-locka had an outstanding legislative session during which both the City's State Representative and State Senator were able to obtain funding for the first phase of the new Police Department, senior programs and parks programs. Mr. Pate also thanked Congresswoman Frederica Wilson for working on behalf of the citizens of Opa-locka to obtain funding for the City's shot spotter program. He recognized these as achievements that would not have been possible without the support of the elected officials and those who represent Opa-locka outside of the City, and stated that he looks forward to those funds being used in an expeditious manner to move the City forward in a positive way. The Manager also reported that he has been in discussions with outside contractors, looking at performing assessments of various departments in the City. He said that he would not name the departments that would be assessed, but explained that considerations are being made to evaluate every department within the City for their efficiencies and inefficiencies, to ensure that each department director has the tools to do the best job they can. The Manager said that in his mind, assessments are not used to penalize employees, but to ensure that they have what they need to do better. He stated that he hoped to have a presentation at the next Commission meeting, from an outside entity to talk about the potential of outsourcing the Building & Licensing Department as well as the Code Enforcement Department, prior to it coming before the Commission for a vote. He said that he always wants to be fair, equitable and even-handed by not targeting individuals but by instead looking at systematic issues and putting plans in place to fix them. The Manager also reported that he was notified two days ago that Opa-locka will be losing its full-time COVID-19 vaccination and testing sites, as the Hard Rock Stadium and other state -run sites are being diminished into a more mobile vaccination posture because of the drop-off in vaccinations and a desire to reach underserved areas. He added that he has been assured that Opa-locka will be serviced by a mobile vaccination site at least three to four days a week based on the preliminary schedule that was put out yesterday, which he hopes can be expanded. Also because the state of Florida is moving into a post COVID-19 posture, all City Commission Meetings and Workshops will be held in the Commission Chambers in a public setting, per the governor's order. With a realistic transition in the next two months, the Manager said that the options for serving residents on a daily basis are being looked at, ensuring that staff and residents are both still safe from COVID-19. The Manager thanked everybody for their ongoing support, stating that he is truly in a position to know that the City has made great strides because of the relationships he's built both in and outside of the City, in addition to the meetings he has with individuals and the feedback he gets about the progress being made. He apologized to residents who had to experience what occurred over the last month, as they had to be at the Commission meeting to experience his potential separation and other actions upon him. Mr. Pate acknowledged that he has plenty of room as a man and an individual to do better, and said that he is always open to criticism. Recognizing that it is fine if some may agree to disagree with his methodology, he assured the Commission that every action he takes is in his heart, in the best interest for the residents and stakeholders of the City. Regardless of what occurred, he said that he respects every single person on the dais and desires to move forward. The City Manager pointed out that if anything was to happen to him, it would affect the City's residents and stakeholders, Regular Commission Meeting Minutes — May 12, 2021 23 and he asserted that he doesn't want to see that occur. Mr. Pate gave the residents, staff and stakeholders of Opa-locka his word that he will do what he can as an individual, to be the best man and employee he can be. He also reported that the parks will be fully open on June 1st, with forthcoming programming, including summer camp and the best and safest possible services for the youth. Mayor Pigatt asked City Manager Pate to provide a written update on the City's hurricane preparedness plan, the substation in Glorieta Gardens and the bus benches. City Manager Pate confirmed that he will provide full detailed updates in writing to the Commission within one week. Vice Mayor Williams recalled that City Manager Pate had mentioned that staff was on a staggered rotation of employment, with one day on and one day off, and asked if that was still happening. City Manager Pate reported that he is still evaluating the staffing plan and stated that he will be putting out an update on staffing prior to June 1st. Vice Mayor Williams stated that it is her hope and wish that the City's staff, including the Manager's office, get fully back into the building unless otherwise stated by Tallahassee. The Vice Mayor said she will allow the other members of the Commission to speak, but suggested that the remote working probably needs to cease. Mayor Pigatt echoed Vice Mayor Williams' sentiments. Commissioner Taylor also echoed Vice Mayor Williams' sentiments. 18. OFFICIAL BOARD REPORTS: There were none. 19. FUTURE AGENDA ITEMS: There were none. 20. MAYOR/COMMISSION REPORTS: Commissioner Davis acknowledged that Vice Mayor Williams has taken the lead on illegal dumping to ensure that the community is no longer an eyesore in the South Florida region. The Commissioner reported that over the past week, he has had opportunities to meet with Miami - Dade County Commission Vice Chairman Oliver Gilbert in regards to the regular maintenance of the City's waterways. He explained that they discussed putting something sustainable in place to ensure that the City is not just using contingencies and one-off opportunities to keep the waterways beautiful. Stating that the meeting was very productive, the Commissioner thanked Public Works Regular Commission Meeting Minutes — May 12, 2021 24 Director Airia Austin, the sister city manager, Assistant City Manager George Ellis and City Manager Pate for attending. The Commissioner reminded his colleagues that the City currently has a five-year memorandum of understanding (MOU) with Miami -Dade County in regards to the maintenance of the waterways, which is set to expire in three years. Because the regular maintenance of the waterways is not specifically included in the agreement, the Commissioner said that it was recommended that the City either try to work within the existing agreement that's in place or sponsor legislation as a Commission to amend the agreement, which would ultimately have to be approved by the Miami -Dade County Board of County Commissioners. Explaining that the item that will eventually come before the Commission, is currently in its infant stages, he said that as he works to make progress on the issue, he would like to share the efforts with the Vice Mayor. Because the Vice Mayor has proffered items to incentivize residents to get involved and mitigate some of the trash concerns, he hopes that she would like to partner on a public outreach or education component in consideration of the fact that the trash and pollution that ends up in waterways, many times originates on land. While acknowledging that it is very important that residents are incentivized to do the right thing, the Commissioner stated that it is equally important to educate and provide a level of accountability because nobody is going to wave a magic wand and clean the community. The Commissioner said he sees this as a first step and looks forward to collaborating on the efforts with the Vice Mayor. He also proudly informed the Commission that Police Lieutenant Sergio Perez has been getting the Police Explorer Program off the ground and thanked the Lieutenant. The Commissioner said he has been advocating for the reopening of the program to make sure that the City has meaningful youth mentorship opportunities, and that he and his colleagues look forward to working with Lieutenant Perez to get the youth engaged. Commissioner Taylor pointed out that this week is Police Appreciation Week and declared that the Commission salutes and honors the City's law enforcement officers for a job well done, thanking them for everything they have done for Opa-locka. The Commissioner also reminded everyone that his BINGO and Chill event will be this Friday at 6 PM, encouraging those who are not busy to come out and have fun. The best news he shared was that Opa-locka will turn 95 years old on Friday, having been established on May 14, 1926 and the Commissioner said that the milestone will be celebrated at the BINGO and Chill event, encouraging everyone to turn up for Opa-locka. Vice Mayor Williams gave a shout out to the Opa-locka Police Department, including her own resource officer at her building who she said is amazing. The Vice Mayor said she can go on and on about how the Police Department of the great city of Opa-locka has been there for her in more ways than can ever be imagined. She thanked the police from the bottom of her heart for being her rock and support system, saying that they know what she is talking about. The Vice Mayor also reported that the Women of Many Hats Dinner last Thursday was a success, with the women enjoying themselves. Sharing that the event honored those who she called the unsung heroes of Opa-locka, she said it included the women who have owned homes in the City for over thirty years and who come and go to Church and are not brought out, despite their love for the community. Regular Commission Meeting Minutes — May 12, 2021 25 She thanked the members of the Commission who came to the event, including Commissioner Davis, Taylor and Burke. The Vice Mayor also thanked the City Manager's Office including Ms. Shamecca Lawson, Human Resource Department Director Kierra Ward, Parks & Recreation Department Director Delven Patterson, as well as Public Relations Consultant Jessica Modkins for all their assistance. Stating that she would be remiss if she did not thank Congresswoman Frederica Wilson, she acknowledged that she provided some in -kind donations for the event, and noted that she is definitely a woman of many hats. The Vice Mayor also shared that tomorrow night she will have a Miami -Dade County Fire Rescue informational meeting at Sherbondy Park Village, and she thanked the Circle of Brothers who did some canvassing, going door-to-door and printing flyers for her when she couldn't because she was working. Expressing that she hopes the meeting will be successful, the Vice Mayor explained that the number one goal is to get people into the workforce and get jobs. The Vice Mayor concluded by reading a statement which she explained had been written the previous week and that she wanted to make sure it is on the record. Beginning her statement, she said that when she decided to run for office, there were no other reasons on her mind other than doing her part to bring a positive change to the residents of Opa-locka and she believes that is why all of her colleagues ran for office as well. Her statement went on to say that anyone who knows her, knows that her goal is to highlight the great work the Commission does through all of the employees. She expressed that she never thought she would have to stand witness to what has been transpiring between the leaders, and that within a few months on the dais, she would be in a position to have to fire and possibly hire a new City Manager. Asserting her opinion that the City Manager has been doing a good job, she shared that she was not prepared to fire him. The Vice Mayor did however set the record straight, declaring that she has not been pleased with how City Manager Pate has treated, spoken to and behaved towards Mayor Pigatt and characterized the behavior as unacceptable. Because of the professional relationship she says she has built with Mr. Pate, she shared that she feels she has been able to share her frustrations, impart wisdom and helped him see leadership through a different lens. The Vice Mayor noted that Mr. Pate has apologized to the Mayor, the Commission and the residents. She concluded her statement, sharing her motto which says that you cannot see the picture while you're painting, and expressed that it is her hope that healing can begin and that they can get back to moving the great City of Opa-locka forward. Mayor Pigatt also echoed the gratitude for the work done by his colleagues, including the City Manager's office and the State Representatives and other elected officials who are friends in Tallahassee, who secured over $1.3 million in appropriations funding for the City from the state, for the first time in many years. The Mayor recognized that there is a lot of work involved from many people on the dais and stated that the main goal was to focus on the police because of the challenges to police in the area, providing the opportunity to build a Police Department and also have recreational programs for residents. He reported that everyone was in alignment in making sure that it happened, including Congresswoman Frederica Wilson who secured the shot spotter program funding. Pointing out that these are the things that the Commission has been advocating for, the Mayor said that he is thankful for being blessed to have those elected representatives for Regular Commission Meeting Minutes — May 12, 2021 26 the City. He reported that there will be a ceremony at the next Commission meeting, coordinated by the office of State Senator Shevrin Jones, to which State Representative James Bush and Congresswoman Frederica Wilson will be invited, in order to recognize the work of all the legislators, and during which there will be a check presented to the City that he is looking forward to. The Mayor also took a moment to acknowledge that he has been very passionate about the challenges that the City has been experiencing, and which he has also been personally experiencing in his role as Mayor. He expressed that it is a very hard job, working full-time, having a wife and three kids and also being Mayor. Pointing out that as Mayor, he is only one of five, he reminded everyone that there is nothing any of the members of the Commission can do individually and that it is all about them coming together as a team. He also shared that he has had a lot of frustrations over the past year and a half trying to do his job and advocating to make sure that the people that elected him and the other members of the Commission, get a return on what they expect when they pay their tax dollars. While stating that he believes people want to make it into a personal thing, the Mayor explained that as elected officials on the dais, all of the thoughts, desires, ideas and questions that they receive from citizens, have to be directed to the City Manager's office. The Mayor asserted that without a very professional relationship, very little can get done, presenting a very serious challenge over the years. He stated that he and Mr. Pate have had many conversations, and that this is not the first time the Manager has apologized, and that to him, he has crossed the line. Expressing his hope that these things are addressed and do not continue, as the Commission goes through City Manager Pate's evaluation. The Mayor stressed that the Commission has to do a job for the people, and that the professional drama and challenges are not necessary. Acknowledging that he may be forceful and focused on making sure that residents are respected and that they get what they need out of the government, he asserted that the Commission has a job to do and they expect everyone in the City to do their job because people who don't present a missed opportunity for the community. Lamenting that the community has been neglected for far too long, he offered assurances that he is not going to sit and watch those things happen without bringing them to light, and as changes are made over the next few weeks and months he committed to continue bringing them to light so that the services the residents are getting from City employees, are very clear. The Mayor stated that the people want realistic change including clean streets and drivable roads, which he characterized as the basics. He said that every day that those aren't happening, it's something that doesn't feel good. Along with the other residents and homeowners, the Mayor said they want a better City and they want it now. The Mayor also congratulated the new development, Mirage at Sailboat Cove with over one hundred units on lakefront property that is affordable housing and is open and available after the ribbon cutting. He encouraged everyone to take the time to spread the word about the amazing rental units so that new people can have an amazing waterfront property in the City of Opa-locka. The Mayor urged the community to move forward, and the Commission to do what it has to do to do the people's business. 21. OFFICIAL BOARD APPOINTMENTS: Regular Commission Meeting Minutes — May 12, 2021 27 There were none. 22. ADJOURNMENT: There being no further business to come before the City Commission, it was moved by Commissioner Taylor, seconded by Commissioner Davis to adjourn the meeting at 9:10 p.m. Matthew A. Pigatt Mayor Attest: {JAJWV Jo . na Flores, CMC Ci Clerk Regular Commission Meeting Minutes — May 12, 2021 28