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HomeMy Public PortalAbout08-August 02, 2016 Special Commission Meeting CITY OF OPA-LOCKA "The Great City" CLERK'S ACTION SUMMARY MINUTES SPECIAL COMMISSION MEETING TUESDAY,August 2,2016 1:00 P.M. Sherbondv Village Community Center 215 Perviz Avenue Opa-locka,FL 33054 1. CALL TO ORDER: Mayor Myra L. Taylor called the meeting to order at 1:00p.m. on Tuesday, August 2, 2016 in the Auditorium at Sherbondy Village, 215 President Barack Obama (Perviz) Avenue, Opa-locka, Florida. 2. ROLL CALL: The following members of the City Commission were present: Mayor Myra L. Taylor, Vice Mayor Timothy Holmes, Commissioner Joseph L. Kelley, Commissioner John B. Riley and Commissioner Luis B. Santiago. Also in attendance were: Acting City Manager Yvette Harrell, City Attorney Vincent T. Brown, and City Clerk Joanna Flores. 3. INVOCATION: The Invocation was delivered by Commissioner Joseph L. Kelley. 4. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was recited in unison. 5. CITIZENS' INPUT: Agenda Items Only Former Commissioner Rose Tydus, 1101 Dunad Avenue, said that she is concerned about the third item on the agenda. She said that Frank Rollason mentioned at the last board meeting that no one in the administration is qualified to get the City out of its financial crisis. She asked them what the urgency to appoint a manager at this time. Acting City Manager Yvette Harrell is not experienced as a city manager and does not turn in requested information on time and sometimes does not know what to do. A national search should have been conducted to find a manager for the City. Eric Redmon, Villa Francine, said that he is in favor of Ms. Harrell and that she is a perfect fit in that position. He said that she has the degrees and credentials to do the job. Alvin Burke, 1240 Jann Avenue, said that he thought that the commission was serious about putting the City back on track. He said that a nationwide search needs to be done. Ms. Harrell was appointed by Mr. Chiverton and while she may have degrees and Special Commission Meeting Minutes—08/02/2016 1 credentials as a lawyer, but she does not have the credentials to be a manager. He too asked what the urgency was to appoint a manager at this time. The City is being run into the ground and needs someone with experience to do the job of a manager. Now is not the time for OJT (On the Job Training). He said that he hopes that if it passes tonight that the state will say no. There being no further persons to speak, Mayor Taylor closed the floor for citizens input. 6. RESOLUTION: a) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO USE FUNDS IN THE WATER AND SEWER REVENUE RESERVE AND OPERATING ACCOUNTS TO PAY SALARIES, SALARY RELATED EXPENSES AND OTHER NECESSARY OPERATING EXPENSES; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager The above resolution was read by title by Attorney Brown. It was moved by Commissioner Santiago, second by Commissioner Riley for discussion. Commissioner Kelley said that he is concerned about what some of the funds requested means. It sounds general as though it leaves the door open for anything to be paid out of the funds. He asked the manager to explain OTHER NECESSARY OPERATING EXPENSES. Acting City Manager Harrell said that the lights, internet and the telephone bill are necessary operating expenses to keep the City going and would fall under this request. Commissioner Kelley said that he understands utility expenses, but the state has mentioned that some of the expenses that the City deems necessary is now no longer necessary and she should keep that in mind when expending the funds. City Attorney Brown said that the City is authorized through ordinance to use the funds. Commissioner Kelley said that the resolution should reflect a repayment plan document of the funds to be presented within thirty (30) days. City Attorney Brown said that the ordinance does not require repayment but if the commission is proposing to do this then the resolution can be amended. Commissioner Riley said that it makes no sense to including that language in the resolution since the City will not have the money to repay the money within thirty (30) days. Commissioner Kelley said that the plan is not to pay it back in thirty (30) days, but to provide information on when it will be paid back. Special Commission Meeting Minutes—08/02/2016 2 Commissioner Santiago said that is the same thing the board questioned at the last meeting and Commissioner Kelley is just asking for the information to be presented. Commissioner Riley said that all of the information should be put into the same packet so that information is not duplicated unnecessarily. Commissioner Kelley said that when funds are requested, there should be a simultaneous document to accompany it that explains the repayment plan. The resolution was amended as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO USE FUNDS IN THE WATER AND SEWER REVENUE RESERVE AND OPERATING ACCOUNTS TO PAY SALARIES, SALARY RELATED EXPENSES AND OTHER NECESSARY OPERATING EXPENSES; AND SIMULTANESOULSY PROVIDE A REPAYMENT PLAN WITHIN THIRTY (30) DAYS; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager It was moved by Commissioner Kelley, seconded by Vice Mayor Holmes to pass the resolution. There being no further discussion, the motion on the amendment passed by a 5-0 vote. Commissioner Riley Yes Commissioner Kelley Yes Commissioner Santiago Yes Vice Mayor Holmes Yes Mayor Taylor Yes There being no discussion, the motion on the resolution passed by a 5-0 vote. Commissioner Kelley Yes Commissioner Santiago Yes Vice Mayor Holmes Yes Commissioner Riley Yes Mayor Taylor Yes b) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO USE FUNDS IN THE CITY'S GENERAL FUND RESERVE ACCOUNT TO PAY SALARIES SALARY RELATED EXPENSES AND OTHER NECESSARY OPERATING EXPENSES; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager The above resolution was read by title by Attorney Brown. Special Commission Meeting Minutes-08/02/2016 3 It was moved by Commissioner Santiago, seconded by Commissioner Riley for discussion. Commissioner Kelley proposed to amend the agenda to include the same language as the previous item. The resolution was amended as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO USE FUNDS IN THE CITY'S GENERAL FUND RESERVE ACCOUNT TO PAY SALARIES SALARY RELATED EXPENSES AND OTHER NECESSARY OPERATING EXPENSES; AND SIMULTANESOULSY PROVIDE A REPAYMENT PLAN WITHIN THIRTY (30) DAYS; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager The above resolution was read by title by Attorney Brown. It was moved by Commissioner Santiago, seconded by Vice Mayor Holmes for discussion. There being no further discussion, the motion on the amendment passed by a 5-0 vote. Vice Mayor Holmes Yes Commissioner Kelley Yes Commissioner Riley Yes Commissioner Santiago Yes Mayor Taylor Yes There being no discussion, the motion on the resolution passed by a 5-0 vote. Commissioner Santiago Yes Vice Mayor Holmes Yes Commissioner Kelley Yes Commissioner Riley Yes Mayor Taylor Yes c) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, APPOINTING YVETTE HARRELL AS CITY MANAGER FOR THE CITY OF OPA-LOCKA; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by Mayor Taylor The above resolution was read by title by Attorney Brown. It was moved by Commissioner Santiago, seconded by Commissioner Riley for discussion. Special Commission Meeting Minutes—08/02/2016 4 Commissioner Riley said that the board has asked for continuity through this process and since Acting City Manager Harrell is doing the work he will support the resolution. Commissioner Santiago said that the acting manager is already doing the work and only the title is being changed tonight. He said that he is concerned because the City has financial issues and the budget may be impacted if the acting manager has to come under a contract. Commissioner Kelley said he has said this before and he will say it again, the manager may be professional in her capacity, but she lacks the skills to be the city manager. The City needs with experience in government as a manager. He said everything should be fair. He does not support the resolution. He said he agrees that there is no urgency to do this at this time. If the manager is not going anywhere then why do this now. The community did not get an opportunity to get the information and now it is being voted on in the middle of the day like it is a secret. Commissioner Santiago said that the item should be deferred so that everything can be done in order. He proposed that it be brought back in September. Vice Mayor Holmes said that while the acting manager does not have the skills of a city manager she can learn. The president had never been president before, but he is doing the job. He said that he supports the resolution. Mayor Taylor asked the city attorney if the item was posted properly. City Attorney Brown said that twenty four (24) hours notice has to be given when posting special meetings. It was done in accordance with the law. Commissioner Kelley said that the item does not pass the smell test. It may be legal, but it was not done proper. He said that he has never seen where an item is posted on an already posted agenda. It is improper. Mayor Taylor said that the appointment of the manager is not an urgency, but transitional. One manager has resigned and another one needs to be appointed. She asked the city attorney what the fiscal impact was. City Attorney Brown said that there is no change in salary so there is no fiscal impact. Commissioner Santiago proposed to amend the resolution to appoint the acting manager as interim manager until the end of the fiscal year. The resolution was amended as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, APPOINTING YVETTE HARRELL AS INTERIM CITY MANAGER FOR THE CITY OF OPA-LOCKA UNTIL SEPTEMBER 30, 2016; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by Mayor Taylor Special Commission Meeting Minutes-08/02/2016 5 It was moved by Commissioner Santiago. The motion died for lack of a second. There being no further discussion, the motion on the resolution passed by a 3-2 vote. Commissioner Kelley No Commissioner Riley Yes Commissioner Santiago No Vice Mayor Holmes Yes Mayor Taylor Yes 7. ADJOURNMENT: There being no further business to come before the Commission, it was moved by Commissioner Kelley, seconded by Commissioner Riley to adjourn the meeting at 2:00p.m. AP,„( Ye'R ATTEST: al CITY CLERK Special Commission Meeting Minutes—08/02/2016 6