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HomeMy Public PortalAbout06-June 28, 2017 Regular Commission Meeting Minutes CITY OF OPA-LOCKA "The Great City" CLERK'S ACTION SUMMARY MINUTES REGULAR COMMISSION MEETING WEDNESDAY,June 28, 2017 7:00 P.M. Sherbondv Village Auditorium 215 Perviz Avenue Opa-locka,FL 33054 1. CALL TO ORDER: Mayor Myra Taylor called the meeting to order at 7:00 p.m. on Wednesday, June 28, 2017 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 Joseph L. Kelley, Commissioner Timothy Holmes, and Commissioner Matthew Pigatt. Also in attendance were: City Manager Yvette Harrell, City Attorney Vincent T. Brown, and City Clerk Joanna Flores. Commissioner John Riley was not in attendance. 3. INVOCATION: The invocation was delivered by Vice Mayor Joseph L. Kelley. 4. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was recited in unison. 5. AWARDS/PROCLAMATIONS/ACKNOWLEDGEMENTS: The City Commission presented proclamations to Larry Gardner, District I, Commissioner Barbara Jordan, and City Manager Yvette Harrell for the work they do on behalf of the City. Professionals Sharing With a Purpose (PSWAP) thanked Commissioner Holmes, Commissioner Pigatt, Parks and Recreation Director Charles Brown, and City Attorney Brown for their contributions to the swimming program. 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: deferred 13-11, pulled 13-1, 13-5, 13-6, 13-7, 13-10 and 13-12 (Vice Mayor Kelley); pulled 7. APPROVAL OF AGENDA: Regular Commission Meeting Minutes—6/28/2017 1 It was moved by Commissioner Holmes, seconded by Vice Mayor Kelley to approve the agenda, consent agenda and pull list. There being no discussion, the motion passed by a 4-0 vote. Commissioner Riley Not Present Commissioner Holmes Yes Vice Mayor Kelley Yes Commissioner Pigatt Yes Mayor Taylor Yes 8. APPROVAL OF MINUTES: Regular Commission Meeting Minutes—November 09, 2017 It was moved by Commissioner Holmes, seconded by Vice Mayor Kelley to approve the minutes of the Regular Commission Meeting Minutes November 09, 2017. There being no discussion, the motion passed by a 5-0 vote. Commissioner Riley Not Present Commissioner Holmes Yes Vice Mayor Kelley Yes Commissioner Pigatt Yes Mayor Taylor Yes Special Commission Meeting Minutes—November 17, 2017 It was moved by Commissioner Holmes, seconded by Vice Mayor Kelley to approve the minutes of the Special Commission Meeting Minutes November 17, 2017. There being no discussion, the motion passed by a 5-0 vote. Commissioner Riley Not Present Commissioner Holmes Yes Vice Mayor Kelley Yes Commissioner Pigatt Yes Mayor Taylor Yes 9. DISTRICT ONE/DISTRICT TWO - COUNTY COMMISSIONER REPORT Larry Gardner, Commissioner Barbara Jordan's Office, District I, had an update on the Amazon development that Vice Mayor Kelley inquired about and the job openings will be forwarded to the clerk's office. Vice Mayor Kelley thanked Mr. Gardner and let him know that he has met with a contact person from the foundation. Regular Commission Meeting Minutes—6/28/2017 2 Commissioner Holmes thanked Mr. Gardner again for the work he is doing on behalf of the City and then asked what the status was on the eighty 980) year old woman that had reached out to this office for assistance. Mr. Gardner said that the lady had contacted his office, but he does not know where her issue stands at this time; he will find out and let him know. 10. PUBLIC PRESENTATION: 11. CITIZENS' INPUT: Eric Redmon, Villa Francine, said that he has been staying away from the meetings and has written multiple grievances. He wants to know what the agreement is regarding the settlement on item 13-8. The majority of the lawsuits now come from the city attorney, he is the problem. Everyone knows that the attorney received a lucrative contract through the late former Commissioner Terence Pinder and kickbacks were involved. The city attorney is running the city from the City Manager's Office and it is not right. As long as he is the city attorney there will be more lawsuits; it is time for a new attorney. Calvin Sweeting and Marie Cooper came before the commission and said that Ms. Cooper had closed her business in March and was told that she would receive her deposit; to date she has not received anything. She is also displeased with what the billing department is saying the amount is. The deposit was two hundred fifty dollars ($250.00) and the City is refunding her one hundred twenty two dollars ($122.00). Mayor Taylor instructed the manager to have someone from her staff meet the former business owners. Natasha Ervin, 670 Dunad Avenue, said that everyone is aware that on Friday a city manager will be selected. She has sat in the interviews for the last city manager and she watch candidates come in and be interviewed and then they left. The one candidate that did not leave ended up getting the job. The residents thought that this was planned. She hopes that on Friday when the city manager is chosen, it is not someone who has been preselected and fired in ninety (90) days and leaves with resources that the City does not have. If she sees this happening, she is going to ask for everyone to be charged for misfeasance and malfeasance because at some point everyone has to do what is right. What went on with Steve Shiver was not right. 12. ACTION ITEMS: 1 (13-3). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A SECOND LEASE AMENDMENT WITH ARTS ACADEMY OF EXCELLENCE, INC., IN A FORM THAT IS ACCEPTABLE TO THE CITY ATTORNEY, ALLOWING TENANT TO EXTEND THE LEASE FOR THREE ADDITIONAL TERMS OF ONE (1) YEAR EACH WITH A 3% MONTHLY RENT INCREASE FOR EACH RENEWED TERM; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager The above resolution was read by Attorney Brown. Regular Commission Meeting Minutes—6/28/2017 3 It was moved by Vice Mayor Kelley, seconded by Commissioner Holmes for discussion. Vice Mayor Kelley said that he is trying to understand why the lease needs to be extended for three (3) years not knowing what the market will be doing. City Manager Harrell said that because it is a charter school the school board needs to see that there is longevity and the City will benefit by the renewal increase every year. It will be beneficial regardless of what the market will reflect. Vice Mayor Kelley said the he is still concerned. Commissioner Pigatt asked what the price per square feet was compared to the market rate. City Manager Harrell said that current price is actually higher than the market and the 3% increase per year will outpace the market. Vice Mayor Kelley said that he does not want to set precedence that there is a fixed fee when the City can earn more revenue if things should change in the future. Commissioner Pigatt asked the manager how the price per square foot compares to the current market. City Manager Harrell said that the price per square foot exceeds what the market rate is currently and will increase yearly. The tenant will be paying more because of the 3% increase. Commissioner Pigatt said that he believes it is good for the City and guaranteed revenue for the City for the next five (5) years. There being no further discussion, the motion on the resolution passed by a 3-1 vote. Commissioner Riley Not Present Commissioner Holmes Yes Vice Mayor Kelley No Commissioner Pigatt Yes Mayor Taylor Yes 2 (13-5). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE FINANCE DIRECTOR AND THE CHIEF OF POLICE TO SEEK FUNDING FOR BODY CAMERAS FROM THE JUSTICE ASSISTANCE GRANTS PROGRAM (JAG) UNDER APPLICATION # 2015-H2506-FL- DJ, FOR POLICE OFFICERS; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager The above resolution was read by Attorney Brown. It was moved by Vice Mayor Kelley, seconded by Commissioner Pigatt for discussion. Regular Commission Meeting Minutes—6/28/2017 4 Vice Mayor Kelley asked why the Finance Director and the Chief of Police is seeking funding when it should be the Grants Writer. City Manager Harrell said that there is currently no Grants Writer. All of the grants in the City are under noncompliance and she did not want to put someone in position to deal with those grants. There is no one being paid as Grants Writer. The Finance Department is researching and addressing the grants and making an effort to come into compliance with all of them before appointing someone into that position. The chief has to be involved because he will be in charge of the funding for his department. The Finance Director also has to monitor the funding. Mayor Taylor asked if the funding had to be matched. City Manager Harrell said, "No." There being no further discussion, the motion on the resolution passed by a 4-0 vote. Vice Mayor Kelley Yes Commissioner Pigatt Yes Commissioner Riley Not Present Commissioner Holmes Yes Mayor Taylor Yes 3 (13-6). 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 401 OPA-LOCKA BOULEVARD, OPA-LOCKA, FLORIDA, IN THE AMOUNT OF $7,890.68; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager The above resolution was read by Attorney Brown. It was moved by Commissioner Holmes, seconded by Vice Mayor Kelley for discussion. Vice Mayor Kelley asked the city manager if the recommended amount will cause an issue in the future. City Manager Harrell said that there will be no issue, the amount was increased by 75% and it was just a recommendation and not an order. Vice Mayor Kelley asked the attorney if this was the norm. City Attorney Brown said that there is a process. The magistrate has to mitigate his end determines if there was a violation and make the final recommendation for the commission to approve/deny the amount of the settlement. There being no further discussion, the motion on the resolution passed by a 4-0 vote. Commissioner Holmes Yes Vice Mayor Kelley Yes Regular Commission Meeting Minutes—6/28/2017 5 Commissioner Pigatt Yes Commissioner Riley Not Present Mayor Taylor Yes 4 (13-7). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO WRITE A LETTER OF SUPPORT FOR OPA-LOCKA COMMUNITY DEVELOPMENT CORPORATION'S ("OLCDC") APPLICATION TO THE ECONOMIC DEVELOPMENT ADMINISTRATION'S ("EDA") REGIONAL INNOVATION STRATEGIES PROGRAM; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager The above resolution was read by Attorney Brown. It was moved by Vice Mayor Kelley, seconded by Commissioner Pigatt for discussion. Vice Mayor Kelley said that he is not clear on what the letter is about and why it is needed. Commissioner Pigatt said that he is confused as to why this item had to come before the commission and why couldn't the manager write this support letter on her own. City Manager Harrell said that it was brought before the commission to avoid situations that have raised concern from the commission in the past. Commissioner Pigatt asked the dais why is this a policy when the City should be taking advantage of every opportunity that benefits the City. Mayor Taylor told Commissioner Pigatt that it is not a bad policy and the commission should know what the manager is signing before sending anything out because they dais is responsible also, not just the manager. She told the commissioner if he does not agree with the policy then he can bring back legislation to change it. Commissioner Pigatt said that is what he will do. There being no further discussion, the motion on the resolution passed by a 3-1 vote. Commissioner Holmes Yes Vice Mayor Kelley No Commissioner Pigatt Yes Commissioner Riley Not Present Mayor Taylor Yes 5 (13-10). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, GRANTING THE CITY MANAGER AND THE CITY ATTORNEY THE AUTHORITY TO ESTABLISH A CITY OF OPA-LOCKA NON-PROFIT ENTITY AND APPLY FOR FEDERAL TAX EXEMPT STATUS FOR THAT ENTITY; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by Mayor Taylor Regular Commission Meeting Minutes—6/28/2017 6 The above resolution was read by Attorney Brown. It was moved by Commissioner Holmes, seconded by Vice Mayor Kelley for discussion. Vice Mayor Kelley asked for clarity from the sponsor on the intent of the resolution. Mayor Taylor said that it gives other organizations an opportunity to come into the City and offer different services. Having a 501(c)(3) makes this possible. Vice Mayor Kelley asked who will be monitoring this since the staff is already short and no one is available. He said that now is not the time for this. City Manager Harrell said that becoming a non-profit organization makes it easier for people to reach out and provide funding because they know they will be able to receive a tax write off. This resolution is simply to establish the City as an entity. Vice Mayor Kelley said that more information will be needed before he can support this item. Commissioner Pigatt said that he agrees with the concerns from the vice mayor. He asked that the item be deferred and brought back once additional information has been outlined. Mayor Taylor deferred the item until the next meeting. 6 (13-12). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, REQUESTING THAT THE STATE OF FLORIDA ALLOCATE MONEY TO COMPLETE RENOVATIONS ON HISTORIC CITY HALL LOCATED AT 777 SHARAZAD BOULEVARD IN OPA-LOCKA; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by Commissioner Holmes The above resolution was read by Attorney Brown. It was moved by Vice Mayor Kelley, seconded by Commissioner Holmes for discussion. Vice Mayor Kelley asked the city manager if any of the amounts that will be paid are reimbursable. City Manager Harrell said that the remaining amount that it will take to complete the renovations will come out of the City's coffers. All of the funding sources have been expended because the project has gone over budget by several hundred thousand dollars and there are no reimbursable funds at this time. Vice Mayor Kelley said that it was recommended awhile back that the state allow the City to recoup some of the monies that were spent. City Manager Harrell said that there is no reimbursable dollars. The City asked the state if it could use the one point two million dollars ($1,200,000.00) from the reserves to complete the renovations and have yet to receive a response. They are hesitant to give a response not knowing what is in the accounts. Regular Commission Meeting Minutes—6/28/2017 7 Commissioner Holmes said that there is money in the accounts and so much money has already been put in to the building and if something is not done soon, the rain will come and what has been done will go down the drain. Utilize the money that is in the bank. He asked the manager if the mold problem has been corrected at Segal Park. City Manager Harrell said, "No." Mayor Taylor agreed with Commissioner Holmes and said that hurricane season is here and the structure needs to be secure. Commissioner Pigatt asked the manager if the City reached out to the state and asked to borrow money. City Manager Harrell said, "No." The City asked to use its own money to complete the renovations and have yet to receive an answer on the funds being used. Commissioner Pigatt said that the state needs to know that we need to secure the building immediately. He asked if the resolution can be amended to include that the commission feels strongly that it needs to complete the city hall and would like to allocate funds for that. Mayor Taylor asked the manager if the City has ever applied for funds for the city hall building based on its historic history. City Manager Harrell said that she is not aware of the City applying for any funding based on that, but she will find out and let them know. Vice Mayor Kelley said that he has said this earlier when asked where the money will come from. He agrees that the resolution needs to be amended to reflect that the City will be using its own money to save the building. Commissioner Holmes asked that the resolution reflect that the city commission sponsored the item and not just him. Commissioner Pigatt said that at a minimum the building needs to be secured even if the total project is not complete. Vice Mayor Kelley said that the sponsor wanted the project complete. He suggested that the resolution include options for negotiating i.e. option 1) approve full amount, option 2) approve partial amount, etc... City Attorney Brown said that normally you would ask for what you want and then move from there. Vice Mayor Kelley said that the City has to start somewhere and it needs to be in the resolution that is before them. City Manager Harrell said that she was just informed that the money from the reserves that was previously suggested to use is not available for that. However there is another account that the funds could come from. She also said that Miami-Dade County will request their money back if Regular Commission Meeting Minutes—6/28/2017 8 the project is not complete. The amount that may have to be paid back to the county is somewhere around two million dollars ($2,000,000.00) and the project needs around seven hundred thousand dollars ($700,000.00) to complete. City Attorney Brown said that the resolution should including that information informing the state that the City will have to pay back even more money as opposed to completing the project in the time that is being allowed. Section 2 of the therefore clause should include that the city commission of the City of Opa-locka, Florida hereby requests the State of Florida to approve an allocation of money from City funds to complete the repair to the roof and secure historic city hall located at 777 Sharazad Boulevard An amendment was also made to the resolution as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, HEREBY REQUESTS THE STATE OF FLORIDA TO APPROVE AN ALLOCATION OF MONEY TO FROM CITY FUNDS TO COMPLETE THE REPAIR TO THE ROOF AND SECURE HISTORIC CITY HALL LOCATED AT 777 SHARAZAD BOULEVARD IN OPA-LOCKA; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Commission It was moved by Vice Mayor Kelley, seconded by Commissioner Holmes and Commissioner Pigatt to pass the resolution. There being no further discussion, the motion on the amendment passed by a 4-0 vote. Commissioner Holmes Yes Vice Mayor Kelley Yes Commissioner Pigatt Yes Commissioner Riley Not Present Mayor Taylor Yes There being no further discussion, the motion on the resolution passed by a 4-0 vote. Commissioner Holmes Yes Vice Mayor Kelley Yes Commissioner Pigatt Yes Commissioner Riley Not Present Mayor Taylor Yes 7 (13-13). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, REQUESTING THAT THE STATE OF FLORIDA ALLOCATE MONEY TO REPAIR NORTHWEST 38TH AVENUE LOCATED IN OPA-LOCKA, FLORIDA; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by Commissioner Holmes The above resolutions were read by Attorney Brown. It was moved by Vice Mayor Kelley, seconded by Commissioner Holmes for discussion. Regular Commission Meeting Minutes—6/28/2017 9 Vice Mayor Kelley said that there are a lot of bad streets and if this item is passes as is then it will allow for everyone on every street to request that their street be fixed. He asked the manager if a conversation was had regarding the City getting funding for this or a loan being given. City Manager Harrell said that a request was made to the City, but the response was that it was not budgeted for. She said that there needs to be a more detailed conversation with the State. Commissioner Pigatt asked the sponsor if the item can be deferred until more communication takes place between the State and the City, and the manager can get more information ono the funding. Commissioner Holmes said that you have million dollar businesses in that area and the City will lose the businesses if the roads are not repaired. Commissioner Holmes deferred the item. 13. CONSENT AGENDA: 1 (13-1). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO PIGGYBACK ON THE CITY OF ORLANDO'S SERVICE AGREEMENT WITH ARAMARK UNIFORM SERVICES AND ENTER INTO AN AGREEMENT FOR UNIFORMS, IN A FORM THAT IS ACCEPTABLE TO THE CITY ATTORNEY IN AN AMOUNT NOT TO EXCEED $9,733.88; 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 PIGGYBACK ON THE STATE OF FLORIDA'S CONTRACT WITH DELL COMPUTERS AND EENTER INTO AN AGREEMENT FOR TWENTY-FIVE LAPTOPS WITH ACCESSORIES FOR POLICE VEHICLES, IN A FORM THAT IS ACCEPTABLE TO THE CITY ATTORNEY, IN AN AMOUNT NOT TO EXCEED $74,000.00; 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 AND THE CITY POLICE CHIEF TO ENTER INTO A MUTUAL AID AGREEMENT (MAA) AND A JOINT DECLARATION PURSUANT TO THE MUTUAL AID AGREEMENT WITH THE CITY OF NORTH MIAMI, FLORIDA, IN SUBSTANTIALLY THE FORM ATTACHED HERETO, FOR LAW ENFORCEMENT SERVICES AND RESOURCES EFFECTIVE THROUGH AND INCLUDING DECEMBER 31, 2021; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager Regular Commission Meeting Minutes—6/28/2017 10 4 (13-8). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, APPROVING THE SETTLEMENT OF THE LITIGATION STYLED UNIVERSAL WASTE SERVICES OF FLORIDA AND JOSEPH SPIEZIO, III VS. CITY OF OPA-LOCKA, CASE NO. 2017-004131CA-01, IN THE ELEVENTH JUDICIAL CIRCUIT COURT AND AUTHORIZING THE CITY MANAGER AND THE CITY ATTORNEY TO EXECUTE THE SETTLEMENT AGREEMENT AND MUTUAL RELEASE OF CLAIMS AND ANY ADDITIONAL DOCUMENTS PERTAINING TO THE SETTLEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND TO TAKE ALL ACTIONS NECESSARY TO IMPLEMENT THE TERMS AND CONDITIONS OF THE SETTLEMENT; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Attorney 5 (13-9). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE BROWN LAW GROUP, LLC, TO REPRESENT THE CITY OF OPA-LOCKA IN LEVY HOLDINGS, LLC VS. CITY OF OPA-LOCKA, CASE NO. 2017-014247-CA-01; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Attorney The above resolutions were read by Attorney Brown. It was moved by Vice Mayor Kelley, seconded by Commissioner Holmes to pass the resolutions. The motion on the resolutions passed by a 4-0 vote. Commissioner Pigatt Yes Commissioner Riley Not Present Commissioner Holmes Yes Vice Mayor Kelley Yes Mayor Taylor Yes 15. PLANNING & ZONING: A. HEARINGS: 1. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO CONSIDER THE REQUEST OF ALL FLORIDA LAND CLEANING, INC'S REQUEST FOR SITE PLAN APPROVAL TO COMPLETE THE DEVELOPMENT OF THEIR PROPERTY AT 3805 NW 132ND STREET, OPA-LOCKA, FL 33054 IDENTIFIED BY FOLIO 08-2129-010-0090, LOT SIZE: 204,733 SQUARE FEET (4.7 AC) PURSUANT TO ORDINANCE 15-31; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager The above resolution was read by Attorney Brown. Mayor Taylor opened the floor for a public hearing. There being no persons to speak on the public hearing and the floor was closed. Regular Commission Meeting Minutes—6/28/2017 11 It was moved by Commissioner Pigatt, seconded by Vice Mayor Kelley for discussion. Vice Mayor Kelley said that he is not sure what got lost in the process and asked if someone from staff can relay the information. Planning & Community Development Director Gregory Gay said that this is an application that expands on the previous application that was submitted by All Florida Land Cleaning. The current use for the site is the maintenance and storage of their trucks. They will now be using the second portion of their site and this is what the application is for. Commissioner Pigatt asked if this is on the parking lot side of their property. Mr. Gay said, "Yes." Vice Mayor Kelley asked about the job opportunities for Opa-locka residents since the company is expanding. Has the company signed on with CareerSource? Mr. Gay said that the company had promised job opportunities. He is unsure if they have signed up through CareerSource because not all companies go through CareerSource; some of them hire directly. Vice Mayor Kelley asked if anyone was keeping track of these actions. He asked the attorney if the companies can provide some kind of ninety (90) day report that shows that they are interviewing or hiring residents from the community. City Attorney Brown said that he will get with H.R. and Community Development to see if they can come up with something. There being no further discussion, the motion on the resolution passed by a 4-0 vote. Commissioner Holmes Yes Vice Mayor Kelley Yes Commissioner Pigatt Yes Commissioner Riley Not Present Mayor Taylor Yes B. APPEALS: 16. ORDINANCES/RESOLUTIONS/PUBLIC HEARING: A. FIRST READING ORDINANCE(S): B. SECOND READING ORDINANCE(S)/PUBLIC HEARING: C. RESOLUTIONS: 17. CITY MANAGER'S REPORT: City Manager Harrell said that this may be her last report as city manager, but she will stay on assist the new city manager with what is needed moving forward. Patty Nelson, the board liaison Regular Commission Meeting Minutes—6/28/2017 12 just sent an e-mail stating that the loans are not frozen, but there is a hesitation that the City will not be able to pay its vendors while waiting on the reimbursements. They are asking that the City includes the repayment of the loan in the budget amendment so the projects can start again. The state recently approved the MOU with the county. They have conditionally approved the Climerge Accounting Firm, but want certain things put in place in terms of the contract. They have sent letters regarding the waste haulers and the selection process for the city manager and neither of those two (2) letters was sent directly to her. There have been reports in the media that the City is worse off than it was a year ago and that is not true; the City is actively working hard to move forward and head toward financial stability and there is money in the bank. On Friday there will be a selection for a new city manager and she is suggesting that they work together with the new manager to get the City to where it needs to be. She thanked each of the city commission for their support and guidance during her tenure and also thanked the residents for allowing her to serve. Mayor Taylor asked the manager if she wanted to stay on until the level two background checks came back. There was a glitch with that process and it will take more time than anticipated to get back the results. Vice Mayor Kelley said that he is confused as to why the events have taken this sudden turn. Even though the separation agreement has not been approved by the state, the commission can still hire an interim and then there would be no need for the manager to stay on. He is surprised that this conversation is going on. Mayor Taylor said that July 1, 2017 is days away and then the City will not have a manager. She thinks the manager should stay on until a manager is selected. City Attorney Brown told the dais that he understands the vice mayor's concerns and it can go either way. The commission can either select an interim now or ask the manager if she can stay on until after the manager is selected and the level two background check has come back. Commissioner Pigatt said that he will sponsor an item to appoint an interim city manager and then extend the scope to find a candidate that is qualified to do the job. Vice Mayor Kelley said that something does not smell right with what is going on right now. Everyone received the e-mail concerning the level one and level two and it was opened up to everyone who wanted to apply. Time is critical and someone needs to step into the seat to select a manager. The process needs to move forward or extend the current manager's time. Commissioner Pigatt asked if a resolution can be made to extend the process. City Attorney Brown said that if it is the will of the commission they can reject all applications and have the city clerk re-advertise it to anyone who would like to apply. Commissioner Pigatt asked if the interviews can go on and then the decision be made on Friday. City Attorney Brown said that this can be done on Friday. Vice Mayor Kelley said that he does not want the candidates to have a false sense of possibility of employment if the applications will be rejected anyway. He asked that the interviews move forward and a candidate is chosen; all five commissioners should be present. Regular Commission Meeting Minutes—6/28/2017 13 City Attorney Brown said that a waiver should be created for the level 2 background check since it will not be back by Friday. The city commission agreed. City Attorney Brown asked what will happen if the current manager decides to stay. He said that he hears three (3) things; 1) interview and make a selection, 2) reject all applicants and re- advertise; 3) Appoint an interim city manager to carry out the functions of the City. The signatories on the bank accounts will need to change. He does not have any clear direction and would like for the commission to have a unified voice. Mayor Taylor said that someone needs to be picked on Friday because they have already gone through the process. The only issue is that whoever is picked will be pending a level two background check. Commissioner Pigatt said that he would like to sponsor the resolutions. City Attorney Brown said that if the manager chooses to stay until the process is complete there will be no need for the signatory resolution or an interim city manager. Commissioner Pigatt said that he would like for all related information to be placed on Friday's agenda so that everyone can have the opportunity to have a conversation. Mayor Taylor told the attorney that he has explained everything. City Attorney Brown said that he just wants to make it clear to the commission that if the manager chooses to stay then there will be no need to appoint an interim. Commissioner Pigatt said with what the attorney has said, the decisions can be made on Friday. Mayor Taylor agreed and asked Commissioner Pigatt if his discussion can be moved since the workshop was moved from tonight's meeting. Commissioner Pigatt said, "Yes." 18. OFFICIAL BOARD REPORTS: No reports at this time. 19. MAYOR/COMMISSION REPORT: 20. OFFICIAL BOARD APPOINTMENTS: 21. ADJOURNMENT: There being no further business to come before the Commission, it was moved by Vice Mayor Kelley, seconded by Commissioner Pigatt to adjourn the meeting at 9:44 p.m. Regular Commission Meeting Minutes—6/28/2017 14 MAYOR ATTEST: CITY CLERK Regular Commission Meeting Minutes—6/28/2017 15