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HomeMy Public PortalAbout06-June 30, 2017 Special Commission Meeting CITY OF OPA-LOCKA "The Great City" CLERK'S ACTION SUMMARY MINUTES SPECIAL COMMISSION MEETING Friday,June 30,2017 2.00 P.M. Sherbondy Village Auditorium 215 Perviz Avenue Opa-locka, FL 33054 1. CALL TO ORDER: Mayor Myra L. Taylor called the meeting to order at 2:00 p.m. on Friday, June 30, 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, Commissioner John B. Riley and Commissioner Matthew A. Pigatt. Also in attendance were: City Manager Yvette Harrell, City Attorney Vincent T. Brown, and City Clerk Joanna Flores. 3. INVOCATION: The invocation was delivered by Mayor Myra L. Taylor. 4. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was recited in unison. 5. INTERVIEWS FOR CITY MANAGER: City Attorney Brown said that the manager has not tendered a resignation and that needs to be clarified before moving forward with the interviews. City Manager Harrell said that in light of the circumstances, her resignation will be effective September 30, 2017 which will be ninety (90) days from today. This will give the commission the opportunity to select an effective city manager and avoid appointing an interim. Vice Mayor Kelley said that he said it the other day and he is saying it now, "Something does not smell right". The manager expressed her desire to resign and now it is being extended ninety (90) days. The intent is to hire a permanent manager to move the City forward. This extension will mean that the new manager will come in on a new fiscal year with a new budget; it is not good policy or good practice. If the commission wants the manager to stay then give her a five (5) year contract, vote it up or down and be done with it. This back and forth with determining resignation, hiring a manager, appointing an interim, etc., is not a good look. Commissioner Holmes said he does not know if everyone has made up their minds about a Special Commission Meeting Minutes—6/30/2017 1 manager or not, but he wants to do the right thing by the City. If the manager is willing to stay through the process, then the commission needs to do what needs to be done. Commissioner Pigatt said that he agrees with Vice Mayor Kelley in terms of how this looks. The process does not look right and the commission owes it to the residents to have clarity. He welcomes the opportunity to extend the process with the current city manager to allow the City to be clear on the timeframe and rules and regulations. Advertising it for one week in the newspaper and thirty days on a website is not enough. He proposed to extend the time for advertising the position of city manager. Mayor Taylor said that it has been said that the process for hiring the manager was not fair. She asked the attorney if the process was followed according to the code. City Attorney Brown said that as far as he knows the process was done fairly; that is why he asked the commission to vote on all of the actions that were taken at the last meeting so they can be clear on what they were doing. Everything was done as a collective body as it relates to the position of city manager. Vice Mayor Kelley said that he is unclear about the manager's resignation and does not want to waste two hours interviewing if the commission is not going to select a manager. He asked for clarity from the attorney. City Attorney Brown said that the manager announcing her resignation today does not hinder the commission from appointing a manager today. The commission then went on to conduct interviews for the following five (5) applicants who were selected from the original fourteen (14) applicants who had applied. 1) John Bauer 2:05 p.m. 2) Ed Brown 2:25 p.m. 3) Newall Daughtrey 2:45 p.m. 4) Hector Rivera 3:05 p.m. 5) Milton Vickers 3:25 p.m. 6. CITIZENS' INPUT: Agenda Items Only Hector Castellanos, Lejeune Commercial Center, said that he thinks that the manager is doing a good job and he does not understand why people are giving her a hard time. Natasha Ervin, 670 Dunad Avenue, said that she understands the inspector general's concerns and in the City, sometimes doing the right thing can hurt you. She asked the commission to clear their minds and their hearts and make the best decision on behalf of the City. Robert Turritto, Universal Waste Services, said that the attorney should be fired today because he is not doing a good job. 7. RESOLUTIONS: Special Commission Meeting Minutes—6/30/2017 2 a) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, WAIVING THE LEVEL TWO BACKGROUND CHECK FOR CITY MANAGER CANDIDATES; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by Commissioner Pigatt The above resolution was read by Attorney Brown. The item was withdrawn by the sponsor. Commissioner Riley made a motion to move the items on this agenda to a special meeting to be held on Monday; it was seconded by Vice Mayor Kelley for discussion. Commissioner Pigatt asked that the meeting be held after 6:00 p.m. Commissioner Riley said that he can accommodate. Vice Mayor Kelley asked for clarity. Commissioner Pigatt asked that the commission wait until the state has approved the separation agreement before moving forward. Mayor Taylor said that the state has never approved anything in a timely manner. City Manager Harrell said that she spoke to the state and they said that they will provide a response by next week. She said that the only reason she extended her resignation is to allow the City to hire another manager and have a smooth transition. The motion was withdrawn. b) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, HIRING AN INTERIM CITY MANAGER, FROM THE FIVE (5) CANDIDATES SELECTED FOR INTERVIEWS, THAT WILL BECOME CITY MANAGER UPON PASSING A LEVEL TWO BACKGROUND CHECK; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by Vice Mayor Kelley The above resolution was read by Attorney Brown. It was moved by Vice Mayor Kelley, seconded by Commissioner Riley for discussion. Commissioner Riley asked how the selection was going to be made. City Attorney Brown said that the dais has to nominate someone and call for a vote. Vice Mayor Kelley made a motion to nominate Newall Daughtrey. The motion died for the lack of a second. Special Commission Meeting Minutes—6/30/2017 3 Commissioner Riley made a motion to nominate Ed Brown; it was seconded by Mayor Taylor for discussion. Commissioner Pigatt asked if the commission votes and it passes if none of the other selections will be considered. Vice Mayor Kelley said that if the vote is taken and it passes then that is how the manager will be chosen. Commissioner Pigatt said it makes no sense that the manager is being picked using this process and it does not allow the consideration of everyone. There being no further discussion, the motion on Ed Brown failed by a 3-2 vote. Commissioner Holmes No Vice Mayor Kelley No Commissioner Pigatt No Commissioner Riley Yes Mayor Taylor Yes Commissioner Holmes made a motion to nominate Milton Vickers; it was seconded by Commissioner Pigatt to pass the motion. There being no discussion, the motion on Milton Vickers failed by a 3-2 vote. Commissioner Holmes Yes Vice Mayor Kelley No Commissioner Pigatt Yes Commissioner Riley No Mayor Taylor No Vice Mayor Kelley made a motion to nominate John Bauer. The motion died for lack of a second. c) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO APPOINT A CITY MANAGER; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Commission There was no action taken on this item. d) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO NEGOTIATE AND PRESENT THE COMMISSION WITH A CONTRACT FOR THE NEW CITY MANAGER; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Commission There was no action taken on this item. Special Commission Meeting Minutes—6/30/2017 4 e) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, REJECTING ALL APPLICATIONS FOR THE CITY MANAGER'S POSITION; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by Commissioner Pigatt The above resolution was read by Attorney Brown. It was moved by Commissioner Holmes, seconded by Commissioner Pigatt for discussion. Vice Mayor Kelley asked if the item meant that the process has to start over. City Attorney Brown said, "Yes". Vice Mayor Kelley said that he is not starting over with the process and will change his vote for Mr. Vickers. City Attorney Brown said that would require a motion for reconsideration for item 7(b). Commissioner Pigatt asked that the commission move forward with the agenda as it is. Vice Mayor Kelley agreed with Commissioner Pigatt. There being no further discussion, the motion on the resolution failed by a 3-2 vote. Commissioner Pigatt Yes Commissioner Riley No Commissioner Holmes Yes Vice Mayor Kelley No Mayor Taylor No f) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, APPOINTING AN INTERIM CITY MANAGER, ESTABLISHING A TERM OF APPOINTMENT AND SETTING COMPENSATION; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by Commissioner Pigatt The above resolution was read by Attorney Brown. It was moved by Vice Mayor Kelley, seconded by Commissioner Pigatt for discussion. Commissioner Holmes left the meeting at 6:00 p.m. Vice Mayor Kelley made a motion to nominate Milton Vickers as interim city manager. Commissioner Pigatt agreed with the vice mayor and set the appointment with a date of July 1, 2017. Vice Mayor Kelley said that there needs to be a clause for at least a level one background check. Commissioner Pigatt asked how long it takes to receive the results from a level one background Special Commission Meeting Minutes—6/30/2017 5 check. City Manager Harrell said around forty eight (48) hours. There being no further discussion, the motion on the resolution failed by a 2-2 vote. Commissioner Pigatt Yes Commissioner Riley No Commissioner Holmes Not Present Vice Mayor Kelley Yes Mayor Taylor No g) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, DELETING YVETTE HARRELL AS SIGNATORY AND ADDING (INTERIM CITY MANAGER) AND CHARMAINE PARCHMENT (FINANCE DIRECTOR) AS SIGNATORIES FOR ALL CITY FINANCIAL INSTITUTION ACCOUNTS; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by Commissioner Pigatt There was no action taken on this item. h) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, DIRECTING THE CITY CLERK TO ADVERTISE THE POSITION OF CITY MANAGER, AT A COST NOT TO EXCEED $5,000.00 AND WITH A , 2017 DEADLINE FOR APPLICATIONS, AND RESOLVING TO ADHERE TO THE CODE OF THE CITY OF OPA-LOCKA AND ITS PROCEDURE FOR THE HIRING OF A NEW CITY MANAGER; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by Commissioner Pigatt There was no action taken on this item. Commissioner Pigatt proposed to adjourn the meeting until a time certain. City Attorney Brown asked the commission if they were going to adjourned or recessed. Vice Mayor Kelley proposed to recess the meeting until July 6, 2017 at 6:00 p.m. so that they did not have to start over again. Commissioner Riley seconded the proposal to recess the meeting. Mayor Taylor asked the clerk to poll the commission for a date and time to hold the recessed meeting. Commissioner Pigatt proposed to defer his item so that it can be brought up at a later date. Vice Mayor Kelley said that if the meeting recessed, then any item on the agenda can come back for discussion and a vote when the meeting has reconvened. Special Commission Meeting Minutes—6/30/2017 6 There being no further discussion, the motion to recess passed by a 4-0 vote. Commissioner Pigatt Yes Commissioner Riley Yes Commissioner Holmes Not Present Vice Mayor Kelley Yes Mayor Taylor Yes 8. RECESS: There being no further business to come before the Commission, it was moved by Vice Mayor Kelley, seconded by Commissioner Riley to recess the meeting at 6:41 p.m. MA /OR ATTEST: CITY CLERK Special Commission Meeting Minutes—6/30/2017 7