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HomeMy Public PortalAbout04-April 11, 2018 Regular Commission Meeting Minutes CITY OF OPA-LOCKA "The Great City" CLERK'S ACTION SUMMARY MINUTES REGULAR COMMISSION MEETING Wednesday, April 11, 2018 7:00 P.M. Sherbondy Village Auditorium 215 President Barack Obama (Perviz) Avenue Opa-locka, FL 33054 1. CALL TO ORDER: Mayor Myra L. Taylor called the meeting to order at 7:00 p.m. on Wednesday, April 11, 2018 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: Commissioner Timothy Holmes, Vice Mayor Joseph L. Kelley, Commissioner John Riley and Mayor Myra L. Taylor. Also in attendance were: City Manager Ed Brown, City Attorney Vincent T. Brown and City Clerk Joanna Flores. Commissioner Matthew A. Pigatt arrived at 7:01 p.m. 3. INVOCATION: The invocation was delivered by Commissioner John Riley. 4. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was recited in unison. 5. AWARDS/PROCLAMATIONS/ACKNOWLEDGMENTS: Special Presentation - Foster Parent Recognition The Mayor and City Commission presented commendations to the foster parents in the Opa- locka area for their contributions to keeping our community's children in foster care safe and providing loving nurturing homes. Flora Beal, Community Relations Manager, Our Kids of Miami-Dade/Monroe County, announced that a foster care orientation will be held on April 19, 2018 at 6:00 p.m. at Sherbondy Village Auditorium. Vice Mayor Kelley invited the community to Feeding South Florida food distribution which is held on the third (3`d) Friday of every month at Segal Park. He continued to announce that he Regular Commission Meeting Minutes—04/11/2018 1 will be hosting the National Day of Prayer Luncheon on May 3, 2018 at 11:30a.m. at the Helen L. Miller Center and further information would be forthcoming. Mayor Taylor announced that on behalf of the City of Opa-locka Parks & Recreation Department the Opa-locka Community Garage Sale will be held on Saturday, April 21, 2018 from 9:00 a.m. — 4:00 p.m. at Sherbondy Village. All proceeds will go to promote children's recreational and educational activities. 6. APPROVAL OF CONSENT AGENDA AND PULL LIST (deferrals and deletions): City Manager Brown deferred agenda items 13-1, 13-2 and 13-4 until the next regular commission meeting. The following agenda items were pulled from the Consent Agenda to be discussed separately under agenda item 12 — Action Items: 13-7, 13-8, 13-9, and 13-10 (Commissioner Riley); and 13-3 13-6 (Commissioner Pigatt). Clerk Flores advised the Commission of a request to amend the agenda as follows: 14-1: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO PIGGYBACK ON A FEDERAL GENERAL SERVICES ADMINISTRATION CONTRACT WITH CORE ENGINEERED SOLUTIONS, INC. AND ENTER INTO A CONTRACT FOR UPGRADES TO THE CITY OF OPA-LOCKA'S DEPARTMENT OF PUBLIC WORKS FUEL PUMP MANAGEMENT SYSTEM IN AN AMOUNT NOT TO EXCEED THREE HUNDRED FIFTY-ONE THOUSAND FIVE HUNDRED FIFTY-ONE DOLLARS AND FIFTY-FIVE CENTS ($351,551.55), IN A FORM THAT IS ACCEPTABLE TO THE CITY ATTORNEY; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager It was moved by Commissioner Riley, seconded by Mayor Taylor to amend the agenda to include the above resolution under agenda item 14-1 (New Items). Attorney Brown stated that the above resolution falls under public safety as well as fiscal impact/financial emergency. There being no discussion, the motion to amend the agenda failed by a 3-2 vote. Commissioner Pigatt No Commissioner Riley Yes Commissioner Holmes No Vice Mayor Kelley No Mayor Taylor Yes 7. APPROVAL OF AGENDA: Regular Commission Meeting Minutes—04/11/2018 2 It was moved by Commissioner Riley, seconded by Vice Mayor Kelley to approve the agenda, consent agenda and pull list. There being no discussion, the motion passed by a 5-0 vote. Commissioner Riley Yes Commissioner Holmes Yes Vice Mayor Kelley Yes Commissioner Pigatt Yes Mayor Taylor Yes As it relates to the add-on item, Commissioner Riley stated that the city vehicles will not be able to get gas. Vice Mayor Kelley said he didn't want to get into that discussion because to him it should have never gotten to this point. This should be addressed by management temporarily but just because something is delayed and people bring it at the last minute, they can't expect the Commission to rubber stamp something especially with the cost associated with this item. Since this was not a voting item, the Vice Mayor requested that the Commission move on to the next agenda item. 8. APPROVAL OF MINUTES: Regular Commission Meeting Minutes—February 15,2018 It was moved by Commissioner Riley, seconded by Vice Mayor Kelley to approve the minutes of the Regular Commission Meeting on February 15, 2018. There being no discussion, the motion passed by a 5-0 vote. Commissioner Holmes Yes Vice Mayor Kelley Yes Commissioner Pigatt Yes Commissioner Riley Yes Mayor Taylor Yes 9. DISTRICT ONE/DISTRICT TWO - COUNTY COMMISSIONER REPORT: Larry Gardner, Commissioner Barbara Jordan's Office, District 1, announced the summer youth internship program through Commissioner Jordan's Office and the information is available on the website or the District 1 Office. Vice Mayor Kelley inquired as to whether Miami-Dade County Commission allocated any separate dollars for a general summer job initiative as previously done in the past. Regular Commission Meeting Minutes—04/11/2018 3 Mr. Gardner said he was not aware of any discussion, however, he will double check and let Vice Mayor Kelley know. Cedric Brazle, Commissioner Jean Monestime's Office, District 2, stated that District 2 will be having upcoming events and he would be providing the information as they come up. Vice Mayor Kelley asked for an update on drainage and improvement of Ingram Terrace that those residents have come before the Commission on several occasions to express their concerns. Mr. Brazle said he would look into this matter and provide an update at the next meeting. Mayor Taylor asked that Mr. Brazle give her regards to Commissioner Monestime and she looks forward to him having some of his functions in Opa-locka (District 2) area. 10. PUBLIC PRESENTATIONS: 11. CITIZENS' FORUM: (Opportunity for discussion of any concerns—please limit to 3 minutes) Dorothy Johnson of 13724 NW 22nd Place, Opa-locka, Florida, came forward and stated although the item was deferred, she reminded the Commission that a declaration of emergency was declared September 6, 2017 however, Hurricane Irma occurred on September 10, 2017. She asked how the city could declare an emergency prior to the event occurring. She stated that in 2008, her family donated a plant for the community educational garden adjacent to Nathan B. Young and if you drive by today that entire area looks horrible. She continued by expressing her concerns relating to the pot holes near Burger King and the sewer continuously overrunning. Raven Liberty, Esq. came forward and informed the Commission of the substantial conflict pursuant to Florida Statutes 112.3135 (a copy of which was provided to the Commission) with a commissioner and that commissioner's daughter which is an appointed official of the police department. She requested that all of that commissioner's sponsored items on the agenda be stricken and that a resolution be put in place given notice to remove that commissioner from this Commission. Alvin Burke of 1240 Jann Avenue, Opa-locka, Florida, came forward and voiced his concerns relating to Klub 24. The City Commission voted at its last meeting to shut down Klub 24 and he doesn't understand why the police officers are still being assigned off-duty work at Klub 24. He requested that the city look into this issue. Eddie Dean of 2811 NW 135th Street, Opa-locka, Florida, came forward and spoke in opposition to the resolution on the agenda terminating the City Manager. George Suarez of 1341 Dunad Avenue, Opa-locka, Florida, appeared before the City Commission and requested that they follow the agenda. He said it is wrong when a strip club can open up but it's hard for a proper business to open up in this city. He commended the Regular Commission Meeting Minutes—04/11/2018 4 Commission for standing up and doing what is right for the community and not bully or be influenced by misleading statements. Amy Bermajo, business owner at Carnival Meals/Mi Cocina, 780 Fisherman Street, Suite 112B, Opa-locka, Florida, came forward and spoke in favor of the City Manager and asked how does the Commission allow other commissioners to break the law as previously stated which prohibits employee's family members to be employed/appointed by commissioners. Natasha Ervin of 670 Dunad Avenue, Opa-locka, Florida, came forward and requested that the Commission allow for the placement of temporary banners three weeks prior to an event and be taken down within 24 to 48 hours after the event is over. She continued to say that she had the privilege of speaking to some of the employees and recently the city has hired new employees, but some current employees have not received raises in over ten years. The city is hiring people making more money than these employees that we already have. She further stated that she's been hearing a lot about the city being sued and she doesn't worry about Klub 24 suing the city, but what she is worried about is that less than 1,000 feet away there is a growing sink hole and the city is not doing anything about that. Johnnie Greene of 2091 Wilmington Street, Opa-locka, Florida, came forward and said that she is appalled about the way some folks are disrespecting others and it must stop. She asked what the citizens of this city can do to make the Commission make the city better. Steve Obst of 4103 NW 132nd Street, Opa-locka, Florida, came forward and said that he is concerned by the Commission's tone and they must not be watching the same news channels or reading the same newspaper as he is because there's corruption. The city is fiscally irresponsible, the streets are messed up, sewer deteriorated, and the city has crime. The city can be great but there is a lot of work that needs to be done before they can get to that point. He went on to speak against the resolution to terminate the City Manager and was of the opinion that the City Manager should not be held responsible for Klub 24 when the license was issued prior to him being the City Manager. Commissioner Pigatt stated that there were a few concerns raised by the citizens and he wants to make sure those are addressed. Particularly, the concern about the Florida Statute that the Commission was provided with a copy of and Klub 24. Mayor Taylor said that Klub 24 did not come up, it was just mentioned in some statements. Attorney Brown stated that the Florida Statutes does not have any bearing on Commissioner Holmes' ability to participate in this meeting or to sponsor or co-sponsor the resolutions that are before the Commission. Even if Commissioner Holmes withdrew his sponsorship of the resolution, there is no direct evidence to support that there is a direct conflict with him participating in this meeting tonight. Regular Commission Meeting Minutes—04/11/2018 5 Commissioner Pigatt said he believes the Commission owes the citizens an answer as to why Klub 24 remains open after the Commission voted to shut it down and that there are actually police officers still there. Manager Brown reassured the Commission that the necessary steps are being taken. He's been in conference with the City Attorney and has drafted a letter following the procedures for the revocation of license for Klub 24 which is currently under review for legal sufficiency. Therefore, what he has been instructed to do is being done and it's going to be done properly based on the law. He reiterated that he was directed to take the necessary steps to shut down Klub 24 and that is what he is doing based on what is permissible by law. Commissioner Pigatt made a motion to stop the city's police officers from providing services to illegal operations in the city. Mayor Taylor asked, "Is this is still under advisement in terms of the necessary steps?" Attorney Brown stated that the steps have been provided to the City Manager as set forth in the legislation so the City Manager is following those steps. He said he had no other advice to give on the process and he is currently reviewing the City Manager's letter which he received today. The City Manager should have his comments on the letter either this evening or first thing in the morning. Mayor Taylor suggested that Commissioner Pigatt wait until those comments are rendered. Commissioner Pigatt requested to move forward with his motion at that time. Commissioner Riley called for a point of order. Mayor Taylor asked, "What is the point of order?" Commissioner Riley stated that the Commission cannot take action on any matter that does not first appear on the official agenda. The agenda has to be amended to put it on and then the item has to appear before the agenda; that's an action item. Commissioner Pigatt and Commissioner Holmes asked the City Attorney for his legal opinion on placing the motion on the floor. Attorney Brown advised that this Commission has allowed motions to come from the floor in the past. Although he respects the statements made by Commissioner Riley, this Commission has set precedence by taking motions from the floor without having reset the agenda or adding it to the agenda by vote. Commissioner Holmes seconded the motion made by Commissioner Pigatt to stop the city's police officers from providing services to illegal operations in the city. At the request of Mayor Taylor, Attorney Brown read the motion into the record as follows: Regular Commission Meeting Minutes—04/11/2018 6 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, DIRECTING THE CITY MANAGER TO PROHIBIT POLICE OFFICERS OF THE CITY OF OPA-LOCKA FROM WORKING AT ESTABLISHMENTS THAT ARE DEEMED ILLEGAL WITHIN THE CITY OF OPA-LOCKA; PROVIDING FOR INCORPORATIONS OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Kelley asked is the motion to add the item to the agenda or is the motion straight up and direct. Attorney Brown said the motion is straight up and direct. Commissioner Riley reiterated that the city's Code of Ordinances states which are the laws the Commission shall not take up with any item that does not first appear on the official agenda. The Commission is always talking about other people violating the law so we're going to set the example by violating our own code. There was not a motion to amend the agenda; this was a straight up motion. After reviewing Section 2-45 of the Code of Ordinances, Commissioner Pigatt suggested that they follow the law and amend the agenda to include his item. The motion to amend the agenda to include the above item failed by a 3-2 vote. Vice Mayor Kelley No Commissioner Pigatt Yes Commissioner Riley No Commissioner Holmes No Mayor Taylor Yes Mayor Taylor proposed to the commission to take the agenda out of order and consider the consent agenda item(s) first. There was no objection from anyone on the dais and consent agenda item 13-5 was voted on and passed by a 4-1 vote. 12. ACTION ITEMS (items from consent agenda pull list): Vice Mayor Kelley requested that the Commission take agenda items 16-7, 16-8, and 16-9 first. There were no objections from the City Commission. 1. (13-7) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TERMINATING CITY MANAGER ED BROWN; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by Commissioner Holmes and Commissioner Pigatt It was moved by Commissioner Pigatt, seconded by Commissioner Holmes to pass the above resolution. Commissioner Riley stated that the Financial Oversight Board has criticized the Commission on how many City Managers had gone through this city and rather than thinking of personal issues, Regular Commission Meeting Minutes—04/11/2018 7 the Commission should think in terms of what's best for the City of Opa-locka. He said he would like the city to move forward in a positive way and get what needs to be done so that they can get out of this situation the city is in with the state. Commissioner Holmes suggested that the Commission look at the city and tell him that they like what they see in the City of Opa-locka. When Mr. Brown sat down in the chair eight months ago, he knew the condition of this city and he knew what the city was going through and how they were trying to improve the city. Ed Brown accepted that responsibility when he sat in that chair eight months ago. As a resident and/or business person there are many existing problems that are not being addressed. He continued by going through a list of items that the City Manager has not addressed during his tenure. He also spoke about the disrespectful behavior by the City Manager towards some of his colleagues. Commissioner Pigatt said that he does not take this decision lightly in no way, shape or form. The City Manager is the CEO of this thirty six million dollar enterprise and is responsible for leading our city; executing the vision of this Commission and ensuring the employees work in an environment that they are proud of. Unfortunately, we have a City Manager that has violated quite a few of our laws. He proceeded to state into the record the laws the City Manager has violated; the half a million dollars in contracts that have not gone through a competitive bidding process; not following the Commission's directive in shutting down Klub 24; not keeping the Commission fully advised on important city issues; execution of contracts without Commission and/or FEB approval; budget amendment process; not adhering to the Commission's directives as adopted via resolution; and not providing the requested back-up documentation for the emergency expenditures from Hurricane Irma. He further stated that there are some very clear violations that should not happen and the Commission cannot continue to have a City Manager that violates so many of the city's laws. Vice Mayor Kelley stated that one of the great things about our democracy is freedom of speech and how we see things from our perspective. He said he is always careful when residents and business owners speak and the words they use and even their body language sometimes. He said he heard tonight about fiscal responsibility; he heard disrespectful; he heard hold accountable for actions; he heard various things as to pro and against from his colleagues. He continued by saying that he is out in the community every day and everybody knows his passion is for the community and those day to day issues. He said he casted his vote to initially support the current manager and he also has been very supportive to give an opportunity to do what he felt the City Manager could do having roots and background in this city. But as the time progressed and he dealt with day to day issues, he has been challenged that they have not been addressed. He clarified that his comments and how he looks at things are not based on one issue; it's not a club issue, it's not a one item issue but it's an issue when citizens continue to raise the same concerns and can't get answers or folks are not held accountable for their jobs. He further stated that the Commission has three people they supervise and everyone else falls under someone else primarily the City Manager. When he sees things that go contrary to what he believes is in the best interest, he has to not only speak out but take whatever action needed and Regular Commission Meeting Minutes—04/11/2018 8 what he's seen over the last several months and over the last month in particular was some of the decisions that have been made by the City Manager and staff questions his thinking of which way the city is headed. The city has done some fair things to get back on track obviously with the help of the Oversight Board, but when the city continues to spend, continues to hire, continues to bring people in at a rate higher than people who have been here, he has a challenge. There are employees that are terrified to speak because they feel like they're going to get retaliated against and he has a challenge with that. When citizens bring him concerns and issues and nothing is done, he has a problem with that. He said he brought various issues to this Commission and to the City Manager and in his opinion they have not been resolved in ample time. Vice Mayor Kelley went on to say that this is not personal; it is not a club issue so that needs to be taken off the table; but it is an issue of doing what he feels needs to be done on a day-to-day basis for the residents and the community as a whole. At the end of the day, everyone wants what's best for the city and in his opinion where they are headed is not the best at this moment. Mayor Taylor stated that after a while she started to think that this whole thing kind of made a point to rest on the business of B & G Holdings; that was the catalyst by which everything started moving. One of the things that were said from one of the residents is that we are holding on this one business but there are other things going on in this city. When we started, this city was in a financial mess regardless of who was blamed for fiscal weakness. It has been nine months since this particular manager has been here but we have all known, the Commission has said what he hasn't done but nobody has said what he has done. Over six million dollars has come into this city because of this manager. Just because we get money into this city doesn't mean the money goes to where you want to go because we have to straighten everything out. It's not straight yet, but we're there and that is why the state is still here. In talking about the trash piles, the city has over spent the money allocated to pick up the trash around the city and the city does not have that option anymore. She went on to say that the City Manager and his team do as much as they can and those things that the Commission used to call the City Manager for can no longer happen because the money that the City takes in is already earmarked. The City Manager's hands in many instances are tied and the one detriment in this city is that we have a change over a manager because someone didn't like him and this came to a head because of that business and she feels it is a personal matter that has now escalated to this what we going to do for the residents. She further stated that the City Commission wants to do everything, but the city does not have the revenue that it used to have to do many of those things. The state is looking for a five year recovery plan to say this is what the city is going to do for the next five years to keep solvent. The City Manager had a workshop to present a draft of a five year recovery plan and it was not well attended by her colleagues and she would think they would appear just to hear what the City Manager presented. Mayor Taylor said that the city has reduced the debt service and the City Manager has brought in money, but there are some things he can't do because he doesn't have the revenue to do it. In terms of the resolution that was passed reference flub 24, it told the manager to do whatever is necessary and the City Manager is doing what is necessary for closure. She said that Opa-locka is under state oversight and they don't have the money at this point to everything. She asked for clarification from the City Manager in terms of the new hires. Regular Commission Meeting Minutes—04/11/2018 9 Manager Brown stated that the city had to do the utility billing and the seven million dollars that was mentioned had to be collected from somewhere. The city only had one person in Utility Billing trying to run an eight million dollar enterprise so even though Miami-Dade County is at the table and we have we have been given certain authority, the city still has to have collection even while they are here and after they are gone because that's the city's revenue. Mayor Taylor stated that things don't happen overnight and the city is trying to clean up from years back. She mentioned that one of the State's concerns was the number of city managers the city has had and now the city is going to fall back into that again because the City Manager doesn't shut down Klub 24. She said that Klub 24 is the least of the city's problems and the Commission has to give the City Manager a chance because he's only been there for 9 months. Commissioner Holmes called for a point of order. Mayor Taylor asked Commissioner Holmes to state his point of order. Commissioner Holmes stated that the resolution he brought forth was for disrespect and has nothing to do with the club. Mayor Taylor advised Commissioner Holmes that he had already talked and she has given everybody an opportunity to speak and now when the chair wants to speak all of a sudden he's going to call a point of order. This is a major item and she is asking her colleagues to give this man an opportunity to finish what he has started. The State recognizes him; the State is working with him; the County is working with him; so why isn't the Commission working with him? She said that the City Manager has a list of his accomplishments which came from the auditors and consultants. If the city changes managers, whoever comes in has to start all over again which draws the city back. She suggested that the Commission support the City Manager. She further made referenced to a letter from the Chief Inspector General and asked the City Manager had he been meeting with B & G Holdings because the Chief Inspector General is under the impression that he has to come into compliance. Manager Brown said that under advisement from the City Attorney and following what was prescribed in the city's code, when you want to shut a business down there has to be charges, there has to be a formula, and there has to be a written procedure. As city manager for this city, the only thing he wants to do is protect the city and make sure that when they do something that it is done properly. Outside of that if there was something else he could do, it would have been done, but that's what is stated in the city's code and he is following the code. Vice Mayor Kelley stated that he doesn't like when things are taken half context because they all can state how they feel and let it fall where it falls. The Mayor mentioned the club, but his vote on what he does is not based on opening or closing the club. The Mayor mentioned in her statement that the State talked about meeting with the representative from the club and that it was a good idea which is fine, but in that same email the state also said that regardless of the status, the city has the right and responsibility to enforce federal, state, and local laws within its Regular Commission Meeting Minutes—04/11/2018 10 jurisdiction especially when it is necessary to protect the health, safety and welfare of its citizens. While the state did say one part, if you're going to read it, read it all and not just a part of it. Mayor Taylor stated that Vice Mayor Kelley is correct, but that same email also reads "it is necessary to protect the health, safety and welfare of its citizens". Then the question becomes, "Is this particular business impeding on the health, safety and welfare of the citizens?" Vice Mayor Kelley said he is not debating the club issues, he is only telling the Mayor that if she is going to read the email then read the whole thing. Mayor Taylor said she is not debating the club issue but the club issue is at the center of this resolution. Commissioner Riley stated that as far as the law goes with the ordinances, Chapter 13 talks about how the process is supposed to be done and that's what the City Manager indicated he is doing. You must give everyone due process of law because the Constitution guarantees its. The city's code says that there is to be notice, a public hearing, and etc; to do less than that would violate the law. There being no further discussion, the motion on the resolution passed by a 3-2 vote. Commissioner Riley No Commissioner Holmes Yes Vice Mayor Kelley Yes Commissioner Pigatt Yes Mayor Taylor No Attorney Brown stated for the record that the vote has been taken and recognized; the City Clerk must transmit all resolutions to Tallahassee for review and he would request for the Chief Inspector General's Office for immediate review of whatever action is taken tonight so that there is no impediment to the city moving forward. The actions of the City Commission stands loud and clear and he just wanted to put this on the record so that there is no confusion about whether it has to go to Tallahassee or not. Manager Brown briefly thanked the Commission and the citizens of Opa-locka for the time he's been with the city. Commissioner Pigatt asked for clarification from the City Attorney based on his statement whether the City Manager stills remains as City Manager until the approval from the Financial Emergency Board. Attorney Brown stated that this was a quite unusual and unique situation just as when the City Commission accepted Ms. Harrell's resignation, Mr. Brown could not take his seat as City Manager then until the board approved his appointment by the City Commission. The city is in a very unique situation because of the fact that each resolution whether it has a direct fiscal impact or not must go to Tallahassee for approval. As the debate was raised by Commissioner Riley on the appointment of Mr. Brown as City Manager, the board cannot tell the city who to hire or terminate; they just have to acknowledge it and hopefully direct you in moving in a fashion that Regular Commission Meeting Minutes—04/11/2018 11 limits the financial risk and exposure to the City. The State cannot tell the City Commission that they cannot terminate anyone, the City Manager, City Attorney or City Clerk; but they still have to recognize the authority that inherited under the Home Rule Powers Act as so pointed out by Commissioner Riley and is ordained in the city's charter. He went on to say the City Commission's action is noted, the state is watching and he presumes they would issue a turnaround response once the City Clerk sends the resolution up or they may issue a response prior to getting the resolution. Commissioner Pigatt asked for clarification on the process as it relates to the State issuing a response then at what point does Mr. Brown step down and the Acting City Manager be appointed. Attorney Brown stated that his best educated presumption would be that the City Commission needs to determine who is going to be the interim City Manager, create an immediate transition so irrespective of what comes out of Tallahassee, whomever that person is going to be would already be in a position to begin moving the city forward without delay. He further stated that the City Manager is free to leave and if he leaves the City Commission has to take action on item 8 to appoint an Acting City Manager so that person can replace Mr. Brown on the dais. Mayor Taylor said that the resolution is not finalized yet so technically Mr. Brown would still be the City Manager until the resolution goes up to the state. She suggested that Mr. Brown remain in his seat. Attorney Brown reiterated that the City Commission voted to terminate the manager and that action still stands. The Financial Emergency Board can provide instructions, but they cannot override the decision to terminate. Mayor Taylor asked if Mr. Brown could stay for this meeting until this resolution is reviewed by the state. Attorney Brown recommended that Mr. Brown hold any activities as City Manager in abeyance because these actions are final but he understands the ministerial function of the Financial Emergency Board approving this resolution. Since Mr. Brown has been terminated, Attorney Brown suggested that he relinquish his responsibilities as City Manager until such time as the Financial Emergency Board has weighed in. Vice Mayor Kelley said he didn't understand why they were spinning these wheels because all of them with the exception of Commissioner Pigatt have been through this before and he's seen managers come from out of the door in the audience and take the seat after one has been terminated. He said he didn't know what the challenge was and to him they should just follow the agenda. Although he understands the state has oversight jurisdiction, but whatever the Commissions actions are tonight, it obviously goes to the state, but it does not impede this Commission from taking action. In his opinion, he doesn't know why the City Attorney just doesn't move to item 8 so that the Commission can deal with it. Whatever comes out of that, that individual would assume the role and if the State has a problem they will tell them. As long as Regular Commission Meeting Minutes—04/11/2018 12 he's been here, when a City Manager is terminated whoever gets appointed comes in and assumes the role. There is nothing against the current City Manager, but just follow the steps that are there. Mayor Taylor stated to Manager Brown that whatever he decided to do is up to him. Based on the conversation, Manager Brown said it didn't seem like the decision was his. Attorney Brown stated that the Commission voted to terminate Mr. Brown effective 20 minutes ago and that termination stands. Mr. Brown is therefore terminated as City Manager and the state will weigh in as to whether they acknowledge the resolution. With that being said, this Commission has to move forward to item#8, Mr. Brown will relinquish his seat as City Manager and the City Commission must move now to appoint an Acting City Manager. Manager Brown thanked the City and the residents for the opportunity to serve and exited the meeting. 2. (13-8) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, APPOINTING AN ACTING CITY MANAGER DUE TO THE DEPARTURE OF ED BROWN AS CITY MANAGER; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by Commissioner Holmes and Commissioner Pigatt The above resolution was read by title by Attorney Brown. It was moved by Commissioner Pigatt, seconded by Commissioner Holmes to pass the resolution. Commissioner Pigatt made a motion for Milton Vickers to be appointed as Acting City Manager. Mr. Vickers was one of the finalists during the City Manager vetting process. The motion died for lack of a second. Commissioner Holmes nominated Kelvin Baker as Acting City Manager to finish what he started a while back. Mr. Baker was the City Manager who got the city the forty million dollars for infrastructure and had all of the pump stations working. It was moved by Commissioner Holmes, seconded by Commissioner Pigatt to appoint Kelvin Baker as Acting City Manager. There being no discussion, the motion to appoint Kelvin Baker as Acting City Manager failed by a 3-2 vote. Commissioner Pigatt Yes Commissioner Riley No Commissioner Holmes Yes Vice Mayor Kelley No Mayor Taylor No Regular Commission Meeting Minutes—04/11/2018 13 Vice Mayor Kelley nominated Newall J. Daughtrey as Acting City Manager. The motion was seconded by Commissioner Pigatt. Commissioner Holmes said he would go along with Mr. Daughtrey's appointment as Acting City Manager until such time as a permanent City Manager is appointment. There being no further discussion, the motion to appoint Newall J. Daughtrey as Acting City Manager passed by a 4-1 vote. Commissioner Riley Yes Commissioner Holmes Yes Vice Mayor Kelley Yes Commissioner Pigatt Yes Mayor Taylor No Commissioner Riley left the meeting at 9:07 p.m. Attorney Brown stated that Mr. Newall J. Daughtrey will serve as Acting City Manager and he would need direction as to the salary for Mr. Daughtrey and the length of time he will serve as Acting City Manager. These details the City Commission will have to work out. He said he will have to bring back a resolution to deal with the process for retaining a permanent City Manager. Following brief discussion, it was moved by Vice Mayor Kelley, seconded by Commissioner Holmes to set the annual salary for Mr. Daughtrey at $112,500.00 and Mr. Daughtrey will serve as Acting City Manager until such time as a permanent City Manager is appointed. There being no further discussion, the motion to amend the resolution passed by a 3-1 vote. Commissioner Holmes Yes Vice Mayor Kelley Yes Commissioner Pigatt Yes Commission Riley Not Present Mayor Taylor No Attorney Brown said that the City Commission appointed Newall Daughtrey as Acting City Manager and now they are amending the resolution to add the salary of $112,500.00 until such time as a permanent city manager is retained. 3. (13-9) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, DELETING ED BROWN AS SIGNATORY AND ADDING NEWALL J. DAUGHTREY (ACTING CITY MANAGER) AND BRYAN HAMILTON (FINANCE DIRECTOR) AS SIGNATORIES FOR ALL CITY FINANCIAL INSTITUTION ACCOUNTS; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by Commissioner Holmes and Commissioner Pigatt The above resolution was read by title by Attorney Brown. Regular Commission Meeting Minutes—04/11/2018 14 It was moved by Commissioner Holmes, seconded by Vice Mayor Kelley to pass the resolution. There being no discussion, the motion passed by a 3-1 vote. Vice Mayor Kelley Yes Commissioner Pigatt Yes Commissioner Riley Not Present Commissioner Holmes Yes Mayor Taylor No Vice Mayor Kelley asked for direction in terms of having someone in the City Manager's seat now that the City Commission has made a selection. Attorney Brown said that Mr. Daughtrey could take a seat on the dais at this time. Commissioner Holmes suggested that the Commission adjourn the meeting to allow Mr. Daughtrey an opportunity to review the remaining agenda items and call a special meeting in a couple of days. Attorney Brown said that it is the will of the Commission in terms of how they would like to proceed with the agenda. Mayor Taylor requested that the Attorney clarify Commissioner Holmes' motion. Attorney Brown stated that Commissioner Holmes is making a motion to defer the balance of the items on the agenda until a date certain. Mr. Daughtrey will have an opportunity to review the remaining items on the agenda and make a recommendation as to whether those are items he wished to pursue at a special meeting. Commissioner Holmes motion was seconded by Vice Mayor Kelley for discussion. Vice Mayor Kelley asked Clerk Flores if the items are deferred does the Commission need to defer it to a time certain so that she doesn't have to deal with re-advertising issues. Clerk Flores told Vice Mayor Kelley he was correct; the public hearing items would need to be deferred to a time certain to avoid additional costs with re-advertising. Vice Mayor Kelley suggested that a date certain is provided for deferment of items so that the City does not incur additional costs for re-advertising. Attorney Brown stated that there are Planning & Zoning items on the agenda that were advertised for tonight so the City Commission would have to recess this meeting to a point later so that the City doesn't have to pay for re-advertisement of those items. He recommended that the City Commission recess the meeting as oppose to adjourning. Vice Mayor Kelley suggested that the meeting is recessed and reconvened on Monday, April 16, 2018 at 4:00 p.m. Regular Commission Meeting Minutes—04/11/2018 15 Following a brief discussion, the meeting was recessed to Monday, April 16, 2018 @ 4:00 p.m. Commissioner Holmes requested that the City Commission direct the Chief of Police to receive all the keys from the City Manager Ed Brown. 13. ADMINISTRATION: CONSENT AGENDA: Items listed under the Consent Agenda are viewed to be routine and the recommendation will be enacted by one motion in the form listed below. If discussion is desired, the item(s) will be removed from the Consent Agenda and will be considered separately.All Consent Agenda Resolutions will be read by title. 1. (13-5) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, APPOINTING KISHA'SHA B. SHARP, ESQ. AND ROBIN HAZEL, ESQ. AS SPECIAL MASTERS/MAGISTRATES FOR THE CITY OF OPA-LOCKA AND AUTHORIZING THE CITY MANAGER TO ENTER INTO AND EXECUTE PROFESSIONAL SERVICES AGREEMENTS WITH EACH, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE RED LIGHT CAMERA PROGRAM PAYABLE FROM ACCOUNT NO. 12-512340;PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager and City Attorney The above resolution was read by title by Attorney Brown. It was moved by Commissioner Pigatt, seconded by Vice Mayor Kelley to pass the resolution. The motion passed by a 4-1 vote. Commissioner Pigatt Yes Commissioner Riley No Commissioner Holmes Yes Vice Mayor Kelley Yes Mayor Taylor Yes 14. NEW ITEMS: 15. PLANNING & ZONING: A. HEARINGS: B. APPEALS: 16. ORDINANCES/RESOLUTIONS/PUBLIC HEARING: A. FIRST READING ORDINANCE(S)/PUBLIC HEARING: B. SECOND READING ORDINANCE(S)/PUBLIC HEARING: Regular Commission Meeting Minutes—04/11/2018 16 C. RESOLUTIONS: 17. CITY MANAGER'S REPORT: 18. OFFICIAL BOARD REPORTS: 19. MAYOR/COMMISSION REPORT: 20. OFFICIAL BOARD APPOINTMENTS: 21. ADJOURNMENT: The meeting recessed at 9:18 p.m. and will reconvene on Monday, April 16, 2018 at 4:00 p.m. I MAYOR ATTEST: t v 1, CITY CLERK Regular Commission Meeting Minutes—04/11/2018 17