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HomeMy Public PortalAbout02-February 22, 2022 Joint Charter Review Board WorkshopCITY OF OPA-LOCKA "The Great City" CLERK'S ACTION SUMMARY MINUTES JOINT CHARTER REVIEW WORKSHOP Tuesday, February 22, 2022 6:30 p.m. 1. CALL TO ORDER: Mayor Veronica Williams called the Join Charter Review Board Workshop to order at 6:47 PM on Tuesday, February 22, 2022. 2. ROLL CALL: The following members of the City Commission were present: Commissioner Sherelean Bass, Commissioner Chris Davis, Commissioner Audrey Dominguez, Vice Mayor John H. Taylor Jr., and Mayor Veronica J. Williams. The following members of the Charter Review Board were present: Board Member Christina Banks, Board Member Audrey Edmonson, Board Member Mykeisha Fenn, Board Member John Riley, Board Member Frank Vega, Board Vice Chair Nikisha Williams and Board Chair Jannie Russell. Also, in attendance were: Interim City Manager James B. Wright, City Attorney Burnadette Norris - Weeks, Assistant City Attorney Candice Cobb and City Clerk Joanna Flores. 3. INVOCATION: The invocation was delivered by Commissioner Dominguez. 4. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was recited in unison. 5. SWEARING -IN OF CHARTER REVIEW BOARD: The Charter Review Board was sworn -in by City Clerk Joanna Flores. 6. PUBLIC COMMENTS: Agenda item(s) only City Clerk Joanna Flores announced the protocol for public participation at City Commission meetings. Mayor Williams opened public comments. 1 There being no members of the public to address the Commission, Mayor Williams closed Public Comments. 7. CHARTER REVIEW DISCUSSION: a) Charter Review Priorities Mayor Williams stated that the Opa-locka City Commission voted in favor of Ordinance 2021-14 establishing a Charter Review Board, providing members appointed to the Board the ability to propose amendments to the City's Charter. The Mayor said that the Commission and the Charter Review Board would have a brief open discussion, as the Board set its priorities. City Attorney Norris -Weeks congratulated the Members of the Charter Review Board on their appointment and said that the City is looking forward to their thoughtful discussion in upcoming meetings on the issues they believe should be revised in the City's Charter. The City Attorney then proceeded to review Ordinance 2021-14, which the Commission passed to establish the Charter Review Board. She stated that the workshop would qualify as the organizational meeting for the Board and that it may be a good opportunity for all of them to introduce themselves to each other. City Attorney Norris -Weeks offered to schedule orientation for the Board on Florida's Sunshine Law, and she recommended that at minimum they needed to start by having some discussion about who would be the Board Chair and Vice Chair. Stating that she thinks the Commission is looking for the Board to jump right into reviewing the Charter, she asked each of the Board Members to introduce themselves. Board Member Edmonson introduced herself as a former Chair of the Miami -Dade Board of County Commissioners and stated that she is serving on the Charter Review Board in an advisory capacity. The Board Member said that it is a pleasure to meet all the Members of the Board and added that she thinks she knows most of them from being around within the County. Board Member Fenn introduced herself as a resident of the City of Opa-locka for over 10 years and is a teacher in the community. The Board Member also stated that she sits on other City Boards and is looking forward to working with the other Members of the Charter Review Board. Board Member Banks introduced herself as a 24 -year retired employee of the City of Opa- locka and said that it's a pleasure to be with the other Members of the Charter Review Board, expressing her hope that they can resolve some things and make things go forward. 2 Board Member Russell introduced herself as a resident of the City of Opa-locka for over 30 years, having sat on many City Boards for the past 20 years and having run a non-profit in the City. The Board Member stated that she is looking forward to doing some productive things with the Charter Review Board and she expressed her hope that they can continue the progress made by the City Commission. Board Member Williams introduced herself as a non-profit executive at the Opa-locka Community Development Corporation who is a Miami native and a new resident of the City of Opa-locka. The Board Member stated it was an honor for her to be on the Charter Review Board and serve. Board Member Vega introduced himself as a business owner for the last 25 years in the City of Opa-locka, adding that he is here to help in any way that he can. Board Member Riley introduced himself as a former Mayor of the City of Opa-locka, having formerly Chaired the Charter Review Board for 10 years, served on 8 Boards over the past 20 years, and resided in the same place as a resident for 42 years, adding that none of this is unfamiliar to him. City Attorney Norris -Weeks continued reviewing the Ordinance which established the Charter Review Board, informing the Board Members that their term will be for 1 year from the date of their appointment, but she said that she believes their work will likely be completed prior to that time because the issues must get on the ballot. The City Attorney then asked City Clerk Flores to outline the timeline the Board should be looking at, to get the information to the Miami -Dade County Supervisor of Elections. City Clerk Flores congratulated all of the Charter Review Board Members and said that she provided them with a copy of the Miami -Dade County Elections Department 2022 ballot issues deadlines, which stipulate that for the August 23, 2022 Primary Election the deadline to submit to the Supervisor of Elections the Charter amendment ordinance adopted by the City Commission is Friday, May 27, 2022, and for the November 8, 2022 General Election the deadline is no later than Friday, July 29, 2022. The City Clerk encouraged the Board to keep in mind that if they intend on getting the ballot questions included in the August 23, 2022 Primary Election, their meetings will have to be fast - tracked because of the May 27th deadline. She also informed the Board that she had a conversation with the Miami -Dade County Elections Department, and she said they urged consideration of the fact that the November 8th General Election will include proposed amendments to Florida's Constitution in addition to Miami -Dade County ballot questions and it is not recommended to have a lot of questions on a single ballot for voters because they get tired of reading. 3 City Attorney Norris -Weeks continued reviewing the Ordinance which established the Charter Review Board, informing the Board Members that they are an advisory body to the City Commission and whatever they come up with will be recommendations and not necessarily things that have to go on the ballot. The City Attorney also informed the Board that if they find the Charter is perfect, while noting herself that it might not be, she said that it is totally within their purview to not make any recommendations at all. She also said that the Board can do its work in several different ways including in workshop settings and she said they can hear from City Staff as to how the City Charter is working right now, adding that they can also consider hearing from the Public and can include any other ideas they have. The City Attorney pointed out that if the Board thinks they know everything and don't really need to hear from anybody, there is already a process for Citizen comments outlined in the Charter which currently allows any Citizen to take an idea to the City Clerk and then have it come before the Board at the next regularly scheduled meeting. In describing Florida's Sunshine Law, she explained that the Board Members can speak with the City Commission Member who appointed them, but they can't speak with each other and can't have any conversations that involve 2 or more people about the issues they're likely to vote on, outside of a publicly noticed meeting which she said must be noticed at least 48 hours prior. The City Attorney also suggested that the Board may want to talk about whether Tuesdays are good days for them to meet and what recurring conflicts they might have, to agree on meeting dates that are in everyone's best interest. She also noted that the Ordinance which established the Board says that they will follow Robert's Rules of Order, which she explained requires a motion and a second, discussion and a vote, but she acknowledged that there are a lot of other intricacies involved with Robert's Rules of Order. City Attorney Norris -Weeks concluded by asking if the City Commission had anything they'd like to share and said that she would like to allow the Charter Review Board to select a Chair and Vice Chair. City Attorney Norris -Weeks acknowledged that the Charter Review Board includes 5 voting Members and 2 non -voting advisory Members who are Board Member Edmonson and Board Member Vega. Board Member Russell asked if advisory Board Members could be appointed as Chair. City Attorney Norris -Weeks stated that though there's nothing that specifically speaks to the appointment of an advisory Member as Chair, she would think the Board would not want to do that. Board Member Russell asked for a reason why appointing an advisory Member would be inappropriate. 4 City Attorney Norris -Weeks stated that generally speaking, advisory Board Members give guidance and are not necessarily Chairing the meetings. The City Attorney said that she thinks it's just kind of an unwritten sort of thing. Board Member Riley stated that the City of Opa-locka's Code of Ordinances indicates that all Boards conduct their business the same as the Commission, so if the Chair of the Commission must be a voting member, the Chair of the Board must be a voting member. Board Member Russell asked which Ordinance stipulated that all City Boards conduct their business the same as the Commission. City Attorney Norris -Weeks said that while she is not looking at it right now and would have to stop and find it, she did recall something like a stipulation that all Boards conduct their business the same as the Commission as Board Member Riley stated, which she added would be another reason why you wouldn't have an advisory Member of an advisory Board Chair the meetings. Board Member Russell asked if it was the will of the Commission for the Board to elect their Officers during the workshop. City Attorney Norris -Weeks stated that the decision to elect a Chair and Vice Chair at their organizational meeting will be based on the will of the Charter Review Board, and she said that if they are not wanting the workshop to be their organizational meeting, they could have another meeting. The City Attorney proceeded to express her opinion that based on the schedule and what the Board heard from City Clerk Flores about the deadlines, she said it would be good and more efficient if they could consider electing a Chair and Vice Chair during the workshop. Mayor Williams stated that she agreed with City Attorney Norris -Weeks and said that if the Charter Review Board elected their organizational structure, the Chair and Vice Chair could proceed with the flow of the current meeting and all meetings thereafter. The Mayor added that the Charter Review Board doesn't have to but voting for the Chair would make moving forward a little bit more efficient. Board Member Russell asked if the Charter Review Board Members can nominate someone as their Chair and Vice Chair. Mayor Williams clarified that she was only directing the process so that it can be released to the Charter Review Board Chair and said that if any of the Members of the Board would like to nominate themselves or someone else, they could do so. Board Member Russell nominated Board Member Nikisha Williams to be Chair of the Charter Review Board, and Board Member Williams seconded the nomination. 5 Board Member Riley asked if nominations for Chair of the Charter Review Board were closed. City Attorney Norris -Weeks stated that she doesn't know if it is completely necessary but said that it sounded like nominations for Chair of the Charter Review Board were closed. Board Member Russell said that the Board Members are depending on City Attorney Norris -Weeks to give them direction, adding that she respects Board Member Riley and that she believes he knows what he is talking about, but pointing out that he is a Board Member just like they are. City Attorney Norris -Weeks stated with all due respect that she doesn't believe there needs to be a nomination closure after a motion and a second, according to Robert's Rules. There being no additional discussion, the motion to appoint Board Member Williams as Chair of the Charter Review Board failed by a 3-2 vote. Board Member Riley No Board Member Russell Yes Board Member Banks No Board Member Fenn No Board Member Williams Yes Mayor Williams asked if there was another nomination for Chair of the Charter Review Board, stating that the Board must have a Chair. Board Member Banks recommended that the Board Members be given an opportunity to get to know each other, pointing out that it's the first night they met, and they still don't know who is who. The Board Member said that maybe at the next meeting they could decide on who they would like to be Chair. Mayor Williams asked how the process would work for the Charter Review Board Members to get to know each other. Board Member Banks stated that she knows everyone but said that some Charter Review Board Members don't know each other. The Board Member said that it is just a recommendation and that the Board doesn't have to do it tonight, offering assurances that they don't need 4 or 5 weeks but need a little time to get to know each other and decide who they would like to elect as Chair of the Board. City Attorney Norris -Weeks suggested that the Charter Review Board can share a little bit of information about themselves so that they can feel more confident about whomever they select as Chair and Vice Chair, because outside of the meeting there really isn't going to 6 be an opportunity for all the Board Members to meet, because it's likely they would be talking about things that they'll be voting on. The City Attorney assured the Board that they will not be this involved in their future meetings and were just trying to facilitate discussion amongst them so that they will hopefully get to a point where they have a Chair and Vice Chair. Board Member Riley asked the Charter Review Board what the purpose of the City's Charter is, because he said that the Board Members should know what it is. City Attorney Norris -Weeks asked the Members of the Charter Review Board if any of them did not know what the City's Charter is. Board Member Russell stated that she knows what the City Charter is, and she knows what her purpose is for being on the Charter Review Board, adding that she would not have otherwise been nominated to be part of the Board. Acknowledging that the Charter Review Board is very important to the City and expressing her respect for the City Commission, the Board Member said that those who were nominated to be on the Board and have been part of the City for years, understand what the Charter Review Board is. She also stated that the City Attorney and City Clerk are there if the Board Members have questions, adding that she doesn't think the City Commission will be involved. Board Member Russell concluded by saying that she was only speaking for herself when she asserted that she knows what the Charter Review Board is and why she is a Board Member, and she expressed her hope that she answered Board Member Riley's question. City Attorney Norris -Weeks said that if any of the Charter Review Board Members don't know what the City's Charter is, they can dive into that, but she suggested that because there was a concern that the Members of the Board don't know each other enough, that they can spend some time doing that starting with the Board Member who made the suggestion. Board Member Banks stated that she is a veteran within the City having worked with the City of Opa-locka for 24 years, starting in the City Manager's Office to the Human Resources Department to the Police Department to the Parks and Recreation Department. The Board Member shared that she has been a candidate running for the City Commission for quite some time, having been a resident 52 years and seeing the Dais come and go. Board Member Banks said that she loves the people in the community and said she would like to see the City move forward, adding that she was chosen as a candidate for the Charter Review Board to assist the Commission in any way she possibly can. She concluded by stating that she would like to know more about some of the other people on the Board. Board Member Fenn stated that she has resided in the City of Opa-locka for about 10 and a half years and has been a teacher here the same amount of time. The Board Member 7 shared that she has 3 little ones that take part in almost every activity in the City that they can, and she said that she is very active with her community whether it is officially or not. She informed her colleagues on the Charter Review Board that she sits on other Boards but is not looking to be a Chair or Vice Chair and just wants to help in the best way that she can to get the City to the level where it needs to be. Board Member Fenn concluded by saying that she will support the Charter Review Board and the City Commission as much as she can with any recommendations. City Attorney Norris -Weeks asked Board Member Russell if she would like to share a little more about herself with her fellow Members of the Charter Review Board. Board Member Riley said that he could tell them his name again, but that's not why he's here. The Board Member explained that the reason he spoke about the Charter is because it's the City's Constitution just like the United States Constitution and he lamented that in 2012 some amendments to the Charter violated the 14th Amendment because employee rights were taken away and he would like to see them restored. He also said that when he left office as Mayor in 1986, the City's insurance premium was $60,000 compared to it currently being in excess of $2 million and he said that is more than any municipality in the State of Florida because of what has been eliminated out of the Charter which he said have increased the City's liability because of the lawsuit losses. Board Member Riley added that the salary and benefits for the City's elected officials are the same they were in 1956, stressing that it's what the Charter is about, what they need to do and why they are on the Charter Review Board. He also stated that he doesn't need to be a Chairman, recalling that he Chaired the Board for 8 years before and said it's not a big deal, but he said that he doesn't mind bragging about knowing the government because he believes God gave him that talent and knowledge. Board Member Vega stated that he has owned businesses in the City of Opa-locka for the last 25 years and he is on the Charter Review Board to support his fellow Board Members and he said that he may have some ideas that could help the City because he wants to see it do better and he expressed his opinion that it could do better. Board Member Williams stated that she believes she is the newest face in the room and expressed her excitement to meet all of them. The Board Member said that as a non-profit executive, she is the Chief Operating Officer at the Opa-locka Community Development Corporation where she leads a Staff of just under 50 people and manages a board in that role, making her familiar with how boards work and Roberts Rules of Order. She also shared that before she moved to Opa-locka, she lived in the City of North Miami where she served on boards, and this is not her first time. The Board Member answered Board Member Riley's question, stating that while she might not know the City's Charter like the back of her hand, she pointed out that the Commission nominated them to be part of the 8 Charter Review process, people that they trust who are going to do their homework, are going to show up and do the work to serve the people, as Board Member Russell had stated. Board Member Williams concluded by expressing her confidence that they have tons of experts on the City Commission Dais and sitting next to her on the Charter Review Board, who are going to help guide her through the process so that they can do what's best for the City which she promised is what she is here to do. Board Member Russell stated that if the Board is going to get anything accomplished, they must be timely and said that all their time is valuable with all of them running business and having things they're doing other than serving on the Board. She asked her fellow Board Members if they wanted to table the discussion on electing a Chair and Vice Chair as Board Member Banks suggested, or if they wanted to vote for a Chair and Vice Chair as suggested by the City Attorney. City Attorney Norris -Weeks noted that a couple of the Members of the Board already said they're not interested in being appointed as Chair and she informed the Board that they can appoint a Chair and Vice Chair if they feel a little bit more comfortable now that they've heard a little bit more about each other, or she said that they can table the issue if they'd like to schedule another organizational meeting at another time to select their Chair and Vice Chair. Board Member Riley made a motion to appoint Board Member Banks as Chair of the Charter Review Board. Board Member Banks declined the nomination to serve as Chair of the Charter Review Board. Board Member Fenn stated that it is very important that the Board make the decision on their Chair and Vice Chair, pointing out that they have deadlines. It was moved by Board Member Fenn, seconded by Board Member Williams to appoint Board Member Russell as Charter Review Board Chair. Board Member Russell asked approximately how many meetings the Charter Review Board is going to have. City Clerk Flores stated that it is up to the Charter Review Board to decide how many meetings they will have. City Attorney Norris -Weeks also stated that it is going to be up to the Charter Review Board how many meetings they will have based on their discussions on what they believe should be the priorities for recommendations to the City Commission. 9 Board Member Russell asked if the City would have to pay to have amendments recommended to be made to the Charter appear on the November 8th General Election ballot. City Clerk Flores stated that the City has the option to piggyback on the Miami -Dade County election, and although it would be a special election which represents a cost to the City, it's very minimal. Board Member Riley said that the amendments made to the Charter in 2012 were on the November 2012 General Election ballot. City Clerk Flores pointed out that the amendments were made to the Charter in 2012 based on only 1 question to replace the entire Charter but said that the Charter Review Board could propose multiple questions, which could create a long ballot for the voters. Board Member Riley said that he understands what happened in 2012 and expressed his opinion that it is why the Charter is messed up. Mayor Williams stated that because City Attorney Norris -Weeks had already given the Charter Review Board Members the information on Florida's Sunshine Law and they've been sworn in, the Sunshine Law is in effect, and they cannot continue to get to know each other. The Mayor said that it is highly recommended that the Board come up with a Chair and Vice Chair during the workshop. Board Member Russell stated that she would accept the nomination to be appointed as Charter Review Board Chair. There being no additional discussion, the nomination to appoint Board Member Russell as the Chair for the Charter Review Board Chair passed by a 5-0 vote. Board Member Riley Yes Board Member Williams Yes Board Member Russell Yes Board Member Banks Yes Board Member Fenn Yes City Attorney Norris -Weeks congratulated Charter Review Board Chair Russell and said that the Board needed a Vice Chair, asking if the Members of the Board had a motion. It was moved by Board Member Williams to appoint herself as Charter Review Board Vice Chair and the motion was seconded by Board Member Fenn. The motion passed by a 5-0 vote. 10 Board Member Fenn Yes Board Member Williams Yes Board Member Banks Yes Board Member Riley Yes Board Chair Russell Yes City Attorney Norris -Weeks stated that Mayor Williams may consider turning the workshop discussion over to Charter Review Board Chair Russell. Mayor Williams turned the workshop over to Charter Review Board Chair Russell. Board Chair Russell noted that there were 2 Agenda Items and asked if the Board needed to set their priorities and timeline. City Attorney Norris -Weeks stated that the Board Members may not know what their priorities are because they haven't gone through the current Charter yet. The City Attorney suggested that they give themselves some time to review it and perhaps talk about what issues they may be concerned with at their next meeting. City Attorney Norris -Weeks concluded by saying that while she did not suggest that the Board jump in right now, but she added that it is a public meeting, and the Board is welcome to say anything they'd like. Board Chair Russell expressed her appreciation to her colleagues on the Charter Review Board for their vote of confidence, asserting that chairing meetings doesn't make you the head of anything and they need one another to make the Board successful. The Board Chair proceeded to ask if anyone on the Board had things, they thought were a priority, noting that some of them had probably already gone through the Charter. She also asked if the City Commission can give suggestions to the Charter Review Board. City Attorney Norris -Weeks stated that because the Charter Review Board is an advisory board to the City Commission, if they were giving the Board suggestions, it would defeat the purpose for why the Board was set up. Board Chair Russell asked Board Member Riley to share the 2 things that he thought were a priority. Board Member Riley stated that he was only speaking off the top of his head but is interested in the Civil Service Board and the salaries for elected officials. Board Chair Russell asked Board Members Edmonson and Vega to give the Board some advice before they adjourn the meeting. Board Member Edmonson thanked the City Commission for appointing the Members of the Charter Review Board, stating that it appears to her that they are really interested in the 11 community, and she expressed her pride in every Member of the Board. The Board Member said that she was trying to get in before. Board Chair Russell apologized for not recognizing Board Member Edmonson. Board Member Edmonson stated that she was fine with it and said that she liked that it got settled and she didn't have to say anything, adding that she is just happy to be on the Charter Review Board and offering assurances that she wants to do all she can for the City of Opa- locka. Board Chair Russell asked Board Member Vega if he had any priorities as an Advisor to the Charter Review Board that he would like for the Board to look at. Board Member Vega stated that he thinks Mayor Riley brought up a couple of good issues, which he thinks the Charter Review Board should work on. b) Timeline for Charter amendments to be included on 2022 election ballot City Clerk Flores asked if the Board could agree on their next meeting date and time. Board Chair Russell pointed out that Board Member Fenn is a teacher, and they can't take her from her children in the daytime, so a daytime meeting is out. City Clerk Flores asked if 5:30 PM works for everyone on the Charter Review Board. Board Member Fenn stated that 5:30 PM doesn't work for her and recommended a 6 PM meeting time instead. Board Vice Chair informed her fellow Board Members that a 6 PM meeting time works for her, but Wednesdays can be hit or miss for her, and she preferred if the Board cannot meet on Wednesdays so that she can make sure to be there. Board Chair Russell pointed out that they should try not to select Wednesdays because City Commission meetings are scheduled on the 2nd and 4th Wednesday of each month. The Board Chair stated that Tuesdays or Thursdays are fine with her. Board Member Riley proposed that the Charter Review Board tentatively select the 1st and 3rd Tuesday of each month at 6 PM for their meetings, until they can finalize their work on the Charter amendments. City Attorney Norris -Weeks informed the Charter Review Board that she has a conflict on the 1st and 3rd Tuesday of each month, and she asked if the Board Members might consider another day, suggesting Thursdays. The City Attorney also stated that she is supposed to be part of the Charter Review Board in an advisory capacity. 12 Board Chair Russell stated that Thursdays are good for her and noted that everybody on the Charter Review Board also indicated that Thursdays were good for them. Board Member Riley proposed that the Charter Review Board tentatively select the 1st and 3rd Thursday of each month at 6 PM for their meetings. City Clerk Flores informed the Charter Review Board that their next meeting would be March 3rd at 6 PM and following that, on March 17th. 8. ADJOURNMENT: There being no further business to come before the City Commission and the Charter Review Board, the meeting adjourned at 7:54 p.m. Veronica J. Williams Mayor ATTEST: Jo a Flores, CMC City Clerk 13