HomeMy Public PortalAbout04- April 13, 2016 Regular Commission Meeting Minutes CITY OF OPA-LOCKA
"The Great City"
CLERK'S ACTION SUMMARY MINUTES
REGULAR COMMISSION MEETING
WEDNESDAY,April 13, 2016
7:00 P.M.
Sherbondv Village Auditorium
215 Perviz Avenue
Opa-locka, FL 33054
1. CALL TO ORDER:
Vice Mayor Timothy Holmes called the meeting to order at 7:00 p.m. on Wednesday, March 13,
2016 in the Auditorium at Sherbondy Village, 215 President Barack Obama (Perviz) Avenue,
Opa-locka, Florida.
2. ROLL CALL:
The following members of the City Commission were present: Vice Mayor Timothy Holmes,
Commissioner Joseph L. Kelley, Commissioner Terence K. Pinder, Commissioner Luis B.
Santiago. Also in attendance were: Interim City Manager David Chiverton, City Attorney
Vincent T. Brown, and City Clerk Joanna Flores. Mayor Myra L. Taylor was not in attendance.
3. INVOCATION:
The invocation was delivered by Vice Mayor Timothy Holmes.
4. PLEDGE OF ALLEGIANCE:
The Pledge of Allegiance was recited in unison.
5. AWARDS/PROCLAMATIONS/ACKNOWLEDGEMENTS:
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: pulled 1, 4, and 5 (Commissioner Kelley).
7. APPROVAL OF AGENDA:
It was moved by Commissioner Kelley, seconded by Commissioner Santiago to approve the
agenda, consent agenda and pull list.
There being no discussion, the motion passed by a 4-0 vote.
Commissioner Pinder Yes
Commissioner Santiago Yes
Commissioner Kelley Yes
Vice Mayor Holmes Yes
Regular Commission Meeting Minutes—4/13/2016 1
Mayor Taylor Not Present
8. APPROVAL OF MINUTES:
Regular Commission Meeting—03/09/2016.
It was moved by Commissioner Pinder, seconded by Commissioner Santiago to approve the
minutes of the Regular Commission Meeting on March 9, 2016.
There being no discussion, the motion passed by a 4-0 vote.
Commissioner Santiago Yes
Commissioner Kelley Yes
Commissioner Pinder Yes
Vice Mayor Holmes Yes
Mayor Taylor Not Present
Regular Commission Meeting—03/23/2016.
It was moved by Commissioner Pinder, seconded by Commissioner Santiago to approve the
minutes of the Regular Commission Meeting on March 23, 2016.
There being no discussion, the motion passed by a 4-0 vote.
Commissioner Kelley Yes
Commissioner Pinder Yes
Commissioner Santiago Yes
Vice Mayor Holmes Yes
Mayor Taylor Not Present
9. DISTRICT ONE/DISTRICT TWO - COUNTY COMMISSIONER REPORT:
Larry Gardner, Commissioner Barbara Jordan's Office, District I, said that he forwarded
information to the City Clerk's Office that was requested by Commissioner Pinder from the last
meeting. He said that at this time the County is not looking to take over the water and sewer
department/infrastructure for the City.
Commissioner Pinder said that he knows that the City has an infiltration problem. He said that
sixty percent (60%) of the pipes are leaking. Most of the residents here live in Miami-Dade
County and they voted on the one point six billion dollar ($1,600,000.000.00) bond for the
infrastructure work all over Miami-Dade County. He said that there is one hundred and eighty
million dollars ($180,000,000.00) worth of infrastructure work that needs to be done here and he
would like for some of the dollars from the bond to be allocated to help with correcting the
issues.
Larry Gardner told Commissioner Pinder that he will speak to Commissioner Jordan and bring
back an update at the next meeting.
Regular Commission Meeting Minutes—4/13/2016 2
Commissioner Kelley told Mr. Gardner to thank Commissioner Jordan for all of her efforts with
assisting the City. He asked if the information that Commissioner Pinder is requesting can be
added in at this point or is it a separate request.
Larry Gardner said that he is unsure but will bring back the information.
Commissioner Santiago said that he made a request for the stage and the bleachers for his 4th of
July event. He asked Larry Gardner if he received the request to which he replied, "Yes". He said
that the requested items are not for his benefit, but it is for the citizens of the City.
District II was not present.
Vice Mayor Holmes said that citizens' forum is for agenda items only and he does not want them
to speak on anything else.
Commissioner Pinder told Vice Mayor Holmes that he knows that the City has adopted a new
charter. He said that the old charter explained that citizens' forum was to speak on agenda items
only but the new one states that the citizens can speak on any issues that they choose to bring
before the commission. He asked City Attorney Brown for clarity.
City Attorney Brown said that Commissioner Pinder was correct and that the citizens have a
right to speak on any issues that they wish to bring before the commission.
Commissioner Kelley asked City Attorney Brown to state the statute that is connected to the
charter regarding the public being allowed to speak. He said that he does not want the dais to get
in trouble because they did not follow the rules of the charter.
City Attorney Brown said that according to the Florida Statute 286.0115 paragraph 2.B. governs
the ability for the public to speak at meetings of the governing body.
Commissioner Santiago said that the citizens have a right to talk; not only for agenda items, but
for any issues they may have.
Vice Mayor Holmes asked City Manager Chiverton to introduce Yvette Harrell as the new
Assistant City Manager.
City Manager Chiverton introduced Yvette Harrell as the new Assistant City Manager.
10. PUBLIC PRESENTATION:
11. CITIZENS' INPUT:
Alvin Burke, 1240 Jann Avenue, came before the commission to address the four (4) day work
week item that was sponsored by Vice Mayor Holmes. He asked if the employees were still
getting a forty hour paycheck. He also asked how the money is calculated for salaried
employees. He asked how is the City still able to hire people while talking about layoffs and
cutting hours; he said that the employees are walking around on pins and needles because they
do not know if they will be laid off. He asked if there was a method to the madness with all do
respect to the dais.
Regular Commission Meeting Minutes-4/13/2016 3
Ricky James, 1156 Jann Avenue, said that he has a problem with agenda item 1 because the
lower level employees will feel the effect of the pay cut; he said that it is not cool. He proposed
that management cut the salaries of directors bringing them down to fifty thousand dollars
($50,000.00) a year. He said that if they do not agree, give them a severance package and let
them go. He said that the contractor that is maintaining the median can be let go. He said that he
has bills and a family just like everyone in the meeting and he is not making any money. He said
that he would like to have a pay raise but he cannot get it. He said that it is not fair; every couple
of years the employees have to go through the same thing.
Natasha Ervin, 670 Dunad Avenue, said that she is a devout Meet Me Monday attendee. She said
that in those meetings, citizens are not limited to three (3) minutes to speak. She said that Meet
Me Monday does not cost the City any money. She said that they can meeting with department
directors and City employees and get issues resolved in a timely manner. She said that if the
meeting does not cost the City anything, then they should continue to have it.
Eddy Dean, 3211 NW 135th Street, B & G Holding Group, said that his company is bringing a
nightclub/bar/restaurant to the City. He thanked the manager and staff that have met with them
and said that he looks forward to bringing the business to Opa-locka.
Brian Dennis, 3135 NW 135th Street, said that he has a problem with item 5. He said that while
he has never attended a Meet Me Monday Meeting, he has heard good things about it. He said
that will also stop bingo and then the residents do not get to benefit from it. He said that there are
a lot of people that look forward to the events once a month. He said that to limit the City to only
commission meetings is taking away from the residents. He suggested that the dais does not take
away the events that do not cost the City any money. He said in regards to the thirty two (32)
hour work week, the dais should not make the employees suffer when they did not cause the
problem. He said if there is going to be a cut, then management needs to know who to cut. He
said that cutting from lower level employees is not the answer. He is not one for laying off
people but the people at the top can take a hit. He said that the belt has to be tightened where it
needs to be tightened.
Vice Mayor Holmes said that there has been a lot of mistakes and wrong doing in the City. He
said that the City has to get in control of its finances. He said that anytime you bring staff to
work at these events, you have to pay overtime and it is a cost to the City. He said that the IT
Department comes out and do what they have to do and it is a cost. He said that the only way to
get in control is to bite the bullet and handle the situation properly.
Commissioner Kelley said that he was going to wait until the item 5 came up for discussion but
since they are discussing it now, he wants to make a response. He said that it doesn't cost staff
anything to put on his event. He said that the IT department was mentioned and the IT
Department does not come to Meet Me Monday.
Vice Mayor Holmes asked Commissioner Kelley if he can wait until the item comes up and said
he was only responding to what the citizen has said. He said that he wants to get back to the
agenda.
Commissioner Kelley said that he will not sit there and hear comments being made about his
event and not be able to provide a response. He said that it is unfair to everyone on the dais that
things are said that are untrue and they cannot respond. He said that he always waits until citizen
forum has ended and then he provides a response. He said that he will not allow comments to be
Regular Commission Meeting Minutes—4/13/2016 4
made in between the citizens' statements and certain responses are given and then he cannot
respond.
Vice Mayor Holmes told Commissioner Kelley that he was just responding to what Brian Dennis
said about the cost of the event. He said that Commissioner Kelley is putting the cart before the
horse. He said that the dais needs to sit there and let him do what is right for the City. He said
that he is the one with the gavel and he is leading the meeting.
There being no further persons to speak, Vice Mayor Holmes closed citizens forum.
City Attorney Brown told Vice Mayor Holmes that he cannot close citizens' forum until
everyone has had the opportunity to speak. He said that there are people in the crowd that want
to speak and should be given the chance to do so.
Vice Mayor Holmes reopened citizens' forum.
Mario Perla, 14250 NW 22 Court, said that he is concerned about survival; survival of the plants,
animals, and himself because he cannot survive without water. He said that if he has to choose
between paying his water bill and paying his mortgage then that is a problem. He said that the
water bills are too high. He said that the bills are four hundred dollars ($400.00) then you have to
pay half of that or they will turn the water off. He said that he understands that there are
infrastructure issues, old pipes, people tampering with the meters, and vandalism. He said that he
has lived in the City for twelve (12) years and does not want to sell his house but he may have to
if something is not done about the water bills. He said that he would like to see the City get
better. He said that the issue with the finances is not about cutting employees. The City is not
attractive and that is the reason why businesses do not want to come to Opa-locka. He said that
City has to look better and make investors from abroad want to come and invest and create jobs.
Vice Mayor Holmes told Mr. Perla to see someone from the City Manager's Office regarding his
water bills.
There being no further persons to speak, Vice Mayor Holmes closed citizens forum.
12. ACTION ITEMS:
1. (13-1). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO IMPLEMENT A 32
HOUR WORKSCHEDULE BY REDUCING THE WORK SCHEDULE TO A 4-DAY
WORK WEEK WITH 32 HOURS PER WEEK; PROVIDING FOR INCORPORATION
OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by Vice Mayor
Holmes (Deferred Items from RCM of 03/23/2016)
The above resolution was read by title by Attorney Brown.
It was moved by Commissioner Santiago, seconded by Commissioner Kelley and Pinder for
discussion.
Commissioner Santiago said that it is very clear in the resolution that if there is going to be a cut
for one day, then it will be a 32 and not a 40 hour work week. He said that whoever was in
Regular Commission Meeting Minutes-4/13/2016 5
administration before made the mistake of cutting lower level employees. He said that people are
being cut and sent home and the problem is still going on. He said that you have to start with the
top. He asked manager what was going to be done about the CIP Department. He said that the
CIP Department was supposed to be funded with the forty million dollar ($40,000,000.00)
infrastructure money. He said that there are five (5) people that are making over sixty (60),
seventy (70), eighty thousand ($80,000.00) dollars. He said that he is going to come back to item
5 because he believes that the finances of the City does need to be straightened out but it is not
the staff that created the problem.
Commissioner Kelley said that he does not like to receive documents at the last minute
especially when he has to vote on it. He said that the savings from the layoffs is not enough to
get rid of the staff. He said that it was said in the financial workshops that millions of dollars are
owed to the City. He said that the item should not be on the agenda at this moment when all of
the other avenues for revenue have not been exhausted. He asked how is it going to be
implemented and how will the services will be impacted if the City were to move to a 32 hour
work week. He said that if you take eight (8) hours from someone who makes twenty thousand
dollars ($20,000.00); and eight (8) hours from someone who makes fifty thousand dollars
($50,000.00), it is not the same pain. He said that in the past people were laid off and the services
slowed down, phones weren't being answered, etc... and they are still in the same situation. He
said he will not support the item tonight and wants the manager to aggressively pursue retrieving
funds for the City. He asked City Manager Chiverton what was the dollar amount that was owed
to the City.
City Manager Chiverton said that there is about one point eight million dollars ($1,800,000.00)
in water, and in outstanding liens there is around three million dollars ($3,000,000.00). So that is
about five million dollars ($5,000,000.00).
Commissioner Kelley said that he is not saying that the City will recover every dime of what is
owed; but he wants to see the manager go and aggressively try and retrieve the money that is
owed to the City. He said that if you just collect half of what is owed then you are doing okay.
But to say that employees will have a thirty two (32) hour work week is not right without
knowing what the impact will be. He said that his colleague mentioned getting rid of CIP but he
does not know the impact that it will have. He said that he will not support the resolution tonight.
Commissioner Pinder said that he supports the resolution. He has supported the resolution since
it was on the agenda for his second meeting in office. This was known one year and a half ago.
He said that they knew this day was coming. He said that when Kelvin Baker was here, that it
was a part of the recovery plan. He said that there is one point two million dollars
($1,200,000.00) in the bank and the math is not hard to do. He said that after three (3) pay
periods at four hundred and twenty thousand dollars ($420,000.00) there will be no more money
left in the bank. He says that he supports the item if it is a part of a plan of action. He said he
cannot support it tonight because there is no backup documentation. He said that if the City
keeps on doing the same thing, it will continue to get the same results. He said that the question
is, "What is the City doing wrong"? he said that for the last eighteen (18) years, every two (2)
years the decision is not going to be made, because there is an election and who wants to make
the decision to lay off employees. He said that no one wants to make the decision to lay off
employees. He said that in 2006 there was eight million dollars ($8,000,000.00) in surplus
dollars. The City went from having one and forty eight (148) employees in 2006 to two hundred
and forty three (243) in 2014. The City gained almost one hundred (100) employees in seven
years. He said that during that time the City did not grow, there was no more land added, no
Regular Commission Meeting Minutes—4/13/2016 6
more homes were built, and no more businesses were brought in. he said that he supports the
resolution and supports the sponsor for coming up with part of a plan but it is not holistic in the
compass of the solution. The solution is to be transparent so that everyone will understand. He
asked what is the percentage between the lower level employee and the person that is making
upwards of one hundred thousand dollars ($100,000.00). He said that if the lower level employee
is filling a twenty five percent (25%) reduction off of the eight (8) hours, then then the top level
employee should be reduced by twenty percent (20%) off of their salary, it has to be fair. He said
that he supports the item but not at this time. He proposed that the item be deferred and brought
back at a later time with the rest of the recovery plan.
Vice Mayor Holmes said that he brought the item at the last commission meeting and deferred it
so that his colleagues can go over the information and make a decision. He said that this item is
now two (2) weeks old and the dais is requesting that it is deferred again. He said that there are
going to be some changes in the City that are coming soon and he will be there to witness it. He
said that he will defer the item until the next meeting but the commission needs to do the right
thing for the community.
City Attorney Brown said that item 1 will be brought back at the next regular commission
meeting.
2. (13-4). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO TERMINATE THE
CONTRACT WITH THE PRIVATE SECURITY GUARD COMPANY AND
AUTHORIZING THE CITY TO USE RESERVE POLICE OFFICERS TO CARRY OUT
THE DUTIES AND RESPONSIBILITIES CURRENTLY HANDLED BY THE PRIVATE
SECURITY GUARD COMPANY; PROVIDING FOR INCORPORATION OF
RECITALS; PROVIDING FOR AN EFFECTIVE DATE.Sponsored by Vice Mayor Holmes
The above resolution was read by title by Attorney Brown.
It was moved by Commissioner Kelley, seconded by Commissioner Santiago for discussion.
Commissioner Kelley said that he wants to put it on the record that he is concerned that there
will be liability that will come up later for terminating the service with the company. He said that
he was told that it only requires a thirty (30) day notice. He asked City Manager Chiverton if the
reserve officers include those who make the dollar amount per year, or officers who receive
regular pay.
City Manager Chiverton said that the reserve officers would get an hourly rate and not a dollar
amount.
Commissioner Kelley asked City Manager Chiverton what is the minimum hourly rate that can
be paid to the reserves in that setting.
City Manager Chiverton said that on the low end it is fifteen dollars ($15.00), and on the high
end it is twenty five dollars ($25.00) per hour.
Regular Commission Meeting Minutes-4/13/2016 7
Commissioner Kelley said that he knows that the patrol company was paid to provide security to
both Sherbondy and Segal Park. He asked City Manager Chiverton what is the dollar amount in
savings when compared between the company and the reserves.
City Manager Chiverton said that there is not a significant amount of savings by the City when
the actual calculations were done.
Commissioner Kelley said that he wants to support the item but he does not want to vote and
then the savings are not worth canceling the service. He said that even if the City broke even he
supports it for the reserves to work the facilities. He said that he does not want to cancel the
service, then there are not enough reserves to patrol and then situations begin to arise at these
facilities because they are not being patrolled. He said that he needs to know the status on the
reserves before he votes.
City Manager Chiverton said that currently there are not enough reserves on the force to be able
to handle the additional duties. He said that an hourly amount would have to be decided to
include any savings and what the City will benefit from canceling the service.
Commissioner Kelley said that if there is a savings he supports it, he just wants to see the
numbers that show that it will save the City money.
City Manager Chiverton proposed that item 4 is deferred until the next meeting and then a
memorandum with a full analysis can be provided detailing the savings of canceling the service.
Commissioner Pinder told City Manager Chiverton to stay in the manager's seat and let the
sponsor decide whether or not he wants to defer his item. He said that he supports the resolution
on saving money. He said you have Homeland Security that the City plays one hundred and forty
five thousand dollars ($145,000.00) a year; so instead of going sixteen (16) weeks at 32 hours,
we can do four (4) weeks at 32 hours because of the savings. He said that that he visited the City
of surfside and North Miami Beach and saw where they were bringing in flat screen T.V.'s and
setting them up inside of the police department. He said that instead of dispatch just answering
phones, they are also monitoring facilities and able to dispatch police if need be. He said they
told him that the budgeted amount for the year was about forty thousand dollars ($40,000.00). He
said that those are the savings that the City needs to be looking at to save money. He said that the
issue with using the reserves is that they have other jobs, they are working as reserve officers to
keep their certification but they may not be available to work when needed. The City needs to be
able to protect its investments and have them well secured. He said that if the chair decides to
defer the item and bring it back showing the savings to the dais then he supports it.
Commissioner Santiago agreed with Commissioner Pinder's idea to install cameras in the
facilities and have the police department monitor them. He said that if the reserve officers start
patrolling the facilities they are going to have to be paid and may even need benefits and that will
be at a cost to the City. He recommended that the sponsor defer the item and then research and
see whether or not the City will benefit from canceling the security services.
Vice Mayor Holmes said that when he brings a resolution or an ordinance, it is not for him, it is
for everyone. He told the dais that they knew about the items beforehand but they are still asking
that they be deferred. He said that he knows what is going on; he said that he knows what item is
going to pass and what item is not going to pass. He said that he is going to defer all three of the
items that he sponsored.
Regular Commission Meeting Minutes—4/13/2016 8
City Attorney Brown asked Vice Mayor Holmes if he was going to defer the items until the next
meeting or when he chooses to bring it back.
Vice Mayor Holmes asked City Clerk Flores when the next regular commission meeting was.
City Clerk Flores said that the next regular commission meeting was on April 27, 2016.
Vice Mayor Holmes asked City Attorney Brown if he had any more questions regarding the
items to which he replied, "No".
13. CONSENT AGENDA:
2. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, CREATING A PROPERTY ASSESSED CLEAN ENERGY
PROGRAM AND JOINING THE CLEAN ENERGY GREEN CORRIDOR PROGRAM
IN ACCORDANCE WITH SECTION 163.08 OF THE FLORIDA STATUTES;
ADOPTING AN INTERLOCAL AGREEMENT PURSUANT TO SECTION 163.01 OF
THE FLORIDA STATUTES RELATING TO THE CORRIDOR; PROVIDING FOR
AUTHORIZATION; PROVIDING FOR INCORPORTION OF RECITALS;
PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager
3. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, AUTHORIZING THE ISSUANCE OF AN RFP/RFQ AND
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT (EXHIBIT
"A") WITH THE BEST, COMPETITIVE AND MOST RESPONSIVE APPLICANT;
AND AUTHORIZING THE APPLICANT TO BE RESPONSIBLE FOR THE
CONSTRUCTION AND PLACEMENT OF BUS BENCHES, TRASH RECEPTACLES
AND BIKE RACKS; AND TO PERMIT ADVERTISING ON THE BUS BENCHES, THE
TRASH RECEPTACLES AND BIKE RACKS; PROVIDING FOR INCORPORATION
OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager
The above resolutions were read by title by Attorney Brown.
It was moved by Commissioner Santiago, seconded by Commissioner Pinder to pass the
resolution.
There being no discussion, the motion on the resolution passed by a 4-0 vote.
Commissioner Kelley Yes
Commissioner Pinder Yes
Commissioner Santiago Yes
Vice Mayor Holmes Yes
Mayor Taylor Not Present
15. PLANNING & ZONING:
16. ORDINANCES/RESOLUTIONS/PUBLIC HEARING:
A. FIRST READING ORDINANCE(S):
Regular Commission Meeting Minutes—4/13/2016 9
1. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, OPTING OUT OF THE PROVISIONS OF CHAPTER 33,
ARTICLE VI, DIVISION 5 ENTITLED "COMMERCIAL SIGNS ON EXPRESSWAY
RIGHT-OF-WAY", OF THE CODE OF MIMI-DADE COUNTY, FLORIDA,
PURSUANT TO MIAMI-DADE COUNTY CODE § 33-121.11, IN ORDER THAT SUCH
PROVISIONS SHALL NOT APPLY TO SIGNS LOCATED WITHIN THE
TERRITORIAL LIMITS OF THE CITY OF OPA-LOCKA, FLORIDA; REPEALING
ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH;
PROVIDING PENALTIES FOR VIOLATION HEREOF; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR AN
EFFECTIVE DATE. Sponsored by City Manager
The above ordinance was read by title by City Attorney Brown.
It was moved by Commissioner Pinder, seconded by Commissioner Santiago to pass the
ordinance.
There being no discussion, the motion on the ordinance passed by a 4-0 vote.
Commissioner Pinder Yes
Commissioner Santiago Yes
Commissioner Kelley Yes
Vice Mayor Holmes Yes
Mayor Taylor Not Present
B. SECOND READING ORDINANCE(S)/PUBLIC HEARING:
1. AN ORDINANCE OF THE CITY COMMISION OF THE CITY OF OPA-
LOCKA, FLORIDA, AMENDING ORDINANCE NO. 85-16, SECTION I, AMENDING
ARTICLE II, CREATING SECTION 14-19 THROUGH 14-23, CURBSTONING,
MAKING IT UNLAWFUL TO PARK A VEHICLE IN CERTAIN PLACES IN
VIOLATION OF FLORIDA STATUTE 316.1951, RESERVING SECITON 14-22
THROUGH 30, PROVIDING FOR DEFINITIONS, PENALTIES, FINES, TOWING
FEES, STORAGE AND ENFORCEMENT FEES, LIENS ON VEHICLE AND REAL
PROPERTY OF THE OWNER AND VIOLATOR AND PROVIDING FOR AN
ADMINISTRATIVE FEE; PROVIDING FOR SEVERABILITY AND CODIFICATION;
PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR AN EFFECTIVE
DATE (first reading held on March 23, 2016). Sponsored by City Manager
The above ordinance was read by title by City Attorney Brown.
It was moved by Commissioner Pinder, seconded by Commissioner Kelley to pass the ordinance.
There being no discussion, the motion on the ordinance passed by a 4-0 vote.
Commissioner Pinder Yes
Commissioner Santiago Yes
Commissioner Kelley Yes
Vice Mayor Holmes Yes
Regular Commission Meeting Minutes—4/13/2016 10
Mayor Taylor Not Present
Vice Mayor Holmes said that it is really sad how he sees things still being done in the City. He
said that he sees the continuation of the same thing that is keeping the City from moving
forward. He said that someone will bring all of what is going on into the daylight. It is only a
matter of time.
C. RESOLUTIONS/PUBLIC HEARING:
17. CITY MANAGER'S REPORT:
Interim City Manager Chiverton said that he has provided his report to the dais and is available
to take any questions the commission may have.
Commissioner Pinder said that he is going to make a statement as opposed to asking a series of
questions so he can be done with it. He told Vice Mayor Holmes that a lot of the items that the
sponsors propose do not have the supporting documentation to justify the item and that is why
the items are deferred. He said that it is not the job of the dais to provide documentation for
resolutions nor is it on the dais to be okay with voting on items when they have questions about
them. He said that the manager, attorney, and clerk are needed to back up the dais with what they
need to do and the vision for the commission. He said that he knows that with everyone's help
collectively the City can get the job done and get back on track.
Vice Mayor Holmes said that there may need to be some changes because if the manager,
attorney, and clerk are not doing their job, then they need to be replaced. He said that he wants to
see the City grow and move forward. He said that he wants them to show him what they can do.
The state is going tome come in and takeover and before that he wants the three administrative
departments to take control and do right by the City. He said that there is an election this year
and people are campaigning. He said that he is not campaigning for anything and will be here for
the next two (2) years and he wants better for the City.
Commissioner Kelley asked City Manager Chiverton for the status of what is going on at
Sailboat Cove. He said that with regards to the layoffs, he wants the manager to be fair. He said
that while he might have already identified those that will be laid off, he stresses that it needs to
be fair. He said that when the last layoffs took place, it was not done fairly. He said that people
who had been here for years were let go and those who were here for a short while were allowed
to maintain employment. He asked the City Manager Chiverton what is going to be the impact as
a result of the layoffs with regards to providing the same level of services. He said that he does
not want to hear it in the streets first; if there are to be layoffs, he would like to know in advance.
He said that while there are complaints with the budget; the biggest complaint is handling the
employees fairly. He said that he knows that there is a deadline for the layoffs and wants to know
if the report for the layoffs is available. He said that he will await the report.
City Manager Chiverton said that he is currently working on additional parts of the plan and as
soon as it is ready he will provide the dais with a copy to review.
Commissioner Santiago asked City Manager Chiverton if the memorandum that he sent to the
commission is effective for the date of April 15, 2016 to begin the layoff process.
Regular Commission Meeting Minutes—4/13/2016 11
City Manager Chiverton said that the date is correct and he will begin to implement that portion
of the recovery process with the layoffs on that date.
Commissioner Santiago asked the dais if they were aware of the memorandum and asked City
Manager Chiverton to wait until the next commission meeting before beginning the layoffs. He
also asked the manager if he has researched information to see if there is another way to go about
securing revenue besides to lay off the employees.
Commissioner Pinder said that he means no disrespect to Commissioner Santiago but he wants to
be clear that the only thing that the commission is in charge of is the monetary side of the hiring
and firing, not the actual hiring process. He said that the charter gives the manager absolute
authority to hire and fire.
City Attorney Brown agreed with Commissioner Pinder.
Commissioner Santiago said that is his concern, he wants to save the City money but wants it
done the right way. He said that anytime something happens; everyone will look to the
commission for answers.
Vice Mayor Holmes reminded the manager, attorney, and the clerk that they have a job to do. He
told City Manager Chiverton that he had informed him that the reduction would save six hundred
thousand dollars ($600,000.00). He then read the paper and the number was four hundred
thousand dollars ($400,000.00); and after that he heard about three hundred thousand dollars
(300,000.00). He said that he knows that they do not have authority over what is put in the paper
and he does not who is putting out conflicting information. He told them that they need to make
sure that they know what they are doing. He said that while he doesn't mind helping those that
may need it; he wants the three departments to know that if they cannot handle the job then they
should leave and let someone else do it. He said that there is a responsibility and a duty to the
citizens and they have to take it serious. He asked City Manager Chiverton the status on the
police cars.
City Manager Chiverton said that everything is on schedule and the cars are set to be delivered in
June.
18. OFFICIAL BOARD REPORTS:
No reports at this time.
19. MAYOR/COMMISSION REPORT:
Commissioner Santiago announced that Bingo will be held on April 22, 2016; he said that
everyone is invited and the event is at no cost to the City. He also said that the 4th of July event
will be held this year.
Commissioner Kelley thanked Commissioner Pinder for hosting this month's Farm Share in his
absence. He said that in addition to Farm Share and Feeding South Florida which are ongoing,
there will be a clergy meeting tomorrow at the Segal Park/Helen L. Miller Center in preparation
for the National Day of Prayer in May. He said that the monthly movie night is still ongoing and
is put on at no cost to the City. He said that all of the outreach programs are done at no cost to
Regular Commission Meeting Minutes—4/13/2016 12
the City. He thanked the manager's staff for coming to assist with the meeting. He said that he is
working with the police department on the Walk-In One Stop that will be held in May. He asked
Vice Mayor Holmes if City Clerk Flores can read something into the record from the Florida
League of Cities.
City Clerk Flores read a letter that was sent from the Florida League of Cities to Commissioner
Kelley for completing the leadership program in Orlando, FL. She also presented him with a
certificate from the league.
20. OFFICIAL BOARD APPOINTMENTS:
21. ADJOURNMENT:
There being no further business to come before the Commission, it was moved by Commissioner
Santiago, seconded by Commissioner Pinder to adjourn the meeting at 8:47p.n
.■AP° I
/ MA 'IR
ATTEST:
;} CITY CLERK
Regular Commission Meeting Minutes-4/13/2016 13