HomeMy Public PortalAbout05-May 02, 2016 Special Commission Meeting Minutes CITY OF OPA-LOCKA
"The Great City"
CLERK'S ACTION SUMMARY MINUTES
SPECIAL COMMISSION MEETING
MONDAY,May 2, 2016
6:00 P.M.
Sherbondv Village Community Center
215 Perviz Avenue
Opa-locka,FL 33054
1. CALL TO ORDER:
Mayor Myra L. Taylor called the meeting to order at 6:00p.m. on Monday, May 2, 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: Mayor Myra L. Taylor,
Vice Mayor Timothy Holmes, Commissioner Joseph L. Kelley, and Commissioner Luis
B. Santiago. Also in attendance were: City Manager David Chiverton, City Attorney
Vincent T. Brown, and City Clerk Joanna Flores. Commissioner Terence K. Pinder was
not in attendance.
3. INVOCATION:
The Invocation was delivered by Mayor Myra L. Taylor.
4. PLEDGE OF ALLEGIANCE:
The Pledge of Allegiance was recited in unison.
5. CITIZENS' INPUT:
Agenda Items Only
Alvin Burke, 1240 Jann Avenue, said that for some time now, the City knew that there
was a financial emergency. The citizens have been led to believe that this was being
worked on and taken care of. All along residents have been looking forward to aid from
the state and now this meeting is to discuss whether to request assistance from the state.
With all due respect to the manager and his staff, this is taking too long. The City is in a
financial situation and needs help. Why is this taking so long? This has been going on for
too long, the City should have been asked for help. In the meantime, citizens have been
led to believe everything is on the right track and the City was moving forward. At this
late day and age the City is asking for help. Is the city asking for help because it cannot
make payroll. This is inexcusable.
There being no further persons to speak, Mayor Taylor closed citizens input.
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Mayor Taylor asked City Manager Chiverton to make a statement regarding the
discussion.
City Manager Chiverton said that the City has been communicating with the state as
recently as last Friday and long before that. He said that the state requested information
on Friday based on things they were reading in the media and items they wanted from the
City and the City has complied. Speaking to the auditor general on Friday on conference
call, they wanted to know what the City intended to do to adjust or make adjustments and
bring a balance. A package was sent to the county and they began to provide assistance to
the City and helping to analyze the information that is passed on to the state. He said that
the City is receiving assistance with the financial recovery. Line items have been
carefully reviewed and identified and have been vetted. The adjustments with the 32 hour
work week and the layoffs will make an impact to bringing down the deficit, but the City
has to continue moving forward. He said that he knows that now is a critical point with
making adjustments, but it is a must. Adjustments and recommendations have been made
as it relates to contractual work and a change to renegotiate or inform them that their
services are no longer needed and will be done in an effort to balance the budget. He is
prepared to do what he has to do as manager to bring a balance to the budget. The City
had grown in staff size during the years and now it is going down from the two hundred
plus employees that were on payroll. By the end of the fiscal year, more layoffs will be
done in an effort to downsize and be in line with the current revenue stream.
Mayor Taylor acknowledged City Attorney Brown.
6. DISCUSSION:
THE FINANCIAL URGENCY OF THE CITY AND WHETHER TO
REQUEST SPECIFIC ASSISTANCE FROM THE STATE PURSUANT TO
F.S. 218.503
The above discussion was read by title by Attorney Brown.
Mayor Taylor opened the floor for discussion.
Commissioner Santiago said that he is confused about the different things that are being
said about the financial situation of the City. He asked what was the point of discussing
whether to request specific assistance from the state. He thought that according to the
manager, information was being sent from what was requested by the state. The state is
offering assistance. He thought that the state had all of the ideas and recommendations
from the City and was moving forward. He asked the manager if he had any documents
in black and white signed from the state that they have been receiving information from
the City. He understands that this is a bad situation, but it does not come from the current
administration, it came from the previous administrations years ago. The truth needs to
come out so that it can be fixed. The back and forth that is going on with the state and the
state leads him to believe that something is wrong and the truth needs to come out. The
residents seen a resolution pass months ago and now they are demanding answers. He
told the manager that he has five (5) bosses with different opinions and he has to be sure
he is doing the right thing and is covering the City. He said that memorandums are being
sent to individuals that are not commissioners and is going to the media without their
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knowledge. Something is happening when the state is still requesting the information and
is not getting it.
City Manager Chiverton said that some of the information received by the state was fine
and some needed additional information. Follow up calls were made to see what the state
was able to do with the information that they received. At no time did the City not
respond to the state regarding the information that was sent or requested.
Commissioner Santiago asked, "What is the specific assistance that is being requested
from the City to the state".
City Manager Chiverton said that the request can be as broad as technical assistance or
looking for resources to help with the current situation. The City still has the opportunity
to improve the budget even though it is requesting information from the state.
Commissioner Kelley said that he was furious when the clerk read the e-mail to him
because he could not open the attachment. To think that at this point in time he is
receiving this kind of e-mail, he is disappointed. He told the manager that the only thing
that he has highlighted is the resolution for the 32 hour work week. There is other
legislation that was passed that was not included in his discussion. He said that no one on
the dais has opposed to the layoffs but they need to be fair. There is also more to it than
staff cuts. It looks like the state is telling the City, "We're waiting on you" as if they are
not receiving the requested information. There seems to be too many loose ends and not
enough clarity as to exactly where the City is with the financial recovery plan and
compliance with the State. If the governor's office does appoint an oversite committee,
will the commission be over them. He asked the manager for clarity.
City Manager Chiverton said that a letter sent form Ms. Miguel on April 19`h, she
responded to the information that was sent from the first drop. She read the first recovery
plan and asked that changes be made to it and be resent since there were some things that
were not clear to her. There was a lot of information that had to be broken down and sent
to various departments with her office. All information that has been requested has been
sent. The City can submit a request for assistance, but it is up to the governor's office to
determine if a financial emergency will be declared. There are options under 218.503 that
can be clarified by the attorney. The security contract has terms and after thirty (30) days
the implementing of a security system at a centralized location can be put in place with a
specific person available to monitor the facilities.
Commissioner Kelley said that he was not looking for an explanation on the contract. The
only two items brought up was the 32 hour work week and the security contract which
the commission did support. He said that there were more things in the report that the
manager could have begun to implement as it is in his power to do so without approval
from the commission. He said that it is clear to him that when information is sent to the
state, the City has not made sure that they can access it and understand it. Given the
gravity and the urgency of the matter, it should have been paramount to anything that is
taking place. Make sure they received it and understood what they received. He said that
the manager had indicated that he sent the state a financial recovery plan. It seems that
what has been sent is just information and not an actual plan. He said that the manager is
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the one in communication with the state and he should know what the response is. He
asked the manager for clarity.
City Manager Chiverton said that the recovery plan was sent on April 19, 2016 and it was
acknowledged by the state. He said that the states communication with the City to ensure
that the plan was final and approved by the commission. He said that as changes are
made and adjustments are done, then updated information is sent so that they know that
progress is being made.
Commissioner Kelley said that number one (1) on the communication from the state
clearly asks if the City intends to submit a recovery plan, it is in black and white. That
means according to the state they have not received a final document. He is not too
comfortable with the drop box set up as the information may not reach its recipient. He
told the manager that maybe when he was sending the information, his thought process
might have been that it was the plan, but the response does not show that. He said that he
was not in the loop of all of the correspondences with the City and the state so he can
only go off of the information presented to him. He supports asking for assistance in the
form of a committee, but wants this to move forward because this is a critical time. He
said that even if someone has to drive the information to Tallahassee then that is what
needs to be done.
Vice Mayor Holmes said that at the last commission meeting the dais repeated many
times that they need to do what needs to be done to get out of the financial situation that
the City is in. He said that the attorney general wants to know what the commission
intends Opa-locka is willing to do to pull the City out of the bind that it is in. If the City
cannot do it, then the state needs to intervene. He said that if each member of the
commission would have made recommendations on behalf of the City at a savings of four
hundred thousand dollars ($400,000.00); that would be two million dollars
($2,000,000.00). It would really help pull the City out of trouble, but no one thought of it.
Right now he mentioned to the attorney to bring a resolution to bring the garbage back in
house to save the City almost one million dollars ($1,000,000.00). He said that they
should all be working for the City. He asked City Manager Chiverton what was the
amount that the City was paying for garbage collection.
City Manager Chiverton said that the City pays one million dollars ($1,000,000.00) for
the residential component of waste collection; the commercial waste collection is a
separate amount.
Vice Mayor Holmes told the manager to put out an RFP for waste services.
City Manager Chiverton informed Vice Mayor Holmes that there is already an RFP for
waste services.
Vice Mayor Holmes said that if it is for for the City, then he is for it. He said that the
state is looking to see what the City is going to do and if they cannot do it, the state is
going to step in and do what they have to do. If all of his colleagues would have brought
a proposal then that would have been a savings of close to two million dollars
($2,000,000.00), but instead everyone wants to bicker back and forth. He said the
commission has to work together to make it better.
Special Commission Meeting Minutes-05/02/2016 4
Mayor Taylor said that she agrees with Vice Mayor Holmes about working together to
resolve the financial issues. She said that when the recovery plan was introduced, the
manager asked the dais for their recommendation on how to fix the financial problems.
The media has said that it was the fault of the current administration and this is not so. It
did not happen recently, it happened over a period of time. Today is the day of reckoning
and it happened to fall on the current administration. The first e-mail from the auditor
general that was sent to the City had the manager, secretaries, and assistance, but not the
commission or any other elected officials. She wants to know if all of those employees
are in communications with the auditor general's office; why are they Cc'd on a letter
that should be going to the commission.
Vice Mayor Holmes said that he was in his office on Friday and no one brought him
anything. He said that the manager is the one that is being paid the big bucks to run the
City. Vice Mayor Holmes does not run the City, he only provides guidance to the
manager. He said that he is not as young as he used to be and he needs help. Twenty
years ago he was able to run things, but now he needs help, everyone needs to help bring
the City back.
Mayor Taylor said that Vice Mayor Holmes is right and the commission needs to be on
one accord. She asked the manager who should be Cc'd on correspondences from the
auditor general.
City Manager Chiverton said that the situation is resolved and the auditor general has
been informed that the only employees who should be included in the correspondences is
the city commission, manager, attorney, and clerk.
Mayor Taylor asked the manager why all of those employees were Cc'd.
City Manager Chiverton said that he does not know because he did not send an e-mail
with all of those employees copied on it.
Mayor Taylor said that the auditor general asked if the commission intends to send a
recovery plan as requested. She asked what the City has given her that makes her think
that she does not have a recovery plan.
City Manager Chiverton said that the reason the auditor general says that is because the
plan is not final. A plan has to be voted on and then a resolution attached to it and then
sent to the state.
Mayor Taylor asked the manager if a draft was sent.
City Manager Chiverton said that several drafts were sent, but changes were requested to
make adjustments of the documents.
Mayor Taylor confirmed with the manager that the City is in a crisis.
City Manager Chiverton said, "Yes".
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Mayor Taylor asked the manager if the budget can be balanced by the end of the fiscal
year.
City Manager Chiverton said, "Yes, there are ways that the budget can be by the end of
the fiscal year".
Commissioner Santiago told the manager that it looks like he is shaking a little while
answering the questions. He told the manager to make sure that the budget will be
balanced. It is his responsibility as the manager to run the City. If someone tries to
prevent him from doing what he has to do, then he needs to ignore them and do what he
has to do to save the City and the financial situation that the City is in. He said that it
looks like whatever is being sent previously to the state is being stopped by somebody.
He wants to see some action.
Mayor Taylor asked the manager if the budget can be balanced.
City Manager Chiverton said, "Yes, there are reviews and positions that were taken in the
budget that can bring about a balance this fiscal year".
Mayor Taylor asked the manager what he needed from the dais to help him run the City.
She said that those that have been talking to the media and giving their opinion need to
know that the commission does not write checks. The commission legislates based on
what the manager tells them that he needs, that's how it works. He tells them what is
going on and they legislate what needs to be too straightened out whatever he tells them
that the situation is. She asked the manager what he needs from the commission at this
point. She said that she is not comfortable with the drop box because she is not used to it.
It should either be sent from the post office, Fedex, or UPS. She asked why it was not just
put in a box, wrapped up and then sent overnight.
City manager Chiverton said that one of the state's initiatives is to minimize paper usage;
so drop boxes are a way to send documents in this day and time.
Mayor Taylor said that the process did not work because the auditor general said that she
did not receive it.
City Manager Chiverton said that the auditor general has now acknowledged that she has
received it. The reason why the commission has not received a copy is because the
document is over twelve hundred (1200) pages.
Mayor Taylor said that she understands that it is something that the auditor general needs
to review. Her concern is that she does not know if the drop box is working. She asked
the manager for a formal statement saying that the City can meet the budget for this fiscal
year.
City Manager Chiverton confirmed that the City can balance the budget this fiscal year.
Vice Mayor Holmes said that the City needs for the county to step in and help with the
garbage so that the City can save money. In order for the process to start rolling, things
need to start taking place for the City to move forward.
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Mayor Taylor asked Vice Mayor Holmes how much that will cost since the county is not
going to do it for free. She said that she is not starting controversy, but there is a price for
the county handling the garbage.
Commissioner Santiago clarified what Vice Mayor Holmes was trying to convey. He said
that right now the City needs to take action. The final information needs to be sent to
Tallahassee and that is the start. Then the City can move on from there.
Mayor Taylor told the manager that the commission has to depend on him. She asked the
manager if the plan is ready for the commission to approve.
City Manager Chiverton said that the plan is almost ready and can be finished by the end
of this week. He said that roughly the budget gap is about one point four million dollars
($1,400,000,00). Since last week, he has been looking at line items that have not been
expended that can be held off until the next fiscal year or adjustments can be made. The
attrition process is moving forward and staff is being cross trained to be able to work and
understand the different job functions. The 32 hour work week is also pending approval
from the commission. The layoffs and adjustments with contracts are also a part of the
plan. He has gone through the expenditures report as well as the revenue and this is being
done line item by line item. He said that he has been working diligently and there is a
recovery plan in place for the City and bringing a balance to the budget.
Vice Mayor Holmes said that it is time to stop talking about it and get it done. He said
that the commission knows what to do and he is waiting for them to say, "Let's do it". If
it is good for the City then he will support it. He says that there is a contract for lawn
service and it is a couple hundred thousand dollars. There is equipment and employees at
Public Works and they can be used to do the work to save the City money. He told the
commission if they have friends and associates currently benefitting from the City then
they need to put them down and do what is best for the City. Put the friends down and get
the City back on the right track.
Commissioner Kelley said that from what the manager has said, the commission needs to
go straight to number five and submit the plan to correct the financial condition. He said
that he wants all twelve hundred (1200) pages of the plan even if he has to buy the paper
himself because he does not trust the drop box system. He wants to see every piece by
line. He said that the manager has mentioned a whole lot of pieces, but he wants to see
what the numbers equate to. He said that he agrees with the vice mayor about the
contracts, but if the employees are layed off then who will do the work. He told the
manager that if recommendation will be used then the numbers should reflect in the plan
and then sent to the state.
Mayor Taylor said that some things go straight under the manager and you can see what
he is doing; and then some things are legislative and have to go through the commission.
Commissioner Kelley asked if it is too late to add the item on the agenda for the meeting
on the 11`"or will it require a special meeting.
Mayor Taylor asked if there will be too much of a discussion for that meeting.
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Commissioner Kelley said that was the point he was trying to make; is it too late to add
it. He told the manager that he did not hear him address the monies that are owed to the
City as a part of his proposal. He said that if the over two million dollars ($2,000,000.00)
is collected then the City will be good. He asked the attorney to respond to where the City
is with regard to collecting monies.
City Attorney Brown said that the City has not received a response from any of the
collection letters that have been sent out.
Commissioner Kelley asked how many collection letters were mailed out.
City Attorney Brown said that the first batch had forty (40) letters that were mailed out.
Commissioner Kelley asked the attorney how many in total letters are being sent out?
City Attorney Brown said the list has close to two hundred (200), but there have been
some challenges with getting the notices out.
Commissioner Kelley said that the internal challenges are a problem. The commission
has been talking about getting the notices out for months now. If the water bills aren't
paid, the water is turned off. If the permit fee isn't paid for painting your house, the City
is knocking on doors; but there are people that owe real money and the City is not doing
anything about it. He said that is why he has the challenges that he has.
Mayor Taylor asked the attorney to finish his statement because she wants to know if
there is any follow up or anything is being done.
Vice Mayor Holmes told the attorney that after tonight he does not want to hear anymore
challenges, he just wants it done. He said to send the letters out and get it done, if the City
has to go to court and then take the people to court to retrieve the monies that are owed.
City Attorney Brown asked the commission if they are authorizing him to advance
money to the City to make sure that the letters get out in a timely fashion. He said that
whenever he submits a bill, there are questions about expenses that The Brown Law
Group is incurring on behalf of the City. He said that if the City wants him to advance
funds, he has no problem doing it, but he has no authority to do so.
Vice Mayor Holmes said that he will advance the City if he has to,but he wants it done.
City Attorney Brown said that he does not have authority to spend money on behalf of
the City.
Mayor Taylor asked if the collection letters were certified.
City Attorney Brown said, "Yes".
Mayor Taylor said that you have to follow up with a call, you cannot just sit around and
wait until someone responds; they will not respond to pay the City money.
Special Commission Meeting Minutes-05/02/2016 8
Commissioner Santiago agreed with the mayor about following up with monies that are
owed. He said that Cuyahoga is one of the companies in question, they owe the money
for more than ten (10) years and they do not want to pay and are playing games with the
City.
Commissioner Kelley said that whether it is forty (40) letters or two hundred (200) letters
total; the manager has the authority to spend up to twenty five thousand dollars
($25,000.00) without approval form the commission. He does not need permission to
mail out the certified letters. If the revenues are owed to the City, then he can do what is
necessary to collect the funds. He said that if it took the vice mayor giving him the get it
done speech to get it done, then so be it; but to him that should have been a no brainer.
He said that if the internal processes need to be put in place for these challenges then it
needs to be done.
Mayor Taylor said that because the situation is so crucial, she wants to know what the
manager intends to do between now and the next commission meeting on the 1 1th
City Manager Chiverton said that he intends to move forward with some of the plans that
he has outlined.
Mayor Taylor asked if the information that the manager is going to compile will add up
to the one point four million dollars ($1,400,000.00) and if it will be available to the
commission before the 1 lth. She said that it is too important to wait until the 11th and she
does not want it to be infused into the next commission meeting.
Commissioner Kelley said that was he point, he wanted it to be done before the next
meeting and then a special meeting can be called to discuss the requested information
separately. He said that within two (2) days off receiving the information, the manager
can request a meeting to be called for discussion.
Commissioner Santiago said that not only is the manager to provide the information to
the commission, but he also needs to do it.
Vice Mayor Holmes told the manager to come back with a list of things that can be done
financial or otherwise to move the City forward. He asked the manager when he will be
able to provide the dais with the requested information.
Mayor Taylor said that she understands that all of the suggestions from the commission
are not financially, but she wants him to include them in the requested information. She
said that after he gives the commission the information then they will call a special
meeting on the following Monday. She asked the attorney if this can be done.
City Attorney Brown said, "Yes ma'am".
Mayor Taylor asked the manager if he can have the report by Friday.
City Manager Chiverton said that by Friday he will have the financial recovery plan.
Vive Mayor Holmes said that Friday is too long.
Special Commission Meeting Minutes-05/02/2016 9
Commissioner Santiago clarified what the vice mayor was saying by stating that if the
information is presented on Friday, there may not be sufficient time to put it on the
agenda for the next meeting.
Mayor Taylor said that once she receives the information, she will call a special meeting
on Monday through the clerk.
City Clerk Flores acknowledged the mayor.
Mayor Taylor asked the manager what he needed from the commission to get the job
done.
City Manager Chiverton said that all he needs is the support of the commission as he
moves forward.
7. ADJOURNMENT:
There being no further business to come before the Commission, it w.s moved by Vice
Mayor Holmes, seconded by Commissioner Santiago to al'ourn t - meeting at 7:12p.m.
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