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HomeMy Public PortalAbout02-February 16, 2017 Special Commission Meeting CITY OF OPA-LOCKA "The Great City" CLERK'S ACTION SUMMARY MINUTES SPECIAL COMMISSION MEETING Thursday, February 16, 2017 5:30 P.M. Sherbondy Village Auditorium 215 Perviz Avenue Opa-locka, FL 33054 1. CALL TO ORDER: Mayor Myra L. Taylor called the meeting to order at 5:30 p.m. on Thursday, February 16, 2017 in the Auditorium at Sherbondy Village, 215 President Barack Obama (Perviz) Avenue, Opa- locka, Florida. 2. ROLL CALL: The following members of the City Commission were present: Mayor Myra L. Taylor, Vice Mayor Joseph L. Kelley, Commissioner Timothy Holmes, Commissioner John B. Riley and Commissioner Matthew A. Pigatt. Also in attendance were: City Manager Yvette Harrell, City Attorney Vincent T. Brown, and City Clerk Joanna Flores. 3. INVOCATION: The invocation was delivered by Mayor Myra L.Taylor. 4. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was recited in unison. 5. PUBLIC INPUT: Agenda Items Only Dorothy Johnson, 14255 NW 22nd Place, said that she does not see in the budget where there is a line item to provide a bus to the seniors program, where is the funding for the seniors program. She said that she has made attempts to meet with several commissioners, but none has responded and that is okay. She does not understand how the City is trying to defund the grant writer's position when the grants writer has brought in millions of dollars to the city. Under the Citizens' Bill of Rights, she deserves to have an answer from the commission. Mayor Taylor informed Mrs. Johnson that she has responded to her in the past, but if she does not remember those times, then that is okay. She then went on to ask the city manager about the grant writer position. City Manager Harrell said that there were two grant writer positions and now there is one. Special Commission Meeting Minutes—2/16/2017 1 Mayor Taylor informed Mrs. Johnson and the residents that because of the recommendations made by the state to cut 2, 5, and 10% across the board; eliminate positions, and additional cuts as needed; one of the grant writer positions had to be cut. Mrs. Johnson said that if this document is the amendment, then why does the position say zero and there is a line item with an amount. City Manager Harrell said that there is still a grant writer in the police department and the funding for the seniors program is still in the budget, nothing was done with it. Albert Jones, 1201 Oriental Blvd, said that he does not understand what is being said about the seniors program from the mayor on down to the manager. The program has been cut down and they have not complained. They have to drive in a rundown bus and they do not complain. He asked the commission why they are punishing the seniors. He told one of the commissioners that he placed his campaign sign in his yard. He asked that the commission leave the seniors program alone and allow them to live out the rest of their lives in peace without worrying about what is going to happen. Commissioner Pigatt thanked Mr. Jones for speaking up and addressing his concerns. He spoke on the conversation that he and Mr. Jones had on yesterday in which he was explaining to him that the state said that cuts had to be done. He did not say that he was going to cut the seniors program, but he asked the parks director to make necessary cuts to his budget because the seven hundred and seventy five thousand dollars ($775,000.00) had to be made up. Mr. Jones said that he understands what he is saying, but wants to make it clear that the commission leave the seniors program alone. Mayor Taylor asked the city manager if there have been any cuts to the seniors program. City Manager Harrell said that no cuts have been made to the seniors program at all. Vice Mayor Kelley said that he thinks that a part of the program is not the funding for the program, but also the staffing of the program, that is a part of what Commissioner Pigatt was speaking on. He said that he has never thought about it, but the City might want to do a go fund me page and see if it will raise the needed funds. Mayor Taylor said that the seniors program is important to the commission and they have not touched their budget. 6. FIRST READING ORDINANCES/PUBLIC HEARINGS: 1. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AMENDING ORDINANCE NO. 16-16 BY AMENDING THE ANNUAL ADOPTED GENERAL FUND BUDGET FOR FISCAL YEAR 2016-2017, COMMENCING OCTOBER 1, 2016 THROUGH SEPTEMBER 30, 2017; PROVIDING FOR THE EXPENDITURE OF FUNDS ESTABLISHED BY THE BUDGET; AUTHORIZING THE CITY MANAGER TO TAKE CERTAIN ACTIONS; PROVIDING FOR APPROPRIATION OF ALL BUDGET EXPENDITURES; PROVIDING FOR FEES CONSISTENT WITH APPROPRIATION AND AMENDMENT; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; Special Commission Meeting Minutes—2/16/2017 2 PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager The above ordinance was read by title by City Clerk Flores. Mayor Taylor opened the floor for a public hearing. There being no further persons to speak on the public hearing, the public hearing was closed. It was moved by Commissioner Holmes, seconded by Commissioner Pigatt for discussion. Vice Mayor Kelley said that he wanted to reference the document from last night on suggestions for getting to the seven hundred and seventy five thousand dollars ($775,000.00) Finance Director Charmaine Parchment said that one of the changes requested was to defund the HR Generalist position by fifty five thousand dollars ($55,000.00) because it was initially budgeted for. There was one senior coordinator from the parks department was also eliminated, but two building maintenance in Public Works were refunded. The budget administrator in the Finance Department, the assistant city manager, and the receptionist was refunded. The receptionist will now play dual roles to include being the receptionist for the Parks & Recreation Department. The ten (10) directors FRS contributions were reverted from 21.77% back to 7.2%; that reduction gave one hundred twelve thousand four hundred forty nine dollars and twenty eight cents ($112,449.28) in savings. The 2, 5, and 10% range amount and adjusted that to increase the range for 5% higher than the original amount and this affected thirty five (35) employees. The 5% cut will be increased for any employees who received a pay increase. Overtime has been cut for all departments. There was a reduction to the Gap Insurance funding for six (6) months. The Community Empowerment Program (CET) has been defunded. All of these adjustments bring the amount to the recommended seven hundred and seventy five thousand dollars ($775,000.00) as advised by the state. Vice Mayor Kelley asked if the defunding of the grant writer position will cause a legal issue moving forward because he received the same email that everyone else received that threatened legal action. City Attorney Brown said that the city has to move forward with day to day services despite someone threatening legal action. Anyone can sue; it does not mean that they can win. If there is a legitimate reason for the manager to make decisions to defund certain positions at the request of the state, then she has to exercise a broad degree of discretion to achieve her goal. He also saw the email that came in from Attorney Pizzi, but it is not for him to respond to every email from everyone who is threatening to sue the City. Vice Mayor Kelley asked the city attorney if there is any legal action that can be taken as a result of this current situation. City Attorney Brown said that he could open the attachment that sent in the email, so he could not respond. He does not have a response as to what course of action he will take. She is alleging three (3) bases for this action: 1. Whistleblower, 2. EEOC, and 3. Retaliation. He will not discuss litigation in a public forum. Special Commission Meeting Minutes—2/16/2017 3 Vice Mayor Kelley said that he just wants a yes or no answer to his question. With regards to the other items and changes concerning personnel, he asked about the employees who received salary increases. Finance Director Charmaine Parchment said that they are still in the process of identifying all of the employees who received increases in the last two years and they will receive the additional cuts. Vice Mayor Kelley asked for clarity on the receptionist who will be dually working for city manager and parks departments. Finance Director Charmaine Parchment said that in the workshop, the receptionist position was defunded, but it was added to this document since the senior's coordinator position in parks was defunded. Vice Mayor Kelley asked how that situation was going to work. City Manager Harrell said that it was decided on an as needed basis. Mr. Brown indicated that there are high volume times when a receptionist is needed. This position would also serve as a floater where there is a need so that the city clerk's office is not flooded with calls. The goal is to have minimal services affected around the City. Commissioner Riley asked if the senior's coordinator position was filled. Finance Director Charmaine Parchment said that it is filled at this moment. Commissioner Riley asked if it is the floater or is that position being eliminated. Finance Director Charmaine Parchment said that the position is being eliminated and the floater will be the receptionist as indicated. Commissioner Riley asked how many senior's coordinators there were. Finance Director Charmaine Parchment said that there are currently two, but one will be defunded. Commissioner Pigatt asked if these changes were written down. Finance Director Charmaine Parchment said that she does not have them with her. Commissioner Pigatt said that wants to see what changes happened from last night until today. It was also noted that there was a senior's coordinator who made more than the director. Finance Director Charmaine Parchment said that the six (6) months that both coordinators worked had to be taken into consideration when calculating the amounts for the remaining person. There being no further discussion, the motion on the ordinance passed by a 5-0 vote. Vice Mayor Kelley Yes Commissioner Riley Yes Special Commission Meeting Minutes—2/16/2017 4 Commissioner Pigatt Yes Vice Mayor Holmes Yes Mayor Taylor Yes Commissioner Riley said that each ordinance must have a public hearing. City Attorney Brown said that historically, the commission allowed public input on the two items since there were only two of them and then they either discussed or voted on it. Neither way is wrong at this time and they can proceed or make a motion. A motion was made to reconsider the item and open the floor for a public hearing. It was moved by Commissioner Holmes, seconded by Commissioner Riley to reconsider the ordinance. There being no discussion, the motion to reconsider the ordinance passed by a 5-0 vote. Vice Mayor Holmes Yes Vice Mayor Kelley Yes Commissioner Riley Yes Commissioner Pigatt Yes Mayor Taylor Yes Mayor Taylor opened the floor for a public hearing. Dorothy Johnson, 14255 NW 22nd Place, said that she heard where the City has budgeted for one hundred and fifty (150) youth for its youth program and she wants to know what youth program they are referring to and is it for Parks and Recreation or the Children's Trust. Who is this funded by? Parks and Recreation Director Charles Brown said that the services are provided in cycles to include afterschool program, athletics, and summer camp; for year round services, there are about four hundred (400) youth. City Manager Harrell asked Mr. Brown about the source of funding for the programs. Parks and Recreation Director Charles Brown said that football was funded through fund raisers and the booster club. The funding for baseball is done through fund raisers as well. Summer camp brings in revenue of about twenty five thousand dollars ($25,000.00) annually. Although the City may fund ten thousand dollars ($10,000.00) for football, the department may bring in twenty five thousand dollars ($25,000.00) and all of those funds are put in the general fund account and the department does not see it in their budget. Mrs. Johnson said she is concerned when she hears some of these things because she has a youth services background. She would like to sit down and meet with the manager. There being no further persons to speak on the public hearing, the public hearing was closed. There being no further discussion, the motion on the ordinance passed by a 5-0 vote. Special Commission Meeting Minutes—2/16/2017 5 Commissioner Pigatt Yes Commissioner Riley Yes Commissioner Holmes Yes Vice Mayor Kelley Yes Mayor Taylor Yes 2. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AMENDING ORDINANCE NO. 16-17 BY AMENDING THE ANNUAL ADOPTED PROPRIETARY AND SPECIAL REVENUE FUND BUDGET FOR THE FISCAL YEAR 2016-2017, COMMENCING OCTOBER 1, 2016, THROUGH SEPTEMBER 30, 2017; PROVIDING FOR THE EXPENDITURE OF FUNDS ESTABLISHED BY THE BUDGET; AUTHORIZING THE CITY MANAGER TO TAKE CERTAIN ACTIONS; PROVIDING FOR APPROPRIATION OF ALL BUDGET EXPENDITURES; PROVIDING FOR FEES CONSISTENT WITH APPROPRIATION AND AMENDMENT; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager The above ordinance was read by title by City Clerk Flores. Mayor Taylor opened the floor for a public hearing. There being no further persons to speak on the public hearing, the public hearing was closed. It was moved by Commissioner Holmes, seconded by Commissioner Riley for discussion. Vice Mayor Kelley said that the numbers have not been put into an agreement for the waste haulers and was it the intent to pass the budget as is. He said that the City does not know how much the waste haulers are going to charge. City Manager Harrell said that the agreements have been forwarded to both waste haulers and the agreement states that the franchise fee is to be twenty eight percent (28%). There is also an allowance for an auditing fee that will be included. There is no number at this time because the City does not know how many commercial accounts it has. That has been one of the nuances with the previous hauler because no information was given that advises the numbers of accounts and the amounts that they were actually collecting from those accounts. The franchise fee is the exact amount as before. If everything remains the same, then the amount should be as with the last waste hauler. Vice Mayor Kelley asked when they will have the numbers to review. City Attorney Brown said that it is his hope that he will have the agreement back by the meeting on the 22nd. If not, they will have to call a meeting at a later date. Commissioner Pigatt said that he shares the vice mayor's concerns. He asked if the amount will change after the fact. Special Commission Meeting Minutes—2/16/2017 6 City Manager Harrell said that the franchise fees will remain at twenty eight percent (28%), but they do not know the number of commercial account holders and will have to wait to receive those numbers from the haulers. Mayor Taylor asked if the haulers can go up on the contract at any time, and if so, will it be between the customer and the hauler. City Attorney Brown said, "No." Once an agreement is in place, then the hauler cannot set rates as they please. They would have to operate under what was set forth in the agreement. If the agreement calls for an increase annually, then that is what it will be. They cannot go outside of the agreement or they will have to come back before the commission for approval of any outside rate increases. Commissioner Riley asked if the reserves for the enterprise funds will be affected because of the changes that have been made. City Manager Harrell said that the reserves have already been filled and no changes are anticipated. Commissioner Riley asked how it will affect the five (5) year plan. City Manager Harrell said that the five (5) year plan is not complete so that has yet to be determined. Mayor Taylor asked who will be monitoring the waste haulers since the previous haulers did not have an account on how many accounts they were servicing. City Manager Harrell said that provisions are being put in place to avoid that from happening again. There being no further discussion, the motion on the ordinance passed by a 5-0 vote. Vice Mayor Kelley Yes Commissioner Riley Yes Commissioner Pigatt Yes Vice Mayor Holmes Yes Mayor Taylor Yes 7. ADJOURNMENT: There being no further business to come before the Commission, it was moved by Commissioner Riley, seconded by Commissioner Holmes to adjourn the meeti at 6:40 p.m. t i YOR ATTEST: Special Commission Meeting Minutes—2/16/2017 7 CITY CLERK Special Commission Meeting Minutes—2/16/2017 8