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10- October 28, 2013 Special Meeting Minutes CITY OF OPA-LOCKA "The Great City" CLERK'S ACTION SUMMARY MINUTES SPECIAL COMMISSION MEETING October 28, 2013 4:00 P.M. City Commission Chambers Sherbondy Village 215 President Barack Obama (Perviz)Avenue Opa-locka, FL 33054 1. ROLL CALL: Mayor Myra L. Taylor called the meeting to order at 4:00 p.m. on Monday, October 28, 2013 in the City Commission Chambers, Sherbondy Village, 215 President Barack Obama(Perviz) Avenue, Opa-locka, Florida. The following members of the City Commission were present: Commissioner Dorothy Johnson, Commissioner Luis B. Santiago, Commissioner Timothy Holmes, Vice Mayor Joseph L. Kelley and Mayor Myra L. Taylor. Also in attendance were: City Manager Kelvin L. Baker, Sr., City Attorney Joseph S. Geller and City Clerk Joanna Flores. 2. INVOCATION: The Invocation was delivered by Mayor Taylor. 3. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was recited in unison. 4. RESOLUTIONS: a) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A REQUEST FOR PROPOSALS TO SELECT A QUALIFIED CONTRACTOR FOR THE REHABILITATION OF THE HISTORIC CITY HALL BUILDING; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M. The above resolution was read by title by City Attorney Geller. It was moved by Commissioner Holmes, seconded by Commissioner Johnson to discuss the resolution. Special Commission Meeting Minutes—10/28/2013 1 Commissioner Johnson asked Manager Baker once the bids come back in, is that when he will form the committee? Manager Baker responded, yes. Note: This portion of the minutes is transcribed in verbatim format. Commissioner Johnson: I have already told the Attorney to bring back a resolution because I am concerned with the structure of the previous committee and how they came about to a resolution. I want to make sure that is in place. This is in reference to the Selection Committee. I will bring legislation forward to help this out. Note: This concludes the verbatim portion of these minutes. Commissioner Santiago asked Manager Baker why there is an emergency meeting called today. Manager Baker said the city is on a very tight schedule. There was a plan to do this as an add-on at the last commission meeting, but by the time the pricing was worked out with the architectural firm the deadline had passed. He would like to see the project completed by the end of 2014. He appreciates the patience and time to move this project along. Commissioner Santiago said if the meeting was due to money having to be spent by a certain deadline; that is not a problem. He is getting complaints from the citizens that they do not have any information about this kind of meeting. He does not see this as an emergency situation. There seems to be time to consider this issue and the citizens watch the Commission to make sure nothing is being done in the dark. He asked Clerk Flores if notices were sent out to the public. Clerk Flores responded, no. A Code Red was done. Commissioner Santiago asked why notices were not sent out. Clerk Flores said the agendas were completed Friday evening at about 6:30 p.m. and it was too late to mail out the agendas. Commissioner Santiago said it was up to his colleagues, but it is his preference to not have a meeting when the citizens do not have access to an agenda, there is too much of a rush on these three items. He would like to know why this cannot be put on the agenda for the next commission meeting. He would like the items to be deferred until the next scheduled Regular Commission Meeting. Commissioner Holmes said that the reason this meeting was called was due to the timing issue that was already explained by Manager Baker. A Code Red was sent out. This project is supposed to start in January and the commission needs to take the time to get this issue addressed. There is no plan to blindside the citizens, this is city business that is necessary to get the project started on time. There being no further discussion, the resolution passed by a 4-1 vote. Special Commission Meeting Minutes—10/28/2013 2 Commissioner Johnson Yes Commissioner Santiago No Vice Mayor Kelley Yes Commissioner Holmes Yes Mayor Taylor Yes b) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH M.C. HARRY & ASSOCIATES, INC., FOR THE FINAL DESIGN AND CONSTRUCTION PHASES OF ARCHITECTURAL AND ENGINEERING SERVICE PLANS; IN AN AMOUNT NOT TO EXCEED $237,600.00, A NON-BUDGETED ITEM; PAYABLE FROM ACCOUNT NUMBER 44-541823; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M. The above resolution was read by title by City Attorney Geller. It was moved by Commissioner Holmes, seconded by Commissioner Johnson to discuss the resolution. Commissioner Johnson asked Manager Baker where the funds for this resolution were going to come from. Manager Baker said the term "non-budgeted item" in the resolution is only there because the money is budgeted, but it comes from an award from the County. This project will be accomplished with the County awarded funds. It is fully funded by the County. Commissioner Johnson asked Attorney Geller to incorporate language to indicate that these funds are coming from the proper source. Attorney Geller said it would be best added in the "Where As" clauses. In the last clause, language could be added to say "TO BE FUNDED IN ITS ENTIRETY BY A GRANT FROM MIAMI-DADE COUNTY". Then Section one would incorporate that by reference. Mayor Taylor asked Attorney Geller to review Section 2 of the resolution. Would the language be better placed in that Section? Attorney Geller said he believes the placement he first suggested is satisfactory. It was moved by Commissioner Holmes, seconded by Vice Mayor Kelley to amend the resolution. There being no further discussion, the amendment on the resolution passed by a 4-1 vote. Commissioner Johnson Yes Commissioner Santiago No Vice Mayor Kelley Yes Special Commission Meeting Minutes—10/28/2013 3 Commissioner Holmes Yes Mayor Taylor Yes Commissioner Johnson asked Manager Baker when the vendor was selected, what part of the project was that for. Manager Baker said during the first phase, they performed an assessment on the damages and what is needed to make necessary repairs. This part deals with the vendor putting together the plans to do the improvements based on their assessment. When they came before the commission last month, they gave a full report on the assessments conducted. Now the plan needs to be put together so a contractor can begin making the actual improvements. Commissioner Johnson asked if the RFP that went out had two phases. Manager Baker said yes, it had multiple phases. Vice Mayor Kelley said that according to communications from the City Manager's office, there may be some funds left over in line item. Manager Baker said yes, it is possible based upon the original estimate. Vice Mayor Kelley said he is looking for funds for the Segal Park gym. He would like it understood that he would like any unused dollars to be allocated to the gym project. Manager Baker said he understands Vice Mayor Kelley's request, but there are other grants that will hopefully be brought in to this project for additional enhancements. There have been meetings with many individuals to convert the building into an art museum or art institute. This has not been decided yet. Vice Mayor Kelley asked Manager Baker if he would like him to hold off amending the resolution to allocate funds until the project is further completed. Manager Baker said yes. When the bids come back, it is unknown if they will be higher or lower than the current estimate. It is premature at this point to make that decision. Vice Mayor Kelley said he will be following the funding closely. He knows there are other projects that need funding as well. He will hold off on an amendment at this time. Commissioner Santiago asked Manager Baker about an October 21st memorandum. The memo indicates the project is budgeted. Where is this line item budgeted? Manager Baker said it is due to a $2,000,000.00 grant that is not a budgeted item. It is a grant that was awarded through Miami-Dade County. The funds will be drawn down from the County's budget on this particular item. Commissioner Santiago said Faye Douglas requested on October 25th that the City Clerk not make this a budgeted item. Special Commission Meeting Minutes—10/28/2013 4 Manager Baker said that is correct, because the funds are coming from the County's budget. It is not in the city's budget. The funds have not been brought over to the city's budget at this point. Commissioner Santiago said he wants to be sure that the city does not have to pay any funds from its budget for this project. He is concerned since there have already been significant costs associated with this project. Note: This portion of the minutes is transcribed in verbatim format. Manager Baker: I think we will be okay. Because we are depending on all of the grant dollars that are available and will be available for this historical structure. I think we are going to be okay, but what is really critical now is to complete the design and release the design out to get bids in so we can begin the construction". Note: This concludes the verbatim portion of these minutes. Commissioner Johnson asked to have Manager Baker's response to Commissioner Santiago verbatim on the record. She would like to have an amendment on the motion to indicate the money will be coming from Miami-Dade County and that the money set aside for Segal Park will be coming from grants. Attorney Geller said the amendment that the commission just adopted amended the 3rd "Where As" clause in the resolution to state "TO BE FUNDED IN ITS ENTIRETY BY A GRANT FROM MIAMI-DADE COUNTY". He requested clarification as to what else Commissioner Johnson would like to add. Commissioner Johnson said she would like further language to include additional grant money mentioned by Manager Baker. Manager Baker said the city is pursuing and has gotten favorable response to provide additional funding for the historical site. As the approvals come in they will be brought forward to be adopted by the commission. Commissioner Johnson said that there is the Community Development Block Grant (CDBG) and other identified sources that Manager Baker is looking into. She would like those added into the legislation. Attorney Geller said he would be glad to do so, but it is his understanding that those additional pots of money are not what is funding this specific final design and construction plan. The other funds the City Manager is looking at might be for other purposes to further enhance the building when it is done. These particular plans are funded by a grant from Miami-Dade County. Commissioner Johnson asked Manager Baker if the money from the CDBG will pay the firm M.C. Harry & Associates, Inc. Manager Baker said that is correct. Special Commission Meeting Minutes—10/28/2013 5 Commissioner Johnson said it was her understanding that the money could also be lined for Segal Park. Manager Baker said he is not aware of that, although it may have happened before his time. Commissioner Johnson said she would read from a Financial Impact that was provided by Bryan Finnie on April 2nd 2012, which states "Financial Impact, the engineering services will be for the rehabilitation of Old City Hall for FY 2012. Funding for the engineering services will come from CDBG dollars assigned to Segal Park if it is approved by the City Commission." She said this was approved; the money was available and allotted for Segal Park in FY 2012. The funds were not used. Now they are being used because they all line up together. Manager Baker said Commissioner Johnson is correct. Commissioner Johnson said to Attorney Geller that she would like him to add this verbiage in the legislation. Attorney Geller asked Commissioner Johnson exactly what she would like to be included. Commissioner Johnson said it would be that the CDBG funds assigned to Segal Park would be transferred back to Segal Park. Manager Baker said that obviously there were some dollars that were moved around a year or so ago. However, the County has a line item for Historic City Hall, and that line item says $2,000,000.00. There is a line item for Segal Park that says $2,700,000.00. In this case here, the city is spending the $2,000,000.00 that has been set aside for Historic City Hall. Commissioner Johnson asked Manager Baker where any unused funds would go. Manager Baker said the unused funds would go back to the County. Commissioner Johnson asked Manager Baker for clarification that the funds cannot be used for anything else except Historic City Hall. Manager Baker said that is correct. Commissioner Holmes said in the last workshop that it was stated that the County had $2,000,000.00 in the budget for Historic Old City Hall. It will probably cost around $2,500,000.00. He asked how long the company had been working on the project and he was told it was February of last year. The work needs to move forward. Commissioner Johnson said she will not need an amendment and appreciates the clarification from Manager Baker. Special Commission Meeting Minutes—10/28/2013 6 There being no further discussion, the amendment passed by a 4-1 vote. Vice Mayor Kelley Yes Commissioner Johnson Yes Commissioner Santiago No Commissioner Holmes Yes Mayor Taylor Yes There being no discussion, the resolution passed by a 4-1 vote. Commissioner Holmes Yes Vice Mayor Kelley Yes Commissioner Johnson Yes Commissioner Santiago No Mayor Taylor Yes c) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE PROPERTIES LOCATED AT 100 PERVIZ AVENUE (FOLIO 08-2121-004-1300), 103 PERVIZ AVENUE (FOLIO 08-2121-004-1290), AND 111 PERVIZ AVENUE (FOLIO 08-2121-005-0320), FOR THE DESIGN AND CONSTRUCTION OF A NEW CITY HALL, IN AN AMOUNT NOT TO EXCEED $325,000.00, AS A NON-BUDGETED ITEM, PAYABLE FROM ACCOUNT NUMBER 19-519440, SUBJECT TO AVAILABLE FUNDING; PROVIDING REVIEW OF PURCHASE AGREEMENT BY THE CITY ATTORNEY; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M. The above resolution was read by title by City Attorney Geller. It was moved by Commissioner Holmes, seconded by Vice Mayor Kelley to discuss the resolution. Vice Mayor Kelley asked if this part of the package of funding is included in the funding that has been received. Manager Baker said that is correct. Vice Mayor Kelley asked if the intent of the funding is to purchase this property. Manager Baker said that is correct. Vice Mayor Kelley said he is in support of building the City Hall. He is not thrilled with the price but understands how supply and demand works. He wants to move forward, but he does not like non-budgeted items. This is a step in the right direction. Commissioner Santiago asked Manager Baker how he got the pricing for the location and who made the appraisal. Special Commission Meeting Minutes—10/28/2013 7 Manager Baker said the pricing is a result of negotiation sessions that were conducted with the property owner. The appraisals range from a high of $350,000.00 to a low of $190,000.00. There was a considerable amount of time spent with the property owner getting the price as low as possible. A week ago an impasse was reached on the price and it was decided to proceed with the purchase. Commissioner Santiago asked who decided on the price. Manager Baker said he and his staff made the decision, and that is what is being brought forward as a recommendation. Commissioner Santiago said it appears that the property owner is deciding the price. He knows the land out there does not cost that kind of money. He would like to see the city build a City Hall, but the city needs to be careful and not hurt the city in the future with regard to the budget. He would like to get an appraisal from the city, and not base the price on the owner's appraisal. There is property nearby that is selling for much less and he does not understand the pricing structure. In addition, he is concerned about historic designation and wants to know if Manager Baker knows for certain if the building can be demolished. Manager Baker said that decision will be left to the commission in terms of when the architectural plans are designed. If the city wants to utilize a portion of the building that is standing, that is up to the commission. Commissioner Santiago said the property must be purchased first. It may be years to get the permits and get the demolition done, and that is very risky. There is a lot of land available in the city. He knows the City Hall needs to be built, but there are other options, therefore, he cannot support this. Commissioner Holmes said a few years ago the same land that is proposed to be bought for $325,000.00 could have been bought for $100,000.00, but the city did not do it. He thinks the price of $325,000.00 is reasonable and he is glad the price is not higher. The owner wanted $400,000.00. This needs to be moved forward to get this done for the city's future. Commissioner Johnson said to Attorney Geller that the package appears to be created for another client. She referenced page 23 in the big package. She also said several quick deeds were done on the property. Commissioner Johnson asked why a Summary Appraisal Report for another client was included in the package. Manager Baker said the document was requested by the city and is a copy from the property owner. All of their documentation was requested and that is why it is included, so it can be reviewed. Commissioner Johnson asked if this client was the only client that inquired about this property. Special Commission Meeting Minutes—10/28/2013 8 Manager Baker said he is not sure if it is the only inquiry, the property owner made reference to this appraisal that had been done and he wanted to see it. What the commission is seeing is what was provided to him, which is from 2012. Commissioner Johnson asked Attorney Geller about the history of the quick deed on the property. Attorney Geller said as a part of the purchase, a Title Search Report would be conducted. The report would show whether or not the owner has clear title to the property. This would not occur until the commission decided to go forward with the proposed purchase and authorize a purchase offer to be extended. The Title Report would be done by the title company. It would summarize all of the transactions and would make sure that the Seller has clear title. Commissioner Johnson asked if the quick deed on the property included in the package has been checked out. Attorney Geller said no. That would be done as part of a purchase transaction once it is authorized by the commission. One of the provisions of the proposed purchase is that the Seller provides the city evidence that they have clear title. The title company would verify this. Commissioner Johnson asked Attorney Geller about any knowledge regarding demolition on the property. Has any research been done to determine demolition requirements, as the building is over 50 years old? What legal research has been done regarding tearing down the building? Note: This portion of the minutes is transcribed in verbatim format. Attorney Geller: My understanding is that the Manager has indicated that if there is an issue with that, that the façade would be incorporated. So that is a design decision. Manager Baker: The desire is that when the city gets into the design, the architect would analyze and bring forth recommendations, the commission will decide. Historically, with historical sites, normally they are analyzed and assessed. If there are parts of the structure that can be repaired and restored, there is a mechanism for doing that. In some cases, the concrete and everything is so brittle that it is impossible to make it safe. In those cases, there is a report prepared to confirm that and then decisions are made to demolish certain parts of the project. We are just not there yet. And we have no control of the site to do any types of analysis of that nature. Note: This concludes the verbatim portion of these minutes. Commissioner Johnson asked Manager Baker what the urgency is regarding the building, especially with regard to due diligence on the building. She would also like it put on the record whether or not a contractor has been selected. Manager Baker said no contractor has been approved to do this. It is a commission decision. If there are problems with the building, it would be brought to the commission. Special Commission Meeting Minutes—10/28/2013 9 Right now the city has no control or authority to go on the property and start taking cores from the structure because it has a private owner. Commissioner Johnson referred to the Appraisal (#14) and would like to know why due diligence was not conducted prior to bringing this item to the commission. To conduct it after the fact seems to be unfair and unethical. Manager Baker said it is in the city's best interest to determine that this is a piece of property that the city wants and that the commission wants. Note: This portion of the minutes is transcribed in verbatim format. Commissioner Johnson: I cannot support this. You are not the first Manager that looked at that particular property. Every Commissioner up here except for one has known of this property. I would like for both my comments, and the Manager and the Attorney to be verbatim, because I got something else in my pocket. And I want to make sure that it is on the record and that everyone was aware of it prior to now. And so let me make sure I ask my last question. Have you looked at any design for that particular property yet Mr. Manager? Manager Baker: No, Ma'am. Commissioner Johnson: Have any of your staff that you know of? Manager Baker: No, Ma'am. Commissioner Johnson: Have any of your prior staff that you know of? Manager Baker: I couldn't answer that. Commissioner Johnson: So, you don't know? Manager Baker: No, Ma'am. Note: This concludes the verbatim portion of these minutes. Vice Mayor Kelley said he understands this property has a history and has gone back and forth. This issue comes down to finding a place to build City Hall. This is just a first step and authorizes the City Manager to negotiate with this price. When looking at real estate areas building up and the transit oriented boundaries that have been passed that add value to certain areas, this should be considered. When he looked at the package and saw an appraisal from the County at $316,000.00, the price being considered is in the range. If the City Manager proceeds and discovers that something is wrong with the environment or other issues, he will bring it back to the commission. The language in the resolution gives him some comfort from the non-budget standpoint. The city needs to move forward and the City Manager needs to get authorization to move forward with this first step in the process. A lot of properties in the city are already increasing and are going to continue to increase in value in the future. Special Commission Meeting Minutes—10/28/2013 10 There being no further discussion, the resolution passed by a 3-2 vote. Commissioner Johnson No Commissioner Santiago No Vice Mayor Kelley Yes Commissioner Holmes Yes Mayor Taylor Yes 5. ADJOURNMENT: There being no further business to come before the Commission, it was moved by Commissioner Johnson, seconded by Vice Mayor Kelley to adjourn the meeting at 5:00 p.m. M; frR ATTEST: CITY CLERK Special Commission Meeting Minutes—10/28/2013 11