HomeMy Public PortalAbout10- 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