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HomeMy Public PortalAbout07- July 30, 2014 Special Commission Meeting Minutes CITY OF OPA-LOCKA "The Great City" CLERK'S ACTION SUMMARY MINUTES SPECIAL COMMISSION MEETING July 30,2014 5:01 P.M. City Commission Chambers at Sherbondy Village 215 President Barack Obama (Perviz)Avenue Opa-locka, FL 33054 1. CALL TO ORDER: Mayor Myra L. Taylor called the meeting to order at 5:01 p.m. on Wednesday, July 30, 2014 in the City Commission Chambers 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 Joseph L. Kelley, Commissioner Dorothy Johnson, Commissioner Timothy Holmes, 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. Commissioner Luis B. Santiago arrived at 5:02 p.m. 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: Note: This portion of the minutes is transcribed in verbatim form. 1. Patricia Ellis of 1146 Dunad Avenue, Opa-locka, Florida, appeared before the City Commission. This is so many resolutions to try to read before coming up here. I don't know if notice was given but I understand that there is one resolution that I am particularly concerned about and it is number 3. Now my understanding is Wednesday when you had your regular Commission Meeting you had a resolution on the agenda and the Commission voted it up meaning that you approved it. Now I am reading something under number 3 that changes the language of that resolution. I am concerned, very concerned this is a democracy and we do not live in a communist country. 1 have had people to fire me, I had people to terminate me and I took it like a big dog. Seventeen years ago two of you that sits up there now if you recall, February 1997 me with a baby in my arm told me to leave and I left, I put my head up in the air and I left. If it's time for Special Commission Meeting Minutes—07/30/2014 1 somebody to leave then they should leave honorably, not try to undermine the people. The people are the government, not you guys sitting up there. We elect you, you use our tax dollars to run this thing so I don't know where or when or how or if the attorney approved this, but this is unconstitutional and I will be number 1 in line to fight it all the way to the end. Thank you and have a good evening. 2. Dante Starks of (Inaudible Address), appeared before the City Commission. Madam Mayor, Vice Mayor and Commission first of let me start off by congratulating Vice Mayor Kelley for resolution number 1. I am glad we are trying to put some teeth into that situation and I want to thank you publicly for your stance on that. Secondly let me just state up to the first three resolutions that were pre advertised after that I don't know how we got to 4 through 11. I went to City Hall yesterday at 5:00 o'clock and this was not available for the public and this is a lot of material to go over. The first speaker just said we are in a democracy, we got to do things right, it wasn't advertised and it wasn't put out in time and now we have 11 items on the agenda, it's not right. We knew about 1, 2, and 3 how it didn't get done, why it wasn't advertised for the people. People sitting at their house and they don't know we here now running a special meeting. Number 3 the millage rate is ridiculous we talked about this if we are going forth with the annexation, now we hiking up the millage rate and this is the number 1 thing the county has against us expanding and we going in the opposite direction. The whole agenda flipped around, now we have 3 with 4 and 5.......you know. The problem is the millage rate; the first two with Vice Mayor Kelley was already advertised along with the millage. Everything else has been added on so I guess we are going to use the 415 votes to add this to the agenda Madam Mayor if we going to do it right. Number 5 you got an award that goes down to the number 2 and bi-pass number 1, there's a whole new procurement process. We have number 6 which is great, number 7 is much needed with all the stuff we have but it has no line item, how much is this going to cost us, where is the money coming from, what is the hours, what is the capacity they are working with in addition to staff and the rest of them are self-explanatory we understand we need these projects. The biggest problem with the capital projects, to the Elected Officials there is not one project in a residential area. We know the businesses need.....you don't have a sidewalk, a palm tree, you don't have anything going on in the residential area under all these projects that's zoned out, nothing in the book in a residential area and these are the people that selected you all to sit up here. Now we know the business industry is important, but when these people walk out of their front door nothing out of the $40 Million Dollars is to the residents, something is not right. 3. Deborah Irby of 14202 NW 17th Avenue, Opa-locka, Florida, appeared before the City Commission. I want to talk about resolution number 4 the millage rate. I see that on the resolution title here we are going from 8.5 to 8.9 and we need to go even lower than that in order to attract new businesses, get new revenue, and it will even help the citizen's property value. I think the millage should go down to 7.9 which will help the citizens because you have the $40 Million Dollar infrastructure project and that has to be paid back and that will double the water rates and make them double so we have to do a little more thinking on that. Also, resolution number 4 the people have spoken you received the petitions, you already passed the resolution to be placed on the ballot from the committee who sponsored the petition and we don't want to go around confusing citizens. I have a few more items to mention but thank you very much. Special Commission Meeting Minutes—07/30/2014 2 4. Terence Pinder of 250 Sabur Lane, Opa-locka, Florida, appeared before the City Commission. Also resolution number 4, the last couple of meetings we asked the Manager to do a couple of things. We asked the Manager to do a couple of things. We asked the Manager to give the city employees raises, we've asked him to improve some services then we came back and found out that the appraised Miami-Dade County is beyond low so 8.9 is not a 8.9 in a regular city so.....1 know we in an election year and you want to decrease taxes, you want to tell the people that......but we came a couple of commission meetings ago and we lowered the sanitation cost, we put savings on to that. We also lowered the sanitation bill, garbage bill with our businesses. In a business stand point we are going to have to make a decision. Can the Manager do everything this commission wants to do with 8.9 my answer is probably no, do we cap it off because if we go 8.9 now we can't go lower. Do we set it higher and work our way down, do we have the answers about the union, the PBA, do we have those answers yet, do we have our audit report. 8.9 at a $2.4 Million Dollar deficit, do we accomplish anything or we push the deficit to another year after the election. Well tonight we are going to make a very hard decision; we are going to have to ask some very hard questions. If everything we want to do in our plans, plan our work, work our plan, without a plan the people will perish. Is the answer tonight here, I will think no, so I don't know what we are going to do. You all are our Elected Officials, but if you ask the administration to do something are they giving us what we need for the answer, don't make me feel good. I want to make sure that the proof is in the pudding. I understand staff hands are tied giving you the answers you want to have, but now we are going to have to make some real deep decisions. Thank you and God Bless You. 5. Johnnie Greene of 2091 Wilmington Street, Opa-locka, Florida, appeared before the City Commission. As I look at number 3 the citizens have voted, well the citizens we went out and filled out petitions for what we wanted, now this is a slap in the face if you love the city you will not approve this because the citizens has already spoken. We want exactly what we had and that's what we want. We don't want nothing else, but if you love the great City of Opa-locka like you say you do you will not do this. This is a slap in the face to the citizens and I want you to think about it, I want you think about what has happened in this city. I been in this city 50 years plus and some of the things I been concerned about has not been addressed and some of the same folk are up there so we need a change in the city. It's not looking at nobody in particular but we need a change and this is not what we want. Thank you. 6. Jeannette Arline of 2324 Service Road, Opa-locka, Florida, appeared before the City Commission. Good evening Mayor and Commission I want to talk about number 3. I was one of the few that walked around and got petitions signed to get a better amendment for the people and we got those signatures so I'm trying to see which signature is right our or yours. Can we get what we want sometimes and that's what I want to know can the citizens of Opa-locka get something that they want, they implemented into the amendment. Mayor Taylor: I understand thank you very much. Note: This concludes the verbatim portion of these minutes. Special Commission Meeting Minutes—07/30/2014 3 6. RESOLUTIONS: 1. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, DIRECTING THE CITY MANAGER TO WITHHOLD ANY APPROVALS OF THE PROPOSED TOWN CENTER PHASE 2 PROJECT UNTIL FURTHER ACTION BY THE CITY COMMISSION; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by J.K. The above resolution was read by title by Attorney Geller. It was moved by Vice Mayor Kelley, seconded by Commissioner Santiago to pass the resolution. Vice Mayor Kelley said he sponsored the legislation because he has concerns with some of the things that are taken place at the new Seniors Complex and he does not want the same thing to occur that have been happening in the city. He said he does not want to go into specifics with the challenges, but he spoke to the City Manager and he can provide his concerns to the rest of the Commission. This resolution is directing the City Manager to put a hold on any approvals of anything pertaining to Phase 2 until some of the concerns are addressed. He has received numerous complaints and he has great concerns. Commissioner Santiago said he supports this legislation and he personally witnessed people coming before the City Commission making promises for things they never did. He said someone went to the Senior Complex to get an application and they never got a response. Commissioner Johnson said she echoes the comments made by her colleagues, however, she asked that the concerns be routed to the City Clerk or the City Manager to allow everyone an opportunity to weigh in. She was concerned when she was told someone had to pay a deposit to be placed on the waiting list. In addition, she has great concerns because when the project was first brought to the City Commission it was for Senior Citizens, now anyone can occupy the dwellings. Vice Mayor Kelley said the legislation will allow everything to freeze and allow the City Manager to address all the concerns of the City Commission. In addition, the legislation will let the developer know the city is not happy with what has happened previously and what was promised. Commissioner Holmes said a few meetings ago he brought it to everyone attention that he was told a lot of young people live in the building. There being no further discussion, the motion passed by a 5-0 vote. Commissioner Johnson Yes Commissioner Santiago Yes Commissioner Holmes Yes Vice Mayor Kelley Yes Special Commission Meeting Minutes—07/30/2014 4 Mayor Taylor Yes 2. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, APPROVING THE PROCESS OF ADOPTING THE REVISIONS TO THE FIVE (5) YEAR STRATEGIC PLAN IN TANDEM WITH ADOPTION OF THE BUDGET; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by J.K. The above resolution was read by title by Attorney Geller. It was moved by Vice Mayor Kelley, seconded by Commissioner Johnson to pass the resolution. Commissioner Johnson said she is in support of the legislation, but to the sponsor, she asked are they looking at 2015-2020? Vice Mayor Kelley said he asked for the legislation to read "Adopting the Revisions" because some of the time frames were changed and he wants it to be in sync with what was presented. Commissioner Johnson said to the City Manager her heartburn is that the document is outdated; therefore, she will like to see the revisions from the workshop incorporated and adopted. There being no further discussion, the motion passed by a 5-0 vote. Commissioner Santiago Yes Commissioner Holmes Yes Vice Mayor Kelley Yes Commissioner Johnson Yes Mayor Taylor Yes 3. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, APPROVING, SETTING FORTH AND SUBMITTING TO THE ELECTORATE A PROPOSED CHARTER AMENDMENT, AMENDING ARTICLE II OF THE CHARTER OF THE CITY OF OPA-LOCKA, FLORIDA, BY LIMITING THE TERMS OF OFFICE FOR THE MAYOR AND COMMISSION TO EIGHT (8) CONSECUTIVE YEARS; CALLING AND PROVIDING FOR REFERENDUM SPECIAL ELECTION TO BE HELD ON NOVEMBER 4, 2014, FOR THE PURPOSE OF SUBMITTING SAID CHARTER AMENDMENT TO THE ELECTORATE AT SAID REFERENDUM; FURTHER DIRECTING THE CITY CLERK TO CAUSE A CERTIFIED COPY OF THE HEREIN RESOLUTION TO BE DELIVERED TO THE SUPERVISOR OF ELECTIONS OF MIAMI-DADE COUNTY, FLORIDA; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by T.H. The above resolution was read by title by Attorney Geller. Special Commission Meeting Minutes—07/30/2014 5 It was moved by Commissioner Holmes, seconded by Commissioner Santiago to pass the resolution. Note: This portion of the minutes is transcribed in verbatim form. Commissioner Johnson: To my colleagues 1 think at this point in the 21st Century the people have spoken and I feel shameful that it had to go that far for the people to speak and I think it's not really good government to now come back and bring a revision to what the people want. The current one, it affects me I'm going to be alright however way I choose but if the people have spoken I am under the impression that the people is going to vote in November so I think right now when we have already came to a conclusion by 3 to 1 and I think now to come back,just from yesterday the information was provided late and look how many residents are here. I'm not talking about staff, I'm talking about concerned people that went out and did whatever they had to do to say you know what this is how we want our government to be ran. So I am not going to support it at this time neither will I support it in the future. I'm going to stick to be the voice of the people and they have spoken and under the bills of right....I don't know Mr. Attorney how this can come now and I'm putting it on the record I did call you this morning after I got some calls and what was your reply? Attorney Geller: That the Commission has the right to put it on but it is not obligated to put it on, it is discretionary with the Commission and that in the event that both items are on whichever gets the most votes would control over the other even if both were to pass. Commissioner Johnson: So I want my colleagues to think about the concerns of the people and I think we are the voice for the people and we need to give them the respect that is due to them. Commissioner Santiago: I share the same idea not from my colleague only but from the citizens that came here today as fast as they can because they have the information late about this particular meeting with all these items here. I can say early yesterday I received a call, maybe early Monday and that call woke me up to change the time for this meeting and I see that very strange. I really don't like to play those kind of games especially with citizens. At 1:00 p.m. we are not going to see so many residents come from work, everybody come after 3 or 4 o'clock and whoever that is here rushed to this meeting because they want to defend the rights they have. The last lady that talked asked a question and nobody answered but I'm going to answer that question to you. Yes, you have the right to sign, to talk, and to vote for your rights, Yes you have right to do and nobody can tell you what to do. The citizens is the people that bring us here and they are the people that will decide to bring you back, send you home, or keep you here. In 2016 if God gives me the will to stay here please you make your decision if I do good, good but if I'm doing bad just do the right thing to remove me from my seat and send me home. This is not too much to talk about; it's the right for the citizens that we have to defend. Commissioner Holmes: I'm hearing certain comments being made about being in a world of democracy; we have the right to do this and a right to do that as long as it's within the law. Mr. Geller you prepared this resolution explain to the people here what's the difference in this one and the one already passed. Special Commission Meeting Minutes—07/30/2014 Attorney Geller: This one does not provide for any retroactive effect. Commissioner Holmes: It was brought to my attention that the first resolution was being targeted for people up here and I'm not going to elaborate on it. You say you want a choice, if you are not targeting people up here this particular resolution here will give you the choice to vote for your two term limits that whoever run starting after November 4th of this year will only run for two 4 term years so the resolution don't take away your rights or anything it just take away and put fairness into your right and understanding and truth. Don't be misled and misguided for people to go out there and get you to sign stuff and don't explain to you the whole reason of what you signing, just tell you something so they can get you to sign it and walk away, but anyway all this will happen in the future. Thank you very much and Madam Clerk I want all of this verbatim. There being no further discussion, the motion failed by a 4-1 vote. Vice Mayor Kelley No Commissioner Johnson No Commissioner Holmes Yes Commissioner Santiago No Mayor Taylor No 4. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, SETTING THE PROPOSED MILLAGE RATE OF 8.9000 OF AD VALOREM TAXES FOR THE CITY OF OPA-LOCKA, FLORIDA, AS REQUIRED BY LAW, FOR THE BUDGET FOR FISCAL YEAR 2014-2015; ESTABLISHING THE DATE, TIME AND PLACE FOR THE FIRST AND FINAL PUBLIC HEARINGS TO CONSIDER THE PROPOSED MILLAGE RATE AND TENTATIVE BUDGET FOR FY 2014-2015; AND DIRECTING THE CITY MANAGER TO FORWARD COPY OF THIS RESOLUTION TO THE MIAMI-DADE COUNTY PROPERTY APPRAISER; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M. The above resolution was read by title by Attorney Geller. It was moved by Commissioner Santiago, seconded by Commissioner Johnson to pass the resolution. Attorney Geller read section 2 of the resolution into the record: The proposed tax levy and millage rate for the City of Opa-locka, Florida for Fiscal Year 2014-15, commencing October 1, 2014, through September 30, 2015, is hereby proposed to be 8.9000 mills, which is $8.9000 per $1,000.00 of assessed property value within the City of Opa-locka. This represents a 4.15% increase over the rolled-back rate of 8.5454 mills, which is $8.5454 per$1,000 of assessed property value within the City of Opa-locka. It was moved by Commissioner Santiago, seconded by Commissioner Johnson to pass the resolution. Commissioner Johnson said normally you vote high and look to bring it down, but through her research she noticed the city did not bring it down. She said she does not Special Commission Meeting Minutes—07/30/2014 7 want to say one thing then do something else. This is going to be a great impact on the citizens, they already know they have to increase the stormwater rates and Miami-Dade County is going up on its water which will be an impact on the city. She is not going to support the legislation in its fashion. She said she would like to see the millage rate set at 8.0. Commissioner Santiago said he would like to support this legislation, but it needs to be amended to reduce the millage rate to 7.5. He asked what is the city's current millage rate? Faye Douglas, Budget Administrator appeared before the City Commission and said the city's current millage rate is 9.0890. Manager Baker said this is the third year that the city continued to lower the millage rate to be compatible with other cities. Tonight he is requesting to set the ceiling, meaning from this point they will only be able to reduce the millage. Mayor Taylor directed the City Manager to explain to the citizens what the millage rate means to them. Ms. Douglas said this is the ceiling that the millage rate will be set at, but it can always go lower. Looking at the property values of 8.9 per thousand dollar value of the property so you will have to look at each individual property to see what that impact is. Even though the city's property value did go up by .02% they are barely on the positive side after five year and they are still close to 20% lower than they were 5-6 years ago. Mayor Taylor asked will the citizens' water, sewer, or taxes increase? Ms. Douglas said if it is, yes it's very slightly because of the property values. The city's revenue is not impacted; it's less than a percentage increase. Manager Baker said State has established a roll back rate and these rates are what were put in place during the property tax reform and the roll back rate is 8.5454 based on what the city actually received last year. Commissioner Santiago said the question was asked, will the citizens be affected by the millage rate. He asked, what will be the impact to the citizens? Ms. Douglas said she gave her best answer because it depends on the property value. Commissioner Johnson said she finds it hard to say that the property value will go down because everyone property value is different. She asked is the City of Opa-locka's millage rate less or more than any other municipality in the State of Florida? Special Commission Meeting Minutes—07/30/2014 8 Manager Baker said the City of Opa-locka's millage rate is higher. The cap is ten and the city is currently at nine so there's not much room to go up before the State of Florida will have to approve the millage rate going above the cap. Commissioner Johnson said the city needs to show an impact and the citizens have to be able to feel it because it has to balance. She asked, what great impact will this have on the budget? Manager Baker said it brings down the received revenue dollars so ultimately the property owners pay slightly less. Mayor Taylor asked, how does the City of Opa-locka compare to other cities of the same size? Manager Baker said the city's millage rate is higher than other compatible cities. Vice Mayor Kelley said after looking at the numbers the reality is even if the millage rate is set at 8.9 it's still a deduction in revenue by $227,000 which the City Manager has to make up in addition to other concerns raised with the unions and health insurance. According to staff summary, the proposed millage rate will be a 4.15 increase, but zero in terms of calculations when you take into consideration the roll back rate. He asked is that the analysis? Manager Baker replied, yes. Vice Mayor Kelley said that's where the challenge is because on one hand it says basically a 4.15 increase, but then the analysis says it will be considered a zero tax increase. He said please keep in mind if the millage rate goes down to 7.5 or 8.0 it will be less on the revenue side. In his opinion it will still be a challenge with 8.9 considering the employees' health insurance and some of the other increases previously mentioned. His preference is to stay at 8.9 and work towards lowering the millage rate because if you go down to 7.5 or 8.0 it may be very challenging. Commissioner Holmes said they all live in Miami-Dade County and he has been living in Opa-locka for 30 years. He asked the citizens to keep in mind that there are a lot of homes in Opa-locka that are not on the tax roll and that has an impact on the city's taxes. With that being said, he trusts the City Manager to come up with a decent figure for the taxes and he supports his decisions. Commissioner Johnson said she would like to recommend an amendment to set the tentative millage rate at 8.0. Mayor Taylor requested that staff calculate what 8.0 will mean to the budget. Commissioner Johnson said she understands the bottom line will be impacted, but they need to work the budget smarter. She knows the AFSCME employees have not received an increase since 2009 and that will have an impact on the budget. She said she does respect the City Manager's opinion, but she does not see what she knows being placed on Special Commission Meeting Minutes—07/30/2014 9 the record. She does not see where this is drastic and she knows they will still need other increases. Mayor Taylor said 8.9 taxes will remain the same, but there is a $200,000 reduction in money coming to the city. Ms. Douglas said setting the millage rate at 8.9 will give the same amount of revenue as it is now. Manager Baker explained that this number is extremely ambitious, if you lower this number he will have to lay off employees and he will have to cut back. He is working to bring the numbers down. With all the projects that are out and the possibility of bringing on a neighboring community, he thinks this is the right way from a strategic stand point. What they are doing tonight is establishing a ceiling, they can go lower, but once you set the ceiling you cannot go higher. He said if the City Commission chose to make the millage rate lower that will tie his hands and he will not be able to do much of anything. 75% of the budget is personnel so if the millage is too low all he can do is deal with the personnel issues which he is trying to work through all the other challenges. Commissioner Johnson said she would not like to put it out that they need to terminate employees. They need to stop giving increases to the top salary, stop hiring temporary staff, and collect all debt owed to the city. She said if the City Manager is telling her and she feels comfortable with what he's saying then she would like to make an amendment that the City Manager will make a strong recommendation of how he will reduce the number before the first budget hearing. Manager Baker said he is dealing with 2.4 plus other items that some of the elected officials have asked him to do and there's only so many dollars he has to work with. Commissioner Johnson said she has heartburn when she requests a copy of a PA Form and she sees people getting $5,000 and $10,000 increases when the person that actually works gets nothing. Commissioner Santiago said he supports the idea of 8.0 because they cannot raise the citizen's taxes to help the city's budget. It will be a great idea to reduce the expenses in every department. Commissioner Holmes said this is an election year and he told the citizens to not let the City Commission play games with their livelihood and play games with the city. Anytime there is an election you will hear a lot of dialogue from people that's not on the dais. The City Manager is doing the best he can with what he has to work with and one of the ways to reduce the budget is stop having events that impacts the city's budget. Commissioner Santiago said for the record, some of the events are part of the budget and he raised money for the 4th of July event. Manager Baker said he is working with $2.4 Million and any deductions will bring that number up. He is working towards balancing the budget, it's a tall order and he will get there but if the number is lowered it will be challenging. Special Commission Meeting Minutes—07/30/2014 10 Mayor Taylor asked the City Manager is he recommending keeping the number at 8.9? Manager Baker replied, yes. Vice Mayor Kelley said Commissioner Johnson was referencing 8.0, but the City Manager is saying he will have to lay off employees. He said he was waiting to hear a response from the City Attorney before he make further comments because he knows if you set it at 8.0 it will come down to if the City Manager can manage and he wants to know what that number will be. He said to the City Attorney, Commissioner Johnson asked a reference point of how you can galvanize her comments into a directive to the City Manager. Attorney Geller said as he understood the word that Commissioner Johnson used; she said with a strong recommendation, she did not use the word directive, that can certainly be done. The only thing is, it will have to be done in two motions because the city has to submit a clean resolution setting the millage rate to Miami-Dade County, but to accomplish Commissioner Johnson's purpose she can have a second resolution. It will have to be a companion resolution which the City Commission is privileged to introduce and pass. Ms. Douglas said she does not have the exact number, but if they decide to go to the rollback rate it will be a decrease of$227,380 in ad valorem tax revenue. Vice Mayor Kelley asked Ms. Douglas is she saying the amount is doubled in a general sense? Ms. Douglas said correct. Vice Mayor Kelley said the question becomes if you go down to 8.0 what will be the impact? Ms. Douglas said the city's property values are low. Someone called her complaining that they owned a property in Bal Harbor and property in Opa-locka, but the people have to look at the property value. Vice Mayor Kelley said he does not want to tie their hands to go lower because he thinks all of his colleagues mentioned their concern to help the employees and they know the insurance cost is sitting out there and they don't know those numbers. Commissioner Johnson said she want all of her colleagues to know that the city spent $355,000 on the gateway and it looks beautiful, but she think staff should have weighed in and told the City Commission that it wasn't the right time. She said the City Manager has not given her a comfort level that he can come back with a reduction to 8.0, therefore she will make a suggestion that all top staff take a salary reduction. Special Commission Meeting Minutes—07/30/2014 11 Mayor Taylor asked the City Manager to give the Commissioner a level of comfort with the millage rate. Manager Baker said he does not know how to say it again, but they are in trouble and it's only a certain amount of money the city has and the demands are great. The gateway was PTP dollars and you cannot use that for personnel, that's for transit related items. He said he works for the City Commission and he wants everyone to be on the same page. He provided a number that's already a challenge for him and going lower will be a challenge for the city. There being no further discussion, the motion passed by a 5-0 vote. Vice Mayor Kelley Yes Commissioner Johnson Yes Commissioner Santiago Yes Commissioner Holmes Yes Mayor Taylor Yes It was moved by Commissioner Johnson, seconded by Commissioner Santiago to direct the City Manager to bring back by September 10, 2014 (1st Budget Hearing) a reduction to the millage rate to 8.0. Attorney Geller said for the record, although it's stated as a motion it is in fact a resolution of the City Commission and he will prepare a written version and it is legally sufficient as stated. Vice Mayor Kelley said he hope this amendment does not put the City Manager in a situation to hurt the city. Commissioner Johnson said she does not think this motion makes the City Manager do anything. She does not want to use the words explore, recommend or suggest, this is a directive and hopefully it will get done. To the City Manager, Commissioner Johnson she does not think none of them want to tie his hands but she want him to bring back ways on lowering the millage rate. There being no further discussion, the motion passed by a 4-1 vote. Commissioner Johnson Yes Commissioner Santiago Yes Commissioner Holmes No Vice Mayor Kelley Yes Mayor Taylor Yes 5. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH CENTRAL FLORIDA EQUIPMENT RENTALS, INC., IN AN AMOUNT NOT TO EXCEED SEVEN HUNDRED THIRTY THOUSAND THREE Special Commission Meeting Minutes—07/30/2014 12 HUNDRED FORTY-FIVE DOLLARS ($730,345.00), FOR REHABILITATION OF SEWER PUMP STATION 7, PLUS TEN THOUSAND DOLLARS ($10,000) FOR THE VIDEO (CCTV) FOR THE EXISTING GRAVITY SYSTEM REQUIRED FOR PIPE CONDITION ASSESSMENT, PAYABLE FROM ACCOUNT NUMBER 35-535630, A BUDGETED ITEM; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M. The above resolution was read by title by Attorney Geller. It was moved by Commissioner Santiago, seconded by Commissioner Johnson to pass the resolution. Commissioner Johnson said after reading the advertisement for this bid she noticed it is different from the legislation. She went back and reviewed the legislation from 1992 which was the last time work was done on pump station 7. She noticed they asked CCTV for $10,000 and then she had the opportunity to do additional discovery and noticed alterations on the bid documents. Manager Baker said this is a grant funded project and it was previously advertised a month ago; however, they only got one response back. Since this is a grant funded project with certain financial limitations he is asking that the line be TV'd so they will know what the underground conditions are. Commissioner Johnson said in 2006 they used the same format. According to the scoring it's only a $20,000 difference between the 1St and 2nd company. She needs clarification because it looks like the staff recommendation process has changed. Manager Baker said both of the companies are good and either one of them are capable of doing the job. Commissioner Johnson said it appears that staff recommended the first company and someone is recommending the second company. Manager Baker said as he previously mentioned, both companies can do the job. One company has done a tremendous amount of work in the city, however, the second company has not and they are lower with a significant amount of experience in this area and this is why he is going with the lower of the two. Commissioner Johnson said if you are going with the lowest company that will be the third company. Manager Baker said the third company did not provide all of the necessary documents; therefore, they could not be fully analyzed. Commissioner Johnson said she went on the internet and looked at the history of both companies and their performance. The historic data does not match the City Manager's recommendation. She asked, are all of the panel members from the City of Opa-locka? Manager Baker replied, yes. Special Commission Meeting Minutes—07/30/2014 13 Commissioner Johnson said she sponsored legislation that directed the City Manager to reach out to neighboring communities to bring them into this process at least seven months or more. Manager Baker said he reported back that there are some cone of silence and ethics issues that if the recommendation is coming from him and he open it up to individuals that does not report to him, he has to uphold their recommendation to say that cone of silence was not violated and that puts him in a very difficult situation. Commissioner Johnson said other cities do it so how do they get around it. She said since they are talking about ethics and integrity she is looking at two evaluations and the numbers were altered. Manager Baker said he is looking at the evaluations and he cannot identify any scores that have been modified; these are the individuals scoring. Commissioner Johnson said she is going to make a recommendation because all staff can do is make recommendations. In looking at past records versus current records she notices an increase in the amount of money and she has concerns. Commissioner Holmes said as leaders of the city they have a duty to perform. If they feel like something is not being done right for the citizens then they have the right to report it to the proper authority. Commissioner Santiago said the City Manager mentioned that both of the companies are good and they are capable of doing the job. He asked who is the person making the recommendation, staff or the City Manager? Attorney Geller said the committee makes their evaluations and present it to the City Manager, he can agree with their recommendation or over rule it. The City Manager has stated that his recommendation was based on the lowest price and ultimately the City Commission makes the final decision. Commissioner Santiago said his recommendation is to make an amendment to make sure the city is going to be safe and to make sure they are doing the right thing to save money. His suggestion that the city is careful of the decisions they make this evening, because in his opinion the project should be awarded to the I" ranked company selected by the evaluation committee. Vice Mayor Kelley said he thinks both of the companies are capable of doing a good job, but the company that was ranked I" by the committee has done a lot of work in the city and he would like to allow more companies an opportunity to do the work. He asked, does the city's workforce agreement come into play with these projects? Manager Baker replied, yes. Special Commission Meeting Minutes—07/30/2014 14 Commissioner Johnson said if the amendment passes she would like to suggest that a clause is included for no change orders. Mayor Taylor said being part of construction there's no way to get out of change orders. Attorney Geller said the contracts has language that says you can't just get a change order, you can ask for one but if the city does not grant it then you don't get it and ultimately it may have to go through litigation. He further said that Commissioner Santiago wants to make an amendment but it will be a substitute motion because he wants to substitute a different entity. It was moved by Commissioner Santiago, seconded by Commissioner Johnson to substitute the name of the business who will be awarded the contract as follows: C& I Construction and Design Inc. in an amount not to exceed $770,500. Vice Mayor Kelley said he appreciates what his colleague wants to do, but he cannot support it because he believes the city has to allow other companies to do work and it's nothing against the company. With that being said he will support the recommendation made by the City Manager. Commissioner Holmes said this change will cost the city over $45,000, therefore he will support the City Manager's recommendation. There being no further discussion, the substitute motion failed by a 4-1 vote. Commissioner Holmes No Vice Mayor Kelley No Commissioner Johnson No Commissioner Santiago Yes Mayor Taylor No There being no further discussion, the resolution passed by a 3-2 vote. Commissioner Santiago No Commissioner Holmes Yes Vice Mayor Kelley Yes Commissioner Johnson No Mayor Taylor Yes 6. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO ACCEPT AND EXECUTE THE MIAMI-DADE COUNTY RFA 2014 FUNDS FROM THE PUBLIC HOUSING COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), IN AN AMOUNT OF THREE HUNDRED NINETEEN THOUSAND FOUR HUNDRED TWELVE DOLLARS ($319,412), FOR NW 38TH AVENUE STREET DRAINAGE IMPROVEMENTS; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M. Special Commission Meeting Minutes—07/30/2014 15 The above resolution was read by title by Attorney Geller. It was moved by Commissioner Holmes, seconded by Commissioner Johnson to pass the resolution. Commissioner Johnson asked, does this have anything to do with the challenge grant? Manager Baker said no, these are CDBG funds. Commissioner Johnson asked, what will it be used for? Manager Baker said the funds will be used for infrastructure improvements on 38th Avenue. Commissioner Johnson said it seems like the funds are only being used in the business area and none in the residential area. Manager Baker said every year staff submits numerous of grant requests to the County and because of some of the environmental conditions this one ranked higher. Commissioner Johnson asked if the City Manager was saying these funds cannot be used for residential areas? Manager Baker replied, yes. There being no further discussion, the motion passed by a 5-0 vote. Vice Mayor Kelley Yes Commissioner Johnson Yes Commissioner Santiago Yes Commissioner Holmes Yes Mayor Taylor Yes 7. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH AMERICAN ENGINEERS AND CONTRACTORS (AEC), FOR GRANTS AND LOANS COMPLIANCE CONSULTING SERVICES FOR ALL CITY OF OPA-LOCKA CIP PROJECTS ON AN AS NEEDED BASIS, IN AMOUNTS NOT TO EXCEED CURRENT LINES OF EXPENSES AND COSTS ALLOWED BY CIP AND CITY MANAGER, AND PAYABLE FROM EACH INDIVIDUAL ACCOUNT, AND AS BUDGETED; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M. The above resolution was read by title by Attorney Geller. It was moved by Commissioner Holmes, seconded by Commissioner Johnson to pass the resolution. Special Commission Meeting Minutes—07/30/2014 16 Commissioner Johnson said she is not comfortable with the terminology used "not to exceed the current lines of expenses". She asked, what is the current line item? Manager Baker said these compliance initiatives are required by the State Revolving Loan and when the city gets the funds it will be based on each project. They have not set a budget on this as of yet. Commissioner Johnson said she would like to make a friendly amendment that all of the expenditures must be approved by the City Commission. It was moved by Commissioner Johnson, seconded by Vice Mayor Kelley to amend the title and section 2 of the resolution to read as follows: with all costs and expenditures to be approved by the City Commission. Commissioner Johnson said she has concerns when she sees "made payable" listed for each account without an account number. Vice Mayor Kelley asked the City Manager when he get the necessary documents from . the state will he be able to get the amount and put it into the budget as a line item. Manager Baker said that is correct. He is scheduled to go to Tallahassee in August and he want to have all the compliance issues and agreements in place so there will be no reason for them to withhold the funds. They want a compliance person on board to look at information before it is submitted. Vice Mayor Kelley asked, will there be an impact in terms of adding the amendment? Manager Baker said it could be if there are payments involved because they will not be able to process payments until they are approved by the City Commission so that can present some challenges. Vice Mayor Kelley said he likes the idea of reporting back to the City Commission he just doesn't know when to do it because he doesn't want anything to delay the funds. Attorney Geller said if the Commission wants to change the wording to read "to be reported by the City Commission" they are privileged to do that. Vice Mayor Kelley said he does not want to change Commissioner Johnson's motion. Commissioner Johnson said she has received grants from the State of Florida for over 5 years and it's one thing she learned there is no one that does not want accountability. If she understands correctly the City Manager is saying this will hinder or prohibits the city from getting money from the State because the City Commission wants to review the documentation. Manager Baker said no he did not say that and he apologized for the misinterpretation. What he did say was if all expenses have to go to the City Commission for approval then that will delay the contractor from being paid. Special Commission Meeting Minutes—07/30/2014 17 Commissioner Johnson asked how often do they do the reporting? Manage Baker said he cannot say what the exact requirements are at this time, but he will certainly find out. Commissioner Johnson said she previously spoke to the grant writer and suggested this to Ms. Kennedy for accountability so she has concerns when she hears this now. The very least staff can do is give the City Commission a quarterly report. She requested that the City Manager provide her with a contact name and telephone number so she can do her own inquiring regarding the grant reporting process. Commissioner Johnson withdrew her motion on the amendment and Vice Mayor Kelley withdrew his second. Commissioner Holmes said they have to let the people know they have confidence in the people they hire. There being no further discussion, the motion passed by a 5-0 vote. Commissioner Johnson Yes Commissioner Santiago Yes Commissioner Holmes Yes Vice Mayor Kelley Yes Mayor Taylor Yes 8. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ACCEPT THE AWARD FROM THE U.S. DEPARTMENT OF JUSTICE (DOJ) FOR THE FY 2014 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM FUNDING, IN THE AMOUNT OF THIRTY TWO THOUSAND SIX HUNDRED FORTY-SEVEN DOLLARS ($32,647,00), TO BE USED FOR THE PURCHASE OF POLICE RADIOS; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M. The above resolution was read by title by Attorney Geller. It was moved by Commissioner Holmes, seconded by Commissioner Santiago to pass the resolution. There being no discussion, the motion passed by a 5-0 vote. Commissioner Holmes Yes Vice Mayor Kelley Yes Commissioner Johnson Yes Commissioner Santiago Yes Mayor Taylor Yes Special Commission Meeting Minutes—07/30/2014 18 9. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE STATE REVOLVING LOAN CONSTRUCTION AGREEMENT, IN THE AMOUNT OF $6,969,069, FOR DRINKING WATER FACILITIES PROJECT AS REQUIRED BY THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M. The above resolution was read by title by Attorney Geller. It was moved by Commissioner Holmes, seconded by Commissioner Santiago to pass the resolution. Commissioner Santiago asked is this part of the infrastructure plan? Manager Baker replied, yes. Commissioner Santiago said he noticed the residential areas are not included. Manager Baker said this is citywide and this particular resolution is for drinking water. There being no further discussion, the motion passed by a 5-0 vote. Vice Mayor Kelley Yes Commissioner Johnson Yes Commissioner Santiago Yes Commissioner Holmes Yes Mayor Taylor Yes 10. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE STATE REVOLVING LOAN CONSTRUCTION AGREEMENT, IN THE AMOUNT OF $11,120,499, FOR WASTE WATER FACILITIES PROJECTS AS REQUIRED BY THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M. The above resolution was read by title by Attorney Geller. It was moved by Commissioner Holmes, seconded by Commissioner Johnson to pass the resolution. Commissioner Johnson asked, does this legislation includes residents? Manager Baker said yes, this is for the line that carries the waste water from the properties into the mains in the residential and commercial areas. There being no further discussion, the motion passed by a 5-0 vote. Special Commission Meeting Minutes—07/30/2014 19 Commissioner Johnson Yes Commissioner Santiago Yes Commissioner Holmes Yes Vice Mayor Kelley Yes Mayor Taylor Yes 11. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE STATE REVOLVING LOAN CONSTRUCTION AGREEMENT, IN THE AMOUNT OF $19,662,523, FOR STORM WATER FACILITIES PROJECTS AS REQUIRED BY THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M. The above resolution was read by title by Attorney Geller. It was moved by Commissioner Holmes, seconded by Commissioner Santiago to pass the resolution. Commissioner Johnson asked does the increase play out in this legislation? Manager Baker said this is the aggregate amount of the new rate that is scheduled to be set, however, he is continuing to pursue other funding mechanism to allow for more. Commissioner Johnson asked, will this eliminate the cost for the citizens? Manager Baker said this is where the increase comes for residential and commercial, it increases. Commissioner Santiago asked, does the city have to pay this money back to the state? Manager Baker replied, yes. Commissioner Holmes said he want the citizens to know once the infrastructure is complete it will be a blessing for the city and it will automatically raise the taxes in certain areas of the city. There being no further discussion, the motion passed by a 5-0 vote. Commissioner Santiago Yes Commissioner Holmes Yes Vice Mayor Kelley Yes Commissioner Johnson Yes Mayor Taylor Yes Vice Mayor Kelley invited everyone to attend the Town Hall Meeting on August 4, 2014 at 6:00 p.m. at the Gardens Apartments to discuss Green Space for the area. Special Commission Meeting Minutes—07/30/2014 20 7. ADJOURNMENT: There being no further business to come before the Commission, it was moved by Commissioner Santiago, seconded by Commissioner Johnson to adjourn the meeting at 7:36 p.m. A OR ATTEST: i CITY CLERK Special Commission Meeting Minutes—07/30/2014 21