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HomeMy Public PortalAbout01-January 21, 2015 Special Commission MeetingCITY OF OPA -LOCKA "The Great City" CLERK'S ACTION SUMMARY MINUTES SPECIAL COMMISSION MEETING January 21, 2015 4:35 P.M. Sherbondy Village Auditorium 215 President Barack Obama (Perviz) Avenue Opa- locka, FL 33054 1. CALL TO ORDER: Mayor Myra L. Taylor called the meeting to order at 4:35 p.m. on Wednesday, January 21, 2015 in the Auditorium at Sherbondy Village, 215 President Barack Obama (Perviz) Avenue, Opa- locka, Florida. 2. ROLL CALL: The following members of the City Commission were present: Vice Mayor Timothy Holmes, Commissioner Joseph L. Kelley, Commissioner Terence K. Pinder, Commissioner Luis B. Santiago, and Mayor Myra L. Taylor. Also in attendance were: City Manager Kelvin L. Baker, Sr., Assistant City Attorney John Dellagloria, and City Clerk Joanna Flores. 3. INVOCATION: The Invocation was delivered by Mayor Myra L. Taylor. 4. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was recited in unison. 5. CITIZENS' INPUT: Agenda Items Only 1. Steven Barrett of 633 Sharar Avenue, Opa- locka, Florida, appeared before the City Commission and voiced his concerns on agenda item 6.1. He does not have a problem with the city paying Vice Mayor Holmes' attorney fees, but they should also pay the tax payers attorney fees because this is an issue between the citizens and an Elected Official. He asked, who will be utilizing the vehicles being requested on agenda item 6.3? 2. Patricia Ellis of 1146 Dunad Avenue, Opa- locka, Florida, appeared before the City Commission and said Vice Mayor Holmes is requesting that the city pay his attorney fees and he's not a qualified Vice Mayor, because the law is term limits. She said she has concerns with agenda item 6.2 as well. Special Commission Meeting Minutes — 01/21/2015 1 Mayor Taylor requested that citizens address the City Commission and not call individual names. Attorney Dellagloria said citizens are allowed to read an item and if a name is mentioned in the title then they are permitted to say the name. Mayor Taylor said the city has a policy and she does not permit name calling. 3. Dorothy Johnson of 780 Fisherman Street, P Floor, Opa- locka, Florida, appeared before the City Commission and spoke on agenda item 6.1. She does not think the city is in a position to pay for anyone legal fees. She asked for clarification on agenda item 16.2 because she does not have any supporting documentation. Previously the Commission had dialogue about not purchasing additional vehicles. She said citizens have pictures of employees from the City Clerk's Office campaigning during the election as well as some of the Department Directors. 4. Jeannette Arline of 2324 Service Road, Opa- locka, Florida, appeared before the City Commission and said the citizens voted and the City Commission should follow the rules. 5. Johnnie Greene of 2091 Wilmington Street, Opa- locka, Florida, appeared before the City Commission and spoke against agenda item 6.1. The citizens voted for term limits and it passed. She asked, why the citizens should pay for legal fees, it's a slap in the face to the citizens. 6. Alvin Burke of 1240 Jann Avenue, Opa- locka, Florida, appeared before the City Commission and requested that the City Attorney give a legal opinion to the uninformed citizens as to what the City Commission is trying to do. Mayor Taylor said it has been some questioning regarding agenda items 6.1 and 6.2. She asked, can the parties involved vote on the item that includes their name? Attorney Dellagloria said there is no prohibition on the Vice Mayor or Commissioner from voting on their own item. Mayor Taylor asked, can they vote on their item? Attorney Dellagloria replied, yes. 6. RESOLUTIONS: 1. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE EXPENDITURE OF A RETAINER OF $10,000 FOR THE REPRESENTATION OF VICE MAYOR TIMOTHY HOLMES REGARDING ELECTION CHALLENGE PAYABLE FROM ACCOUNT NUMBER 28- 514390; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by T.H. The above resolution was read by title by Attorney Dellagloria. Special Commission Meeting Minutes — 01/21/2015 2 It was moved by Commissioner Santiago, seconded by Vice Mayor Holmes to pass the resolution. Commissioner Santiago said he had legal problems in the past and he did not bring the fees to the city. If anyone has legal problems, they are responsible for those bills, not the tax payers. With that being said, he will not support this legislation. Commissioner Kelley said the legislation says payment for a retainer and in his opinion that means beginning and going forward. He asked for clarity on what a retainer is? Attorney Dellagloria said Commissioner Kelley is correct, a retainer implies the beginning of the process. Any further invoices in excess of the retainer will be brought to the Commission for approval. Commissioner Kelley asked, if the above legislation is passed, the city will be responsible for paying future bills in connection with this litigation? Attorney Geller said the matter may be held in a short order and even the retainer may not be exhausted. Commissioner Kelley asked, is the city operating within its boundaries to be involved in this? Attorney Dellagloria said Vice Mayor Holmes received votes and they were certified and he was sworn into office. His being challenged to be removed from office is a city matter. Commissioner Kelley asked Attorney Dellagloria, in his legal opinion, is this a city matter? Attorney Dellagloria replied, yes. Commissioner Kelley said based on the City Attorney he will follow his legal opinion. To the sponsor, he does not like open ended things and there is nothing in the legislation that states all other invoices must come back to the City Commission for approval. Attorney Dellagloria said the retention with the Attorney will be through a retainer agreement and because the city is paying for the retainer, the City Attorney's Office will be reviewing the document. Commissioner Kelley said that matter should have been addressed in the legislation. Attorney Dellagloria said if it is the will of the City Commission, the legislation can be amended to include such wording. Commissioner Kelley said he cannot support the legislation in its current form. Special Commission Meeting Minutes — 01/21/2015 3 Commissioner Pinder requested to meet with the City Attorney tomorrow at 8:00 a.m. to address Mr. Barrett's concerns. He said if it is the will of the sponsor he would like to cap of the retainer amount not to exceed $15,000. Vice Mayor Holmes said the legislation can be amended to say any other bills must come back to the City Commission. It was moved by Vice Mayor Holmes, seconded by Commissioner Pinder to amend the resolution to add section 3 with the following language: any further amounts invoiced to the city may be approved by the City Commission. Commissioner Santiago asked his colleagues to be sure of what they are doing because the city has problems with the budget. Commissioner Kelley made reference to the amended section 3 which reads the City Commission may approve additional invoices, he asked, where would that put the city from a legal standpoint? Attorney Dellagloria said the city will have the sole and complete discretion as to whether they will pay any further amounts. The reason he chosen the word "May" is because he did not want it to be interpreted as the city has to pay. Commissioner Kelley asked, can the city be sued for not paying the additional invoices? Attorney Dellagloria replied, no. He will not have any right to demand further payment other than what is being authorized today. Attorney Fees can only be given is the court orders it, if the statutes allows attorney fees to be paid to the prevailing party, or as a matter of contract. At this time the City Commission is authorizing a retainer agreement through a budgeted item and that is it. Commissioner Kelley asked the City Attorney in his legal opinion, the city will be in there rights if they choose not to pay any additional fees? Attorney Dellagloria said the retainer has to be approved by the City Attorney's Office and there no way an attorney can come forward and say if a person pay them a retainer they are responsible for paying additional fees. That is not included in the resolution and it will not be included in the agreement. There being no further discussion, the amendment passed by a 3 -2 vote. Commissioner Pinder Yes Commissioner Santiago No Vice Mayor Holmes Yes Commissioner Kelley No Mayor Taylor Yes There being no further discussion, the resolution passed by a 4 -1 vote. Special Commission Meeting Minutes — 01/21/2015 4 Commissioner Kelley Yes Commissioner Pinder Yes Commissioner Santiago No Vice Mayor Holmes Yes Mayor Taylor Yes 2. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA AUTHORIZING THE EXPENDITURE OF A RETAINER OF $5,000 FOR THE REPRESENTATION OF COMMISSIONER TERENCE PINDER, FOR OUTSIDE COUNSEL, IN THE MATTER OF A UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (USEPA) DEBARMENT, PAYABLE FROM ACCOUNT NUMBER 28- 514390; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.A. The above resolution was read by title by Attorney Dellagloria. It was moved by Commissioner Santiago, seconded by Commissioner Pinder to pass the resolution. Mayor Taylor said in view of what was discussed during agenda item 6. 1, she would like the same amendment for agenda item 6.2 It was moved by Commissioner Pinder, seconded by Vice Mayor Holmes to amend the resolution to add section 3 with the following language: any further amounts invoiced to the city may be approved by the City Commission. There being no discussion, the amendment passed by a 3 -2 vote. Vice Mayor Holmes Yes Commissioner Kelley No Commissioner Pinder Yes Commissioner Santiago No Mayor Taylor Yes There being no discussion, the resolution passed by a 4 -1 vote. Commissioner Santiago No Vice Mayor Holmes Yes Commissioner Kelley Yes Commissioner Pinder Yes Mayor Taylor Yes Vice Mayor Holmes asked, does the city's charter spells out anything to support what the Commission has approved thus far? Attorney Dellagloria said he does not believe it's in the charter; it is a matter of common law passed by the courts allowing payment to government officials when they are Special Commission Meeting Minutes — 01/21/2015 5 challenged in their official capacity as Vice Mayor Holmes and Commissioner Pinder are. 3. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO LEASE THREE (3) NEW 2015 FORD ESCAPE VEHICLES FROM METRO FORD, INC., PAYABLE IN MONTHLY INSTALLMENT OF $1,216.44 TO MEARS MOTOR LEASING, PAYABLE FROM ACCOUNT NUMBER 35- 535648, 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 Dellagloria. It was moved by Commissioner Santiago, seconded by Commissioner Pinder to pass the resolution. Mayor Taylor asked for clarity on legislation that previously failed and goes back to the City Commission for approval. Attorney Dellagloria said an ordinance will have to wait six months before it is brought back for re- consideration. This is a resolution and can be placed back on the agenda. Commissioner Santiago said the resolution failed because the City Commission asked why three new vehicles were needed in that department. He asked, why is this legislation coming back for consideration is everyone knows the city has budget problems? Commissioner Pinder said at the last meeting he didn't do his due diligence and this item slipped past him, but looking back and doing his research he didn't want to stop progress. Having the vehicles is part of what they need to be on projects, checking on projects, and being on the roadways. It's part of one of the tools they need. Commissioner Kelley said he disagrees because he does not think that not getting the vehicles will stop their work performance. He asked, are all the new trucks being utilized? Manager Baker said all of the city vehicles are engaged at this time. These vehicles are for the citywide improvement efforts and he would not bring this to the Commission if it was not a dire need to have this in place. Commissioner Kelley said he does not think they need three vehicles and he does not believe all the vehicles are being fully engaged to the point they need to purchase three vehicles. Mayor Taylor requested that the sponsor amend the legislation to purchase two vehicles instead of three. Commissioner Santiago asked, when the infrastructure projects are complete, can the vehicles be used in other departments? Special Commission Meeting Minutes — 01/21/2015 6 Manager Baker replied, yes. Commissioner Santiago said with that being said he will support the legislation, but when they are finished with the projects he would like those vehicles transferred to other departments that may need the vehicles. It was moved by Commissioner Santiago, seconded by Commissioner Pinder to amend the resolution authorizing the City Manager to lease two (2) vehicles instead of three (3). There being no discussion, the amendment passed by a 5 -0 vote. Commissioner Pinder Yes Commissioner Santiago Yes Vice Mayor Holmes Yes Commissioner Kelley Yes Mayor Taylor Yes There being no discussion, the resolution passed by a 5 -0 vote. Commissioner Kelley Yes Commissioner Pinder Yes Commissioner Santiago Yes Vice Mayor Holmes Yes Mayor Taylor Yes Commissioner Pinder said he recused from voting on agenda item 6.4. 4. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH GRACE & NAEEM UDDIN, INC., FOR THE PHASE 2 REHABILITATION OF THE HISTORIC CITY HALL BUILDING, IN THE AMOUNT NOT TO EXCEED ONE MILLION NINE HUNDRED FORTY -SEVEN THOUSAND FOUR HUNDRED NINETY DOLLARS ($1,947,490.00), PAYABLE FROM ACCOUNT NUMBER 44- 541823, 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 Dellagloria. It was moved by Vice Mayor Holmes, seconded by Commissioner Santiago to pass the resolution. There being no discussion, the motion passed by a 4 -0 vote. Commissioner Santiago Vice Mayor Holmes Commissioner Pinder Commissioner Kelley Mayor Taylor Special Commission Meeting Minutes — 01/21/2015 Yes Yes Recused Yes Yes 7 7. ADJOURNMENT: There being no further business to come before the Commission, it was moved by Vice Mayor Holmes, seconded by Commissioner Santiago to a )4journ thting at 5:25 p.m. ATTEST: CITY CLERK Y Special Commission Meeting Minutes — 01/21/2015 8