HomeMy Public PortalAbout03-March 18-2015 Special Meeting MinutesCITY OF OPA -LOCKA
"The Great City"
CLERK'S ACTION SUMMARY MINUTES
SPECIAL COMMISSION MEETING
March 18, 2015
10:30 A.M.
Sherbondy Village Auditorium
215 President Barack Obama (Ferviz) Avenue
Opa- locka, FL 33054
1. CALL TO ORDER:
Mayor Myra L. Taylor called the meeting to order at 10:35 a.m. on Wednesday, March
18, 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: Commissioner Joseph L.
Kelley, Commissioner Luis B. Santiago, and Mayor Myra L. Taylor. Also in attendance
were: City Manager Kelvin L. Baker, Sr., City Attorney Vincent T. Brown, and City
Clerk Joanna Flores. Vice Mayor Timothy Holmes and Commissioner Terence K. Pinder
were not in attendance.
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. Maria Bargan of 13205 Cairo Lane, Opa- locka, Florida, appeared before the City
Commission on behalf of the business owners on Cairo Lane. She said they are aware
that the city has a budget to repair the streets, but they want the construction to move
rapidly and be done in a legal manner.
2. John Cook of 14580 NW 27th, Opa- locka, Florida, appeared before the City
Commission and said it appears that the bidding process has been corrupted. Numbers are
out of sequence and paper numbers have been re -done. This was a professional bid and
everything should correspond with what was given to the City Clerk.
Special Commission Meeting Minutes — 03/18/2015
3. Patricia Ellis of 1146 Dunad Avenue, Opa- locka, Florida, appeared before the
City Commission and agreed with the previous citizen. She asked the Commission to do
due diligence with the process. She asked, did the City Clerk do her job properly, is the
power still with the City Clerk to open the bids at the same time or was someone able to
see the other bidder's documents to change the numbers? The company that was chosen
had one bid and two alternates and one of the alternates was not done properly. She
requested that the City Attorney advise the City Commission properly.
4. Johnnie Greene of 2091 Wilmington Street, Opa- locka, Florida, appeared before
the City Commission and said a lot of citizens are not in attendance at the meeting
because they have said on numerous occasions that they have to work or go to doctor
appointments in the morning. She requested that the meetings be held in the afternoon.
She said she have fought for improvements in the city for many years and she have heard
the Commission concerns, however after reviewing the documents she is very
disappointed in the process because the numbers does not add up.
5. Deborah Sheffield Irby of 14202 NW 17th Avenue, Opa- locka, Florida, appeared
before the City Commission and voiced her concerns regarding the bidding process. She
has issues with the CIP department because it is a conflict of interest. Cairo Lane is not
the only project that has to be completed; they have to go to residential areas.
6. Angel Vargas of 13070 Cairo Lane, Opa- locka, Florida, appeared before the City
Commission and said he is desperate to see the roads fixed in that area. He asked, how
long do they have to wait to see something done in the area?
7. Steven Barrett of 633 Sharar Avenue, Opa- locka, Florida, appeared before the
City Commission and said Cairo Lane is supposed to be a special tax district. The city
needs to start with Code Enforcement enforcing on Cairo Lane to clean up the area before
the city invest money. The process should be controlled by the City Commission and the
committee should consist of business owners and citizens.
8. Alvin Burke of 1240 Jann Avenue, Opa- locka, Florida, appeared before the City
Commission and said the City Commission have promised the people on Cairo Lane that
they were going to fast track the process. In all fairness if they have the money to move
forward on Cairo Lane, he suggest they do it for the business owners.
9. Daniel Lamnin of 13060 Cairo Lane, Opa- locka, Florida, appeared before the City
Commission and said they need the roads fixed as soon as possible because it's hurting
their business, but the process must be done properly.
For the record, Commissioner Kelley requested that the City Manager and City Clerk
respond to the questions asked by the citizens.
Mayor Taylor asked the City Attorney can the City Clerk and City Manager make a
statement before a motion is made?
Attorney Brown said no, a motion must be made to open the discussion.
Note: This portion of the minutes is transcribed in verbatim form.
Special Commission Meeting Minutes — 03/18/2015 2
Commissioner Kelley: In the future we not going to have the Manager give input or his
thoughts before we vote on anything else because that has been allowed to occur, where
he is allowed to make a statement and/or express a concern about an issue prior to a
motion, so if that's going to be the policy, I want it to be consistent from now on so we
don't have back in forth, because I have seen in the past on items where we asked the
Manager to address or to make a statement based on an item on the agenda for clarity,
clarification. Now if you are saying we need a motion and a second I don't have a
problem with that, but going forward with every single item that comes on this agenda
that same process needs to be followed. So madam Mayor if that's the case I will move
the item so I can hear the question.
Note: This concludes the verbatim portion of these minutes.
Mayor Taylor asked the City Attorney if he has a statement to make?
Commissioner Kelley left the room.
Attorney Brown said in order to bring up discussion on an item, it must be open for
discussion and it's not unusual for Commissioners to open an item and have staff address
concerns. He is unclear of what was done in the past, but through his many years of
experience, once an item is read into the record the Commission can asked questions.
6. RESOLUTIONS:
1. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AGREEMENT WITH INTERCOUNTY ENGINEERING, INC., IN AN AMOUNT
NOT TO EXCEED FOUR MILLION NINE HUNDRED NINETY NINE THOUSAND
ONE HUNDRED EIGHTEEN DOLLARS ($4,999,118.00), FOR CAIRO LANE
DRAINAGE, ROADWAY AND SANITARY SEWER SYSTEM IMPROVEMENTS
AND NW 127TH STREET DRAINAGE AND ROADWAY, SANITARY SEWER, AND
DRINKING WATER SYSTEM PROJECTS FUNDED BY FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION (FDEP) GRANT APPROPRIATIONS AND
THE STATE OF FLORIDA REVOLVING FUNDS, PAYABLE FROM ACCOUNT
NUMBERS 35- 5356315, 43- 5386315, AND 64- 5336315, A BUDGETED ITEM,
CONTINGENTLY EFFECTIVE UPON FDEP APPROVAL; PROVIDING FOR
INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE.
Sponsored by C.M.
The above resolution was read by title by Attorney Brown.
It was moved by Commissioner Kelley, seconded by Commissioner Santiago to pass the
resolution.
Note: This portion of the minutes is transcribed in verbatim form.
Commissioner Kelley: Since we are going to follow process and order, when I left this
dais it should have been no discussion because you did not have a quorum.
Special Commission Meeting Minutes — 03/18/2015
Mayor Taylor: Did you leave the dais on purpose?
Commissioner Kelley: No, I went back there to do something.
Mayor Taylor: If you would have said something I would have stopped it.
Commissioner Kelley: No, the attorney was talking, he's in charge, he suppose to know
the process, so I'm saying if we going to follow the process, follow the process, but I
would like to hear those comments.
Note: This concludes the verbatim portion of these minutes.
Manager Baker said he welcomes all of the comments and he appreciates of the level of
interest and he thinks everyone has the same interest and that is to move forward with the
infrastructure projects. Two years ago they started the effort and began having discussion
with the State of Florida on the possibility of them funding the infrastructure work. Prior
to that the city was suspended for seven years and could not participate in this process.
When he met with them they laid out what would be required in order for the city to be
reconsidered to participate in the process. They provided drafts of the purchasing
procedures, the bidding process, and they told them what would be required in the event
that they were successful at getting approval to utilize State Revolving Funds. They
provided to them a copy of the evaluation process in terms of how each contractor would
be rated and in that analysis it provided points for pricing, points for how the project is
calculated, local hiring, innovative concepts, etc. The lowest bidder did not include an
amount for contingency. It was stated in the bid proposal that $300,000 should be added
as part of the contingency. In addition, the Capital Improvement Team is something that
he brought to the city as part of his plan to rebuild the city.
Commissioner Santiago said the citizens do not want to stop the Cairo Lane project, the
issue is that something has been done improperly.
Clerk Flores said as far as the Clerk's responsibilities in the RFP process she normally
send out the advertisement, receives the sealed bids and shortly after the deadline she
open the bids publicly and with respect to this bid everything was done properly in the
presence of several staff members and also several of the individuals who submitted
proposals. All original bids are maintained in the City Clerk's Office and they never left
her office.
Mayor Taylor thanked staff for their work on the project, in addition she thanked the
State for providing resources to the City of Opa -locka for the well needed projects in the
city, but there are two important goals when spending Millions of dollars. First she would
like to get the best deal for the residents and taxpayers; secondly it is important to make
sure the process has integrity. She will never interfere with the day -to -day operations of
the city, but as the Mayor it is her job to oversee when things come to her. She has
concerns, the fact that the addendum regarding the soil contamination had a drastic effect
on the pricing after the bid was submitted, she has concerns that there is a large distance
between the low bidder and the high bidder that is being recommended, she has concerns
that the scoring sheet reflected that although the price was worth fifty points, it was
Special Commission Meeting Minutes — 03/18/2015 4
scored in such a way that the price almost rendered an insignificant factor and that hurts
the taxpayers. She is concerned that almost of the entire selection panel works in the
same department on a daily basis and there is not diversity, in addition there is ambiguity
in some of the criteria in the process. Lastly her concern is that the Commission did not
get an opportunity to review the recommendation before it was sent to the State. As the
Chairman and Mayor of the city she would like to make a motion to reject all bids and
direct the City Manager to rebid the process of the Mayor and Commission.
It was moved by Mayor Taylor, seconded by Commissioner Santiago to amend the
resolution to direct the City Manager to reject all bids and rebid the process.
Commissioner Kelley said he want his colleagues to be clear of the Attorney has already
said. If they want to put the project out for rebid, they are basically saying they want to
change the process. As the City Manager said the Commission passed legislation to make
Cairo Lane the number one project, if they want to go back out for bids that is fine, but
they have to change the process.
Note: This portion of the minutes is transcribed in verbatim form.
Commissioner Kelley: To the Attorney, what was said to us from the state because all of
got the documentation and so if we want the Commission to receive it first before it goes
to the State and if I'm incorrect Mr. Attorney you can correct me. The email that came
from them said obviously if we don't follow this we put it out, which is what the Mayor is
suggesting, but it's also a caveat in here regarding their participation in the process. If
we go and send it back out obviously of rebidding it and with the selection committee.
The second part of that in reference to deferring to the City Commission, there is some
language in there that we need to make sure fits to whatever we are going to do.
Attorney Brown: I will read it if you........Basically I will read the States response to our
question into the record because this is the States response to our question. The question
was "in addition does the State defer to the City Commission or the City Council
selection as long as you approve the process and qualification of the vendor selected as
oppose to doing your own de -noble review". The response was "the State Revolving
Loan Fund Program (SFR) defers to the results of the selection committee after
verification that it followed the previous submitted approved selection process. There is
not point of having a selection process if it can be overridden or the selection criteria can
be changed at the end by the Commission.
Mayor Taylor: What does that mean?
Attorney Brown: Basically what that means is, what the State wants is the City to send up
the process of how they are going to select.
Mayor Taylor: Who picks the process?
Attorney Brown: The City Commission through the Manager picks the process and once
that process have been established... but you got to take that in conjunction with Florida
Statutes 287.055 as well. What they are saying is there's a process that has to be in place
Special Commission Meeting Minutes — 03/18/2015 5
that we must approve and there's a document which certifies that you follow the process
that the State has already approved, not the selection of the vendor, but the process.
Commissioner Kelley: Mr. Attorney to the point and that's what I am saying, you are
going to have to change the process, not just go out and rebid it, because the process as it
stands now is what the Manager has done with the CIP and their review. Now if the
Commission is going to quote on quote review it or approve it first then go to the State,
according to what you said there's no point in having a selection process if it can be
overwritten or changed by the Commission at the end. That's the sentence I'm having
trouble with regarding the process as the State says. I don't have a problem if you want
to rebid, but if we are going to be using the same process, what's going to be different?
Attorney Brown: What we understood from the State is you have to identify the process
you are going to follow is consistent with the State Revolving Loan guidelines and also
Florida Statutes 287.055. Now, you develop that process, you send it to the State for them
to approve the process then you run your selection of whatever vendor you want through
that process. Once that process have been vested and the vendor have been selected by
the selection committee, then that selection comes back to the Commission for a vote and
then that goes to Tallahassee for approval by the State. The way he read it it's a two
prone process. One, an approval of the process first, then approval of the selected vendor
second, that's how I understand it.
Commissioner Kelley: So what part of the process as the State see's it now was not
followed?
Attorney Brown: Well that's a question for the Manager because the Manager is the one
that sent it to Tallahassee, not us.
Commissioner Kelley: I didn't say you did, but you're our legal attorney and much has
been said about whether this was done properly, legally, etc. so forth that's why I'm
looking to you because you are the City Attorney. In your legal opinion based on the
process that was set, has it followed all the criteria from a legal sufficiency standpoint
with the Manager and his committee, CIP selection process. It was said from one of my
colleagues about the fact that the Manager's Office sent it up in advance of it coming to
us, but if I'm hearing correctly that's the way the process have been laid out or no?
Attorney Brown: There's a prior resolution you all past that says "any expenditures of
any funds must come before the City Commission first ". The fact that it went to
Tallahassee first for approval of the vendor without having come to the City Commission
it took you all out of the equation of the approval going to Tallahassee. What should have
happened was based on your prior resolution and based on the city charter it should
have come to the Commission first after the selection committee made its
recommendation. It should have come to the commission then to Tallahassee, but you still
have to run the process consistent with the State Revolving Loan program and section
287.055.
Commissioner Kelley: Okay Mr. Attorney you're giving me .... like you are before a judge.
I'm looking at the last sentence, there is no point in having a selection process if it can be
overridden or the selection criteria can be changed at the end by the Commission. So if
Special Commission Meeting Minutes — 03/18/2015 6
this Commission says we want to change whatever the staff recommends and send it to
Tallahassee, they could except it or they could not except it, correct?
Attorney Brown: Correct.
Commissioner Kelley: The process as it is right now, that process was followed. Yes or
no?
Attorney Brown: I can't answer that question with a yes or no and this is the reason why.
I was not involved in the process, but from my investigation the process went as this here,
you did a RFP, the RFP came in, the selection committee reviewed the RFP's, then they
made a selection, then it went to Tallahassee and they approved it now it's before you for
award. That award is within your prevue, the issue here is how it got to Tallahassee for
approval before coming to the City Commission.
Attorney Brown: Well I got that because the Manager said he wanted an extra set of eyes
whether he should have done that or not, but that was his explanation that he wanted
technical expertise to address it. That's why I asked that point because my colleague
raised that very issue about it being sent prior to that 25`h meeting when it would have
been on the agenda. His explanation was he wanted to send it to them so when it came to
the Commission.
Manager Baker: Nothing inappropriate took place in this process, no funds have been
committed. The purpose of their process is to look over the entire process to ensure we
followed it, had we not followed it; it would have not been approved. Nothing
inappropriate took place with having them look over the entire process. If this was a
decision to fund it yes, but no the funding of this project occurs after the Mayor and
Commission approves the project. No project can funded by your City Manager, all
projects require final approval by Mayor and Commission and all that I was interjecting
in all of this here was that I think that the Commission is in a better position to have the
final approval on projects opposed to the State. I don't know why there is disagreement
with that but if you go the other route, you can approve it here and the State can deny it
so if you want to do it the other way, I certainly don't recommend it. I think you're on
stronger legal footing, stronger tactical and practical footing by having the funding
agency review it first.
Commissioner Kelley: Madam Mayor to belay the point, I put the motion on the follow
and you put a subsequent one on the floor. I can see there are different opinions from the
Manager /Attorney /what I'm reading.
Note: This concludes the verbatim portion of these minutes.
Mayor Taylor said she does not know if there was an assumption that because the State
approved the recommendation that the Commission was going to go along with that. The
problem came in when the Commission felt like they were out of the process.
Commissioner Santiago said he heard the process from the City Attorney and the process
is clear.
Special Commission Meeting Minutes — 03/18/2015 7
Attorney Brown said the city has to rebid the project.
Commissioner Kelley asked, if the process is going to be changed, they need to send it to
the State prior to?
Attorney Brown said that is correct.
There being no further discussion, the amendment passed by a 3 -0 vote.
Commissioner Santiago Yes
Vice Mayor Holmes Not Present
Commissioner Kelley Yes
Commissioner Pinder Not Present
Mayor Taylor Yes
2. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AGREEMENT WITH H &R PAVING FOR MILLING AND PAVING SERVICES,
PIGGYBACKING ONTO AN EXISTING MIAMI -DADE COUNTY, FLORIDA
CONTRACT; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING
FOR AN EFFECTIVE DATE. Sponsored by M. T.
The above resolution was read by title by Attorney Brown.
It was moved by Mayor Taylor; motion died for lack of a seconded.
7. ADJOURNMENT:
There being no further business to come before the Commission, it was moved by
Commissioner Santiago, seconded by Commissioner Kelley to adjourn the meeting at
11:51 a.m.
ATTEST:
CITY CLERK
Special Commission Meeting Minutes — 03/18/2015 8