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HomeMy Public PortalAbout09-September 14, 2016 Regular Commission Meeting CITY OF OPA-LOCKA "The Great City" CLERK'S ACTION SUMMARY MINUTES REGULAR COMMISSION MEETING WEDNESDAY, September14, 2016 7:00 P.M. Sherbondy Village Auditorium 215 Perviz Avenue Opa-locka, FL 33054 1. CALL TO ORDER: Mayor Myra Taylor called the meeting to order at 7:00p.m. on Wednesday, September 14, 2016 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 John Riley, Commissioner Luis B. Santiago, and Mayor Myra L. Taylor. Also in attendance were: City Manager Yvette Harrell, City Attorney Vincent T. Brown, and City Clerk Joanna Flores. 3. INVOCATION: The invocation was delivered by Commissioner Joseph L. Kelley. 4. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was recited in unison. 5. AWARDS/PROCLAMATIONS/ACKNOWLEDGEMENTS: 6. APPROVAL OF CONSENT AGENDA AND PULL LIST (deferrals and deletions): The following items were pulled from the Consent Agenda to be discussed separately under Action Items: pulled 13-1 (Commissioner Santiago); deferred 13-2, (City Manager Harrell); pulled 13-6, deferred 13-8 (Commissioner Kelley); pulled 13-6 (Vice Mayor Holmes). NEW ITEMS: 14-1: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, ACCEPTING THE PROPOSAL OF WASTE MANAGEMENT INC., OF FLORIDA, FOR THE PROVISION OF RESIDENTIAL AND COMMERCIAL SOLID WASTE COLLECTION AND DISPOSAL SERVICES PURSUANT TO RFP NO. 16-3103200; FURTHER AUTHORIZING THE CITY MANAGER TO ENTER INTO AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND FOR FINAL APPROVAL BY THE CITY COMMISSION; PAYABLE FROM ACCOUNT NO. 34-534340; PROVIDING FOR Regular Commission Meeting Minutes—9/14/2016 1 INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager It was moved by Commissioner Riley, seconded by Vice Mayor Holmes to amend the agenda to include the above resolution as item 14-1. There being no further discussion, the motion passed by a 5-0 vote. Commissioner Riley Yes Commissioner Santiago Yes Vice Mayor Holmes Yes Commissioner Kelley Yes Mayor Taylor Yes 14-2: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER #1 WITH INTERCOUNTY ENGINEERING TO REPLACE WATER AND SEWER METERS AND TO RELOCATE WATER SERVICE LINES THAT ARE IN CONFLICT WITH STORMWATER SERVICE LINES ON CAIRO LANE AT A COST OF $190,101.09, AND CHANGE ORDER #2 WITH INTERCOUNTY ENGINEERING TO REPLACE DETERIORATING WATER METERS ON CAIRO LANE AT A COST OF $9,609.96; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager It was moved by Vice Mayor Holmes, seconded by Commissioner Riley to amend the agenda to include the above resolution as item 14-2. There being no discussion, the motion passed by a 5-0 vote. Commissioner Santiago Yes Vice Mayor Holmes Yes Commissioner Kelley Yes Commissioner Riley Yes Mayor Taylor Yes 7. APPROVAL OF AGENDA: It was moved by Vice Mayor Holmes, seconded by Commissioner Riley to approve the agenda, consent agenda and pull list. There being no discussion, the motion passed by a 5-0 vote. Vice Mayor Holmes Yes Commissioner Kelley Yes Commissioner Riley Yes Commissioner Santiago Yes Mayor Taylor Yes 8. APPROVAL OF MINUTES: Regular Commission Meeting Minutes—9/14/2016 2 Regular Commission Meeting—07/13/2016. It was moved by Vice Mayor Holmes, seconded by Commissioner Riley to approve the minutes of the Regular Commission Meeting on July 13, 2016. There being no discussion, the motion passed by a 5-0 vote. Commissioner Kelley Yes Commissioner Riley Yes Commissioner Santiago Yes Vice Mayor Holmes Yes Mayor Taylor Yes Regular Commission Meeting—07/27/2016. It was moved by Commissioner Riley, seconded by Vice Mayor Holmes to approve the minutes of the Regular Commission Meeting on July 27, 2016. There being no discussion, the motion passed by a 5-0 vote. Commissioner Riley Yes Commissioner Santiago Yes Vice Mayor Holmes Yes Commissioner Kelley Yes Mayor Taylor Yes Special Commission Meeting—08/02/2016. It was moved by Vice Mayor Holmes, seconded by Commissioner Riley to approve the minutes of the Special Commission Meeting on August 2, 2016. There being no discussion, the motion passed by a 5-0 vote. Commissioner Santiago Yes Vice Mayor Holmes Yes Commissioner Kelley Yes Commissioner Riley Yes Mayor Taylor Yes Special Commission Meeting—09/06/2016. It was moved by Commissioner Riley, seconded by Vice Mayor Holmes to approve the minutes of the Special Commission Meeting on September 6, 2016. There being no discussion, the motion passed by a 5-0 vote. Vice Mayor Holmes Yes Commissioner Kelley Yes Commissioner Riley Yes Commissioner Santiago Yes Regular Commission Meeting Minutes—9/14/2016 3 Mayor Taylor Yes 9. DISTRICT ONE/DISTRICT TWO - COUNTY COMMISSIONER REPORT Larry Gardner, Commissioner Barbara Jordan's Office, District I, said that he is glad to be back before the commission. He said that he does not have anything new to report, but will take back any issues the commission may have to Commissioner Jordan. District II, Commissioner Jean Monestime's Office: City Clerk Flores said that Bradley Woodson called and told her that he did not know if he would make it in today, she read the following written report: 3B2, 167188 (adopted from last week's BCC, 9/7/16) RESOLUTION RATIFYING ACTION OF THE COUNTY MAYOR'S DESIGNEE APPROVING AND EXECUTING JOINT PARTICIPATION AGREEMENT NO.429268-1-94-01 WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION IN THE AMOUNT OF $137,500.00 FOR TAXIWAY REPAIR AT MIAMI-OPA LOCKA EXECUTIVE AIRPORT This joint participation agreement (JPA) provides FDOT funding of$137,500.00 toward the total estimated cost of$171,875.00 for the rehabilitation and repair costs for OPF taxiways. MDAD's reserve Maintenance and Operating bud get will fund the County's share and any costs that exceeds the funds from FDOT. The work for this project will include resurfacing or repair of asphalt pavement, lime-rock base renovation, upgrading all of the associated utilities and electrical circuits, centerline and other markings, and edge and hold-bar lighting. 10. PUBLIC PRESENTATION: 11. CITIZENS' INPUT: Mayor Taylor opened the floor for citizens input, there being no persons to speak, citizens forum was closed. 12. ACTION ITEMS: 1 (13-1). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, RATIFYING THE AGREEMENTS BETWEEN THE CITY OF OPA-LOCKA, FLORIDA, AND MY LAWN SERVICES INC., EFFECTIVE AS OF NOVEMBER 2, 2015 (EXHIBIT "A") AND ALLOW PAYMENTS UNDER THE SAME; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager The above resolution was read by Attorney Brown. It was moved by Commissioner Santiago, seconded by Commissioner Riley for discussion. Regular Commission Meeting Minutes—9/14/2016 4 Commissioner Santiago said that there is already a contract with My Lawn. If the item is already budgeted why is this item on the agenda? He asked the manager if it cost additional money to the City. City Manager Harrell explained that former City Manager Steve Shiver executed the additional agreement with My Lawn. She said that My Lawn has agreed to continue providing the services for rates lower than those they initially agreed upon. Commissioner Santiago said that the budget and the expenses need to be reduced. With respect to layoffs, the City needs to be sure of the fiscal impact and the effect it will have for this budget year. City Manager Harrell said that the former manager made these several agreements with My Lawn under the resolution that was passed that did not require him to come before the commission for agreements or purchases less than twenty five thousand dollars ($25,000.00). After negotiating, My Lawn is willing to continue to provide the same services for thirty percent (30%) less. Commissioner Santiago said that he just wants to minimize costs. Vice Mayor Holmes said that he thought the City had decided to bring those services back in house to save the City money. Commissioner Kelley said that this is one of the few rare times that he agrees with the manager. He said that he always had a problem with the resolution that was passed to allow a manager to spend that kind of money. By the time it becomes an issue; large amounts of money have already been spent. He told the attorney that he wants a resolution that reflects that the manager be able to spend up to five thousand dollars ($5,000.00) without coming before the commission. There being no further discussion, the motion on the resolution passed by a 4-1 vote. Commissioner Kelley Yes Commissioner Riley Yes Commissioner Santiago Yes Vice Mayor Holmes No Mayor Taylor Yes 2 (13-6). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENGAGE IN EMPLOYMENT OUTSIDE OF CITY AS AN ATTORNEY FOR YJ HARRELL, PLLC; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager The above resolution was read by Attorney Brown. It was moved by Commissioner Kelley, seconded by Commissioner Santiago for discussion. Regular Commission Meeting Minutes—9/14/2016 5 Commissioner Kelley said that he understands that the manager is a licensed attorney, he is however concerned that the condition that the City is in requires a fulltime manager. He feels that her outside employment will affect time that needs to be spent in her position as manager. Commissioner Riley said that he understands the manager's position and even some police officers have outside employment. Commissioner Santiago asked if there was work required for the manager to do as an attorney to keep her law practice. City Manager Harrell said that while she is not required to disclose her outside employment to the commission, she is doing it for transparency. There being no further discussion, the motion on the resolution passed by a 4-1 vote. Commissioner Riley Yes Commissioner Santiago Yes Vice Mayor Holmes Yes Commissioner Kelley No Mayor Taylor Yes 13. CONSENT AGENDA: 1 (13-3). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO SPEND $1400.00 FOR TWO SURVEYS NEEDED TO COMPLETE THE PUBLIC UTILITIES INSTALLATION AND RESURFACING PROJECT ON CAIRO LANE; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager 2 (13-4). A RESOLUTION OF THE CITY COMMISSION OF CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO SPEND UP TO $20,000.00 FOR APPRAISALS AND UP TO $5,000.00 FOR TITLE SEARCHES ON CERTAIN PARCELS OF CITY-OWNED REAL ESTATE (EXHIBIT "A"); PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager 3 (13-5). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE AN RFP FOR MOLD REMEDIATION SERVICES OF HELEN MILLER CENTER AT SEGAL PARK; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager 4 (13-7). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, APPROVING A SETTELEMENT BETWEEN ANTHONY C. MUSTO AND THE CITY OF OPA-LOCKA (EXHIBIT "A"); PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Attorney Regular Commission Meeting Minutes—9/14/2016 6 5 (13-9). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, REQUIRING THE CITY MANAGER TO PROVIDE THE CITY COMMISSION A QUARTERLY REPORT ON DELIQUENT WATER AND SEWER ACCOUNTS OF $10,000.00 OR MORE; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by Commissioner Kelley 6 (13-10). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, REQUIRING ALL PAYMENT PLANS ON DELINQUENT WATER AND SEWER ACCOUNTS OF $10,000.00 OR MORE BE APPROVED BY THE CITY COMMISSION; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by Commissioner Kelley The above resolutions were read by title by Attorney Brown. It was moved by Commissioner Riley, seconded by Vice Mayor Holmes to pass the resolutions. There being no discussion, the motion on the resolutions passed by a 5-0 vote. Commissioner Santiago Yes Vice Mayor Holmes Yes Commissioner Kelley Yes Commissioner Riley Yes Mayor Taylor Yes 14. NEW ITEMS: 1. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, ACCEPTING THE PROPOSAL OF WASTE MANAGEMENT INC., OF FLORIDA, FOR THE PROVISION OF RESIDENTIAL AND COMMERCIAL SOLID WASTE COLLECTION AND DISPOSAL SERVICES PURSUANT TO RFP NO. 16-3103200; FURTHER AUTHORIZING THE CITY MANAGER TO ENTER INTO AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND FOR FINAL APPROVAL BY THE CITY COMMISSION; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager The above resolution was read by title by Attorney Brown. Mayor Taylor opened the floor for a public hearing. Omar Bradford, Law Firm Genovese, Joblove, and Bautista, 100 Southeast 2nd Street, Miami Florida 33131, appeared on behalf of Waste Management. He said that Waste Management is the best recommendation for the solid waste pickup. Alvin Burke, 1240 Jann Avenue, said that he does not know why Waste Management left in the past, but they are a great asset to the City. Regular Commission Meeting Minutes—9/14/2016 7 There being no further persons to speak, the public hearing was closed. It was moved by Commissioner Santiago, seconded by Vice Mayor Holmes for discussion. Commissioner Riley said that he mentioned his concern about this item to the oversight board. He has a problem with how it was handled and is recommending that the commission reject all bids. Commissioner Kelley said that he had a conversation with the attorney regarding the bid protest. He said that he was told that the manager is not supporting the item and wants to know why? City Manager Harrell said that she went along with the recommendation of the selection committee even though she does not support the item. Commissioner Kelley said that he does not understand why the manager would not make her own recommendation. He asked her if she supports the item. City Manager Harrell said that she has some issues with UWS and she is going to meet with them next week to clear these things up. At this time she is supporting the process and the recommendation of the selection committee. Commissioner Kelley asked the attorney to clarify the manager's decision. City Attorney Brown said that the selection committee's process was done correctly and they made a recommendation. The manager does not have to support any decision, but she chose to take the recommendation from the committee and present it to the commission. The commission has the authority to approve or reject the recommendation. Commissioner Kelley said that he is uncomfortable with what is going on. Vice Mayor Holmes said that he understands Commissioner Kelley's concerns, but he supports the manager's decision. Commissioner Santiago said that he is ready to vote. City Manager Harrell made it clear that she supports the selection committee's decision to choose Waste Management. Commissioner Riley made a motion to reject all bids; it was seconded by Commissioner Santiago. Omar Bradford, Law Firm Genovese, Joblove, and Bautista, 100 Southeast 2nd Street, Miami Florida 33131, said that there is no reason to not pick Waste Management. They are the most cost effective and are the most qualified competitors; if the bids are thrown out then the City will lose more money. Commissioner Riley said that he does not have any issues with Waste Management, but the way the process started was tainted and the commission has the authority to reject all bids and resubmit. Regular Commission Meeting Minutes—9/14/2016 8 Alvin Burke, 1240 Jann Avenue, said that the city manager has already made her recommendation and she is going along with the selection committee. They have been sitting there for thirty (30) minutes and still have not come to a conclusion. If the manager has given her recommendation, then the commission needs to put it to vote. Robert Turino, Universal Waste Services, 3121 NW 132nd Street, said that there will be a four hundred and sixty thousand dollar ($460,000.00) increase on the residential per year. That is a half a million dollars per year for the next three (3) years at a cost to the taxpayers for the same service, that is crazy. Jason Neal, Waste Management, 3401 NW 110th Street, said that the RFP states that the City can award one or two companies. The process was done fairly. He does not know where the talk is coming from about it being unlawful, but the process was done fairly and they are ready to partner with the City again. Marc Cooper, said that he believes that Waste Management is deceiving the board. A motion was made by Commissioner Riley to reject all bids, it was seconded by Commissioner Santiago. Commissioner Kelley said that he does not support rejecting all bids. There being no further discussion, the motion failed by a 3-2 vote. Commissioner Kelley No Commissioner Riley Yes Commissioner Santiago Yes Vice Mayor Holmes No Mayor Taylor No There being no further discussion, the motion on the resolution failed by a 3-2 vote. Vice Mayor Holmes Yes Commissioner Kelley Yes Commissioner Riley No Commissioner Santiago No Mayor Taylor No Commissioner Kelley asked the manager what happens now that the resolution failed. City Manager Harrell said that she is going to have to figure out how the garbage is going to be picked up. There are various options and she will have to see what needs to be done, including working with UWS on a temporary basis. Commissioner Kelley said that the commission has put the City in a tough position. They could have awarded the contract to one of the competitors. He does not understand why they are setting themselves up to fail. He is baffled by this. City Attorney Brown said that he needs direction from the commission on how to handle the bid protest. Regular Commission Meeting Minutes—9/14/2016 9 Commissioner Kelley said that everything is already in place and should remain that way. Commissioner Riley said there is no need for the hearing since there is no bid before the commission. Vice Mayor Holmes said that he is disturbed by what is going on with the garbage collection contract. 2. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER #1 WITH INTERCOUNTY ENGINEERING TO REPLACE WATER AND SEWER METERS AND TO RELOCATE WATER SERVICE LINES THAT ARE IN CONFLICT WITH STORMWATER SERVICE LINES ON CAIRO LANE AT A COST OF $190,101.09, AND CHANGE ORDER #2 WITH INTERCOUNTY ENGINEERING TO REPLACE DETERIORATING WATER METERS ON CAIRO LANE AT A COST OF $9,609.96; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager The above resolution was read by title by Attorney Brown. Mayor Taylor opened the floor for a public hearing, there being no persons to speak on the public hearing, public hearing was closed. It was moved by Vice Mayor Holmes, seconded by Commissioner Riley to pass the resolution. There being no discussion, the motion passed by a 5-0 vote. Commissioner Riley Yes Commissioner Santiago Yes Vice Mayor Holmes Yes Commissioner Kelley Yes Mayor Taylor Yes 15. PLANNING & ZONING: 16. ORDINANCES/RESOLUTIONS/PUBLIC HEARING: A. FIRST READING ORDINANCE(S): 1. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, ESTABLISHING A NEW ADVISORY BOARD TO THE CITY COMMISSION TO INCLUDE THE CONSOLIDATION AND ACTIVATION OF THE HISTORIC PRESERVATION BOARD; PROVIDING FOR SEVERABILITY CLAUSE; PROVIDING FOR A CONFLICT AND REPEALER CLAUS AND RESCINDING ALL ORDINANCES IN CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by the City Manager The above ordinance was read by title by Attorney Brown. Regular Commission Meeting Minutes—9/14/2016 10 It was moved by Commissioner Riley, seconded by Commissioner Santiago to pass the ordinance on first reading. There being no discussion, the motion on the ordinance passed by a 5-0 vote. Commissioner Kelley Yes Commissioner Riley Yes Commissioner Santiago Yes Vice Mayor Holmes Yes Mayor Taylor Yes 2. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, ESTABLISHING A NEW LAND USE ADVISORY BOARD TO THE CITY COMMISSION TO INCLUDE THE CONSOLIDATION AND ACTIVATION OF THE HISTORIC PRESERVATION BOARD; PROVIDING FOR SEVERABILITY CLAUSE; PROVIDING FOR A CONFLICT AND REPEALER CLAUS AND RESCINDING ALL ORDINANCES IN CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by the City Manager The above ordinance was read by title by Attorney Brown. It was moved by Commissioner Riley, seconded by Vice Mayor Holmes to pass the ordinance on first reading. There being no discussion, the motion on the ordinance passed by a 5-0 vote. Vice Mayor Holmes Yes Commissioner Kelley Yes Commissioner Riley Yes Commissioner Santiago Yes Mayor Taylor Yes B. SECOND READING ORDINANCE(S)/PUBLIC HEARING: 1. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, ADOPTING AMENDMENTS TO CORRECT SCRIVENER'S ERRORS IN ORDINANCE NO. 15-31, THE LAND DEVELOPMENT REGULATION / CITY ZONING CODE ORDINANCE; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR CODIFICATION AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE (first reading held on July 27, 2016). Sponsored by City Manager The above ordinance was read by title by Attorney Brown. Mayor Taylor opened the floor for a public hearing, there being no persons to speak on the public hearing, public hearing was closed. It was moved by Commissioner Riley, seconded by Vice Mayor Holmes to pass the ordinance on second reading. Regular Commission Meeting Minutes—9/14/2016 11 There being no discussion, the motion on the ordinance passed by a 5-0 vote. Vice Mayor Holmes Yes Commissioner Kelley Yes Commissioner Riley Yes Commissioner Santiago Yes Mayor Taylor Yes 2. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AMENDING ORDINANCE NO. 90-7, CHAPTER 2, ARTICLE VI, DIVISION 1 OF THE CITY OF OPA-LOCKA CODE OF ORDINANCES, CREATING SECTION 2-230.2, ESTABLISHING A "CONE OF SILENCE" POLICY FOR INVITATIONS TO BIDS, REQUESTS FOR PROPOSALS AND OTHER SOLICITATIONS; PROVIDING FOR SEVERABILITY AND CODIFICATION; PROVIDNG FOR CONFLICT AND REPEALER; PROVIDING FOR AN EFFECTIVE DATE (first reading held on July 27, 2016). Sponsored by City Attorney The above ordinance was read by title by Attorney Brown. Mayor Taylor opened the floor for a public hearing, there being no persons to speak on the public hearing, public hearing was closed. It was moved by Vice Mayor Holmes, seconded by Commissioner Riley to pass the ordinance on second reading. There being no discussion, the motion on the ordinance passed by a 5-0 vote. Commissioner Santiago Yes Vice Mayor Holmes Yes Commissioner Kelley Yes Commissioner Riley Yes Mayor Taylor Yes 3. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AMENDING CHAPTER 2, ARTICLE VI, DIVISION 1 OF THE CITY OF OPA-LOCKA, FLORIDA, CODE OF ORDINANCES, CREATING SECTION 2-325, ESTABLISHING A PROTEST PROCEDURE FOR INVITATIONS TO BIDS, REQUEST FOR PROPOSALS AND OTHER SOLICITATIONS; PROVIDING FOR SEVERABILITY AND CODIFICATION; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR AN EFFECTIVE DATE (first reading held on July 27, 2016). Sponsored by City Manager The above ordinance was read by title by Attorney Brown. Mayor Taylor opened the floor for a public hearing, there being no persons to speak on the public hearing, public hearing was closed. It was moved by Commissioner Riley, seconded by Vice Mayor Holmes to pass the ordinance on second reading. Regular Commission Meeting Minutes—9/14/2016 12 There being no discussion, the motion on the ordinance passed by a 5-0 vote. Commissioner Santiago Yes Vice Mayor Holmes Yes Commissioner Kelley Yes Commissioner Riley Yes Mayor Taylor Yes C. RESOLUTIONS/PUBLIC HEARING: 1. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA TO CONSIDER THE REQUEST OF POLIMIX PROPERTIES, INC FOR SITE PLAN APPROVAL TO CONSTRUCT AND OPERATE A CONCRETE BATCHING FACILITY AT 14800 NW 24TH COURT, ON A 54,000 SQUARE FOOT SITE OR 1.23 ACRES MORE OR LESS BY CALCULATIONS WHICH IS COMPRISED OF TWO PROPERTIES IDENTIFIED BY TAX FOLIOS 08-2122-025-0510 AND 08-2122-025-0500. PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by the City Manager The above ordinance was read by title by Attorney Brown. Mayor Taylor opened the floor for a public hearing. Robert Holland, Polimix Properties, Inc., said that the industrial area is away from the residential neighborhoods. The facility will be landscaped and maintained by the company. Everything will be brand new. The trucks will be washed every day. All of the permits are in place and is being monitored by DERM. It is a multi-million dollar company that will be investing into the City. Employment opportunities will be available to Opa-locka residents first. Alvin Burke, 1240 Jann Avenue, said that companies always come into the City and make promises they don't keep. The area is located behind the old Jackson Hospital, but across 27th Avenue is a residential area and kids play outside. The City has to maintain breathable air. Marc Cooper, 6801 SW 75th Terrace, said that you have to maintain the quality of the area so that you can attract business. E. Lewis Burnside, said that economic opportunity will be created by bringing in the company. Health situations can be maintained and rules and regulations can be in place to force regulation habits. Robert Holland, said that the City has to build its commercial and industrial corridors. The company has plants in other cities and he has never heard of residents getting sick from the dust. Matthew Pigatt, 1300 Peri Street, said that he would be supportive of the company if the agreement includes the company contributing to fixing the roads and the hiring of ex-felons. Commissioner Kelley said that he wants to hear from the Planning Council and wants to know if they have any concerns. Regular Commission Meeting Minutes—9/14/2016 13 Gregory Gay, Community Development Director, said that they have gone through the process and have made a recommendation to the commission for approval. There being no further persons to speak on the public hearing, public hearing was closed. It was moved by Commissioner Kelley, seconded by Vice Mayor Holmes to deny the request of Polimix Properties. There being no further discussion, the motion passed by a 5-0 vote. Vice Mayor Holmes Yes Commissioner Kelley Yes Commissioner Riley Yes Commissioner Santiago Yes Mayor Taylor Yes 2. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA TO CONSIDER THE REQUEST OF POLIMIX PROPERTIES, INC FOR DEVELOPMENT AGREEMENT APPROVAL TO CONSTRUCT AND OPERATE A CONCRETE BATCHING FACILITY AT 14800 NW 24TH COURT, ON A 54,000 SQUARE FOOT SITE OR 1.23 ACRES MORE OR LESS BY CALCULATIONS WHICH IS COMPRISED OF TWO PROPERTIES IDENTIFIED BY TAX FOLIOS 08-2122-025- 0510 AND 08-2122-025-0500. PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by the City Manager 17. CITY MANAGER'S REPORT: Acting City Manager Harrell said that she has provided a report to the dais and is available to take any questions that they may have. Commissioner Santiago said that the A/C has been broken on the 2nd floor for three months now and the children are suffering. Regardless of what issues the City has with the school, the youth should not be pulled into it. City Manager Harrell said that the A/C has not been broken for three months. When the City was aware of the situation, a repair company was sent to work on it three different times before it was determined that a part needed to be replaced. It is not retaliation on the children because of the lawsuit. Commissioner Santiago pledged to get new cars for the Police Department. Commissioner Riley said that when the contract is decided for the waste hauler, it needs to include the maintenance of the transfer station. Vice Mayor Holmes said that a lot of street lights are out around the City. City Manager Harrell said that she is aware of the situation and it is pending state approval to replace the lights. Regular Commission Meeting Minutes—9/14/2016 14 Commissioner Kelley said that a list of all equipment and repair needs to be done so that the City can prioritize expenses as they come. Mayor Taylor said that she is concerned about the Zika Virus outbreak that is going on around Miami-Dade County. She asked the manager to make sure all of the junk yards behind The Gardens Apartment are cooperating and not having any standing water around after the rain. The area was sprayed before when there was no virus around, but she is not sure where it stands now. She told the attorney that the code book needs to be updated. 18. OFFICIAL BOARD REPORTS: No reports at this time. 19. MAYOR/COMMISSION REPORT: Commissioner Kelley said that movie night will be held this month; Farm Share and Feeding South Florida are still held monthly as scheduled. A Hispanic Heritage event will be held in October. Commissioner Santiago announced that he will be hosting Bingo on September 30, 2016. He also mentioned the Hispanic Heritage event for October. 20. OFFICIAL BOARD APPOINTMENTS: 21. ADJOURNMENT: There being no further business to come before the Commission, it was moved by Commissioner Riley, seconded by Commissioner Santiago to adjourn the meeting at 9:47p.m. AY. ' ATTEST: CITY CLERK Regular Commission Meeting Minutes—9/14/2016 15