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HomeMy Public PortalAbout09-September 21, 2016 Special Commission Meeting CITY OF OPA-LOCKA "The Great City" CLERK'S ACTION SUMMARY MINUTES SPECIAL COMMISSION MEETING WEDNESDAY, September 21, 2016 5:00 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 5:00p.m. on Wednesday, September 21, 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: Mayor Myra L. Taylor, Vice Mayor Timothy Holmes, Commissioner Joseph L. Kelley, Commissioner John Riley and Commissioner Luis B. Santiago. Also in attendance were: Acting City Manager Yvette Harrell, City Attorney Vincent T. Brown, and City Clerk Joanna Flores. 3. INVOCATION: The invocation was delivered by Mayor Myra Taylor. 4. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was recited in unison. 5. CITIZENS' INPUT: Agenda Items Only Eric Redmon, Villa Francine, said that he does not understand why the wishes of the commission are not being honored. He said that the waste haulers contract came before them and they decided to toss out one of the vendors. The UWS contract states that once the contract has ended it will automatically be renewed. The City does not want it to be renewed is because of a default but no one knows what that is besides the attorney and he is not explaining it to anyone. The attorney answers to the commission and for some reason he thinks he doesn't. There has been no audit. Finance says that there has to be an audit for this, but there has been no audit. The commission has the power to throw out the default because it did not come before them, the attorney does not have power to do that on their own. Alvin Burke, 1240 Jann Avenue, said that this problem should have been resolved at the last commission meeting. He said that everyone knows how UWS got awarded the contract, as long as they are here one person has a job. Waste Management has been in the City before and has done a great job. For the citizens of the City, Waste Management is coming in with a generous package. The City needs to do the right thing. Special Commission Meeting Minutes—9/21/2016 1 There being no further persons to speak, Mayor Taylor closed the floor for citizens input. 6. DISCUSSION/ACTION ITEM: a) City Manager's recommendation — Citywide Solid Waste Collection and Disposal and possible City Commission action, if necessary. City Manager Harrell said that in order to maintain waste collection services, the City will need to continue to engage with UWS on a month to month basis until it can figure out a more permanent solution. Commissioner Santiago said that he received a report about five hours ago with three companies in it. One of the companies was rejected at the last meeting, but the manager has included the company in her report. City Manager Harrell said that she received information today which led her to change her recommendation. Given the time sensitive nature of the situation, her recommendation now is a month to month contract with UWS for no more than ninety (90) days until issues are addressed and a more permanent solution is decided. A resolution was read as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A MONTH TO MONTH CONTRACT FOR RESIDENTIAL SOLID WASTE COLLECTION AND DISPOSAL SERVICES WITH UNIVERSAL WASTE SERVICES FOR A PERIOD NOT TO EXCEED NINETY (90) DAYS BUT WILL BE A MONTH TO MONTH CONTRACT; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager The above resolution was read by title by Attorney Brown. It was moved by Commissioner Riley, second by Commissioner Santiago for discussion. Commissioner Riley said that at this time he is supporting the manager's recommendation but wants to amend it to no more than one hundred and twenty (120) days. Vice Mayor Holmes said that he is supporting the manager's recommendation of ninety (90) days. Commissioner Kelley said that he does not understand why the City has to enter into a month to month contract with the waste hauler for ninety (90) days; he said that is too long. City Manager Harrell said that the reason she recommended to push it back to ninety (90) days is to allow whatever issues there are to be sorted out. City Manager Harrell said that she chose ninety (90) days to allow the existing or new waste hauler to be prepared to handle the waste collection. Special Commission Meeting Minutes—9/21/2016 2 Commissioner Kelley said that he is concerned that it will take so long. He asked the attorney if the month to month contract will be set once it is decided. City Attorney Brown said that the agreement can be worded to have a clause for early termination if a waste hauler is selected before the end of the agreement. Commissioner Kelley said that he wants the least time possible for choosing a waste hauler. Commissioner Santiago said that he is confused by the manager's recommendation, he said it looks like someone is playing games; he asked her for clarity. City Manager Harrell said that the ninety (90) days is to allow for ample time for the hauler to prepare for service. There are no games being played. Commissioner Riley said that the reason he asked for the extra thirty (30) days is because the manager said that her staff is overwhelmed. He said that the manager said that she is going to request additional staff from the state. While the City is deciding on a waste hauler, the extra time will make the workload lighter on the current staff. The amended resolution was read as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A CONTRACT FOR RESIDENTIAL SOLID WASTE COLLECTION AND DISPOSAL SERVICES WITH UNIVERSAL WASTE SERVICES FOR A PERIOD NOT TO EXCEED ONE HUNDRED AND TWENTY (120) DAYS BUT WILL BE A MONTH TO MONTH CONTRACT; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE.Sponsored by City Manager The above resolution was read by title by Attorney Brown. It was moved by Commissioner Riley, second by Commissioner Santiago for discussion. Commissioner Kelley said that he does not understand why if the manager said that she only needs ninety (90) days, Commissioner Riley is suggesting one hundred and twenty (120) days. He said that she knows her staff and the workload that they have to handle. If she is not recommending it then why is it being dragged out? Commissioner Riley reiterated that it allows enough time to get everything in order. If the manager can have everything in order by then, then the agreement can include an early termination. Commissioner Kelley said that there is no need for the extra time. Commissioner Riley said that the time is needed so the manager does not have to come back to the commission. City Attorney Brown said that the commission and the board have been made aware that the current waste hauler has defaulted on the agreement and he can provide the documents to that effect. To say otherwise is not true. Special Commission Meeting Minutes—9/21/2016 3 Commissioner Riley said that he does not know what other commissioners have heard, but he has not received anything; he has no reason to lie. There being no further discussion, the motion on the amendment passed by a 4-1 vote. Commissioner Kelley Yes Commissioner Santiago Yes Vice Mayor Holmes No Commissioner Riley Yes Mayor Taylor Yes There being no discussion, the motion on the resolution passed by a 4-1 vote. Commissioner Kelley Yes Commissioner Santiago Yes Vice Mayor Holmes No Commissioner Riley Yes Mayor Taylor Yes 7. RESOLUTION: a) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, CONVENING ITSELF INTO A BOARD OF INQUIRY IN ACCORDANCE WITH ARTICLE II, SECTION 2.5(5) OF THE CITY OF OPA-LOCKA CHARTER, INQUIRING INTO THE WASTE HAULERS IN AND FOR THE CITY OF OPA-LOCKA, FLORIDA; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager The above resolution was read by title by Attorney Brown. It was moved by Commissioner Riley, second by Commissioner Santiago for discussion. Vice Mayor Holmes asked the dais why waste the commissions time when they already know who they are voting for. It is a waste of time. Commissioner Kelley said that it makes no sense to convene into a board and spend dollars when the process for the waste haulers is already going on. This resolution should be withdrawn and the bid process should go forward since money has already been allocated for it. There is a cost for everything and he does not see the cost for convening this board. Commissioner Riley said that there are things that some commissioners k now, but all of them don't. He said that the City talks about transparency, but there has been no audit. The air should be cleared so that everyone including the public can know what is going on. If there is nothing to hide, then why not open it up to the public. The cost of that should be no more than the cost of having this commission meeting. Commissioner Kelley said that he knows that it will cost more, but the commission should wait until the bid protest process plays out and then the arbitrator will report its findings. Special Commission Meeting Minutes—9/21/2016 4 Commissioner Riley said that the bid protest is between two (2) entities. The bid protest will not discover everything that the board of inquiry will discover. Knowledge is power and the inquiry will make everything transparent. Mayor Taylor asked Commissioner Riley if he is willing to hold off on the item until the bid protest process goes through. Commissioner Riley said that he wants the truth to come out. Commissioner Kelley said that he wants to know the fiscal impact if the commission decides to vote on the item. It will incur a cost and that cost needs to be attached so that everyone is aware of the fiscal impact. Mayor Taylor asked Commissioner Riley when he wanted the meeting to occur if the item is passed by the commission. Commissioner Riley said that the commission can decide that as soon as they vote on the item. Vice Mayor Holmes said that a board of inquiry needs to be convened to investigate the two page article that was recently printed in the newspaper. Mayor Taylor said that she could respond to that last statement but she will not because she knows where this is going. She said all she knows is that, "You will reap what you sow". There being no discussion, the motion on the resolution passed by a 3-2 vote. Commissioner Santiago Yes Vice Mayor Holmes No Commissioner Kelley No Commissioner Riley Yes Mayor Taylor Yes 7. ADJOURNMENT: There being no further business to come before the Commission, it was moved by Commissioner Kelley, seconded by Commissioner Riley to adjourn the meeting at 5:58p.m. ll��r MA OR ATTEST: r\ jam.``. ' L--h CITY CLERK Special Commission Meeting Minutes-9/21/2016 5