HomeMy WebLinkAbout2011-07-13 - City Commission Regular Meeting MinutesCITY OF TAMARAC
REGULAR CITY COMMISSION MEETING
WEDNESDAY, JULY 13, 2011
CALL TO ORDER: Mayor Bushnell called the regular meeting of the City Commission to order
at 7:08 p.m. on Wednesday, July 13, 2011 in City Commission Chambers, Tamarac City Hall,
7525 NW 88 Avenue, Tamarac, FL 33321.
ROLL CALL: Mayor Pamela Bushnell, Vice Mayor Michelle J. Gomez, Commissioner Marion
Swenson, Commissioner Diane Glasser and Commissioner Harry Dressler.
ALSO PRESENT: City Manager Michael C. Cernech, City Attorney Samuel S. Goren and
Assistant City Clerk Patricia Teufel.
PLEDGE OF ALLEGIANCE: Commissioner Diane Glasser led the Pledge of Allegiance.
Mayor Bushnell asked for a moment of silence in honor of the recent passing of former Tamarac
Fire Chief Ray Briant and Community and Economic Affairs Officer Andy Berns' father, Jan
Berns.
PROCLAMATIONS AND PRESENTATIONS:
a. Cooper City Mayor Debby Eisinger, President of the Broward League of Cities Board of
Directors, appeared and gave an update regarding proposed Broward League of Cities initiatives
for the coming year.
b. Update regarding current Legislative Session presented by State Representative Hazelle P.
Rogers: Mayor Bushnell announced that State Representative Hazelle P. Rogers was unable to
attend tonight's meeting.
c. Presentation of a plaque to the Mayor and Commission by Randy Hibshman, representing
Challenger Baseball.
d. Presentation of a proclamation by Mayor Pamela Bushnell proclaiming the Month of July 2011
as "Parks and Recreation Month". (Requested by Parks & Recreation Director Greg Warner)
2. CITY COMMISSION REPORTS:
a. Commissioner Swenson said she responded to several residents emails; attended the July 4th
Celebration and wished Mayor Bushnell a happy birthday.
b. Vice Mayor Gomez: Thanked staff for the comprehensive budget workshop that was held on
June 28th; attended the Kiwanis dinner honoring Andy Berns on July 5th where he was awarded
the first Ron Hawthorn Humanitarian Award; recently toured Station 41 and was able to observe
Division Chief Pat Kendrick and Captain Chris Dixon train the new recruits. Vice Mayor Gomez
said she was sorry to have missed the July 4th Celebration and wished Mayor Bushnell a happy
birthday. Vice Mayor Gomez commented that it has been one year since she was appointed
Commissioner for District 2 and thanked the Commission and staff for all their encouragement
and training and hoped that she has served Tamarac well.
c. Commissioner Glasser: Took a tour of the impressive City Furniture facility on Hiatus Road;
attended the July 4th Celebration which was extremely well attended; attended an Ethics Task
Page 1 of 8 REGULAR COMMISSION MEETING July 13, 2011
Force meeting this week; attended the Employee Ice Cream Social at the TCC today which is an
event that shows appreciation for all the hard work the employees do. Commissioner Glasser
wished Mayor Bushnell a happy birthday.
d. Commissioner Dressler: Wished Mayor Bushnell a happy birthday. Read into the record an
email that he sent to Julie Patel at the Sun -Sentinel regarding Senate Bill 480 and the devastating
impact it will have Floridians (attached hereto and incorporated herein). Commissioner Dressler
said he owns a company that does analytical research and they spent 30 hours coming up with
all the consequences that would literally force people out of their homes which the Sun -Sentinel
refused to publish the findings.
e. Mayor Bushnell: Congratulated Vice Mayor Gomez on her one year anniversary of being
appointed as Commissioner for District 2. Mayor Bushnell attended the July 4th Celebration; also
went on the tour of City Furniture; recently took a CPR refresher course and encouraged
everyone to take the course; thanked staff for an excellent job in explaining the details of the
budget at the recent budget workshop; recently performed COPS duty which she found
fascinating and encouraged people to join; and attended the Employee Ice Cream Social today.
Mayor Bushnell also attended the funeral service of former Tamarac Fire Chief Ray Briant who
passed away this past weekend.
3. CITY ATTORNEY REPORT: City Attorney Goren said on June 7th the County Commission
considered the League of Cities proposal as an alternate proposal to the Broward County Ethics
Code at which time the County Commission requested the Inspector General study the issue and
recommend a Unified Ethics Code for Broward County. On June 27th City Attorney Goren met
with the League of Cities President, Mayor Debbie Eisinger, Lisa Aaronson, Coconut Creek
Commissioner and Chair of the Ethics Task Force, as well as the County Attorney and General
Counsel for the Inspector General, for the express purpose of exploring the options in looking at a
unified code. At the present time the IG's office is looking at other codes in other locations, which
may benefit the ultimate decision by the County Commission. They expect to bring it back for
consideration in August and it may well be based on a proposal from the IG's office. A component
discussed at yesterday's meeting was when the referendum was placed on last November's
ballot to impose an ethics code upon cities, another component that was not paid attention to is
the fact that the referendum question also requires that the Ethics Code would apply not just to
city commission members, or city council members, but to advisory boards of cities and city
employees. The consequence of which is the County Commission adopted a separate ethics
code for its own employees that was looked at and could potentially be used for cities as well.
We have been asked by the County Commission and the Broward League of Cities to provide
them with these documents for consideration during the next few weeks. At this point the County
Ethics Code is not yet applicable to cities, the matter is still on a suspended basis. City Attorney
Goren said Commissioner Glasser has worked very hard with the Task Force and attended the
County Commission Meeting on June 7th where they spent a lot of time on the subject. What
may also come from this is a potential Charter question that may be on the November 2012
ballot, or sooner, to essentially create an Ethics Commission for Broward County which would be
a place where matters could be heard or the IG could prosecute the violations of the Ethics Code.
City Attorney Goren spoke of the three additions to today's agenda. Mayor Bushnell expressed
concern about the impact of the ethics code on board and committee members and staff.
4. CITY MANAGER REPORT: City Manager Cernech reminded everyone that beginning July 18th
the Commission is on hiatus through August 141h. City Manager Cernech said he wanted to
commend the Mayor and Commission for the work they did on the budget and pointed out how
Page 2 of 8 REGULAR COMMISSION MEETING July 13, 2011
much more involved they are in the process which is the reason why the budget process has
become much smoother than it has been in the past and has made it easier for everyone
involved. City Manager Cernech thanked Financial Services Director Mason, Management and
Budget Analysts Kareyann Ashworth and Emilie Smith, Administrative Coordinator Charmaine
Eccles, as well as all the Department Directors and their assistants and managers who were
involved in the budget process. City Manager Cernech also thanked Assistant City Manager
Phillips and the staff of the City Manager's office for their assistance with the budget process. City
Manager Cernech thanked the Commission for their support and confidence in staff and their
willingness to support some of the changes that were recommended.
City Manager Cernech said he has received positive feedback from employees about the budget
process and they thanked him for the Commission's commitment to maintain the high levels of
service that Tamarac provides and for recognizing the value of those services that they feel
enhance the community. City Manager Cernech said that Tamarac Fire Rescue Captain Chris
Dixon, Union Rep of Local 3080, asked him to extend his thanks to the Commission for their
continuing support of the Fire Department.
City Manager Cernech said the Broward Sheriffs Office will be holding a Prescription Drug Buy -
Back and Shred-A-Thon on Saturday, September 10th from 9:00 am to 12:00 pm at the Moose
Lodge located at 6191 Rock Island Road. People who are turning in prescription drugs will
receive a $5 gift card, while supplies last. Additionally, there is a 5 box maximum per person for
those wishing to shred documents and if anyone has any questions, they can contact Deputy Carl
Fitzgerald at BSO.
Community Development reports that Tamarac is a direct recipient of SHIP funds of
approximately $50,000.
Parks and Recreation reported that it held a Senior Lunch with Uncle Sam and Betsy Ross which
100 people attended; the 4th of July Celebration was a great success this year and very well
attended.
City Manager Cernech spoke of upcoming events: The Princess Party for children ages 5 to 11
will be held on Saturday, August 271h from 10:00 am to noon at the Community Center; the fee is
$10 for residents and $20 for non-residents and pre -registration is required as space is limited to
the first 100 children. The Community Garage sale will be held on Saturday, September 10th from
7:30 am to 12:30 pm at the Community Center. Vendor spaces are available for $20.
City Manager Cernech said he looks forward to seeing everyone at the end of the summer break
at the end of August.
5. PUBLIC PARTICIPATION: There was no public participation.
6. CONSENT AGENDA: Mayor Bushnell asked if there were any changes to the Consent
Agenda. City Manager Cernech said that as requested at the workshop meeting on Monday Item
6(m) was being pulled from the consent agenda and moved to the regular agenda as item 7(b).
City Attorney Goren said that items 6(c) TR12049 and 6(I) TR12048 had been amended to reflect
September 14, 2011 at 7:00 p.m. as the correct date and time of the first public budget hearing
and read both TR10249 and TR12048 into the record.
Page 3 of 8 REGULAR COMMISSION MEETING July 13, 2011
Commissioner Dressler seconded by Vice Mayor Gomez moved approval of the Consent Agenda
as amended. The motion was approved unanimously (5-0).
a. APPROVAL OF THE JUNE 22, 2011 REGULAR COMMISSION MEETING MINUTES
APPROVED
b. APPROVAL OF THE JUNE 29, 2011 SPECIAL COMMISSION MEETING MINUTES
APPROVED
c. TR12049 - FY12 PRELIMINARY FIRE RESCUE ASSESSMENT RATE: A Resolution of the
City Commission of the City of Tamarac, Florida, relating to the provision of Fire Rescue
Services, facilities and programs in the City of Tamarac, Florida; establishing the estimated
assessment rate for Fire Rescue assessments for the Fiscal Year beginning October 1, 2011;
directing the preparation of an assessment roll; authorizing a Public Hearing and directing the
provision of notice thereof; providing for conflicts; providing for severability; and providing an
effective date.
RESOLUTION R-2011-70
d. TR12050 PUMPER AERIAL FIRE APPARATUS: A Resolution of the City Commission of the
City of Tamarac, Florida authorizing the acquisition of an E-One 78 foot Pumper/Aerial Fire
Apparatus from Hall -Mark Fire Apparatus, Inc., based on the Request for Proposal process (RFP)
11-17R, through the use of a financial lease arrangement, at a total cost not to exceed $607,667;
providing for conflicts; providing for severability; and providing for an effective date.
RESOLUTION R-2011-71
e. TR12051 - BROWARD COUNTY AGREEMENT - INSPECTION/PLAN REVIEW SERVICES: A
Resolution of the City Commission of the City of Tamarac, Florida authorizing the appropriate City
Officials to execute the Interlocal Agreement For Emergency/Non Guaranteed Supplemental
Support between Broward County and the City of Tamarac for inspection and plan review
services to be performed by the Broward County Building Code Services Division in the event
there is a staff shortage at rate of sixty six and 00/100 dollars ($66.00) per hour for a building
code inspector, seventy six and 00/100 dollars ($76.00) per hour for a plans examiner, eighty
dollars and fifty cents ($80.50) for a chief building code inspector, ninety and 00/100 dollars
($90.00) per hour for building official services. Overtime, when approved by the city, shall be at
one and one half the normal hourly rate, including annual increase of 5%, for a five year period
commencing October 1, 2011; providing for conflicts; providing for severability; and providing for
an effective date.
RESOLUTION R-2011-72
f. TR12052 - BROWARD COUNTY AGREEMENT - UNSAFE STRUCTURES BOARD: A
Resolution of the City Commission of the City of Tamarac, Florida authorizing the appropriate City
Officials to execute an interlocal agreement between Broward County and the City of Tamarac
providing for hearings by the Broward County Minimum Housing/Unsafe Structures Board at a
rate of sixty six dollars ($66.00) per hour for the code enforcement officer and thirty dollars and no
cents ($30.00) per hour for clerical support, with a maximum case cost of five hundred dollars
($500.00) unless written authorization from the City has been received; per noticed case, for a
five year period through September 30, 2016; providing for conflicts; providing for severability;
and providing for an effective date.
RESOLUTION R-2011-73
g. TR12053 - AWARD OF BID 11-22B FOR LANDSCAPE AND IRRIGATION PROJECT:
approving an Agreement with A Cut Above Landscape & Maintenance, Inc. for landscape and
irrigation work on the north side of Commercial Boulevard between Woodlands Boulevard and
Rock Island Road, in accordance with Bid No. 11-22B for an amount not to exceed $57,970.00;
authorizing an expenditure from the appropriate accounts; authorizing budget amendments for
Page 4 of 8 REGULAR COMMISSION MEETING July 13, 2011
proper accounting purposes; providing for conflicts; providing for severability; and providing for an
effective date.
RESOLUTION R-2011-74
h. TR12055 PURCHASE OF CLORTEC CT-450 HIGH EFFICIENCY ELECTRODE: A Resolution
of the City Commission of the City of Tamarac, Florida, authorizing the appropriate City Officials
to purchase one Clortec CT-450 High Efficiency Electrode from Carter & Verplanck, Inc., per the
quotation issued on June 16, 2011, in an amount not to exceed $42,150.00; authorizing the
appropriate budget amendments for said purpose; approving funding for this project from the
appropriate budgeted Utilities Operational account; providing for conflicts; providing for
severability; and providing for an effective date.
RESOLUTION R-2011-75
i. TR12056 PURCHASE OF LIQUID SODIUM HYPOCHLORITE (BLEACH) FROM ALLIED
UNIVERSAL CORP: A Resolution of the City Commission of the City of Tamarac, Florida,
authorizing the appropriate City Officials to purchase sodium hypochlorite (liquid chlorine bleach)
from Allied Universal Corp., per the quotation issued on June 2, 2011, in an amount not to exceed
$150,000.00; authorizing the appropriate budget amendments for said purpose; approving
funding for this project from the appropriate budgeted Utilities Operational account; providing for
conflicts; providing for severability; and providing for an effective date.
RESOLUTION R-2011-76
j. TR12058 - REQUESTING APPROVAL OF TAMARAC LETF EXPENDITURES: An Resolution
of the City Commission of the City of Tamarac, Florida, authorizing the appropriate City officials to
approve an application by the Broward Sheriff's Office for the release of Law Enforcement Trust
Funds in the amount of $58,379.00 to provide funding to renovate the Gym/Fitness Facility
located within the BSO Tamarac District Office, the request complies with the agreement between
the City of Tamarac and the Broward Sheriff's Office (BSO); providing for conflicts; providing for
severability; and providing for an effective date.
RESOLUTION R-2011-77
k. TR12034 - FY2010/2011 HOME INTERLOCAL AGREEMENT: A Resolution of the City
Commission of the City of Tamarac, Florida, accepting the 2010-2011 Fiscal Year HOME
Investment Partnership ("HOME") funds, authorizing the appropriate City officials to execute an
Interlocal Agreement for the designation of subrecipient and disbursement HOME Program,
Fiscal Year 2010-2011, with Broward County and subsequent agreements, if necessary, pending
legal review; providing for conflicts; providing for severability; and providing for an effective date.
RESOLUTION R-2011-78
I. TR12048 - FY12 PRELIMINARY MILLAGE RATE: A Resolution of the City Commission of the
City of Tamarac, Florida, authorizing the City Manager to send a proposed millage rate of 6.6850
mils for general operating purposes and a proposed millage rate of 0.0924 mils for voted debt
service to the Property Appraiser for Fiscal Year 2012, and setting September 12, 2011, at 5:05
p.m. at the Tamarac Commission Chambers, 7525 N.W. 88th Avenue, Tamarac, Florida, as the
date, time and place for the First Public Budget Hearing; setting September 21, 2011, at 5:05
p.m. at the Tamarac Commission Chambers, 7525 N.W. 88th Avenue, Tamarac, Florida as the
date, time, and place for the Second Public Budget Hearing; providing for conflicts; providing for
severability; and providing for an effective date.
RESOLUTION R-2011-79
m. TR12054 - ACCEPTING FEDERAL APPROPRIATION: A Resolution of the City Commission
of the City of Tamarac, Florida, accepting an award for a congressionally directed project
identified for funding in the Energy and Water Development and Related Agencies Appropriations
Act 2010 in the amount of $800,000; authorizing the appropriate City Officials to execute a project
agreement in the amount of $800,000 between the U.S. Department of Energy and the City of
Tamarac for congressionally directed project funds in the amount of $800,000 and providing a
Page 5 of 8 REGULAR COMMISSION MEETING July 13, 2011
minimum of a one to one match in local funds; providing for conflicts; providing for severability;
and providing for an effective date.
REMOVED FROM CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA AS ITEM
7 (b).
n. TR12057 - SCHOOL CROSSING GUARDS 2ND RENEWAL: A Resolution of the City
Commission of the City of Tamarac, Florida authorizing the appropriate City Officials to exercise
the second renewal option of the agreement between the City of Tamarac and Action Labor of
Florida, LLC (AKA: Staffing Connection) providing for Crossing Guard Services effective upon
execution of an agreement amendment renewing the agreement through September 30, 2013; for
a rate of $10.96 per hour; providing for conflicts; providing for severability; and providing for an
effective date.
N**]IILIJIIICI, 111VK11M.111
o. TR12060 PHOTOVOLTAIC PROJECT CHANGE ORDER #3: A Resolution of the City
Commission of the City of Tamarac, Florida, approving Change Order #3, amending an open end
term agreement with Roofing Concepts Unlimited, Inc. for the construction of the Photovoltaic
Project adopted under R-2009-170, providing for fixed pricing for construction of
Photovoltaic Cells for Municipal Facilities for a period of 720 days from date of award in
accordance with Bid #09-18B, for an amount of $184,600 and a 10% contingency of $18,460.00
for a total not to exceed $203,060.00 for each facility; providing for conflicts; providing for
severability; and providing for an effective date.
RESOLUTION R-2011-81
p. TR12062 - AUTHORIZE PURCHASE OF STREET SWEEPER AND DISPOSITION OF
SURPLUS EQUIPMENT: A Resolution of the City Commission of the City of Tamarac, Florida,
authorizing the appropriate City Officials to select, approve, and award to a vendor listed on the
Florida Sheriff's Association Bid 10-18-0907 for the purchase of a street sweeper replacing Unit
2028 in the City Fleet; authorizing an expenditure in an amount not to exceed $210,000;
approving funding from the appropriate account; declaring Unit 2028 as surplus and directing that
said equipment be disposed via trade-in with the vendor or via sale through established internet
markets to be selected; placing all proceeds into the appropriate funds from which the assets
were originally purchased; providing for conflicts; providing for severability; and providing for an
effective date.
RESOLUTION R-2011-82
7. REGULAR AGENDA
a. TR12025 - MURAL PLAZA - SITE PLAN EXTENSION: A Resolution of the City Commission of
the City of Tamarac, Florida, granting a time extension of one (1) year for final site plan approval
for Mural Plaza, as requested by South East Architect Services, Inc. (Lawrence Kramer),
applicant (Case No. 11-SP-11); providing for conditions of approval; providing for conflicts;
providing for severability; and providing for an effective date. City Attorney Goren read TR12025
by title. Commissioner Dressler seconded by Vice Mayor Gomez moved approval. Community
Development Director Bramley made staff's presentation and said it is staff's recommendation not
to grant the extension. Alan Ciftci, owner of Mural Plaza appeared and explained the events that
took place leading up to the request for the extension of the final site plan, said he is now in a
position to start construction and asked the Mayor and Commission to grant the request. Mayor
Bushnell said staff would be happy to work with Mr. Ciftci to come to an arrangement that would
be mutually beneficial to all. Commissioner Dressler asked what needed to be done to mitigate
this situation and Community Development Director Bramley responded the applicant's plans
need to be redesigned, reviewed and approved and staff is willing to work with the applicant on
the resubmission. Mr. Ciftci reiterated his request to grant the site plan extension.
Page 6 of 8 REGULAR COMMISSION MEETING July 13, 2011
On roll call Commissioner Swenson voted "no"; Vice Mayor Gomez "no", Commissioner Dressler
"no", Commissioner Glasser "no" and Mayor Bushnell "no". The motion failed (0-5)
b. TR12054 - ACCEPTING FEDERAL APPROPRIATION: A Resolution of the City Commission
of the City of Tamarac, Florida, accepting an award for a congressionally directed project
identified for funding in the Energy and Water Development and Related Agencies Appropriations
Act 2010 in the amount of $800,000; authorizing the appropriate City Officials to execute a project
agreement in the amount of $800,000 between the U.S. Department of Energy and the City of
Tamarac for congressionally directed project funds in the amount of $800,000 and providing a
minimum of a one to one match in local funds; providing for conflicts; providing for severability;
and providing for an effective date. City Attorney Goren read TR12054 by title. Commissioner
Swenson seconded by Vice Mayor Gomez moved approval. On roll call Commissioner Glasser
voted "yes", Vice Mayor Gomez "yes", Commissioner Swenson "yes", Commissioner Dressler
"no" and Mayor Bushnell "yes".
The motion was approved (4-1).
RESOLUTION R-2011-83
8. ORDINANCE(S) — FIRST READING
Mayor Bushnell asked if there was anything to be added to Ordinance(s) — First Reading. City
Attorney Goren said as was discussed at the workshop on Monday T02226 — Pain Clinic
Moratorium — is being added to the agenda as Item 8 (a). City Attorney Goren read T02226 by
title. Vice Mayor Gomez seconded by Commissioner Dressler moved approval of TO 2226 on first
reading. The motion was approved unanimously (5-0).
PASSED ON FIRST READING JULY 13, 2011
9. PUBLIC HEARING(S): There were no Public Hearing(s) items scheduled for this meeting.
10. ORDINANCE(S) — SECOND READINGS
a. T02225 - SOLID WASTE FRANCHISE AWARD: Motion to adopt an Ordinance of the City
Commission of the City of Tamarac, Florida, on second reading awarding RFP No. 09-16R and
approving a Franchise Agreement with Waste Management Inc. of Florida for furnishing collection
and disposal of residential solid waste and recycling and commercial solid waste; authorizing the
appropriate City Officials to execute the Franchise Agreement with Waste Management Inc., of
Florida and to take action consistent with the intent of this Ordinance; providing for the ability to
revise rates for solid waste and recycling collection and disposal services through the adoption of
a resolution by the City Commission; providing for conflicts; providing for severability; and
providing for an effective date. City Attorney Goren read T02225 by title. Vice Mayor Gomez
seconded by Commissioner Glasser moved approval of T02225 on second reading.
Mayor Bushnell called for a recess at 8.44 p.m. and reconvened the meeting at 8:58 p.m. with all
present as before.
The Mayor and Commission made the following disclosures regarding conversations with waste
haulers: Commissioner Swenson did not meet with anyone; Commissioner Dressler met with
Michael Moskowitz and representatives from Waste Management; Mayor Bushnell did not meet
with anyone; Vice Mayor Gomez met with Michael Moskowitz and Tim Bowers and Commissioner
Glasser met with representatives from Waste Pro.
Public Works Director Jack Strain, Budget/Contracts Manager Troy Gies and
Purchasing/Contracts Manager Keith Glatz appeared. Budget/Contract Manager Gies and
Page 7 of 8 REGULAR COMMISSION MEETING July 13, 2011
Purchasing/Contracts Manager Glatz gave presentations (attached hereto and incorporated
herein).
Mayor Bushnell opened the public hearing: The following individuals spoke against adoption of
T02225. Michael Moskowitz, Esq., representing Waste Pro; Luciano Isla, Esq., representing
Dade Waste Hauler's Council; Russell Mackie, Regional Vice President of Waste Pro of Florida
and Matt Morrall, Esq., representing Republic Services of Florida.
Attorney Isla and Attorney Morrall presented documentation to Assistant City Clerk Teufel which
is incorporated herein by reference and is on file in the Office of the City Clerk
Butch Carter, Government Affairs Manager for Waste Management, Inc. of Florida, introduced
himself and said he would be available if there were any questions.
With no one else wishing to speak, Mayor Bushnell closed the public hearing.
The motion was approved unanimously (5-0).
PASSED ON FIRST READING JUNE 29, 2011
PASSED ON SECOND READING JULY 13, 2011
ORDINANCE 0-2011-7
11. QUASI-JUDICIAL HEARING(S) — There were no Quasi -Judicial items scheduled for this
meeting.
12. OTHER: There being no other business to come before the City Commission, Mayor Bushnell
adjourned the regular meeting of the City Commission at 10:01 p.m.
Pamela Bushnell, Mayor
Patricia Teufel,
Assistant City Clerl&
Page 8 of 8 REGULAR COMMISSION MEETING July 13, 2011
7
Pat Teufel
From: Harry Dressler
Sent: Thursday, July 14, 2011 4:09 PM
To: Pat Teufel
Subject: Fwd: Commissioner Harry Dressler - Florida Property Insurance
From:"Harry Dressler"cl ia)r'css cr(cr;tar�aarac.org�
.. ...........................
Date: July 13, 2011 11:33:09 AM EDT
To: "i Tarry Dressler" <I Iar1ry:[7Y' ssletii)tarnarac.org>
Cc: "Marie Abbandando" <M f'rie.Abhan.dando(a),tanlarac.org>
Subject: Commissioner Harry Dressler - Florida Property Insurance
Commissioner Dressler wants to share his latest discussion with the Sun Sentinel
on the Florida property insurance calamity.
"Your article oil Citizen's dropping and looking for ways to drop discounts for hurricane mitigation will
be one of many articles that you will write. Your articles will focus on direct, intended impacts on
property 111SUrance (intended by the legislature) that will dramatically and negatively impact middle class
and lower income households. You will soon be writing articles on the draconian impacts on people's
lives, their ability to own a ]ionic, be insured at all, and to be financially solvent (especially after the
next hurricane that will lilt Florida).
File role of a free press is "to protect the afflicted and to afflict the privileged."
1 am saddened your newspaper did not run an extensive expose of the CONSEQUENCES of SB 408.
The consequences are as clear as glass because they are iNTE.N DED consequences. I wrote and spoke to
you about these things.
Your newspaper's responsibility was to EDUCATE, the people so action could have been taken to stop
the insurance travesty before it was ratified by the Legislature and Governor. The unfolding of the
consequences are now mere grist for your newspaper to report. To say "we substantially covered the
story" is unacceptable. YOU did not explain what you covered, not as commentary but as analysis. This
was a disastrous policy decision and a failure of your constitutional responsibility.
This Significant institutional failure on the Sun-Sentinel's part requires a major policy discussion at the
highest corporate level. The simple issue is how you will cover the "next time" an issue arises that
has clear and major negative impacts on the quality of life in Florida."
Sincerely,
I arry Dressler
Commissioner, District 4
City of Tamarac
Public Works Department
Recommendation of Award
RFP 09-16R
July 13, 2011
Residential Solid Waste & Recycling
Three Agreements with two Vendors for Residential Services
Single -Family (curbside) Solid Waste -- All Service
Multi -Family (Condo) Solid Waste — Waste Management
Residential Recycling —All Service
Contracts in place for approximately 17 years
Rates and services have not been competitively bid for that period
Commercial Solid Waste
Seven Franchise Agreements for Commercial Solid Waste
Current system and initial agreements in place since 1992
Franchise Fees (10% commercial and 15% multi -family residential)
are below average
City Commission determined it to be beneficial to utilize a
competitive contract award process to combine agreements into
one agreement. Ensuring the City receives high-level service at a
competitive cost.
To this end, City issued RFP 09-16R in December 2009.
2
January 2009: Commission Workshop on solid waste and recycling
contracts.
May 2009 Selected two independent professional consultants
(RW Beck and Redman Consulting Group) to propose
procurement processes, draft solicitation documents,
analyze proposals, and assist with development of a
negotiation strategy.
June — July 2009 Determination based on Consultants
recommendations, current economic conditions, and
industry trends to grant exclusive franchise for
residential solid waste and recycling and commercial
solid waste. 5
July — Dec 2009 Draft RPP for Residential Solid Waste and Recycling
and Commercial Solid Waste Services developed with
assistance from Consultants.
December 16, 2009 RFP 09-16R Solid Waste, Recycling, Yard Waste
and Bulk Waste published
December 21, 2009 Addendum # 1 issued; provided copies of existing
Agreements and waste hauling costs
January 14, 2010 Addendum # 2 issued; amended proposal to
inform Vendors of City's intent to award
commercial hauling as part of final contract award
January 28, 2010 Mandatory pre -proposal conference held at City
Hall
February 23, 2010 Addendum # 3 issued; changed deadline for
written questions, amended RFP closing date,
and responded to inquiries from pre -proposal
conference, and provided for a revised proposal
pricing form
March 2010: City Attorney reviewed City Solid Waste
Ordinance and recommended updates and
revisions to conform to State Statute language
and to include language on the proposed single
vendor of residential and commercial solid waste
services.
March 18, 2010 Addendum # 4 issued; responded to written
questions
April 13, 2010: Proposals received from five (5) vendors: Choice
Environmental, Republic (All Service), Southern
Waste Systems, Waste Management, and Waste
Pro. Received a "non -bid" from Ace Waste.
C!
April 15, 2010: RFP Evaluation Committee (Michael Cernech,
Mark Mason, Jack Strain, and Troy Gies)
appointed by City Manager
April 19, 2010: Proposals forwarded to Evaluation Committee
May 27, 2010: Oral presentations from Choice Environmental,
Republic (All Service), Southern Waste Systems,
Waste Management, and Waste Pro.
May 28, 2010: City receives notice that Ace Waste had filed
lawsuit against the City for "displacement"
May — June 2010: Financial analysis, reference checks, and pricing
clarification completed
June 7, 2010: Scoring instructions issued to Evaluation
Committee
June 9, 2010: Evaluation Committee Meeting
June 11, 2010: Evaluation Committee recommends RFP award
to Waste Management subject to successful
negotiation of an agreement
June 24, 2010: Waste Management negotiation letter issued
July 14, 2010: Revisions to City Ordinance Chapter 19: Solid
Waste. Adopted upon second reading, the
Ordinance updates language to conform to State
Statute; allow the single vendor of residential solid
waste and recycling and commercial solid waste
services; and establishes an annual license for
residential construction and demolition (C&D) and
for commercial recycling.
August 2010: City Attorney advises three-year notice, per
Section 403.70605 Florida State Statutes, to all
current franchised commercial solid waste haulers
advisable as a conservative measure to defuse
Ace Wastes Claim of displacement, and that a 45-
day notice is required prior to public meeting
regarding three-year notice
September 2010: Completed draft agreement; incorporated
comments from City staff, City Attorney and
consultant
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September 30, 2010: Draft Agreement sent to Waste Management
October 2010: Attorneys for Ace Waste presented information
regarding potential violation of a final judgment
from an anti-trust suit issued in 2004. City
determines that negotiation process should be put
on hold until we obtain direction from the U.S.
Department of Justice and the Florida Attorney
General
October 2010: City seeks an opinion from U.S. Dept of Justice
and the Florida Attorney General In response to
Ace Waste correspondence regarding the alleged
violation of an anti-trust judgment against Waste
Management 13
October 14, 2010: Initial negotiation meeting with Waste
Management cancelled — Negotiation process put
on hold awaiting decision by DOJ and FLAG
October 27, 2010: Public Meeting seeking public comment in
reference to Tamarac Taking Over the Solid Waste
and Recycling Collection and Disposal Services
January 14, 2011: Department of Justice and Florida Attorney General
issue joint opinion that award of a contract based
on a competitive process does not violate the final
2004 anti-trust judgment, and stated the City is
entitled to seek competition in this area
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March 14, 2011: First negotiation session with Waste Management
to finalize an agreement
March 15, 2011: City's Motion for Partial Summary Judgment
regarding Ace Waste's Lawsuit granted -- stated
Ace Waste was not entitled to hold an agreement in
perpetuity
April 7 - 12, 2011: Revised draft Agreements sent to Waste
Management
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April 14, 2011: Final negotiation session with Waste Management
June 2011: Waste Management determines it will be able to
begin service no later than October 1, 2011,
including distribution of wheeled garbage and
recycling carts
June 16, 2011: Final Agreement with Waste Management signed
and delivered
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Solid Waste and Recycling
Proposal Overview
M
Household (Single-family) Solid Waste
Twice -weekly Curbside Collection
Household garbage and small yard waste and trimmings
Household (Single-family) Recycling
Weekly Curbside Collection
Multi -Family Solid Waste and Recycling
No significant Change to schedule or method
Dumpster and carts shall be cleaned and replaced more frequently
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Household (Single-family) Solid Waste
Twice -weekly curbside collection
Wheeled cart (95, 65, or 35 Gallon)
Carts provided by Contractor, including replacement
Household garbage and small yard waste and trimmings
Monday — Friday Only -- Fewer trucks in residential areas on weekends
Household (Single-family) Recycling
Weekly Curbside Collection
Wheeled Cart (95, 65, or 35 Gallon)
Carts provided by Contractor, including replacement
Recyclable materials remain the same
Single -stream (no sort) recycling
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Multi -Family Solid Waste and Recycling
Dumpsters will be sanitized regularly
Recycling carts will be maintained and replaced by Contractor
Currently:
Household Garbage
Two 30-gallon cans or bags twice weekly - household garbage only
Resident must provide cans / bags
Frequent complaint of animals / pests tearing at bags and tipping cans
Recycling
Currently: Iff
18 Gallon curbside recycling bin
No cover — newspapers and paper not recycled if wet
Increased litter (spilled bins, wind, etc.)
„A
Proposed:
35 Gallon Cart once a week
Wheeled cart for convenience
Covered keeps recycling dry and in place
Can upgrade to 65 or 95 Gallon, if
requested
Bulky Waste and Multi -Family
Bulky Waste:
No significant changes
Weekly for single-family and quarterly for multi -family
With 95 Gallon Carts, much yard waste (e.g. palm fronds and trimmings) will
go with garbage
Multi -family Solid Waste and Recycling:
Old and damaged 95 gallon recycling carts will be replaced
Dumpsters will be cleaned and disinfected more regularly
One vendor for both solid waste and recycling
2:1
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HOA Clubhouses
Clubhouses will receive Solid Waste Cart and Recycling Cart
and will be serviced on the same schedule as surrounding
residences at no charge.
Clubhouses currently have the same limitations as single-family
(2 bags / cans twice weekly) and many do not have recycling
bins.
Changes will greatly increase the capacity for solid waste and
improve recycling at these community clubhouses.
M
City will receive solid waste and recycling for no
additional cost at:
All City Facilities and City Parks
Special Events
City has sole authority to determine which facilities receive service and at
what frequency
Up to 12 Special events per year including, but not limited to, July 01
Celebration, Turkey Trot, City Garage Sale, Holiday Lighting Ceremony, etc.
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Commercial Solid Waste in Tamarac is currently collected by seven
franchised haulers
On October 27, 2013, all commercial solid waste will be
consolidated and performed by one contractor
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City would receive $1,200,000 annually for residential
solid waste collection services
Initially, City would receive 20% franchise fees on all
gross receipts for commercial solid waste
Following October 27, 2013 commercial solid waste
transition date, City would receive a minimum
$1,800,000 annually in total franchise fees
In FY 2010, City received total of $1,185,000 in franchise
fees for residential and commercial solid waste services
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Public Comments - Special Commission Meeting, June 29, 2011
Main Issues raised included:
• The overall legality of the RFP Process
• Evaluation process and approach used
• Issuance of Addendum #2 / provision of commercial solid waste
services
• Current market conditions
1.5
Several comments raised the issue of the legality of all or part of the
RFP Process and subsequent recommendation of award
• City Attorney review of the timing and facts associated with the
process reveal neither misconduct nor violations of the
Sunshine Law
• Process undertaken was transparent and the decisions were
not arbitrary
Cost of commercial solid waste not included in evaluation
• Consultant advised exclusion of commercial solid waste from
evaluation of price component
• Inadequate information to accurately determine existing levels of
service and to evaluate proposed costs
• Proposers were aware commercial pricing was not to be scored, but
quality of service would be evaluated
• Commercial solid waste service was specifically listed as a component
of the proposer's approach in RFP evaluation
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• Analysis and comparison of awarded Lauderhill and Miramar RFPs
• City Staff, with assistance from Redman Consulting Group, evaluated
procurement documents, bid tabulations, and proposed contracts
• Lauderhill's RFP and proposed agreement do not include recycling
• Both Lauderhill and Miramar RFPs pass at least a portion of the
cart purchases directly to the residents
• Miramar pricing includes monthly bulk collection versus weekly
• Miramar pricing includes additional fees not captured in the base
rate
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• If rates provided in responses to the Lauderhill and Miramar RFPs
were applied to Tamarac's number of single-family residential units,
tonnage for multi -family residential, and estimated commercial solid
waste tonnage
• Using the Miramar rate, the estimated approximate rate would be
$910,000 higher annually
• Using the Lauderhill rate the estimated approximate rate would be
$1,673,000 higher annually
IVA
Comparison of proposed commercial rates with current rates
• City does not have access to contracts with individual businesses
Staff did conduct random sample of businesses to compare
proposers' rates
• Rates per cubic yards ranged from $8 to $34 compared to
proposed rate of $14.74
• No standard of service for rates sampled
City Staff recommend award of RFP 09-16R to Waste Management for the
collection and disposal of Residential Solid Waste and Recycling and
Commercial Solid Waste
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City of Tamarac
Public Works Department
Recommendation of Award
RFP 09-16R
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