HomeMy WebLinkAbout2011-06-29 - City Commission Special Meeting MinutesCITY OF TAMARAC
SPECIAL CITY COMMISSION MEETING
WEDNESDAY, JUNE 29, 2011
CALL TO ORDER: Mayor Bushnell called the special meeting of the City Commission to
order at 10:44 a.m. on Wednesday, June 29, 2011 in City Commission Chambers, Tamarac
City Hall, 7525 NW 88 Avenue, Tamarac, FL 33321.
PRESENT: 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, Assistant City Attorney Julie Klahr and
City Clerk Peter M.J. Richardson.
PLEDGE OF ALLEGIANCE: Mayor Pamela Bushnell led the Pledge of Allegiance.
Mayor Bushnell explained that although this morning's meeting was not a public hearing, a
portion of the meeting would be opened for public comments with up to ten (10) minutes
being allotted for one representative from each firm to speak and up to three (3) minutes per
person would be allotted for all other interested parties.
1. T02225 - SOLID WASTE FRANCHISE AWARD
Motion to adopt an Ordinance of the City Commission of the City of Tamarac, Florida, on first
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. Assistant City Attorney Klahr read Temporary Ordinance 2225 by title. She
noted that the City Commission had the authority and discretion relative to consideration of
this matter. Commissioner Dressler moved, seconded by Vice Mayor Gomez, to approve
T02225.
Mayor Bushnell opened the meeting for public comments. She noted that each waste
hauling firm would have a total of ten minutes for comments and all other speakers would
have up to three minutes to make their comments.
John Lawson, a member of the Board of the Dade Waste Hauler's Council, expressed his
opinion that the process for the proposed solid waste franchise award was tainted in a
number of respects.
Mary Riedel, President and CEO of Women in Distress of Broward County, thanked the City
Commission for their support of Women in Distress. She stated that Ace Waste Services
was very supportive of Women in Distress and other non-profit agencies in Broward County.
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Jim Feeley, owner of Ace Waste Services, noted that his firm was presently providing refuse
collection services in the City of Tamarac and expressed hope that the overall process would
work out.
Kimberly Feeley, part of owner of Ace Waste Services, said that her firm was very much
involved in the community through agencies such as Women in Distress Auxiliary, Autism
Speaks, Boys and Girls Club of Broward County and other charities. Ms. Feeley said that
Ace Waste Services was more than a commercial waste hauling company and was very
involved in the Tamarac community.
Tim McGovern, Co -Chair of the Fort Lauderdale St. Patrick's Day Parade, stated that Jim
Feeley was instrumental in bringing back the St. Patrick's Day Parade in Fort Lauderdale
over the past three years. He also said that Jim Feeley sponsored a picnic to provide funds
to a number of community agencies.
Michael Moskowitz, Esq., representing Waste Pro, handed a package of letters regarding the
solid waste RFP process to the Mayor and City Commissioners, and expressed hope that
they would review these materials prior to the second reading of the ordinance on this matter.
Mr. Moskowitz outlined his client's concerns about the criteria and factors used in the
evaluation process for the solid waste franchise agreement. Mr. Moskowitz stated that a
number of communities in Broward County had either awarded, or were in the process of
considering, solid waste franchise agreements with monthly rates that were lower than the
$22.60 monthly rate for residential customers being proposed to the City of Tamarac. Mr.
Moskowitz requested that the Mayor and City Commissioners leave the existing process
criteria in place and have all five proposers resubmit their best and final prices. Mr.
Moskowitz stated that this could all be done within a period of about thirty days.
Russell Mackie, Regional Vice President of Waste Pro of Florida, expressed concern that the
RFP did not evaluate commercial pricing. Mr. Mackie stated his opinion that his firm had the
lowest overall cost and overall highest qualified bidder. He requested that the City of
Tamarac negotiate with Waste Pro relative to the solid waste franchise agreement.
Matt Morrall noted that he represented Republic Services of Florida, also known as All
Service. He stated that Republic Services was the second largest waste hauler in the world
and a long-time partner with the City of Tamarac, who had provided exceptional service to its
customers. Mr. Morrall said that the RFP for solid waste services was fifteen months old and
that there had been many changes in the solid waste industry, the Broward County interlocal
agreement and Resources Recovery Board during this timeframe. He requested that the
Mayor and City Commissioners seek best and final offers from each of the proposers in the
solid waste RFP process, possibly saving the City of Tamarac additional funds.
Joe Goldstein, representing Southern Waste Systems, stated that the Mayor and City
Commissioners had the independent discretion to determine which of the five vendors
represented the best value to the citizens of Tamarac. Mr. Goldstein said that his client had
offered the lowest price of all of the vendors, a criteria weighted at 40% in the City's RFP
process. Stating that his client was competent and capable to do the work, he requested that
the Mayor and City Commissioners reject all bids and re -start the RFP process, possibly
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using a price and technical acceptability model, similar to the process utilized by the federal
government.
Richard Gross, representing the Waste Haulers Council of Dade County, said he concurred
with Mr. Moskowitz and Mr. Goldstein that the City's RFP process for solid waste services
was legally flawed relative to a number of elements. Mr. Gross urged the Mayor and City
Commissioners to reject all the existing bid proposals and restart the entire process.
With no one else wishing to speak Mayor Bushnell closed the public comment period.
Mayor Bushnell inquired whether Mr. Cernech had anything additional to offer at this time.
Mr. Cernech said that City staff had no comments at this time. Mayor Bushnell inquired
whether there were any comments from members of the City Commission. There were no
comments from members of the City Commission.
The motion to approve T02225 on first reading was adopted unanimously (5-0).
PASSED ON FIRST READING JUNE 29, 2011
Assistant City Attorney Julie Klahr noted that second reading of T02225 would take place on
Wednesday, July 13th in the City Commission Chambers.
There being no other business to come before the City Commission, Mayor Bushnell
adjourned the regular meeting of the City Commission at 11:32 a.m.
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City Clerk
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