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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. Page 1 of 3 SPECIAL COMMISSION MEETING June 29, 2011 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 Page 2 of 3 SPECIAL COMMISSION MEETING June 29, 2011 0 L 1 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. � Ll, U -S L ( - Pamela Bushnell, Mayor Peter M.J. Ric rdson, CR , CMC City Clerk 0E- -TA.M q. ' :Q� �STABLtSHEO c 3 ; 1963 SEp,L -a• : O- 114) COUN`���� Page 3 of 3 SPECIAL COMMISSION MEETING June 29, 2011