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Home My WebLink About1993-02-10 - City Commission Regular Meeting MinutesCity Council Regular Meeting 2/10/93/PP I Page 1 CITY OF TAMARAC CITY COUNCIL REGULAR COUNCIL MEETING WEDNESDAY, FEBRUARY 10, 1993 CALL TO ORDER.: Mayor Bender called the meeting to order on Wednesday, February 10, 1993, at 7:00 P.M. in Council Chambers of Tamarac City Hall, 7525 Northwest 88th Avenue, Tamarac, Florida. Py,rT)r-W. OF AT.T.li!f3TCE! Mayor Bender called for the Pledge of Allegiance. Mayor H. Larry Bender Vice Mayor Henry Schumann Councilman Norman Abramowitz Councilman Irving Katz Councilman Joseph Schreiber "SO RRESENT: John P. Kelly, City Manager Mitchell S. Kraft, City Attorney Carol A. Evans, City Clerk Phyllis Polikoff, Secretary 19. XOTION TO APPROVE establishing a new Account #144-872-588-6HR entitled "Hiatus Road Extension and Access Road" with the funds available in the Trafficway Improvement Fund in the amount of $904,641. SYNOP IS OF ACTION; AGENDIZED by Consent (See Page 9 for discussion and Final Action) C/M Katz MOVED to AGENDIZE the establishment of a new account with funds from the Trafficway Improvement Fund, SECONDED by C/M Abramowitz. 1. PRESENTAj,`,ION by Mayor Bender of a proclamation designating February 8-12, 1993, as "COMMUNITY INVOLVEMENT WEEK" and recognizing the invaluable services of Tamarac Elementary School's senior volunteers. SX=RTS OF ACTION. Mayor Bender presented a Proclamation to Jan Caivano of Tamarac Elementary School. 2. of the expiration of the terms of office for positions on the PLANNING COMMISSION. SYNOPATA Or ACTION: ANNOUNCED Mayor Bender announced terms of office would expire for Planning Commission members. 3. -- Any member of the public may speak to any issue which is not agendized for public hearing at this City Council Regular Meeting 2/10/93/PP Page 2 • meeting. Speakers will be limited to three minutes during this item and at public hearings. There will be a thirty (36) minute aggregate time limit for this item, and speakers are encouraged to sign up in advance with the City Clerk prior to their participation. Harvey Barash, of the Tamarac Jaycees, asked the City to reconsider their denial of the Proclamation requested by John Lederman, also of the Tamarac Jaycees. Marie Garzaniti, of the Tamarac Jaycees, expressed her opinion regarding the Proclamation requested by John Lederman. Bernie Simms, resident of Bermuda Club, asked if there were any changes to the multi -family garbage contract. Mayor Bender said the matter was agendized for the Public Hearing. City Manager Kelly stated the contract was not finished and he would speak to any resident. John Lederman, of the Tamarac Jaycees, voiced his thoughts about the Proclamation denied by the City and the Tamarac Jaycees was supported by other cities. Mayor Bender said he supported the Tamarac Jaycees but refuted the claims made by Mr. Lederman. 4. Items listed under Consent Agenda, Item 4, are viewed to be routine and the recommendation will be enacted by ONE MOTION in the form listed below. 'If discussion is desired, then the item(s) will be removed from the Consent Agenda and will be considered separately. a. MOTION_T,Q_APPROVE_ the attendance of the City Manager at the Emergency Management Institute Course (E213) Disaster Response and Recovery Seminar in Emittsburg, Maryland, April 26-28, 1993. b. MOTION TO APPROVE the minutes of the following City Council meetings: 1. 1/13/93 - Regular Meeting C. HQjiON TO APPROVE renewal of a model sales permit and waiver of the 150-foot distance requirement for issuance of certificates of occupancy for WOODMONT GREENS (WOODMONT TRACT 67) for a six --month period from 3/23/93 to 9/23/93 (located on the northeast corner of NW 88 Avenue and NW 75 Street). City Council Regular Meeting 2/10/93/PP Page 3 L, d. the attendance of Kelly Carpenter, Director of Community Development, at the Florida Innovation Group Seminar in Tampa, Florida, on 3/12/93. C/M Katz MOVED to APPROVE the Consent Agenda, SECONDED by V/M Schumann. ALL VOTED AYE 5, DISQUSSION AND EQSSIBLE ACTIQX1 regarding performance evaluations for the City Attorney and the City Manager. SYNOPSIS OF ACTION, City Manager to purchase five sets of handbooks, at $65 each, from International City Manager's Association. C/M Abramowitz said the documentation was received but a Workshop should be scheduled. Mayor Bender recommended purchasing five sets of handbooks and assigning them to the Council area. C/M Schreiber MOVED to PURCHASE five sets of handbooks, not to exceed $325, SECONDED by C/M Abramowitz. Discussion was held about the handbooks and the portions pertaining to City Administrators. `VOTE: ALL -VOTED "AYE 6. regarding the single-family residential sanitation services contract. SYNOPSIS OF ACTION: See Page 5 Mr. Kelly read his summary report (Attachment #1) and said the City was not receiving any franchise revenues; the budget would have to be amended; and, recommended Council authorize termination of further negotiations with Seacoast Sanitation. Mayor Bender interrupted this Item to commence the Public Hearing. 12. on second reading authorizing the appropriate City officials to execute an Agreement with Waste Management, Inc., d/b/a Southern Sanitation, to provide multi -family solid waste collection in the City of Tamarac (tabled 1/27/93). axm.g,T.g ny _ ACTION PUBLIC Hearing TABLED at request of City Manager to Regular Council Meeting scheduled for Wednesday, February 24, 1993 at 10:00 a.m. City Attorney Kraft read Temp. Ord. #1630 by Title. City Council Regular Meeting 2/10/93/PP Page 4 Mr. Kelly said although Item 12 was advertised, Council would be unable to resolve it and he suggested Item 12 be Tabled. C/M Schreiber MOVED to TABLE Temp. Ord. #1630 to Wednesday, February 24, 1993 at 10:00 a.m., SECONDED by V/M Schumann. VOTE: ALL VOTED AYE 13. PUBLiCMING - HOTIM—TO_ADOPT ZJ9W, ,=d. #1631 on second reading concerning a request by Regency Homes to change the Land Use Plan Map from Commercial to Residential for Parcel "A" of WOODMONT TRACT 56, located on the northwest corner of University Drive and NW 78 Street. Petition #1-LUA-92 3YNOPSTS OF ACTION: ORDINANCE 0-93-1-PASSED PUBLIC HEARING was held. APPROVED on Second and Final Reading. City Attorney Kraft read Temp. Ord. #1631 by Title. C/M Katz MOVED to APPROVE Temp. Ord. #1631, SECONDED by C/M Abramowitz. Kelly Carpenter, Director of Community Development said there were no changes since the First Reading and Public Hearing. Mayor Bender OPENED and CLOSED the Public Hearing Portion with no further discussion. VOTE: C/M Katz - AYE V/M Schumann - AYE C/M Schreiber - JMY C/M Abramowitz - AYE Mayor Bender - AYE 14• - on second reading concerning a request by Regency Homes, Inc., to rezone lands (Parcel "A" of WOODMONT TRACT 56) located on the northwest corner of University Drive and NW 78 Street from B-1 (Neighborhood Business) to R-1 (Single Family). Petition #41-Z-92 ORDINANCE 0-93-2-PASSED PUBLIC HEARING was held. APPROVED on Second and Final Reading. City Attorney Kraft read Temp. Ord. #1632 by Title. C/M Katz MOVED to APPROVE Temp. Ord. #1632, SECONDED by V/M Schumann. Ms. Carpenter said there were no changes since the First Reading and Public Hearing and Staff and the Planning Commission recommended APPROVAL. Mayor Bender OPENED the Public Hearing Portion of the Meeting. C/M Abramowitz said members of the Woodmont Property Owners Association were very pleased with the proposed project. Mayor Bender CLOSED the Public Hearing Portion of the Meeting with no further discussion. VOTE: V/M Schumann - AYE r- City Council Regular Meeting 2/10/93/PP Page 5 C/M Schreiber - NAY C/M Abramowitz - AYE C/M Katz - AYE Mayor Bender - AYE 15. pL7ALTC" 9URTNQ_-_NOTION TO_AD021 Tamn. Ord__#1620 on first reading concerning a proposal by the City of Tamarac to amend Chapter 10 to create a cost recovery system to recover costs incurred by the City's outside traffic consultant for review of development permits. Case #38-Z-92 PUBLIC HEARING was held and APPROVED on First Reading. City Attorney Kraft read Temp. Ord. #1628 by Title. C/M Katz MOVED to APPROVE Temp. Ord. #1628, SECONDED by C/M Abramowitz. Ms. Carpenter said the City had a Traffic Engineer doing studies and the cost for these studies would now be paid by the developer. Mayor Bender OPENED the Public Searing Portion of the Meeting. Melanie Reynolds, resident of Sands Point, asked if there was a precedent or case law concerning the Ordinance. TAPE 2 Ms. Reynolds stated there was a problem between the time the Land Use Plan was advertised and the First Reading and Public Hearing was held. There was discussion -regarding -precedent and:case_law..:and Ms. Carpenter said they did not apply and the text change was not subject to the stipulations in Chapter 166. She said the Ordinance was applied throughout Broward County and the United States and both items were advertised at the same time to save money. Mayor Bender CLOSED the Public Hearing. VOTE: ALL VOTED AYE 6. DISCUSSION AND POSSZELE ACTION regarding the single-family residential sanitation service contract. SYNOPSLSA.,,OF ACTION • See Page 3 for initial discussion. City Manager was directed to negotiate again with Seacoast Sanitation during a weeks period and, at the same time, prepare a bid package for rebidding specifically for bags. Mr. Kelly continued reading his report and said the second recommendation was to reject all bids, giving the City the options of beginning a new bid process or negotiating with the present hauler, Southern Sanitation. He said the latter option was separate from the bid process. There was discussion regarding the contract and Mr. Kelly said the City notified the present hauler of its intention to terminate the contract and negotiate with other haulers. He said the City and Southern Sanitation agreed to continue the present contract on a month -to -month basis until a decision was made and any service could be negotiated, without limitations to cans or bags. City Council Regular Meeting 2/10/93/PP Page 6 r Mr. Kelly said his final recommendation was to negotiate the single-family garbage contract with the present hauler and to provide a written status report by Friday, February 19, 1993. Mayor Bender suggested first terminating negotiations with Seacoast Sanitation. C/M Schreiber disagreed. Richard Marant, representing Seacoast Sanitation, distributed data and indicated highlights of the proposal. He said the total cost over five years for single-family collection would be $70,140 per month based on $1.10 per bag or nine bags per resident, per month. Mr. Marant commented about Conversion and C.P.I. factors and the cost of the bags to the City. He said Seacoast was the lowest and most responsive bidder and the total savings over five years would be $386,760. He praised Dina McDermott, Assistant City Manager, for providing an excellent contract. C/M Abramowitz agreed but said there was a question of the increase in the tipping fee. There was further discussion about the cost of the bags and the tipping fees and C/M Abramowitz asked if Seacoast Sanitation would provide an agreement regarding a cap of a $1 on the tipping fee. Mr. Marant said, yes. C/M Schreiber agreed Seacoast Sanitation was the lowest and most responsive bidder and they were willing to negotiate a lower tipping fee in succeeding years, beyond the first year, and he recommended negotiating the contract with Seacoast. Mary Blasi, Finance Director, disagreed with Mr. Marant and said as the cost of the bag and the tipping fees increased the first year, the $.42 per bag would not remain $.42 but it would be compounded every year. She suggested negotiating the contract annually based on $.02 per bag the first year so that -lesser amounts would be compounded and at the end of °five years, the contract would cost less, even if the bags cost $.07. There was discussion regarding the cost and amount of bags per family, the tonnage, and the cost per unit, per month. C/M Katz reiterated Mr. Marant was amenable about negotiating a $1 cap on the tipping fee and if a lower figure was compounded from the very beginning, the City could save. Mr. Marant said Seacoast Sanitation provided the lowest bid which would save over $386,000 over five years. He said Seacoast would negotiate the initial figure of 2% if Staff was willing to restructure the contract. Bill Laystrom, representing Southern Sanitation, said Seacoast Sanitation's bid was unrealistic, disposal fees increased dramatically. He reiterated Mr. Kelly's suggestion to negotiate with his company under the present contract. TAPE 3 C/M Abramowitz suggested reopening the bidding process only for bags and if a $6 tipping fee continued over two years, the figure of $1.10 per bag (proposed by Seacoast) would become $1.63. He recommended rejecting all bids and reopening the bidding process only for bags with the stipulation that all bids are to be returned within two weeks. V/M Schumann said new bids would still have an escalation clause and no one could visualize what the tipping fee would be. C/M Schreiber suggested a Workshop be scheduled to hear Seacoast's offer before going out to bid. C/M Katz suggested scheduling a Special Meeting for Friday, February 12th, instead, because a Vote could not be taken at a Workshop. C/M Abramowitz agreed with C/M Schreiber. 1 City Council Regular Meeting 2/10/93/PP Page 7 Harold Carter, Jr., representing All Service Refuse, discussed the initial Request for Proposal, the present contract with Southern Sanitation, vacations days, the number of bags per unit, conversion factors, weight of the bags and tipping fees. He said his Company was the lowest and most responsive bidder and they were ready to negotiate immediately and All Service was already providing a curbside recycling program. Mr. Kelly said the City could not negotiate with any hauler until all the bids were rejected and then they could negotiate with any hauler. C/M Abramowitz said he could never vote for a conversion factor of $.07 per dollar. Mr. Kelly said he could recommend Seacoast Sanitation if they agreed to a $1 cap each year and each year there was a savings of over $386,000. Sal Coniglio, representing County Waste, agreed with reopening the bid process and the City would agree with Broward County's tipping fee based on $1.85 per ton, per home, per year. Marie Hornberger, representing Browning Ferris Industries, voiced her comments and agreed the City should reopen the bid process. Mayor Bender expressed his thoughts regarding the number of bags and recommended that Council give Seacoast one week to reconsider their proposal. He said at the same time, Mr. Kelly prepare the Request for Proposal to go out to bid if Seacoast's proposal was not satisfactory to the City. C/M Abramowitz reiterated his earlier comment that all bids would first have to be rejected. C/M Schreiber41OVED to 4 GREE to meet withinoneweek with SEACOAST SANITATION in order for them to clarify their proposal, "SECONDED by C/M Katz. Mayor Bender stated that during this one week period, bid documents, reflecting bags, be prepared to be sent out if Seacoast's proposal was unsatisfactory. C/M Abramowitz suggested the bid include the figures used by Broward County. Mr. Kelly requested input from each Council member in order to ` prepare the bid documents. Mayor Bender said Council would comply. ►il%��rf? 7. NOT USED ALL VOTED AYE 8. approving a revised site plan for WOODMONT TRACT 67 (WOODMONT GREENS) project reflecting removal of the 5--foot wide sidewalk along NW 88 Avenue (Pine Island Road). Case #4-SP-93 SYNOPSIS OF ACTION• DENIED City Attorney Kraft read Temp. Reso. #6428 by Title. C/M Abramowitz MOVED to APPROVE Temp. Reso. #6428, SECONDED by C/M Schreiber. Ms. Carpenter read the Findings of Fact and said the applicant was requesting approval to remove the sidewalk. She said although the City Council Regular Meeting 2/10/93/PP Page 8 10 sidewalk was not physically on the property, it was required by Broward County and the Land Development Code. She added Staff objected to removing the sidewalks and both the Plan Adjustment Committee and the Planning Commission denied the request. C/M Abramowitz said the sidewalk should not be removed. Cynthia Paddock, representing Regency Homes, expressed her comments and said there would be no other sidewalks on the east - side of Pine Island Road and Broward County would waive their requirements for the sidewalk. She said if sidewalks were approved in the future, Regency Homes would pay their fair share. VOTE: ALL VOTED NAY 9. MOTION TO ADOPT To=. Reso_ #6429 concerning a delegation request by Pulte Home Corporation to change the note on the face of a plat for LAND SECTION 8 PLAT (unrecorded); the note currently restricts Parcels A and B to 827 townhouses and Parcel C to 77,000 square feet of commercial and the applicant is requesting the note to read that Parcels A, B and C are restricted to 470 single-family homes. Case #2--P-93 SYNORSIS-9F.ACTION: RESOLUTION R-93-12-PASSED APPROVED City Attorney Kraft read Temp. Reso. #6429 by Title. C/M Katz MOVED to APPROVE Temp. Reso. #6429, SECONDED by C/M Abramowitz. Ms. Carpenter read the Findings of Fact and said the applicant was ,aequesting a ,Delegation Request to change the _density from 8 units/acre to 4.208 units/ acre. She said the applicant wished to proceed ahead of the zoning request. Jim Hernandez, representing Pulte Homes, said the Delegation process through Broward County took a long time and he wanted to proceed without delay at the time the zoning approval was completed. C/M Schreiber asked why the applicant could not wait until the Planning Commission met because Council made their decision based on the Planning Commission's recommendation. Mr. Hernandez said he could wait. Ms. Carpenter said the Planning Commission would meet on February 17 but the Item would not come before the Council until March 10 and the Second Public Hearing was scheduled for March 24. There was discussion and C/M Abramowitz said he was delighted to, see something constructed. C/M Katz said it was not right to make the applicant wait until July to go before Broward County's Planning Council and Commission for approval because the applicant would come before the Council in September. TAPE 4 Ms. Carpenter said Council, not the Planning Commission, made the final recommendation to approve the rezoning and the earliest date would be March 24 for the Second Reading and Public Hearing. She said the Delegation Request on the plat came before the Broward County Commission and not the Planning Commission. VOTE: ALL VOTED AYE 1.1 City Council Regular Meeting 2/10/93/PP Page 9 10. concerning a delegation request by Pulte Home Corporation to change the note on the face of a plat for LAND SECTION 6 NORTH PLAT (unrecorded); the note currently restricts the plat to 237 townhouses and the applicant is requesting the note to read that the plat is restricted to 351 townhouses. Case #3-P-93 4 %C• 3��-3• ri:�•�i i� �•i City Attorney Kraft read Temp. Reso. #6430 by Title. Ms. Carpenter read the Findings of Fact and said the applicant requested a change in the density and also to rezone from R--3U to R-la. She said Council had to approve the rezoning first and although Staff did not object to the up zoning, they did not want to do it before the property was rezoned. C/M Abramowitz said he was delighted the property was being developed and there was discussion pertaining to the amount of townhouses being constructed and correcting the address from 110th Terrace to 108th Terrace. C/M Abramowitz asked if the Delegation Request could be revisited after it went' to Planning and Zoning. Ms. Carpenter answered, yes, but the agenda could also be moved and the zoning would be pending. C/M Abramowitz MOVED to TAKE NO ACTION, SECONDED by C/M Katz. VOTE: ALL VOTED AYE 11, concerning a delegation request by Pulte Home Corporation to change the note on the face of a plat for LAND 'SECTION _6 'VOUTH PLAT (the note currently restricts the plat to 124 townhouses and 65,000 square feet of commercial and the applicant is requesting the note to read that the plat is restricted to 163 townhouses) and the elimination of a 47-foot right-of-way easement along the south property line (McNab Road). Case #4-P-93 tk •' •' •, FAWA101W4 RESOLUTION R-93-13-PASSED City Attorney Kraft read Temp. Reso. #6431 by Title. Ms. Carpenter read the Findings of Fact and said the applicant requested a minor Delegation Request for McNab Road; the plat included seven acres previously zoned Commercial; and Staff initiated a Land Use Plan Amendment which reverted the land back to residential. She said the Delegation Request included the removal of 65,000 square feet of commercial use and 47 feet of right-of-way easement for future use on the south -end of the parcel. She said Staff recommended removing the 47 feet of right- of-way easement and changing the note on the face of the plat. V/M Schumann MOVED to APPROVE Tamp. Reso. #6431, SECONDED.by C/M Katz. VOTE: ALL VOTED AYE 19. MQTION TO APPROVE establishing a new Account #144-872- 588-6HR entitled "Hiatus Road Extension and Access Road" with the funds available in the Trafficway Improvement Fund in the amount of $904,641. FINAL ZION: APPROVED AGENDIZED by Consent on Page 1 City Council Regular Meeting 2/10/93/PP Page 10 C/M Abramowitz MOVED to APPROVE the ENCUMBRANCE of $904,641 in a new Account #144-872-588-6HR entitled "Hiatus Road Extension and the Access Road", SECONDED by C/M Katz. C/M Katz said the City was committed to use the money for a particular project before April, 1993, or the money would have to be returned. There was discussion about past Workshops and Hiatus Road. Mr. Kelly said less than $100,000 had to be spent by April and he recommended the entire amount be used for new construction in Land Section 7 for the Hiatus Road extension and the access road off Nob Hill Road. There was further discussion about widening certain roadways from two -lanes to four -lands and construction costs. Mr. Kelly said there was $904,641 in the Account and reiterated that funds not encumbered in a timely manner could result in negative implications. He said Council could encumber the funds by establishing a special Project Account inside the Trafficways Improvement Fund. VOTE: ALL VOTED AYE REPORTS 16. Citv__CounciI V/M Schumann said the handball court at Tamarac Park was refurbished, two gates and a berm were installed at Tract 27, trees were planted and benches were installed at Veterans Park and the Tamarac Memorial Wall Fund at Veterans Park was opened for donations. C/M Katz advised the -Board of Education, although they'did not pay taxes and did not need permits, wanted to expand the facilities at Tamarac Elementary School. He objected to the Board refusing to have City Inspectors evaluate contractors used by the Board and Council should do something about that. He said additionally that Mike Couzzo, Assistant City Manager/Director of Public Services, was the Chairman for the March of Dimes walk-A-Thon scheduled for Saturday, April 3, and every City employee should participate. C/M Schreiber - No Report C/M Abramowitz said Cancer Care was recruiting baggers from 6:00 P.M. to 8:00 P.M. at the Winn Dixie Supermarket on Northwest 81st Avenue for which Winn Dixie would make a contribution to Cancer Care. He said the Tamarac Elementary School Board recently held a meeting and discussed expanding their overcrowded facilities and he suggested their School Advisory Board and P.T.A. come before Council to present their request. Mayor Bender said there was a Supreme Court Ruling indicating elected officials had no right to waive payment of taxes of any profit -making corporation. He added FP&L was paying taxes to Broward County but they took the money back via a franchise fee. He said on February 8, a firm began auditing FP&L's records. 17. City AttQrnpy City Attorney Kraft - No Report 18. Mr. Kelly said budget preparations for Fiscal Year 1993/1994 were commencing and residents would be asked for their input via a r7 City Council Regular Meeting 2/10/93/PP Page 11 survey in the Tam -A -Gram. He scheduled for Thursday, March March 31 at 7:00 P.M. said Town Hall Meetings were 11 at 11:00 a.m. and Wednesday, He advised City Hall would be closed on Monday, February 15, for President's Day and on February 17, representatives of Cleveland Clinic would present a health program for employees. He stated he was President of the local chapter of American Society of Public Administrators and Jack Osterholt and Ron Cochran would speak at the February and March meetings, respectively. He said he was trying to get Kate Hale from Dade County to speak at the April meeting. He asked if anyone had suggestions for celebrating the City's 30th Anniversary in July, 1993. Hearing no further discussion, Mayor Bender ADJOURNED the Meeting at 9:35 P.M. CAROL A. EVANS City Clerk APOROVED AT MERING OF y iu- WAR ATrACHMENT #i.- ITEM 6, 2/10/92 CITY COUNCIL RDGULAR MEETING } CITY MANAGER'S REPORT COUNCIL MEETING - FEBRUARY 10, 1993 7:30 P.M. Gentlemen: The content of this report is a summary of the information I have personally discussed with each of you in private reviews. After -extensive negotiating efforts between the principals of the Sea- Coast_ Sanitation Company and the City of Tamarac (represented ..by Assist 'an� City Manager Dina McDermott and Finance Director Mary Blame) it i�t rt opinion that we are too far apart on two points to come to mutually satisfactory and acceptable resolution. The real stumbling bfbck is the conversion factor or formula by which the cost of tfie`bags will increase. We are a nickel apart. It doesn't sound like much but it adds up to big dollars. Their last offer was, and is, 7t as the amount by which -each ,bag -cost will increase -in -accordance -with-,every one -,dollar increase in the tipping fee. Our last offer was 2t. Our respective positions basically are that they can't do it for less than a 7d conversion and = can't accept more thaw the 24 conversion factor. Another sticking point was their position that tree limbs/branches had to be tied with a bag in order to be picked up. A third (3rd) point - regarding the CPI has been resolved in our favor. The bottom line, however, is that the terms on the table cannot be resolved. I am recommending therefore that the Council authorize me to terminate further negotiations with Sea Coast. Secondly, the City Council, in its initial authorization, directed that I negotiate with the two lowest bidders on the bag system. That directive assumed that if we were unable to come to terms with the low bidder (Sea Coast) that we would then proceed to negotiate with the next lower bidder (All Service). In that regard, it was, and is my recommendation that the bid by All Service was too high to provide our residents with a cost savings. If a resident uses the projected average of nine (9) bags per month, it would cost $15.12. By comparison the County Waste proposal would have provided two (2) 0 cans two (2) times per week or 17.2 cans per month for $11.15 and Southern Sanitation proposed unlimited bags or cans for $13.30. Additionally, the All Service bid locked them in to fixed prices for each of the five (5) years of the contract. It is my opinion that the bid prices submitted to us cannot be negotiated downward without violating the intent of the competitive bidding process. To negotiate with any one of the haulers on that basis would obligate us to negotiate with each and every one of the haulers. The prices are part of the bid. They are not negotiable. Terms such as the conversion factor, consumer price index, vacation days, and tree branches are negotiable. My second recommendation therefore is to reject all the bids.. If you approve that recommendation you will have two (2) options:. 1. We can begin another bid process and readvertise the project with a very specific goal in mind (i.e. bags only or unlimited pick-ups for a fixed price). The biggest problem with this is the time factor. It would probably take three (3) to four (4) months to get the project on-line and the City simply cannot afford such a delay. 2. We can negotiate with our present hauler, Southern Sanitation. This is separate and apart from the bid process. Page 4 Section 2 of the contract states that: Term: This initial contract shall commence and shall be and remain in full force and effect for a period of five (5) years beginning at 7:30 a.m. on the first day of October, 1987; provided furthermore, this contract shall thereafter be automatically renewed for a five (5) consecutive year period under the same terms, conditions and limitations imposed hereby unless the Contractor or the City shall give notice to the other of an intent to terminate this contract or to renegotiate same at the end of its original term which said notice shall be delivered by Certified Mail, Return Receipt Requested, not later than 120 days prior to the end of the original five (5) year term. We complied with the contract by giving proper notice to Southern Sanitation of our intent to bid the project out. If we reject all bids, that process is completed. As you know, by mutual agreement, the City Council and Southern Sanitation have agreed to continue the original contract on a month to month basis until the City makes its decision. With that in mind, I feel comfortable that we have the protection of the contract to renegotiate any and all terms of service with Southern Sanitation. My third recommendation, therefore, is that the City Council authorize me to negotiate with Southern Sanitation for the single- family garbage contract and to provide a written progress report of the status of those negotiations by next Friday. I feel very strongly that this course of action is in the City's best interest. For your added information, I personally called all of the qualified bidders and advised them that it was my intention to make these recommendations tonight. Proposed Action Agenda 1. ""Motion to terminate negotiations with Sea Coast 2. Motion to reject all bids for single family garbage service 3. Motion to authorize City Manager to negotiate a single family garbage service contract with Southern Sanitation. 1