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HomeMy WebLinkAbout1992-12-09 - City Commission Regular Meeting MinutesLl City Council Regular Meeting 12/9/92/ew Page 1 CITY OF TAMARAC CITY COUNCIL REGULAR MEETING WEDNESDAY, DECEMBER 9, 1992 CALL TO ORDER Mayor Bender called the City Council Regular Meeting to oider at 9:00 a.m. in Council Chambers, City Hall. PRESENT : �Mayor H. L. Bender Vice Mayor Henry Schumann Councilman Norman Abramowitz Councilman Irving Katz Councilman Joseph Schreiber ALSO PRESENT : John P. Kelly, City Manager Dina McDermott, Assistant City Manager Mitchell S. Kraft, City Attorney Phyllis Polikoff, Secretary PLEDGE OF ALLEGIANCE: Mayor Bender called for the Pledge of Allegiance. 10. a. MOTION TO ADOPT Tempp. Reso. #6399 approving a special exception requested'by Park -- Place Therapeutic Center, Ltd., for a proposed medical office building on the southwest corner of University Drive and NW 71 Court to allow parking within the required street yard setback and to allow a building 42.8 feet in height wher 40 feet is permitted. Petition #37 Z 92 (Tabled on 11/25/92) b. MOTION TO ADOPT Termp. Reso. #6401 approving a site plan for PARK PLACE 'THERAPEUTIC CENTER, a medical office building located on the southwest corner of University Drive and NW 71 Court. Case #1-SP-92 SYNOPSIS OF ACTION : TABLED at requ4iR­ 'of applicant - 10.a. and 10.b. Mr. Kelly said Item 10.a. and 10.b. should be TABLED at the request of the applicant and will be on the next agenda. * C/M Abramowitz MOVED to TABLE Items 10.a. and 10.b., SECONDED by C/M Schreiber. VOTE: C/M Katz asked when an item is removed from the agenda at the request of the petitioner does the City recover expenses and re advertising fees. Mr. Kelly said when the item is TABLED to a time certain the City is protected and no recovery is needed. C/M Abramowitz proposed to agendize an item discussed at the.Special Meeting on December 8, 1992, an appointment of an alternate member to the Public Information Committee. M City Council Regular Meeting 12/9/92/ew Page 2 17. MOTION TO ADOPT Temp. Reso. #6410 appointing Gladys Kupfer to tie Public Information Committee with term to expire 6/20,(93. SYNOPSIS OF ACTION : AGENDIZED by Consent Discussion and action on Page 18 C/M Katz MOVED to agendize the appointment of an alternate member to the Public Information Committee, SECONDED by C/M Abramowitz. VOTE: ALL VOTED AYE 1. PUBLIC PARTICIPATION -Any member of the public may speak to any issue which is not agendized for public hearing at this meeting. Speakers will be limited to three minutes during this item and at public hearings. There will be a thirty (30) minute aggregate time limit for this item, and spea;(ers are encouraged to sign up in advance with the City Clerk prior to their participation. Nathan Peretzman, resident, expressed his concerns regarding the Medics Ambulance Audit. He asked for a breakdown of each transport rejected by the Insurance companies and a reason for the rejects. Mr. Peretzman said Mayor Bender does not want the public and Council to get into a debate during Public Participation. He said a Councilman should not be allowed to address the speaker uniess he wishes to answer a question that is directed to him. Melanie Reynolds, resident, expressed concerns that the City Manager is not working to benefit the citizens. Bernie Hart, resident, expressed concerns as to whether the garbage trucks would pick up garden and tree rubbish as long as it is'in the required bags or tied in a certain size bundle. He asked that these questions be considered under Item 3. Sharon Machek, representing Tamarac Elementary Advisory, expressed appreciation and thanks to C/M Abramowitz, V/M Schumann and Mr. Couzzo for their attendance at the Advisory meetings. She said Tamarac is the only City that has City representatives on the School Advisory Board. Ms. Machek said the Tamarac Elementary School appreciated the beeore and after school care at the Park and Recreation Department. She said the program has improved. She also thanked Council for the r cent light at 82nd Street because it assists the crossing guard on a four lane highway. She said the elementary school needs the City's continuing support. Howard Kusnick, resident and representing All Service, askei if his presentation could be deferred until Item 3 so that it would be more appropriate. C/M Abramowitz said this is a deviation and if it is done for one it must be done for all. He said Item 3 is an important item and Council should exhaust every possibility to hear all the facts. Mayor Bender agreed to allow Mr. Kusnick to speak during Item 3. Mr. Kusnick said the following speaker is with another hailer and asked if it would go with that hauler as well. Mayor Bender said, yes. Richard Marant, representative from Seacoast, said he would like to defer to Item 3, also. City Council Regular Meeting 12/9/92/ew Page 3 Jo Wright, resident and representative for the Tamarac President's Council, said she is the Pr sident of the Special Task Force regarding the garbage issue. She asked if it would be possible to be informed of workshop meetings and public hearings. She said they recognize that change is important and they want to be involved in the solution. Mayor Bender directed Mr. Kelly to make sure that Ms. Wright received the information. C/M Abramowitz said there have been many workshops, meetings and discussions on the subject of garbage. He said this issue has been going on about four months. He said the attorneys for the vendors have been present at the meetings and he is offended that people feel that Council is hiding something. He said this is a terribly important subject and it is possible that the Presidents Council was not notified but members of the Presidents Council have been present at every meeting. CONSENT AGENDA 2. Items listed under Consent Agenda, Item 2, 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. City Clerk a. MOTION TO APPROVE the minutes of the following City Couinc�meetings 1. 10/20/92 - Special Meeting 2. 11/05/92 - Special Meeting 3. 11/16/92 - Special Meeting SYNOPSIS OF ACTION :. APPROVED 2.a.1, 2.a.2. and 2.a.3. b. MOTION TO APPROVE renewal of a model sales and al6instrative facility permit for BOARDWALK APARTMENTS (CONCORD VILLAGE II) in Building 10, Unit 850, for a six-month period from 12/25/92 to 6/25/93. SYNOPSIS OF ACTION APPROVED City Council c. MOTION TO ADOPT Temp_ �# Reso. 6397 appointing Elizabeth Aguado E-Ve Social Services Boa-rT for a term to expire 6/20/93. SYNOPSIS OF ACTION APPROVED RESOLUTION R-92-189-PASSED Community Development d. MOTION TO ADOPT Temp. Reso. 4#6404 transferring a special use exception for the on premises consumption of beer and wine from Chuen Kee, Inc., d/b/a China Crown Chinese Restaurant to Hong Fa -Chinese Restaurant, Inc., d/b/a China Crown Restaurant. Petition 40-Z 92 SYNOPSIS OF ACTION : RESOLUTION-92-190-PASSED APPROVED * C/M Abramowitz MOVED to APPROVE the Consent Agenda, SECONDED by C/M City Council 12/9/92/ew Page 4 Katz. VOTE: Regular Meeting ALL VOTED AYE CONSIDERATIONS Administrative 3. DISCUSSION AND POSSIBLE ACTION an single-family garbage proposals. SYNOPSIS OF ACTION Discussion was held. S e Page 10 for further discussion and action. Mr. Kelly said many residents have complained about the lack of information they have received on this issue. He said this has been one of the most competitive bidding projects that the City has ever had. He said it has been very detailed with a thorough bid packet for the RFP. Mr. Kelly said there were eight qualified vendors. He said th prices, if accepted, will put this City as the lowest paying garbage service of any community in Broward County. He said the preparation of the bid packet goes to Assistant City Manager, Dina McDermott. He said the vendors had to do a lot of work to comply and Council has to interpret and analyze some of it. He said the monies that the City is getting and the cost coming out of this is going to benefit the City of Tamarac tremendously. Mr. Kelly said in October a memo was sent to Council identifying his recommendations and indicating that County Waste was the company being recommended which would have continued the traditional garbage service in the City. He said in reviewing it with follow-up information regarding the census information, the Council realized that the benefit to the greatest majority of the City would be through the bag program. Mr. Kelly said Council authorized him to follow-up on the'bag proposal for the City. He said there were two vendors in the running for that service, Seacoast and All Service. He read the costs to the residents of the City if they took one bag per week with Seacoast would be $4.77 per month and with All Service would be $7.24 per month. Mr. Kelly said Seacoast's proposal is $1.10 per bag. He said the calculation comes to $4.77 because there are more than four weeks in some months. He said two bags per week is $9.54 for Seacoast and $14.47 for All Service. He said 3 bags per week is $14.30 for Seacoast and $21.71 for All Service. He said four bags per week would be $19.06 for Seacoast and $28.94 for All Service. Mr. Kelly said Council directed him to check on the two companies and he met with the companies. Mr. Kelly said on November 20, 1992 at 3:00 p.m. he met with Dick Marant from Seacoast, who will speak this morning and the President of Seacoast, Lou Manzella. He said he was advised that they could and would do the work. He said he advised them that he would be doing background checks and reporting to Council. He said Seacoast volunteered that they are involved in a lawsuit with the City of Dania and it is a reformation of contract. He said it is not anything regarding performance standards. Mr. Kelly said on November 30, 1992, he called the Dania City Manager regarding Seacoast and Dania was not happy to be in litigation. He said Seacoast has provided excellent service for 12 years and there has never been any problem with their service. Mr. Kelly said on December 1, 1992, he call d Dania again and asked to speak to the City Attorney, Frank Adler. He said he requested to City Council Regular Meeting 12/9/92/ew Page 5 be provided with a copy of the lawsuit by Seacoast and Mr. Adler said he would fax it as soon as possible. Mr. Kelly said on December 2, 1992, he called Laudedale-by-the-Sea, which is the other City that Seacoast serves. He said Mr. Green, Public Works Director, indicated that he was completely satisfied with the service provided by Seacoast. . Mr. Kelly said on December 2, 1992, he again called the Dania City Manager for a meeting with a more indepth review. He said they met on December 3, 1992 and the position was confirmed that Seacoast wasa good vendor that had provided his City with very good service for ten to twelve years. He said he was provided with copies of the lawsuit between the hauler and the City which was provided to the City Attorney. He said the lawsuit is not a performance issue and does not reflect on the quality or level of service. Mr. Kelly said he met with Mr. Kotter from All Service, who expressed his concerns. He said Mr. Kotter felt All Service was the b tter of the two companies and that the City should consider his as being the most responsive bid. He advised that Seacoast was in litigation. He said All Service has a representative to speak this morning. Mr. Kelly said the conclusion he reached in the initial analysis of the memo of October 21, 1992 was that of the vendors bidding, only one vendor has offered the bag program that has the potential to be less expensive then the lowest cost proposal for traditional service. He said that vendor is Seacoast. He said Seacoast is a small company that has been doing business in Broward County for about twenty years. He said it presently serves Dania and Lauderdale by -the Sea. He said Seacoast is no longer doing work in the unincorporated areas of Broward County. Mr. Kelly said at the meeting on December 7, 1992 with Seacoast, they said that Seacoast has not tried to actively sell the company in the last twelve months. He said Mr. Marant volunteered that he has been with the company for eighteen months and there have been efforts during that time to sell Seacoast. Mr. Kelly said Seacoast is not trying to sell out now and if anything Seacoast is trying to expand. Mr. Kelly asked how long it will take to be ready to provide service to this City and the response was that the trucks will be no problem. They said the timeframe for the bags might be more difficult because of the holiday season. He said they have 1.5 million bags ordered and it might take four weeks for delivery of the bags with the appropriate logo and Tamarac designation on it. Mr. Kelly said Seacoast would provide three routes to the City and hav four vehicles, one for a back-up. Mr. Kelly asked if there were any problems with a non transferability service clause. The answer was no, it is in the contract. Mr. Kelly asked if there would be a problem with a no sale without City Council approval and the response was that there would not be a problem. Mr. Kelly said his recommendation is that Seacoast is the apparent low and responsible bidder. He asked that Staff be directed to enter into negotiations with Seacoast to bring back a contract for Council to review and approve. C/M Abramowitz said he was concerned with the ability of Seacoast not to sell the contract and not selling the company without the permission of the City Council. He asked contractually if this would be in the contract. City Council Regular Meeting 12/9/92/ew Page 6 Mr. K lly said, y s. C/M Abramowitz said at a workshop meeting, Council expressed reservations in certain areas. He asked if the contract would be complete without City Council approval. Mr. Kelly said Council would have to approve the contract. C/M Abramowitz suggested to Council that if there are any other questions after hearing the speakers that are present, now is the time for them to be addressed. Mr. Kelly asked to respond to the questions that Mr. Hart rased. He said tree trimmings and clippings are also in the contract. He said they may be tied in bundles separately or put in a bag. C/M Katz said at a previous meeting, he questioned Ms. Blasi regarding being able to perform at $1.10 per bag. He said the 30 gallon bag, according to the vendor, weighs approximately 40-pounds and Ms. Blasi said based on $62.50, which is the tipping fee cost,, a 40 pound bag would cost the vendor $.95 for disposal. He asked Ms. Blasi if this was correct. C/M Katz said the other costs would be a 15% franchise fee which would be in the neighborhood of $ .17. He said $ .17 and $ .95 totals $1.12. He said between mark up and overhead, he could not work for less than 10%. He said replacement and maintenance would have to be an additional 10%. He said his concerns are based on cost given to him by Staff, the actual cost to the vendor is going to' be in the neighborhood of $1.35. He questioned how the vendor can perform for $1.10. Mr. Kelly said he raised that question to Mr. Marant and Mr. Manzella and the response was that this is a Seacoast problem. Seacoast is putting up a $250,000.00 perfomance bond and thinks they can do the work. C/M Katz said that is not an answer and he would like it expla_ned how a business can survive losing $ .25 on every bag that _s being disposed. He asked that Ms. Blasi substantiate his numbers and then he will pose the question to the vendor when he comes up to speak. Mayor Bender said the point has been made and the representative for Seacoast should address the issue. C/M Schreiber said he would have liked a copy of everyth_ng Mr. Kelly found out so that Council could digest it and be well _nformed to make a proper decision. He asked Mr. Kelly if he was wiling to state his position and reputation on the recommendation of Seacoast. He said his concern is whether Seacoast is the most responsive bidder. He said the low cost for the bag does not outweigh the company being able to perform. C/M Schreiber said County Waste was excluded because they did not complete the bid in many areas. He asked if that should also exclude Seacoast from being the most responsive and lowest bidder. Mr. Kelly said Seacoast bid totally on the bag system and it is complete. C/M Schreiber said Mr. Kelly indicated that if the bid is not completed then the vendor is excluded. He said he is concerned about a lawsuit. Tape 2 Mr. Kelly said this company is willing to put its name on the line that they can do the work. He said it is a business decision that Seacoast is making. He said it is also a business decision that this City will have to make. City Council Regular Meeting 12/9/92/ew Page 7 Mr. Kelly said many vendors feel that the City can not lose by going with Seacoast because if they fail the City has a performance bond and oth r vendors are willing to jump in and pick up where this hauler may fall flat. He said the City has a tremendous back-up available. C/M Abramowitz said if anyone has factual information that will allow him to make a better informed decision, he wants to hear it. V/M Schumann said he recalls that Council instructed the City Manager to conduct a background investigation on the lowest and next lowest vendor. He said there seems to be an exhaustive research on one vendor and not the other. He asked if the same degree of investigative background check was done on All Service. Mr. Kelly said he met with All Service and he talked to Broward County. He said this City deals with All Service with the recycling program and it is a good, strong firm. Mr. Kelly said both of the firms are qualified. He said his biggest concern was with Seacoast because the City had no prior knowledge of them. Mr. Kusnick, representing All Service, said All Service is a locally owned company and has been in business in Broward County for more than twenty years. He said All Service is currently doing business in Sunrise, Fort Lauderdale, Broward County and the five cities recycling contract to which the City of Tamarac is a signatory. He said All Service has not only been responsible but responsive to all of the cities and counties that they have had a contract with. Mr. Kusnick said the City Manager's office was given names to verify independently and All Service has not lobbied or contacted any of the names given. Mr. Kusnick said Kathy Kelly was with Broward County during the tenure while Seacoast had a contract with the County before they sold it. He said she is now at the Solid Waste Authority of Palm Beach County and certainly has no interest in this contract or in All Service. He said he has not heard a response that indicated that she has been contacted. Mr. Kusnick said Lorraine Verano at the office of Integrated Waste Management of Broward County is familiar with All Services operation and was given as a reference. Mr. Kusnick said the City knows that All Service is responsive and responsible. He said there are certain points of .information that need to be made apparent to the City Council before an informed decision can be made. He said in the recommendations and requirements in the bid, each hauler was supposed to provide a list with at least three municipal references identifying all other municipal agencies that the collector presently provides service to quivalent to the levels of service to the City of Tamarac and list the type of service provided. Mr. Kusnick said Seacoast has provided two cities, Lauderdale -by the -Sea of several hundred units and the City of Dania with approximately 4,000 to 5,000 units. He said they are not near the population size of the City of Tamarac or the number of units. He said the comparison to the references given is not valid. He said th y do not have the current current capability of doing the'job. Mitchell Ceasar, representing All Service, said he wants to make it very clear that there is some sort of problem. He read Section 2.2, Technical and Financial Requirements, from the bid. It reads that "All collectors must provide a list of at least three municipal r ferences including all municipal agencies that the collector presently provides services to or provides service to equal to the level of service of the City of Tamarac and list the typ of service provided." City Council Regular Meeting 12/9/92/ew Page 8 Mr. Ceasar asked if the applicant provided three municipalilties as call d for under Section 2.2 and Mr. Kelly replied, two. Mr. Ceasar said the first part of Section 2.2 said three must be provided, therefore, Seacoast is not responsive to the RFP. He said from their perspective there is possibly a question about responsiveness in a broad sense. Mr. Ceasar said the second part says if three are listed, they have to be what the vendor presently represents or provide service to. He said this has not been met by Seacoast. He said most significantly to the residents of Tamarac, Council needs to provide the best and most appropriate service to the City. He said after the three names are provided, which has not been done, they have to have an equal level of service to the City of Tamarac. He said this has not been complied with. Mr. Ceasar said the City was asking for three different cities that w re in the same size or greater than Tamarac and this has rrot been provided singly or collectively. Mr. Kusnick said regardless of the service of Seacoast in Dania and the statements by Mr. Kelly, the Council has to keep in mind that regardless of how the lawsuit is entitled or perceived, it is a lawsuit and any defendant in a lawsuit in a public forum would certainly be ill-advised to say anything negative about a litigant. Mr. Kusnick read into the record from Case #92-22567(24) Seacoast Sanitation versus City of Dania. A counter claim filed by the City of Dania, paragraph 12, prior to the present contract between plaintiff, counter defendant (Seacoast) and Dania, Seacoast reported the disposal of approximately 500 tons of solid waste per month in Seacoasts' various requests for increases in unit charges. In recent months, Seacoast's reports to Dania show less than 100 tans per month is now being delivered to Royters. From the foregoing it appears that Seacoast is violating Section 9 of the contract. In paragraph 13, City of Dania, Hallendale, Pembroke Pines have contracted to deliver all their solid waste to Reuter Recycling facility, with each said City guaranteeing to deliver a certain tonage. Mr. Kusnick said if Seacoast continues to deliver the solid waste collected in the City of Dania to a disposal facility other than Reuters the result could be a shortage in Dania's guarantee, which could result in a penalty charge against Dania in the amount of approximately $200,000.00. Mr. Kusnick said the information provided about being a contract reformation is not accurate. He said Seacoast wants to reform the contract because they low balled the contract and then come back and asked the City to absorb the costs. He said if the City does not do it, they sue the City. He asked the City Manager, Council or the City Attorney to tell how quickly money is received from' a performance bond. He said the City is going to be at risk and if that is the basis of this contract the City is buying another lawsuit. Mr. Kusnick said the price of the bags is another loss. He said Bob Hely with BFI stated at one meeting that the total true cost of the bag is $1.39. He said the City is looking for trouble if they go with Seacoast. He said they have a history in Dania, they sold their contract in Broward County and if the people on their list had been called, the City would have found that the County was pleas-ed when the contract was sold. Mr. Kusnick said a responsive bidder needs to be picked. He said All Service takes care of their customers. H said they provide the best for the County. He said cheapest is not always best. Mr. Ceasar asked Mr. Kelly to state for the record the other names �J City Council Regular Meeting 12/9/92/ew Page 9 of people talked to in checking out Seacoast. Mr. Kelly replied that he did. Dudley Green, Public Works Director from the City of Lauderdale -by -the -Sea, Ms. McDermott called Lorraine Verano and Ms. Verano is on leave until December 20, 1992 so other people were spoken to on staff, Kathy Kelly has not been r ached. Mayor Bender said it is 10:00 a.m. and he has to go to the public hearing. He asked if this could be concluded in a few minutes. He said they could speak to the City Attorney for information. PUBLIC HEARING - 10:00 A.M. CommunitX Development 11. PUBLIC HEARING - MOTION TO ADOPT Temp. Reso. #6400 approving a parking iWaiver­requested by Park Place Therapeutic Center, Ltd., for a proposed office building located on the southwest corn r of University Drive and NW 71 Court to reduce the stall width from 10-feet to 9-feet 6 inches and to allow the use of the net square footage to calculate parking where gross square footage is required. Petition #36-Z-92 (Tabled on 11/25/92) SYNOPSIS OF ACTION : TABLED at request of applicant to Wednesday, December 23, 1992 at 10:00 a.m. Mr. Kelly said the applicant has requested that this item be Tabled until the next meeting on December 23, 1992, 10:00 A.M. * V/M Schumann MOVED to TABLE Item 11 until the December 23, 1992 meeting, 10:00 A.M., SECONDED by C/M Abramowitz. VOTE: ALL VOTED AYE 12. PUBLIC HEARING - MOTION TO ADOPT Temp. Reso. #6403 approving a parking waiver requesteW by MIDWAY PLAZA79]raay & Coker, Agent, to waive the requirement for continuous concrete curbing or wheelstops within the shopping plaza. Petition #39-Z-92 SYNOPSIS OF ACTION : TABLED at request of applicant to Wednesday, December 23, 1992 at 10:00 a.m. * C/M Abramowitz MOVED to TABLE Item 12 until the December 23, 1992 meeting, 10:00 A.M., SECONDED by C/M Schreiber. VOTE: ALL VOTED AYE Finance Department 13. PUBLIC HEARING - MOTION TO ADOPT Tem Ord. *1629 on second reading to amend Section 6-26 of tE4�'My Code and modify allowable City investments to allow City investments to be consistent with Florida Statutes 166.261(1) (a) through (e). SYNOPSIS OF ACTION : APPROVED on_Second Reading ORDINANCE 0-92-51-PASSED * C/M Katz MOVED to approve Item 13, SECONDED by V/M Schumann. Ms. Blasi said Staff and the Investment Advisory Board recommend this change to the current investment ordinance to allow investments consistent with Florida Statute 166.261(1) (a) through (e). City Council Regular Meeting 12/9/92/ew Page 10 Ms. Blasi said this broadens the City's scope of investment and inter st capabilities to include federal agency securitiee. She read th change in the Ordinance. Ms. Blasi said the City currently has a $5 million two-year certificate of deposit maturing next Monday in which the City was receiving 8.25% interest earnings. She said the Investment Advisory Board, Finance Department and Staff are recommending to broaden investment capabilities to increase earnings on these investments. C/M Katz asked if the principal is returned with the interest each time there is a payment. He asked if Staff knows what they are going to do with the principal as it comes in. Ms. Blasi said it depends on what type of agency. She said some are a balloon for 5 to 6 years. She said there are different types of terms to be looked into with different provisions. She said if the Cit goes into one that has principal paid with the interest, the City wi3T take that principal and invest accordingly or use it for cash flow depending on when it becomes due. } C/M Abramowitz said Fannie Mae and Ginny Mae are based on the twelve year term. He said statistically interest return is based onl that particular mortgage being held to full term. He said many times they get called previously and as a result take caution with thecae two instruments. He said this is not an instrument to be traded. Ms. Blasi agreed. Mayor Bender opened the public hearing. Melanie Reynolds, resident, said she sent a memo asking why' this Ordinance was necessary and she would like an answer. Ms. Blasi said the Charter provides that the City may invest in anything allowed under Florida Statute. She said the investment Ordinance takes the allowed investments and restricts it more. She said under that Statute, a City Ordinance may restrict Florida Statute allowances for investments. She said the Charter is a more abroad allowance. She said the City is allowed to do this under the Charter. VOTE: ALL VOTED AYE Mayor Bender said this ends the Public Hearing and Council will go back to Item 3. Administrative 3. DISCUSSION AND POSSIBLE ACTION on single-family garbage SYNOPSIS OF ACTION : (See previous discussion on Page 4) TABLED for further information. At the request of C/M Katz, Seacoast Sanitation is to provide a breakdown of how their cost of $1.10 was calculated. City Attorney Kraft and/or Finance Director Blasi is to determine if Performance Bond or Letter of Credit is preferred and City Attorney Kraft is to clarify Section 2.2 of the RFP. Mr. Ceasar asked the City Attorney, based on what was read into the record on the RFP Section 2.2, if the questions raised on the RFP and the answers of the Manager on behalf of the City meet the requirements of the RFP. Mr. Kraft responded by reading Section 1.3 of the RFP, "The l City City Council Regular Meeting 12/9/92/ew Page 11 all proposals ht to reject any or and to reserves the rig irregularil or ties, variance or informalities of a technHQasaid nature keeping with the best interestadinheSection 2.2. C•t is capable of doing regarding waive any substantial this states what the L Y Mr. Ceasar said, therefore, previous to the City being able to select the contractor recommended, Council must vote to waive the requirements of their own RFP in that subsection. Kraft told Mayor Bender that he wasntwhatnittsays sand difofurther Mr- says He said the language of the proposal a discussion needs to be held he will meet separate from this meeting have further discussion. Mr. Ceasar asked if Council would have to vote on that. is a matter of Mr. Kraft said that is not what he is saying- He said it interpretation. ILLP inconsistencies► Mr, Ceasar said he and Mr. Kusnickricing.bHeusaid C/M Katz brought up legal questions, and questions on p g checking out costs and profit margins* He said V u Schumann brought up references. He said they have discussed lawsuits, records perhaps, is being provided for references. He said all e time element, etcthe - not before Council because not Richard Marant, Vice -President of Seacoanazetlwellsalocatedid he s and an attorney. He said most of the competitors rovide and oriented in Broward very reputable. in terms °Hetsaid he erthe esvendorspattended a the companies are Very P uestions. He said the process meeting with the City Manager asking q took a long time and Mr. Kelly did the job he was salted to do in terms of looking at each and every one of the bidders. Mr. Marant said he would be happy to respond to any of the questions der and asked today. He said Seacoast feels thadtth�eYcouldare tprovhe idestthe dservice they feel they are responsive. He say Y far Tamarac. He said they only had two cities and, therefore, could not respond with three. ears, Mr. Marant said Seacoast twelve earsBand in Lauderhill forfor ntthirteen in the City of Dania for tw Y an exclusive franchise in Lauderdale -by -the years. He said they have Sea so they do residential, hotel, adslby the Carter dufamily fog many He said All Service, which was own Y owned by a years, and has done a fine job. He this All eSby Service Vice-President major conglomerate and managed at of Waste Management, Wit Hudson, the owner of Hudson Management. stock Mr. Marant said Seacoast has C/MnKatzehasyone legiti ateiquestionseand he holder, Mr. Manzella. He said said a would like to respond to them from have thelnoverheadcstandpoint. e ostsofa larger small company does not necessarily ha secure with minimal mortgage company. He said Seacoast is financially payments. He said they only owe money on one 1990 truck. in Mr. Marant said the bid response wasdbashthisbag serve numbers ice• He terms of what they have done in already providing a formula that made it successful and they said they are able to use are using that formula today. it g P is projected, Mr. Marant suggested that when the weight per bag o ulation should not be assumed thateiitwill weigh idhb40 poondthe wcensuseinformation of Tamarac does not dic Seacoast received, they deliberated the bid and are comfortable that they can perform at the prices given to the City. Tape 3 tial, single-family pickup and Mr. Marant said this is strictly residen if All Service was asked how many cities they provide just residential City Council Regular Meeting 12/9/92/ew Page 12 pickups, it might not be more than two or three. He said this RFP is not talking about recycling or condominiums. Mr. Marant said the City was fortunate in receiving bids from so many responsive bidders. He said after going through the process, the City could not have done better than they did. He said the City can feel secure that Seacoast can provide the best level of service. Be said they have put their reputation on the line and they have put a performance bond behind it. He said they signed a contract knowing they can perform. C/M Katz said allowing the statement that 40 pounds does not hold true, there has to be a break down. He said his concern is for the residents and he does not want to get stuck in something that can be addressed now. Mr. Marant said with a five year contract with an option of five more, the vendor and the City need to know about one another. He said the character and the trustworthiness of the people being dealt with. C/M Katz said he would like to see the backup that allowed Seacoast to come up with $1.10. He said his concern is that if the contract is awarded on the basis of $1.10 that the company can perform and make a profit and complete the five years. He said seeing the backup might change his opinion. Mr. Marant said Seacoast would provide the information to him through the City Manager. Mr. Marant said the lawsuit with the City of Dania is for reformation of contract. He said basically Royters is a facility that the City is not dealing with, it is a facility that contracts Hallandale, Pembroke Pines, Dania and Pompano Beach. He said Royters was contemplating opening sometime in 1988 and they did not open until 19S-1. Ee said during that time the City of Dania, prior to the plant opening, decided to go out to bid. He said Mr. Manzella's contract was coning up for renewal and the City Manager of Dania said the anticipated tipping fee was $57.00 a ton. He said the plant was not open yet so there was no history in terms of what the tip fee was. Mr. Marant said after the bid with Dania was accepted the plant opened and the tip fee was $61.70 a ton. He said it created a major problem. He said the lawsuit has nothing to do with service. He said it is something that needs to be resolved and could not be done through arbitration. C/M Abramowitz said $1.10 is the price based on the tipping fee of today's market so what is going to happen when the fee is raised. Mr. Marant said this is in the contract. He said the Resource Recovery Board develops the prices and the participating cities by Ordinance have to agree to pay a particular price. He said this is all to be discussed when the City decides it wants to enter into negotiations with a vendor. C/M Katz asked if this was a contingency in the RFP. Mr. Kelly said in the contract and part of negotiations. Mr. Kraft said it is in the proposed agreement too. Mr. Marant said part of this process involves working through the details of the contract in terms of what the City Manager has to do next. He said some of the problems could be resolved during that time. He said if they do not bring back what is needed, nothinc gets done anyway. C/M Katz said he would like to see the information anyway. V/M Schumann asked the City Attorney if Council can waive an irregularity in the RFP. City Council Regular Meeting 12/9/92/ew Page 13 Mr. Kraft said that is what is called for in the bid documents on Page 2, Section 1.3. V/M Schumann asked if there is a lack of compliance with Section 2.2 to disqualify this vendor as non -responsive and, if it does, is that a waivable item. Mr. Kraft said the problems with Section 2.2 are something that Council could waive as a technical irregularity. C/M Katz said so many items have been brought up today that he is not happy with. He said he would like an answer so that when he makes a decision it will be what he feels is in the best interest of the City. * C/M Katz MOVED to TABLE Item 3 until all the information is received, SECONDED by V/M Schumann. C/M Abramowitz said every month costs the City double what they should be paying. He said at every meeting there will be an issue that someone wants more information on and the City needs to do what they have to do. Mr. Kelly said under the strict cost consideration, when Council directed them to go to two bags it was agreed that there were only two vendors. He said with two bags per week it would be $9.54 with Seacoast and $14.47 with All Service. He said the County Waste proposal with two cans was $11.25, which makes more sense. He said if the City is going to bags, the best cost savings for the majority of residents is Seacoast. C/M Katz said his concerns are that the contract will not be enforceable and that the contractor cannot deliver for the price. Mayor Bender said if Council supports Mr. Kelly's recommendation and waits for Seacoast to come back with the documentation asked of them several things could be done. He said Mr. Kelly could proceed and support the documentation that C/M Katz is looking for. C/M Katz asked if the City is better served looking for a letter of credit than with a performance bond. He asked what the availability of payment is on a letter of credit versus a performance bond. C/M Abramowitz said much better. C/M Katz said it is not unreasonable that some of the information be given to him and he is prepared to make a decision. He said he would like to see $1.10. He said he wants to make sure that no one feels like they are stuck with a contract for five years like with Southern Sanitation. C/M Abramowitz said cheapest is not always best. He said the problem he has is that many people asked how the City could be interested in $1.68 versus $1.10. He said he still feels that the best deal was not bags. VOTE: C/M Schreiber Aye C/M Abramowitz Nay C/M Katz Aye V/M Schumann Aye Mayor Bender Aye Mr. Marant asked if a breakdown in terms of cost is all the information that Council is requesting. C/M Katz addressed the City Manager and said that he wants a breakdown of how Seacoast came up with $1.10 as a profitable rate. He said he wants an answer from the City Attorney and/or the Finance Director on which direction the City is better off with, a letter of credit or a performance bond and if there is no conflict with the RFP and the question that was posed on Section 2.2. He said these are the questions that he would like answers to. City Council Regular Meeting 12/9/92/ew Page 14 C/M Katz said he is prepared on information that says $1.10. Be said if a Letter of Credit is better than a Performance Bond and the City is not going to be subject to a lawsuit, then he is ready to vote. Mayer Bender told Mr. Kelly for the record to document this in the form of questions, furnish Council with a copy of the letter asking Seacoast to please comply and get the answers back to Council to move forward. Mr. Marant said it would be expedited. He said .if the City gives S acoast the letter it will be in process when they leave here. Finance Department 4. MOTION TO APPROVE the purchase of one (1) 1993 Jeep Cherokee 'from -Plaza Jeep under State Contract 070-001- 92-1 at a cost of $13,846.42 for the Parks and Recreation Department. SYNOPSIS OF ACTION APPROVE—d--"...,-,.,"- " C/M Schreiber MOVED to APPROVE Item 4, SECONDED by C/M Katz. Ms. Blasi said the list price of the 1993 Jeep was what Parks and Recreation had budgeted and Council approved in the 1992 Budget. She said the price was $14,400.00. She said the State Contract base price for the 1992 Jeep is $12,409.00. She said Plaza Jeep, under the State Contract, will give a 1993 model for the same price of the 1992 State Contract. Ms. Blasi said to verify that this is the best price, other dealers were called and their prices were higher. C/M Schreiber asked if the 1992 Jeep had all the same features that the 1993 Jeep has or what the package was that raises the price from $12,409.00 to $13,846.42. Ms. Blasi said the 1992 Jeep does not have the same features and these are options that would have to be added. VOTE: ALL VOTED AYE 5. MOTION TO APPROVE a two-year contract for uniform rental w it 'h Warren Uniform Company under the City of Sunrise bid. SYNOPSIS OF ACTION APPROVED C/M Schreiber MOVED to APPROVE Item 5, SECONDED by C/M Abramowitz. Ms. Blasi said formerly the City had a contract with Uniforms for Industry, who was bought out by Centrust. She said Centrust has been very difficult in providing the service under the contract and has basically told the City that they do not want to be the uniform vendor. Ms. Blasi said the City of Sunrise has gone out to bid for uniforms and awarded the contract to Warren Uniform Company. She said several other cities have also gone with Warren, including Hollywood, Sunrise, Davie, Margate, Hallendale and Pembroke Pines. She said Warren has provided $3.70 for poly/cotton blend uniforms and will provide on a limited basis a 100% cotton uniform for those who request for $4.70 per week. Ms. Blasi said Tamarac currently has 108 employees who require uniforms to be provided and laundered. She said the cost for these are budgeted individually in the different departments. C/M Schreiber said five sets could be delivered once or twice a week. He said one uniform is used per day. He said it cost more money for one delivery but the total number of uniforms delivered is the same per w ek. 11 City Council Regular Meeting 12/9/92/ew Page 15 Ms. Blasi said curr ntly the City is paying $4.29 so this is a decr ase and the City is v ry unsatisfied with the current company. She said they will not replace worn out uniforms, they fail to provide new uniforms for new employees and they.are continually missing uniforms and blaming the employees. C/M Katz said it can be cheaper delivering twice a week because they do not need ten uniforms per person. He said the inventory cost is less. VOTE: ALL VOTED AYE C/M Katz said this is for twice a week and Mayor Bender said, yes. RESOLUTIONS Administrative 6. MOTION TO ADOPT Temp. —Reno. #6407 authorizing the appropriate City Ofticials to execute an Agreement with the Florida Department of Agriculture and Consumer Services Division of Forestry relating to the disbursement of matching funds in the amount of $7,500 for a Street Tree Inventory project. SYNOPSIS OF ACTION : APPROVED with condition that City is to receive notification from Tallahassee regarding indemnification and said notification is to be approved and reviewed by City Attorney and City Manager. RESOLUTION R-92-191-PASSED * C/M Katz MOVED to APPROVE Item 6, SECONDED by C/M Abramowitz. C/M Schreiber said in the contract there seems to be two of paragraph 3 and asked if it was an error. Mr. Kraft said it looks like they were misnumbered on page 2. He said it is not a material problem. Mayor Bender said the number has to be changed and the other numbers need to be re -numbered. C/M Schreiber asked about indemnification. Ms. McDermott, Assistant City Manager, said on June 24, 1992, Council authorized the City Administrator to apply for grant funding to the State of Florida Department of Agriculture and Consumer Services. She said the grant is for street tree inventory on all publicly owned lands. She said this is a matching grant and the money will provide for the street tree inventory. Ms. McDermott said this contract will be contracted out to a professional organization that can provide the analysis. She said this will include a tree canopy analysis, review the City's Landscaping Code and street tree inventory to determine the composition, health and number of trees in a tree planning program. Ms. McDermott said this project will help the City of Tamarac promote the need for proper future placement of individual trees within the City, identify the hazardous trees that must be removed or moved and help the City establish a program through.following a corporated intern master plan. She said this document and project will help the planning staff plan future street trees within the City of Tamarac on all public lands which include parks. She said they received a grant in the full funding amount. C/M Schreiber asked if the City had its own nursery. Ms. McDermott said, yes. She said this grant is not to purchase trees. She said it is to do the paperwork. She said the project is required City Council Regular Meeting 12/9/92/ew Page 16 under the Comprehensive Plan to comply with the Master Plan. Ms. McDermott said the City received a grant letter of award and a standarized State contract and the City Attorney was concerned regarding indemnification. She said the State wanted Tamarac to do more than was required under State Statute and the City Attorney objected to that. She said she called and faxed the City's objections to Tallahassee and is waiting to hear from the State Attorney. Mr. Kraft suggested that Council pass the Item subject to minor revisions as are subsequently approved by the City Attorney and reviewed by the City Manager. Mayor Bender said the Motion was made and is subject to what the City Attorney indicated. VOTE: ALL VOTED AYE 7. a. MOTION TO ADOPT Temp. Reso. #6408 authorizing the appropriate City"-76fficials to execute 'the First Amendment to the Interlocal Agreement with Broward County for Solid Waste Disposal Service concerning recyclable materials recovery (MRF Agreements). b. MOTION TO ADOPT Temp. Reso. #6409 authorizing the appropriate City officials to execute'an Agreement Between Broward County and The Cities of Coconut Creek, Lauderhill, Margate, North Lauderdale and Tamarac concerning recyclable materials recovery (MRF Agreements). RESOLUTION R-92-192-PASSED SYNOPSIS OF ACTION RESOLUTION R-92-193-PASSED APPROVED 7. a. and 7.b. * C/M Abramowitz MOVED to APPROVE Item 7.a., SECONDED by V/M Schumann. C/M Abramowitz urged that this be approved by Council to allow the cities to go through with recycling and make some money. C/M Schreiber asked if this goes along with Browning -Ferris and C/M Abramowitz said, yes. l+tfvv.:�F ALL VOTED AYE * C/M Abramowitz MOVED to APPROVE Item 7.b., SECONDED by V/M Schumann. C/M Katz asked about the $1.40 with the alternative amount of $.95 with no recovery. He said his position was to go with the $.95 because there is nothing to be recovered anyway. He said the recyclables do not have enough of a market and the price is not allowing for distribution to the City. He said the City will be paying $1.40 with no recovery when they could have introduced no recovery at $.95. C/M Abramowitz said he agreed with the $.95, however, Broward County, the law and 51% of the population agrees Citywide that this is the deal. He said they have shown statistically where in Palm Beach County once they have established the MRF it is income producing. C/M Katz said there were recyclable contracts prior to the time they w nt into the MRF, guaranteed money. VOTE: ALL VOTED AYE Community Development 8. MOTION TO ADOPT Temp. Reso. #6406 accepting the Transportation �� Needs AnalysisReport prepared by Kimley Horn and Associates, Inc., dated September, 1992. SYNOPSIS OF ACTION RESOLUTION R-92-194 PASSED APPROVED City Council Regular Meeting 12/9/92/ew Page 17 * C/M Schreiber MOVED to APPROVE Item 8, SECONDED by C/M Abramowitz. Mr. Kelly said this Item was discussed yesterday during the workshop. He said the action was to accept the recommendations and to move in that direction but there was no formal action to accept the report. VOTE: ALL VOTED AYE 9. MOTION TO ADOPT Temp. Reso. #6402 approving a request by WOODMONTu GARDENS ACLF kor" an extension of final site plan approval for one (1) year for Phase I and four (4) years for Phase II. (located on the south side of Southgate Boulevard between University Drive and NW 88 Avenue) SYNOPSIS OF ACTION RESOLUTION R-92-193 PASSED kPPROVED Tape 4 * C/M Abramowitz MOVED to APPROVE Item 9, SECONDED by V/M Schumann. Alan Gabriel said construction will begin in the beginning part of the year. He said they have been held up with the bond transaction and they have been working on it. He said they will be coming back to Council with the bond transaction and further developments. C/M Abramowitz said the City has bent over backwards in past years to help the developer with this project. He said the immediate community has also been very receptive to the program. Mr. Gabriel said they have asked for a development extension approval on a regular basis and they are interested in constructing this project. He said money is being spent on a daily basis to have the project built and it is just a matter of time. He said they anticipate that this is the year that it will happen. V/M Schumann asked if the 501 (c)(3) status been obtained. Mr. Gabriel said they have applied for it and it is subject to IRS approval. He said this is what is holding them up. C/M Schreiber said this project goes back to 1987. He said the applicant's problem is getting financing. He said the length of the extensions concern him. Mr. Gabriel said the original approval granted one year for the first phase and four years for Phase II and the extensions are a continuation of that. C/M Schreiber asked if four years was needed for Phase II. Mr. Gabriel said they prefer to continue in that fashion just so they can get into the ground and then if it can be built earlier they will not have to come back and ask for another extension on Phase II. He said the number of years does not start until they break ground. C/M Abramowitz said they will not put up Phase II unless Phase I is successful. Mayor Bender said he is interested in getting something moving there. V/M Schumann said one of the big factors is the 505(c)(3). He said it is a very difficult process trying to get this type of thing through the IRS. He said it takes time. VOTE: ALL VOTED AYE 17. MOTION TO ADOPT Temp. Reso. #6410 appointing Gladys Kupfer as I n alternate member to the Public Information Committee with a City Council Regular Meeting 12/9/92/ew Page 18 term to expire June 20, 1993. SYNOPSIS OF ACTION RESOLUTION R-92-196 PASSED AGENDIZED by consent on Page 2 APPROVED, C/M Katz MOVED to APPROVE Item 17, SECONDED by C/M Abramowitz. VOTE: 14. CitX Council V/M Schumann - no report. ALL VOTED AYE REPORTS C/M Katz said there were workshops and meetings regarding multifamily garbage and at each session he asked that Council direct the City Manager to include in his negotiations a retroactive 15% franchise fee. He said the only thing he heard was laughter. C/M Katz read into the record a letter dated December 4, 1992 to Dennis Urbanski, Southern Sanitation. He said he and Mr. Urbanski met yesterday and he told Mr. Urbanski he has a moral obligation to the City and Mr. Urbanski agreed to meet with the City Manager and make that part of the negotiation process. He said he is pleased that Mr. Kelly and Mr. Urbanski have agreed that the 15% franchise fee will be paid to the City since the expiration of the agreement until the new agreement is in place. He said this represents about $50,000.00 additional revenue to the City. C/M Schreiber - no report. C/M Abramowitz said Mike Couzzo and he, as liaison to the School Board, attended a meeting with parents at the school. He said the suggestion has been made that Tamarac Elementary was one of the schools that was targeted to go on a double session. He said they are suggesting that the children have 4.5 hours of education in the school rather than 6 hours. C/M Abramowitz said the City provides latch key service and after school programs. He said the problem is that 120 to 130 children are in the program and what happens when the parents say 610 children are going to be out of school by 12:55 p.m. and no one is home. He asked what the City is going to do with these children. He said he ie going to ask that a presentation be made to Council because everyone needs to understand what the potential is when the time is right. 15. City`Attorney Mr. Kraft - no report. 16. City Manager Mr. Kelly said the two canal personnel that were approved by Council previously will begin work December 14, 1992. Mr. Kelly said the FEMA people have called regarding the last request for payment. He said they are still processing that and they want contracts because Southern Sanitation was one of the invoices. He said the City has not paid the Southern Sanitation invoice for the extra cleanup that they did. He said the City hoped, to get paid by FEMA first. He said the Inspector Generals representatives were here trying to intimidate the Finance Department regarding the work that had been done previously. Mr. Kelly said the proclamation he requested for the young lady for the Orange Bowl could not be here today but will be available at the next meeting. Mr. Kelly said crossing guards will be another school issue. City Council Regular Meeting 12/9/92/ew Pag 19 Mr. Kelly said bulk pickup by Southern Sanitation will begin next week, December 14, 15 and 16. He said they would have liked bulk pickup after the holidays but Southern Sanitation is already committed to that time. Mr. Kelly said the MRF issue approved today was approved by Coconut Creek last night. Mr. Kelly said the December 23, 1992 Council meeting is a daytime meeting. He said City Hall will be closed December 24 and 25, 1992. Mr. Kelly said he would be touching base with Seacoast this afternoon to get the information that was requested. C/M Abramowitz asked what is happening with the tree stumps and Mr. Kelly said they will be removed. Mayor Bender asked when the removal of stumps would be complete. He said in some of the areas the stumps are a hazard. Mr. Kelly said he has a meeting Friday night at Mainlands I and II and Section 12 on Monday night. He said people are very confused about the bags and the billing. Mayor Bender suggested putting an article in the Tam -A -Gram explaining the bag system. C/M Abramowitz said the cities that have bags say that the first two months is a horror because it is an educational process. C/M Katz asked Mr. Kelly to expand on the negotiations he had yesterday with Mr. Urbanski. Mr. Kelly said as a result of the meeting between Mr. Urbanski and C/M Katz, Southern Sanitation is amenable to including the retroactive franchise fees to the City. C/M Abramowitz asked if this was so if they do not get the contract with the City and Mr. Kelly said part of the response is that Southern Sanitation expects the contract to be awarded to them. He said these were the entire negotiations. With no further business, Mayor Bender ADJOURNED the meeting at 11:20 a.m. BENDER MAYOR - CAROL A. EVANS CITY CLERK CITY OF TAXARAC APPROVED AT MEUNG Of I -,1 `2 ; g 3 I [I