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09-16-2002 - Regular u Q CITY COUNCIL OF EDGEWATER REGULAR MEE TING SEPTEMBER 16, 2002 IMMEDIATELY FOLLOWING SPECIAL MEETING COMMUNITY CENTER MINUTES CALL TO ORDER Mayor Schmidt called the Regular Meeting to order at 8:18 p.m. in the Community Center. ROLL CALL Mayor Donald Schmidt Councilman James Brown Councilman Dennis Vincenzi Councilwoman Harriet Rhodes Councilwoman Judith Lichter City Manager Kenneth Hooper City Clerk Susan Wadsworth Legal Assistant Robin Matusick Present Present Present Present Present Present Present Present INVOCATION, PLEDGE OF ALLEGIANCE There was a silent invocation and pledge of allegiance to the Flag. APPROVAL OF MINUTES There were no minutes to be approved at this time. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS A. Recoqnition of appointed/reappointed Board and Committee members There were no members to be recognized. CITIZEN COMMENTS There were no citizen comments at this time. Q Q ~ CITY COUNCIL REPORTS Councilman Brown spoke about a meeting he attended for Royal Oaks with regard to whether it was dangerous for the people to live there or not and if there were any potential hazards or anything in the Royal Oaks Subdivision. According to them there was no danger to the people living there and that the people could return and live their lives as normal. All the State agencies that were there all recommended the City draft a letter asking them to expedite all the paperwork that they would be more inclined to get it done. Instead of 120 days or more they could probably be done in 90 days. He asked the Council to approve them drafting a letter to these different departments to ask them to expedite all of the paperwork for the Royal Oaks citizens. Councilwoman Lichter asked if we have been asked by them to do so. City Manager Hooper explained Mr. Wadsworth appeared at the meeting the other night which he felt was informational. They haven't responded to try and draft anything until Council said they were interested. It is really a federal issue and they have done the inspections. The State is involved. There is a clean bill of health that is due to come and they could ask the feds to expedite it because it has taken a long time and there are some people that have been relocated. He doesn't have any objections. It was the consensus of Council to draft a letter. Councilman Brown commented on the Memorial Service he attended on September 11th in New Smryna. He hopes they will continue to have memorials of this type every year. The one in our City was also very well attended. Councilman Vincenzi commented on the business expo that was held at the Elks Club on Friday and Saturday. It was a nice affair. There were a lot of people milling around, sharing information. It was very well done. Edgewater was there promoting Economic Development which he felt was good. Councilwoman Rhodes commented on a memo the Council received from Debby Sigler in Personnel about Shell's Restaurant who honored the Police Department and all of City Hall by providing lunch in July. They are going to honor the balance of the City's departments on Friday September 20th. She would like a Thank You letter from the Mayor letting them know we appreciate that they are honoring our employees this way. City Manager Hooper asked City Clerk Wadsworth to draft such. City Clerk Wadsworth suggested they send a Certificate of Appreciation. Page -2- Council Regular Meeting September 16, 2002 Q u Councilwoman Lichter stated the Memorial Service that Councilman Brown was referring to was held at the Baptist Church in New Smyrna. Four of the Council attended. There were over 1,000 people there. She felt like she was at the site of the towers. She has never been through such a moving ceremony. It was a joint effort of several of the churches. When they walked in at 7 p.m. there was not a seat in the church and the Council was called to the first row recognized as Council people. The service itself was to touching. Our firemen and our policemen were so honored that two of our firemen were in the statue, the pose representing two of the New York Firemen, Michael Hayes and Reese Lewis. Mayor Schmidt had nothing at this time. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS A. Res. No. 2002-R-23, amendinq sections of the Personnel Policy and Procedures Manual Legal Assistant Matusick read Res. 2002-R-23 into the record. Personnel Director Debby Sigler explained the changes recommended by the Personnel Advisory Committee and the sections that were revised as a result of the union contracts previously adopted by the Council. Councilwoman Lichter asked how the changes will effect the budget or do they. City Manager Hooper explained why they really don't. He doesn't see any changes that have a budgetary impact. Councilman Vincenzi moved to approve Res. 2002-R-23, second by Councilwoman Lichter. The motion CARRIED 5-0. B. Res. No. 2002-R-26, enactinq the City of Edqewater Equal Emplovment Opportunity Plan Legal Assistant Matusick read Res. 2002-R-26 into the record. Ms. Sigler explained several grant applications have requested an EEO plan be put in part of their package so they have developed a plan document and this will make it better when we apply for grants. We have a document right now that spells out our commitment to Equal Employment Opportunity. Page -3- Council Regular Meeting September 16, 2002 u Q Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilwoman Lichter moved to approve Res. 2002-R-26, second by Councilman Brown. The motion CARRIED 5-0. BOARD APPOINTMENTS There were no board appointments at this time. CONSENT AGENDA There were no items on the Consent Agenda at this time. OTHER BUSINESS A. Recyclinq Services - staff recommendinq approval to authorize a Notice of Intent to Award to Florida Recyclinq Services, Inc. for curbside residential recyclinq services at a bid proposal of $1.43 per residential unit and authorize the City Manaqer to execute the contract documents upon receipt of insurance, bonds and other documentation City Manager Hooper made a staff presentation. They have reviewed this and talked to the City Attorney. He thinks this clearly meets all the standards within our bid documentation. Florida Recycling Services has reviewed the contract and it is his understanding they have no objections to the term and conditions of the contract. Staff recommends approval. Councilwoman Rhodes asked what we pay now. City Manager Hooper stated he believed it was $1.58. Councilwoman Rhodes asked if they will be passing the savings on to the users. City Manager Hooper explained they will have a rate study that he had just seen the first draft of this afternoon. There will be an opportunity to discuss what gets passed on to the users coming up next month. Councilwoman Lichter questioned renewing this every two years with Southard Recycling. City Manager Hooper stated we have had Southard for a number of years and they have done an excellent service. It was originally signed and had two year additionals that could be done. That has been executed and done for the last nine years. Page -4- Council Regular Meeting September 16, 2002 u Q Councilwoman Lichter asked if every two years when they renewed if they went out for bid again. City Manager Hooper commented on the originally contract having a sign up opportunity and an options for renewal. What occurred stated Mr. Wadsworth negotiated a rate that was brought back to Council each time and the decision was to stay with Southard. This is the one that had expired with that contract and we were mandated to go out for bids. Councilwoman Rhodes asked why he bid $.11 less than what we are paying him now. Duke Southard, Southard Recycling, 1604 Sabal Palm Drive, stated he would like to keep the contract obviously and wanted to keep his people in the job. He informed Council they have had the contract for twelve years. Councilwoman Rhodes asked Mr. Southard why he can give us the service in 2002 for $1.47 and we are paying $1.58. Mr. Southard stated the cost of living have taken it up there. He has bid it in at $1.40 before. The cost of living has gone up three or four cents and insurance has gone up. Councilwoman Lichter made mention of new equipment and trucks Mr. Southard purchased in the past. Mr. Southard stated they had to go from pickup trucks and trailers to the big recycling rigs. The reason he came in as low as he did, which he thought was ridiculous, was to keep six employees on the payroll that live here locally in town. It wasn't going to be as much as a profitability for him as it was gong to keep everybody a job. He will just have to let them go. He will end up probably pretty close to the same as he was before. He informed the Council if they do decide to give the contract to Florida Recycling, he has enjoyed twelve years. He thanked the Council for giving them the twelve years. He would like to continue but if the Council sees fit he has no problem with them giving it to Florida Recycling. He stated he would like to introduce himself to Florida Recycling and let them know his employees will be looking for a job. If they come in they are going to need employees and he would like for them to contact him for their resumes. He just found out today that this was going to be awarded tonight. He hasn't even told them yet. Nobody told him. He read it today in the newspaper. Page -5- Council Regular Meeting September 16, 2002 u o Noritta Harris, Orange Tree Drive, stated she was in the garbage business for fifteen years in Miami. You don't always take your cheapest bid. She feels for the $.04 difference, the Council needs to stick with Southard. She feels we have excellent service with them. That is the only thing that she can say about Edgewater that she does like. Councilwoman Lichter stated she called City Manager Hooper when she saw this and she asked if there were no other considerations then just price. City Manager Hooper explained to her that the way the City went out to bid, other considerations were not put into the statement but just price. Consequently we have to stick with the cheapest bidder. City Manager Hooper further spoke on the bid process and the request for proposal process. City Manager Hooper stated they have called and checked references and they also do businesses with other large cities in Volusia County. City Manager Hooper explained the term of the contract with Florida Recycling Services. If there are any issues that are not met, the contract can be terminated at the City's discretion if there is a failure of service to be provided. Councilwoman Rhodes again clarified they have to award the bid to Florida Recycling. City Manager Hooper explained they have advertised it in such a format. If they wanted to do something different, they would have to start over with new proposals and bids, which he does not recommend. Councilman Brown commented on the people that work for Southard taking the time to walk up to some of the houses due to the people being elderly or have health problems. He would hate to lose that. Mr. Southard stated he isn't trying to push these people out of a job but the contract does say it doesn't necessarily go to the lowest bidder. It can go to the one that is the best for the City. City Manager Hooper stated but it is based on the price. They didn't put any other terms or conditions that would go with that. The way this is structured it is a price bid. It is not one to be negotiated for amenities. Page -6- Council Regular Meeting September 16, 2002 Q o city Manager Hooper commented on the good job Mr. Southard has done and there being many residents that are pleased with it. He suspects they will hear the same kind of compliments come back when these people have a time to do it. If not, this could be rejected and they could come back in another year or so if it isn't matching the City's level of service. Councilwoman Rhodes asked how many employees Mr. Southard employs from Edgewater. Mr. Southard stated the total between Edgewater and New Smyrna is twelve. He thinks there are six or seven from Edgewater. Sid Vihlen Jr, governmental liaison for Florida Recycling Services, stated they had Joe Bryerton, General Manager, and Gary Cunningham, Volusia County Facilities Manager, present. Mr. Vihlen stated they have their employee center on Airport Industrial Road in New Smyrna Beach. They are the local haulers at New Smyrna. They privatized the City of New Smyrna and have had raving reviews by the City Manager and the Council. They just went through a grading period and they got full endorsement in New Smyrna from all five of the elected members. They are also the haulers for South Daytona and have had the New Smyrna Beach contract for five years on September 30th. He commented on doing so well in the City of Daytona Beach. Their contract was for five years with no renewable term. The City of Daytona Beach changed its ordinance intentionally to extend the contracts which had no provision for contracts starting the first of 2002 in order to extend them and under those circumstances they will start a brand new five year extension for the City of Daytona Beach. They also have an on-going contract with Volusia County government where they pick up all the Volusia County facilities. They employee approximately 15 residents of the City of New Smyrna and he thinks a couple of them are from Edgewater. They have an excellent reputation and are well funded as well as have good equipment. He further commented on the City advertising for a bid. They elected to participate in that bid process. They are the low bidder and in accordance with the specs, they submitted references, their history of business operations, and their finances. They met the criteria of performance and experience in financial capability along with the fact that they are the low bidder. They believe if the City awards the contract, they will be bragging on them accordingly. Page -7- Council Regular Meeting September 16, 2002 u o Joe Bryerton stated they would be happy to interview the employees from Southard and take their applications for positions with their company. It won't take them six people to service the recycling needs for the City. With their other contracts, they do have positions within the company and would certainly like to look at those employees and their qualifications. Councilwoman Rhodes stated for $.04 she isn't willing to put the citizens of Edgewater out of work. That is why she wants assurance that Edgewater citizens are employed. Councilman Vincenzi stated he feels bad that there will be people living in Edgewater that are going to lose their jobs. Councilwoman Rhodes stated what she is trying to do is base a decision and unfortunately what she sees the decision as is they accept Florida Recycling or they go through the process again. Councilman Vincenzi stated he doesn't see how they can go through the process again. If you put a sealed bid in and you come in as the lowest bidder, then you are the winner. Councilman Vincenzi spoke about knowing some of the people that live in New Smyrna and most of them are happy with their service but some of them aren't. He also stated the trucks at the Daytona facility aren't that great. He doesn't see any alternative but to go ahead and approve the bid. Councilman Brown asked how many people they are planning to put in Edgewater. Mr. Bryerton stated with a five-day service they can service it with one or two recycle vehicles. Councilman Brown again mentioned personalized services for people that have a hard time getting their recycling to the road. He asked if they will be able to continue with this. Mr. Bryerton stated it doesn't specify any numbers as far as backdoor services in the bid but in all of their other contracts they do provide that service for handicap people. Mayor Schmidt stated right now they are recycling half the City one day and half the City another day. He questioned going to five-days a week having the trucks on the streets. Councilwoman Lichter asked if they will have one pickup per week. City Manager Hooper stated there is two pickups per week. Mr. Bryerton stated one pickup per week with two vehicles. Page -8- Council Regular Meeting September 16, 2002 u u Councilwoman Lichter stated unless it is a tie bid, they have stated money is the criteria and that is how you do business. City Manager Hooper commented on Florida Recycling meeting all the criteria. Mr. Vihlen stated if Mr. Southard is releasing six employees, they have openings just about all the time among New Smyrna South Daytona and Daytona Beach. They have excellent pay and an excellent 401K benefit program and excellent personnel policies. They are one of the highest paying companies in the area. These six employees will be given an opportunity to go to work. Mr. Vihlen commented on the equipment in Daytona Beach. Part of the renewal is that they are putting all brand new equipment on the streets in connection with the five year contract. Mayor Schmidt opened the public hearing. Ms. Harris stated there is only $.04 difference. The rates are going up so much on the taxes, the elderly aren't going to say anything about the $.04 difference in the recycling when they are paying hundreds of dollars more in taxes that the City is voting for. Ms. Harris then spoke about the FIND property. She feels the City shouldn't be in the real estate business. She questioned who is paying for the project. Councilwoman Rhodes stated the people that are buying the property are going to pay for it. Ms. Harris stated it hasn't been sold yet. Who is paying the men that are over there right now. Councilwoman Rhodes stated the State. Ms. Harris stated she sees Edgewater trucks in there. City Manager Hooper stated she is seeing inspectors. Ms. Harris stated somebody is in there that shouldn't be in there. Councilwoman Rhodes stated she thinks they reimburse us. Mr. Southard stated of the six people that will be laid off, four of them are on trucks, two of them work in the warehouse. They process their own recycling. They will be taking theirs to have it processed by somebody else. Mayor Schmidt closed the public hearing. Councilwoman Rhodes feels since they put out for bids in a certain manner that would be based on cost, they discern that she feels if they said if they need to live up to it. Page -9- Council Regular Meeting September 16, 2002 u u Councilwoman Rhodes agreed with Ms. Harris that $.04 isn't worth putting Edgewater citizens out of work. She feels their word is all they have because we have no money now. She thinks they have to live up to it. Councilwoman Rhodes moved to authorize a notice of intent to award to Florida Recycling Services for Curbside Residential Recycling Services at a bid proposal of $1.43 per residential unit and authorize the City Manager to execute the contract documents, on behalf of this City upon receiving insurance, bonds and other documentation, second by Councilman Vincenzi. Mayor Schmidt stated they are taking the City from two sections to five sections and they have fourteen days to do it and to get everyone to understand when their new day will be and the whole nine yards. City Manager Hooper stated there will be some confusion early. He has talked to them about taking over effective October 1st. He has given them the draft of the contract. Tomorrow by phone they will talk of how to implement it and how they get going as quick as they can and get it into a smooth cycle. Councilwoman Lichter asked if they are going to use the newspaper as a possible means of notification. Councilman Brown asked if there is a probation period on this. City Manager Hooper stated it has a provision if the Council is unhappy and there is some lack of service, they notice them and if they don't make the correction actions, they can cancel the contract. Councilwoman Rhodes suggested that from now on when they put out for bids that one of the criteria be employment within this city as well as price. Councilman Brown stated if at all possible. Councilwoman Rhodes feels it should be a criteria for making the decision. Mayor Schmidt explained why he didn't think they could do that. City Manager Hooper commented on this being difficult to enforce. He spoke of staying away from local incentives. He further spoke of most of the City's bids being true price driven bids. Councilwoman Lichter stated her vote will be predicated on the thought that they are going to interview these Edgewater people that are going to be unemployed, perhaps being able to fit them in some place. City Manager Hooper stated they are going to do that but there is no obligation. Page -10- Council Regular Meeting September 16, 2002 U Q The motion CARRIED 4-1. Mayor Schmidt voted NO. B. Investment Policy - staff recommendinq approval of the Investment policy to update existinq policy dated September 1995 in order to comply with Florida Statutes 218.415 City Manager Hooper made a staff presentation. Councilwoman Rhodes moved for approval, second by Councilwoman Lichter. The motion CARRIED 5-0. C. Red Cross Aqreement - staff recommendinq renewinq Aqreement between the Florida's Coast to Coast Chapter of the American Red Cross and the City of Edqewater and authorize the Mayor to execute the document City Manager Hooper made a staff presentation. Mayor Schmidt asked if they still have the contracts with the schools. City Manager Hooper stated the School Board has contracts with the Red Cross and National Guard. Mayor Schmidt mentioned the schools asking for that to become a shelter for them in case they had to evacuate the school. Fire Chief Barlow explained emergency management are the ones that coordinates those agreements and they have nothing in this area for the schools. The only thing they have with the schools is they work with a Police Department and Fire Department to orchestrate some emergency evacuation plans should something happen at the school itself. For hurricanes, they can not use those as shelters. City Manager Hooper informed Mayor Schmidt he was right. They had an agreement that they should use the Y to evacuate the schools. Mayor Schmidt asked if they had to be renewed or if it was up to the school to renew those. City Manager Hooper stated they would look at them but he thought they were long term. Councilwoman Lichter moved for approval, second by Councilwoman Rhodes. The motion CARRIED 5-0. D. Insurance - City will receive insurance bids prior to October 1, 2002 expiration. Staff requestinq authorization for City Manaqer/Mayor to execute contract with low offer or for FY 2002/03 policy Page -11- Council Regular Meeting September 16, 2002 u (J . . City Manager Hooper made a staff presentation. He asked for authority to sign the insurance effective October 1st. They will have the quote in by the end of this week. Councilwoman Lichter stated it seems to her that we got very late notice about the increase. She asked if there is anyway to put into a contract that you get whatever you consider a more reasonable amount of time if they are going to up that much. City Manager Hooper explained they can put that in the contract. Neither of these two had quotes out until the last week. He commented on the money the League lost last year. Every year, the quotes have come in between the first and second public meeting on the budget. Councilwoman Lichter moved to authorize City Manager Hooper to execute the contract with either PGIT or the Florida League of Cities Trust, second by Councilwoman Rhodes. The motion CARRIED 5-0. OFFICER REPORTS City Clerk Wadsworth had nothing at this time. Legal Assistant Matusick had nothing at this time. City Manager Hooper informed the Council they needed to appoint the representative to the Water Entity. Mayor Schmidt commented on the hard work done by Councilwoman Lichter and feels she should continue on with the new entity. Councilwoman Lichter agreed. CITIZEN COMMENTS/CORRESPONDENCE There were no citizen comments at this time. ADJOURNMENT There being no further business to discuss, Councilwoman Rhodes moved to adjourn. The meeting adjourned at 9:11 p.m. Minutes submitted by: Lisa Bloomer Page -12- Council Regular Meeting September 16, 2002