01-03-1979 - Special
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CITY OF EDGEWATER
CITY COUNCIL SPECIAL MEETING
January 3, 1979
Mayor Christy called the Special Meeting of the City Council
to order at 6:00 P.M., January 3, 1979, in City Hall. The
purpose of the meeting was to discuss the garbage contract
with Tomoka Refuse.
ROLL CALL
Mayor Robert H. Christy
Councilman Louis J. Rotundo
Councilman David C. Ledbetter
Councilman Walter B. Sikes
Councilman Neil J. Astinq
City Attorney Judson Woods
City Clerk John Wharton
Police Chief Earl Baugh
Present
Present
Present
Present
Present
Present
Present
Present
Mr. Woods said that he had asked the Mayor to call this special
meeting to discuss the aspects of the garbage problem in the City.
He requested that the letter to Tomoka Refuse, sent by Chief
Baugh, Council Designee of the Solid Waste Collection Contract,
be read.
The letter, hand delivered to Mr. Abney, on December 29, 1978,
stated that the Contractor had failed to abide by the Contract
specifically in the following respects:
(1) The Contractor has failed to comply with Paragraph 5.04
of the Contract by not "assigning full and complete title to
all equipment used by the Contractor in the performance of this
Contract.
(2) The Contractor has failed to comply with Paragraph 6.03 of
the Contract, by not servicing the routes with trucks which are
dependable and in good working order. There are numerous
instances which can be cited of complete mechanical breakdown of
the trucks servicing the City.
(3) The Contractor has failed to comply with Section 11 of the
Contract by failing to provide proof of workman1s compensation
and liability insurance as required under this section.
(4) The Contractor has violated the Contract on many occasions by
picking up garbage after sundown. Many times, complaints have
been received which indicated that the Contractor has been picking
up as late as 11:00 P.M. to 12:00 P.M. in the evenings.
(5) There have been numerous complaints by private citizens in
Edgewater of abusive and foul language being used by the
Contractor1s employees.
(6) There have been numerous instances of the Contractor completely
missing routes in the City. This, of course, is inexcusable and
the Contractor has been fined on one or more occasions for this
deficiency.
(7) As recently as today, the Contractor has completely refused
to make pick ups as required. This refusal was made in the presence
of Mayor Christy, Councilman Ledbetter, Earl Copeland and Chief
Baugh.
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The letter further stated that unless the conditions cited were
corrected within seven (7) days after receipt of the letter, as
provided in Section 4.11 of the Contract, the designee will
inform the City Council and a hearing wiil be set before the City
Council as required by this section.
In the meantime, if there is a continued refusal by your company
to pick up the garbage and trash in Edgewater, the City has no
choice but to activate its own crews to make these pick ups.
Chief Baugh said that he had a copy of ia receipt signed by
Tomoka acknowiedging receipt of this letter. He had aiso hand
carried another letter on Jan. 2, 1979 to Tomoka informing them
of the Special Meeting on Jan. 3, 1979. Tomoka refused to sign
for this letter. Chief Baugh gave the letter to Mrs. Abney.
Mr. Woods asked Chief Baugh if he had spoken with Mr. Abney when
he delivered the letter.
Chief Baugh said that when he delivered the first letter he did
speak to Mr. Abney. Mr. Abney asked what the letter was in
reference to and Chief Baugh told him it was in reference to
contract violations. Mr. Abney signed for the letter and the Chief
left before the letter was opened.
Mr. Woods said that Chief Baugh was the designee of the Council
and he would assume by the letter that the Chief had given to
Tomoka that, as designee, he d~d not feel Tomoka was complying
with the contract.
Chief Baugh said that was true.
Mr. Woods said that Mayor Christy had received a telegram from
the Contractor on Saturday, Dec. 30, 1978. The telegram reads
as follows:
Because of the sums of money which the City of Edgewater has
improperly withheld from our company and especially the 1000.
dollar assessment of December 27 and 28 when our firm properly
ran our routes and the 134 dollars for unoccupied trailers we find
that we can no longer perform our contract because of the city's
actions. Accordingly we will not be picking up within the city
limits on Saturday December 30 or subsequent thereto.
Signed. Robert E. Abney, President Tomoka Refuse, Inc.
Mr. Woods said that the purpose of the Chief's letter was to list
some of the deficiencies in the performance of the Contract. The
Chief could not list all of the deficiencies so he set forth those
of a more serious nature particularly the failure to pickup and
the failure to provide workmen's compensation insurance and liability
insurance as provided under the contract. The City does not have
records of this insurance as provided under the contract. That is
a serious deficiency. We gave Tomoka seven (7) days to correct
these conditions but thev chose to send the telegram saying they
consider the City to be in breach of the contract. Mr. Woods
continued by reading a memo from Chief Baugh:
"Per my conversation this date at 12:15 P.M. with Mayor Christy,
Councilman Ledbetter, Earl Copeland and Bob Abney, Mr. Abney
stated that he could not complete the route by dark. He further
stated that they would not be picking up today, therefore Mr. Copeland
was instructed by me, per Mayor Christy and Councilman Ledbetter
as Coordinator of the Street Department, to send the City crews out
to pick up the garbage. II The memo was dated Dec. 29, 1978.
Mr. Leonard Spielvogel, Attorney for Tomoka Refuse, arrived at
the meeting.
Mr. Woods told Mr. Spielvogel that the Council had been discussing
the series of events that have taken place under the contract.
The purpose of this meeting is to discuss what action the City can
take and what action the Contractor plans to take. He asked Mr.
Spielvogel to sta~ the position of his clie<:)
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Councilman Rotundo said he wanted to make a motion that we fine
Tomoka Refuse $500. per day until this is settled. Councilman
Ledbetter seconded the motion.
Councilman Sikes said that he felt we should wait until we have
heard all sides of this question before we make any motions.
Mr. Woods said that he believes the Council should allow Mr. Spielvogel,
as attorney for Tomoka Refuse, to at least make his position known
to the Council before they take such action.
Councilman Rotundo withdrew his motion. Councilman Ledbetter
withdrew his second.
Mr. Spielvogel said that he was appearing before the Council in
the hope that the City would be interested in working out the problem.
Tomoka takes the position that the City is in breach. There have
been many instances where the City has arbitrarily and .,improperly
withheld monies due Tombka to the point where it ju~~wasn't
feasible for them to continue. They entered into thfs- contract in
good faith and have always meant to carry it out in.good faith.
If the City has the attitude that it has done everything it should
do and is in the right and ready to assess Tomoka $500. a day ad
infinitum, then we'll have to go to court. . He believes that both
he and the City Attorney have worked hard to keep these differences
out of court. In regard to the trailer spaces, they were assured
that after a 90 day period the City would reconsider the
withholding. of monies. Tomoka was penalized $500. .for Christmas
because they didn't advertise they were picking u~ the garbage.
He had never heard of having to advertise that they were working
especially since they worked Christmas Day last year. In view
of this Tomoka cannot continue to meet payrolls, etc. if they
are being fined improperly. it may be that the City can do the
job better, although it is doubtful if it can do it cheaper, and
maybe the City should have the opportunity to try. Unless we can
establish a better working relationship with this community then
Tomoka cannot continue to try and meet the needs of the community.
We would have to say we will go to court and if we lose then we
owe you all kinds of money but if we win then you owe us something.
There have undoubtedly been instances where we missed one or two
routes and you fined us but we did not contest that. This past
Friday Tomoka had a vehicle breakdown and Mr. Abney told the
attorney that Mayor Christy had said that come sundown the trucks
had to be out of the City. If we hadn't finished the route by
then we would be penalized $500. as if we hadn't even started
the route. It would have been physically impossible to finish
the route: He is sure that there are two sides to this problem
but the relationship between Tomoka and the City of Edgewater
has deteriorated badly and we do not seem to be able to communicate.
Mr. Woods said he agreed with Mr. Spielvogel that court was the
last place we wanted to go because it is a long, costly process.
We have a Contract Designee, Chief Baugh, and it is essentially
up to him, under the terms of the contract, to act as the final
arbiter between the Contractor and the City of Edgewater. He
understood that Mr. Abney said he could not complete the route
on Friday.
Chief Baugh said that Mr. Abney said it was impossible for him to
complete the route by sundown because of the truck breakdown and
if he couldn't complete it by sundown he would not work it at all.
Mr. Spielvogel was given a copy of the letter to Mr. Abney and
the memo of the conversation with Mr. Abney on Dec. 29.
Mr. Spielvogel asked if he was correct in saying that the statement
was made that if Mr. Abney was not finished by sundown, he would be
made to stop and fined $500. is that a correct statement?
Mayor Christy said that it was.
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Mr. Spielvogel said that in effect he was tellinq Mr. Abney that
there was no motivation to continue the route. -
Mayor Christy said he was only reading from the Contract. Mr.
Abney said that there was no purpose to continue.
Mr. Spielvogel said that he was asking whether or not Mr. Abney
was correct in understanding that there really was no purpose
__in his continuing the route at 3:00 P.M. because came sundown
and he knew he couldn1t finish by then, he would be put out of the
City.
Mayor Christy said that the Council had held a meeting the previous
week and authorized the Police Chief to enforce the letter of
the Contract to the law. This included the after sundown pickups.
Mr. Spielvogel said that if we were going to follow it to the
letter we will follow it to the letter in court. He is trying
to say we should be reasonable in our expectations together
with Tomoka. There is a certain amount of flexibility needed on
both sides.
Councilman Sikes said that this situation is not something that
has just come about in the last few weeks. There have been
repeated instances of late pickups and in the cases where the
animals have gotten into. the garbage, the Tomoka employees do not
bother to pick it up if it is on the ground. The Chief had requested
that these problems be corrected within seven days then the next
day we get a telegram saying you won't pick up. So we donit know
whether you are planning to pick up the garbage again or not.
We have had to investigate other alternatives in order to be pre-
pared in any event.
Councilman Asting said there is justification in not allowing
garbage to be picked up after dark especially in the Florida
Shores area. There are very few street lights in that area and
far too often the garbage is not picked up because the workers
cannot see that it has been put out.
Mayor Christy said that the City truck was sent out Wednesday
because of so many complaints about Tuesday.s route not being
picked up. The City picked up over 30 yards left from Tuesday's
route. We asked Mr. Abney to please let us know by 10 o'clock
if he could not make it and the next day the truck broke down.
Mr. Rogers (owner 'of Tomoka Refuse) said that the City trucks
were a couple of blocks ahead of the Tomoka trucks on Tuesday and
naturally would have picked up a lot of garbage.
Mayor Christy said we picked up Tuesday's route on Wednesday.
You did not pick up Tuesday's route, you were picking up Wednesday:s
route on Wednesday.
Chief Baugh said that at a previous meeting, Mr. Abney had said
he would meet with the Chief once a week to discuss the garbage
service. He has only had one meeting with the Chief since that
time;
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Mr. Spielvogel said that he can understand not wanting the garbage
picked up after sundown. However, in the case of Friday some
flexibility could have been used. Also, he questions whether or
not the $500 fine should be enforced if part of the route has
been completed rather than a partial fine if only part of the route
was missed. He also understands that many elements entered into
the reason why they are meeting at this time. He has, in the past,
sometimes advised his client not to attend some of the workshops
and meetings simply to avoid their being abused. He added that
the trailer holdback had never really been resolved. The Contract
specifically says that if a residence or trailer is unoccupied
there will be no adjustment made for that and it will continue to
be paid. The Council has held this trailer holdback as a club
over the Contractor. The Contractor has tried to give adequate
and inexpensive service. There are certain difficulties in finding
good workers for this type of job. Another complaint is not
Ihaving workmen:s compensation. The Tomoka Refuse Company
has never operat<:j without insurance. Evec;fody seems' to be
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worried about their legal position. He cannot say that Tomoka
will be out tomorrow picking up garbage and everything will be
fine. There are certain things that the City owes Tomoka and
certain areas in which the City has been wrong and there are
obviously areas where Tomoka has been wrong. He was upset to
hear that Mr. Abney and the Chief had not been getting together
on a regular basis to work out these problems. However, if the
City is going to take the attitude that they are 100% right
and Tomoka is 100% wrong then we really have nothing to talk
about. '. The City should' be more realistic.
Councilman Sikes asked the Police Chief is there was one or two
trucks operating?
Chief Baugh said one truck,
Councilman Sikes said that we would not have to worry about
after sundown pickups if we had two trucks operating in the
City according to the Contract.
Mayor Christy asked Mr. Spielvogel is he was aware of the letter
that Mr. Robert Abney signed.
Mr. Spielvogel said that it was their position that the letter
is not legally enforceable. Mr. Abney is President of Tomoka
Refuse but the Contract was set up by Mr. Rogers. There was no
consideration given for that letter. We have taken the stand
that this is not a legally enforceable document and it would be
up to a judge to rule on this, This was a modification of the
contract without any consideration. The Contract specifically
states there will not be any decrease in compensation based
on unoccupied spaces. It was his understanding that this money
has been held in escrow. However, it has nothing to do with
whether or not Tomoka is performing properly under the Contract.
There are provisions in the Contract to penalize the Contractor
if he does not perform the required service.
Mr. Woods said that he believes Mr. Spielvogel is asking the
Council if there is any way that these differences can be worked
out, if not we will have to go to court.
Councilman Sikes asked Mr. Woods to direct a question to Tomoka
and ask if they can guarantee that we will have two trucks in
operation.
Mr. Woods said that Mr. Abney isn't here tonight.
Mr. Rogers said that he did not believe that the contract called
for two trucks only that there be a truck in reserve in case of
breakdowns.
The Mayor checked the Contract. The Contract does not specifically
say that two trucks must be used. It does say that all equipment
should be in good working condition.
Mr. Spielvogel called attention to a letter he had written to
Mr. Woods on October 25, 1978. He quoted the next to the last
paragraph as follows:
III am not unmindful of the other point raised in your letter of
September 13, namely, that it was now the City's position that
my client did not have the 1I...required number of vehicles operating
in the City pursuant to the contract." My client has, since the
inception of this contract, worked with one crew for its refuse
pick-up in the City. This one crew has always proved adequate
except for the two instances in which a route was not complet~d
within the week's time, and considering the period of time that
has elapsed since the inception of this contract, I don't consider
that to be indicative of a trend. Section 6 of the contract, which
deals with Equipment, requires that the Contractor II.. .provide
sufficient equipment in a proper operating condition so that regular
s c he d u 1 e san d r 0 uOs 0 f co II e c t ion c an be m a a a i n e d . II I s u g g est
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that my client has been in compliance with that prOV1Slon, except
for the two isolated instances, in each of which case the City
has imposed its damages of $500.00 per occurrence. II The other
question about titles to the vehicles, he remembers drawing up
an agreement that if the City takes over the equipment, under
the contract, there is some responsibility to assume whatever lien
there is.
Mayor Christy quoted from the contract that all equipment must
be new or first class and any replacements must also be approved
by the Councilor their designee.
Mr. Spielvogel quoted from the Contract Section 5.04 lithe Contractor
shall formally assign to the City full and complete title to all
equipment used by the Contractor in the performance of this Contract,
as additional security, for the faithful performance of this Contract
and each of its provisions subject however to any outstanding
indebtedness against any equipment, which indebtedness the Contractor
will continue to pay during the term of this contract. By the
signing and acceptance of this contract, the Contractor does hereby,
by these presents, fully and completely sell, transfer and assign
his right, title and equity in and to all of such equipment to the
City, for the purpose herein expressed. II Your, Attorney will advise
you that equity being that which we have in ownership over and
above liens. We worked out a three way agreement at the beginning
with the bank, where the bank recognized the right of the City to
assume control of the equipment should a dispute arise or should
we abandon the Contract. There is nowhere in the Contract that states
the equipment be free and clear.1I
Mr. Woods said that we can get into technicalities all night but
it still boils down to the service to the City. Can we continue
to maintain a relationship together? If we can't then we might
as well forget it.
Councilman Asting said that it is his oplnlon that the service
has steadily deteriorated this past year except for periods where
apparently a lot of complaints were made to Tomoka. It would
sometime improve for a brief period but then we were back with the
same poor service.
Mr. Spielvogel said that maybe when things were good it would have
been a good time for the City to make a gesture and return the
money that has been held in escrow.
Mayor Christy said that he believed Mr. Spielvogel was present
at the meeting where they discussed holding the money in escrow
for a specified period of time and if the service improved the
money could be released.
Mr. Spielvogel said the City suggested leaving the money in for
another 90 days.
Mayor Christy said he understood they were going along with that
if the service improved and it did improve for a short period of
time and then started sliding back again.
Mr. Spielvogel said that he would like to resolve all the differences
here, if possible, but the City has to recognize that they have
to give some too. He cited possible cases where a truck could break
down or a worker could be injured when there was only a small
amount of the route left to be picked up. He would like to think
that the Chief, as designee, would have the discretion not to fine
Tomoka the full $500. just because the Contract said so. He should be able
to make a decision independently of the Council members. He
~hould be able to make that judgement without any pressure from
the Council. We shouldn1t be playing Russian roulette at sundown
even if we are only a block away from finishing the job we can
lose $500.00.
Chief Baugh said that numerous times he has asked Mr. Abney to call
him if there is a breakdown. In most cases, he is never notified
when there is a truck breakdown and he does not have any information
to give the citiQ when they call. 0
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Mr. Woods said that Chief Baugh is the man that is the desi~nee
,of the Council. He is the referee and arbiter and the one who
should say whether or not the performance is satisfactory. I
agree that there should be no undue pressures from the City Council
or anybody in the City trying to tell him how to do his job. He
would like to suggest that we should allow the Contractor to
proceed for a period of 30 days and during this time, Mr. Baugh,
on a day to day basis/would make observations on the quality of
the service and correct these defects that we specifi~d in that
letter. If it can't be improved after 30 days, he believ~s pursuant
,to Mr. Spielvogel's letter that the City and the Contractor should
"divorce" each other.
Mr. Spielvogel said that he would like to try and make this contract
work but he has problems on his side. Whatever influence he might
have on his client he would try to bring to bear. However, we
still have the problem of the holdback on trailer lots and we have
these $500.00 assessments and frankly he feels that they should
be resolved too. He would like the City to show a degree of good
faith and return the money held in escrow. Then we would have to
address ourselves to this $500.00 penalty. We would have to look
at the language of the route. If we miss one~eighth of the route
do we forfeit the whole $500.00 or one-eighth of $500.00? Maybe
this is not a good place to work these problems out. It might be
better to get together with the Police Chief, the City Attorney
and a Council member (so as not to violate the sunshine law) and
try to work this out some way that will last more than a few weeks.
However we need some concessions from the City.
Councilman Asting said he would like to respond to Mr. Woods's
suggestion. The relations between Tomoka and the people of Edgewater
are pretty bad and it is doubtful that they can be amended.
Mr. Woods said that the 30 day period was to give everyone some
time to try and improve the service and hopefully to resolve once
and for all this trailer holdback. The Council has, at past
meetings, represented that if the quality of service improved the
money would be returned to Tomoka.
Councilman Asting asked Mr. Woods if he was proposing that at the
end of the 30 day period, if the service was satisfactory we would
continue the Contract?
Mr. Woods said that he assumed if the service improved we would
want to continue the Contract.
Councilman Sikes said that we know it will be costly for the City
to get into the garbage business.
Mr. Woods said that it was up to the Council to make a decision but
he recommended a 30 day period.
Councilman Sikes asked if Tomoka was in a position to resume the
garbage pickup tomorrow?
Mr. Spielvogel said that he would have to consult with his client.
He would need a little time to review this. The City is proposing
we go into a 30 day period and there has been no mention of any other
considerations. If you want Tomoka to run the routes for 30 days
and see what happens just like we did before, there would be some
difficulties. He feels there have been certain breaches on the part
of the City and Tomoka would not want to waive any rights they
might have at this time. Would the City be willing to make any
concessions.
Councilman Sikes said that this was strictly a service Contract.
You are providing us with a,service and we are not satisfied with
that service. All these other things lead up to the furnishing of
the service. If he were to make a motion that we were to place this
into a 30 day holding situation and at the end of that time, the
Council were to see that things had improved and knew that these other
things would be w~ked out towards giving us~tter service, if that
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had no effect on our service then it would put us right back to
where we are this evening. Tomoka has got to provide us with
good service.
There was more discussion about the poor service the City has
received.
Mr. Spielvogel said that he believed if you questioned twenty
different people you would get twenty different standards of what
is or is not reasonable for service. This is a difficult business
in which to satisfy all the customers.
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Councilman Sikes said that the Tomoka employees are not loyal
to their company. There have been instances where individual
Tomoka employees have made extra pickups of trash and building
materials and pocketed the money themselves. It is difficult
to get good service from that kind of an employee.
There were more complaints from the Council members on the
type of employees that have been working for Tomoka.
Councilman Sikes made a motion that we place the garbage Contract
with Tomoka on a moratorium for thirty (30) days, provided that
we have a response by 4:30 P.M. Friday, January 5. At such time,
the contact will be made through Chief Baugh,- our City Attorney
and Councilman Ledbetter as Coordinator of Street Dept. At the
end of the thirty days, they will report back as to whether we
are to continue the Contract or annul the Contract, jf we do
not hear from them on Friday! In the meantime we will be picking
up garbage ourselves. We will have to negotiate the cost of
our pickup up the garbage.
Councilman Rotundo said he would second the motion for questioning.
He added that we still have to pay our men for picking up the garbage.
Councilman Sikes said that would be an expense that would have to
be taken into consideration. We have picked up all this week so
that one-fifth of what the charges would be for the month we would
withhold. He didn't want to jeo~ardize the position of the City
but if we were to charge the expense of collecting or one-fourth
of whatever the one week would be of the total contract would that
in anyway put us in a serious position?
Mr. Woods said we are already in a serious position and that was
the reason for this meeting.
Councilman Ledbetter said that as Coordinator of Street Dept. he
didn't feel as if he wanted to get tangled up in negotiations with
Tomoka. The service is not going to improve1 it hasn't improved
in twenty-two months. If there is any negotiating to be done, he
does not want to be involved.
Councilman Sikes said we would have to amend the motion, if it
goes through, we will have to leave the negotiations up to some
other Councilman. We have some preliminary figures on the cost
to the City to go into the garbage business but we don't know the
projected costs. He has not seen any figures that show this will
be a cheap operation. If we get into a law suit, we will all be
losers. It is true that we are not getting the service we should
but hopefully given the opportunity to correct this in thirty days
maybe we will want to continue on with the Contract. If the
situation has not improved, we won't be in any worse situation than
we are now.
Councilman Asting said that suppose it does improve during the
thirty day period and then starts to deteriorate. What do we do ?
Tomoka has been given ample opportunity to perform the service we
expect and the Council has discussed this many times before.
There were comments from the audience concerning the service of
the Tomoka company.
Upon roll call t!Omotion DID NOT CARRY. ThO/ate was 4-1. Councilman
Sikes voted YES.
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Councilman Rotundo asked if Tomoka was willing to get out of the
Contract?
Mr. Spielvogel said that Tomoka was willing to talk about this
possibility.
Mr. !.<Ioads asked if they were willing to "divorce" the City without
further legal action?
Mr. Spielvogel said that if the City is willing that we go our
separate ways, he would have to get together with the City Attorney
to discuss certain items such as the bond, the holdback on trailer
spaces and other items that should be discussed between the
attorneys. He came here tonight to discuss what we could do to
reconcile the differences. If we can't reconcile then we should
get together and work out the details to present to our respective
clients.
Mr. Woods said that he would like the designee to assist both of
the attorneys.
Mr. Spielvogel said that ~.~eaking in principle, Tomoka is agreeable
to working out a mutual cancellation of the Contract with the City.
Mr. Woods said that he would like to meet with Mr. Spielvogel by
Friday. He would present the results of this meeting immediately
to the Council and possibly ask the Mayor to call another Special
Meeting.
Councilman Rotundo said that as of now we are not paying Tomoka
anything so there is no point in fining anybody, The monies that
we would have paid them we will use to collect the garbage.
Mayor Christy called a brief recess.
The Special Meeting continued.
Mayor Christy said that he has given the Council figures on
the cost of getting rid of the garbage. It varies from $2.00jyd.
to $3.00jyd. He said there was a possibility of getting a
temporary permit for our sanitary landfill. He has been in contact
with the DER and they have told him that the City engineers will
have to fill out an application.
Councilman Ledbetter made a motion that the Council authorize
Briley, Wild to make an application for the use of our sanitary
landfill. Councilman Asting seconded the motion.
The Council discussed the equipment needed, if we used the landfill.
They also discussed the nearby homes and the problems of water
in the landfill.
Mayor Christy said that we could also get a contract with Triangle
for the compaction and hauling of the garbage. It would have to
be a two year contract and Triangle will do this for $2.30jyd
unless the Tomoka landfill goes up on their prices. We can also
take some of our garbage to Oak Hill for $2.00jyd. but we are
limited to the amount we can take there.
Councilman Ledbetter withdrew his motion. Councilman Asting
withdrew his second.
~The ~ouncil discussed a possible contract with Triangle. Mr.
Osban is willing to buy extra equipment to take care of the
City's garbage.
Councilman Asting asked what the City planned to do about items
like refrigerators, furniture, etc.
Councilman Ledbetter said they would be taken to the City garage
and we know of someone who will haul them away free of charge.
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Councilman Asting said that the customer could phone the City Barn
and say, for example, that they have an old refrigerator they
would like picked up. The City could use one of the smaller trucks
and charge the customer $5.00.
Councilman Sikes said that we should continue our once a year
Spring cleanup for the residents of the City.
Mayor Christy said we can dispose of leaves, etc. with our shredder.
We also have the problem of dumpsters. The City does not have
the equipment to pick these up. Triangle cannot pick up the
dumpsters owned by Tomoka. Those people who have dumpsters will
have to make a separate contract with Triangle. In the meantime,
the City will attempt to clean out these dumpsters but it is a
difficult job.
Councilman Sikes made a motion that upon termination of our Contract
with Tomoka the Council should authorize the City Attorney to
enter into a two year contract with Triangle Service for disposing
of our garbage at $2.30jyd. This contract would be subject to
renegotiation if there is an increase in rates at the Tomoka Landfill.
Councilman Ledbetter seconded the motion. Upon roll call the motion
CARRIED 5-0.
Mayor Christy said that we also had an agreement from Oak Hill
which would allow us to dispose of some of our garbage at the land-
fill there.
Councilman Ledbetter made a motion that the Council sign the agreement
with Oak Hill for $2.00jcu. yd. for a period of five weeks or a
maximum dumping of 400 cu. yards. Councilman Rotundo seconded the
motion. Upon roll call the motion CARRIED 5-0.
Councilman Asting made a motion that we enter into an agreement
with Port Orange for the temporary disposal of garbage. Councilman
Ledbetter seconded the motion.
Mayor Christy said that Port Orange had not requested any written
agreement.
Councilman Asting amended his motion that the City would have a
verbal agreement with Port Orange, at a rate of $2.00jcu. yd.
Councilman Ledbetter seconded the amendment. Upon roll call the
motion, as amended, CARRIED 5-0.
Councilman Ledbetter said that one of the trucks needed some work
done on the hydraulic pump.
Councilman Asting made a motion that the Council authorize the
Street Dept. to make the necessary reparis to Truck #14. Councilman
Ledbetter seconded the motion. Upon roll call the motion CARRIED
5-0.
Mayor Christy called the Council's attention to a list of delinquent
charges for garbage collection.
The Council agreed to turn this matter over to the City Attorney.
He will send a letter to each of these delinquent accounts stating
that the City is now collecting the garbage and that these accounts
must be brought up to date or the City will sue for collection of
the monies owed on these accounts.
The City Clerk was authorized to notify Caton Insurance of the
fact that the garbage trucks were in operation and to bring any
changes in the liability up to date. The City Clerk will also
notify the Workmen's Compansation Insurance Fund concerning the
employees that will be working on the garbage and trash collection.
The Council also agreed that the garbage trucks should be furnished
with radios. The radios are available and no purchase is necessary.
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Councilman Rotundo made a motion that the Special Meeting be
adjourned, Councilman Ledbetter seconded the motion. The
Special Meeting was adjourned,
Minutes Submitted by:
Nancy Blazi
ATTEST:
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Approved thi s 15' day of
January, 1979,
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