HomeMy WebLinkAbout05131998 City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 n FAX (561) 589-5570
SEBASTIAN CITY COUNCIL
AGENDA
REGULAR MEETING
WEDNESDAY, MAY 15, 1998 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL AGENDA ITEMS'MAY BE iNSPECTED IN THE OFFICE OF THE CITY CLERK
- 1225 MAIN STREET, SEBASTIAN, FLORIDA
Individuals shall address the City Council with respect to agenda items immediately prior to deliberation of the
item by the City Council- Hmit often minutes per speaker (R-97-21)
2.
3.
4.
5.
98.105A
98.106A
CALL TO ORDER
PLEDGE OF ALLEGIANCE
INVOCATION - Police Chaplain Frank Camillo
ROLL CALL
AGENDAMODIFICATIONS (ADDITIONS AND/O_R_DELETIONS)
Items not on the written agenda may be added only upon majority vote of City Council members (R-97-21)
PROCLAMATIONS, ANNOUNCEMENTS AND/OR PRESENTATIONS
A. Presentation of Plaque to Mack May - Code Enforcement Board
B. Presentation by Keep Indian River County Beautiful Tree Committee
7. CITY ATTORNEY MATTERS
98.107
98.088
98.103
98.105B
e
Ao
Proposed False Alarm Ordinance (Proposed Ordinance, City Attorney Memo w/Attachment
Previously Distributed)
CITY MANAGER MATTERS
City Manager Report on Resolution No. R-98-15 - Collier Club Estates Preliminary Development
Plan for Phase I - Condition 9 and Agreement (City Manager Transmittal 5/7/98, R-98-15, Mechling
Agreement)
CONSENT AGENDA
All items on the consent agenda are considered to be routine and will be enacted by one motion.
There will be no separate discussion of consent agenda items unless a member of City Council So requests;
in which event, the item will be removed and acted upon separately.
Ao
Approval of Minutes - 4/15/98 Special Meeting, 4/22/98 Regular Meeting, 4/29/98 Special Meeting
and Public Forum, 5/6/98 Special Meeting
Authorize City Execution of Extension to Florida Cormnunities Trust Conceptual Approval
Agreement, Grant Award Agreement, and Grant Award Calculation Statement for Cost-Share
Reimbursement - County Acquisition of the "St. Sebastian PUD" Property (City Manager
Transmittal, DeBlois Memo 4/28/98, Agreements)
Co
Approve Planting of Trees at Sebastian Community Center by Keep Indian P, Jver County Beautiful
(City Manager Transmittal 5/6/98, Tree Board Memos 3/19/98 & 4/8/98, CM Memo 4/22/98)
D
Accept Resignation of Mack May from Subcontractor Regular Member Position on Code
Enforcement Board (City Clerk Transmittal 4/27/98, May Letter)
2
98.085
98.093
98.095
98.108
98.109
10.
11.
12.
13.
14.
PUBLIC Itl~ARINGS
Procedures for public hearings: (R-9 7-21)
· Mayor Opens Hearing
· Attorney Reads Ordinance or Resolution
· StaffPresentation
° Public Input - Limit oflO Minutes Per Spealcer
· Staff Summation
° Mayor Closes Hearing
° Council Action
Anyone Wishing to Speak is Asked to Sign Up Prior to the Meeting, When Called go to the Podium and
State His/Her Name for the Record
ho
Ordinance No. O-98-01~ - Recreational Advisory Board - Second Reading ~d Final Adoption (City
M~0ge. r Transmittal 5/5/98. O-98-08)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AME.NDINO CHAPTER
TWO, ARTICLE VI "BOARDS, COMMISSIONS, COMMITTEES" OF THE CODE OF ORDINANCES OF THE CITY
OF SEBASTIAN; CREATINO A NEW DIVISION 3 ENTITLED "SEBASTIAN RECREATIONAL ADViSORY BOARD";
PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CODWICATION; AND PROVIDING FOR AN Eb'lZECTIVE
DATE.
Public Hearing on Request for Six Month Extension on Community Block Grant Contract (City
Manager Transmittal 5/6/98, Johnson Letter 5/7/98, DCA Letter 1/13/98)
I2qTRODUCT!ON QE NEW BUSINESS ¥1ROM THE PUBLIC
Which is not otherwise on the agenda - sign-up required - limit often minutes for each speaker
COMMiTTeE REPORTS/RECOMMI~NDATIONS
A. Tree Advisory B0~r4
Interview and Appoint One Regular Member with Term to Expire 4/2000 (City Clerk
Transmittal 5/7/98, Applications, Ad, Board List)
OLD BUSI~I~S - None
bIEW BUSINI~$.$
Ao
Request for Proposal for Residential Solid Waste Collection Services and Proposed Agreement (City
Manager Transmittal 5/6/98, Asst. to City Manager Transmittal 5/1/98, Proposed RFP and Proposed
Agreement)
Bo
Review and Direction Concerning Proposal for Indian River County Sheriff's Office to Provide
Dispatching Services for City of Sebastian (City Manager Transmittal 5/6/98, City Manager Memo
5/6/98, Chief's Report)
~8.110
First Reading of Ordinance No. 0-98-05 - Board Procedures Amendment - Set Second Reading,
Public Hearing and Final Adoption for June 10, 1998 (City Attorney Transmittal 5/7/98, 0-98-05)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 2-167
AND 2-171 OF TIIE CITY OF SEBASTIAN CODE OF ORDINANCES RELATING TO APPOINTMENT TO CITY
BOARDS, COMMISSIONS AND COMMITTEES; PROVIDING THAI QUALII:ICATION AS A CANDIDATE FOR
POLITICAL OFFICE SHALL BE DEEMED A TENDER OF RESIGNATION; DELETING COMMITTEES FROM TERM
LIMITATIONS; PROVIDING FOR CODIlZlCATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR
RESOLUTION OF CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE.
15. CITY COUNCIL MATTERS
Mr. Chuck Neuberger
Mr. Larry Paul
Mayor Ruth Sullivan
Vice Mayor Martha Wininger
Mrs. Louise Cartwright
16.
ADJOURN (All meetings shall adjourn at lO:30 p. m. unless extended for up to one half hour by a
majority vote of City Council)
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITtt RESPECT TO ANY MATTER
CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF TIIE PROCEEDINGS AND MAY NEED TO
ENSU~ THAT A VERBATIM RECORD OF THE PROCEEDINGS 1S MADE, WHICH RECORD INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH TItE APPEAL IS 10 BE HEARD. (286.0105 F.S.)
ON COMPLIANCE WITH THE AMERICANS' WITH DISABILITIES ACT (ADA). ANYONE WttO NEEDS A SPECIAL
ACCOM31ODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48
HOURS IN ADVANCE OF THIS MEETING.
Hearing Assistance Headphones are Available in the Council Chambers for all Government Meetings.
Upcoming Meeting~:
Regular Meeting - Wednesday, May 27, 1998 ~ 7pm
Regular Meeting - Wednesday, dune 10, 1998 ~ 7pm
Regular Meeting - Wednesday, dune 24, 1998 ~ 7pm
4
98.085
87.92
PUBLIC HEARING SIGN-UP SHEET
MAY 13, 1998 REGULAR MEETING
Ordinance No. O-98-08 - Recreational Adviso~ [39~r~- $~ond R~ading and Final Adoption (City
Manager Transmittal 5/5/98.0-98-08)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING
CHAPTER TWO, ARTICLE VI "BOARDS, COMMISSIONS, COMMITTEES" OF THE CODE OF
ORDIlqANCES OF THE CITY OF SEBASTIAN; CREATING A NEW DIVISION 3 ENTITLED "SEBASTIAlq
RECREATIONAL ADVISORY BOARD"; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDIlqG FOR
CODWiCATION; AND PROVIDING FOR AN EFFECTIVE DATE.
Address
...........................
N~e
oAddress
Address
Name
Address
Nallle
Address
98.093 B.
PUBLIC HEARING SIGN-UP SHEET
MAY 13, 1998 REGULAR MEETING
Public Heating on Request for Six Month Extension on
Community Block Grant Contract
Name
Address
Nanle
Address
Name
Address
Name
Address
Ns/~e
Address
INTRODUCTION OF NEW BUSINESS
FROM THE PUBLIC
SIGN-UP SHEET
MAY 13, 1998 REGULAR MEETING
USE THIS FORM ONLY FOR INTRODUCTION OF NEW BUSINESS NOT OTHERWISE ON THE
PREPARED AGENDA - LIMIT OF 10 MIN~ES PER SPEAKER
Name: ~
Address: /6, lc./
Subject: -- ~IC-A)
Name:
Address:
Subject:
Address:
Subject:
Address:
Subject:
Name:
Address:
Subject: ~.~
Name:
Address:
Subject:
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 [] FAX (561) 589-5570
SEBASTIAN CITY COUNCIL
MINUTES
REGULAR MEETING
WEDNESDAY, MAY 13, 1998 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
2.
3.
4.
Mayor Sullivan called the Regular Meeting to order at 7:00 p.m.
The Pledge of Allegiance was recited.
Invocation was given by Police Chaplain Frank Camillo.
ROLL CALL
gJty {~9~cJl Pr~ent;
Mayor Ruth Sullivan
Vice Mayor Martha Wininger
Mr. Chuck Ncubcrger
Mr. Larry Paul
City Cotmcil_,~nt:
Mrs. Louise Cartwright (excused)
City Manager, Thomas Frame
City Attorney, Valerie Settles
City Clerk, Kathryn O'Halloran
Chief of Police, Randy White
Deputy City Clerk, Sally Maio
,iegular City Council Meeting
ay 13, 1998
Page Two
98.105A
98.106A
98.107
AGENDA MODIFICATIONS (ADDITIQNS.AND/OR DELETIONS)
Items not on the written agenda may be added only upon majority vote of City Council members (R-97-21)
The City Manager requested addition of an item regarding a Cub Scout request for use of Riverview Park for
a cross over ceremony on May 21, 1998 at 6:30 p.m. with use of electricity as New Business item 14D.
MOTION by Paul/Neuberger
I move to make the agenda item 14D for the Cub Scout pack request.
VOICE VOTE on the motion carried 4-0.
PROCLAMATIQI~$, ANNOUNCEMENTS AND/OR PRESENTATIONS
A. Presentation of Plaque to Mgcl~ M~ - Code Enforcement Board
Mayor Sullivan presented a plaque to Mack May.
B. Presentation ]~y~g hadian River County Beautiful Tree Commjtt~
No one from the committee was present.
CITY ATTORNEY MATTERS
At
Proposed Fal~ ,~larm Ordinance (Proposed Ordinance~ {2ity Attorney Memo w/Attachment
Previously Distributed)
The City Attoruey said she would like to set up a short workshop to enable time for review by
Council and the Chief of Police. The Chief said there is a seven minute video presentation. Mr. Paul
said he could not be at a workshop prior to 7 p.m., therefore, the City Manager said he could place
this item on the June 10, 1998 regular meeting agenda and try to keep the rest of the agenda light.
The City Attorney distributed a draft resolution including language regarding disruptive persons into
the current procedures for Council review and direction; and said she will be inserting language
relative to skateboarding into a draft park ordinance that was to come back to Council.
2
legular City Council Meeting
ay 13, 1998
Page Three
8. CITY MAN~GI~R MATTERS
98.088 A.
98.106B
98.105B
CitY Manager Report on Resolution No. I~.-98-! 5 - Collier Club Estates Preliminary Development
Plan for Phase I - Cot!clifton ~ md Agreement (City Manager Transmittal 5/7/98. R-98-15.34~¢hliag
A greeme.0.L]
The City Manager explained that condition 9 of the resolution did not fully state the applicant's
intent to provide a temporary emergency access until such time as another emergency access is
opened in a later phase, and said that a letter agreement had been signed by applicant, Chuck
Mechling, and will be attached to the resolution.
e
CONSENT AGF.,.NDA
All items on the consent agenda are considered to be routine and will be enacted by one motion.
There will be no separate discussion of consent agenda items unless a member of City Council so requests;
in which event, the item will be removed and acted upon separately.
Approval of Minutes - 4/15/98 Special Meeting, 4/22/98 Regular Meeting, 4/29/98 Special Meeting
and Public Forum, 5/6/98 Special Meeting
Authorize City Execution of Extension to Florida Communities Trust Conceptual Approval
Agreement, Grant Award Agreement, and Grant Award Calculation Statement for Cost-Share
Reimbursement - County Acquisition of the "St. Sebastian PUD" Property (City Manager
Transmittal, DeBlois Memo 4/28/98, Agreements)
Approve Planting of Trees at Sebastian Community Center by Keep Indian River County Beautiful
(City Manager Transmittal 5/6/98, Tree Board Memos 3/19/98 & 4/8/98, CM Memo 4/22/98)
Accept Resignation of Mack May from Subcontractor Regular Member Position on Code
Enforcement Board (City Clerk Transmittal 4/27/98, May Letter)
The City Manager read the consent agenda.
Mrs. Wininger removed items A and C.
MOTION by Paul/Neuberger
I move that we accept the consent agenda items B and D.
VOICE VOTE on the motion carried 4-0.
1egular City Council Meeting
ay 13, 1998
Page Four
Item A
Vice Mayor Wininger requested addition to the April 29, 1998 minutes as follows: Page 2,
Paragraph 2, add a sentence, "The market value detemination was based on information received
from the County Property Appraiser's office."
Mayol_~liyan said Vice Mayor W_irtinger had moved to amend the r0iralt~, and she then seconded
the motion.
ROLLCALL:
Mr. Paul - aye
Mrs. Sullivan - aye
Mrs. Wininger - aye
Mrs. Cartwright - absent
Mr. Neuberger - aye
MOTION CARRIED 4-0
Mayor Sullivan requested addition to the April 29, 1998 minutes as follows: Page 7, Wally Kramer's
statement - end last sentence with "for sale in Roseland. He recommended Indian River County and
Brevard County be contacted for possible purchase and development."
MOTION by Sullivan/Neuberger
I would move that that amendment to the minutes be made.
ROLLCALL:
Mrs. Sullivan - aye
Mrs. Wininger - aye
Mrs. Cartwright - absent
Mr. Neuberger - aye
Mr. Paul - aye
MOTION CARRIED 4-0
MOTION by Wininger/Paul
I move that we approve consent agenda item A.
VOICE VOTE on the motion carried 4-0.
Item C
Vice Mayor Wininger asked what types of trees are being considered for planting and in what
location. The City Manager said there was conversation with Pat Harris of Keep Indian River
Beautiful after publishing of the agenda and some confusion as to exactly what type of program they
were proposing. He said it appears they may have been requesting a number of sites, but when he
received the recommendation from the Tree Board it came with a recommendation for the
Community Center. He assured that the City would oversee the planting.
4
te~lar City Council Meeting
ay 13, 1998
Page Five
98.085
10.
MOTION by Wininger/Sullivan
I move to approve item C on the consent agenda.
Carolyn Corem, 881 Dolores Street, Sebastian, suggested a resolution be passed designating what
type of trees can be planted on city property, and recommended that tree advisory board technical
advisors be used.
VOICE VOTE on the motion carried 4-0.
Mayor Sullivan clarified that sign-up sheets are required only for Public Hearings and Introduction
of New Business from the Public.
PUBLIC HEARINGS
Ordinanc~ NO, Q-98-08 - Recreational Advisgry [39arcl. - Second Reading and Final Adoptj_O_0
Maoagcr Transnfittal 5/5/98, O-98-08)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDINO CHAPTER
TWO, ARIICLE VI "BOARDS, COMMISSIONS, COMMITTEES" OF THE CODE OF ORDINANCES OF THE CITY
OF SEBASTIAN; CREATING A NEW DIVISION 3 ENTITLED "SEBASTIAN RECREATIONAL ADVISORY BOARD";
PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH;
PROVDINO FOR SEVERABILITY; PROVIDIN(} FOR CODIFICAIION; AND PROVIDING FOR AN EFFECTIVE
DATE.
Mayor Sullivan opened the public hearing at 7:35 p.m., and the City Attorney read Ordinance No.
0-98-08 by title. Being no public input, Mayor Sullivan closed the hearing.
MOTION by Neuberger/Paul
I move to approve Ordinance 98-08.
ROLL CALL: Mr. Neuberger - aye
Mr. Paul - aye
Mrs. Sullivan - aye
Mrs. Wininger - aye
Mrs. Cartwdght - absent
MOTION CARRIED 4-0
5
pRegular City Council Meeting
ay 13, 1998
age Six '
98.093 B.
11.
Publii: I'Ieafing on Request for Six Molltll Extension on Community Block Grant Contract (City
Manager Transmittal 516198, Jghnson Letter 5/7/98, DCA Letter ][/1 ~/98)
The City Manager explained the need for extension of the July 23, 1998 deadline due to a possible
delay in the Cavcorp property improvement until after the 4th of July. He said the purpose of the
heating is to take public input and to direct staff to proceed with the application on the extension. He
also said that Citizens Advisory Task Force will meet next week to review the budget modification
and Council will meet once again to approve it.
Mayor Sullivan closed the hearing.
MOTION by Neuberger/Sullivan
I make a motion to approve the request for the six month extension on the Community Block
Grant.
The City Manager said he had spoken to Rick Stouts of Department of Community Affairs who
indicated that the city must show progress on the grant, and in light of the fact that Ranger had
agreed to the bid, the City can show it is progressing.
ROLL CALL:
Mr. Paul - aye
Mrs. Sullivan - aye
Mrs. Wininger - aye
Mrs. Cartwright - absent
Mr. Neuberger - aye
MOTION CARRIED 4-0
INTRODUCTION OF NEW BIJ$1NESS FROM THE PUBLIC
Which is not otherwise on the agenda - sign-up required - limit often minutes for each speaker
Robert Victor, Jr., 126 Nebraska Circle, Sebastian, oumer of a business at 1624 North Central Avenue,
requested that his sign be moved to 1614 U.S. 1, stating it had been turned down by the Building Department.
Mayor Sullivan suggested he meet with the City Manager on the matter.
Fred Wininger, 106 Thunderbird Drive, Sebastian, said Wave Street was opened to two way traffic six weeks
ago, and that still no blind driveway signs had been installed as directed by Council, nor had the vacant
property been cut. The City Manager said a letter had been sent to the property owner; and said the blind
driveway signs could not be put up without taking other signs down.
Mr. Wininger said the church on his street had put up a sign that is obstructing the view of Schumann Drive,
he had asked the city to have them take it down and had no response as yet, and that he would hold the City
responsible if there is an accident.
egularCityCouncilMeeting
ay13,1998
Page Seven
Jack Burklew, spoke in support of Mr. Victor's sign request.
Don Smith, 208 Poinciana Street, Sebastian, said he had obtained the City Manager's evaluations, noting the
Mayor never turned in an evaluation. He then quoted from the Press Journal article on the former Community
Development Director's letter to Commission on Ethics regarding alleged charter violations; and said the
Council needs to get to the truth.
12. COMMITTEE REPQ!IT$/RECOMMENDATIONS
A. Tree Advisory Board
98.095 1. Interview and &l~poirlt One Regular Member with Term ~;O.F~pire 4/2000 (City Clerk
Transmittal 5/7/98, Application~. Ac[, Board List)
City Council interviewed Jane Barczyk, 609 Caravan Terrace, Sebastian; and
TAPE I - SIDE ii (7:47 p.m.)
Marlene Ulisky, 455 Joy Haven Drive, Sebastian.
MOTION by Paul/Wininger
I'd like to make a motion to select Marlene A. Ulisky for the member of the Tree Advisory
Board.
VOICE VOTE on the motion carried 4-0.
Mr. Paul asked Mrs. Barczyk to continue in her quest for other boards.
Harry Thomas, 654 Balboa Street, Sebastian, member of the citizen advisory committee to the
Metropolitan Planning Organization, reported on the meeting and objected to its recommendation to
reduce Indian River County impact fee districts from nine to three.
Mr. Paul congratulated Mrs. Ulisky.
Mr. Neuberger said MPO approved the next fiscal year's planning work program which included the
Fleming Street project study; but that they had not yet acted on the districting recommendation.
13. OLD BUSINESS
None.
iegular City Council Meeting
ay 13, 1998
Page Eight
Mayor Sullivan called recess at 7:55 p.m. and reconvened the meeting at 8:10 p.m. All members
present at roll call were present when the meeting reconvened.
14. NEW BUSINESS;
98.108
Request for Plrg.~Q~a! for Residential Solid Waste Collection Se_~i~:~ and Proposed Agreement (City
Manager Transmittal 5/6/98, Asst. to City Manager Transmjt~al,5/l/98, Proposed RFP and Proposed
Ag~eeme~k)
The City Manager outlined the proposed change as stated in his transmittal (see attached)' and asked
for guidance as to whether it wanted to incorporate these changes.
A lengthy discussion followed and the following changes were made to the RFP and agreement as
proposed:
In all locations - add "to the City of Sebastian" relative to payment of performance bond and
security fund
page 4 of RFP- typo "if' to "of'
page 7 of RFP - revise population to 15,000
in all locations change payment and performance bond to $70,000 and security fund to
$2,500
page 6 of Agreement - paragraph 4 - last sentence - add "be deemed to have obtained"
between shall and title
page 7 of Agreement - paragraph 5.5 - typo "spoilage" to "spillage"
page 14 of Agreement - paragraph 8.6 - suggestion to add language on how the city would
handle complaints
page 15 to 16 of Agreement - paragraph 8.8 - add "once in each of' between "and" and
"two"
page 25 of Agreement - delete "in the city" in middle of 2nd paragraph
TAPE II - SIDE II (8:46 p.m.)
page 29 of Agreement - paragraph 4 - change "allow" to "prevent"
See further changes below.
Ron Rigby, Capital Sanitation, requested to speak, however, the City Attorney advised that all
bidders have to be treated equally and potential bidders should not be allowed input on the content of
the bid; clarified that this is a draft RFP and that once it is out, bidders can then comment. She
advised Mr. Rigby that he could comment on his own current contract.
Mr. Rigby said he had concems about the process and submitted a paper with seven points to the
City Attorney. She approved the submittal and passed it on to the Council (see attached)
City Council Meeting
May 13, 1998
Page Nine
Carolyn Corum, 881 Dolores Street, Sebastian, suggested removing the requirement for bundling
yard trash; said a current trash truck had dropped transmission fluid on the road near her house; and
suggested that trucks be cleaner.
Vernon Reese, expressed concern for the stipulations being put in the RFP, such as new vehicles,
bonds, securities, which may prohibit small businesses from participating.
The City Manager explained that since the City is dealing with an exclusive franchise, the issue of
customer services was emphasized.
Harry Thomas, 654 Balboa Street, Sebastian, suggested that the cost of the trash pickup be placed in
advalorem taxes and made mandatory.
Jack Burklew, 801 Noah Street, Sebastian, said he had no complaints about the current service..
Louise Kautenberg, 973 Oswego Avenue, Sebastian, said the current service was doing a good job.
Don Smith, 208 Poinciana Street, Sebastian, suggested not goldplating the bidding process.
The City Attorney again advised people not to discuss any of the potential bidders.
The Chief of Police said illegally dumping is increasing in the City; and suggested that perhaps
mandatory pickup may be a good idea.
Discussion took place on the difference between a request for proposal and a sealed bid.
TAPE II - SIDE II (9:35 p.m.)
MOTION Wininger/
I will move to authorize the staff to proceed with initial soliciting of responses by advertising
the RFP.
The City Manager reiterated the substantive changes prior to the vote:
vehicles should not exceed ten years old during the course of the five year franchise
contractor to maintain office in city with a 24 hour emergency number
$2,500 security fund
$70,000 payment and performance bond
give cost a 50% value on rating form and adjust other factors
The City Attorney suggested deleting "newness" and leaving as "condition of the vehicle". Council
concurred.
Mrs. Sullivan seconded the motiou at this
9
1g~ar City Council Meeting
ay 13, 1998
Page Ten
ROLL CALL:
Mrs. Wininger
Mrs. Cartwright
Mr. Neuberger
Mr. Paul
Mrs. Sullivan
-absent
-aye
MOTION CARRIED 4-0
Mayor Sullivan called recess at 9:45 p.m. and reconvened the meeting at 9:55 p.m. All members
present at roll call were present when the meeting reconvened.
98.109
Review a_ml Direction Conc_crning Proposal for Indian River County Sheriff's Office I~ Provide
Dispatching S~r~ices for Citv of ~ebastian (City Man~,ger Transmitt~Ol 5/6/98, City Manager Memo
5/6/98. Chj~f's Report Pre~iQ[~ly DistributO)
The Chief of Police reiterated his report on the proposal for the Indian River County Sheriff's Office
to provide dispatching services, and explained duplication of current procedures, proposed
reassignment of personnel and cost savings.
Following a lengthy discussion and input from staff and Peter Socci, Midvale Terrace, Sebastian,
motion was made to extend the meeting.
MOTION by Wininger/Sullivan
I move to extend the meeting to 11 pm.
VOICE VOTE on the motion carried 4-0.
TAPE III - SIDE I (10:30 p.m.)
City Council discussion continued.
Following further input by Rick Hershberger, CWA President; Kathleen ??, 911 Supervisor for
Indian River County; and Gloria Brown, City of Sebastian dispatcher, motion was made.
MOTION by Wininger/Neuberger
I will move that we postpone this matter and make it thc first item on the agenda of the next
Council meeting so that we can finish our discussion.
VOICE VOTE on the motion carried 4-0.
Mayor Sullivan adjourned the Regular Meeting at 11:00 p.m.
10
Regular CityCouncilMeeting
13,1998
ge Eleven
98.110
98.111
15.
The following items were not addressed due to lack of time and will be carried to the May 27, 1998 meeting.
Fixst tt,c0ding of Ordinance No. O-98-05 - Bgtll:~.P. ro~d~¢$ Amendment - Set Second Reading,
Public Hearing and Final Adoption for June 10. 1998 i~City Attorney Transmittal 5/7/98, 0-98-05)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDINO SECTION 2-167
AND 2-171 OF THE CITY OF SEBASTIAN CODE OF ORDINANCES RELATINO TO APPOINTMENT TO CITY
BOARDS, COMMISSIONS AND COMMITTEES; PROVIDING THAT QUALIFICATION AS A CANDIDATE FOR
POLITICAL OFFICE SHALL BE DEEMED A TEND~ OF RESIGNATION; DELETING COMMITTEES FROM TERM
LIMITATIONS; PROVIDINO FOR CODIYlCATION; PROVIDING FOR SEVERABILITY; PROVIDINO FOR
RESOLUTION OF CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE.
D. Boy Scout's Use of Riverview Park for Crossover Ceremony on May 21, 1998
CITY COUNC_.[!,~ ~ATTERS
B.
C.
D.
E.
Mr. Chuck Neuberger
Mr. Larry Paul
Mayor Ruth Sullivan
Vice Mayor Martha Wininger
Mrs. Louise Cartwright
Approved at the ~ / O
City Clerk
,1998, Regular City Council Meeting.
Ruth Sullivan
Mayor
11
City of Sebastian, Florida
Subject: Request for Proposal (RFP) for
Residential Solid Waste Collection Services
and Proposed Residential Waste Collection
Services Agreement
Approygd for Submittal by: City Manager
Exhibits:
Agenda No. ¢~05-/[0~
Department Origin: City Manager
Date Submitted: May 6, 1998
For Agenda of: May 13, 1998
· Memorandum Dated May 1, 1998 from Paul. Wagner to City Manager
,, ProPosed Request for Proposal for solid waste collection
,, Proposed (Franchise) Agreement for Residential Solid Waste Collection Services
EXPENDITURE REQUIRED: I AMOUNT BUDGETED: APPROPRIATION REQUIRED:
rda I n/a fda
SUMMARY STATEMENT
Attached, I have enclosed a copy of two documents, the proposed Request for Proposal (RFP) for
Residential Solid Waste Collection Services and a proposed Residential Solid Waste Collection
Services Agreement. In addition to those two documents, I have also enclosed a copy of a
memorandum to me from Mr. Paul L. Wagner.
The Request for Proposal has been modified to address a number of issues that was felt in need
of change based on the experiences of the last three years.
The proposed agreement is the document granting a franchise to the successful proposer. It lays
out the specific franchise requirements. An additional document not attached is the Franchise
Ordinance. Other than name, it is identical to the Agreement. I did not include it for
conservation of paper, but should any Council Member desire a copy, I will provide a copy at
request.
The memorandum prepared by Mr. Wagner identifies major differences between the current
agreement and those proposed under this new agreement. While these differences are identified,
they are not the only changes; they are the substantive changes and others are minor in nature.
Feel free to contact Mr. Wagner if you are interested in the minor changes.
it is my intent to move forward with the Request for Proposal (RFP) in terms of soliciting
responses from providers. I am placing the RFP on the May 13th agenda of the Council with
intent of advertising for responses on May 16, 1998. A pre-submittal meeting would be held on
May 21, with May 27th set as a date for any addenda to the RFP before receiving sealed
proposals from responders.
Should the Council wish to have additional time for reviewing the proposed documents, May
20th is available if the Council wants to meet collective on the proposals. Any changes that
might occur as a result of such meeting could be presented at the pre-submittal to be held on
May 21 st. Written changes may be provided to the interested providers as an addendum on May
UP-FRONT COST BASED ON PROPOSED CHANGES
$ 300.00 THROUGH $500.00
$ 5,000.00
$ 5,500.00
$16,000.00
$ 6.000.00
BID GUARANTY BOND
CASH DEPOSIT
$250,000.00 PERFORMANCE BOND
PURCHASE OF TWO NEW VEHICLES
(DOWN PAYMENT)
PURCHASE INSURANCE OF $1,000,000.00
$32,000.00 TOTAL UP FRONT COST
ISSUE PAPER
CITY OF SEBASTIAN PROCUREMENT PROCESS
The purpose of this paper is to elevate concerns pertaining to the proposed changes in the
City of Sebastian .procurement of solid waste collection services. In the past several
procurement processes, the City of Sebastian has utilized a competitive bid process based
on low bid. The proposed Request for Proposal (RFP) has raised issues for which
clarification is needed. The changes proposed in the RFP appear to be severe and impose
a significant hardship on any interested small and minority business. Listed below are
the issues that need attention, as well as, some advantages and disadvantages associated
with those issues.
ISSUE I
REQUIREMENT OF $10,000.00 BID GUARANTY BOND
Based on the language contained in the proposed RFP, all potential vendors must
purchase a $10,000.00 bid bond in order to bid on this project or pay this amount in the
form of a cashier check to guarantee that bids will not be withdrawn.
Advantages
This process will allow the City of Sebastian to be compensated for the time and
effort lost during the review process should a vendor submit a bid and subsequently,
withdraw its bid during the evaluation process. Should a vendor withdraw its bid
during the evaluation process, the City of Sebastian would collect from the bond.
Vendors will be able to recoup the cash deposit if not the successful bidder.
Disadvantages
This process can effectively screen out as well as eliminate small and minority
businesses.
The money spent to purchase a bid bond is non refundable. A bid bond costs on an
average, from three to five percent of the face amount. Considering the required
$10,000 bond, it will cost a vendor in the range of $300.00 to $500.00 just to submit a
bid.
Fiscal Impact
· None to the City of Sebastian
cost of up to $500.00 to vendors.
Recommendations:
Provide clarification as to the basic for a bid guaranty is needed, particularly in view
of the fact that this was never a requirement in the past..
City Council not approve this request. It does not appear to be relative to improving
the quality of services nor helping the residents in the City of Sebastian to keep and
maintain lowest and best possible cost for quality services.
ISSUE II
ESTABLISHMENT OF A $5,000.00 CASH DEPOSIT
ESCROW ACCOUNT
It is our understanding that the City of Sebastian is recommending authority to impose
this provision for the purpose of addressing complaints and penalties. Additionally, it is
our further understanding that the City of Sebastian feels that a policy of this magnitude
will allow them direct access into this account to withdraw fimds in case of a complaint
or non compliance with the franchise agreement. The existing contract has language for
fining and penalizing vendor's for non conformity with the contract and penalties for lack
of service. The concem with the existing language is that the City of Sebastian does not
provide definitive procedures for evaluating a complaint or accessing a fine for non
conformity with the franchise agreement.
In order to effectuate a policy of this nature, it would be necessary to have information
such as:
1) the success rate of a policy of this magnitude;
2) how this process will curtail customer complaints, and
3) what data has been used to evaluate the effectiveness of a policy of this nature
In absence of this kind of information, it is difficult to determine the basis for establishing
a policy of this magnitude. A point that needs to be addressed prior to implementing a
policy of this nature is to request information through a case study in similar areas where
this requirement has been utilized, the length of time in operation, and the results.
A3ditionally, there is no provision concerning interest that may be accumulated from this
account.
Advantage
With clear and definitive policy and procedure, this may allow the City o£ Sebastian
direct access to account for fines and penalties.
2
Disadvantages
· Without written instructions pertaining to how this process will be implemented, the
City of Sebastian could find themselves in litigation with the vendor if polices and
procedures are unclear.
~, This process can be perceived as another vehicle to eliminate small and minority
business participation.
Fiscal Impact
City of Sebastian will cam approximately $5,000.00 in revenue should a vendor fail
to perform the service irt accordance with the franchise agreement.
· Require vendor to pay a cash deposit to the City in the amount of $5,000.00
· Cost of customer garbage collection will increase.
Recommendation
Provide clarification as to how this process will assist in minimizing complaints and
improving the quality of services.
issue III
REQUIREMENT OF $250,000.00 PERFORMANCE
BOND
This requirement is in the current contract. A performance and payment bond is designed
to protect the City of Sebastian in case a vendor fails to perform or is unable to deliver
services in accordance with the terms and conditions of the franchise agreement. There
are criteria that must be met in order to collect fi'om this bond. One of the most
significant criteria is providing the vendor reasonable time to correct any deficiencies
discovered with the vendor's inability to deliver the required services.
The current customer level is in the range of 2,000 to 2,500 depending on the time of year
being reviewed. A great majority of the customers leave in the summer months and
return in the winter months. The solid waste collection service is not mandatory and the
City has no funds tied into this process other than collecting franchise fee.
It appears that a performance bond should be based on a quarterly obligation not to
exceed $150,000.00. This cost is based on an estimated customer level of 3,000.00 at a
rate of $16.00 per month/per customer. This projection is higher than the average rate
charged for garbage collection services by most companies in the surrounding areas.
Advantage
Protects the City of Sebastian from any loss associated with the contractor inability to
perform the required services.
Disadvantages
A vendor will have to purchase a performance bond in the amount $250,000.00 which
will cost approximately $5,500.00.
Could be perceived as another vehicle to eliminate small and minority businesses by
imposing undue financial hardship and creating unnecessary policies and restrictions.
Cost associated with the purchasing of a performance bond will be passed on to the
customers, therefore resulting in higher cost to customers for collection of household
garbage.
Recommendation
Reduce the face amount of the performance bond requirement to no more than
$150,000.00.
ISSUE IV
REQUIREMENT THAT TRUCKS BE NEW AND PURCHASE
WITHIN TWO YEARS OF THE CONTRACT AWARD
The life expectancy of a garbage truck is ten years and more depending on a solid
maintenance program. A new 20-yard garbage track cost approximately $80,000.00 It
takes approximately two trucks to handle the customer level and finish within the allotted
time. The specifications require that each truck used in the collection of garbage must be
no less than two years old from the date of contract award.
We have contacted Trucks and Parts sale's office in Tampa regarding the purchasing of
garbage trucks. It is our understanding that they have available 1988 through 1990
models that have been reconditioned. It is our understanding that the reconditioned
trucks have rebuilt motor, transmissions, etc. Th6 purchase of two trucks in this range
should last at least five years with minimum mechanical breakdown serving a customers
level of 2,500 through $3,000.
Advantage
Minimize equipment breakdown in the collection of household garbage.
Large companies that have been established for years may not have a problem with
this requirement.
4
Disadvantages
· Could be perceived as another vehicle to eliminate small and minority businesses.
· Requires the purchasing or leasing of at least two garbage trucks in the range of
$80,000 to $125,000 00 depending on the trucks type and model.
· To purchase or lease new garbage trucks, the down payment for each tracks will be in
the range of at least $8,000.00. Two macks will be approximately $16,000.00.
· Added expenses of new garbage macks will be passed on to the customers with an
increase in the monthly rate.
Fiscal Impact
· A cost of approximately $16,000.00 up front to operate a customer level of 2,500.
° Customers will experience an increase in garbage collection rate.
Recommendation
° Require only that the truck be mechanical sound and in excellent work condition.
· Require City Official to check vehicles periodically ensure compliance for
mechanical soundness.
ISSUE V
ELIMINATE THE REQUIREMENT FOR LOCAL OFFICE
This requirement was incorporated into the existing contract to address the past concerns
customers expressed regarding the inability to visit the office to sign up for services,
discuss concerns they may have with the garbage services, and the inability to pay their
bill at a local established office. Over the last three years of services, approximately 45%
of the customers paid their bill at the office. Customers appreciate the opportunity to
visit the office and pay their garbage bill.
Advantages
Customers appreciate the availability and opportunity to pay their bill at the office.
Many customers would rather visit the office and discuss concerns they may have
relative to the garbage collection services.
Disadvantage
Some customers may complaint as to why a local office is not available.
Fiscal Impact
None
ISSUE VI
REQUIREMENT INCREASE GENERAL LIABILITY
INSURANCE LIMIT TO $1,000,000.00
Under the existing contract, the general liability insurance requirement for collection of
solid waste is $300,000.00. The RFP is proposing to raise this limit to one million
dollars. Based on the customer level and the size of the City of Sebastian, the one million
dollars in general liability seem excessive for the customer base. With an increase of this
magnitude, there is a need for clarification on this issue and why this cost has to be past
on to the customers resulting in higher garbage rate.
Advantage
Will protect the City of Sebastian in case of a law suit resulting in damage higher than the
current liability limit mount.
Disadvantages
· Could be perceived as another vehicle to eliminate small and minority business
participation.
· Additional cost of insurance will be passed on to the customers resulting in an
increase in the monthlY rate.
Fiscal Impact
· A cost of approximately $6,000.00 up-front to vendor to be passed on to customers
with increase in monthly rate.
· Customers will experience increase in garbage collection rate.
VIII USE OF A POINT SYSTEM FOR RATING PROPOSALS
Utilization of the RFP allows for a greater element of subjectivity through the point
system. Generally, categories that are addressed by respondents to the RFP are assigned
a specific weight factor. Based on the weighting of the categories, higher points can be
assigned to effectively shut out vendors that may not meet a certain predetermined
standard. The level of subjectivity allowed by the RFP does not afford all participants
with the luxury of having an equal playing field.
Advantage
Allows the City of Sebastian's selection to be based on points assessed rather than
cost-effective rates for customers.
Large companies with exceptional writing skills in RFP preparation will achieve
maximum points base on ability to write a proposal.
Disadvantages
· Removes the competitiveness fi.om the procurement process.
Points heavily weighted to vendors that have no problems in making the major
equipment purchases and pay-outs for the required bonds will allow the City's
selection to be based on other than competitive, cost-effective rates for the customers.
· Screen out and eliminates small and minority business participation.
Fiscal impact
° Effectively eliminates small and minority businesses fi'om participation due to
limitations put on up-front cash resources.
Recommendation
Eliminate the use of the point system for rating proposals. If a point system is to be
utilized, then at least 70 percent of the points assessed should be tied to the costs
associated with the proposed garbage collection services.
7