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Home My WebLink About11/02/2001 1225 Main Street [~ Sebastian~ Florida 32958 Telephone {561] 589-5330 0 Fax (561} 589-5570 City Council Information Letter November 2, 2001 Capital Sanitation Please be advised that City Attorney Rich Stringer, General Services Administrator Paul Wagner and myself hosted a conference telephone call earlier this week in my office with officials from Capital Sanitation, including both their legal and surety, company representatives in an effort to try to resolve numerous issues and problems associated with solid waste collection in our community. Our discussion primarily addressed the various issues as listed on the attached synopsis of potentially definable franchise violations. Arrangements have therefore been made to have representatives from Capital Sanitation to once again appear before you, this time during your November 14th meeting, to discuss various operational improvements, including purchases of new equipment, as well as to provide an update relative to office operations and overall customer service orientation. I realize that these actions and dialogue had transpired in the past. However, a critical difference in this case is that Capital Sanitation's surety company, XL Specialty Insurance Company (a/k/a Intercargo Insurance Company, Schaumburg, Illinois) has been updated and educated relative to these matters (pre requirements of the Franchise Agreement, whenever the prospect of termination arises). Accordingly, you and citizens will then have the opportunity to address respective questions and/or concerns. Skydive Sebastian Earlier this week, a second amicable discussion transpired with representatives from Skydive Sebastian of South Florida, Inc., in an effort to further address future recommendations regarding the Sebastian Municipal Airport (SMA) Parachute Landing Area, to be governed by the community's newly revised master plan. Before final recommendations in this regard are made available, further research and analysis remains necessary in order to City Council Information Letter November 2, 2001 Page 2 achieve the best possible outcome and position for SMA, all tenants and the surrounding community. Currently, a number of options exist. However, input from outside agencies such as the Federal Aviation Administration and the Florida Department of Transportation (FDOT) Aviation Section is highly imperative before solid recommendations can be delivered. As such, we will be meeting with respective agency officials in the coming weeks, with the goal of finalizing all logistics prior to your consideration of adopting the newly revised master plan, anticipated soon after the new year. Airport Bill Passes - Airline Relief Did Not You all may recall receiving a copy of Airport Manager Jason Milewski's letter to State Representative Stan Mayfield relative to concerns expressed about the proposed Airline Relief Bill. The Airline Relief Bill would have temporarily reduced and/or eliminated the aviation fuel tax; a primary revenue source for numerous aviation related grants, including those recently awarded to the City of Sebastian. Many in the aviation management community were ecstatic to learn this week that this proposed bill failed. It appears that a primary rationale for not passing this bill was the fact that funding at various airports around the country, both general aviation and commercial, is necessary due to tremendous security enhancement needs. Obviously, revenue sources are essential to support grants for respective efforts. As such, a relief bill was passed this week by the Florida House of Representatives to provide relief necessary to allow flexibility in aviation work programs to cover additional extraordinary security costs. This program even goes as far as to waive local contribution requirements for local airports (e.g. appropriate projects and programs, no need to meet the standard 20% and/or 50% matching contribution requirement, the normal arrangement for City of Sebastian aviation grants from FDOT). My hope at this time is that there is no direct relationship and/or correlation between aviation tax relief programs and tourism activities in the State of Florida. Sound economic principles generally support this position to be the case. Weekend Mowing Pro_oram In an effort to expedite swale and ditch mowing efforts, the City of Sebastian Department of Public Works has recently implemented a weekend mowing program. This is primarily the result of the rate of growth of grass and City Council Information Letter November 2, 2001 Page 3 weeds in respective areas, whereby in some cases, causing further impediments to stormwater drainage flow. This schedule is anticipated to transpire during the next few Saturdays, with emphasis to address the worst areas citywide. As referenced in Terry Hill's attached memorandum, the overall objective of this endeavor is to also help improve aesthetics of the community while concurrently, assist mowing crews in establishing more effective long term maintenance processes. Enclosure(s): Outline of Franchise Agreement Violations - Capital Sanitation Electronic Mail Message - Airport Bills Pass, Airline Relief Did Not Memorandum from Terry Hill - Saturday Mowing Program My Docum ents/InfoLetterl 10 ~WAN~SE AGREEMENT V~!QLATIONu THE BELON P~EFERENCED SECTIONS OF THE FRANCHISE AG~ ~ P~ED. 1. 6.2 ~ T~H ~ST BE SEP~ED FR~ ~ O~R ~SE: k. C!TIZ~s ~ ~PORT~ SEEING ~IT~ MIX ~ T~H ~ ~GE. B. I~I~ R~R CO~y ~ FILL ~ ~PORTED CO~I~ous ~O~TI~s BY ~I~ OF C~ L~S & S~SE~ F~S ~OS~ ~ ~IT~ FOR s~. (A) 6.3 COLLECTIONS SHALL BEGIN NO EARLIER TEAN 7:00 A.M., ~ SHALL CEASE NO LATER THAN 6:00 P.M.. ' (B) 6.3 COLLECTION b/Ay BE BERb/ITTED A~ A TI~E NOT ALLOWED BY I~tIS PARAGRAPH, PROVIDED TF~ CONTRACTOR HAS RECEIVED PRIOR APPROVAl. FRC~ THE CITY Fa~NGER OR DESIGNEE TO BE LATER EVIDENCED BY WRITTE~ MEMO CONFIP~ING THE APPROVAL. BOTH (A) & (B) ABOVE RAVE BEEN A PROBLEM ON A MORE OR LESS REGULAR BASIs. 7.4 THE CONTRACTOR SNALL HAVE ON HAND AT ALL TIMES AND IN GOOD WOPJfING ORDER SUCN EQUIPMENT AS SF~LL PERMIT THE CONTRACTOR TO APEQUA~TELy AND EFFICIENTLy PERFOEM ITS CONTRACTUAL DUTIES. THE EQUIPMENT SH~LL BE KEPT IN GOOD REPA/R, & APPEARANCE /iT ALL TIMEs. EQUIPMENT HAS NOT BEEN KEPT IN GOOD WORKING ORDER/GOOD REPAIR/GOOD APPEARANCE. T~IS IS EV/DENCED BY TH~ CONTINUAL BREAK DO~N OF EQUIPMENT ON CITy ROADs, b-UP~ROUS HYDRALrLIC/OiL SPILLS ON CITy STREETS, AND PERIODIC INSPECTION BY THE CITY GARAGE WHERE CAPIT3~s VE~ICLEs ARE DISCOVERED WITH LEAKS OF ALL KINDS, BA~D TIREs, DENTED FINDERS, ETC., WHICH IS A/V INDICATION T~AT CAPITAL HA~ NO REAL PREVENTA~TIVE FiA/NTF~%Q%NCE PROGRAM. 8.5 THE CONTRACTOR SH~J~L PAY THE CITY A GROSS RECEIPT FRANCHISE FEE (6% OF CONTRACTORS GROSS) ACCORDING TO THE SCHEDULE SET FORTH IN SECTION 9. A. THE CONTRACTOR ~L%S ON OCCASION FA/LED TO R~IT TH~ REQUIRED PAYMENT IN A TImELy MANNER WHICH IS GROUNDS FOR TERbE/RATION OF TER FRANCHISE. 8.6 IN ORDER THAT T~E CITy M~y HE INFORMED OF THE QUALITy OF SERVICE, THE CONTRACTOR AC~REES TO MAINTAIN A RECORD OF C~PLA/NTs FOR INSPECT/oN Sy THE CITy. THE CONTRACTOR AGREES TO FURNISH A MONTHLy REPORT LISTING THE NAME, ADDREss, ~ATURE & DISPOSITION OF EAC~ C(1MPLAINT. THIS SECTION CONTINUEs TO ADDRESS T~E CC~PLA/NT PROCESS IN GENERAL. T~E MONTHLy COMPLA/NT REPORT IS NOT BEING SENT TO THE CITy NOR IS COMPLIANCE WITH THE R]~I%IArDER OF T~IS SECTION BEING FOLLOWED BY CAPITAL. TR~ FINAL PARAGRAPH OF THIS SECTION STATES ~'TH~ FAILUP. E OF THE CONTRACTOR TO RESOLVE CUSTOMER COMPLAINTS WITHOUT A IrA.LID CAUSE IS CONSIDERED MATERIAL BREACH OF TKIS FRANCHISE 'AGRE~"iENT AND MAy SUBJECT ~ CONTRACTOR TO THE CANCELLkTION OF THE AGREEMENT." 8.20 THE CONTRACTOR SHALL PROVIDE A TOLL FREE NI~BER IN THE BELLSOUTH TELEPHONE BOOK NL~EROUS C(~4~LAINTs HAVE BEEN RECEIVED BY CUSTC~iERS W'HO HAVE NOT BEEN ABLE TO GET TNEOUGH TO CAPITAL. A REVIE~ OF WRITTEN & VERBAL CC~fPLAINTB I$ SI~Am. RIZED BELOW: SPILLAGE OF GARBAGE ON THE STREETS GARBAGE JUICE LEAY~NG FROM THE BELLy OF COLLECTION TRUCKS OIL/RI~DRAIrLIC SPILLS ON CITY ROADS LATE PICK-UP MISSED PICK-UP NOT BEING ABLE TO GET THROUGH BY PHONE. IS., PHONE MAIL FULL. VERY POOR CUSTOMER RELATIONS WHEN PEOPLE C3tLL THE OFFICE OF CAPITAl% BILLING/STICKER PROBLEMS vlolatio .wpd Page 1 of 5 Terrance Moore From: Jason Milewski Sent: Wednesday, October 31,200'i 3:52 PM To: Terrance Moore; Mark Mason Subject: FW: airports bill passes, airline relief did not Great news for us!l! .... Original Message ..... From: Bill Johnson [mailto:fama@floridaairports.org] Sent: Wednesday, October 31, 2001 2:41 PM To: Undisclosed-Recipient:; Subject: airports bill passes, airline relief did not Good News! Members, the following bill passed out of the House yesterday, which looks like we,re going to get the relief we needed to allow flexibility in the aviation work program to cover extraordinary security costs, and waives the local match requirement. Also, the flight training bill did not pass...also, the new license plate, 'United We Stand' passed and the revenue from that is to'{~'0 to Airport Security. Better News! The airline relief bill failed so your source of funds for airport projects continues. Airport corporate members-airports still have money to pay for your services. Hard Reality! The airline/airport debate probably isn't over. We expect to see them again at the next special session or during Legislative Session 2002. During the interim, PLEASE, PLEASE, PLEASE sit down with your legislators and establish a personal relationship that we can use when the cards are down- fourth quar'[er-ninth inning-etc. I think you get the drift. If we are not major fundraisers for legislators, then we need to be their best personal friends. Its all about money or relationships...and we're weak in the money area. Invite them to the airport, give them a tour, get them a ride in an airplane, hot air balloon, whatever it takes to 'make the connection'. We have a few weeks before this fight starts all over again...So don't neglect this vital part of your jobl (I apologize for Preaching!) ' We especially need the airports in the districts of the members that sponsored the airline bill in both houses to start working with those legislators to understand the airport grant program and how critical it is to your survival. They are: Senator King-Jacksonville Rep's Alexander-Winter Haven Goodlette--Naples 1 O/31/01 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 2O 21 22 23 24 25 26 27 29 30 31 A bill to be entitled An act relating to airports, amending s. 332.007, F.S.; providing economic assistance to airports; providing for noise mitigation for certain airports; requiring certain notice to the Legislature; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Subsection (8) is added to section 332.007, Florida Statutes, to read: 332.007 Administration and financing of aviation and airport programs and projects; state plan.-- ~. Notwithstan~ P/OViflOh Ot ia%9 to the contra~e depsrtmeat is authorized to pro~ratio,la a=~lstance to ~uLilcl~d DublicTuse airD°rts~Such assistance shall be to comolV with enhance~ federal secunitv re__quiremenEs or to address r~lat~d economic ~[npact~from the events o~ ~e~W=~,~ ~-~ ...... ~ ~ ....... = ~uu Foz~j e ct~ the curzent ad~pted~.c~ra]~ added usinc tha available budget of t~e ~nt, si~av re~ the d~par~ment cha~qe the~ct ~ose~n accordance with this nrqvls~on notwithstandinc the ~viSions of s 339. 135~ For ~es of th~s S~sect~he department maV ~Un~up t~lO0 L, ercen~ of ei~ble project costs tha~ az~e not funde~b%~ thq feder~i Qover~nent. Pr'io~ ~o re!ea~:~nq ~.nV ~unds under--his s~cti~nz the department shall review and apurove ~xpend~ture ~ans snbmitted bV the a~ort. The department shall inform t~e Leq~slature of any change that i~ ap~ove~ under ~his subsection. Thi~ subsection shall e~cn Jun~ ~0, ~ ~00~, Page 3 of 5 10/31/01 Page 4 of 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 1 Section 2. ~ty airport~authority create__d as an inde~_ndent special distri_ct which i__s subject_to ~ development_-of-regional-impact d~velopment o~der and whic~h has conducted_~_a.noise studV in accor~dance with 14 C.~F.R. Part 150 shall, in f~i. scal year 2002, esta_blish ~ n°ise-miti--qAtion-project fund JA an amount ~f $7~5 million, which shal~l be increased by another $2.5 millio~n in fiscal year 2004~ The moneys in the P~_ject fund shal~l be seqreqated and expende_d by the aixport aut~hority bV Dece~er 31, 2~t~, the extent_necessary to comply with development~orde~ conu~itments to acquire~.operty from or otherwise miti ate property o~wners advers_elV affected by the development o~ reqional im_9. act' If mon_evs are__not expended fo~r such purpose~. ~y December 31, 2006,. the__airpor~ authority shal~l.not thereaf_ter amend its development-_of-reqional-i~mpact development order or commence development e~f airpor~ infrastructure improvements authorized b~uch deve__lopmen~ order until such funds ~re fui1V expended for such purposes. Section 3. This act shall take effect upon becoming a law. 1 O/31/Ol HOME OF PELICAN ISLAND 1225 MAIN STREET · SEBASTIAN, FLORIDA 32958 TELEPHONE: (561) 589-5330 · FAX (561) 589-5570 MEMORANDUM To: From: Date: Terrence Moore, City Manager Terry D. Hill, Public Works Director~ October 31, 2001 Subject: Saturday Mowing As you are aware we are coming out of the fast grow/ng season and w/th this cool weather the grass and weeds grow at a slower rate. Each year the Mowing Crews fall behind during the summer months due to the size of the crew and the rate of growth of the grass and weeds. The crews follow a mowing schedule and are unable to complete an entire cycle during this time of year. In an effort to catch up on mowing and improve service to the citizens of Sebastian the Public Works Department has scheduled the next few Saturdays to concentrate mowing the worst azeas in the city. We will be putting an operator on every piece of mowing equipment we have and spreading them throughout the city. This effort should improve the aesthetics of the city and at the same time help the mowing crew catch up and allow the Department to concentrate on the mowing and cleaning of ditches. "An Equal Opportunity Employer" Celebrating Our 75th Anniversary