Loading...
HomeMy WebLinkAbout30786 - MINUTES - City Commission MINUTES WORKSHOP MEETING DANIA CITY COMMISSION t MAY 14 , 1975 ' l. . Present: Mayor: Robert Duncanson 4 Vice Mayor: John Bertino Commissioners: Robert Donly ® John Kay City Manager: Woodward Hampton City Attorney: Jack Milbery City Clerk: Wanda Mullikin Sanitation Contractor: Thomas Sette 't. ® 2. This meeting was originally scheduled to be a special meeting. On the advise of the City Attorney, the meeting was changed to a workshop meeting due to the fact that no formal action could be taken on the items on the agenda. 3. Commissioner Kay reviewed the minutes of the Streets and Sanitation Committee, of which lie is chairman, regarding the revision of Ordinance #566 which sets forth the garbage and trash regulations. The Committee made the following recommendations: a. Delete or make into a separate Ordinance the word "trash" and all sec- tions pertaining to trash. b. Change the maximum pick-up from four cane to two cans per pick-up twice ® a week per single family residence; two cans per duplex; five cans per triplex; six cans per four units; two cans per commercial site; two cans per motel site and two cans per trailer park for owner or resident manager; no pick-up at condominiums, co-ops or trailer parks - they must secure a private contractor. C. In section 1(e) after "designated by the City" add "and private con- tractor". d. In section l(d) after "location of any apartment"house" include "condominium and co-op". City Manager Hampton then commented on Commissioner Kay's recommendations. He stated ® that a change in the Ordinance would not change the garbage contract that the City has with West Shore Sanitation. Based on his own review of the Ordinance, he has given the Commissioners a memorandum setting forth the provisions that he recommends, which are as follows: a. The allowed number of cans per residence shall be two instead of four. b. Any business or apartments having eight cans or more shall be required to have a container where possible based on space availability. c. There should be a separate Ordinance for trash. He recommends using this material for land fill. d. Garbage should be placed in plastic bags so that the twenty gallon can would not exceed forty pounds. e. The trash Ordinance should provide for how trash is to be bundled, packed, or in bags. If a residence has more than two cans, a fee could be charged ® `or the extra cans, as, for example, $1.00 per can. f. Set a standard for the condition of garbage cans. g. Set a policy on underground garbage cans. h. Require the use of heavy plastic bags such as those sold by the City. Cit•: Ccrr.'ission -1- May 14, 1975 Y i. Newspaper cannot be considered as garbage unless it is used to wrap garbage. J . Decide on a garbage fee, for example, $3.00 per month per residence, or $1.50 per month per motel or hotel sleeping room. k. The Ordinance should provide that the City would designate collection points for garbage and trash. Mayor Duncanson recommended adding a provision to control overflowing bins. Mr. Hampton's recommendations brought up the subject of a garbage fee. Vice Mayor Ber= tino said that if the maximum number of cans is reduced to two cans per residence, the garbage contract should be altered to compensate for the change, and with the lower garbage contract rates possibly the City could avoid a garbage fee. If the contract is not changed, the City could charge a fee for anything over the two cans. Mayor Duncanson pointed out that Mr. Sette is not being paid to count garbage cans, and to have someone count them would cause a considerable amount of bookwork. If garbage and trash are separated, Commissioner Kay suggested levying a trash fee instead of a garbage fee. Vice Mayor Bertino suggested going to the use of specified containers such as those that are used in Ft. Lauderdale. Each residence would get one container, and if they wanted more, they would have to pay for them. Larry Adair, representing Walden and Dubow, attorneys for West Shore Sanitation, read Mr. Walden's letter of May 14 into the record. This letter basically protested the calling of a special meeting without notifying the interested parties. Mr. Sette said that he was not formally notified of this meeting. The Commission then tried to iron out some of the problems they have had in communicating with Mr. Sette and o his attorney. The Commission asked Mr. Sette to input some of his feelings. He does not feel that he can profitably operate if the number of cans is reduced from four to two. It was pointed out that he would get a percentage of the monies collected for anything over two cans. Mr. Sette stated that he may have to employ the same number of men to pick up two cans as he would to pick up four cans. As the Commission could not come to a decision about the proposed changes, through Vice Mayor Bertino's suggestion, City Manager Hampton was appointed to negotiate with Mr. Sette during the coming week for mutual input for an Ordinance and Mr. Sette's contract, with the goal being that Mr. Hampton would present a draft to the Commission for their approval. at the May 21 workshop meeting. When this draft is approved, it will be given to the City Attorney so that he can proceed with the preparation of an Ordinance. 4. City Manager Hampton led the discussion on the proposed lease of a front-end loader. He feels that its use would pay for itself within 1§ years. If the machine is leased, one less man would be needed in the Public Works Department. Mr. Hampton O said that no one would be terminated, but rather when someone quits no one will be hired to replace him, and the present employees would be shuffled to compensate for the Loss. The terminated man's salary would be commensurate with the cost of leasing the loader, so the City would not be spending extra money. Vice Mayor Bertino re- quested a report of how much has been paid in the past to outside contractors for work that this machine can do. Mr. Hampton said that such a report would be im- possible to estimate. Former Public Works Director Cus Brice cited several past examples where a front-end loader was used and the cost of that specific use equalled what the cost would be to Lease the loader for a full year. The Commission asked Commissioner Kay to look into the Lease arrangement, being that he is very familiar .with this type of equipment, and advise the Commission at the May 19 meeting. Robert H. Duncanson - Mayor 'dandy Mullikin - City Clerk C i.tq Commission -2- May 14 , 1975 2:r; WALDEN AND DU33 o Nv ATTOIINI:Y8 AI' LAN' DANIA, Fi.ORIDA uc100•1, CLARKE WALDEN ROBERT E. DUBOW May 14, 1975 BY MESSENGER m Commissioner Robert H. Duncanson 221 Southwest Third Place • Dania, Florida 33004 Commissioner Frank C. Adler 259 Southwest Fifth Street Dania, Florida 33004 Commissioner John M. Dertino 218 Southeast Third Terrace Dania, Florida 33004 Commissioner Robert J. Donly 209 Southeast Third Terrace • Dania, Florida 33004 Commissioner John J. I:ay 222 Northeast Fifth Avenue Dania, Florida 33004 • Re: Our file number M-984 City of Dania - agreement and related forms, collection of garbage and other wastes Our file number M-1453 • Thomas P. Sette and West Shore Sanitation Service, Inc. — garbage contract Gentlemen: • This firm represents Mr. Thomas P. Sette and West Shore Sani- tation Service, Inc. As I believe you know, West Shore Sanitation Service, Inc. , has the exclusive right to solid waste collection service for resi- dential and business properties within the city boundaries that are presently being served by the city for a period from March 1, 1975 , to February 28, 1977. On behalf of West Shore, I have expended considerable time with the administrative staff of the city in trying to resolve con- s fusion and discrepancies in the basic contract which resulted from bids received by the city commission on October 7, 1974 . The real confusion arises because the contract forming the basis of the bids on October 7 , 1974, was not prepared by your city attorney but is evidently a conglomerate type of agreement drafted by many lay per- sons employed either at the city hall or at the sanitation depart- ment of the city. I have written many lengthy letters to date to the city wherein I have directed attention to the areas of confusion and uncertainty. One of the real areas of confusion is that the lay persons draftin the reement incorporate City o�Dania oY3i^Hance no. T�65, • e no. S 65 Fy- reference, into the agreement. Unfortunates ordinanc is in conflict with other provisions of the agreement. (emphasis S supplied • Marow WALDEN AND Du71ow Members of City Commis- sion, City of Dania Page two May 14, 1975 43 On behalf of West Shore, I appeared before the city commis- sion at its regular meeting of April 21, 1975, stated that I did repre- sent West Shore and indicated the problems which I thought existed with respect to the lay agreement which West Shore entered into. At the regular meeting of April 21, 1975, I was asked to appear rs -' before the citizens' public works committee which is evidently headed ' -' by Mr. John J. Kay. This committee held a meeting on Wednesday, April 23, 1975. I again appeared and expressed to Commissioner Kay and to the citizen members the several points in the existing contract which i ' seem to be posing some issue or difficulty to 'the city manager. I wrote a letter dated April 25, 1975, to you (with a copy to each com- missioner and the city manager) wherein I reviewed the matter further. The city commission evidently held one of its daily "workshop" meetings on May 7, 1975, and had some type of discussion on the sub- ject. The charter of the city does not provide for "workshop" meetings. I assume that a workshop meeting is simply some type of informal get together held at whatever place is convenient and that a workshop meet- ing is in the nature of a conference. I am positive that no type of formal action or binding action may be taken at any type of .conference meeting and that no charter requirement may be waived or overlooked at a workshop or conference meeting. If the charter sets forth a pro- cedure for the calling of a special meeting, it is my opinion that the special meeting must be called in exact accordance with the require- ments of the charter. A special meeting may not be "called" if the members of the city commission happen to run into each other while j swimming in the Atlantic Ocean or if they happen to run into each other while riding on an airplane or if they happen to see each other in the parking lot at the city hall. Likewise, it is my opinion that a special meeting may not be called at a conference meeting or at what is called a "workshop" meeting. In every event, a special meeting must be called in exact accordance with the requirements of the charter of City of Dania. The label of "workshop" is of no significance whatso- ever. I now understand that, at the workshop meeting on May 7, 1975 , a special meeting was called for 7 :00 p.m. , Wednesday, May 14, 1975, to discuss possible amendments to ordinance no. 565 and related amend- ments to the contract with West Shore Sanitation Service, Inc. As attorney for West Shore Sanitation Service, Inc. , I have not been in- formed of the "special" meeting nor have I been invited to attend on behalf of West Shore. In order to have an objection on record, I advise you that the "special" meeting evidently called for 7: 00 p.m. , Wednesday, May 14 , 1975, has simply not been called in accordance with any of the requirements of the charter of City of Dania regarding the calling of a special meeting. Therefore, I will not attend on behalf of West Shore Sanitation Service, Inc. I have instructed my client not to participate in what will amount to nothing more than a "workshop" meeting. However, I have indicated to my client that its principals may attend the "workshop", conference, get together or whatever else is a proper term for something other than a duly called special meeting. My client has no control over any amendments you care to make to ordinance no. 565 and does not express any opinion as to proposed amendments to the ordinance. However, I do respectully advise you that ordinance no. 565, as amended, may not be made a part of the contract with west Shore Sanitation Service, Inc. , unless West Shore sees fit f' to consent thereto. With respect, I must advise you that the city commission of WALDEN AND DU13ow Members of City Commis- sion, City of Dania Page three May 14 , 1975 ® City of Dania is bound by the Constitution of State of Florida. Section 10. , Article I. , of the state constitution provides: "Section 10. Prohibited laws.-- No .law impairing the obligation of contracts shall be passed." Since ordinance no. 565 is made a part of West Shore 's contract by reference in order to state the scope of services which West Shore must render, any attempt by the city to make amended ordinance no. 565 a part of the contract (without West Shore 's consent) would violate Section 10. , Article I. , Constitution of the State of Florida. 1 think the error of the sanitary department workers and what- ever other lay persons at the city hall who involved themselves in the drafting of the present agreement now becomes apparent. An agree- ment which incorporates an ordinance (by reference) to set the standard of services is bound to lead to difficulties when the ordinance is ® later amended. I can only comment to you that the earlier agreement which the city attorney prepared did not adopt ordinance no. 565, by reference, to set the degree of services to be furnished by the con- tractor. Hopefully and if nothing else is accomplished, the city will now allow its city attorney to draft all future agreements. ® As I have stated on so many previous occasions, I am willing to meet with you at either a regularly called special meeting or at a regular meeting of the city commission to renegotiate the contract with West Shore Sanitation Service, Inc. , on terms which are reasonable and mutually acceptable. All I ask is that I be given reasonable notice of the meeting. If you wish to delegate the authority to the city manager to negotiate the contract, I will be pleased to negotiate with him if you will adopt a resolution showing that he has the authority to negotiate for and to bind the city. I do not believe there is any- thing to be gained in attending a "workshop" meeting since no formal action may be taken at such meeting. I reach about the same conclusion O regarding the citizens' public works committee. I attended a prolonged meeting with such committee on April 23, 1975. To my knowledge, the citizens on the committee have never had the opportunity to make any suggestions or recommendations to the city commission although I personally felt that many of their opinions were well founded. Thank you. Yours very truly, Clarke Walden CW/b cc: Mr. Woodward M. Hampton City Manager City of Dania Dania, Florida 33004 Mr. Charles McNally Assistant City Manager City of Dania Dania, Florida 33004 / Mrs. Wanda M. Mullikin ✓ City Clerk-Auditor City of Dania Dania, Florida 33004 :r