122892-Work SessionMINUTES
City Commission, Sanford, Florida
Work Session
477
Decembe~ 28
19 92
The City Commission of the City of Sanford, Florida met in Work Session on Monday,
December 28, 1992 at 5:00 o'clock P.M. in the City Manager's Conference Room, City Hall,
Mayor-Commissioner Bettye D. Smith
Commissioner Whitey Eckstein
Commissioner Robert B. Thomas, Jr.
Commissioner A. A. McClanahan
Commissioner Lon K. Howell
Assistant City Attorney Donna L. McIntosh
City Manager William A. Simmons
Deputy City Clerk Linda L. Brace
Absent: City Attorney William L. Colbert
City Clerk Janet R. Donahoe
The Chairman called the meeting to order.
Request from C.J. Baragona, Jr., President, Commercial Chemical Products, Inc., to s~eak to
the Commission regarding False Alarm charges. Mr. Trott, individual who installed Mr.
Baragona's security system, was present.
Chuck Baragona, Jr,, President, Commercial Chemical Products, Inc., reported that
it took three service calls (October 21, 23, 26, 1992) to identify and correct the problem,
that two out of the three false alarms were caused by a malfunctioning system, and the other
one was triggered by a cat. Further, to date, he has paid $235.00 in false alarm fees, with
an additional $150.00 still owing (copies of invoices submitted). Mr. Baragona requested
that consideration be given to the fact that the system is repaired, and that it took three
service calls to locate and repair the defective mechanism.
Police Chief Steve Harriett reviewed possible false alarm fee options, which
included: 1) all responses within a twenty-four (24) hour period be counted as one
occurrence, 2) recycle the $35.00 fee every three responses, 3) no charge for the first three
responses within a six (6) month period, a $35.00 fee for the fourth response within a six
(6) month period, and $35.00 per occurrence for all subsequent responses with a six (6)
period, with no fee escalation, and 4) consider giving credit if the owner produces evidence
that the false alarm was due to a mechanical defect in the system, and that said system has
been repaired. Also, between October 9 and 27, 1992, the Police Department responded to
seven (7) alarms at this location, that according to the present fee schedule Mr. Baragona
owes $385.00, and that under the aforesaid options, he would owe alarm fees as follows:
Option 1) $235.00, Option 2) $35.00, and 3) $140.00.
City Manager recommended that Police and Fire False Alarm Fees be amended as
follows: 1) no charge for the first three responses within a six (6) month period, $35.00
for the fourth response within a six (6) month period, and $35.00 per occurrence for
subsequent responses within a six (6) month period, with no fee escalation; 2) all responses
within a twenty-four (24) hour period will be counted as one (1) occurrence, 3) establish a
procedure whereby consideration shall be given to the owner should a false alarm occur on a
Sunday or holiday, and the owner is unable to have the alarm system serviced/repaired by an
alarm system technician; fee for same will be waived, with said procedure and fee schedule
to be retroactive to the date of adoption of Police and Fire False Alarm Fee Ordinance No.'s
3124 and 3125, respectively.
The Commission authorized Staff to prepare ordinances to amend Police and Fire
False Alarm Fees as presented by City Manager.
Sanford, Florida.
Present:
478
MINUTES
City Commission, Sanford, Florida
Work Session December 28 19
92
Request from WilliamS. Redman, Jr., Florida Garbage Service, Inc., to address the Commission
regarding Request for Proposal ~92/93-05, Roll-Off and Compactor Solid Waste Services.
William S. Redman, Jr., Florida Garbage Service, Inc., ("FGS") reviewed his
concerns/complaints regarding the rebid, for Roll-Off and Compactor Solid Waste Services, as
previously submitted to the Commission, and described in letter dated December 4, 1992. He
stated the FGS was the low bidder, but the City did not award the bid to FGS because it was
in bankruptcy, and, instead, rebid the entire package. Mr. Redman stated that Jennings
Environmental Services, Inc., has been a licensed hauler for less than three years, which
does not meet the specified requirements, and that the City waived said requirements without
notification. Further, the City is in violation of the bidding process, and requested that
the Franchise be awarded to FGS, as originally indicated, or rebid the entire package.
Assistant City Attorney reported that she was involved with the bid package
preparation, that she concurred with Staff's decision to rebid the project, which was based
on the massive confusion among the bidders, regarding required information to be contained
in the bid documents, and the fact that FGS is in bankruptcy was in no way the motive for
rebidding said project.
Director of Public WorkS Jerry Herman reported that the decision to rebid was based
on the fact that equipment lease terms were not included in the initial bids, with the
exception of Western Waste Industries. Further, the experience specifications contained in
the advertised for RFP were as follows: "must be experienced in the solid waste industry and
in business as a commercial roll-off service provider for at least three (3) years".
Larry Mathews, representative for Jennings Environmental Services, Inc., reported
that Mr. Jennings has been in the solid waste business in Central Florida since 1973, that
he has a Masters Degree in Business, and has demonstrated the financial ability to do the
job.
Gentleman, Western Waste Industries reported that his company is not challenging
Mr. Jennings' credentials, but does protest the awarding of the bid under the doctrine of
fairness because companies, which did not respond to the original bid request, were allowed
to bid after examining all prior bids.
Franchise Agreement with Jennings Environmental Services, Inc., for Roll-Off & Compactor
Solid Waste Service.
Assistant City Attorney Donna McIntosh reported that she concurred with Staff's
decision to rebid the project, that said decision was not arbitrary, unreasonable or
capricious, and recommended that the Commission approve the Franchise Agreement with Jennings
Environmental Services, Inc.
The consensus of the Commission was to approve said Franchise Agreement with
Jennings Environmental Services, Inc. as recommended by Assistant City Attorney.
Request from Boynton Beach, for the City of Sanford to adopt a resolution asking the
legislature to exDand "drug free zones" from 200 feet to 1,000 feet.
After discussion, the Commission concurred to have City Attorney prepare a
resolution, as Similarly submitted by Boynton Beach, with inclusion of drug free zones around
churches, for City Commission consideration at the January 11, 1992 Meeting.
MINUTES
City Commission, Sanford, Florida
Work Session
479
December 28
19 92
State Revolving Fund Loan.
City Manager reported that the City of Sanford and the State of Florida were unable
to close this loan, in estimated .amount of nine (9) million dollars, prior ~to December 31,
1992, and that Staff will continue to work with the State for a January, 1993 closing.
Political Signs.
City Manager reported that Staff is preparing alternatives/recommendations
regarding political signs, and will present same, for City Commission consideration, in the
near future.
Nomination of Trustee to Florida Municipal Insurance Trust.
The consensus of the Commission was to nominate Mayor Smith as Trustee to Florida
Municipal Trust for another term.
Continuation of COLA.
After discussion, the Commission concurred to continue providing Cola (special pay
increase) through the next quarter.
Land Acquisition of School Board ProDerty across from Sanford Middle School.
City Manager reported that Rick Hardwick has executed and returned the Contract of
Assignment, that he has advised the Seminole County School Board that the City will not
execute said Contract until the School Board has approved same, which is scheduled for
January 14, 1993.
Seminole Towne Center Redevelopment Agreement.
City Manager reported that pursuant to a telefax received today, Randy Hanna, Bond
Counsel, has posed questions regarding several items in the Seminole Towne Center
Redevelopment Agreement, and recommended that this item be referred to the first Regular
Meeting in January, 1993. The Commission concurred.
Welcome Sign.
City Manager reported that the bid opening date is January 12, 1993.
Outstanding Utility Taxes due for Propane Sales regarding Sanford Ace Hardware, Inc.
City Manager reported that Staff has been negotiating with Mr. Parcell regarding
outstanding utility taxes owed, that no agreement has been reached, and that said item will
be on the January 11, 1993 Meeting Agenda, for City Commission action.
Appeal of Denial of Conditional Use request regarding 400 palmetto Avenue.
Assistant City Attorney Donna McIntosh reported that the Circuit Court ruled in the
City's favor regarding the Appeal of Denial of the Conditional Use Request for 400 Palmetto
Avenue.
There being no further business, the meeting was adjourned.
Attest:
/ City Clerk