SPECIAL CITY COUNCIL MEETING MINUTES

COUNCIL CHAMBERS – CITY HALL

1000 CITY CENTER CIRCLE

JULY 12, 2011

 

THE SPECIAL CITY COUNCIL MEETING of the City of Port Orange was called to order by Mayor Allen Green at 5:30 p.m. to discuss the City’s solid waste bid award and bid protests.

 

Pledge of Allegiance

 

Silent Invocation

 

Roll Call:                    Present:                     Councilman Bob Ford

                                                                        Councilman Donald Burnette

Councilman Bob Pohlmann

                                                                        Vice Mayor Dennis Kennedy

                                                                        Mayor Allen Green

 

                                    Also Present:            Kenneth W. Parker, City Manager

                                                                        Margaret T. Roberts, City Attorney

                                                                        Robin Fenwick, Deputy City Clerk

 

Mayor Green announced the outline of the meeting and asked for objections and questions from the parties and from the public. There being none from either, the meeting moved forward. Mayor Green advised Council that they can throw out all bids and rebid completely. Mayor Green asked Council members if they want to move forward with this meeting or throw out all bids and rebid the contract. All members agreed to move forward with the protest hearings.

 

BID PROTEST HEARINGS FOR COLLECTION OF SOLID WASTE, YARD WASTE AND RECYCLABLE MATERIALS, BID #11-08

 

4.    Republic Services of Florida, L.P.

a.    Background presentation by staff

b.    Presentation by Republic Services

c.    Comments from other bidders

d.    Public comment

e.    Staff summary

f.     City Council discussion and determination

 

Glen Storch, attorney for Republic, advised Council that Republic is withdrawing their bid protest.

 

5.    Choice Environmental Services, Inc.

a.    Background presentation by staff

b.    Presentation by Choice

c.    Comments from other bidders

d.    Public comment

e.    Staff summary

f.     City Council discussion and determination

 

Ken Parker, City Manager, gave details of the bid protest submitted by Choice Environmental Services, Inc. Mr. Parker explained the committee meeting discussion relating to the committee’s familiarity with each company. Mr. Parker asked the committee to recess so that he could perform reference checks on Choice. The committee agreed. Mr. Parker checked references as discussed. Most reference checks were positive.

The second issue is whether or not Choice submitted a balanced bid. Jan Parsons, Assistant Public Works Director, was questioned by Mr. Parker and explained the analysis of the summary spreadsheet. The total monthly base bid placed Choice at #3. Mr. Parker asked Warren Pike, Public Works Director, to approach Council. Mr. Parker questioned Mr. Pike. Mr. Pike explained that he was concerned that the hand pick up charge was low and the fuel surcharge number adjusts every six (6) months.

Mr. Parker asked John Shelley to approach. Mr. Parker questioned Mr. Shelley regarding the fuel charge formula.

Mr. Parker asked Bridgette King, Budget Analyst, to approach and questioned her regarding the analysis of the solid waste bids. Choice was higher than Veolia and Waste Pro.

Mr. Parker summarized the Staff's position and recommendation and advised Council that if his ranking was zeroed out, it would not change the outcome.

Jan Parsons explained what CPP means on her bid ranking sheet.

 

Michael Savino, representative for Choice introduced himself and advised Council he is available for questions of the company. Councilman Pohlmann asked if the specs required a certain number of CPP’s. Mr. Savino said no it wasn't specified.

Vice Mayor Kennedy asked if there is a problem or a process in reference checks. Attorney Roberts said there was no uniform process but there is no problem with that either. She does not believe it was prejudicial to the outcome.

Susan Thomas-Joiner, resident, asked if the City will make a decision tonight. Attorney Roberts answered her questions.

Mr. Parker summarized Staffs position and called Bridgette King to discuss how she used the fuel charges for the past 5 years. Ms. King explained that she took the 5 year average and applied it to each bidder.

Vice Mayor Kennedy does not agree that the Choice protest is valid.

Councilman Pohlmann thanked Choice for their bid. Councilman Pohlmann asked Attorney Roberts if Choice is ranked 3rd regardless, she confirmed. Councilman Pohlmann does not agree with the protest.

Councilman Burnette also does not believe it was arbitrary and capricious. He supports Staff and agrees that the protest is invalid.

Councilman Ford asked Attorney Roberts questions relating to the implications if Council finds the protest sufficient. He does not believe Staff acted in an arbitrary and capricious manner but agrees with the protest. Attorney Roberts recommends that Councilman Ford share his opinions and knowledge with the rest of Council.

Mayor Green addressed the public and advised of his background. He does not agree with protest and supports Staffs analysis.

 

Consensus of Council is the protest is invalid.

 

6.    Veolia ES Solid Waste Southeast, Inc.

a.    Background presentation by staff

b.    Presentation by Veolia

c.    Comments from other bidders

d.    Public comment

e.    Staff summary

f.     City Council discussion and determination

 

Mr. Parker presented background and called Tom Cinefro, Purchasing Coordinator. Mr. Cinefro explained his process when a document was received from a bidder: he posts it on demandstar.com then emails the document to the City Manager and City Attorney. Mr. Cinefro discussed the "cone of silence".

Lynette Luff, Esquire, called by Mr. Parker and answered questions relating to vehicles in the specs.

Mr. Pike was questioned by Mr. Parker relating to compressed natural gas.

Ms. Parsons was questioned by Mr. Parker relating to compressed natural gas.

Ms. King was questioned by Mr. Parker relating to the analysis of the bids.

Mr. Parker summarized the Staff’s position relating to the Veolia protest.

Councilman Ford asked about the conversion of CNG and whether Veolia bid on CNG or diesel. Mr. Parker explained the bidding requirements.

Councilman Pohlmann asked if Council upholds Veolia's protest does that mean Waste Pro is disqualified. Mr. Parker kwp said yes and explained the implications.

Doug Daniels, attorney for Veolia, presented position as to their protest.

Jim Morris, attorney for Waste Pro, explained his client’s position.

Mayor Green asked for public comments. There were none.

Mr. Parker presented the Staff summary.

Councilman Ford asked Attorney Robert if Council could be excluded from those public records when a bid is in the process. Attorney Roberts said no.

Councilman Burnette believes the June 23rd letter was a mistake because it was addressed to Council. He read it in the “read file” and believes the “cone of silence” was broken.

Councilman Pohlmann agrees with Councilman Burnette. He asked if the “cone of silence” is through the award of the contract. Attorney Roberts advised that Staff is relieved when a recommendation is done; however, Council is in the “cone” until award of the contract. Councilman Pohlmann supports the bid protest.

Councilman Kennedy believes they have to uphold the bid protest.

Mayor Green advised that he receives all documents addressed to him even though it doesn't need to go to him. He receives the legal documents even though he's not being sued or arrested.

Councilman Ford feels that Staff shouldn’t have forwarded the letter to the public.

Mayor Green advised that he met with Tom Cinefro to discuss the fuel charge so that he could better understand that item.

Mr. Morris’s position is that the letter being addressed to Council shouldn’t matter because it wasn’t sent to them.

Councilman Pohlmann asked Mr. Morris why the letter was written. Mr. Morris explained to clarify issues raised from the committee meeting.

Mr. Daniels disagrees with Mr. Morris and believes Waste Pro attempted to change the specifications in their bid and it was definite harm caused.

Chris Challis, attorney for Choice, believes the issues with Veolia and Waste Pro are serious and would request that Council rebid.

Mr. Parker summarized the final analysis of the bid itself and advised Council that the numbers that came in was not considered by Staff or the committee.

Attorney Roberts summed up the protests and the options to Council.

Vice Mayor Kennedy doesn’t see that the protest is valid.

Councilman Pohlmann is not ready to make a determination.

Councilman Burnette doesn't buy the argument that Tom Cinefro is the gatekeeper. He believes Mr. Cinefro’s job is to make sure everyone sees everything and not withhold documents.

Councilman Ford doesn't believe the letter is considered lobbying because it was forwarded by City Staff and was done in the public not in private. He sees it has a minor irregularity.

Consensus of Council is the protest is invalid.

 

Opinions:

Councilman Ford - minor irregularity

Councilman Burnette - uphold protest

Councilman Pohlmann - minor irregularity

Vice Mayor Kennedy - minor irregularity

Mayor Green - minor irregularity

 

 

7.    Waste Pro USA, Inc.

a.    Background presentation by staff

b.    Presentation by Waste Pro

c.    Comments from other bidders

d.    Public comment

e.    Staff summary

f.     City Council discussion and determination

 

James Morris, attorney for Waste Pro, withdraws Waste Pro’s protest.

 

Consensus of Council is the protest is invalid.

 

AWARD OF SOLID WASTE CONTRACT

 

Councilman Burnette requested a 5-10 minute break. Council agreed: recessed at 8:32pm

 

Reconvened 8:41pm

 

Mayor Green asked Council if they are in agreement to give each of the final three (3) a three (3) minute summary/closing. All agreed.

 

Michael Savino, Choice, addressed Council to clarify some of the numbers discussed.

John Ferguson, Choice, discussed those numbers.

Bill Stubblebine, Veolia, discussed fuel charges.

Mr. Morris, Waste Pro, advised that they are expecting to employ local people, discussed emergency management issues.

 

Mayor Green asked Council if they are ready to vote.

 

Consensus of Council is to stay with 2-1-1.

 

Motion by Councilman Pohlmann to renew the solid waste contract with Veolia, and Seconded by Councilman Burnette.

 

Councilman Pohlmann advised that he likes that the residents are happy with Veolia and that he likes the CNG component. He sees Veolia as more balanced in their numbers.

Councilman Burnette agrees. He has received several calls from residents that they are happy with the current service. He also likes the CNG component and that there’s no transition period.

Councilman Ford likes the bottom line. He believes all three are great companies. He doesn't know if CNG will be a reality so he would lean towards Waste Pro.

Vice Mayor Kennedy also received numerous calls from residents about Veolia. He is hopeful for the CNG and wants to see it happen. He supports Veolia.

 

There being no further comments and none from the public, roll call vote was taken. Motion carried by 3-2 vote, with Councilman Ford and Mayor Green voting no.

 

 

 

 

ADJOURNMENT:    9:06p.m.

 

                                                                                                                                               

                                                                                    Mayor Allen Green

Attest:

 

 

                                                                       

Kenneth W. Parker, City Manager