OCTOBER 31, 2011


THE SPECIAL CITY COUNCIL MEETING of the City of Port Orange was called to order by Mayor Allen Green at 4:30 p.m.


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



            4.         Approval of Emergency Solid Waste Contract

Mr. Parker advised Council that a proposed emergency services contract has been signed by Waste Pro and is ready for Council’s consideration pursuant to Council's direction at the Special Meeting held on Friday, October 28, 2011. Mr. Parker explained that the "checklist" of items that needs to be accomplished for the transition has been done. Attorney Roberts explained that the bond has been received, but no titles. Titles will be provided if a full contract is granted to Waste Pro.

Motion to approve the Temporary Contract for Emergency Services made by Councilman Burnette and Seconded by Vice Mayor Kennedy.

All members support the emergency contract being entered so our citizens have garbage pickup on November 1, 2011.

Doug Daniels, Attorney for Veolia, advised Council that they have since Friday, been authorized to extend the contract. He explained that Veolia is ready, willing, and able to continue picking up trash for the next 45 days.

Todd Strong, Regional Manager of Veolia, addressed Council stating they have run into problems getting the zoning worked out with the City at the site they had chosen within the City. Veolia wants to continue working with the City and they want to extend the current contract and continue to work on installing the CNG facility.

Jim Suter, Veolia, addressed Council stating they have approval to extend their current contract. He feels the penalty to not extend Veolia's contract and award it to Waste Pro is too much.

Jim Morris, Attorney for Waste Pro, advised Council that Waste Pro is completely ready to proceed with solid waste pick up tomorrow (Nov. 1, 2011) and a contract has been submitted to Council. He advised Council that the contract tendered is the contract from the bid materials.

Attorney Roberts explained her concern with the letter from Mr. Morris relating to the 5year contract. Mr. Morris explained his understanding of the meeting from Friday. Attorney Roberts asked about the indemnity agreement. Discussion was held between Mr. Morris and Attorney Roberts relating to the indemnity agreement and Mr. Morris’ letter. Tim Nolan, Waste Pro, agreed to indemnify the City for the costs of the CNG facility.

Mr. Daniels explained that Veolia is willing to stay with the bid documents which did not require CNG facilities in Port Orange. Attorney Roberts explained the proposal did state  October 1, 2011.

Mr. Morris explained his clients are the lowest, best bidder.

Mr. Strong addressed Council stating that Veolia has tried to work with the City on the CNG facility and now he feels they are getting penalized because of the issues with the CNG facility. They are willing to look at the City own properties. The delay has come with the supplemental requirements relating to the CNG facility. He believes the escalating diesel prices will make Veolia's contract cheaper than Waste Pro's. He apologized for his outburst. Veolia is ready to work tomorrow. Veolia is asking the City to reject the Waste Pro contract and allow Veolia to continue servicing the City.

Mr. Suter reminded Council that Waste Pro will not be providing CNG to the City. He advised that they are committed to providing the City with CNG.

Tim Nolan advised that Waste Pro is ready to go tomorrow. They have employees ready. They have commercial containers that will be delivered by the end of the week.

Mayor Green called for the vote.

Motion carried unanimously by roll call vote.

ADJOURNMENT:    5:14p.m.



                                                                                    Mayor Allen Green





Kenneth W. Parker, City Manager