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Home My WebLink About1992 03 16 City Commission Workshop Minutes . WORKSHOP MEETING CITY COMMISSION CITY OF WINTER SPRINGS MONDAY, MARCH 16, 1992 The Workshop Meeting of the City Commission of the City of Winter Springs, Florida, was called to order by Mayor Philip A. Ku1bes at 7:00 p. m. Ro 11 Call: Mayor Philip A. Ku1bes, present Deputy Mayor John Lange110tti arrived 8:00 p. m. City Manager Richard Rozansky, present City Attorney Frank Kruppenbacher, present Commissioners: John V. Torcaso, present Don Jonas, present Terri Donnelly, present Cindy Kaehler, present Industrial Waste Services-Franchise Agreement-regu1ations/specifications/co11ection rate resolution/refuse rate index; Mandatory Garbage Ordinance: Manager Rozansky explained the Commission is here this evening to review the franchise agreement and attachments. A revised set of the documents has been provided to the Commission this evening. Tom Daly, Charles Wilson and David Jones, Attorney for I.W. S. were present. Attorney Jones explained the documents that were provided this evening are substantially identical to those that were originally presented to the Commission back in early December. What changes have been made were made to address concerns referenced in a memo from Commissioner Kaehler to Attorney Kruppenbacher dated March 4, 1992. . Attorney Kruppenbacher mentioned the two major decisions for the Commission are the rates and the issue of the refuse rate index. Commissioner Torcaso asked about Section 5 on Page 4 regarding multi family and mobile home parks. Hacienda Village has their own trucks. Attorney Kruppenbacher explained to the extent somebody held an existing private contract this City is not entering into taking away that contract, so Hacienda Village would be excluded. Attorney City and term of Jones spoke about the language on Page 3 he said he inserted IWS, by mutual consent, may opt to extend this Agreement for years." language "The an additional Commissioner Jonas said he did not want to negotiate this contract and give IWS the o.k. to go ahead with this contract, at the rate it is and then have them come back six months from now because landfill rates increased, and ask for a rate increase. He said he assumed IWS figured those increases into their rates. Mr. Wilson explained they do not know how much the landfill increase will be. Commissioner Jonas said he understood the only time there would be a request for a rate increase was if there were a state mandate. Commissioner Torcaso asked Mr. Daly about the letter from Greenspointe Homeowners Association complaining about the four days of pickup. Mr. Daly said they are going to switch the recycling to one of the garbage pickup days, so there will be three days instead of four. . The Commission then reviewed the Franchise Agreement. On page 2 Commissioner Kaehler asked what happens if IWS decides that our solid waste ordinance is not substantially similar to Exhibit "A". Attorney Kruppenbacher said that will be worked out so that the City is protected. . . . Workshop Meeting, City Commission, March 16, 1992 Page 2 Manager Rozansky questioned the wording on Page 2, first paragraph, how could the City guarantee collection until it is on the tax roll. Attorney Jones explained the idea is to make it mandatory and in terms of enforcement, all that it provides for is Code Enforcement. Commissioner Donnelly asked if this is to appear on the tax rolls in 1993, what is going to happen in November of 1992? Harry Martin, Finance Director explained the first collection will be in November 1993. Attorney Jones explained that while taxes are paid in arrears, this is not going to truly be a tax, it is going to be a line item charge for services, so in 1993 property owners would receive a tax bill for the 1992 taxes in arrears and for the garbage from that day forward. Manager Rozansky said the County is going to go mandatory right away, and it is possible they would let us get on the tax rolls with them and that would be later this year. Commissioner Kaehler said she would like a definitive answer why the County can get their garbage on the tax rolls faster than we can. She said she would like an answer by the next meeting. On Page 3 Commissioner Kaehler asked if 120 days is the standard term for cancelling a contract. Attorney Kruppenbacher said it would be clarified so that it is a 60 day period. Attorney Jones said he did not hear an answer on how long the Commission wanted a renewal to be on page 3. Commissioner Kaehler said one year. On Page 5, Sec. VI. the date needs to be filled in. Attorney Kruppenbacher said he would have to look at the issue of putting a lien on a debt that is owed to IWS. Attorney Jones explained that during the period IWS continues to bill in the interim the contract envisions the passage of an ordinance making garbage collection mandatory. It is just as if the City were doing it itself except it has privitized that responsibility and delegated IWS to perform that function. Attorney Kruppenbacher had a question on page 7, and asked that it be spelled out when their bills are to be sent out. There was discussion of taking off the $.50 administrative fee when it gets on the tax rolls. Commissioner Kaehler said she would show exactly what the other cities are paying for a comparison. On page 8 there was reference to the Refuse Rate Index and Commissioner Kaehler said this is just passing along their costs; that's a built in increase, and she said it is out. Manager Rozansky explained in consideration for having a five or six year contract with the option to renew, the Commission essentially feels IWS has a protected contract. Kathleen DeGrenia, Highlands, asked if we are prepared to do the breakdown for condominiums. Mr. Wilson said he did not think commercial was going to be on the tax rolls. Attorney Jones said as it is presently written it was envisioned that the tax roll billing would be used for individual pickup. Condominiums and apartment . . . Workshop Meeting, City Commisison, March 16, 1992 Page 3 buildings that utilize dumpsters are referred to as commercial accounts and the billing would continue to be directly between the hauler and condominium associations. Dick Denning, Pebble Beach Circle, asked if the City is going to be the trash pickup company and franchise that service out, how can they say this group of condominiums do not fall within their purview? Commissioner Kaehler said the gentleman's point is well taken and if we are going to make this a City function and franchise it out, why should we basically discriminate against condominium owners. She asked if there is a per unit rate that can be put on them for Commission to look at. Mr. Wilson said how do you keep up with who pays. Attorney Kruppenbacher said we have to look at that issue. On Page 9, Sec. VII, change to "shall abide by". On Page 10, Sec. IX, if the City is sued, IWS will have to come in and defend us. On Page 11 A and B, says we have not waived our rights to hold IWS in violation. On Page 12, copies are to be sent to the Manager, Commission and Clerk. Manager Rozansky said its possible the Finance Department could get this on the utility bills in 90 to 120 days. Commissioner Kaehler asked why this wasn't suggested a year ago. Attorney Kruppenbacher said he would bring back Monday night packages to show the issues as to putting it on the utility bills and the tax rolls. Commissioner Jonas said the people that are doing our computer analyzing will be in in a few days to meet with Harry Martin and hopefully within three to four weeks they will have a complete evaluation. Meeting was adjounred 8:35 p. m. Respectfully submitted, Mary T. Norton, City Clerk