REGULAR
COUNCIL MEETING, TUESDAY, SEPTEMBER 21, 2010 AT 5:00 P.M.
Meeting
called to order by Council President Palmer.
Present: Thomas, Perry, Henson, Palmer, Smith.
Absent: None.
The meeting was opened with prayer
by Parks & Recreation Director Mark Naylor and followed by the Pledge to
the Flag.
Motion was made by Councilman Smith
duly seconded by Councilwoman Perry and passed by a majority of the Council to
amend the agenda to: add an executive session regarding potential litigation
before the Consent Agenda; add as R-7a contract for solid waste
collection. Voting yea: Perry, Palmer, Smith. Voting nay: Thomas, Henson.
An executive session was requested
regarding potential litigation. Motion
was made by Councilman Smith duly seconded by Councilwoman Perry and passed by
a majority of the Council to close the meeting to determine whether to declare
an executive session. Voting yea: Perry,
Palmer, Smith. Voting nay: Thomas, Henson.
Councilman Thomas stated that this needed to be discussed
in public. Those who left the Council
chambers for the executive session were: Councilwoman Perry, Council President
Jesse Palmer, Councilman Bobby Smith, City Attorney Ronnie Walton, Attorney
Reed Darsey and the Clerk of Council.
Councilman Thomas and Councilwoman Henson did not attend the executive
session. Motion was made by Councilman
Smith duly seconded by Councilwoman Perry and unanimously passed by the Council
who attended the executive session to declare an executive session in order to
discuss potential litigation. The
Council members present then went into executive session. Motion was made by Councilwoman Perry duly
seconded by Councilman Smith and unanimously passed by the Council who went
into executive session to go out of executive session. The Clerk of Council reported that no action
would be taken regarding the executive session.
Motion was made by Councilman Thomas
duly seconded by Councilwoman Henson and unanimously passed by the Council to
approve the minutes dated September 07, 2010.
Motion was made by Councilman Thomas
duly seconded by Councilwoman Henson and unanimously passed by the Council to
approve the following proclamation to be issued by the Mayor:
September
20-24, 2010 – “Senior Corps Week”
Councilman Thomas offered and moved
the adoption and passage of the following Order:
ORDER #14849 ORDER DECLARING EQUIPMENT SURPLUS AND NO
LONGER
NEEDED BY
THE CITY OF MERIDIAN AND AUTHORIZING THE
SALE OF SAID
SURPLUS EQUIPMENT
And,
Councilwoman Henson seconded the motion, whereupon said Order was discussed,
passed and adopted by the Council by a vote as follows:
Yea: Thomas, Perry, Henson, Palmer, Smith.
Nay: None.
Councilman Thomas offered and moved
the adoption and passage of the following Order:
ORDER #14850 ORDER DECLARING EQUIPMENT SURPLUS AND NO
LONGER
NEEDED BY
THE CITY OF MERIDIAN AND AUTHORIZING
SAID SURPLUS
EQUIPMENT TO BE DISCARDED
And,
Councilwoman Henson seconded the motion, whereupon said Order was discussed,
passed and adopted by the Council by a vote as follows:
Yea: Thomas, Perry, Henson, Palmer, Smith.
Nay: None.
Councilman Thomas offered and moved
the adoption and passage of the following Order:
ORDER #14851 ORDER DECLARING K-9 “TAMMY” SURPLUS AND
AUTHORIZED
TO BE SOLD
TO THE TOWN OF UNION, MISSISSIPPI FOR $4,516.66
And,
Councilwoman Henson seconded the motion, whereupon said Order was discussed,
passed and adopted by the Council by a vote as follows:
Yea: Thomas, Perry, Henson, Palmer, Smith.
Nay: None.
Councilman Thomas offered and moved
the adoption and passage of the following Order:
ORDER #14852 ORDER CONFIRMING
THE RE-APPOINTMENT BY THE MAYOR OF
FRED SNOWDEN
TO THE BUILDING CODE BOARD OF ADJUSTMENTS
AND APPEALS
And,
Councilwoman Henson seconded the motion, whereupon said Order was discussed,
passed and adopted by the Council by a vote as follows:
Yea: Thomas, Perry, Henson, Palmer, Smith.
Nay: None.
Councilman Thomas offered and moved
the adoption and passage of the following Order:
ORDER #14853 ORDER CONFIRMING
THE APPOINTMENT BY THE MAYOR OF
MARY RUTH
SHARP TO THE BUILDING CODE BOARD OF
ADJUSTMENTS
AND APPEALS
And,
Councilwoman Henson seconded the motion, whereupon said Order was discussed,
passed and adopted by the Council by a vote as follows:
Yea: Thomas, Perry, Henson, Palmer, Smith.
Nay: None.
Councilman Thomas offered and moved
the adoption and passage of the following Order:
ORDER #14854 ORDER CONFIRMING
THE RE-APPOINTMENT BY THE MAYOR OF
RICKY SPELLS
TO THE HOUSING CODE BOARD OF ADJUSTMENTS
AND APPEALS
And,
Councilwoman Henson seconded the motion, whereupon said Order was discussed,
passed and adopted by the Council by a vote as follows:
Yea: Thomas, Perry, Henson, Palmer, Smith.
Nay: None.
Next on the agenda was a request
from Patricia A. Thomas for an additional water allowance in calendar year
2010. City Attorney Ronnie Walton stated
that he reviewed this when he got his agenda packet and that the city’s
ordinance deals with adjustments on water bills, Section 25-40-D, paragraphs 1,
2 & 3. This allows only one
adjustment during a calendar year. Based
on what was in the agenda packet, this is the second adjustment that has been
requested in a calendar year. He wanted
the Council to be aware that they have an ordinance in place that addresses
this. Public Works Director Monty
Jackson stated the city did an adjustment back in January which was a small
adjustment. There was repair done to the
faucet in the kitchen, a toilet and the hot water heater. This second request is for repair done to the
faucet in the kitchen. Ms. Thomas did
not come to the water department regarding this adjustment. The Clerk of Council advised that Ms. Thomas
gave her a request at the last Council meeting for this second adjustment and
was advised how much the second adjustment would be if approved by the City
Council. Councilwoman Perry offered and
moved the adoption and passage of the following Order:
ORDER #14855 ORDER
AUTHORIZING AN ADDITIONAL ALLOWANCE IN CALENDAR
YEAR 2010
FOR PATRICIA A. THOMAS, 1316 44TH AVENUE, ACCOUNT
No.
7-323-0002, IN THE AMOUNT OF $309.39
And,
Councilman Smith seconded the motion, whereupon said Order was discussed,
passed and adopted by the Council by a vote as follows:
Yea: Thomas, Perry, Henson, Palmer, Smith.
Nay: None.
Councilwoman Henson offered and
moved the adoption and passage of the following Resolution:
RESO. #5689 RESOLUTION
AUTHORIZING ACCEPTANCE OF OFFER RECEIVED
FROM GREGORY
KILPATRICK SR. FOR PURCHASE OF SURPLUS,
FORFEITED
TAX LAND SURPLUS PROPERTY AND AUTHORIZING
EXECUTION OF
QUITCLAIM DEED
And,
Councilwoman Perry seconded the motion, whereupon said Resolution was
discussed, passed and adopted by the Council by a vote as follows:
Yea: Thomas, Perry, Henson, Palmer, Smith.
Nay: None.
Councilman Thomas offered and moved
the adoption and passage of the following Resolution:
RESO. #5690 RESOLUTION
APPOINTING DEPUTY COURT CLERKS OF THE
MUNICIPAL
COURT
And,
Councilman Smith seconded the motion, whereupon said Resolution was discussed,
passed and adopted by the Council by a vote as follows:
Yea: Thomas, Perry, Henson, Palmer, Smith.
Nay: None.
Councilwoman Perry offered and moved
the adoption and passage of the following Order:
ORDER #14856 ORDER
AUTHORIZING THE EXECUTION OF A COOPERATIVE
AGREEMENT
BETWEEN THE CITY OF MERIDIAN, MISSISSIPPI,
LAUDERDALE
COUNTY, MISSISSIPPI AND THE LAUDERDALE
COUNTY
ECONOMIC DISTRICT (WIDENING OF U.S. HIGHWAY
11/80 AT
MALONE RANCH ROAD)
And,
Councilman Smith seconded the motion, whereupon said Order was discussed,
passed and adopted by the Council by a vote as follows:
Yea: Thomas, Perry, Henson, Palmer, Smith.
Nay: None.
Councilwoman Henson offered and
moved the adoption and passage of the following Order:
ORDER #14857 ORDER AUTHORIZING MAYOR CHERI M. BARRY TO
SIGN
ACTIVATION
REQUEST ON THE STP PROJECT FOR WIDENING
U.S. HIGHWAY
11/80 AT MALONE RANCH ROAD
And,
Councilwoman Perry seconded the motion, whereupon said Order was discussed,
passed and adopted by the Council by a vote as follows:
Yea: Thomas, Perry, Henson, Palmer, Smith.
Nay: None.
Councilwoman Henson offered and
moved the adoption and passage of the following Order:
ORDER #14858 ORDER
AUTHORIZING THE EXECUTION OF CONTRACT FOR
PURCHASE OF REAL
ESTATE BETWEEN THE CITY OF MERIDIAN
AND ALAN
BELVIN
And,
Councilman Thomas seconded the motion, whereupon said Order was discussed,
passed and adopted by the Council by a vote as follows:
Yea: Thomas, Perry, Henson, Palmer, Smith.
Nay: None.
VETO
PACKET NO. 103
Motion was made by Councilman Smith
to over-ride the Mayor’s veto of Order No. 14847 entitled “ORDER AUTHORIZING
EXECUTION OF A ONE-YEAR CONTRACT WITH WASTE MANAGEMENT
FOR SOLID WASTE COLLECTION AT THE BID PRICE OF $9.57 PER HOUSEHOLD”. There was no second to the motion. Councilman Smith withdrew his motion.
Motion was made by Councilman Smith
duly seconded by Councilwoman Perry to approve a three-year contract with Waste
Management for solid waste collection.
Discussion was held at this time.
Councilman
Thomas: We are talking about $107,000
being charged to the City of Meridian for no better service, no different
service, same exact contract, same pick-up, same containers, same kind of
trucks, same thing - $107,000 difference per year. When we asked for proposals we asked for
proposals where we could pick and choose parts of the contract if we wanted
to. Waste Management said they would not
comply with that. They would take it all
or nothing which violates basically the request for proposals. It is my understanding with the committee
members he talked to, they said they would not do that. That was a variance with the contract. We have talked about the size of the
corporation and can they do the work.
They now contract with 93 cities, Patrick Air Force Base, FL, Kennedy
Space Center, FL, Cape Canaveral Air Station, FL, U.S.
Marine Corps Paris Island, SC. I don’t
think it is a question whether they can do the work. If you do that kind of contract work you can
do the work. Some people said the
company is too small to do the work (Waste Pro). Waste Management is a good company. They’ve done an acceptable job but they bid
higher point blank - $107,000 a year. We
are not talking about contributions. We
are not talking about pay backs. We are
not talking about hauling different amounts coming back to the city. We are talking about a contract to pick up
and dispose of this. It is
$107,000. We have heard comments about
workers. Whoever gets the contract is
going to hire workers. They are going to
have to have people to drive trucks, people to pick up garbage. They are going to have to be a lot of
things. The amount of time this city has
spend over $107,000, we have eliminated jobs, furloughed people and here we are
talking about spending $107,000 to get a service that we can get for less – the
same exact contract. I have no heard yet
why it is best. I have heard there was a
law suit which there wasn’t. I have
heard that people won’t get jobs. They
will get jobs with whichever company does this thing. If Waste Management gets it they are going to
hire people. If Waste Pro get is they
are going to hire people. You are going
to have the same amount of people. I
don’t think there is going to be any difference but I still haven’t heard why
it is best. Right now we are charging
residents $12.00. We have a bid from
Southern Waste on a new contract – totally new contract. If we go with the contract we requested it
will save $600,000 or $700,000 in the difference in services that we have now
and what we are looking at. We are going
to once a week, we are going with carts, every other
week recycling. One company says they
will take the glass and the other company says they won’t take the glass. If we do this we are taking that amount of
money from the city’s operating budget - $107,000. Right now we are also asking for property
taxes to help support this program which means that the people who have the
biggest houses and the biggest tax bill are going to pay more for garbage than
the people who don’t which is OK I guess in some ways and some ways not. I am still waiting to know why it is the best
bid. I am not going to vote for
something that I can’t hear definitely says the best bid because I personally
become responsible for about $35,000 – personally. If we award the contract wrong and it doesn’t
hold up, City Council members who vote for it become personally liable for the
contract. $107,000 is about $35,000
each. At my house I don’t’ have an extra
$35,000 to give away. There are a lot of
questions. You have letters you were
given from attorneys telling you potential violations of the bid process if you
do thins. They can do the job, they have
done the job, they are a big company. I have also heard we don’t have any
complaints. Waste Management does great
and they do a good job. (He held up a
folder.) This is a list of the formal
complaints we received this year and the year is not over. They are the official complaints and they
don’t include the things where somebody said you need to go pick up this. The good thing about them at the present time
is they pick it up. But, if I pay for
something why should I have to pay and ask again for them to come do it. I don’t understand that. If I pay for something I should get it. I shouldn’t have to go back and forth, back
and forth. There are statements in here
we have from Corlew, Munford & Smith.
There are three or four paragraphs about this. You need to look at this. You need to look as when they say there are
suits involving Pontotoc County, Clairborne County and you need to look at it
when you say this is the best contract.
We know it is not the lowest.
That is a fact. You have the figures
there in front of you. It is not the
lowest. You can’t argue with the
numbers. This is not the lowest
contract. So, the only way we could
legally, and I am not an attorney, the attorney can tell you that, if we act
ethically to the voters of this city, when we have people who have been
furloughed, we have eliminated 30+ positions and here you talk about spending
$107,000 a year that we could use for other city projects. I hear complaints about ditches that aren’t
cleaned. We don’t have enough
police. We don’t have enough
firemen. We need to fix the
streets. But, when we are getting ready
to give away $107,000 to get the same thing you had with the other
company. I think they are both good
companies. It is not a problem with the
companies. The problem is the money -
$107,000 a year. If this goes thru,
unless I have some way to find out this is the best contract I have a real
concern. If we pick and choose in the
contract the city could pick up the waste – the rubbish. We have a way to do that I am not against
Waste Management said they can pick up rubbish and bulky waste lower, give them
that. That is the only area they are low
on. Give them that but they said they
won’t take that. They want all or
nothing. That is what I was told. So how can you give away tax payers’ money? We are not floating in money up here
folks. There are a lot of different ways
we could do this thing. Bulky trash, the
city could pick up for about $390,000 according to my estimates I have got and
I have asked people. You could go with
Waste Pro for the rest of it and it would be about $990,000. They said they are willing to pick and
choose. I cannot vote to give away tax
payer’s money when we are in such a tight position financially. We are looking at potentially this year if
the economy doesn’t get better to do more furloughs and more personnel
cuts. There are streets I drive down
that $107,000 would help – it won’t go far but we could do something. I see bushes that $107,000 could cut a lot of
bushes. I don’t see how you can justify
and I still want to hear what is best.
We already know what the figures are.
We know the cost. The lowest cost
is Waste Pro. And, again they serve 90
to 100 cities. They serve military
bases. The federal government requires
these people to do the job. How can you
not. I don’t think the Marines would
accept an unacceptable performance of the job.
So, when people say they can’t do the job, what are you basing that on? Anytime we have complaints and we are going
to have complaints. I don’t care who
picks it up there are people who are going to complain. I am real concerned with giving away
$107,000. If you want to give Waste
Management the part they are lowest on which was the bulky, give it to them and
then let’s go with the company who will do the rest of it cheaper. I have no problem with that.
Councilwoman
Perry: I think in all fairness when you
say something make sure it is true. I
asked the Mayor for a copy of the proposal from Southern Waste. She gave it to
me. But in giving it to me she also gave
me a sheet from Waste Management. We
were told that they demanded that all of it go together and I read what the
four options were. The companies, I
think I said in the last meeting, you don’t give a company the opportunity to
say what the options are to a contractor and penalize them for it. We were told that they said they would not
take anything other than that. I read
what they wrote and they wrote I assume you are to put all of this together. I did not read anywhere that they demanded
it. The word they used was “assume”. In fairness say what they said and I read it
because she gave it to me and it said I assume all of this is going
together. That is not a demand. (She got the folder of complaints that
Councilman Thomas had.) She said a lot
of those in there are min and the reason we have these are they are things that
are out of compliance. Some of them are
legitimate complaints where they were not picked up but the majority of these
are items that are out of compliance. Go
through them and see them. They have
picked mine up and you will see it. This
is what we turn in. Most of this should
have been given to Rev. Hopkins. We were
supposed to call them in to our council clerk so that is what we have done and
this is why she kept it. But most of
those are out of compliance. I think
when we first started having real problems with pick up those were leaves,
limbs, glass and everything else was included.
I think at every Council meeting I said something about please separate
your leaves especially during leaf season and I steadily calling them in. The only thing I wanted to say now was please
give credit to what people actually said and those things most of them are out
of compliance.
Councilman
George Thomas: I would move when we get
to that point that that we award Waste Management the rubbish and bulky waste
and the rest to the other company.
Councilwoman
Perry: They were low on another area –
bulky. They were $1.09 higher in one
area also.
Councilman
Thomas: Which area were they lowest in?
Councilwoman
Perry: You said the one they were lowest in.
They were also lower in another area where it was $109.00
different. This was not the same sheet
we were given. That is a different
sheet.
Councilman
Thomas: So where did you get that other
sheet?
Council
President Palmer: Let’s move along. We can come back around so everyone can have
a second time at it.
Councilwoman
Henson: One thing that is on my mind is we are approaching the drop date –
September 30th when the six-year contract that Waste Management had
will expire. We can only in our wildest
dreams imagine what will happen then.
Also, there is a possibility that this Council will face a legal lawsuit
if it is determined that their choice is not the lowest and best and Dr. Thomas
has addressed that very well. So I am
just very much encouraging everybody to remember that we are approaching that
September 30th date very, very soon and we need to work this thing
out.
Councilman
Smith: I talked about it the other day
at the last meeting about the truck downtown and never got an answer. Everybody looked at each other and wondered
why I was mentioning that. You have to
have a small truck downtown. I figured
out $12,000 to $13,000 more a month – that is a $1.00 and something per
household more. That is not in the
contract. That is in the Waste
Management contract not in Waste Pro’s.
I have six things that are not in Waste Pro’s contract but Waste
Management does it. Number 1 –
freshwater treatment plant they have an 8-yard container they pick up once a
week – no charge. North Meridian water
plant an 8-yard container they pick up once a week – no charge. Meridian city garage an 8-yard container – no
charge. Meridian city garage a 6-yard
container – no charge. Dentzel Carousel
an 8-yard container – no charge. Frank Cochran Center an 8-yard container – no charge. This is all from Waste Management which they
don’t charge us for that but is not in the agreement. I did not see anything where Waste Pro was
going to do that. That is something
serious to look at. That is something
they donate - $8,022.50 a month.
Councilwoman
Henson: That is the containers that we
have at our business that Waste Management provides at those places.
Councilman
Smith: $8,022.50 for a total of six
cents per household. But, that is
something that is not even being brought up.
We are talking about $8,022.50 per month.
Councilwoman
Henson: That would be the equivalent of what you think they would charge.
Councilman
Smith: Yeah, but it is not in the contract.
Councilwoman
Henson: But that is what they do out of the goodness of their heart.
Councilman
Smith: That is exactly right.
Councilwoman
Henson: Then that other company might do
the same thing.
Councilman
Smith: Nobody stated and the company she picked did not mention that. They should have mentioned it.
Councilwoman
Henson: I have never seen that so I didn’t get that and evidently it wasn’t
mentioned.
Councilman
Smith: She’s got the professionals she
says who looked at this so they ought to know about that. Did you tell Waste Pro? It wasn’t in the bid. In other words we are going to do away with
these containers and we are going to do away with trash downtown.
Public Works
Director Monty Jackson: The trash
downtown is in the bid.
Councilman
Smith: How are they going to get back
there?
Monty
Jackson: That is their problem.
Councilman
Smith: There you go.
Monty
Jackson: They are going to pick it up behind the buildings.
Councilman
Smith: They are going to pick it up behind the buildings? That is the only way they can do it. They don’t have a truck per se to go back
there.
Monty
Jackson: This is a service they would
provide.
Councilman
Smith: Here’s my motion tonight.
Councilman
Palmer: OK. Have you finished the discussion there?
Councilman
Smith. I have finished the
discussion.
Councilman
Palmer: The motion is on the floor
already.
Councilman
Smith: What is the motion?
Councilman
Palmer: Pam, please read the motion for
everybody’s benefit.
Clerk of
Council Pam McInnis: This is what you
are discussing, accepting the bid of Waste Management for solid waste
collection and authorize execution of three-year contract for said work, for
the bid received in the amount of $9.57 per household.
Councilman
Smith: Let me make one more statement.
Councilman
Palmer: That is all the discussion
now. We are going to finish and make
sure everyone has the opportunity to talk and I have got mine coming.
Councilman
Smith: What I would like to do is get
the Mayor to talk with Waste Management and talk to them about instead of
charging $2.00 per ton at the landfill to charge $3.00 per ton and that would
over-pay, that would over-pay the $107,000 George is talking about. And, I don’t know if Waste Management would
do it or not but I am pretty sure they would if the Mayor asked them.
Mayor
Barry: That is a totally different
contract.
Councilman
Smith: We are talking about saving money
for the citizens. That is what you told
me.
Mayor
Barry: Exactly, we certainly are.
Councilman
Smith: Is this saving money if we get
$200,000 a year from them versus $60,000?
Mayor
Barry: That could certainly be
approached but that has nothing to do with the contract at hand.
Councilman Smith: I don’t understand the way ya’ll done this. I don’t
understand it at all. If Waste
Management gives us more money for tonnage out there to be a good neighbor to
help the city, county and us, it looks to me like that is money coming to
us. If they give us $60,000 and they
want to put $2.00 more on the trash to make it $250,000 we would say that is
money going to the city.
Mayor Barry:
I think that would be absolutely fabulous if Waste Management would like to do
that. But, we have a 25-year contract
with Waste Management and they have been running the same program for $1.00 a
ton for any garbage outside of Lauderdale County. That is the host fee. If they would like to come up and give us
$2.00 extra a ton that is absolutely the best news I have heard. That still doesn’t have anything to do with
the collection of garbage.
Councilman
Smith: That has money coming in.
Mayor Barry:
That is right. That is more money for
the citizens of Meridian so we can hire more people and do more things for our
citizens. It has nothing to do with
spending $107,000 more of taxpayers’ dollars.
Councilman
Palmer: I am sorry. That was supposed to be all up here right
now. I still have my opportunity.
Councilman
Smith: Ok, go ahead.
Councilman
Palmer: Now we are talking, all I hear
is $107,000. All we are talking about is
sixty-nine cents per individual household per month. And, I haven’t found an individual yet who
had any problem with that. Sixty-nine cents a month.
Yes, if you multiply by 12,927 and multiply by 12, yes you will get that
$107,000 difference. But, we are covered
by the State Attorney General and we are covered by the courts
which says the best, the lowest and the best. Now as Dr. Thomas has made
it plain and yes $8.88 is less than $9.57 by sixty-nine cents. In our, this is our opinion, and nobody can
sue for your opining on that and so we are wasting time and it would be a
frivolous suit to even attempt it. Okay. Now as far as my dealings and I was there
from the day when we signed, I was the hold up.
Mrs. Henson and Dr. Thomas went one way.
No, Dr. Thomas went going with Waste Management with Mr. Norvin and Mrs.
Henson and former Councilperson John Robert Smith. I held out and that was particularly I was
worried what was going to happen to the workers. Somebody said I don’t care about the
workers. Yes, I do. So I held out for that. Waste has been a good partner and a good
neighbor and a good citizen of the citizens of Meridian. Waste promised us that they would come in
here and build a local office. They came
and they did that. They brought all
their trucks, etc. within Meridian. They
pay about $41,000 for taxes and about $39,000 for tags, etc. Yes, it is all the information. We got it over the time. As a result they are working with us so
closely and I have never had a request of Waste that I was refused. That is the truth. I can give that all the way through. They have done things that I know and that I
knew were illegal. Now I am going to
alter this a bit. Now we were talking a
minute ago about that particular pick up and Mr. Smith was on the same route I
am on. It has always been my opinion
that everything that is taken up for waste is supposed to go to waste, and
somebody is going to tell me something different. If it is, I guarantee we will pass an order
that will make a change and that you can be guaranteed of because if they are
giving back the host fees and so forth it is supposed to go into waste. Everything that is associated with waste is
supposed to go to waste. We can’t hire no people off $107,000 because it doesn’t go for that
purpose, it goes to waste and it won’t be going into the general fund unless it
is so. It might go in there but it is
going to be designated and paid out where it is supposed to. Now that is wrong and I have asked for an
opinion about that and I will get a legal opinion about it. Now, we are talking about the other part as
far as disposal is concerned. 1.6 mils
brought in $560,000 last year. Isn’t
that right Mr. Skipper? And, with the
reduction of property, it is OK, no problem, I got it, I don’t know what kind
of mind I have now but I can remember every word I wrote OK, so this year with
the property values going from $350,000,000 to $337,000,000 it is going to drop
somewhere around $13,000, so as a result, I mean somewhere around $513,000, so
as a result this money is supposed to go into the disposal of waste. We had another instance that we have and that
stack of stuff there that you should have put in the junk pile because it
wasn’t worth the paper it is written on and that is all those complaints. I have go at least 35 – 40 and the reason
they are in my file is because I call Pam and I tell her each time I go out and
see something that is not right, I will call Waste Management first and then
call it in to her so if somebody said you didn’t report it all we had to do was
pull it out of the file. I could go
through there and find any number, I have gone through your Ward Mrs. Henson
and you have come into mine. I have gone
to your ward. For instance, that house
on 34th Avenue & 17th Street that stayed piled
up. I called Mr. McDonald. Mr. McDonald do you remember that? I called you about a house on 34th
Avenue & 17th Street and you had it picked up. OK, so if you are wondering about my memory
it is good. Now I and I can attest to
this, the reason and I don’t have any special love of anybody as far as this is
concerned, but it is for the best. I
told the Mayor the other day that when I come down here it is for business,
never personal. If you want to get at me
personally you have to come to 4409 11th Street. That is the only place and I wouldn’t advise
that either. But I don’t do anything but
deal with city business. The citizens of
my ward and the wards I talk to, I have had one person ask me why are you treating the Mayor like you are. That is the only one I got and when I
finished they were apologizing and going on about their business. She knows and I told her to her face everything, that I don’t go behind her back and talk. Now Waste to me is the best and with all the
amenities and exceptions they are making and the contributions they are making,
it makes them even if they charged for some of those that would be lowest by
any stretch of the imagination. Now
somebody said you are going to get sued.
So what.
Who cares.
But I tell you it will be a frivolous suite because we are protected by
the Laws of Mississippi that says lowest and best and I said Waste has the best
and now I have argued this before and I am not going to change it for
anybody. If I didn’t believe that I
wouldn’t say it but we are going to get that thing straightened as far as the
pick-up regardless of who is to pick up, who does what. We are going to get it straight. Now anybody who thinks are they going to sue,
go right ahead. But I tell you, you are
wasting your time.
Mayor
Barry: Mr. Jesse, may I address the
council?
Councilman
Palmer: Uh uh. I sat here and listened to everybody and
didn’t say a word or open my mouth and didn’t interrupt and I am not going to
allow it on me.
Councilwoman
Perry: Mr. Palmer, may I say why I would
think they would be the best? When I
read the contract and Mr. Smith read off where they are dumping, I know Waste
Pro owns their dumping sight in Kemper County and I know that they are going to
dump partially Kemper County or they have in the contract that Pine Ridge is in
there but my question is when he mentioned the 4 or 5 places where they dump,
what happens with all of this stuff not dumped in Lauderdale County. What that cost us is not in the contract
because I read it. And, I was told by
administration sitting here that no it is not in the contract. I said doesn’t that mean that we are going to
have to pay a $1.00 or so if they should dump outside and it was stated yes, so
that is not in the contract. That is an
added feature and the other thing is it was stated also that if they had to go
a certain distance it might run more than $1.00 based on the distance that they
carried it. So, when you look at the
fact that 1.6 mils is no longer being collected
because we pay that extra $13.00 to Waste Management last year that is not a
problem. Our citizens regardless to who
gets it, I don’t care who gets it, it will be $12.00
to them. But, if you are dumping outside
Meridian it will be an additional amount to our city because they are dumping
outside Meridian. And, I said this
before, we have different places for dumping different materials and the glass
that was mentioned as an option, the company said they will not take certain
color glasses. So, if Mr. Smith’s
proposal that he just made, and I asked where this came from when I got her and
read it on my desk, and it says based on the calculation, the host fee paid to
the city taken to Pine Ridge landfill would be increased from the current $1.00
to $3.00 per ton and if that is the case, that is three times the amount he
mentioned which is more than $107,000 should that come to pass.
Councilman
Palmer: Now the last thing I will say…
Councilman
Thomas: She got to speak a second
time. I would like to speak second.
Councilman
Palmer. I just gave her an intermission
on my time. You had yours.
Councilwoman
Perry: No, he didn’t because he was
talking about some problems and I was talking about correcting these
problems. I never stated my reason. I made a point of saying, only saying
it.
Councilman
Palmer: I gave her part of my time.
Councilman
Thomas: Well I get part of your
time.
Councilman
Palmer: No, I’m not giving you
anything.
Councilwoman
Perry: Give him some time.
Councilman
Palmer: Nothing, absolutely
nothing.
City Attorney
Ronnie Walton: Mr. Palmer, can I address
you. I just wanted to remind you that
you are traveling under a state statute that requires you when you are
considering awarding a contract for solid waste collection to not go under what
most people go under as just accepting the bids. You have to go over a request for proposal
and that is the procedure you adopted.
And, you have put out a very detailed description to anybody who wanted
to make a proposal as to what the rules and requirements would be for the
proposals. It is in there that says once
the deadline for submitting proposals passes, and that deadline is July 15th,
that the proposals may not be modified, withdrawn or cancelled, which protects
the city from the standpoint of keeping someone who might have made a bid and
reflected on it later saying they don’t want to go forward with it. They are stuck with it for 120 days. They can’t modify it in any manner. That, by my calculations, that 120 days is
going to run somewhere in the middle of November which is we are going to be a
month and a half outside the existing contract we have if that happens. The case law in Mississippi as I have had the
opportunity to study in preparing for this issue, is that there are a lot more
cases that deal with the bid process but they all generally talk in terms of
the public’s interest is served by accepting the lowest bid. If you don’t accept the lowest bid it is
incumbent upon you as a governing body to explain why you didn’t accept the lowest
bid. For your own protection you need to
have in your minutes the detailed calculations that would help us understand
why it was not the lowest bid and a summary of whatever your facts were that
you based your decision on. I wasn’t
your lawyer for either of the two meetings that you discussed this thus far but
I have gone back and reviewed your minutes and have tried to pull out the
things from the minutes that I think would serve as a factual basis for a court
to look at to see what you based your decision on. In your August 19th meeting where
you originally voted to award the contract to Waste Management you had in your
minutes that your professional committee had recommended to you that you award
the contract to Southern Waste based on $8.88 per household versus $9.57 per
household that was Waste Management’s bid and that was going to result in a
savings of $107,000. Ya’ll made these kind of comments.
You expressed concern about the employees of Waste Management. You said that Waste Management had a proven
track record. You expressed some concern
about a previous short-term contract that the city had with Southern Waste
which there was a disagreement about that.
And, you said in the minutes that you didn’t feel like you were
obligated to give it to the lowest bidder because Waste Management already had
facilities and equipment in place. On
September 7th when the motion to enter just a one-year contract to
see if you were satisfied after a year your could get out. As I understand the way the contract is now
and any contract you enter into, if you have a valid reason you can get out of
the contract at any time if you have a sure enough basis to do that. You said in your minutes that the lowest bid
is not always the best bid and that Waste Management has done a good job and deserves an opportunity to do a good job. If you get yourself in a situation where you are having to defend your actions in not awarding this to
what your professional staff is telling you is the lowest bid, those are the
facts that a reviewing court is going to base its decision on. And, you need to be concerned from each of
your individual standpoint whether or not somebody may judge you after the fact
as acting arbitrarily and capriciously and not awarding the contract to the low
bidder. I feel like it is my obligation
as your lawyer to make sure you are aware of that. Those are the facts you are going to have to
live with going forward because under the RFP you put forward there can’t be
any modifications in it for 120 days. We
are going to be way on down the road before that happens. And, if you come back now and attempt to vary
the RFP at all I think you are setting yourself up for the low bidder to come
in and seek some legal action against you.
I shared with you the letter I got that Mr. Thomas made reference
to. They have written two letters saying
they are ready, willing and able to perform based on their bid,
that they are eager to work with the city in any way possible to try to
make this work.
Councilman
Smith: We know all that. Just give us the legal technicalities.
Mr.
Walton: I have told you what I
think.
Councilman
Palmer: In all due respect, I never make
wide open statements unless I have some facts to back it up. The bid, lowest and best, it said in your
estimation that the one who is in service or anyone, that you have that right
to make that decision. Now, that is the
law. Now, if it is wrong we need to go
down and tell some of the judges they need to go back and check it out again
because it comes from the Attorney General’s office and it also was read to me
from a case law. That is all I said –
they are the best in my estimation because of the service they were in position
to provide. That is the major part that
I had to say. And the next one, I guess
someone is going to hop up on this one, if anyone attempts to litigate against
us, you do not have to award them any contracts. Now check that one out if they want. I was here when that occurred. We paid $50,000 to Southern Waste. They said they were not picking up enough or
getting enough to cover so as a result I am quite sure somebody’s memory is
going to go back because Ed wrote the check, ok. We paid them $50,000. Mr. Bill Hammack was the lawyer at the time
and he made the suggestion that we pay the $50,000 because it would cost us
more to go to court and we still might lose because there was a contract. Did you say Mr. Walton that it was blank? It was not.
Mr.
Walton: The contract that Mr. Hammack
sent to me was one that was an unexecuted contract.
Councilman
Palmer: Well we had the executed
one. Who keeps those in the record
Mayor, all those contracts?
Mayor Barry: Mr. Skipper.
Councilman
Palmer: Well Mr. Skipper should
know.
Councilwoman
Perry: May I ask Mr. Skipper how much we
paid?
City Clerk Ed
Skipper: I can’t answer that question at
this time.
Councilwoman
Perry: Ok.
Councilman
Palmer: That’s OK. We already got the
answer so don’t trouble Mr. Skipper.
Mayor, I offer you an opportunity.
Mayor
Barry: Well, we have spoken several
times about this contract. I too do not
have a dog in the race. I don’t really care who gets the contract. I am looking out for the citizens of Meridian
and that is what I was charged to do. We
have two great contracts in front of us.
In the process we put a committee together to look at what was in the
best interest of the citizens, what was the best and lowest contract for the
city and this committee selected Southern Waste. On behalf of both of the RFPs what I found
was that there were four exceptions that Waste Management produced in their
RFP. One of the Waste Management
conditions was “assumes all services will be awarded to one contractor for all
services and they will not be separated”.
Basically that means Waste Management will take all or nothing. They did not quote on individual services
like Southern Waste did. The second one
was Waste Management’s proposal request for negotiation for the addition of a
CPI and fuel adjustment clause and conditions beyond control of the contract –
“request removal of the cap of CPI or given the ability to make changes with
the City of Meridian Council approval after justification”. So that means under the CPI they could get
more or less compensation so there is no cap on that amount of money that could
be spent. So it could go up or go down,
whatever way Waste Management wanted because they are asking for the cap to be
removed.
Councilman
Palmer: So people will understand, you
are talking about the inflation. That is
when the CIP is adjusted up or down.
Mayor
Barry: But, the only company that put
the CPI in the exceptions was Waste Management.
Southern Waste did not have any exceptions whatsoever. The third one Waste Management was requesting
an extension beyond three years to be mutual options. The city could extend the contract for up to
six years for three more years. The last
thing was recycling. The proposal
assumes glass will not be collected - glass to be added by mutual agreement
which would be another agreement with the contractor. Once again Southern Waste did not have any
exceptions whatsoever. These are four
items that I think this committee looked at when they were giving you their
expert advice on what was the best and lowest bid for the City of
Meridian. I stand firmly behind my
decision that I feel like we have to look at what is in the best interest of
the citizens of Meridian during these hard economic times.
Councilman
Palmer: I understand that.
Mayor
Barry: We are laying people off. We are looking at furloughs and, Mr. Jesse, I don’t want to have to do that again. I lost sleep over that. If we are not using and being fiscally
responsible for our taxpayers’ dollars I think we have to each look at
ourselves so my recommendation to you is to accept the lowest and best price as
recommended by not only the Mayor but a team of experts with the City of
Meridian and let’s move forward with this.
You know I don’t want to wake up on October 1st and have
trash start to pile up just like you don’t and the citizens don’t. I think that we all as public servants need
to charges ourselves with taking care of the taxpayer’s dollars and $107,000 a
year for this contract and I am not talking about anything else but the
collection of garbage and it is $107,000 difference. For three years that is $321,000 difference. As far as the host fees, this year we
received right at $46,000 from Waste Management for the host fees. Ten years ago or 12 years ago we received
$177,000 for the hosting fees so that has come down considerably over the last
12 years. Once again, that has nothing
to do with the contract in question which is the collection of garbage. We have an opportunity to save $107,000 which
will save jobs in this community. It
means if we have that money we could put it towards policemen, firemen, public works.
Councilman
Palmer: Mayor, I will accept that. I gave you part of my time. Now I am demanding my time back. We are totally and completely in violation of
the original contract. Waste Management
was supposed to get it all. We allowed
our former mayor to siphon it off because Rev. Hopkins who had the
responsibility of picking up everything that was not compliant, he did not have
workers or people there. That was before
you came, Mr. Jackson. That was under
Benny Wolfe, ok, that is where most of it.
But we are and Waste could have called our hand on it because SOWACO was
not supposed to be nowhere near there.
While we were out negotiating that contract it was strictly supposed to
be Waste Management, ok. So we have
cheated Waste Management over the years out of additional funds in placing this
waste there. Now I was there every
morning on the negotiations so I am not going to have to …
Mayor
Barry: Mr. Jesse, I don’t understand
that. I mean I would like you to explain
that to me.
Councilman
Palmer: Very simply, I am saying there
was not supposed to be any small companies on the side who were just giving a
local company something to do. They were
not supposed to be in the original contract.
Waste was the only one in that contract.
Now, I sat there each morning that we met. I can’t remember where we met but that was
the contract and I have Mr. Buford Clark who is sitting in the auditorium and
he could verify. This is my saying we
had it that Waste would pick up according to the number of households that had
water accounts. Rev. Hopkins had to go
out and count every one. Someone said we
are even collecting from them even though there is no water account. But the health department would love to hear
about that - that we have people who are living in a
house that don’t have water. I am quite
sure they would frown on that heavily.
But these, the only reason I can talk so accomplished about it is
because I was there. Ya’ll came on 13 months ago.
I was there 21 years ago and I attended every one. I was on the committee with Mr. Norvin
Wilson. That contract – that is the way
that contract read and I was floored when Mr. McDonald said what he did. I didn’t know that. I thought we were picking up according to the
number of water accounts because how in the world are you going to collect from
a place where nobody lives. That is
impossible. That can’t be so. But, we are going to have someone study and
find out because I would still that all monies collection that are associated
with waste should go to waste. Then
maybe we won’t have to charge people all that extra money but that is it. We have had this for long enough. Unless members of the
Council have additional, if not we will go to the motion.
Councilman
Thomas: I want to speak.
Councilman
Palmer: (banged gavel) Call for the question.
Councilman
Thomas: I want to speak.
Councilman
Palmer. I hate it, you don’t speak
then. You just been closed up.
Councilman
Thomas: So you are denying a Council
member the right to speak?
Councilman
Palmer: Yes sir. With this gavel I so declare.
Councilman
Thomas: Ok.
Council-woman
Perry: Mr. Palmer, I wouldn’t do
that.
Councilman
Thomas: That is Ok. That is his decision.
Councilwoman
Henson: Mr. Palmer, what I had to say
was real important.
Councilman
Palmer: I have it in my hand (indicating
the gavel) and I am the one who says what is going to go so we are going to the
motion. All of those in favor of the
motion.
Councilman
Thomas: Would someone read the
motion.
Councilman
Palmer: It’s already been read once
before so we will not read it again.
Councilman
Smith: Pam, will you read the motion.
Councilman Palmer: We are not in the Senate of the United States
so we don’t have to do that. It has
already been read. Ok, we are ready for
the motion now, those in favor.
Councilwoman
Perry: What is the motion?
Councilman
Palmer: Mr. Smith’s motion for the contract with Waste Management.
Councilman
Smith offered and moved the adoption and passage of the following Order:
ORDER #14859 IN THE MATTER OF: ACCEPTING THE BID OF WASTE MANAGEMENT
FOR SOLID
WASTE COLLECTION AND AUTHORIZING EXECUTION OF
A THREE-YEAR
CONTRACT FOR SAID WORK
And,
Councilwoman Perry seconded the motion, whereupon said Order was discussed,
passed and adopted by the Council by a vote as follows:
Yea: Perry, Palmer, Smith.
Nay: Thomas, Henson.
Motion was made by Councilman Thomas
duly seconded by Councilwoman Perry and passed and majority of the Council to
approve the claims docket dated September 16, 2010 in the amount of $2,789,000.68. Voting yea: Perry, Henson, Palmer, Smith. Voting nay: Thomas.
Notification of legal
advertisement: a) South Industrial Park
wastewater treatment plant improvements; b) RFP for engineering services.
President Palmer called on Mayor
Barry for her report. She commented on
the trip to Washington regarding the public safety facility; sales tax
revenues, Halloween will be on Saturday October 30th from 5:00 p.m.
to 9:00 p.m.; Buffalo Wing Wings coming to Meridian; 26th Avenue and
29th Avenue bridge project to be finished by the end of this month;
Handy Hardware; Monument Park; paving of 15th Place by the county;
demolition of structures. She presented
a proclamation for Senior Corps Week to RSVP and Foster Grandparents. Kevin Lock appeared representing the employee
council and made comments regarding the discussion concerning waste collection
and the comment made about concern for Waste Management employees losing their
jobs. He said they are concerned about city
employees especially in light of the furloughs and lay-offs.
President Palmer called for citizen
comments. Mrs. Virginia Coleman, 3104 10th
Street, appeared and congratulated and thanked the fire department for saving
her life.
President Palmer called for Council
comments. Various comments were made.
There being no further business to
come before the Council at this time, motion was made by Councilman Thomas duly
seconded by Councilwoman Henson and passed by a majority of the Council to
recess the meeting until Thursday, September 30, 2010 at 9:00 a.m. Voting yea: Thomas, Perry, Henson. Voting nay: Palmer, Smith.
Respectfully submitted,
Pam
McInnis, Clerk of Council