HomeMy WebLinkAbout1989-09-28 - City Commission Special Meeting Minutes'AMARAC FLORHLJA 33370
RECORD OF COUNCIL ACTIONS/DISCUSSIONS
SPECIAL MEETING
CITY COUNCIL OF TAMARAC* FLORIDA
There will be a Special Meeting of the City Council on
Thursday, September 28, 1989, at 2:00 P.M. in Conference
Room #1 of City Hall, 7525 NW 88 Avenue, Tamarac, Florida.
The purpose of this meeting is as follows:
1. DISCUSSION AND POSSIBLE ACTION regarding a
self-insurance plan for liability insurance.
FINAL ACTION:
It �s the intention of the City Council, on behalf of
the City, to enter into a binder agreement with Arthur
J. Gallagher & Co. and a formal contract to be drafted
and brought back to the Council.
2. a. MOTION TO APPROVE the transfer of funds for the
Police Building udget in the amount of $17,400.00
to cover actual total and anticipated expenditures
at September 30, 1989.
b. MOTION TO APPROVE the transfer of funds for the
insurance operation budget in the amount of
$5,000.00 to cover actual total and anticipated
expenditures at September 30, 1989.
FINAL ACTION:
APPROVED a. & b.
3. MOTION TO ADOPT Temp. Reso. #5565 amending Resolution
No. R-89-228 which revised the pay plan of a part time
Structural Plans Examiner.
FINAL ACTION: RESOLUTION NO. R-89-258 PASSED.
APPROVED.
4. a. MOTION TO ADOPT Tem Reso. #5566 approving an
Agreement with Robert K. Swarthout, Inc., to update
the City's Land Development Code.
b. MOTION TO ADOPT Temp. Reso. #5567 approving an
Agreement with Siemon, Larsen & Purdy to update the
City's Traffic Impact Ordinance (Chapters 24-45
through 24-54 of the City Code).
FINAL ACTION: RESOLUTION NO. R-89-259 PASSED.
APPROVED a. & b. RESOLUTION NO. R-89-260 PASSED.
The City Council may consider and act upon such other
business as may come before it.
All meetings are open to the public.
Pursuant to Section 286.0105, Florida Statutes
tf a person decides to appeal any decision made by tM dly
Council with respect to any matter considered at such meetft ar Carol A. Evans
hearing, he will need a record of the prooeedings and for such City Clerk
purpose, he may need to ensure that a verbatim record includes
tl b testimony and evidence upon which the appeal is to be based
CAE/nr
CITY OF TAMARAC
CITY COUNCIL SPECIAL MEETING
THURSDAY, SEPTEMBER 28, 1989
CALL TO ORDER: Mayor Abramowitz Called this meeting to Order on
Thursday, September 28, 1989 at 2:00 P.M. in Conference Room #1 (City
Clerk's Office) .
PRESENT: Mayor Norman Abramowitz
Vice Mayor Dr. H. Larry Bender
Councilman Bruce Hoffman
Councilman Henry Rohr
ABSENT AND EXCUSED:
Councilman Jack Stelzer
ALSO PRESENT:
Mike Couzzo, Acting City Manager
Richard Doody, City Attorney
Carol A. Evans, City Clerk
Ken Burroughs, Finance Director
Kelly Carpenter -Craft, City Planner
Peter Mack, Personnel Director
Susan Tillman, Consulting Insurance
Advisor
Pauline Walaszek, Special Services
Secretary
1. DISCUSSION AND POSSIBLE ACTION regarding a self -insured
plan for liability insurance.
SYNOPSIS OF ACTION:
It is the intention of the City Council,
on behalf of the City, to enter into a binder
agreement with Arthur J. Gallagher & Co., and
a formal contract to be drafted and brought
back to the Council.
Peter Mack, Personnel Director, said great effort and
work was put into the consideration of a self -insured
plan for liability insurance. He said the City was
fortunate in being able to realign their insurance
coverage. He said Susan Tillman would be informing the
City Council of the proposed plan.
Mayor Abramowitz said he listened to the Council meetings
of the Cities of Lauderhill and Deerfield Beach. He said
he was pleased that the City of Lauderhill was following
the City of Tamarac in creating their own self -insured
plan.
Mr. Mack said David Marcus, Representative from Gallagher
Bassett, Inc., was present.
Susan Tillman, Consulting Insurance Advisor, said after
the several budget meetings, she created a proposal. She
said the City embarked on a self -insured program for
Workers' Compensation approximately 2 years ago with
Arthur J. Gallagher & Company. She said the City raised
its deductible on Workers' Compensation to $100,000.00
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and the City paid its own claims under $100,000.00. She
said Arthur J. Gallagher & Company purchased insurance
for the City above that amount in case of catastrophic
losses.
Ms. Tillman said the claims experience was very
remarkable and the claims seemed to be lessening over the
past few years. She said she was recommending that the
City embark on a self-insurance program of a similar type
for their other areas of coverage, these being general
liability, auto, property, boiler and machinery and
errors and omissions insurance.
Ms. Tillman said for the last 10 years the City paid
approximately $179,000.00 in claims and approximately
$3,000,000.00 in premiums. She said the City should take
a little risk and embark in a self-insurance program.
She said the cost of the insurance was approximately
$185,000.00, with approximately $20,000.00 extra for an
errors and omissions policy.
C/M Hoffman asked what errors and omissions meant and Ms.
Tillman said this insurance was for negligent acts of
City employees for which the City could be sued.
Mayor Abramowitz said he sat through several sessions
regarding insurance and he was very pleased with the
information submitted by Ms. Tillman. He said he was
comfortable with the proposal submitted to the City
Council and with Ms. Tillman's expertise.
City Attorney Doody asked if there was a contract
available to execute.
Peter Mack said the contract would be approved by
Resolution and the agreement would be brought back to the
City Council after it was drafted.
Mayor Abramowitz asked if staff was looking for an
expression of interest and approval and Mr. Mack replied,
Yes.
Ken Burroughs, Finance Director, asked if the program
would be effective October 1, 1989 and Mr. Mack said this
was the intention.
Mr. Burroughs asked if the City would be bare until the
contract was approved and Ms. Tillman said the City was
presently covered until November 1, 1989; however,
approval was being sought for this contract on October 1,
1989.
Ms. Tillman said an Ordinance and Agreement would be
brought back to the City Council for approval.
C/M Hoffman asked Ms. Tillman to explain the protection
under the Sovereign Immunity Act, how the City was being
covered against Federal Lawsuits and any lawsuit that may
not be protected under the Sovereign Immunity Act.
Ms. Tillman said the City Attorney may have more
technical expertise on Sovereign Immunity; however, the
concept of Sovereign Immunity was that the City was
protected for more than $100,000.00 on tort claims. She
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said tort claims were negligence claims against the City;
however, there were several definitions regarding these
claims and she and the City Attorney discussed these
definitions.
Ms. Tillman said tort claims were always subject to
interpretation by the Courts. She said many Cities found
it feasible as opposed to paying for insurance because
they were protected and did not need additional
insurance. She said it was better to rely on the
Sovereign Immunity because the State of Florida was
providing $100,000.00 protection, unless an individual
went to the Legislature and received a claims bill or
filed Federal action in the Federal Courts and received a
judgment. She said these process took approximately two
to three years and the City could accumulate funding for
these cases during those years.
Ms. Tillman said she did not seen from the City's loss
experience that this has occurred in Tamarac for a long
time. She said with a good loss handling, it should not
occur.
C/M Hoffman asked if the City should carry insurance to
be protected against Federal action and Ms. Tillman
replied, yes, and out of State action. Ms. Tillman said
she recommended that an errors and omissions policy be
purchased for over $100,000.00, which covers negligent
acts against the City, which the act had to be called
negligent when the City was sued.
Ms. Tillman said she was recommending the self -insured
program providing the City develop a very strong safety
program by each Department holding safety meetings every
month, safety training for the employees continuously and
that the loss fund be funded every year and not depleted.
Mayor Abramowitz said the safety program was discussed
and the National Safety Council was willing to assist the
City in a safety program. He said the reserve would be
funded each year and he was very comfortable with the
proposal.
Joseph Schreiber, resident, asked if there was
information available for this program or, if the program
was in the process of being created.
Mayor Abramowitz said the City Council and staff held
several meetings on this matter. He said all of the
City's history was submitted to the City Council and he
would make sure that the information was available for
Mr. Schreiber to review.
Mr. Schreiber said he recommended this concept one year
ago and he was curious to know how the program would be
established.
City Attorney Doody asked
if the City was
covered for
liability until November
1, 1989 and Ms.
Tillman said she
erred and the coverage was
until October
1, 1989. City
Attorney Doody said this
was a different
scenario;
therefore, a contract had
to be executed
today.
David Marcus, representative of Arthur J. Gallagher &
Company, said the City presently had a contract with the
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company for Workers' Compensation. He said a sample was
submitted to the City as to what the self -insured
contract for liability would be like.
City Attorney Doody said the agreement would have to be
executed by October 1, 1989 and Mr. Marcus said if the
City's by-laws indicated that the agreement must signed
on October 1, 1989, yes.
Ms. Tillman said the City needed to bind coverage by
October 1, 1989, and City Attorney Doody asked that
Arthur J. Gallagher & Company submit binders to the City
by October 1, 1989.
Mr. Marcus said he would submit the binders tomorrow and
Mr. Mack said the expression of interest by the City
would enable Arthur J. Gallagher & Company to bind
coverage for the City.
Mr. Marcus said the contract was a claims administration
contract. He said the City was already under contract
with Gallagher Bassett, Inc., for Workers' Compensation.
He said there would be an agreement that the City would
handle their own claims for liability and, Tamarac was
the only public entity that would be able to have this.
Mr. Marcus said with the City Council's approval today,
he could deliver binders tomorrow, which would be the
City's evidence of coverage.
V/M Bender asked how long the binder would be effective
and Mr. Marcus said until the policy was enacted. V/M
Bender asked if there was no specific time certain and
Mr. Marcus said he would keep the binders effective until
the policies were enacted.
Mayor Abramowitz asked the City Attorney how the City
Council should act on this matter.
City Attorney Doody said he understood that Arthur J.
Gallagher & Company would submit written authorization to
the City, which was a binder that would cover the City
until an agreement was executed. He recommended that the
agreement be approved by the City Council as soon as
possible and he suggested that the City Council vote on
this matter now.
City Attorney Doody said the vote should state that it
was the City's intention to enter into a binder agreement
with Arthur J. Gallagher & Company for a self -insured
liability program.
* C/M Hoffman MOVED to APPROVE the City Council's intention,
* on behalf of the City, to enter into a binder agreement with
* Arthur J. Gallagher & Company and, with all appropriate haste,
* a contract come back to the City Council for approval, subject
* to the binder being binding until the agreement was before the
* City Council for action, SECONDED by C/M Rohr.
Mr. Marcus said the binders
would bind
the insurance
coverage until a policy was
issued. He
said a binder
would be submitted based on
the proposal
for a
self -insured liability program.
Mayor Abramowitz asked that
this matter
be expedited and
Mr. Marcus said the binder
would insure
coverage until
the policy was executed and
recorded.
Page 4
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VOTE:
ALL VOTED AYE
2. a. MOTION TO APPROVE the transfer of funds for the
Police Building budget in the amount of $17,400.00 to
cover actual total and anticipated expenditures at
September 30, 1989.
b. MOTION TO APPROVE the transfer of funds for the
'insurance operation budget in the amount of $5,000.00
to cover actual total and anticipated expenditures at
September 30, 1989.
SYNOPSIS OF ACTION:
APPROVED a. and b.
a) Ken Burroughs, Finance Director, said this was a housekeeping
chore which would provide a transfer to the Police
Building budget account so that the year end expenditures
for the Department did not exceed the budget. He said
the auditors were required to flag in their notes for the
financial statements any Department that exceed their
appropriations. He said monies were being transferred to
prevent these accounts from being flagged as over
appropriated.
Mayor Abramowitz said some accounts were over and some
were short. He asked if these transfers were averaging
out the accounts and Mr. Burroughs agreed. Mr. Burroughs
said the bottom line of the budget would not change.
C/M Hoffman MOVED to APPROVE this Item, SECONDED by V/M Bender.
GiAW=
ALL VOTED AYE
b. C/M Hoffman MOVED to APPROVE this Item, SECONDED by V/M Bender.
VOTE:
ALL VOTED AYE
3. MOTION TO ADOPT Temp. Reso. #5565 amending Resolution
No. R-89-228, which revised the pay plan for a part-time
Structural Plans Examiner.
SYNOPSIS OF ACTION:
RESOLUTION NO. R--89-258 - PASSED
City Attorney Doody read Temp. Reso. #5565 by title.
Mayor Abramowitz said at a previous City Council meeting
the Council was informed that two people resigned and
Acting City Manager Couzzo said this Item involved a
part-time Structural Plans Examiner in the Building
Department.
Mayor Abramowitz said when this matter was brought to the
City Council, they were informed that there was a vacancy
in the Building Department; however, this position would
not be added to the payroll.
Peter Mack, Personnel Director, said the payroll was not
being increased and the City was saving additional money
with this position because benefits were not associated
with it.
Mr. Burroughs said the Budget for Fiscal Year 1989/90
provided for this position at the correct rate. He said
the previous Resolution indicated the wrong pay rate.
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Mayor Abramowitz asked if this was a housekeeping matter
and Mr. Mack replied, yes.
* V/M Bender MOVED to APPROVE Temp. Reso. #5565, SECONDED by
* C/M Hoffman.
VOTE:
ALL VOTED AYE
4. a. MOTION TO ADOPT Temp. Reso. #5566 approving an Agreement
wI ht Robert K. Swarthout, Inc., to update the City's
Land Development Code.
b. MOTION TO ADOPT Temp. Reso. #5567 approving an Agreement
with Siemon, Larson & Purdy to update the City's Traffic
Impact Ordinance (Chapters 24-45 through 24-54 of the
City Code).
SYNOPSIS OF ACTION: RESOLUTION NO. R-89-259 - PASSED
APPROVED a. and b. RESOLUTION NO. R-89-260 - PASSED
a) City Attorney Doody read Temp. Reso. #5566 by title.
* C/M Hoffman MOVED to APPROVE Temp. Reso. #5566, SECONDED by
* V/M Bender.
Kelly Carpenter -Craft, City Planner, said the contracts
were received this morning and she distributed them to
the City Council. She said she was pleased that there
was an excellent response to the Expression of Interest
request. She said the firms responding were of a
national caliber, which were Robert K. Swarthout, Inc.,
Siemon, Larson & Purdy and Burke, Bosselman & weaver.
Mrs. Carpenter -Craft said the Negotiating Committee
consisting of City Manager Kelly, Mike Couzzo and herself
recommends that the City contract with Robert K.
Swarthout, Inc., to update the Land Development Code.
Mrs. Carpenter -Craft said because of the funds available,
staff would like the company to review the Code and make
recommendations as to the need for amendments. She said
the company would draft an Interim Level of Service
Ordinance, which would bring the City into compliance
with State Statute 163. She said this Statute required
the City to have their Land Development Codes up-to-date
by December 1, 1989; however, this could not be done.
She said this would provide for an Interim Code by
December 1, 1989.
Mrs. Carpenter -Craft said based on the result of the
work, the need for Phase II of the contract could be
decided at the end of Phase I. She said Phase II would
provide for a more complete update of the Codes. She
said the full scope of Phase II was not known until Phase
I was completed.
Mayor Abramowitz asked if Phase I would place the City
into compliance and Mrs. Carpenter -Craft agreed.
C/M Rohr asked if State funds would be received for this
project and Mrs. Carpenter -Craft replied, yes. She said
there were monies in the year's budget and the City was
entitled to a grant in the amount of $12,500.00 from the
State Department of Community Affairs. She said the
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application forms were not received yet; however, the
grant would be used to reimburse the City for the
expenditure. She said there would be partial State
funding for the project.
VOTE:
ALL VOTED AYE
City Attorney Doody said the contracts did not seem to be
in final form and there would be technical changes.
Acting City Manager Couzzo said the City Attorney's
Office would approve the final contracts and, if there
were any problems, they would be resubmitted to the City
Council.
b. City Attorney Doody read Temp. Reso. #5567 by title.
* V/M Bender MOVED to APPROVE Temp. Reso. #5567, SECONDED by
* C/M Hoffman.
Kelly Carpenter -Craft, City Planner, said the firm of
Siemon, Larson & Purdy was the grandchild of the Babcock
firm in Chicago, which was the firm that created the
bible on zoning for the United States. She said the firm
was not solely a Chicago firm and had an office located
in Boca Raton. She said Mr. Siemon was a South Florida
native and maintained his second home in Boca Raton;
therefore, the contract would not be with the Chicago
Office.
Mrs. Carpenter -Craft said this contract would assist the
City to understand the nature of any problems with and to
suggest improvements to the Traffic Impact Fees. She
said this was needed in the City.
Mrs. Carpenter -Craft said the contract was similar to the
contract for Item a. She said the City would be
receiving a review from the company with a suggested set
of revisions before the City authorized them to proceed.
Mrs. Carpenter --Craft said the actual work effort was not
known until the review was done. She said Page 3
consisted of a blank which she filled in by hand. She
said the amount was $25,000.00 and staff expected the
first Phase to be approximately $10,000.00 for time and
material. She said the work would be done on an hourly
basis. She said approximately $15,000.00 was expected
for the second Phase.
Mayor Abramowitz said the City needed this review for
several years.
C/M Rohr asked if State grants would be provided for this
project and Mrs. Carpenter -Craft said the State grant
discussed during the last item would be applied to this
project.
Mayor Abramowitz suggested that any opportunity for
grants be pursued. He said Dina McDermott, Assistant to
the City Manager, would be submitting a report to the
City Council in the near future regarding the grant
possibilities.
VOTE: ALL VOTED AYE
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With no further business, Mayor Abramowitz ADJOURNED th-i.S
meeting at 2:40 P.M.
NO MAN ABRAMOWITZ, MAYOR
CAROL A. EVANS, CITY CLERK
"This public document was promulgated at a cost of $51.40 or $6.43 per
copy to inform the general public, public officers and employees of
recent opinions and considerations of the City Council of the City of
Tamarac."
CITY OF TA1ViARAC
APP OVER AT MEETING OF / o ;2- `99
C ty Clerk
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