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HomeMy WebLinkAbout1991-05-23 - City Commission Special Meeting Agenda4 City Council Special Meeting 5/23/91/KJ Page 1 CITY OF TAMARAC CITY COUNCIL SPECIAL MEETING THURSDAY, MAY 23, 1991 CALL TO ORDER: Mayor Abramowitz called this meeting to order on Thursday, May 23, 1991 at 9:00 a.m. in the Conference Room #1 of City Hall., PRESENT• Mayor Norman Abramowitz Vice Mayor Dr. H. Larry Bender Councilman Irving Katz Councilman Henry Schumann Councilwoman Diane Glasser ALSO PRESENT• John P. Kelly, City Manager Alan F. Ruf, City Attorney Dina McDermott, Assistant City Manager Mike Couzzo, Assistant City Manager/Director of Public Works/Parks and Recreation Ray Briant, Fire Chief Mary Blasi, Finance Director Karen Jackson, Secretary ************************************************************************ 1. Sale of old City Hall. Further discussion will be held at a Special Council Meeting on Tuesday, May 28, 1991. City Manager Kelly said during the last few months after the newspaper article regarding the sale of the old City Hall, the City has had renewed interest. He said there have been three additional offers for Council's consideration which have never been addressed by Council: 1. The Pine Island Baptist Mission offer for $250,000.00, which has not been .formally dismissed by Council. He said they had given the City a check for $1,000.00. Mayor Abramowitz said he understood that Council had decided that they did not want to entertain this offer. City Manager Kelly said the representatives of the Pine Island Baptist Mission would like to know if Council would like to make a counter-offer for their consideration before they withdraw their $1,000.00 deposit. City Manager Kelly continued with the list of offers as follows: 2. Ms. Mimi Glass representing Mr. Guiterrez, who has submitted a cash offer to Council for consideration for $400,000.00. He said there is a provision that they would add another $40,000.00 within the five days of ( acceptance by the City and, in closing within 60 days, the balance would jl{ be paid. He said the proposal has a 10% fee to the broker which would mean that the final price paid to the City of Tamarac would be $360,000.00. Mayor Abramowitz asked if the amount would be $400,000.00 plus $40,000.00. City Manager Kelly said the amount is $400,000.00 with a $40,000.00 deposit and an additional $40,000.00 of that $400,000.00 paid within five days with the balance being paid at closing less a 10% fee to the broker which comes to a balance of $360,000.00 if the broker fee is paid. He said the City has received a deposit of $40,000.00. City Manager Kelly said the appraised value of the property was City Council Special Meeting 5/23/91/KJ Page 2 $750,000.00 in 1986. He said the City had a reappraisal done in 1990, which was $531,000.00 with the building as is. He said the appraisal indicates that the assessed valuation was $383,000.00 by Markham's office, which may be part of the rational for the offer of $400,000.00. City Manager Kelly said the final offer: 3. A cash offer for $300,000.00 and a cash payment of $150,000.00 will be paid within 120 days after the offer has been accepted by the City and the remainder to be paid within six months. He said the City received a $5,000.00 deposit on this offer and the offer is by the Boar;.. of Trustees of the School of Islamic Studies. He said the representatives are present to discuss their proposal. Mayor Abramowitz said he feels uncomfortable discussing these proposals in an open meeting and asked if this is required and City Attorney Ruf said, yes. Mayor Abramowitz asked if there has been an indication as to what the ultimate use would be in the second offer. City Manager Kelly said the proposed use by Mimi Glass is that it would be an investment and there is no immediate purpose. Mimi Glass, representative for Mr. Gutierrez, said he would purchase the property and use it as an investment. She said the commercial market is not great at the present time. She said the contract is written by his corporation and the City is holding a $40,000.00 deposit since May 8, 1991. She said she understands that the City will draw its own contract and the buyers will give 10% and they will close in 60 days. She said it may be possible to have it within 45 days. Ms. Glass said the City can check Mr. Gutierrez's credit with NCNB Bank She said he is a very big businessman in the shipping business. She sai ' Mr. Gutierrez spends most of his time out of the country; however, she is in contact with him on a regular basis. She said Mr. Gutierrez has reviewed the appraisal and highlighted points to be made. She said he pointed out that the appraisal was done on April 15, 1990 and the previous appraisal was done on July 6, 1986, which shows a large value differential. Mayor Abramowitz said the request for the second appraisal was for the land only. He said it was not that it was worth $750,000.00 in 1986 and the value dropped to $531,000.00 in 1990. Ms. Glass said Mr. Gutierrez highlighted points on Page 24 on the appraisal where it states that the commercial office space is seriously oversupplied; on Page 32, it states that there were no offers or phone calls on the property next to the old City Hall; one Page 35, it states that the roof has leaked since 1986 and the condition of the building is below average. Ms. Glass said there are not many buyers that will pay this amount of money cash. She said the City will receive income because taxes will be paid. She said she does not know what Mr. Gutierrez plans to do with the property. She said Mr. Gutierrez lives part-time in Boca Raton. Mayor Abramowitz asked what the zoning is on the property and City l Manager Kelly said it is B-2 commercial. Mayor Abramowitz said the purchase of the property has nothing to do with a change of rezoning or building permits. Ms. Glass said Number 1 of the Addendum states that future use of subject real property land and/or building by buyers is to be used in accordance with B-2 zoning. V/M Bender asked if the City negotiated the 10% commission that is being requested. Ms. Glass said in Florida the seller usually pays the broker. V/M Bender said he feels the commission should be paid by the buyer and City Council Special Meeting 5/23/91/KJ Page 3 all agreed. C/W Glasser said the land was appraised at $531,000.00 and the City is being offered $400,000.00 less $40,000.00. C/M Katz said he had made a statement regarding the church's offer of $250,000.00 and that a counter offer of $531,000.00 is legitimate. He said he feels the market has not softened to the point where the City has to give away property. He said he does not feel the City is in any danger of going bankrupt where the City must immediately sell property to get money to balance the budget. He said a $360,000.00 net offer to the City is ridiculous. He said he would appreciate Ms. Glass going back to Mr. Gutierrez and mentioning Council's feelings and come back with a more practical offer. Ms. Glass said she would like to get a counter-offer from Council to take back to Mr. Gutierrez for consideration. Mayor Abramowitz said before Council can have a counter-offer, there has to be a joint resolve of Council. City Attorney Ruf said he is concerned with the contract regarding the provision of.inspections. He said he would like the City to have an "as is" contract and any offer should be an "as is" offer. Morris Glicksman, resident, suggested the City take the property off the market. He said he does not feel this is the appropriate time to sell. - He said the real estate market is in a terrible slump. He said the City does not need the money at the present time. He said he feels it is unwise for the City to sell at this time. He asked if any of these prospective buyers are connected with the Kiddie Village and City Manager Kelly said, no. Fred Aguillar, representative of the Pine Island Baptist Mission, asked what contingencies are on the contract relative to financing. He asked .if it is cash after obtaining a mortgage or from him own funds and Ms. Glass said there is no mortgage, all cash. Mr. Aguillar said he feels this property has been on the market for approximately three years and it is not a bad time to sell. Mayor Abramowitz said there is no way he would vote for anything contingent upon a mortgage. He said he has expressed the fact that if it is not a cash deal then it would have to be a contract for deed where there is no foreclosure. Haythem Albassam, representative of the School of Islamic Studies of Broward, an educational school and a community center, said the offer is for $300,000.00 with some conditions which can be adjusted. He said he is prepared to give a counter-offer. He said their plan for the property is to remodel the building and bring it to Code. He said they have inspected the building. Mr. Albassam said their plan is to make it a community center and a school. He said the school will be for children and adults and there will be some lectures, mostly language such as English, Spanish, Arabic and will be open to anyone. He said there will be limited social activities with no alcoholic beverages in the building or wild parties to late hours. Mr. Albassam said there will be free lectures to everybody in the community by lawyers, by doctors and some accountants. He said they are considering holding free clinics at least. once a week which will be handled by a few doctors. He said they will give health advice and a health clinic, all free of charge to the community. He said there will be a library which can be used by everyone. He said on some weekends, there may be some social gatherings with no alcoholic beverages or wild parties. He said they can supply a counter-offer at present as well as the conditions. C/M Katz said this is a private school and community center. He asked if this will be a -tax paying rateable to the City. He asked if the school will be going for a non-profit status for a charity where no taxes will City Council Special Meeting 5/23/91/KJ Page 4 be paid to the City. Mr. Albassam said he discussed this with City Manager Kelly. He said it is a non-profit.organization and will not be required to pay taxes; however, they would pay fees in lieu of the taxes. City Attorney Ruf said when a landowner contracts with the City to pay fees in lieu of taxes, this is totally legal. He said this would be tied to the assessed valuation times the millage rate. C/M Katz asked if there will be a yearly income as a rateable and City Manager Kelly said, yes. Mr. Albassam said this is agreeable. He said the school will be paying the fee. Mayor Abramowitz said the City has been besieged with offers to sell the property, but in the City's anxiety to bring this into the lifestyle of the present City, there were a few problems such as no alcohol and affairs or parties into the early morning hours. He said the City's demands are strict. He asked if there will be a time limit to the social activities. Mr. Albassam said these social activities will have no alcoholic beverages, no loud music in the evenings and would not be held on a weekly basis. He said there will be dinners held with tickets and would be no later than 11:00 p.m. He said these would be held every few months. He said they want to do things that will be good for the community. C/M Schumann asked if they charge fees to utilize the center. Mr. Albassam said some of the lectures will be given free of charge. He said they will charge a membership for some people of the community to produce some income. C/M Schumann asked how the school gets its income. Mr. Albassam said mostly by contributions and some dinners and some lectures. He said some people who have access all of the time will be sold a membership; however, the main source of income is from donations and contributions. Mayor Abramowitz said there is a differential between the purchase of the building and the ability to conduct business in the building. He said anyone who purchases the building will have to conform to the Codes of the City and will have to apply for permits and licenses. He said the prospective buyer may find out that the use wanted may not be allowed in the City. City Manager Kelly said Mr. Albassam has a background as an Engineer with Broward County and knows governmental activities and function. Mr. Albassam said there are three other people from Broward County involved who are specialists in building, zoning and coding. Mr. Glicksman, resident, said there are ramifications in connection with the fee structure in lieu of taxes. He said he had a problem of that sort with the Tamarac Jewish Center. Mayor Abramowitz said anybody can sign a contractual agreement. He said he feels the sale of the old City Hall is important because all of the capital improvement money in the budget of the City is based on the sale of the City Hall. He said the City has $500,000.00 listed for capital improvements which the City cannot spend until the City Hall is sold. He said the City has been besieged by people wanting to know why the City has not sold the City Hall. He said Council has been trying very hard to make sure that whatever went into that property was compatible with the district. He said Council has a responsibility to the City. Mayor Abramowitz said he would not be in favor of selling the property to anyone that was not a tax producing asset to the City. He said the City has a lot of churches and temples of which everyone is proud. City Council Special Meeting 5/23/91/KJ Page 5 TAPE 2 Mayor Abramowitz said there is no way he would vote to accept any offer that was placed on the .table at the present time. He said he will review the proposal from Ms. Glass. C/M Katz suggested that if the City is going to look to sell and compromise a legitimate price, this should be done prior to the budget finalization. He said if the City is not going to include it into the budget, then there is no immediacy as far as Council is concerned. Mayor Abramowitz said there are a tremendous amount of capital improvements that the City does need. C/M Katz said if the City is going to entertain a counter-offer that is going to be lower than the $531,000.00, it should be done prior to the finalization of the budget so it can be included into the budget proceedings. Sid Verdic, President of Mainlands Section 12, said he would like to know what is being discussed since he was late for the meeting and is directly related to the issue. Mayor Abramowitz asked Mr. Verdic to ask for any additional information from Mr. Glicksman. Mr. Verdic asked what the offer for the $400,000.00 was for and Mayor Abramowitz said it was for investment purposes and he gave Mr. Verdic a brief summary of the previous discussions with the prospective purchasers. City Manager Kelly said if the building is assessed at $400,000.00, the tax benefit to the City is under $2,000 per year. He said the concerns that the City does have is that the City does have ongoing maintenance on the structure and the City does have insurance liability concern towards being located on the water. City Manager Kelly said he is anxious to move ahead with the sale of the building and the prices are not in line with what he would like to see. He said he has not provided for receipt of any monies for the sale of the property in the budget process for the coming year at present. City Manager Kelly said in his preliminary preparation of the budget, there is no inclusion of this structure. He said he feels it would be unfair to have Mr. Albassam make a counter-offer presently and have the other two go back to their respective buyers for considerations. He suggested Council authorize him and the City Attorney to negotiate with these people to bring something back to Council. Mayor Abramowitz said he would like to have a meeting on.Monday or Tuesday and have the Council instruct the City Attorney and the City Manager to send to the proposed buyers the City's conditions on the sale. City Attorney Ruf said he understands that Council is suggesting giving the proposed buyers the floor and if they do not meet Council's floor then an agreement is not going to be made. C/M Katz said the only reasonable conditions are that the building be brought up to Code. Discussion was held regarding the condition of the building.. C/M Katz suggested Mr. Albassam meet with the inspectors prior to a counter-offer. He said there is no compromise to Code. Mayor Abramowitz said the City does not have the plans for the building. He said he would not make anything contingent upon the condition of the building and up to $531,000.00 is for the land. C/M Katz said he wants the person who is making the offer to understand that there is no compromise and the reasonableness is that they have to comply with whatever the Code says. Discussion was held regarding the time of the meeting to be scheduled. Randy Correll, representative of the Tamarac Fire Department, asked if City Council Special Meeting 5/23/91/KJ Page 6 the building would remain "as is" if Mr. Gutierrez purchased it for an indefinite amount of time and Ms. Glass said she did not think it would sit for a long period of time. Mr. Correll suggested that Council permit Mr. Albassam to make his counter-offer at present. Ms. Glass asked if the offer from the Islamic school is an offer or a written contract. City Manager Kelly said it is a written offer with terms. He said Council would like to have 20% down on the agreement; however, there was not a mandate or anything -stipulated in this fashion. He said the Mayor is referring to holding a meeting next week to set the formal criteria. He said these offers were not 'solicited by the City, but were in response to a newspaper article. Ms. Glass said she would like to be given the opportunity to contact Mr. Gutierrez with any counter-offers throughout the meeting and Mayor Abramowitz said there would be no problem with that. Mayor Abramowitz RECESSED and RECONVENED this meeting with all present. 2. Public Services Department proposal. SYNOPSIS OF ACTION: TABLED to Tuesday, May 28, 1991. City Manager Kelly said when Bob Foy resigned on April 29, 1991, it gave the City the opportunity to try to streamline the departments to eliminate some Directors' positions and to change the department to fall in line with a proposal that was done by the Coty Management Study that in 1984 and submitted to Council in 1985. City Manager Kelly said this does reflect that reorganization by consolidating Engineering, Utilities and Public Works into one major department. He said the City is moving into the Public Safety Complex within one month and Mr. Foy was aware that administration was looking in the Engineering Department to perhaps reduce one of the positions. He said Mr. Foy decided it would be the opportune time to retire as opposed to reducing one of those positions. City Manager Kelly said Peter Procopio is a capable person in Utilities who has outstanding credentials in the Utilities Department. He said he was concerned that Mr. Procopio might be retiring and he met with Mr. Procopio and discussed this proposal and reviewed it with the consultants that work for the City. He said he discussed it with Mr. Greenwood, prior City Engineer and Utilities Director, and they are all enthusiastic about this proposal. City Manager Kelly said this proposal will combine the responsibilities of Utilities Director and Public Works Director into one position which will be the Public Services Director. He said the new facility is being named the Public Services Complex. He said it has always been his intention that when the City moved out there to provide a more efficient organization that Mr. Couzzo, as the Assistant City Manager, would be responsible for the complex to avoid conflicts with Utilities, which ha: often seen itself as a separate entity from other City departments. City Manager Kelly said this also provides a more efficient coordination of the fleet services. He said often times, vehicles that are scheduled for maintenance are not brought in promptly through the Utilities Department; therefore, with all of the vehicles being located in one complex, the City will be able to facilitate more strict management controls over the fleet and the utilization of the fleet will be more effective because Mr. Couzzo would be able to oversee the vehicles that are not being used and can reassign them as necessary. City Manager Kelly said in the restructuring line, this eliminates two Director positions, the Utilities Director and the Public Works Director and creates one. He said the position of Utilities Operation Manager City Council Special Meeting 5/23/91/KJ Page 7 will be assumed by Peter Procopio. He said Mr. Procopio has accepted the challenge of remaining for at least this next year to guide the City through this difficult time. He said Mr. Procopio is very knowledgeable of the operation and has stayed on top of a lot of the up coming changes that will be affecting the City in the next couple years, such as the quality of water and Storm Water Control. City Manager Kelly said many of the EPA restrictions and regulations on water quality control have been deferred and moved back to 1993. He said Mr. Procopio is familiar with this situation. He said the Consultant was a little concerned that Mr. Procopio was contemplating retirement. City Manager Kelly said the City Engineer, who was appointed at the Council Meeting on May 22, 1991, is Kline Jones. He said the Public Works Operations Manager is Alan Levine at present and he will continue at that capacity. He said the Recreation Operations Manager will be Ed Doyle. He said there has been a lot of requests by those involved in the recreation program activities to establish a separate Recreation Department. He said there was not a sufficient need to warrant establishing a separate, independent department in the past which was overseen by the Public Works Director. City Manager, Kelly said when the City built the Multi -Purpose Center, this made more of a commitment in the direction of creating a Recreation Director. He said the responsibilities of programatic content are beginning to move beyond what is a fair responsibility for the Director of Public Works or the Director of Public Services to assume and that position needs to be given more latitude and responsibility to relieve that burden from the Public Services Director. He said he is confident that Mr. Doyle will be able to fulfill that obligation. He said he is about to come off of his probationary capacity, but there is no proposal for an increase in salary at present. City Manager Kelly said the Public Services Operations Manager is Carlos Rosario. He said Mr. Rosario is a retired Major and has extensive .experience in overseeing millions of dollars worth of equipment and inventory. He said he feels this provides continuity in management from the Public Services Director through the line of command in the absence of the Public Services Director. He said the Management Study in 1985 indicated this type of management setup. City Manager Kelly said the City put an assumption on Mr. Foy's salary because there is not a Utilities Director at present. He said Mr. Foy was earning approximately $69,000.00 and it is assumed that Mr. Foy had accepted that position at a salary which is low for that position. He said if the City were to get someone into this position it would total to approximately $72,589.00 with the benefits included. City Manager Kelly said the additional annual costs being proposed would be $4,763.00 for the Public Services Director, an increase for the Public Services Operations Manager, Carlos Rosario, so that he would be above the Operations Managers and the Public Services Office Manager, who will be assuming responsibility for the additional people within the Public Utilities Department. He said at present, in the Utilities Department, the office personnel have not worked under an Office Manager operation because Mr. Foy had been reluctant to appoint an Office Manager. He said he feels this will provide title organizational abilities by providing Ms. Bonavia the responsibility to oversee that and the additional compensation is warranted. City Manager Kelly said he feels the proposed increase of $2,500.00 for the Public Works Operations Manager, Alan Levine, is not changing and the additional responsibilities are additional justification for the increase. He said the total annual cost including FICA and salary is just under $12,000.00 which is an approximate savings to the City of $60,000.00. He said he feels this is the opportune time to make these increases and changes. City Manager Kelly said there may be more savings that the City can accrue by these changes by making sure the phones are installed in the appropriate location. He said the proposal would have Mr. Couzzo moving to the Utilities structure and part of his salary being from the General Fund and the Utilities Fund. He said all of Mr. Rosario's salary would City Council Special Meeting 5/23/91/KJ Page 8 come from the Utilities Fund. City Manager Kelly said there has been talk of•putting a shed there for the Public Works Complex. He said in reviewing the project, there is sufficient space within the Utilities Complex to house all of the City's needs. He said the structure's cost can be eliminated from this year's budget. He said there are some other costs that may be saved by reorganization. City Manager Kelly said City Clerk, Carol Evans, had requested a vault for records management. He said the City pays for storage, access, retrieval and insurance from the Miami location and 61 Street. He said these costs may be eliminated by relocating them with the space savings being seen in the City. C/M Schumann asked what form of records are in Miami and City Manager Kelly said a lot of it is paper. He said someone was taken from the Building Department and relocated to the City Clerk's office to help reduce the amount of paper by transferring it to microfische. He said once the documentation is on microfische, there is a problem with storage because the room must be air conditioned. C/M Katz said there may be two or three times the amount of space needed in the new facility. He said some of the space designated for Foremen should be too comfortable. He said some of the space which is allotted to other people in the departments can be consolidated. He said he sees no problem with an installation of a storage vault. He said the space in the Purchasing Department could be subleased and the City needs to investigate what the best possible uses are for the areas that are already present. Mayor Abramowitz said he feels the Public Works Department is one of the most important departments in the City. He said in the past he has fought to get additional personnel for the Public Works Department. He said he is pleased the reorganization was started one year ago. He said he understands that the City, City Council and the City Manager have has a lot of criticism by individuals who do not like changes. He requested that the anxiety to save money does not diminish the ability of Public Works to perform and City Manager Kelly said he feels this will strengthen the department. Mayor Abramowitz said he feels the obligation and responsibility of the City Council is to give better service to the residents at a cost savings, if possible. He asked if this is going to inhibit the ability of the Public Works Department to perform and Assistant City Manager Couzzo said he feels the service can be enhanced through the better utilization of equipment and manpower that the City has. Mayor Abramowitz asked if this reorganization is going to bring a conflict between the Public works and Utilities Departments. TAPE 3. City Manager Kelly said all the parties involved are anxious and receptive and have worked extremely well in the budget process. He said he was impressed with Peter Procopio's role and his willingness to work with Mr. Couzzo and to share information. He said he feels the City has the opportunity to put a great team together. Mayor Abramowitz said he agrees with C/M Katz regarding a lot of change; that could be made and space that may be better utilized. City Manager Kelly said he needs Council to approve the reorganization and also approve Mr. Couzzo's position. He said all of the employees involved in this reorganization will be on a probationary period. He said he is confident and will be monitoring this reorganization closely with monthly reports of the successes, accomplishments, and shortcomings to the City Council. C/M Katz said he feels uncomfortable with having Mr. Procopio in this position due to his short -time period before retirement. He said he is uncomfortable having someone in charge of that Department with no backup who might get ill or may retire. He said he would like to see some provision made so that the City is not left in a predicament where there may not be anyone to run a department. City Council Special Meeting 5/23/91/KJ Page 9 City Manager Kelly said the Engineering firm of Hazen & Sawyer has been backing up the City for some time in the Utilities operation. He said Kline Jones was groomed by Mr. Foy to be his successor to become the Utilities Director and City Engineer. He said he felt Mr. Jones' expertise as City Engineer was sufficient and he wanted to keep Mr. Procopio on staff. He said there are a lot of key people in the Utilities Department. He said there are people in the Water Plant who are extremely qualified. He said Hazen & Sawyer is present to provide coverage and experience with the operation. He said he does not feel the City is being jeopardized in this regard. V/M Bender said he does not feel comfortable with discussing a reorganization plan prior to reviewing the upcoming City budget. He said he would like to examine all expected revenues and expenditures for the next budget year for validity and necessity. He said he is looking for a possible downsizing of the organization to achieve the right sizing accountability to service the City of approximately 44,000 residents. He said he feels it is premature to vote for changes until the overall picture is reviewed. He said he does not feel the City should be in the position to reorganize blindly. City Manager_Kelly said if the revenues double or decrease, the budget is going to come in higher on the expenditures if this proposal is not approved. He said this proposal allows the City to save that money now and in the future. He said this is a downsizing and eliminating the Director position is a cost savings. V/M Bender said he does not feel they should be setting up an organization for a City this size that could accommodate a population of 100,000 people. He said he is trying to model the City to achieve the same service and validity of service at 44,000 people. He said the City needs to know how much money is going to be available in order to spend it properly. He said he is reluctant to raise taxes and he does not want to subsidize any reorganization if it is not absolutely necessary. Mayor Abramowitz said he understands that the City would be saving money if this were to go into effect immediately. C/W Glasser said she feels Council should be given the proposed documentation with enough time to review it prior to discussion. She said it is difficult to listen to a presentation and review the documentation at the same time. V/M Bender asked why this is so important to approve now rather than to wait for a few months. Mayor Abramowitz said there may be a $10,000.00 difference. V/M Bender said he will not vote in favor of something that he is not comfortable with. City Manager Kelly said Council will be receiving the budgets in late June; however, it is important that.Mr. Couzzo's position be approved because he has been overseeing the whole operation in the past months. He said he has been working overtime with the Utilities Department to try to effect these savings. V/M Bender said he does not want to move ahead on any reorganization until he knows what the City's revenues and expenditures are. He said he does not want to supplement any reorganization by raising taxes. City Manager Kelly said a position is being eliminated. Mayor Abramowitz said Mr. Foy retired from the City. He said during the budget process, Council may have to have City Manager Kelly downsize more, but saving this money at present means not having to raise taxes. He said this means the City will be saving some money and it is a probationary period which means if it does not work, it can be changed. V/M Bender said the $3,600.00 car allowance has been eliminated. He asked if the person replacing him will have that same allowance. City Council Special Meeting 5/23/91/KJ Page 10 City Manager Kelly said Mr. Couzzo has his own car allowance which is equal to that. Assistant City Manager Couzzo said one of the problems with the timeliness at present is to be able to look closely at the budgets of the Utilities and Engineering Departments and, through the reorganization, look at trying to implement additional savings. V/M Bender said the City is not doing automobile repairs for the Browar Sheriff's Office at present; therefore, the same amount of people who are on staff were doing that work previously.` Assistant City Manager Couzzo said the function of handling the BSO preventative maintenance program was not supplemented with additional personnel. He said it was handled by the personnel the City already had and it was done on the basis of approximately five cars per day which took approximately 20 to 30 minutes per car to do. He said the City had a personnel reduction at the time the BSO took over. V/M Bender said he would not want the City to hire employees and then service other cities and organizations. He said the City is responsible to have an organization to take care of the City vehicles only. Assistant City Manager Couzzo said there were no individuals added for the BSO and it was a Council decision to take on that responsibility. He said this reorganization will utilize the staff to their maximum efficiency. C/W Glasser asked how long the probationary period is and City Manager Kelly said six months. C/W Glasser asked if the position can be eliminated when an employee retires or leaves the City and City Manager Kelly said, yes. Mayor Abramowitz said Council needs more time to review the documentation received prior to this meeting. C/W Glasser said the City is coming upon some hard times which is a consideration Council needs to review. Mayor Abramowitz said this reorganization is not a contractual obligation. He said the City has an opportunity to save some money now. He said he feels Public Works is doing a magnificent job based on budgetary restraints. City Manager Kelly said there are people doing additional work without being compensated for it. He said the proposal saves money now. He said it is unfair for the City to expect these people to continue doing this work without being compensated for it. He said the budget is predicated on this proposal. He said he will need to restructure the budget to provide for a Utilities Director and Public Works Director. Mayor Abramowitz said he is not concerned that the people are doing the work and not being compensated for it. He asked if the reorganization is good for the City. C/M Katz MOVED to TABLI Item 2, SECONDED by C/W Glasser. VOTE: V/M Bender - AYE C/M Katz - AYE C/M Schumann - NAY C/W Glasser - AYE Mayor Abramowitz. - AYE Assistant City Manager Couzzo said there is the potential to move into the new facility in the next week which would get the City out of a lease currently in force. He said other considerations are space allocations, phone allocations and computer lines. Mayor Abramowitz said once the phones are installed and a change is made, this will cost much more money. Assistant City Manager Couzzo said the move is predicated by the action City Council Special Meeting 5/23/91/KJ Page 11 of the Council. He said everyone is affected by this reorganization. He said there are a great many budget ramifications. He said the reduction of office equipment is being reviewed such as for the leased copy machines that may be centralized to reduce the amount of money for the leases. He said Public Works needs to be moved prior to June 1, 1991 otherwise the City will have to pay $4,000.00 rent for the month. 3. Fire Department request for utility trailers. SYNOPSIS OF ACTION - APPROVED the relocation of two utility trailers from the Utilities Department to Fire Stations 1 and 2 at the rate of $25,000.00 for the relocation. Fire Chief Ray Briant said the City owns three trailers at Utilities which will be vacated after moving to the new site. He said Staff is requesting to relocate two of these trailers to Stations 1 and 2. He said the cost to relocate these trailers is $25,000.00. Mayor Abramowitz asked why the cost is so high and Chief Briant said they are tri-axle, double -wide trailers and a company needs to be hired to break them down and move them. He said once these trailers are vacated, they become an attractive nuisance. C/W Glasser asked what the condition is and Chief Briant said they have been surveyed and are in good condition. C/W Glasser MOVED to APPROVE Item 3, SECONDED by V/M Bender. C/W Glasser asked if the hookup can be done in-house and Chief Briant said the hookups can be done by Public Works and Utilities. C/M Schumann asked where the trailers are going to be placed. Chief Briant said the trailer going to Station 2 will be going on the north side of the station adjacent to the wall and burmed by woods and plants. City Manager Kelly said there are sufficient monies in the Fire Department's budget. VOTE: ALL VOTED AYE 4. Purchase of additional fleet vehicles. SYNOPSIS OF ACTION - APPROVED the purchase of 6 fleet vehicles at the total amount of $52,780.00. City Manager Kelly said Council authorized the Administration to spend money on fleet vehicles during a previous meeting. He said this is the last day the vendor will accept a purchase order from the City; otherwise, the City will lose the opportunity to purchase these vehicles. C/W Glasser said the order reads that it must be received by May 10, 1991. Assistant City Manager Couzzo said the order was adjusted and it must be received by the close of business today. Mayor Abramowitz asked if the employees are walking or riding at present and Assistant City Manager Couzzo said riding. Assistant City Manager Couzzo said these vehicles are not in the proposed budget. City Manager Kelly said Council authorized the expenditure and the City has a Depreciation Account that would help purchase these vehicles at present rather that budget for them later. Mayor Abramowitz asked how much the difference is between $8,756.00 on City Council Special Meeting 5/23/91/KJ Page 12 the State contract and going out to the open market. Assistant City Manager Couzzo said that would depend on what the open market would bear, but on the State contract, it is the best price which the State and all municipalities and agencies can avail themselves. He said these vehicles are given to certain dealerships by the manufacturer at a low base price. He said the dealership will give the City Vehicle #2 at the State price of $8,867.69 and they wanted $9,000.00. He expressed his appreciation to Bill Land, Purchasing Director, for his negotiations with the dealership. Mary Blasi, Finance Director, said the contract already expired on the Chevy Cavalier for the State contract. She said the vehicle that Ed Morse Chevrolet had was not purchased under the State contract, but through negotiations, Ed Morse'Chevrolet is honoring the State contract price. Mayor Abramowitz asked if there is anything the City could buy that would serve the purpose and cost a lot less money. Assistant City Manager Couzzo said these pickups are smaller and are the lowest priced pickups on the State contract. He said there is a possibility to look at used vehicles which will have mileage. He said Staff looked at Chevrolet GEO's threecylinder which are not available. He said the four cylinder GEO's are approximately $9,500.00. City Manager Kelly said he checks the vehicles to see if they are left unlocked. He said these vehicles are in poor condition and the City will miss this opportunity by waiting for the new budget. Assistant City Manager Couzzo said Staff will attempt to cannibalize any City vehicle to put it into service and convert them to a Parks vehicle. C/W Glasser asked why a 1984 Mazda would be rusted out unless it was no cared for properly. Mayor Abramowitz said he had an Oldsmobile that was only one year old that was rusted out. C/M Schumann said they may not have been rustproofed. He said the new car warranties only cover outer body rust. Mayor Abramowitz said he had received a bill for waxing of vehicles which may be the answer to the upkeep of the City's fleet. Assistant City Manager Couzzo said the vehicles need to be maintained internally and externally and previously this was done under contract with a vendor until the City purchased the proper equipment in-house. He said the work is now being done in-house. TAPE 4 V/M Bender said the City has a Fleet Maintenance Fund. He asked if this purchase is coming from that fund. Ms. Blasi said there are resources available in the Fund that were not previously budgeted for Vehicles. She said Staff is requesting that Council allow those funds to be made available to purchase these vehicles which would decrease the Vehicle Account Fund. C/M Schumann reviewed the budget adjustment. Ms. Blasi said Budgetary Retained Earnings is more of a revenue account rather than an expenditure budgetary account. She said Staff is not transferring from one expenditure to another as it would be done in a contingency or another account with funds available. She said this internal service account has resources available that were not budgeted in the current year. She said this would be called retained earnings or fund balance. She said these are basically surplus funds. She said to balance the budget, Staff is asking Council to put in retained earnings that were left there last into resources available in the revenue in order to offset the expenditure on the expenditure side of the budget. She said these funds have already been through the budgetary process by means of transfers from the General Fund and Utilities into this fund every year; therefore, it has grown to the point where there are funds City Council Special Meeting 5/23/91/KJ Page 13 available to use for the purchase of these vehicles. C/M Schumann asked where the amount of $52,780.00 came from and Ms. Blasi said that is the total cost of the six vehicles. She said Staff does not have those funds budgeted under Vehicles at present. She said through research of the Internal Service Fund Fleet Maintenance, she found that the City had surplus funds of $120,000.00 that were not budgeted for this year and were left over from previous years. Ms. Blasi said the $120,000.00 could be used to purchase new vehicles. She said Staff is requesting Council to approve the set up of a budget item for these vehicles and offset it using these funds. She said the City does not want to deplete the fund completely which currently has $164,000.00 in it. City Attorney Ruf said every Finance Director has this type of fund for protection. V/M Bender MOVED to APPROVE Item 4, SECONDED by C/M Schumann. VOTE: ALL VOTED AYE City Manager Kelly said Ben Sonkin contacted him regarding the City's interest in a tree. He said his community has a large Washingtonian Palm tree that they would like to donate to the City. He said this tree is valued at $450.00 and he would like to donate it to the City or they will cut it down. Assistant City Manager Couzzo said this tree is approximately 30 or 40 feet high and it is estimated at $700.00 to remove the tree. He said the Association will give $250.00 additional monies to have the tree relocated. V/M Bender said there is no guarantee the tree will live and Assistant City Manager Couzzo agreed. Mayor Abramowitz suggested this be held for the meeting coming up on Wednesday and all agreed. City Attorney Ruf said Council had authorized the City Attorney to write the Attorney General to see whether or not the Redistricting Committee, as provided in the Charter, is an appropriate delegation of legislative powers to an advisory group. He said the City Attorney's office wrote the Attorney General and the Attorney General wrote back and said it is a local Charter problem, but if the City Attorney's office will submit to them a memorandum of Law, they would look at it again. City Attorney Ruf said he has indicated to some members of Council that it will take ten or fifteen hours to put this memorandum of Law together and the City Attorney's office has plenty of work to do right now and we do not need to embark upon that at the moment. He suggested he defer it until later in the year if that is Council's wish; however, if it is not Council's wish, he will prioritize that and go forward with that because of the time constraints of the Redistricting. Mayor Abramowitz asked when the Council has to vote on the redistricting. C/M Katz said Council does not have to vote on the redistricting. He said the Charter allows for the Redistricting Committees' decision to be final. He said Council is aggregating their rights for legislation to the Redistricting Committee. Mayor Abramowitz said he understands what is being said, but there is no way that any committee in this City, or any body in this City should assume the responsibility of the Council. C/M Katz said that was the premise. Mayor Abramowitz said he understands that the Committee has met and evidently voted and made a decision. City Council Special Meeting 5/23/91/KJ Page 14 C/W Glasser said the Redistricting Committee voted and made a decision, but upon reviewing it, it was not accurate. She said there were two decisions made and two choices. She said they are going to have a meeting again because they had voted the wrong one which was discussed with Alan Ruf and he agrees. She said they have to go back and reinstitute the first, and they are having another.meeting sometime next week or the week after. Mayor Abramowitz asked what happens legally whenever a decision is made. City Attorney Ruf said City Clerk, Carol Evans, establishes new maps showing new boundaries. Mayor Abramowitz asked how much time there is between when they make a decision and legally it has to be implemented in the City Clerk's office. C/M Katz said 180 days from March 12. City Attorney Ruf said it is the first Monday or Tuesday in September. He said his only point was that if the Redistricting Committee's recommendation is not objectionable to any member of Council this time the City could defer this time commitment from the Attorney's office and go forward with it at a later date. He said in order to get the Attorney General's opinion before the first week in September, he either needs to be given a Council dispensation or he will have to prioritize that. Melanie Reynolds, resident, said this started in 1983 and 1984 with Jon Henning and Syd Stein. She said the Charter Board objected to it at that time. She said the Council only needs to make an amendment to the Charter and put it back as it was before. Mayor Abramowitz asked if the City has to have a Referendum to amend the Charter. Ms. Reynolds said it needs to be put on the ballot. Mayor Abramowitz said that is not so terribly bad, unless somebody on Council objects to what happened. V/M Bender said that is a good thing for the Charter Board to come up with as a recommendation. Mayor Abramowitz asked if the Council has a right to vote on the decision of the Redistricting Committee. C/M Katz said, no, it just comes for review to a joint meeting of the Charter Board and the Council. Mayor Abramowitz asked what happens if the Council says, no and C/M Katz said that is too bad. Mayor Abramowitz asked what that is supposed to mean. C/M Katz said the Charter says the decision of the Redistricting Committee is final. He said Council has absolutely no say, and this is what he objected to. 1 Mayor Abramowitz'suggested that Council defer this and not spend time now. C/W Glasser suggested making the changes.be deferred to the City's has next election. C/M Katz said there is a situation where it is going to come up for Referendum in March and supposing the electorate decides in their infinite wisdom, that they do not want to make this change to the Charter. He said Council has a similar situation, because there is an election in March and Council has to have it in by early September. Mayor Abramowitz asked if there was a joint meeting between the City Council Special Meeting 5/23/91/KJ Page 15 Council and the Redistricting Committee, and the Redistricting Committee came with a plan, and the Council says, "We are not happy with it", does it make any difference. C/M Katz said that is not what he said. He said it would be tough and the Redistricting Committee's decision is final. Mayor Abramowitz asked if the two bodies met and the Redistricting Committee came up with Plan A, and the Council did not like it, does Plan A still get implemented. C/M Katz said that is right. He said he is asking for the ability of Council to say that they are not happy with the Committee's decision. He said he feels the Redistricting Committee should be an advisory board the same as the Planning Commission. Mayor Abramowitz asked if there is anything Council can do about the Committee's decision unless Council changes the Charter and C/M Katz said, no. City Attorney Ruf said there is always a solution, such as taking it to court. Mayor Abramowitz asked if Council can wait until the Redistricting Committee comes forward with a plan. City Attorney Ruf said he wants some direction from Council. Mayor Abramowitz said the City Attorney has the right to be told what and how Council feels. He asked when the next Redistricting Committee meeting is and C/W Glasser said in two weeks. Mayor Abramowitz asked if there were any objections from Council and all agreed. With no further business, Mayor Abramowitz ADJOURNED this meeting at 11:00 a.m. N ABRAMOWITZ MAYOR CAROL A. EVANS CITY CLERK "This public document was promulgated at a cost of $200.38 or $4.45 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 TAMARAC APPPOVE�D AT MEETING OF 7 /a City Clerk