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HomeMy WebLinkAbout1990-05-04 - City Commission Special Meeting MinutesCITY OF TAMARAC CITY COUNCIL SPECIAL MEETING FRIDAY, MAY 4, 1990 CALL TO ORDER: Mayor Abramowitz called this meeting to order on Friday, May 4, 1990 at 10:00 A.M. in the Conference Room of the City PRESENT: Manager. Mayor Norman Abramowitz Vice Mayor Bruce Hoffman Councilman Henry Schumann Councilman Dr. H. Larry Bender Councilman Henry Rohr ALSO -PRESENT: John P. Kelly, City Manager Dina McDermott, Assistant City Manager Mike Couzzo, Assistant City Manager/Director of Public Works Pauline Walaszek, Secretary 1. MOTION TO APPROVE Addendum #26 to the engineering agreement with Hazen & Sawyer to provide services to remove the underground tanks and contaminated soils at the present Public Works site at the northeast corner of Commercial Boulevard and Pine Island Road; and AUTHORIZE funding for this work from the Public Service Complex Construction Fund to an account to be designated by the Finance Director. SYNOPSIS OF ACTION: APPROVED. * V/M Hoffman MOVED to APPROVE this Item, SECONDED by * C/M Rohr. City Manager Kelly said the City was in the process of the beginning the audit to determine the limits of exposure on the site for environmental purposes. He said Hazen & Sawyer was retained by the City to do this type of work and to authorize this matter, an Addendum to the agreement was needed. He said this would be Addendum #26 and the City Attorney made observations that this was a standard state of the art contract. City Manager Kelly said this contract exonerated the engineer for claims above the cost of the contract. He said in other contracts the City had, there was three million dollars malpractice insurance attached. He said anything dealing with the environment engineering firms exclude from being available. He said the firms were only guilty of gross negligence and willfulness conduct. City Manager Kelly said Addendum #16, which dealt with an environmental audit, had this applied to it. He said malpractice would be available to the City for normal negligence. Mayor Abramowitz asked if the City Manager contacted the surrounding Cities regarding this agreement and City Manager Kelly said this was the Interim City Attorney's position. City Manager Kelly said the total cost was $38,000.00 and the contract indicated the time of performance being 21 days; however, after discussion with everyone involved, it was agreed that the specifications and plans would be available by next week. Page 1 5/4/90-pw Mayor Abramowitz asked why this matter was not part if the original contract since the City knew that an environment l clean up may be needed. City Manager Kelly said this matter should have taken care of earlier and Mike Couzzo, Assistant City Manager/Director f Public Works, said when the original engineering agreemen was entered with Hazen & Sawyer, the City did not know th t environmental work had to be done. Mr. Couzzo said environmental work now being requested wa a result of the original engineering findings and there was no indication that there were environmental problems. Mayor Abramowitz said the Fleet Maintenance Department wa handling oil and grease and Mr. Couzzo said there were electronic sensors that monitored the ground water and ground. He said to this day, the sensors indicated that there was no contamination in the soil. He said when the Sensors were taken out there may be limited problems. Mayor Abramowitz asked who was making the City spend $38,000.00 and Mr. Couzzo said a contract was made to pr ide an environmental audit in accordance with the Berkowitz agreement. Mr. Couzzo said when they pulled some of the samples there were minimal traces of pollution which were not indicatedon the sensors. He said after Hazen and Sawyer did the environmental check, the sensors were changed. He said the new sensors indicated that there was no contamination. C/M Rohr asked if it was possible that the other sensors ere not accurate and Mr. Couzzo said this would be determine when the sensors were pulled out. Mr. Couzzo said there were water samples which indicated a trace of contamination. He said there were several reasons why the trace Of contamination was evident. He said it may not be something done by the Public Works Department. Mayor Abramowitz said the City should do what was needed to consummate the sale of the property. C/M Rohr asked how long it would take to complete the project and Mr. Couzzo said the bids would be out in approximately 1 week. He said the length of the project would depend on ,what was found on the property. Mayor Abramowitz asked if this was the last thing needed before the sale of the property was complete and City Manager Kelly said after this project was done, the owner of the property would be pulling the building permit. He said the City was free and clear and the City would no longer be obligated to pay rent. City Manager Kelly said the Public Works Department move while Mr. Robinson was in New Yorks therefore, the agreement was not executed at this time. He said the agreement would not be effective until the owners of the property executed the agreement. Mayor Abramowitz said the City Council should approve t agreement providing the owners of the property executed agreement. C/M Bender said Mr. Berkowitz should be contacted as he was able to obtain a building permit. VOTE: ALL VOTED AYE as Page 2 5/4/90--pw 2. MOTION TO APPROVE the transfer of $5,000.00 from General Contingency Account #001-872--588-975 to City Manager's Miscellaneous Refunds Account #001-872-519-587 to provide funding for recently adopted Ordinance 0-90-11 providing for administration approved refunds. SYNOPSIS OF ACTION: APPROVED. * C/M Schumann MOVED to APPROVE this Item, SECONDED by * C/M Bender, Mayor Abramowitz said the City Council was aware of this Item and the need for approval. VOTE: ALL VOTED AYE 3. a. MOTION TO ADOPT Temp. Reso. #5792 authorizing the appropriate City officials to execute a Hold Harmless Agreement to the Sunflower/Heathgate Homeowners Association for the use of their tennis courts until City courts are constructed. b. MOTION TO ADOPT Temp. Reso. #5793 authorizing the appropriate City officials to execute a Hold Harmless Agreement to the Isles of Tamarac Homeowners Association for the use of their tennis courts until City courts are constructed. SYNOPSIS OF ACTION: RESOLUTION R-90-126 -- PASSED APPROVED 3. a. and b. RESOLUTION R-90-127 - PASSED * a. V/M Hoffman MOVED to APPROVE Temper Reso._ #5792 , * SECONDED by C/M Schumann. Mayor Abramowitz said the City would be building 5 tennis courts at the Tamarac Sports Complex. He said until this time there have been promises concerning tennis courts. He said there was a small group of people who had no facility to play tennis since the City was forced to eliminate the tennis courts at Tamarac Park. Mayor Abramowitz said Mike Couzzo, Director of Public Works/Parks and Recreation, contacted several areas regarding the use of their tennis courts until the new courts were built. He said there were two areas willing to allow people to use their tennis courts providing the City signed a Hold Harmless Agreement. Mayor Abramowitz said the Interim City Attorney drafted the appropriate Resolutions and the City was asking the areas to allow the residents to use their tennis courts until the new tennis courts at the Tamarac Sports Complex were ready. City Manager Kelly read Temp. Reso. #5792 by title. VOTE: ALL VOTED AYE * b. V/M Hoffman MOVED to APPROVE Temp, Reso. #5793 , * SECONDED by C/M Schumann. City Manager Kelly read Temp. Reso. #5793 by title. VOTE: ALL VOTED AYE i Page 3 5/4/90-pw AGENDIZED BY CONSENT 4, MOTION TO APPROVE to the Letter of Understanding wit the Broward Sheriff's Office for the Tamarac Public Works Fleet Maintenance Department to provide a pilo program for complete preventative maintenance servic for the Broward Sheriff's Office automobiles. SYNOPSIS -OF ACTION: AGENDIZED by Consent. (SEE BELOW for Final Action) * V/M Hoffman MOVED to AGENDIZE this Item by Consent a * Item 4, SECONDED by C/M Schumann. VOTE: ALL VOTED AYE 5. DISCUSSION concerning the legal fees submitted by Morgan, Lewis & Bockius for the COMARK and ESM matte in the total amount of $21,884.08. SYNOPSIS OF ACTION: AGENDIZED by Consent. (SEE PAGE 7 for Final Action) * C/M Rohr MOVED to AGENDIZE this Item by Consent as * Item 5, SECONDED by C/M Schumann. VOTE: AGENDIZED BY CONSENT ALL VOTED AYE 4. MOTION TO APPROVE to the Letter of Understanding wi the Broward Sheriff's Office for the Tamarac Public Works Fleet Maintenance Department to provide a pil program for complete preventative maintenance servi for the Broward Sheriff's Office automobiles. SYNOPSIS OF ACTION: AGENDIZED by Consent. APPROVED. City Manager Kelly said during the early negotiations wit2 Broward Sheriff's Office concerning the merger, the City offered to provide preventive maintenance service to them, said the program would have been a benefit for the City. is t s s the He City Manager Kelly said the Broward Sheriff's Office was not interested in pursuing this type of program in the beginning of the contract, however, they have determined that it would be in their interest to try to farm out some of the work necessary to keep the fleet of vehicles in running order. He said the Broward Sheriff's Office now had approximately 310 vehicles and their program required that each of the vehicles be serviced every 3,000 miles. He said it did not take long to put on 3,000 miles and it was difficult to service the vehicles from one central office. City Manager Kelly said the Broward Sheriff's Office realized that the City had good service and garage operations and they asked the City to reconsider providing this service for the Police vehicles. He said terms were negotiated for the service. City Manager Kelly said everyone employed by the Broward Sheriff in the north area, which was closer to the City's facility, would have the opportunity to schedule a preventive maintenance program. He said the City drafted a Letter o Understanding with the Broward Sheriff's Office outlining the Page 4 5/4/90-pw " I 1 specific terms. He said if the Broward Sheriff's Office was not satisfied with the terms and wanted to change them, the Letter of Understanding could be cancelled at any time by either parties. He said if the program was not appropriate, the City would review this matter to make sure that it was in their long term best interest. City Manager Kelly said if the Broward Sheriff's Office wanted a stronger legal document, their attorneys should be responsible for drafting the document and the City would review it. City Manager Kelly said the Letter of Understanding would be sufficient in the interim and the City was indicating in the letter that if they brought a vehicle in it would cost $30.00 per hour per vehicle plus the cost for the parts. He said the Broward Sheriff's office received parts cheaper than the City and the City would buy their parts at their costs and charge 15% for the inventory control, monitoring and administrative overhead incurred by the City. City Manager Kelly said the City had the manpower available and the service would be better. He said he would be recommending that the monies the City made for this service be returned to Fleet Maintenance to assist on -going fleet costs in the future. He said he felt this would be a very good arrangement and he thanked Mr. Couzzo. City Manager Kelly said he made the proposal to the Broward Sheriff's Office and the representatives informed him that they would accept the terms if the City prepared a Letter of Understanding. He said Interim City Attorney Ruf suggested that a Letter of understanding be sent to the Broward Sheriff's Office as a pilot program. V/M Hoffman said the cost would be $30.00 per hour and City Manager Kelly said the cost would be per vehicle. V/M Hoffman asked how long it would take to service a vehicle and Mr. Couzzo said this would depend on the amount of work needed to be done on the vehicle. He said he did not expect the service to be in excess of one hour. C/M Schumann asked if mechanical repairs would be done and Mr. Couzzo said preventive maintenance would be done such as, oil changes, filter changes, belts, etc. V/M Hoffman asked if the City's Fleet Maintenance Department would do repairs on brakes and Mr. Couzzo said they would do the analysis and prepare a report for the Broward Sheriff's Office. Mayor Abramowitz said he did not want the City to provide a service that would not benefit them. He asked if this program would be in the best interest of the City and City Manager Kelly replied, yes. Mayor Abramowitz asked if the City would be making money on the program and City Manager Kelly replied, yes. Mayor Abramowitz asked if the City could end this program with the Broward Sheriff's Office at any time and City Manager Kelly said both parties could end this relationship immediately. Mayor Abramowitz said he was told that this program would make money for the City; however, this would also keep the Fleet Maintenance and Police Department in operation. He said this allowed the City to have staff and equipment to do a better job on the City's equipment. Mr. Couzzo said City Manager Kelly indicated that the revenues generated be given to offset the on -going expenses of the Fleet Division. He said this would assist the City in Page 5 y 5/4/90-pw providing better service. He said the City would be accommodating the Broward Sheriff's Office along with the work currently done. He said it was difficult to provide a bottom line cost because the work would vary based upon the usage, of the vehicles. Mr. Couzzo said he believed the City would be getting a to of cars to service in the beginning and the service would sub ide until the word of the work being performed was known. He 3aid if this occurred, the City would be drawing additional car from the Broward Sheriff's Office. Mayor Abramowitz asked the City Manager to submit a report,to the City Council after 60 days of the program indicating the amount of cars and.money generated by the service. V/M Hoffman said there was a benefit for the City because there would be more Police vehicles in service at all time which would provide better protection to the City. Mayor Abramowitz said he wanted to make sure that the City was benefiting from the program before a decision to continue as made. He asked if the City Council could receive a report'60 days after the program began regarding the results of this program. Mr. Couzzo said the Broward Sheriff's Office would be receiving a daily report on what vehicles were serviced. He said at the end of every month an in-depth spread sheet would be provided indicating what was done. He said this information would be given to the City Manager as well. C/M Schumann suggested that a limit list be given because Police cars travelled a different distance and at difference speeds than the normal vehicles. He said preventative maintenance could cover rotation of tires, wheel balancing, front end alignment, etc. He asked if there would be a list available indicating what services would be provided. Mr. Couzzo said the City had a list available in the Public Works Department which indicated items agreed on with the Broward Sheriff's Office to inspect on every vehicle brou ht to the City for maintenance. Mr. Couzzo said he felt that if the preventive maintenanc service was successful, the list would be expanded to inc ude other services. C/M Schumann asked if the City had the facilities to provide the various services and Mr. Couzzo replied, yes. Mr. Couzzo said the Fleet Maintenance Department presently had the manpower, facilities and equipment with which to accommodate the servicing of the Broward Sheriff's Office vehicles. He said the revenue being generated from the servicing of the Police vehicles would be used for the Fleet Maintenance Department. He said the City would be gaining revenue from this program. Mayor Abramowitz said if this was true, there may be too many employees at the Fleet Maintenance Department and Mr. Couzzo said this matter was reviewed and, if the Department did 100 cars per month, this represented 5 cars per day. He said 5 cars.per day at 40 minutes each was approximately 200 minutes which represented approximately 3-1/2 hours distributed to 4 personnel, which was 20 to 25 minutes per man; therefore, the Department did not have too many personnel. He said the existing personnel would be required to produce the work given to them. Mayor Abramowitz said he wanted the City Council 6 month report which indicated that this service to the City. He said he wanted to make sure that was not interfering with the normal operations of to receive a was a be efit the se ice the Cit . Page 6 5/4/90-pw Mr. Couzzo said City Manager Kelly did not allow the Broward Sheriff's Office to make the decision on this program. He said City Manager Kelly did a great job in getting the procedures to work as a benefit to the City. C/M Bender asked if the City would be handling the insurance on the Broward Sheriff's Office vehicles. He said the City needed a Hold Harmless Agreement and an Agreement indicating that the City would not be named by the Broward Sheriff's Office insurance carrier in cases of fire, theft, etc. Mr. Couzzo said the Risk Manager was looking into this matter and an arrangement would be made concerning this matter. C/M Bender asked if this work would alter the City's existing insurance liability and City Manager Kelly said this matter was being addressed at this time. C/M Bender said if the City had to pay higher insurance rates for providing the service, the revenue may not be as healthy as it seemed to be. City Manager Kelly said he discussed this matter with the Risk Managers in Dade County and they made recommendations to him. V/M Hoffman asked if the City was self -insured for liability and Mr. Couzzo replied, yes. V/M Hoffman said the City would not be charged more money for something for which they were self -insured. Mr. Couzzo said the City would be making arrangements with the Broward Sheriff's Office Risk Management Department. He said he would like a Hold Harmless from the Broward Sheriff's office or have them assume the additional liability to cover their vehicles. - C/M Zender said he wanted to make sure that the City was not liable in a costly manner. . City Manager Kelly said Interim City Attorney Ruf suggested changes in Item 1, "will be serviced" to "to be serviced" and Item 4, add "payment will be made within 20 days". C/M Rohr asked if it was possible to buy parts for the City's cars as well and Mr. Couzzo replied, yes. Mr. Couzzo said this matter would be reviewed because the City was paying a lot more than the Broward Sheriff's Office was paying for parts. * C/M Bender MOVED to APPROVE the Letter of Understanding, * SECONDED by C/M Schumann. VOTE: ALL VOTED AYE 5. DISCUSSION concerning the legal fees submitted by Morgan, Lewis & Bockius for the COMARK and ESM matters in the total amount of $21,884.08. SYNOPSIS OF ACTION: AGENDIZED by Consent. DISCUSSED. Mayor Abramowitz said this Item was Agendized= however, he did not want to discuss this matter without the Interim City Attorney present. C/M Rohr said he would like to discuss this matter so he could get more information. He said the information was submitted to him and he asked if this would be a continuing expenditure. He said the City was consistently spending money on these cases. Mayor Abramowitz said this was the final bill concerning the Comark matter. Page 7 5/4/90-pw C/M Rohr asked if the ESM matter was continuing and Mayor Abramowitz said there would be more time spent on this case' because there was a new ruling. He said the City had the opportunity to retrieve more money from this case. Ile Mayor Abramowitz said he was informed of this matter when was asked to sign a check. He said he did not want to sig the check without further information being submitted to tie City Council. He said the information submitted to the City Council was a document indicating how the money was spent. Mayor Abramowitz said Interim City Attorney Ruf informed hdim that the Comark case would be over once the City paid the costs. He said there was a new ruling on the ESM matter and the Courts were making a determination on exacting how much should be submitted to the various agencies. Mayor Abramowitz asked the City Manager to confirm with t City Attorney that this payment to the Comark case was tb final payment. City Manager Kelly said there was a call from Florida Power & Light indicating that the City may be experiencing power outages because they were picking up Florida Power Corporation as an added load. With no further business, Mayor Abramowitz, ADJOURNED thi meeting at 10:30 A.M. N RMAN ABRAMOWI Z, MAYOR C ROL A. EVANS, CITY CLERK "This public document was promulgated at a cost of $63.17 $7.90 per copy to inform the general public, public office and employees of recent opinions and considerations of the City Council of the City of Tamarac." CITY OF TAMARAC APPROVED AT MEETING OF 3 City Clerk !or rs rr� Page 8 5/4/90-pw