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.
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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
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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
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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.
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the
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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
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I
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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
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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 .
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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.
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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
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