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HomeMy WebLinkAbout1992-10-20 - City Commission Special Meeting MinutesCity Council Special Meeting 10/20/92/ew Page 1 CITY OF TAMARAC, FLORIDA CITY COUNCIL SPECIAL MEETING TUESDAY, OCTOBER 20, 1992 CALL TO ORDER: Mayor Bender called this meeting to order on Tuesday ,'October 20, 1992, at 11:30 a.m. in Conference Room 1, Tamarac City Hall, 7525 NW 88 Avenue, Tamarac, Florida. PLEDGE OF ALLEGIANCE: Mayor Bender called for the Pledge of Mlegiance.�V PRESENT: Mayor H. Larry Bender Vice Mayor Henry Schumann Councilman Joseph Schreiber Councilman Norman Abramowitz Councilman Irving Katz ALSO PRESENT: 'Jo'hn P. Kelly, City Manager Dina McDermott, Assistant City Manager Mitchell S. Kraft, City Attorney Kelly Carpenter, Director of Community Development Karen Jackson, Secretary 1. PUBLIC PARTICIPATION Mayor Bender opened the meeting to the public. Melanie Reynolds, resident, asked if Charlie Turner, the crossing guard, was fired. Mayor Bender said Mr. Turner requested to be moved into a position with less responsibility. With no further response, Mayor Bender closed the public participation of the meeting. 2. DISCUSSION AND POSSIBLE ACTION on School Crossing Guards. SYNOPSIS OF ACTION: APPROVED allowing City Manager, City Attorney and Staff to nter into negotiations with Adia. Mr. Kelly said there have been problems staffing the crossing guards. He said Mr. Turner has had recent surgery and wants to resign from the role of supervisor of crossing guards. He said an expensive alternative to the short fall of crossing guards is having Code Enforcement fill in when needed. He said BSO also offers deputies to assist. He said this cannot be a long term solution. Mr. Kelly said Ms. Carpenter researched a training program with the County and a take over by the County in the next few years. Ms. Carpenter said Pompano, Fort Lauderdale and Deerfield Beach hired a firm to provide school crossing services for their cities. She said Fort Lauderdale is in their second three-year contract with Adia. She said they have a piggyback clause in their contract which allows any other city, which wishes to accept the general terms of their contract, to use the Fort Lauderdale contract rather than have to go out to bid. Ms. Carpenter said this has been discussed with Adia and they have confirmed that they are int rested in providing the service to this City. She said in the 1992/93 budget, there is $57,125.00 for twelve positions. She said only eleven are filled on a regular basis and the other is for an alternate. City Council Special Meeting 10/20/92/ew Page 2 She said th budget also allows for protective clothing and uniforms in the amount of $1,670.00. Ms. Carpenter said Adia's contract with the City of Port Lauderdale at a wage rate of $6.25 per hour would total $43,313.00 annually. She said this would be a savings of $13,812.00 to the City in wages and $1,520.00 savings in clothing. She said a protective vest and a raincoat must be supplied by the City. Ms. Carpenter said an inordinate amount of time is spent on the crossing guards and the service is essential. She said ten posts serve Tamarac Elementary and one post serves Pinewood Elementary. She said there have been pretty serious problems in the last months with the crossing guards. She said two people are out seriously ill and one person received a full time job. She said Mr. Turner is having eye -sight problems and no longer wants to be supervisor. Ms. Carpenter said this problem needs to be solved. She said the school crossing guards make about $8.00 per hour and Code Enforcement Officers make $11.00 to $12.00 per hour. She said Code Enforcement is covering for the crossing guards and, therefore, not doing their own work. Mayor Bender asked how many people are currently employed and Ms. Carpenter said there are eleven positions and four are currently vacant. Mr. Kelly said the City's seven employees will be given priority if this contract is accepted. He said there is a salary reduction for some of the people but there are benefits provided to them that are not provided by the City. C/M Schreiber asked what the conditions of cancellation are and Mr. Kelly said a thirty day notice is required. V/M Schumann asked if this firm is classed as an independent contractor and Mr. Kraft said he had not fully reviewed the contract and needs to look at it more closely before responding. V/M Schumann asked if there was a hold harmless agreement and Mr. Kraft said it is not in the documents. He said apparently the hold harmless is included in the Fort Lauderdale boiler plate which is part of the bid documents. He said this would ultimately be included. Ms. McDermott said if Tamarac piggybacks on the contract, there would be an addendum giving the rate and how many days and hours per year. Ms. Carpenter said Tamarac's cost would be approximately $129,000.00 per year. She said services are being bought from a company and the school crossing guards are employees of Adia. V/M Schumann asked if the company is an independent contractor with the City and Ms. Carpenter said, yes. C/M Katz asked what additional exposure the Risk Manager or the City Attorney could add to the contract. V/M Schumann said the City would be made an insured on their policy. Mayor Bender said the City would need the same protection and clauses that the City has with BSO. V/M Schumann asked if the City could get this contract without a piggyback and Ms. McDermott said the City would have to go out to bid. Discussion was held. City Council Special Meeting 10/20/92/ew Page 3 C/M Abramowitz said this is a way to solve an existing problem and save mon y. Mayor Bender said the Fort Lauderdale contract should be r viewed approving the paragraphs that are protective to the City and adding the items that the City desires as boiler plate items. Mr. Kraft said he would review the Fort Lauderdale contract and, if necessary, change it. He said the City has to have a hold harmless and has to be named as an insured. Mayor Bender said to also include a clause for the priority of the current crossing guards. * C/M Abramowitz MOVED to allow the City Manager and Staff to enter into negotiations with Adia and have the City Attorney bring to Council objections and additions before finalization so that Council can make any changes, SECONDED by C/M Katz. VOTE: ALL VOTED AYE C/M Abramowitz said in response to the Public Hearing, a Department Head does not have the right or ability to fire an employee. C/M Schreiber said this contract would be a benefit to the City and is an example where privatization can be helpful to downsize the cost of government. He said Council should look into other areas of City operations where costs can be reduced. 3. DISCUSSION AND POSSIBLE ACTION on FP & L blasting. SYNOPSIS OF ACTION: APPROVED Counci1'­ieading the documentation, Broward County Blasting Ordinance and City Code, Chapter 7, Division 2, 3, 4 & 5, and submitting questions to Jim Hunter, FP & L representative, who will respond with the information to the City Manager. Mr. Kelly said Jim Hunter, representative from FP & L, is pr sent. He said FP & L has provided the City with a written request regarding blasting the western section of Land Section 7 in back of the Public Works Complex. He said Broward County's ordinance takes precedence and the County has control. He said the City is reviewing County guidelines. He said the blasting is precedent to the City getting the balance of the money from FP & L. C/M Katz asked whether FP & L is willing or has already agreed to post bonds for damage. He said he would like a stretched out time limit so damages have time to surface. He said he wants indemnification from FP & L, not a bonding company. Mayor Bender said there are many unknown factors with blasting. He said blasting will last 2 to 3 days. He said the City wants to have the authority to stop FP & L from further blasting if there are any effects from it. He said there are also high voltage poles in the areas that could block out electricity. V/M Schumann asked if any of the blast frequencies will be the multiple or harmonic of any ham or CB frequencies in the area. C/M Schreiber asked if ther is a schedule as to how the blasting will be done and whether blasting is necessary. He asked if the blasting can be controlled so that the City knows if there is damage. C/M Abramowitz said if there was another way to do this FP & City Council Special Meeting 10/20/92/ew Page 4 L would not be asking to blast. He said the concern is the noise and the complaints. He said if there is a problem, the City needs the ability to go to FP & L with the problem. Discussion was held on FP & L and the public. Mayor Bender said FP & L should go public and notify the people in the City. Jim Hunter, representative from FP & L, said the construction project is bonded and insured. He said FP & L will be responsible for any damage that they cause as a result of the blasting. He said Broward County reviews the blasting guidelines in the package and suggested that within the County guidelines, FP & L could have been much easier on themselves. He said the nearest structures are concrete transmission lines and FP & L does not want to cause any movement there because of problems to the electrical grid, He said they will be stemming the blast even though it is not required by the County. He said this is putting gravel down on top of the blasting charge. He said it helps reduce the flying debris. Mr. Hunter said they require the contractor to do matting which helps to reduce vibrations and upheaval of earth and rock. He said heavy rubber tires woven together with steel cables are placed over the area to be blasted. He said these are extra measures that they take. Mr. Hunter said the blasting charges keep the blast at 140 decibels or below. He said he is advised that the County requirements are not nearly as stringent. He said they may do more blasting at a lower level to accomplish the job. He said they try to keep the vibration and the noise down. Mr. Hunter said FP & L would notify the City before work begins. He said they also notify the police and fire depart- ments. Mayor Bender asked if traffic would have to be detoured from that area and Mr. Hunter said he is not certain but it will be done if required. Mr. Hunter said he could not answer the questions regarding frequency but he will investigate and provide the City with that information. V/M Schumann said if there are any harmonics, the City can cut the two repeaters down in this locality and the hams can be notified to stay off the air. Mr. Hunter said if blasting causes damage problems in the City, FP & L would stop and take corrective action. He said FP & L does not want to blast but the earth is tough. Mr. Hunter said FP & L will monitor the blasting and the County will probably set up monitoring at the toll booth and the expressway overpass. He said they will also be notifying the City of Sunrise because they have buildings closer to the area than Tamarac. V/M Schumann asked about the magazines and Ms. McDermott said Broward County Code specifically outlines the magazines. Mr. Kelly said points of contact for communications will be appointed. He said he wants to know who the onsite representative will be for FP & L and the City representative would be Jim Budzinski, Fire Chief. He said Mr. Budzinski will coordinate police and fire. Mr. Hunter agreed and said a spokesperson would be appointed. C/M Abramowitz suggested that questions be given to Mr. Hunter and then have Mr. Hunter come back to Council with the City Council Special Meeting 10/20/92/ew Page 5 answers. C/M Abramowitz asked if they blast and then come in with equipment to clean it out and then blast again. Mr. Hunter said yes to some extent, depending on how effective the initial charges are. He said that is why it is hard to tie down to an exact period of time that it is going to take. C/M Abramowitz said sometimes the perception is far more frightening than reality. Mr. Hunter said blasting is done routinely throughout Dade, Broward and Palm Beach Counties. Tape 2 * C/M Abramowitz MOVED that Council submit questions to Mr. Hunter, representative from FP & L, for any information that is needed. Mayor Bender said FP & L is looking for a permit from the City and Mr. Hunter said, no, the City does not have an ordinance on this. He said he wants the City's passive approval. Mayor Bender asked if the County would give approval for a permit without the City's knowledge or approval. C/M Abramowitz said in the event of a problem with Broward County, an appeal can be made directly to the Commissioners. C/M Katz said they want to work with the City. V/M Schumann said he wanted to add to the Motion that Council read the background and then come forth with any questions and he SECONDED. The maker of the Motion agreed. C/M Schreiber asked how soon FP & L wants to blast. Mr. Hunter said they are applying for the County permit and will start afterwards. C/M Abramowitz said as the maker of the Motion, he has no objections. Ms. McDermott said they have to pull a City permit and then they go to Broward County and pull a permit. C/M Katz said FP & L has been holding the balance of payment subject to applying and getting permits. If they get a permit this week, is the balance of the money going to be brought to the City. Mr. Hunter said as there is progression with the construction there are permits that are not anticipated. C/M Katz said this is very vague. Mayor Bender said a Motion is on the floor and it has been Seconded. C/M Abramowitz said the Motion is to have Mr. Hunter come back with answers to the questions from Council to Mr. Kelly and V/M Schumann wants a stipulation saying that everyone on Council should read this because many of the questions Council has will be answ red if the documentation is read. Mayor Bender said the documentation is the Broward County Blasting Ordinance and City of Tamarac Code, Chapter 7, Division 2, 3, 4 & 5. VOTE: ALL VOTE AYE City Council Special Me ting 10/20/92/ew Page 6 Mayor Bender said the City Council may act upon other business as may come before them and he asked if there was any other business. Mr. Kelly said there is a resignation on the Planning Commission and direction needs to be given as to when Council wants it on a meeting for action. He said Zaharia Levy, a regular member resigned. He said the options are appointing a n w member or leaving the position unfilled and using an alternate. Mayor Bender said the Chairman needs to use the alternates and let then take turns participating. C/M Abramowitz said he will not give that authority to the Planning Commission. He said he wants to read the Code. Mr. Kelly said C/M Schreiber made a request regarding the self insurance program and at Council's convenience touch base with Ms. McDermott and she will make it available. Mr. Kelly said Council had made a request regarding the Veterans Affairs Committee and correspondence from Melanie Reynolds indicating that Mayor Bender was in error when he said the Charter does not provide for a Vice Chairman of the Veterans Affairs Committee. He said Ms. Reynolds reference was incomplete. He said it goes on to say "unless otherwise provided in this Code". He said pursuant to the Tamarac Code the Chairman of the Veterans Affairs Committee shall be nominated by the members of the Committee, but appointed by the Council. He said this was done at the September 9, 1992 Council meeting. C/M Schreiber said the question is Vice Chairman. Mayor Bender said where the Code provided for a Vice Chairman Council addressed it and where the Code did not address a Vice Chairman neither did Council. Discussion was held on providing a Vice Chairman.. Mr. Kraft read Section 24.61 regarding the Planning Commission. V/M Schumann said if someone resigns, they are unable to serve. Mr. Kraft said it is a gray area but if someone resigns the Board it means they are no longer able to serve. Mayor Bender recommended having the Chairman alternate the alternates so that they all had a chance to serve. C/M Abramowitz said he received a memo five weeks ago from Mr. Sherman asking to be appointed as a regular member and C/M Katz said at that time Mr. Levy had not officially resigned. Mr. Kelly said residents have complained about their roofs since the hurricane. He said Mrs. Grey, resident, asked that a seminar be held so that residents can come in and ask the Building Inspectors questions regarding roofing. He said another resident complained that she hired an engineer to look at her roof and he said that in 1978 or 1979 it was not s cured as it should have been. He said the resident wants the City to hire someone to fix her roof. He said the City is not accepting that responsibility. Mr. Kelly said a meeting date needs to be set to discuss garbage, the cable audit bill from David M. Griffith and the status on the cable. 11 C/M Abramowitz asked Mr. Kelly if a recommendation was made City Council Special Meeting 10/20/92/ew Page 7 regarding the garbage. Mr. Kelly said r commendations were made. C/M Katz asked if vendors that utilized the bag system use different size bags and the response was yes. C/M Abramowitz said he was the first person to recommend bags and he has changed his mind. He said the bags in Plantation are subsidized for $400,000.00. He said Plantation is concerned that the trash transfer stations will be closed because garbage is being dumped all over the City of Plantation. He said this is a severe problem. Council agreed that a workshop meeting should be set. with no further business, Mayor Bender ADJOURNED this meeting at 12:35 p.m. . BENDER MAYOR AROL A. EVANS CITY CLERK CITY OF TAMARAC APPROVED AT MEETING OF_)