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_)