HomeMy WebLinkAbout1992-11-30 - City Commission Special Meeting MinutesCITY OF TAMARAC
CITY COUNCIL SPECIAL MEETING
MONDAY, NOVEMBER 30, 1992
Tape 1
CALL TO ORDER : Mayor Bender called the City Council Special Meeting
to order at 10:30 a.m. in Conference Room #1, City Hall.
PRESENT
Mayor H. L. Bender
Vice Mayor Henry Schumann
Councilman Norman Abramowitz
Councilman Irving Katz
Councilman Joseph Schreiber (arrived at 10:50 a.m.)
ALSO PRESENT :
John P. Kelly, City Manager
Mitchell S. Kraft, City Attorney
Patricia Marcurio, Office Manager, City Clerk
Phyllis Polikoff, Secretary
1. PUBLIC PARTICIPATION -Any member of the public may speak to any
issue wfiich is on this meeting notice. Speakers will be limited
to three minutes during this item and at public hearings. There
will be a thirty (30) minute aggregate time limit for this item,
and speakers are encouraged to sign up in advance with the City
Clerk prior to their participation.
Melanie Reynolds, resident, expressed her opinion with regard to
the garbage contract and that it should be a referendum item.
She suggested all residents be notified because the garbage
service affected them.
2. DISCUSSION AND POSSIBLE ACTION regarding the MRF (Materials
Recoiery-tacility)"Program.
SYNOPSIS OF ACTION:
DISCUSSED and TABLED to the
Regular City Council Meeting
on 12/9/92
Mr. Kelly suggested that no action be taken today because Council
requested a Workshop and this Item was agendized for December 9,
1992. He gave an overview and history of the MRF and the Inter -
Local Agreement with the Five North Cities Group and said Broward
County initially proposed an agreement including the MRF,
recycling, hazardous materials and the trash transfer station.
He said many Broward County Cities and members of the Northwest
Council of Mayors objected to the trash transfer station. He
said Broward County was asked to modify the proposal but they
said, no; however, if more than 51% of the population turned the
proposal down, another proposal would be offered.
Mr. Kelly said the City of Tamarac should support the MRF with a
caveat and Council should consider the agreement with Broward
County for solid waste disposal services and the eight -year
agreement for Recyclable Materials Recovery. He said an Attorney
from the Five North Cities Group was drawing up an agreement
regarding Terms between the City of Tamarac and the Five North
Cities Group.
C/M Katz asked the length of the Five North Cities Group
Agreement and if the MRF would take precedence. Mr. Kelly said
the MRF would take precedence and the Agreement had another two
years.
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Special Meeting
C/M Abramowitz said in his opinion, Broward County should come
back with a new proposal, Council should make a decision on the
MRF, and it would cost approximately $6.00 plus per customer. He
said the trash transfer station should not be paid for by Tamarac
because the City could not use it.
C/M Abramowitz voiced his opinion regarding the MRF, recycling in
Palm Beach County, and that recycling was not a revenue producer.
He agreed to place this matter on the next Regular Council agenda
and would wait for details on the side -bar agreement.
* C/M Katz MOVED to TABLE the MRF (Materials Recovery Facility)
proposal to December 9, 1992, SECONDED by C/M Abramowitz.
VOTE : ALL VOTED AYE
4. STATUS UPDATE on the garbage report.
SYNOPSIS OF ACTION:
DISCUSSION`and City Manager
will research possibility of
Southern Sanitation paying
overdue monthly franchise fees.
City Manager will report back
to Council.
Mr. Kelly said he spoke with representatives from Southern
Sanitation and Waste Management regarding garbage and the multi
family units. He said a draft was prepared and reviewed and both
haulers were advised they would receive a draft to consider.
C/M Abramowitz said he believed anything could be negotiated
within the guidelines of the RFP. Mr. Kelly said, yes, and City
Attorney Kraft agreed.
There was discussion regarding what could or could not be
negotiated. C/M Abramowitz said a multi -family unit should be
able to change their minds and select a different size
container. Mr. Kelly agreed and said changes were part of the
draft proposal.
C/M Abramowitz suggested Council members submit their input on
what they wanted to negotiate and Mr. Kelly agreed.
C/M Schreiber asked if the vendor was responsible for negotiating
with each individual homeowner association. Mr. Kelly said, yes.
C/M Abramowitz said the City had a meeting with the homeowner
associations to up -date them.
C/M Schreiber said the RFP indicated changes on the sizes of the
containers could be made several times per year and the vendor
had to make agreements with each homeownersassociation. Mr.
Kelly agreed the successful vendor should come before Council
with a proposal after they met with the representatives from
Kings Point.
C/M Katz expressed his concerns with regard to complaints
resulting from the original contract which pertained to recycling
and reducing the sizes of the containers and agreed the
successful vendor should speak to each individual homeowners
association.
C/M Schreiber expressed his opinion regarding County Waste,
Southern Sanitation, and bidding requirements in the RFP.
Mr. Kelly stated he would speak with the haulers about their
concerns and would advise the Council. He said at the last
meeting, Council directed him to pursue garbage bags for single
family units. He said the lowest bidder was Seacoast Sanitation
which proposed $1.10 per bag and the next lowest was All Service
Refuse Company. He said a report would go back to Council after
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City Council Special Meeting
11/30/92/PP
Page 3
his background check on Seacoast Sanitation.
C/M Abramowitz asked for a stipulation that the contract could
not be sold. Mr. Kelly agreed but "without the permission of the
Council" should be added. C/M Abramowitz agreed.
There was discussion regarding the Performance Bond in the event
of a forfeiture. C/M Katz asked what the break-even point would
be on a five-year contract/$250,000 Performance Bond.
C/M Katz asked Mr. Kelly and/or City Attorney Kraft to ask
Southern Sanitation to voluntarily pay their overdue monthly
franchise fee from their old agreement. City Attorney Kraft
agreed.
C/M Abramowitz asked if it was a violation of the RFP to speak
with All Service Refuse about the length of a Performance Bond.
City Attorney Kraft said there should not be any problems.
* Mayor Bender asked for a time certain regarding the haulers and
the bags. Mr. Kelly said Council would receive a response no
later than December 9.
Tape 2
* C/M Katz asked Mr. Kelly and City Attorney Kraft to indicate
their interpretation of the $.95 relative to the recycling
agreement. Mr. Kelly said he would advise C/M Katz further.
5. DISCUSSION AND POSSIBLE ACTION regarding cleaning of Tamarac
waterways .
SYNOPSIS OF ACTION:
AGENDIZED by Consent and
APPROVED hiring two full-
time temporary employees for
a six-month period at a
cost of $16,950.68.
Mayor Bender said complaints had been received on the condition
of the canals and he recommended a crash program be implemented.
He said it was suggested that Michael R. Couzzo, Director of
Public Services, hire two employees for a period not to exceed
six months.
There was discussion about the equipment and if licenses were
needed before the work could be done. Mayor Bender said the
issue was clean-up, not chemicals.
* C/M Abramowitz MOVED to AGENDIZE the hiring of two full-time
temporary employees for a period not to exceed six months to
clean-up the waterways, SECONDED by C/M Katz.
VOTE : ALL VOTED AYE
Mr. Kelly said the two temporary employees would get F.I.C.A.,
C.O.L.A. but no benefits and the cost would be $16,950.68.
* C/M Abramowitz MOVED to APPROVE the hiring of two full-time
temporary employees for a period not to exceed six -months at a
total cost of $16,950.68, SECONDED by C/M Katz.
VOTE : ALL VOTED AYE
6. DISCUSSION AND POSSIBLE ACTION regarding an audit of FP&L by
M.A.S.
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11/30/92/PP
Page 4
SYNOPSIS OF ACTION:
P,GENDIZEDwby Consent and
APPROVED a contract with M.A.S.
strictly on a contingency basis
at 33-1/3% with the exception of
travel expenses not to exceed
$2,500. The City is to receive
a complete audit of FP&L whether
recovery is possible or not
including a written proposal
from M.A.S. for the purpose of
review by the City Attorney.
Mayor Bender said M.A.S. contacted the City about auditing FP&L
on a contingency basis of receiving 33-1/3%, at no cost to the
City. He said M.A.S. advised the only cost would be for
transportation not to exceed $2,500.
* C/M Katz MOVED to AGENDIZE an audit of FP&L by M.A.S., SECONDED
by C/M Schreiber.
VOTE : ALL VOTED AYE
Mayor Bender said the breaking point would be $7,500 in order for
the City to recover the $2,500.
* C/M Abramowitz MOVED to ENTER into an agreement with R.A.S.
strictly on a contingency basis of receiving 33 1/3%, with the
exception of traveling expenses not to exceed $2,500 for any
expenses, and a written proposal should be submitted by M.A.S.
for review by the City Attorney, SECONDED by C/M Katz.
C/M Abramowitz said there should be a stipulation that the City
receive a completed audit whether or not the City could recover
any monies. Mayor Bender agreed.
Mr. Kelly said he was concerned about the bidding process. City
Attorney Kraft responded the audit should go out to bid. Mayor
Bender said the Charter indicated anything under $10,000 did not
have to go out to bid and asked if a RFP had to be prepared.
City Attorney Kraft said there could be a problem if the 33-1/3%
was over $10,000 and he requested a written proposal from M.A.S.
VOTE : ALL VOTED AYE
7. DISCUSSION AND POSSIBLE ACTION regarding appointment of regular
mem ber to Social services Board.
SYNOPSIS OF ACTION:
AGENDIZED by Consent and
APPROVED appointment of
Elizabeth Aguado as regular
member of Social Services
Board for a term to expire
6/20/93.
C/M Abramowitz indicated Helen Sobel, Chairman of tihe Social
Services Board, requested Elizabeth Aguado be appoinmed do the
Board.
* C/M Abramowitz MOVED to AGENDIZE by Consent the APPOINTMENT of
Elizabeth Aguado as a regular member of the Social Services
Board, SECONDED by C/M Katz.
VOTE : ALL VOTED AYE
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City Council Special Meeting
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Page 5
* C/M Abramowitz MOVED to APPROVE the appointment of Elizabeth
Aguado as a regular member of the Social Services Board for a
term to expire 6/20/93, SECONDED by C/M Katz.
VOTE ALL VOTED AYE
8. City MANAGER REPORT :
SYNOPSIS OF ACTION:
AGENDIZEI) Consent and
direction was given to City
Manager Kelly to place half -
page ad regarding City of
Coconut Creek's 25th Anniversary
at cost of $250.
Mr. Kelly said the City of Coconut Creek sent notice of their
25th Anniversary including dinner, advertising, and tickets; a
Platinum full -page ad and a Gold half -page ad. He said the Gold
half -page ad would cost $250 and Mayor Bender recommended the
Gold half -page ad.
Mayor Bender directed Mr. Kelly place a half -page ad at a cost of
$250.
Mr. Kelly said Kelly Carpenter, Director of Community
Development, requested a Workshop regarding Traffic Impact Fees
and how they could be spent.
3. DISCUSSION AND POSSIBLE ACTION on the A. J. Gallagher contract.
SYNOPSIS OF ACTION :
APPROVED agreement with payment
of $11,000 as amended to delete
last sentence on Page 1, Section II -
Term - "Thereafter this Agreement
shall be automatically renewed for
successive one (1) year terms until
terminated as provided herein."
Mr. Kelly said Council was concerned about the $11,000 premium
and the scope of services. He said the Florida League of Cities
covered the City for auto and general liability and Workers'
Compensation and their current proposal was less comprehensive
and $5,000 more than Sphere Drake's proposal of $112,000 with
more and better coverage. He indicated Council's concern that A.
J. Gallagher was getting additional commissions.
C/M Abramowitz asked why Gallagher's premium was less but the
coverage was better.
Ed Arango, Account Executive of A. J. Gallagher, answered that a
proposal was offered at a meeting on October 23, 1992 and
attended by Mr. Kelly, City Attorney Kraft, former Risk Manager
Tom Gifoli and former Personnel Director Peter Mack. He was
instructed on October 30, 1992 to bind the coverage and at that
point, the City was committed to pay the $11,000 premium.
Mr. Arango said Mary Blasi, Finance Director, was contacted on
November 11, regarding Insurance Services Fee Agreement and
copies of the proposal were provided to Council and Mr. Kelly.
Mr. Arango discussed Section I - 1992/1993 Program Highlights -
and Gallagher would provide:
a, broad blanket written contractual liability between any
third -party in the City
b. blanket discrimination coverage
C. sexual misconduct coverage
d. inverse condemnation coverage
City Council
11/30/92/PP
Page 6
Tape 3
Special Meeting
Mr. Arango said the indicated coverages were never in the
existing policies.
C/M Abramowitz asked for clarification of Defense/Legal Expenses
as it related to S.I.R. and limits. Mr. Arango said Defense/
Legal Expenses could now be charged to the Self -Insured Retention
Fund.
Mayor Bender stated the City gained in coverage with,a reduction
in premium.
C/M Schreiber said Sphere Drake Insurance was a non -licensed
Company and the State would not cover the City if they defaulted
and he asked about their experience.
Mr. Arango said Sphere Drake was managed by other Gallagher
programs for over 25 years and was stronger than the Florida
League and 14,000,000 London Pounds recently went into their
balance sheet from the parent company. He added the current
policy under the Florida League was also not guaranteed by any
Florida Guaranty Fund.
V/M Schumann asked what would happen if Sphere Drake went
bankrupt and if the policy was accessible. Mr. Arango said he
was not sure but believed it was a non -accessible policy and
would research the answer and report back to the City.
V/M Schumann asked if the funds maintained in Marine Midland Bank
were sufficient and who was Gallagher's corporate parent. Mr.
Arango said he did not know about the funds and Arthur J.
Gallagher & Company, Illinois, was the Corporate Parent.
Mr. Arango said the Fee Service Agreement was proposed because
Gallagher was interested in renewing their relationship and
providing services to the City and the premium was decreased in
lieu of commission.
There was discussion regarding Police Professional Liability
Coverage. Mr. Arango said there were various options under the
Risk Management Program and said coverage was included in the
$11,000 and if removed, would not affect the premium.
* C/M Schreiber MOVED to APPROVE the agreement which included
payment of $11,000, SECONDED by C/M Katz.
V/M Schumann said the MOTION should just be for payment of the
$11,000 and not the agreement.
V/M Schumann stated his concern about automatically renewing the
contract - Page 1, Section II (A) and C/M Abramowitz agreed. Mr.
Arango said automatic renewal could be stricken, subject to
review by his Company and suggested Council refer to Section XII
of the Executive summary.
C/M Schreiber asked if the premium would increase due to striking
the automatic renewal. Mr. Arango said, no.
* C/M Schreiber MOVED to APPROVE payment of $11,000, SECONDED by
C/M Katz.
VOTE ALL VOTED AYE
* C/M Abramowitz MOVED to ACCEPT the agreement as AMENDED to strike
Section A under TERM "Thereafter this agreement shall be
automatically renewed for successive one (1) year terms until
terminated as provided herein", SECONDED by C/M Schreiber.
F,
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City Council Special Meeting
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Page 7
Mr. Arango said the stricken portion would be replaced, the
agreed term would be October 1, 1992 through October 1, 1993, the
agreement would not be an automatic renewal but could be renewed
at the City's option.
* C/M Abramowitz AGREED to AMEND the MOTION that the term agreed to
would be October 1, 1992 through October 1, 1993, the agreement
was not an automatic renewal but could be renewed at the City's
option.
VOTE ALL VOTED AYE
Mayor Bender ADJOURNED the Meeting at 12:03 P.M.
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