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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. City Council 11/30/92/PP Page 2 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 E 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. City Council Special Meeting 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 I City Council Special Meeting 11/30/92/PP 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, I 1 City Council Special Meeting 11/30/92/PP 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. 4Car4ol A. ans City Clerk 1-1 Bender aor Cffy (W TAXAUC