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HomeMy WebLinkAbout1989-09-28 - City Commission Special Meeting Minutes'AMARAC FLORHLJA 33370 RECORD OF COUNCIL ACTIONS/DISCUSSIONS SPECIAL MEETING CITY COUNCIL OF TAMARAC* FLORIDA There will be a Special Meeting of the City Council on Thursday, September 28, 1989, at 2:00 P.M. in Conference Room #1 of City Hall, 7525 NW 88 Avenue, Tamarac, Florida. The purpose of this meeting is as follows: 1. DISCUSSION AND POSSIBLE ACTION regarding a self-insurance plan for liability insurance. FINAL ACTION: It �s the intention of the City Council, on behalf of the City, to enter into a binder agreement with Arthur J. Gallagher & Co. and a formal contract to be drafted and brought back to the Council. 2. a. MOTION TO APPROVE the transfer of funds for the Police Building udget in the amount of $17,400.00 to cover actual total and anticipated expenditures at September 30, 1989. b. MOTION TO APPROVE the transfer of funds for the insurance operation budget in the amount of $5,000.00 to cover actual total and anticipated expenditures at September 30, 1989. FINAL ACTION: APPROVED a. & b. 3. MOTION TO ADOPT Temp. Reso. #5565 amending Resolution No. R-89-228 which revised the pay plan of a part time Structural Plans Examiner. FINAL ACTION: RESOLUTION NO. R-89-258 PASSED. APPROVED. 4. a. MOTION TO ADOPT Tem Reso. #5566 approving an Agreement with Robert K. Swarthout, Inc., to update the City's Land Development Code. b. MOTION TO ADOPT Temp. Reso. #5567 approving an Agreement with Siemon, Larsen & Purdy to update the City's Traffic Impact Ordinance (Chapters 24-45 through 24-54 of the City Code). FINAL ACTION: RESOLUTION NO. R-89-259 PASSED. APPROVED a. & b. RESOLUTION NO. R-89-260 PASSED. The City Council may consider and act upon such other business as may come before it. All meetings are open to the public. Pursuant to Section 286.0105, Florida Statutes tf a person decides to appeal any decision made by tM dly Council with respect to any matter considered at such meetft ar Carol A. Evans hearing, he will need a record of the prooeedings and for such City Clerk purpose, he may need to ensure that a verbatim record includes tl b testimony and evidence upon which the appeal is to be based CAE/nr CITY OF TAMARAC CITY COUNCIL SPECIAL MEETING THURSDAY, SEPTEMBER 28, 1989 CALL TO ORDER: Mayor Abramowitz Called this meeting to Order on Thursday, September 28, 1989 at 2:00 P.M. in Conference Room #1 (City Clerk's Office) . PRESENT: Mayor Norman Abramowitz Vice Mayor Dr. H. Larry Bender Councilman Bruce Hoffman Councilman Henry Rohr ABSENT AND EXCUSED: Councilman Jack Stelzer ALSO PRESENT: Mike Couzzo, Acting City Manager Richard Doody, City Attorney Carol A. Evans, City Clerk Ken Burroughs, Finance Director Kelly Carpenter -Craft, City Planner Peter Mack, Personnel Director Susan Tillman, Consulting Insurance Advisor Pauline Walaszek, Special Services Secretary 1. DISCUSSION AND POSSIBLE ACTION regarding a self -insured plan for liability insurance. SYNOPSIS OF ACTION: It is the intention of the City Council, on behalf of the City, to enter into a binder agreement with Arthur J. Gallagher & Co., and a formal contract to be drafted and brought back to the Council. Peter Mack, Personnel Director, said great effort and work was put into the consideration of a self -insured plan for liability insurance. He said the City was fortunate in being able to realign their insurance coverage. He said Susan Tillman would be informing the City Council of the proposed plan. Mayor Abramowitz said he listened to the Council meetings of the Cities of Lauderhill and Deerfield Beach. He said he was pleased that the City of Lauderhill was following the City of Tamarac in creating their own self -insured plan. Mr. Mack said David Marcus, Representative from Gallagher Bassett, Inc., was present. Susan Tillman, Consulting Insurance Advisor, said after the several budget meetings, she created a proposal. She said the City embarked on a self -insured program for Workers' Compensation approximately 2 years ago with Arthur J. Gallagher & Company. She said the City raised its deductible on Workers' Compensation to $100,000.00 Page 1 9/28/89-pw and the City paid its own claims under $100,000.00. She said Arthur J. Gallagher & Company purchased insurance for the City above that amount in case of catastrophic losses. Ms. Tillman said the claims experience was very remarkable and the claims seemed to be lessening over the past few years. She said she was recommending that the City embark on a self-insurance program of a similar type for their other areas of coverage, these being general liability, auto, property, boiler and machinery and errors and omissions insurance. Ms. Tillman said for the last 10 years the City paid approximately $179,000.00 in claims and approximately $3,000,000.00 in premiums. She said the City should take a little risk and embark in a self-insurance program. She said the cost of the insurance was approximately $185,000.00, with approximately $20,000.00 extra for an errors and omissions policy. C/M Hoffman asked what errors and omissions meant and Ms. Tillman said this insurance was for negligent acts of City employees for which the City could be sued. Mayor Abramowitz said he sat through several sessions regarding insurance and he was very pleased with the information submitted by Ms. Tillman. He said he was comfortable with the proposal submitted to the City Council and with Ms. Tillman's expertise. City Attorney Doody asked if there was a contract available to execute. Peter Mack said the contract would be approved by Resolution and the agreement would be brought back to the City Council after it was drafted. Mayor Abramowitz asked if staff was looking for an expression of interest and approval and Mr. Mack replied, Yes. Ken Burroughs, Finance Director, asked if the program would be effective October 1, 1989 and Mr. Mack said this was the intention. Mr. Burroughs asked if the City would be bare until the contract was approved and Ms. Tillman said the City was presently covered until November 1, 1989; however, approval was being sought for this contract on October 1, 1989. Ms. Tillman said an Ordinance and Agreement would be brought back to the City Council for approval. C/M Hoffman asked Ms. Tillman to explain the protection under the Sovereign Immunity Act, how the City was being covered against Federal Lawsuits and any lawsuit that may not be protected under the Sovereign Immunity Act. Ms. Tillman said the City Attorney may have more technical expertise on Sovereign Immunity; however, the concept of Sovereign Immunity was that the City was protected for more than $100,000.00 on tort claims. She Page 2 9/28/89-pw said tort claims were negligence claims against the City; however, there were several definitions regarding these claims and she and the City Attorney discussed these definitions. Ms. Tillman said tort claims were always subject to interpretation by the Courts. She said many Cities found it feasible as opposed to paying for insurance because they were protected and did not need additional insurance. She said it was better to rely on the Sovereign Immunity because the State of Florida was providing $100,000.00 protection, unless an individual went to the Legislature and received a claims bill or filed Federal action in the Federal Courts and received a judgment. She said these process took approximately two to three years and the City could accumulate funding for these cases during those years. Ms. Tillman said she did not seen from the City's loss experience that this has occurred in Tamarac for a long time. She said with a good loss handling, it should not occur. C/M Hoffman asked if the City should carry insurance to be protected against Federal action and Ms. Tillman replied, yes, and out of State action. Ms. Tillman said she recommended that an errors and omissions policy be purchased for over $100,000.00, which covers negligent acts against the City, which the act had to be called negligent when the City was sued. Ms. Tillman said she was recommending the self -insured program providing the City develop a very strong safety program by each Department holding safety meetings every month, safety training for the employees continuously and that the loss fund be funded every year and not depleted. Mayor Abramowitz said the safety program was discussed and the National Safety Council was willing to assist the City in a safety program. He said the reserve would be funded each year and he was very comfortable with the proposal. Joseph Schreiber, resident, asked if there was information available for this program or, if the program was in the process of being created. Mayor Abramowitz said the City Council and staff held several meetings on this matter. He said all of the City's history was submitted to the City Council and he would make sure that the information was available for Mr. Schreiber to review. Mr. Schreiber said he recommended this concept one year ago and he was curious to know how the program would be established. City Attorney Doody asked if the City was covered for liability until November 1, 1989 and Ms. Tillman said she erred and the coverage was until October 1, 1989. City Attorney Doody said this was a different scenario; therefore, a contract had to be executed today. David Marcus, representative of Arthur J. Gallagher & Company, said the City presently had a contract with the Page 3 9/28/89-pw company for Workers' Compensation. He said a sample was submitted to the City as to what the self -insured contract for liability would be like. City Attorney Doody said the agreement would have to be executed by October 1, 1989 and Mr. Marcus said if the City's by-laws indicated that the agreement must signed on October 1, 1989, yes. Ms. Tillman said the City needed to bind coverage by October 1, 1989, and City Attorney Doody asked that Arthur J. Gallagher & Company submit binders to the City by October 1, 1989. Mr. Marcus said he would submit the binders tomorrow and Mr. Mack said the expression of interest by the City would enable Arthur J. Gallagher & Company to bind coverage for the City. Mr. Marcus said the contract was a claims administration contract. He said the City was already under contract with Gallagher Bassett, Inc., for Workers' Compensation. He said there would be an agreement that the City would handle their own claims for liability and, Tamarac was the only public entity that would be able to have this. Mr. Marcus said with the City Council's approval today, he could deliver binders tomorrow, which would be the City's evidence of coverage. V/M Bender asked how long the binder would be effective and Mr. Marcus said until the policy was enacted. V/M Bender asked if there was no specific time certain and Mr. Marcus said he would keep the binders effective until the policies were enacted. Mayor Abramowitz asked the City Attorney how the City Council should act on this matter. City Attorney Doody said he understood that Arthur J. Gallagher & Company would submit written authorization to the City, which was a binder that would cover the City until an agreement was executed. He recommended that the agreement be approved by the City Council as soon as possible and he suggested that the City Council vote on this matter now. City Attorney Doody said the vote should state that it was the City's intention to enter into a binder agreement with Arthur J. Gallagher & Company for a self -insured liability program. * C/M Hoffman MOVED to APPROVE the City Council's intention, * on behalf of the City, to enter into a binder agreement with * Arthur J. Gallagher & Company and, with all appropriate haste, * a contract come back to the City Council for approval, subject * to the binder being binding until the agreement was before the * City Council for action, SECONDED by C/M Rohr. Mr. Marcus said the binders would bind the insurance coverage until a policy was issued. He said a binder would be submitted based on the proposal for a self -insured liability program. Mayor Abramowitz asked that this matter be expedited and Mr. Marcus said the binder would insure coverage until the policy was executed and recorded. Page 4 01 9/28/89-pw VOTE: ALL VOTED AYE 2. a. MOTION TO APPROVE the transfer of funds for the Police Building budget in the amount of $17,400.00 to cover actual total and anticipated expenditures at September 30, 1989. b. MOTION TO APPROVE the transfer of funds for the 'insurance operation budget in the amount of $5,000.00 to cover actual total and anticipated expenditures at September 30, 1989. SYNOPSIS OF ACTION: APPROVED a. and b. a) Ken Burroughs, Finance Director, said this was a housekeeping chore which would provide a transfer to the Police Building budget account so that the year end expenditures for the Department did not exceed the budget. He said the auditors were required to flag in their notes for the financial statements any Department that exceed their appropriations. He said monies were being transferred to prevent these accounts from being flagged as over appropriated. Mayor Abramowitz said some accounts were over and some were short. He asked if these transfers were averaging out the accounts and Mr. Burroughs agreed. Mr. Burroughs said the bottom line of the budget would not change. C/M Hoffman MOVED to APPROVE this Item, SECONDED by V/M Bender. GiAW= ALL VOTED AYE b. C/M Hoffman MOVED to APPROVE this Item, SECONDED by V/M Bender. VOTE: ALL VOTED AYE 3. MOTION TO ADOPT Temp. Reso. #5565 amending Resolution No. R-89-228, which revised the pay plan for a part-time Structural Plans Examiner. SYNOPSIS OF ACTION: RESOLUTION NO. R--89-258 - PASSED City Attorney Doody read Temp. Reso. #5565 by title. Mayor Abramowitz said at a previous City Council meeting the Council was informed that two people resigned and Acting City Manager Couzzo said this Item involved a part-time Structural Plans Examiner in the Building Department. Mayor Abramowitz said when this matter was brought to the City Council, they were informed that there was a vacancy in the Building Department; however, this position would not be added to the payroll. Peter Mack, Personnel Director, said the payroll was not being increased and the City was saving additional money with this position because benefits were not associated with it. Mr. Burroughs said the Budget for Fiscal Year 1989/90 provided for this position at the correct rate. He said the previous Resolution indicated the wrong pay rate. Page 5 9/28/89-pw Mayor Abramowitz asked if this was a housekeeping matter and Mr. Mack replied, yes. * V/M Bender MOVED to APPROVE Temp. Reso. #5565, SECONDED by * C/M Hoffman. VOTE: ALL VOTED AYE 4. a. MOTION TO ADOPT Temp. Reso. #5566 approving an Agreement wI ht Robert K. Swarthout, Inc., to update the City's Land Development Code. b. MOTION TO ADOPT Temp. Reso. #5567 approving an Agreement with Siemon, Larson & Purdy to update the City's Traffic Impact Ordinance (Chapters 24-45 through 24-54 of the City Code). SYNOPSIS OF ACTION: RESOLUTION NO. R-89-259 - PASSED APPROVED a. and b. RESOLUTION NO. R-89-260 - PASSED a) City Attorney Doody read Temp. Reso. #5566 by title. * C/M Hoffman MOVED to APPROVE Temp. Reso. #5566, SECONDED by * V/M Bender. Kelly Carpenter -Craft, City Planner, said the contracts were received this morning and she distributed them to the City Council. She said she was pleased that there was an excellent response to the Expression of Interest request. She said the firms responding were of a national caliber, which were Robert K. Swarthout, Inc., Siemon, Larson & Purdy and Burke, Bosselman & weaver. Mrs. Carpenter -Craft said the Negotiating Committee consisting of City Manager Kelly, Mike Couzzo and herself recommends that the City contract with Robert K. Swarthout, Inc., to update the Land Development Code. Mrs. Carpenter -Craft said because of the funds available, staff would like the company to review the Code and make recommendations as to the need for amendments. She said the company would draft an Interim Level of Service Ordinance, which would bring the City into compliance with State Statute 163. She said this Statute required the City to have their Land Development Codes up-to-date by December 1, 1989; however, this could not be done. She said this would provide for an Interim Code by December 1, 1989. Mrs. Carpenter -Craft said based on the result of the work, the need for Phase II of the contract could be decided at the end of Phase I. She said Phase II would provide for a more complete update of the Codes. She said the full scope of Phase II was not known until Phase I was completed. Mayor Abramowitz asked if Phase I would place the City into compliance and Mrs. Carpenter -Craft agreed. C/M Rohr asked if State funds would be received for this project and Mrs. Carpenter -Craft replied, yes. She said there were monies in the year's budget and the City was entitled to a grant in the amount of $12,500.00 from the State Department of Community Affairs. She said the Page 6 9/28/89-pw application forms were not received yet; however, the grant would be used to reimburse the City for the expenditure. She said there would be partial State funding for the project. VOTE: ALL VOTED AYE City Attorney Doody said the contracts did not seem to be in final form and there would be technical changes. Acting City Manager Couzzo said the City Attorney's Office would approve the final contracts and, if there were any problems, they would be resubmitted to the City Council. b. City Attorney Doody read Temp. Reso. #5567 by title. * V/M Bender MOVED to APPROVE Temp. Reso. #5567, SECONDED by * C/M Hoffman. Kelly Carpenter -Craft, City Planner, said the firm of Siemon, Larson & Purdy was the grandchild of the Babcock firm in Chicago, which was the firm that created the bible on zoning for the United States. She said the firm was not solely a Chicago firm and had an office located in Boca Raton. She said Mr. Siemon was a South Florida native and maintained his second home in Boca Raton; therefore, the contract would not be with the Chicago Office. Mrs. Carpenter -Craft said this contract would assist the City to understand the nature of any problems with and to suggest improvements to the Traffic Impact Fees. She said this was needed in the City. Mrs. Carpenter -Craft said the contract was similar to the contract for Item a. She said the City would be receiving a review from the company with a suggested set of revisions before the City authorized them to proceed. Mrs. Carpenter --Craft said the actual work effort was not known until the review was done. She said Page 3 consisted of a blank which she filled in by hand. She said the amount was $25,000.00 and staff expected the first Phase to be approximately $10,000.00 for time and material. She said the work would be done on an hourly basis. She said approximately $15,000.00 was expected for the second Phase. Mayor Abramowitz said the City needed this review for several years. C/M Rohr asked if State grants would be provided for this project and Mrs. Carpenter -Craft said the State grant discussed during the last item would be applied to this project. Mayor Abramowitz suggested that any opportunity for grants be pursued. He said Dina McDermott, Assistant to the City Manager, would be submitting a report to the City Council in the near future regarding the grant possibilities. VOTE: ALL VOTED AYE Page 7 9/28/89-pw With no further business, Mayor Abramowitz ADJOURNED th-i.S meeting at 2:40 P.M. NO MAN ABRAMOWITZ, MAYOR CAROL A. EVANS, CITY CLERK "This public document was promulgated at a cost of $51.40 or $6.43 per copy to inform the general public, public officers and employees of recent opinions and considerations of the City Council of the City of Tamarac." CITY OF TA1ViARAC APP OVER AT MEETING OF / o ;2- `99 C ty Clerk 1 1 1 .,i