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HomeMy WebLinkAbout1988-11-15 - City Commission Special Meeting Minutes000-k-11-1111 7525 NORTHWEST 88TH AVENUE TAMARAC, FLORIDA 33321.2401 - TELEPHONE (305) 722.5900 • RECORD OF COUNCIL ACTIONS/DISCUSSIONS SPECIAL MEETING CITY COUNCIL OF TAMARAC, FLORIDA There will be a Special Meeting of the City Council on Tuesday, November 15, 1988 at 9:30 a.m. in Conference Room #1 (Room 103), City Clerk's Office, City Hall,. 7525 N.W. 88th Avenue, Tamarac, Florida 33321. The purpose of this meeting concerns the following items: 1. MOTION TO ADOPT Temp. Reso. #5232 approving Article 15 entitled "Medical Coverage" to the Agreement with the International Association of Fire Fighters (IAFF), Local 2600. FINAL ACTION: RESOLUTION NO. R-88-310 PASSED. APPROVED subject to working out the implementation procedures with the Finance Director, 2. MOTION TO ADOPT Temp. Reso. #5233 approving Article 13 entitle "Health Insurance" to the Agreement with The Federation of Public Employees (FPE). FINAL ACTION: RESOLUTION NO. R-88-311 PASSED. APPROVED subject to a Letter of Understanding added to Article 13 relative to reimbursement for Medicare. 3. MOTION TO ADOPT Temp. Reso. #5234 declaring the results of the November 8, 1988, Special Election voting for Amendments to Sections 4.02, 8.01(a) and 8.01(c) of the City Charter. FINAL ACTION: APPROVED. RESOLUTION NO. R-88-312 PASSED. 4. MOTION TO ADOPT Temp. Reso. #5235 regarding subpoenas for the hearing for John F. Montalvo, Jr. to be held on November 22, 1988 at 9:00 A.M. in City Hall, Conference Room #1. FINAL ACTION: RESOLUTION NO. R--88-313 PASSED Agendized by Consent and APPROVED. The Council may consider and act upon such other business as may come before it. All meetings are open to the public. rrt to Section 286.0105, Florida Statutes ao,4�j(42eo�� If a decides to appeal any decision made by the city Coun with respect to any matter considered at such meetin3 or Carol A. Evans hearing, he will need a record of the procsadings and for such City Clerk purpose, he may need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is to be band AN EQUAL OPPORTUNITY EMPLOYER POLICY OF NONDISCRIMINATION ON THE BASIS OF HANDICAPPED STATUS CITY OF TAMARAC CITY COUNCIL SPECIAL MEETING TUESDAY, NOVEMBER 15, 1988 TAPE 1 CALL TO ORDER: Mayor Abramowitz called this meeting to Order on Tuesday, November 15, 1988 at 9:30 A.M. in Conference Room #1 (City Clerk's Office). V0RQ MT - ABSENT AND EXCUSED: ALSO PRESENT: Mayor Norman Abramowitz Vice Mayor Jack Stelzer Councilman Dr. H. Larry Bender Councilman Bruce Hoffman Councilman Henry Rohr Mike Couzzo, Acting City Manager Richard Doody, City Attorney Ken Burroughs, Finance Director Larry Perretti, Personnel Director Alan Ruf, Consulting Attorney Carol A. Evans, City Clerk AGENDIZED BY CONSENT 4. MOTION TO ADOPT Temp. Reso. #5235 regarding subpoenas for the hearing for John F. Montalvo, Jr., to be held on November 22, 1988 at 9:00 A.M. in Conference Room #1 at City Hall. SYNOPSIS OF ACTION: (SEE PAGES 8, 9 and 10 for Final Action) Mayor Abramowitz announced that Temp,_ Reso. #5235would be Agendized by Consent as Item 4. 1. MOTION TO ADOPT Temp. Reso. #5232 approving Article 15 entitled "Medical Coverage" to the Agreement with the Inter- national Association of Firefighters (IAFF), Local 2600. SYNOPSIS OF ACTION: RESOLUTION NO. R-88-310 - PASSED APPROVED subject to working out the implementation procedures with the Finance Director. City Attorney Doody read Temp. Reso. #5232 by title. * C/M Bender MOVED to APPROVE Te—.T2. Reso. #5232, * SECONDED by C/M Hoffman. Alan Ruf, Consulting Attorney, said this Article was prepared and was the only open Article in the International Association of Firefighters contract. He said the International Association of Firefighters procured their own Insurance coverage with Principal Mutual Life Insurance Company. He said all of the Unions in the City had to do this because of the excessive costs in Health Insurance. Page 1 11/15/88 Mr. Ruf said the International Association of Firefighters would be administering the program and intended to exert peer pressure to keep the costs at a minimum. He said the City would be able to save approximately $30,000.00 providing a catastrophe did not occur; however, if it did, the City's potential would exceed the other subsidies. Mr. Ruf said there would be a re -opener yearly and if the International Association of Firefighters' cost benefits were not as hoped, negotiations would take place to make up the difference in salaries and benefits to keep the program. He said he and staff recommend that this program be tried on a yearly basis. C/M Hoffman asked what the highest cost of exposure could be and Mayor Abramowitz said the cost could go as high as $36,000.00. Mayor Abramowitz said the re -opener provision was good in case the program was not feasible for the City. Ken Burroughs, Finance Director, said the figure of $168,000.00 would be increasing because the bottom figures were not available at this time. He said he was concerned that only $42,000.00 was budgeted monthly for the Firefighters and $1,600.00 was anticipated monthly for dependents. Mr. Burroughs said the maximum monthly income based on the current projections would be $58,000.00. He said funds had to be provided to increase the budget to $8,300.00. He said money may be saved at the beginning of the program; however, he may need City Council approval in the middle of the year to draw funds from the Contingency Fund to pay the bills. Mayor Abramowitz asked how the shortage last year was paid and Mr. Burroughs said he received City Council approval to draw money from the Contingency Account; however, with this program, he would have to appear before the City Council monthly. Mayor Abramowitz said after reviewing the matter he found that this type of program did not work out last year; however, he could not make a determination as to this program being successful. Larry Perretti, Personnel Director, said actuarially, the figures indicated that the International Association of Firefighters would do better than the maximum. He said the International Association of Firefighters was the smallest Union and a good group on which to test this type of program. C/M Hoffman asked what the International Association of Firefighters' advantage was in having this type of program as opposed to staying with the City's program. Mr. Ruf said the International Association of Firefighters felt that the program was better termed and C/M Hoffman asked if Principal Mutual Life Insurance Co., would be willing to carry the other Unions. Mr. Perretti said Principal Mutual Life Insurance Co., did not submit a Bid to the City for the other Unions because they did not want to cover the Police Department. Page 2 11/15/88 1 F_� Mr. Perretti said the carriers asked if the Police Department would be involved in the Plan and, when they find out that the Police Department would be involved, they are no longer interested in being the carriers. He said this is one of the reasons why the carriers are not interested in the Public Sector's business. He said the carriers were also having problems controlling the policies because of free choice of physicians; therefore, they increase their rates to where the employees could not afford the coverage. V/M Stelzer asked if Bidding was waived for the International Association of Firefighters Policy with Principal Mutual Life Insurance Co., and Mr. Ruf replied, no. Mr. Ruf said the Policy was negotiated as a contract item. He said the contract Policy was with the International Association of Firefighters and not with the City. V/M Stelzer asked if Article 15.3 was placed in the Insurance Contract and Mr. Ruf said practically, the Article was not needed in the contract; however, on dependent coverage, the individual member of the International Association of Firefighters would pay $50.00 for dependent coverage. V/M Stelzer asked if this matter should be the City's concern and Mr. Ruf said this matter was the International Association of Firefighters concern because they did not want the City to say that they had to pay the exceeded amount. He said the City would have to provide funds that exceeded the costs; however, if the costs did not exceed, the City would be saving money. Mayor Abramowitz asked if this provision was in the contract and Mr. Ruf replied, yes. Mr. Burroughs asked if $50.00 would be deducted bi-weekly from the Firefighters payroll and Mr. Ruf said the money would be paid directly to the International Association of Firefighters. Mr. Ruf said he would like to investigate this matter further. C/M Hoffman said he would like the City involved as little as possible with the procedures and Mr. Ruf said he would investigate this matter and see that the deductions were not the Finance Department's responsibility. Mr. Perretti said he did not feel that the International Association of Firefighters would agree to being responsible for the deduction because the City's contribution of $41.55 for single coverage, $67.15 for family coverage and the additional $50.00 was part of the monthly premiums. Mr. Burroughs asked that an explanation of the process be submitted to the City. Mayor Abramowitz suggested that this Item be approved subject to a plan regarding the deductions and payments being submitted to the City Council for review. Mr. Burroughs said most plans required pre -payment which meant that November and December's payments were due and Mr. Perretti agreed. i Page 3 I 11/15/88 V/M Stelzer asked if the amount of minimum or maximum was contingent upon the number of single or family coverage and Mr. Perretti replied, yes. V/M Stelzer said once this was determined, the City should pay. He said the City should not be responsible for the additional $50.00 deduction. C/M Hoffman said he would like these questions answered before the City Council voted on this Item. Mr. Ruf said he would meet with Mr. Burroughs regarding the questions before the City Council's November 23, 1988 Regular meeting. V/M Stelzer suggested that this Item be Tabled and Mr. Ruf said if the City Council wanted to Table the Item, they should do so; however, he would prefer that this Item was not Tabled. C/M Hoffman asked if there would be any problems if the Item was Tabled and Mr. Ruf said if the Item was Tabled and there was an accident in the Fire Department there could be problems because the Policy was enforced on November 1, 1988. C/M Hoffman asked how the Policy was enforced if it was not approved by the City Council and Mayor Abramowitz said the Policy was negotiated with the Union. C/M Hoffman said Union negotiations were subject to the City Council's approval. Mayor Abramowitz asked the City Attorney how this matter could be handled if the City Council approved the Item subject to further information and found that the information was not acceptable. City Attorney Doody said the City Council could make a Motion to reconsider this Item. He asked if Mr. Ruf approved of this action and Mr. Ruf replied, yes. C/M Hoffman suggested that the City Council inform the Attorneys of the information they would like and make a Motion that the information be submitted to City Council for approval. City Attorney Doody said the concerns seemed to be about Administrative procedures which could be determined by the Administration at this time. V/M Stelzer said the contract explained how the City's rates would be determined; however, the contract did not indicate that the City would not be responsible for any additional contributions. City Attorney Doody suggested that the Resolution be approved contingent upon the procedures being approved by the Finance Director. He said if the Finance Director did not approve of the procedures, this Item would be brought to the City Council at the November 23, 1988 Regular City Council meeting. Mr. Burroughs said he has been employed by the City for 18 months and he is constantly being faced with these problems. i I� Page 4 ,l F 11/15/88 City Attorney Doody suggested that the lines of communication be improved with the Departments. He said he recently had to meet with three Departments to determine how this Article would be handled. He said the procedures were not determined until late in the afternoon. Mayor Abramowitz said he understood Mr. Burroughs's concerns because Mr. Burroughs was responsible for seeing that the Finance Department was operating properly. He said the Finance Director should have been involved in this matter from the beginning. Mayor Abramowitz suggested that this Item be approved subject to the Finance Director approving the procedures. He said if Mr. Burroughs did not agree with the procedures, the matter should be brought back to the City Council through the City Manager. Mr. Burroughs agreed with this suggestion. City Attorney Doody said he understood Mr. Burroughs's concerns because he felt the same way. He said his office took the necessary steps to contact and meet with the necessary Administration on this matter. Mayor Abramowitz suggested that the City Manager be advised of this matter when he returned. Mr. Ruf said it was very difficult to determine the content of the budget when the negotiations went beyond the beginning of the Fiscal Year. He said Mr. Burroughs's frustrations are the same frustrations that every Finance Director faces when negotiations are involved. Mayor Abramowitz said the question did not pertain to criticism. He said problems occurring are matters that needed to be learned by everyone. * C/M Bender AMENDED his MOTION to APPROVE subject to the * Administration process being approved and, if not, the * matter is to be brought back to the City Council, C/M * Hoffman AMENDED his SECOND. VOTE: ALL VOTED AYE 2. MOTION TO ADOPT Ted. Reso. #5233 approving Article 13 ent ed "Health Insurance to the Agreement with The Federation of Public Employees (FPE). SYNOPSIS OF ACTION: RESOLUTION NO. R-88-311 - PASSED APPROVED sub ct to a Letter of Understanding added to Article 13 relative to reimbursement for Medicare. City Attorney Doody read Temp. Reso. #5233 by title. * C/M Hoffman MOVED to APPROVE Temp. Reso. #5233, * SECONDED by C/M Bender. Mr. Ruf said this Article outlined the three health insurance carriers adopted and offered by the City after competitive bidding. He said The Federation of Public Employees met and ratified the Policies. Page 5 11/15/88 Mr. Perretti said he spoke with The Federation of Public Employees Director who stated that he would be at City Hall later today to sign the Contract. C/M Hoffman asked if there were any insurance policies available through the State's Fraternal Order of Police for the City's Police Officers that would allow the City to separate the Police Officers from the other employees insurance. Mr. Perretti said the Fraternal Order of Police were given the opportunity to submit a carrier; however, they choose to go with the City's carriers. C/M Hoffman asked if the City could choose a carrier for the Fraternal Order of Police and Mr. Perretti said the cost would be prohibitive. C/M Hoffman asked if this matter was investigated. Mr. Perretti said quotes were submitted without actuarial updates. He said the actuarial report for the Police Department has not been submitted for this year. C/M Hoffman said the Contract for The Fraternal Order of Police has not been signed and Mr. Perretti said if the City decided to change the Fraternal Order of Police carrier, the City's commitment to HIP and Cigna would be voided. Mayor Abramowitz said C/M Hoffman's question was very good. He said if there were problems in obtaining good policies because of the Police Department, the City should investigate other avenues to resolve the problems. He said the other employees were paying the penalties in having the Police Department in the Policies. Mayor Abramowitz said it may cost a lot of money having a separate carrier for the Police Department; however, it may benefit the City in doing this. He asked Mr. Perretti to investigate this matter. Mr. Ruf said this could not be done with the present contract and City Attorney Doody suggested that this matter be handled during next year's negotiations. C/M Hoffman suggested that the Broward Sheriff's Office (BSO) be contacted regarding their insurance policy. Mr. Perretti said the Broward Sheriff's Office had a different rate experience and age group. He said the Tamarac employee's median age was 43. Mayor Abramowitz said this may be true; however, until this matter was investigated, the appropriate data was not available. V/M Stelzer asked if the City would pay for an employee's Social Security and Medicare deductions if they selected their own insurance taking Medicare as their primary carrier. Mr. Perretti replied, yes, providing the costs did not exceed $67.15 and an invoice was submitted to the Finance Department for payment. C/M Hoffman had concerns about the catastrophic provision for Medicare. Page 6 1 1 1 1 11/15/88 V/M Stelzer asked if the City would every $150.00 and Mr. Perretti said would be paid is $67.15 bi-weekly. V/M Stelzer said the employee's tax until the following year because the on the income tax. He had concerns would be reimbursed. pay $22.50 in tax for the maximum that would not be figured money would be based with how the City V/M Stelzer said Mr. Burroughs would have more problems to deal with because of this provision. He asked if the City presently had anyone on Medicare and Mr. Perretti replied, yes. V/M Stelzer said this matter had to be determined to avoid problems in the future. He suggested $67.15 be allowed for Medicare recipients only. Mayor Abramowitz said the contract indicated that the money available could only be considered and V/M Stelzer said the money would not be showing until 1990. C/M Hoffman said the contract could be changed and Mr. Ruf said the Contract was for one year only. Mr. Perretti said this matter did not pertain to this contract. V/M Stelzer said the contract carried the provision and Mr. Perretti said the Catastrophic Act was not effective until January 1, 1989. Mayor Abramowitz said if the cost was an insurance cost, it would be covered under the policy and, if it was a tax cost, it would not be covered. Mr. Burroughs asked if there were Medicare Representatives in the Bargaining Units and Mr. Perretti replied, yes. Mr. Perretti submitted to the City Council a copy of the Personnel Manual regarding the Medical Coverage. He said the language was repetitious. Mayor Abramowitz said this matter could not be implemented in this Resolution and C/M Hoffman said this matter should be combined in this Resolution as opposed to being handled separately. V/M Stelzer asked how many people were on Medicare and Mr. Perretti replied, approximately 8. V/M Stelzer said employees had to be provided for in this contract. Mayor Abramowitz said this matter had to be addressed and asked if this Item could be Tabled until an Amendment was made and more information was received. Mr. Ruf said the Catastrophic Act was not effective until January 1, 1989 and he was only informed of these concerns at this time. He said a benefit for the existing Medicare recipients was not discussed during negotiations. Mr. Ruf said the contract indicated that if a premium was paid by the employee, they would be reimbursed if they were in the Medicare Plan. He said the contract would only exist until September 30, 1989. He said computation Page 7 11/15/88 TAPE 2 of the additional premium would not take place until 1990; therefore, something had to be implemented in this contract. Mr. Perretti said the contract has been ratified by The Federation of Public Employees and the City committed themselves.to Cigna, HIP and the Florida League of Cities Policies as of November 1, 1988. Mr. Perretti suggested that the City Council approve the contract as it exists because if it was changed, The Federation of Public Employees would have to revisit ratification discussions. He said the existing language was not harmful; therefore, a Letter of Understanding could be attached to the contract before January 1, 1989. The City Council AGREED to having a Letter of Understanding attached to the contract. Mayor Abramowitz suggested that Mr. Ruf contact all those involved and inform them of the City Council's concerns. He said The Federation of Public Employees should be informed that the Letter of Understanding was to protect their members. C/M Bender said an administrative explanation had to be added to the contract regarding the implementation of the procedures. He said this matter should become part and parcel of Article 13. Mr. Perretti said this would be accomplished by a Letter of Understanding. C/M Bender suggested that "bi-weekly" be added after "$67.15". VOTE: ALL VOTED AYE 3. MOTION TO ADOPT Temp. Reso. #5234 declaring the results of the November 8, 1988 Special lection voting for the Amend- ments to Sections 4.02, 8.01(a) and 8.01(c) of the City Charter. SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R-88-312 - PASSED City Attorney Doody read TeT2. Reso.,#5234 by title. * C/M Bender MOVED to APPROVE Temp; Reso. #5234, * SECONDED by C/M Hoffman. VOTE: ALL VOTED AYE City Attorney Doody suggested that Temp. Reso. #5235 be Agendized by Consent. He said the Resolution concerned Jo F. Montalvo, Jr. He said Mr. Montalvo's Attorney, Mr. Whitelock, requested that the City issue subpoenas to Mr. Montalvo's witnesses. He said the Resolution would authorize issue of these subpoenas. AGENDIZED BY CONSENT 4. MOTION TO ADOPT Temp_ Reso. #5235 regarding subpoenas for the hearing for John F. Montalvo, Jr., to be held on November 22, 1988 at 9:00 A.M. in Conference Room #1 at City Hall. Page 8 1 I 11/15/88 SYNOPSIS OF ACTION: RESOLUTION NO. R-88-313 - PASSED AGENDIZED by Consent. APPROVED. * V/M Stelzer MOVED to APPROVE to AGENDIZE by Consent Temp * Reso. #5235 by Consent, SECONDED by C/M Bender. VOTE: ALL VOTED AYE City Attorney Doody read Temp. Reso. #5235 by title. City Attorney Doody said the subpoenas would be drafted by his office, signed by the City Clerk on behalf of the City and given to Attorney Whitelock for distribution to the witnesses. He said Attorney Whitelock would be responsible for serving the subpoenas, paying for the costs incurred for the drafting and enforcing the compliance. He said he did not believe that all of the people listed would be required to appear as witnesses. City Attorney Doody said he would try to resolve this matter before it became a Hearing; however, if a Hearing was necessary, he did not want the City accused of not providing due process to Mr. Montalvo. * V/M Stelzer MOVED to APPROVE Temp. Reso. #5235, SECONDED by * C/M Bender. Mayor Abramowitz suggested that any proposals for the settlement be approved by the City Council before they become binding. City Attorney Doody said the case should not be pre -judged and Mayor Abramowitz said he did not want to take away the powers of the negotiating team; however, he would like the City Council informed of any proposed settlements before they are forwarded to Mr. Montalvo. City Attorney Doody said he understood this provision of the City Council not supporting a settlement. C/M Hoffman said he knew nothing of the case and V/M Stelzer agreed. City Attorney Doody said he would relay the City Council's concerns to the City Manager because he would be handling the negotiations. He said the City Manager would arrange for the information regarding the case to be relayed to the City Council. Mayor Abramowitz said he asked the City Attorney to draft an Ordinance regarding the procedures and expenses in drafting subpoenas. He asked why the City Attorney was drafting the subpoenas. City Attorney Doody said he would rather have the subpoenas drafted under his control. He said he could have the subpoenas ready this eliminate the City from the afternoon which subpoena process. would He said if he gave the responsibility of the drafting to Attorney Whitelock, the matter may not be resolved for awhile. Mayor Abramowitz asked if the City would be responsible for serving the subpoenas and City Attorney Doody said the Resolution provides that Attorney Whitelock would be responsible; however, Attorney Whitelock may not agree to this. Page 9 11/15/88 City Attorney Doody said if Attorney Whitelock did not agree, he would advise him to take the matter to the Circuit Court. He said drafting the subpoenas was also showing Mr. Montalvo that the City was acting in good faith regarding the matter. C/M Hoffman asked if Mr. Montalvo had the power to issue subpoenas and City Attorney Doody said the City Council had the power to do so and this Resolution was doing so. He recommended that the subpoenas be issued. He said it was a calculated risk; however, if the subpoenas for Mr. Montalvo's witnesses were not drafted, Attorney Whitelock could claim that a fair Hearing was not provided by the City. Mayor Abramowitz said Attorney Whitelock has cancelled previous Hearings and asked if the City Council could cancel the Hearing if they were not satisfied with the proceedings. City Attorney Doody said yes; however, he would advise that the City Council not do this because the City's Consulting Attorneys would begin to work on this case immediately to represent the City's Administration. He said he would like the City to avoid additional fees. Mayor Abramowitz asked if the City could require Mr. Montalvo to pay for the legal fees and City Attorney Doody said if the case went to the Circuit Court and the City prevailed, the City could request that the legal fees be paid. Mayor Abramowitz said the City should hold firm to this Resolution because the City should not be responsible for presenting the subpoenas to Mr. Montalvo's witnesses. City Attorney Doody said he advised the Consulting Attorney's not to issue subpoenas to the City's witnesses because there would be no problems in getting the witnesses to appear. He said Mr. Montalvo could do the same; however, he chose to issue the subpoenas. Mayor Abramowitz asked how long this Hearing would take and City Attorney Doody said Attorney Whitelock claims that the Hearing would last for approximately 4 days; however, he would be suggesting that the Hearing begin November 22, 1988 and be only 2 hours for the first day. He said if need be, another Hearing date and time could be set which would be convenient for all involved. V/M Stelzer asked if the subpoenas would state the time and date of the Hearing and City Attorney Doody said the subpoenas would indicate that they would be continuous for those witnesses who were not called to testify the first day. He said the subpoenas also indicated that any questions regarding the Hearing be addressed to Attorney Whitelock such as scheduling their testimony. VOTE: ALL VOTED AYE With no further business, Mayor Abramowitz ADJOURNED this meeting at 11:00 A.M. 1 H Page 10 1 1 11/15/88 CAROL A. EVANS, CITY CLERK "This public document was promulgated at a cost of $116.00 or $3.22 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." cf Y OF TA1'd.[ARAC APPR VED AT MEETING OF City Clerk Page 11