HomeMy WebLinkAbout1980-03-31 - City Commission Reconvened Regular Meeting MinutesL. I
CALL TO ORDER:
CITY OF TAMARAC, FLORIDA
RECONVENED CITY COUNCIL MEETING
MARCH 31, 1980
(from March 26, 1980)
Mayor Falck called the meeting to order on
Monday, March 31, 1980, at 10:00 A.M. in the
Council Chambers.
ROLL CALL: PRESENT:
ABSENT & EXCUSED:
ALSO PRESENT:
Mayor W. Falck
C/M I. Disraelly
C/M I. Zeme1
C/W M. Kelch
V/M H. Massaro
City Atty. A. Birken
City Mgr, E.A.Gross
Asst. City Clerk, C.Evans
Mayor Falck discussed items they would be reviewing today, including
10 (h) under Consent Agenda and Item #23 which had been acted upon
previously. Mayor Falck briefly reviewed the action taken by
Council, approving the installation of a temporary shed, on a con-
crete base, and which the petitioner is now claiming was
permanent. Therefore, action will have to be taken to correct the
record. He asked what Council wished to do. Questioned by C/W Kelch
as to whether it would be alright to rescind the previous action, Mr.
Birken said that would be permissible. C/M Disraelly said he does
not believe further action should be taken on this, as no one had
appeared to represent this item, and further, if structures are
built, they should be of a better material than a metal shed if
they are to be considered permanent. However, should they come in
to'make a presentation, Council could then listen to it. Mr. Birken
said that if Council is talking of rescinding their action, he would
like to point out, that if they do the work and spend the money, they
may very well have vested rights to that approval. Therefore, if
Council wishes to rescind, they may wish to do so before money is
spent, and notify the interested persons of their action.
Eugene Toll, developer at Woodmontsaid he would not like to see
changes at the Woodmont Country Club without his being aware of
what those changes were. He said he had vested interest in 600
-units of land and represents over 300 owners in the condominium
association. A discussion took lace as to the conclusion that
Council had come to, that this was a temporary structure. Mayor
Falck said developer called and said it was their belief that it
was permanent and they wanted to come in to discuss it with him
Wednesday afternoon. He had not agreed, and therefore, they wish
to discuss it this morning. C/M Disraelly said he believed it
was temporary since there are two tents and two trailers and
reference has been made for the need of this structure because
the clubhouse is missing. Therefore, he presumed this would be
temporary until they came back in. Mayor Falck agreed, saying
that it would not be desirable to have many temporary/permanent
structures. Mr. Birken said if temporary for one year, and they
wish it to be permanent, it is encumbent upon them to come back to
Council.
Mayor Falck asked Council if they wished to discuss the matter this
morning or hold it off. C/M Disraelly said he would just as soon
hold it off. C/M Zemel and C/W Kelch agreed. Mayor Falck said
that the decision on Item 23 stands, and if there is to be any
further change, that decision on change will be agendized for
April 9th.
Mayor Falck went on to review by number those items which would
be discussed today. He said the chair would now entertain any
other items Council wishes discussed.
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C/W Kelch said she would like to MOVE that Discussion of Utility
West Financial Transactions, be AGENDIZED, as requested by the
Assistant City Manager and Finance Director,in accordance with
memorandum received today, which also requests that it be dis-
cussed prior to Item #37.
Questioned by C/M Disraelly as to whether action must be taken today on
Temp. Ord. #740, on which Public Hearing was being held, Mr. Birken
said there is a time element involved and that the budget must be
enacted by the 15th or 16th. Mr. Birken added that the budget can
be adopted on first reading however, without making the requested
changes and such could be made at the next Regular Meeting.
C/M Disraelly said they had just received the memorandum mentioned
and he has not had the opportunity to fully read it.
MOTION DIED FOR LACK OF SECOND.
46. C/W Kelch said that she would like to AGENDIZE Installation of a
Fuel Tank at Fire Station #2, by consent.
C/M Disraelly asked the City Manager if
underground tank and Mr. Gross replied
would have to tear up some grassed area
the pipes are already in to the station
:duel tank.
C/M Disraelly SECONDED the motion.
this were going to be an
it would be and that they
to install it, but that
for the handling of this
C/M Zemel asked that since this is over $2,000.00, does it require
going out for formal bid? Mr. Gross said this is a change order
to the contract. C/M Zemel asked if it is the interpretation that
if the change order is more than $2,000.00, it is acceptable under
the circumstances? Mr. Birken said he was not in a position to
answer that presently. Mayor Falck said they could discuss it,
and if need be, instruct the City Manager as to how to best handle
this.
VOTE: ALL VOTED AYE.
Mayor Falck said this would be Item #46.
Mr. Gross said he would ask that an emergency item of Repair to
Lift Station ;116, be AGENDIZED, After discussing this with the
consulting en¢in.eers thev had reauested that the amount of $5,000.00
be asked for.
47. C/M Disraelly MOVED to AGENDIZE for Discussion and Possible Action,
Repair of Lift Station #16.
C/W Kelch SECONDED the motion.
VOTE: ALL VOTED AYE.
Mayor Falck said this would be Item #47.
Mayor Falck noted that Mr. Weiss, on Item #23, had come in to the
meeting. He advised Mr. Weiss of Council's decision to hold this
until the next Council meeting, and explained what had taken place
this morning. Mr. Weiss said the building they are referring to
is a storage building used for storage of tennis court materials.
C/W Kelch went into further detail, adding that it had been their
belief that it was a temporary installation. Mayor Falck said
that Mr. Weiss would be notified and a time given to him as to
when this would next be heard.
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PUBLIC HEARINGS:
ITEM #37. Tamarac Utilities - West - Budget _1979/80 Fiscal Year -
Temp. Ord. #740 - Discussion and possible action to adopt a
budget tor Utilities West - FY 1979/80 - First Reading.
Synopsis of Action: _Temp. Ord. #740 PASSED
on First Reading.
Mr. Birken read Temp. Ord. #740 by title only.
Mr. Birken said they are budgeting funds that are provided for
in the Bond Resolution although the bonds have not been funded
yet, and he had spoken to bond counsel about this and they said
it is proper to do it this way because it is entirely within the
realm of possibility that the bonds will be sold this fiscal year
and if they are, then they are already set up for it.
l�Ir. Itoyt said --ff new figures relate to the eliminating of Fund 427
(Sinking Fund Reserve Account) and Fund #430 (Construction Fund)
as they relate to the Bond Ordinance and therefore would not be
required for consideration at this time.
He said however, if Council and the City At-
torney wish to include these two funds in the consideration of
the total overall budgets, the Finance Dept. would have no ob-
jection to it. Mr. Birken said if Mr. Hoyt agrees that there
is no harm in having these funds created and in existence, even
though they may not be funded, he would recommend that they in-
clude them so if and when the bonds should be sold this year,
the funds would already be in existence. Mr. Birken added
that this is the First Reading of the Ordinance today and Council
can increase or decrease the budget if they please. He said
that according to the way the Title of the Ordinance has been
written, they have a certain flexibility. A short discussion
took place regarding this, and C/M Disraelly asked if at Second
Reading, they could delete from the Title, the Sinking Fund Re-
serve Account and the Construction Fund? Mr. Birken said he would
not see any problem with that, even though it has been advertised.
Mayor Falck said this is a Public Hearing and asked if anyone
wished to speak.
Melanie Reynolds said this Ordinance and supplemental material
has not been posted and said it should have been. Mayor Falck
agreed, saying it should be posted.
There being no one else who wished to speak, Public Hearing was
CLOSED.
C/W Kelch said she would suggest a Workshop Meeting before the
Second Reading of this Ordinance in view of the changes that
have been made. Mayor Falck said he woule ask the Finance
Director to contact Council members individually to clear up
any questions they may have, and if not, they could have the
Workshop.
C/M Disraelly said this Ordinance in its present form, before
the deletion of the Sinking Fund and the Construction Fund
would have had a budget of $8,000,000.00 (approximately).
Mr. Hoyt said they had recommended the omission of these two
funds at the moment since they are not revenue producing, being
the Sinking Fund Reserve Account for $1,269,480 and the Con-
struction Fund of $1,519,000. C/M Disraelly said his question
then is; will the present operation of the Utility generate
the (approximate) $5,600,000.00 in the anticipated revenue? Mr.
Hoyt said the Utility revenue operation will generate revenue
as indicated of $3,445,100.00, or under the original Ordinance
sum of $3,507,000.00. Mr. Hoyt said the other funds will be
a flow, first, to the Interest Payment Fund of $926,000.00
under the new provisions, and then also, into the R & R Fund
of $522,000. These funds are transfers and are not actually
revenue producing. The actual revenue produced by Fund 425
is $3,445,100.00, and that is the revenue production for
the anticipated year of Ilk months of operation.
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C/M Disraelly MOVED ADOPTION of Temp. Ord. #740 on First
Reading, and that the dollar amount in Section 1 be changed
from $3,507,080.00 to $3,445,100.00; and in Sec. 2, Sinking
Fund Bond Service from $981,250.00 to $926,323.00.
C/W Kelch SECONDED the motion.
Mayor Falck said before he called the question, he wished to
indicate to Mrs. Reynolds that Carol Evans, the Assistant
City Clerk had informed him that Temp. 740 was posted on
Wednesday, March 26th, and is still on the board.
VOTE: ALL VOTED AXE.
ITEM.#38. Model Sales/Administrative Facilities - Temp.
Ord. #718 - Amending Code Section 28-216 by permitting
these facilities for one residential project to be located
at the site of another project. Discussion and possible
action. Second Reading.
Synopsis of Action: Temp. #718 TABLED for input from
Council to City Attorney.
The City Attorney read Temp. Ord. #718 by title only. Mr. Birken
said C/W Kelch and V/M Massaro independently had recommended
proposed changes that would enable sharing of buildings or
structures and that he had increased parking requirements as,
if there was sharing, theoretically there would be more traffic
and additional need for parking.
C/W Kelch said she had a chance to review the memorandum which
the City Attorney had sent regarding this item and she had in-
serted some suggested wording. She said she would appreciate
input from Mr. Birken about some of the misgivings he had concern-
ing this. However, she pointed out that this would be for a
specific period of time and she also felt that developers would
rather have their models where they are going to sell them.
Mayor Falck opened the Public Hearing.
Eugene Toll was recognized and said he is a Woodmont builder.
He said that he was instrumental about three years ago in helping
to develop the present Ordinance, which he feels is now being
misinterpreted. Mr. Toll said he is not asking for anything
that is not done in this industry throughout the States. He
said that generally speaking, there is a sales center where people
are directed to go for sales and community information and that
such was the case at the Country Club where they had display and
map areas, etc. of different developers.
Tape #2 Mr. Toll said that he had moved his administrative offices to McNab
Road, when sales had started and the sales center became congested.
However, he added, you cannot advertise and tell people to come to
McNab Road; you advertise and bring the people to the site. _Mr..._.
Tr- 11--sa-i-d the; --would -nee-d away to -put temporary sales offices on
unplatted land in order to create sales and thus get the loan to
pay for such items as impact fees, water and sewer connections, etc.
Mr. Toll said anything approved for sales are on a six month basis
and subject to review. He said he wished he could agree with Mr.
Birken that the combining of sales offices would create more
traffic. However, they are having a_ difficult time getting any
traffic to any sales ,area. Mr. - Toll said he wishes to__put up only
temporary sales offices lut right now he cannot put up such as
Tracts 68 and 77 are unplatted. All he is asking for is to put
up a temporary sales office so that he can sell from an approved
sales center and that is nothing different than they have done
in the last four years.
Questioned by C/W Kelch as to whether he had the opportunity to
read the changes suggested by Mr. Birken, Mr. Toll answered
negatively.
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At the request of C/W Kelch, Mr. Birken read from the ordinance,
"The Council hereby determines that it is in the best interests of
the City to expedite and complete the construction of a residential
project which has been initiated. Accordingly, irrespective of
other provisions of this Code, the Council may permit by motion
or resolubion,the temporary use for model, sales or administrative
purposes of a single family or multi -family dwelling or recreation
structure. The model, sales or administrative offices shall be
located at a place where there will be minimal disruption or in-
convenience to the residents of the community as determined by
the Council, in its sole., and absolute discretion." Mr. Birken
said the other change was relative to parking, requiring one space
per 300 sq. feet if there was more than one project. He went on
to explain that this meant one parking space per 200 sq.
ft. of proposed temporary use floor area for the first project
and 1 space per 300 sq. ft. for each additional project using
this structure. In short, if they have four required spaces for
one project and they have a second project sharing the space, they
add two more spaces; if there is a third project they add two
spaces, etc. Mr. Birken added that if a developer comes back
for an extension after six months as they are required to do, at
that time they can be asked if there is one project using the
structure or are there more? A discussion followed relative
to the ordinance and Mr. Birken said if it is Council's desires
to permit temporary structures like trailers or other temporary
structures, then there should be language in the ordinance about
the removal of such, at some point in time.
Mayor Falck asked if Council feels trailers should be permitted?
C/W Kelch said she would not want the Ordinance to permit that. C/M
Disraelly said the developer, Trauger, had the first one he knew
of. In other instances that he knows of, homes were built, such
as by Heftler Homes, Grossman, Concord Village, etc. Mr. Toll
said trailers had never been prohibited and all they had ever
used for sales is trailers.and that there is a review of such
after six months, and that they have all used trailers until the
first homes were built. Mr. Toll went on to discuss different
projects in which he had been involved, where trailers had been
used, and said at the Woodmont Country Club they had used Sales
and Information Centers for builders but had been selling from
a trailer in front of the Country Club before the Club had been
finished and that it had been legal because this Ordinance was
not in effect. C/M Disraelly said if such had been the case
he was not aware of it and had presumed selling was. being done
from models. Mr. Toll, said the trailer which is presently used
by the Building Department had originally been the trailer used
for the Timber Run development and they had later used it for
Woodmont. He said people would look at models and salesmen were
in garages in models, but they would come back to the Sales and
Information Center. Mr. Toll said La Foret had done a similar
thing; people were directed to models, but they had a Sales Center.
He said in the building trades they are doing business in a resi-
dential area when they sell real estate in a clubhouse but to sell
they have to do business in a residential area until they get out
of the area.
Mr. Birken said it would be desirable for him to get additional
input from Council so that he might clarify what their desire
is.
C/M Disraelly MOVED that"this item be TABLED until such time as
the City Attorney has had input from the various members of Council
and has discussed the aspects that have been presented this morning.
We had an ordinance that was written for Second Reading of May
1977, which we thought took care of this and which we are trying
to now clarify and it was this 1977 Ordinance, which has perhaps
brought this problem to us."
C/W Kelch SECONDED the motion.
VOTE: ALL VOTED AYE.
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ITEM #39. Model Sales/Administrative Facilities Fees - Temp.
Reso. #1579 - Discussion and possible action to adopt these
fees by Resolution.
SVnoDsis of Action: TABLED.
The City Attorney read Temp. Reso. #1579 by title only.
Mayor Falck said since Item #38 had not been approved, it would
seem that Item #39 should be tabled.
C/M Disraelly MOVED to TABLE Item #39.
C/W Kelch SECONDED the motion.
VOTE: ALL VOTED AYE.
ITEM #33. Bid Award - Fire Department - Temp. Reso. #1570 -
Discussion and possible action to award a bid for furnishings
at Fire Station #2.
Synopsis of Action: All bids rejected.
City Mgr. authorized to go out
for rebid.
The City Attorney read Temp. Reso. #1579 by title only.
Mr. Gross said they are asking that these bids in total, be
DENIED, on the basis that the bid recommendation requires a
bid bond. Only one person gave a bid bond and that was the high
bidder, which was substantially higher. He would therefore suggest
that the bid be rejected and they go out for bid again. Mr. Gross
said they find it difficult for someone to give a bid with a bid
bond. He said the bond basically guarantees that they will be
able to hold the price, and they have been finding that many firms
will not bid if there is a request for a bid bond. C/M Disraelly
asked the City Attorney if they would be in violation if they
accept bids without the bid bonds? Mr. Birken said if the bid
specifications call for a bid bond and there is no bond submitted,
it is more than a minor irregularity. As to whether bonds are
required, he would have to check the purchasing ordinance and the
Charter.
C/W Kelch said if these items are broken down individually, they
would be under the required amount for which they have to go out
for bid. Mr. Birken said apparently the decision had been made
to group everything together at some point in time. He said
once that decision was made to keep everything together and get
the bid, to then separate them, they would be doing what they are
not supposed to do and he would not recommend it. Mr. Gross
said the reason this was made as a complete purchase was because it
is being paid out of the Bond Issue rather than General. Fund.
A short discussion took place relating to whether this could
be broken up, and C/M zemel said he believed they would be defeat-
ing the purpose of the City Charter once the bid had gone out
and he would object to splitting it up.
Jack Tobin of the Margate/Coral Springs Office Supply was recog-
nized. He said it was the procedure of 90% of the cities in
Broward County to not require a bid bond on office furnishings,
supplies and furniture. He said he was sure that the highest
bidder had included the cost of the bond in his bid. Mr. Tobin
advised Council that they are dealing with a staple item and a
brand name, by way of stock numbers, on which many office sup-
pliers can bid on, as they are not specialized or custom made.
Mr. Tobin said he would recommend that bid bonds not be required
on office supplies and furniture and he felt many companies did
not bid because of the requirement for the bid bond. He said
they can take the order in total and take the cheapest ones,
and in some cases they will find tremendous difference between
items because of (1) the bid itself not being clear, and that
clarification is needed as to items, stock number, colors and
specifications. (2) Once bids are opened, if they allow
within procedures, the ability of picking the cheapest price
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on different items, they would be saving the City money. He
said they could buy a chair from one outfit, a desk from another,
etc., rather than taking the overall bid from all the companies.
In short, they pick the cheapest item from each bidder once
the bids are publicly opened. Mr. Gross said their problem
had been that the lowest bidder did not have bid bonds and there-
fore, they could not be used. Mr. Birken said if such is not re-
quired by the purchasing order or the Charter, then bid bonds
can be waived.
C/M Zemel MOVED that Bid #80-05 be rejected by Council and the
City Manager be instructed to go out for rebid.
C/M Disraelly asked if he might add: "that the definition of
style numbers or type and/or color for each item be included."
since they would be putting together some items for a fire station
and it would be desirable to have all of one color. C/M Disraelly
added that if they include style numbers it might assist in de-
termining a wide difference in price on an item.for example,
as a desk where one company might bid $50. and another $100.
C/M Zemel accepted the addition to the motion.
C/M Disraelly SECONDED the motion.
VOTE: ALL VOTED AYE.
C/W Kelch asked if this would hold up the opening of the Fire
Station. Mr. Gross said there would be no problem as that is
being scheduled for May 1st.
ITEM #34. Bid Award - Fire Department - Temp. Reso. #1571 -
Discussion and possible action to award a bid for radio equip-
ment at Fire Station #2.
Synopsis of Action: Temp. Reso. #1571 APPROVED. Temp. Reso.e"-ASSED
Mr. Birken said if this Resolution and #35 is adopted, and in future_
resoIutions..It should state, 'to the lowest fully-responsi:ve a a
responsibile bidder," which is tone. lar?guatre in. tnHe r"hortor ae
was pointed out to him by C/M Zemel.
Mr. Tommy Thomsen was recognized and said the radio bid had
been sent out and it had been narrowed down to two possible
vendors; one was Gabriel,.and the other Motorola. He said
it is his recommendation that they go to vendor #2, which is
Motorola and that their total price had come to $4637.00,
against $5650. with Gabriel. Mr. Thomson said Motorola had
..........
also come in with five options a-t---a- -cost of $492. 00, which
would make this -a considerably. better operating --unit. There
was -also a cost of $251.00 for a battery charger from Gabriel, that
Motorola did not bid on. Therefore, the total package
Tape #3 would cost $5380.00.
Upon question by the City Manager, Mr. Thomson. said this radio
is manufactured and serviced here. Mr. Gross said that Motorola
has a large factory on University Drive and therefore, he was
pleased that they came in with the lower price as it is more ad-
vantageous to have an item that can be repaired locally, if need
be. Mr. Thom -son_. said they have purchased several pagers from
Motorola and they had instant service on repair work. C/M
Disraelly asked if this was being purchased for Fire Station #2,
and Mr. Thomson:_ answered affirmatively. C/M Disraelly asked
if this money was coming out of the Construction Fund, and Mr.
Gross said it was and they are well below the referendum figure.
C/M Disraelly MOVED,that the bid of Motorola, in the amount of
$5,129.00 for radio equipment for Fire Station #2, plus the bid
of Gabriel Communications in the amount of $251.00 for a ten -unit
battery charger, be APPROVED, for a total bid of $5,380.00,
the fundsfor which are to come from the Fire Station Construction
Fund.
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C/M Zemel SECONDED the motion and requested that the verbiage
be changed as stated by the City Attorney earlier.
C/M Disraelly requested that the verbiage be changed, to indicate,
"...to the lowest fully responsive and responsible bidder."
VOTE: ALL VOTED AYE.
AGENDIZED BY CONSENT:
ITEM #47. Lift Station #16. Discussion and possible action
on repairs.
Synopsis of Action: City Manager authorized to
purchase two submersible pumps
Mayor Falck said they had received info rmation_diestrib_ute-d - --
._thi,% -in- con-ne-etton with Lift- Station 16, and the es-
timated price of repairs, totaling $4500.00. The City Manager
indicated that this amount should be set at $5,000.00. Mayor
Falck said the City Engineer was present to discuss any aspects
Council is interested in. City Manager stated that this lift
station is between Sections 11 and 12, on 84th Terrace, and
that they are recommending purchasing a new unit, since it
would be less money than repairing -.it.. (questioned ---by C/M
Disraelly, Mr. Keating, the City Engineer, said this cost of
approximately $4500. would be for two pumps. He said that
on one pump the cast casing is broken and cannot work at all;
the second pump has a faulty electrical reading. He went into
additional detail as to why two submersible pumps which are
new, would be better. Mr. Keating said the $4500. was the
cost of the equipment itself, and after speaking with Mr. Nolan,
recommendation had been made that $500.00 be added to cover the
cost of labor, plus any incidentals. He said the labor would
be done by Tamarac Utilities staff, and that if approved, he
would hope they could have the pumps within the next several
days.
C/M Disraelly said this is a serious problem and it would seem
desirable to purchase new ones rather than repairing old ones
which might break again.
Mr_._ Hovt-said he had spoken to Mr. Nolan of Williams, Hatfield &
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Stoner and received a verbal opinion that money for this purchase
come from the Renewal. & Replacement Fund. Mr. Birken said they
cannot transfer money from the "R & R" without a certificate
from the consulting engineers and expenditure would be subject
to such written certificate from the engineering consultants.
C/M Disraelly said that due to the serious nature of this problem,
including one pump that could cause serious health conditions,
he would MOVE that the City Manager be AUTHORIZED to purchase
two submersible pumps, at a cost of $2250.00 each, with the
expenditure not to exceed $5,000.00 including labor, provided
that written certification is obtained from the consulting en-
gineer, under agreement of the bond BANs. Further, if certified,
that the funds then come from the Renewal and Replacment Fund,
#428-371-535-552, in accordance with emergency purchase section
in the City Charter.
C/W Kelch SECONDED the motion.
VOTE: ALL VOTED AYE.
Questioned by Mayor Falck if these pumps are guaranteed for any
particular length of time, Mr. Hoyt replied that the pumps they
had purchased for Lime Bay came with a five year guarantee and
since these are similar he believed these would come with the
same guarantee. C/W Kelch asked if any parts of these old pumps
could be used for emergency repairs. Mr. Hoyt said they do not
dispose of anything that might be salvaged.
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ITEM #35. Bid Award - Insurance Division- Tem . Reso. #1568
Discussion and possi 1e actionl':to award a bid or Compre-
hensive Business Automobile Insurance.
Synopsis of Action: Motion made for 90-day extension
on policy, so City can study estab-
lishment of self-insurance fund.
City Attorney read. Temp. Reso. #1568 by title only.
Judy Deutsch was recognized and said they had the bid opening.on
March 24th. She said a breakdown had been requested on liability,
comprehensive uninsured motorists, including non -owned and hired
auto coverage. Request had been made for deductible of $250.00
or optional deductible o� $500.00. The difference in the quotation
was approximately $100.00, so it would not pay to increase the
City's deductible. She said she had to adjust the figures on the
bid as one of the bidders left out 'non owned and hired autos'
and there were several things additionally. Mrs. Deutsch said
she had sent the following memorandum to Mr. Gross on March 27th
and went on to discuss it in detail.
"Bids were received on March 24, 1980 regarding our proposal
on Comprehensive Business Auto Insurance. We requested a
breakdown on liability, comprehensive, uninsured motorists,
including non -owned and hired auto coverage. We requested
a bid based upon split limits or singlelimits with optional
physical damage deductible of $250 or $500.
The following is'a breakdown of the coverages I recommend we
consider and the premiums quoted:
Liability including non -owned & hired
Fla. Municipal Liability $32,565 ($35,008 - adjusted figure)
Self Insurer's Program
Hyden Insurance Agency $33,512 (prpsl did not incl non -owned
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Admiral Insurance Agency $33,264* and hired vehicles)($36,figure)
($35, 682 - adjusted figure)
I have deleted Comprehensive and Uninsured Motorist Coverages
since we have had no losses in these.areas in the past five
years. I would suggest we establish a reserve to pay any
incurred losses.
In the event we purchase this coverage, I recommend we retain
Admiral Insurance Agency for liability coverage, based upon
past claims service and interest in other City coverages,,,
Mrs. Deutsch said the figures she had were for liability only
and she had penned in the comprehensive (as noted above),
and the total figure was for liability and comprehensive.
She added that basically her recommendation would be to stay
with.Admiral, as she felt the variance in the quotation was
not that great as to merit making a change now, based upon ser-
vice and performance in the past.
C/M Disraelly asked if on the self insurance on vehicles, are
they taking that into consideration? Mrs. Deutsch said they
had no collision coverage here as the City is self insured
on collision. C/M Disraelly asked about the comprehensive
and Mrs. Deutsch said that is not part of the self insurance.
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C/M Disraelly said he would respectfully ask some input from
Mayor Falck. Mayor Falck said that since there is only a
$600.00 difference and since the Florida Municipal liability
self insurers program has been in operation only since October
of last year, it would seem to him that the difference would not
justify changing from the existing carrier. Mayor Falck stressed
the importance of having a local carrier and gave as an example
the coverage that had to be given for the Public Works Fair,
and the fact that Admiral had given him what was desired immediately.
Florida ''Municipal Self Insurance Program would not have been able
to check what Admiral had done as they operate out of Orlando.
Mayor Falck said he was hgpeful from what had been discussed to
date, that the Self Insurer's Fund would be offering somewhere
in the neighborhood of a deviation of d)out 15%, but on the basis
of these figures, they are offering nothing. He said that he
agrees with the recommendation made by Mrs. Deutsch and is con-
cernea that they are talking of paying $35,000.00 for _liability
insurance, when the loss experience for the past year nas been
practically nil. Mayor Valck said they can set up a self insurers
,fund, and that is a statement he has made before and Council did
authorize a broadening of the: existing self insurance fund to
enable the City to move more in that direction. He said they
could do that same thing here, because the losses this past year
were not only exceptionally low, but the year before they were
also very low. Mayor Falck said if it had not been for one par-
ticular case that has caused problems as far as the total losses,
the City would not have any kind of a problem that would be of
major concern. He said that it would seem to him, that at some
time, Council would want to take a serious look at establishing
a self insurance fund to take care of all this. Mayor Falck said
it might take a little bit more money to get started and they
might have to consider building it up to "X" number of dollars,
but he felt collision losses that they had set up underself
insurance showed that they had paid their claim, and still had
much. money left in the self insurance account,. as they had put
three $10,000.00 deposits into this account.
C/M Disraelly questioned what the loss ratio had been last year
in liability? Mrs. Deutsch said that so far to -date, they had
paid out $211.00. C/M Disraelly questioned if the City might not
be better to gamble at this particular point to establish the
self insurance fund and have the City Manager tell Council how
much additional money there is in the budget for insurance that
could be added at this point in time to a self insurance program
to get the City started. The City is paying $30,000.00 to pro-
tect $2,Q0.00 he said, it would seem that it would be a good gamble.
C/M Disraelly asked if it would have an affect on the City's
soverign immunity if they went to self insurance? Mr. Birken
said that generally if they are going to start, they would want
to start with a certain figure and build up to be completely self
insured, and buy some umbrella coverage beyond a certain minimum
amount, and not to go,fully self insured the first year before
they've had the opportunity to build any sort of reserve. C/M
Disraelly said he had discussed figures under umbrella coverage
with Mrs. Deutsch the other day. She stated she did not have
those figures yet but had discussed it with the Mayor and if
they were to go self insurance in this area, she would like a.
cushion. Mrs. Deutsch said this is a very viable area and had
low loss ratios the past five years, but there was no way of
knowing what the present year would bring. She added that with
the special multi -peril coverage, if they had that with a com-
bined self insurance package, she believed actuarially they
would be in better shape with that than they are with this auto.
Mrs. Deutsch said this is not the best area to choose initially
to go into self insurance, in her opinion. C/M Disraelly
said that using whatever funds are available under insurance,
perhaps another $10,000.00 or $15,000.00 to start a self insurance
fund of $50,000.00, or whatever is available, to build the City
to a cap of $200,000.00, it would cover at least two big acci-
dents. C/M Disraelly asked the Mayor if this would not have to
be done at some point in time? Mayor Falck said he had indicated
that is the general direction in which he felt the City should
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be going, but the real problem is that this takes some time to
work up. He had indicated to Council when they set up the
original self insurance fund, that the City can do just about
anything that Council would like to have done; but as he under-
stood, the effective date on this is tomorrow. Mrs. Deutsch
said it was the 8th, or about one week. Mayor Falck said what
they would have to do is determine specifically how much money
they would have to put into the fund in order to get it started.
He did not believe it could be less than $100,000.00. C/M
Disraelly asked if the Mayor and Mars. Deutsch could generate
that information prior to the next meeting, as it would seem
to him to be worthwhile to take it out of this $30,000.00 that
they have set aside, and unless it would present a problem,
they could take the balance out of Unappropriated Surplus or
Contingency in order to establish this, as it has been indicated
it has to be done at some point in time.
Mr. Gross said that the Mayor is the expert in insurance, but the
question in his mind is, that if this is the time to go, he would
recommend it highly because he did not know what the budget re-
quirements for the State would be next year and it may be so tight
that they would not have any place to go to get the additional
funds to accomplish this. Mr. Gross felt if the Mayor's opinion
is that the odds are favorable, that they go ahead rather than
waiting until next year. Mayor Falck said if this is Council's
inclination, that they could request an extension from Admiral
.for a period of 90 days, to give them additional time needed
to put this together. If not, a Special Meeting could then
be called to decide what to do.
C/M Disraelly MOVED that request be made of Admiral Insurance
to grant the City an extension of 90 days, of the policy as it
stands as of this date, with the expectation that Council will
have input before that time, as to the City establishing a
self insurance fund in this area for comprehensive business
automobile insurance. C/M Disraelly added "and that the bids
be tabled until after that 90 days."
C/W Kelch SECONDED the motion.
VOTE: ALL VOTED AYE.
AGENDIZED BY REQUEST
ITEM #46. Fire Station #2. Installation of 1,000 Gallon
Fuel Tank. Discussion and Possible Action.
Synopsis of Action: Approval of Change Order with
Belcher Oil
Mayor Falck said this item covers the installation of a tank
for the sum of $2735.00, to be used at the Fire Station #2,
and that communication relative to this had been sent by Mr. Gross.
Mr. Gross said that Council had originally approved a 275 Gal.
tank which would have cost $875. He said this tank would be
to fuel the emergency generator of the fire station. The Fire
Chief had questioned Belcher as to whether that tank would be
large enough to take care of the fire engine also, since the
same fuel was used for both. Mr. Gross said this was the reason
.for the request of a 1000 Gal. tank, so that it would take care
of both the engine there and the emergency engine.
C/M Disraelly asked Mr. Gross if the gas tank had been in the
original specifications and for further input. Mr. Gross said
that gas tank had been added later on and approved. However,
when Belcher was getting ready to do it, Chief Simon brought
to his attention that a larger tank would mean that the Fire De-
partment vehicle would not have to go back and forth to be re-
fueled if they made this change. He said the pipes are out
there and had been put in as part of the original contract of the
building itself. Mr. Gross said there had been a provision for
putting the pipes in, without the tank, because they had received
a lower bid that way. If they went through the contractor, they
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r r �
would have to pay him his 10%. C/M Disraelly said he notes
then, that the fuel tank lines had been put in without pro-
viding for the fuel tank. He asked if the fuel tank lines go
out to the grassed area, and if a 1000 gallon tank is what
is being requested. Mr. Gross said the size of the tank would
be 1000 gallons and the tank would not go below the 500 gallon
level for if it goes below, the tank would be refilled. Ques-
tioned by C/M Disraelly as to the type of fuel, Mr. Gross said
this would be diesel fuel oil and as the diesel truck drives
through the area they would be checking the tank out. If they
see the tank needs fuel, they would put it in. However, it can
be ordered at any time. Mayor Falck asked if they would use
the diesel for running the generator and the diesel for the
engine? Mr. Gross replied affirmatively.
C/M Zemel said he would ask Mr. Birken if a formal bid is re-
quired because this would cost over $2,000.00. Mr. Birken
said when the bids went out for this project, specifications
for the tank were included. However, in a project of this mag-
nitude, it is common that during construction, items will come
up which will necessitate the issuance of a change order, and
the contract had provided for such. The difference in cost is
less than $2000.00. Mr. Birken said it is his belief that the
Purchasing Ordinance provides that the City Manager could prob-
ably have the authority to make this change administratively.
Therefore, assuming it is the same contractor and assuming that
a tank was in the specifications, change of size would not appear
to be one of such monumental character, that a new bid would be
required. C/M Zemel said if it does not exceed the budget,
then he sees no problem at all.
C/M Disraelly asked if the original $875.00 figure for the
275 gallon tank would have included the installation? Mr. Gross
said it did. C/M Disraelly said then the difference will be
both the tank itself and for the additional excavation and hookup.
Mr. Gross said there is also an extra pump that pumps into the.
truck and it is part of the $2735.00 cost.
C/M Disraelly MOVED the APPROVAL for the City Manager to issue
a change order contract with Belcher Oil Co. for the installation
of a 1000 gallon tank, replacing the 275 gallon tank
that had been ordered, together with the sum of $2735.00, which
would also necessitate the change order for the $875.00 previously
spoken of (not to be expended). The installation to include the
tank, the pumps and the necessary ground work that has to be done.
C/M Zemel SECONDED the motion.
VOTE: ALL VOTED AYE.
ITEM #10 (h) Baker Marine Inc. Cypress Creek Commons - 3/14/80
�2810.00 balance. Approval recommended by City Planner.
Synopsis of Action: Payment of $2810.00 to Baker
Marine APPROVED, Debris to be
cleared.
Mayor Falck said this item had been up for discussion on Wednesday
and the City Manager was to have additional input so that Council
could further consider this payment of $2810.00.
Mr. Gross said they had gone to this area and the Chief Building Of-
ficial had checked the structure, which is a concrete slab with a
covering on it. The other areas here are strictly marine and
all piers which were done by Baker Marine. He said those had
been checked by the City Engineer when they were put in. Mr. Gross
said that all work has been completed as had been contracted for.
C/M Disraelly asked if debris at the foot of the ramps had been
cleaned up, Mr. Gross said he would look into that. Mr. Gross._
said they had already applied for the moneys on this matter that
were to be coming back. Mr. Gross said this had also been
inspected by the Flood Control District and they are the ones
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3/31/80
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C�
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who have the final say and they had approved the construction.
Mr. Gross said they still have a bond on this item.
C/M Disraelly said in that event, he would MOVE the payment of
the retainage of $2810.00, PROVIDED that the water directly
in front of both of the ramps have been cleared of debris.
C/W Kelch SECONDED the motion.
VOTE: ALL VOTED AYE.
ITEM #40. REPORTS
C/W Kelch said that the area where they have slurry seal
Tape #4 has been striped and swept. She said the general opinion
has been good on the part of the technical people involved
and that there would be a meeting Wednesday to start a con-
sideration of the extension of this program.
C/W Kelch then went on to discuss the plans for the Public
Works Festival, to be held on May 3rd and 4th, and which
were coming along very nicely. She said that the Public
Information Committee and the Consumer Affairs Committee
had both taken booths. C/W Kelch said she believed this
would be a good opportunity for the City to get cooperation
from various sections and result in a good City-wide experience,
and she is pleased,iwith the plans that are being made. She
asked that Council members try to get cooperation from their
various sections.
C/M Zemel said he was surprised at the many last minute items
Council is asked to consider. He felt if the item is not
important enough, perhaps it could wait until the next Regular
Council Meeting, as he felt Council business is more important
than some contractors' or other private or special_ interests.
C/M Zemel said that regarding bid recommendations and summaries
and descriptions of purchase requests on bid packages, he was
sure that the City Manager would be looking into such.
C/M Disraelly said there had been a meeting of the Community
Block�Grant Development, which had been held last week at
the Fort Lauderdale City Hall, which he and C/W Kelch had
attended. C/M Disraelly said that this grant refers mostly
to low income areas, blight areas, etc., according to input
from people in Tallahassee, Washington, etc. Therefore, he
did not think that Tamarac would be able to get anything from
this program.
C/M Disraelly said he had received some phone calls from Chuck
Scarsborough who is representing the Story of Broward County,
who had informed him that a full cover page would be $800.00
and a full black and white page is $604. Mr. Scarsborough
told him Sunrise had taken a full page, etc., and had asked
him to get the feeling of the Tamarac Council. C/M Disraelly
said his feeling is that the City does not have $800.00 to
spend for this. However, if there is any other opinion, he
would be glad to hear it. C/M Zemel said he has no interest
in this type of advertising. C/W Kelch agreed saying that
the City should not promote a publication of this nature.
Mayor Falck agreed, saying he does not see spending this kind
of money for this type of promotional information as it is
day-to-day actions that are important. C/W Kelch said she
wishes to add that they have a history of Tamarac in the
booklet that has been distributed here and elsewhere, and
that another booklet would probably be in the planning stage
very shortly. C/M Disraelly said he would inform Mr.
Scarsborough that Tamarac is not interested.
C/M Disraelly said that regarding the possible collection of
paper in the City, B.F.T. will reduce, by the tonnage of paper
that is picked up, the cost of the dumping fees so far as the
City is concerned and this would save the City money on their
contract with them.
-13- 3/31/80
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C/M Disraelly said they now have an agreement with Durbin
Paper Co., who would make the arrangments to have the papers
in the City picked up not less than once a week from every
home. They would pay the City 10% of the sale price of that
paper, but not less than $1.80 a ton. He added that the
present price of paper is about $40.00 a ton, which means
that the City would be receiving $4.00 a ton for the paper.
Durbin will see that it is collected and weighed and will
certify the figures to the City. C/M Disraelly said they
would advertise pick-up days, guarantee the collection and
schedule the date. The City will have to pass an anti -scavenger
ordinance and arrange for the proper party to pick it up.
Browning Ferris will pay the City 50% rebate based on the
dumping fees, on the tonnage reported to the City by
Durbin Paper. C/M Disraelly said that based on a minimum of 2,000
tons, the City would be saving $13,000.00 in the course of a year.
C/M Disraelly said the first step would be the anti -scavenger
ordinance to be presented at the next. Council meeting. Questioned
by C/W Kelch, C/M Disraelly said this paper would be picked up
once a week and would have to be kept separated from garbage.
Mayor Falck commended C/M Disraelly on the collection of paper item
which he felt must have involved much effort.
Item #42. City Attorney Report.
Mr. Birken said there had been a request made by Lennar for re-
lease of all the canal reservations in Sections 5 and 6.
Mr. Keating has requested more time for the City to review the
request and make recommendations. Mr. Birken said
this is a significant request as he believed it is all the
canals in Sections 5 and 6. Mr. Birken then discussed memoranda
he had been sending to Council relative to the $1500.00 H.O.W.
bonds and how to proceed. He said that Council might wish to
have a Workshop, and added that the Ordinance is really a fine
concept because of the magnitude of the developments which will
be taking place by non-H.O.W. builders, such as Lennar and
Heftler. Mr. Birken said he would appreciate input from Council
regarding this as he would be working on a proposal. Questioned
by C/M Disraelly regarding Lennar, Mr. Birken said there had
been a Workshop meeting with them several months ago and they
had been instructed by the Mayor to contact the City Attorney.
However, Mr. Birken added, he has not had contact with them
as they have not been in to see him. He said as far as Heftler's
comments are concerned, he felt some of them are valid and need
some further review and study. Mr. Birken felt that standards
would have to be set, and that Council should not have to release
each and every bond that would come up, and there should be auto-
matic release as there would be 7000 units. Mr. Birken said
he did not know what Lennar's input would be; however, he feels
the Ordinance needs to be clarified, although the concept is
excellent and has been written up in national journals. C/W
Kelch agreed that there should be specifics as long as the
Ordinance is not diluted and the protection to the consumer is
still there. Mayor Falck said that Ordinance had been worked
on by the then-C/M Tucker and himself and Mr. Tucker might
wish to make additional observations at this time. Mayor
Falck said this Ordinance has stopped complaints from the people
who were getting hooked.
Item #41. City Manager
Mr. Gross said he had sent memoranda to Council regarding the
use of Tamarac recreational facilities by outsiders, such
as softball team, etc. To date, he has not received input
and would appreciate same.
Mayor Falck said that Comm. Tobin had been in and spoken
about a symphonic orchestra that Margate is setting up, and
had asked for a contribution inasmuch as there are ten members
from Tamarac who have joined the orchestra. The Mayor said
-14- 3/31/80
tz
his inclination is that they not get involved as they have not
become involved in others. Unless Council felt otherwise, Mayor
Falck said that would be his response to Comm. Tobin.
Discussion took place about contributions to the Areawide
Agengy on Aging and Mr. Gross said Tamarac had given $3000.00
to this Agency. However, that had been before the Ordinance
had been passed regarding no contributions to any organizations.
Mr. Gross said it is his belief, however, that this is a quasi -
governmental agency. Question arose as to the contribution to
this Agency and Mr. Birken said if it is not a private organiza-
tion, they could make the contribution. Mr. Gross asked that
Mr. Birken check this with the County Attorney.
Mayor Falck said he had not received input from Council relating
to Mr. Tucker's communication regarding activation of the
Woodlands fountains. He asked if Council could please give
him some input on it.
There being no further business,
1:00 P.M.
ATTEST:
W_r_../R.M_T1_K01'
.Clerk
the meeting ADJOURNED at
R
This public document was promulgated at a cost of
or $ per copy, to inform the general public and public
office'rs-and employees about recent opinions and considerations
by the City Council of the City of Tamarac.
APPROVED BY
CITY COUNCIL ON U
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