HomeMy WebLinkAbout1992-01-06 - City Commission Special Meeting MinutesP-i
RECORD OF COUNCIL ACTIONS/DISCUSSIONS
NOTICE OF SPECIAL MEETING
CITY COUNCIL OF TAMARAC, FLORIDA
There will be a Special Meeting of the City Council on
Monday, January 6, 1992 at 8:30 A.M. in Conference Room #1 of
City Hall, 7525 NW 88 Avenue, Tamarac, Florida.
The City Council will consider the following:
1. DISCUSSION AND POSSIBLE ACTION regarding the agreement
between the City of Tamarac and Medics Ambulance
Service.
FINAL ACTION:
TABLED for more information.
2. DISCUSSION AND POSSIBLE ACTION regarding the City
Attorney position.
FINAL ACTION:
Interviews will be scheduled with the following candi-
dates for the City Attorney position:
David Feldheim Richard Craddock
Esteban Miranda Mitchell Kraft
3. DISCUSSION AND POSSIBLE ACTION regarding the proposed
bus depot by the Broward County School Board.
FINAL ACTION:
Discussion was held and direction was given to the City
Manager to draft a notice for the newspaper regarding
this issue urging people to attend the Town Meeting to
be held on Wednesday, January 15, 1992 at 7:00 P.M. in
the Chambers of City Hall.
4. PUBLIC PARTICIPATION - Any member of the public may
speak to any issue which is not agendized for public
hearing at this meeting. Speakers will be limited to
three minutes during this item and at public hearings.
There will be a thirty (30) minute aggregate time limit
for this item, and speakers are encouraged to sign up in
advance with the City Clerk prior to their
participation.
The City Council may consider and act upon such other busi-
ness as may come before it.
All meetings are open to the public.
In the event this agenda must be revised, such revised copies
will be available to the public at the City Council meeting.
Carol A. Evans
CAE/pm City Clerk ---
CITY OF TAMARAC
CITY COUNCIL SPECIAL MEETING
MONDAY, JANUARY 6, 1992
Tape 1
C'kLL TO ORDER : Mayor Abramowitz called the Special meeting to order
at 8-M a.m. in Conference Room #1, City Hall.
PRESENT :
- Mayor Norman Abramowitz
Vice -Mayor Dr. H. Larry Bender
Councilman Henry Schumann
Councilman Irving Katz
Councilwoman Diane Glasser
ALSO PRESENT :
John P. Kelly, City Manager
Dina McDermott, Assistant City Manager
Alan F. Ruf, City Attorney
Mary Blasi, Finance Director
Patricia Marcurio, Office Manager, City Clerk's Office
Phyllis Polikoff, Secretary
Mayor Abramowitz said the purpose of the meeting was to consider the
following items:
1.) DISCUSSION AND POSSIBLE ACTION regarding the agreement between
the City of Tamarac and Me ics Ambulance Service.
SYNOPSIS OF ACTION
TABLED for more
City Manager Kelly said at the November 25, 1991 meeting he was
asked by Council to get something which confirmed that Medics
Ambulance could not require payment prior to a person being
transported. He said he spoke to two people who stated that
Medics Ambulance could not require payment prior to anyone
being transported.
City Manager Kelly said he received a copy of Broward County's
five year contract with Medics Ambulance but the contract did
not mention payment. He called Broward County and was advised
it was in the Ambulance Rules and Procedures and would be sent
to him.
City Manager Kelly said the provision was a combination of the
contract and Section 5.09 of the Ambulance Rules and
Procedures. He said he felt uncomfortable with Section 5.09
and Broward County advised that it established set fees for the
types of services rendered.
City Manager Kelly said Section 10.2 of the City's contract
with the ambulance service stated that Medics Ambulance "shall
not refuse... ability to pay for such service".
City Manager Kelly said in his opinion that the language in
Broward County's contract and the City's contract were not
specific enough. He said Medics Ambulance accepted Broward
County's interpretation that the ambulance services were not
allowed to ask for monies, etc., prior to transporting someone
on an emergency call.
C/W Glasser asked if Medics Ambulance was required to apply for
insurance or Medicare and City Manager Kelly said, yes, but
they could also refer it to the person who was transported. He
said Medics had the right to refuse assignment or the person's
insurance and the person could send the bill to their insurance
company.
J
City Council Special Meeting
1/6/92/PP
Page 2
Mayor Abramowitz said the last caveat was in the City's
contract with Medics Ambulance. He asked if it was also in
Broward County's contract with Medics Ambulance and City
Manager Kelly said it was but the wording was not specific.
Mayor Abramowitz said the language was moot if the City dropped
the contract with Medics Ambulance and City Manager Kelly said,
yes.
Mayor Abramowitz asked if the contract between Broward County
and Medics Ambulance stated that Medics Ambulance could not
demand payment before transporting and City Manager Kelly said,
yes.
V/M Bender said a law made it mandatory that all doctors had to
complete forms whether or not they accepted assignments. He
thought this also applied to ambulance services and asked that
it be checked out. City Manager Kelly said this was discussed
and Broward County and Medics Ambulance said there was a
misunderstanding on the City's part and Medics Ambulance did
not complete the forms.
V/M Bender said the State and Federal Governments should be
contacted to definitely find out.
Mayor Abramowitz said many years ago people complained because
the ambulance services demanded payment before the people were
transported. He said Malcolm Cohen of Medics Ambulance
indicated that the bills would be dismissed when there were
non -collectibles because he had an approximate 70% collection
rate. He said Mr. Cohen stated he would go after the people
who did not pay.
Mayor Abramowitz said Mr. Cohen could not deny services to
anyone on an emergency basis without violating his contract
with Broward County. He said an ambulance company could not
arbitrarily not transport someone because they were not paid.
V/M Bender asked for up -dated documents because the documents
he had from Broward County were dated 1984 and 1988 and City
Manager Kelly said the up -dated document did not mention it at
all but the rules and procedures were in effect.
City Manager Kelly said Broward County sent him a copy of the
amended agreement between Medics Ambulance and themselves for
the next five years. He said the document did not contain
anything pertaining to the question asked by Council.
V/M Bender said there was nothing in the new document which
indicated that the rules and procedures were still in effect
and City Manager Kelly said they were not changed.
City Manager Kelly said Broward County's contract with Medics
Ambulance did not state anything pertaining to prohibition
against payment and Broward County advised it was in the rules
and procedures.
V/M Bender said there should be something in the new document
which indicated the rules and procedures were still in effect
and Mayor Abramowitz said a dated Fax was sent.
C/W Glasser asked why the City could not get a current dated
statement and Mayor Abramowitz said a dated Fax was sent. City
Manager Kelly said he did not know if this answered Council's
question and he wanted to make sure that it did.
V/M Bender asked how this tied into the current contract. and
City Attorney Ruf said more work had to be done.
C/M Katz asked if the documents were addendums to the original
contract or supplements which superseded that contract.
City Council Special Meeting
1/6/92/PP
Page 3
C/M Schumann said he interpreted Section 5.09 of the Ambulance
Rules and Procedures to mean that Medics Ambulance could demand
payment if it was the prescribed rate. He said Medics could
not refuse to take someone to a hospital but they could demand
payment.
Mayor Abramowitz said the document received by the City on
Friday was much clearer. City Manager Kelly said he would
contact the people to tie all the documents together so there
would be one document.
V/M Bender said the last date he had on a document was 1988.
C/W Glasser said she did not want to get complaints that people
were stranded because they were unable to pay and Mayor
Abramowitz said any ambulance service that did this would be
violating Broward County's contract.
C/'M Katz said Council's responsibility was to the citizens of
Tamarac and not the ambulance service and Mayor Abramowitz said
he agreed and that was why he demanded written documentation
from Broward County. C/W Glasser said this would be the
contract.
Joseph Schreiber, resident, said the current standard operating
procedures from Broward County indicated an amendment to the
contract dated May of 1991 and continued the terms of the
contract, which existed for four years. He said Section 2.1 of
Broward County's Scope of Services stated the contract was
obligated to comply with the rules and regulations of the State
and Federal Governments, Ordinances, etc. He said this applied
to Section 5.09 of Broward County's contract with Medics
Ambulance and Section 10.02 stated that Medics Ambulance could
not require payment.
Mayor Abramowitz reiterated
to get written and clear
pertaining to the ambulance
due to inability to pay.
* C/M Katz MOVED to TABLE
SECONDED by C/M Schumann.
his request of City Manager Kelly
documentation from Broward County
service refusing to pick up someone
Item 1 pending further information,
V/M Bender asked about the coverage of the present contract and
Mayor Abramowitz said it was on a month -to -month basis.
VOTE ALL VOTED AYE
3. DISCUSSION AND POSSIBLE ACTION regarding the proposed bus depot
y the Broward County Sc ool Board.
SYNOPSIS OF ACTION :
Discussion was heFd and direction was given to
the City Manager to draft a notice for the
newspaper regarding this issue urging people to
attend the Town Meeting to be held on Wednesday
January 15, 1992 at 7:00 P.M. in the Chambers of
City Hall.
Mayor Abramowitz said he contacted the President's Council to
alert every section by sending out postcards and/or making
telephone calls to attend the Town Hall meeting. He said the
citizens had to be made aware that the bus depot affected the
entire City.
City Manager Kelly said the Broward County School Board
proposed the- building of a maintenance building/bus depot on
Land Section 7. He said the project would be tax exempt, would
generate.a minimum of 2,000 trips daily, would have a negative
impact on the neighboring properties with regard to concurrency
and would have a negative impact on the type of development for
the future. He said it would be illegal for the City to stop a
City Council Special Meeting
1/6/92/PP
Page 4
plat and Broward County had Eminent Domain authority. He said
this area was zoned LI-1 and the City would have site plan
Control.
C/W Glasser asked approximately how many buses would be housed
at the depot and City Manager Kelly said between 125 to 300.
She said the City had to consider the people who worked at the
depot and V/M Bender said this would mean approximately 400
cars driving in and out twice daily.
Mayor Abramowitz said he wrote the School Board advising there
were sound financial reasons that the bus depot was detrimental
to the City.
Mayor Abramowitz said Broward County could save money to
purchase the land but they would lose because the City paid
school taxes.
V/M Bender asked if the Comprehensive Plan indicated that wells
would be built in Land Section 7 and C/M Katz said two wells
would service that area. City Manager Kelly said he was not
sure it was on that property.
C/W Glasser asked regarding concurrency if future development
would be affected and City Manager Kelly said it would affect
the unplatted land by the twice daily trips generated by the
cars and buses. Mayor Abramowitz said the City would be
affected more when the bridge was built over Nob Hill Road.
C/W Glasser said a Town Hall Meeting would get the various
groups together to organize with a plan of action.
C/M Katz said he was sure Broward County's Engineers researched
the number of cars, trucks and building size for the depot. He
said his main concern was the facility on Andrews Avenue would
close and would wind up on Land Section 7 which would mean a
vast number of daily trips and many employees.
City Attorney Ruf asked about the industrial area in the City
of Sunrise and Mayor Abramowitz said Sunrise endeavored to
determine the land owner who objected to the Selection Process.
Mayor Abramowitz said he contacted the majority of the School
Board members and indicated the City's objections. He said he
also spoke to a member of the House of Representatives and
Senator Weinstein who indicated they supported the City's
objections. He suggested every Council member do the same
thing.
City Manager Kelly the purpose of today's meeting was to
develop a strategy and the facts for the January 15 meeting to
present to the citizens. He asked for suggestions on how to
notify the citizens and Mayor Abramowitz said to put the notice
on television. C/W Glasser said to send out a flyer and Mayor
Abramowitz said the President's Council was alerted to do this.
V/M Bender said a large notice should be put in the newspaper.
C/W Glasser said she was advised that another group was meeting
on January 15 to discuss the same subject and Mayor Abramowitz
said he heard three groups would be doing likewise. C/M Katz
said in his opinion, this would detract from the City's Town
Hall Meeting and City Manager Kelly said those groups should
be invited to participate at the Town Hall Meeting. Mayor, a
Abramowitz said three groups voiced their objections to the
School Board.
C/M Katz suggested the television notice should be put on the
Kings Point channel.
C/M Katz suggested contacting the groups who scheduled their
meetings for January 15 to come to the Town Hall Meeting and
reschedule their meeting because it could detract from the
City's meeting.
City Council Special Meeting
1/6/92/PP
Page 5
Tape 2
C/M Katz asked how long it would take to prepare a flyer on the
Town. Hall Meeting and Ms. McDermott recommended doing a very
inexpensive special mailing. She also recommended doing a
large press release or possibly buying an ad and Mayor
Abramowitz suggested putting the notice in the newspaper. V/M
Bender said he agreed.
Ms. McDermott said a very inexpensive flyer could be prepared
but the major problem was distribution and Mayor Abramowitz
asked Ms. McDermott to contact Herb Hayes to find out how he
alerted the various sections.
C/W Glasser said the television notice should be a Special
Bulletin and not part of the calendar.
City Manager Kelly asked the City's position at the Town Hall
Meeting and C/W Glasser said there should be a sign -in sheet in
order to contact these people for the meeting with the School
Board. He asked if a petition could suffice and C/W Glasser
said it was a good idea.
C/W Glasser suggested making blank petitions for the people to
take back to their communities.
Mayor Abramowitz said members of the School Board told him they
were not in favor of the bus depot. C/W Glasser said she also
heard from the School Board that someone within their ranks was
backing off because of adverse publicity.
C/W Glasser said the School Board might possibly not go forward
if they received petitions from the citizens objecting to the
project. Mayor Abramowitz said there was a sound, financial
and sensible way to present the City's objections and C/W
Glasser said this should be on the petition.
Mayor Abramowitz asked City Manager Kelly to draft a notice and
transmit it to Council as `soon as possible.
V/M Bender said an agenda should be prepared with an item
specifically addressing the adverse affect on Broward County,
the City of Tamarac and depreciation of property surrounding
the depot.
Mayor Abramowitz said he knew of someone wishing to build a
hotel on Land Section 7 but had not done so because some of the
rooms would face the bus depot. City Attorney Ruf said another
key was that the environment would suffer and Mayor Abramowitz
said it would always be an environmental issue no matter where
the bus depot was built.
City Attorney Ruf said he would look at the Well -field Code.
V/M Bender said he wanted research done on how much
contamination would affect the environment and at what distance
would it become detrimental.
V/M Bender asked why one huge depot would be built when smaller
satellites could suffice and City Manager Kelly said the
proposed project was a satellite.
C/M Katz said in his opinion if the maintenance building/bus
depot was built in Tamarac, it would not remain a satellite.
Mayor Abramowitz said the City needed a definitive reason for
saying Broward County's Selection Committee made a poor choice
of locations.
Mayor Abramowitz said the petitions should be given to members
of the President's Council for distribution in their
communities.
2. DISCUSSION AND POSSIBLE ACTION regarding the City Attorney
L,
City Council
1/6/92/PP
Page 6
Special Meeting
position.
SYNOPSIS OF ACTION
Interviews will be
-
candidates for the
David Feldheim
Esteban Miranda
Richard Graddock
Mitchell Kraft
scheduled with the following
City Attorney Position:
Mayor Abramowitz said Council interviewed five candidates and
all agreed on one candidate. He said Council indicated they
wanted to review the applications for more candidates, if
possible, to interview.
C/M Schumann indicated:
#20 David Feldheim
#33 Richard Graddock
V/M Bender indicated:
#20 David Feldheim
#25 Susan Glant
#33 Richard Graddock
C/M Katz indicated:
#12 David A. Slavin
#15 Esteban Miranda
#21 Mitchell Kraft
#27 Gerry Clark
C/W Glasser indicated:
#20 David Feldheim
#15 Esteban Miranda
#21 Mitchell Kraft
Mayor
Abramowitz indicated:
#33
Richard Graddock
#13
William Capeto
#21
Mitchell Kraft
#15
Esteban Miranda
Mayor Abramowitz said it appeared there were four candidates to
interview rather than having a short-list prepared.
Ms. McDermott said David Feldheim, Richard Graddock, Esteban
Miranda and Mitchell Kraft each received three votes. She said
Susan Glant, David Slavin, Gerry Clark and William Capeto each
received a single vote.
C/M Katz asked if all four candidates were available and City
Manager Kelly said they would be contacted today. He said if
the candidates and Council were available, the candidates would
be scheduled for interviews on two mornings.
4. PUBLIC PARTICIPATION - Any member of the public may speak
to any issue which is not agendized for public hearing at
this meeting. Speakers will be limited to three minutes
during this item and at public hearings. There will be a
thirty (30) minute aggregate time limit for this item, and
speakers are encoura9ed to sign up in advance with the City
Clerk prior to their participation.
Nathan Peretzman, resident, expressed his concerns about the
ambulance service.
Joseph Schreiber, resident, expressed his concerns about hiring
a new City Attorney, the proposed maintenance building/bus
depot and the ambulance service.
Mayor Abramowitz said at the time of the transfer, Council was
aware of many violations of the contract made by the ambulance
City Council Special Meeting
1/6/92/PP
Page 7
company. He said at that time the Council decided to give the
subsidy and determined it was necessary to have the service
even if the ambulance service violated its contract.
Mayor Abramowitz said since he came into office, the number of
complaints dropped dramatically.
Tape 3
V/M Bender said he did not have a copy of the April 1988
amendment which Mr. Schreiber mentioned regarding the ambulance
service. He said he was looking for one document which
encompassed all the changes and Mr. Schreiber said each
amendment represented something different and did not change
the basic concept of the contract.
V/M Bender said the last document dated May, 1991 should have
encompassed all the amendments but it did not. Mayor
Abramowitz said he wanted proof positive from Broward County
which indicated that Medics Ambulance was violating its
contract or Broward County's Rules and Regulations because
Medics demanded payment on pick-ups.
City Manager Kelly asked if Council wanted a compilation of
everything interpreted to mean something or a letter from
Broward County and Mayor Abramowitz said anything which stated
that Medics Ambulance could not demand payment at time of pick--
up.
Mayor Abramowitz said he did not know if the Federal law
instructed the ambulance service to do the paperwork regarding
the pick-up and City Manager Kelly said he would research this.
Mayor Abramowitz ADJOURNED the
CAROL A." EVANS
CITY CLERK
rI
CITY OF TAMARAC
YED AT MEETING OF /
City Clerk