HomeMy WebLinkAbout1992-05-28 - City Commission Special Meeting Minutes7525 Northwest 88 Avenue
Tamarac, FL 33321-2401
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May 20, 1992
NOTICE OF SPECIAL MEETING
CITY COUNCIL OF TAMARAC, FLORIDA
There will be a Special Meeting of the City Council on Thursday,
May 28, 1992 at 9:30 a.m. in Conference Room #1 of City Hall, 7525
N.W. 88 Avenue, Tamarac, Florida.
The Purpose of this meeting is as follows:
1. RUBLYC PARTICIPATION - Any member of the public may speak
to any issue which is on this meeting notice. Speakers will
be limited to three minutes during this item and at public
hearings. There will be a thirty (30) minute aggregate time
limit for this item, and speakers are encouraged to sign up
in advance with the City Clerk prior to their participation.
2• authorizing the
appropriate City officials to execute an Agreement with
Bench Ads of Tamarac, Inc., for erecting and maintaining bus
benches within the City of Tamarac. (tabled from 5/27/92
City Council Regular meeting)
FINAL ACTT„QN I. RESOLUTION R-92-90-PASSED
APPROVED. The contract shall be amended with language added prohibiting
all political signs. The amount of the bus benches will be reduced to
112 (75 the first year and 37 the second year). The City will receive
$5,000 the first year and in the event of an increase, it will be
negotiated.
3• DZALZMON AND POSSIBLE ACTION regarding the following
possible Charter Amendments.
a. Section 4.02 — City Council Length of Terms of Office
b. Section 4.02 — City Council Number of Terms of Office
C. Section 4.04 — Mayor & Council Compensation
d. Section 4.04 - Mayor & Council Expenses
FINAL
The
ACTIQK:
City Attorney will prepare Ordinances placing the following
amendments on the September 1, 1992 ballot:
a)
Changing the length of Council terms from 2 years to 3 years.
b)
Changing the number of terms for Council from two to unlimited
terms.
c)
Changing Council salary from $3,600 to $6,000 per year and Mayor's
salary from $4,800 to $7,200 per year.
d)
Expense compensation is paid in advance. Vouchers must be
presented to the City Clerk by the end of the calendar year
indicating the source of the expenditures. The balance of money
not spent can, at the option of the Council person, either be
returned to the City or be included as part of his salary.
4, D19=SSION AND PQSSTBLE ACTION regarding a recommendation for
an audit on cable television.
FINAL ACTIQN
Agendized by Consent.
TABLED for more information.
5, regarding the City Logo.
FINAL ACTION_
Agendized by Consent. Staff was authorized to copyright the City logo.
After a copyright is obtained, permission must be sought by the general
public from the City Council in order to use this logo.
The City Council may consider and act upon such other businesslas
may come before it.
All meetings are open to the public.
Carol A. Evans
City Clerk
Pursuant to Section 286.0105, Florida Statutes
If a person decides to appeal any decision made by the City
Council with respect to any matter considered at such meeting or
hearing, he will need a record of the proceedings and for such
purpose, he may need to ensure that a verbatim record includes
the testimony and evidence upon which the appeal is to be based
The City of Tamarac complies with the provisions of the Americ�ns
with Disability Act. If you are a disabled person requiring an
accommodations or assistance, please notify the City of such n ed
at least 72 hours (3 days) in advance.
11
CITY OF TAMARAC
SPECIAL CITY COUNCIL MEETING
THURSDAY, MAY 28, 1992
Tape 1
CALL TO ORDER : Mayor Bender called the City Council Special meeting
to or er at 9:30 a.m. in Conference Room #1, City Hall.
PRESENT :
Mayor H. L. Bender
Councilman Norman Abramowitz
Councilman Irving Katz
ABSENT AND EXCUSED :
Vice Mayor Henry Schumann
Councilman Joseph Schreiber
ALSO PRESENT :
John P. Kelly, City Manager
Dina McDermott, Assistant City Manager
Mitchell S. Kraft, City Attorney
Carol A. Evans, City Clerk
Mary Blasi, Finance Director
Patricia Marcurio, Office Manager
Phyllis Polikoff, Secretary
1. PUBLIC PARTICIPATION : Any member of the public may speak to any
issue which is on this meeting notice. Speakers will be limited to
three minutes during this item and at public hearings. There will
be a thirty (30) minute aggregate time limit for this item, and
speakers are encouraged to sign up in advance with the City Clerk
prior to their participation.
Melanie Reynolds, resident, read a letter charging Council with abusing
the Charter.
Marvin Siedel, resident, asked why Item 2 was postponed and Mayor Bender
said the postponement was requested by Mitchell Caesar, Attorney for the
client.
Joe Padwa, resident, expressed his concerns about bus benches and bus
shelters. C/M Abramowitz said he personally wanted more bus shelters
and the City waited almost 18 months to get a shelter near the Library.
He said bus shelters would produce revenue and they served a purpose.
Anthony Grimaldi, resident, expressed his concerns about not having the
full Council in attendance. Mayor Bender and John Kelly, City Manager,
said the Meeting was scheduled but circumstances prevented V/M Schumann
and C/M Schreiber from attending.
Mr. Kelly said V/M Schumann would try to be present for Item 3. He said
Council directed City Attorney Kraft to prepare the Ordinances by June
3, for the first reading on June 10. He said Council would discuss and
decide the Ordinances today.
C/M Abramowitz said time was of the essence and everyone on the Council
knew what the timeframe was.
Bernie Hart, resident, asked why single -member districts was not
agendized for today's meeting. C/M Abramowitz said the matter was only
discussed at a Workshop and there was no Consensus of Opinion to bring
it up and C/M Katz disagreed and at the last meeting he attended, the
Consensus of Opinion was 3 to 2 for future discussions. C/M Abramowitz
said C/M Katz was not present at the last meeting and this matter was
not prioritized for the September or November ballots.
Mr. Kelly said single -member districts would be considered along with
Redistricting for the March, 1993 ballot and C/M Katz said they should
be on the November ballot if they were not on the September ballot. Mr.
Kelly said anything for the September or November ballot had to be at
City Council Special Meeting
5/28/92/PP
Page 2
Jane Carroll's Office at the same time and the June 10 and June 24
meetings would be too late for the September or November ballot.
C/M Abramowitz recommended that single -member districts should be
agendized again but Staff should research this matter very thor ughly
before any decisions were made.
2. MOTION TO ADOPT Temp. Reso. #6294 authorizing the appropriate ity
officials to execute an Agreement with Bench Ads of Tamarac, Inc., for
erecting and maintaining bus benches within the City of Tamarac. (Tabled
from 5/27/92 City Council Regular meeting)
SYNOPSIS OF ACTION RESOLUTION R-92-90-PASSED
APPROVED. The contract shall be amended with language
added prohibiting all political signs. The amount of the
bus benches will be reduced to 112 (75 the first year and
37 the second year). The City will receive $5,000 the first
year and in the event of an increase, the contract will be
renegotiated.
City Attorney Kraft read Temp. Ord. #6294 by Title.
* C/M Abramowitz MOVED to APPROVE, SECONDED by C/M Katz.
Dina McDermott, Assistant City Manager, said the agreement would provide
benches at bus stops without shelters. She said the agreement included
the installation of 100 benches in 1992 and 40 in 1993. She said an
additional 25 benches would be installed free, without advertising and
they could be placed somewhere within the City.
Ms. McDermott said the Company would pay $50 per bench, per yea , and
the City requested that $5,000 would be paid up front and $5,000 would
be paid at the beginning of January of each year.
Ms. McDermott said the City would approve the advertising and the
benches were subject to written approval by the City, the Depart ent of
Transportation and Broward County. She said the City Manager or his
Designee would make the final decision regarding placement or removal of
the benches. She said benches would not be placed near any existing bus
shelters.
C/M Abramowitz said the City had to approve the placement and location
of the benches and Attorney Caesar agreed.
C/M Abramowitz said the City had the right to request that the bench
should be repaired or removed at the Company's expense and Attorney
Caesar agreed.
Ms. McDermott suggested that Council should review Pages 5 through 10
which were self-explanatory with regard to maintenance, inspection,
failure to maintain or clean, damage or destruction and removal of
benches.
C/M Abramowitz asked about the advertising and Ms. McDermott suggested
that he should review Paragraph 2 on Page 3. She said the Company would
submit a copy of what would be advertised for review by the City and
with a written request, the City could request that something be removed
within 48 hours.
C/M Abramowitz recommended that the amount of benches should be
decreased by 20% to 112 benches. He said in the future, the City could
request more benches.
C/M Katz said the amount of benches should be reduced to 100 benches
with 60 the first year and 40 the second year and the Company should pay
a minimum of $5,000 per year instead of $50 per bench. Ms. McDermott
said Paragraph 4 indicated that the Company would pay the City $5,000
when the contract was executed and $5,000 at the beginning of January of
each year.
Attorney Caesar said $5,000 was based on 140 benches and his client
City Council Special Meeting
5/28/92/PP
Page 3
asked that the $5,000 should be based on 112 benches instead of the 100
benches that C/M Katz suggested.
C/M Katz said 60 benches at $50 per bench equalled $3,000 and not
$5,000. Attorney Caesar asked if Council agreed to 112 benches, could
the Company install 85 the first year and 27 the second year.
C/M Abramowitz said he would reduce the 140 benches by 20% and in his
opinion, there would be no problem installing 75 benches the first year.
He said if the City wanted more benches in the future, $5,000 should be
the minimum' and any more benches should be based on $50 per bench.
Attorney Caesar said that the language should be amended to indicate
that $5,000 represented 112 benches and anything over that would cost
$50 per bench.
Ms. McDermott suggested that the contract should be approved for 112
benches at $5,000 per year and anything over that should be renegotiated
and Mayor Bender agreed.
C/M Abramowitz said he agreed with Ms. McDermott and perhaps in the
future the City might want to increase the amount of money requested for
each bench installed. He asked if the City had to adhere to the $5,000
and the number of benches indicated in the contract and Attorney Caesar
said the contract could be renegotiated.
* C/M Abramowitz MOVED to APPROVE the contract with 112 benches, $5,000
paid when the contract was executed and $5,000 at the beginning of
January of each year.
Mr. Grimaldi said that the benches should not be used for any political
advertising and this should be put into the contract. C/M Abramowitz
agreed and Mayor Bender and Mr. Kelly said they also agreed.
lAttorney Caesar asked if there was a constitutional restraint problem
and City Attorney Kraft said in his opinion, this should be part of the
negotiation process.
Mr. Kelly said he did not like the contract because in his opinion, the
City did not need all the benches and he would install 50 benches the
first year and 20 benches the second year. He said he would also not
want to see any advertising on the benches which pertained to liquor or
weapons such as guns, knives, etc.
C/M Abramowitz said the Petitioner stated he could not see any problem
with this. He said Council still had the option to approve or
disapprove the advertising and Attorney Caesar agreed.
* C/M Abramowitz continued with the MOTION and requested contractually
that political advertising should not be allowed on the benches.
Attorney Caesar said if Council approved the 20% reduction to 112
benches, would the City consent to 85 the first year and 27 the second
year.
* C/M Abramowitz MOVED that the contract should be amended and language
added that all political signs are prohibited, that the amount of
benches should be reduced to 112 with 75 being installed the first year
and 37 being installed the second year, SECONDED by C/M Katz.
C/M Katz clarified his SECOND to the MOTION and said the City would be
paid $5,000 for the first and second year of the contract and if the
City wanted to increase the amount of benches, the contract would be
renegotiated and Attorney Caesar agreed.
C/M Abramowitz said he accepted the amended language to his MOTION.
VOTE : ALL VOTED AYE
4. DISCUSSION AND POSSIBLE ACTION regarding a recommendation for an
audit on cable television.
J
City Council Special Meeting
5/28/92/PP
Page 4
SYNOPSIS OF ACTION :
Agen ized by Consent
TABLED for more information
Mayor Bender said he asked Mr. Kelly to prepare a recommen ation
requesting an audit regarding cable television.
* C/M Abramowitz MOVED to APPROVE, SECONDED by C/M Katz.
Ms. McDermott distributed documents (see attachments) from David M.
Griffith, Consultant. C/M Abramowitz said in his opinion, Mr. Griffith
should audit only the cable franchise fees but he would not agre to a
contract to do five audits at one time. Mayor Bender said he was only
concerned with the cable fees and the City should take it one ste -at-a
time.
Ms. McDermott said Mr. Griffith indicated the request was for a Cable
Franchise Fee Audit Cost Estimate and Phase 1 - Cursory Review would
cost $570 for six hours. She said M.A.S. already did the preliminary
review and Mr. Griffith would not duplicate this item and this would
save $1,900.
Ms. McDermott said David M. Griffith was doing the audit of all the
franchise agreements for the City of Coral Springs.
C/M Abramowitz asked what the City's total cost for an audit of the
cable franchise fees would be. Ms. McDermott answered $12,4 0, and
would include a preliminary review to see if any monies could be
recovered.
Mayor Bender asked what Phase 3 represented and Ms. McDermott responded
it was a physical audit of the books. He said he was opposed tc i Phase
3.
C/M Abramowitz asked about Phases 1 and 2 and Ms. McDermott replied
Phases 1 and 2 reviewed the Ordinance, franchise agreement information
from Continental Cablesystems and they reviewed Cont nental
Cablesystems' internal payment Policies and Procedures. She said they
also examined all municipal franchise records and did an analysis of the
City's demographics and did more research. She said when this was
completed, a preliminary report was prepared which indicated the City
would or would not recover monies.
Mayor Bender asked what the entire physical audit would cost and Ms.
McDermott answered, $31,500. He said the City should get back all
monies that they were entitled to.
Mayor Bender asked what company recently audited the City of Hollywood
and Ms. McDermott said she would find out.
C/M Abramowitz asked what the City of Coral Springs paid for the audit
and Ms. McDermott said she did not know but would find out.
* C/M Katz MOVED to TABLE for further information, SECONDED by C/M
Abramowitz.
Tape 2
Mayor Bender said he had proposals from Consultants who would 'do the
same audit for half the price.
C/M Abramowitz said the City of Hollywood received a refund of $31,000
and the City of Tamarac received $17,000 because Continental Cablesystem
determined there was a mistake.
C/M Abramowitz asked why the City was not given all the options and Ms.
McDermott said the options were given several months ago but the City
did not make a decision at that time. He said he opposed the $31,500
fee.
r
City Council Special Meeting
5/28/92/PP
Page 5
Mayor Bender said the State Attorney's Office advised some cable
companies were not paying the cities all the revenues they were due and
that cities should request an audit.
Mayor Bender said the $17,000 refund was for three years and he
suggested that the audit should go back further because Continental
Cablesystems merged with the previous cable company.
VOTE : ALL VOTED AYE
C/M Katz said the refund indicated subscriptions not revenues and the
difference could mean more of a refund and Mayor Bender agreed.
Mayor Bender said to his knowledge, no franchise agreement had ever been
audited.
Mayor Bender recessed the Special Meeting at 10:20 a.m.
The Special Meeting reconvened at 10:30 a.m. with all in attendance.
5. DISCUSSION AND POSSIBLE ACTION regarding the City Logo.
SYNOPSIS OF ACTION :
Agendized by Consent. Staff was authorized to
copyright the City Logo. After a copyright is
obtained, permission must be sought by the general
public from the City Council in order to use this Logo.
Mayor Bender said he wanted to prevent the City Logo from being abused
and it would cost $20 to have the copyright recorded. He said Council
would have the right to approve or disapprove of any requests to use the
Logo.
City Attorney Kraft said it would cost $20 to register the City Logo and
only Council could permit other people from using the Logo. C/M Katz
said an Inter -Office Memo indicated that anyone could use the City Logo
providing it was copied at their own expense. City Attorney Kraft said
the only change was after the Logo was copyrighted, the individual had
to seek permission from the Council.
C/M Abramowitz asked about the Logo being grandfathered in and City
Attorney Kraft said Council could pass a Resolution which would
retroactively allow all prior uses of the Logo.
* C/M Abramowitz MOVED that the City of Tamarac should copyright its Logo
with the provision that if permission was granted before, it would be
grandfathered in; permission has to be sought from the Council from the
day that the copyright goes into effect.
C/M Katz said permission was not required in the past and City Attorney
Kraft said once the Logo was copyrighted, permission would have to be
sought from the Council.
* C/M Katz said the MOTION should be amended that permission will be
required after copyright is obtained where no permission was required
previously. He SECONDED the MOTION.
C/M Abramowitz said he accepted the amended language to his MOTION.
VOTE : ALL VOTED AYE
3. DISCUSSION AND POSSIBLE ACTION regarding the following possible
Charter Amendments.
a. Section 4.02 - City Council Length of Terms of Office.
b. Section 4.02 - City Council Number of Terms of Office.
c. Section 4.04 .. Mayor and Council Compensation.
d. Section 4.04 - Mayor and Council Expenses.
SYNOPSIS OF ACTION :
The City Attorney will prepare Ordinances placing
City Council Special Meeting
5/28/92/PP
Page 6
the
following amendments on the September 1, 1992 ballot:
a)
Changing the length of Council terms from 2 years to 3 years.
b)
Changing the number of terms for Council from two to unlimited terms.
c)
Changing Council salary from $3,600 to $6,000 per year and Mayor's
salary from $4,800 to $7,200 per year.
d)
Expense compensation is paid in advance. Vouchers must be presented
to
the City Clerk by the end of the calendar year indicating the sou
ce of
the expenditures. The balance of money not spent can, at the opti
n of
the Council person, either be returned to the City or be includ
d as
part of his salary.
C/M Abramowitz said Council and the Charter Board had met previously
together and separately to discuss Item 3. He said the Charter
Board
suggested that Council should serve a three-year, unlimited term
of
office.
C/M Abramowitz said every year, the City had an election and it was
very
costly. He agreed with the Charter Board's suggestion and recommended
that Council should serve a three-year, unlimited term of office.
C/M Katz suggested that Council should refer to Ordinance 76-4. He said
Ordinance 76-4 adopted Section 4.02 whereby Councilmembers were elected
for a term of two years; Councilmembers from odd -numbered districts were
elected in odd -numbered years and Councilmembers from even n mbered
districts and the Mayor were elected in even -numbered years.
C/M Katz said Council should be elected for a term of three years
because in Ordinance 76-4, there were no restrictions and it limited the
term of office to two years. He said this would solve the problem.
C/M Abramowitz said Council and the Charter Board suggested that length
of term and number of terms should be separate items on the referendum.
City Attorney Kraft reiterated that the length of terms would be changed
from two to three years. He asked how the length of terms would be
affected and C/M Katz responded that there was nothing to indicate that
the terms would be affected.
City Attorney Kraft said there were revisions to the Charter aft r 1976
which limited the number of terms.
C/M Katz reiterated that Section 4.02 of Ordinance 76-4 reflected a
limitation on the number of terms and if a new Ordinance was adopted, a
candidate could run every three years instead of every two years. He
said there were no restrictions which indicated intervening years
City Attorney Kraft said the latest revision indicated that all Council -
members elected to office could not succeed themselves for more than one
term, without an intervening term. He said Council would need tolhave a
second referendum item pertaining to unlimited terms and C/M Abramowitz
said this was what Council was suggesting.
C/M Abramowitz said time was running short and a decision should be made
as soon as possible so Council would be able to review the language for
the referendums.
C/M Katz reiterated that one referendum would change the length of terms
of office from two years to three years and one referendum would change
the number of consecutive terms of office without an intervening term.
City Attorney Kraft agreed.
C/M Abramowitz said the citizens would have the choice of two options
to vote for and they could vote for both or one and not the other.
* With regard to Section 4.02(3a), C/M Abramowitz MOVED to prepare one
referendum to change the term of office from two years to three years
and one referendum to remove the two -term limit and change it to
unlimited terms.
City Council Special Meeting
5/28/92/PP
Page 7
C/M Katz said Section 4.02 would be changed to reflect:
1) changing from two years to three years;
2) changing the year from 1985 to 1993; and,
3) deleting language that Councilmembers would not be able to succeed
themselves for more than one term without an intervening term.
C/M Abramowitz said he agreed.
ility Attorney Kraft said there was a problem with language pertaining to
lections for the odd -numbered and even -numbered districts and years.
C/M Katz said this did not need to be mentioned in the referendums and
C/M Abramowitz agreed.
City Attorney Kraft said he needed information with regard to when the
three-year term would start and C/M Katz said Districts 1 and 3 would be
affected with the March, 1993 election.
C/M Katz said there were three people including the Mayor from Districts
2 and 4 serving two-year terms. He said after their terms expired, they
could run for a three-year term and this would have nothing to do with
odd -numbered or even -numbered years and C/M Abramowitz disagreed.
C'/M Abramowitz said the people elected in 1993 from Districts 1 and 3
would serve a three-year term until 1996. C/M Katz said the process
would reverse itself and the odd -numbered Districts would run in even -
numbered years and even -numbered Districts would run in odd -numbered
years.
C/M Abramowitz said the language would change but it would be the same
and the process would start if the referendums passed with the March,
1993 election.
arol Evans, City Clerk, said the present MOTION also included Section
4.02(3b) which pertained to unlimited terms.
* With regard to Section 4.02(3a), C/M Abramowitz amended his MOTION to
change the terms from two years to three -years, SECONDED by C/M Katz.
VOTE : ALL VOTED AYE
* With regard to Section 4.02(3b), C/M Abramowitz MOVED that starting in
March, 1993, there would be a change from limited terms to unlimited
terms without an intervening term, SECONDED by C/M Katz.
VOTE : ALL VOTED AYE
C/M Katz said Section 4.02(3c) reflected a proposed increase in salary
for the Mayor from $4,800 to $7,200 and Councilmembers from $3,600 to
$6,000 per year.
C/M Katz said in his opinion, Section 4.02(3d) should be how the expense
account should be handled and to consider it a separate item.
C/M Abramowitz agreed.
* With regard to Section 4.02(3c), C/M Katz MOVED that the Mayor's salary
should be increased from $4,800 to $7,200 and Council's salary should be
increased from $3,600 to $6,000 per year.
Tj 3
* C/M Abramowitz agreed with C/M Katz and SECONDED the MOTION.
C/M Katz said he spent many hours and subsidized the City funds he
received while serving the City. Mayor Bender commented that many hours
had to be spent at City Hall.
Mr. Kelly said since his date of hire, he knew of no Mayor or
Councilmember who used up all their expense account funds because it
took a great deal of time to monitor the funds. s''.
City Council Special Meeting
5/28/92/PP
Page 8
C/M Abramowitz said he wanted to do the Expense Account item first
because in his opinion, this would be construed as a salary increase and
it was more pertinent than Section 4.02(3c). C/M Katz said they should
be two separate referendums.
VOTE : ALL VOTED AYE
C/M Abramowitz said it cost many dollars to monitor the expense ar count
and he discussed this subject with V/M Schumann.
C/M Abramowitz suggested the best and easiest way was to give thelfunds
to each Councilmember. At the end of the year, any excess funds could
be given back to the City or the money could be included as salary and
the Councilmember would pay taxes on it. He asked City Attorney Kraft
to draft an Ordinance with this language.
C/M Katz read a portion of Section 4.04 and said C/M Abramo itz's
proposal would eliminate the itemized voucher to the City Manager nd
C/M Abramowitz agreed.
C/M Abramowitz said Section 4.04 gave the citizens the right to know
where Expense Account monies were spent and vouchers should be turned in
to the City Manager. C/M Katz said he agreed.
C/M Abramowitz suggested that vouchers should be given to the City
Manager once a year and if the entire amount had not been spe t, it
could be returned to the City or put into the Salary Account.
C/M Katz said he wanted to keep the language referring to money in urred
in the performance of duties as a Councilmember and C/M Abra owitz
agreed.
Mr. Kelly suggested Expense Account monies should be put in the alary
Account and C/M Abramowitz disagreed. C/M Katz said the money thould
stay in the Expense Account and taxes should be paid on the money not
spent and C/M Abramowitz agreed.
C/M Abramowitz asked if FICA and other taxes would be removed f the
money was part of the Salary Account. He said Councilmembers thould
decide where and how the excess money should be handled and that the
Expense Account should represent City business. He said vouchers should
be submitted.
City Attorney Kraft said "...upon delivery of an itemized voucher to the
City Manager" would be deleted and everything else would stay the ',same.
C/M Abramowitz disagreed and said the dollar amount would stay th{e same
but they would get it once a year and vouchers would have to be
submitted once a year when their term began. He said at that time,
Councilmembers would decide whether they wanted to keep the moneylor to
give the money back to the City and pay taxes on it.
Ms. Evans said when Councilmembers registered to run for election, a
State fee was determined based on the salary they would earn per year
and the fee would be different if a portion of the expenses was kept and
a portion was spent.
C/M Abramowitz said there would not be an encumbrance if the money was
turned in and suggested that an adjustment should be made to the State.
Ms. Evans said the fees were paid up front before the Councilmembjer was
elected. He said there would not be a problem if excess monies were
returned to the City.
Mayor Bender said the State fee was determined by the base salary and
Ms. Evans said there would be a problem if the Councilmember received
expenses without them having to turn in vouchers and salary and expenses
were combined. Mayor Bender disagreed.
Mayor Bender asked for clarification regarding the 1.5% problem and Ms.
Evans said she would contact the State Attorney General's Office and
also would request a ruling from the Election Commission.
City Council Special Meeting
5/28/92/PP
Page 9
C/M Abramowitz said if a portion of money was left over from the
previous year, the City could make up the difference between that and
the $2,000. He suggested the money should be disbursed on a monthly
basis and vouchers should be turned in to the City Manager.
Mary Blasi, Finance Director, said one alternative would be a larger
salary and expenses could be deducted with an itemized form and FICA was
of recoverable.
it
/M Abramowitz reiterated that expense money should be disbursed on a
monthly basis and at the end of the year, the Councilmember would submit
a list of expenses. He suggested if the entire $2,000 was not spent,
the balance could be returned to the City or kept and would become part
of salary and taxes would have to be paid. He said there was a problem
because the City Clerk would not know what the State fee would be.
C/M Abramowitz reiterated his suggestion of the City making up the
balance of the $2,000 if a portion was left over from the previous year.
Ms. Evans said any monies presently left over are returned to the City's
General Fund and they are given $2,000 at the beginning of their term
and Ms. Blasi agreed. He said time was running short and Mayor Bender
reiterated the request to have the City Clerk research the 1.5% problem.
Mr. Kelly said the deadline was June 3 and the first reading would be
June 10. Mayor Bender said if the City Clerk found a problem with her
research, a Special Meeting would be scheduled.
* C/M Abramowitz MOVED that the Expense Account provisions of Section 4.04
be revised and compensation is paid in advance on a monthly basis; that
vouchers must be presented at the end of the calendar year to the City
Clerk; that the vouchers must indicate that the source of the
expenditure funds; that the balance of monies not spent can either be,
Wincluded
t the option of the elected official, returned to the City or have it
as part of the salary, SECONDED by C/M Katz.
VOTE : ALL VOTED YES
Mr. Kelly said he met with representatives from Spring Lake regarding a
gate which was approved by a previous Council and BSO, the Fire
Department and the ambulance service determined there was a public
safety problem. He said the community was concerned that the gate would
be removed. He said it would be brought before the Council for their
review.
Mayor Bender ADJOURNED the Special Meeting at 11:45 a.m.
CAROL A. EVANS
City Clerk
CITY OF TAMAR.AC
APPROVED AT MEETING OF 4 �-
dm ' I
DAVID M. GRIFFITH ASSOCIATES, LTD.
16?.1 MEMOPftffM &VD., SU1TE 201, TALL VA FLOR/AA 32308 (9iO4) 386.1101 FAX (904)
FAX TRANSMITTAL SHEET
DATE:
ATTENTION:
COMPANY:
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NUMBER OF YAI
REFERENCE:
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PLEASE CONTACT: 'tZ;?A4eoCA 904.
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11
Ms. Dina M. McDermott
May 28, 1992
Page Two
1 7- rq Al
Pee., r9 c.._
The Project Team assigned to this engagement has conducted over 125 Utility
I ranchise Audits. In addition, DMG has conducted separate Revenue Enhancement
Studies for Broward County and several Cities within the County, namely: Coral Spriggs,
Miramar, Sunrise, Hallandale, and Fort Lauderdale. These studies have identified $15
million in additional annual non -tax revenue, beyond that identified by MAS's perforniHnice
of Utility Franchise Audits. Thi% combined team strength will ensure the City of the highest
possible level of return.
The Consulting Team has provided to the City it phased approach to the review and
potential audit of each Utility Franchise Agreement. This phased approach is identirtil to
that utilized in the City of Coral Springs contract and htic been developed to ensure the City
that unnecessary funds not be expended.
The retailed Work Plain associated with each phase o; the report has been provided
in Attachment A. As you will note in the following franchise Fee Audit Cost Estimate
table, each utility has been separated, along with the total hours And costs for Phases 1 & 2
of the Preliminary• Review and the Phasc 3 Comprehensive Review (detailed audit) has also
been provided with a not -to -exceed fee. Should the City at the end of Phase 2 realize that
the Potential return does not justify the Additional dollar spent, the project ciin be halted at
that time.
Also, the City will be fully informed of the potential dollars returned as A result of
the audit, prior to its commencement. In tall cases the dollars presented in this cost esti-
mate summary represent a total not -to -exceed fee and will not be adjusted unless a change
of scope of cervices by the City has been initiated.
11'
fl T of 120 iy 7- 4�
dM
Ms. Dina M. McDermott
May 28, 1992
Page Three
The following tAbles represent our best estimate as to the total not -to -exceed cost
fo i rcviE:w of the City's Cables, Electric, Solid Waste and Telephone Franchise Agreements,
It is important to note that the City of Tamarac has already realized a cost savings ( 7,900)
as a result of work already performed by the Consulting Team for the City of Coral S rinbs.
This economy of scale will continue to be reflected as this engagement unfolds.
THE CITY OF TAMARAC
CABLE, FRANC111SE FEE AUDrr wsr ESTIMATE
l"I
Cable Franchise Audit
Phase l - Cursory Review 6 $ 570 (1)
Phasc 2 - Preliminary Review 14 2Q
Total Hours & Labor 110 $10,450
PJus: Expenses
TOTAL NOT-70-EXCEED P14ASES l & 2 132 $12,450
Phase 3 - Comprehensive review 324 270540
Plus; Expenses
TOTA1. NOT TO-EXC:EE0 PHASE 3 324 $31,-W
lzrola
(]) Reduced $1,900 (20 hours) to reflect work previously performed for the. Git), of
Tamarac.
dmq
Ms. Nna M. McDermott
May 28,1992
Pagc Four
THE CITY OF TAMARAC
R FZMC FRANCI USE FEE AUDIT COST ES MATE
We. I How E=
rlcctric Franchise Fee Audit
Ph,, -So 1- Cursory Review G S 570 (1)
Phasr 2 - Prcliminary Rc%,icw la I.Q7()
Tom] Hours & Labor 132 S 12MO
Fills: Lxpenses
TOTAL NOT-30-EXCEED PHASES 1 & 2 132 $14,W
Phase 3 - C:ornprr.hensive review 299 25,415 (2)
Plus: Expenses 4l� 00
TOTAL N07-TO-EXCLIE) PHASE 3 299 $29,915
NO77'.S:
(1) Reduced $1,900 (20 hours) to reflect work Previously performed for the City of
Tamarac.
(2) Reduced approximately $7,990 (94 hours) to reflect economics of scale resultir;g
from the audit in progress for the City of COMI Springs.
[I
�• I. v i �' V I . i t 1 i l l. v. 1 1 1 d L' L . L L 1\ V .� '�".' .' J I I Q � �- _ � _ .! 1 I
dmcl
Ms. Dina M. McDermott
May 28, 1992
Page rive
THE CITY OF 'TAMARAC
WASTI: l IAULI:RS FRANCHISE. FEE AUDIT COST ESTIMATE
I
Waste Haulers franchise Ftz Audit (Hours & Fee per Agreement)
Phase 1 - C-,-ory Review 16
Phase 2 - Preliminary Revicw 22
Total l lours & Labor 48
Plus: Expenses
TOTAL NOT-TC}-EWEE PILASFS i & 2 4R
Phase 3 - Comprehensivc review
Plus: Expenses
T07'A1, NO'!'-TD-EXCEED PRAISE 3
104
104
E=
$ 12360
27LO
$ 4,080
20-0
t 4,986
$,415
too
S 10'm
�J
dmq
h1s. Dina M. McDermott
May 28, ] 992
Page Six
THE CITY OF TAMARAC
TELEPHONE FRANC! USE FEE AUDIT COST ESTIMATE
'.ice
Telephone Franchise Fee Audit
Phase I - Cursory Review
Phase: 2 - Preliminary Review
Total Hours & Labour
Plus: Expenses
7iOTAL. NOT -TO -EXCEED PHASES 1 & 2
Phase. 3 - Comprehensive review
Plus: Expenses
TOTAL NOT T -EXCEED PHASE 3
Iat) I y
0,
d $ 570 (1)
12-0 11,97Q
132 $1zW
24
132 $14,W
268 221780 (2)
U-00
268 $25,780
(J) Reduced $1,900 (20 hours) to reflect work previously performed for the: Cite of
Tamarac.
(2) Rcduced approximr,tely $7,990 (9"1 hours) to reflect economics of scale resulting
from the Hudit in progress for the City of Coral Springs.
nrCAMF T n
STUDY M 'MODOIAGY (Work Plait)
The three Phases discussed in the Study Score will be conducted as indicHted
tasks below:
Phase I - 0imry Review
'I"nsk I. Review ordinances
Letter to request ordinance and agreement
* Review ordinance
Task 2. Review franchise agreement
* Review agreemett
Task 3. Identify strengths and weaknesses of agreement and ordinance
Length of agreement
* Audit provision
* Delinquency provision
* Compare franchise fee percentage with that of other similar citi
" Revenue basis for calculating franchise fees
* TiminS of payments to City (monthly, quarterly, annually)
Phase: II - Preliminary Rcyiew
Task 1. Request data from franchise
Task 2. Review franchisCc's internal Payment Policies and procedures
Task 3. Examine existing and past municipal franchise records
Task 4. Analysis of City demographics
* Review of annexation records
Task S. Perform legislative research
" Study Current trends
* Determine current or pendins litigation
* Determine extent of historical disputes or resolutions
in the-
Task 6. Write preliminary report
Task 7. Identify opportunities to increase or enhance franchise revenues received
by the City
10
[l
0 /��, vC 0 /9
phase Ill - Gomprehemsive Audit
Task 1. Verify customer coding
Task 2. Examine of franchisee's methods and procedures used to code
franchise customers in the data base
Task :A. Review supporting documentation for each franchise payment received
by the City
Task 4. Ensure that the: franchisee has included new sources of revenue in the base
for calculating franchise fees
Task S. Quantify revenue enhancement opportunities
Task 6. Review bad dents write-off procedures
Task 7. Develop revenue projections
Task 8. Review duality of service Provided by franchisee
Task 9. Determine the 8ppiic2bility of interest due on underpayment
due on underpayment
THsk 10. Write final audit report
11
dmq
Ms. Dina M. McDermott
May 28,1992
Page Seven
If it is the City's desire to commence this engagement, the Consulting Team w
be on site within ten (10) clays after Notice -To -Proceed, with all preliminary field
completed within ninety (90) days of project initiation. The Consulting Team will apr
this project from the standpoint of maximizing efficiency, while minimizing the cost
City.
!1 can
work
reach
o the
We welcome the opportunity to work with you with this very important Proje t and
to discuss our proposal in more detail. Should you require additional information o hit%e
questions, please do not hesitate to contact nie.
Sincerely yours,
Robert E. Sheets
Vice President
RIiSa�<�f
Attachment
Cc: George White, MAS
L�
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