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HomeMy WebLinkAbout1992-05-28 - City Commission Special Meeting Minutes7525 Northwest 88 Avenue Tamarac, FL 33321-2401 •fir • • , ♦, r •�- 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: FAX NUM13ER: NUMBER OF YAI REFERENCE: FROM: TELEFAX # (904) 386--3599 TELEPHONE # (904) 386--1101 ] TRANSMITTAL NOT COMPLETE OR CLEAR, PLEASE CONTACT: 'tZ;?A4eoCA 904. W=511lrl lU'7j C 7-1-+tc-�f t-W! H 7 n 1 dmq 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� 9�