HomeMy WebLinkAbout1992-07-02 - City Commission Special Meeting MinutesCity Council Special Meeting
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CITY OF TAMARAC
CITY COUNCIL SP$CIAL MZZTING
THURSDAY, JULY 2, 1992
CALL TO ORDER: Mayor Bender called this meeting to order on
Thursday, July 2, 1992, at 4:00 p.m. in Conference Room #1 of
Tamarac City Hall, 7525 Northwest 88 Avenue, Tamarac, Florida.
Mayor H. Larry Bender
Vice Mayor Henry Schumann
Councilman Joseph Schreiber
Councilman Irving Katz
ABSENT AND EXCUSED:
Councilman Norman Abramowitz
ALSO PRESENT•
Dina McDermott, Assistant City Manager
Mitchell S. Kraft, City Attorney
Patricia Marcurio, Acting City Clerk
Karen Jackson, Secretary
1. PUBLIC PA=j!Qi,P'l= - 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. 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.
Mayor Bender OPENED and CLOSBD the Public Participation with NO
RSSPONSB.
2. MOTION TO ADQ]tT2gMR- ROSp- 96327 authorizing the
appropriate City officials to execute an agreement with David
M. Griffith and Associates, Ltd., for an audit of Continental
Cable franchise.
SYNOPSIS or ACTION; RESOLUTION R-92-123-PASSSD
APPROVED. The audit will be from January, 1973 through December,
1991 and will begin on July 20, 1992 for an amount not to exceed
$16,610.00.
Mr. Kraft read Temp. Reno. #6327 by title.
C/M Katz MOVSD to APPROV! Temp. Reno. #6327, SECONDRD by
C/M Schreiber.
C/M Schreiber asked which account the money was coming from and if
the money was from refunded fees.
Dina McDermott, Assistant City Manager, stated that Account
#001-115-513-340, Other Contractual Services has been identified
for the purpose of services by the Finance Department.
Ms. McDermott announced that on June 24, 1992, the City Council
authorized the City Manager and the City Attorney to negotiate a
contract to audit a cable provider and bring it back to Council.
Ms. McDermott stated negotiations were conducted with David M.
Griffith and Associates, Ltd. She said David M. Griffith and
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Associates had given the City a proposal in writing with several
other vendors. She said David M. Griffith and Associates had the
best price and the most reasonable proposal.
Ms. McDermott said negotiations were conducted and an agreement
had been presented for review and approval by Council. She said
the contract is not to exceed $16,610.00 to audit the Continental
Cablevision books in their entirety.
Ms. McDermott said that there is a letter included in the backup
which outlines all the specifics to be performed with Continental
Cable including a copy of the agreement from David M. Griffith and
a letter notifying Continental Cable that the audit will be
conducted beginning July 20, 1992.
Mayor Bender said that the dates covered for the audit should read
January, 1973 through December, 1991 and the backup showing
January, 1988 should be corrected, which stated the time when
American Cable first acquired the Franchise Agreement.
Mayor Bender said if a mistake occurred at any time back to 1973,
then the current company is liable for it.
Mayor Bender requested a review of all records back to 1973.
C/M Katz asked if there was a Statute of Limitations and Mayor
Bender said, no.
Mayor Bender said the City could audit anything it wants.
C/M Katz asked if the City can receive recovery.
Mayor Bender said there is no Statute of Limitations on contracts.
He said that Continental Cable by merging with American Cable
assumed all the liabilities and assets.
C/M Katz asked if money is due to the City, if there is a Statute
of Limitations for the recovery of such money, and C/M Schreiber
responded unless the City Council fails to make a demand for it
within a specific period of time.
Mr. Kraft stated that Statute of Limitations would be from the
time the debt is found up to four years.
Mayor Bender said he performed an investigation that prompted
Continental Cable Company to take another look at the revenues
they were getting on advertising. He said the cable company
assured him that advertising was included as part of the gross
revenue and the cable company inadvertently forgot to pay the City
for a number of years, for which they then later proceeded to send
a check. He said this will be an audit for conformance to make
sure that the cable company has complied with all the franchise
requirements to ensure that the City is getting its fair share.
Mayor Bender stated he was disappointed since he could not get
information from the Broward Property Appraiser's office. He said
the Broward Property Appraiser's office would have to get the
information from a year end Corporate Financial Statement which is
confidential and cannot be released.
Mayor Bender requested that the State Attorney look into it to see
if it is necessary to subpoena the records so that Council can
find out what the City is entitled to see.
C/M Schreiber asked why MAS is involved in the agreement between
David M. Griffith and the City and what the function is of MAS.
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Mayor Bender said that the contract is with David M. Griffith and
Associates and that they are using MAS to assist technologically.
He said there is no contract whatsoever with MAS.
Ms. McDermott said a letter sent to Ms. Filipiak of Continental
Cablevision explains that the cable company may be contacted by
more than one person regarding the audit and that the City is
legally responsible to notify them as to who will be contacting
them and when.
Mr. Kraft said the cable company will be put on notice of who may
be contacting them.
VOTE: ALL VOTED AYR
Ms. McDermott verbally reported from Assistant City Manager Mike
Couzzo regarding the status of the canals budget. She said if the
City has a very rainy month in July, it may be necessary to lower
the canals. She said there is only $5,000.00 left in the propane
account due to the past months' rain. She said the City Manager
may need to declare an emergency if there is a need for more
propane gas to run the generators.
Mayor Bender said there are Contingency funds available if there
is such an emergency.
With no further business, Mayor Bender ADJOURN$D this meeting
at 4:15 p.m.
H . BEND R :-
MAYOR
AROL A. EVANS
CITY CLERK
CITY OF TA M ARAC
APPROVED AT MEETING UP _5- LP -9 a-;.