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HomeMy WebLinkAbout1989-09-21 - City Commission Special Meeting Minutes7525 NORTHWEST 88TH AVENUE 0 TAMARAC, FLORIDA 33321-2401 TELEPHONE (305) 722-5900 RECORD OF COUNCIL ACTIONS/DISCUSSIONS SPECIAL MEETING OF CITY COUNCIL OF TAMARAC, FLORIDA There will be a Special Meeting of the City Council on Thursday, September 21, 1989 at 9:30 A.M. in the Eilta Council. Conference Room of City Hall, 7525 NW 88 Avenue, Tamarac, Florida. The purpose of this meeting is as follows: 1. DISCUSSION AND POSSIBLE ACTION on the Comark Settlement. FINAL ACTION: TABLED at the request of the City Attorney.TT yT�� 2. DISCUSSION AND POSSIBLE ACTION regarding the Ambulance contract. FINAL ACTION: • APPROVED the contract with Medics Ambulance for a two year period based on discussions held today with a maximum cap of 7% on the basic costs. The contract will be reviewed at the next City Council meeting. 3. DISCUSSION AND POSSIBLE ACTION regarding the Public Works/Utilities Administration Building. FINAL ACTION: Discussion was held. 4. MOTION TO ADOPT Temp. Reso. #5556 approving an Agreement between the North Cities: Coconut Creek, Lauderhill, Margate, North Lauderdale, Tamarac; and Broward County for first year recycling grant program. FINAL ACTION: TABLED. The City Council may consider and act upon such other bus- iness as may come before it. All meetings are open to the public. Purswnt to Section 286.0105, Florida Statutse It iison decides to appeal any decision made by the dty CoArwith respect to any matter considered at such meoft or hearing. he wA need a record of the proceed w and tar such purpose, he may need to ensure that a verbatim record includes thb testiniany and evidence upon which the appeal is to be based CAE/pm Carol A. Evans City Clerk AN EQUAL OPPORTUNITY EMPLOYER POLICY OF NONDISCRIMINATION ON THE BASIS OF HANDICAPPED STATUS CITY OF TAMARAC CITY COUNCIL SPECIAL MEETING THURSDAY, SEPTEMBER 2L, 1989 CALL TO ORDER: Mayor Abramowitz called this meeting to Order on Thursday, September 21, 1989 at 9:30 A.M. in Conference Room #1 (City Clerk's Office). Ll 1 PRESENT: ABSENT AND EXCUSED: ALSO PRESENT: Mayor Norman Abramowitz Vice Mayor Dr. H. Larry Bender Councilman Bruce Hoffman Councilman Henry Rohr Councilman Jack Stelzer John P. Kelly, City Manager Richard Doody, City Attorney Ken Burroughs, Finance Director Patricia Marcurio, Office Manager, City Clerk's Office Pauline Walaszek, Special Services Secretary 1. DISCUSSION AND POSSIBLE ACTION on the Comark Settlement. SYNOPSIS OF ACTION: TABLED at the request of the City Attorney. City Attorney Doody asked that this Item be Tabled because negotiations were taking place. He said he would bring the decisions back to the City Council when they were available. Mayor Abramowitz said when this matter was negotiated, it would be brought back to the City Council and the public. He asked the City Attorney to submit all of the facts to the residents and City Council when it was available. * C/M Hoffman MOVED to TABLE this Item, SECONDED by C/M Rohr. VOTE: ALL VOTED AYE 2. DISCUSSION AND POSSIBLE ACTION regarding the Ambulance contract. SYNOPSIS OF ACTION: DISCUSSION was held. APPROVED a 2 year contract with amended provisions. City Manager Kelly said during the preparation of the budget the ambulance contract was considered because the present contract would expire on September 30, 1989. He said he contacted the owner of Medics Ambulance Service and advised him of the City's financial situation. He said it was agreed that the contract would be lowered; however, there were conditions he would like the City to consider, such as an increase next year as approved by the County Commission, eliminating the transporting of Page 1 9/21/89 guests as though they were residents and interconnects from one hospital to another. He said he informed the owner that the City Council would have to discuss these matters before a final decision was made. Mayor Abramowitz asked if discussion and action was required at this time because the contract would expire on September 30, 1989 and City Manager Kelly said the contract should be renewed by October 1, 1989. Mayor Abramowitz said the Fire Union felt that there was a possibility to incorporate their own ambulance service in the Fire Department. He said the City was mandated by the County to the existing ambulance service. He said he would like to hear the Fire Union's proposal and the Fire Chief's recommendation. City Manager Kelly said he would agree to hearing the Fire Chief and Union Representative; however, the item on the agenda was to discuss the ambulance contract. Mayor Abramowitz said he would not vote on the ramifications of a contract until all of the facts were presented. He said it would behoove everyone in the City to listen to the Fire Union and Fire Chief. Rex Van Mehren, Firefighter and Fire Union Representative, said the Fire Union felt that the City and Fire Department should try to walk before they ran because this was not what was done last year. He said the City Council could give the Fire Chief direction to reactivate the application for the Licenses for the Fire Department to run their own ambulances. He said the Fire Union did not have a specific plan at this time and it would not be realistic to say that the Fire Department could begin running ambulances next month. Mr. Van Mehren said it would be feasible to set a procedure to run ambulances from the Fire Department in the future. He said the reactivation of the applications should be proposed to the County Commission. C/M Hoffman said this did not have to be done at this time because nothing would take place this year. He said he understood that the City could not receive certification until after an ambulance was purchased. Mr. Van Mehren said the owner of Medics Ambulance Service did not have ambulances when he received a license to service this area. He said there was a precedent in the County for this type of situation. Mayor Abramowitz said he was both pleased and disappointed. He said he was pleased that the Fire Union had a plan for an ambulance service which was not brought to the City Council and City Manager for review. He said he was pleased because the Fire Union was taking a prudent, sensible, legitimate attitude towards the situation. He commended Mr. Van Mehren for presenting the proposal in a sensible matter. Mayor Abramowitz said he was disappointed because he hoped that there would be a plan available to make a decision. Page 2 9/21/89 1 1 Mr. Van Mehren said there was an investigation as to what the equipment, manpower and costs would be; however, it was not that discussion that the City Council was to act upon at this time. He said the Fire Union was recommending that the license be reactivated. C/M Rohr said the only reason the City contracted with Medics Ambulance Service was because the City tried for two years to provide their own ambulance service; however, it was unsuccessful. He asked if the Fire Union would try to get certification from the County for this type of service. He asked why the Fire Union felt they would be more successful than the City. Mr. Van Mehren said the previous Fire Chief and Assistant Fire Chief tried to pursue this matter. He said there had to be lobbying done but it had to be a joint effort. He said this could be pursued together to make it occur. Mayor Abramowitz said he was very interested in the Fire Union's proposal. He said a Workshop meeting would be called next week when the Fire Chief and Union Representative were ready to submit a proposal to the City Council. He said they were to contact the City Manager and set up a Workshop meeting and the City was willing to work with the Fire Department representatives on this matter providing it was a legitimate plan. C/M Hoffman asked if the City Council should vote to authorize the Fire Union to reactivate the application for an ambulance license. Mr. Van Mehren said the City Council should give the Fire Chief direction to reactivate the application. Mayor Abramowitz asked the City Council for their expression of interest. C/M Hoffman said he would like to receive more information and Mayor Abramowitz agreed. C/M Rohr asked that information regarding the costs and service be submitted and Mayor Abramowitz said this would be submitted for the Workshop meeting. Mr. Van Mehren said there were economical and philosophical considerations. He said the existing contract required many residents to pay for a contract that few used. He said the monies generated by the ambulance service of the Fire Department could be placed back into the Fire Department or General Fund. V/M Bender asked that a report be submitted regarding the possibility of the County approving this type of service. Mayor Abramowitz suggested that the City Council inform the City Manager of their concerns so it could be relayed to the Fire Union and Chief. City Manager Kelly said the present City Council was not serving when the first fire ambulance service of the City was proposed. He said it was not proposed because the City had two vehicles and could not receive certification; however, it was proposed to provide the service to the residents. He said he opposed the proposal because of the user fee and it was unanimously Page 3 9/21/89 overruled by a split City Council. He said the terms of a contract was drafted; however, the service was not being provided because the City could not receive certification from the County. Mayor Abramowitz said he received constant criticism regarding the responsibility of the vendor to provide a portion of the collected funds to the City. He said he asked the City Manager and Fire Chief several times if the funds were monitored, who monitored it and what was occurring. He said he was constantly receiving the same answers; however, the residents could not understand why the City was not receiving a lot of money on the contract. He asked Fire Chief Ray Briant if he received these reports and Fire Chief Briant replied, yes. Mayor Abramowitz asked Fire Chief Briant if he monitored the reports and Fire Chief Briant replied, yes. Fire Chief Briant said all of the ambulance companies in Broward County had to submit a monthly run report and he submitted a copy of this report to the City Council. He said this report was reviewed and the residential runs from Tamarac were highlighted; however, there were several runs from Tamarac that were not residents. He said if Medics Ambulance Service transported every call, the amount of $141,000.00 in the contract would not be surpassed. Fire Chief Briant said during the first year of the contract, 1987, Medics Ambulance Service received $59,000.00, 1988, $103,000.00 was received and 1989, $32,000.00 was received. He said he did not believe that the company would be above $141,000.00 this year; however, the reports were being monitored. Mayor Abramowitz asked if the reports were submitted to the City Manager and Fire Chief Briant replied, yes. Mayor Abramowitz said he was tired of receiving calls stating that the City was not taking care of the matter properly. Fire Chief Briant said the monthly reports did not provide names of the people transported because of confidentiality. Mayor Abramowitz asked if Fire Chief Briant was discussing this matter with the owner of the ambulance service and Fire Chief Briant said he was discussing this matter with the owner of the ambulance service as well as the County. C/M Hoffman said the County paid for the same service that the City paid for. He asked Fire Chief Briant to explain this matter. Fire Chief Briant said the County subsidized some of the private carriers and they paid $10.00 on every 911 call. He said this was to insure prompt response and, if the ambulance service responded over 10 minutes, the County could fine the company $100.00. C/M Hoffman asked what the company would get per carry if the City relied on the County to pay the costs as opposed to paying it themselves. Page 4 1 9/21/89 F- j Fire Chief Briant said if the City did not have the contract with Medics Ambulance Service, they would still be obligated to respond to Tamarac through the County contract. He said the company, through the contract, was allowed to solicit the monies from the insurance companies that the people had. He said without the contract, the residents would be obligated to pay the costs themselves. C/M Hoffman asked what happened if a person did not pay and Fire Chief Briant said this matter would have to be decided through the Courts. Mayor Abramowitz said it disturbed him that the City was paying for a service for the residents and there was nothing but problems. He said maybe it was the City's fault for not providing the proper information. City Manager Kelly said shortly after the contract was approved an Ambulance Advisory Committee was created. He said there were several meetings of this committee; however, most of the complaints pertained to the billings. He said Medics Ambulance Service worked with the committee to alleviate some of these problems. Mayor Abramowitz said he was monitoring the response time with the County and it changed dramatically for the better within the last 1-1/2 years. He said he remembered receiving several complaints regarding these matters and the City Manager informed him that there were mistakes that were being corrected. Fire Chief Briant said he was recently receiving complaints and there was language in the contract that the residents did not understand. He said the existing contract did not address transporting guests; however, the ambulance company agreed last year to transport guests. He said the clarification of guests had to be explained because the language "house guests" pertained to out-of-state guests. He said this language did not pertain to guests from the surrounding Cities. He said this was a problem and it should be clarified in the contract. Mayor Abramowitz agreed and Fire Chief Briant said residents and guests should be clarified. City Attorney Doody said anything that the City and company agreed to should be spelled out in the contract as opposed to being verbal. He said the guest concerns could be addressed in the contract if the City Council desired. Mayor Abramowitz said the Fire Chief was closest to this matter and he suggested that the City Manager and Fire Chief review the contract and suggest the language that should be provided. City Manager Kelly said this was the purpose of having this meeting. He said the contract was to be reviewed for clarification. C/M Hoffman said he received several complaints regarding residents of Tamarac being billed for an ambulance transport from Coral Springs. He said he had to explain that the residents were taken from outside of the City. He said this should be clarified in the contract. Page 5 9 9/21/89 Fire Chief Briant said he explained the contract when he attended the condominium meetings. He said there were several people who did not understand that a 911 call provided an ambulance and paramedic. He said a doctor's request for transport was a non -emergency transport, which was not covered in the Contract. Mayor Abramowitz said the contract indicated that the ambulance must transport to the nearest hospital and Fire Chief Briant said the ambulance was to transport to the nearest facility that could maintain the injury. Fire Chief Briant said the ambulance was informed by the paramedics where to transport the person. Mayor Abramowitz said misinformation was worse than no information. He said these things had to be relayed to the residents through a public relations program. He said he would like the ambulance company to pay for the public relations program. He said he wanted a facts sheet available for the residents so there were no misconceptions. Fire Chief Briant said there were not many complaints; however, the common complaint was the difference between an emergency and non -emergency transport. Mayor Abramowitz suggested that the residents be informed of this matter in a language that they would understand. C/M Hoffman had concerns regarding the changes in the contract, such as the increase for the second year of service. He said the City Council had to determine if the City should have a one or two year contract. He said if the City Council wanted a two year contract, the company was asking for an increase based on the County He said the City Council had no idea what this increase would be because approving this type of condition was like signing a blank check. C/M Hoffman asked what was meant by eliminating the transportation of guests and how many guests were transported in the past. He said the company wanted to eliminate the second carry transport of $100.00. Mayor Abramowitz said he would like the matter regarding the house guests explained. Malcolm Cohen, President of Medics Ambulance, said the language for "house guest" was a person that lived out-of-state but was staying with a Tamarac resident. Mayor Abramowitz asked if he would be a house guest if he was from Key West and stayed with his sister in Tamarac and Mr. Cohen replied, yes. Mayor Abramowitz asked if he was a house guest if he lived in Sunrise and visited his sister in Tamarac and Mr. Cohen replied, no. Mayor Abramowitz asked if anyone outside of Broward County was considered a house guest and Mr. Cohen said anyone outside of a reasonable driving distance would be a house guest. Mayor Abramowitz said this was being ambiguous and Mr. Cohen said house guest could be described as anyone outside of Broward County. Page 6 9/21/89 Mr. Cohen said if the City Council was comfortable with the language, "outside of Broward County", he would not object. The City Council agreed to this language. Mayor Abramowitz asked for an explanation regarding the intra-hospital charge of $100.00. Mr. Cohen said on transported to the a 911 emergency call closest appropriate the patient was facility which was determined by the protocol of Broward .County. He said if a person was taken to University Hospital but the doctor wanted the patient to go to Holy Cross Hospital, an ambulance was sent to the emergency room to transport this person. C/M Hoffman said he understood that $100.00 would be the cost for a carry if the person was not admitted to the hospital but transferred to another hospital and Mr. Cohen agreed. Mayor Abramowitz asked whose request this pertained to and Mr. Cohen said at their own request. Mr. Cohen said if a person was transported to University Hospital emergency room and decided that they did not want to stay at this hospital, the ambulance was called back to the emergency room to transport the person to the hospital of their choice. Mayor Abramowitz asked if there were occasions where the hospital made the determination that the person should be at another hospital and Mr. Cohen said this would not occur because before a person was brought to the emergency room, the ambulance was in radio contact with the hospital for clearance to bring the person in. Mayor Abramowitz asked if the extra transport was on behalf of, at the request of the patient or patient's doctor and Mr. Cohen replied, yes. C/M Hoffman said the City's agreement with the ambulance service was for an emergency carry and not a second carry. He said the second carry was like a taxi service. He asked Mr. Cohen if he was willing to set a fee if $100.00 was not satisfactory. Mayor Abramowitz said he was going to propose that the charge be $50.00 as opposed to $100.00. He said the second carry was not a service that fell under the domain of the City. He said the company was entitled to some type of fee for the second transport; however, he did not want this fee to be at the discretion of the company. Mr. Cohen said the normal fee for the second transport would be a base rate of $170.00 and $5.00 per mile for a basic life support call. He said when the contract was set up the base rate was $135.00; therefore, an increase was being requested for the service. Mayor Abramowitz asked if the company received any funding for the service and Mr. Cohen said if the person had insurance, the company tried to bill their companies; however, most times medicare could not be billed because it was not a medical transport. Page 7 IM 9/21/89 TAPE 2 Mayor Abramowitz asked what the proposal was for this service and Mr. Cohen said he was requesting that this service be eliminated and the residents pay the full rate. Mayor Abramowitz said it was very easy to give but very difficult to take away. He asked that Mr. Cohen allow the provision to remain in the contract rather than aggravate the matter. Mr. Cohen proposed that the service fee be increased to $135.00 and Mayor Abramowitz asked how many cases the company had last year. Mr. Cohen said approximately 20. C/M Rohr said this type of service did not seem to be the City's responsibility, except to limit the charge. C/M Hoffman said he would like the language indicating that an intra-hospital carry was limited to people who were not admitted to the hospital. Fire Chief Briant said the contract already stipulated this provision. He said once a person was admitted to the hospital, a second carry was not available for $100.00. C/M Hoffman said there were only 20 calls per year which was not significant. Mr. Cohen said in the past, the company would end up transporting people from University Hospital to the Veterans Hospital in Miami. C/M Hoffman suggested that the service be limited to the hospitals within the district and considered emergency hospitals. Mayor Abramowitz said he did not want the provision left open because he did not want telephone calls concerning this matter. He asked if this service could be confined the same way as the house guest provision. Mr. Cohen said he did not want house guests included in the contract and Mayor Abramowitz said the City Council was aware of this. City Attorney Doody said the existing contract had provisions regarding the inter -connect and it was limited to five hospitals, those being University, Florida Medical Center, Northwest Regional, Holy Cross and North Ridge. Mr. Cohen suggested that the fee be increased for these five hospitals and the City Council agreed to a $20.00 increase. C/M Hoffman suggested that the contract indicate that any transport outside of these hospitals would be charged the normal rate and City Attorney Doody said the contract should not contain any type of provision regarding this matter. City Manager Kelly said the total cost was $1,100.00 and C/M Hoffman asked City Manager Kelly to explain this. City Manager Kelly said there were only 20 calls per year and the fee did not factor in the mileage costs. Page 8 1 1 1 9/21/89 Fire Chief Briant said $1,100.00 was a savings to the residents and not the City. The City Council agreed to the fee for inter -connect transports being $120.00. C/M Hoffman said the City Council should decide how long they wanted the contract to be. He said the Fire Union may propose a better contract. Mayor Abramowitz said the City Council should receive more information before they continued discussing how long the contract should be. C/M Hoffman asked the City Council to discuss the provision regarding the City's cost based on the County's cost. He said he did not approve of this. C/M Rohr said he did not like the idea of the City Council not having control over the contract costs. Fire Chief Briant said the rates were set by the County; however, they were lobbied by the companies. He said the language would be beneficial to the private carriers; however, the carriers lobbied the County for raises. C/M Hoffman asked what the increases have been in the past and Fire Chief Briant said the increase could be 25%. Mr. Cohen said this was for 5 years. C/M Hoffman asked if the County was providing a 5% increase per year and Mr. Cohen said it varied between the CPI Index and the level of service. Mr. Cohen proposed there be a cap on the increase to protect the City regardless of what the County rate was. Mayor Abramowitz asked if Mr. Cohen was willing to allow the City to have 30 days to withdraw from the contract and Mr. Cohen replied, no. City Attorney Doody said the contract contained a 90 day termination clause. Mayor Abramowitz said he would not sign his name to a contract that did not specify the terms of the contract. He said it was very difficult for a public official to agree to something that would not be beneficial in the future. He said he did not want the fate of his name and business judgement in the hands of any other agency including the Broward County Commission because of the recent headlines in the papers today. He said he would like a contract that was equitable and appropriate. C/M Hoffman asked Mr. Cohen what he would propose as a cap and Mr. Cohen suggested that the cap be 10%. C/M Hoffman suggested that the cap be 7% and Mr. Cohen said as a business person, he wanted to get his return investment on a long term basis. Mr. Cohen said if he could get a two year contract, he would lock in certain fees. He said his proposal was to assist the City with its financial problems by reducing the rate and, if a two year contract could be signed, it would provide for the costs of new expenses and he would be willing to place a cap on the costs. Page 9 9/21/89 Mr. Cohen said he would like a 10% cap; however, he would agree to a 7% cap if it was necessary for a two year contract. Mayor Abramowitz said if another alternative came up which was better for the City, the City Council would want to use the better alternative. He said he felt that Mr. Cohen's proposal was an equitable arrangement; however, he did not want to lock himself into anything that may not be feasible in the future. Mayor Abramowitz asked if there was a ninety day cancellation clause in the contract and City Attorney Doody said the contract provided a ninety day cancellation for both parties. C/M Hoffman suggested that the City Council approve the increase of the County Commission for 1990 not to exceed a 7% increase. V/M Bender said he approved of a 7% cap; however, he did not want the matter tied in with the County Commission. Mayor Abramowitz said the City was tied in with the County regardless of what was preferred. C/M Hoffman asked if V/M Bender was comfortable in allowing a 7% increase when the County did not provide an increase. Mayor Abramowitz asked what V/M Bender would use as a barometer and V/M Bender said he was not pleased with the 7% cap. He said within a 5 year period, the costs were increased by 25%. Fire Chief Briant said the total bill would have to be reviewed because the response rate may be increased by $10.00; however, the mileage may be increased by 20%, etc. He said the average of the total bill should be reviewed to see what the increase would be. C/M Hoffman said the proposed contract would be $100,000.00 per year regardless of an increase; however, if the costs increased by 7%, the total cost of the contract would be $107,000.00. Fire Chief Briant said the County may propose a rate increase for the basic response of 5%; however, there may be a rate increase of 8% for something else. Mayor Abramowitz said the City could not pick up the total costs. He said the contract was for $100,000.00 and the most the cost could increase next year was 7%. C/M Rohr said Fire Chief Briant was indicating that the County would increase a rate by 5% but add other costs. He said the contract should be approved on the basic rate structure. City Attorney Doody said the only concern the City would have regarding the increase was the basic rate and not the total costs. Mr. Van Mehren said the City may not be doing the proper thing by approving a two year contract because there was consideration regarding the Fire Department providing this service. He said the contract had a cancellation Page 10 9/21/89 clause; however, the City Council were very good at negotiating and they could do as well next year in negotiating a contract as opposed to approving a two year contract at this time. Mayor Abramowitz said he understood Mr. Van Mehren's concern; however, the City Attorney informed the City Council of the cancellation terms and its legitimacy. He said if the Fire Union came to the City Council tomorrow and presented a proposal to the City Council that was acceptable, the City Council would call the City Attorney to direct him to call the ambulance service and give the ninety day cancellation notice. Mayor Abramowitz said Mr. Cohen behaved like a businessman and has been very reasonable; therefore, he would like the City to do the best they can. C/M Hoffman said if the Fire Union came to the City Council tomorrow, the service could not be provided in two years and Mr. Van Mehren said this could not happen within one year. Fire Chief Briant said Page 2 of the present contract addressed Baker Act patients. He said there was language referring to the Tamarac Police Department and he recommended that all of the Baker Act language be eliminated from the contract because it was a cost for the City. He said the Police Department was under the Baker Act; however, there was no more Tamarac Police Department. He said this responsibility was now that of the Rroward Sheriff's Department who had a specialized unit for this need. Mayor Abramowitz asked if there would be any circumstances where someone else, other than the Broward Office, would perform the Baker Act procedure and Fire Chief Briant replied, no, because it took a sworn Police Officer to perform this duty. The City Council agreed to this amendment and City Attorney Doody said he would delete any provisions in the contract that referred to the Baker Act. Mayor Abramowitz asked the Fire Chief and City Manager to review the contract and clarify those items that needed to be understood clearly by the residents. Mayor Abramowitz opened the meeting to public comment. Nathan Peretzman, Resident, asked if the Firefighters would be identified as paramedics if they were certified to have an ambulance service and Mr. Van Mehren said the Firefighters would be identified as an Emergency Medical Technician/Transporter. Mr. Peretzman said the Firefighters would not have a chance to provide this service and Mayor Abramowitz said when a workshop meeting was called, the ideas could be discussed. He asked that Mr. Peretzman discuss the Item on the Agenda. Mr. Peretzman said he was not against the transportation of residents to hospitals if the contract was fair and equal. He said the old contract was not appropriate because it was not fair or equal for the residents or the City. He said the financial formula was on behalf of Page 11 it 9/21/89 Medics Ambulance Service and he felt the contract was setup so that the City would never exceed the $141,000.00 threshold figure. He said the City would never make money on this contract. Mr. Peretzman asked why 20% was due from the patient and Mr. Cohen said the company did not accept 20%. Mr. Cohen said the contract was created for this purpose and he suggested that Mr. Peretzman should know what he was talking about before he made statements. Mr. Peretzman said there were two figures used in correspondence and, in a letter dated December 3, 1987, Mr. Cohen quoted that there were over 1,200 calls. He said there was a recent newspaper article that quoted Fire Chief Briant when corresponding to the City Manager on September 26, 1988, which stated "Mr. Cohen transported an average of 1,572 patients". He said using these figures times $75.00 proved that the company would never exceed the $140,000.00 limit. Mr. Peretzman said he was introducing the mechanics of the operation of the company and Mayor Abramowitz said he did not want to stop Mr. Peretzman from speaking; however, there were other people from the public who wanted to speak, employees that had to go back to work and there were other items on the agenda that had to be discussed. Mayor Abramowitz asked if Mr. Peretzman wanted the City to do away with the ambulance contract and Mr. Peretzman said he stated that he was not against the transportation of residents providing the contract was fair and equal. C/M Hoffman asked if it would be equal if the contract provided for all the calls as opposed to 911 emergency caiLs. He said he knew of Mr. Peretzman's concern, which was the transport of patients that were not emergency calls. Mr. Peretzman said he objected to the one-sided financial formula which favored Medics Ambulance Service and Mayor Abramowitz said Mr. Peretzman's statements were recorded and thanked him for sharing them. Mayor Abramowitz said he would make sure that Mr. Peretzman was contacted when the workshop meetings were called on this matter. C/M Hoffman said it should be understood that everyone transported did not have to be on Medicare or carry insurance. He said there were several transports made for these people and the ambulance company only collected the fee from the City as opposed to pursing the residents for additional funds. Mr. Cohen agreed. Mayor Abramowitz said everyone was aware of Mr. Peretzman's circumstances; however, if the City was to allow this, Mr. Cohen would walk away from the City or it would cost the City approximately $600,000.00 to provide the services. Carl Alper, Resident, said he was pleased with how the meeting was proceeding; however, he asked what would happen if the City did not renew the contract with Medics Ambulance Service by October 1, 1989. Page 12 9/21/89 C/M Hoffman said Mr. Cohen would service the City; however, the patients would be billed for the entire costs. Mayor Abramowitz said Mr. Cohen would not have to follow the existing contract and could charge.whatever the costs were. C/M Hoffman said Mr. Cohen would work under the County rules. Mr. Alper asked if the County would supply a service and C/M Hoffman said the County required that the ambulance company pick people up; however, Mr. Cohen must collect from the patient. Mayor Abramowitz said when the ambulance contract was first implemented, there were several complaints regarding the residents being charged for the services because of complications in collecting from the insurance carriers. He said this problem no longer existed because Mr. Cohen received several complaints regarding this matter. Mr. Alper said in the past, the City was not able to get certification to operate their own ambulance service until ambulances were purchased; however, the City purchased ambulances and was not able to receive certification. He asked that the County inform the City of this matter in writing. Mayor Abramowitz said this matter would be discussed at the workshop meeting. He said he was very pleased to receive a proposal from the Fire Department at the previous budget public hearing. He said when further information was available from the Fire Union, a workshop meeting would be called. C/M Hoffman said having an ambulance service required a permit to operate certified vehicles. He said vehicles could not be certified until after they were purchased. He said a vehicle was never certified by the County until it was owned by the ambulance company that was franchised for this District. Mr. Van Mehren said this was not entirely correct. He said the State certified the vehicles; however, the company provided the permit to operate. He said the ambulances previously owned by the City were certified by the State; however, the County did not certify the City to operate the ambulances. Mr. Alper asked if the City was aware of what other Counties charged for an ambulance service and Mayor Abramowitz said the Fire Union indicated at the budget public hearing that the political climate changed in the City and County. Mayor Abramowitz said he understood what this meant and there may be an opportunity to make changes. He said he would have been very pleased if a comprehensive plan was submitted to the City Council at that time. He said he was very hopeful that the Fire Department could provide this type of service. He said the Fire Department has been trying to get the City to allow them to do more; however, the procedures had to be thought out intelligently. He said the Fire Department was investigating this matter and the City would give them Page 13 a 9/21/89 the fullest cooperation. He said the City could not be concerned about the other Counties but what was the City of Tamarac's next move, which was going to the County Commission. C/M Hoffman said the residents did not understand or appreciate what the City was doing for them. He said there was a recent proposal submitted to the City of Deerfield Beach, which consisted of selling an insurance policy to their residents at $50.00 per year to provide a service that the City of Tamarac was providing to the residents at approximately $.08 per year in taxes. He the residents should be thankful for this service as opposed to criticizing the City. Mr. Alper said he approved of the Fire Department's proposal and the City providing police, fire and ambulance services in the best possible way. C/M Hoffman said several years ago there was no thought of providing free ambulance service by the Fire Department. He said the service would have cost the residents. Mr. Alper asked what was meant by "admitted to the hospital" and Mr. Cohen said this meant that a patient was released from the emergency room and placed into a bed at a hospital. Melanie Reynolds, Resident, said Mr. Cohen recently noted on a bill to a patient that there would be no guests or HMO accepted. Mr. Cohen said this would not pertain to Tamarac residents and Mrs. Reynolds disagreed. Mr. Cohen said he would like to review the bill before he could answer this concern. Mayor Abramowitz asked Mrs. Reynolds to contact the person who received this bill and submit a copy of the bill to the City Council. Fire Chief Briant said there were mistakes made and this matter may have pertained to a non -emergency transport that was billed which did not accept the assignment of Medicare or HMO. He said if there was an emergency transport, a bill was not submitted to the patient. Mayor Abramowitz asked Mrs. Reynolds if the transport was an emergency and Mrs. Reynolds said she did not know. Mayor Abramowitz suggested that Mrs. Reynolds ask this person to submit a copy of the bill. Stan Bernard, Resident, asked if people on HMO were considered as free transports and Mr. Cohen replied, yes. Mr. Bernard said Medicare patients were not being billed. Mr. Cohen said on a 911 emergency call the company billed the insurance available. He said the City's contract did not pertain to non -emergency calls. Mayor Abramowitz closed the public comment. * C/M Hoffman MOVED to APPROVE the contract for two years * based on the discussion today with a maximum cap of 7% * for the second year. Page 14 9/21/89 Mayor Abramowitz asked if City Attorney Doody understood the Motion. City Attorney Doody said he would like to bring the amended contract back to the City Council at the September 27, 1989 City Council meeting. C/M Hoffman AMENDED his Motion to PROCEED with the contract on the basis of discussion today and REVIEW the contract at the next City Council meeting, SECONDED by C/M Rohr. VOTE: ALL VOTED AYE Mr. Peretzman asked how this Motion could be made if there was going to be another workshop meeting held and Mayor Abramowitz said the workshop meeting would be held on the Fire Union's proposal regarding the City's Fire Department operating their own ambulance service. At this time, Mayor Abramowitz RECESSED the meeting and RECONVENED with ALL PRESENT. 3. DISCUSSION AND POSSIBLE ACTION regarding the Public Works Utlities Ad— m nistration Building. SYNOPSIS OF ACTION: DISCUSSION took place. 1 fl Mayor Abramowitz announced that Mike Couzzo, Director of Public Works/Parks and Recreation Department and, Bob Foy, Director of Utilities/Engineering Department were present. Mr. Couzzo introduced Gary Kuhl, Representative of Scharf & Associates, Inc., Architects. City Manager Kelly said this facility was proposed to be built on Land Section 7. He said there was a referendum approving the construction of this facility providing that the existing Pubic Works property was sold. He said the funds were to be used for the new facility but not to exceed 1.9 million dollars towards the Public Works Department costs. He said the facility would be shared with the Utilities/Engineering Department and the funds were available. City Manager Kelly said the City had to determine what would be done with the funds from the sale of the Public Works Department, which was recently in the bank earning interest. He said a determination had to be made when the facility would begin; however, there was an environmental concern which would jeopardize the existing Public Works property and its sale. He said the buyer of the property had the opportunity to not buy the property; therefore, the City could not use this money for the new facility until the sale of the existing Public Works property was secure. City Manager Kelly said the City sent notification to the buyer advising him that the City had 270 days to vacate the property. He said the sooner the Public Works Department left the property, the sooner the property could be secured from the possibility of contamination. He said environmental engineers reviewed the property and reported that the property was not contaminated; however, various restraints were recommended to protect the Page 15 9/21/89 TAPE 3 property and wellfields in the area. He said the City was reasonably sure they could provide the restraints; however, this did not mean that the City could guarantee it unless the property was vacated. City Manager Kelly said the City Council was being asked to decide what should be done. He said the City Council discussed the possibility of using the old City Hall building locating the Fleet Maintenance Department elsewhere. He said this matter was reviewed and recommendations were submitted to the City Council. Mayor Abramowitz said the City Council stated that they would use the funds from the sale of the existing Public Works facility with the possibility that the sale would not be completed. He said there was nothing wrong at this time; however, things could change in the County and State; therefore, the City Council directed staff to review what was available in terms of the City's interest. Mr. Couzzo said staff reviewed what alternates were available and there were five proposed to the City Council which staff felt were the best alternates. He said the buyer of the property was notified of the City's intent to vacate the existing Public Works property within 270 days. He said the City would have to handle all environmental reviews of the property and demolish the existing structures before it was vacated. C/M Hoffman said he would like a report regarding the costs on the alternatives. Mr. Couzzo said to build the facility on Land Section 7 as originally designed by the Architects would cost approximately 3.4 million dollars. He said the Public Works Department would be required to pay 1.9 million and the Utilities/Engineering Department would pay 2.4 million dollars. City Manager Kelly said the cost factor was not the total concern. He said the project at Land Section 7 would take 16 months. Mr. Couzzo said the second proposal was a phasing of the first proposal. He said different portions of the projects could be constructed at various times; however, on a long term basis it would cost more because of inflation and construction costs. Mr. Couzzo said proposal three was to relocate the existing fleet maintenance building and equipment to Land Section 7. He said this proposal would allow the salvage of the structural steel pieces and lifts from the existing fleet maintenance facility and reconstruct them at Land Section 7. Mayor Abramowitz asked if the maintenance would be done by this facility and Mr. Couzzo said all of the Public Works maintenance would be done. Mayor Abramowitz asked if fleet maintenance handled all of the maintenance in the City and Mr. Couzzo replied, yes. C/M Hoffman asked what this would cost and Mr. Couzzo said the final costs were not determined at this time because an accurate assessment of the costs was needed. C/M Hoffman asked if an estimate could be given. Page 16 1 1 1 9/21/89 Gary Kuhl, Architect, said he could not quote a cost at this time because it may not be accurate. He said by salvaging the structural frame there may be approximately $100,000.00 in savings on the new structure. He said the new building was designed to be larger; therefore, there would be a savings by reducing the size. He said since the existing building did not have adequate administrative space there was concern about adding additional space. Mayor Abramowitz asked if the contamination factor on the existing property would be reduced by relocating the Fleet Maintenance Department and if the property could be cleaned up immediately. Mr. Couzzo said he was not sure what the contamination was from. He said there were indications from the environmental audit that some contamination existed, which was in the gas tank area; however, there was no indication of leakage. Mayor Abramowitz asked if the contamination factor would be decreased if the administration only was located on the existing Public Works property and Mr. Couzzo replied, yes, if the fuel storage tanks were closed. Mayor Abramowitz asked if this proposal did not include moving the fuel storage tanks to Land Section 7 and Mr. Couzzo replied, yes. Mr. Couzzo said proposal four was as proposal three with the addition of a second story loft for administrative offices. He said this proposal would allow the administration from the existing facility to be housed in a loft at Land Section 7. .--'amowitz asked if this would be temporary or permanent and Mr. Couzzo said it could be either. C/M Hoffman asked if a cost factor could be provided and Mr. Couzzo said a cost factor could be given after a decision was made as to what the City Council wanted done. Mayor Abramowitz said these proposals did not address the Utilities/Engineering Department and Mr. Couzzo agreed. Mr. Couzzo said the fifth proposal was to relocate the entire Public works Department to the old City Hall site. C/M Hoffman asked if the structure from the existing fleet maintenance building would be moved to the old City Hall site and Mr. Couzzo said this was possible. Mr. Couzzo said modifying the existing structure to accommodate the fleet maintenance operations could be reviewed. C/M Hoffman asked if a cost was determined on this matter and Mr. Kuhl replied, no. Mayor Abramowitz said the City Council discussed doing proposal 3 or 4 and relocating the structures as well as the relocation of the Utilities/Engineering Department. Mr. Couzzo said this would be another alternative to pursue and Mayor Abramowitz asked why this alternative Page 17 9/21/89 was not reviewed. Mr. Couzzo said the five proposals were created prior to the discussions with the Utilities Department. C/M Hoffman said when discussions began on this matter a suggestion was made to relocate the Public Works and Utilities/Engineering Departments to the old City Hall site. He said the City Council was supposed to receive costs on this matter. He said this was his main concern at this time. City Manager Kelly said the option of moving to the old City Hall site was suggested and he did not like this option based on discussions of the fleet maintenance operations not being able to be located there because fuel pumps located on that property near the canal would not be approved. He said the administration operations could be located there; therefore, the entire public works operations could not be located there. C/M Hoffman asked if the City inquired as to the possibility of locating gas tanks on the property. He said the Shell gas station was not located far from the canals. City Manager Kelly said the Shell station was further away; however, this matter was not pursued and C/M Hoffman suggested that it be pursued. City Manager Kelly said he was also considering the sale of the property. He said there were bids out on the property and C/M Hoffman said there was nothing indicated in the proposals on this matter, which was a prime consideration. --ramowi tz said he was informed that moving to the old City Hall site would involve the environmental considerations and refurbished construction of the building as a temporary building. He said the City was bound to combine the Utilities/Engineering and Public Works Administrative Departments. C/M Hoffman said the old City Hall building was large enough to accommodate both the Utilities/Engineering and Public Works Administrative operations. Mayor Abramowitz said he asked the Utilities/Engineering Director if he was comfortable separating the Administrative and Fleet Maintenance operations. He said he was informed that he would not be comfortable. C/M Hoffman asked why it was necessary to have these operations in two different places. He said it was not known if the fleet maintenance operations could not be on the old City Hall site. Mayor Abramowitz said this matter would be investigated and C/M Hoffman said he would like to know what offers were made for the old City Hall site. Mayor Abramowitz said there was an involved cash and C/M Hoffman said offers. Mayor Abramowitz said this because Mr. Couzzo recently took an tour of the facility. offer made which there were no other was not correct interested party on a 1 1 I Page 18 9/21/89 C/M Hoffman asked if an offer was made and Mr. Couzzo said not at this specific time; however, the sale was advertised in the newspaper at this time. Mayor Abramowitz said his concern was to vacate the existing Public Works property. He said nothing could be done until this vacation took place because the 1.9 million dollars could not be used until the sale was complete. Mayor Abramowitz said the fleet maintenance operations could be dismantled and moved. He said the Public Works and Utilities/Engineering operations had to be located properly in order for it to function appropriately. He said he was against building a new facility for 1.9 million dollars; however, he would like a functional building to provide for the operations. V/M Bender suggested that the City investigate the possibility of utilizing another facility that was owned by someone else, such as the gas station. C/M Hoffman said the City had to be off of the existing Public Works facility within 9 months. Mayor Abramowitz said the City did not have to vacate if it was not possible. C/M Hoffman said it seemed most feasible to relocate as proposal five recommended. He said the costs, etc., had to be provided so that a final determination could be made. Mayor Abramowitz said he did not feel that proposal five was appropriate; however, unless there were costs available for the proposals, a decision could not be made. He said he would like the City Council to know what the costs may be for the projects; however, they understood that approximate costs were not etched in stone. He said he did not care where the facilities were located; however, he would like them located in a place that would not detain the operations and cost the City a lot of money. Bob Foy, Director of Utilities/Engineering, said the Utilities/Engineering Department was presently in a temporary facility. He said permanent facilities were needed; however, the Department was operating appropriately where they were located. He suggested that funds not be spent for another temporary facility when the existing facility was suitable. Mayor Abramowitz said the moves being discussed at this time would be permanent with the exception of the administrative offices. C/M Rohr said he did not agree with the old City Hall site becoming a permanent site for the Public Works Department. He said the site would be valuable in the future and the Public Works and Utilities/Engineering facilities should be located at Land Section 7. C/M Hoffman said he agreed with this; however, the costs were not available. He said he would like to know the costs for proposal five as well. Mayor Abramowitz said he was not interested in temporary moves. He said he would like the moves to Land Section 7 to be permanent; however, the only thing not being moved Page 19 9/21/89 into Land Section 7 at this time was the administrative offices. He said he did not feel that moving the operations to the old City Hall site was appropriate; however, more information was needed. Mayor Abramowitz said the City Council needed a basis of comparison and he asked Mr. Foy if the fleet maintenance operations for the Utilities/Engineering Department would be appropriate as a permanent facility on Land Section 7. Mr. Foy said if the facility would be permanent, he would not object; however, he viewed the move as being temporary. Mayor Abramowitz said he did not have this location in mind as temporary; however, the City Council could not make a decision without having the facts. Mr. Couzzo said he wanted the City Council to have a narrowed alternative to minimize the amount of time and funding needed for investigating. He said staff was aware of what the City Council wanted at this time. V/M Sender said he was concerned with selling the old City Hall site. He said he did not want to give this property away for a lesser price. Mr. Kuhl asked if City Manager Kelly knew the acreage of the old City Hall site and City Manager Kelly replied, 2-3/4 acres. Mr. Kuhl said physically, there would be no way to relocate the proposed facility to that site because the land was not available. C/M Hoffman asked how much acreage there was at the existing Public Works facility and Mr. Kuhl said the Utilities operations was not on that property. Mr. Kuhl said the Utilities would eventually have to relocate; therefore, the possibility of placing Utilities on the site was precluded. Mayor Abramowitz said it was the opinion of the Utilities/Engineering Director that he would be forced in the near future by regulatory agencies to move the TUE facility. Mayor Abramowitz said this property was almost as large as the old City Hall site. Mr. Foy said the TUE building was approximately 16 by 40 and C/M Hoffman asked how the City Council could make a determination until all of the facts were available. Mr. Couzzo asked if the City Council wanted costs for proposals four a) and b) and five. Mayor Abramowitz said the City Council wanted the mechanical needs of both Departments addressed because the administration offices could be addressed at another time. Mr. Kuhl said if there was going to be a modification cost for the existing development for Land Section 7. He said there may be a facility built for $500,000.00 but the development costs could be one million dollars. Page 20 1 1 9/21/89 1 1 I Mayor Abramowitz asked the City Manager to submit a report to the City Council regarding the property on Land Section 7. At this time, Mayor Abramowitz RECESSED the meeting and RECONVENED at 2:00 P.M. with ALL PRESENT. 4. MOTION TO ADOPT Temp. Reso. #5556 approving an Agreement, between the North C ties: Coconut Creek, Lauderhill, Margate, North Lauderdale, Tamarac; and Broward County for first year recycling grant program. SYNOPSIS OF ACTION: TABLED. City Attorney Doody read Temp. Reso. #5556 by title. City Manager Kelly said in order to get involved in the recycling program there were three different agreements that would have to be executed. He said he was informed yesterday that this proposal was the most urgent of the three because it provided that the five Cities as a group much sign this document in order to receive the grant funding. City Manager Kelly said there would be a separate agreement with Waste Management, Inc., and an agreement to be a group. He said this proposal was stating that as a member of a group they approved the granting of the funding. He said the City Attorney felt that this document would obligate the City; however, he and Mayor Abramowitz were assured yesterday that this proposal would not lock them into a recycling agreement. City Manager Kelly said several of the Manager's received the same information told to himself and Mayor Abramowitz. He said the Attorney for the County was contacted; however, he would not be available for two days. He said the City Attorney was not comfortable in making a decision on this matter until the County Attorney was available to discuss this matter. Mayor Abramowitz asked if the City Council could pass this document subject to the City Attorney's approval. He said he was told three times yesterday that the City would not be obligated. City Attorney Doody asked who informed him of this and Mayor Abramowitz replied every City Manager present. City Attorney Doody said he read the agreement and he had his own opinion regarding the document. He said he would briefly inform the City Council about the document. City Attorney Doody said there was a section which indicated, "scope of services. City agrees to provide and implement the following eligible grant projects (herein collectively referred to as "project") the Northwest Broward Recycling Program. Such project was more specifically described set forth in Exhibit A." City Attorney Doody said Exhibit A listed responsibilities which comprised what the Cities had to do. He said the City Manager indicated that the Cities did not agree among themselves in writing what their different responsibilities would be. He said without Page 21 9/21/89 this agreement, he read this agreement to state that each City was individually responsible to take care of what was in Exhibit A. He said there seemed to be a page missing. City Manager Kelly said until an interlocal agreement was signed with the Cities, there was no entity known as "City" as defined in this agreement. City Attorney Doody said if the City signed this agreement today and an interlocal agreement was not approved, this agreement would remain. He said the City would be responsible as an individual because the other agreement was never implemented. City Attorney Doody said there was another provision regarding liability. He said it stated, "Not withstanding above, the City shall not be relieved of any liability to the County for damages sustained by County by virtue of any breech of this agreement by City." He said if the City signed this and decided not to continue with the program there was a possibility that the City would be liable for any damages to the City. City Attorney Doody said he felt the agreement was drafted to enter into a recycling program and if the City signed this was what they were essentially agreeing to do. Mayor Abramowitz said the reason this item was placed on the agenda was because the five Cities received a grant of $177,000.00 this year and $187,000.00 for next year. He said the grant was to be signed several months ago; however, two Cities were not agreeing with the proposed program and one of those Cities was Tamarac. He .said he was informed that if this agreement was not signed, Tamarac could not be part of the program. Mayor Abramowitz said he would argue and lobby for the City not to sign the agreement if the City Council would be exposing themselves if they were to pass this agreement. City Attorney Doody said this was not appropriate because words could not be relayed to the County indicating that the City signed the document so that the grant could be submitted. City Manager Kelly said even though he did not agree with the City Attorney's position on this matter, he would not feel comfortable with approving the agreement stipulated upon the City Attorney's approval. Mayor Abramowitz said he was informed that if this document was not approved by the City Council today, Tamarac would not be included in the program. He said he was not arguing with the City Attorney and he did not approve of the existing contract for the program. He said he expressed several concerns to Waste Management, Inc., yesterday. He said if the City Attorney felt that the City would be obligated to be part of the program by signing this agreement, he would not approve signing it. C/M Hoffman asked if the City Council could pass Section 1 and change Section 2 to read that the Resolution would become effective upon further consideration of the City Council. He asked if this would qualify the Cities for the grants. He said the Resolution seemed to state that Page 22 9/21/89 the City Council was authorizing the officials to execute an agreement. He said it seemed that the City would be committing themselves to the program if they approved this agreement. TAPE 4 City Attorney Doody said the City Council could execute the agreement and evoke the termination clause if they were not pleased with it. He said there was a provision in the agreement as to the liability; however, he did not know what the liability would be. Mayor Abramowitz said a provision in the program stated that the other Cities could hold Tamarac liable if they withdrew from the program. V/M Bender said the City would receive 1/5 of the grant funds, which was approximately $35,000.00. He asked if the City would be in compliance with the County's program if they did not approve this agreement. City Attorney Doody said there was a provision in the contract which stated that the Cities had to spend their funds for the program which would be reimbursed to them with the grant funds. He said there was an expenditure expected by the City in the amount of $50,000.00. City Attorney Doody suggested that the meeting be adjourned for approximately one hour so that more information could be obtained. He said if the Cities executed their agreements, they would have to be modified with language accepted by this City Council and the other CitiPc'. Mayor Abramowitz asked if City Attorney Doody would call Mayor Ilene Lieberman of Lauderhill, regarding this contract because she reviewed the contract extensively anu recently passed her bar examination. City Attorney Doody said he felt the agreement was straight forward and Mayor Abramowitz asked if the City Attorney felt that once the document was signed the City would be obligated. City Attorney Doody said the agreement seemed to be drafted for this reason. Mayor Abramowitz asked the City Manager for his recommendation. City Manager Kelly said he did not agree with the City Attorney's opinion and C/M Rohr asked why he felt differently. Mayor Abramowitz said he and City Manager Kelly were informed differently yesterday by five other City Manager's. City Attorney Doody said assuming there was a breech of contract caused by Tamarac, he asked if the Cities would take the position that they were equally responsible to the County for Tamarac's actions and Mayor Abramowitz replied, no. Mayor Abramowitz asked if the City Council would be exposing the City if they approved the agreement and City Attorney Doody said today was the deadline for the grant. Mayor Abramowitz said the submission of the grant and Tamarac's involvement with the other Cities was based on this agreement being passed by the City Council at this Page 23 9/21/89 time. He said according to the other Cities, they had the chance of losing the grant if Tamarac did not act on this item today. He said this was the other Cities' responsibility and the City Council's responsibility was to the City of Tamarac. City Attorney Doody said he was informing the City Council how he interpreted the contract. He said the contract seemed to be drafted by Broward County with the idea that there would be five Cities in the north that would be part of a program and grant monies would be provided for the expenditures they incurred for the program. He said Exhibit A of the contract outlined what the responsibilities were for the Cities to qualify for the grant. Mayor Abramowitz asked if the City Council could approve the document stipulated upon the City Attorney's final opinion and City Attorney Doody said he would not recommend this course of action. C/M Rohr asked why the City Council should approve something that would have to be brought back to the City Council for final action. Mayor Abramowitz said if the City Attorney came to the City Council On Monday indicating that he was incorrect about his opinion there had to be an emergency meeting called. He said he did not approve of the agreement between the Cities and Waste Management, Inc. City Attorney Doody said the politics of this issue were for the City Council to decide. He said the City Council hired him to inform them of his opinions. He said he read the agreement and it seemed to be clear. He said if �'•: �Council adopted a Resolution that authorized the Mayor to execute on behalf of the City, an agreement was entered into. He said if the City Council voted to approve this Resolution, they were obligated to follow what was in the agreement. C/M Rohr asked if the Resolution was connected with the agreement with Waste Management, Inc., and the Other Cities. City Attorney Doody said he has not reviewed the agreement between Waste Management, Inc., and the other Cities; however, it was not referenced in this agreement under discussion. C/M Rohr asked if the City would lose their independent ability to refuse the agreement between the Cities and Waste Management, Inc., if they approved the agreement under consideration. City Attorney Doody said he could not answer this question because he has not reviewed the agreement between Waste Management, Inc., and the Cities. C/M Hoffman asked if the agreement under consideration obligated Tamarac to go along with the other Cities and City Attorney Doody said he believed that it did. City Attorney Doody said an interlocal agreement could be drafted limiting Tamarac's responsibility to this agreement; however, an interlocal agreement did not exist. 1 1 1 Page 24 9/21/89 1� V/M Bender said he reviewed the agreement several times and it obligated the City to comply with the provisions if they signed it. He said it stated that if anything occurred and Tamarac was a decedent to the action, Tamarac would be liable. He said he did not approve of the provisions in the agreement and he would not approve of its passage. Mayor Abramowitz asked if the City Council wanted to table this item until the City Attorney investigated the matter further and C/M Hoffman said he would be voting to table the item or reject it. Mayor Abramowitz said he thought that positive action could be taken and the agreement could be held until clarification was received; however, the City Attorney was not comfortable with this action. City Attorney Doody said the City could enter into the agreement and terminate at a later date because there was a termination cost. C/M Hoffman said if the other Cities had clout with the County, they may be able to get an extension on the grant monies. City Attorney Doody suggested that the City Council schedule a meeting at a time certain for next week to show the County and other Cities that action was anticipated on this item. C/M Hoffman suggested that this item be heard at the September 27, 1989 meeting and Mayor Abramowitz said he would prefer a special meeting on Monday, September 25, 1989. C/M Hoffman said he would prefer a written opinion as to the City's liabilities and City Attorney Doody said he could not guarantee that his opinion would change. Mayor Abramowitz said if City Attorney Doody's opinion did not change, neither would his. Mayor Abramowitz said if this matter was a business decision, he would not be consulting the City Attorney; however, it was a legal opinion and he respected City Attorney Doody's opinion. V/M Bender MOVED to TABLE this item until September 25, 1989 at 2:00 P.M. Mayor Abramowitz said if there was a possibility that this matter could be handled before this, the meeting should be held sooner. C/M Hoffman had concerns about bringing the item back earlier than was specified as a time certain. V/M Bender MOVED to TABLE this item, SECONDED by C/M Rohr. VOTE: ALL VOTED AYE C/M Rohr asked the City Attorney to investigate whether or not this agreement had any relationship to the agreement between Waste Management, Inc., and the Cities. Page 25 9/21/89 City Attorney Doody said he did not see a reference to another document in this agreement and C/M Rohr said the language in the agreement led him to believe that three Cities could make a decision that the other two Cities did not agree with. Mayor Abramowitz said until the agreement between the Cities and Waste Management, Inc., was signed by the City Council, Tamarac would not be a part of it. City Attorney Doody said a voting procedure may be part of the interlocal agreement which has not been drafted. He said maybe the agreement under consideration should have come after the interlocal agreement. He said without the interlocal agreement there was a different set of facts. Mayor Abramowitz said everybody involved in this program was very angry with him because there were certain things that he did not approve of. He said there were several things expressed to Waste Management, Inc., which were to be investigated and resubmitted to the group. Mayor Abramowitz read from the agreement between Waste Management, Inc., and the Cities as follows: "In the event a member of group Cities decided to terminate services provided under this agreement, said City shall reimburse the other members of the group Cities for any additional costs incurred during the life of this agreement." Mayor Abramowitz said this provision would be removed from the contract because it had nothing to do with Waste Management, Inc. He said the Cities were concerned with a City resigning from the contract after the costs were determined and having to pay for the balance of the costs. He said this provision would be placed in the interlocal agreement. Mayor Abramowitz said if Waste Management, Inc., would not agree to changing the provisions which concerned the group there would be a problem in approving the contract. Mayor Abramowitz said he informed the representative of Waste Management, Inc., that he was disturbed because the Cities were sold a horse but delivered a donkey. He said this comment was not popular by the group; however, this was how he felt and he had to let them know. Mayor Abramowitz said after discussing the costs to the residents, he felt that $.76 was very reasonable. C/M Hoffman asked why this was reasonable when the residents now received garbage pickup twice a week for approximately the same money. Mayor Abramowitz said this cost went to bid and there were three proposals. He said one bid was $1.30 and the other was $1.50. He said he was concerned with the City's credit for the tipping fee and Waste Management, Inc., indicated that this credit was figured in the equation of the costs. C/M Rohr said he felt that the City would not receive a deal with this program because it would cost more money for Waste Management, Inc., to recycle the garbage. He Page 26 9/21/89 said the only way the City should go was to create their own recycling program and receive credit for the garbage. C/M Hoffman said he did not believe that anyone would be recycling garbage. He said the newspaper was not being recycled and the Cities would be paying Waste Management, Inc., to pick up the papers and dump it the same way. Mayor Abramowitz said Waste Management, Inc., had a one year guarantee with Durban Paper Company to dispose of newspapers. He said he was fighting with the City Council regarding the recycling program being a money making program. He said the City would never be making money on this type of program; however, the contract for the services had to be appropriate for the Cities. V/M Bender said this matter was voted on and the City Attorney was asked to investigate the matter. C/M. Rohr said Mayor Abramowitz's statement was valid and may be for six months; however, there would be a large coast in having garbage picked up within the next years. He said the City would not be paying a lot of money in having the recycling done for them. Mayor Abramowitz said he asked Waste Management, Inc., to submit a listing of the costs for the items that would be recycled. He said Durban Paper Company would be making the determination on the costs for newspapers. Mayor Abramowitz said there was a lot of work by the City Managers for this program. C/M Hoffman said he was involved in a recycling program 15 years ago. He said the business had their own trucks and incinerator and they picked up newspapers from curbside. He said it came to a point where the newspapers were being picked up and thrown into the same incinerator as the garbage because there were not enough recycling plants to handle the volume of paper that was picked up. He said the residents were paying for a service that could have been included in the garbage service they were already receiving. He said this was what was occurring today and, until this was rectified, the City should keep their options open. Mayor Abramowitz asked what would occur if the City did not do anything with the other Cities. He said he asked Waste Management, Inc., if a cap could be put on the costs and the reply was, no. City Manager Kelly said a cap was agreed to; however, the costs would increase. He said Waste Management, Inc., did not want to take all of the risks when the Cities were receiving the advantages. Mayor Abramowitz said he was happy with everyone in Broward County being angry with him; however, the City Council's priority was not to sign a contract that would not be beneficial to the City in six months. He said there were too many ambiguous terms in the contract and he felt that the contract would be detrimental to the City. He said $.76 was reasonable; however, there seemed to be a serious problem with the program. He said if two Cities did not sign the contract, the grant monies would not be available. Page 27 9/21/89 C/M Hoffman asked if the other Cities approved the agreement and City Manager Kelly replied, yes. Mayor Abramowitz said no one, except the City Managers, were involved in this matter until yesterday. He suggested that the City Attorney contact the City of Lauderhill on this matter and City Attorney Doody said if he was wrong about this matter he would be the first to say so. Mayor Abramowitz said he knew this and the City Council valued the City Attorney's opinion. With no further business, meeting at 3:05 P.M. Mayor Abramowitz ADJOURNED this N MAN ABRAMOWITZ, MAYOR '- CAROL A. EIVANS, CITY CLERK "This public document was promulgated at a cost of $180.00 or $23.63 per copy to inform the general public, public officers and employees of recent opinions and considerations of the City Council of the City of Tamarac." CITY OF TAMARAC APPR ED AT MEETING OF !3 �-<�8 City Clerk 1 1 Page 28