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