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Home My WebLink About1991-04-03 - City Commission Workshop Meeting Minutes@x- � ۥx�y �T �� t �t t �t �t �t �t � - A�� ( A �E �E �E �E �E �E �E �E �E �E �E �E �E �4 y �y �y �C ITY � �� " ؤ ؤ OF TAMARAC CITY COUNCIL WORKSHOP MEETING WEDNESDAY, APRIL 3, 1991 CALL TO ORDER: Mayor Abramowitz called this meeting to order on Wednesday, April 3, 1991 at 1:00 p.m. in the Conference Room #1 of City Hall. PRESENT: Mayor Norman Abramowitz Vice Mayor Dr. H. Larry Bender Councilman Irving Katz Councilman Henry Schumann Councilwoman Diane Glasser ALSO PRESENT: John P. Kelly, City Manager Karen Jackson, Secretary ***************************************************************** Mayor Abramowitz asked if City Manager Kelly had the list of subjects for upcoming Council Workshops and City Manager Kelly said, no. Mayor Abramowitz said there have been many subjects on hold due to the election which need to be addressed. 1. Architectural/Engineering Report Mayor Abramowitz said there was some confusion regarding the request of Staff in picking a primary recipient of the architectural contracts. City Manager Kelly said there will be a number of small projects throughout the course of the year that will come up for which the cost studies will not exceed $25,000 nor the cost of construction exceed one half million dollars. He said these projects may include a gazebo, a restroom, a sidewalk or any other small item that the City may not have the ability to do in-house. He said the Competitive Negotiations Act states that if the City wants to go for someone on a retainer-type basis, the work they do cannot be for a project of this magnitude. He said the Competitive Negotiations Act states that the work must be under one half million dollars and may not exceed $25,000 for study purposes. City Manager Kelly said the City has a few projects that may be done through the course of the year if the monies become available. He said the City would like to have the opportunity to have an architectural firm available to handle these types of projects. He said the Competitive Negotiations Act states in order to hire an architectural firm an advertisement is done for a RFP (Request for Proposal) which is responded to by any architectural or engineering firm that is interested in performing the work. City Manager Kelly said with the first step, the City Council must designate a committee to respond to those inquiries and to review their qualifications and to then call them in. He said in the current instance, the Committee, headed by himself includes Mike Couzzo, Director of Public Works; Bob Foy, Director of Engineering/Utilities; Kelly Carpenter, Director of Community Development; Bill Land, Director of Purchasing, all of whom are involved in the architectural firm selections in their own right. City Manager Kelly said the first Committee meeting is the competitive short listings and the Committee reviews all of the facts and qualifications of the various firms. He said some of the Committee members will have a closer relationship and knowledge of the firms than others. He said at the meeting that was held, he recommended the City limit it to three firms for interviewing; however, the Committee selected five firms to interview. City Manager Kelly said the next step was to schedule an interview with each of the firms. He said the interview presentation was set up and held with four firms. He said it was obvious in the interview session that two of the firms were out-matched and were clearly not going to be considered by the Committee. He said the votes were taken independently and turned over to the Secretary who then read the conclusions. City Manager Kelly said the conclusion was that Kelly Carpenter, Bill Land and himself voted for Robert Walters Architects as the number one firm and ranked Scharf and Associates as number two. He said Mike Couzzo and Bob Foy, both whom have closer contact with the architects and engineers, selected Scharf and Associates as number one and their second choice was Robert Walters Architects. He said it is then the responsibility of the Committee to recommend the selections to the Council. Further explanation was held regarding the selection process. City Manager Kelly said the Staff proposal is that the first firm would be Robert Walters Architects. He said the Negotiations Act requires three firms and the Selection Committee recommends the following: 1. Robert Walters Architects 2. Scharf and Associates 3. Twenty-First Century City Manager Kelly said the normal procedure is to establish a Negotiating Committee and then authorize that Negotiating Committee to negotiate with the firms in order of the ranking and then bring a recommendation to Council with whom the City should enter into a contract. City Manager Kelly said suggestions were made at the March 27, 1991 Council Meeting as to negotiating with the top two firms. He said the initial procedure was offered as the top firm being accepted for negotiations rather than going through the normal process. He said he feels this compromises the process with the Negotiations Act which states this shall be done in a particular manner and not to try to maneuver between two firms being negotiated with publically. He said the both firms have the right to be present during the negotiations or to read the report of the other firm prior to their negotiations process. City Manager Kelly said these firms will then have similar prices and similar practices. He recommended that an automatic rotation be done between the two firms for the negotiations process. He said if one firm is not available at the time the project is being offered, it would go to the other firm. Mayor Abramowitz said he feels the City has the knowledge of Scharf and Associates work from the reports received by Staff as to the building of the City Hall. He explained the history of the City Hall project. Mayor Abramowitz said when Scharf and Associates was approached to do the Multi-Purpose Center, Council spent many hours in consideration of whether or not a Construction Manager was needed at the cost of $100,000 plus any hidden costs. He said at the time there was no one who was qualified within the City Staff to handle this project. He said Scharf and Associates supervised this project on a daily basis, saving the City the $100,000 and the project was completed on time and under budget. He said he feels that Scharf and Associates has proven themselves to the City. C/M Katz said there were some poor administrative decisions that resulted in the change orders in the past. Discussion was held regarding the past project. C/M Katz said he feels the only recommendations that should count in this decision are from the people who have ongoing contact with the engineer. He said he feels that the recommendations made by Mike Couzzo and Bob Foy should be considered. He said Robert Walters stated that he would probably bid at the same price. He suggested that the negotiations be held with these firms on a rotating and availability basis rather than the number one and number two status. V/M Bender said he felt that there is a need to go for negotiations with more than one. He said if the City negotiates with one and at the time the City needs a project done and this particular firm is unavailable, the negotiations process will have to be done again. He said he feels this should be negotiated on the basis that Robert Walters indicated that the price range will be close to Scharf and Associates and this should be viewed as to the City's benefit for the City to receive the service when wanted. He recommended that both firms be negotiated with. C/M Schumann said he feels these firms were chosen based on a presentation rather than past performance. He said some of the members on the Committee do not have the appropriate experience to make this type of decision. City Manager Kelly said he had extensive experience in Broward County for many years as well as Ms. Carpenter. He said the overall emphasis was based on the performance. C/M Schumann referred to the Florida State Statutes, Chapter 287, where it states that the agency shall select an order of preference no fewer than three firms deemed to be the most highly qualified to perform the required services. City Manager Kelly said the City meets these requirements. He said the three firms have been recommended to Council which are Robert Walters Architects, Scharf and Associates, and Twenty-First Century. He said the system is set up to deal with the number one ranking firm and, if the City cannot come to terms with the number one ranking firm, then move to the number two ranking firm and so on. He said Council feels the City has two good firms to negotiate with and this can be an option. C/M Schumann said the Statute states equitable distribution of contracts provided that this distribution does not violate the principle of selection of the most highly qualified firm. He said the Committee is highly qualifying this firm based on a presentation. He expressed his concern regarding the qualifying task based on presentations alone. City Manager Kelly said the Committee reviewed all of the qualifications, work history and references of these firms. He said he had not decided on Robert Walters as one of his three first choices, the Committee had chosen them. He said he had changed his mind in reviewing their qualifications. He said he feels the Council's recommendation to negotiate with the top two ranking firms is a good one. Discussion was held regarding previous construction projects and the complications involved. C/W Glasser said she feels that Scharf and Associates should have had a little more consideration based on their past performance for the City. She asked if the City can negotiate the terms with more than one company and then make a choice. City Manager Kelly said the Competitive Negotiations Act is set up so the agency will select the firms in rank first without discussing finances. V/M Bender said this is applicable to negotiating on a contract. He said he feels this is not a contract but an intent for future work. He said the Council can agree with this or recommend that two firms be negotiated with which is a compromise and City Manager Kelly agreed. City Manager Kelly said Council may choose to agree to this compromise since the costs will all be public information and their prices will be approximately the same. Mayor Abramowitz asked if this poses a hardship for the negotiator or the department seeking the work and City Manager Kelly said there is no problem as long as it is made clear that there will be an automatic rotation of the firms. Mayor Abramowitz said Scharf and Associates has already done the work on an upcoming project which they have not been paid for. He said he was attracted to Scharf and Associates because they have done a lot of work for the City without charging. He expressed his concern regarding the fairness of these two firms getting lower or higher priced projects. C/M Katz said his Motion was made that these negotiations would also be based on availability. Discussion was held regarding the previous work Scharf and Associates has done for the City. C/W Glasser said she feels Scharf and Associates should be considered. City Manager Kelly said this will be placed on the next agenda where the Council will make the recommendation authorizing to begin the negotiations with the first two firms on a rotating basis. He said if the City cannot come to terms with one of those firms, the third firm will be approached. C/M Schumann asked what the purpose of the third firm is if the first two will be negotiated with on a rotating basis. City Manager Kelly said the Negotiations Act states that three firms must be recommended. C/M Schumann asked if the third firm will ever be approached and City Manager Kelly said the first two firms are the firms which the City will be dealing with. Further discussion was held regarding this system. C/M Katz said the Motion that will be voted on is to negotiate with firms one and two on a rotating and availability basis and, if the City cannot negotiate with firm number one or firm number two, then firm three will become involved. He said he feels the City will benefit from this system. 2. Recycling Report by the City Manager Mayor Abramowitz said the makeup of the Negotiating Committee for Recycling is mandated by Law and, with the exception of Mayor Ilene Lieberman, the Committee consists of City Managers. City Manager Kelly said the existing recycling contract with Waste Management covers the five cities and contains the lowest rate at $.76 per month for single family units. He said the $.76 is strictly for newspaper recycling curbside pickup which must be bundled or tied. He said the new amended proposal will expand the service to include the aluminum and glass and the price will remain at $.76 per month. He said the terms of the contract are increased two years. City Manager Kelly said all of the five cities have reviewed the proposed amended contract which has been negotiated with Waste Management. He said the big argument is in Section 24 of the agreement in which there is a penalty clause established for municipalities. He said the penalty clause increased to 2% if the City changes to another waste vendor. TAPE 2 City Manager Kelly said the COLA adjustment will not be done until April, 1992. He said Waste Management controls the garbage business which is why going out to bid for another service makes little sense. He said Waste Management agreed to the 1-1/2% penalty. He said the Five-City Committee felt it was pointless since no matter what the percentage is, there is no other company. He said Lauderhill may request 1% and Council has the prerogative to request 1%. City Manager Kelly said the service is being expanded and recycle bins will be distributed and have been purchased for the single family units and are being stored in a warehouse in Lauderhill. He said Waste Management will provide the vehicle and the Supervisor who knows the route will be accompanied by a couple of City employees to distribute these bins to the residents. He said this will be executed after all of the five cities have approved their contracts. Discussion was held regarding the approval of the contracts of the five cities. City Manager Kelly said the expansion of the Recycling Program will include aluminum and glass. He said the price will be maintained at $.76 and there will be no cost of living increase until April, 1992, and the penalty provision will be 1-1/2% as in the original contract. He said the term of the contract has been extended two years for a seven year total. Further discussion was held regarding the recycling contract. Mayor Abramowitz said Waste Management owns the only garbage dump and Durbin Paper is now owned by Waste Management as well as the two incinerators. He said Tamarac was the last City to sign the recycling contract. He said there was a total of approximately $700,000 in grant monies that would have been given to the five cities. He said there are cities who handle their own garbage. Discussion was held regarding the various cities handling their own garbage. Mayor Abramowitz said Waste Management may threaten to sue the City if they are going out to bid. He said they want to negotiate the contract. He said the five cities went into this joint contract believing there is more strength in numbers. He said in June, 1991, there will be an increase per family of approximately $4.00 unless the City can change this. City Manager Kelly said the rates are increased yearly. Mayor Abramowitz said contractually Waste Management has the right to raise their rates. Further discussion was held regarding this. Mayor Abramowitz said he has been inundated with phone calls from the single-family homeowners saying that they are being discriminated against as well as the multi-family homeowners saying they feel the opposite. He said Tamarac will do multi-family recycling. Further discussion was held regarding recycling. Mayor Abramowitz said there is a pilot program in Coconut Creek with a 31% compliance rate. He said their rates went from $.96 to the present $1.50. He said Sunrise will begin a Pilot program of 100 units. City Manager Kelly said he received a letter from Mayor Ilene Lieberman asking if any members of Council would be interested in attending a trip with the Recycling Task Force Committee to High Rise Recycling Systems, Inc., in Miami Beach on Tuesday, April 16, 1991 from 8:30 a.m. to 12:30 p.m. to observe a machine that automatically disposes of items for recycling in a high rise building. Mayor Abramowitz requested that C/M Katz attend this as Liaison to the Recycling Task Force. Discussion was held regarding this. V/M Bender said he feels the rate imposed by Waste Management is unfair and is predicated on trash picked up from Tamarac and other cities. He said Waste Management has indicated that they collect trash from sister cities on the same route which does not allow the cities to know how much trash is collected in one specific city. He asked if there is any legal recourse that the municipalities may have to force Waste Management to legitimately charge a fair rate on what is actually collected within the city. City Manager Kelly said this is why he would like to go to the bag process; however, Waste Management is disagreeing with this. Discussion was held regarding the various high rise disposals. C/W Glasser asked if the cost will be lowered when the City goes into glass and aluminum recycling and City Manager Kelly said, no. V/M Bender said before the $.76 went into effect, the newspapers went into the garbage and Waste Management collected it. He said at present, the papers are separated for them and are placed aside for them to pick up and the residents pay $.76 to collect it. Mayor Abramowitz said this is not a voluntary situation. He said the State says 30% must be taken out by 1993 or the City will lose a lot of money from revenue sharing. Further discussion was held regarding Waste Management. Discussion was held on the bag system of trash collection. City Manager Kelly said the hauling, dumping and picking up is all calculated in the cost of the bags. Mayor Abramowitz said the fees are based on the number of bags a family uses. C/M Katz asked if the way of negotiations would change if the City would convert to the bag method and City Manager Kelly said it would change dramatically. City Manager Kelly said the senior areas would benefit the most with the bag system because they do not have children; therefore, do not generate as much trash. He said the residents in Plantation, where this system is being used, are very pleased with the user fee system. He said Waste Management says their first concern is the fact that bags are not bio-degradable. He said Waste Management says they will go to the bag system if the City can guarantee and maintain the same revenue stream as it is at present. Further discussion was held on the bag business. 3. Status on the Continental Cable Audit City Manager Kelly said Jim Felsyn, Internal Auditor, has drafted a proposal for the overview of Continental Cable's audit. He said Mr. Felsyn met with the Internal Auditor from Plantation who has been very helpful to Tamarac on a number of items and has provided a lot of valuable insights to Tamarac. City Manager Kelly said Mr. Felsyn has asked for all of the relevant documents. He said among the basic issues with Continental Cable is that the franchise now calls for 3%. He said the original franchise called for 5% to be paid to the City of their gross revenues. He said the initial contract was not that specific in 1969. He said a revised contract that was drafted in Ordinance 83-39, Section 2, City Compensation, states that the Cable Company shall pay the City a franchise fee equal to 3% or a greater amount to the maximum which may be provided by Law of gross revenues collected by the Cable Company. City Manager Kelly said the Cable Act of 1984 allowed municipalities to impose a 5% franchise. He said he wrote an informal letter to Continental Cable and advised Council not to take formal action due to not wanting the legal aspect. He said he indicated to Continental Cable to pay the monies owed to the City effective from that date and that the City wanted the increase of the 5% and expected to see it in the next quarterly payment . City Manager Kelly said Continental Cable responded that City Manager Kelly did not have the authority to do that and that it required a Resolution by Council and provided documentation showing that the Council had agreed to the reduction from 5% to 3%, but had a much stricter Cable Ordinance which identified what the gross revenues would be. V/M Bender said originally it was 3% or greater. He said the government allowed it to go to 5%, came before Council several years ago and they decided to leave it at the 3%. Discussion was held regarding the 3%. V/M Bender said it is documented that Continental Cable felt that if it was raised to 5%, they would not be able to get any new customers. He said the franchise tax is based on the amount of money that is billed to the customers which is submitted to the City. He said it states in the franchise agreement that 3% of the gross revenue and "gross" needs to be clarified. He said the City needs to review Continental Cable's books on their gross income. Discussion was held regarding this. Mayor Abramowitz said if the City chooses to raise the fee to 5%, Continental Cable will pass the 2% on to the customers. He said he wants the 5% increase without the 2% going to the customers and City Manager Kelly agreed. V/M Bender requested the City research the possibility of getting into its own cable business as a utility. He said the City's revenue is diminishing because of the lack of construction. He said he is not comfortable having to raise taxes annually to offset the lack of revenue. He said he has discussed this with other cities that are involved in their own cable business. Discussion was held regarding this. TAPE 3 C/M Katz said there are ways to do an installation like this without physically running miles of wiring. Discussion was held regarding the various ways to handle cable possibilities. C/M Schumann said if Continental Cable is in violation of their franchise agreement the City may cancel the contract. Discussion was held regarding the violations. City Manager Kelly said there are 11,000 franchisees in the country and none have ever been turned down for renewal or lost their franchise. He said a company will come into a City and then find out it is too difficult. V/M Bender said at present phone lines are able to be used for cable reception. Discussion was held regarding the ways cable is transmitted and received. 4. Discussion on the sale of the old City Hall City Manager Kelly said the City has a proposal for the Kiddie Corner which is still viable. He said the second offer was from the Pine Island Baptist Mission, who have sent a check to the City for $1,000.00 and are offering $250,000.00 for the property. City Manager Kelly said he feels it is time to look at both proposals and take some action. He said he feels that he could not support the sale of the property for $250,000.00 to a nonprofit organization who would not be paying taxes. He said the original price was $750,000.00 in 1986 which included the facility. He said the appraisal done in 1990 indicated that the value of the property, less the building which has deteriorated, is $531,000.00. City Manager Kelly said the offer from the Kiddie Corner Enterprise people is for the $530,000.00 with $100,000.00 down and $30,000.00 would go to the broker, giving the City $70,000.00. He said the recent Kiplinger Report indicates that anyone sitting on property should remain that way and wait for the market to turn. C/M Katz said he is completely adverse to anything that will not increase the City's tax base. He said he feels the best interest is not being served. Mayor Abramowitz said he has received numerous calls regarding the sale of the old City Hall. He said the prime concern of Council on all offers on the old City Hall was whether or not it fit into the lifestyle of the City of Tamarac. Discussion was held regarding the past offers. Mayor Abramowitz said there were specific standards the City was looking for from the Kiddie Corner Enterprise people such as closing time, which they said would be 11:00 or 12:00 p.m. He said they would have ongoing security; no one under the age of 18 would be admitted without an adult and no alcohol would be served. Discussion was held regarding the type of facility the Kiddie Corner would be. Mayor Abramowitz said these people are still very interested in the property; however, there are Sections in the City who are opposed to such a facility in the area. He said these people want a park built on that property. He said he feels that the City should enter into serious negotiation with these people for the Kiddie Corner based on the health, safety, and welfare and based on being in conformity. He said he would only vote affirmatively on this if the City did this under a contract for deed which means that if the business is not successful, the City would not have to go for foreclosure, but only for eviction procedures. Mayor Abramowitz said all Capital Improvements have been held based on the sale of the old City Hall. He said he sees no problem with this type of facility if all of the conditions are met. V/M Bender expressed his concern regarding the City taking paper on this sale. He said the City pays no tax and if the City cannot get a reasonable offer on the property, he feels the City should retain the property until the market improves. Discussion was held regarding the various situations with the proposal such as liquor, video games and catering. C/M Katz suggested the City go into a joint venture with someone. City Manager Kelly said there are a number of Workshops to be scheduled in the near future. He said there have been a lot of Code amendments done by the Planning Department. PARKING TICKET FEES City Manager Kelly said the Council will be reviewing the penalties of parking fees. He said the City is looking to have the fine for handicapped parking reduced from $250.00 to $150.00 and the basis of the recommendation is that it is difficult to collect the $250.00. He said Judges are reluctant to impose those penalties. He said people are more likely to go to court to fight such fees. City Manager Kelly said City Attorney, Chris Carsky's idea is that the $150.00 be paid within 5 days and, if it is paid after 5 days but prior to the date of arraignment, the fine will be $200.00 and if it is paid on or after going to court, it goes to $250.00. He said he feels this is a good incentive for the City to collect this penalty fee. City Manager Kelly said the City has a lot of $5.00 fines for non-criminal parking infractions. He said the new initial fee will be $15.00 and, if it is paid after the issuance of notice, the fee will be $25.00 and on or after the date of arraignment but prior to the date of trial, it goes to $50.00; after trial, it goes to $100.00. He said the theory is that people tend to accumulate $5.00 tickets and it costs the City money to process and go after these penalty fees. Discussion was held regarding this. City Manager Kelly said the rates for the Municipal Parking Lot at present are $1.00 per day per vehicle, $5.00 per week, $15.00 per month and $150.00 per year. He said the City would like to raise the fee to $30.00 per month. Discussion was held regarding the Municipal Parking Lot. C/W Glasser said she is concerned that if the rates go up there may be some people who will not be in conformity with the Code. City Manager Kelly said a $20.00 per month fee is rather reasonable. Mayor Abramowitz said he will be scheduling some Workshop meetings to discuss the upcoming Code changes. He said discussion had been held in the past regarding licensing procedures of Code Enforcement. He said he feels the transfer of Judy Yacobellis to the Code Enforcement Department was a very good decision; however, she is one person and cannot research all of the occupational licenses in the City by herself. Mayor Abramowitz requested that the Code Enforcement Department visit the businesses within the City to check for occupational licenses. City Manager Kelly said the money budgeted for occupational license revenues was approximately $300,000.00 to date 99% of which has been brought in. V/M Bender expressed his concern regarding the location of the Internal Auditor. He said he felt the Auditor should be relocated physically and should be in the same classification as the City Attorney to conduct investigative auditing without any problems and he should serve at the pleasure of the Mayor and Council. V/M Bender said he understood that the Auditor had been given assignments in auditing the cable franchises, telephone, and Florida Power & Light Company, who have not been paying State or property taxes for years. He said he feels all of the contingency and reserve accounts should be audited, such as the insurance accounts that have over $900,000.00 in them. He said the City has approximately 23 million dollars worth of investments. He said he would like to know if there is truly a need for the money to be held in these accounts. V/M Bender said the City has a lot of bearer bonds in the safe. He said he does not understand why these were ever purchased as bearer bonds. He said there are clip coupons which are worth approximately $70,000.00 per coupon. He said all of these situations need to be audited. He said Council is elected to oversee the running of the City and to be sure the City is run efficiently and effectively. City Manager Kelly said the Charter states that Council appoints a City Manager and the City Attorney and everyone else is under the direction of the City Manager. Mayor Abramowitz said Mary Blasi, Finance Director, has tried to change these bonds from bearer bonds; however, she found out this would be a very expensive process. He said Ms. Blasi did find out that there was no insurance on the bearer bonds and, at present, the City does have insurance on these bonds. V/M Bender said the Charter does not address the City having an Internal Auditor. City Manager Kelly said everybody is under the direction of the City Manager or Administration. He said the Charter states that Council appoints two people who are under the direct supervision of the Council, the City Manager and the City Attorney. Discussion was held regarding where the Internal Auditor should be located within the City. V/M Bender said he feels the Internal Auditor should be independent and be able to do his job without being censored. City Manager Kelly said he did not appreciate this recommendation. Mayor Abramowitz said the Internal Auditor is in an administrative capacity and the City Attorney is in a legal capacity. C/M Katz said if the Internal Auditor were to be a separate entity, the Charter would need to be amended by Referendum and then he would be an investigatory body similar to the Charter Board. V/M Bender said he would like the Auditor to be an investigating auditor because there are many things that need to be researched. Further discussion was held regarding this. Mayor Abramowitz said the priorities are on FP&L, telephone and cable franchises. He said he would like an absolute in depth study on these items. He said he feels the Auditor needs to be given the time needed to handle these properly. C/M Katz said he made two presentations to developers and representatives in the past week. He said Wal- Mart had been negotiating with Hills Brothers for a million square foot distribution center and this warehouse would fit in Land Section 7. He said Sony is also moving into Broward County. He suggested that the City attempt to negotiate with this type of situation on relocations. TAPE 4 C/M Katz asked Council's feelings on moving the plaque located in the back of City Hall to the front. He said he feels the people who had initiated the construction of this building should get some of the credit as well as the people who are on the plaque located in the front of the building. Discussion was held regarding this with no show of interest from Council. C/W Glasser said she feels it is an injustice to Representatives Graber and Weinstein on behalf of the Multi- Purpose Center. She suggested an additional plaque be placed in appreciation to them. She said the City will have to request assistance from them in the future. Discussion was held and all agreed. C/W Glasser asked if Council can make direct contact with some of the Department Heads. City Manager Kelly said Council members can make contact; however, he would like to be aware of it. He said in some cities it is forbidden under the penalty of law. C/W Glasser said she is referring to information gathering which is public information. City Manager Kelly said the public has more access than the Council does. Mayor Abramowitz said going through the City Manager has always worked in his information gathering process. He said he has found this system has worked better and also maintains good work relationships with Staff. Discussion was held regarding this. C/M Schumann suggested using the current Code Enforcement officers to enforce the occupational license situation. Mayor Abramowitz said a delegation appeared at a Council meeting in the past regarding the placement of a sidewalk on Southgate Boulevard near Spring Lake Villas. He said the public rejected the sidewalks for the City when the Referendum was issued for the public to vote on the street lighting and the sidewalks. He said he feels that this particular area involves the health, safety and welfare of the people located on Southgate Boulevard, next to Spring Lake Villas. Mayor Abramowitz said the plans were drawn and the costs were estimated for this sidewalk. He said the City promised the residents of Spring Lake Villas this sidewalk and he intends to collect the information and present it to Council for approval. Discussion was held regarding this. C/M Katz suggested these residents apply for a permit and put in the sidewalk. He said he does not feel it is the responsibility of the City to place this sidewalk. C/W Glasser said there are a lot of communities in Tamarac that feel they need sidewalks. She asked how does Council justify supplying a sidewalk for this community and not the others. Mayor Abramowitz said most of the communities do not want sidewalks. He said sometimes certain things must be done in some areas that are not beneficial in other areas. Discussion was held regarding this. Joe Schreiber, resident, suggested getting some information from Waste Management regarding figures. He said in the contract on Page 11, Section 4, it stipulates that the City Manager is the designee and there are clauses that indicate that the City Manager can require them to provide him the information requested. He said they are subject to breach of contract if Waste Management does not supply the requested information. Discussion was held regarding a breach of contract. C/M Schumann said if someone filed a formal complaint to the United States Attorney action would be taken. Further discussion was held regarding this. With no further business, Mayor Abramowitz ADJOURNED this meeting at 3:30 p.m. NORMAN ABRAMOWITZ MAYOR CAROL A. EVANS CITY CLERK "This public document was promulgated at a cost of $202.01 or $4.49 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." 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