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HomeMy WebLinkAbout1972-03-08 - City Commission Regular Meeting Minutes5200 ROCK ISLAND ROAD TAMARAC, FLORIDA 33313 TELEPHONE (305) 73 1 -5900 N 0 T I C E. There will be a regular meeting of the City Council held on Wednesday, 8th March 1972 at 10 am in the City Hall Annex. Items to be considered are: Item #1: PRESENTATION OF MINUTES OF CITY COUNCIL MEETINGS OF FEBRUARY 9, 16 and Item #2. AMENDMENT TO ORDIN�TCE #1-64: by adding section 10.41 Item #3. AMENDMENT TO ORDINANCE #1-64: by adding section 18.12. C,31J- -- 6s. j'1 L Item #4. ORDINANCE covering ax>4nexation of certain territories. pia;-S. ?1, R3 Item #5. ORDINANCE cov ing floor to door solicitation. --rc. er3�) T Item #6. ORDINANCE #71-23. Discussion on possible increase of fines. Item #7. RESOLUTION PERTAINING O RELEASE O,, CANAL RESEgATION. Item #8. PENDING LEGIS TION ABOLISHING MUNICIPAL COURTS: Mr. Ford Item #9. MAINTENANCE STRICTIONS• Review of procedures. (0c, - /1. 9-/-Fk� Item #10. INTERCOUNTY SPRAY SUIT: Report by Mr. Castenholz Item #11. CANAL CLEANII)TG Item #12. MAINTENANCE OF SIRE S AND OTHER PUBLIC PROPERTIES: Mr. Nolan We- c 90 Item #13. BUDGET TRANSFER FOR CAPITAL PURCHASE OF TYPEWRITERS ETC. AIR CONDITIONERS. Mr. Castenholz . Item #14. STATUS OF CI ATTORNEY Item #15. STATUS OF CITY PROSECUTOR Item #16. LITIGATION: Report by Mr. Ford 3/j, - 7. 91, 9-2) Item #17. REPORTS BY MAYOR AMD COUNCIL. Item #18. REPORT BY MR. CASTE�. tHOLZ. (3 4 -- Acw•9�Z- Peggy M. Twi.chell, City Clerk I REGULAR MEETING CITY COUNCIL CITY OF TAMARAC. March 8 1972. CALL TO ORDER: Mayor Oscar W. Seltman called the meeting to order at 10 am in the City Hall Annex on March 8, 1972. ROLL CALL: Present: Mayor 0 W. Seltman Vice Mayor Evelyn M. Lange Councilman Dwight Johnson Councilwoman Helen Massaro Councilman Eugene Shultz Also present: Mr. R.D. Castenholz, City Manager Mr. Harvey Ford, City Attorney Peggy M. Twichell, City Clerk PRAYER AND PLEDGE OF ALLEGIANCE. The Mayor asked all to stand for a moment of silent prayer, to be followed by the Pledge of Allegiance. Item #1: PRESENTATION OF MINUTES OF CITY COUNCIL MEETINGS OF FEBRUARY 9, 16 and 23rd. Councilman Shultz moved and Vice Mayor Lange seconded that the minutes be approved. Vote taken: all voted aye. Item #2: AMENDMENT TO ORDINANCE #1-64: by adding section 10.41 Mr. Ford read the ordinance, which was prepared at the recommendation of the Zoning Commission. Councilman Shultz moved, and Councilwoman Massaro seconded, that the item be tabled for further study. Vote taken: all voted aye. Item 01: AMENDMENT TO ORDINANCE #1-64: by_ addin8 section 18.12 Mr. Ford read the ordinance. Councilwoman Massaro moved and Vice Mayor Lange seconded that the ordinance be approved. Regular Council Meeting, March 8 1972. Vote taken: Councilman Shultz, Councilwoman Massaro, Vice Mayor Lange and Mayor Seltman voted aye. Councilman Johnson voted nay. Item #4: ORDINANCE COVERING ANNEXATION OF CERTAIN TERRITORIES Mr. Ford explained there were in fact nine separate ordinances which had been drawn up on the legal descriptions provided by the City Engineers, Williams Hatfield and Stoner. Each is a separate ordinance and identical excepting for the phrase in section one describing the parcel. Titles are identical. He read one in full (in effect reading them all). He explained that the blank left in section 2 should be filled in. Vice Mayor Lange moved and Councilman Shultz seconded that the words "twelve months" should be inserted in the blank. Vote taken: all voted aye. Ordinance describing API. Councilman Johnson moved and Councilman Shultz seconded that the Ordinance describing Parcel API be approved. Vote taken: all voted aye. Ordinance describing parcel AP2. Vice Mayor Lange moved and Councilman Shultz seconded that this be approved. Vote taken: all voted aye. Ordinance describing Parcel AP3. Councilman Shultz moved and Vice Mayor Lange seconded that this be approved. Vote taken: all voted aye. Ordinance describing parcel AP4. Councilman Shultz moved and Councilwoman Massaro seconded that this be approved. Vote taken: all voted aye. Ordinance describing Parcel AP5. Vice Mayor Lange moved and Councilwoman Massaro seconded that this be approved. Vote taken: all voted aye. Ordinance describing parcel #AP6. Councilman Johnson moved and Vice Mayor Lange seconded that this be approved. Vote taken: all voted aye. r Regular Council Meeting March 8 1972. J 1 1 Ordinance describing Parcel AP7. Vice Mayor Lange moved and Councilman Johnson seconded that this be approved. Vote taken: all voted aye. Ordinance ^describing parcel AP8. Councilman Johnson moved and Vice Mayor Lange seconded that this be approved. Vote taken: all voted aye. Ordinance describing Parcel AP9. Councilman Shultz moved and Councilman Johnson seconded that this be approved. Vote taken: all voted aye. ALL ORDINANCES COVERING PARCELS I thru 9 PASSED FIRST READING. Item #5: ORDINANCE COVERING DOOR TO DOOR SOLICITATION. Mr. Ford stated this ordinance had been prepared at the request of the City Manager prohibiting peddlars, solicitors, canvassers etc. from door to door solicitations; however, there are serious Constitutional questions involved and he would prefer to research further before Council acts. It was moved by Councilman Shultz and seconded by Councilwoman Massaro that the item be tabled until the next meeting. The ordinance was not read. Vote taken: all voted aye. Item #6: ORDINANCE #71-23. Discussion on possible increase of fines. Mr. Ford read Section 5 of the ordinance, which pertains to subdivision improvement regulations: "It shall be the duty of the engineering department strictly to enforce all the provisions of this chapter. The general agent, architect, builder, contractor, owner or tenant, or any other person who commits, takes part in or assists in any violation of this chapter, one who maintains any premises in which any violation of this chapter shall exist, shall for each and every violation, upon conviction, be punished by a fine not exceeding One Hundred Dollars ($100.00) or by imprisonment not exceeding thirty (34? days, or by both such fine and imprisonment in the discretion of the municipal judge. Each day a violation is permitted to exist shall constitute a separate offense." Councilman Shultz, at whose suggestion this item was placed on ...... 1, -19 .� Regular Council Meeting 8th March 1972. the agenda, said that his reason for the suggested change is because we have people working digging canals, laying sewer lines etc. without proper authority from the City to do so. In order to deter such future action he would propose an increase in penalties so that the fine should be moved up to $500 for each offense and the term of imprisonment should be 90 days. Councilman Johnson moved that the City Attorney be instructed to draw up an amendment to the ordinance incorporating the changes suggested by ,Councilman Shultz. Vice Mayor Lange seconded. Councilwoman Massaro asked if the guilty party would have to be served a warrant each day and the answer was that they would have to be charged for each offense. Mr. Castenholz stated that if the ordinance were changed in the manner suggested the administration would have the power if it feels it should be used. Vote taken: all voted aye. Item #7: RESOLUTION PERTAINING TO RELEASE OF CANAL RESERVATION. Mr. Ford read the resolution which pertains to Woodlands Villas. Councilman Shultz moved, and Vice Mayor Lange seconded, that this should be adopted. Vote taken: all voted aye. Item #8: PENDING LEGISLATION ABOLISHING MUNICIPAL COURTS: Mr. Ford requested that this be delayed for a short time as Judge Johnson had requested and been given permission to speak on this subject also and he was not yet in attendance. Item #9. MAINTENANCE RESTRICTIONS: Review of procedures. Mr. Ford said that, pursuant to action of the City Council in November 1971, in adopting recommendations of the city's auditors, Planes and Burkett, he prepared ;uide lines for suits to release maintenance restrictions, which were to be used by those who at that time it was intended should be helping to work on this. However, there was some argument and confusion and he felt that Council might want to review the matter to see if there is any further clarification needed or change in procedure. Mr. Ford then read the guidelines and Mr. Castenholz read the enjoinder in suit and the disclaimer and release of restrictions. Then a form was developed for bookkeeping so that it could be r Regular Council Meeting 8th March 1972. determined at a glance who did and who did not sign. After establishing plaintiffs and defendants then we would attempt to get a Court decision as to the validity of the restrictions. He would base his attack on the theory of frustration of contractual object .... the object for which it was intended cannot be attained. The Court could determine the restrictions are no longer in force or effect. This would not attack the original validity of restrictions so that, if a particular section wanted to retain or use them, that would be their business. As to the sections in which a decree was ordered by the Court they would be of no further force or effect and would be as if they had never existed. The attack would be only in relation to the lien for maintenance. it would have no bearing on age, fences etc. Each homeowner has an obligation to keep his lawn in order etc., but, as recommended by Planes and Burkett, this could be done on a voluntary basis, within a section. A separate suit would be filed for each section, as each section has its own set of restrictions. The Chief Judge would be asked to consolidate all the suits for purposes of trial. Mr. Midgely, section 6, spoke and said his section would prefer a referendum. Mr. Fink, Tamarac Lakes South, said he spoke for his section who wanted no part of any of this. They like things the way they are. Dr. Flack, section 4, spoke and said his section is predominently opposed to liquidating the restrictions. He would, however, like that part of the restrictions dealing with liens to be reversed so that pre-eminence would be given to the mortgage lien and then the liens for maintenance, but he feels it is necessary for the latter provision to remain in as some power is essential to enforce payments. Mr. Anthony lodged an objection to the method of disposing of deed restrictions. Mr. Zwerin of section 14 wondered if the beautification ordinance could not be extended from commercial properties to individual homes. Mr. Fineberg felt there should be a vote taken from each home owner as to who wants the restrictions removed and who does not. Mr. Lischner, Mainlands 1 & 2, felt an option for selective service would be the answer. Regular Council Meeting 8th March 1972. Mr. Sweet, section 11, wondered if the suit would include those sections that have already accepted maintenance. Mr. Ford said the intention was to include only those sections of the city where the city holds the assignment. Tf any other section wished to join in a suit they could institute their own suit and request for it to be joined with the city. Mr. Higgins, of section 5, said their section has optional maintenance but he would suggest giving the restrictions back to Behring. Mr. Ford said that the developer has no greater legal interest in this than does any single property owner. He said he had previously discussed a number of alternative methods of achieving this but it must be done by a Court order of which everybody has been notified. He would not suggest to Council that they should proceed with a suit for any section where less than 507. are plaintiffs. An enquiry was made from a section west of 9 asking how many people they would require in order to become party to a suit and they were told at least a majority in any section. Marian Wollenweber, Boulevards, remarked they have not accepted the assignment but have allowed each one to take care of their own lawns. However, their problem is that they have 18 delinquents and feel the' city should, as they have the deed restrictions, step in and help to collect from these people the amount owing for lawn sprinklers. Mr. Ford's reaction was that the sprinkler systems should be voluntarily paid for, or if that proves unfeasible, they would have to be abandoned. Mr. Sall enquired if, under the proposals, people would be subpoenaed. He was told they would be served by a summons which binds them to the suit. Their appearance is optional. Mr. Yarnell spoke and brought out the fact that they are having difficulties with their water charges. Mr. Foris, section 4, brought out the point that in his section he felt it had been represented to some residents that if you do not have deed restrictions you do not have maintenance which he felt was not a true statement. He felt people should be given the option of deciding what they want. Mr. Blank, section 7, explained that in his section they have the responsibility of maintaining lawns etc. which they do very smoothly with the help of a paid manager and the work is regularly supervised. He feels that if there are areas where this voluntary program is not PF M r Regular Council Meeting 801 March 1972. working it is the fault of that section. Mr. Glickman, section 12. He also said their section is being voluntarily run ... 40 families declined to join in the program but they have shown pride in their homes and the result is that their homes are just as well kept as any others. He has no objection to a referendum in order to know how we stand in regard to a law suit but he is afraid of the methods which may cause controversy. Mr. Campbell, Tamarac Lakes North, asked why not a referendum. Councilman Johnson said he did not feel a referendum would be understood without an educational program. Miss Lange felt every homeowner has the right to vote and to have a complete explanation without anyone pressuring them. She would be willing to go out to Clubs. Councilwoman Massaro felt Club meetings would not be acceptable in view of their size to enable a clear picture unless more than one were held in each Club. Mr. Klika suggested in order to make a wise choice there should be a list prepared of questions and answers arising from those which have come up today which should be circulated to residents prior to any Clubhouse meetings. Mr. Curran raised another point where a meeting in a section had resulted in a large majority show of approval until people were asked how many of them understood what they had voted on and only about six people said they did understand. Mr. Shultz summarized the city's position and Mr. Planes' recommendation. Councilwoman Massaro fel.t after a list of questions were circulated and meetings held in a Club there could be a determination made as to any residents who had NOT attended and a concerted effort made to contact each of these. Mr. Fineberg said there are many people in his section who are against the restrictions. If his section is not included in this, and their tax money is being used for it, then they are going to have to stop you from taking the matter to Court. The question was raised there will have to be a time limit on all of this or else it could stretch out indefinitely. A suggestion was made that a group of say three people should Regular Council Meeting 8th March 1972. represent a section, get thoroughly briefed by, say, the City Attorney and the City Manager, and then in turn go back and explain it to the people. Mrs. Massaro did not go along with this because she felt there was too much pressure put on those who opposed the ideas of the' Club leaders. Mr. Ford felt this must be taken out of the hands of pressure groups and done by Council and he suggested that they put out say 500/1000 words giving the pros and cons which should be distributed to home owners, and if there are further questions then seminars should be held. Councilman Johnson made a motion that a Memorandum of Facts About the Removal of Deed Restrictions should be compiled by the City Attorney which would tell the story; after that there should be seminars scheduled; and after that then a house to house canvass. Vice Mayor Lange made a motion that such a Memorandum should be prepared by the City Attorney which would tell the story; then there should be seminars scheduled; and finally visits house to house. Mrs. Massaro seconded the motion. Vote taken: all voted aye. The meeting was recessed until 2 p.m. The meeting was reconvened at 2 pm. Item #8: PENDING LEGISLATION ABOLISHING MUNICIPAL COURTS: Judge Johnson did not appear. Mr. Ford gave a comprehensive report on Article 5 which is the judicial article of the State Constitution. He explained that this will be a two-tier system of Courts: Circuit and County Courts and others will be abolished including all Municipal Courts, Courts of Small Claims and Juvenile Courts. Supposedly the reason is to speed up justice but in most Counties there is no problem, including Broward, other than in the Appellate Courts. Dade County has had a problem with their criminal courts primarily because there are not enough criminal judges. What this will mean to Tamarac is a loss of revenue from Municipal courts, which are at present run on a low budget, and a greatly Ll Regular Council Meeting 8th March 1972. increased share of the costs of expensive full time Judges, full time Prosecutors, full time public defenders. In addition to which many of our police force will be required to spend long hours at the beck and call of the Courts before they learn possibly they are not being called as witnesses. There are many "driving under the influence" cases which have been transferred to the County for jury trial. It is a simple matter for a petition to be presented to the judge and he has to grant it. Fort Lauderdale recently made a study and found that in excess of 400 cases were transferred but only 12 went to jury trial. Only 33 went to trial at all and the rest were dismissed without prosecution and the balance permitted to take pleas to lesser charges. Fort Lauderdale lost a great deal of money to say nothing of the people who walked out without prosecution, and the many hours of municipal officers which went into preparing the cases. He does not believe the cities of this County can afford to have their police officers' time wasted in this way. Item #10: INTERCOUNTY SPRAY SUIT: Report by Mr. Castenholz. Mr. Castenholz reported that this suit has been settled at 60% of the outstanding bill by virtue of the efforts of Mr. Ford and himself. ($3,341.07 was the settlement price). Vot_in& Places for 14th.March election were announced by Mr. Cook, Chairman of the Election Board. Item #11: CANAL CLEANING: Vice Mayor Lange spoke strongly against those citizens who are putting garbage into the canals. Not only are they littering but also polluting and oil and grease are going in too. She read the following letter from City Manager: Please be advised that the enclosed ordinance will be stringently enforced by the City of Tamarac and fines will be charged violators at the maximum provided by law. Please note that the ordinance includes provisions not only against littering, but also against polluting. In recent months there have been many incidents when grass clippings were thrown into our canals, and in the past weeks oil or grease has been dumped into the canals or swales of homes, which lead into the canals, creating an unsightly and practically impossible situ- ation to correct. The Catty of Tamarac will: not tolerate such careless or deliberate action by any individual or firm which jeopardizes the beauty and/or cleanliness of our canals. Please review the enclosed fully. Your co-operation in following the dictates of this ordinance will be ap- preciated. Regular Council Meeting 8th March 1972. sent to lawn cutting contractors and those involved in landscaping. Mr. Castenholz reported he has been working on the canals at Woodlands and west with the help of Mr. Dispenza. Rather than use a boat (because we do not have ready access to all canals) we have arranged to borrow a 4 wheeled golf cart type of vehicle. Chemicals have been ordered and we are hopeful that within a week we will be ready to start spraying. In reply to questions he said that the 3-M company has not yet finished its job and will be back. Item #12: MAINTENANCE OF STREETS AND OTHER PUBLIC PROPERTIES: A letter was read from Mr. Nolan to the effect that the physical inspection of these items has not begun as of March 7th. They are presently in the process of securing the various construction plans and hope to start field work early next week. A question was asked re Commercial Boulevard east of #441. Can the city give some idea as to what is going to happen around 31st Avenue and 30th Terrace where it looks as tho they are going to continue from C-13 to Commercial Boulevard. Mr. Castenholz said he would check it out and report back. There was further discussion regarding Commercial at #441 and also at Rock Island and it was explained that studies are being made and will be reported as soon as finalized. The question will be reintroduced at next meeting. Item #13: BUDGET TRANSFER FOR CAPITAL PURCHASE OF TYPEWRITERS ETC. AIR CONDITIONERS. Mr. Castenholz reported that under a previous administration a contract had been entered into for the lease purchase of 5 typewriters and also a radar unit and it is possible he did not have authority to enter into such agreements. He feels it is worth attempting to negotiate a better purchase option clause and then exercise the purchase rights. Out of what we have paid in a year's time only 30% of the rental payment has accrued against the total purchase price. He requested a budget transfer from the contingency reserve to the capital outlay of$5000 which would cover both the typewriters and the radar unit as well as some other small miscellaneous items. He was actually requesting two things: approval of the recommended budget transfer and authority for the city attorney and himself to negotiate a higher purchase option clause and then exercise the purchase rights. Councilman Johnson moved and Vice Mayor Lange seconded that the approval and authority be given. r H.1 Regular Council Meeting 8th March 1972. In reply to a point raised by Mr. Foris, Mr. Ford stated that anything that would be done would be done in compliance with the requirements of the charter. Vote taken: all voted aye. Item #16: LITIGATION. Inter County Spray suit: A report has already been given. Paul Zarcone vs. the City. Plaintiffs filed a motion for a rehear- ing. Their motions were denied and they were given until March 9th to file an amended complaint. Al. Schechter vs. City. No change. Broward Countyvs. City. (suit for water and sewer). We have replied to the County's interrogatories. Case appears to be about ready for trial. Tuthill vs. City and Fox vs. City. Previously reported I had filed to dismiss their second amended complaints. Tuthill case was heard and our motion to dismiss the second amended complaint was granted and they were again granted leave to amend and that has to be in within 10 days. The Fox hearing on the second amended complaint will be this month. Tamarac Homeowners' Association vs_ City. Special Counsel informs me that a conference has been held among the attorneys and the case is scheduled for trial May 12th. House and Garden. Special Counsel has informed me a motion has been filed to dismiss the amended complaint. Shackman et alvs.City. Class suit involving restrictions on Woodlands Section 2 phase 1. We have filed a motion to dismiss the amended complaint. Not set for hearing yet. Shackman_vs. City in the Federal district court involves similar questions. Federal judge has dismissed that suit without leave to amend and the time to make an appeal is now lapsing: I believe April 15th. Altramura vs. City, Appears to be moot. No change. Tallia vs. City. Suit for an injunction and for damages arising out of our building moratorium. A hearing was held on our motion to dismiss and their petition for a temporary injunction. No ruling yet. Regular Council Meeting Sth March 1972. Yostvs. City. Our motion to dismiss is still pending. Not been set for hearing. Danischefsky vs. City. Filed in small claims court for about $240 claim for non performance by the city pertaining to deed restriction house painting etc. We filed a counter claim foreclosing on our lien for about $112 with a motion to transfer to the Circuit Court. Judge indicated if the city's claim were not paid within ten days the transfer would be granted and I assume it will be transferred to the Circuit Court. I am told that Mr. Schechter is going to file a rather large suit against the city for clubhouse rents. Not filed yet. Item #14: STATUS OF CITY ATTORNEY: Mr. Ford stated he had written a letter requesting that his position as city attorney be reviewed at this time. He has personal commitments to make such as office space, associates etc., and in view of the fact that this is a new Council he feels that Council should have the right to decide whether they wish to retain his services or to replace him. Councilman Shultz moved and Councilman Johnson seconded that Mr. Ford should be retained in his present capacity as city attorney. Vote taken: all voted aye. (Applause). Item #15: STATUS OF CITY PROSECUTOR. There was some discussion over the fact that there was no letter from Mr. Parnell. Councilman Shultz moved in opposition to the retention of Mr. Parnell in his capacity as city prosecutor. Vice Mayor Lange seconded. Mr. Ford stated that he had sent a copy of his letter to Mr. Parnell and that in effect both he and Mr. Parnell had tendered their resignations, which he felt should be done when a new Council was in office. At the suggestion of Mr. Castenholz Councilman Shultz amended his motion to read that Mr. Parnell be replaced as city prosecutor. Miss Lange agreed. Vote taken:- all voted aye. Item #17: REPORTS BY MAYOR AND COUNCIL. Councilman Shultz outlined some of the background work which he has r 0 -3 Regular Council Meeting 8th March 1972. been doing regarding transportation in general: the bus service, attempting to get alleviation of traffic problems on #441, trying to get University Drive completed and so on. Tn regard to the latter he mentioned that when all work on this had been completed by Commissioner Whalen the agreement was voided on the grounds that he had not "obtained a good enough deal" on the land acquisition. So now the work has to be started again. Councilwoman Massaro spoke in strong favor of the Beautification Ordinance which she felt was most important, particularly to see that its implementation is carried out, and then she asked Mr. Klika to elaborate on this. Mr. Klika felt that the formation of a Beautification Committee would alleviate the load placed on the Building Department and the Zoning Commission, particularly if that committee consisted of volunteers who were able and willing to devote their skills and time to it. There was discussion as to the procedure to be followed and finally agreed that a group consisting of Councilman Shultz (who agreed to stand in for the Mayor while the latter was out of town) Mr. Zimmer, Mr. Klika and Mr. Castenholz get together and formulate a method of procedure to be brought before a special meeting of council next week. Councilman Johnson spoke advocating the establishment of a park along the south side of Commercial Boulevard to the overpass which he had been informed might cost a million dollars if it were purchased. He said Mr. Higgins will show a plan to his people and he asked the audience to find out the wishes of the people in their sections. He said a public hearing will shortly be held to consider rezoning the land from B-1 (which it presently is) to B-2, but in the meantime if an applicant applies for a permit under B-1 there is nothing to stop it from being granted. Marian Wollenweber said she felt if there were a million dollars around it should go toward the purchase of clubhouses. Mr. Higgins spoke in favor of Councilman Johnson's plan. Vice__Mayor Lange spoke on the sewers east of #441, about which she is very worried. She asked for a temporary moratorium until a report from Mr. Nolan of Williams, Hatfield and Stoner can be thoroughly studied. Mr. Nolan said that while the plant was in generally good condition one of the most important pieces of equipment was inoperable - the recording flow meter. She asked for a resolution authorizing the City Attorney to draw up legislation Regular Council Meeting 8th March 1972. 1 providing for a moratorium of six months until we know where we are going. Councilman Shultz seconded the motion. Vote taken: all voted aye. Mr. Foris spoke and referred to a letter the Tamarac Homeowners' Association wrote in July asking what steps Council would recommend the Tamarac Homeowners' Association should take in order to get a special assistant attorney general appointed to look into the findings of the State audit and the City audit in pursuit of criminal or civil suits. Still waiting for Council action. Item #18: REPORT BY MR. CASTENHOLZ: He advised the city is now down to one police car plus the van having unfortunately lost one car in an accident at Commercial and #441, an investigation of which was conducted by the Florida Highway Patrol. The other driver was cited: ours was not. We are covered by insurance. However, he would like to go for a bid for one additional unit and is asking for authority to advertise for bids. Moved by Councilman Shultz and seconded by Councilwoman Massaro that Mr. Castenholz be authorized to advertise for bids. Vote taken: all voted aye. He also said the _fire agreement expires 14th April and negotiations should begin immediately. He requested City Council authorize the Mayor, the City Attorney and himself to negotiate fire contracts for an additional year. Motion by Councilman Shultz, seconded by Vice Mayor Lange, that this be authorized. Vote taken: all voted aye. Tamarac Utilities. Mr.'Castemholz has reviewed their current franchise and considers it not to the best interests of the city. Tt calls for specified percentages of their gross revenue to be paid to the City but it allows them to take a credit for all taxes, fees, permits etc. they pay to the city from the franchise so they deduct amounts of the ad valorem tax plus all permits that are charged to them. The franchise fees are added to the bills as a separate and distinct item. Mr. Castenholz feels the City Attorney should be instructed to make known our wishes to Tamarac Utilities and see if he can negotiate a better water and sewage franchise. Councilman Shultz moved and Vice Mayor Lange seconded that the city 1 Regular Council Meeting 8th March 1972. 1 attorney be authorized to confer with Tamarac Utilities. Mr. Foris asked if there could be included the question of certain sections west of the turnpike being charged for metered water for their sprinklers. Vote taken: all voted aye. Financial Statement. Mr. Castenholz commented he had recently given a statement of revenue and expenses for the four months ending February 29th to members of Council and he realized they had not yet had time to study it. Although we are one third of the way thru the year (November/February) we had expended 27% of our estimated budget and received 54% of our estimated revenue. Of the highlights our budgeted revenue was $743,905 and our actual $403,554. We have exceeded our budget in several areas: occupational licence fees received to date are $8000 more than the year's budget and we anticipate ending the year considerably less than our budget provided for in spending. Mr. Reid requested information from Council as to what the city intends to do regarding the amount of $736.37 which he feels the city should have collected for Clubhouse taxes of his section. They have the money to pay three quarters but not the fourth and he considers it the city's job. Mr. Castenholz stated, and this was confirmed by Mr. Ford, that the city has not collected nor does it have any plans to collect, and it feels that the matter will have to be decided between that section and the Clubhouse owner. _Ad Valorem Tax exemption. Mr. extract from a letter from Mr. Broward County: Castenholz read the following William Markham, Tax Assessor, "Re: 1972 Exemption Application. As you know, the exemption laws of Florida were materially changed by the 1971 Legislature in Tallahassee, and these changes can possibly affect the status of your property's exemption in 1972. The Legislature has directed that you must use your property "predominantly" for exempt purposes for it to receive any exemption. This means use of the property for exempt purposes in excess of 50%. Exempt uses are defined as educational, literary, scientific religious, charitable or governmental. "Charitable purpose" is a function or service which is of such a community service that its discontinuance could result in the allocation of public funds for the continuation of the function or service." R10 Regular Council Meeting 8th March 1972. He had contacted Mr. Ford to see if he agreed with him that possibly the Clubhouses might qualify. He did agree and he requested that Council give authority to Mr. Ford to work with the sections to develop the necessary information for the sections to make application for exemption. Councilman Shultz moved and Vice Mayor Lange seconded that this authority be given. Vote taken: all voted aye. There being no further business the meeting adjourned at 4.30 p.m. Attest: City Clerk 1