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Home My WebLink About1991-04-17 - City Commission Special Meeting Minutes@x- ۥR( � P t P t t Pt Pt Pt Pt P� * *� - � P� P� P� P� P� P: � P: Q QA ORO R( w R{ R{ R{ R{ R{ R{ R{ R{ R{ R{ R{ R{ R{ R4 � R� R� R CITY OF TAMARAC CITY COUNCIL SPECIAL MEETING WEDNESDAY, APRIL 17, 1991 CALL TO ORDER: Mayor Abramowitz called this meeting to order on Wednesday, April 17, 1991 at 9:00 a.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 Alan F. Ruf, City Attorney Dina McDermott, Assistant City Manager Kelly Carpenter, Director of Community Development Pat Marcurio, City Clerk's Office Manager Meg-Ellen Grimes, Secretary *********************************************************************** EDITOR'S NOTE:Portions of these tapes were inaudible. 1. MOTION TO ADOPT Temp. Reso. #6041 removing deed restrictions relating to food and alcoholic beverages at MAINLANDS CENTER placed on the property in 1978. (located on the northeast corner of University Drive and NW 58 Street) SYNOPSIS OF ACTION: See Page 6 for final action. Mayor Abramowitz said originally the Petitioner had requested a meeting with each individual Council member which was set up. He said in the interim, City Manager Kelly said that there were a couple of items that had to be addressed at a Special meeting. He said he requested the Legislative Aide to call the Petitioner, Mr. Cassas, who unfortunately is blind and changed the appointment, which presented a serious problem because he needed someone to drive him to City Hall and this is the meeting. Mayor Abramowitz said Council has put Mr. Cassas on the Agenda and if he arrives, and he objects to this type of meeting and would rather meet with each Council member individually, he may do so. He said Item 1 regards Mr. Cassas, who is not present at this time. 2. DISCUSSION regarding the functions of the Planning Commission. SYNOPSIS OF ACTION: The Director of Community Development will prepare a Memo of Understanding that will describe the qualifications for positions for Planning Commission members. Investigation must be done to determine what is involved to change the number of members from 5 to 7. Kelly Carpenter, Director of Community Development, said it is time to make appointments to the Planning Commission. She said in view of that opportunity, she and City Manager Kelly thought it would be a good idea to hold a discussion about how the State Law and the Code present the responsibilities of the Planning Commission and how Staff can best address those responsibilities by the types of people that are appointed to the Planning Commission. Ms. Carpenter said the local Planning Agency is a required agency under Chapter 163 of the State Law which sets forth the Comprehensive Planning requirements. She said the local planning agency is the actual group charged that the preparation of the plan. She said Staff prepares a plan, but some group needs to be responsible for bringing it through the process and advocating it. She said the Law allows the local government to designate basically whomever it wants to be the local planning agency. Ms. Carpenter said in most jurisdictions, the local planning agency is designated as either the Staff or the Planning Commission. She said Council is free to designate it as themselves in which case, Council does away with that buffer or group that is supposed to ferret out issues and understand what the concerns of the community are before the Plan goes to Council. She said she feels Council has served the community well by choosing to have the local planning agency designated as the Planning Commission. Ms. Carpenter said the Comprehensive Planning continues because the Plan needs to be continually evaluated according to the State Law and according to the City Plan and will be amended from time to time, both text and map questions and the local planning agency would be responsible for bringing those forward to the City Council after opening up the issues and hearing them in front of the public. Ms. Carpenter said the City has a local planning agency currently designated at the Planning Commission which deals with comprehensive planning issues. She said the City has, under the State Law, a Land Development Regulatory Commission which, for Council is free to designate whomever it wants. She said Tamarac has chosen to designate the Planning Commission as the Land Development Regulatory Commission and their responsibility is to promulgate and review any change to any regulation dealing with the development of land or water within the City's jurisdiction. Ms. Carpenter said any changes to the Code that would affect the development of land, engineering, planning, platting, landscape requirements, by the Law, are required to go through the Land Development Regulatory Commission for a recommendation to the City Council. She said she feels the City has chosen wisely to vest this in a Planning Commission. Ms. Carpenter said the Code also makes requirements for the Planning Commission which are to recommend to the City Council, action to be taken on matters as they concern beautification and conservation. She said the requirements are the overall appearance of the City, long range plans for beautification and review of site plan landscaping. She said these are basically what were given to the old Beautification Committee years ago and these functions have been assumed by the Planning Commission. Ms. Carpenter said in other sections, both the Site Plan Chapter 10 and the subdivision Chapter 21 give review powers of site plans and plats to the Planning Commission who sit as a recommending body to the Council on all of those issues. Ms Carpenter said the structure as it is currently set forward is the way the structure needs to be. She said she feels that a Planning Commission has the role of not only reviewing what Staff brings forward, but of ferreting out issues if they possibly can and helping the public understand the issues so that matters of concern can surface sufficiently ahead of a Council meeting so there is time for everyone to understand and deal with it. Ms. Carpenter said Staff has made internal proposals concerning some reorganization of the Planning Commission to be discussed at a later time. She said one of the bottom line factors state that the City needs to try to appoint people which have expertise in certain areas of professional practice so that the City can utilize their expertise to better the role of the Planning Commission and to bring better information forward to Council. Ms. Carpenter said Staff has identified several areas which they feel will be helpful and the legislation that the Staff will be proposing will require that the Planning Commission be experienced from these groups. She said Staff would like expertise in the following: Urban planning, law (preferably land use or environmental law), civil engineering, environmental science, actual development of land (land developers), real estate and neighborhood association for dissipation (someone appointed to represent a neighborhood point of view). C/M Katz asked if the City had a Planning Commission of seven prior to reducing it this past year and Ms. Carpenter said, yes and she does not recommend the City increase the members back to seven. C/W Glasser asked what Ms. Carpenter's objections are to seven. Ms. Carpenter said Staff has found that five is a more manageable number and most of the time Staff has not always had a substantive look at the issues by the Planning Commission. She said it seemed that by reducing it to five may allow them to have more time and opportunity to speak. C/M Katz said the prior seven did not have the qualifications and expertise that Staff is allowing for at present; therefore, in the event that the City increased to seven and they did have the qualifications and the City establishes the criteria, these people should be able to give Staff a better input with a wider range of expertise than five not knowledgeable. Ms. Carpenter said she does not object to seven. Mayor Abramowitz said if the City is mandated to have seven, but does not have seven people with the qualifications, Council will have to name people to fill the seven seats regardless. He said the purpose of this is because when an issue came up, everyone would generally have the same thing to say and an issue that should have taken 20 minutes to complete would take 2�1/2 hours. He said his concern is with the amount of time Staff sits through this time period. V/M Bender said he is uncomfortable with only five members due to absences and one alternate. He suggested that the solution may be to have a couple alternates so that there is always someone available to have at least five present. Mayor Abramowitz questioned having five members and three alternates all present and if an alternate joins in the discussion, whether it would effect the legality of the decision. He said the Resolution states five with one alternate and the purpose of having an alternate is to address the situation when a regular member is not present. V/M Bender said conversely if the two alternates appointed had the expertise that is needed, they should be available. He said he feels discussion by the alternates does not hurt as long as they do not vote. Ms. Carpenter said she is uncomfortable having an alternate sit as a part of the Planning Commission and be able to influence as a member of the Commission without actually voting. She said she prefers that if they are an alternate and they are not part of the proceedings that they sit as part of the audience. V/M Bender said he does not feel it would hurt the City to have the professional input from the alternates, if available. Ms. Carpenter said she is not convinced that the City can find all of these in Tamarac. C/M Katz said he had suggested the City publicize the fact that there are vacancies to certain Boards and Committees so that people would recognize that vacancies exist and the City is looking for qualified people. He said he feels more qualified people have been applying for those positions. He said he feels that the City should go back to seven members on the Planning Commission if the qualified people are available. He said he feels this affords the opportunity of better input for the City. C/W Glasser asked if the City can legally list the qualifications on the applications and Ms. Carpenter said the City can either amend the Code description of the requirements or do it by Resolution. Ms. Carpenter said she feels the City needs to publish it and make it official. C/W Glasser said she feels there must be enough qualified people in the City of Tamarac to fill these positions. She asked how political the appointment is going to be. Mayor Abramowitz said that will be up to the Council to decide. He said the City does not have to have a Planning Commission by Law. He said the Planning Commission can be abolished by a Council vote. C/M Katz said he feels some of the political motivation would be eliminated once proper criteria has been established for the appointment. Mayor Abramowitz asked what happens if the City does not get people who fit into the job description and C/M Schumann said these are only guidelines. C/W Glasser said if the requirements are expressed on the application, there will be people who do not have the expertise who will be reluctant to fill out the application. Mayor Abramowitz said it will benefit the City to have members who fall under the requirements. C/M Katz said he has a list at present of people who were qualified that were never appointed to the Planning Commission and have been contacted again who are willing to serve at present and they have the proper credentials. He said he would like Council to allow seven members for the City to get the best qualified and the broadest opinion of people to serve. City Manager Kelly said he has suggested in the past that each member of the board has the right for an appointment, but the others vote on it. He said this is how the County handles their selections. Mayor Abramowitz said he would like Ms. Carpenter to go through her explanation and let Council think on it for awhile. C/M Katz said time is of the essence and appointments are to be made shortly. He said he feels that whatever recommendations and suggestions are going to be made, should be put into practice so that the appointments that are scheduled soon, can follow them. Ms. Carpenter said the only issue would be the changing from five to seven members would require an amendment to the Code. She said Council could submit by memorandum their intent to select members with some list of criteria and use it this year and this could be codified at a later date. C/W Glasser asked if Council can meet as a group and hold interviews with the applicants, have Ms. Carpenter present at these interviews, and then choose from that lot, but collectively be able to discuss it rather than each one having an appointment. Mayor Abramowitz said the City would need to hold a posted meeting. C/W Glasser said she has no problem with holding an open public meeting, but a more intelligent choice could be made by Council. Mayor Abramowitz said the applicants put their qualifications on the application and he has never met anyone who underestimates their qualifications. He said this type of interviewing is going to take time. He said it was his opinion that the appointments to the Planning Commission are to be on the next agenda. He asked if Council can hold off the appointments for another meeting and set up these interviews for the appointment. Discussion was held on the period of time for the interview session. C/M Katz said he feels Council should allow the appropriate appointments while building is slow. Ms. Carpenter said the notion of interviewing the candidates is a good idea. She said her concern is that if it is done in a public workshop setting, some people that might come forward will restrain due to being shy and not wanting their past work history discussed in public. She suggested that one individual be a sponsor or advocate for several people and interview those people. C/W Glasser said she does not agree and feels that the people who are not qualified are not going to come forward. She said she feels those who have some sort of background, not necessarily a college degree, but a life-long working record can relate to this position will come forward. V/M Bender MOVED to TABLE this for one more meeting to set up a procedure. Mayor Abramowitz said he would like to call another meeting at the beginning at the week to discuss this. City Manager Kelly asked what is being tabled. V/M Bender said he is postponing the appointments to give Council enough time to set up a schedule. Mayor Abramowitz said this is on the agenda for discussion. He said Council needs a Consensus of Opinion. Ms. Carpenter said it is her understanding that Council would like a memorandum of understanding from Staff that would describe qualifications and set forth a process that would be brought back before Council in the near future in anticipation of making appointments by May 8, 1991. Mayor Abramowitz said he would like Council to have this information by the weekend for Council to read and understand it for discussion at the next meeting. C/M Katz said he would like to see what is involved in bringing seven members back to the Planning Commission. Melanie Reynolds, resident, said she feels that Council needs to go back to the Charter because Council cannot change things without Referendum if the Council is going to change them contrary to the Charter. C/M Katz said based on this point, when Council changed it from seven to five, it was illegal; therefore, changing it back would make it legal again. Ms. Reynolds said the Charter states there will be five members. CONSENSUS OF OPINION: ALL AGREED Joe Schreiber, resident, said Mayor Abramowitz is part of the reason that the Planning Commission does not function. He said Mayor Abramowitz purged several people from qualifying and replaced them with political appointments who had no business being on the Planning Commission. He said there is definitely a need to go through a procedure to attract many qualified people who are available but have never been asked or sought out. He said if Council develops a system where a Planning Commission will function it may very well eliminate the need for a paid Planning Department because the Planning Commission should not only rule on meetings for zone changes and other subjects, but should come up with recommendations to move forward to improve the procedure of building and development in the future. Mr. Schreiber said the current and past Planning Commissions were never informed of what duties that they had but to discuss the item on the agenda and come to a decision. He said they did not know that they have the right to come up with development recommendations because all of this was handled by the Community Development official. He said he feels this is a step in the right direction. City Attorney Ruf said he and Ms. Reynolds disagree that it requires a Charter amendment to change the number of members on the Planning Commission. He said he feels it only requires an Ordinance change. 1. MOTION TO ADOPT Temp. Reso. #6041 removing deed restrictions relating to food and alcoholic beverages at MAINLANDS CENTER placed on the property in 1978. (located on the northeast corner of University Drive and NW 58 Street) SYNOPSIS OF ACTION: Agendized by Consent. (See Page 1) TABLED after discussion was held. Mayor Abramowitz said a request was made by City Manager Kelly that a Special meeting was needed to handle some subjects that needed addressing and Mr. Cassas was scheduled to this meeting to allow him to talk to all members of Council at the same time. He said if there is any objection by Mr. Cassas to this type of discussion, Council can remove it from the agenda and have discussions with Council individually. TAPE 2 Mr. Cassas said he has no problem discussing this with everyone at present. City Attorney Ruf read Temp. Reso. #6041 by title. Mayor Abramowitz said he did not know that this was the subject of Mr. Cassas' request to talk with Council until yesterday. He said he thought Mr. Cassas was going to discuss five trees in front of his property that the State insists he remove. He said this has been a discussion for over a year. He said he does not intend to make any action on this until he has a thorough research done on it. Ms. Carpenter said it is her intention to treat this as if it were any other delegation request coming before Council. She said this is an application, Petition #24-Z-91, by Nick Cassas to remove deed restrictions prohibiting food and alcoholic beverage consumption at Parcel A, the Mainlands Tamarac Lakes 9 section, located at the northeast corner of University Drive and NW 58 Street. Ms. Carpenter said this property has five mature mohagany trees which the City has worked diligently to protect and may have been saved to be moved to City Hall. She said the applicant is requesting the elimination of a restrictive covenant which was accepted by the City on March 29, 1978. She said the covenant reads as follows, "No commercial activity shall be carried on upon any of the foregoing described lands which shall have the preparation, storing or stocking thereon of food products of any kind or description nor the consumption of alcoholic beverages on the premises." She said the covenant, as written, was to remain in effect until March 1, 2008. Ms. Carpenter said this covenant was set forward and accepted by the applicant as a condition of zoning and was Case No. 16-Z-77. She said the request was from B-l to ROA but it remained B-l. C/M Katz asked what the difference is between B-l and ROA. Ms. Carpenter said ROA no longer exists. She said it was a residential office district. She said the removal of this covenant does not provide the applicant the ability to install a restaurant at the plaza because another section of the Ordinance is applicable which requires a 100 foot separation from the Bay in which the activity occurs and the nearest residential property line. She said there is no place in the center where this can be achieved. She said this would also apply to the on-premises consumption of alcohol in a restaurant. She said the lifting of this covenant does not affect consistency with the Land Use Plan and it is not a use issue under the Comprehensive Plan. Ms. Carpenter said if this covenant is lifted, the deli in a restaurant and a bar in a restaurant would still not be allowed; however, the lifting of this restriction would allow grocery stores under 5,000 square feet, carry- out foods with no kitchen preparation, candy stores, ice cream stores, fruit stores, package liquor, meat markets, soft drink stands, retail bake shops with limited preparation and a cocktail lounge by a special exception. Ms. Carpenter said all of these uses would be allowed in B-l if these restrictions are lifted. She said Staff would not have an objection to any of these uses being allowed at that location. She said the historical objection had been from the neighbors to the east concerning the potential road use if there was to be food prepared in this shopping center. She said Mr. Cassas is requesting these restrictions be lifted so he can put the uses read previously into that shopping center. Ms. Carpenter said Staff had taken the position of no recommendation because in a case like this of voluntary restriction, Staff likes to place the responsibility for proving the case on the applicant. She said the Planning Commission voted to deny the request. She said she feels the Planning Commission felt that alcohol consumption and restaurants at this location were not in the interest of the neighborhood. Nick Cassas, owner, said he bought the land on 1971 and, when he lost his eyesight in 1975, he decided to build a shopping center there to supply some income to himself. He said when he went before Council to get a permit to build in 1978, Helen Massaro had told him that he would not get a permit to build because the front 47 feet of the property had to be turned over to the City. He said Ms. Massaro coerced him into signing a deed restriction allowing her to keep him from selling any food on the premises and in return she allowed him to access a building permit to build the present building on that location. Mr. Cassas said he is asking Council to put him back in the position that he would have been in the B-l zoning category which it was and still is at present. He said he has empty stores at present and has had convenience stores who have requested the space and he told them they were not permitted. He said he feels it is unfair and it is contract zoning in his opinion to be denied the use of his B-l property as B-l when he did not do this in a voluntary effort. Mr. Cassas asked why he would volunteer to restrict the use of his premises to sell whatever possible legally. Mayor Abramowitz said he feels he is aware of the situation of the outside world. He said he has heard the presentation of Ms. Carpenter as well as Mr. Cassas' remarks. He said he was not present at the time the situation took place; however, he will not vote on this until he has the opportunity to sit down with Ms. Carpenter and review this. He said there are questions that he wants answered and to have the ability to formulate his thoughts on this. He said when everyone on Council has the opportunity to voice their opinion, he is going to ask that this item be tabled for further review. C/M Schumann said the past minutes indicate that City Attorney Ruf was involved with it and there is some discussion regarding a Certificate of Title on the property. He asked if that Certificate of Title was ever produced. City Attorney Ruf said, yes. He said he feels the only reason a Certificate of Title was requested was to know that the City was getting the restrictive covenant from the property owner. C/M Schumann said he notices that the Declaration of Restrictions is signed by Mr. Cassas, but is also Stan Macca Corporation. He asked if they were record owners of the property. City Attorney Ruf said they were at the time and Mr. Cassas said he has now put the property in a trust for his children. He said he took it out of the corporation and put it into the trust. C/M Katz said in deference to some of the accusations made against Helen Massaro and the Council that existed at the time, he would not want to vote on this unless he had the opportunity to speak to the people involved and research the record as to the time that this voluntary restriction was developed. He said he cannot make an objective decision on a one-sided statement without hearing the opposing side or reading all of the documentation available regarding this. C/W Glasser requested the listing of the allowable businesses to review and said she would like to visit the residents of that area to find out their feelings on the subject, then she may be able to make a proper decision. Mayor Abramowitz requested that Ms. Carpenter be available for Council to discuss this matter with her on an individual basis. V/M Bender said that location has restaurants and food stores all around it. Mayor Abramowitz said the only thing is that those places are not 100 feet away from the residents. Mr. Cassas said this restriction prevents the drug store on the premises to sell candy or anything. C/W Glasser said she understands the dilemma; however, she would like to get a list of the permitted uses of B-l. Mr. Cassas said he is only requesting the same rights that everyone else in a B-l zoning category is allowed. Ms. Carpenter said Staff had taken a position in the Planning Commission meeting of no recommendation because Mr. Cassas had not made his case. She said his having made a case through his agent to the Planning Commission, Staff does not object to the lifting of the restriction. She said the neighborhood is protected from the restaurants and the on-premises consumption of alcohol in the restaurants by other provisions in the Code having nothing to do with this deed restriction. City Attorney Ruf said the people in that neighborhood at that time were having trouble with the shopping center that had the big supermarket, so they invisioned that they were going to have as much trouble on the west as they were on the south. He said the City has put a lot of things in place over the past 13 years in terms of daily pickup of garbage and other things which have alleviated many of the concerns. He said those people need to be consulted. Mayor Abramowitz MOVED to TABLE Temp. Reso. #6041, SECONDED by C/W Glasser. VOTE: ALL VOTED AYE 3. MOTION TO ADOPT Temp.Reso.#6039 approving a contract with Infilco Degromont, Inc., for the direct purchase and delivery of the 8 MG Accelator for the Water Treatment Plant Upgrade in the amount of $279,800.00, as previously approved and funded by the City Council on February 13, 1991. SYNOPSIS OF ACTION: TABLED City Manager Kelly said Staff recommends this item be tabled. C/M Schumann MOVED to TABLE Temp. Reso. #6039, SECONDED by V/M Bender. VOTE: ALL VOTED AYE 5. DISCUSSION regarding an agreement between the City of Tamarac and the City of Sunrise for natural gas (tentative if Sunrise representatives are available). SYNOPSIS OF ACTION: Discussion was held but no action was taken. City Manager Kelly said in the past, Tamarac was advised by the City of Sunrise that there had been an expression of interest by the Tamarac people near the Visual Graphics area of providing a gas service. He said he felt this would be an ideal opportunity for the City to provide this service working with the City of Sunrise and that it would be advantageous to the economic development of Land Section 7 as well as the cost and the safety. City Manager Kelly said when he first briefed the department heads about the proposal, the Fire Department was in favor of the safety of natural gas as opposed to propane. He said Staff feels this is a wonderful opportunity for both cities to get engaged in this proposal. He said Assistant City Manager McDermott met with the representatives to discuss this. Assistant City Manager McDermott introduced the representatives from the City of Sunrise who were Harry Zehender, Gas Superintendent in the City of Sunrise, who is in charge of the natural gas in Sunrise; Don Sidebottom, Assistant General Superintendent of the Gas System. She said she and Mr. Zehender have been negotiating the contract with Jeff Olson, Assistant City Attorney of the City of Sunrise. She said Mr. Olson was not available for this meeting. Assistant City Manager McDermott said this is an agreement between the City of Tamarac and the City of Sunrise to provide natural gas. She said Sunrise owns and operates a natural gas utility and has the ability to expand its service to Tamarac. She said this is an agreement to sell natural gas service in phases starting in one section of Tamarac and then expanding as it is being installed. Assistant City Manager McDermott said the suggestion is being made to begin in western Tamarac including the Land Section 7 area, bounded west by the Sawgrass Expressway, east by Pine Island Road, south by Commercial Boulevard and north by McNab Road. She said this agreement provides for Sunrise to come into Tamarac, construct, install and maintain a natural gas system in the City of Tamarac for commercial users, residential users and land developers. Assistant City Manager McDermott said if the City of Tamarac implements a utility tax for the benefit of the City, Sunrise will collect the money and remit the tax money to the City of Tamarac. She said as the contract was being negotiated, drafts of the contract were sent to Council for their review. She said the concern of Council was the terms of the contract and how long Council would be interested in entering the agreement. Assistant City Manager McDermott said standard franchise agreements go anywhere from 15, 30 to 50 years. She said this agreement is for 20 years which Council may wish to discuss. She said the original discussion was a 1% charge by the City of Sunrise to the City of Tamarac for monthly proceeds, not monthly gas sales. She said there is a differential. Mr. Zehender said the City of Sunrise is very happy to have the opportunity to share an energy source with the residents of Tamarac that will be an economic and environmental benefit to the residents and the City of Tamarac. He said Sunrise is hoping this will be a long-range agreement between the two cities. Mayor Abramowitz said he is disturbed by the boundaries. He said the limitation contractually on the boundary is the least populated area of Tamarac; therefore, Sunrise may look at the revenue generated from this area and they may not be happy to enlarge the service. He said he has been hearing about Land Section 7 for the past 15 years and the City has not received anything from it. He said he does like the idea of having natural gas coming into Tamarac; however, he would like Sunrise to understand that the area chosen does not have much happening. C/M Schumann asked the difference between 1% of monthly sales versus 1% of the monthly proceeds. Mr. Zehender said if they take a $100.00 utility bill and tax it 10%, 3% on the 10% is $.30 and 1% of the total bill would be $1.00. He said the utility tax that Tamarac would want to add would be Tamarac's option. C/M Schumann said the contract at 6.2 states that Sunrise will retain 1% of the monthly gas sales as a monthly service charge. He said the administrative fee says that the discussion is about a 1% monthly bill and not the monthly gas sales. He asked if this is still up for discussion. Assistant City Manager McDermott said that is one of the items with which the City Manager in Sunrise came back to Tamarac on the 1% of the monthly gas sales. She said her concern was the original discussion of the contract as they were talking about one to three percent of the monthly proceeds. She said there is a difference. She said she wants to be sure that Council has the ability to discuss it and the City can negotiate the terms. Mayor Abramowitz said there is a big difference which is money. C/M Schumann asked what does the City does if the utility tax does not go in, then who collects what and how. Mr. Zehender said if the City does not choose to have a utility tax then there would be no revenue. V/M Bender said there are two options which are a utility tax or a franchise tax, which are different. City Attorney Ruf said 6.3 of the contract appears to be a waiver of the franchise fee. He said this contract is constructed so that a franchise fee is waived. He said this is all negotiable. V/M Bender said if Council goes with a utility tax, then there is no need for 6.3. City Attorney Ruf said often a utility tax and franchise fee are collected. Mayor Abramowitz asked if he had a bill of $100.00 and the utility tax on the bill is $10.00, what is Sunrise looking to get 1% of. Mr. Zehender said the 1% would be on the total revenue of the bill which would be $1.00. He said it depends on what Tamarac wants to tax. He said if the City wants to tax 10%, Tamarac would receive $9.00 and Sunrise would receive $1.00. Mayor Abramowitz said he understands that Sunrise is supplying the product and the customer is paying them for the product. He said the difference is, as an example, that he has $100.00 worth of usage and the City of Tamarac has instituted a tax which equals $10.00. He said Sunrise has contractually stated that they want 1% for collecting the money and then give the balance of the money to Tamarac. He asked what Sunrise is getting 1% of. He asked if Sunrise is getting 1% of the accumulated usage and the fee or 1% of the fee alone or what. Mr. Zehender said it would be 1% of the total sales which includes a franchise fee if it is applied by Tamarac. City Attorney Ruf said this states that Sunrise will be getting $1.00 whether it is 1%, 3% or whatever. Mr. Zehender said it would be $1.00 off of a $100.00 sale. Discussion was held regarding the percentage differentials of the franchise fee and charge by Sunrise. C/W Glasser said if the $110.00 is paid, Sunrise will refund Tamarac $9.00 and all agreed. Assistant City Manager McDermott said the $100.00 cost is to pay for the gas. Mayor Abramowitz said that is fine, but they are not charging for that service. C/M Katz said Sunrise is not getting 1% of the franchise fee, but 1% of the sale of the product. Further discussion was held regarding the 1%. City Attorney Ruf said it is on the gas sales and does not include the franchise fee. Mayor Abramowitz said if Tamarac puts a 10% franchise fee on this, then the City will be getting 10% less what Sunrise will charge for the cost of sales. Assistant City Manager McDermott said if Council reads Section 6.2, the last sentence states that if the utility tax is levied, the tax shall be charged directly to the customer on the customer's monthly bill on a separate line from the monthly gas charges. City Manager Kelly said in Section 6.1, it states that the rates shall not exceed the rates charged customers within Sunrise municipal boundaries. Mayor Abramowitz asked if the separate line item is a requirement by law. C/W Glasser asked what Tamarac is actually being charged for the gas and Assistant City Manager McDermott said the rates are attached. C/W Glasser said the contract also states something about constructing a facility. She asked what kind of facility this would be. Mr. Zehender said this refers to the servicing of the customers. Mayor Abramowitz asked what would happen to those customers who would not want to use the service anymore and C/M Schumann said they would disconnect what is in there. Mr. Zehender said there would be no problem with that. Mayor Abramowitz said he feels the commercial establishments will be very enthusiastic about this. C/M Katz asked who would be responsible for the bad debts. He asked if Sunrise, as the seller, is going to be responsible and if Tamarac has any contingent liability. City Manager Kelly said under Section 6.1 it states that Sunrise shall advise Tamarac in writing of any public hearing on rates at least four or five days in advance. V/M Bender asked if Sunrise has any limitations or restrictions on expanding this into other sections of Tamarac and C/W Glasser said it states after one year. Assistant City Manager McDermott suggested this be started in phases. She said her concern is that Tamarac start it in an area and let Sunrise get the work going and there is a connect point on Commercial Boulevard at Nob Hill Road in the City of Sunrise that they could begin this program immediately. She said she was also concerned that if they began installing in half of the City and Sunrise or Tamarac has a problem and they cannot expand fast enough. She said she would like Council to be aware of the program as it is going and be able to agree on additional phases. City Attorney Ruf said he feels Tamarac needs to address Section 6.2 and 6.3 very carefully. He said Council may want to think on these items as well as 6.1 and the terms of the contract. C/M Katz asked if Tamarac would be better off getting immediate revenue if it were proposed for an area where Council can assume that someone would be willing to be connected rather than wait for it to be connected at a future date. He said he feels that if Tamarac is going to get involved, the revenue is important at present and the immediacy of connecting to an area where the users will want to connect would be a priority. Mayor Abramowitz said if Sunrise were to move eastward to University Drive, it would be a large area of revenue and C/M Katz agreed. Assistant City Manager McDermott said the target area was the Visual Graphics area. C/M Katz said if Tamarac needs the revenue, then Tamarac should get the revenue now and not wait for some future time. Mr. Zehender said in going into an existing shopping center or a business area which already has gas customers in it, they are on propane gas. He said it would take a little longer to approach them and sell them natural gas as opposed to the propane gas. He said Sunrise would not be able to mandatorily take the account over. Mayor Abramowitz asked if this would be a problem for Sunrise to project themselves to University Drive. He said the boundaries on the north and south are set at Southgate Boulevard versus Commercial Boulevard. He asked if moving east from Pine Island Road to University Drive would be a problem. Mr. Zehender said it depends on what Council wants for Tamarac. V/M Bender said he feels Council would want to get into an area of high potential and the center of the heart would be University Drive. C/W Glasser said she feels that everyone is wanting it to come into the Pine Island Road area of Land Section 7 and Visual Graphics, but continue to University Drive. City Manager Kelly said the easiest and least disruption to the residents is to go across the street by servicing Visual Graphics who has already expressed an interest. V/M Bender said he feels that Tamarac wants to see some results and revenue as soon as possible by putting the gas line into an area which is conducive to customers applying for gas right away. Mayor Abramowitz said no one is saying that in 6 or 8 months that Sunrise has to do everything on University Drive. He said everyone is saying that this is an agreement and to take away the limitations and expand it to University Drive. Assistant City Manager McDermott said Council is looking to continue on Commercial Boulevard east to University Drive, University Drive north to McNab Road. She said the agreement provides for McNab Road. Mayor Abramowitz asked why not take it to Southgate Boulevard. V/M Bender said if Sunrise is not objecting, why not put it into the heart of the City. He asked if Sunrise is capable of supplying the gas to that amount of area. Mr. Zehender said Sunrise needs to know that the customers are willing to utilize the natural gas utility. He said after a six month period, he could have his marketing person do a survey and find all of the potential customers. Mayor Abramowitz said Council cannot legislate someone being a customer. C/W Glasser asked why the survey cannot be done at present. Assistant City Manager McDermott said it is very expensive to install that system. C/M Katz said the feasibility study can be done now. Discussion was held regarding this. C/M Schumann asked if there is any gas piping anywhere in Tamarac that Sunrise is aware of and Mr. Zehender said, no. City Manager Kelly said part of the rationale about the utility tax is it will also affect propane gas. He said those commercial properties using propane gas will have more incentive to switch to natural gas which is safer and less expensive and provides revenue. Mayor Abramowitz said he would have no hesitation on a utility tax. C/M Katz said Council could put a franchise tax on propane as easily as the natural gas which would allow a more even competition between Sunrise supplying natural gas and Peoples Gas who is supplying propane gas. He said he does not see a problem in applying a franchise tax. Mayor Abramowitz said there is a problem because there could be 10 different companies coming into the City and applying a franchise tax would mean they would need a franchise to come into the City to operate. TAPE 3 Mayor Abramowitz said the person would have to approach the City and request a franchise agreement. He said with the utility tax, there is a bill which can be managed much easier. C/M Katz said the City has approved Judy Yacobellis, Occupational Licenses, to be added to the Code Enforcement Department and anybody that has gas available to them, the City could enforce a franchise tax to the supplier which could equalize their leverage in approaching a potential customer. He said the City would be starting out on an even situation where the natural gas franchise tax would be exactly the same as the supplier of propane and then it becomes a case of convenience. Mayor Abramowitz said he is against putting in Ordinances and Resolutions that are not enforceable because that creates more problems. He said the City has garbage companies who are licensed in the City who have never picked up any garbage in the City. C/W Glasser asked what the difference of cost is between propane and natural gas. Mr. Zehender said propane is close to $1.10 for the same amount of energy as natural gas would be available at $.70. C/M Katz said if the City starts with a franchise tax similar to what the City is looking to impose on natural gas and impose it on the propane gas, he does not see a problem in Sunrise being able to sell their product. He said he would prefer to have one supplier in the City as opposed to having 20. Mayor Abramowitz said he does not feel that is a decision Council should make at all. He said he feels that if the City is going to levy some sort of fee for the use of gas, the City should levy one that the City can collect. He said in this case it is simple because he is supplying it and he knows what the bill is, the same as the electric or phone companies. He said if there are 15 people supplying and co-paying, this represents a problem. C/M Katz said this is not a non-exclusive agreement and it would be a non-exclusive franchise tax to any distributor of gas, whether it is propane or natural gas and it is enforceable because of the accommodation made in the Code Enforcement Department where the City has better control of licensing and supplying gas to any customer. C/M Schumann asked if Sunrise is strictly going to be a conduit for Tamarac or the supplier. Mr. Zehender said Sunrise will be the supplier and he would like to offer Tamarac the grand opening of the C & G Fill Station which will be open to the public. He said they will be issuing credit cards where a vehicle can be filled on fresh, natural gas. V/M Bender asked where Sunrise is filling their natural gas from. Mr. Zehender said it is from other areas to Sunrise. V/M Bender said Sunrise is acting as a distribution point and Mr. Zehender said, yes. V/M Bender said he would like to see Section 2.2 changed where it states one year. He said he feels it should state 90 days or 3 months from the date of the agreement as executed by both parties and Sunrise will request from Tamarac that service be expanded. He said he would like to see this move much faster. He suggested giving 90 days to get it going and get it to the Visual Graphics area and then return to Tamarac and request it to go to University Drive. Mayor Abramowitz asked why Sunrise needs to come back and request this when it can be done now. He said he feels that Sunrise should have the right to go as far east as University Drive and V/M Bender agreed and suggested the agreement be changed to read that. City Manager Kelly said he feels that the word "may" allows Sunrise the opportunity to request it; however, to say "will" request, is strong. Discussion was held regarding the verbage for the agreement. Mayor Abramowitz said he would like the intent of Council to say to Sunrise that it looks good and Council would like them to expand their services without bringing it to Council every day. He said if there are problems, that would be different. City Manager Kelly said Council does not know what kind of service Sunrise provides yet. Assistant City Manager McDermott said that is why this gives the control to Tamarac. She said she wants to be sure that Tamarac is covered and not give Sunrise carte blanche to install pipes, gas mains and transmission lines within Tamarac. She suggested that the paragraph regarding the service area be amended, Section 2.1, to extend the service area now. She suggested this be amended to include to University Drive north to Southgate Boulevard and have Section 2.2 as the option to allow Tamarac to have some control. She said Tamarac needs to see what is going to happen in Tamarac. V/M Bender said he sees no problem in laying the piping. He said if Sunrise was manufacturing the gas, there may be a problem; however, Sunrise has an unlimited supply because they are accessing it from another source. City Attorney Ruf said it sounds like Council wants Sunrise to come in and go to the market as quickly as possible. Don Sidebottom said Section 6.1 states that a gas main and extensions shall be made in accordance with Sunrise's main and service extension policy. He said no matter where the boundaries are made, Sunrise cannot put a main without going through that extension policy in the form of a pay back. C/M Katz asked what kind of policy change may happen. Mr. Sidebottom said Sunrise's net revenues from the account must equal the construction costs within four years. He said this is a financial situation. V/M Bender suggested the survey be done now which will provide the potential answer to whether there will be enough revenue on the potential customers to cover the construction costs. Mr. Sidebottom said they need to get a firm committment from the customer. City Manager Kelly said the City has received several inquiries from commercial vendors over the years along Commercial Boulevard requesting the availability of natural gas. V/M Bender said the Fire Department will be happy because they are always concerned about the propane tanks leaking. He said the insurance costs to the consumer, especially commercially, will drop drastically because there is no potential hazard with the propane tanks. C/W Glasser asked if Sunrise has the ability to bring the natural gas into individual homes. Mr. Sidebottom said if an area is completely developed with sod landscaping and only 10% of the customers would want gas, it would not be feasible. He said if a new development could get 90% of the customers to agree to natural gas and it could get in before the paving of streets, then it is economically feasible. V/M Bender asked if Sunrise has it up to the front of the house, do they charge the customer for hooking it up to their main or do they provide for it into the house and Mr. Sidebottom said it would be supplied into the house at no extra charge. Mr. Sidebottom said Sunrise also offers a rebate to the customer. Discussion was held regarding the benefits of natural gas. C/M Katz asked if Sunrise was invited to speak to many homeowners, is there an inducement that can be offered on that premise. V/M Bender said he wants to convert from electric to gas because there is a program going on with the Federal Government in which they say the amount of electromagnetic fields has to be reduced. He said this is very important because of carsenogenic problems. He said anybody that does not convert from electric to gas is risking their health. He said there are many good reasons to sell this and one of the big reasons is because of the electricity being consumed in large quantities, and switching to gas will eliminate 99% of the problem. Mayor Abramowitz said he would like Council to formulate their thoughts on this and pencil in any concerns that might be discovered for discussion at the next meeting. Assistant City Manager McDermott suggested the meeting be made convenient for Sunrise and City Manager Kelly said Sunrise will not need to be present at that meeting. 6. DISCUSSION AND POSSIBLE ACTION to purchase one (1) Chevrolet Crew Cab Pickup Truck. SYNOPSIS OF ACTION: See Page 21 for Final Action. Assistant City Manager Couzzo said this is a revisited discussion to purchase a crew pickup truck for the Public Works Department. He said Staff has been fortunate to locate a used truck at JM Pontiac in Hollywood and a price has been negotiated with them. He said the truck was listed at $14,395.00 and it has been negotiated down to $13,795.00 with the exception that the City will install the rear seat in the truck. Mayor Abramowitz asked what the original price is and Assistant City Manager Couzzo said it was in the upper $18,000.00 or $19,000.00. Mayor Abramowitz asked if this truck has been checked by the City's mechanics and Assistant City Manager Couzzo said it has and they feel that it is a good vehicle. He said the truck has 15,000 miles on it and does come equipped with the balance of the factory warranty which is three years or 50,000 and is a bumper-to- bumper warranty. He said the truck is a 1990 vehicle manufactured in December, 1989. He said the City will have the manufacturer's warranty on the truck for 18 months. C/M Schumann asked what the book value is on the truck and Assistant City Manager Couzzo said he could check it out. C/M Schumann said on the window there was a sticker that showed "as is". Assistant City Manager Couzzo said the law requires the dealer to put a sticker on the vehicle which is misleading because it is not a dealer's warranty, but the manufacturer's warranty which would be General Motors. He said the vast majority of the service will be done by City Staff anyway. He said the Fleet Supervisor and Garage Mechanic both looked at it extensively and drove the vehicle. Mayor Abramowitz asked if this equipment is what is needed and Assistant City Manager Couzzo said it is. C/M Schumann asked if the City is going to install the rear seat and how much that is going to cost and Assistant City Manager Couzzo said the City is going to try and find a used seat and have it upholstered because the list price of a seat was approximately $800.00. C/M Schumann said the original asking price was $14,395.00 and it was dropped to $13,795.00 which saves the City $600.00 which is less than the price of the seat. Assistant City Manager Couzzo said it was originally understood that the dealer was going to install the seat, but they said they were not going to install the seat. He said he negotiated with the dealer about the seat. C/M Schumann asked if they replaced the bumper and Assistant City Manager Couzzo said they did. C/M Schumann said that is not much of a drop in price compared to automobile depreciation on a yearly basis. Assistant City Manager Couzzo said he agreed; however, he feels the list price on that vehicle would be near $21,000.00 as a new vehicle. EDITOR'S NOTE: See Page 21 for further discussion and action. 4. DISCUSSION AND POSSIBLE ACTION regarding transportation for Social Services. SYNOPSIS OF ACTION: Discussion was held but no action was taken. Mayor Abramowitz said Helen Sobel, Director of Social Services, came to him in the recent past regarding a serious problem in the Social Services Department regarding the transportation service. He said there are many people in Tamarac who are homebound and who cannot drive or go to the doctor or shopping on their own and the Social Services Department provides a transportation service to these people. He said this is one of the major services by this department. He said a determination has been made that there is an insurance problem concerning Tamarac and the drivers. Mayor Abramowitz said this presents a serious problem to some of these drivers. He said Ms. Sobel had told him that she felt one of the ways of alleviating this is that if there were 2 or 3 cars for these people to use for transporation, it would eliminate the problem. Ms. Sobel said she feels the ideal situation would be if the City could cover the persons driving their own vehicles with City insurance when they are taking people to the doctors. She said she had three volunteers refuse taking someone to the doctor because they like to use an automobile and will not drive a van and they feel that they cannot take the chance on using their own automobile. She said the Social Services Department has only one automobile available which is #808. She said she has a schedule at the front desk with those who are already assigned to take a passenger to the doctor. Mayor Abramowitz asked if any of the drivers object to using a City vehicle and Ms. Sobel said a few do, but that is alright. Ms. Sobel said she feels it is the City's responsibility because the volunteers are serving the City in one of the most important areas for public relations but if the City cannot serve them with the insurance, then she feels she would happily compromise with the 2 City vehicles. Mayor Abramowitz said he feels that the function of a Council is to provide the services and to provide them in the best interest of the City. He said he understands that it would be cost prohibitive and, as a result, it behooves Council to look for alternatives to provide the service. He said the cost is approximately $1,000.00 per driver. City Manager Kelly said that is a correct figure. V/M Bender asked if that is the extension of the City building insurance and Peter Mack, Personnel Director, said it is increasing the cost to the City of the increasing of the individuals' insurance from what they presently have up to $100,000.00 to $300,000.00. V/M Bender asked why the City cannot have an umbrella policy and Mr. Mack said the insurance companies will not do that. V/M Bender asked if the City has people who are volunteers who are covered by the liability and Mr. Mack said, no. Mayor Abramowitz said he had contacted his insurance company and they said they would consider carrying passengers the same as a taxi. V/M Bender said he is not talking about personal insurance. Mr. Mack said the City has liability insurance which covers anyone who is on City property or doing City business which is for the buildings and facilities but not for the automobiles. Mayor Abramowitz said there is a solution which is simple and C/M Schumann said it is not simple. Mayor Abramowitz said the City has an obligation to provide Social Services cars that they could use to perform these functions. He said these drivers do not drive 8 or 10 hours per day. He said the City had 2 cars that are available at the present time. V/M Bender asked if the City is covered for the insurance of the car if someone other than a City employee drives a City car and C/M Schumann said, no. C/M Schumann said the insurance covers the City car if the person is driving it with the City's permission. Mayor Abramowitz said Social Services should try it with these two cars and, if it is necessary, Council will have to make a decision that the third car may need to be available or give up this service. C/M Schumann said if the person has permission to drive a City car, then the City's insurance covers; however, the person's individual insurance may be in excess and secondary in the event of an astronomical judgement. C/M Katz said his wife drives for the Social Services. He said the first thing that he asked was whether their personal car would have to be used or was a City vehicle available. He said he had checked with his insurance company and under no condition would he assume the responsibility or the exposure of having her drive her vehicle. He said if she drives people as a group, she would have to get a chauffeur's license and Mr. Mack said that is not necessary. C/M Katz said the additional exposure whether primary or secondary on the personal insurance would not enter into the picture. He said automatically Ms. Sobel would lose his wife as a driver if that were to happen. He said his wife does not drive a van and would have to drive a car. He suggested that the City look to trade in the van if the City has an excessive van. Mayor Abramowitz said there is no excessive van. Ms. Sobel said two times during the week, Van #800 had collapsed and has been in the process of being repaired. She said if the City is going to purchase anything, it should be a small van which is needed desparately. She commended the fleet maintenance department for their work. City Manager Kelly said among the concerns of the two vehicles, the car that he had donated to the City is rather complicated and there are a lot of gadgets in it. Ms. Sobel said these volunteers will not adapt very readily to that type of car. City Manager Kelly said it can be intimidating to someone that does not know these gadgets. Mayor Abramowitz suggested taking a plain vehicle from somewhere else in the City and give them the complicated car. City Manager Kelly said Susan Tillman, Risk Manager, feels that the City would be better protected if the volunteer drivers are required to have annual license testing. He said also to participate with the National Safety Council's Driving Course that the City's employees go to and that the City pay the $20.00 fee per year for this course. Mayor Abramowitz said he would object to the first suggestion as a volunteer and the other he would agree to. City Manager Kelly said this would be for the City's protection and the City's insurance is covering them and the City's insurance is liable if there are accidents. EDITOR'S NOTE:C/W Glasser was excused from the meeting to attend a funeral. Ms. Sobel said she feels that would become a handicap for the Social Services Department also. She said the License Bureau does not require a yearly test. Mayor Abramowitz said if the City pays for the volunteers to attend the program, they get a 10% reduction on their insurance rates. Ms. Sobel said it would be Council's decision as to whether this will be made mandatory. She asked if Social Services is able to access these two vehicles has been decided by Council since the insurance is out for coverage of the individuals. City Manager Kelly said he would like Council to authorize Staff to look for a vehicle for Social Services. He said it would be beneficial to the City with the prices that are available to purchase a small, easily accessable vehicle. Ms. Sobel asked if a trade within the City could be made to avoid the use of the donated Mitsubishi by the Social Services. Assistant City Manager Couzzo said the Mitsubishi came into the Public Works Department and is being utilized and a truck is now being used at City Hall. He said he would not even recommend the car which the Mitsubishi replaced. Mayor Abramowitz said these cars get used on the average of a couple hours per day and no more. He said he is sure that within the City, there is a vehicle that Social Services can use. He said he does not feel it is necessary to purchase a new vehicle. Assistant City Manager Couzzo said there are a number of departments in the City that are going to be requesting cars in this budget because the City is at the point where there are not enough cars for the departments. Mayor Abramowitz said if Staff reports that there are no other cars available, that would be different. Ms. Sobel said the Mitsubishi will create a problem for many of her female drivers. She requested a useable, ordinary car for them and ailing passengers and Assistant City Manager Couzzo said he would try. Assistant City Manager McDermott said Staff is very aware of the fleet condition which is terrible. She said there are trucks in Code Enforcement that rain inside the vehicle. TAPE 4 City Attorney Ruf said he deals with estates all of the time and there are people who have cars that they cannot drive anymore. He suggested the request be placed in the Tam-A-Gram. Mayor Abramowitz said he requested an article be placed in the Tam-A-Gram asking anybody who has a vehicle to donate to the City and take a tax deduction. He said there is a good possibility that the City can access a car in this manner. Ms. Sobel said she must send a notice out to let her volunteers know what is happening. She said she has already received resignations. Mayor Abramowitz said Council has indicated that Social Services will have City cars to use. 6. DISCUSSION AND POSSIBLE ACTION to purchase one (1) Chevrolet Crew Cab Pickup Truck. SYNOPSIS OF ACTION: Continued from Page 17. Discussion was held. The Assistant City Manager/Public Works Director is to bring back figures on truck to be purchased under State contract for further review and action. Assistant City Manager Couzzo said the list price on that vehicle when Staff originally looked at it was $16,900.00 and the blue book as indicated from the bank is $14,200.00 which is the retail value. C/M Schumann said that is a complete truck and Assistant City Manager Couzzo said, yes, but missing the seat which was $800.00. C/M Schumann said the more realistic value of the truck is $13,400.00. Assistant City Manager Couzzo said he tried to get the dealer to come down on the price of the seat and he would not do it. He said the dealer said that $13,795.00 was the bottom price. He said the City may be able to buy a seat from a salvage yard and recover it and blend it in. He said the dealer wanted to split the seat cost with the City and he negotiated for the dealer to take the $400.00 off the top of the price. C/M Schumann said the original price was $14,400.00 versus $13,800.00 which is $600.00. He said that truck was advertised as a 1990, but it is a 1989 truck. He said he feels the price of the truck is too high. Assistant City Manager Couzzo said there is a possibility that the City can do better; unfortunately, this type of vehicle in the used market is not available. Discussion was held regarding the rear seat. C/M Schumann said sometimes a deal can be handled better as an undisclosed principle. He said the price automatically elevates when a municipality comes in and Assistant City Manager Couzzo agreed. C/M Schumann said the City could have bought a brand new truck for $18,000.00 and Assistant City Manager Couzzo agreed, but said that is a State Contract price which is different than a dealer price. He said the dealers do not want to match the State Contract price which is why it took a year for the City to purchase the tractor because the dealer makes very little on a State Contract. C/M Schumann said he does not feel that is a good price for a three year old truck and he advertised it incorrectly. He said the truck is clean, but is not worth that much money. Assistant City Manager Couzzo said if the City will pay $14,195.00, the dealer will add the seat. Discussion was held regarding this. V/M Bender said there is no reason to argue with the dealer about what the City wants. He said offer the price that the City is willing to pay and leave it with the dealer. C/M Schumann said he would not offer the dealer $14,195.00 and have the seat installed. He said Staff could go back to the State Contract, but knock some of the options off. C/M Katz suggested getting a list of what is needed and the price and then Council may approve it. C/M Schumann said a 5 liter engine is going to pull any kind of lawnmower that the City will pull. Assistant City Manager Couzzo requested some direction on the air conditioning issue. C/M Schumann said it is a work truck. He said Tamarac is not that big and in travelling a mile or half a mile and the truck stops, they get out, pick up lawnmowers and work in the heat and they are dressed in working clothes and are perspiring. He said he does not see any working vehicle practically using air conditioning. Mayor Abramowitz said he does not know of any vehicle in the City without air conditioning and C/M Schumann said there are Code Enforcement trucks without air. Assistant City Manager McDermott said the air conditioning would not only eliminate the grievances but also save the life of the vehicle on the interior. She said fire trucks are now required by law to be air conditioned for the same purpose of going in and out which effects the personnel. Mayor Abramowitz said the windows steam up when it rains and no air is running. V/M Bender suggested the list of options be brought back to Council for a review. C/M Schumann said his opinion is that air conditioning should not be in a working vehicle. C/M Katz said he would Second a Motion providing that the equipment is more in line with what is necessary for Public Works use. Assistant City Manager Couzzo said he will bring back to Council a proposal for the State Contract purchase. 7. Other related matters. a. Miami Herald article dated 4/17/91 entitled, "Three cities want to zap FP&L's property tax deductions". b. Cable company audits. SYNOPSIS OF ACTION: 7.a. DISCUSSION was held and direction was given for the City Attorney to prepare letters to the three cities involved to stop the electric company from deducting from the City's franchise fees what they pay to Broward County. Also, letters should be sent to the legislators urging them not to support House Bill #1863. 7.b. DISCUSSION was held. V/M Bender said he would like to discuss an article that appears in the Miami Herald which deals with the FP&L Company not paying any franchise taxes to the cities. Mayor Abramowitz said the article refers to them deducting their property taxes from the franchise tax. V/M Bender said this means they do not pay taxes. He said he has made a number of studies on this and Tamarac's franchise agreement with the utility companies is not constitutional and is not legal. He said this article substantiates that feeling based upon a legal opinion by the Supreme Court which has ruled that the cities lack the power to contract away their taxing authority over property used for private purposes. He requested that Council agree to have the City Attorney send out a letter joining the three other cities in this endeavor to stop FP&L from deducting from the franchise fees their tax responsibility. He said FP&L does pay real estate and property tax to Broward County for Tamarac; however, when they pay the City the franchise fee, they deduct what they pay to Broward County, which means they pay the City nothing. V/M Bender requested that two actions be taken as follows: 1) That the City Attorney prepare a letter to the three cities involved stating that Tamarac wants to join them in this endeavor to stop House Bill #1863, and 2) Send a letter from the City notifying all of the legislators not to support this Bill because the City has lost millions of dollars of revenue as a result of the utility companies not paying their fair share. V/M Bender said he does not feel it is just that a profit-making organization such as FP&L uses the City, causing repairs to the roads by the City and have the benefit of customers in the City without paying anything to the City for maintaining it. City Attorney Ruf said the most important thing is to contact the State Senators immediately. Mayor Abramowitz said he does not feel it is factual that they do not pay anything to the City. He said they do pay a franchise fee to the City, but they do deduct their property taxes from the franchise fee. V/M Bender said their property is different from their real estate. He said they pay two things. He said the City had no right signing a 30 year contract like that and now the Supreme Court made a ruling. He said it must have some validity otherwise FP&L would not be going to the State to request to make what they now have in contract legal. Mayor Abramowitz said the Supreme Court ruling states that a municipality lacks power to contract away its taxing authority. He said he has no problem going to the State Legislators and asking them to do what the City wants. Assistant City Manager McDermott said Staff sent letters already referring to the Electric Territorial Tax Bill. V/M Bender said he has been advocating that professional audits be done on the cable franchise. He said the City had hired an auditor who he met with which included City Manager Kelly and Mary Blasi, Finance Director, in which their objectives were outlined to the Auditor of what was expected to be done. He said the discussion was held on April 4, 1991 and on April 8, 1991, a memo was sent to City Manager Kelly from the Auditor stating that he had done a reasonableness test which appears to indicate that the cable companies were paying their franchise fees correctly and he has met with the Internal Auditor from Plantation and discussed this matter. V/M Bender said Plantation indicated that Continental Cablevision, FP&L and Southern Bell were all conforming with their franchise agreements. He said on April 12, 1991, a letter was received from Continental Cablevision indicating that they inadvertantly underpaid the City's franchise fees in the amount of $17,705.29. He said he feels uncomfortable when the City hires an individual to do an audit and he has no business going to any other City for information. He said the Auditor was asked to go in and check the corporations' financial records and what they are reporting as gross income to determine if there is anything due the City. V/M Bender said Continental Cablevision owes the City $17,705.29 which goes from 1984 to 1990. He said he reviewed the records of every one of these franchise agreements that the City had from 1973 and he noted in all of these agreements and Ordinance O-73-36 that they refer to, which was dated February 7, 1973. He said he noticed in every case where the franchise agreement was either merged or sold or consolidated, each case they resumed the responsibility of the liability and assets of the previous corporation. V/M Bender asked if the City has the right to go back to 1973 to see what was being reported and whether it was reported properly. He asked why the City did not receive interest on the $17,705.29. He said he has requested a further investigation from City Manager Kelly on this and seek some legal opinions on how far back the City can research this. He said he feels the City should continue to try and get an Auditor or use a qualified individual that the City currently has in the Finance Department to visit Continental Cablevision and find out how they arrived at this figure and research the records as far back as possible to see whether the City has been getting its money. Mayor Abramowitz said most every City received a refund and one City wound up owing Continental Cablevision. He said when the Auditor left to take a higher paying position, he had an appointment within a week with Continental Cablevision to do the task that V/M Bender suggested. He said City Manager Kelly contacted them and informed them that someone from the Finance Department would be meeting with them for the study. V/M Bender said any corporation has to file corporate taxes and in the corporate taxes it says the gross revenue that they earn. He said some cities got back more money than others. He said Tamarac is collecting 3% and some are collecting 5%. He said this case substantiates what he has been stating all along that there must be a problem in the past 25 years in this area and that no audit was done on these franchises. He said the Auditor also indicated that Waste Management does not pay franchise fees on roll-offs. He said he would like to see this in the form of a Resolution subsequently, making it mandatory that at least once a year some type of audit be done on franchises. He said there is a lot of money involved in this. Assistant City Manager McDermott said the Internal Auditor put together a profile program. She said this is the analysis that needs to be done. She said he did have an appointment with Continental Cablevision on April 15, 1991 and subsequently, he had left. She said City Manager Kelly and Ms. Blasi discussed sending somebody from the Finance Department to Continental Cablevision to follow the program outline and do the analysis of the cable books. She said City Manager Kelly has directed the Personnel Director to put together an RFP and advertise for Internal Auditor Services for the City. V/M Bender said the City must get somebody who is familiar with franchise agreements to review the agreements and do an in depth study. PUBLIC PARTICIPATION - Any member of the public may speak to any issue which is not agendized for public hearing at this meeting. Speakers will be limited to three minutes during this item and at public hearings. There will be a thirty (30) minute aggregate time limit for this item, and speakers are encouraged to sign up in advance with the City Clerk prior to their participation. With no reponse from the public, Mayor Abramowitz ADJOURNED this meeting at 11:45 a.m. NORMAN ABRAMOWITZ MAYOR CAROL A. EVANS CITY CLERK "This public document was promulgated at a cost of $248.03 or $5.51 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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