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HomeMy WebLinkAboutMinutes_Regular_6/14/1983 n aT Sq � MINUTES OF THE VILLAGE COUNCIL MEETING OF THE VILLAGE OF TEQUESTA', FLORIDA June 14, 1983 A meeting was held by the Village Council of the Village of Tequesta, Florida at 7:27 P.M. , Tuesday, June 14, 1983 in the Village Hall, 357 Tequesta Drive, Tequesta, Florida. Councilmembers present were: Beddow, Brown, Little, Stoddard and Wagar. Also present were: Robert Harp, Village Manager, Cyrese Colbert, Village Clerk and John C. Randolph VVi lage Attorney. Members of staff present were: ,Scots_Ladd.,y Bu_ild4_ng; Ofiffietal,ind Lt. Conrad Miller, Police Department. The opening Prayer and Pledge of Allegiance to the Flag was given by Councilmember Wagar. Changes made.; and approved ;. ,to the agenda were: Add la(1) Presentation on beautification of Tequesta Country Club Parking Lots la. The first item on the agenda was the presentation of Tequesta's management guidelines for the wild and scenic river project by Joe Yoder. Mr. Yoder told Council that he had sent them his suggested management guidelines for the Village of Tequesta and he did not intend to go into details of the guidelines tonight, but he would answer questions that they may have. Council unanimously accepted Mr. Yoder's suggested Village of Tequesta's participation outline to the South Florida Water Management District and Florida State Department of Natural Resources Department. • Beddow moved, "to nominate Joe Yoder to be the Village of Tequesta's representative to the Management Advisory Committee for the Loxahatchee River inclusion as a "Wild & Scenic River". ' Little seconded and vote on the motion was: Beddow -for Brown -for • Little -for Stoddard -for Wagar -for and therefore the motion was passed and adopted. lb. The next item on the agenda was the presentation on beautification of the Tequesta Country Club parking lots by Joe Yoder. Mr. Yoder told Council that even when he was on Council the Tequesta Country Club Community Association was trying to get the Country Club to upgrade its parking lot. When a member of the Country Club came to the Village for approval of its permit it was denied one. He told Council that the Country Club was informed by the Village that Council was considering a new parking lot Ordinance and if they made changes now they may have a non-conforming use once the i 06-14-83 -02 new Ordinance is passed. The Village Manager told Council that several days ago he had . received a letter referencing plans attached to the letter for new landscaping for the Country Club Parking lot, but no plans were attached. . He also told Council that the representative of the Country Club was informed that the upgrading they wanted to do encroached onto Village right-of-way. . The Village Building _Official and Village Manager were concerned that if they allowed the Country Club to do .this then what would prevent someone . in the commercial area to expect and. demand the same approval. The Village Attorney told Council that the staff was 100% correct in denying the permit for improvements on the Village of Tequesta right-of-way. The correct procedure is for the Country Club to come before the Village Council and ask their approval. Mr. Yoder said the' .question is really mute at this point because the Country Club has agreed to comply with the Village's • ' O rdinance, but the main concern of some of' the citizens in Tequesta are ' the Ordinances that are being passed and enforced .and the effects of a . quaint, 'friendly Village that is getting lost in the process. The Village Attorney informed Mr. Yoder that Council is also . • . concerned about the "Dock and Pier" Ordinance that was recently revised and adopted as part of the newly adopted Zoning Ordinance. He told ' Mr. Yoder that this Ordinance is being worked on to liberalize it somewhat and to make it easier on Tequesta's residents. lb. The next item on the agenda was, Violators of the False Alarm Ordinance. Stoddard :commended Lt. Miller on his weekly reports that are • • most interesting. Lt. Miller told Council that the first violator tonight . is Tequesta Country Club Pro Shop. Lt. Miller said that the Pro Shop has been most cooperative in trying to do what they can on this problem. They . have had seven (7) Class "B"" alarms within. the past. six .(6) months. 'Mr. Ed Ficker. • owner of the Pro Shop, told Council .there is a problem with the system. It may go off at 4:30 A.M. with no one there. Only one (1) time has the alarm gone off for a valid reason and that was the time • . a raccoon fell through the roof and set the alarm off. Lt. Miller said . he would find it hard to convict someone who has done a fine job in twelve .(12) years and he had no objections if Council just wanted to give a warning ' this time. Little moved, "that we inforce the Ordinance,,as written :and • levy a $25.00 fine". Brown seconded and vote on• the motion was: • Beddow -against •• ' - . Brown •� -for ' Little -for Stoddard -against ' • ' Wagar . -for • • and therefore the motion was passed and adopted-. � - Little moved, "to reconsider the previous motion". Beddow seconded and vote on the motion was: • Beddow - -for ' Brown -for Little -for Stoddard -for ' Wagar -for 06-14-83 -03 and therefore the motion was passed and adopted. Beddow moved, "that we give Mr. Ficker a warning on this". Little seconded and discussion followed. Brown said he thinks someone should trouble shoot the alarm system. Vote on the motion was: • Beddow -for Brown -for Little -for Stoddard -for • • Wagar -for • and therefore the motion was passed and adopted. • The next violator on the agenda was K-Mart, who Lt...Miller said had nine (9) class "B" alarms since January 1983. Mr. .,McMillian, Manager • told Council that the service people for the alarm system declined :to come • to this 'meeting and he was unable to explain what has happened. They .have had numerous problems with the system. Beddow moved, "that we issue . a ' warning and hold the $25.00 fine in abeyance for 30 days and within that 30 days the Police Department is to determine if K-Mart is at fault". Little • seconded and vote on the motion was: • Beddow -for Brown -for • Little -for Stoddard -for • Wagar -for • and therefore the motion was passed and adopted. lc. The next item on the agenda was, Perry Cable Rate Increase Request. Mr. David C. Shobe, Attorney for Perry Cable was present to represent Perry • Cable in their rate increase request. Mr. Shobe told Council that in October 1982 a rate study for Perry Cable was presented to Council and recently Perry . Cable has sent a revised rate study revising the 1982 Rate Study. It was • necessary to revise the rate study to correct certain plant mileage figures based upon an independent engineering study done for the company to verify the mileage in Tequesta and in Perry Systems as a whole. The proposed • • basic rate for Single Family Primary is $9.00 and the basic rate for multi • - family primary is $7.50. Mr. Shobe also introduced Frederick Bolte, P.E. & . Associates who prepared the rate study. • Beddow told Mr. Shobe that he would have rather discussed this • • request in a "Workshop" Meeting than in a regular meeting because of the • time. Beddow had a question on what constitutes::a fair. rate of return to . Perry Cable and he wanted advice on what Perry Cable's franchise rights are. Little asked Mr. Shobe why Perry Cable wanted more money and • Mr. Shobe explained that Perry Cable is not getting their fair share of profit in Tequesta. Perry Cable would like an increase in rate with the service that they say they provide Tequesta. Mr. Shobe said that Perry is'entitled to a fair increase. Council talked at length with Mr. Shobe and Mr. Bolte on the proposed increase. Little asked the Village Attorney, . what would happen if the Council did not like the rates and said "no" to the request. The. Village Attorney advised that under their franchise the 06-14-83 -04 Village cannot turn Perry Cable down unreasonably and if the Council turned them, down without a just reason the Village would probably be overturned. by the courts. The Attorney said a study would have to be done in behalf of the Village showing that Perry Cable should not receive the increase. After discussion Council set a Workshop Meeting for July 14, 1983 at 4:00 P.M. Mr. Stan Hollan, President of Tequesta Gardens Condo Assoc. told Perry Cable representatives that the quality has not been too good and when the calls are made they get a busy signal and he understands it takes a whole building to call and complain to Perry Cable before they get any action. Mr. Jack Bonnell, resident, told Perry Cable representatives that there was a bad storm on September 27, 1982 that knocked out his power and he called Perry to set up an appointment to get his cable fixed.. Appointments were made and never kept by Perry. Mr. John Giba, resident, told Council he doesn't think anyone is against a company getting money they should get, as long as the people get reasonable service. Mr. Giba also complained about the poor quality reception that he is getting. Mr. Russ Norris, Tequesta Garden Condo, wanted to know how the franchise with Perry is set up and wanted to know if they could put in their own system. Mr. Shobe told Mr. Norris that Perry Cable has a non-exclusive franchise for the Tequesta area for those customers who want to use other services. ld. Richard Berube, 4 Country Club Circle and member of the Recreation Committee, told Council he would like to know about the proposed sale of Village owned property on Dover Road. Mr. Berube was told that the deed recently received from ENCON was in the hands of the Village Attorney for his review and he will submit it for filing with the County Clerks Office. Stoddard said the property was appraised at $59,000. which seems low to him. The Village Attorney advised that the Village could get another appraisal if they don't agree with the first. Mr. Berube told Council that he thinks that Council should ask the people of the Village what they would like to do with the property and . not sell it for commerical purposes. Stoddard suggested that when it is- an agendaed item that Mr. Berube be invited. . 2a. The next item on the agenda was Kelton & Associates, Inc. Taxation Report. The Village Attorney told Council that the action needed here is for the Council to receive the study and Council should meet with other municipalities before they make a decision on doing anything further. The municipalities before they make a decision on doing anything further. The Attorney said by the next meeting that Council should be ready to adopt the Resolution that they have adopted in the past years requesting Palm Beach County to give the Village relief from dual taxation. 2b. s The Village Attorney said there was no decision on the Woodard vs. Village of Tequsta lawsuit. 3a. Beddow moved, "the approval of the Site Plan Review (Burger Chef/ Hardee's Signage)". Little seconded and vote on the motion was: 06-14-83 -05 Beddow -for Brown -for Little -for Stoddard -for Wagar -for and therefore the motion was passed and adopted. 3c. Stoddard asked Wagar to look at additional material he had received on engineering fees and to send to the American Society of Civil Engineers for a manual and report on engineering pratice. 4a.b. The September 7, 1982 Special Council Meeting Minutes, the September c.d. 14, 1982 Council Meeting Minutes, the May 24, 1983. Site Plan Review (with corrections) Minutes and the May 24, 1983 Council Meeting Minutes were all received. 4e. The Village Manager's Report for May 23, 1983 to June 10, 1983 was received. . . 5a. Stoddard told Council on the Post Office, "we are in the final stages and the word is encouraging". 5b. . No action taken. 5c. No action taken. 5d. Stoddard told Council the railway has given the County another 60 days. 5e. Stoddard told Council that he had received a call from Palm Beach County District Deputy Attorney Hertz on the new unified Fire District State Law and had received some figures from him on the cost. • 5f. Stoddard told Council that he was told that Fire District #1 has • no authority to be in the transporting of people for ambulance service. 5g. The Village Manager told Council that the M.P.O. wanted to know the Village's wish list for roads in Palm Beach County. Little moved, "to request that Old Dixie be four laned to County Line Road". Beddow • seconded and vote on the motion was: • Beddow -for Brown -for.. • Little -for Stoddard -for Wagar -for and therefore the motion was passed and adopted. Wagar suggested that there be a turning lane onto Cypress Drive and onto Old Dixie. The Village Manager said that a study was done by Palm Beach County and it is their recommendation that there not be a "right turn only" on Tequesta Drive at Old Dixie. 06-14-83 -06 The meeting was adjourned at 11:10 P.M. Cyres Colbert Date Approved Thomas J. Beddow Lee M. Brown Thomas J. Little Calrton D. Stoddard William E. Wagar