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HomeMy WebLinkAboutMinutes_Regular_03/05/1998• F Tf "P Gf~A ` ~ ~ VILLAGE OF TEQUESTA Post Office [3os 3273 3?7 'I'equesri l~riae ~~ ~ o` Tequesta, Florida 33169-o2~3 l6ll ~>-62(X) \ ' ~ r<~x: (~61 ~ 7?7-6203 •F 4~ 4pH CC t~ VILLAGE OF TEQUESTA VILLAGE COUNCIL MEETING MINUTES MARCH 5, 1998 I. CALL TO ORDER AND ROLL CALL The Tequesta Village Council held a meeting at the Village Hall, 357 Tequesta Drive, Tequesta, Florida, on Thursday, March 5, 1998. The meeting was called to order at 7:00 P.M. by Mayor Elizabeth A. Schauer. A roll call was taken by Betty Laur, Recording Secretary. Councilmembers present were: Mayor Elizabeth A. Schauer, vice Mayor Carl C. Hansen, Alexander w. Cameron, Joseph N. Capretta, and Ron T. Mackail. Also in attendance were: Village Manager Thomas G. Bradford, Village Attorney John C. Randolph, village Clerk Joann Manganiello, and Department Heads. II. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Joseph N. Capretta gave the Invocation and led those in attendance in the Pledge of Allegiance to the American Flag. III. APPROVAL OF AGENDA Vice Mayor Hansen requested addition under ANY OTHER MATTERS of discussion of independence. • Village Manager Bradford requested that Item N be moved to be the first item under V, New Business, so that Mr. Giba would not have to stay. Xecpclecl Paper • VILLAGE COUNCIL NEETING MINUTES March 5, 1998 PAGE 2 --------------- vice Mayor Hansen made a motion to approve the Agenda as amended. Councilmember Cameron seconded the motion. The vote on the motioa was: Elizabeth A. Schauer - for Carl C. Hansen - for Alexander Do. Cameron - for Joseph N. Capretta - for Ron T. Mackail - for The motioa was therefore passed and adopted and the Agenda was approved as amended. IV. COMMUNICATIONS FROM CITIZENS (NON-AGENDA ITEMS) • Mayor Schauer announced that the first Concert in the Park would be held this coming Sunday from 2 p.m. to 4:30 p.m. Gary Collins thanked the Village Council on behalf of the residents living on the peninsula for the stand they had taken against ENCON. Mr. Collins expressed concern whether the river would be in better condition in five to ten years, and raised five points for consideration: 1. ENCON's function was to protect and enhance the river, and the results they had achieved were unacceptable. 2. ENCON has no Master River Protection Plan, and expects each agency to do its own thing with no guidelines set by ENCON. 3. ENCON has sewered 3,000 homes and plans to sewer another 3,000 homes, which will cost a total of 60 million dollars. What will the residents get in return? • 4. Palm Beach County is building a package treatment • VILLAGE COUNCIL MEETING MINUTES March 5, 1998 PAGE 3 --------------- plant at the headwaters of the river which ENCON will manage and from which ENCON has admitted that pollution will leach into the river. 5. It is incomprehensible why ENCON would allow a package treatment plant at the headwaters of the river when their primary responsibility is to protect and enhance the river. Vincent Amy, 56 River Drive, explained that he is a hydro geologist and expressed his thanks to the Village Council for their efforts against ENCON. Mr. Amy expressed his agreement with Mr. Collins' statements and reported that in January DEP had held a meeting in their role of taking the lead in the Loxahatchee Watershed Management and Improvement Program, at which none of the local • municipalities had been represented; however, the City of west Palm Beach had been a participant. Mr. Amy expressed his opinion that all local municipalities should become participants. Mr. Amy announced a meeting March 11, 1998 at the Marine Science Center, and stated his intention to volunteer to serve on one of the water quality subcommittees. V. CONSTsNT AGENDA All items listed with an asterisk (*) are considered to be routine and will be enacted by one motion. There will be no separate discussion of these items unless a Village Councilmember so requests, in which event, the item will be removed from the Consent Agenda of Business and considered in its normal sequence on the Agenda. Mayor Schauer read aloud the following Consent Agenda items: VI. APPROVAL OF MINUTES AND REPORTS • *A) Community Appearance Board; January 21, 1998 • VILLAGE COUNCIL MEETING MINUTES March 5, 1998 PAGE 4 --------------- *B) Special Village Council Meeting; February 5, 1998 *C) Village Council Meeting; February 12, 1998 *D) Special Village Council Meeting; February 24, 1998 *E) Village Managers Report - February 9, 1998 - February 27, 1998 VIII. APPOINTMENTS *A) Consideration of Reappointment of Mo11y McCormick to serve as an Alternate Member on the Community Appearance Board, with Said One-Year Tezm Expiring on April 12, 1999. (Staff Recommends Approval) *B) Consideration of Reappointment of Sharon Walker to serve as an Alternate Member on the Community • Appearance Board, with Said One -Year Term Expiring on April 12, 1999. (Staff Recommends Approval) X. NEW BUSINESS *B) Consideration of Bid Award to Jones Chemicals of Ft. Lauderdale, Florida, Palm Beach County Utilities Co-op Suppliers, for the Purchase of Chlorine (24 Tons ~ $350/Ton) in the Total Amount of $8, 400, Having a FY98 Water Enterprise Fund, Pumping and Storage Division, Chemicals Line Item Balance of $35,276. (Staff Recommends Approval) *C) Consideration of Purchase of Two (2) PowerCam III In-Car video Systems from International Police Technologies, Inc. , of Tulsa, Oklahoma, in the Amount of $3,250 per System, for a Total Expenditure Request of $6,500. Funding to be Provided from the General Fund Police Department Patrol Division Machinery ~ Equipment Account Having a FY 1998 Budget AZZocation of $10, 800. (Staff Recommends Approval) • *D) Consideration of Designation of Village of Tequesta • VILLAGE COUNCIL DUrETING MINUTES March 5, 1998 PAGE 5 --------------- Police Department Property as Surplus, Pursuant to Section 3.02 (8) of the Village Charter. (Staff Recommends Approval) A) 1992 Ford Crown Victoria VIN - 2FACP72W7NX233813 Mileage 102, 100 B) 1994 Ford Crown Victoria VIN - 2FALP7IWXRX145393 Mileage 109, 000 Motion was made by Councilmember Mackail to approve the Consent Agenda as presented. The motion was seconded by vice Mayor Hansen. The vote on the motion was: • Elizabeth A. Schauer - for Carl C. Hansen - for Alexander W. Cameron - for Joseph N. Capretta - for Ron T. Mackail - for The motioa was therefore passed and adopted and the Consent Agenda was approved as presented. VII. COMedITTEE REPORTS A) Redevelopment Committee] February 18, 1998 village Manager Bradford reported that at their February 18, 1998 meeting, the Finance & Administration Committee looked at the Public Safety Facilities program and recommended to the village Council that the current Architectural Services work program be amended so that the Police Department renovation would be held in • abeyance with the current doubling of space they had already received, and that the Village focus only on VILLAGE COUNCIL MEETING MINUTES March 5, 1998 PAGE 6 --------------- design for construction of permanent Fire Rescue living quarters and office space, which solves the problem of finding interim Village Council chambers. After a great deal of discussion regarding the possible locations for a Village Hall, a second recommendation was made to authorize the village Manager to secure a contract to purchase Tequesta Plaza and bring it to the Village Council for consideration, simultaneously with evidence of viable tenants for the Plaza, such as Jupiter Medical Center, Lighthouse Gallery, or other organizations. village Manager Bradford explained that in the meantime JMZ Group had purchased Tequesta Plaza which could make this recommendation no longer viable. Councilmember Capretta commented the new owner had paid $1.3 million, and had immediately offered the plaza to i the Village for $1.8 million. Councilmember Capretta expressed his opinion that staff should inform the new owners that the plaza was in violation of Village codes and if compliance was not achieved within a short period of time, they should be fined $250 per day until they came into compliance; and that a plan should be submitted immediately. Village Attorney Randolph advised that due process must be followed; and that the Special Master would hear the case and make the decision whether to institute a fine. village Manager Bradford explained that the village had been lenient with this property because of negotiations to purchase it, and the new owner was supposed to meet with him shortly; and that the Code Enforcement Officer should notify the new owner of the code deficiencies. Mayor Schauer requested Police Chief Allison to make a note to advise the Code Enforcement Officer of this matter. Motion was made by Couneilmember Cameron to approve the report of the Redevelopment Committee as presented. The motioa was seconded by vice Mayor Haasen. The vote on the motion was: • VILLAGE COUNCIL MEETING MINUTES March 5, 1998 PAGE 7 --------------- Elizabeth A. Schauer - for Carl C. Hansen - for Alexander w. Cameron - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted. IX. DEVELOPMENT MATTERS A) Modified Site Plan Review for Lighthouse Gallery, 395 Seabrook Road, for an Exterior Sculpture Garden with 3' Privacy wall. Canterbury Engineering, Inc. Director of Community Development Scott D. Ladd commented that the Village Council had approved the plans for this project some time ago and that this request was for a minor modification. Robert Canterbury, Engineer for the project, was available to answer questions. Mayor Schauer expressed concern regarding overflow parking. Mr. Ladd explained that on-site parking met parking requirements. Margaret Inserra, Lighthouse Gallery Director, assured the village Council that they would be respectful of their neighbors and would request Gallery visitors to park at Gallery Square North and walk over to the Seabrook Road location if parking on-site was not available. Motion was made by Councilmember Mackail to approve the Modified Site Plan Review for Lighthouse Gallery, 395 Seabrook Road, for an Exterior Sculpture Garden with 3' Privacy wall. The motion was seconded by Councilmember Cameron. The vote oa the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Alexander w. Cameron - for Joseph N. Capretta ~ for Ron T. Mackail for • VILLAGE COUNCIL MEETING MINUTES March 5, 1998 PAGE 8 --------------- The motion was therefore passed and adopted. 8) Landscape Ordinance No. 377 Plaa Review; Landscape Plan Submnittal; Lighthouse Gallery, 395 Seabrook Road. George G. Gentile & Associates, Landscape Architect. Director of Community Development Scott D. Ladd explained that the requested landscape changes had been made to coincide with the site changes made by Canterbury Engineering, and were modifications to the approved plan prepared by George Gentile and Associates. Nlr. Canterbury advised that the parking lot was to be asphalt. Mr. Ladd commented that work would begin as soon as the permit had been issued. Motion was made by Councilmember Mackail to approve the • Landscape Plans and waivers for Ordinance 377 compliance for Lighthouse Gallery, 395 Seabrook Road. The motion was seconded by vice Mayor Hansen. The vote oa the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Alexander W. Cameron - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted. C) Landscape Ordinance No. 377 Plan Review; Landscape Plan Submittal; Tequesta Motor Cars, 746 II.S. Highway One North. William E. Burckart, as Agent. Director of Community Development Scott D. Ladd explained that this project had been reviewed by the Community Appearance Board, which had made suggestions; that staff had made comments and requested that waivers be spelled • out; and that this project was also involved in Code Enforcement action. Mr. Burckart acknowledged that the • VILLAGE COUNCIL MEETING MINUTES March 5, 1998 PAGE 9 Special Master had placed a lien on the property, and that repairs to the building had been put out for bid. Mr. Burckart explained that the owners planned to put another dealership on the site, and assured the Village Council that this would be a viable business, with the owners planning to take advantage of a big upcoming change in the automotive industry. Mr. Ladd reported that during review by Water Department Manager Tom Hall it was discovered that there would need to be a 10-foot gap in the hedge to allow sufficient clearance around the fire hydrant, and the monitoring well on the site should be kept accessible. After discussion, the Village Councilmembers agreed that the 10-foot gap in the hedge would be allowed since it was not located along U.S. One. Mr. Ladd gave Mr. Burckart a copy of the staff comments. The requested phasing plan was discussed. Mr. Burckart • explained that the front would be phase one, which would be started as soon as a bid was accepted. Mr. Burckart agreed with Mayor Schauer~s estimate of 6-7 months for completion of all phases. Mr. Ladd explained the procedure for issuing permits for a phased project. Mr. Burckart stated they would agree not to get a certificate of occupancy until all three phases were completed. Mr. Burckart agreed that seven months would be sufficient time to complete all phases. Mr. Ladd commented that the clock would start when a permit was issued. Motion was made by Councilmember Mackail to approve the Landscape Plans and waivers for Ordinance 377 compliance for Tequesta Motor Cars, 746 U.S. Highway Oae North, including the time frame of seven months to complete all three phases, and a 10-foot gap in the hedge to allow access to the fire hydrant. The motion was seconded by Vice Mayor Hansen. The vote on the motioa was: Elizabeth A. Schauer - for Carl C. Hansen - for • Alexander W. Cameron - for Joseph N. Capretta - for VILLAGE COUNCIL MEETING MINUTES March 5, 1998 PAGE 10 --------------- Ron T. Mackail - for The motion was therefore passed and adopted. X. NEAP BUSINESS AA) Consideration of Jupiter/Tequesta/Juno Beach Chamber of Commerce Funding Request for Student Leadership Program. John Giba. Mr. Giba explained that the Student Leadership Program was not a scholarship fund, but was a new program launched by the Chamber of Commerce, which felt the future of the world rested in the hands of young people . and therefore believed they should be guided and encouraged to direct their efforts along productive lines in order to carry out a mandate to create a better world for the future. Mr. Giba commented that donations would be tax deductible. Vice Mayor Hansen commented that this program would award young people for what they had already done. Mr. Giba explained that the rewards would encourage other young people to follow in their footsteps. The Village Attorney advised Councilmember Cameron and Mayor Schauer that they could vote on this matter even though Councilmember Cameron was a member of the Chamber of Commerce and Mayor Schauer was a Trustee, since neither realized any monetary gain from those affiliations. Councilmember Capretta expressed his opinion that this program should be encouraged since it was based on achievement rather than need. Motion was made by Councilmember Mackail to approve a $500 donation to the Student Leadership Program. The motion was seconded by Vice Mayor Hansen. The vote oa the motion was: • Elizabeth A. Schauer - for • VILLAGE COUNCIL MEETING MINOTES March 5, 1998 PAGE 11 Carl C. Hansen - for Alexander w. Cameros - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted. A) Resolution No. 14-97/98 Supporting Permanent sad Consistent Fuadiag for Regional Planning Councils. (Staff Recommends Approval) Mayor Schauer read Resolution No. 14-97/98 by title only. Village Manager Bradford explained that the Treasure Coast Regional Planning Council repeatedly had funding problems each year in the legislature and this year they had found a dedicated funding source which someone in • Tallahassee was willing to designate to planning councils across the state and they were soliciting Tequesta's support for this Resolution to support the funding and the planning council concept. Village Manager Bradford explained that the Planning Council had been active in Tequesta's Master Plan within the charette and in the traffic mediation hearings and were also instrumental in the Eastward Ho! Program, village Manager Bradford recommended adoption. Motion was made by Councilmember Mackail to approve Resolution No. 14-97/98. The motion was secoaded by Couacilmember Cameros. The vote oa the motioa was: Elizabeth A. Schauer - for Carl C. Hansen - for Alexander ~v. Cameron - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted. • E) Resolution No. 15-97/98 - Rescinding Resolution No. 5- VILLAGE COUNCIL MEETING MIN[TTES March 5, 1998 PAGE 12 --------------- 97/98 and Approviag Installment Purchase Agreement for One (1) Xerox 5820 Photostatic Copier with Xerox Corporation (American Document Solutions of West Palm Beach, Florida, Xerox Authorized Sales Agent), in an Amount of $1,788.00 per Year, and Authorizing the Village Manager to Execute the Same on Behalf of the Village. (Staff Recommends Approval) Mayor Schauer read Resolution 15-97/98 by title only. village Manager Bradford explained that staff was not happy with the authorized copy machine, and that Xerox under their total satisfaction guarantee had proposed giving the Village a new and different machine which would cost $49.20 less per year. Approval of this Resolution would allow the Village to try the new a machine. Motioa was made by Councilmember Mackail to approve Resolution No. 15-97/98. The motion was seconded by Vice Mayor Hansen. The vote on the motion wasz Elizabeth A. Schauer - for Carl C. Hansen - for Alexander W. Cameron - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted. F) Resolution No. 16-97/98 - Urging the 1998 Florida Legislature to Pass HB 3427 and SS 882 Which Provides a Dedicated Fundiag Source for Statewide Beach Management; and Providiag for an Effective Date. (Staff Recommends Approval) Mayor Schauer read Resolution No. 16-97/98 by title only. • village Manager Bradford explained that the Florida Shore VILLAGE COUNCIL MEETING MINUTES March 5, 1998 PAGE 13 --------------- and Beach Preservation Association had requested that the village Council consider this Resolution which supported a dedicated beach funding bill to save Florida's beaches, which have an $18.9 billion impact on Florida's economy due to tourists, and explained that the beaches protect over $150 billion in upland coastal property. village Manager Bradford expressed his opinion that it was important for the village Council to always be supportive of the beach programs because of the beaches within Tequesta. Village Manager Bradford explained that this Resolution could bring funds to the Village to help manage the beaches within the village. • Councilmember Cameron stated he would like to see something attached to the Resolution which would penalize communities which do not allow reasonable public access to their beaches; however, since there was really no way to add this to the Resolution, he was making this statement as a public protest. Motion was made by vice Mayor Sansen to approve Resolution No. 16-97/98. The motion was seconded by Couacilmember Mackail. The vote oa the motion was: Elizabeth A. Schauer - for Carl C. Haasea - for Alexander W. Cameron - for Joseph N. Capretta - for Roa T. Mackail - for The motion was therefore passed and adopted. (G) Resolution No. 17-97/98 - Authorizing the Issuance of Water Revenue Bonds. Mark Raymond, Esq. and/or Clark Bennett, Florida Municipal Advisors. (Staff Recommends Approval) . Village Manager Bradford explained that this was the next step in the process in order to proceed towards • VILLAGE COUNCIL MEETING MINUTES March 5, 1998 PAGE 14 --------------- construction of Tequesta's reverse osmosis plant and other associated projects. The village Manager explained that based upon the decisions made not to sell the village's water Department to either the Town of Jupiter or Seacoast; based upon the fact that bids had been opened and found to be at favorable construction prices; and also that the market is now very favorable for long- term debt, now is the time to move forward and take the steps necessary to secure water revenue bonds for the public works program. Mark Raymond, Esquire, Bond Counsel for the Village, explained that this Resolution would be the final step in authorizing the bonds to finance construction of the reverse osmosis plant and related water system improvements. Mr. Raymond commented that the Resolution • had been reviewed by the Village Attorney for legal sufficiency. Clark Bennett discussed financial details concerning the bond issue, and explained that $8 million in bonds would be issued, with the net deposit to the construction fund being $7,551,737.24. Construction funds placed on interest would generate the additional funding to bring the amount up to $8 million, which would save the Village money. Mr. Bennett reviewed the bond insurance premium. In response to a question from Councilmember Mackail regarding the 30-year term of the bonds, Mr. Bennett explained that this term had been chosen to lower annual debt service payments, and the debt service was structured to be within the tolerance of the utility department's ability to produce earnings. Kevin McCarthy, representative for Raymond James, was introduced. Councilmember Mackail questioned whether there was a prepayment clause, to which Mr. Bennett responded that a call period of ten years would be negotiated. Mr. Bennett assured the Village Council that • all money would be earning interest during the construction period. Councilmember Capretta questioned • VILLAGE COUNCIL MEETING MINUTES March 5, 1998 PAGE 15 --------------- whether the Water Department could handle this debt service and remain profitable, to which the response was that the budget included this project and that Mr. Ori had been hired to conduct a study upon which the raise in rates had been based. Village Attorney Randolph read Resolution 17-97j98 by title only. Motion was made by Councilmember Mackail to approve Resolution No. 17-97/98. The motion was seconded by Vice Mayor Hansen. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Alexander w. Cameron - for • Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted. (H) Resolutioa No. 18-97/98 - Authorizing the village Manager to Award the Reverse Osmosis Plant Construction Aid to The Poole & Kent Company of Miami, Florida, in the Amount of $5,610,000, to be Funded from Anticipated water Revenue Bonds with Conditions. (Staff Recommends Approval) Village Manager Bradford explained that this was the bid award for the contractor for the reverse osmosis water treatment facility. Bids were opened on January 13, 1998 and the bids and contractors were reviewed by the engineering firm of Reese Macon & Associates. Since funds were not yet in hand, other bidders could file a protest relative to the award; and therefore recommended a motion to the effect to authorize issuance of an award to The Poole & Kent Company for the water treatment plant • expansion for their low bid of $5,610,000 subject to there being no protest within the time period prescribed • VILLAGE COUNCIL MEETING MINUTES March 5, 1998 PAGE 16 --------------- in the bid documents, and as required by law, or to resolution satisfactory to the Village of a protest should one occur, and subject to the village obtaining bond proceeds necessary to fund this project. Vice Mayor Hansen commented that he had met with the engineers and discussed this contract, and had been impressed with the investigation work the engineers had done. Councilmember Cameron questioned the deduct items. Bill Reese, Engineer, explained that the project had been bid with five possible deductive items to provide leeway to cut items if over budget, and recommended that the deduct items not be approved. Mr. Reese explained that other contracts in connection with this project had not yet been bid. Mr. Reese estimated the time for construction to be approximately 19 months from the • current date. Village Attorney Randolph read Resolution 18-97/98 by title only. Motion was made by Vice Mayor Hansen to approve Resolution No. 18-97/98, authorizing issuance of as award to the Poole and Kent Company for the Water Treatment Plant Expansion for their low bid of $5,610,000, subject to (a) there being no protest within the time period prescribed in the documents and as required by law, or to resolution satisfactory to the village of a protest should one occur, and (b) the Village of Tequesta obtaining bond proceeds necessary to fund this project. The motion was seconded by Councilmember Mackail. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Alexander W. Cameron - for Joseph N. Capretta - for • Ron T. Mackail - for VILLAGE COUNCIL MEETING MINUTES March 5, 1998 PAGE 17 --------------- The motion was therefore passed and adopted. I) Resolution No. 19-97/98 - Approving the Village of Tequesta Urban Services Report, which Report Sets Forth Places to Provide Urban Services to Areas Proposed to be Annexed to the Village of Tequesta, and Authorizing the Transmittal of a Copy of the Report to the Board of County Commissioners of Palm Beach County, Florida. {Staff Recommends Approval) Mayor Schauer read Resolution 19-97/98 by title only. Village Manager Bradford explained that the Urban Services Report had been prepared by Planner Michelle Falasz and applied to Bermuda Terrace, waterway village, and areas on County Line Road between the FEC Railroad and U.S. One. The other area desired to be annexed, Anchorage Point, was proposed to be accomplished through special State legislation. The Village Manager explained that if approved, the report would be transmitted to the Board of County Commissioners of Palm Beach County for review and comment by their planning staff. Mayor Schauer questioned whether immediate action would be required. village Manager Bradford responded that if the County approved the Urban Services Report, the Village Council did not have to take any action on any of the areas within the report. Ms. Falasz commented that the approval would be valid until numbers changed; which Director of Community Development Scott D. Ladd explained would be approximately a two-year period. Motion was made by Councilmember Cameron to approve Resolution No. 19-97/98. The motioa was seconded by Councilmember Mackail. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Haasen - for Alexaader w. Cameron = for Joseph N. Capretta for • VILLAGE COUNCIL MEETING MINUTES March 5, 1998 PAGE 18 --------------- Ron T. Mackail - for The motion was therefore passed and adopted. J) Resolution No. 20-97/98 - Approving an Agreement for Release of Code Enforcement Liens at 347 Country Club Drive Upon Payment of Costs to the Village. (Staff Recommends Approval) village Manager Bradford explained that the Village had a property at 347 Country Club Drive which had been fined for Code Enforcement Violations for failure to maintain and properly screen the pool and for excessive yard growth, and that the original owner had abandoned the property and could not be located. The mortgage had been foreclosed and ultimately assumed by another financial • institution. Gary and Marsha McLeod of Jupiter wished to purchase the property and bring it into compliance. Outstanding liens as of March 6, 1998 would be $72,100. If Resolution 20-97/98 was approved by the Village Council. the village would receive 51,400 which would cover the Village's costs expended in this matter. Mayor Schauer commented that she did not wish to set a precedent, but believed this was a unique case and that each of these cases should be considered individually. Councilmember Mackail considered this a win/win situation where the property would be brought into compliance at no further expense to the Village. Councilmember Capretta stated that he wanted a policy established because fines became a joke in these types of cases and a policy was needed for non-complying property to state under what conditions the Village would give up their lien, and stated that the value of the property should be known. Village Manager Bradford commented that this village Council had always expressed compliance as their number one intention, and discussed the differences in this case and in prior cases. Councilmember Capretta expressed his opinion that all of the figures regarding the value of the property, the mortgage, the lien, and the amount to • VILLAGE COUNCIL MEETING MINUTES March 5, 1998 PAGE 19 --------------- fix up the house were needed before a decision was made. Joan Marshall, Country Club Drive, stated that the house was not worth the amount owed on it. Councilmember Cameron expressed his opinion that if the village applied the $72,000 they would be penalizing the new owners, since the original owner could not be found, and the new owners wanted to fix up the property. vice Mayor Hansen expressed his opinion that no one would buy the property if the lien were applied. Councilmember Mackail stated each individual case needed to stand alone. wade Griest, Dover Road, expressed his opinion that approving this Resolution would set a precedent, and • would just exchange $72,000 for administrative costs and would not be supportive of Code Enforcement. Mayor Schauer explained there was no way the Village could ever get the money because the property owner had abandoned the property and could not be found. Councilmember Mackail stated there were two options: Make someone pay $72,000 for a home which may not be worth that amount; or try to find someone to assume the house and add $50,000 or $60,000 into the property and bring it into compliance, as Mr. and Mrs. McLeod had promised to do, and to bring it into compliance within 30 days. Mr. Griest stated this would reflect on future cases. Mayor Schauer explained that each case would be considered individually. Motion was made by Councilmember Cameron to approve Resolution No. 20-97/98. The motion was seconded by Councilmember Mackail. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for • Alexander 6a. Cameron = for Joseph N. Capretta against • VILLAGE COUNCIL MEETING MINUTES March 5, 1998 PAGE 2Q --------------- Ron T. Mackail - for The motion was therefore passed and adopted. R) Consideration of Bid Award to Ric-Man International of Pompano Beach, Florida, in the Amount of $298,577 for the Tequesta Drive Drainage Diversion Project With Fundiag Beiag Provided from Multiple Sources Subject to Approval of Contractor by Florida Department of Community Affairs. tStaff Recommends Approval) Village Manager Bradford explained that the low bid for this project, which hopefully would help stop flooding of the Dover Ditch, was more than anticipated and more than the Village had allotted for this project. Proposed funding sources were two grants, one from the Department • of Community Affairs in the amount of $121,000 and the other with Palm Beach County for $14,314. An expected $45,000 had not yet been received from FEMA, and funding sources were recommended to be augmented from the General Fund Undesignated Fund Balance in the amount of $138,347 to provide funds that would be needed if the FEMA funds were not received and a contingency needed. Also recommended was to award the bid to the low bidder contingent upon approval of the contractor by the Department of Community Affairs per the DCA Community Development Block Grant Program, and that the village Council authorize the appropriate budgetary transfers. Planner Michelle Falasz explained that an approval letter had been received from Palm Beach County, and DCA had given verbal approval of the contractor. The Village was waiting for written approval from DCA. vice Mayor Hansen expressed surprise that he had not seen this project in the 5-year Stormwater Utility plan and that it was such a large amount. Village Manager Bradford explained that it was in the 5-year plan for • $54,000, but the low bid had come in $138,347 higher than all of the funding sources available. Alan Oslund VILLAGE COUNCIL MEETING MINOTES March 5, 1998 PAGE 21 explained that this project had been originally set up as part of the Seabrook Road project, which ran higher than anticipated, and that the FII~. money was still expected. Mr. Oslund also commented that this project could come in under budget. Mayor Schauer questioned the concrete piled along Seabrook Road, to which Mr. Oslund's response was that had been done by Jupiter without Tequesta's permission, and at this point it would be better to let it stay a few days than to insist it be removed and placed elsewhere, since Jupiter had agreed to rework Tequesta's swales when they moved the pipes. Motion was made by Vice Mayor Hansen to award the contract to Ric-Man international of Pompano Beach, Florida, conditioned upon the Florida Department of Community Affairs (DCA) approval of the contractor per the DCA CDBG Program and authorize budgetary transfer to the Tequesta Drive Diversion Project from the General Fund U'adesignated Fund Balance in the amount of $138,347. The motion was seconded by Councilmember Cameron. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Alexander W. Cameron - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted. L) Consideration of Acceptance of Proposal from Reese, Macon & Associates, of Lake worth, Florida, in the Amount of $410,000 for Engineering/Construction Services, Phase III, Associated with the Construction of the Reverse Osmosis Water Treatment Plant, with Funding Provided by the Water Enterprise Fund, Capital Projects Account, with Funds Provided by the 1998 Water Revenue Boad Proceeds. • (Staff Recommends Approval) • VILLAGE COUNCIL MEETING MINUTES March 5, 1998 PAGE 22 --------------- village Manager Bradford explained this contract would not be executed until the bond money was received, and was for engineering services during phase III--the reverse osmosis plant construction. A construction budget had been provided, listing the amounts for each phase of the project. Vice Mayor Hansen commented he had spoken with the engineers and they would have a person on-site during 75$ of the construction time. Motion was made by Councilmember Mackail to approve the Proposal from Reese, Macon & Associates, of Lake worth, Florida, in the Amount of $410,000 for Engineering/Construction Services, Phase iII, Associated with the Construction of the Reverse Osmosis Water Treatment Plant, with Funding Provided by the Water Enterprise Fund, Capital Projects Account, with Funds • Provided by the 1998 Water Revenue Bond Proceeds. The motion was seconded by Vice Mayor Hansen. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Alexander W. Cameron - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted. M) Ordinance - First Reading - Amending Ordinance No. 355, as Amended, the Official Zoning Ordinance of the village of Tequesta; by Amending Appendix A, Zoning, at Section X, by Adding a new Provision Entitled "Wireless Telecommunication Towers and Antennas", Providing Definitions; Providing for Permitted Locations; Providing for Permitted Uses, Accessory Uses, and Special Exception Uses; Providing for Permits and Lease Agreements; Providing a Penalty for a violation Hereof; Providing for • Severability; Providing for Repeal of All Ordinances or Parts of Ordinances in Conflict Herewith; Providing for • VILLAGE COUNCIL MEETING MINUTES March 5, 1998 PAGE 23 --------------- • Codification; Providing as Effective Date. (Staff Recommends Approval) Mayor Schauer read the above Ordinance by title only on First Reading. village Manager Bradford explained that this Ordinance was being presented a second time for first reading because of significant changes to make the Ordinance stronger. The primary changes made were to eliminate wording by which someone might place a tower or antenna in Tequesta right-of-ways, and to clarify that for purposes of this Ordinance the mixed-use zoning district would be considered residential. village Attorney Randolph commented that the Ordinance previously allowed a tower to go on village-owned or leased property anywhere in the village, commercial or residential. Attorney Randolph explained that he had changed the Ordinance so that towers permitted on Village property could only be placed on Village property in the commercial area. Motion was made by Couacilmember Mackail to approve the above Ordinance with the change made by Attorney Randolph to allow towers to be placed on Village property only in the commercial area. The motion was seconded by Councilmember Cameron. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Alexander w. Cameros - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted. • . VILLAGE COUNCIL MEETING MINU'T'ES March 5, 1998 PAGE 24 --------------- XI. UNFINISHED BIISINESS A) Ordinance - Second Reading - Adopting a Franchise Agreement with Adelphia for CATV Service in the village of Tequesta. (Staff Recommends Approval) Village Manager Bradford reported that at the last village Council meeting, first reading had included a compromise with Adelphia. Mr. Bradford explained that a letter had been received from Adelphia indicating they would pay the ad valorem taxes on property they leased from the Village. Compromise issues suggested by the Village Council were to allow the term of the franchise agreement to be ten years as requested by Adelphia, to include internet services for Tequesta as gross revenues, and for Tequesta to maintain the free internet service as • well as CATV service for Village-owned, operated, and/or leased facilities. Adelphia had responded, agreeing to the ten-year term, agreeing to provide the Village with the free internet service and for clarification purposes indicated that the free service they would be providing was dial up service; via phone lines as opposed to via cable lines; and agreeing to pay the franchise fee on internet services at an allocated amount. This would mean Adelphia would pay the franchise fee on internet services in an amount equal to what a person would pay if they subscribed to America Online. village Manager Bradford recommended accepting Adelphia's terms. Vice Mayor Hansen questioned the ten-year term, to which the village Manager responded that ten years had been negotiated and was a shorter term than the County's franchise agreement of 15 years and Jupiter's franchise agreement term which was 12 years. Mayor Schauer announced that Adelphia would have their C-Span school bus at Jupiter High School on Tuesday, March 17 from 8 a.m. to 12 noon. • Village Attorney Randolph read the above Ordinance by title only on second reading. • VILLAGE COUNCIL MEETING MINUTES March 5, 1998 PAGE 25 --------------- Village Manager Bradford requested that the record reflect that he would make a written change to the franchise agreement indicating that the Internet service would be on an allocated basis. The Village Council concurred with the Village Manager making that written amendment to the Franchise Agreement. Motion was made by vice Mayor Hansen to approve the above Ordinance on Second Reading Adopting a Franchise Agreement with Adelphia for CATV Service in the village of Tequesta. The motion was seconded by Councilmember Mackail. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Alexander W. Cameron - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted. XII. ANY OTHER MATTERS Vice Mayor Hansen commented that he had been out of town and was not present at the Village Council meeting where the Village Council had voted to not to sell the Water Plant. Vice Mayor Hansen expressed his pleasure in this vote so that the Village could continue the independence established by having their own Police and Fire Departments. The vice Mayor reported that generally residents he spoke with were happy with that decision. Vice Mayor Hansen stated that personally he believed independence was worth spending money if necessary, and if his tax bill should increase he would say it was money well spent in order to have independence. VILLAGE COUNCIL MEETING MINOTES March 5, 1998 PAGE 26 --------------- XII. ADJOURNMENT Councilmember Cameron moved that the meeting be adjourned. Councilmember Mackail seconded the motion. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Alexander W. Cameron - for Joseph N. Capretta - for Ron T. Mackail - for the motion was therefore passed and adopted and the meeting was adjourned at 9:28 P.M. • Respectfully submitted, ~~"~ ~\ L ~~~ Betty Laur Recording Secretary ATTEST: ~~ Joann Manganiel o Village Clerk DATE APPROVED: ~~ ~; i99~ •