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HomeMy WebLinkAboutMinutes_Regular_02/12/1998 F tf yP ~ G~~A ` _ ~ VILLAGE OF TEQUESTA Yost Office tic.>s 32?3 ~^ Tequesta I)ri~c ~ o 'Tequesta, Florida 334(9-02,3 (~61 ) ~'~-62(H) c~ Fttx: (~<t) ~?>-6203 •~, 4~ 4pH CO ty VILLAGE OF TEQUESTA VILLAGE COUNCIL MEETING MINUTES FEBRUARY 12, 1998 U 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, February 12, 1998. The meeting was called to order at 7:02 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 Ran 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 Alexander W. Cameron 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 Eastward Ho. • Kec,7rR~d Paper • VILLAGE COUNCIL MEETING MINUTES FEBRUARY 12, 1998 PAGE 2 --------------- Councilmember Mackail made a motion to approve the Agenda as amended. Vice Mayor Hansen seconded the motion. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Alexander fA. 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. COMMQNICATIONS FROM CITIZENS (NON-AGENDA ITEMS) • There were no communications from citizens. V. PRESENTATIONS AND PROCLAMATIONS A) Presentation by the United States Department of the Interior Bureau of Land Management (BLM) aad Palm Beach County Department of Environmental Services Regarding Proposed Series of Small Controlled Burns at the Jupiter Inlet Natural Area. Barry Jennings, representative for Palm Beach County Department of Environmental Resource Management and the Bureau of Land Management with the Department of the Interior, discussed a series of prescribed burns which would be conducted at the Jupiter Inlet Natural Area. Mr. Jennings explained that he was a biologist as well as environmental program supervisor with the Palm Beach County Department of Environmental Resources Management. Mr. Jennings provided a slide presentation which began with the history of funding for purchase of • environmentally sensitive lands throughout the State of Florida as well as in Palm Beach County, objectives of • VILLAGE COUNCIL MEETING MINUTES FEBRIIARY 12, 1998 PAGE 3 --------------- prescribed burns, the prescribed burn program, showed personnel and equipment used in prescribed burns, and a prescribed burn which had been conducted in Palm Beach County. Mayor Schauer questioned whether a permit application had been given to Fire Chief Weinand, to which Mr. Jennings responded that details such as a controlled burn for land clearing and a prescribed burn were being worked out with Chief Weinand. Mr. Jennings discussed the proper timing for the proposed burn, which he explained was set for earlier than the stated prescription because of el Nino. Mayor Schauer questioned whether this presentation had been made to Jupiter Inlet Colony, since they were in very close proximity to the burn. Mr. Jennings responded that he had not made a presentation, but that community would be notified. Notification would be done by letter to . involved agencies and communities, newspaper articles, and door-to-door handouts, to determine people sensitive to smoke so that they could be notified to stay indoors at the time of the burn. Vice Mayor Hansen questioned whether there would be ten burns since the land had been divided into ten plots. Mr. Jennings explained that one plot would be burned each year. Councilmember Cameron inquired whether the Tequesta Fire Department would participate, to which Mr. Jennings responded that Chief Weinand had declined an invitation to participate without financial compensation, and that Palm Beach County would provide fire protection free of charge. Mr. Jennings clarified that the Bureau of Land Management would be working with Chief Weinand to finalize the required permit. V. CONSENT 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 VILLAGE COUNCIL MEETING MINTJTES FEBRUARY 12, 1998 PAGE 4 --------------- 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: VII. APPROVAL OF MINUTES AND REPORTS *A) Community Appearance Board; December 3, 1997 *B) Local Planning Agency; January 22, 1997 *C) Special Master Hearing; November 25, 1997 *D) Special Village Council Meeting; January 13, 1998 *E) Village Council Meeting; January 8, 1998 *F) Village Manager's Report - January 5, 1998 - February 6, 1998 VIII. NEW BUSINESS *F) Recommendation to Purchase Anhydrous Ammonia from the Co-op Supplier Tanner Industries, Inc., of Philadelphia, PA, in the Amount of $1, 380.00 for the Estimated Quantity of 7, 500 lbs. ~ $0.184/Ib. Funding Provided by the Water Enterprise Fund, Pumping and Storage Division, Chemicals Line Item, Having an FY 98 Budget Allocation of $44, 836.00 (Staff Recommends Approval) Motion was made by Councilmember Mackail to approve the Consent Agenda as presented. The motioa was seconded by Vice Mayor Hansen. The vote on the motioa was: Elizabeth A. Schauer - for Carl C. Hansen - for Alexander N. 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. • VILLAGE COUNCIL MEETING MINUTES FEBRUARY 12, 1998 PAGE 5 --------------- VIII. COMMITTEE REPORTS A) Fiaaace & Administration Committee; January 26, 1998 Village Manager Bradford reported that at their January 26, 1998 meeting, the Finance & Administration Committee had reviewed a proposed wireless communication tower and antenna ordinance. The Committee recommended adoption of the ordinance. Also considered was a status report on annexation plans presented by Village Clerk Manganiello, who provided an overview of the ten areas proposed for annexation and the ways and • means to accomplish same, including a referendum for possibly Bermuda Terrace, the area across from Tequesta Park, and Waterway village--depending upon several factors, including Palm Beach County's annexation incentive program and the acceptance and approval of the urban services report. Possible pursuit of special legislation was discussed relative to the Anchorage Point area. Motion ovas made by vice Mayor Hansen to approve the report of the Fiaaace & Administration Committee as presented. The motion was seconded by Councilmember 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. • VILLAGE COUNCIL MEETING MINUTES FEBRIIARY 12, 1998 PAGE 6 --------------- IX. DEVELOPMENT MATTERS A) Landscape Ordinance No. 377 Plan Review; Landscape Plan Submittal; LaMar Condominium, 375 Beach Road. O'Mahoney Design Group. Director of Community Development Scott D. Ladd commented that the Community Appearance Board had reviewed the plans for LaMar Condominiums and that Landscape Architect Emily O'Mahoney had amended the drawings to incorporate changes requested by the Community Appearance Board. Ms. O'Mahoney explained that parking did not meet requirements because of the constrained space and had very little planting area. Two coconut trees had been added to an existing island, an existing seagrape would be encouraged to grow into a tree instead of a shrub, and • a citrus tree had been added. Vice Mayor Hansen commented that even though there were fewer parking spaces than required, when he had been there, there were many vacant spaces. Councilmember Cameron questioned whether citrus trees would do well in that location, to which Ms. O'Mahoney responded they should do well. Motion was made by Councilmember Mackail to approve the Landscape Plans and waivers for Ordinance 377 compliance for LaMar Condominium, 375 Seach Road. The motion was seconded by Vice Mayor Hansen. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Alexander DP. Cameron - for Joseph N. Capretta - for Roa T. Mackail - for The motion was therefore passed and adopted. • B) Landscape Ordinance No. 377 Plan Review; Landscape Plan Submittal; Ocean villas Condominium, 225 Beach Road. VILLAGE COUNCIL MEETING MINUTES FEBRIIARY 12, 1998 PAGE 7 --------------- O~Mahoney Design Group. Director of Community Development Scott D. Ladd reported that there were 50 parking spaces of the 72 required; however the size of the site was too small to accommodate any more parking spaces; that the Community Appearance Board had requested addition of two coconut trees; and that this plan as well as the other two presented by Ms. O'Mahoney tonight had all requested 3-year phasing but had been cut back to one year. Landscape Architect Emily O'Mahoney explained that the Community Appearance Board had requested coconut trees in place of the proposed live oaks and had added cabbage palms. The Homeowners Association had requested and the Community Appearance Board had agreed that the curve area be kept clear for visibility, and in fact, those plants had already been removed and replaced. Motion was made by Councilmember Mackail to approve the Landscape Plans and waivers for Ordinance 377 compliance for Ocean villas Condominium, 225 Beach Road. The motion was seconded by Vice Mayor Hansen. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Sansen - 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; Ocean Towers North Condominium, 200 Beach Road. O~Mahoney Design Group. • Director of Community Development Scott D. Ladd explained that the Homeowners Association would like not to use • VILLAGE COUNCIL MEETING MINUTES FEBRUARY 12, 1998 PAGE 8 --------------- some of the suggestions made by the Community Appearance Board. Ms. O'Mahoney presented the original plan presented to Community Appearance Board and explained that along the upper property line three Noronhia trees had been proposed, of which two were existing and were on the neighboring property. Since Community Appearance Board review, the neighboring condominium, the Regency, had planted a third tree on their side. The Community Appearance Board had requested five coconut trees in this location; however, the Homeowners Association wanted Noronhia trees because of potential damage to cars. Councilmember Cameron questioned why the existing Australian pine hedge had not been removed, to which Ms. O'Mahoney responded that hedge was on the adjoining property. • Motion was made by Councilmember Mackail to allow the Homeowners Association to plant the type of trees they desire and to approve the Landscape Plans and waivers for Ordinance 377 compliance for Ocean Towers North Condominium, 200 Beach Road. The motion was seconded by Councilmember Cameros. 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. D) Landscape Ordinance No. 377 Plan Review; Landscape Plan Submittal; Tequesta Motor Cars, 746 U.S. Highway One North. Nilliam S. Burckart, as Agent. Village Manager Bradford reported that this applicant had requested that this item be delayed to the March 5, 1998 • Village Council meeting. • VILLAGE COUNCIL MEETING MINUTES FEBRUARY 12, 1998 PAGE 9 --------------- Motion was made by Councilmember Mackail to table until March 5, 1998 consideration of the Landscape Plans and waivers for Ordinance 377 compliance for Tequesta Motor Cars, 746 U.S. Highway One North. 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 Roa T. Mackail - for The motion was therefore passed and adopted. • X. NEW BUSINESS A) Consideration of Town of Jupiter Request for village of Tequesta Participation in Funding Costs Not to be Paid by Jupiter Inlet District for Placement of Existing FPL Distribution Line aad Proposed FPL Transmission Liae Underground at the Alternate AiA Bridge is Jupiter. (Staff Recommends Rejection at this Time) Village Manager Bradford provided a transparency depicting the areas to be discussed. The Village Manager explained that each Councilmember had received a copy of the letter from Jupiter inquiring whether Tequesta had any interest in participating in their proposal to bury the FPL transmission line under the river on the east side of the Alternate AlA bridge, and the distribution line on the west side of the bridge. Village Manager Bradford reported that Jupiter Inlet District had agreed to fund approximately $705,000 of the $1.268 million cost estimated to bury the two lines. Village Manager Bradford expressed his opinion that the portion to be • buried under the bridge had merit; however, he recommended against participation in the cost of the • VILLAGE COUNCIL NBETING MINUTES FEBRUARY 12, 1998 PAGE 10 --------------- portion which Jupiter Cove residents had requested be buried, since Jupiter was proposing that section be placed underground for political reasons to satisfy their residents. Since the sections had not been separated as to cost, an estimate was made by measuring the length of the proposed underground line, assuming it had been drawn to scale, and dividing according to percentage. This method produced a figure of approximately $203,000 to bury the lines under the bridge. From that, a determination needed to be made as to what was fair for Tequesta based on population or taxable value. A percentage of total population between the municipalities produced a 13.2 population figure for Tequesta, or $26,767; and using taxable value Tequesta's share would be 14.4, or $29,200. The average of the two computations was $27,984. Since at this time Tequesta • did not know the cost of placing the transmission line through the Village, and FPL and the FEC Railway were in the process of settling their lawsuit over cost of leases FEC charged FPL for crossing their right of ways which might allow FPL to purchase or lease land to place the transmission line on the west side of Old Dixie Highway, Village Manager Bradford recommended that a decision whether to participate in the cost of burying the line at the bridge be delayed until the outcome of the lawsuit settlement was known. Mayor Schauer questioned whether Jupiter had asked the County to participate in the cost, to which Village Manager Bradford responded he did not know. Vice Mayor Hansen expressed his opinion that the Village should wait until they found out whether they would have any costs in regard to the transmission line through the Village before making a decision whether to participate in the cost of burying the line under the bridge. Councilmember Cameron commented that at some later date Tequesta might consider contributing approximately $25,000 in the area under the bridge, but should not make any commitment until the cost of the line • through the Village was known. Similar comments were made by the other Councilmembers. Councilmember Mackail VILLAGE COUNCIL MEETING MINUTES FEBRUARY 12, 1998 PAGE 11 --------------- stated he wanted to see a coordinated plan between Jupiter, Tequesta, Palm Beach County, and FEC Railway which would bring this matter to a conclusion without each municipality suffering consequences. Village Manager Bradford commented that the contribution made by Jupiter Inlet District was partly Tequesta's money. Mayor Schauer passed the gavel to vice Mayor Hansen. Motion was made by Mayor Schauer authorizing the Village Manager to write a letter to the Town of Jupiter stating that until Tequesta had a complete scenario from A to Z of where the power lines were going Tequesta was not going to make any financial commitment to anything until Tequesta's part was known and asking if Jupiter would like to participate in cost sharing for the village Tequesta. The motion was seconded by Councilmember • Cameros. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Alexander 6P. Cameron - for Joseph N. Capretta - for Roa T. Mackail - for The motion was therefore passed and adopted. Vice Mayor Hansen commented that in his opinion the cost of overhead lines of $135,000 was totally out of proportion to the cost of placing the transmission lines underground, which cost ten times that amount. Village Manager Bradford verified that the cost was based on a bid. B) Resolution No. 9-97/98 - Approving an Interlocal Agreement Between the Town of Jupiter and the village of Tequesta for Joint Funding of the Routine Maintenance of Dover Ditch and Authorizing the Mayor to Execute the Same on Behalf of the Village. (Staff Recommends Approval) • VILLAGE COUNCIL MEETING MINOTES FEBRUARY 12, 1998 PAGE 12 --------------- Village Manager Bradford explained that Tequesta had filed a petition for Administrative Hearing to stop Jupiter from moving forward with their drainage improvement plans for Riverside Drive area because they had not secured permission from the Village to increase the discharge to Dover Ditch. Since that time, an agreement had been worked out with the Town of Jupiter, breaking into percentages the total amount of permitted discharge to Dover Ditch, which came to 40~ for Jupiter and 60~ for Tequesta, based upon the permit from South Florida Water Management District and Tequesta's previous permit. The Village Manager explained that under the agreement the Village would continue to manage the ditch per the requirements set by Palm Beach County in 1979, and third party contracts would continue to be used to do the landscaping maintenance to maintain the area and the • banks which currently cost $800 per month, of which Jupiter would now pay 40~. If the agreement was approved by the Village Council, the petition for Administrative Hearing would be withdrawn. Mayor Schauer questioned whether Jupiter must agree on the maintenance company, to which the response was negative. village Manager Bradford explained that a quarterly contract was now in effect with Rood Landscape Company which was billed on a monthly basis, and that for any large maintenance costs in the future such as, for example, bank stabilization, Jupiter would pay 4o~k. During ensuing discussion, Councilmember Capretta commented that the Village must keep an eye on the area to be sure a larger problem did not develop, such as erosion washing away the back yards of the landowners who lived along the ditch. Director of Public Works and Recreation Gary Preston explained that the Seabrook project had reduced the amount of water going into the ditch; and that Rood mowed the banks twice a month except in winter when they mowed once a month, also applied herbicides and pesticides, and made the village aware of any problems. Mr. Preston explained • that the Village checked the area once a month. Mr. Preston commented that in the event of a major flood • VILLAGE COUNCIL MEETING MINUTES FEBRUARY 12, 1998 PAGE 13 --------------- there could be damage to the banks since the ditch was designed as an outfall system. In response to Councilmember Mackail, Mr. Preston commented that the Riverside Drive drainage project was coordinated between Jupiter and Tequesta in regard to Dover Ditch. Vice Mayor Hansen questioned whether weirs had been built to prevent salt water intrusion. Mr. Preston explained that the weirs should be finished within two months. Councilmember Capretta commented that the agreement should be approved but the Village should set up a procedure to make a major inspection of the ditch quarterly. Village Attorney Randolph read Resolution No. 9-97/98 by title only. • Councilmember Mackail made a motion to approve Resolution No. 9-97/98. 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. C) Resolution No. 10-97/98 - Expressing the Village Council's Vigorous Opposition to House Bill 3291 v~hich is Sometimes Cited as the "Telecommunications Rights-of-way Act" or Any Similar Legislation Since Such Act or Legislation would Have Significant Adverse Impacts with Regard to a Local Governments Authority Over its Public Rights-of-way as well as Its Authority Over Telecommunications Providers who May wish to Utilize Same; Providing for Distribution of this Resolution; • Providing an Effective Date; and For Other Purposes. (Staff Recommends Approval) • VILLAGE COUNCIL MEETING MINUTES FEBRUARY 12, 1998 PAGE 14 --------------- Village Manager Bradford explained that there was a move afoot in the State of Florida via the introduction of House Bill 3291, also known as the Telecommunications Rights-of-Way Act, to limit municipal regulation of telecommunications usage of municipal rights-of-way and limiting the franchise fees that cities collect from such telecommunications providers for the use of such rights- of-way. Village Manager Bradford explained that from the municipal perspective, this was an ill-advised Bill because it was a usurpation of local government regulatory rights and would impose drastic revenue reductions for all municipalities, including Tequesta, imposing franchise fees on telecommunications providers utilizing rights-of-way within their jurisdiction. If franchise fees from telecommunications providers were reduced or done away with, this would negatively impact • Tequesta~s revenue flow which could only be augmented with a commensurate increase in property taxes. Furthermore, a reduction in the same could effect the revenues pledged or intended to be pledged in future bond issues since this source of revenue was a significant non-ad valorem revenue source for Tequesta. The Village Manager explained that these franchise fees were typically used to pay back the principal and interest due on revenue bonds. Village Manager Bradford reported that he had recently communicated with Representative Sharon Merchant, a member of the Utilities and Communications Committee which considered House Bill 3291, and Resolution 10-97/98 had been modeled after a resolution recently adopted by the Palm Beach County Municipal League in opposition to the Telecommunications Rights-of- Way Act. Councilmember Mackail explained that the feeling of the Municipal League was that this was another unfunded mandate and that hometown rule was very important. Village Manager Bradford responded to Councilmember Cameron that he never heard back from Representative Merchant. Councilmember Capretta • expressed his opinion that the telecommunications industry must separate the problem of allowing themselves VILLAGE COUNCIL MEETING MINUTES FEBRUARY 12, 1998 PAGE 15 --------------- to grow and progress in new technologies and the problem of revenue sharing. Village Attorney Randolph read Resolution 10-97/98 by title only. Councilmember Mackail made a motion to approve Resolution No. 10-97/98. The motion was seconded by vice Mayor Hansen. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - far Alexander W. Cameron - for Joseph N. Capretta - for Ron T. Mackail - for • The motion was therefore passed and adopted. D) Ordinance - First Reading - Adopting a Franchise Agreement with Adelphia for CATV Service in the Village of Tequesta. (Staff Recommends Approval) Village Manager Bradford read highlights of the recently negotiated Franchise Agreement with Adelphia: The Franchise term is for seven (7) years with Adelphia having a three (3) year renewal option upon substantial compliance with the material provisions of the Franchise. Adelphia is required to up-grade the system to a capacity to 750 MHZ within five (5) years of the effective date of the Franchise. • Channel capacity shall be maintained at not less than 50 channels at all times. • The Village is provided with an access channel, if needed, subject to limitations. VILLAGE COUNCIL basETING MINUTES FEBRIIARY 12, 1998 PAGE 16 --------------- • Council Meetings can be cablecast on a tape-delayed basis, and at the request of the Village, upon the completion of Adelphia~s referenced system up- grade, Adelphia shall cablecast Village Council Meetings live, if the Village so requests. • Payment of a Franchise Fee of 5~ of the Company' s gross revenues to be paid to the Village on a quarterly basis. Currently, Tequesta's Franchise Fee is 6~ and paid on a annual basis. The 1996 Telecommunications Act limits franchise fees to 5~. Accordingly, Tequesta must comply with the same. • Adelphia will provide, free of charge, cable service and Internet subscription service to each facility owned, operated, or leased by the Village. This is very beneficial to the operations of the village, particularly regarding the newly provided Internet service. • Payment of a transfer fee of $1,500 to Tequesta in the event Adelphia Cable is sold or transferred to another. This is to cover Tequesta~s expenses in acting upon the request for sale or transfer. • Other Agreement provisions ranging from definitions to revocation procedures. Village Manager Bradford commented that at the public hearing it was desired to add internet services under gross revenues as well as any service utilizing Village rights-of-way for service delivery. Adelphia's legal counsel had advised Village Manager Bradford that Adelphia would be willing to include internet services under gross revenues but wanted an allocation of the revenues so that a portion of the internet service was delivered over phone lines, and they would be willing to • pay up to the amount that a subscriber to America Online typically pays monthly. In return, Adelphia wanted to • VILLAGE COUNCIL FETING MINUTES FEBRIIARY 12, 1998 PAGE 17 --------------- delete the Village's free internet service, but would continue to offer the Village free cable service, and wanted the term of the agreement to be for ten years rather than seven years with a 3-year renewal. Adelphia also objected to including payment for any service utilizing Village rights-of-way for service delivery because they did not feel they should pay franchise fees for long distance phone communications when they were paying to lease the telephone lines from a telephone provider who theoretically should be paying franchise fees to the Village based upon their revenue received from Adelphia. Village Manager Bradford advised that staff wanted the free internet service. Village Attorney Randolph commented that in his opinion a shorter agreement was better for the Village; although • the agreement was essentially a 10-year agreement. Councilmember Cameron commented it was important that the Village have the internet service, but was troubled that this aspect could be sizeable in ten years with the Village receiving no fees. Councilmember Capretta expressed his opinion the Village should sign the 10-year agreement with the provision that internet services would be negotiated in a year or two when more information would be available regarding growth and income. After ensuing discussion, village Attorney Randolph recommended that as a compromise the Village include internet services as part of gross revenues and make the agreement for ten years, but not give up free internet services. Mark Galloway, Regional Manager with Adelphia, expressed a desire to discuss the suggested compromise with Village Manager Bradford and Adelphia's legal counsel. Couacilmember Cameron made a motion to table first reading of the proposed Ordinance 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: VILLAGE COUNCIL MEETING MINUTES FEBRUARY 12, 1998 PAGE 18 --------------- Elizabeth A. Schauer - for Carl C. Hansen - for Alexander ~v. Cameron - for Joseph N. Capretta - for Ron T. blackail - for The motion was therefore passed and adopted. Village Manager Bradford requested clarification of the motion. After discussion, Councilmember Cameron agreed with Village Attorney Randolph and stated that the motion he wished to make was to put the internet service back into gross revenue; allow the Village free internet service; and go to the 10-year contract term. Mr. Galloway stated that he had understood the internet fees were to be removed from gross revenues and negotiations • on internet fees to be negotiated in the future; keep the free internet service for the Village; and make the term ten years. After further discussion, Village Attorney Randolph commented Adelphia had indicated they would be willing to give the Village internet in gross revenues if the Village would give up the free internet access, and give them a ten-year term. The Village Attorney suggested a compromise of giving Adelphia the ten-year term, give the Village free internet access, and leaving internet in gross revenues. After ensuing discussion, the following motion was made: Councilmember Cameron made a motion to rescind his motion to table first reading of the proposed Ordinance Adopting a Franchise Agreement with Adelphia for CATV Service in the Village of Tequesta. The motion was seconded by Couacilmember Mackail. The vote oa the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Alexander N. Cameron - for . Joseph N. Capretta - against Ron T. Mackail - for • VILLAGE COUNCIL MEETING MINUTES F}3BRUARY 12 , 19 9 8 PAGE 19 --------------- The motion was therefore passed and adopted. Councilmember Cameron made a motion to approve the Ordinance on first reading with the following conditions: 1. include iaternet services in gross revenue; 2. Allow Tequesta free iaternet service; 3. Amend the contract to a straight ten-year contract rather than a seven-year contract with 3-year renewal option. The motion was seconded by Couacilmember Mackail. Village Attorney Randolph read the Ordinance on first reading by title only, and stated that the agreement attached to the Ordinance had been modified is accordance with the conditions stated. The vote on the motion was: • Elizabeth A. Schauer = for Carl C. Hansen for Alexander w. Cameron - for Joseph N. Capretta - against Roa T. Mackail - for The motion was therefore passed and adopted. Mr. Galloway advised that Adelphia's General Counsel would contact the village Manager. E) 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 is Conflict Herewith; Providing for Codification; Providing an Effective Date. (Staff VILLAGE COUNCIL MEETING MINUTES FEBRUARY 12, 1998 PAGE 20 --------------- Recommends Approval) village Manager Bradford explained that this Ordinance had been reviewed by the Finance and Administration Committee at their January 1998 meeting, who recommended approval; and that the Village Attorney had made changes he felt appropriate. Mayor Schauer questioned mixed use zoning areas and whether residential areas were protected. Attorney Randolph explained that a permitted use would only be allowed on village owned property and otherwise it was a special exception use in commercial areas. Height and lighting was discussed. Village Manager Bradford explained certain lighting was required in order for pilots to determine location of towers at night. Village Attorney Randolph explained that height could not be in excess of the tallest height already • allowed within the district. Director of Community Development Scott D. Ladd clarified that the tallest height allowed was 104' if on a 6-story building, or 75' for a stand-alone tower. The Village Attorney explained that this Ordinance had been patterned after a Palm Beach ordinance which was patterned after a model ordinance established for several communities. Mayor Schauer questioned landscaping requirements, which Village Manager Bradford explained were to screen the tower compound at ground level. Councilmember Cameron expressed his opinion that it was ridiculous what was happening in Boca Raton and other areas with people protesting cell phone towers when they probably all had cell phones; and if this became a Village issue in the future residents protesting a cell phone tower should be asked to leave their cell phones in a box by the front door. Village Attorney Randolph stated that Mayor Schauer had read the Ordinance by title only on first reading. • . VILLAGE COUNCIL MEETING MINUTES FEBRUARY 12, 1998 PAGE 21 --------------- Councilmember biackail made a motion to approve the above Ordinance on first reading. The motion was seconded by vice Mayor Hansen. The vote oa the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Alexander N. Cameron - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted. G) Consideration of Jupiter High School Project Graduation Request for Funding from Village of Tequesta. Village Manager Bradford advised that $1,000 had been . granted in past years and there had been discussion of giving $500. A letter of request had been received from Kathy Basquill in which no specific amount was requested. Mayor Schauer recommended a $1,000 donation. Lori Ombres spoke to the Village Council, describing the project and requesting $1,000. Councilmember Mackail made a motion to donate $1,000 to Jupiter High School Project Graduation. The motion was seconded by Couacilmember Cameron. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Alexander W. Cameron - for Joseph N. Capretta - for Roa T. Mackail - for The motion was therefore passed and adopted. H) Resolution No. i1-97/98 - Approving a Proposal with • Gabriel, Roeder, Smith & Company is an Amount not to Exceed $5,000.00 for Actuarial and Other Services VILLAGE COUNCIL MEETING MINUTES FEBRIIARY 12, 1998 PAGE 22 --------------- Associated with Amending General Employee Retirement Benefits to be a Defined Contribution Plan, with Said Funding to be Provided From the FY 1998 Undesignated General Fund Balance Estimated to be $710,822. (Staff Recommends Approval) Village Manager Bradford reminded the Village Council that he had previously reported to them that the general employees of the Village had approached him and indicated they wished the village to convert its retirement plan from a defined benefit plan to a defined contribution plan. The Village Council indicated that this would be acceptable to them. In the course of pursuing this matter, the Village Manager concluded that it was beyond his realm of expertise to undertake certain aspects of this effort, and contacted Steve Palmquist, the Actuarial that is the account representative for the Village of Tequesta Employeets Pension Trust Fund, in order to secure the services of his company. The Village Manager recommended that the Village Council approve the Gabriel, Roeder Agreement in an amount not to exceed $5,000 to enable this work effort to proceed. Mr. Palmquist indicated such to be estimated at less than $5,000, but this amount was included within the Resolution to give some leeway to any expenses and cost overruns that might occur. Councilmember Mackail questioned whether zip codes in the State of Florida were becoming an issue in regard to funds coming back to programs such as those under Chapters 185 and 175, since some municipalities had only one zip code and others had several. Village Manager Bradford agreed that several communities believed themselves to have serious problems in this regard; however, Tequesta was probably be on the other end of the spectrum because there were so many other areas besides the Village included in zip code 33469. Village Attorney Randolph stated that Mayor Schauer had • read the Resolution by title only. • VILLAGE COUNCIL MEETING MINOTES FEBRUARY 12, 1998 PAGE 23 --------------- Councilmember Mackail made a motion to approve Resolution No. 11-97/98. 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. M.ackail - for The motion was therefore passed and adopted. I) Resolution No. 12-97/98 - Approving a DQater Service Agreement Between the Sterling House Corporation and the Tequesta Nater Department and Authorizing the village Manager to Execute the Same on Behalf of the village of • Tequesta. (Staff Recommends Approval) Water Department Manager Tom Hall explained that the addendum to the agreement had been provided by Sterling House. village Attorney Randolph recommended adoption of the Resolution subject to his approval. Discussion ensued regarding agreements with the water Department. Mr. Hall explained that such agreements were primarily for extension of any water mains that would be dedicated to the Village. Village Attorney Randolph responded to Councilmember Mackail that anyone purchasing the property would be subject to the terms of the agreement, which would run with the land. Councilmember Mackail commented that the addendum alerted him to the possibility of another best use of the property. Mayor Schauer stated she had read Resolution No. 12-97/98 by title only. Vice Mayor Hansen made a motion to approve Resolution No. 12-97/98 subject to approval by the village Attorney. • The motion was seconded by Councilmember Cameron. The vote on the motion was: • VILLAGE COtTNC I L MEETING MINUTES FEBRIIARY 12, 1998 PAGE 24 --------------- Elizabeth A. Schauer - for Carl C. Hansen - for Alexander N. Cameron - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted. J) Discussion Regarding Consideration of Engineering Services Proposal from Reese, Macon & Associates of Lake North, Florida, to Perform Tequesta Nater System Cost Evaluation, in the Amouat of $29,750. Village Manager Bradford reported Seacoast Utility Authority had been given 30 days to present a proposal for purchase of the Village's Water Department, and that • time is of the essence because bids for construction of the RO plant would expire April 13, 1998. Village Manager Bradford explained that an in-house evaluation of the water Department by the engineers was needed in order to determine whether any offer by Seacoast was good or bad; however, the Councilmembers might not wish to spend money for an evaluation until an actual viable offer had been made, and because of a tight budget staff did not wish to spend money for an evaluation unless it was absolutely necessary. Village Manager Bradford requested direction from the Village Council. Bill Reese answered questions from Mayor Schauer regarding tasks already being done; and commented that he was not certain of the time line for the RO bonds and wanted to be sure that even if this evaluation would be approved at tonight's meeting he was not sure it could be done in time to provide the village with the information needed before the decision to move forward with the bonds must be made, if that must happen before April 13. Mr. Reese commented that the Village must make a decision whether an offer was good enough to warrant letting the bids lapse, and at • that time to do an evaluation, which was about a 3-month job, and it would take 40 days to have something the . VILLAGE COUNCIL MEETING MIN[TTES FEBRUARY 12, 1998 PAGE 25 --------------- Village could use for negotiation purposes. Extensive discussion ensued. Councilmember Capretta pointed out that income streams should be compared when an offer was received as to whether more income would be derived from accepting the offer or by having a water plant which would produce income. Financial analysis was therefore necessary as well as assurance with any offer of a long- term supply of pure water and that residents would pay less than if the Village had its own water company. Councilmember Capretta commented Jupiter did not want Tequesta's RO plant, and if Seacoast did purchase the village's water department a regional water operation minus Jupiter would be in effect. Councilmember Capretta concluded that a decision should be based on whether to expand or sell would be of greatest benefit financially, • since in either case citizens would get water at low cost, and employees would be protected. Councilmember Mackail commented the same consultant who made the offer from Jupiter was making an offer from Seacoast with a difference of a million dollars; that the study should have been done a year ago; and that some basis was needed to move forward. Councilmember Mackail commented that once bids and bonds were issued, a potential buyer might no longer be interested. Mr. Reese stated he had no feel for the worth of the water department. Councilmember Cameron suggested that the real value was what someone was willing to pay and the Village should not put into print what they believed it to be worth; therefore he recommended the study should not be done. Councilmember Cameron made a motion to turn down the proposed Engineering Services Proposal from Reese, Macon & Associates of Lake worth, Florida, to Perform Tequesta water System Cost Evaluation. 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 • VILLAGE COUNCIL MEETING MINUTES FEBRUARY 12, 1998 PAGE 26 --------------- Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted. Councilmember Capretta commented that if and when an offer was received, a way must be found to come up with a value, and a plan could be devised based on cost and potential growth. Councilmember Capretta stated Plan A was to float bonds and build an RO plant, which would only be stopped by a fabulous offer which would force the Village to think about whether to stop Plan A and accept the offer; and that the Village did not need to be desperate since if they did built`'~the RO plant that would _._.--- only increase the.-value of the water system to a potential buyer. Councilmember Capretta suggested the • study might be made after construction of the RO plant so that. the Village would be prepared for future purchase offers. R) Resolution No. 13-97/98 - Approving a Professional Engineering Services Agreement with Cherie Sova, P.E., of west Palm Beach, Florida, for a Level of Service Drainage Study in the Amount of $15,000, Having a Stormwater Utility 1998 Budget Allocation of $15,000, and Authorizing the Village Manager to Execute the Same on Behalf of the village of Tequesta. (Staff Recommends Approval) 1 ~ Villa e Mann er Bradford recommended a royal of the -~. g g PP ~' ~ \ study to compare current level of service with recommended level of service,'~and explained that $15,000 had been budgeted for this item. Councilmembers agreed that a plan was needed. Councilmember Mackail made a motion to approve Resolution No, 13-97/98. The motion was seconded by vice Mayor • Hansen. Village Attorney Randolph read Resolution No. 13-97/98 by title only. The vote on the motion was: • VILLAGE COUNCIL MEETING MIN[JTES FEBRUARY 12, 1998 PAGE 27 --------------- 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) Announcement/Notice of Attorney-Client Session Concerning Village of Tequesta v. Loxahatchee River Environmental Control District (ENCON) at a Special Meeting to Be Held on February 17, 1998, Commencing at 4:30 p.m. in the village Hall Council Chambers, 357 Tequesta Drive, Tequesta, Florida, Wherein a Closed Door Attorney-Client Session per F.S. 286.011(8) Shall be Held. John C. Randolph, village Attorney. • 1) Subject Matter of Meeting (ENCON Litigation) 2) Attorney-Client Session Attendees a) Alexander W. Cameron b) Joseph N. Capretta c) Carl C. Hansen d) Ron T. Mackail e) Elizabeth A. Schauer f) Thomas G. Bradford g) Scott G. Hawkins, Esq. h) John C. Randolph, Esq. i) Jane Pastore, Ley & Marsaa Court Reporters Mayor Schauer made the above announcement. XI. ANY OTHER MATTERS Vice Mayor Hansen discussed Eastward Ho. The Vice Mayor explained he had attended a meeting regarding revitalizing southeast Florida's urban core. The eastern core area of South Florida was considered blighted from people moving west. This core area was described as the U.S. One area coming all • VILLAGE COUNCIL MEETING MINUTES FEBRUARY 12, 1998 PAGE 28 --------------- the way up from Miami. Vice Mayor Hansen reported this was the first meeting of this group, and that Tequesta had suffered a blighted area which was now being turned around. Tri-Rail expansion north had been discussed at the meeting. Revitalization of the eastern core was considered vital to the South Florida economy. Councilmember Mackail reported great success with revitalization in the downtown West Palm Beach and Delray areas, and that revitalization was in progress now in Riviera Beach with restoration of the old Spanish Courts apartments. Councilmember Cameron stated one of the fundamental problems was approximately 94,000 people living in unincorporated areas west of Boca Raton, and expressed support for the Eastward Ho concept. Vice Mayor Hansen expressed his opinion that the Village should support the Eastward Ho movement. • XII. ADJOURNMENT Councilmember Mackail moved that the meeting be adjourned. vice Mayor Hansen seconded the motion. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Alexander DP. Cameron - for Joseph N. Capretta - for Ron T. Mackail - for the motion was therefore passed and adopted and the meeting was adjourned at 10:00 P.M. Respectfully submitted, (-~~~--~ _ \ Betty Laur • Recording Secretary VILLAGE COUNCIL FETING MINUTES FEBRUARY 12, 1998 PAGE 29 ATTEST: Joann Manganiel Village Clerk DATE APPROVED: l~J