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HomeMy WebLinkAboutMinutes_Regular_12/11/1997C~ F Tf ~ ~ ~ Gf s~ ,~ ''\ ' m 0 A~ 4v Qq c0 Sy VILLAGE OF TEQUESTA Post Office 13os 3273 3>? Teque.5ta llri~~e Tequesta, Florida 33~C9-0273 (~61) 57j-62C~ VILLAGE OF TEQUESTA VILLAGE COUNCIL MEETING MINUTES DECEMBER 11, 1997 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, December 11, 1997. The meeting was called to order at 7:01 P.M. by Mayor Elizabeth A. Schauer. A roll call was taken by Betty Laur, Recording Secretary. Councilmembers present were: Mayor Elizabeth A. Schauer, Alexander W. Cameron, Councilmember 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. Vice Mayor Carl C. Hansen was absent from the meeting. II. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Ron T. Mackail gave the Invocation and led those in attendance in the Pledge of Allegiance to the American Flag. III. APPROVAL OF AGENDA Mayor Schauer requested addition under ANY OTHER MATTERS of discussion of the School Board meeting the previous night and • discussion regarding the Town of Jupiter's offer to purchase the Tequesta Water System. village Manager Bradford requested Kec ~°ded Pupcr • village Council Meeting Minutes December 11, 1997 Page 2 --------------- discussion under ANY OTHER MATTERS of a letter received from Gary Van Brock. Councilmember Cameron made a motion to apgrove the Agenda as amended. Councilmember Mackail seconded the motion. The vote on the motion was: Elizabeth A. Schauer - for Alexander N. Cameron - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted and the Agenda was approved as amended. i IV. COD~i[TNICATIONS FROM CITIZENS (NON-AGENDA ITSMS) Tom Little, 486 Dover Road, commented regarding a recent article in the Palm Beach Post regarding possible sale of the Tequesta Water System to Jupiter, and expressed his opinion that it would be a mistake to sell the water system to anyone because of the money it could generate for the village, and that judging from the litigation with Jupiter they could not be trusted. V. PRESENTATIONS AND PROCLAMATIONS A) Proclamation of Appreciation to the Goodner Family and Goodner~s variety Store Employees. Mr. and Mrs. Goodner and their son came to the podium and Mayor Schauer read aloud the proclamation expressing the appreciation of the village for the excellent service by Goodner~s Variety Store for over thirty years to the village residents. The Goodner family expressed their thanks to the village. • village Council Meeting Minutes December 11, 1997 Page 3 --------------- 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 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; October 15, 1997 *B) Local Planning Agency; November 20, 1997 *C) Special Master Hearing; October 23, 1997 *D) Special Village Council Meeting; November 18, 1997 *E) Village Council Meeting; November 13, 1997 *F) Village Manager's Report - November 10, 1997 - December 5, 199 7 X. NEW BUSINESS *B) Recommendation to Purchase Anhydrous Ammonia from the Co-op Supplier Tanner Industries of Philadelphia, PA in the Amount of $1,380.00 for 7, 500 Ibs. ~ $0. 184/Zb. Funding Provided by the Water Enterprise Fund, Pumping and Storage Division, Chemicals Account, Having an FY 98 Fund Balance of $33,075. (Staff Recommends Approval) At the request of Director of Community Development Scott D. Ladd, item X (A) was removed from the Consent Agenda. • Motion was made by Councilmember Cameron to approve the Coaseat Agenda as amended. The motion was seconded by Councilmember Mackail. The vote on the motion was: • village Council Meeting Minutes December 11, 1997 Page 4 --------------- Elizabeth A. Schauer - for Alexander W. Cameron - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted and the Consent Agenda was approved as amended. XIII. COMMITTEE REPORTS A) Finance and Administration Coamnittee; November 5, 1997 Village Manager Bradford reported that at this meeting the Committee had considered establishment . of the Finance and Administration Committee as the Village of Tequesta Audit Committee, pursuant to the rules of the Auditor General, Chapter 10.550; and to consider the proposal of Nowlen, Holt & Miner for auditing services. Finance Director Kascavelis had explained that Florida law now required the establishment of an Audit Committee. Staff recommended to the Committee that the Finance and Administration Committee become Tequesta's Audit Committee. Also considered was a 5-year proposal from Nowlen, Holt & Miner to provide auditing services at a fixed fee of $35,000, which was $5,000 less than had been paid in the past, until year three when the fee would rise to $36, 100; the fee for year four would be $37, 200; and the fee for year five would be $38,300. The Committee's decision was to recommend to the village Council that the Finance and Administration Committee become Tequesta's Audit Committee and to recommend approval of the proposal for auditing services from Nowlen, Holt & Miner. There was discussion relative to establishment of an interim services fee; however, the matter was tabled • village Council Meeting Minutes December 11, 1997 Page 5 --------------- because of Palm Beach County's decision not to establish such a fee at this time. The Committee reviewed the video relative to proper septic tank system use and maintenance from the Florida Department of Health and Rehabilitative Services, which showed a number of the problems and ways and means of properly installing and maintaining septic tank systems, and gave the Committeemembers ideas relative to the proposed septic tank maintenance inspection program. It was concluded that the maintenance program was unnecessary at the present time. Motion was made by Councilmember Cameron to approve the report of the Finance and Administration Committee meeting of November 5, 199?. The motion was seconded by Councilmember Mackail. The vote on the motion was: Elizabeth A. Schauer - for Alexander N. Cameron - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted. B) Redevelopment Committee; November 19, 1997 Village Manager Bradford reported that the purpose of this meeting had been to provide direction to the Gee & Jenson architects working on plans for the new Public Safety Facilities in regard to the degree of hurricane hardening desired by the village. A review of Tequesta's status pertaining to storm surge, policies and procedures for hurricane evacuation, and the internal process by departments for hurricane preparation was held. • After discussion, the Committee recommended that the western wing of the present Village Hall which • Village Council Meeting Minutes December 11, 1997 Page 6 --------------- would become the Police Department would be hardened to a category 3 hurricane level. The new western wing of the Fire Rescue facility, including the proposed emergency operations center, was also to be hardened to a category 3 hurricane level. The committee determined that the anticipated cost of $170,000 would be worth spending in order to have buildings still standing after most hurricanes so that Village personnel could serve the public. Councilmember Cameron questioned the cost of hardening to a category 4 or 5, to which Village Clerk Manganiello responded that the architects had advised that the present Village Hall could not be hardened above a category three, therefore further costs had not been estimated. village Manager • Bradford explained that Tequesta residents would be asked to evacuate under any category hurricane. Motion was made by Councilmember Cameron to approve the report of the Redevelopment Comu~ittee meeting of November 19, 1997. The motion was secoaded by Councilmember Mackail. The vote oa the motion was: Elizabeth A. Schauer - for Alexander w. Cameron - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted. IX . DEVELOPbIIsNT MATTERS A) Modified Site Plan Review for First United Bank, 250 Tequesta Drive, to Erect a 8' x 10' free-standing siga. Electromedia, Inc., Applicant. • Director of Community Development Scott D. Ladd reported • village Council Meeting Minutes December 11, 1997 Page 7 --------------- that the applicant was not present. Mr. Ladd explained that this request was for a sign to replace one which had burned. Mayor Schauer inquired why the clock had been eliminated, to which Mr. Ladd responded that the bank just did not want the clock, but might consider it in the future, and that the cost would be more with the clock. Councilmember Cameron recommended that any approval of this application carry with it a strong recommendation that the time and temperature feature be replaced. Village Manager Bradford inquired about the possibility of the new sign shorting out during flooding of the intersection, which happened frequently. Mr. Ladd explained that new electrical safeguards required the junction box to be raised to a higher level when the new sign was erected. • Motion was made by Councilmember Mackail to approve the Modified Site Plan for First United Bank, 250 Tequesta Drive, to erect a 8' x 10' free-staadiag sign, with the strong recommendation that the time and temperature feature be added. Councilmember Cameron seconded the motion. The vote on the motion was: Elizabeth A. Schauer - for Alexander W. Cameron - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed aad adopted. X. NEW BUSINESS A) Consideration of 14 Impact Fee Refuad Requests, per village of Tequesta Resolution No. 3-95/96. (Staff Recommends Approval) • 1) SunCo Building Corporation • village Council Meeting Minutes December 11, 1997 Page 8 --------------- Lots 49 & 50, Tequesta Oaks Subdivision Lots 99 - 102, Tequesta Oaks Subdivision Lots 113 - 120, Tequesta Oaks Subdivision $425.32 per Lot x 14 = $5,954.48 Director of Community Development Scott D. Ladd requested that the Village Council consider holding the check for this refund until the project was totally finalized as a safeguard. Motion was made by Councilmember Mackail to approve the Impact Fee Refund requests with conditions stated by Mr. Ladd. The motion was seconded by Couacilmember Cameron. The vote on the motion was: Elizabeth A. Schauer - for • Alexander iq. Cameron - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted. C) Selection of Nater Revenue Bonds Underwriter. Bill Kascavelis, Director of Finance. Mayor Schauer pointed out that the bid information contained an error and that the fixed fee from Sun Trust should be listed as $1.49 instead of $.49. Finance Director Kascavelis explained that the process of selecting an underwriter from the bids submitted had been to eliminate the two highest bidders and to compare the remaining three. Councilmember Cameron questioned whether a local firm was desired in order to give Tequesta residents first chance to purchase the bonds. Mr. xascavelis explained that the recommendation was for Raymond James & Associates because of their local presence in the community, and their fixed fee had also • included the cost of a Bond Counsel, which would be an advantage to the Village. In response to Councilmember village Council Meeting Minutes December 11, 1997 Page 9 --------------- Cameron's question of how long these bids would be good, Mr. Kascavelis explained that date would be March, 1998. Discussion ensued regarding why a local firm was desirable. Mr. Kascavelis explained that the village did not deposit funds outside the Village, and other Councilmembers expressed their opinion that it would be good to have a local firm. Motion was made by Councilmember Mackail to approve appointment of Raymond James & Associates as Bond iBiderwriter for the Village of Tequesta. The motion was seconded by Councilmember Capretta. The vote on the motion was: Elizabeth A. Schauer - for Alexander W. Cameron - for Joseph N. Capretta - for Roa T. Mackail - for The motion was therefore passed and adopted. XII. ANY OTHER MATTERS Mayor Schauer reported that at the School Board meeting the previous night that the decision had been made not to change boundaries for Dwyer High School and Jupiter High School. The Mayor thanked all those who had supported this action. Mayor Schauer reported that on November 18, 1997 she had received a letter from Mayor Golonka of Jupiter which contained a proposal that Jupiter purchase Tequesta's entire water system for $8 million, and pointed out that the letter given to Councilmember Mackail in June 1997 had been approved by their Counsel. At Mayor Schauer's request, Village Manager Bradford had responded on December 4, 1997 with a letter thanking Mayor Golonka for the offer; asking for minutes of a . public meeting in which the Town Council had approved the June 5, 1997 proposal given to Councilmember Mackail; asking village Council Meeting Minutes December 11, 1997 Page 10 --------------- whether the proposal to purchase continued to be related to the ongoing litigation of the water rate dispute, and if so, whether the Town of Jupiter would drop this and all other litigation upon successful conclusion of the sale; asking whether the $8 million figure was firm and not subject to downward adjustment, although that figure did not appear to be adequate; requesting that if Tequesta decided to move forward with possible purchase that the Town of Jupiter Engineers evaluate Tequesta's water system before final negotiation; and asking how an irrevocable guarantee could be given that current Tequesta residents would never be subject to higher water rates than Jupiter residents. Mayor Schauer explained that the letter also discussed the RO plant and other items. Mayor Schauer reported that on December 3, 1997 she had • received a letter from Mr. Mienken addressed to both her and Mayor Golonka which responded to the November 26 article in the Jupiter Courier. During a subsequent conversation between Mayor Schauer and Mr. Mienken, he had expressed his opinion that Jupiter and Tequesta should form a joint utility company. Mayor Schauer reported that on December 10, 1997, Village Manager Bradford had received a letter from Mayor Golonka stating that the offer was a good offer, that while the Town Council's offer to purchase was not directly related to pending litigation that should a sale be consummated before the Town's appeal was decided then the appeals would become moot and could be dismissed. The offer amount would need to be redefined upon advice from the Tequesta Village Council that they were serious about a sale. Mayor Schauer stated that Mayor Golonka did not answer the question regarding the June 1997 letter. Councilmember Cameron expressed his opinion that the offer of $8 million less any needed repairs was just a public relations • ploy and a stall, and that he believed Jupiter had asked their engineers to evaluate the physical part of Tequesta's system village Council • Meeting Minutes December 11, 1997 Page 11 --------------- they could use because they obviously would not need it all, and that part of the system was probably worth approximately the amount of their offer. Councilmember Cameron stated two serious problems for Jupiter that they could not solve without purchasing the Tequesta water system: (1) All the Jupiter residents on the north side of the river pay more for water now than the Jupiter residents, which Councilmember Cameron understood was contrary to Jupiter's Town Charter, and Jupiter residents had threatened to file a class action suit. If Jupiter acquired the Tequesta water system, that problem would go away. (2} A more serious problem was that Jupiter has a vastly unused capacity, pumping the maximum amount from their underground wells, and operating their RO plant at only • 20g capacity--which was not an efficient operation rate. Jupiter's need to sell more water was blocked to the south by Seacoast Utility, to the west there was no one to sell to, and to the north by Tequesta, since they could not sell to Martin County without purchasing Tequesta's system. Councilmember Capretta stated that under those conditions Tequesta's system was worth a lot more than offered and he would not consider anything less than $11 or $12 million or more, and explained that Tequesta did not need to sell to Jupiter since Tequesta was in a perfect position to be independent and sell water to northern municipalities themselves. Councilmember Cameron stated that considering Jupiter's disregard of contractual obligations, he would not vote for any contract with Jupiter that did not contain a $2 or $3 million performance bond to guarantee they would meet their obligations; and that Jupiter should stop making misleading public statements about their high- efficiency RO plant which was not operating efficiently, as well as their misquotes about the Tequesta water rates. Councilmember Cameron commented that if Jupiter • was serious that they must drop the water rate lawsuit as village Council • Meeting Minutes December 11, 1997 Page 12 --------------- an example of their good faith. Councilmember Cameron urged that the Village Council reject the offer. Councilmember Capretta commented that Tequesta's basic political concept was home rule, and that the step rate system, which was instituted for conservation purposes and required people who used more water than necessary to pay higher rates, had been effective in reducing water consumption which was desired by the State of Florida. In considering what should be done, Councilmember Capretta expressed his opinion that what was best for the residents and best for the Village should be considered, and indicated that the residents wanted a dependable supply of pure water at the lowest possible cost. Councilmember Capretta offered the following options for the Village's water system: • (1) Leave the system as is. {2) Expand the system by serving communities to the north. (3) Sell to either Jupiter, ENCON, or Seacoast and use proceeds to purchase Treasury bonds to provide income for Village operations, which could keep taxes low. {4) Create a regional water system. Councilmember Capretta commented that during a joint meeting with Jupiter's Town Council, he had questioned their strategy and they had declared they had no strategy; however, their actions since then had indicated differently. Councilmember Mackail expressed his opinion that the offer given to him had been a ploy for litigation negotiations and he would not like to do business with Jupiter. Councilmember Mackail commented that the water system was Tequesta's number one asset. • Motion was made by Councilmember Mackail to completely Village Council • Meeting Minutes December 11, 1997 Page 13 --------------- reject the Jupiter offer to purchase the Tequesta Water System for $8 million. During discussion of the motioa, Mayor Schauer commented that she had received several calls from residents who believed Tequesta should not sell; and Couacilmember Mackail expressed his opinion that Tequesta should expand their water system to produce income for the Village, and clarified that the motioa was to completely reject the offer, that the $8 million was considered inadequate, and that the Village Manager should inform Jupiter of this decision. The motion was seconded by Councilmember Cameros. The vote on the motion was: Elizabeth A. Schauer - for Alexander W. Cameron - for Joseph N. Capretta - for • Ron T. Mackail - for Couacilmember Capretta clarified that his vote for the motion was on the basis that this did not close the door to a possible sale but did reject the $8 million offer. The motion was therefore passed sad adopted. Councilmember Cameron suggested to the representative from the local press that Mr. Buckwalter as a neutral party to convene a forum on neutral ground and invite interested parties to discuss the possibility for a regional water system. Councilmember Cameron expressed his opinion that a regional system would not be feasible, but felt that it should be discussed to determine that position. Tom Little, 486 Dover Road, expressed his support of the decision made by the Village Council not to sell the water system, and described the system as a gold-plated cash register which could pro duce funds for the Village by expansion that could make the Village financially independent. Mr. Little recommended expanding service to • Jupiter Island and other communities to the north and village Council • Meeting Minutes December 11, 1997 Page 14 --------------- contacting Hydratech in Martin County who was having trouble with salt water intrusion. Mr. Little stated that he supported not selling to Jupiter. Councilmember Mackail responded that from a business perspective it would be hard at the present time for Hobe Sound or Jupiter Island to have a level of comfort with Tequesta because of all the rumors, but that he supported Mr. Little's concept. Mr. Little recommended that the Village Council go on record that they want to deal fair and equitably with anyone. Village Manager Bradford explained that a letter had been received from Gary Van Brock requesting relief from paying recreation, police, and fire rescue impact fees on his proposed 250 apartment units to be built at the southeast corner of village Boulevard and Old Dixie • Highway. Dayco from Venezuela, a major construction company, was to be the construction manager for this project, and had met during the past week with Mr. Van Brock and with Director of Community Development Scott D. Ladd. Village Manager Bradford explained that a two-year moratorium had just ended October 14 and that a decision was needed regarding a response to Mr. Van Brock's request. Staff believed that in would not be in the best interests of the Village to grant the waiver request. Councilmember Cameron inquired whether Mr. Van Brock had been aware of the two-year moratorium, to which Mr. Ladd responded he had been aware. Councilmember Capretta commented that a decision needed to be made regarding what to do about impact fees in the future, and that although some fees might be waived to encourage new development, the Village needed the money from impact fees for various items including traffic calming. Director of Community Development Scott D. Ladd reported that income lost through impact fee refunds had been approximately $37,000 - $50,000. This project was estimated to bring in $77,000 in impact fees, which was • really a small amount compared to County and other impact village Council Meeting Minutes December 11, 1997 Page 15 --------------- fees that the project was prepared to pay. Mr. Ladd reported that this project was valued at $19 million. Mr. Ladd stressed that the Village impact fees were important to the Village. Councilmember Capretta suggested that the village return to full impact fees with no exceptions, with which Councilmember Mackail expressed his agreement, and commented that Mr. Van Brock could have acted sooner before the expiration of the two- year moratorium. Councilmember Capretta inquired whether any other projects were coming up, to which Mr. Ladd responded that there was some interest in various things. Tequesta Plaza was discussed briefly. Mr. Ladd explained that there was now a contract and a serious purchaser who was known for refurbishing older shopping centers. Village Attorney Randolph advised that no motion was needed regarding impact fees unless the Village desired to change the impact fee status. Village Manager Bradford stated that he would write a letter to Mr. Van Brock advising him that the status quo stands. Mr. Capretta inquired what work remained to be done on Tequesta Oaks and when the driveway work would be done by Mr. van Brock. Mr. Ladd responded that Tequesta Oaks was almost finished and that Mr. Van Brock had already pulled the irrigation permits and DOT permits for curbing. Councilmember Capretta inquired regarding traffic in connection with the school children in Tequesta Oaks. Mr. Ladd explained that he had observed the school bus going into the development and dropping the children off at their homes. Mayor Schauer read aloud a card received along with a poinsettia and thanked those responsible. The Mayor wished everyone a happy holiday and healthy new year. II. ADJOIIRNb~iT Councilmember Cameron moved that the meeting be ad~ouraed. . Councilmember Mackail seconded the motion. The vote oa the Village Council Meeting Minutes December 11, 1997 Page 16 --------------- motion was: glizabeth A. Schauer Alexander W. Cameron Joseph N. Capretta Ron T. Mackail - for - for - for - for the motioa was therefore passed and adopted and the meeting was adjourned at 8:26 P.M. Respectfully submitted, • ~J~' if ~ ~~ Betty Laur Recording Secretary ATTEST: Joann Manganie o Village Clerk DATE APPROVED: ~ 9 f