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HomeMy WebLinkAboutMinutes_Regular_11/13/1997 ~ Tf v P r'~ Gf ~A 9 '~ t ~ o 'j o~ A 4v ~4pN c ty VILLAGE OF TEQUESTA Pos[ Office I3ox 32?3 3,? Tequesta l~ricc TeyuesGi, Plo~icLi 33 69-033 (~Eil) > ~~-<?(X) Fax (~C1) >?~-0203 VILLAGE OF TEQUESTA VILLAGE COUNCIL MEETING MINUTES NOVEMBER 13, 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, November 13, 1997. 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, 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. Councilmember Joseph N. Capretta was absent due to illness. II. INVOCATION AND PLEDGE OF ALLEGIANCE Vice Mayor Hansen gave the Invocation and led those in attendance in the Pledge of Allegiance to the American Flag. U III. APPROVAL OF AGENDA Vice Mayor Hansen requested removal of item 10(G) from the Consent Agenda. Councilmember Cameron requested removal of items 10(B) and 10(D)from the Consent Agenda. Mayor Schauer requested addition under ANY OTHER MATTERS of the band contract for the Charlie Martyn Gala and the Friends of the Loxahatchee Canoe Race. Village Manager Bradford requested addition under ANY OTHER MATTERS of the Christmas and New Year KecPClcd Pnpcr • Village council Meeting Minutes November 13, 1997 Page 2 holiday dates. vice Mayor Hansen made a motion to approve the Agenda as submitted. Couacilmember Cameron seconded the motion. The vote on the motion was: Elizabeth A. Schauer - for Carl T. Hansen - for Alexander W. Cameron - for Ron T. Mackail - for The motion was therefore passed and adopted and the Agenda was approved as amended. • IV. COM~LTNICATIONS FROM CITIZENS (NON-AGENDA ITEMS) Jim Humpage, 426 Cypress Drive, explained that the tickets to the Charlie Martyn Gala were $125 per person, and requested consideration by the Village Council for the Village to bear the cost of six tickets, which would be for Mr. and Mrs. Joe Namath (Chair of the event), Fire Chief Weinand and his wife, and Police Chief Allison and his wife. Councilmember Cameros made a motion to make the six requested tickets complimentary. Councilmember Mackail seconded the motion. The vote on the motioa was: Elizabeth A. Schauer - for Carl T. Hansen - for Alexander N. Cameros - for Ron T. Mackail - for The motion was therefore passed sad adopted. Phillip Cipolla, 1420 Berkshire, Jupiter, a user of Tequesta water, questioned newspaper accounts that indicated the • Village planned to use the $7 monthly water charge being held in escrow to pay legal fees. Mayor Schauer responded that the • village Council Meetiag Minutes November 13, 1997 Page 3 --------------- • V. money was being held in an account and where it would remain until after the appeal process, then the funds would be disbursed accordingly. Village Manager Bradford explained that if the Village Council adopted the Ordinance on second reading on tonight's agenda, that the Village would have the right to use fees collected from this date forward for legal expenses. Mr. Cipolla commented that he believed the general public was unaware that the Village was amending Ordinance 509. Peggy Verhoeven, Point Drive, questioned whether everything possible had been done to keep the business in Tequesta that had tried to purchase the Alex Webster building. Mayor Schauer indicated that Mr. Ladd would call her the next day to explain that situation. PRESENTATIONS AND PROCLAMATIONS A) Proclamation Declariag November 15, 1997 as America Recycles Day (ARD) in the Village of Tequesta. Councilmember Mackail made a motioa to approve the Proclamation. Vice Mayor Hansen seconded the motion. The vote oa the motion was: Elizabeth A. Schauer - for Carl T. Hansen - for Alexander qP. Cameron - for Ron T. Mackail - for The motion was therefore passed and adopted. 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 • village Council Meeting Minutes November 13, 1997 Page 4 --------------- 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; September 1 7, 199 7 *B) Community Appearance Board; October 1, 199 7 *C) Employees' Pension Trust Fund; May 19, 1997 *D) Village Council Meeting; October 9, 1997 *E) Special Village Council Meeting; October 23, 1997 *F) Local Planning Agency Workshop; October 23, 1997 • *G) Village Manager's Report - October 6, 1997 - November 7, 199 7 VIII. APPOINTMENTS *A) Consideration of Reappointment of Betty Coyle as a Regular Member to the Board of Adjustment for Three -Year Term, with Said Term Expiring on 12/31/00. *B) Consideration of Reappointment of Alternate Board of Adjustment member John R. Taylor as a Regular Member to the Board of Adjustment, with Said Three- Year Term Expiring on November 14, 2000. X. NEW BUSINESS *A) Consideration of 42 Impact Fee Refund Requests, per Village of Tequesta Resolution No. 3-95/96, (Staff Recommends Approval) • 1) SunCo Building Corporation Lots 67 - 98, Tequesta Oaks Subdivision • Village council Meeting Minutes November 13, 1997 Page 5 --------------- Lots 103 - 112, Tequesta Oaks Subdivision $425.32 per Lot x 42 = $17, 863.44 2) Dombrowski Builders, Inc. Lot 15, Key west Village Subdivision 15& Intracoastal Circle $149.72 *C) Consideration of Approval of Purchase of Two (2) Ford Crown Victoria Patrol Cars from Duval Ford of Jacksonville, Florida, Piggybacking the Florida Sheriff's Association Bid Award in the Amount of $19, 694 Each, Having an FY 1998 General Fund Police Department Budget Allocation of $20,500 Per Vehicle. (Staff Recommends Approval) • *I) Consideration of Ratification of Addendum to Arti c1 e 9 (Wages) . Arti c1 e 18 (Drug Testing) , and Article 27 (Duration, Modification, and Termination) of the Collective Bargaining Agreement Between the Village of Tequesta and the Communications Workers of America Effective October 1, 1997 - September 30, 2000. (Staff Recommends Approval) Motion was made by vice Mayor Hansen to approve the Consent Agenda as ameaded. The motion was seconded by Councilmember Mackail. The vote on the motion was: Elizabeth A. Schauer - for Carl T. Hansen - for Alexaader N. Cameron - for Ron T. Mackail - for The motion was therefore passed and adopted and the Consent Agenda was approved as ameaded. • IX . DEVELO#~MENT MATTERS • village Council Meeting Minutes November 13, 1997 Page 6 --------------- A) variance Request by R-Mart Corporation, 500 II.S. Highway One North, for the Installation of a 132 Square Foot Nall Sign, fa Lieu of a Maximum of 60 Square Feet as Allowed by village Code. Signcraft, as Agent. (A Quasi-Judicial Hearing) 1) Swearing-Ia of Nitnesses, if Required. village Clerk Joann Manganiello conducted the swearing in of Rick Alvez, representative for the Applicant, and Scott D. Ladd, Director of Community Development, Village of Tequesta. 2) Disclosure of Ex-Parte Commuaications. • A poll of the Councilmembers indicated none had had ex-parte communications. 3) Testimony of Nitnesses and Cross Examination, If Any. Scott D. Ladd explained that this request for variance was to accommodate the new name and logo for K-Mart in a larger space than allowed by the village's 60-square foot requirement, so that it would be readable from U.S. One. Mr. Ladd indicated that staff supported approval of this variance, and that he would make a recommendation at a future date to change the formula for signage to be based on lineal footage because the present requirement was a hindrance to larger stores. Councilmember Mackail questioned what the impact would be, to which Mr. Ladd responded that all of the large stores had very big setbacks, and that the change could reduce the size of signage on smaller stores. Vice Mayor Hansen commented that • K-Mart was in tough competition with the Jupiter wal-Mart, and expressed his opinion that the • village Council Meeting Minutes November 13, 1997 Page 7 --------------- Village should do everything possible to keep K- Mart in Tequesta. Village Attorney Randolph cautioned the Village Council to remember that this was a variance request and they must find hardship in order to grant a variance. Mayor Schauer inquired whether the Village had a right to deny a business to use their logo, to which the Village Attorney responded that anyone in the Village must comply with the sign size requirements. Councilmember Mackail expressed concern regarding establishing a precedent, and expressed his desire to consider a constructive application for all signs. • Village Manager Bradford questioned what the hardship was in this case, since he saw none and felt this request more appropriate as a zoning text amendment. The applicant responded that K-Mart had a hardship because their setback was 550 from U.S. One and that because of the large setback and the existing landscaping, their sign would be unreadable at the presently required size. Councilmember Cameron made a motioa to approve the Variance Request by R-Mart Corporation, 500 II.S. Highway One North, for the Installation of a 132-Square Foot Wall Sign, in Lieu of a Maximum of 60 Square Feet as Allowed by Village Code based on hardship as stated by the applicant. Couacilmember Mackail seconded the motion. The vote on the motion was: Elizabeth A. Schauer - for Carl T. Hansen - for Alexander W. Cameron - for Roa T. Mackail - for • The motioa was therefore passed and adopted. village Council Meeting minutes November 13, 1997 Page 8 --------------- Mayor Schauer requested that Mr. Ladd check the Ordinance regarding signage to consider a change in the present formula for signage. B) Site Plan Review for The First Baptist Church of Tequesta, 411 Tequesta Drive, for a 7~ x 8~ Free-Standing Sign (with 28 Square Feet of Sign Face). The Baron Sign Company, as Agent. Baron Sign Company representative John Bogeajis was present as Agent for the Applicant. Scott D. Ladd, Director of Community Development, explained that the applicant wished to remove their sign and have a new sign installed by the sign company, with modifications of extra poles and roping added to the new sign by the church. Councilmember Mackail made a motion to approve the Site Plan for The First Baptist Church of Tequesta, 411 Tequesta Drive, for a 7~ x 8~ Free-Standiag Sign (with 28 Square Feet of Sign Face). vice Mayor Hansen seconded the motion. The vote on the motion was: Elizabeth A. Schauer - for Carl T. Hansen - for Alexander w. Cameron - for Ron T. Mackail - for The motion was therefore passed and adopted. C) Special Exception Use Public Searing, Site Plaa Review, and Landscape Waiver Request for Sterling House II, 211 village Boulevard, for the Construction of an Additional 42-Unit Extended Care Facility. Joseph W. Capra, P.B., Agent for Sterling House. (A Quasi-Judicial Hearing) 1) Sweariag-In of Witnesses, if Required. • village Clerk Joann Manganiello conducted the • village Council Meeting Minutes November 13, 1997 Page 9 --------------- swearing in of Joseph W. Capra, P.E., of Port St. Lucie, and Scott D. Ladd, Director of Community Development, Village of Tequesta. 2) Disclosure of Ex-Parte Communications. A poll of the Councilmembers indicated none had had ex-parte communications. 3) Testimony of witnesses and Cross Examination, 2f Any. Scott D. Ladd explained that this item was a result of previous Village Council action to waive zoning in progress for Sterling House, who wished to add a building identical to their present building, which • would give them a total of 84 extended care facility rental units and which would be covered by unity of title so that one building could not be sold without the other. Mr. Ladd commented that a marketing study done before construction of Sterling House I had indicated that the Village of Tequesta could support 100 units of this type. Mr. Ladd explained that the landlocked position of the parcel located behind the K-Mart loading docks made it unsuitable for most uses, and this was probably the best use for the land. Mr. Ladd stated that staff supported this request. In response to questions from Vice Mayor Hansen, Mr. Capra verified that Phase II would be identical to Phase I in size, plan, construction materials, and appearance, and that the memorial to Christina Holt located on the property would have to be moved. Mr. Capra pointed out on a drawing where the retention areas would be located and the traffic circulation pattern. Fire Chief Weinand • verified that he was satisfied with the access for emergency vehicles. Mayor Schauer requested that • village Council Meeting Minutes November 13, 1997 Page 10 --------------- the walk through area in the middle of the Sterling House II building be furnished with benches so that residents could sit outdoors. Village Manager Bradford questioned whether all of the DRC comments as listed in the staff report had been resolved, to which Mr. Ladd responded that all had been resolved except the situation with the Water Department, which was in the process of being resolved. Mr. Ladd recommended that a motion for approval be subject to the addition of the benches requested by Mayor Schauer and subject to the continued resolution of the Water Department issues, which had to do with Sterling House I. Village Attorney Randolph commented that the Sterling House I problems had been resolved however the motion should incorporate all of the conditions • recommended by staff whether or not they had been completed. Attorney Randolph commented that the two parcels were not owned by the same owner, therefore, a formal unity of title could not be used, but a similar document would be drawn up to fit this situation. Attorney Randolph verified with Mr. Ladd that a Developer's Agreement would also be required, which should be included in any motion to approve. Mr. Capra explained that the same company would own both by the time the CO was issued. Councilmember Mackail made a motion to approve the Special $xception Use, Site Plan Review, and Landscape Waiver Request for Sterling House II, 211 Village Boulevard, for the Construction of an Additional 42-Unit 8xteaded Care Facility, with the condition that all conditions recommended by staff be adhered to. Vice Mayor Hansen seconded the motion. John Giba was sworn in by the Village Clerk and • questioned whether the buildings would be stand- alone operations. Mr. Capra responded that so far • village Council Meeting Minutes November 13, 1997 Page it --------------- as he knew they would operate independently, however, he believed there might be some cross-use of personnel. Mr. Giba stated there were now two nurses at Sterling House I, so that a nurse was on call 24 hours per day, and expressed concern if those nurses might have to cover 84 units instead of 42. Councilmember Cameron questioned Mr. Capra whether the standard of care was intended to be the same for Sterling House II as that of Sterling House I, to which Mr. Capra responded that it was. Mr. Ladd requested that the motion be re-stated. Couacilmember Mackail re-stated the a motion to approve the Special Exception Use, Site Plan Review, and Landscape Waiver Request for Sterling House II, 211 • Village Boulevard, for the Construction of as Additional 42-Unit Extended Care Facility, subject to the following conditions: 1. Beaches for seating shall be added in the outdoor courtyard; 2. Approval shall be subject to DRC comments contained in staff report dated September 17, 1997; 3. Approval shall be subject to finalization of the Unity of Title Agreement; 4. Approval shall be subject to resolution of Water Department issues; 5. Approval shall be subject to all items set forth above put into the form of a Developer's Agreement. Vice Mayor Hansen seconded the motion. The vote oa the motion was: Elizabeth A. Schauer - for Carl T. Hansen - for Alexander W. Cameron - for • Roa T. Mackail - for village Council Meeting Minutes November 13, 1997 Page 12 --------------- The motioa was therefore passed and adopted. D. Landscape Ordinance No. 377 Plan Review; Landscape Plan Submittal; Plaza 222 Building, 222 II.S. Highway One South. Robert J. Shaw, Applicant & Owner. Owner Robert J. Shaw was present at the meeting. Vice Mayor Hansen discussed the tight parking situation, and reported he had counted approximately 70 cars parked there that day and there had been only four parking spaces open at that time. Councilmember Cameron commented he had had an office for awhile in the Plaza 222 Building, and that the parking had always been tight there. Mr. Shaw verified that the comments made by the Community Appearance Board had all been accomplished, as well as additional landscaping. Councilmember Mackail made a motion to approve the Landscape Plan Submittal for Plaza 222 Building, 222 U.S. Highway One South. Councilmember Cameron seconded the motion. The vote on the motioa was: Elizabeth A. Schauer - for Carl T. Hansen - for Alexander aP. Cameron - for Ron T. Mackail - for The motion was therefore passed and adopted. X. NEDQ BIISINESS B) Consideration of Bid Award to Rood Landscaping of Tequesta, Florida, is the Amount of $14,970 for Annual Landscaping Maintenance of water Department Properties Having an FY 1998 water Enterprise Fuad Budget Allocation of $25,500. (Staff Recommends Approval) • Village Council Meeting Minutes November 13, 1997 Page 13 --------------- Councilmember Cameron explained that he had requested this item be pulled from the Consent Agenda in order to inform the public that four bids had been considered and that this was the low bid. Couacilmember Mackail made a motion to approve the Bid Award to Rood Landscaping of Tequesta, Florida, is the Amount of $14,970 for Annual Landscaping Maintenance of Hater Department Properties Having as FY 1998 Hater Enterprise Fund Budget Allocation of $25,500. Vice Mayor Haasea seconded the motion. The vote oa the motion was: Elizabeth A. Schauer - for Carl T. Hansen - for Alexander N. Cameron - for Ron T. Mackail - for • The motion was therefore passed and adopted. D) Consideration of Bid Award to East Coast Landscaping of Nest Palm Beach, Florida, in the Amount of $19,948 for Landscaping of Seabrook Road North, Having an FY 1998 Capital Improvement Fund Budget Allocation of $30,000. (Staff Recommends Approval. Councilmember Cameron explained that he had requested this item be pulled from the Consent Agenda in order to inform the public that four bids had been considered and that this was the low bid. Councilmember Mackail made a motion to approve the Bid Award to East Coast Landscaping of Nest Palm Beach, Florida, in the Amount of $19,948 for Landscaping of Seabrook Road North, Having as FY 1998 Capital Improvement Fuad Budget Allocation of $30,000. vice Mayor Hansen seconded the motion. The vote oa the motion was: • Elizabeth A. Schauer - for • village Council Meeting Minutes November 13, 1997 Page 14 --------------- Carl T. Hansen - for Alexander W. Cameron - for Ron T. Mackail - for The motion was therefore passed and adopted. E) Resolution No. 5-97/98 - Approving a Lease Installment Purchase Agreement with American Document Solutions, Inc., of Stuart, Florida, for One (1) Xerox 5322 Photostatic Copier far the Police Department in the Amount of $1,837.20 per year, Having an FY 1998 General Fund Budget Allocation of $9,925. (Staff Recommends Approval) Village Manager Bradford explained that this item was presented for consideration by the village Council • because the total contractual amount exceeded his purchase authority. village Attorney Randolph read Resolution 5-97/98 by title only. Councilmember Mackail made a motion to approve the Lease Installment Purchase Agreement with Americas Document Solutions, Inc., of Stuart, Florida, for One (1) Xerox 5322 Photostatic Copier far the Police Department in the Amount of $1,837.20 per year, Having an FY 1998 General Fund Budget Allocation of $9,925. vice Mayor Hansen seconded the motion. The vote on the motion was: Elizabeth A. Schauer - for Carl T. Hansen - for Alexander N. Cameron - for Ron T. Mackail - for The motion was therefore passed and adopted. • F) Resolution No. 6-97/98 - Approving as Agreement Between Palm Beach County and the Village of Tequesta for the • village Council Meeting Minutes November 13, 1997 Page 15 --------------- Execution aad 2mplementation of the Community Development Block Grant Program. Scott D. Ladd, Director of Community Development. (Staff Recommends Approval) Village Manager Bradford explained that Palm Beach County required subgrantees to sign this agreement in order to participate in the County's Community Development Block Grant Program, and the County had awarded $14,000+ to the Village of Tequesta, which the Village intended to apply to the Tequesta Drive Drainage Diversion Project scheduled to begin after January 1, 1998. Village Manager Bradford reported that this item had been reviewed by the Village Attorney for legal form and sufficiency and that Director of Community Development Ladd and his office had recommended that it be executed. • vice Mayor Hansen made a motion to approve Resolution No. 6-97/98 - Approving as Agreement Between Palm Beach County and the Village of Tequesta for the Execution and 2mplemeatation of the Community Development Block Grant Program. Couacilmember Cameron seconded the motion. village Attorney Randolph read Resolution 6-97/98 by title only. The vote oa the motion was: Elizabeth A. Schauer - for Carl T. Hansen - for Alexander N. Cameron - for Ron T. Mackail - for The motion was therefore passed and adapted. G) Consideration of Approval of Engineering Services Proposal from Reese, Macon & Associates of Lake North, Florida, in the Amount of $10,000 for Redesign of Architectural Changes (Roof Design) oa the RO Treatment Plant Building Pursuant to Community Appearance Board Recommendation aad Village Council Concurrence with • Funding Provided from the Nater Enterprise Fund Engineering Services Account, Having an FY 1998 Budget • village Council Meeting Minutes November 13, 1997 Page 16 --------------- Allocation of $27,000. (Staff Recommends Approval) vice Mayor Hansen expressed his opinion that $10,000 was a high engineering fee to be charged on a $30,000 construction project. Mr. William Reese of Reese Macon & Associates explained that the cost resulted from extensive engineering changes to the design drawings which had been required to make the change in the roof material from standing seam metal to tile, and that everything associated with the previous design had to be removed from the design drawings before the new design could be developed. Vice Mayor Hansen reported that Community Appearance Board members had told him that Reese Macon & Associates knew from the beginning that the Community Appearance Board would never approve a metal roof, and questioned why the roof had been designed • originally as metal. Mr. Reese responded that his company had been directed by staff to proceed with the metal roof, and explained that if the actual redesign cost was under $10,000 they would only bill the Village for the actual cost. Councilmember Cameron stated it was obvious that Reese Macon & Associates had been trying to save the Village money by designing the metal roof. Councilmember Mackail made a motion to approve the Engineering Services Proposal from Reese, Macon & Associates of Lake North, Florida, in the Amount of $10,000 for Redesign of Architectural Changes tRoof Design) on the RO Treatment Plant Building Pursuant to Community Appearance Board Recommendation and Village Council Concurrence with Funding Provided from the Nester Enterprise Fund Engineering Services Account, Saving an FY 1998 Budget Allocation of $27,000. vice Mayor Saasen seconded the motion. The vote on the motion was: Elizabeth A. Schauer - for Carl T. Sansen - for • Alexander N. Cameron = for Ron T. Mackail for Village Council Meeting Minutes November 13, 1997 Page 17 --------------- The motion was therefore passed and adopted. H) Consideration of village Council Priorities and village Manager Objectives for FY 1998. Village Manager Bradford explained that there were six priorities listed for the Village Manager because two had tied, and suggested that one of the items numbered 4 be omitted. vice Mayor Hansen suggested omitting the item to complete financing and initiate construction of RO treatment facility from the Village Manager's list of priorities. After discussion, it was the consensus of the Village Council to leave this item on the list since it was an on-going item and it would still be done whether it was on the list or not. This resulted in the Village Manager's list having six items. Mayor Schauer read aloud the priorities: The top five Village Council Priorities as established by the Village Council are as follows: 1. Work with DiVosta, Felhaber, and Lighthouse Gallery to develop a plan for a Village Center at the present Tequesta Plaza. 2. Communicate and win public support for capital expenditures of $3 million dollars for new Village facilities. 3. Work with ENCON to establish a more reasonable sewer program. 4. Formalize plans for long-range future of Tequesta Water Department. 5. work with Palm Beach County, Jupiter, and Martin • County to stem increased traffic through Tequesta. village Council Meeting Miautes November 13, 1997 Page 18 --------------- The top five Village Manager objectives as established by the Village Council are as follows: 1. Prepare plan for future business plan for Water Department; A) Expansion or B) Sale. 2. Develop plans and proposals for a New T equest a Downtown; including Tequesta Plaza and Bridge Road. 3. Pursue annexation referendum during calendar year 1998 or sooner, if possible, within at least one annexation area. 4. Set up boundary conditions for acceptable resolution of the various Jupiter related problems. 5. Complete financing and initiate construction of RO Treatment Facility. 6. Develop a plan for interim Village Hall facilities between time of renovation to completion of new Village Hall facilities. Village Manager Bradford questioned whether the Village Council would be interested in dropping the last item on the Village Managers list, since the village actually already had interim facilities at First United Bank and the interim facilities for Police and Fire Rescue would be included in the contract for the construction of their new facilities. Mayor Schauer commented that she had thought this item was also to consider where the Village Council would meet while the present City Hall was being renovated. Vice Mayor Hansen commented that from visiting the Recreation Center facilities he certainly did not feel they were ideal for Village Council meetings, and that this priority item had been written with the intent of re-thinking where the Village Council could hold meetings other than at the Recreation Center. village Council Meeting Minutes November 13, 1997 Page 19 --------------- Councilmember Cameron agreed. Councilmember Mackail made a motion to approve the priorities for the village Council and for the village Manager as presented. vice Mayor Hansen seconded the motion. The vote on the motion was: Elizabeth A. Schauer - for Carl T. Hansen - for Alexander w. Cameron - for Ron T. Mackail - for The motion was therefore passed and adopted. J) 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 November 18, 1997, commencing at 4:30 P.M. in the village Hall Council Chambers, 357 Tequesta Drive, Teq'uesta, 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 2) Attorney-Client Sessioa 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) Jane Pastore, Ley & Marsaa Court Reporters Mayor Schauer read the above announcement aloud. XI. UNFINISHED BUSINESS A) Ordinance - Second Reading - Amending Chapter 18, water, village Council Meeting Minutes November 13, 1997 Page 20 --------------- so as to Increase the Schedule of Rates and Charges Enumerated is Section 18-3, Providing for a Capacity Reservation Fee, Providing for Automatic Annual Rate Adjustment, and Providing for Water Restriction Surcharge Adjustment; Amending section 18-7, to Increase the Charge to the Village for the Use of Fire Hydrants; Providing for Severability; Providing for Repeal of Ordinances in Conflict; Providing for Codification; Providing an 8ffective Date. (Staff Recommends Approval) village Manager Bradford explained that this was the second reading of an Ordinance passed at the October Village Council meeting and that the recommendations in the ordinance had been approved and recommended by the members of the Finance and Administration Committee. The • Village Manager explained that this proposal was needed in order to address revenue needs of the Tequesta Water Department, and that the last increase had been in 1992. village Manager Bradford explained that an increase in rates was needed because of debt service increases for the RO treatment facility in excess of over $200,000 annually above the previous debt service on the existing facilities; because of the cost of on-going litigation with Jupiter and others; and because of the lack of interest income due to the depletion of cash reserves. The village Manager reviewed the recommended rate increases: 1) Base rate increase of $1.00, making the base rate $9.80, equal to that charged by the Town of Jupiter; and base rate to $10.20 on 10/1/98, with base rates to exclude the temporary $7 charge due to the illegal Jupiter water rate increase; 2) Commodity rate increase of 8~, with automatic increases of 4$ on 10/1/98 and effective from that date forward automatic pass-throughs of Jupiter price increases, and allowance for indexing on 10/1/99 based upon changes to the consumer price village Council Meeting Minutes November 13, 1997 Page 21 --------------- index applied to operating expenses--all subject to final Village Council approvals. Village Manager Bradford explained that this Ordinance would allow the Village to recoup its cost in the rate dispute from escrow funds, prior to reimbursement of those proceeds to each customer on those proceeds collected from this date forward. All proceeds collected prior to this date would be refunded with interest to all of the Tequesta customers. Village Manager Bradford stated that the Village believed it would ultimately be successful against the Town of Jupiter and requested that everyone bear in mind that if it were not for the village's legal action to overturn Jupiter's effort there would be no rebate of any money whatsoever. The Village Manager explained that the Ordinance would also raise the • Fire Protection charge to the Village of Tequesta. A water restriction surcharge adjustment of 18~ was to be effective in the event that a regulatory authority should impose a 15~ reduction in water usage on the Village by virtue of drought or other circumstance. Mr. Bradford commented that although it had been some time since a water rate increase had been made, a current rate survey of other Florida communities, including the Town of Jupiter, indicated that absent the temporary $7 fee, Tequesta was in the ball park of average cost of water service in Florida and was very competitive with the Town of Jupiter's current rates. Tony Carpeatiere, 19805 Gardenia Drive, reviewed a survey which he had brought of water rates of counties and municipalities in the State of Florida, and explained that he had concluded that Tequesta's rate was high, and questioned the justification for Tequesta's rates. Village Manager Bradford explained that the Village needed the revenue based on the financial analysis of Tequesta's water system in order to maintain the financial integrity of the system, as well as to provide for the revenues necessary to issue the bonds in order to Village Council Meeting Minutes November 13, 1997 Page 22 --------------- expand the plant in order to meet the growing demand. Mr. Carpentiere inquired as to the total annual payback required to retire the bonds, to which the Village Manager's response was approximately $535,000 annually. Mr. Carpentiere questioned whether the Village would have to have permission from Jupiter to build the RO treatment facility, to which Mr. Bradford's response was no, since Tequesta won the lawsuit. In response to Mr. Carpentiere's claim that the Village had been offered $8 million for the water system, Village Councilmembers explained that had not been a formal offer, and that no formal offer had been made, and that many hours had been spent in discussions with Jupiter with nothing accomplished. John Chrney, 1748 Jupiter Cove Drive, expressed his • opinion that Tequesta's water rates were not comparable to Jupiter rates since his condominium paid three times the Jupiter rate. Mr. Chrney provided a chart depicting a comparison between the water rates of Tequesta and Jupiter. Mr. Chrney inquired why sale of the water department could not be discussed, to which Mayor Schauer explained that the Village Council had not yet looked at the entire scope of selling the water department and a sale to Jupiter would mean the Tequesta residents would have no say in water department decisions because they did not elect the Jupiter officials. Possible ways to expand the water department were discussed. Councilmember Mackail recommended that Mr. Chrney go to Jupiter and ask why the rates were high. Mr. Chrney suggested that the Tequesta Councilmembers meet with Jupiter to discuss the water problems, to which Mayor Schauer responded that there had been public meetings with Jupiter and also several days of a closed-door session in an effort to avoid going to court, and Tequesta had won everything in court to date; however, Jupiter was still fighting Tequesta's RO facility and appealing the rate. Councilmember Cameron commented that even if the offer to buy Tequesta's water facility had village Council Meeting Minutes November 13, 1997 Page 23 --------------- been a legitimate offer, he did not see why Tequesta should give up their independence to a town that had instituted a clearly illegal rate increase and had had no regard for the sanctity of contracts; and explained that the triple water rates were high use rates. Village Manager Bradford explained that without the $7 imposed by Jupiter that the rates shown on the chart provided by Mr. Chrney would be comparable on a per unit basis for average consumer in each community, and that Mr. Chrney was looking at the step rates. John Qiba, 78 Fairview East, spoke regarding paying attorney fees from the escrow account and commented that people did not understand why there had been a change in the agreement that monies would be held in anticipation of losing the case but if the case was won the monies would be returned. Mr. Giba stated that the case was still going on, but the signals had changed, since from here on the attorney's fees would be taken from the escrow account, and people did not understand. Mr. Giba questioned where the money would have come from to pay the attorney's fees if Tequesta had lost the original case, and where the attorney's fees for the ENCON case would come from. Mr. Giba commented it did not sit well with the people for the village Council to change their promise in mid-stream. Tom Little, 486 Dover Road, agreed with Mr. Giba that the rules should not change, and questioned whether the Village would get attorney's fees paid back from Jupiter when Tequesta won. Mr. Little expressed his opinion that the people, not the Councils, of Jupiter and Tequesta should get involved in the water issue. Philip Cipolla, 1426 Berkshire, Jupiter, commented that there were two separate issues being lumped together--to change Ordinance 509 and to use escrow fees as general funds, which seemed wrong. village Council Meeting Minutes November 13, 1997 Page 24 --------------- Bd Resnick, Country Club Drive, commented that the appeal might last six months, and at $7 per month that would only come to $42, which he would be willing to pay to get rid of the lawsuit. Meredith Sihal, 1542 Jupiter Cove #105, questioned why Tequesta was raising rates when Jupiter had not raised rates again. Village Manager Bradford explained that Jupiter's rates increased in May every year through indexing, which Tequesta would do beginning in 1998. The Village Manager explained that rates were going up because of the new RO facility, because lawsuits had depleted cash reserves, and because of lost interest income on cash reserves; and that 25~ of the increase was due to Jupiter's actions. Village Manager Bradford explained that Tequesta must proceed with expansion of the water facility by law. Councilmember Cameron commented that at the last joint Council meeting with Jupiter held at Tequesta's village Hall, a Jupiter resident who bought water from Tequesta had brought up the point that the Jupiter charter requires all their charges--such as water--to be the same for all their residents, and he had stated that he was trying to organize a class action suit against Jupiter for them to take some action to reimburse him for the water for which he was being overcharged, and suggested that the Jupiter residents present at tonight's meeting should pursue that, since if he had been right, Jupiter probably owed that money to them. Village Attorney Randolph read the above Ordinance on Second Reading by title only. Couacilmember Mackail made a motion to approve the above Ordinance on Second Reading by title only. Vice Mayor Hansen seconded the motion. The vote on the motion was: Elizabeth A. Schauer - for Village Council Meeting Minutes November 13, 1997 Page 25 --------------- Carl T. Hansen - for Alexander 9~. Cameron - for Ron T. Mackail - for The motion was therefore passed and adopted. XII. ANY OTHER MATTERS Mayor Schauer requested permission for Village Manager Bradford to sign the contract in the amount of $1,900 for the Palm Beach Orchestra to perform at the Charlie Martyn Gala and to pay the required deposit. Councilmember Mackail made a motion to authorize the Village Manager to sign the contract for the Palm Beach Orchestra to perforan at the Charlie Martyn Gala and to pay the required deposit. Councilmember Cameron secoaded the motion. The vote on the motion was: Elizabeth A. Schauer - for Carl T. Hansen - for Alexander 9~. Cameron - for Ron T. Mackail - for The motion aras therefore passed and adopted. Mayor Schauer discussed the canoe race Friends of the Loxahatchee in which she and had participated, displayed the paddle won entry, and congratulated Police Lt. Garlo Mayor Schauer requested that the paddle be wall in the Police Department. recently held by Police Lt. Garlo by the Village's for his efforts. displayed on the Village Manager Bradford explained that both the Christmas and New Year's holidays would be on a Thursday this year, and normal holidays for the Village employees were Christmas Eve, Christmas Day, New Year's Eve, and New Year's Day. The village Manager suggested that instead of having employees village Council Meeting Minutes November 13, 1997 Page 26 --------------- come in to work on Friday, that the Christmas Eve and New Year's Eve holidays be taken on Friday instead of Wednesday, so that the employees would have two 4-day weekends. Councilmember Mackail made a motion to approve closing village facilities on December 25 and 26, 1997 and on January 1 and 2, 1998. Councilmember Cameron seconded the motion. The vote on the motioa was: Elizabeth A. Schauer - for Carl T. Hansen - for Alexander OP. Cameron - for Roa T. Mackail - for The motioa was therefore passed and adopted. Mayor Schauer reminded everyone to participate in the Police Department's Food for Families drive. XII. ADJOURNMENT Vice Mayor Hansen moved that the meeting be adjourned. Councilmember Mackail seconded the motion. The vote on the motioa was: Elizabeth A. Schauer - for Carl T. Haasea - for Alexander qP. Cameron - for Ron T. Mackail - for the motion was therefore passed and adopted and the meeting was adjourned at 9:30 F.M. Village Council Meeting Minutes November 13, 1997 Page 27 --------------- Respectfully submitted, ~~y ~u .. Betty Laur Recording Secretary ATTEST: Joann Mangani to Village Clerk DATE APPROVED: // , /!~7