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HomeMy WebLinkAboutMinutes_Regular_08/14/1997.] P Tf rP ~ G~~a VILLAGE OF TEQUESTA r~ Post Office Rot 3273 • 3>7 Tequesta Dri~~e ~, o` Tequesta, Florida 3369-0273 (>61) ~T-C2(X) e~ Fax: (561) 5?5-6203 A _ 4v F7CF CO ty VILLAGE OF TEQUESTA VILLAGE COUNCIL MEETING MINUTES AUGUST 14, 1997 C: 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, August 14, 1997. The meeting was called to order at 7:03 P.M. by Mayor Elizabeth A. Schauer. A roll call was taken by Betty Laur, Recording Secretary. Councilmembers present were: Mayor Elizabeth A. Schauer, Vice Mayor Carl C. Hansen, Alexander W. Cameron, Joseph N. Capretta, and Ron T. Mackail. Also in attendance were: Village Attorney John C. Randolph, Village Clerk Joann Manganiello, and Department Heads. Village Manager Thomas G. Bradford was absent from the meeting. II. INVOCATION AND PLEDGE OF ALLEGIANCE Vice Mayor Carl C. Hansen 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 that discussion of the water rate case and National Night Out be added under ANY OTHER MATTERS. Councilmember Cameron requested that an update of the bullet train issue and discussion regarding the Village Council taking a stand on the Country Club Drive issue be added under ANY OTHER MATTERS. Vice Mayor Hansen made a motion to approve the Agenda as amended. Councilmember Capretta seconded the motion. The vote on the motion was: • Elizabeth A. Schauer - for Carl C. Hansen - for rzen~ded P«pc-~ • village Council Meeting Minutes August 14, 1997 Page 2 --------------- Alexander W. Cameron - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted and the Agenda was approved as amended. IV. COMMUNICATIONS FROM CITIZENS (NON-AGENDA ITEMS) Pert Towne, 364 Fairway North, requested that a videotape from the 6 P.M. August 6, 1997, Channel 12 newscast be played. Ms. Towne explained that the Tequesta Community Preservation Association had given the Village bad press, and that the tape referred to an increasing crime rate, and showed Country Club Drive at a supposedly peak time without much traffic. After • discussion, it was the consensus of the Village Council that they would view the tape individually in private. Wade Griest, 494 Dover Road, provided the Village Councilmembers with a handout of a section of the Village Code which he explained that he had reviewed with Police Chief Allison to see whether the python missing in the area was a prohibited animal, and that they had found the code had nothing stating snakes are not permitted. Mr. Griest requested that a change be made to prohibit snakes. Richard Berube, 4 Country Club Circle, questioned the Village Council regarding what alternatives to creating a new reverse osmosis plant were being considered. Mr. Berube commented that Jupiter had offered to buy the Village's water plant, and if the Village could sell their water plant and make a long- term contract to purchase water from Jupiter that costs could be reduced. Other comments by Mr. Berube referred to the water rate lawsuit with Jupiter, and controversy over who owns the rights to certain water customers. Mayor Schauer responded that she had not seen a written offer from Jupiter and did not wish to comment because of the lawsuit. Councilmember Mackail explained that he would not comment until the process was completed and it was known whether • Jupiter would appeal the lawsuit. Councilmember Mackail commented that the Village Council had not had time to meet to • Village Council Meeting Minutes August 14, 1997 Page 3 --------------- discuss the lawsuit since its conclusion, that there were alternatives to consider as well as a big picture to be considered, and that the Village Council would do the best thing for the community. Mr. Berube advised the Village Council that the inspectors for the independent group which had inspected wells had been very pro ENCON and that it might help the Village to listen to the tape of the last meeting of the ENCON Board. Peggy Verhoeven, Point Drive, commented regarding the videotape of the newscast referred to by Pert Towne that it told people that Tequesta had a great deal of crime and that the Village may be inviting crime, which should be noted. Ms. Verhoeven expressed her agreement with an article which had appeared in the Palm Beach Post that day, and stated that the sewering project discussed would be devastating, that the ultimate motive was to line ENCON's pockets, and that another • Court and another judge were needed. V. PUBLIC HEARING A) Resolution No. 35-96/97 - Vacating and Abandoning a Certain Twenty-Foot Wide Alley Located in Jupiter-In-The- Pines, Section B, in the Village of Tequesta, as Recorded in Plat Book 26, Page 18, Public Records of Palm Beach County, Florida, and Dedicating a Ten-Foot Utility Easement on Said Property. i) Resolution Read by Title Village Attorney John C. Randolph read Resolution No. 35-96/97 by title only. 2) Overview of Resolution Village Clerk Joann Manganiello explained that when a property owner had requested the Village clear the alley located at the southwest corner of the intersection at Tequesta Drive and Seabrook Road, that it had come to the attention of the Village • Manager that the commercial property had a public alley owned by the Village to the south and west of • village Council Meeting Minutes August 14, 1997 Page 4 --------------- the property. Research had revealed that on May 12, 1964 the Village Council had voted to abandon that alley, however, the document was never recorded in the public records. Since the Village Council had already voted to abandon the alley, the Village did not need the alley and does not wish to maintain the same, Village Manager Bradford initiated abandonment procedures for the southern east-west portion of the 20-foot alley we well as the north/south portion to the west, and proposed creating a 10-foot utility easement within the alley. The abandoned section would revert only to Lots 16, 17, 18, 19 and 20, Jupiter-In-The-Pines Subdivision, because research indicated that the properties to the south of the alley are not entitled to reversion of any of the alley because the Jupiter-in-the-Pines Subdivision, wherein the alley was created, did not include the properties • to the south of the alley. 3) Village Council and Public Comments Mayor Schauer complimented the Public Works Department on the good job they did clearing the alley. In response to Vice Chair Hansen's question regarding who would be responsible for future maintenance, Village Clerk Manganiello explained that the owner of residential Lot 16 had indicated that he had no interest in the parcel, therefore the commercial property owner of Lots 17, 18, 19 and 20 would take title. The commercial property owner would be responsible for the maintenance of the alley and would also be taxed for the property. Village Attorney Randolph assured Councilmember Capretta that the document would be filed this time. 4) Motion to Adopt/Reject Resolution Councilmember Mackail made a motion to approve Resolution 35-96/97. Vice Mayor Hansen seconded the • motion. The vote on the motion was: village Council Meeting Minutes August 14, 1997 Page 5 --------------- 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. VI. 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. • The following items were listed on the Consent Agenda: VII. APPROVAL OF MINUTES AND REPORTS *A) Special Village Council Meeting; July 10, 1997 *B) Village Council Workshop Meeting; July 15, 1997 *C) Village Council Meeting; July 24, 1997 *D) Village Manager's Report; July 21, 1997 - August 8, 1997 IX. APPOINTMENTS *A) Consideration of Reappointment of Stephen J. Parker to Serve as a Regular Member of the Community Appearance Board for a Three-Year Term Expiring on September 8, 2000. (Staff Recommends Approval) Motion was made by Vice Mayor Hansen to approve the Consent Agenda as presented. The motion was seconded • by Councilmember Mackail. The vote on the motion was: Village Council Meeting Minutes August 14, 1997 Page 6 --------------- Elizabeth A. Schauer - for Carl C. Hansen - for Alexander W. Cameron - far Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted and the Consent Agenda was approved as presented. VIII. COMMITTEE REPORTS A) Finance and Administration Committee; July 22, 1997 Village Clerk Manganiello reported that this meeting had been held to review the reverse osmosis plant design plan. Bill Reese, of Reese, Macon & Associates, • consultants for the water treatment plant, had reviewed the site plan and architectural drawings which had previously been submitted to the Community Appearance Board. Cost of the building without equipment was estimated to be $1,000,000. Mr. Reese reviewed the status of permitting for this project, and the proposed capacity. One train of l.2 MGD would be installed initially as well as piping for future trains totaling 7.5 MGD. Mr. Reese explained that this project was at the point to begin financial work, which would include an engineering report and a due diligence report. Financial matters associated with the RO plant were reviewed by Robert Ori, Public Research Management Group, Inc., a utility rate financial management consultant. Mr. Ori explained that a due diligence report would assure that the Village had rates adequate to cover operating expenses, debt service, capital improvements and funding requirements of a bond issue. Mr. Ori had stated that he was very impressed with the Village's financial status, being virtually debt free, which would be very good for financing the $7+ million RO plant. Mr. Ori estimated that the proposed engineering report and documentation needed for the bond issue would be approximately $25,000 to $30,000 and that a bond issue • would take approximately two months. Recommendations made to the Village Council were to consider an increase • village Council Meetiag Minutes August 14, 1997 Page 7 --------------- to the user rate, the feasibility of a 4% increase on commodity, to institute a reservation and capacity charge for developers, and to capitalize interest to pay interest only in the beginning. Water System Manager Tom Hall had reviewed the status of wells numbers 25, 26 and 27 on the Tequesta peninsula, and reported that those wells operated well, that their water quality was good, and that they had provided 108 million gallons of water in two years. Village Manager Bradford had brought to the Committee's attention that adjacent to the new Public Works facility on Bridge Road, a parcel of land owned by the Village had been leased to Mr. Shaw, owner of the 222 Building. Because of changes in Florida statutes, which required city-owned properties to be taxable, the Village Council directed the land be sold at the recently appraised • price. The Committee gave direction to offer the parcel for sale to Robert Shaw, owner of the 222 building. Village Manager Bradford showed a video from Florida League of Cities which explained the Commission on Local Government II. The Commission requested input from each city regarding their three greatest challenges and what constitutional, legislative, or other tools were desired to make their jobs easier. The Committee requested that the Village Manager draft a letter in response to those questions. Motion was made by Vice Mayor Hansen to approve the July 22, 1997 Finance and P,dministration Committee meeting report. The motion was seconded by Councilmember Cameron. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for .Alexander W. Cameron - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted and the • village Council Meeting Minutes August 14, 1997 Page 8 --------------- X. NEW BUSINESS A) Resolution No. 36-96/97 - Approving an Engineering Services Proposal for the Preparation of an Engineering and Financial Report for the Reverse Osmosis Treatment Plant Bond Resolution in the Amount of $28,900 with Funding from the Water Department Enterprise Fund, Retained Earnings account, Having a FY 1996/1997 Fund Balance of $93,899, and Authorizing the Village Manager to Execute the Same on Behalf of the Village. (Staff Recommends Approval) Councilmember Cameron recommended that the Village Council proceed with this project because of past problems with purchasing water and with wells. Councilmember Capretta recommended proceeding in order to get into a position to look at all alternatives available, and to take advantage of the timing to obtain the lowest cost for funding. Village Clerk Manganiello commented that this proposal would include the services of Reese, Macon, and Associates for engineering as well as financial reporting by Robert Ori, Public Resources Management. Village Attorney Randolph read Resolution No. 36-96/97 by title only. Councilmember Mackail made a motion to approve Resolution 36-96/97. Councilmember Cameron seconded the motion. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Alexander W. Cameron - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted. • B) Resolution No. 37-96/97 - Approving Installment Purchase Agreements for Two (2) Xerox DC230C2 Digital • village Council Meeting Minutes August 14, 1997 Page 9 --------------- Laser Copiers with American Document Solutions of Stuart, Florida, Xerox Authorized Sales Agent, and Authorizing the Village Manager to Execute Same on Behalf of the Village. (Staff Recommends Approval) Village Clerk Manganiello explained that the cost, based on State/local government price for these copiers would be approximately $18,000 each, and that the annual cost under the 4-year Lease Purchase Agreement was within dollars and cents of what the Village was now paying annually. The new copiers would be state of the art, and were badly needed. A separate $1,200 annual maintenance fee had been provided for in the budget for each copier. Village Attorney Randolph read Resolution No. 37-96/97 by title only. • Councilmember Mackail made a motion to approve Resolution 37-96/97. Vice Mayor Hansen seconded the motion. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Alexander W. Cameron - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted. C) Resolution No. 38-96/97 - Providing for Amendments to the Village Budgets Adopted for the Fiscal Year Commencing October 1, 1996. (Staff Recommends Approval) Village Clerk Manganiello explained that the revisions included supplemental appropriations necessary to adjust fund balances and provide funding for projects authorized by the Village Council. Under the General Fund, such items as the charrette, CPR program, aid to • community organizations, and furniture for employees were included. Capital Improvement Fund additions included engineering services, and the Seabrook Road • village Couacil Meeting Minutes August 14, 1997 Page 10 --------------- North drainage system. Bond Construction Fund additions included improvements to Tequesta Recreation Center and monies allocated for public safety facilities. The Water Enterprise Fund additions encompassed mostly legal fees and engineering services. A Stormwater Utility Fund addition was for office furniture. These amendments to the budgets were done each year prior to the close of the fiscal year to adjust fund balances. Councilmember Mackail questioned the beginning fund balance for the new budget year, to which Finance Director Bill Kascavelis responded that the ending 9/30/97 fund balance of $720,000 would also be the beginning amount for the new fiscal year. Village Attorney John C. Randolph read Resolution No. 38-96/97 by title only. • Councilmember Mackail made a motion to approve Resolution 38-96/97. Councilmember Cameron seconded the motion. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Alexander W. Cameron - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted. D) Consideration of Draft Letter to Commission on Local Government II. Mayor Schauer complimented Village Manager Bradford on the draft letter he had written, and directed the Village Clerk to forward the same. Councilmember Mackail made a motion to approve the draft letter to the Commission on Local Government II. Councilmember Cameron seconded the motion. The vote • on the motion was: • Village Council Meeting Minutes August 14, 1997 Page 11 --------------- 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. E) 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 August 25, 1997, Commencing at 6:30 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 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) Joann Manganiello g) Scott G. Hawkins, Esquire h) Jane Pastore, Ley & Marsaa Court Reporters Mayor Schauer made the above announcement. Village Attorney Randolph stated for the record that he would also be present. XI. UNFINISHED BUSINESS A) Ordinance - Second Reading - Amending Chapter 10, Article VIII, of the Village Code of Ordinances Relating to Composting so as to Rescind Section 10-73 Relating to Penalties; Providing for Severability; • Providing for Repeal of Ordinances in Conflict; Providing for Codification; Providing an Effective • village Cauacil Meeting Minutes August 14, 1997 Page 12 --------------- Date. (Staff Recommends Approval) Village Clerk Manganiello explained that this was the second reading of the Ordinance, which would eliminate the misdemeanor portion, and that administrative fines would remain. Village Attorney Randolph read the above Ordinance by title only on Second Reading. r ~ U Vice Mayor Hansen made a motion to approve the Ordinance on Second Reading by title only. Councilmember Mackail seconded the motion. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Alexander W. Cameron - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted. XI. ANY OTHER MATTERS Mayor Schauer publicly thanked Village Attorney Randolph and Attorney Hawkins for the great job they did representing the Village in the Jupiter Water Rate Case, and expressed pleasure at the outcome. Mayor Schauer recommended to Police Chief Allison that more children be present at the next National Night Out to see Mr. McGruff. Mayor Schauer also recommended that children be fingerprinted and photographed at this event, which might get more people involved. Councilmember Cameron reported on the recent Bullet Train Workshop which he had attended in Ft. Pierce on July 29, 1997. Councilmember Cameron reported that he had talked extensively with Representative Sharon Marchant and Representative Tom Warner on this matter, who both had reservations about the project. Councilmember Cameron commented that it appeared the • village Council Meeting Minutes August 14, 1997 Page 13 Florida Department of Transportation had received orders from the Governor and cabinet to proceed with this project. Councilmember Cameron cautioned that the Act established a certification process exempting all other licenses and permits except those authorized by the Cabinet. This meant that local governments would have no authority. Items of concern were that a fare of 22G per mile had been established without knowing the route, and that only tourists and not the local residents would benefit. Councilmember Cameron reported that three conditions must be met before the Act became law: 1) federal financial participation must be assured at a satisfactory level; 2) financial ridership study with proper results must be obtained; and 3) alternative route alignments must be evaluated. Councilmember Cameron recommended that the Village Council oppose this project. Councilmember Mackail reported that the Municipal League had heard a presentation on this project, which would be the second largest project in the history of this country, with completion cost to be • approximately $7 billion. Councilmember Mackail commented that the project was not expected to break even until the year 2021, and stated that Palm Beach County had concurrency conflicts. Councilmember Mackail stated he would give his packet on this project to Councilmember Cameron and invited him to attend a second presentation to be given at the Municipal League meeting in September. Councilmember Mackail urged the Village Council to pay attention to this issue since it would impact South Florida. During ensuing discussion, Richard Berube questioned how this project could benefit local residents. Councilmember Cameron reported that there was a plan to sell tickets in Europe which would include the bullet train fare as a part of the ticket. Councilmember Mackail commented that a concept similar to one in France was being considered which would allow one ticket to be purchased for any destination and infrastructure would be provided to allow use by Florida residents, however, that infrastructure was not included in the present cost estimate. It was the consensus of the Village Council, with Councilmember Cameron's agreement, that Councilmember Cameron would serve on Palm Beach Commissioner Burt Arronson's Committee regarding this issue and that the Village Clerk would notify Palm Beach County Commissioner Arronson of that • appointment. village Council Meeting Minutes August 14, 1997 Page 14 --------------- XII. ADJOURNMENT Councilmember Cameron moved that the meeting be adjourned. Councilmember Capretta seconded the motion. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Alexander W. Cameron - for Joseph N. Capretta - for Ron T. Mackail - for the motion was therefore passed and adopted and the meeting was adjourned at 8:14 P.M. :7 ATTEST: Jo nn Manganiel Village Clerk DATE APPROVED: ~~ i947 Respectfully submitted, ~~ Betty L"aur Recording Secretary