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HomeMy WebLinkAboutMinutes_Regular_05/22/1984• i~11Pv'UTES OF T:r:,~ ~~i:~ETlb`C OF Tz_E CJiiNCll, OF THE VTLLA~rE ©?? TE(?ULSmA, FLOC 1~~A iAY 22 , 19L~4 A meeting of the Council of the Village of Tec~uesta, Florida was held' at 7:30 P.~i. , Tuesday, ~a;a 22, 1984 in the Village ~~all, 357 Te~uesta Drive, Tecluesta, Florida. Councilme-:~bers present Were: Stoadarcl, BrOWn, Mapes, 6vagar. lurphy had advisei he would not be in attendance. Also present were: Robert darn, Villa e '~iana.3~-~ and John C. Pandolph, ~?ill age .Attorney. The Village i%~ana~er reported that the Village Clerk had had ler tonsils removed this date. ~'he ^'iayor asked if arycne in the audielnce :lesired to speak under Time for Visitors and Tir. '_?a- lie-~hauser said he o.id. J. :~iba sail he would like to speak at the conclusion of tine c'_iscussion on Agenda item la. The only item -.dried to the 1'~L enda Teas I•ie~•7 Business - 4e - Ap~~ointments to Com:^.unity Ap~;earance Board. '° he ?~ayor announced • 1) The flay 24, 198+ palm Beach County l~iunicipal Lea4ue ~~`_eeting 2) COG Planner; s ?Meeting ,•,,a JT 25 , 1984 3) COG v~orksho : `leetinn'la~, 30, 19u4 4) ;~artin County Transportatior_ Committee ?%eeting Jur_e 1., 1984 5) Fl_rst T~ieetin; of Palm Beach Cour_ty Beach Erosion. Steering Committee June 4, 1984. la) ilayor advised the first iter^ fo= consideration ti~as the Petition of Ocean Towers South Et Al for a riV Antennae and Satellite Dish to provide television cable service to five (5) condominiums on Jupiter island. In attendance representing the Petitioner ~>>ere Robert P~itchie and Attorney Brian ,J. Cooke. Cooke .?_i.scussec the Petition advising the purpose was to provide better service to ocean 'ion-?ens South anci the other fou?~ condominiums referred to in the Petition, a total of 183 u.~its, and such service Mould be cheaper, ~.e reviewed the other iteTs set fortl. in the Petition. ~:e said the service F~;ould not be sold, the anart.~.ents do not have to be wired. for the service, the proposal would not be com~e,_cit~l in a -3 residential gone and the proposed service was no tifferent than services to existing unit holders such as elevator maintenance, landscaping maintenance, etc. ~Ie further stated that servicing the other four business could not be considered service for the public. Stoddard asked Cooke to read the names of the five buiJ_din~s to be services?, .which he did as fol'.o-<Ts: Ocean Towers Soutt:, Ocean To~_?ens North, 'i'he 1?eency, island 1-IousF~ and 'fequesta mowers. Cooke sa.~i the service ~•3ould be limited to only these five buildings. Brown asked r?hat the relationship was between the five .~cncs.,,li.~.ii~m ~~.:cci<:i?rns. ~'ooke said each association had approved the ?eneral concept. Aboard consisting of members from each Condominium Association was proposed. • ,,"linutes of the "Meeting- -: 22, '_3d4 Page Sao - Brown mentioned that each condominium has its ovnz association. Cooke said the organization could be structured i:~ other ways such as a contractual relationship instead of a corporate structure. Brown as',~.ed the Village <'.ttornoy if a cable system was classified the same as a cable ~V co.anany. `1'he Village Attorney said the prolaosal might rewire a franchise from the Village and the entire matter needs to be researched. Cooke :.:-sked *_he Village P.tto~~ney what the opinion ,could be if the proposal was only for se-:-vice for 100 Beach ?Zoad. the Village Attorney said it might make a differenc•.e but that there :gas not an app~-op~~iate vehicle at this point in time to use to make a proper determination. ode said he believed t'ne appropriate request to ti.e Courbcii r,•~oulr be to amen the ZO?]_n? ~""`linarlCe t0 j.Y'OViC:e for the u~~E.' 1n th1S ~Onin~ ~2.t" ~'"" as a Special ~xc`ption and noted it t,~as not ~rpropriate to reeuest a variance and titre Village Council Boas not the bcc1~T that consi~+erecl .,ariances. '_a.e stated representatives of the Petitioners had c.iscussed this matter r7ith hir?. and staff and were advised to reouest a Zor_iag Ordinance Amend^.~ert. Stoddard said if the Council would provide fo_- a %or~ing A..~endment to al.l.oco for the rer_uested tyre of cable service ~n an P- Zore i,istrict, the Pet~_tio~~ers would have to have a very good ~~~aso~-. 'itchie said re had net talked to the Village Attorney and the Village A_tterney said he had talked to so~::oone representing the Petitioner. • ?'_~_tcl,~i e tool: the podiu:r to discuss the ratter further will: the ;'our_cii . lle recited the poor service provided ~y Ferry Cable TV for tl~e past five _years and r_oted treat the co^!par.- had received almost a 100% rate increase in the past three years and service -vas not improv~c. ?le said tl:e ~~c:, ;;al was not ~~cean ~'owers South and t`~cc~ ~,~~-~~ not proposing to sell to a-~yone else. _'_..~. fiti-» buildings were i:,~ of^_ a =art of the total pro ` ct. -itchie said tl'.e rea~o;.rs fog- wanting this _ _ of service were to ob~~w~_ b~~tt^r service a~-~? cut i.Uwn costs and. k_~os~~ t?~e costs for the future. __.` ~_oposed I syste.-. wo-.ld provide 18 stations co:: ~~a°eu to 12 from Perry Cable ."; . le revie~.Te!? t?~c~ nrop;-~:-,ed costs ~oirt~•' plat the savings with a C, ,,°a:~tr~e of bette : said the me ') ~: ". --stem should be a7_lo~ •.: ~ ,- "er for the use~.s to '~ eve better ser~Jl`_~ - . ~ have to use Perr=~ C ',_+ry . ._.~rvices. He ben2ect. the Council to allow t~~~-~ to %•.stall tl.e pro_, osed ~ _~ ~~.~~- system which -•~orrl.~~~ be a cheaper cost tc t_'~e users. '~~apes said he had seve~-a" concn;~ns with the ~_ ~•u; osa1. !?.'+ the petiti.n~. ~-»s only signed by Oce~^ ''"n-.-~~-:~ South and no irdicat ~ •~~, of the desires o" t;?F:~: other buildings ,'? % ^os~cerned approval riigr~t ~>ta-~'~ ~. precec er~.t a.ne income from Perry -~ao'.~ ~:'V franchise might be _.~ ~:t _< 'd causir..? a Jos-~ in revenue to the ~ °_~,~:e- and verha,~s making .e~=;` to - ~ •` increase tav~s for all the `Jil'_~.ae. Cooke :asked if the diffgcuJ.t=v ;~;rth the proposal -~=as five buildings },ei~,a ~» the petition and s~~b-iit_te: that if cacti'. bl'.l_~~ .;lg w.'.;; a SePaY3te. '_SS1iP. t]~e retJenue WOllld Stl.~ l be ?_nSt. napes sa_t~ '~ would feel better ,,^.bo~.it t'~.e -natter if each bu~~~:'ins aaa.s • Minutes of the Meeting - P-gay 22, 1384 Page Three - • having its own system. He further stated he has no real argument against the proposal and would like to see some way it could be done. He said he believed it needed a zoning change. Brown said he agreed it needs a zoning change. Manes asked the Village Attorney if the zoning change could be for the R-3 district only and was advised it could. Mapes asked if the contract with Perry Cable was non-exclusive and was advised it is. Brown asked if the estimated cost of $67,000 for all wiring including inter-building cabling and was advised by Ritchie that $3,360.00 was cost for each additior_al building cabling. ldagar said he roughly and quickly computed the franchise fee loss to be $1,500 a year. Ritchie said the buildings on the proposed system would reimburse the Village for any lost franchise fees as part of their mainter_ance fee. Brown said he sympathized with the residents in the condominiums and would probably support the proposal if he lived there. Stoddard said former Councilmember J. 13. ~~ocer, Jr. told him that if Perry Cable TV reception continues to be poor to all sections of the Village, these residents should be gvep_ the same co~-~sideration as those on Jupiter Island. He said the legality of the matter should be given further con - sideration and discussed as to if it is proper to amend the %oning Ordinance to provide for this proposal. He also stated the allowing of the proposal might have an effect on Perry Cable TV and shake them up since they promised to improve system when approval ~,~as given for last rate increase. J. J. Giba said the petition steins from frustration with unsatis- • factory service. The costs for service have increased and quality of service has decreased. Perry Cable liad promised during deliberations for_ last rate increase to spend $187,000 to provide better service and that Perry Cable has not lived up to contract. He said he personally has two problems, Channel_ 2 jumps and rolls and Channel 5 has a vertical line ~.ahich moves from right to left and the compat:y tells him nothing can be done about these. He said they did not make any exceptions when they said they would provide better service and therefore believed there should be a rate reduction. He said the company provided incorrect data on their performance and wondered what the franchise says about service. He said Perry Cable TV should not be let off the hook and if proper service can;~_ot be provided, the rates should be reduced. He said there should be some remedy to have the problems corrected and Perry Cable should be pressured to nut up or shut up. He said his Channel 2 and 5 were useless. Mapes said he was not on Council when last rate increase was granted and wanted to know if the spending of the $187,000 was part of the contract. The Village. Attorney said no, it ~•~as not, but it was represented to the Village that way. Mapes moved, second by Bro-an that the Village Manager and Village Attorney be requested to come up with some method to carry through this petition in some manner to satisfy the Village Attorney's, Village Manager's, Manes'.y tie Councils' problems with the proposal and to discuss the matter with Petitioners before bringing back to the Council. The vote on the motion was: • • T?mutes of the i~'teeting - Nfay 22, 1984 Page Four - ~,~ .apes o Brown fog- ivagar for Stoddard for and the moti-,_ therefore passed. Brown said he solved his personal problems with Perry Cable by discontinui_zg service. ~'itchie sail he ;aoulri like to have time frame for the furtherance of the matter and the Village At.~::rney said he thought 30 days and Panes suggested it be done fast haste. lb) Dlr. Ray 1-leml~ause_-, X56 'Ienus P.venue, 747-1894, sair'_ he had some items he ~•~ould like answers to ~>.hicl: tl~e Police ~~epartme:~t c'.i a not Qive him: 1} requirements of boo- C!r~'inance and noted the fact that he had called the Police ° s atte=~tion to persons wallcix?.n doffs on the Village Green, a]1.o:a-in.g them to do the.;.+~ ~.uty and not picking up after:aards. 2) charLging oil in vehicles at Sou~hwest, corner of Tenuesta • Drive and 1~1ars Ave^ue are' dumping the oil on the sF,ale. 3} provisions in 'ruck ~?~-dinance as to what t~-ucks, if arty, were allowed to be aarke^ in ?-esidential_ area, and. 4) could vehicles be rarke~~ or. swale within 50 feet of a stor and parking in swa]_e facing wrong direction. The Village ?'ianager advised ''°Ir. ~Iemhauser his Natters would be referred to the Police Deuartment and someone would be in contact with him soon. 2a) The next -item for consirieration wr~s the Capital Imnrove~~xent Charges --.?upiter Island. The Vil_la~;e Attorney advised the Council that they had asked him to research this rxatter in order to guide them in making a decision. He said he had done so and that there are four uertinent questiox?.s to the matter: 1. l~]hether or not the Village can charge interest for_ use of monies tied up for construction. a) Legally, yes, it can be chargeu. 1) interest char e ceases subsequent to c'_ate on ~~,rhich payments are made back to system. • Minutes of the Meeting - flay 22, 1934 Page Five - b) if require interest on funds paid by Developers, the Developers could require interest to be paid on the balance due them on a refund. These items would be Counci]_ Policy determinations. 2) hJhat additional charges reasonably related to the construction of the system could be charged? a) Could charge carrying costs to future developers. 3) Is there any duty on the part of the Village to reimburse? a) Not legally if the money was used for expansion. 4) tdher. is the Village obligated to reimburse? a) This is a policy decision. As a matter of law, it is a refundable ar'_vance and reimbursed when pain back for costs of improvement to entire system. 'recommend pay back on pro-rata basis and not first-in-first out. • The iii llage Attorney read the -'efinition of a refur_iabl_e advance. The law does support reimbursement as the Village is paid back. Stoddard said it is well established that the refundable advance is owed, interest should be forgotten. The Village owes money and should pay it now. lle said the inter~>st due and interest payable would balance out. Wagar said he was not sure interest would balance out since it ;,,oul.d be based upon different base amounts. Stoddard raid chargeable cost to future Developers would h<we to be calculated. i'1.anes mentioned interest on new Developer's charges. Brown wanted to know status of cast. available in Capital Improve=rent Funa and did not want to impair eater system improvement project because this affects the entire system. The Co•.~ncil has to look out for the entire water system and al_1 of its cus to+r.er_ s . The Village Manager and Treasurer reviewed the .March 31, 1934 Water Department Financial Statement which showed adequate funds to make the refund and to pay fo?' the T~later System Improvements. The Village manager said the funds were invested in Certificates of Deposit and refunding will have to wait until a sufficier..t amount matured to make the full payment. Mapes moved, second by ~~agar that the Developers on 3upiter Island be refunded a total amount of $80,11.2.95 as set forth in the Village ??anaRer's May 18, 1984 laemorandura as soon as sufficient cash is available a_r. the 'vJater System Capital improvement Fund. ~t'he vote on the motion was: • rlinutes of the Meeting - :gay 22, 1984 Page Six - Mapes for Glagar for Stoddard for Brown Against and the motion therefore passed 3 - 1. Robert Joslir~ asked when the funds might be available and was advised 30-60 days. 2b) The next item for consideration was the bids for the construction of restroom facilities in Tecuesta Park. The Village i•lanager said the bids had been received a month ado an~i believed that in fairness to the bidders, some definite action should be taken. ?apes said he thought the bids should be turned down, plans redone and rebid for next years' budget. Brown said he had had some experience with such structures and did not think the plans j. ere too fancy and that rebidding would not provide substantially lower bids. Brown moved, second by Wagar that the Village accept the low bid of $39,5?0 from Heritage Homes of "_'e^uesta, Inc. for the restroom facili- ties and provide an additional $1,000 frcr-~ contingencies in the revised bud- get for unknown items. The vote on the motion was: Brown for Wagar for Stoddard for :Mapes against and the motion therefore passed 3 - 1. 3a) The next item for consideration was the contract for Bulk eater Service with Jupiter Island Beach Company, Inc. (Rolling Hills) as discussed in the Village Manager's 1_'iay 18, 1984 Memorandum pertaining to same. Giba was asked abou*_ the project and he said he had severed his relationship with Ryan thirty days ago. It ~,aas noted that bids had been received by the owner for construction of the project and had until June 24, 1984 to sign the contract. It oaas suggested the Village Attorney be authorized to ~.~Trite Mr. Ryan advising that the contract would be void if the contract for construction was not entered into. Thomas J. Tittle asked if tae had a binding contract; he is afraid Ryan might dron_ the project and the Village forced to connect the area to its slater System. The Village Attorney said the contracr_ ~~as only with Jupiter Islan~~. Beach Co., Inc. and was contingent upon them providing certain things back to the Village. He suggested there might be an anticipatory Breaz,h of Contract • since we had not seen anything going ahead. Little asked if the Village could be forced to give the area drinkir.~ water. Mapes said he heard that the ti~ells had been redone. ?:itt?..e ~>>arned the Council to waatch what Minutes of the Meeting - ~1ay 22, 1954 • Page Seven -- the Vi1.1_age might be getting into. Ciba sneaki.ig as a private citizen reviewed the history of she project. Stoddard said contract is a contract and if the stalling is treated legall--, tendering notice might do some good. Mapes moved, second by Browr. that tl~e Village Attorney be authorized to give written notice to Jupiter Island Beach Company, Inc. to the effect that if the contract for construction of the improvements to provide for the connection to the Village system is not signed by June 24~, 1984, that the 1•dater Service Agreement uTil_l become null and void. The vote on the motion was: Mapes for Brown for Stoddard for Tdagar for and the motion therefore uassed. Stoddard suggested to the Village Attorney that the Councilmembers might have some information to give hi.n pertaining to the F.E.C. - Dickerson case which might be helpful to hi-'?. . Councilmember mapes was excused from the meeting at 9:05 P.M. and the remaining Councilmembers were advised by the Village Tanager that further actions tonight would have to have unanimous an_nroval since there were only three members now present. 3b) The Village Attorney read a resolution entitled "A Resolution of the Village Council of the Village of Tequesta, Florida, stating its support of a more stringent enforcement of our Criminal saws so as to make the Village of Tequesta and the State of Florida a more safe and pleasurable area in whi~hto reside; providing that a copy of this Resolution be sent to the Chief Administrative Judge of the Circuit Court in and for Palm Beach County, Florida; providing an effective date; and for other purposes." The Village Attorney said the Resolution was a growing out of frustration that people and police are having with law enforcement. All said they could see no harm in the Resolution. T~lagar moved, second by Brown that the P~esolution be approved. The vote on this motion was: i~'agar f o r Brown for Stoddard for and the motion therefore passed and RESOi.,JTl~'~~ N~. 7-33/34 was ad.onted. • 4a) The Village Manager reviewe-' his i•lemorandum on bids received for a One `i'on Dump Truck. bdagar moved, second by Brown to accent the bid of Al Packer Ford in the amount of $11,714.49 for a 1935 One Ton Dump Truck. The vote on the motion was: • Minutes of the Meeting - Rlay 22, 1984 Page Eight - Wagar for Brown for Stoddard for and the motion therefore passed. 4b) Mayor Stoddard reported on the Fiay 16, 1984 meeting of the Loxahatchee Council of Governments (COG) advising they had authorized a letter to be sent to the County Engineer requesting the Old nixie Highway be 3 lanei~ from approximately Bridge Road South to the new construction in Jupiter; they had agreed to help I°iayor and work with Martin County on relocating the Connector ?'toad and COG Steering Committee urges the :~~,=ratter of the Connector Road be resolved; they discussed "No 4~'ake" recuest of Jupiter Inlet Colony to DNR for area Nest of vJest Jetty and the members were in unanimous agreement that COG call for meeting of the planners for the various members of COG and COG Planning involvement will be discussed at their May 30, 1984 meeting to take a close look at North County Planning. Mayor also advised of the If ay 24, 1984 Palm Beach County municipal League Fleeting. • 4c} The Village Council set 7:00 P.M., Tuesday, June 5, 1984 as the time for a T4orkshop Fleeting to discuss the proposed revisions to the Planned Residential Development PR") and Planned Commercial Development (PCB) portions of the Zoning Ordinance and any other zonirn~ revision items. 4d) The Village Manager reviewed his May 14, 1984 Memorandum in regard to the 1983/1934 Budget Amendments. It was agreed that $6,000.00 should be deducted from contingencies line item and a new line item under Parks and Recreation be added for restroom facilities in the amount of $6,000 as previously approved during this meeting. The Village Manager read a Resolution entitled "A Resolution of the Village of Tequesta, Florida providing for Amendments to the budgets for the fiscal year commencing October 1, 1983. Bro~~m moved, second by L~Tagar that the Resolution be adopted. The vote cn the motion was: Far own f o r >•Jagar for >todc.ard for and the motion nasscrl and Tesolution No. 5--x'3/34 was therefore passed and adopted. 4e) T'he next item for consideration was the appointment of members to the Community Appearance Board as discussed in the Village I•anager`s May 22, 1984 ilemorandu~-n. Brown moved, second by 6~agar teat Lcward G. Ricci ~, ~ ~ • Minutes of the Meeting - May 22, 1984 Page Nine - ar~r'. F~'rederick ~un~i.erman~z ve apF~ointed to the Community Appearance Board for three (3) year terms commencing 3une 1, 1984 and Ruth E. Butterfield be appointed as an Alternate :ember of the Community Appearance Board for a one year term commencing June 1, 1984. The vote on the motion was: Brown for Giagar for Stoddard for and the motion therefore passed. 5a) ~a'agar moved, second by Brown that the Minutes of the April 17, 1984 Special Council Meeting be approved. The vote on the motion was: [lagar for Brown for Stoddard for • 5b) T~'agar moved, second by Brown that the Minutes of the April 24, 1984 Council meeting be approved as corrected by Mayor Stoddard. The vote on the motion was: and the motion therefore passed. Wagar for Brown for Stoddard for and the motion therefore passed. 5c) Wagar moved, second by Brown that the Minutes of the May S, 1984 Council Meeting be approved as corrected by Mayor Stoddard. The vote on the motion was: Wagar for Brown for Stoddard for and the motion therefore passed. 5d) Brown moved, second by `;agar that the Village Manager's ReDOrt for the period May 6, 1984 to i?ay> 19, 1984 be accepted. The vote on the motion was: Minutes of the Meeting - r?ay 22, 1984 Page Ten - Brown for G]agar for For for and the motion therefore passed. Wagar suggested the possibility of having representatives of Perry Cable TV attend a future Council Meeting to give an up-date report. Stoddard made note of the Village Manager's Memorandum in regard to water use restrictions for the water system and the Village Manager ad- vised the notice would be published Wednesday, May 23, 1984 and was only applicable to users of the Village Water System and not to private wells. Stoddard briefly discussed information received sometime ago from U5 Coast Guard pertaining to Area Draw Bridge opening and closings. There being no further business, the meeting was adjourned at 9:50 P.M. Respectfully Submitted _~~. Robert Harp Village Manager RH:mk ~~~' ~ vi / ~ ~ y ~, Date Approved Lee M. Brown 'CiU./ ~. W. H. Mapes, Jr. ,~/ _ r'~~ L f ' Arthur P.. Murphy Carlton D. Stoddard ~~ _ f ~~~ William Wagar