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HomeMy WebLinkAboutMinutes_Regular_02/28/1978MINUTES OF THE MEETING OF THE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA FEBRUARY 28, 1978 A Council Meeting of the Village of Tequesta, Florida was held on Tuesday, February 28, 1978 at 7:30 P. M. in the Village Hall. Councilmembers present were Brown, Mapes, Yoder, Huggins and Ryan. Also present were Robert Harp, Village Manager and John C. Randolph, Village Attorney. The Village Clerk was not present. The Opening Devotion and Pledge of. Allegiance to the Flag were given by Councilmember Huggins. Mayor Brown introduced Leslie A. Cook, who is unopposed for Council Seat 3 at the March 14, 1978 General Election. The Agenda was amended to include Item no. 1(e) - Minutes of the February 14, 1978 Councilmeeting; Item 4 (c) - Discussion of consideration of hiring consultant to make "Fair Market Value" appraisal of Tri-Southern Utilities Company, Inc. (Yoder); Item 4 (d) Discussion of poor condition of Country Club Drive caused by Loxahatchee River Environmental Control District work (Huggins) and Item 5 (a) Consideration of a Resolution protesting D.N.R. ban on boats with motors larger than 10 h.p. and possibly all motor boats on the Loxahatchee River within Jonathan Dickinson State Park. Mayor Brown announced that the tennis court lights at Tequesta Park were turned on February 27, 1978 and announced various up-coming meetings. Mayor Brown read a Proclamation proclaiming March 12 through March 18, 1978 as Girl Scout Week in the Village and presented the proclamation to three Senior Girl Scouts. The Village Managers Report for the period February 12-25, 1978 was received. The General Fund Financial Statement for January 1978 and Year to Date was received. The Water Department Statement for .lanuary 1978 and Year to Date was received following a discussion on discrepancy between water sales and water purchases, which was discussed by W. B. Sydow, Water Department Consulting Engineer and discrepancy in payments to Sinking Funds to pay principal and interest on Revenue Bonds. The Village Manager advised he would review this matter. The matter of the apparent loss so far for the year in the Water Department was also discussed. Mr. Sydow, at the suggestion of Huggins, stated he would project the Water Department Revenue and expenses. Yoder expressed his concern over the loss due to Auditors adjustments for the Water Department for fiscal year ended September 30, 1977. The Village Manager is to provide for an explanation of this at a subsequent Council Meeting. Yoder moved, seconded by Huggins that the Auditors Report for fiscal year ending September 30, 1977 be received and filed. The vote on the motion was: Brown - for Yoder - for Huggins- for . Ryan - for Mapes - for and the motion therefore passed. 02-28-78 (2) Mayor Brown advised that the wording in the minutes of the February 14, 1978 relating to the straw vote on the proposed purchase of Tri-Southern Utilities Company, Inc. was incorrect. The February 14, 1978 minutes are corrected to read as follows: "Ryan moved that the wording be: The Village of Tequesta Council seeks the approval of the registered voter of the Village of the Council's proposed action to negotiate the purchase of Tri Southern Utilities Company with revenue bonds in an effort to lower water rates to the consumer and to insure better control over the quantity and quality of our potable water supply. This is a straw vote seeking consensus of the electorate and is not binding on the Council. No Ad Valorum taxes may be used in this purchase. THE VILLAGE OF TEQUES'TA PROPOSED TO NEGOTIATE THE PURCHASE OF TRI SOUTHERN UTILITIES COMPANY WITH REVENUE BONDS IN AN EFFORT TO LOWER THE OVERALL RATES TO THE CONSUMER AND TO INSURE BETTER CONTROL OVER THE QUANTITY AND QUALITY OF OUR POTABLE ?aATER SUPPLY. ARE YOU FOR OR AGAINST THIS PROPOSAL? • Mr. Robert Sattley spoke to the Village Council about the possibility of providing pedestrian crossings across Seabrook Road at the entrance to Tequesta Garden Apartments; across Tequesta Drive at Willow Road; Across Tequesta Drive at the Whitehall and Carriage House Condominiums. Since several of these crossings would be on County roads, the Village Manager will contact the County Engineer to see if that office could make a survey of these locations and make a report to the Village on same. The matter of having right turns only from the south lane of Tequesta Drive at its intersection with SR 5 (U. S. Highway No. 1) was discussed and the Village Manager is to contact the Florida Department of Transportation to request that the Village be authorised to make the south lane a "Right Turn Only" lane. Mr. Jack Servies, Tequesta Country Club Community advised the Council he had suggested an idea for the installation of a bicycle path at the south entrance to the Tequesta Country Club Community with the Village Building Official and Village Manager several months ago, and asked the status of the idea. The Village Manager advised it was still with the Building Official and the Village Manager would ask the Building Official to submit a report on same. Mayor Brown asked the Village Attorney for the status of the several municipalities suit against Palm Beach County in Re: Dual Taxation and he advised that one suit had been dismissed and the Village would have to determine if they wanted to proceed as a participant in any pending suit. 02-28-78 (3) William B. Sydow revieweu his February 22, 1978 report in regard to ~ comparison of new customer charges between the Village • of Tequesta's requirements and Tri-Southern Utilities Company, Inc. requirements. A discussion ensued on how Tri-Southern computed .guaranteed payments. Mayor Brown said he believed there is a difference between those areas within the existing water service area and those outside the existing water service which had to be taken into consideration when considering payments due for water service. Yoder said he believed the Tri-Southern philosoph} on new customer charges was good and should be explored by the Village. The Village Attorney, together with Village Staff members is to proceed with the development of schedules for charges for new water customers. The final approval for the plat of Tequesta Pines Subdivision was discussed. The Village Manager advised that the only additional information received since the last Council Meeting was the proposed Deed Restrictions, which had been forwarded to Councilmembers and the Village Attorney. Mr. Divosta advised that ENCON had approved sewer- age for Phase I east of Seabrook Road and that final water distribution system plans had been submitted to W. B. Sydow for review and approval. "Tentative final approval" of the Plat was discussed. The Village Attorney discussed the various procedures to be followed before the Council could give its final Plat approval. Following further discussion of the various information still needed to be submitted by the developer, Huggins moved, seconded by r4apes "that tentative approval of the final Plat of Tequesta Pines Subdivision be given subject to compliance with the items in the Village Manager's February 14, 1978 memorandum in • regard to same and with the concurrence of the Village Attorney. The vote on the motion was: Huggins - for Mapes - for Yoder - for Ryan - for Brown - for and the motion therefore passed. Brown suggested possible final approval at a Special Council Meeting, probably March 21, 1978. William Shannon, Attorney for Community Federal Savings and Loan Association asked if the final approval could be made March 21, 1978. He further suggested they could only give irrevocable letter of credit after approval of final Plat but could. gives a. tentative irrevocable letter of credit subject to final approval of the Plat. Ryan suggested trying to approve the Plat on March 21, 1978. Huggins moved that "the Mayor be authorised by the Village Council to act on the Village of Tequesta's behalf for providing final approval of the Tequesta Pines Subdivision Plat upon notification that all required provisions had been conformed to. After some discussion, Huggins withdrew the motion. Huggins suggested, and other Councilmembers concurred that the Mayor call a Special Council Meeting for the purpose of giving final approval to the Tequesta Pines Subdivision Plat. 02-28-78 (4) Yoder discussed having an appraisal done to obtain Fair Market Value of the Tri-Southern Utilities Company, Inc. Plant. He said Mr. Ives Carey, Editor of the Courier was pushing for such an appraisal prior to purchase of the facility. Yoder suggested a Governmental purchaser might be subject to a law suit for not acting prudently if such an appraisal was not made. He suggested that such an appraisal be for the use of a lawyer negotiating a purchase and sale agreement and not Public information during the negotiations. Yoder advised that with the concurrence of the Village Manager, he had discussed an appraisal with James R. Branch, Jr. of Associated Appraisers Palm Beach. He suggested the appraisal be made following the March 14, 1978 Straw Vote on the purchase of Tri-Southern. Brown said he was concerned with the amount of time to have such an appraisal completed and the cost of the appraisal. He also suggested that the Village Council authorize the Negotiations Committee to call a meeting with all parties immediately after the March 14, 1978 Straw Vote. Yoder said he strongly recommends that the Village Council authorize the Village Attorney to locate and retain a lawyer knowledgeable in Utilities Acquisitions to assist in negotiations for Tri-Southern Utilities Company, Inc. but not particularly right after the March 14, 1978 Straw Vote. He said we need a utilities legal expert. The Village Attorney said he wants to check the field of available utilities lawyers. The Village Attorney advised his research of the law had indicated that the appraisal report would be a public document since . public funds would be used for same. Yoder stated he disagreed and the Village Attorney read a case almost identical to this situation. Yoder asked the Village Attorney how to get around this matter of the appraisal being a public document. Brown said there have been lots of reports and discussion of the price for Tri-Southern Utilities Company, Inc. He read an excerpt from Tri-Southern Utilities company letter which advised that the purchase price generally discussed is consid:,red acceptable to Tri-Southern Utilities Company. Yoder stated he is looking for protection against future attack of the purchase by the Village. The Village Attorney advised that negotiations for the purchase of Tri-Southern Utilities Company, Inc. would have to be done in the "SUNSHINE". The prior Negotiating Committee had been formed only for fact finding and the Village Council specifically said the Committee could not negotiate. The Village Attorney said the Committee had served its purpose. Anew Negotiating Committee will have to meet in the Sunshine. The committee would be part of Councils decision making process. He said that anything done towards the purchase outside the "Sunshine" would be the greatest area for attack. He said the facts could lead to Council's ultimate decision and that the Village Council is the ultimate Negotiating Committee. Yoder said to wait until after Straw Vote. 02-28-78 (5) The Village Attorney said he will try to find a quality utilities attorney and advise Council of fees for same and other facts pertaining; to retaining of such an attorney. He suggested that since bond Counsel had to give an approving opinion of a Revenue Bond issue, perhaps he could be such an attorney or advise of someone in this field. Huggins said he believed the only value such an appraisal would be for the purpose of covering all aspects of the proposed purchase of Tri-Southern Utilities Company, Inc. and to assure that the Village did properly. Yoder said there is a danger of lawsuits in this proposed purchase. Ryan asked why we don't fall back on the Value Stated by the Town of .Jupiter Engineer in his report on Jupiter's proposed acquisition of Tri-Southern Utilities Company, Inc. Mapes moved, seconded by Yoder that "a Special Council Meeting be held at 7:30 P.M. Tuesday, March 21, 1978 in the Village Hall for the purpose of reorganization and any other business that might come before the meeting". The vote on the motion was: Mapes - for Yoder - for Brown - for Huggins - for Ryan - for and the motion therefore passed. . Yoder expressed his concern and that of area boaters over the recent State Department of Natural Resources ban of 10 or more horsepower motors and a threatened ban on all motor boats on the Loxahatchee River as it passes through Jonathan Dickinson State Park. He advised that he had a Resolution in regard to same if the Council wanted to protest the ban. Yoder read a Resolution entitled " A Resolution Protesting the Department of Natural Resources (D.N.R.) announced ban of 10 or more horse- power motors, and the threatened ban on all motor boats on the navigable waters of the Loxahatchee River as it passes through the Jonathan Dickinson State Park". and moved its adoption, seconded by Huggins. The vote on the motion was: Yoder - for Huggins - for Ryan - for Mapes - for Brown - for and Resolution No. 5 - 77/78 was thereby passed and adopted. 02-28-78 (6) Huggins spoke of the extremely bad condition of Country Club Drive left after the Loxahatchee River Environmental Control District made their sewer installations. He stated that (1) the . conditions of Country Club Drive are unsafe and the present roadway is deteriorating. (2) and asked the Council to recognize the conditions and seek redress from the Loxahatchee River Environmental Control District. The delays in completing construction all along Country Club Drive have delayed the construction of the bicycle path and (3) as a personal note, he is in the process of trying to sell his residence and the condition of the road has reduced the fair market value of his property by $3,000.-$5,000. He suggested that the Village Council give the Loxahatchee River Environmental Control District a deadline for satisfactory repairs to the road and if not completed will proceed with paving and drainage. He asked the Council to consider in their own minds that something must be done to repair Country Club Drive and the answer would probably be YES. He further stated he had been evaluating the matter on his own and if the,.condition was existing in another section of the Village his thinking would probably be the same. Yoder advised that he had placed an advertisement in the Courier asking for the electors support of the Straw Ballot for the purchase of Tri-Southern Utilities Company, Inc, at the March 14, 1978 General Election. Brown advised of a similar advertisement a large group of citizens was sponsoring. Brown advised that the Tequesta Gardens Association had advised him there would not be time for a presentation of the proposed purchase of Tri-Southern Utilities Company, Inc. at their March 6, 1978 meeting, but would set a special date to hear the . Village's side of the question with equal time given to any opposition. Brown said he was going to address the March 6, 1978 meeting of the Beach Road Association on the proposed purchase of Tri-Southern Utilities Company, Inc. There being no further business, the meeting was adjourned at 10:25 P. M. Respectfully submitted, ~,~ i ~~ ~' Ro{~ert Har~F/,~%' Village Manager Mayor Date Approved RH:ah