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HomeMy WebLinkAboutMinutes_Regular_06/13/1978r MINUTES OF THE MEETING OF THE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA • JUNE 13, 1978 A meeting of the Council was held on Tuesday, June 13, 1978 at 7:30 P.M. in the Village Ha11, 357 Tequesta Drive, Tequesta, Florida. Councilmembers present were: Brown, Mapes, Cook and Yoder. Ryan had advised he would not be in attendance. Also present were Robert Harp, Village Manager and John C. Randolph, Village Attorney. The Village Clerk was on vacation. The meeting was opened with Prayer and Pledge of Allegiance to the Flaq by Councilmember Yoder. Mayor Brown announced several up-coming meetings of the Loxahatchee River Environmental Control District and June 21, 1978 tour of Palm Beach County Civil Defense Headquarters. The Village Manager noted the bond validation hearing was scheduled for 2:00 P.M., June 20, 1978 in the County Courthouse. The agenda was amended to include item 3b 1 - Consideration of a Resolution requesting a perpetual utility easement from the State of Florida and the meeting agenda was then approved. The minutes of the Special Council Meeting of May 15, 1978 were received as submitted. The Village Manager called Council's attention to the necessity for revision on page 3 of the May 23, 1978 meeting minutes at the fourth paragraph to read "proposed work and the proper Village officials be authorized and at the fifth paragraph to change the word "commended" to "committed". The Council received the minutes of the May 23, 1978 Council Meeting with these corrections. The Village Manager's report for the period May 21, 1978 - June 10, 1978 was received. The matter of costs for additional Police Department personnel is to be submitted to the Village Council for consideration at the June 27, 1978 meeting. The Village Attorney was asked to review the Village's landscaping ordinance requirements. Howard Osterman appeared before the Council on behalf of the Town of Jupiter as the town's Management Consultant for their water system to discuss the assignment of the bulk sale water service agree- ment by the Village. He discussed the draft of his document to provide for clarification of the agreement and compared his document and one prepared by Judson Freeman. He stated the matter of assignment needed to be resolved now to preclude any problems in the market of Jupiter bonds to be sold for redeeming the Bond Anticipation Notes used to purchase the Tri-Southern system. He said he believed his clarifying document was a good one. He further advised Jupiter is assuming all of the obligations of the agreement. He said he did not feel a clari- fication of the agreement was necessary. Judson Freeman's document provides for a Rate Review Board to act upon requests for rate increases to the Village of Tequesta and the Town of Jupiter wants to have the control over these rates. He stated that staff level communications on the matter are now concluded and action of the governing bodies of the 6-13-78 - 2 . two municipalities is needed to resolve the matter now. A copy of the Osterman clarifying agreement was passed out to Councilmembers and staff. Osterman reviewed the document especially Section 5 which provides for the Jupiter Town Commission to consider rate increases for the Village and provides the basis for determining necessity for rate increases. Osterman said there was no foundation in the original agreement for the setting up of an independent Rate Review Board, but the Village Attorney believes there is. He reiterated the necessity for resolving the matter as quickly as possible. Mayor Brown advised that the Village does not want in any way to unreasonably withhold assignment of the agreement. He said from the beginning of the Village negotiations for purchase of Tri-Southern, the Village had been cooperative with Osterman and Tri-Southern and with the Town of Jupiter. He said the Village goals had been to provide an adequate supply of potable water at reasonable rates for the Village water system. He reviewed the Village's expenditure for the cost of the interconnect to the Tri-Southern system and other necessary improvements, coupled with the Village taking water from Tri-Southern, made it a good purchase for the Town of Jupiter. Tri-Southern and Osterman had said they would not negotiate with others while negotiations were still being conducted with the Village but the speed with which the sale to Jupiter was finalized seemed to indicate this might not have been so. Brown said Tri-Southern did not come to the Village for clarification of the agreement and also referred to the staff Level meeting May 5, 1978 • between officials of Jupiter and Tequesta at which the only Jupiter representative was their Town Manager. Brown stated the Village concerns: (1) since the Village interconnect to Tri-Southern made a Zady out of the Tri-Southern Plant, the Village wants assurances of an adequate supply of potable water; (2) wants rates at a reasonable cost; and (3) wants proposed increases in Village rates to be considered by an impartial Rate Review Board, which has expertise in the rate making field. He said he believes Jupiter Town Commission would be biased. Brown said the proposed modifications were unacceptable to him personally and he was not going to be pushed in assignment of the agreement. Osterman replied to Mayor Brown stating the speed for selling to Jupiter was made possible by use of the previous agreement with ENCON, but with some necessary modifications and the pending Jupiter condemnation suit. He said the language in the original agreement fully speaks to water supply but has no objection to Lifting the language and putting it into the clarification document. He admitted Jupiter has no expertise in setting rates but this could also apply to the Village. He said generally Ioca1 governments are not expertise in rate making and use as many experts as they can for assistance. He said the Village Council probably feels it did a good job in setting rates and used the input of experts and the agreement calls for same. He said the decisions of a Rate Review Board would still be subject to judicial review. Osterman said the Village is not entitled to a Rate Review Board; there are no plans at this time to increase the rate to the Village and that the Village concern on this matter is not a proper reason for withholding • consent to assignment of the agreement and is assuming the Village does not want to delay the matter. He wondered if there was any language in the Village's Preliminary Official Statement in regard to the agreement 6-13-78 - 3 • not being assigned and suggested if the Village does not feel it is getting what it is entitled to under the agreement, it could go to court to have it resolved, but he is not asking the Village to waive any rights. Brown said the time to come to agreement on the various points that might cause problems in the future is now. He said he wants an agreement to provide for a rate hearing similar to PSC rate hearings. Osterman said he believes a1I knew that sooner or later a governmental agency would purchase the system and would not come under the rules and regulations of the PSC and said there are provisions for an adequate supply of water for the Village in the agreement. Mapes said the prime concern of the Village Council and system users is the published information that the Town of Jupiter might make money on the operation of the water system and build a town hall and might increase the rates to the Village. Osterman said the agreement provides a basis for determining rate increases which are the costs of '~"-"""-"~-- producing, treating and pumping water per 1,000 gallons and this is the only way to make a comparison. Yoder said the Village will not be unreasonable and no formal request for assignment had been received to date. He further stated he wants to know and be assured what procedures will be followed in the future. Osterman said exhibit 2 is base period data and he is working on that now. Osterman said the Village Council did make rates for water • users other than those in the Village. Yoder said the rates are the same for a1Z users but bulk water rates are different. Osterman said he has been going through water problems for many years and believes the best way is through a regional supply which could be at reasonable rates. Yoder said his concern is who will resolve problems in the future and now is the time to set up the methods and plan for future operation under the agreement and asked if the Village was entitled to some board, equal to the PSC, as stated in the agreement. Osterman said this matter has no bearing on the assignment. He suggested perhaps the Village should file for a Declaratory Decree and Jupiter would probably join in the suit. Brown said the Village wants equality in the rate making. The Village Attorney suggested a workshop meeting of the Village Council and staff, including Judson Freeman, with Osterman and Jupiter Town Manager. Yoder asked what is Jupiter's objection. Osterman said Jupiter does not feel they are required, or is it proper for them to give up the right of rate making. The Village is not entitled by law to a Rate Review Board and an independent rate review board is not satisfactory to Jupiter. L~ 6-13-78 - 4 Yoder said he wants it our destinies. Brown said it is or he forsees future court cases problem is only that of who will stated the Village only wants a prepare a schedule 2. all spelled out since we can't control desirable to resolve the problems now and problems. Osterman asked if the be the rate making body. Yoder fair shake. Osterman said he will The Village Attorney will contact Judson Freeman in order to schedule a workshop meeting as soon as possible. Osterman stated from the Town of Jupiter: (1) This is a formal request for consent to assignment and request is made on assignment itself only as to the representations as made in the agreement. (2) Discussed the clarification agreement offered but this matter in no way changes the basic request for consent to assignment. Assignment has been made but subject to the consent of the Village. The Village Attorney said the Village will not withhold consent unreasonably but Town of Jupiter might not abide by the terms of the agreement as understood by the Village of Tequesta. • Brown said it would be desirable to have the request in writing and Osterman said he will have the town write a letter request. He said he will not yield to the points the Village wants. Osterman asked if it was necessary or proper to withhold consent while awaiting a Zega1 answer from the court, which could delay the sale of bonds in an already bad market. He said there has been no delay problem up to this date but the sale of the Jupiter bonds is imminent and the problem could cause a problem with the sale of the bonds. Yoder said the Village will not be unreasonable. The Mayor called a recess at 9:28 P.M. Mayor Brown called the meeting to order at 9:35 P.M. Mapes moved, seconded by Yoder that the water pumping and storage improvements made by Mechanical and Chemical Equipment Co. be accepted and final payment in the amount of $77,672.00 be approved pursuant to W. B. Sydow's June 2, 1978 letter in this regard. Sydow advised that Change Order No. 2 had been executed with the deletion of item f in the amount of $1,167.00 and this was reflected in the final payment. The vote on the motion was: 6-13-78 - 5 Brown For • Mapes For Cook For Yoder For and the motion therefore passed. Sydow discussed his June 13, 1978 letter in which he set forth his estimates of the maximum daily amount of water that would be required to serve certain areas of South Martin County not presently in the Village's water service area. Sydow showed Council a map of a portion of Jupiter Island east of Rolling Hi11s S/D for which water service had been previously discussed with the Council. Sydow said his projections were made on present land use and zoning. Yoder expressed concern over possible changes to higher densities. Various concerns with receiving a franchise from Martin County for water service were expressed such as (1) requirement to increase daily gallonage from Jupiter plant only in 1,000,000 gallon increments; (2) cost of water now compared to cost of future water supply; (3) who would pay .for cost of construction of distribution lines; (4) limit of gallonage to engineer's projections for the various new areas (5) inclusion of any and all restrictions in the franchise agreement. Yoder said there are not enough known facts at present and . answers are needed for a lot o.f "ifs". What would be the cost for fulfilling all requirements including additional water from the Jupiter plant? Brown suggested we need additional water sales now and that additional water supplies might be available in Jonathan Dickinson State Park with cooperation from Martin County in obtaining same. Sydow is to incorporate his figures on the existing system with those areas being discussed and provide the Council with such information for the July 11, 1978 Council Meeting along with various matters of concern in extending the Village water service area. Mapes moved, seconded by Yoder that action be withheld until additional information is received from W. B. Sydow on pursuing a Martin County Franchise for water service. The vote on the motion was: Mapes For Yoder For Cook For Brown For and the motion therefore passed. The Village Attorney will advise the Martin County attorney of the Village's desire to obtain additional information in this regard. 6-13-78 - 6 W. B. Sydow advised the Council of the necessity to adopt a resolution requesting a perpetual utility easement from the State of Florida for the water main crossing the North Fork of the Loxahatchee River. He also submitted a letter from his firm dated June 13, 1978 advising of problems in obtaining a permit from DNR for this crossing. The Village Manager read a resolution by title only as follows: "A Resolution of the Village Council of the Village of Tequesta, Florida Requesting a Perpetual Utility Easement From the State of Florida, Said Easement to be Utilized for the Installation of a 12 inch Sub-aqueous water Main Crossing the North Fork of the Loxahatchee River in Martin County, Florida". Mapes moved, seconded by Cook that the Resolution be adopted. The vote on the motion was: Mapes For Cook For Brown For Yoder For and the motion passed and Resolution No. 10-77/78 was thereby adopted. A discussion was held on two (2) appointments to the Community Appearance Board for terms ending May 31, 1981. Mapes moved, seconded • by Yoder that Ruth E. Butterfield and J. Harvey Hartman be appointed to ~ the Community Appearance Board for terms ending May 31, 1981. The vote on the motion was: Mapes For Yoder For Cook For Brown For and the motion therefore passed. The Village Attorney gave second reading by title only to an ordinance entitled: "An Ordinance of the Village of Tequesta, Florida Rescinding in its Entirety Ordinance No. 231 of the Village of Tequesta as Reflected in the Village Code of Ordinances at Section 212, said Ordinance Relating to the Manner of Authorization of the Issuance of Bonds for the Purpose of Borrowing Money by the Village of Tequesta and Providing that Matters Concerning or Relating to the Authorization of the Issuance of Bonds for the Purposes of Borrowing Money by the Village of Tequesta Sha11 be Presented and Approved in the Manner and Form Prescribed by Florida Statutes". • 6-13-78 - 7 Mapes moved, seconded by Cook to approve the second reading of the Ordinance. The vote on the motion was: Mapes For Cook For Yoder For Brown For and the motion therefore passed. The first reading of the Ordinance having been approved May 23, 2978, Ordinance No. 262 was hereby adopted. entitled: The Village Attorney gave first reading to an ordinance "An Ordinance of the Village of Tequesta, Florida, Relating to Abandoned, Wrecked, Junked, Inoperative or Partially Dismantled Motor Vehicles, Trailers, Boats, Bicycles, Machinery, Refrigerators, Washing Machines, Plumbing Fixtures, Furniture and Other Similar Articles; Prohibiting the Storage, Repair or Dismantling Thereof on Public or Private Property Within the village; Declaring the Same to be a Public Nuisance; Providing for the Abatement of Such Nuisances; Providing for the Disposition at Public Auction of Such Items and Items Lost Within the Village; Providing Penalties for Violation of this Ordinance; Providing an Effective Date; Providing for Severability; Providing for Codification','. • Yoder moved, seconded by Mapes to approve the ordinance on first reading. The vote on the motion was: Yoder For Mapes For Cook For Brown For and the motion therefore passed. Second reading will be made at the June 27, 1978 Council Meeting. The Village Attorney discussed the proposed Inter-Local Agreement for Mutual Police Aid between the Village, Town of Jupiter and Jupiter Inlet Colony. The Village Manager advised that the Village insurance carrier had reviewed same and had verbally advised it would not cause any insurance problems. The Village Manager read a Resolution entitled: "A Resolution of the Village Council of the Village of Tequesta, Florida Authorizing and Directing the Mayor and Village Clerk to Sign an Inter-Local Agreement for Police Mutual Aid Between the Village of Tequesta, Town of Jupiter and Jupiter Inlet Colony, Palm Beach County, Florida". • Mapes moved, seconded by Yoder that the Resolution be adopted. The vote on the motion was: 6-13-78 - 8 i Mapes For Yoder_ For Cook For Brown For and the motion therefore passed and Resolution No. 11-77/78 was thereby adopted. Mapes moved, seconded by Cook the resignation of Charles W. Prescott Director. The vote on the motion was: that the Village Council accept s Village Civil Preparedness Mapes For Cook For Brown For Yoder For and the motion therefore passed. The Village Manager will write a Ietter of appreciation to Mr. Prescott. The Village Council appointed Police Chief Franklin E. Flannery as Interim Village Civil Preparedness Director. Agenda items 5a and 5b were not acted upon but were changed to the June 27, 1978 Council Meeting Agenda. The village l9anager reviewed his memorandum in regard to • proceeding with work on the Village's Comprehensive Plan in order to meet the July 1, 1979 deadline for adoption. He also discussed the possibility of John J. Giba serving on a paid part-time basis as the Village's Planning Consultant. It was the general feeling of the Councilmembers that we invite a representative of the Area Planning Board of Palm Beach County to the June 27, 1978 Council Meeting to more fully discuss and advise the Council of the scope of work and involvement that a Village Planning Consultant might be involved in. A Council Workshop Meeting was scheduled for 4:00 P.M., Thursday, July 6, 1978 in the Village Ha11 for the purpose of commenc- ing work of preparation of the Village's Comprehensive Plan to meet the requirements of LGCPA of 1975. Cook discussed a meeting she had attended on June 1, 1978 as a representative of the Village, at which the group was enlight- ened as to the need for an additional elementary school for the Tequesta-Jupiter area. She advised of the group's request for support of groups and organizations to get support for this project and request Three Seasons Development, Palm Beach County School Board and the Town of Jupiter to work cooperatively to expedite the dedication of the site, which will enable forward progress toward the completion of a new elementary school by 1980. The Council unanimously authorized the Village Manager to write Letters to the three participants urging .` 6-13-78 - 9 that they take necessary actions to assure that the school can be ` ~ constructed and put to use at the earliest possible date. The meeting was adjourned at 11:32 P.M. Respectfully submitted, / ~~i r G/ ~--~'""Robert Harp RH:jf •