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HomeMy WebLinkAboutMinutes_Regular_08/23/1977MINUTES OF THE MEETING OF THE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA AUGUST 23, 1977 A meeting of the Council of the Village of Tequesta, Florida was held at 7:30 P.M., Tuesday, August 23, 1977 in the Village Hall, 357 Tequesta Drive, Tequesta, Florida. Councilmembers present were: Brown, Huggins, Mapes and Ryan. Also present were Robert Harp, Village Manager and John C. Randolph, Village Attorney. Councilmember Yoder had advised of his absence and the Village Clerk was on vacation. Opening Prayer and the Pledge of Allegiance to the Flag was given by Mayor Brown. The agenda was amended by the addition of new item No. 4(g)- Discussion of Village Council giving Tri-Southern Utilities Company, Inc. and Loxahatchee River Environmental Control District permission to negotiate the sale and purchase of Tri-Southern Utilities Company, Inc. Mayor Brown announced a public hearing to be held by WPBUATS on August 24, 1977, 7:30 - 9:30 P.M. in the West Palm Beach Library and a public hearing on the State Comprehensive Plan. The minutes of the August 9, 1977 Council Meeting were received. The Village Manager's Report for the period August 7, 1977 to August 20, 1977 was received. The Financial Statement for July 1977 was received as was the Water Department Financial Statement for July. Mapes suggested looking into short-term investing of some of the Water Department funds. Joseph Koch, 12 Palmetto Way, spoke to the Council about the poor condition of Riverside Drive south of Tequesta Drive which was left following the construction of sewers in the area. He also spoke about a dip in the pavement of Tequesta Drive near the Presbyterian Church. He was advised Riverside Drive is a County Road and that it is ENCON's responsibility to put the road back into proper condition. The Village Attorney advised that he had received a copy of a petition from PBA forwarded to PERC requesting a bargaining unit consisting of patrolmen, patrolwomen and sergeants. The Village Attorney said it was his legal opinion that the Village should not contest the make-up of the bargaining unit. He read a definition of "supervisory status" as relates to unit determination. He said the Village Council must make a determination if they desire a unit determination hearing. Huggins said he ~oould accept the Village Attorney's opinion. Huggins moved, seconded by Ryan that the Village approve the bargaining unit of patrolmen, patrolwomen and sergeants as presented by the PBA and take 8-23-77 - 2 necessary action to provide for a consent election. The vote on the motion was: Huggins For Ryan For Brown For Mapes For and the motion therefore passed. Huggins asked if there were any restrictions on PBA activities in regard to the consent election. The Village Attorney also advised that he had filed a petition Writ of Certiorari with the State Supreme Court in regard to the Jupiter Inlet Corporation (Broadview) case against the Village. The Village Manager discussed his August 19, 1977 memorandum in regard to line item revisions to the 1976/77 Budget with no changes in the department totals. Mapes moved, seconded by Huggins that the revisions to the 1976/77 Budget as set forth in the Village Manager's August 19, 1977 memorandum be approved. The vote on the motion was: Mapes For Huggins For Ryan For Brown For • and the motion therefore passed. A copy of the memorandum is attached to and is made a part of these minutes. The Village Manager discussed his August 19, 1977 memorandum in regard to line item revisions to the 1976/77 Water Department Operation and Maintenance Fund Budget with no changes in the department totals. Mapes moved, seconded by Ryan that the revisions to the 1976/77 Water Department Operation and Maintenance Fund Budget as set forth in the Village Manager's August 19, 1977 memorandum be approved. The vote on the motion was: Mapes For Ryan For Huggins For Brown For and the motion therefore passed. A copy of the memorandum is attached to and is made a part of these minutes. The Village Manager discussed the Proposed Budget for the fiscal year commencing October 1, 1977 in the amount of $1,043,600. and with a millage rate of $4.111 mills. The Village Manager read a resolution providing for the adoption of the budget and the millage rate. Ryan moved, seconded by Mapes that the resolution be adopted. The vote on the motion was: Ryan For Mapes For Brown For Huggins Against 8-23-77 - 3 • and Resolution No. 16-76/77 was therefore adopted. A copy of the Budget is attached to and made a part of these minutes. The Village Manager discussed the proposed Federal Revenue Sharing Budget in the amount of $41,025. for the 1977/78 fiscal year commencing October 1, 1977. The Village Manager read a resolution providing for the adoption of the budget. Ryan moved, seconded by Mapes that the resolution be adopted. The vote on the motion was: Ryan For Mapes For Huggins For Brown For and Resolution No. 17-76/77 was therefore adopted. A copy of the budget is attached to and made a part of these minutes. Huggins moved, seconded by Ryan that the Council direct the Village Manager to write a letter to Congressman L.A. "Skip" Bafalis advising that the Council desires his support in providing for the termination of the Federal Revenue Sharing Program and providing for a reduction in Federal taxes by an amount equal to the amounts that therefore would not be distributed under the Federal Revenue Sharing Program. The vote on the motion was: • Huggins For Ryan For Brown For Mapes Against and the motion therefore passed. Mr. Sattley stated some things would not be done if the program was terminated. The Mayor introduced Franklin E. Flannery to the audience and advised that he had been appointed as Police Chief to be effective September 1, 1977, by the Village Manager subject to Council's approval. Several questions were directed to the Village Manager in regard to the selection process of the Special Personnel Committee. Flannery stated he did not intend to use the position as a "stepping stone" to a future position. He said it was the kind of position and area he and his family had been looking for. Ryan moved, seconded by Huggins that the appointment of Franklin E. Flannery as Police Chief, effective September 1, 1977 be approved. The vote on the motion was: Ryan For Huggins For Brown For Mapes For and the motion therefore passed. 8-23-77 - 4 • The Village Attorney was directed to review the matter of the Village joining in a possible suit with other municipalities against the Board of County Commissioners in regard to taxing all property owners for the cost of the Sheriff's Road Patrol and to report back to Council. Mayor Brown reviewed the information he had submitted to the Councilmembers in regard to the Village possibly giving its permission for ENCON and Tri-Southern to negotiate the sale and purchase of Tri-Southern. He reviewed why and how the Village had reached the present status of studying the possibility of acquiring Tri-Southern and merging it with the Village's water system. Mapes asked if the Village Attorney had any opinions in regard to the need for ENCON's consent and Town of Jupiter's franchise option to purchase Tri- Southern. The Village Attorney said both items need more investigation, however it was his opinion that ENCON's consent would only be necessary if a new water system was to be constructed but not for acquisition of an existing system and that for all practical purposes the Town of Jupiter would probably not be able to exercise its option in time to go ahead with a purchase of Tri-Southern. The Village Attorney advised he had discussed the matter of negotiations with Howard Osterman and it was Osterman's opinion that Tri-Southern had appeared before the Village Council in good faith to commence negotiations and stand by their original discussion not to negotiate with any other entity while still negotiating with Tequesta. The Village Attorney stated the Village did . not have an exclusive right to negotiate with Tri-Southern at this time. Brown said he believed the Village Council felt that ENCON had abdicated their position to be the regional supplier of water and suggested that the Village could step aside for a minimal period of time so that ENCON and Tri-Southern could negotiate again and in the event the negotiations failed, ENCON would give its support to the Village for the establishment of a regional water system by the Village's purchase of Tri-Southern. Huggins said he would be leery of the possibility of delaying tactics in the negotiations. Peter Pimentel had suggested a period of thirty (30) days and the Village Attorney said it should be a period of sixty (60) days for the parties to reach an agreement and then it would be a question of how fast it could be accomplished. Mapes said if the Village backs out now he believes they would be out forever. John Giba questioned why the Village wants to acquire Tri- Southern, stating regionalization of water was only in the perview of ENCON and said the Village should write a letter to Tri-Southern stat- ing they are not interested in purchasing Tri-Southern. James Morrow, President, Tequesta Country Club Community Association, Inc. said he supported Giba's statements and warned of a possible increase of the price for acquiring Tri-Southern if ENCON and Tri-Southern cannot come to an agreement. 8-23-77 - 5 Brown asked what was the feeling of this Council. Mapes said ENCON should establish regionalization; Huggins said he prefers Tri-Southern to remaining in business and be regional water supplier and that no official vote of Council was ever taken on whether or not to be regional water supplier. He said ENCON could possibly negotiate a lower price. The Village Attorney read a draft of a proposed motion allow- ing negotiations between Tri-Southern and ENCON for sixty (60) days. Brown suggested the motion provide for ENCON to reduce both retail and bulk rates by some percentage. Giba said get out of picture now. The Village Attorney said the Village does not have to take any action and ENCON can negotiate without Tequesta's approval. The Village Attorney read the motion again. Brown said that the remaining member of the ENCON Negotiating Committee believes he can obtain an agreement between Tri-Southern and ENCON. Huggins said if the Village ceases negotiations with Tri-Southern, the Gee & Jenson study should be stopped and the Village could negotiate at a later date if they so desired. He said he does not anticipate competing with ENCON in this matter and would want to put ENCON into the best possible negotiating position. Brown said the information in the memorandum had been shown to both Bassett and Pimentel and they concurred. in its contents. Huggins moved, seconded by Ryan that the Village of Tequesta immediately terminate study of, and negotiations with Tri-Southern • Utilities Company, Inc. for the purchase of their facilities. The Village Attorney suggested adding language "indefinite period of time". Mapes moved to amend the motion by adding language "indefinite period of time". The motion died for lack of a second. The vote on the motion was: Huggins For Mapes For Ryan Against Brown Against and the motion therefore failed. The Village Attorney read a proposed motion again and suggested that the provisos could be left out of the motion. Mayor Brown turned the gavel over to Vice-Mayor Mapes and moved for adoption of the full motion. Huggins suggested eliminating the proviso. Village Attorney suggested writing a letter to Tri-Southern telling them to negotiate with ENCON. Brown moved, seconded by Huggins that the Village of Tequesta hold in abeyance any further considerations or negotiations toward the purchase of Tri-Southern Utilities to allow ENCON to negotiate for the purchase of Tri-Southern. The vote on the motion was: Brown For • Huggins For Ryan For Mapes For f ~' . / 8-23-77 - 6 ~ and the motion therefore passed. Huggins moved, seconded by Mapes that the Council direct Gee & Jenson to suspend, until further notice, work on the preliminary engineering report and feasibility of purchase of Tri-Southern and direct the Village Manager to notify by mail all interested parties to the previous motion. The vote on the motion was: Huggins For Mapes For Brown For Ryan For and the motion therefore passed. Mapes briefly reviewed recent ENCON meetings he had attended. Brown advised of a request for annexation. There being no further business, the meeting was adjourned at 10:00 P.M. Respectfully submitted, • RH:jf y~,o r ate a~nroved ~~~~~~~~-~ ~ _ --~ "~obert Harp Village Manager c: