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HomeMy WebLinkAboutMinutes_Regular_05/27/1975MINUTES OF THE MEETING OF THE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA MAY 27, 1975 The second Council Meeting for the month of May was held on Tuesday, May 27, 1975 at 7:30 P.M. in the Village Hall. Present were Little, Jones, Campbell and Baron. Taylor had advised he would not be in attendance. Also present were Robert Harp, Village Manager and John C. Randolph, Village Attorney. The meeting was opened with Prayer and the. Pledge of Allegiance to the Flag by Harp. The minutes of the April 22, 1975 Council Meeting; April 29, 1975 Special Council Meeting and May 13, 1975 Council Meeting were approved. Campbell moved "to accept the Village Manage is report from April 20 to May 24, 1975". The motion was adopted. Campbell moved "the financial statement for April 1975 be a~oproved as received". The motion was adopted. Campbell moved "the Water Department financial statement for April 1975 be approved as received". The motion was adopted. Campbell. asked if the legal fees shown in the Water Department statemont were mostly for the Broadview suit and. Harp advised he believed they were. Mrs. Eli Shay Mrs. Eli Shay spoke briefly to the meeting about Westwood Ave, how happy Mr. Shay had been in Tequesta and the general area. She said her six (6) lots had been appraised for $48,000,00 and that she has now completed arrangements for the transfer of the lots to the Palm Beach-Martin County Medical Center, Inc, She spoke of the work Mr. Shay had. done for the Village in reviewing various projects and thanked. the Council for having an opportunity to speak to them, Stacey Thomas Stacey Thomas, Director of the Community School Program in the Jupiter Schools, discussed the program since its start in February 1974, He advised that summer enrichment programs fund had. been cut out by the State but locally the gym would be open 48 hours a week; marine science classes would be held for about 29 days, 62 hours per day; 1/2 reading unit and 1/2 arts and crafts unit and provision for afull-time recreation director for West Jupiter area. There will probably be 40-50 adult courses starting in September. He advised the JTJC building did not offer the same times-each week for classes but courses could be offered in Tequesta at other suitable locations such as. churches, if such courses should be warranted. School buildings generally lend themselves to better use for a cotamonity school because of their various usable facilities. 53 5-27~-75. -2- A discussion was held~on a letter from Jupiter Inlet District asking the Village to°support them in having the old AlA bridge removed and a ne~- fishing, pier constructed. Baron advised the County Commission had made.arrangements to have a fishing catwalk constructed on the new bridge at a cost of $50,000.- to be paid for by the County. Baron moved that the Village write a letter of congratulations to the Board of County Commissioners of Palm Beach County for providing for the constr- uc~ion of a fishing catwalk on the new bridge, -The vote on the motion was: Baron - For Campbell - For Little - For Jones - For and was therefore adopted. SR 5 Traffic The Village Manager advised that a transportation Signal traffic signal maintenance agreement had been submitted to .the Village by the State Department of Transportation for the signals at SR 5 and Tequesta Drive when improvements are made to SR 5. The agreement generally provides for.the Village to assume the responsibility for maintenance and electrical power costs. The Village Attorney had not had an opportunity to review the agree- went and the item is to be put on the June 10, 1975 Council Meeting agenda. . Harp read a letter from Frederick W. Baldt, Chairman, Commissioners, Fire Control District No. 1, advising that Water Department Well Field No. 1 could nat be used as the site for a fire substation. Campbell said the Fire Chief and Mayor were to look at possible sites and make a priority list of sites to be worked. on. This is the first year the District has had money in its budget for construction of a substation, The Mayor said most sites looked at were not available or-not adequate for a substation. Campbell moved that the Village property ad3acent to the Village Hall on the east be used as the site for a fire substation. The motion did not receive a second and therefore died. Campbell said- - we should be constantly working on obtaining a site since funds of the District are budgeted for this purpose. W. B. Tatum said in his opinion Seabrook Road is the No, 1 location for a fire substation and an answer as to the availability of a piece of property on Seabrook Road should be known by the end of June 1975. Campbell said the Village will receive in excess of $13,000. Federal Revenue Sharing funds which could be used to purchase a site, Baron said he opposes a fire station on Village land east of the Village Hall and feels as prior Councils have that this land should be used for future expansion of the Villages facilities. He said he supports acquiring land for afire substation site. Council unanimously agreed to table further discussion until the discussion of Item No 18 on the Agenda. 54 5-27-75 -3- ,Fire Chief A. V. Baird discussed the role of the a Fire District in fire drill procedures for condominiums, He advised. the District is short of personnel and cannot contact people in the condominiums. Several years ago printed. instruc- tions were given to the residents,,in each condominium unit, The District would be glad to give fire drill procedure instructions if condominium groups could go to the fire hall for such instruc- tions. The District will attempt to attend meetings of condo- - minium groups, if invited, to further discuss fire procedures. .Campbell questioned the Chief on the height the District can go to. Campbell also advised of an ordinance from another area which provides for fire drill and other procedures for condominium$-and encouraged the Council to look into this. Baird said the District cannot go int© a condominium anymore than they can a single family residence. Little said he had talked to Assistant. Chief Morris about checking out fire hoses and interior sprinkler systems and the hoses are for one time use and. sprinkler systems are activated by heat at 160 degrees, Fire control is-the Districts responsibility in the Village and it is a matter of cooperation between the District and the Village, Campbell will obtain a copy of a sample ordinance providing for high rise fire safety regulations. Chief Baird invited all interested persons to visit the fire hall and find out more about the department and its equipment. Chief Dusenbery discussed the 4-1-1 emergency . telephone number which must be implemented by 1978. The plan provides for emergency police, fire and ambulance services to be obtained by dialing 9-1-1, He said he believes the exchange should be located in the northern part of the County for the 746 exchange area. It is estimated the County will have three or four telephone answering locations. Initial installation cost of each location is expected. to be approximately $100,000. .and annual operation and maintenance costs of $100,000. with the municipal- ities to share the costs. There will be federal funds available for the original installation, Chief Dusenbery suggested that the matter be turned over to the Council of Governments to develop a program for our area acceptable by the State. Mayor Little, Chairman of COG, said COG has already taken action to look at the program. Campbell asked if the geographical area of COG was generally the 746 exchange and was advised they were. The Chief said costs would probably be on a per capita basis. Campbell asked to be kept informed of COG~s activities, Chief Dusenbery said he believes COG is a workable area for 9-1-1, The Village Manager advised that the Community. Appearance Board had approved the proposed entrance gate at North Place and Country Club Drive subject to a landscaping plan being presented; that Chief Dua~enbery had observed the site for traffic safety and found it to be alright with adjustment of the 55 5-27-75 -4- "Stop" sign and "Stop" bar and ENCON had given its approval subject to receipt of "as built" location of electrical conduit. The Village Manager advised that the Tequesta Country Club Association had been advised an agreement would be necessary covering a 125/ bond; liability insurance; maintenance of the, structure and provision for removal of structure if necessary due to improvements to be made by $illage or any franchise holder providing service to Village residents. The agreement was not in hand at this- time. Baron moved that the Council approve the construction of the entrance gate subject to the Village receiving the proper agreement and Village Attorney's approval of same. The motion died for lack of a second. Mr. Howard Brown, President of the Tequesta Country Club Coauaunity Association, questioned the .need for a bond and said they would be willing to provide cash in .-the amount of 125% of the cost to construct in lieu of a bond and the Village Attorney agreed this would be satisfactory..- The Association will draw up the agree- . went. Baron was against using the Village Attorney for this purpose. The item is to be placed on the June 10, 1975 agenda. The next item for consideration was Tequesta Drive Improvements. Baron stated he had no question on the motion to proceed with the project.' He asked the Village Attorney if it had to be submitted to a referendum and the Attorney advised it did not. Baron read the following motion - " Assessment - I mov9e that all land owners on Tequesta Drive, Tequesta, Florida -.Blair House excluded - effected by plans and specifications for improve- ment to Tequesta Drive, Tequesta, Florida - between U.S. Highway One, West to Willow Drive - in accordance with functional studies and schematic drawing ~ 2269-004 Rev. - be assessed 50~ of .the cost of said road improvements, Assessment shall be levied against property owners - based proportionately on their frontage and pertinent to said improvements on Tequesta Drive, Tequesta, Florida. Councilman Peter Baron, 5/27/75". Jones seconded the motion. Jones asked if such assessments can be made. The Qiliage Attorney advised. they could even though monies for the project have been appropriated. Baron quoted from page 89 -Special Assessments - of a-book entitled "Real Estate for the New Practitioner" by Clayton C. Curtis. W. B. Tatum said he has -been interested. in the Tequesta Drive Improvement project since.. it started. He said he has reliable information that assessments for roads and drainage are legal. He asked the Village Attorne y if Chapter 167, Florida Statutes covered the situation. The Village Attorney said he did not have the Statute with him but believes assessments are legal. The Mayor read the motion. The vote on the motion was: Campbell - Against Baron - For Little •- Against Jones - For 56 5-27-75 -5- Little said he was not trying to help the businessman,-but that people from all other areas use Tequesta Drive, Baron said Village citizens would be willing to pap if business area paid their share. He said he excluded Blair House in his motion because they would lose part of their beautiful- lawn. He said the merchants caused the deterioration of Tequesta Drive because they did not give consideration to drainage from their, parking areas. Improvements to Tequesta Drive will jump business property values sky high, Tatum asked who is going to use the improved road, people going to business areas. Business properties should be made to pay a share of the drainage. The Council should give complete consid- eration of assessment of adjacent property owners. The next item for consideration was the final report of the Retirement Review Committee. George Webber, Chairman of the Committee, said the comments made at the last meeting have been made in the final report. The committee feels it has gone as far as it can go and. now turns: the project over to the Council. Baron said he thought there should be eight (8) holidays which 'would include those listed. and the afternoon before New Years Day, Baron asked if the plan had been discussed with the employees and was advised it had at two (2) separate meetings and individual meetings with employees covered under the existing retirement plan, Baron said he would approve with eight holidays including afternoon before New Years Day. Chief Dusenbery advised that Police Depart- . ment employees have been concerned :about the provisions for vacations with pay which would penalize them three (3) days a . year. Regular employees get eight (8) days vacation and Police. Department employees get only an -additional week's vacation.- Mr, Webber suggested that the program as presented be accepted since this item could be changed by action of the Village Council at a later date, The Chief said the Police Department employees should be treated. the same as all other employees. Baron said he assumed the Police Department were regular employees. The Chief said. all Police Department personnel get three week vacations because of holidays worked on their regular schedule. Baron moved that the report be accepted subject to being amended to include eight (8) paid holidays with afternoon before New Years Day added and Police Department personnel to receive the same eight (8) holidays as additional vacation pay. The vote on the motion was: Campbell - For Baron - For Little - For Jones - For The motion therefore passed. Mayor Little thanked the committee for their fine work and asked the Village Manager to acknowledge this by letter to each committee member. 57 5-27-75 -6- The Village Manager gave first reading to an ordinance providing for the Villages membership in the Florida Retirement System, Campbell moved that the first reading of the ordinance be approved., The vote on the motion was: Jones - For Little - For Baron - For Campbell - For and the motion therefore passed. The next item.for discussion was a proposed franchise from Martin Gountp`to the Village of Tequesta, for water service. W. B. Tatum asked. if it was going to be voted on tonight and the Mayor said no since final draft has not been made. The item was tabled until the arrival of Roger W. Fulling, Water Committee Chairman. Agenda item 18 and 10 were considered together. The Village has been advised they will receive the sum of $13,277.00 in Federal Revenue Sharing funds for the Sixth Entitlement Period, July 1, 1975 to June 30, 1976. Campbell moved that the Federal. Revenue Sharing Funds in the amount of $13,277.00 for the Sixth Entitlement Period be used for the acquisition of land fora fire substation site in the Village of Tequesta. She said she believed this to be a priority expense at this time. The question of the possibility of having excess funds in the event a site should be donated. or cost less than the funds allocated., was discussed. Campbell and the seconder withdrew the motion. Campbell moved .that the Federal Revenue Sharing Funds in the amount of $13,277.00 for the Sixth Entitle- ment Period be allocated to Category 1, Public Safety, for the acquisition of afire substation site in the Village of Tequesta and./or capital expenditures for other public safety items. The vote on the motion was: Campbell - For Jones - For Baron - For Little - For and the motion was approved. Jones asked the Village Recreation Director to discuss the Summer Recreation Program and the proposed bicycle path for Country Club Drive. There will probably not be any matching funds available from Palm Beach Cbuntp for bicycle path construction. The Recreation Advisory Board recommended that it be included in the 1975/76 budget and to be located on the west side of Country Club Drive. The path is proposed as six feet (6~) • wide at an estimated cost of $25,000.00 from Tequesta Drive to the County line. He reported that the application has been made for Bicentennial"funds for the sports complex in Tequesta Park. 58 5-27-75 -7- Harp advised that two resumes had been received for possible appointment to the Community Appearance Board and the Chairman of the Board had. recommended that the Council consider the appointment of Ruth E, Butterfield and J. Harvey Hartman. Campbell moved that Ruth E. Butterfield and J. Harvey Hartman be appointed to the Community Appearance Board for terms to expire May 31, 1978. The vote on the motion was: Campbell - For Baron - Fora Little - Far Jones - For Baron asked about possible nepotism, but was. advised-this, only related to employees. The motion was therefore adopted. The Village Manager was authorized upon motion by Campbell and unanimously passed to prepare a resolution to support the Status acquisition of lands in the headwaters of the Loxahatchee River pursuant,'to the Endangered Lands Act. The Village Manager advised that the Financial Consultants had been in contact with the local office of the Farmers Home Administration in regard to funding for water treatment plant construction and water system improvements. They were advised the Village. could probably meet the eligibil- . ity requirements but how many dollars might be available is not known. Campbell moved that the Villages Financial Consultants, William R. Hough ~ Co. be authorized to proceed with applications for Farmers Home Administration Funds. for financing water treatment plant construction and system improvements. The vote on the motion was: Baron - For Campbell - For Jones - For Little - For and the motion was therefore passed, Baron moved that the Village Manager be authorized to obtain bids for fencing in the area where the new water filters are located as a security measure. A question arose as to the Villages five foot (5') high maximum fence height. The vote on the motion was: Little - For Baron For Campbell - For Jones - For and the motion was therefore passed. 59 5-27-75 -8- • Jones moved that the Village Manager be authorized to sign an agreement with Blue Cross-Blue`Shield to change the existing plan from a Franchise Group to a True Group, Vote on the motion was: Little - For Jones For Campbell - For Baron - For and the motion was therefore passed. Campbell moved that~the plane for the proposed water treatment plant be submitted to the Loxahatchee River Environmental Control District for°a permit. The vote on the motion was: Campbell - For Jones - For Baron - For Little - For and the motion therefore passed. The Village Manager reported on the delay in the U.S. Coast Guard Washington office to issue a permit for construction of the Kandell Bridge, He advised that he has obtained the support of the offices of Bafalis, Rogers and Chiles and they report the permit should be issued within the . next several weeks. Mosquito fogging is awaiting approval of slide of material which was taken several weeks ago. The Council was advised that ~T will hold a public meeting on a relocation study for the Florida East Coast Railroad Corridor at 7:30 P.M., Tuesday, June 3, 1975 in the County Court House in West Palm Beach, Reply will be made to the County Engineers recent letter in regard to the County's Capital Outlay Program for 1975/76 fiscal year. The Council returned to item 17 on the agenda with the arrival of the Water Committee Chairman, Roger W. Fulling. W, B. Tatum asked for a copy. of the proposed franchise. Fulling advised that he was at the meeting not as an individual but as the Water Committee Chairman, He said the Committees function and objective is to review problems and recommend immediate, short and long range programs for improvements to the water supply and distribution system to Tequesta water customers at equitable costs. He named the members of the committee and others who served the committee in an advisory capacity. He reminded that the committee is not .statutory and has no decision making or administrative powers and can only advise and recommend to Village Council, Fulling read the Village Manager's May 27, 1975 memo- randum to the Water Committee and Village Council, advising that 60 -9- 5_27-75 • the Water Department Consulting Engineers ,and Water Department Superintendent recommend that the-water use restrictions be relaxed to permit lawn sprinkling-one (1) day per week as per the prior schedule: Tuesdays only, west of the Loxahatchee River, Thursdays only, east of the Loxahatchee River and the Water Committee recommends this schedule to the Village Council. Campbell moved that the recomrmrnded one (1) day per week lawn sprinkling schedule on Tuesdays and Thursdays only be approved. The vote on the motion was: Campbell - For Baron - For Little - For Jones - For and the motion was therefore passed. Fulling advised that at the Water Committee meeting. held April 29, 1975, he made a motion, after relinquishing the chair, which was unanimously passed, that the Committee recommend to Council to consider entering into a franchise agreement with Martin County to provide that area with water service, Subsequently a meeting of the Water Conanittee, Councilmembers, Village Attorney and Martin County representatives was held on Map 20, 1975 in the Village Hall at which a draft of a proposed franchise eras reviewed. and various changes agreed upon. The second draft of the proposed . franchise was reviewed today by the Water Committee and a represent- ative of Martin County. Several-minor changes were made and some legal language was to be resolved by the Villag® and Martin County attorneys. A legal description of the franchise area is to be prepared by the Village Manager, Village Attorney and represent- ative of Martin County. Fulling said it was not the intent of the Cotnnittee to extend the water system area of jurisdiction beyond the area now being served in Martin County. It was .the unanimous consent of the Water Committee to prepare a second revised draft with some areas to be rewritten in legal language agreeable to both attorneys and the area to be served spelled out, and to present this to the Village Council for consideration. Baron said he has been under the impression that the surcharge to Martin County is illegal based upon the decision in a prior case, but he has not been successful in getting a copy of the case. He referred to Chapter 180,191, Florida ,Statutes, which says the municipality may charge a surtax. The Village Attorney said he had a copy of the Statute and the Council had dealt with this matter in the pasta He said it is his opinion the Villages surcharge is legal and .would stand a good. chance of prevailing in a count of law.- He referred to the .decision of the 15th Judicial Circuit in-the Palm Springs case which decided their surcharge was not reasonable and. was discriminatory, It was his • 61 5-27-75 -14- opinion Chapter 180.191, Florida Statutes, would allow the Village . to charge a 25~ surcharge in Martin County. He also stated other attorneys have other opinions of the law. Baron asked about how much revenues had been derived from surcharges. The Village Manager read from his May 13, 1975 memorandum in this regard. which indicated surcharge from all areas since October 1, 1968 to April 30, 1975 amounted to $135,262.10, which was 7,15 of total water sales revenues for the same period. The surcharge collected from Martin County for this period amounted to $41,375.92. Baron asked the cost of the five (5) wells in Tequesta Park and Harp advised approximately $300,000, Baron said the Village has been told it will cost about $300,000, for relocation of water mains in SR 5 (U,S, Highway No. 1) and Harp verified this amount, Baron said. he was against a franchise with Martin County. Jones asked about the revision in the insurance and bonding company ratings and was advised they had been revised but the requirement could easily be met by the Villages insurance carrier, She asked if the elimination of the surcharge could be used. in other areas. She suggested modification of existing franchises to be beneficial to the community. She asked if the committee had considered a declining surcharge rate in-the franchise. Fulling said there was much for the Village to gain by having a f ranchise with Martin County, Jones asked why we needed one now after all these years without one in Martin County, Fulling said the Committee is working with other sources of water ,supply including treatment for some existing water salinity. He . apprised the Council of a very interesting and informative meeting he had with Mr. Larry Land and Mr. VanLear of the United States Geological Survey, Water Resources Division recently. Fulling spoke of .the existing water situation stating facts. Pumping rates are up; rainfall is down; water table levels are down; salinity on a definite trend up; population curves now and projected are up, There is a deficiency in raw water supply with follow-on treatment problems increasing which brings about water shortage and increased cost to consumers for capital expenditures to obtain and treat water for additional distribution, He said there is a real need now for water management programs to provide current and future water requirements, His proposed program is (1) obtain public support for a w~p~~r program to provide adequate and healthful water to the communities of Tequesta, Jupiter, Jupiter Inlet Colony, Part of Palm Beach County and the described area of South Martin County (2) obtain the support of public consumers and governmental bodies to obtain authorized funds. and lending programs for capitalization and operation of water system on area basis (3) select and agree upon an agency to provide water system for area, i,e, Village of Tequesta, Tri-Southern, ENCON or any other qualified bode (4) prepare a short term three (3) to five (5) year and long term five (5) to ten (10) year and perhaps longer, program for-raw water, treatment and distribution systems, using the expertise of technicals, hydrologists, geologists, biologists, water chemists with all the programs to be under the 62 5-27--75 -11- jurisdiction of an agency as discussed in item No. 3. Many dollars are necessary to provide additional water supplies. The short term program for Tequesta includes (1) the completion of all five (5) wells in Tequesta Park,(2) endeavors to reactivate present wells out of service due to high salinity content,. He said he does not get much support for this proposal, (3) obtain approval of Village Council of a franchise for Martin County, (4) obtain, with Martin County's. assistance, permits for immediate drilling of additional wells in Jonathan Dickinson State Park, (5) designate the water agency for the Tequesta area, (6) start obtaining permits, etc. for raw water supplies west of Tequesta in C-18 area and Turnpike area and to start construction of the lime treatment water plant. Fulling said the franchise in Martin County is important to Tequesta, Martin County does not have a gun at the Villages head. in this matter and it was his motion in the Water Committee meeting for the Council to consider entering into the franchise, We are facing a lack of water and if we want water we will have to pay for it. Village water rates are not as high as those in other communities. It is also possible to manufacture water, like is done in Key West. He estimated the five (5) new wells would carry the Villages water system through next year whereas a major agency would be three (3) to five (5) years away from supplying water. The existing work is on an interim basis and Jonathan Dickinson State Park is a possible water supply source . and is in Martin County, We should get the ,Board of County Commissioners on our side to help us in obtaining new and addi- tional water supplies. He said he was after water and not dollars. He asked the Council to review and consider the franchise proposal in considerable depth, The, proposed franchise would eliminate the entire surcharge at once, but also provides that Martin County will assist the Village .n obtaining additional- water. He said Martin County is suing the Village over the surcharge but the Village Attorney corrected his statement to show that a suit has not been filed,. but is being considered by Martin County. Campbell said she has in the past been concerned about the outside areas using Village facilities, etc,, btxt since water supplies are available to the north in Jonathan Dickinson State Park in Martin County and Tequesta Park is in Martin, County she feels that we must take a realistic and selfish look at resolving this problem for the Village. She said the committee is not discussing expansion of the present area of water:service. She also said the franchise would provide for enforcement of Village water use restrictions when necessary. Fulling said some wells in Jonathan Dickinson State-Park would take care of the water system customers for the next three. (3) to five (5) years. 63 5_27_75 -12- Fulling spoke of various engineering studies and proposals which the Water.Degartment Consulting Engineers are presently reviewing and should be reported on to the Village Council within the next two (2) months. They are (1) ENCON, (2) Tri-Southern, (3) Village of Tequesta alone and (4) Water Management Group (de-salinization), The water shortage in this area of Florida is expected to get worse and shallow wells are not the solution over the.long term. W. B. Tatum said he was opposed to a reduction in surcharge to areas outside of the Village and called attention to the section of Ordinance. No, 134 in which the Village covenants that the water rates for areas outside the Village will not be less than 125 of the Village rates. He asked the Village Attorney if we area public service commission and the Attorney replied,'No. Tatum said that in his opinion the Colony and Jupiter-rates were not legal and the Village Attorney confirmed his comment that the courts interpret the intent of the Iaw. Tatum questioned why we are looking for more customers. Little said we are not looking for customers, but looking for more water, He said the Village could be in trouble if Martin County decided to oppose the Village's trying to obtain new water supplies. He feels we should work cooperatively to obtain more water, He recalled the many millions of gallons per day of water available in Jonathan Dickinson State Park according to Larry Land, Little asked Tatum if he believed the Village should take a hard-nosed stand and refuse to cooperate with other areas. Tatum said there is going to be a central water system and Little reminded it would be central control of water supplies and not a central system, Little said he is very uneasy about the entire water situation. Tatum asked if there was a projected water usage ,for Martin County area. and it was suggested Larry Land might have this information,, Jones said we do not have to go to Martin County Commission for approval to obtain water in Jonathan Dickinson State Park. Campbell said we might have to give an inch to get two inches to come up with additional water, Baron advised that he had campaigned the past several years on the basis that water supply is handled in the wrong manner, He said. the future water supply was not from Lake Okeechobee and that water was available from the north out of the State, He said he wont accept that Martin County won't cooperate with the Village unless a franchise agreement is reached. Re stated he believes they saw the Palm Springs. case and saw a good way to get away from-the 25~ surcharge., He spoke about the assignability of the franchise when it is for thirty (30) 3*ears and. the debt on the existing system will be retired in 1998. He said if the agreement is signed the people should have the right~to decide if they want to get rid of the. water plant. Under the agreement the terms of the debt and franchise should go hand-in-hand, He said it would be a mistake to make 54 5-27-75 -13- the agreement. He referred to the minutes of the December 10, 1974 meeting in which Mr. Harry Rodis, U.S. Geological Survey, Water Resources Division,. said new wells should be located to the west, A lowering of .rates ~-ould cause the Water Department to lose thousands of dollars, He said we don't need approval of Martin County to drill wells in Tequesta Park. We should go west for water, Dropping of the surcharge does not give us any more water, He said it is not fair for another County to. pay the same rates as the Village of Tequesta. He said he feels the labor of Village pers~onmel~on-water service should be rewarded, He said that if Martin County says th+e surcharge is unfair:, we haven't been offered a franchise. He said Martin County signed agreement for water service willingly. He said he is not in favor of removing the surcharge for Martin County and the terms of the franchise should be negotiated. The meeting was adjourned at-10:53 P.M. Respectfully submitted, o rt Hv~~. rA RH: jf ~~ 65 ASSESS1~El~T I ffiflVE THAT .ALL I1A.ND C'~VNERS ON TEQUESTA DRIVE, TEQIIESTA, FLflRI~A - ~I-AIR HOUSE EYGLUDE~ -effected b~ plans e~.d specificat~.o~s for improvement to Tequesta i.ve, Tequesta, Florida - be't`ween. II..S«Highway ONE, west to billow wive- . in accordance with f~.ctional studies and schena~tic drawing ~ - 2269-A0~. Rev. - be assessed 549 ©~' the cost of said Road improvements. Assessment sha11 be levied against the property owners - based proportionately on their frontage anal pertinent t© said improvements ors Tequesta Dri~'e, Tequesta, Florida. C OUNOI LEAN PETER BAR4A ~/2?/~~ [, v L ~ ~ 0 d ~ G~ J, O 0 ~~ Y ~.6 v ~culabe~~the ~~on the aforementioned homestead which was at. X20,000, we fiiat subtract the $5,000 homestead .exemption to 'S15,OOt?'of ,taxable value.""~ These 15 thousands are to be taxes at ~.`A tl~usand so the taxes would be 15 X $20. or $300. Were the pro- '~ not lmmesteaded, the, taxable -value would be $20,000 and the oe~-,,[..would be 20: X $~. nr in addition to the -city taxes, the yperty owner will also have to pay county taxes but the determination the tax rate and the procedure will be the same as that outlined #or 3 dty: ~'~~,:< c{aI Assess~rnents In addition to the regular property taxes which have been described above, there is another category of property taxes know- n asCial ~_~ aasessznents. These are taxes which ar 'ed to finance specific im- eats such as roa paving, new sewer lines, si ewa , ete~. The " 1ogiEbefi~n requuzng a property owner o p -- a costs of these improvements is that they supposedly result in an increase in . the value o€ his property. If they clearly in no way do, then the courts may not sustain the city's- right to levy such assessments against the . owners.- -Thus if a major boulevard used by most of the citizens of the dty daily is to be widened, it would probably not be possible for. the city to specially assess the abutting property owners. ,Since most cities do not have excess funds for such things. as paving in any great quantities, they may typically require that over half of the abutting owners request that the road be paved. While the city can go ahead and pave the street and specially assess the owners without the owners or half or more of the owners' approval, most often they will not. The assessment is usually based on the cost of the improvement and the city may pay, let us say, 25 percent of the costs and require the abut- ting owners to pay the remaining 75 percent. The assessment is us- w_ -_.. ~ . ~ e ually levied on the basis of the frontage the property owner has on the improvement. Let us suppose for ~xampie, that~+ou have property with - .100 feet of frontage on a road and that the costs of paving runs at about X8.00 a front foot for each side of the street. The city may elect to pay 25 percent of this, or $2.00- per foot and assess the property owner at 75 percent of the costs or $6.00. a foot. Thus, the property ,owner _ with 100 front feet would have his specially assessed far $600. Usually, the city will allow the owner to pay this off over, let us say,. a five year period at a low rate of interest. Special assessments, like regular property taxes constitute a lien an the property. Failure to pay the assessment, just- as failure to pay the re- 89 n