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HomeMy WebLinkAboutDocumentation_Regular_Tab 5D_11/30/1989 i . VILLAGE OF TEQUESTA t' ` ;:jr. Post Office Box 3273 •• 357 Tequesta Drive - �� Tequesta, Florida 33469-0273 • (407) 575-6200 � '1 04 ° FAX: (407) 575-6203 C, •• VILLAGE O F TEQUESTA VILLAGE COUNCIL MEETING MINUTES NOVEMBER 9 , 1 9 8 9 I . The Tequesta Village Council held a regularly scheduled meeting at the Village Hall , 357 TeT.:esta Drive , Tequesta, Florida, on Thursday, November 9 , 1989 . The meeting was called to order at 5 : 30 P. M. by Mayor Joseph N . Capretta. A roll call was taken by the Recording Secretary. Councilmembers present were : Vice-Mayor Edward C . Howell , William E . Burckart , Ron T. Mackail , and Earl L. Collings . Village Officials present were : Thomas G . Bradford, Village Manager ; Wendy K. Harrison , Administrative Assistant to the Village Manager ; John C . Randolphh, Esquire, Village Attorney; Bill C . Kascavelis , Finance Director , and Department Heads . II . INVOCATION AND PLEDGE OF ALLEGIANCE 1 Mayor Joseph N . Capretta gave the Invocation and led those in attendance to the Pledge of Allegiance to the American Flag . III . APPROVAL OF THE AGENDA Councilmember ;Collings asked to add comments about COG under VIII . Any Other Matters . Mayor Capretta stated he had several items to be brought up under Any Other Matters : 1 ) Village Council meeting zimes to be 9 : 00 a.m. or 5 : 30 p.m. ; 2 ) An update on the status of the Tequesta Drive project ; 3 ) An update on the status of the Consultant's Report which is due , regarding Public Safety; 4 ) Inform the Council of a meeting between Mayor Capretta and Fire Chief Brice, of Palm Beach County. Village Council Meeting Minutes • November 9 , 1989 Page 2 • IV. CONSENT AGENDA All items appearing with an asterisk ( * ) on the Agenda were considered roi.itine and were enacted by one motion . Councilmember Collings moved to approve the Consent Agenda . Councilmember Rurckart. seconded the motion . The vote on the motion was : Joseph N . Caprett.a - for William E . Burdkart - for Ron T. Mackail ! - for Edward C . Howell - for Earl L . Collings - for the motion was therefore passed. and the Consent Agenda was approved as submitted. Village Manager Bradford asked Attorney Randolph a question regarding Consent Agendas : Is it acceptable to place Ordinances and Resolutions on the Consent Agenda? Attorney Randolph responded that each have t.o be read by title . That reading could not be avoided . Normally, items on a Consent Agenda require no action . Therefore , it was Attorney Randolph ' s feeling that since both an Ordinance and Resolution have t.o be read by title , they should be separately listed items . VI . COMMUNICATIONS FROM CITIZENS There were no communications from citizens . 1 VII . DEVELOPMENT MATTERS A) Consideration of a Site Plan for a Satellite Dish ; C.R. McDonald; 1 Yacht Club Place . Scott Ladd announced that the individual to represent this matter was not able to arrive before 6 : 00 p.m . In the interim, the next items on the Agenda were taken in their order . • Village Council Meeting Minutes November 9 , 1989 Page 3 VIII . NEW BUSINESS A) Discussion of Cypress Drive Drainage Project as Proposed. Wendy Harrison used overhead displays to demonstrate the Cypress Drive Drainage Project . Village Manager Bradford recapped ; the history of the project : In 1983 the FEC railroad and Rinker Materials initiated a discussion with Tequesta, Palm Beach County, and the Town of Jupiter , to address ;the drainage problem at Rinker and the FEC road bed . Basically the problem was , and is , the drainage pipe for which Palm Beach County was given approval , underneath the roadbed ;of the railroad . The pipe is located in Tequesta, just west of the Rinker property. Subsequent to this , Tequesta received permission around 1978 to tie . in Tequesta drainage to the County' s drainage pipe . Ultimately, Rinker and the ' railroad complained - the railroad because they say they never gave anyone approval to add to that pipe - Rinker ' s concern is that their property always floods . In 1983 everyone was formally approached to address those basic problems . In 1987 , after much discussion and inaction, Tequesta, Palm Beach County and Jupiter entered into an Interlocal Agreement to fund the project conceptual design and permitting that was approximately $10 , 000 . From 1987 to 1989 , while the project was being designed, the South Florida Water Management District permit had to be procured, which has now 'been granted . Now, the County has sent forth the new Interlocal Agreement for preliminary land acquisition ( survey work to ascertain the extent that the right-of-way is needed) which has been approved by Jupiter but not. Tequesta, or Palm Beach County. In 1983 the project was estimated to be far less than today' s price which could be between 1 . 4 and 1 . 8M dollars . The Interlocal Agreement would require Tequesta to cover 55% of preliminary land acquisition costs . The remaining phases are that at some point in time an Agreement will have to struck, whereby the right-of-way can be purchased by whatever entities , and there will have to be an Interlocal Agreement relative to . construction , and lastly, who will maintain that which gets built . • Village Council Meeting Minutes • November 9 , 1989 Page 4 The project basically consists of building appropriate drainage structures to divert that water to the FEC right-of- way that .would be purchased, on the west side of the tracks , for retention purposes . It will then go up either Riverside Drive or straight down the right-of-way to the River for the excess tq be discharged there . COUNCILMEMBER COLLINGS : How far from the track is this proposed right-of-way. WENDY HARRISON : Approximately 50 feet . COLLINGS :; What was the name of the engineering study which shows that all of this land runs off into that drainage pipe? HARRISON : The Hutcheon Engineers Design Study that was funded via the 1987 Agreement . COLLINGS : Presuming the Study is correct in its findings , • who is disadvantaged by the drainage? HARRISON:: Under existing conditions , private property owners and the public . VILLAGE MANAGER BRADFORD : Rinker , the railroad. . . The railroad ; feels that the drainage actually affects their roadbed. : COUNCILMEMBER. BURCKART : If FEC is being hurt so badly by this drainage , yet they want all this money for the right-of- way, let them donate it , then we will put the project together. BRADFORD: This is exactly why this is being brought before you, because Palm Beach County and Jupiter don' t necessarily have that feeling about it. Consider Cypress Drive -- when that floods , traffic cannot pass - that' s Jupiter, not Tequesta. However , Tequesta does impact that drainage . COLLINGS : . By how much - what percentage comes from Tequesta? My judgement is that the bulk of it comes running right. down Cypress Drive from Jupiter property. HARRISON : Over half comes from Tequesta . • Village Council Meeting Minutes November 9 , 1989 • Page 5 • • • MAYOR CAPRETTA: Who wants it done most - Jupiter, Rinker, the railroad? I 'm not fond of any of those entities . BRADFORD : That ' s exactly why this issue is before you - it ' s an expensive project. MAYOR CAPRETTA : If the railroad, and the County, and Jupiter, and Rinker will get together and do that whole project,, pay for all of it , including the land acquisition , I will discuss Tequesta maintaining it . ATTORNEY RANDOLPH : What happens when they say that Tequesta has to disconnect, their pipe that goes under the railroad? The only reason I bring that up is that I remember the discussions back in 1983 . The same questions were asked back then . • COLLINGS : That pipe is almost exactly on the borderline , right? • HARRISON : Yes . That ' s the 24" pipe that hooks into someone else' s pipe . COLLINGS : Which way is that pipe discharging - east or west? HARRISON': West. • MAYOR CAPRETTA: Just pull the plug - cut the pipe off. If they think we ' re going to spend over a million dollars on a project like that with all the people who benefit paying practically nothing , forget it . COLLINGS : If we just say "no" what will happen besides getting our hands slapped? BRADFORD: The railroad once threatened to close the Tequesta Drive crossing , since we don ' t own it - we have a license for it. MAYOR CAPRETTA: Let them close it . BRADFORD : Rinker ' s office , at their plant , are located in Tequesta. They flood from time to time . Village Council Meeting Minutes November 9 , 1989 Page 6 MAYOR CAPRETTA: Who does Rinker pay taxes to? BRADFORD: Jupiter and Tequesta . MAYOR CAPRETTA: How much? BRADFORD: Not, much . • COLLINGS : We could give that land to the County or to Jupiter. ' BRADFORD: If you are going to go in that direction , you ought to be prepared to deal with verifiable runoff that. runs . down that slope in a fashion that does not involve the Village ;with this whole setup. We do have some options : one is to divert all drainage to the Dover Ditch . COLLINGS : Where is the Dover Ditch? HARRISON:: It. ' s at the end of Pineview running west and it discharges to the Losahatchee where it intersects with Riverside Drive . Tequesta maintains that Ditch . MAYOR CAPRETTA: What this project boils down to is : the people iiho want it , and own the land, want to charge the Village a million dollars for useless land so that the Village 'can build a project that benefits them and re- evaluates their useless land to be worth more . BRADFORD:; If I prove to you that the Village has a drainage situation that needs to be dealt with , would you then agree that we should come up with a way to do that independently? MAYOR CAPRETTA: Yes . The other alternative is to go to the people who are interested in the Cypress Drive project and see' if they' re willing to pay for it. If you can come back with a proposal where the Village ' s share is -3% or 5% or 10%, we may reconsider . But not the way it stands presently. BRADFORD :, We can show you from an engineering perspective that Village water is flowing to that low spot. COLLINGS : When did it not flow to that low spot? ATTORNEY : Just prior to the Village putting in that. pipe . Village Council Meeting Minutes November 9 , 1989 Page 7 i COLLINGS!,: It ' s that pipe that causing the problem? ATTORNEY!: That ' s my understanding . MAYOR CAPRETTA/COLLINGS : Take it out . BRADFORD: We got brought into this when Tequesta. widened Tequesta' Drive from Old Dixie , east , in 1977 and put in drainage'; for the first. time . That drainage had to be diverted; down Old Dixie to Rinkers , then makes a western turn. under the railroad . There is no additional capactiy in the DOT drainage system . Tt even overflows and builds up at. the U . S . #1 ; and CR-707 intersection . So they wouldn ' t allow anyone t.o tie in . Before that widening of Tequesta Drive, there was natural runoff that would come from Tequesta that would naturally sheet or flow downhill towards that low point, but what, made it worse was that when there needed to be a drainage system, we had to tie into something to get rid of the runoff . That ' s probably why our part of the proposed project is so much greater. The other problem is Lighthouse Plaza, Tequesta Plaza and Alex Webster ' s - their runoff just rolls into the street and Tequesta , has taken care of it. But , since that time , South Florida. iWater Management District have had the requirements for on-site retention, so each is responsible for his own probl.em . l So , they contributed to a greater amount of runoff on the road right-of-way than would have occurred if they had on-site ! retention . Therefore , those acreages in that runoff gets included in this whole picture for Tequesta , and that is why the issue of special assessment came up. MAYOR CAPRETTA : We 'd better find another way around, and devote the monies to that project . BURCKART: Why doesn ' t Tequesta do their own special assessment drainage district and- solve our own problem by going out the Dover Ditch and let the properties that are causing the problem pay for it . BRADFORD : That ' s one approach . We can show you we have some - water that needs to be taken care of . MACKAIL : If we took the special assessment route , does that mean we ' would have to specially assess the area - it doesn ' t apply throughout the Village? • ~ I Village Council Meeting Minutes November 9 , 1989 Page 8 • ATTORNEY: Right . If you decide to go special assessment for this project. , it doesn ' t necessarily cause a precedent of the way you have to go in the future . i BRADFORD': Our budget all along has been based on special assessment . The taxpayers would only have to pay for that portion that can be shown that would have a clear benefit to the taxpayers . MAYOR CAPRETTA: Obviously Council does not agree with this project as it is now structured , primarily because of the excessive cost by the railroad trying to get rich on it . Therefore , that alternative is out . We need to look for an alternative way to handle the issue . As far as financling , that ' s another issue, but first of all the drainage problem must be solved. VII . A) Consideration of a Site Plan for a Satellite Dish ; C.R. McDonald', 1 Yacht Club Place . Ms . Michelle Sudbury represented C.R. McDonald . Ms . Sudbury explained she had procured consenting signatures of neighbors within a 300 foot radius . Councilmember Burckart moved to approve the site plan for., the Satellite dish . Councilmember Collings seconded the motion . The vote on the motion was : Joseph N'. Capretta - for William E . Burckart - for Ron T. Mackail - for Edward C. Howell - for Earl L. Collings - for • the motion was therefore passed and adopted. Village Council Meeting Minutes November 9 , 1989 Page 9 IX. UNFINISHED BUSINESS A) Ordinance' No . 393 - Second Reading - Prohibiting the Removal of Recyclable Materials by Persons Other Than Those Authorized by the Village of Tequesta to Remove and Collect the Same . Attorney Randolph read Ordinance No . 393 by Title . Councilmember Mackail moved. to approve the second. reading of Ordinance No . 393 . Councilmember Collings seconded t'.hat motion . The vote on the motion was : Joseph N.' Capretta - for William E. Burckart - for • Ron T. Mackail - for Edward C. Howell - for • Earl. L. Collings - for the motion was therefore passed and adopted. X. ANY OTHER MATTERS A) Councilmember Collings gave an update of the latest COG meeting : Water Resource Management Plan on the McArthur property, which envisions three reservoirs , is supported by COG. It was requested that the technical group study the plan and' make a firm recommendation to all municipalities in order to receive their endorsement, after which the plan will proceed. The plan will take one year permitting, andItwo years in construction. The plan will have a minimum impact on Tequesta for resupplying the aquifer . Mr . Collings urged Tequesta to endorse the plan . Councilmember Collings reported he had talked with Mr . Dent , of Encon, for more definition on the connection of the sewers and learned there are three circumstances for. connection : , 1 ) those homes where the sewer already exists , if they want to connect to the sewer from a septic tank, before the paving of Country Club Drive , the price will be one set price , whether one household does it , or whether ten do it ; 2 ) those along Tequesta Drive , where the pipes were put in 10-12 years ago have not been connected to the main drainage . Encon is not • • Village Council Meeting Minutes November 9 , 1989 Page 10 sure those pipes are right . Four to six months fare borderline , but. that ' s the .major concern the Village should have since that causes the most construction on Country Club Drive . If, for example , half of the residents there would sign up, that would place Encon on a high priority planning and Encon could probably accomplish it within six months ; and 3 ) those whose sewer pipes have not been installed . This • would take longer than six months . Mayor Capret.t.a asked. the Village .attorney if it would be legal to make it mandatory that everyone on Country Club Drive connect their sewers in a given time period. Attorney Randolph responded it would be legal as long as it was . within a reasonable period of time . That would be a legitimate public interest . Tom Hall stated one more agency needed to be involved with this project, 'land that is the Palm Beach County Health Department . Replacing of septic tanks has to be approved by that agency, but Eocon should be the lead agency. Mayor Capretta stated the ideal process would be to explain to the public involved why it is better to hook into the sewer than have a septic tank ; and eventually they will have to replace their septic tank and therefore economically it is much more practical than they perhaps would think and give them the numbers . Start a sales/education program . If 50% agreed voluntarily, it would probably be easy to make it mandatory for everyone to hook on . However , Encon is not willing to lead the way on this . They are willing to send out a letter, but that' s all . B ) Councilmember Collings stated a public hearing is due again on Central Boulevard and Loop Road . Martin County seems to have made some progress on the connector road . Landowners seem to be willing to trade a 90 foot right-of-way for the use of the connector road in exchange for other property in the park that the County will give . That is close to corning to fruition . The Girl Scout Camp is still a major hangup . C ) Councilmember Collings reported COG will develop a series of pamphlets to enhance the quality of life vis-a-vis ithe Jupiter Inlet and L,oxaha.t.chee which are convincing a number of different audiences of the necessity and value of protecting all that water property environmentally as far as Manatees , grasses . The first pamphlet will address specifically boaters for an environmentally safe boating operation . • • • Village Council Meeting Minutes .. • November 9 , 1989 Page 11 • D) Mayor Capretta asked the Council which • meeting time they preferred for Village Council meetings - 9 : 00 A .M . or 5 : 30 P.M. He stated the Council voted some time ago to make their regular . meeting time 9 : 00 A .M. and 5 : 30 P.M. when there was subject matter that required them by State Law to meet. Councilmember Collings and Vice-Mayor Howell preferred 5 : 30 P.M. Mayor Capretta and. Councilmembers Mackai1 and Burckart • preferred 9 : 00 A .M. Village Manager Bradford stated he . prefer. rd. 5 : 01 P .M. He explained how 5 : 30 P .M. came aljout . It was a. verbal agreement to try the 5 : 30 hour ; during the summer (many of the meetings had to be scheduled for 5 : 30 ; and many stated they liked that hour so they continued to me at 5 : 30 . The majority agreed to meet at. 9 : 00 A.M. • • E) Mayor Capretta asked for a status update of the Tequesta Drive project. Wendy Harrison stated the paving would be finished! tomorrow (Friday, November 10 ) and Tequesta Drive would be reopened on that day between 12 : 00 and 2 : 00 P.M. Construction on the south side of Tequesta Drive would continue through December . F) Mayor Capretta asked Village Manager Bradford to gixe an update of the Consultant ' s Report and status of Phase I of the Public Safety Program. Mr. Bradford explained the Consultant now wanted to meet with the Village Council individually to apprise them of the findings of the study, as well as one more meeting regarding the issue of emergency medical services . G) Vice-Mayor Howell asked if it was true that Mr . Pantliri and County Line Plaza are in receivership. Councilmember Burckart explained it was true , and further explained. that the general contractor . had problems with other jobs out of the area and . used a lot of money that was allocated fob the subs to pay other things . The amoount of the liens of the subs who were not paid is over 10% of the project itself . . • Village Council Meeting Minutes November 9 , 1989 • Page 12 This had, repercussions which kept them from closing on new financing,. .At that point the bank decided to foreclose the loan . Mayor Capretta suggested that someone look into this to see just what impact this will have on the iilage . XI . ADJOURNMENT There being no other matters before the Counci l , the meeting ,:as adjourned at 6 : 45 P.M. Respectfully submitted , )61 - Fran Bitters Recording Secretary ATTEST : Bill C . Kascavel i s Finance Director/Village Clerk /fgb DATE APPROVED :