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HomeMy WebLinkAboutDocumentation_Regular_Tab 5D_9/28/1989 1 r e. VILLAGE OF TEQUESTA . - .s *` b' Post Office Box 3273 • 357 Tequesta Drive <,ti��! ~ t Tequesta, Florida 33469-0273 • (407) 575-6200 .,> _ � FAX: (407) 575-6203 VILLAGE OF TEQUESTA VILLAGE COUNCIL MEETING MINUTES SEPTEMBER 1 4 , 1 9 8 9 I . The Tequesta Village Council held a regularly scheduled meeting at the Village Hall , 357 Tequesta Drive, Tequesta, Florida, on Thursday, September 14 , 1989 . The meeting was called to order at 5 : 30 P.M. by Vice-Mayor Edward C. Howell . A roll call was taken by the Recording Secretary. Councilmembers present were: William E. Burckart, Ron T. Mackail , Earl L. Collings , and Vice-Mayor Edward C. Howell . Mayor Joseph N. Capretta was out of town . Village Officials present were : Thomas G. Bradford, Village Manager; Wendy K. Harrison, Administrative Assistant to the Village Manager; John C. Randolph, Esquire, Village Attorney; Department Heads and Bill C. Kascavelis , Finance Director. II . INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Earl L. Collings gave the Invocation and led those in attendance to the Pledge of Allegiance to the American Flag. III . APPROVAL OF THE AGENDA Councilmember Burckart moved to approve the Agenda as submitted. Councilmember Collings seconded the motion. The vote was : William E. Burckart - for Ron T. Mackail - for Edward C. Howell - for Earl L. Collings - for the Agenda was approved as submitted and therefore adopted. IV. PUBLIC HEARINGS A) Ordinance No. 390 - Second Reading - Amending the Village Zoning Ordinance by Providing for New Landscape Open Space Requirements , Increasing Maximum Building Heights, Amending Front, Side and Rear Yard Setbacks, Amending Maximum Lot Coverage and Amending Dock and Pier Length Computations . Village Manager Bradford explained this had been amended to include , at the request of Council , on page 2 , Section 3 , last Village Council Meeting Minutes September 14 , 1989 Page 2 sentence of the last paragraph . Councilmember Collings suggested the fifth line of the Ordinance title should be changed to read "a minimum" instead of "the minimum" . Councilmember Collings moved to accept Ordinance 390 on second reading . Councilmember Burckart seconded the motion. The vote on the motion was : William E. Burckart - for Ron T. Mackail - for Edward C. Howell - for Earl L. Collings - for the motion was therefore passed and adopted. B) Review of Proposed Village Special Revenue Fund, Debt Service Fund, Capital Improvement Fund, Water Enterprise Fund and General Fund for Fiscal Year 1989/1990 . 1 ) Improvement Bond Revenue Fund: Village Manager Bradford explained the revenues within this fund consist of franchise fees estimated at $268 , 300 ; utility service taxes - at $386 ,000 ; other revenues, $204 , 246 . Total revenues and fund balance - $936 , 844 . Total expenditures are $900 , 000 ; fund balance - $36 , 844 . This is a fund created basically for accounting purposes to track many non-ad valorem revenues which, in turn, are diverted to the Improvement Bond Revenue Sinking Fund. 2 ) Improvement Bond Revenue Sinking Fund: This fund is created to pay off the debt service that the Village has for its 1979 Bond Series . Total revenues for 1990 of $87 , 500 ; total revenue and fund balance of $199, 490. Expenditures - $90 , 355 , which include principle and interest and minimal debt service expenses of $775 . Total expenditures and fund balance - $199 , 490 . 3 ) Capital Improvement Fund: Through this fund the Village accounts for its major improvement projects . Revenues for FY90 and Fund balance are $897 , 226 . Expenditures are: Tequesta Drive improvement project - $637 , 000 ; Tequesta Drive sign and landscaping - $46 , 800 ; Country Club Drive paving - $60 ,000 ; Cypress Drive drainage improvement project - $25 , 000 ; Tequesta Drive pathway improvement projects - $105 , 600 ; total expenditures - $874, 400. 4 ) Water Department Enterprise Fund: Total operating revenues estimated to be $2 , 036 , 900 , of which 99% are through water • Village Council Meeting Minutes September 14 , 1989 Page 3 sales . Expenditures : Pumping and storage - $916 , 185 ; distribution - $167 , 870 ; administration and office - $335 , 915 . Total operating expenses : $1 , 419 , 970 . Capital outlay systems improvement renewal and replacement : Tequesta Drive main relocation - $39 , 000 ; Telemetry remote sites - $67 , 200 ; Old Dixie Highway water main relocation - $82 , 000 ; water treatment plant site plan - $20, 000 ; water treatment plant expansion project - $309 , 750 ; well 24 improvement project - $346 , 000 ; centralized garage - $42 , 500 ; well 25 - $69 , 000 ; a 3m gallon water storage tank - $617 , 000 . Total expenditures - $1 , 592, 450 . 5 ) General Fund: That operating fund through which some revenues are ad valorem taxes. Ad valorem taxes - $1 , 837 , 630 ; licenses, permits and fees - $217 , 750 ; state shared revenues - $249 , 155 ; transportation - $96 , 150 ; shared revenues with other local units of government - $24 , 000 ; charges for services in general government - $31 , 650 ; public safety charges - $3 , 600 ; culture and recreation - $2 , 250 ; fines and forfeitures - $50, 350 ; miscellaneous revenues - $51 , 650 ; non-governmental revenues - $795 , 000 ; intragovernmental service revenues - $100 , 000 . Total revenues : $3 , 461 , 685 . Fund balance : $536 , 161 . Expenditures : Legislative - $17 , 985 ; Executive - $185 , 025 ; administrative - $175 , 450; Legal counsel - $54 , 000 ; comprehensive planning and zoning - $26 , 000 ; general government administration - $318, 615 ; public safety, law enforcement - $1 , 097 , 345 ; Building Department - $214 , 510 ; Civil preparedness emergency and disaster relief - $3 , 500 ; Fire Rescue and emergency medical services - $522 , 000 ; garbage and solid waste disposal - $439 , 500 ; public works - $361 , 820 ; health services, mosquito control - $4 , 915 ; Park and Recreation Department - $122 , 765 . Total expenditures and fund balance for FY90 : $3 , 997 , 846 . 6 ) Adoption of Tentative Village Budgets: 7 ) Announcement of Proposed Millage Rate ( 6 . 1828) and Percent ( 18 . 0%) by Which the Re-computed Proposed Millage Rate Exceeds the Rolled-Back Millage Rate ( 5 . 2388) : By virture of the negotiated, free recycling from Nichols Sanitation for FY90 , the Village was able to cut the millage rate to a lower rate than that received by the citizens in their tax notices . The new proposed millage rate is 6 . 1828 mils, which Village Council Meeting Minutes September 14 , 1989 Page 4 is on a 7 . 5% increase over last year' s millage rate , which is a reduction of 2 percentage points than that tentatively adopted in July, 1989 , and is roughly a 25% reduction in the millage rate increase . The Village of Tequesta is one of the few cities left which has County Fire Rescue cost built into the city millage rate . That is a service over which the Village has little control . However, a feasibility study is being done to having a Village Public Safety Department, with an eye towards increased service to citizens , and having control over the cost the Village would be faced with for that service in the future . Garbage and solid waste disposal is included in the tax bill so that residents do not have to pay a monthly bill for that service . Nichols Sanitation only increased their cost to the Village of 4 . 1%, which was one of the lower cost of living costs of adjustments which came through this year. However, Nichols passed on another cost to the Village which was the tipping fee to be paid when the trash is taken to the landfill , which are set by the Solid Waste Authority of Palm Beach County. Palm Beach County raised those rates about 40% because this is the first year of principle and interest payment on the $375, 000 , 000 Resource Recovery on 45th Street ; therefore, their source of revenues are tipping fees . It is conceivable had the Village not had those increases , there may have, in fact, been a minimal tax increase . There was one item that effected the Village operations across the board, and that was the fact that the Village is a member of the State of Florida Retirement System which is a mandatory system. Once you' re in that system, you can' t get out, by law. The cost increases put on that system have to be borne by the city. This issue is currently in court - in order to find a way to get out of this - the association of counties of the State of Florida has sued the State of Florida to try to roll-back those cost increases that were put on all partcipants in that retirement system. Councilmember Collings mentioned he did not see the $100 ,000 which was to be alloted in 1991 for an R/O testing well reflected in this budget, and that he didn' t see R/O spelled out in the budget, unless it was reflected in the budget for well 27 . Village Manager Bradford answered that well 27 is an anticipated well at the Tequesta Country Club. Pumping and distribution costs for that well will be radically higher because the water has to be transported from the Country Club. Mr . Bradford stated an R/O well is not reflected in the 5-year plan, but is in the 10-year plan. Village Council Meeting Minutes September 14 , 1989 Page 5 Councilmember Collings expressed deep concern over the Village not preparing for wha.t seems to be an absolute necessity for the Village in relationship to the proposed expansion of the downtown area. He was also concerned with the Village presently buying half their water from Jupiter, he fears that with Jupiter' s explosive growth, when the renewal contract comes up, Jupiter will invite Tequesta to get their water elsewhere. Village Manager Bradford reminded Council of their adoption of the middle-of-the-road approach to the capital connection charge issue . He further explained one of the reasons R/O is not in the present budget is because well 27 has such a high cost, being a last resort of getting water from the surficial aquifer. That cost so closely approximates first level R/O, it was decided to keep that in there . Councilmember Collings wanted the R/O moved up closer to the present date because of what literally is happening all over Florida with the water shortage. Mr . Bradford stated that could be done for 1992 , but he would recommend if it is placed in 1992 , Council ought to revisit the issue of capital connection charge , because money is being lost because of taking the middle-of-the- road approach . Councilmember Collings felt the test well should be scheduled for 1991 . Councilmember Collings moved to adopt the FY90 Budget as proposed and as discussed. Councilmember Burckart seconded that motion. The vote on the motion was : William E. Burckart - for Ron T. Mackail - for Edward C. Howell - for Earl L. Collings - for the motion was therefore passed and adopted. Councilmember Mackail moved to adopt the millage rate of 6 . 1828 mills, which is an 18% increase over the roll-back millage rate of 5 . 2388 mills . Councilmember Burckart seconded the motion. The vote on the motion was : 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 September 14, 1989 Page 6 It was announced that the final Budget Hearing to finalize the budgets for FY 89/90 , and to set the millage rate, will be held on Thursday, September 28 , 1989 , at 5 : 30 P.M. at Tequesta Village Hall , 357 Tequesta Drive , Tequesta, Florida. C) Village Council Sitting as Local Planning Agency Public Hearing on the Evaluation and Appraisal Report and Comprehensive Development Plan with Department of Community Affairs Comments . 1 ) Evaluation and Appraisal Report : 2 ) Comprehensive Development Plan with Department of Community Affairs Comments : Jack Horniman, Village Planning Consultant, stated Council has spent the last month and a half working on responses to the Comprehensive that was transmitted to the State on May 1 , 1989 . We are now in that period between transmittal and adoption. The State Department of Community Affairs is responsible for making comment on the Plan that was transmitted - several comments were received. Jack Horniman and his staff have been working together with Village staff on preparing responses to these comments , as well as to put together an acceptable Plan under the State Planning Requirements . The Local Planning Agency held three separate workshops , having been charged with preparing the Comprehensive Plan. Councilmember Collings explained to the public in attendance that they should be aware of the fact that all local municipalities were directed by the State to create a Planning Document on how that municipality would be run for the next period of time . If municipalities do not comply with the State on this Planning Document, the possibility of losing State funding could result. Mr. Collings explained this document answers the State' s requests while at the same time fulfilling the needs of the Village. Mr. Horniman explained one Objective and one Policy not previously seen had been added: Objective 2 . 12 . 0 at the bottom of page C-7 in Policy 2 . 12 . 1 , regarding the management of hazardous wastes and materials . This is a specific policy issue which the State requires each municipality to address . Village Council Meeting Minutes September 14, 1989 Page 7 3 ) Public Comments : There were no public comments . 4 ) Motion to Transmit EAR and Comprehensive Plan to the Village Council for Consideration for Adoption: Councilmember Burckart moved to adopt the Comprehensive Development Plan and send it to Village Council for formal adoption and transmittal to the State . Councilmember Collings seconded the motion. Attorney Randolph pointed out this motion simply is to transmit the EAR and Comprehensive Plan. Later on there will be an Ordinance to adopt. The vote on the motion was : William E. Burckart - for Ron T. Mackail - for Edward C. Howell - for Earl L. Collings - for the motion was therefore passed and adopted. V. APPROVAL OF MINUTES AND REPORTS A) Tequesta Downtown Development Task Force Meeting ; August 18 , 1989 . B) Village Council Meeting ; August 24 , 1989 . C) Local Planning Agency Workshop Meeting; August 24 , 1989 . D) Tequesta Downtown Development Task Force Meeting; August 31 , 1989 . E) Local Planning Agency Workshop Meeting; August 31 , 1989 . F) Village Manager' s Report ; August 21 - September 8 , 1989 . Councilmember Mackail moved to approve all of the above Minutes and Reports as submitted. Councilmember Burckart seconded the motion. The vote on the motion was : 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 September 14 , 1989 Page 8 VI . COMMUNICATIONS FROM CITIZENS Marion Baker, of 71 Willow Road, Tequesta, came before Council with a complaint regarding high grass growing near the townehouses in back of her property which was rotting a new fence she had recently put up and inquired of Council whether they could do anything to encourage the offendors to cut the grass . Village Manager Bradford suggested Mrs . Baker give her name and address to Scott Ladd, Building Official , Mr. Ladd would direct her problem to the Code Enforcement Officer and try to remedy the situation. Joe Yoder was concerned about the $900, 000 expenditures for improvements to Cypress Drive. He was concerned about the distribution of cost between County, Jupiter and Tequesta for those improvements - 35% by Jupiter; County - 10%; and Tequesta - 55%. Mr. Yoder felt there was a strong imbalance of distribution . Village Manager Bradford stated to Mr . Yoder that the problem is being worked on since the Village also does not agree with the 55%. VII . DEVELOPMENT MATTERS A) Consideration of a Request to Increase Allowable Building Height for Key West Village . Haisfield Enterprises of Florida, Inc. Mark Haisfield, representing Haisfield Enterprises , requested a change in building height . Presently two stories and 35 feet in height are approved and the request was to add a third story increasing to 40 feet in height. Councilmember Mackail asked Village Manager Bradford if it would be improper to ask Mr. Haisfield to submit this change through the proper channels , such as the Community Appearance Board . Mr. Bradford responded it would not be improper. Mr. Ladd stated it would not be necessary to go through channels again, since the PRD this development is under allows for the third story and 40 feet . Attorney Randolph stated any time the approval of a PRD or a PUD is done , the approval process is finished at that point, and any amendments , he felt , should be treated as a new application, going before the required bodies for approval . Village Council Meeting Minutes September 14 , 1989 Page 9 Councilmember Burckart felt leniency ought to be practiced in this situation, avoiding beauracracy tie-ups . Councilmember Collings agreed. Vice-Mayor Howell felt since it was a minor change and since the Building Official saw no problem, he agreed the increase should be allowed. Councilmember Collings moved to approve the request for increase of building height for Key West Village. Councilmember Burckart seconded the motion. The vote on the motion was : William E . Burckart - for Ron T. Mackail - against Edward C. Howell - for Earl L. Collings - for the motion was therefore passed and adopted. B) Consideration of a Site Plan Review for "The Courtyard" in Gallery Square North, Installation of an Archway Sign. Nora Lind, South Pole Toy Store, requested approval of a sign to call attention to her store as a business , since it is presently very difficult for potential customers to locate it . Councilmember Collings asked where the anchors for the sign were located. Ms . Lind responded there are already existing gate posts located there. Councilmember Collings moved to approve the sign as requested. Councilmember Mackail seconded--the motion. The vote on the motion was : William E . Burckart - for Ron T. Mackail - for Edward C. Howell - for Earl L. Collings - for the motion was therefore passed and adopted. C) Consideration of a Request of an Extension of Special Exception and Site Plan Approval from the Church of the Good Shepherd, 400 Seabrook Road. Robert S . Taylor, Rector. Richard Smith, parishner , Good Shepherd Church , appeared to request an extension of special exception. Vice-Mayor Howell Village Council Meeting Minutes September 14 , 1989 Page 10 asked if any changes were being made that this special exception would cover. Mr. Smith stated the church has discovered they will have to build in phases , and therefore exceed the September 15 one year period which was granted along with the improvements . Attorney Randolph stated the key will be when construction begins . Councilmember Burckart moved to approve the extension of special exception for one year, starting September 14 , 1989 . Councilmember Mackail seconded the motion. The vote on the motion was : William E. Burckart - for Ron T. Mackail - for Edward C. Howell - for Earl L. Collings - for the motion was therefore passed and adopted. VIII . NEW BUSINESS A) Resolution No. 14-88/89 - Providing for Amendments to Various Village Budgets for Fiscal Year 1988/89, Which Ends September 30, 1989 . . Village Manager Bradford explained this is a Resolution that would authorize amendments to this year' s Budget which would legitimize intra-fund transfers made during the course of the year, as well as to formalize the various changes that have occurred during the course of this fiscal year , such as the Public Safety Study, the FEC Railroad settlement suit, the Charrette and other matters . Attorney Randolph read Resolution No . 14-88/89 . Councilmember Burckart moved to approve Resolution No . 14- 88/89 . Councilmember Mackail seconded the motion. The vote on the motion was : 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 September 14 , 1989 Page 11 B) Ordinance No . 391 - First Reading - Adopting the Village of Tequesta Comprehensive Development Plan. Village Attorney read Ordinance No . 391 by title : "AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, ADOPTING A COMPREHENSIIVE PLAN FOR THE VILLAGE OF TEQUESTA IN ACCORDANCE WITH THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT" AS AMENDED, BEING SECTIONS 163 . 3161 ET. SEQ. , FLORIDA STATUTES ; ATTACHING AS EXHIBIT "A" A COPY OF THE COMPREHENSIVE PLAN; PROVIDING A CONFLICTS CAUSE, A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES . " Councilmember Collings asked what would happen if something is not done that the Village has been instructed by the State to do. Attorney Randolph answered the question is standing and the opportunity of a third party or even the State for filing a lawsuit against the Village for not complying with standards they said they would adopt. Councilmember Burckart moved to adopt Ordinance No . 391 on first reading . Councilmember Mackail seconded the motion. The vote on the motion was : William E. Burckart - for Ron T. Mackail - for Edward C. Howell - for Earl L. Collings - _ for the motion was therefore passed and adopted. C) Tequesta Drive Improvement Project Status Report . Village Manager Bradford reported that basically everything has been moving fine to this point - the road was closed at the railroad crossing on August 20 anticipated to be for 30 days , but there have been some problems . The plans indicated a 16 inch force main for Encon at the railroad right-of-wad•, but when the project excavation began, it was in fact a 36 inch pipe , which requires that the contractor go back with the engineer and totally redesign a whole new structure for that, therefore holding up until the shop drawings are done Village Council Meeting Minutes September 14 , 1989 Page 12 for the implementation . Expectations are there will be a 10- day delay in re-opening the road. Once opened, however , people will be able to traverse over the tracks . The intersection of Cypress tentatively is scheduled to be fully paved at that time . The re-opening is expected to take place around October 2 . A potential problem with the FEC. The manufacturer of the railroad signals will not have the signals ready by re-opening time . IX. ANY OTHER MATTERS There were no other matters before the Council . X. ADJOURNMENT There being no other matters before the Council , the meeting was adjourned at 7 : 00 P.M. Respectfully submitted, Fran Bitters Recording Secretary ATTEST: Bill C. Kascavelis Finance Director /fgb DATE APPROVED: