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HomeMy WebLinkAboutDocumentation_Regular_Tab 06_08/11/2005 � � � � MINUTES VILLAGE OF TEQUESTA VILLAGE COUNCIL WORKSHOP TUESDAY, JULY 12, 2005 6:00 P.M. I. CALL TO ORDER AND ROLL CALL The Tequesta Village Council held a Village Couneil Workshop iVleeting at t�e Tequesta Recreation Center, 399 Seabrook Road, Tequesta, Florida, on Tuesday, July 12, 2005. The meeting was called to order at 6:22 p.m. A roll call was taken by Village Cierk Gwen Carlisle. Council Members present were: Mayor Jim Huinpage, Vice Mayor Pat Watkins, Councii Member Geraldine A. Genco, Council Member Edward D. Resnik, and Council Member Tom Paterno. A}so in attendance were: Village Manager Michael R. Couzzo, 3r., Viliage Clerk Gwen Carlisle, and Department Heads. Attomey Scott Hawkins was not present. II. APPR4VAL OF AGENDA MOTION: Vice Mayor Watkins moved to approve the agenda, as submitted; seconded by Council Member Resnzk; motion passed 5�0. 1) Discussion of Annezation Matters Village Manager Couzzo mentioned the Village and the County have talked for years about annexing the County enclave azeas into Tequesta. He indicated this was an issue that was brought forward from Council at their last meeting, and the workshop was a way to get Council f�edback and direction. He pointed out in the last few years four or five parcels ha.ve been annexed into the Village. He commented this was a continua.tion of dialog regazding tfiis issue. Mayor Humpage felt what everyone was looking at was the large parcels, subdivisions and unincorporated pockets that sit within the municipal boundaries. Council Member Paterno mentioned Mr. Bob Garlo, Assistant Village Manager and Mr. Jeff Newell, Director of Comrnunity Development, and himself inet with County Planning Department in reference to annexation._ He indicated they_._ga_v_e_ _ insight into the process and spoke on involuntary annexation and the different ways to proceed. He felt they came to a conclusion that since the Village had a Water Service Agreement that people would voluntary annex after they gef water service. He felt the Village could take in the unincorporated areas the Village serves if they have a water service agreement in place. He noted the County would help the Village, and could do it because they would be considered a voiuntary annexation. He commented it would not have to be approved by the County Commission, but it would have to be passed on to the County Planning Department to add to our tax rolls. He mentioned Delray did this same thing for the enciaves in their area. He questioned if the Village had all the water service agreements for the Village. Village Manager Couzzo mentioned that he spoke with Village Attorney Hawkins earlier in the day and that based upon his research and the recent Supreme Court ruling; the water sexvice agreement would be binding. Council Membar Paterno stated the County sent the Village a list of the unincorporated areas, 10 total, and it had a total af $200,000,000 in taxable property; $1,200,000 total if we decided to go away with this. Minutes — Village Council Workshop July 12, 2005 Page 2 Mayor Humpage asked if this was with the water agreements that were in place now or would i� encompass the new water agreements that new residents have to sign. Assistant Village Manager Garlo responded the County's attorney c�id an enclave analysis and drew up what they balieved to be the unincorporated pockets, and upon getting this analysis, the Village met with the County Planning Department and they discussed annexation strategies. He stated the following strategies could be used: 1) through a water service agreement where there lies a clause that states you will annex; 2) through an interlocal agreement if you have less than 14 acres; and 3) a voluntary annexation through referendt�m where you take a vote and if 51 % of the residents vote yes, they are in. Mayor Humpage responded they tried #his before and it didn't work. He commented another way is if residents find the Village attractive and favorable and decide to come in, upon which time you do the tax analysis. He mentioned he has the 2002 tax analysis for each of the enclaves that Jack Horniman did that he will provide to each Council members. Council Member Paterno felt the motivation and incentives were not there because the sewers have been put in place. Mayor Humpage responded that he thought the sewer inc�entive was still possible. Council Member Genco thought there was only a . one-yeaz window from the time the sewers were put in. Council Member Paterno stated tha.t once the sewers were in a�d it hit their tax roll, he understood that the incentive was gone. Vice-Mayor Watkins wanted to clarify that if a signed water service agreement existed; the clause within the agreement was that they were to annex. She indicated she did not like the idea of forcing people to annex, and questioned whether �ople l�ow about the clause when they sign the agreement. Council Member Genco responded that most municipalities have tlus agreement and make people comply �vith it; she brought up the money generated from the unincorporated areas as well as the added personnel associated with maintaining those extra areas. She stated some areas would �not upset the balance but some areas like Waterway Village and Bermuda Terrace would be expensive to annex. Council Member Resnik agreed with Council Member Genco that you have to look at the added cost not only in exgenditures but you also have to take into account that some people may not want to annex into the Village. He stated that Bermuda Terrace has said they do not like the Village's codes. He said that Council Member Genco compared the taxes for two homes, one in the Village and one in an unincorporated area; the difference was azound $1000.00. He felt this created a potential problem, and that the way to handle f.his was for the people to wa.nt to be a part of Tequesta, to see what the Village has to offer. Council Member Paterno agre�d and said he believed they should do a study that benefits everyone. He commented these people are enjoying the benefits of Tequesta. even tho�gh they are not annexed in the Village. Council discussion followed regarding the fire rescue responsibility. Council Member Paterno responded that this was definitely an issue as Station 11 was going to be closing; thus, Tequesta. Fire Department would proba�ly be servicing those areas and not getting the tax dollars. Mayor Humpage wanted to review the issues so far. He stated that one avenue was through the water service agreement; do these agreements that are in place say that the people are annexing voiuntarily or do they say that they have to sign another water service agreement. Village Manager Couzzo responded some of the agreements were extremely old, back to 1993. 2 Minutes — Village Council Workshop July 12, 2005 Page 3 Mayor Humpage felt the water service agreement was something to look at for the fiiture, but believed those areas being considered did not have agreements that state anything about annexation. Council Member Paterno wanted to know that when they look at the water service agreements for these areas, and if the annexation clause was supposed to be there and it was not, why it was not there. Village Manager Couzzo sta.ted that before . 1993, the language would probably not be there; after that da.te, the language should be there. Council Member Resnil� stated these areas have been getting water from the Village for about 20 years or more. Council Member Genco also �vanted to look at what types of areas the Village war�ted to annex; she stated tha.t she thonght commercial areas were what to look at first l�ecause it reflected what the Village was a11 about. She stated that if she had to prioritize, the cammercial areas were where she would want to focus on, and then next be the enclaves that have high mazket assessment values. She stated the residential areas, like Berrnuda Terrace, would not be the focus in her opinion. She also recommended that a letter be written to the County for them to inspect for code vioiations on a monthly basis, which was not being done at the present time. Village Manager Couzzo sta.ted this was something that was being considered, having a contract for services with the County for specific problems. He sta.ted that the issue of fire and police safety for Anchorage Point could be something to look at because the area was remote enough it would be beneficial for them. Council Member Genco shawed concern that if some people found out that the Village was providing police and fire safety for the "rich people" and not their area, it would be a problem. Village Manager Couzzo then sta.ted that all the unincorporated areas should be considered. Chief Jim Weinand, Fire Chief was asked to speak about the mutual aid agreement that the Village o£ Tequesta and Pa1m Beach County Fire Rescue have in existence. He commented Tequesta Fire Rescue was part of a rnulti-task response unit. He stated that once the bridge was fixed, Station 11 would come back to Seabrook Road, � and �he County would continue to service tlie county enclave ar�as, and the Village would service the Village residents. He sta.ted that it was not a"closest .unit response" agreement, which would mean that the closest station to the cail would take the call. He stated that they would provide support and backup to the County if they need help or on another call; if the Village has a str�cture fire the County would send units to help and visa versa. He mentioned the County Commission would like to see a common first response agreement, closest unit response countywide but when he met with them, one of the things they could not get past was the cost. He stated that if Station 11 closes (their contract is not over until June 30), they do ha.ve a renewal clause in their contract where they could keep it open. He cammented if they close the station, Chief Bryce would have to speak with the Village about servicing these areas; if not, they will be serviced from Station 18, the Burt Reynolds station. Council Member Genco stated that this would not be closest sta.tion; this puts into question safety. C}uef Weinand stated that they wo1uld not meet the 5-minute response time. Thus, the logical thing will be to come talk to Tequesta. Fire Rescue Chief Weinand stated if the County tried to put the "closest unit respanse" clause in, he wouid not let them. Cou.ncil Member Genco asked Chief Weinand if there was a fire alang Counhy Club Drive and the County was not able ta respond in time, would Tequesta. Fire Rescue be obligated to respond. 3 Minutes — Village Council Workshop July 12, 2005 Page 4 Chief Weinand responded no. Council Member Resnik asked if Station 18 were to close and Chief Bryce were to meet with Chief Weinand, was there something contractually that could be done saying that if Tequesta Fire Reseue were to respond to a fire, that they would be paid for their services. C�ief Weinand responded yes. He stated that if Tequesta. felt that this agreement was one-sided and they were being pulled, they could resume talks. He noted the agreement was flexible and could always be changed. Mayor Humpage commented for example, Bermuda Terrace, that the whole property was probably worth $25,000,000, and the County was paid 3.005% for fire protection, which represents $63,000 a year that Palm Beach County Fire gets to service those residents; and if they closed Sta.tion 1 l, Mayor Humpage believed that Palm Beach County should pay the Village the $63,000. Council Member Paterno understood what Mayor Humpage was saying, but felt the Village was giving the people in the unincorpora.ted azeas the same services for a discounted rate and asking the Village residents to pay more. Village Manager Couzzo explained that the County has all different kinds of contracts with each municipality. Mayor Humpage voiced the concern that these wuncorporated area� have an even less incentive to incorporate into the Village if they get fire services at a discounted rate. Council Member Resnik asked if the contract could be changed, why not negotiate the same rate for residents and non-residents. Council Member Genco clarified that she believed all the Council Members were in agreement that if they agree to provide fire and police safety to unincorporated areas, it would be at a higher cost; she wanted to know, though, if the Village would be in a situation where they would have to add on staff or equipment. Chief Weinand responded that it depended, and that if the location was within a 2-mile service area, the sta.tion could cover it; but it also depended on ca.11 volume now vs. the ca11 v4lume you would be adding on. Council Member Genco asked Chief Weinand to consider how much down rime firefighters have now; and if the Village was to raise the number of residents by 10%, what would happen; wauld you have to add staff and more equipment. Chief Weinand said no; a 10% increase in call volume would not effect the department; a 25% increase would. Council Member Genco suggested they look at the population numbers for these enclaves. Council Member Paterno stated Sta.tion 11 would have those numbers that could be utilized. Village Manager Couzzo stated that based upon the current call valume of the Village, he believed that the Village could provide far the unincorporated areas without an increase in staff and equipment. Council Member Genco questioned the Village would be increased by 1500 units. Chief Weinand responded you ha.ve to look at wha.t you the Village would be servicing, for example, the call volume for Anchorage Point or Bermuda Terrace would be a lot less than for Tequesta Terrace or Sterling House; you n�ed to take out the traffic accidents and commercial calls out of the ca11 volume to get an accurate reading. Mayor Humpage stated he was with Mayor Golonka at the fire station along with Chief Bryce. He said that Chief Bryce said out of 90 calls, 60 of them were EMS calls, the others were structure fires or traffic accidents, and if there were 5 firefigb.ters going on 30 calls a yeaz, or one a week if they were busy. Chief Weinand said they ha.ve 3 people on every shift, with only a rescue vehicle. He said they do not have a firefighting vehicle in that station; it would come from the station at Burt Reynolds. Vice Mayor Watkins felt this might be approached as an incentive, where these people were asked if they would like to annex or sta.y with the County serviee. 4 Minutes — Village Council Workshop July 12, 2005 Page 5 Council Member Resnik suggested if the Village negotiates the cost to service those areas, which was in addition to the budgeted money for fire rescue services, could the Village use the money for added personnel. Chief Weinand said that money would go to the general fund and it was up to the Council to appropriate the money where' needed. Village Manager Couzzo sta.ted that if yo� add one person, you need to add 4 or 5 because you need an additional person on each shift. Council Member Patemo wanted the Council to consider that if the� decided to change things because of the added revenue, he would not want something to happen that the fire rescue department could not make it to his or someone else's house and they have to rely on other stations to respond. Council Member Resnik agreed that he did not want to have anything change in regards to the service. Council Member Paterno asked Police Chief Allison if they did decide to annex these enclaves, would it become easier for the police to enter those areas. Police Chief A1lison responded no, when they were in pursuit they can go anywhere. Mayor Humpage reiterated that no matter what they decided to do, he agreed with Council Member Paterno that he does not want the level of service to change. He mentioned an article that he read in the local paper that read "Wellington to Challenge County Annexation". He stated that apparently the County has changed their method of operation with respect to voluntary annexarion and was requiring a11 voluntary annexation to be approved by 5 of the 7 commissioners before it can go forward. He noted Wellington was challenging this. He questioned that if the Village has to get approval of 5 commissioners that subjects the Village also. Village Manager Couzzo read from a report that Chief Allison distributed showing the cost of services in the last 2 years jumped 33%. He indicated the Village has a ra.tio of one officer to every 333 residents. Council Member Genco asked for direction regazding annexing some of the commercial districts, which has a$20,OU0,000 market value. She suggested to approach the annexation on a commercial level first, to see what was involved. She also suggested that whenever another service agreeme�t was signed that it should be reviewed. Mr. Jeff Newell, Community Development Director sta.ted that the owner of Judy's showed an interest in annexation; if she were to annex into the Village, it automatically force her neighbors to annex as well. He stated that, for example, if the Legion wanted to annex in, it would force everyone north of them to annex as well. Assistant Village Manager Garlo added that the axea of land alang the beach beiween the Village's condominiums and �oral Cove Park was an area the Village should consider also. He stated that this azea was a problem azea for police because the kids know that this was a County area so they hang out there. Council Member Paterno agreed because he said he had some beach residents asking him to do something about it and he told the residents he couldn't because it was County land. 2) Discussion of Parks and Reereation Re�ated Issues Village Manager Couzzo stated that there has b�en an explosion within the last two years of people who have been utilizing the recreation facilities, and some discussion had been rnade regarding the proportional use of residents vs, non-residents. Council Member Resnuk felt the recreation program was excellent, and that the programs had grown. 5 Minutes — Village Council Workshop July 12, 2005 • , Page 6 He felt the availability of the programs was such tliat residents get fust choice over non- residents; they get the opportunity to sign up before non-residents, with nan-residents paying more for the programs. He believed that the rationale far charging non-residents more was to pay the teachers and instructors. He commented if only three Tequesta. residents were to sign up for a class and no non-residents sign up, it would not be beneficial to hold the class. He stated the current process does three things: 1) it offers Tequesta. residents the opportunity to have a wide range of programs that they would not have otherwise; 2) offers neighbors an opportunity to participate for a surchaxge; and 3) keeps the prograr�s in being if they were not going to be supported by Tequesta. residents. He felt the ratio of residents and non-residents participating were equal, but the fact remained that the Viliage has a lot of residents that participate in other community programs. Vice Mayor Watkins referred to a memo from Parks and Recreation Director Greg Corbitt, dated June 13, 2005, which spelled out the issue of residents vs. non- residents. She could understand this issue if residents were on a waiting list for openings in classes but looking at the enroliment fo� different classes, she questioned whether some of the classes would even have taken place if they were not being offered to non- residents. She believed it should be up to the Parks and Reereation Director to add or subtract classes based on participation, and that she did not see a problem. She liked the idea that the classes were being offered to non-residents, seeing it as good neighbor thing. Council Member Paterno stated the 12% fee paid by non-residents go to the teachers and does not go to the Village in any way; 80% of the fee goes to the teachers, the Village incurs the 20% cost of offering the program. By far, the skateboarding park was the biggest program with 232 residents participating, with 72 non-residents. He stated that the skate park was not open for the month of July because there were no personnel for that rnonth; he believed the Village should take resources from another program to staff the skating park during this month; 346 residents vs. 352 non-residents participated in the skate park, which was over 50%. He stated that he would like to see more residents using the facility because the non-residents were nat heiping with the cost of the infrastructure. Vice Mayor Watkins stated that she does not see why it matters if the participants were residants or non-residents if they cannot fmd a qualified instructor for a certain month. Council Member Resnik agreed with Vice Mayor Watkins. Council Member Paterno responded they did not offer the skate pazk in 3uly. Mr. Corbitt explained that for the month of June, they provided skate camp, which included instruction, and for the month of July, they could not get the instructor. He felt what could have been done was have the sta.ff open the park far July t�ut the kids wouid not ha.ve instruction. Council Member Paterno agreed but felt staff would have to be puiled from another class. Mr. Corbitt said the instructor was not available for the month of July because of another commitment. He stated that he could have had stafF inan the park but the staff members were only allowed to work 30 hours because they are part time. Council Member Genco suggested because kids gravita.te towazd the skate park, it should kept open as much as possible. Mr. Corbitt stated high school kids were doing volunteer hours at the recreation department but the ska.te park was a unique thing. Village Manager Couzzo reiterated that things could have been done differently; it was a staff decision not to open up the park during the month of July but staff could have been pulled from other programs if it was decided to do so. 6 Minutes — Village Council Workshop July 12, 2005 Page 7 Council Member Genco stated there were two issues to consider: 1) keep the park open for general skating, or 2) have an instructor. She suggested having a senior citizen man the paxk as an idea. Council Member Paterno reiterated the residents should come first. He believed the quality was more important than the quantity. Mayor Humpage asked Council Member Paterno if he knew of any children that were not able to get into a program. Council Member Paterno stated he only knew of his son. Council Member Paterno asked if these inshuctors had insurance; Mr. Corbitt responded the Village does; the instructors are not employees but sub-contractors. Councii Member Paterno stated that the Village was taking the risk far non-residents because the instructors do not have insurar�ce, and the Village was using residents' money to support this. Village Manager Couzzo stated this was standard for recreation facilities. Mayor Humpage asked Mr. Corbitt what the instructors made. Mr. Corbitt responded, for example, that the gymnastics instructor makes around $6,000 a year. He explained that when the participant signs up, the instructar gets 80% and the Village gets 24°!0. Council Member Resnik stated that the instructors get paid by the people that sign up, not by tax dollars. Mr. Corbitt went on to say that if the class does not meet a muumum number, the instructor does not teach the class. Council Member Paterno sta.ted that the residents are paying the insurance to support these non-residents; he sta.ted that he does not want to pay for it. V�ce Mayor W�.tkins stated that the instructor was teaching the class, whether or not it was residents or non-residents, and that they were covered so they could have a class patentially of nothing but residents. She stated that it was not costing the Village any more to insure them. Council Member Paterno stated that the Village was taking the liability; and our residents were paying for it. Mayor Humpage wondered if the Village was insuring every class or does the Village ha.ve a blanket umbrella policy for the recreation policy. Mr. Corbitt stated it is a blanket policy. Mayor Humpage stated the Village pays for insurance for the park no matter what activity they are doing. Council Member Genco stated there was a budget of around $500,000 for salaries and operational expenses. She went on to sa.y tha.t the value it added to the community was incredible and to find out what programs the residents want to attend would be difficult. She asked Mr. Corbitt how the Council could help him find this out. Mr. Corbitt responded that when he first started with the Village there was an extensive survey done. Council Member Genco stated the Village might want to do another survey and maybe � lo4k at other municipalities to see what city has the best pragram; she would like to see more residents participating. Mr. Corbitt stated he puts a program out in fihe community to see if it generates any interest. Council Member Genco stated there has been a tremendous increase in children in the last 5 years. Mr. Corbitt stated he gets input from residents already participating. Mayor �-Iumpage suggested putting something in the Smoke Signals newsletter. Council Member Genco suggested a direct mail survey would be more beneficial; also, more counselors would help and possibly recruiting at the local colleges might be a good step. Mr. Corbitt stated that they dic� try this but got very little interest. He stated that the summer staff counselors were local kids and that 90% live in the Village. He stated the counselors make $8/hour, which was advertised in Smoke Signals. Council Member Resnik stated that periodically all of the programs were listed, with programs that offer something from senior citizens all the way down to the Iittle children. Mr. Corbitt stated that more benefits come from the special events, such as concerts. 7 Minutes — Village Council Workshop July 12, 2005 Page 8 Council Member !Genco asked Mr. Corbitt about the water park, if there was going to be any difference between residents and non-residents. Mayor Humpage responded this was not in the budget for ne� year. Mr. Corbitt stated that it would be very difficult to monitor r�sidents vs. non-residents who come into the park. III. ADJOURNMENT MOTION: Yice-Mayor Watkins moved to adjourn the meetang; seconded by Council Member Genco; motion passed S-0. The meeting was adjourned at 7:45 P.M. Gwen Carlisle Village Clerk 8