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HomeMy WebLinkAboutDocumentation_Regular_Tab 06_06/09/1994 / ' VILLAGE OF TEQUESTA , � Post Office Box 3273 • 357 Tequesta Drive A ' Tequesta, Florida 33469-0273 • (40'n 575-6200 �� ` Fax: (407) 575-6203 �' o , s o 9 k 'C M COUµ� VILLAGE OF TEQUESTA REDEVELOPMENT COMMITTEE MEETING MINUTES MAY 18, 1994 I. CALL TO ORDER AND ROLL CALL The Tequesta Redevelopment Committee held a scheduled meeting at the Village Hall, 357 Tequesta Drive, Tequesta, Florida, on Wednesday, May 18, 1994. The meeting was called to order at 2:30 P.M. by Mayor Ron T. Mackail. A roll call was taken by Betty Laur, the Recording Secretary. In attendance were: Chairman Ron T. Mackail, Co-Chairman Joseph Capretta, and Earl L. Collings. Village Staff present were: Village Manager, Thomas G. Bradford, and � Village Clerk Joann Manganiello. II. APP'ROVAL OF AGENDA Committee me�ber Collings moved that the 2igenda be approved as subnitted. Co-Chairman Capretta seconded the motion. The vote on the motion was: Ron T. Mackail - for Joseph Capretta - for Earl L. Collings - for The motion was therefore pasSed and adopted and the Agenda was approved as submitted. III. UPDATR OF WORR ACTIVITIES OF P1�IG ASSOCIATES REGARDING ANALYSIS OF CHI2ISTOPHER VILI�AGE FOUNDATION DEVELOPMEIdT PROPOSAL. Village Manager Bradford explained that on 4/28/94 the Village Council had approved the proposal of PMG Associates to analyze the financial feasibility of the Christopher Village Foundation Master Plan, to look at the feasibility of the elements within it, and the marketability of those elements, to help Tequesta Village gain an understanding of Rr�� lrlyd Parrr Redevelop�ent Committee lYleeting Minutes May 18, 1994 Page 2 ------------------------------- Village participation in the project, and particularly to look at the cost benefit analysis from the Tequesta Village perspective. Phil Gonot, President of PMG Associates, stated their completed report would be ready to present at the next Village Council meeting on June 9, 1994. They are working on a demand analysis to determine the demand for owner- occupied residential, rental residential, commercial, retail, office complex including a medical facility, ACLF (adult congregate living facility), hotel, and school. The analysis will show nwaber of units, amount of square footage, and how much can be absorbed on an annual basis. Commercial will also be analyzed for disposable income which will come from surrounding neighborhoods as well as from the magnet, which in this case is the school. Mr. Gonot had verified with the Palm Beach County Tax Assessor that if property is owned by the Village of Tequesta it would be subject to ad valorem taxes. The type of operational structure recommended by PMG Associates is to create a Community Redevelopment Agency (CRA). Prior state law required a municipality with a CRA to acquire land first and then select a developer. New legislation passed this spring allows the municipality to select a developer first and then acquire the land, which would save both time and money. Revenue bonds issued for this project would be tax free, and under current IRS code only 10� of the debt service can be paid from private sources; the rest must come from public sources, or the tax-free designation would be lost. Tax increment financing or assessment provisions to obtain debt repayment funds could be implemented through establishment of a CRA. Mr. Gonot stated all of the property must be obtained at one time, and acquisition costs must include (1) value of land at purchase, or if condemnation, cost established by the Court (2) legal and administrative cost of land valuation, and (3) purchase of leaseholds on existing properties. Mr. Gonot stressed the importance of including provision for legal costs, and related his recent interview of the Mizner Park Project managers in Boca Raton had revealed that their legal acquisition costs were $1,000,000, with one condemnation contested, for which legal costs were $1,200,000. If a CRA were created, emminent domain could be Redevelopment Committee Meeting Minutes May 18, 1994 Page 3 ------------------------------- used to acquire property if public need and underutilization could be shown. If the remaining properties were needed to complete the project they could be acquired under the same condemnation rights. Mr. Gonot stated there were two ways to proceed with this project: (1) selection of a master developer or a developer the Village could work with under a joint venture or partnership; or (2) creating a master plan for the entire site and setting up architectural codes, zoning codes, and other provisions that would require landowners to develop according to the Village's master plan. In response to concerns expressed by Co-Chairman Capretta of needing financial information before deciding how to develop a plan to get the facilities the Village wants, Mr. Gonot stated their analysis would provide dollar figures of cost to the Village, amount of debt service and how the Village could expect to repay the debt; and would tell the Village how much they could afford to contribute in pubiic money compared to what they would receive in additional revenue, so in effect they would know the return on their investment. Mr. Collings verified with Mr. Gonot that establishment of the CRA mechanism as a first step would relieve the Village Council from the responsibility of increasing millage; that appointment of the developer and land acquisition could be done almost concurrently; that the study of blighted (under utilized) property would not take very long; and that the CRA area would be smaller than the entire project. Mr. Collings' question regarding market areas was answered by Mr. Gonot that the commercial market area would be smaller than the residential market area. Co-Chairman Capretta felt the first steps necessary would be to place an item on the Council agenda for a decision whether to create a CRA and how they would want to manage it, and if approved--then to obtain an attorney to set up the CRA, and when established, the CRA's management board could determine the land area of the project. Mr. Gonot explained the CRA funding process. He stated the main funding mechanism is tax increment financing under which the taxable value of the target area would be frozen at today's costs. The bonds would be 15-year open market Redevelopment Committee l�ieeting Minutes May 18, 1994 Page 4 bonds. When the project is completed the assessed valuation of the property would increase, and all the additional taxes go to the CRA to retire their debt service on the bonds to complete the project. The additional school taxes would go to the School Board, but all other taxes would go towards debt service. The Village would be required to guarantee the bonds, estimated to possibly be $25,000,000. If sale of a property could not be negotiated, condemnation would be pursued. In response to Chairman Mackail's concern that a single purchase might not fzt into a master plan, Mr. Gonot explained the only way to control development of a parcel would be to establish criteria, such as architectural controls with an architectural review committee, that must be followed for any development. � Mr. Collings questioned whether the CRA could develop a tax- free loan to the adjacent properties to achieve a style consistent with the area developed. Mr. Gonot was unfamiliar with the mechanics but stated this concept was legal within the State of Florida. Co-Chairman Capretta suggested if a large portion of the proposed project were made up of parcels owned by two or three landowners, that once they agreed to participate that could become a core, and small parcels would not have to be included if their owners did not want to participate. Years later when business has all moved to the new area and that landowner's property value has decreased, then that property could be purchased or a loan made to help build the property back up; and since there would be sufficient land within the project, no legal condemnation costs would be incurred. Another concept suggested by Co-Chairman Capretta was to establish the infrastructure within the master plan. Mr. Gonot clarified that if the CRA boundary were within the project boundary, it would be possible for the CRA to expand at a later date by purchasing land lying outside its boundary but within the project boundary, and that special districts may be established within the CRA boundaries. Village Manager Bradford questioned if the tax increment financing was only available via a CRA, to which Mr. Gonot responded the law referred to that type of agency, and the major reasons for using a CRA were because of the opportunity to now obtain a developer before land Redevelopment Committee Meeting Minutes , May 18, 1994 Page 5 acquisition. Village Manager Bradford stated he would like the whole village to benefit from the new values, and tax increment financing would eliminate that possibility. Mr. Gonot answered if the Village did not use the CRA mechanism but used municipal powers and sold bonds they would have to have some mechanism to pay off the debt, either by special assessment or an increase in the ad valorem rate for the entire village, the problem with assessments on undeveloped properties is many times they are not paid, and a tax sale would be easier to process through the CRA. When the bonds are paid off, all of the increased property values would come back to benefit the Vil.lage. Also, the taxes contributed from the County would not be available except through a CRA, and tax increment financing could only be invoked when there exists a project debt to be repaid. Mr. Gonot advised in order to avoid multiple bond issue problems, the Village should get everything in line and cover it all with one bond issue. Discussion of the ACLF component revealed a lack of Alheizmer's units in this area, and that one-half to two-thirds of typical ACLFs are located in the south end of the County. Mr. Gonot responded to Chairman Mackail's question of the amount of funds that the Village would need to set aside to cover debt service as approximately one year's debt service, which could be capitalized into the bonds, and recommended one to two years worth of interest also be capitalized into the bonds since no revenue would be realized during that time. Debt service at today's interest rates on $25,000,000 would be two million to two and one-half million dollars per year, and his analysis showed the purchasing capability of the Village to be $32,000,000. Mr. Capretta suggested the option of a smaller project with the Village purchasing the land and building only the facilities they want, to avoid such a large debt. From Mr. Gonot's presentation and the resulting discussion, it was determined that items to be accomplished would be (A) to have staff outline the steps to implement a CRA, (B) recommend CRA boundaries, and (C) recommend project area boundaries. Motion was made by Committee member Collings to recommend to the Village Council that they proceed with a CRA and have staff outline plan A, B and C in ter�s of the size of the Redevelopment Committee Meeting Minutes May 18, 1994 Page 6 project area and the size of the CRA area. Co-Chairman Capretta seconded the motion. The vote on the motion was: Ron T. Mackail - for ' Joseph Capretta - for Earl L. Collings - for The motion was therefore passed and adopted. IV. ANY OTHER MATTERS There were no other matters to come before the Committee. V. COl�IMiJNICATIONS FROM CITIZENS There were no comments from citizens. VI. ADJOURNMENT Mr. Collings moved that the �eeting be adjourned. Co- Chairman Capretta seconded the motion. The vote on the motion was: Ron T. Mackail - for Joseph Capretta - for Earl L. Collinqs - for The motion was therefore passed and adopted and the meetinq was adjourned at 3:37 P.K. Respectfully ubmitted, Be�La Y Recording Secretary ATTEST: Joann Manganiello Village Clerk DATE APPROVED: I �„ ;� � , VILLAGE OF TEQUESTA Post Office Box 3273 • 357 Tequesta Drive ' Tequesta, Florida 33469-0273 • (407) 575-6200 � - � e Fax: (407) 575-6203 ; o b 4 f ��M COUN�+ . VILLAGE OF TEQUESTA PUBLIC SAFETY COMMITTEE MEETING MINUTES MAY 19, 1994 I. CALL TO ORDER AND ROLL ('AT.T. The Tequesta Public Safety Committee held a regularly� scheduled meeting at the Village Hall, 357 Tequesta Drive, Tequesta, Florida, on Thursday, May 19, 1994. The meeting was called to order at 2:30 P.M. by Chairman Joseph Capretta. A roll call was taken by Betty Laur, the Recording Secretary. In attendance were: Chairman Joseph Capretta and Co-Chairman Ron T. Mackail. Village Staff present were: Village Manager Thomas G. Bradford, Village Clerk Joann Manganiello, Fire Chief James Weinand, Police Lieutenant Steve Allison, and Steven Kennedy, Deputy Building Official. Elizabeth Schauer, Village Council member, arrived at 4:10 P.M. II. APPROVAL OF AGENDA The Agenda was approved with the addition two items: discussion of the Lantana Project and a request from � Lighthouse Gallery regarding use of the parking lot and closing Tequesta Drive for their annual Arts and Crafts Festival. III.. STATUS REPORT ON MAJOR CODE ENFORCffi��IEN'P CAS$S. (STLVE KENNEDY, DSPUTY BUILDING OFFICIAL) Deputy Building Official Kennedy. _reportesi_. that_ since the _..___ __._ Police Department had started handling initial code enforcement complaints that the number of cases he handles is much less, probably only 30� of the total. Most cases are violations of health and sanitation code which in the past were brought to Code Enforcement Board and approximately 20 to 25 cases would be placed on the CEB agenda year. Under the new system a violation notice is issued that states if the offender does not comply that the Village will enter the property and abate the nuisance, ,,,- ,��•lr:i �.an��r � �ublic Safety Committee �teeting I�inutes lSay 19, 1994 Page 2 _ ----------------------- which has resulted in compliance in most cases. The first case of this year to be placed on the CEB agenda will be on the June meeting agenda. Health and sanitation violations include overgrown yards and stagnant swimming pool water. Building Code violations include breached swimming pool enclosures. Deputy Building Official Kennedy discussed the status of the LaDuca case, in which fines have accumulated for a total of over $100,000 and are still running, and preliminary foreclosure steps have been taken which would allow the Village to foreclose on Mr. LaDuca's personal property since the real property is homestead. At present the swimming pool water is unsanitary and the gates leading to the swimming pool enclosure are left unlocked. Deputy Building Official Kennedy stated that the unlocked gates are a violation of the building code which does not allow the Village to enter the property and abate the nuisance as can be done for Health and Sanitation code violations. He stated the only way the Village could legally chain the gates shut was upon issuanee of an order by the Building Official, and that Building Official Scott D. Ladd had issued this order the day before this meeting. The next step will be to either padlock the gates or install self- latching locks. Co-Chairman Mackail stated since this situation is life-threatening he felt a strong-arm policy should be adopted. Chairman Capretta impressed upon Mr. Kennedy that a sense of urgency is lacking by Building Code Officials and that life-threatening situations must be fixed in a matter of hours, not days, and he would rather spend money for legal fees if necessary because code procedures were not followed, than to risk public safety in a life- threatening situation such as unlocked gates to a swimming pool whe�e a child could enter and drown. He reported to Building Official Kennedy there are open gates to a pool at a house on Golf Club Circle. Deputy Building Official Kennedy answered Village Manager Bradford's question as to ��� �- how the Village could resolve the problem of unsanitary pool water would be to either drain the pool or to introduce chemicals to clear the water. Chairman Capretta questioned whether garnishment of Mr. LaDuca's wages would be a possibility. Deputy Building Official Kennedy was asked what more could be done to accelerate public safety matters, the answer was possibly to give him more authority to handle matters on the spot, by adoption of an ordinance allowing him to issue a ticket imposing a fine. Fire Chief Weinand stated he would also like this power in order to Public Safety Com�mittee Keeting Minutes May 19, 1994 Page 3 have gates and exit doors unlocked by people inside in life threatening situations. It was decided that Co-Chairman Mackail would visit the LaDuca property on Monday morning May 23 to inspect the property and take Building Official Scott D. Ladd with him. Chairman Capretta stated if the Village adopted a policy similar to the Lantana Plan that Building Code enforcement would be expanded, and that the Village must make sure the system is now working properly, with priorities for public safety violations over cosmetic violations. During discussion of the Lantana Plan Co-Chairman Mackail stated he planned to obtain a copy of the plan for review. Chairman Capretta suggested homeowners associations be utilized as the initial contact to homes in their communities so that they would be upgrading their communities, and if homeowners did not respond then the cases would go to code enforcement, and that the approach should be positive before going to negative methods. Deputy Building Official Kennedy stated in the Walters case massive fines have accumulated and the Code Enforcement Board has approved foreclosure steps. Since this property located at 370 Maple Drive is not homestead, the Village may be able to acquire the property. The Committee asked Deputy Building Official Kennedy to advise Building Official Scott D. Ladd of the matters of this meeting. IV. CONSIDERATION OF FIRE RESCUS II�iPACT FEE ORDINANCE. (JAMES l�. WEIN2iI�iD, FIRE CHIEF) Fire Chief Weinand presented for consideration a fire/rescue impact fee ordinance for new buildings based on startup operation costs, numbers of residential and multifamily units, and commercial. __square._ foot.age,____ _If . the . V,illage _, _. _ Council passes this ordinance, the Village Manager was asked to notify Jupiter Inlet Colony so that they could institute a similar ordinance if desired. Fire Chief Weinand reported commercial fees would be slightly less compared with other impact fees and residential fees would be higher, which was a result of having a higher number of residential units than commercial. Mackail reported the auditors were concerned with Fire Department asset classifications in the general ledger, and Public Safety Comsittee Meeting Minutes May 19, 1994 Page 4 ----------------------- that a base needs to be established for each piece of equipment in case of loss. Fire Chief Weinand reported he has one employee working with the Finance Department to resolve this situation. It was suggested a Police impact fee also be instituted. Fire Chief Weinand stated Section 2(C), page 2 of the ordinance exempts public facilities which he would like changed to a waiver that could be instituted if desired, since in the case of the VA hospital they made an in-kind contribution to fire service by building a station and a substation in Riviera Beach and the exemption would negate this type of contribution. It was decided to consult the Village Attorney for proper verbiage to change the ordinance. Motion was made by Co-Chairman Mackail to approve the ordinance with the deletion of Section 2C. Motion was seconded and agreed to by Chairman Capretta. V. CONSIDERATION OF TEQUSSTA ADOPTION OF FIRB-RSSCUE COST RECOVB1tY ORDINANCE. (J�S M. WSINAND, FIRE CHI1�F) Fire Chief Weinand presented committee members with a copy of Lake Park's cost recovery ordinance requiring carriers to pay back fire/rescue costs incurred by the municipality. It was the consensus of the Public Safety Committee to have Village Attorney Randolph adapt this ordinance for use by Tequesta, and to ask Jupiter Inlet Colony to adopt a similar ordinance. Motion was �ade by Co-Chairman Mackail to approve the cost recovery ordinance as drafted by Village attorney Randolph. Motion was sec�nded and agreed to by Chair�an Capretta. _. _ _ VI. CONSIDERATION OF BUDGET AMENDMENT TO AI�I�OW FOR PURCHAS$ OF - - POLICE �ND FIRE-RESCUE V$EIICLES ( TWO-FOUR WHEEI. DRTVS TRUCRS AND ON$ D�i'ECTIVE TifNMARt�D VEHICLE ) Village Manager Bradford stated three vehicles in next year's budget could be purchased now to reduce next year's budget by approximately $55,000, and the vehicles are needed now. The vehic�.es would include two 4-wheel drive trucks for the Fire Chief and the Police Chief, and an unmarked car for a detective. It was the consensus of the committee to institute this budget amendment. Public Safety Committee Meeting l�tinutes � Msy 19, 1994 Page 5 ----------------------- VII. ANY OTHER l�ATTERS Chairman Capretta asked about status of Auxiliary police volunteers doing traffic details. Village Manager Bradford stated the reserve officers have other full-time jobs so that they could only help with traffic details on weekends, and that this item was not on the agenda since the Police Chief was out of town. Chairman Capretta inquired as to the status of "No Thru Truck" signs on Country Club rive, to which Village Manager Bradford responded that the ��`�" Chief had sent a memo to Public Works stating where signs were to be placed. After discussion of turn lanes on Bridge and Eyeball Roads Village Manager Bradford was asked to find out what the FDOT engineer who visited Public Works Department yesterday had said. Elizabeth Schauer suggested Police Department use a motorcycle on Country Club Drive, however, Village Manager Bradford stated it would be extremely hazardous. Police Lieutenant Steve Allison showed the committee an advertisement for a credit-card size device that would attach to the center line of the road and operate on the magnetic field of vehicles passing over it to record traffic information, and then would plug into a computer to perform different types of traffic studies at a cost of $295-$895, with a 30-day free trial. It was the consensus of the committee that this should be ordered. Village Manager Bradford reported Lighthouse Gallery had requested Tequesta Drive be closed for a two-day period from - approximately 7 A.M. on Saturday, November 19 to 5 P.M. on November 20 for their annual arts and crafts festival. Since both the Fire Chief and the Police Lieutenant felt this would cause problems, it was the committee's consensus that Village Manager Bradford contact them to see if a compromise could be worked out possibly closing the street only during hours the festivai would be open, and not during the night. F Public Safety Com�ittee I�ieeting Minutes May 19, 1994 Page 6 ----------------------- VI. ADJOURNMENT There being no further business before the Committee, the meeting was adjourned at 5:38 P.M. Respectfully submitted, �r� Betty Laur Recording Secretary ATTEST: Joann Manganiello Village Clerk DATE APPROVED: