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HomeMy WebLinkAboutDocumentation_Regular_Tab 06C_09/22/1994 ^ ` VILLAGE OF TEQUESTA v i 7 Post Oft`�ce Boz 3273 • 357 Tequesta Drive '; Tequesta� F7orida 33469-0273 • (40'n 575-b200 � � � Fax:(407)575-6203 0 ' �� cN � VII.I.AGE OF TEQUESTA VILLAGE COUNCIL MEETING S SEPTEMBER 7, 1994 I. c�u.L To oxnffit arro RoLr. c�r,.t The Tequesta Villaqe Council held a reqularly scheduled meetinq at the Village Hall, 357 Tequesta Drive, Tequesta� Florida, on Wednesday, September �, 1994. The meetinq was called to order at 7:00 P.M. by Mayor Ron T. Mackail. A roll call was taken by Betty Laur, Recording Secretary. Council members present were: Mayor Ron T. Mackail, Vice Mayor William E. Burckart, Blizabeth �. Schauer, and Earl L. Collinqs. Joseph N. Capretta was absent from the meeting. Also in attendance were: Village Manager Thomas G. Bradford, Village Clerk Joann Manganiello, Department Heads, and Village Attorney John C. Randolph. II. INVOC�TION �1�ID P�.�G$ OF AI.LSGI�iCE Counci����r 8lizabeth �. Sc�auer qave tt� Invocation and led those in attendance in the Pledqe of llleqiance to.the A�erican Flaq. III. 1�iPPROVPjI. OF �1Gffi�I�i�l Counci?me��r Collings =oved that the Agenda be approved as sut�itted . Counci ����*- Schauer seconded the a�ation . The vote on the aotio� was: Ron T. 8acxa3.1 - for � iTilliaa 8. Bu=r.J�art - for Blizabeth �. Schaner - for Sarl I.. Collinqs - for The �otion vas th�xefore passe�i and adopted � the �qen�da was approved as s�itted. IV. POBLIC HFaRINGs �) Review of Proposed Villaqe General Fund, Special Revenne and Debt Service Fund, Capital Isprovesent Fund, Bo�d ltecycled Pa�e� Village Council Meetinq Minutes September 7, 1994 Page 2 ------------------------ Construction Fund, iiater 8nterprise Fund and Lav 8nforceaent Trust Fand for Fiscal Year 1994/1995. 1) llnnoun�aent of Propos�d i�illaqe Rata ( 6.1Z80 ) aad Percent ( 2. 9Z� ) by tiL.i.ch the Proposed 1�tillsqe Rate eacceeds the Aolled-HacJc Millaqe Rate �5.9541) The Villaqe Manaqer publicly announced the proposed millage rate (6.1280) and the percent (2.92$) by which the proposed millaqe rate exceeded the rolled-back millaqe rate (5.9541). Village Manaqer Hradford explained that the rolled- back rate was the rate necessary to qenerate the same amount of tax revenues as were qenerated in the prior year. The specific reasons for the proposed tax increase were listed by Village Manaqer Bradford as: 1) to provide revenues necessary to address the 1994 bond issue to provide improvements to Country Club Drive, Tequesta Park and Constitution Park, 2) to provide a full-time code enforce�ent officer within the Police Department and 3) due to increases in personnel, operating and capital expenses of the Village's qenerai operations. 2 ) General Fimd Village Manaqer Bradford reviewed the General Fund � Budget for 1994-1995 fro� the official budget document�which is attached and made a part of these minutes. After review of the budqet document, Villaqe Manager Bradford recapped by statinq that the I�dqet provided for Total General Fund Expenditures of $3,960,9�0 with s fond balance on Septemher 30, 1995 estimated to be $646,787, and stated that operatinq expenses had increased at a rate greater than revenues received, necessitatinq a 2.92$ millage rate increase. There were no com�ents fro� the public reqardinq the General Fund. Councilsember Collinge observed that considerinq the budqet fiqures, the t�ater enterprise fund was not doinq as well as it should be, to which Village Manaqer Bradford responded that the excess of revenues over expenditures in that fund were transferred to retained earninqs and Village Council Meeting Minutes September 7, 1994 Paqe 3 ------------------------ used for desiqnated Water Department capital improvement projecta. Ccuncilmember Collinqs questioned on behalf of the taxpayere whether a General Fund balance of $646,000 wae necessary or miqht be used in place of increasinq taxes. Villaqe Manaqer Bradford explained that when the total amount of grant funds that the Village would . receive from the state and the county for emergency medical services was known, then the amount necessary from the Village for EMS startup costs could be calculated--nori� estimated to be approximately $57,000 in a worst-case scenario, � which would leave an approximate fund balance of $589,000: and that a cash flow analysis would reveal that since the major revenue source, ad valorem taxes, would not be received until December, the fund balance was necessary for operatinq capital w�til that time. Councilmember Collinqs questioned what the cost of borrowiaq approximately $500,000 for three months would be. Finance Director Kascavalis replied the cost would be a fet� thousand dollars; however, he advised against doing this pai~ticularly since in 'the case of a disaster such as a hurricane, funds would be needed, and also stated that retained earnings were not as larqe as in the past and that a water rate analysis was in process. Councilmember Collinqs stated that a sub�tantial amount of the budget �e�rt for employee retirement contributions and other benefits, and quest3.on�1 whether there would be an equitable way to lot�er that amount. Villaqe l�ianager Bradford stated that by law the retirement plan could not be chanqed; but that health insurance coverage for dependents of employeas could be paid for by e�loye� 3nstead of ; fi.he Village; however, that wonld ne� 'to be a' lonq-te�, � procedure in order for enployees to deal with the financial hardships this would cause. Counc3lmember Collinqs stated Tequesta �as one of ' the very few Floirida municipalities which provides family insurance coveraqe, therefore this miqht be �orth lookinq i�o. Mayor Mackail stated the �eneral Fund balance from 10/1/93 to 10/1/94 reflected a reduction of $331,000, and that there had been a decrease in assessed property values. He commented that since this was the first year in four years that the Village Council Meeting Minutes September 7, 1994 Page 4 ------------------------ Vill�ge had had a tax increase, and that a significant portion of that incre�ase wa�.Por the cap3tal improvemeAts bond. l�taayor Mackail commented � that he believed the areas that the Villaqe �hhould concentrate on to keep tax 3ncreases at a minimum were qrowth throuqh annexation and the redevelopment of the downtown area. Mayor Mackail , commented that in light of current insurance reform and escalatinq insurance premiums, chanqes in that area should be approached very cautiously. Mayor Mackail also voiced concern that tZie Florida Retirement System unfunded balance of $18 million wou18 someday have to�come from ad valorem taxes. Village Manager Bradford co�ented the unfunded balance in the retirement system was nearer $20 billion. 3) I�provesent Bond Revenue Fund: Village Manager Bradford stated this fund (detailed on page IBRF-1 of the Budqet Document) accounted for the revenues pledqed to pay for the inprovements to Country Club Drive, Tequesta Park, and Constitution Park, which were franchise fees estimated at $295,085 and occupational license fees of $90,620.00, or total revenues of $385,705. The expenditures from this fund would be two non- qovernmental inter-fund transfers: 1� excess over the zevenue needed to pay the Villaqe•s obligation to Jupiter-Tequesta National Bank which would be transfened to the General Fund as a revenue source for that fund to help meet its expenses; and 2) the remainder which would be used to pay the debt on the bonds. Finance Director Rascavalis explained that the Improvement Bond Sinkinq Fund should now be referred to as pDebt Service Fuad•. Mayor Mackail pointed out the Village had paid off outstandinq bonds durinq the past year at a significant savinqs to the Village. , 4) Capital I�proveaent Fand Villaqe Manager Bradford revie�ed the Capital . Improvement Fund (paqe CIF-1 of the Budqet Document� and stated this fund had been set up to � account for major capital improvements. Villaqe Manager Bradford explained that the Tequesta Drive improvement project had one property condemnation Village Council Meeting Minutes September 7, 1994 � Page 5 ------------------------ case which had not concluded. Vfce Kayor Burckart questioned the amount allotted for attorney's fees . which the village Mansqer explaineci that amount included attorney's fees for both the Villaqe•a attorney and the property owners� attorney as well as funds that may be needed to pay costs which exceed the amount already deposited with the Court for the value of the property, appraised at approximately $10,000. Villaqe Manager Bradford reported this matter was expected to be settled soon. 5 ) Bo� constractian P'�nd: Village Manager Bradford reviewed the Bond Construction Fund (page BCF-1 of the Budget Document), and this new fund had been set up to account for the expenditures that would be made based upon prxeeds of the bond issue. 6) i�later Department Enterprise Fund: Village Manaqer Bradford reviet�ed the Water Department Enterprise Fund (detailed on paqe WDR-1 of the Budqet Documentj. Councilmember Collinqs questioned whether revenue projections were based on new step rates, to which Villac�e Kanaqer Bradford replied that the basis was only current rates; and that at the first Village Council 1rleetiriq in October it �rould be advisable to consider additional rates for non-Tequesta residents. Discussion ensued concerninq the recycing fee, which is now a utility tax, and the concept that it could be made an annual asessment which would appear on tax bills and allow it to be a deduction for residents• income tau. _Villaqe lolanaqer requested that Finance Director Kascavelis schedule this item for discussion witLin the appropriate time frame to make the chanqe, and co�ented that commercial and multi-family units . would need to be handled differently than sinqle- family since their rates chanqe throuqhout the year. Villaqe Manager Bradford responded to Councilmember Collings that the centralized garaqe included in the Water Department�s retained earnings account would provide a centralized qaraqe facility, Village Council Meeting Minutes September 7, 1994 Paqe 6 � ------------------------ centralized storaqe for tools and equipment, centralized, locker room�, showera, office facilitie� for Public Works Crew Leader and Water � Department Diatribution Supervisor. Councilmember Collinqs requested a breakdown of dollar a�unts currently befnq paid for these various ite�s in order to compare the total aqainst the cost of the proposed centralized garage. 7) LaW $nforcement Trust Fund: Village Manager Bradford explained that the Law Snforcement Trust Fund �ras required by the State of Florida and provided for tracking proceeds from consficated materials and.expenditures associated with law enforcement druq cases. He observed that the balance in the trust fund could only be spent by special request by the Police Chief to the Villaqe Council. There were no comments from the public reqarding the proposed budget. Vice Mayor Burckart suqgested that the centralized qarage should be looked at to see whether not spending that amount of money could eliminate the tax increase. 8) Adopt3on of Tentative Village Budqets: � I�otia� was made by Councilap.i�r Collinqs to adopt on first hearinq the Tentative Villaqe Bu,dqet for Fiscal Year 1994/95. 8otion was sec�onded by Vice Hayor Burckart. The vote on the motion vas: Ron T. �ackail - for �/illia� S. �kart - for � Blfaabeth a. Schaner � - for Sarl L. Cblli� - for The sotian was therefore passed and adopted. Villaqe I�anaqer Bradford announced that the second hearinq on the budg+et would be Septeaber 22, 1994 at 9 P.g.. • At the conclusion of �,qenda Itea VIII, Village Attorney Randolph advised the Village Council that the Budqet item needed to be revisited since Finance Director Rascavelis had brouqht to his attention that the Village Council should have first made a motion to adopt the proposed tentative millage rate and then should have made the �tion to adopt� Villaqe Council Meeting Kinutes August 30, 1994 Paqe 7 ------------------------------- the tentative budqet. Upon thie ac�vice, tAe followinq occurred: Blotion �ras �ade by Council�eabet Scbawer to adopt the proposed aillaqe rate of 6.1280 and percent (2.92�j by which the Proposed �iillaqe Rate exceeds the Rolled-Hack trlillaqe Rate (5.9541) for Fiscal Year 1994/95. 1Kotion was seconded by Councilme�ber Collinqs. The vote on the �otion �as: Ron T. l�ackail - for l�Tilliaa 8. BurGkart - for 131izabeth A. Schauer - for $arl L. Collings - for The motion was therefore passed and adopted. lYiotion was sade by Councilaeaber Sahaner to adopt on first hearinq the Tentative Villaqe Sudqet for Fiscal Year 1994/95. l�iotion was seconded by CouncilmE�ber Collinqs. The vote on the motion was: Ron T. ll�ackail - for Willias 8. Burckart - for $lizabeth a. Schauer - for Earl L. Collinqs - for � The sotion was therefore passed and adopted_ V. QONSENT ]!G� All items listed with an asterisk (*) aze considered to be routine and will be enacted by one motion. There will be no separate discussion of these items unless a Village COunciimeabeir so requests, in which eve.nt, the itea wi11 be re�►oved fro�a the Consent Aqenda of Business and cons3.dered in its nor�al sequence on the �qenda. VI. APPOI�S l,) Com�auiity l�lppea.ranc�e Board; June 29, 1994; *1) Consideration of Reappoint�ent of Buth �sitland as a x�eqular He�b�er of the Coaun3ty �ppearance Board for a Three-Year Ters �irinq an Septe�ber 8. 1997 . ( Staf f Reco�asends l�lpproval ) Village Council Keetinq Minute8 July 14, 1994 Page 8 ' Mayor Mackail read Consent i�qenda item to be approved: Itam VI (�,) ( i). Vice Kayor Burckart moved t.bat the Consent Agenda be approved as read by 1Kayor Mackail. Councilmember � Schauer seconded the motion. The vote on the motion wa�: Ron T. llackail - for Williaa $. Burckart - for Elizabeth ri. Schauer - for 8ar1 L. Collinq� - for The motion was therefore passed and adopted and the Consent Aqenda was approved as read. � VII. NEW BIISINESS l�l) Ordinance - First Readinq - A�endi.ng t�e Code of Ordinances at Chapter 11.5, Article II, Relatinq to the Operation of Heavy Trucks, at Section 1.5-13.1(b)(3) so as to Specifically Provide that Trucks Bnqaqed in Deliverinq Goods or Services to Destinati� Pofnts tiithin the Villaqe of Tequesta which are �sible os�ly by � usinq a Street or Streets Restricted to �i^nck Traffic by t�+;s Or�dinance may be Per�itted to sake Concurrent Deliveries of Goods or Services to Deskinatiaa Points outside the Corporate Liaits of the Vill�ge in the Bvent said Deliveri� are part of the Sase Trip: Prcvidinq for Severability; Providinq for 8epeal of Ordinances in Conflict; Providinq for Codificati�►; Providi.nq an Effective Date. (Staff rec�ends appraval). Village Attorney Randolph read the above Ordinance by title only on first reading. . villaqe l�ittorney Randolph explafned this Ordinance had been drafted to correct a loophole 3n the - present ordinance which indicated by its wording that anyone engaged in any delivery in the Villaqe of Tequesta could make concurrent deliveries by using the prohibited streets--which was not t�e intent of the original ordinance. Village rlanaqer Bradford reported the Police Chief in the process of enforcinq the ordinance had discovered this situstion and that it had been reviewed and recommended by the Public Safety Coa�ittee. I�otion was made by Counci� ���r Collinqs to approve the above referenced ordinance on first readinq. Vice lEayor Village Council Keeting Kinutes July 14, 1994 Paqe 9 -------------------- ---- Burc:,kart �ecot�ded the �otion. '1'he vote an the �otion a�as: Ron T. ltackail - for Ti�illia� S. Burckart - for 131izabeth s. Schauer - for Earl L. Collira�s - for The motion was therefore passed and adopted. B) Resolution Ho. 23-93/94 -�rovinq a I�edical Directar �greement between the villaqe of Tequ�ta and Don Tanabe, K.D., Effective October 1, 1994, for the Purpose of Providinq the Required lriedical Director Services for the Villaqe of Tequesta Emergency lYiedical Service Systea Pursuant to Florida Statute 401.265 and l�iuthorizing the 1�iayor to �cecute the sa�e on Hehalf of the Villaqe of Tequesta. (Staff Rec�o�ends �pproval) Village Attorney Randolph read the above referenced Resolution No. 23-93/94 by title only. Fire Chief Weinand explained the Medical Director was required by State law in order for the Villaqe to assume ALS transport on January 1, 1995, and that Dr. Tanabe, �ho was very qualified in emerqency medicine, .would beqin his traininq in October or November. F3re Chief Weinand � explained that Dr. Tanabe had �rorked in St. MarX's Trauma Center, Jupiter Hospital ER, and previously ran emergency medical services in North Carolina. Councilme�ber Collinqs aade a aotion to approve the above referenced Resolution Ho. 23-93/94. �7wm+ci���r Scb�uer sevonded the aoti.aat. The vafie on tbe aotioa was: � Ron T. �ackail - for Ailliai 8. Hurckart - for Blizabeth �. Scbauer - for Rarl L.�Collings - for The �otion was therefore pas�ed sud adopted. VIII. UNFII�iISHED BIISII�iffiS l�i) Review of ffiTa08 Septic Tank Stndy for the Tequ�ta �rea and Consideration of Tequesta Participation in the�Saae. Villaqe Council Keetinq Minutes July 14, 1994 Paqe 10 �����������N��MM�N��N���N Villaqe Manaqer Bradford reported while he was on vacation that l�iayor Mackail had attended the �iugu�t ffi�iCON Board Meetinq where EI�ICON had taken it upon themaelves to authorize selection of an enqineering firm to do detafl work on their septic tank etudy on the Tequesta penninsula, and wanted to appoint Tequesta citizens to a citizens committee to oversee the septic tank study. � Mayor Mackail had�received a lett�er dated August 8, 1994, from Sawyer Thompson, the Chair of the District, which - stated ENCON could not accept the preconditions that Tequesta's Villaqe Council had applied to Tequesta's participatioa. Villaqe l�tanaqer Bradford stated that ENCON may want Teqesta to participate in fundinq the study and because they have not provided an indication as to their methodolagy and approach to the study, Tequesta is not aware whether citizens froa the neiqhborhoods affected would have any meaninqful iole within the study; also ENCON is not willinq to co�it to the gravitx sewer system which they had previously indicated would be the first choice. Villaqe Manaqer Bradford therefore recommended a letter � sent to ffidCON statinq that 1) Tequesta is not able to endorse or participate in their septic tank study and therefore Tequesta does not recognize the study; 2) because they had failed to accept the conditions put forth by the Villaqe Council that any recommendations of their study will be of no value to the Villaqe of Tequesta and its findinqs and recommendations relative to a centralized sewer system shall be ignored since nothing causes Tequesta to adhere to those findings,� and 3) that in the event their study should recommend a central sewer system that is unacceptable that Tequesta will aqressively fiqht the per�ittinq and implementation of such a syste� at each step of the way, and 4� in one last effort to reverse this. course, suqqest that !l�ayor l�ackail and the Board Chairman of ENCON m�t � one-onrone, or with staff if they so desire, to try to reverse this course of events. l�illso,,at the August meetinq, it was stated that the Board Chairman would . contact either the Villaqe or the li+iayor, which has not happened. �ayor Mackail stated he had asked for a two- week postpo�ent because the Village l+Ianaqer was out of town which was not honored, and stated his willingness to meet . �ith the Board Chairman. vice riayor Burckart observed the same people had been on the ENCON Board for several years and 'he suspected there Would be a way to work out these problems. Mayor Mackail �tated he felt a Villaqe Council Meetinq Minutes July 14, 1994 Page 11 very key iesue t�as that ENCON should qive �equesta the opportunity to deteraine the fundinq, to Which ffi+1CON had not responded. P►1. De,ott, 189 Golfview, stated his disappointmnet in the lack of contact by ENCON as they had stated at the meeting would be done. He stated that if ENCON's study were completed with the neiqhborhood committees which had hoped to oversee the study knew nothinq about the findinqs, that he feared another lawsuit. He stated he hoped that the neiqhborhoods affected by the possible sewers could oversee the study. Mayor l�ackail aqreed, and stated he felt the roles of the people involved must be defined. Village Manager Bradford responded to Councilmember Collings that $63,000 had been allocated by ENCON for the study and that Harbor Oceanographics' $57,000 bid had been accepted by ENOON to do the enqineerinq. Villaqe Manager Bradford voiced concern that ENCON had selected a consulting engineer to do the study which will be overseen by a technical advisory committee which� could possibly consist of representatives from enviromental requlatory agencies. Althouqh ENCAN had said they wanted a citizen•s co�ittee, their statement that they inte�ed to keep an arm's length away from the technical advisory committee could mean ENCON would only qo through the motions of having citizen- participation while tecbr►ical bureaucrats . run the study so that no one can qet to them to monitor their methodology. Whether this scenario is actually what ENCON plans to do is unkno�m since no one has offered any explanation as to how they intend to proceed. Council�er Collinqs aade a�otion that the Villaqe Cour�il �gr� to ha.a�e viliac�e I�'anaqer Bradford �rite a letter to BNOO� in acxordance wfth his suqqestic�s referenc�d above to be sent as qafc�cly as p�ssible. Counci].aeaber Schauer seconded the aotion. The vote on the �otion was: Ron T. �sckail - for 1lilliai B. Burckart - f� 8lizabeth l�i. Schaner - for Earl L. Collinqs - for The �otion was therefore passed and adopted. Villaqe Council Keeting Minutes July 14, 1994 Paqe 12 �������������N�N����� N��� I A • � � �� Mayor Mackail requested discussion of the R-3 Zoninq District. Buildinq Official Scott D. Ladd explained that the inventory study he had been workinq on revealed that all of the existing condominiums on the beach, which number a total of 12, were all non-conforming accordinq to the current zoning code. As a result, in the event of a hurricane which would wipe them out, none of the buildinqs could be rebuilt according to their oriqinal plans, but would have to comply with the current zoning code. In response to Mayor Mackail's question as to what position that would place the Village in, Building Official Ladd stated that FEMA nationally has been fighting development on the be�chfront and were against replacing beachfront buildinqs since they had a very good chance of being blown away aqain; that both FE!!A and the S�ate of Florida were looking at strengthening their position with reqard to not rebuildinq on the beach--the state by determininq where the Coastal Control Setback line should be. Since the Villaqe•s own buildinq code would not allow the buildings to be rebuilt, the Villaqe was really helpinq FEMA at this point. Mayor Mackail recommended buildings be allowed to equal the maximum heiqht or stories of the existinq buildinqs, and that consideration be qiven to alterinq the setback requirements to accommodate covered landscapinq or parkinq structures within the front setback of the buildinq to help the Villaqe take care of non-conforminq buildinq for the existinq residents and to help the Villaqe in the lonq-term approach of attractinq possible annexations into the Village. Buildinq Official Ladd explained that Palm Beach County now has an unlimited buildinq heiqht which is site specific It was the consensus of the Villeqe Councfl to direct staff to consider a zoninq chanqe to brinq the noa- confor�i.ng properties into compliance, lookinq at the best scenario for the Villac�e, and to properly notify the� residents of Beach Road. Villaqe Attorney Randolph advised that first a draft ordinance should be considered by the Villaqe Council and if approved then a quarter-paqe ad would ,be placed in the newspaper and two public hearinqs advertised. Vice Mayor Burckart requested that every condominiun president be sent a copy of the ordinance by reqistered mail. He stated the tax increase that would be needed to compensate for the loss of the buildinqs alonq the beach should also be remembered. After discussion, it was the consensus of the Villaqe Council that staff prepare a villaqe Council Meeting Minutes July 14, 1994 Paqe 13 draft ordinance for Council�s review at their next meetinq alonq with backup information to justify and explain the . ordinance, and that ff approved by the Villaqe Council that copies be sent via registered mail to each of the condominium presidents. Pil De�iott stated that there is a Beach Road Association which represents � the other condominiums, and that they should.also receive a copy, to which the Council agreed. � X. �OliIC1�lTION F3t0� CITIZENS Jack Downey, President of Island House Southwest, updated the Village Council since he spoke to them on July 20, 1994 concerning the study he had instituted at Island House Southwest, stating he had received 20 responses in favor of restrictinq the townhomes at the Cliveden development and �one neqative response. Also he stated there has' been a complete shift in position by three of the four condos that had originally banded together to oppose the development. Joan I�Iarshall commented the State would like to move the Coastal Construction line back to where it would be 100 � years in the future, which would mean nothing would be rebuilt. • XI . l�iD.TOURI�II��lIT Co�mcil�ea�ber Colli.nqs soved that the aeetinq be ad journed. Co�mcilie�ber Schauer seconded the sotion. The vote on the motion was: Ron T. gackail - for Nilliai $. Burc�rt - for 8lizabeth li. Schanet - for $arl L. Callinqs - for the �otion was therefore passed and adopted arid the �eetinq was adjourned st 8:44 P.�I. Respectfully submitted, Betty Laur Recording Secretary . . Village Council I�ieetinq Minutes July 14, 1994 Paqe 14 ------------------------------- ATTEST: Joann Manganiello Village Clerk DATE APPROVED: