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HomeMy WebLinkAboutMinutes_Regular_09/09/1999 VILLAGE OF TEQUESTA Post Office Box 3273 250 Tequesta Drive • Suite 300 Tequesta, Florida 33469-0273 (561) 575-6200 Fax: (561)575-6203 VILLAGE OF TEQUESTA VILLAGE COUNCIL MEETING MINUTES SEPTEMBER 9, 1999 I. CALL TO ORDER AND ROLL CALL The Tequesta village Council held a meeting at the village Hall, 357 Tequesta Drive, Tequesta, Florida, on Thursday, September 9, 1999. The meeting was called to order at 7:06 P.M. by Vice Mayor Carl C. Hansen. A roll call was taken by Betty Laur, Recording Secretary. Councilmembers present were: Vice Mayor Carl C. Hansen, Councilmember Joseph N. Capretta, Basil Dalack, and Elizabeth A. Schauer. Also in attendance were: village Manager Thomas G. Bradford, Village Clerk Joann Manganiello, and Department Heads. village Attorney John C. Randolph arrived at 7:12 p.m. Mayor Ron T. Mackail was absent from the meeting. II. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Elizabeth A. Schauer gave the Invocation and led those in attendance in the Pledge of Allegiance to the American Flag. III. APPROVAL OF AGENDA Village Manager Bradford requested that the item regarding consideration of closure of Loxahatchee River Road be moved up to accommodate those present wishing to speak regarding Recycled Paper VILLAGE COUNCIL NESTING MINUTES September 9, 1999 PAGE 2 --------------- that item. Vice Mayor Hansen requested addition under Any Other Matters of Tequesta YMCA. Covncilmember Schauer made a motion to approve the Agenda as amended. Councilmember Dalack seconded the motioa. The vote on the motion was: Carl C. Hansen - for Joseph N. Capretta - for Elizabeth A. Schauer - for Basil Dalack - for The motion was therefore passed aad adopted and the Agenda was approved as amended. IV. COM~TJNICATION FROM CITIZENS Wade Griest, 494 South Dover Road, questioned the village's policy regarding landscaping maintenance of the Village right-of-way along roadways, and distributed photos of a location in litigation where the Village was currently cutting weeds. Mr. Griest commented he was surprised that the Village would do this, to which the Village Manager responded it was done due to the litigation and that this discussion should not continue at this time because of the litigation. Village Attorney John C. Randolph arrived at this point in the meeting at 7:12 p.m. Hattie Siegel, 498 Dover Road, requested permission to speak regarding the village Attorney's office raising their rates and expressed her opinion that the village Attorney had mislead the Village in certain instances and had given bad advice. • V. PUBLIC HEARINGS VILLAGE COUNCIL MEETING MINUTES Septeanber 9, 1999 PAGE 3 --------------- A) Review of Proposed village General Fund, Improvement Bond Revenue Fund, Community Development Special Revenue Fund, Capital Improvement Fund, Capital Projects Fund, Bond Construction Fund, water Enterprise Fund, Refuse and Recycling Enterprise Fund, Stormwater Utility Enterprise Fund, Pension Fund(s) and Special Law Enforcement Trust Fund for Fiscal Year 1999/2000. 1) Announcement of Village of Tequesta Proposed Millage Rate (6.7305) and Percent (2.820 by which the Proposed Millage Rate Exceeds the Rolled-Back Millage Rate (6.5460) The Village Manager announced the Village of Tequesta Proposed Millage Rate (6.7305) and Percent (2.82~k) by which the Proposed Millage Rate Exceeds • the Rolled-Back Millage Rate (6.5460). 2) General Fund Village Manager Bradford provided a synopsis of the General Fund, as follows: Revenue from Taxes $3,280,600; Licenses & Permits $10,665; Inter- Governmental $633,395; Charges for Services $277,993; Fines and Forfeitures $56,000; Miscellaneous Revenue $93,670. Non-Revenue: Inter- Fund Transfers $444,555; Intergovernmental $247,811. Total Revenue $5,044,689; Fund Balance as of 10/1 estimated to be $1,205,365. Expenditures of the General Fund: Council Operating Expenses $24,476; Manager's Office: Personal Services $241,587, Operating Expenses $18,660, Capital Outlay $2,900. Personnel Division $57,681; Clerk's Office $36,475; Finance Department $229,510; Legal Services $115,000. Other General Government $646,917; Total General Government $1,373,206. Police Department Expenditures Administration Division $310,845. Communication Division Expenditures $225,415. Compliance VILLAGE COIINCIL MEETING MINUTES September 9, 1999 PAGE 4 --------------- Inspection Division $85,525. Investigative Division Expenditures $72,215. Patrol Division Expenditures $953,025. Total Police Department Expenditures $1,647,025. Emergency Disaster Relief - Civil Preparation $7,668; Fire Rescue Service $1,055,289; EMS Division $234,558; EMS Transportation $43,090. Fire Rescue Department Total $1,332,937. Total Public Safety $2,987,630. Public Works Department $382,822; Health Services $4,850; Culture/Recreation $272,209; Non- Expenditures for Other Financial Uses $40,628. Total Expenditures in the General Fund $5,061,345. 3) Improvement Bond Revenue Fund Village Manager Bradford reviewed the Improvement Bond Revenue Fund, a fund used for accounting purposes to account for revenues pledged in the 1994 Revenue Bond Issue used for major improvements within the Village: Franchise Fees $363.615; Licenses & Permits $82,000; Miscellaneous Income $1,700; Inter-Fund Transfers $60,300; Expenditures $507,615; Total Revenue and Fund Balance $568.016. 4) Community Development Special Revenue Fund Village Manager Bradford reviewed the Community Development Special Revenue Fund: Licenses & Permits $244,600; Inter-Governmental $15,000; Governmental Services $23,300; Miscellaneous $37,700; Non-Revenue Transfers $59,100; Total Revenue $379,700; Reserves $822,476. Expenditures in the Fund were Administrative Division $85,679; Protective Inspections Division $203,396; Inspection Division $52,562. Total Building Department Expenditures $341,637. • 5) Capital Improvement Fund VILLAGE COUNCIL MEETING MINUTES September 9, 1999 PAGE 5 --------------- village Manager Bradford explained that the Capital Improvement Fund was used to account for major capital outlays not related to the Utilities Department. Revenues in the fund were Miscellaneous $7,300 and Inter-Fund Transfers $237,500. Total Revenue $244,800; Fund Balance as of 10/1/99 $28,210. Expenditures: Annual Paving Projects (Carryover) $39,350; Seabrook Road Improvements South (Carryover) $25,000; Country Club Drive Landscaping $60,000; Swale Construction $70,000; Seabrook Road South Design $5,000; Seabrook Road Pathway South (Carryover) $19,000; Total Revenue and Fund Balance $273,010. 6) Capital Projects Fund • Village Manager Bradford explained that the Capital Projects Fund was created to account for preliminary expenditures associated with the Public Safety Facilities project and the Central Business District Redevelopment activities of the Village. Revenues from Other Financial Sources $2,603,586; Fund Balance on 10/1/99 $1,778,095. Expenditures for Capital Outlays for Central Business District Redevelopment $675,000; Architectural & Engineering $101,250; Contingency $67,500. Total Capital Outlay relative to the Public Safety Facilities $1,496,980. Debt Service to be paid by the Village $262,856. Total Expenditures $2,603,586. 7) Bond Construction Fund Village Manager Bradford explained that this fund was created to account for bond construction projects which had all been completed and that pending Village Council approval of this budget the fund would be closed during 1999/2000 since it was • no longer needed. VILLAGE COUNCIL • b~ETING MINUTES September 9, 1999 PAGE 6 --------------- 8) water Enterprise Fund Village Manager Bradford explained that the water Enterprise Fund was used to account for Water Utility operations. Revenues: Charges for Services $3,604,021; Miscellaneous Revenues $205,200; Non Revenue $2,410,366. Total Revenue $6,219,587. Net Working Capital on 10/1/99 $6,219,587. Expenditures: Pumping/Storage Division (which collects water at wells and transmits to water treatment plant)$1,569,012; Distribution Division (which oversees water from the plant to the customers' homes) $333,609; Office & Administration $659,310. Total Operating Expenses of the Water Enterprise Fund $2,561,931. Sinking Fund (created to pay Debt Service on Reverse Osmosis Plant) • $526,175. Renewal & Replacement $84,315; Capital Improvement $129,800; 1998 RO Bond Construction Capital Outlay $2,365,566; Other Financial Uses $336,800; Inter-Fund Transfers $215,000. Total Expenditures of the Water Enterprise Fund $6,219,587. Net Working Capital as of 10/1/99 $2,639,154. 9) Refuse and Recycling Enterprise Fuad Village Manager Bradford explained that the Refuse and Recycling Fund had been created to account for the revenues and expenditures associated with the Village's collection of garbage, yard waste, trash picked up twice a week for residences. Revenues were from assessments to residential properties, which were lower this year. Commercial properties were billed directly by Nichols Sanitation, based on dumpster size and frequency of pick-ups. Cubic yard tipping fee paid to Nichols had been reduced 385. • i) Single-Family Home Solid Waste Collection VILLAGE COUNCIL NBETING MINUTES September 9, 1999 PAGL 7 --------------- Services Assessment - $89.52 ii) Multi-Family Home Solid Waste Collection Services Assessment - $89.52 village Manager Bradford reviewed the revenues of the Fund: Refuse and Recycling Fees $220,427; Interest received from Palm Beach County Tax Collector $700; Miscellaneous Revenue $4,000; and Interest Income $2,050. Fund Balance $48,302. Expenditures: Solid Waste-Residential $103,467; Recycling $68,289; Yard Waste - Residential $35,179; PBC Tax Collector Fees $9,312; Miscellaneous $6,870; Administrative Management Fees $4,060. Total Expenditures $227,177; Fund Balance $48,302. 10) Stormwater Utility Enterprise Fund Village Manager Bradford explained that the Stormwater Utility Fund had been created several years ago to meet State and Federal mandate requirements: National Pollutant Discharge Elimination Permitting Program, to provide funds to build new flood control systems, to repair existing flood control systems and effect repairs to the systems. i) Equivalent Residential UnittERU)Assessment* - $77.75 *One ERU is 3,576 square feet of impervious surface. village Manager Bradford explained that this assessment represented approximately 4.5~ increase over last year. A small single family unit would be assessed $50.54; a medium • single family unit $77.75; and a large single family unit $101.08. A multi-family unit VILLAGE COUNCIL MEETING MINUTES Septeaaber 9, 1999 PAGE 8 --------------- $65.31; condominium units $52.09, and commercial, industrial and governmental properties would be assessed based upon the square footage of impervious area divided by the square footage of an ERU. Revenues in the Fund were $250,800 from Stormwater Utility Fees; Interest Income $10,500; Dover Ditch Jupiter Reimbursement $3,840; Transfer from General Fund $16,656. Total Revenues $281,796; Fund Balance Allocation $90,000; Fund Balance on 10/1/99 $314,408. Expenditures for Personal Services $21,991; Operating Expenses $63,875; Capital Outlay - Fairview Drainage Modification $43,630; Golfview Drive Drainage Repairs $50,000; Country Club Drive Drainage Extension $42,000; Bridge Road Drainage • Improvements $90,000. Transfer to the Improvement Bond Revenue Fund $60,300. Total Expenditures $371,796. 11) Pension Fund(s) The Village Manager explained that there were three pension funds: Fire, Police, and General Employees. Revenues for the Firefighters Pension Fund came from interest earnings, insurance premiums from the State of Florida, and employer and employee contributions. Total Revenue was $302,659 with a Fund Balance of $1,023,102. Expenditures of the Fund were for operating expenses for professional services totaling $23,040. The General Employees Pension Fund, created January 1, 1996, was for a much smaller number of people. Total Revenue $38,508; Fund Balance $60,816. Expenditures: Operating Expenses for Professional • Services $768. VILLAGE COUNCIL • MEETING MINZJTES September 9, 1999 PAGE 9 --------------- Village Manager Bradford explained that revenue sources for the Police Pension Fund were from interest earnings, insurance premiums from the State of Florida, and employer and employee contributions. Total Revenues: $71,530; Fund Balance $119,454; Professional Services Expenditures $1,792. 12) Special Law Enforcement Trust Fund The village Manager explained that expenditures from the Special Law Enforcement Trust Fund could only be used upon special request by the Police Chief. Source of funds for this Trust Fund, totaling $6,675, were derived from consfication during drug busts. 13) village Council Comments Councilmember Dalack commented that staff's recommendation would have to be relied upon regarding accepting the budget. Councilmember Dalack commented regarding expenditures for capital outlay for the Central Business District that he was not enamored of the Village's involvement with JMZ Tequesta Properties and the expenditure of almost $1 million in addition to the $1-1/2 million already spent, but that the Village was stuck with it. At the request of Councilmember Capretta, village Manager Bradford reported that village income was up approximately $108,000 this year and that expenditures would drop approximately $47,000. Number of employees would increase by one--relative to RO plant operation. Councilmember Capretta noted that income would increase for next year • because of new building and that the assessed value of the Village would approach $500 million within a VILLAGE COUNCIL • MEETING MINUTES September 9, 1999 PAGE 10 --------------- couple of years. Councilmember Capretta explained that the Village could now afford to float municipal bonds to build new municipal facilities for the Village and pay them off. Councilmember Capretta explained that the village was now in very good financial shape with very little debt. Village Manager Bradford announced that property tax bills should not increase more than 1.3~ because of the Save Our Homes cap. Vice Mayor Hansen commented that the Village had budgeted an adequate amount to keep up with infrastructure. Councilmember Capretta announced the new post office would open October 12, 1999. S 14) Public Comments Betty Nagy questioned whether the Village had adequate police personnel to service the large number of new residents. Police Chief Allison responded that one new officer had been hired and placed on bicycle patrol in the new developments. Russell von Frank, 489 Dover Road, commented he had returned after three months to find nothing had changed. Mr. Von Frank questioned what happened regarding the stormwater assessment when a person covered their property with a material that water could not penetrate. village Manager Bradford responded that assessments were based on permanent structures and that a yard covered in tar paper would not be calculated as impervious area to arrive at an assessment. 15) Adoption of Proposed Millage Rate: Ordinance No. 544 - First Reading - An Ordinance of the Village Council of the Village of Tequesta, VILLAGE COIINCIL • MfsETING MINOTES September 9, 1999 PAGE 11 --------------- Palm Beach County, Florida, Providing for Levying a Millage Rate of $6.7305 per $1,000.00 of Taxable Valuation for the Fiscal Year 1999/2000; Providing an Effective Date. (Staff Recommends Approval) Village Attorney Randolph read Ordinance 544 on first reading. Councilmember Schauer made a motion to approve Ordinance No. 544 on First Reading. Councilmember Capretta seconded the motion. The vote on the motion was: Carl C. Hansen -for Joseph N. Capretta - for Elizabeth A. Schauer - for • Basil Dalack - for The motion was therefore passed and adopted. 16) Adoption of Tentative Village Budgets: Ordinance No. 545 - First Reading - An Ordinance of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Providing for the Adoption of the Budgets for the Fiscal Year Commencing October 1, 1999; Providing an Effective Date. (Staff Recommends Approval) village Attorney Randolph read Ordinance No. 545 on First Reading. Councilmember Dalack objected to wording that hearings had been held on September 9 and on September 21, which had not yet happened. Village Attorney Randolph explained that the wording would be correct upon second reading of the Ordinance. Couacilmember Schauer made a motion to approve Ordinance No. 545 on First Reading. Councilmember VILLAGE COUNCIL • MEETING MINOTES September 9, 1999 PAGE 12 --------------- Capretta seconded the motion. The vote on the motion was: Carl C. Hansea - for Joseph N. Capretta - for Elizabeth A. Schauer - for Basil Dalack - for The motion was therefore passed and adopted. 17) Aanouncemeat of Date, Time aad Place of the Final Budget Hearing, - Tuesday, September 21, 1999 at 7:00, P.M. is the Village Hall Council Chambers, 357 Tequesta Drive, Tequesta, FL. vice Mayor Hansen made the above announcement. B. Review of Proposed Developers Agreement Between JMZ Tequesta Properties, Inc. aad the village of Tequesta Relative to the Tequesta village Center Master Site Plan. 1) Resolution of the Village Council of the village of Tequesta, Palm Beach County, Florida, Approving A Developers Agreement Between JMZ Tequesta Properties, Inc. and the village of Tequesta Relative to Tequesta Village Center Master Site Plan and Authorizing the Village Manager to Execute the Same on Behalf of the Village.(Staff Recommends Approval) (To be Voted on at the Second Public Hearing - Tuesday, September 21, 1999) Village Manager Bradford explained that the Village Code required two public hearings of a developer s agreement before adoption, and at the August 12, 1999 meeting the Village Council had directed staff to bring the developers agreement back to them for consideration. Director of Community Development Scott D. Ladd VILLAGE COUNCIL . MEETING MINUTES September 9, 1999 PAGE 13 --------------- explained that staff and the developer, JMZ Tequesta Properties, Inc., had met and agreed upon conditions to be inserted into the developers agreement, and the agreement was now before the Village Council for any changes so that the agreement could be presented in final form at the September 21, 1999 village Council meeting. Councilmember Schauer stated she was in agreement with Item 5 which stated no parking of large trucks--which would eliminate anyone staying overnight. Councilmember Schauer questioned whether everyone was in agreement with the requirement that all future buildings be in keeping with the architectural style of Building A. Mr. Ladd confirmed that all parties were in agreement. Councilmember Schauer questioned what had been done • regarding enclosing newspaper vending machines. Mr. Ladd stated regulating how they were enclosed would not violate the First Amendment and that although a drawing had not been presented, staff would review the proposed enclosure. Village Manager Bradford advised that a statement could be included in the agreement. Mr. Ladd advised that a statement would be included for the second hearing that would require the newspaper vending machines to be contained within a structure which was in keeping with the architectural style of the project. Councilmember Capretta requested a status report on the first building, to which Mr. Ladd responded that the Developer was waiting for final approval of the Developers agreement on September 21, that meetings between the architect and Village personnel had taken place, and that it was assumed the permit review process would begin shortly. Mr. Ladd explained that construction of the first building could begin in late October or early November, and was expected to take approximately one year to complete. vice Mayor Hansen questioned . why civic and cultural uses listed as special VILLAGE COtTNCIL • MEETING MINUTES September 9, 1999 PAGE 14 --------------- exception uses rather than permitted uses when those uses had been intended from the beginning. Mr. Ladd responded that in the Mixed Use Zoning District civic and cultural uses were special exception uses. village Attorney Randolph explained that his office was working on putting this Developer's Agreement in final form, and that comments made at this meeting would be incorporated into the final document to be considered at the second public hearing. Village Manager Bradford questioned whether the Section 5 item regarding no parking in the Village right-of-way by tenants and their employees was sufficient to keep merchandise vehicles off of the public right-of-way. Mr. Ladd advised that Section 16 also prohibited parking in the right-of-way. Village Manager Bradford • commented that the management of the Tequesta Village Center could end up being four or more property owners, and questioned whether Section 9 was intended to have agreement of all the property owners to hold outdoor events. Mr. Ladd advised that had been the intent. The Village Attorney advised that references to management in the agreement should then be changed to property owners. Village Manager Bradford questioned what constraints existed for the type of temporary signage to be allowed during construction. Village Attorney Randolph advised that language stating signage would be subject to approval of the Village could be used rather than providing all signage details within the agreement. village Manager Bradford questioned whether language in Item 15 regarding exfiltration trenches was normal wording, to which Mr. Ladd responded affirmatively. Village Manager Bradford questioned Item 16, which stated that no vehicle advertising a business or profession could be parked within the Village • right-of-way and those vehicles must be parked at the farthest parking spaces along the east and west VILLAGE COUNCIL • MEETING MINUTES September 9, 1999 PAGE 15 --------------- sides of the Master Plan areas. It was clarified that this condition was intended to apply to all vehicles and that workmen could drop off items and then park in the farthest places, or park at the back of the building. Village Manager Bradford suggested the following wording to clarify the intent: business owners and/or tenant vehicles for business owners and tenants located within the Tequesta Village Center. 2) Announcement of Date, Time and Place of the Second Public Hearing to Consider Approval of the Developer s Agreement Between JMZ Tequesta Properties, Inc. and the village of Tequesta Relative to the Tequesta village Center Master Site Plan - Tuesday, September 21, 1999, at 7:00 p.m. in the Village Hall Council Chambers, 357 Tequesta Drive, Tequesta, FL Vice Mayor Hansen made the above announcement. VI. CONSENT AGENDA All items listed with an asterisk (*) are considered to be routine and will be enacted by one motion. There will be no separate discussion of these items unless a village Councilmember so requests, in which event, the item will be removed from the Consent Agenda of Business and considered is its normal sequence on the Agenda. Vice Mayor Hansen read aloud the following Consent Agenda items: VII. APPROVAL OF MINUTES AND REPORTS *A) Board of Adjustment Meeting Minutes, May 17, 1999; • *B) Special Master Hearing Minutes, June 24, 1999; *C) Community Appearance Board Meeting Minutes, July VILLAGE COUNCIL • MEETING MINUTES September 9, 1999 PAGE 16 --------------- 14, 1999; *D) Village Council Meeting Minutes, August 12, 1999; *E) Village Managers Report: Auqust 9, 1999 to September 3, 1999 IX. NEW BUSINESS *B) Resolution No. 49-98/99 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Awarding Bid to Coast Line Marking, Inc. , of Ft. Lauderdale, Florida, for Striping of Tequesta Drive in the Amount of $6, 070, Having a FY 1999 General Fund Budget Allocation of $6,100, and Authorizing the Village Manager to Execute the Applicable Contract on Behalf of the Village. (Staff Recommends Approval) • *C) Resolution No. 50-98/99 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Approving a Proposal From Laser Technology, Inc., Englewood, Colorado, in the Amount of $12, 390 for a Speed Monitoring Trailer With a Statistical Hardware/Software Package, Having a FY 1999 Budget Allocation in the Amount of $26, 979, and Authorizing the Village Manager to Execute the Applicable Contract on Behalf of the Village. (Staff Recommends Approval) *.D) Resolution No 51-98/99 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Approving a Proposal From Smith and Wesson, Springfield, Massachusetts, in the Amount of $985 for a 27 Speed Police Bicycle, With Funds Being Appropriated from the Special Law Enforcement Trust Fund, Having a FY 1999 Budget Allocation in the Amount of $7, 490.54. (Staff Recommends Approval) • *E) Resolution No. 52-98/99 - A Resolution of the VILLAGE COUNCIL • MEETING MINUTES September 9, 1999 PAGE 17 --------------- Village Council of the Village of Tequesta, Palm Beach County, Florida, Approving an Annual Price Index Rate Adjustment of 1.07$ for the Rates and Charges Included in Chapter 18 of the Village Code of Ordinances, Said Rate Adjustment to be Effective on A11 Bills Rendered on or After October 1, 1999, to Be Adjusted Each Fiscal Year; Providing an Effective Date. (Staff Recommends Approval) Motion was made by Councilmember Schauer to approve the Consent Agenda as submitted. The motion was seconded by Councilmember Capretta. The vote on the motion was: Carl C. Hansen - for Joseph N. Capretta - for Basil Dalack - for Elizabeth A. Schauer - for The motion was therefore passed and adopted. VIII. DEVELOPMENT MATTERS A) Consideration of variance Application for 10' High Chain Link Fence Around Tennis Court at Lighthouse Cove Apartments, in lieu of 6' Maximum Allowed by Zoning Ordinance. {A Quasi-Judicial Hearing) 1) Swearing-In of Witnesses, if Required Village Clerk Joann Manganiello swore in all those wishing to speak on this matter. 2) Disclosure of Ex-Parte Communications A poll of the Village Council revealed no ex-parte communications. • 3) Testimony of Witnesses and Cross-Examination, if VILLAGE COUNCIL • MEETING MINUTES September 9, 1999 PAGE 18 --------------- Any Director of Community Development Scott D. Ladd provided an overview of the request, explaining that the request was for a chain link fence of 10' in height around the tennis court and that Village code limited height of fences to 6'. Mr. Ladd stated it was not uncommon to have 10' high fencing around tennis courts. Jessica Niagro, Project Manager for Lighthouse Cove Apartments, made the request. Councilmember Schauer noted that the original approved plan for the tennis court showed six lightposts, and only four were shown on the detail drawing. Mr. Louie Lamar, representative for the applicant, explained that the electrical engineer had chosen a type of light fixture to • spread the light using only four light posts. Discussion ensued regarding requiring a condition that the tennis court lights not be on after 10 p.m. The applicant stated no objection. Councilmember Capretta referred to a brochure for the project which advertised as amenities lighted tennis courts, volleyball, and basketball. Mr. Lamar explained that the tennis court was intended for multiple uses. Councilmember Capretta commented that current landscaping had not progressed very far when the first building was expected to be ready for occupancy the beginning of October. Mr. Lamar expressed the intention of the project being ready for occupancy within approximately 30 days, and explained that there would be five full-time employees on the project. 4) Notion to Approve/Deny variance Application Councilmember Capretta made a motion to approve the variance Application for 10~ high chaia link fence • around the tennis court at Lighthouse Cove Apartments. Councilmember Schauer seconded the VILLAGE COUNCIL • MEETING MINUTES September 9, 1999 PAGE 19 --------------- motioa with the condition that lighting at the tennis courts cease at 10 p.m. Councilmember Capretta stated he did not like the village making rules inside a gated community and felt that the owners of the property could make that rule. Councilmember Capretta stated he did not wish to hinder the property owners' flexibility. The other Councilmembers agreed. Councilmember Schauer withdrew her stipulation. The vote on the motioa was: Carl C. Sansen - far Joseph N. Capretta - for Basil Dalack - for Elizabeth A. Schauer - for • The motion was therefore passed and adopted. B) Consideration of Request for Erecting Permanent Identification Markers within the village of Tequesta Right-of-way Along Country club Drive and the Modification of the village of Tequesta/Martin Couaty Entrance Marker to Include Identification Signage for the Subdivision and Consideration of a variance Application for Permanent Identification Markers within the village of Tequesta Right-of-way Along Country Club Drive, height of 7~-1.5" in lieu of 6' Maximum Allowed by Zoning Ordinance for a Subdivision, Tequesta Country Club Community. to Quasi-Judicial Hearing) 1) Swearing-In of witnesses, if Required Village Clerk Joann Manganiello swore in all those wishing to speak on this matter. 2) Disclosure of Ex-Parte Communications • A poll of the Village Council revealed no ex- VILLAGE COUNCIL . b~ETING MINUTES September 9, 1999 PAGE 20 --------------- 3) • parte communications Hansen, who stated he materials presented. except by Vice Mayor had seen a lot of the Testimony of witnesses and Cross-Examination, if Any Director of Community Development Scott D. Ladd reviewed the request from the Tequesta Country Club Community Association, applicant, which was to add additional markers along Country Club Drive, increase the size of the markers, and add two markers for the Country Club onto the common wall installed by the village at the Martin County border and enlarge the wall to accommodate the signage. Mr. Ladd explained that staff recommended that the applicant enter into a standard right-of- way agreement upon approval. Pat Hartley, representative for the applicant, reviewed the request and described the placement of the current markers which it was believed created a feeling of division in the community. The new markers were intended to create a more encompassing sense of community for the homeowners along Country Club Drive who belonged to the Tequesta Country Club Community, and would be placed at the actual entrances to the Community. A single marker was proposed on the west right-of-way just south of 115 Country Club Drive ten feet from the edge of the pavement. This marker was to be a three square-foot pillar with two four- foot wing walls at right angles, and would cover the area where the Community was along one side of the road. The second marker would be between the two parking lots of the Country Club at the point where the Community began on VILLAGE COUNCIL • MEETING MINUTES September 9, 1999 PAGE 21 --------------- both sides of Country Club Drive. This entrance would consist of structures on both sides of the road, each with a 3-foot square pillar and a 64° wing wall. The middle marker was requested to be as large as possible for the area. The applicant proposed to modify the outer pillars at the Martin County Line from a 16~~ face to a 24~~ face in order to accommodate signs. The applicant explained that there was a potential issue of private use of public facility at the Martin County Line location and offered the following comments: (1) this was the only Village of Tequesta marker located at an entry to a residential community; and (2) to avoid any conflict, TECCA would be willing to lease the • space from the Village on an annual basis. The only other option for placing an entrance marker at this location would be to construct an entirely new marker just inside the existing Village marker, which was felt would not be aesthetically pleasing and could be confusing. Signage on all the pillars would be the same as at the south gate, but the Martin County Line signs would be slightly smaller. Mrs. Hartley explained that the Village would incur no expense for any part of this project; and that the benefits of the proposal were that the markers would correctly identify the boundaries of the Country Club Community and unite the residents, and would compliment the Village's traffic-calming efforts on Country Club Drive by emphasizing to drivers that they were entering a residential community. Councilmember Schauer requested further clarification of the signage at the Martin County Line, to which Village • Manager Bradford responded that the sign in the median was not proposed for alteration, VILLAGE COUNCIL • MEETING MINIITES September 9, 1999 PAGE 22 --------------- • and the two wall signs would be enlarged to provide space for identification for the Country Club Community. Director of Community Development Scott D. Ladd clarified that there was a hold harmless agreement as well as a second agreement containing hold harmless language and also maintenance language. Councilmember Dalack questioned whether the markers would create any safety hazards. Mr. Ladd responded that there would be no safety hazards, that DOT requirements had been met, and that the applicant would provide insurance. Vice Mayor Hansen expressed his opinion that the markers would contribute to traffic calming. Councilmember Dalack stated that both he and Vice Mayor Hansen were members of the Tequesta Country Club Community Association and questioned the Village Attorney as to whether there was any problem with them voting on this matter. village Attorney Randolph stated there was no problem. 4) Motion to Approve/Deny Permanent Identification Marker Request Councilmember Schauer made a motioa to approve the permanent identification markers within the Village of Tequesta right-of-way along Country Club Drive and the modification of Tequesta/Martia County entrance marker as requested. There were no commeats from the public. Couacilmember Capretta seconded the motion. The vote on the motion was: • Carl C. Haasea - for Joseph N. Capretta - for Basil Dalack - for Elizabeth A. Schauer - for • VILLAGE COUNCIL MEETING MINUTES September 9, 1999 PAGE 23 --------------- 5) C] The motioa was therefore passed aad adopted. Motioa to Approve/Deny Variance Application Councilmember Schauer made a motion to approve the variaace application for permanent identification markers within the Village of Tequesta right-of-way along Couatry Club Drive with height of 7-1.5p in lieu of 6' maximum allowed by Zoaing Ordinance for a Subdivision. Councilmember Capretta seconded the motioa. The vote oa the motion was: Carl C. Hansen - for Joseph N. Capretta - for Basil Dalack - for Elizabeth A. Schauer - for The motion was therefore passed and adopted. 6) vice Mayor Hansen read Resolution No. 53-98/99 - a Resolution of the village Council of the Village of Tequesta, Palm Beach County, Florida, Approving a Hold Harmless Agreement Betweea the Village of Tequesta and the Tequesta Country Club Community Association, Iac., and Authorizing the village Maaager to Execute the Agreement on Behalf of the Village. (Staff Recommends Approval) Couacilmember Schauer made a motion to approve Resolution No. 53-98/99. Councilmember Capretta seconded the motion. The vote on the motion was: Carl C. Hansen - for Joseph N. Capretta - for • Basil Dalack = for Elizabeth A. Schauer for VILLAGE COUNCIL • STING MINUTES September 9, 1999 PAGE 24 --------------- The motion was therefore passed and adopted. H) This item was heard at this point in the meeting as approved under agenda item III - Approval of Agenda. Consideration of Request of the Loxahatchee River Road Communities Coalition to Support, or Not Object To, Temporary Closure of Loxahatchee River Road at the Martin County Line Until the Construction of the Nesters Corridor Has Been Completed. Village Manager Bradford explained that he had received a letter dated August 23, 1999 from Judith Daversa, Chair, Loxahatchee River Road Communities Coalition. The Coalition had been seeking temporary closure of Loxahatchee River Road with the intent of effecting some • action from Martin County to place the Western Corridor into their Comprehensive Plan, and the Coalition was requesting that the village either support or not object to their request for temporary closure of the roadway. Judith Daversa explained that Loxahatchee River Road Communities Coalition represented approximately 1,000 homes along Loxahatchee River Road, presently the only road connecting Martin County to Palm Beach County west of the Loxahatchee River. Ms. Daversa explained that the Coalition was requesting the support of the Village with a Resolution or a letter to help protect their neighborhood from all of the traffic not originating in their neighborhood. Ms. Daversa commented that during the 18-month mediation it had been agreed that Longshore Drive, Church Street, and Loxahatchee River Road would not function as an alternative to the Western Corridor. Ms. Daversa explained that the Palm Beach County MPO Director had written to the Martin County MPO Director requesting that Martin County address this access issue, and for the residents of Martin County to provide their • own means of transportation. The reply had been that the western corridor was not shown on their Thoroughfare • VILLAGE COUNCIL b~ETING MINUTES September 9, 1999 PAGE 25 --------------- Identification Map, that they had no plan now, and did not plan to have a plan. Ms. Daversa expressed the opinion that Martin County was hiding behind the Section 28 litigation, in which the only remaining issue to be addressed was punitive damages. Ms. Daversa explained that Loxahatchee River Road had everybody's traffic, and that the Coalition had obtained close to 700 signatures from Loxahatchee River Road residents requesting temporary closure at the Martin County Line to force Martin County to become involved in a problem they were helping to create. Ms. Daversa stated that if the Coalition could figure out another way to resolve this impasse that they would. Ms. Daversa commented that if this worked then there would be a western Corridor and the problem would be solved. Ms. Daversa read from a letter written by the Town of Jupiter staff to the Jupiter Mayor and Town Council supporting temporary closure of Loxahatchee River Road at the county line, stating it was reasonable to expect that the residents of Martin County living in this area would bring pressure on the Martin County Commission to actively pursue an alternative access for this area, namely, the Western Corridor, and it was reasonable to expect this would induce Martin County to become an active participant in planning and construction of the Western Corridor. Jupiter Staff requested their Town Council's support for the temporary closure of Loxahatchee River Road. In response to Vice Mayor Hansen's question of the length of time for the temporary closure, Ms. Daversa responded it would be for as long as it took to effect construction of the western Corridor. Attorney Marty Perry addressed legal aspects of the situation, and stated that there was access to U.S. One, and that this proposal was .supported by Palm Beach County Commissioner Karen Marcus. During discussion of available alternative routes, it was pointed out by Councilmember Capretta that traffic would be using Country Club Drive and therefore it was logical • that the Village should close Country Club Drive at the same time. Councilmember Capretta speculated that if VILLAGE COtTNCIL • FETING MINUTES September 9, 1999 PAGE 26 --------------- Country Club Drive were closed that Martin County would immediately file an injunction to have the roadways opened. Councilmember Schauer commented that although Jupiter staff supported the proposal that Jupiter had taken Longshore Drive off their Comprehensive Plan, so whatever happened on Loxahatchee River Road did not affect them. Ms. Daversa explained that the difference in what the Coalition was asking for on Loxahatchee River Road and what Jupiter was asking for with Longshore Drive was a temporary closure. Jupiter wanted to remove Longshore Drive permanently from their Thoroughfare Identification Map. Ms. Daversa commented she was encouraged by the Jupiter staff's position; however, the Jupiter Town Council had chosen not to take a stand. Ms. Daversa pointed out Loxahatchee River Road on the wall map, and explained that Loxahatchee River Road was not suited to bear all the traffic intended for the Western Corridor. Ms. Daversa requested, if not approval, at least a letter from the Village Council saying the Coalition was right. Vice Mayor Hansen commented that Jupiter Courier had quoted Martin County Commissioner Janet Gettig as saying that the traffic had always been a problem at this area but that Loxahatchee River Road and the other connectors there were under capacity rather than being at over capacity. Vice Mayor Hansen commented that Martin County's position had not changed over the past two years, and they still felt there were plenty of roads to take care of everyone. Councilmember Capretta questioned how the road would be closed, to which Ms. Daversa responded that discussions had been held with Palm Beach County Traffic Engineer George Webb, and that a possibility was a type of knock-down barrier so that emergency vehicles would be able to get through if necessary. The Vice Mayor commented that closing Loxahatchee River Road would result in a lot of traffic coming through Tequesta. Ms. Daversa commented that a great deal of the traffic would use County Line Road. • Councilmember Capretta commented that Country Club Drive i i should be closed at the same t me to prevent traff c VILLAGE COUNCIL • MEETING MINUTES September 9, 1999 PAGE 27 --------------- coming that way. Ms. Daversa commented that Limestone Creek and Church Street both supported the efforts of the Coalition. Councilmember Schauer commented that Martin County residents would perceive closing the road as a war between the Village and the Coalition versus Martin County. Attorney Marty Perry commented that this effort was uncomfortable for him because he had friends who were Martin County residents, and that the Coalition wished to accomplish nothing less than to obtain the Village's support to bring Martin County to account, and cause Martin County residents to demand action from their Commission. Failing action by Martin County, Attorney Perry also favored temporarily closing Loxahatchee River Road as well as Country Club Road at the same time. Attorney Perry explained that the Coalition did not wish to cause a hardship to Tequesta residents. Attorney • Perry commented that the Village had been able to reduce traffic on Country Club Drive through their own efforts; however, measures such as speed humps had not deterred traffic from Loxahatchee River Road. Attorney Perry described construction traffic originating in Martin County which used Loxahatchee River Road. Mr. Perry pointed out on the wall map the current route and the proposed solution. Tracey Bennett, Martin County resident, explained that he and his wife worked in Palm Beach County and it bothered him to see a partitioning of neighborhoods which would force everyone to drive through another very quiet neighborhood. Mr. Bennett stated that approximately 150 families needed to go south to work and shop and he was embarrassed on behalf of the Martin County Commission because they should do something. Mr. Bennett stated he would hate to see barricades at the County line which would cause longer drives. Mr. Bennett commented he thought he was the only one in his neighborhood who knew about this meeting. Mr. Bennett agreed with Attorney • Perry that the Martin County residents needed to contact Janet Gettig and their County Commission and spur them to • VILLAGE COUNCIL FETING MINUTES September 9, 1999 PAGE 28 --------------- action. Mr. Bennett requested that the village Council not support immediate closure but support a Resolution of support for the Western Corridor. Councilmember Schauer questioned whether Mr. Bennett's area planned to contact their County Commissioner, to which Mr. Bennett responded he would do that the next morning and would also contact active residents in his area to enlist their support. Councilmember Schauer recommended that he also contact the Loxahatchee River Road Communities Coalition, and advised that she had phone numbers at her home for Martin County mediation participants. Councilmember Schauer expressed her disappointment at Martin County's lack of participation in the mediation. Councilmember Schauer requested that the Martin County residents contact their Commission members advising them that Tequesta was supporting the Coalition's efforts to close Loxahatchee River Road. Councilmember Schauer stated she supported closing the road because she felt that was the only thing that would make the Martin County Commission do anything. Mr. Bennett commented there would be a minimum four-year construction period for a new road, which would be an inconvenience to Tequesta as well as Martin County residents. Mr. Bennett requested that another way be found other than closing the road. Mr. Bennett asked that Tequesta support the Western Corridor but not the road closure. Councilmember Capretta suggested a strategy such as closing the road every Monday until Martin County Commissioners put this item on their agenda and began considering it; if they did not do so within 30 days then close the road every Monday and Tuesday; if they did not do so within another 30 days, close it every Monday, Tuesday, and Wednesday, etc. Councilmember Capretta stated all that Martin County had to do was put it into their Comprehensive Plan; that Tequesta supported the Coalition, and Tequesta would not let the traffic be diverted to Country Club Drive. • Another Martin Country resident spoke and stated he was fighting for his home in which he had invested his life- VILLAGE COUNCIL • b~ETING MINUTES September 9, 1999 PAGE 29 --------------- long savings, expressed his opinion that it was wrong to close the roads, that this would affect his life, asked that this not be taken out on Martin County residents by closing the roads, and requested that officials work together to find a solution. Ed Resnik, Country Club Drive, commented he had participated in the mediation, that traffic had been slowed on Country Club Drive, and the traffic flow from Martin County in the past 18 months had not increased that much because Section 28 development had not occurred. Mr. Resnik expressed his opinion that this would not scare Martin County into doing anything because they had said they would sue the Village if their road was closed. Mr. Resnik stated that he did not like closing the roads but favored the strategy of closing • both roads one day a week to see what happened. Mr. Resnik stated that this would hurt people because of the politicians lack of interest which he believed was wrong. Mr. Resnik suggested going to the Martin County Commissioners meeting as a group to tell the Commissioners that if they did not act, the roads would be closed, but not to close them yet, because of the imposition on the residents. Mr. Resnik expressed his opinion that Loxahatchee River Road should not be closed unless Country Club Drive was also closed because the amount of traffic on Country Club Drive would become intolerable with the addition of Loxahatchee River Road traffic plus the returning snowbirds. Mr. Resnik asked the Village Council to find another way to support getting Martin County to act other than closing Loxahatchee River Road, unless Tequesta also closed Country Club Drive. Councilmember Schauer questioned whether Palm Beach Commissioner Marcus and Martin County Commissioner Gettig would sit down and talk if Tequesta supported the • Loxahatchee River Road Communities Coalition's proposal to close Loxahatchee River Road temporarily. Ms. Daversa VILLAGE COUNCIL MEETING MINUTES Septeanber 9, 1999 PAGE 30 --------------- responded she did not know, but stated that from the reaction tonight by Martin County residents, it appeared that they would talk to their Commissioners. Vice Mayor Hansen commented that Tequesta wanted to support the Coalition, but could not just have them close the road without also closing County Club Drive because it would be bad for Tequesta residents. Councilmember Schauer stated that no one in the mediation had favored closing roads. Attorney Perry commented that the request to close the road would be on a temporary basis, that the Palm Beach County Commission would do what they thought was fair, and he believed they would take a moderate approach. Attorney Perry felt the first approach would probably be to deliver an ultimatum and allow a reasonable time for Martin County residents to petition their Commission before closing the road. Attorney • Perry commented that Martin Commissioner Janet Gettig used Loxahatchee River Road at least four times each day, and yet objected to going forward with the Western Corridor. Attorney Perry explained that Tequesta was in a similar position to the Loxahatchee River Road residents, and if Tequesta felt they must also close Country Club Drive that was why the Coalition had first contacted Tequesta because they did not want Village residents hurt. Attorney Perry commented the help of the Martin County residents was needed to say to their Commission that unless the Commission took action the residents would be inconvenienced. Attorney Perry described the alternate route that would be available and how much additional time it would take to travel that route. Attorney Perry commented that the owner of the Section 28 property had offered in the past to give the right-of-way and to build the road. Attorney Perry commented if the residents knew something would be done they could endure the traffic another three or four years, but if nothing happened this would go on forever. Attorney Perry requested a showing of support to solve • this problem. Councilmember Capretta commented that Tequesta Park was used by Martin County residents, but VILLAGE COUNCIL . MEETING MINUTES September 9, 1999 PAGE 31 --------------- Martin County would not contribute one nickel toward the park. Councilmember Capretta commented that the southern Martin County residents got nothing for the taxes they paid except one fire truck, while the whole City of Stuart could be run on the taxes they paid, and that they must get organized to get their share of services and should go by busloads to the Martin County Commission meetings. Couacilmember Dalack made a motion to support the effort of Loxahatchee River Road Communities Coalition. Councilmember Capretta seconded the motion. The vote on the motion was: Carl C. Hansen - for Joseph N. Capretta - for • Basil Dalack = for Elizabeth A. Schauer for The motion was therefore passed and adopted. Village Manager Bradford stated he would write a letter. X. NEN BIISINESS A) Ordinance No. 546 - First Reading - An Ordinance of the village Council of the village of Tequesta, Palm Beach County, Florida, Annexing Into the Village Parcels of Land VPhich Are Contiguous to the village Limits, Owned by Andrew and Marilyn Zaino, A Commercial Property Located at 801 U.S. Highway One; Providing a Legal Description of the Property Proposed to be Annexed; Redefining the Boundaries of the village to Include Said Real Property; Providing for Repeal of All Ordinances in Conflict; Providing for Severability; Providing for an Effective Date; Providing for Advertising; and Providing That This Ordinance Shall be Filed with the Clerk of the Circuit Court of Palm Beach County, Florida, and Florida VILLAGE COUNCIL • FETING MINUTES September 9, 1999 PAGE 32 --------------- Department of State Upon Adoption. (Staff Recommends Approval) Vice Mayor Hansen read Ordinance 547 by title only on First Reading. Director of Community Development Scott D. Ladd explained that this was a voluntary annexation proposal, and that all State and village requirements for proper annexation had been met. Mr. Ladd reported that afternoon it had been learned that the Department of Business and Professional Regulation was investigating Zainos Restaurant, which was not uncommon with restaurants, in regard to safety and environmental issues regarding cleaning the grease trap and cleaning up the parking lot. Mr. Ladd stated that staff would want these issues resolved before second reading so as not to bring a property into the Village that was not in keeping with what was expected of a restaurant within the Village. Mr. Ladd explained that there was a deadline of the next day at 3 p.m. for the restaurant to respond. Mr. Ladd reported there were no negative impacts to the village with this annexation. Councilmember Capretta questioned whether there could be an environmental issue that would be expensive for the Village to clean up. Mr. Ladd responded that to his knowledge an environmental study had not been done, and this was a single lot consisting of .66 of an acre. Stephan A. Yeckes, Architect, representing Zainos Restaurant, explained that Mr. and Mrs. Zaino wished to annex for many reasons including zoning, protection, and services issues. Mr. Yeckes reported that the investigation had just come up that day and the Zainos felt it had been pushed by an angry neighbor, and they had voluntarily closed the restaurant for the day to deal with the problem. Mr. Yeckes explained that all problems would be rectified by the next day, and these were minor issues which would not • pose a danger to anyone. Mr. Yeckes explained that many restaurants got these types of these inspections and they VILLAGE COUNCIL • MEETING MINUTES September 9, 1999 PAGE 33 --------------- were very common. Councilmember Schauer questioned what the problems were that the restaurant had had with the County, to which Mr. Yeckes responded there had been problems with permits, zoning, etc., and that the County had not been responsive. The village Attorney requested information regarding the parking problem with the County. Mr. Yeckes explained that years ago the Zainos had applied for permits to pave the rear lot, presently zoned residential, and to erect a wall between the last parking space to the east and the residence to the east of Zainos property. Permits had been granted and after the fact the County had notified them they were parking on a residential lot, which could not be done. Instead of fighting with the County, the Zainos preferred to annex into the Village. Village Manager Bradford questioned whether there was unity of control for the residential lots to be annexed, which Mr. Ladd verified, and stated that the residential lots and the restaurant property would all be zoned C-2 after annexation. Councilmember Schauer made a motion to approve Ordinance 546 on First Reading. Couacilmember Capretta seconded the motion. village Manager Bradford questioned whether Mr. and Mrs. Zaino were aware that Tequesta's zoning would sot apply until the Comprehensive Plan had bees amended. Mr. Yeckes responded that they were aware but also understood that the present use would be allowed by the Village until such time as the re-zoning occurred. Mr. Ladd verified that was true. Councilmember Dalack questioned whether only the Zainos were involved. Mr. Ladd responded affirmatively. village Manager Bradford questioned Mr. Ladd as to whether he had received a response to his letter to Dick Morley. Mx. Ladd responded that he had sot received a reply. The vote on the motion was: Carl C. Haasea - for • Joseph N. Capretta = for Basil Dalack for • VILLAGE COUNCIL MEETING MINUTES September 9, 1999 PAGE 34 --------------- Elizabeth A. Schauer - for The motion was therefore passed and adopted. F) Ordinance No. 547 - First Reading - An Ordinance of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Amending Chapter 18 of the village s Code of Ordinances, Water, At Article I, Section 18-3, so as to Amend the Schedule of Rates and Charges in the Manner and Form Provided Herein; Providing for Severability; Providing for Repeal of ordinances in Conflict; Providing for Codification; Providing an Effective Date. (Staff Recommends Approval) Vice Mayor Hansen read Ordinance No. 547 on First Reading by Title only. • Village Manager Bradford introduced consultant Robert Ori from Maitland, Florida, and reminded the Village Council that earlier in the meeting the Council had passed a Resolution that adjusted water rates by way of an index established approximately two years ago. The rates adjusted by index were the base rate and the commodity charge which appeared on the water bill; however, those were not the only revenue sources of the Water Department. There were also charges to open a new account, change a meter, etc., and one of the most important charges was the capital connection charge to new customers to cover the impact of their new demand on the water system. Village Manager Bradford explained that the capital connection charge had not been amended for approximately 8-10 years and needed to be adjusted upward to reflect the cost of the new RO plant. Village Manager Bradford reminded the village Council that they had authorized this work to be done previously, which included review of the step rates with the hope of a downward adjustment in anticipation of the RO plant. • That had not been done because the existing computer system could not produce the financial data that Mr. Ori VILLAGE COUNCIL • b~ETING MIN[JTES September 9, 1999 PAGE 35 --------------- needed in order to recommend an adjustment. After the new computer system had been installed, 12-18 months would be needed to collect enough data to adjust the step rates. Utility Director Matthew Morrison reported he and Mr. Ori had reviewed the rates and charges and with Mr. Ori' s recommendations, modifications had been made to the Ordinance. Vice Mayor Hansen commented that although charges had increased dramatically, the rate had been raised by only a minimal amount, and questioned whether Mr. Ori could justify the charges compared to other water departments. Mr. Ori explained that the charges could be justified and the capital connection charges had not been adjusted for over ten years. Mr. Morrison pointed out that a comparison of rates with other communities was included in the report, and reviewed the chart for the public. Councilmember Capretta commented that Martin County had the highest priced water in the area and Jupiter had the lowest priced water. Councilmember Capretta explained that the Village had had a conservation policy of selling water cheap except water to irrigate lawns, which was priced higher; while Jupiter's policy encouraged consumption and the South Florida water Management District had approved Jupiter's policy. Councilmember Capretta commented that Mr. Ori's plan would change the village's conservation slope, questioned what the Village's philosophy should be, and what Mr. Ori told other cities. Mr. Ori responded that every city was different with different costs which drove the price plus the rate charged. Another factor was demographics--the number of business customers, etc. Mr. Ori discussed rates compared to those of Jupiter and Martin County. Vice Mayor Hansen questioned whether when the RO plant went on line the rates would be adjusted again. Mr. Ori • responded that he did not believe the rates would be adjusted at that time. Mr. Morrison explained that this VILLAGE COUNCIL MEETING MINQTES September 9, 1999 PAGE 36 --------------- was an annual event when the Utility Department looked at the CPI and did an analysis to keep up with the cost of producing water. Discussion ensued. Councilmember Capretta commented that the connection rates should have been changed before with all the new building in the Village. Village Manager Bradford responded that he did not think it was fair to do so until the Village had had some experience with the new debt service cost. Mr. Ori stated he was recommending that the new connection charge be increased to $2,130. Councilmember Schauer complimented Mr. Ori on his excellent evaluation report. Mr. Morrison was asked to explain plan review fees. Mr. Morrison explained that the Utilities Department received a fee for reviewing plan sheets for large construction projects, and that the fees were only for water related infrastructure. • Councilmember Schauer made a motion to approve Ordinance 547 on First Reading by title only. Councilmember Capretta seconded the motion. The vote on the motioa was: Carl C. Hansen - for Joseph N. Capretta - for Basil Dalack - for Elizabeth A. Schauer - for The motion was therefore passed and adopted. G) Ordinance No. 548 - First Reading - An Ordinance of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Providing for Amendments to the Village Budgets Adopted for the Fiscal Year Commencing October 1, 1998. tStaff Recommends Approval) Vice Mayor Hansen read Ordinance No. 548 on First Reading by title only. Village Manager Bradford explained that Finance Director VILLAGE COUNCIL • MEETING MINUTES September 9, 1999 PAGE 37 --------------- Holloman had reviewed the budget and found the need for one last amendment to show rent proceeds received from Palm Beach County Solid Waste Authority and place $31,000 more into the Department of Community Development for contractual planning services and the general planning account. Couacilmember Capretta made a motion to approve Ordinance 548 on First Reading by title only. Couacilmember Dalack seconded the motion. The vote on the motion was: Carl C. Hansen - for Joseph N. Capretta - for Basil Dalack - for The motioa was therefore passed and adopted. • Councilmember Schauer was out of the room during the motion. X. ANY OTHER MATTERS Ed Resnik, Country Club Drive, questioned whether the Village Councils action taken earlier in the meeting had been to support the Loxahatchee River Road Communities Coalition in the temporary road closure until construction of the Western Corridor had been completed, which he stated was five years. Mr. Resnik requested that the letter to Palm Beach County stating the Village supported the Coalition also state that the day Loxahatchee River Road was closed that Tequesta would close Country Club Drive. The Village Council agreed to place that statement in the letter. Vice Mayor Hansen commented that the Village should be very happy with the Tequesta YMCA, which now had close to 100 members and great programs with good teachers. Vice Mayor Hansen urged everyone to go see what they were doing at the YMCA. The Vice Mayor reported that two elderly couples had VILLAGE COUNCIL MEETING MINUTES September 9, 1999 PAGE 38 --------------- met at the YMCA and were getting married. XI. ADJOURNMENT Councilmember Dalack moved that the meeting be adjourned. Cowacilmember Capretta seconded the motion. The vote on the motion was: Carl C. Hansen - for Joseph N. Capretta - for Basil E. Dalack - for Elizabeth A. Schauer - for The motion was therefore passed and adopted and the meeting was adjourned at 10:31 P.M. • ATTEST: Dann Manganie o Village Clerk DATE APPROVED: Respectfully submitted, .~..~~~ ~~ VGc.G~~"~ Betty Laur Recording Secretary