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HomeMy WebLinkAboutMinutes_Regular_06/10/1999• 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 JUNE 10, 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, June 10, 1999. The meeting was called to order at 7:02 P.M. by Mayor Ron T. Mackail. A roll call was taken by Betty Laur, Recording Secretary. Councilmembers present were: Mayor Ron T. Mackail, Vice Mayor Carl C. Hansen, Joseph N. Capretta, Basil E. Dalack, and Elizabeth A. Schauer. Also in attendance were: Village Manager Thomas G. Bradford, Village Attorney John C. Randolph, village Clerk Joann Manganiello, and Department Heads. II. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Joseph. N. Capretta gave the Invocation and led those in attendance in the Pledge of Allegiance to the American Flag. III. APPROVAL OF AGENDA Vice Mayor Hansen requested addition of ENCON and sewering the peninsula under Any Other Matters. Village Manager Bradford requested that the first item under New Business after the consent items be consideration of support for a pony league size baseball field at VILLAGE COUNCIL • bffsETING MINUTES June 10, 1999 PAGE 2 --------------- Tequesta Park. Vice Mayor Hansen made a motioa amended. Councilmember Schauer vote on the motion was: Roa T. Mackail Carl C. Hansen Joseph N. Capretta Basil E. Dalack Elizabeth A. Schauer to approve the Agenda as seconded the motion. The - for - for - for - for - for The motion was therefore passed and adopted and the Agenda was approved as amended. IV. COM~[TNICATION FROM CITIZENS Peggy verhoeven, Point Drive, reported receipt of a letter from ENCON late that afternoon and stated that in the wake of recent criticism of Tequesta by the press regarding the village Council s position on the sewering issue, that she wished to thank the Village Council for defending their position on that issue. Mrs. verhoeven estimated that $283 per home on the peninsula had been spent in defending the position of the village, and not the hundreds of thousands of dollars reported in the press. Mrs. verhoeven requested that in their final stand the Village Council state that a low pressure system was incorrect, would be a health hazard, would cause numerous problems, would be unsafe, and was not the way to proceed. Mrs. verhoeven indicated the people did not intend to allow this and thanked the Village Council for their support. V. PUBLIC HEARING A) Consideration of New Intergovernmental Coordination • Element Requirements and New School Siting and Co- VILLAGE COUNCIL • b~sETING MINU'PSS June 10, 1999 PAGE 3 --------------- Location Requirements, as required by Florida Statutes, for inclusion fa the village of Tequesta Response to Florida Department of Community Affairs Objections, Recommendations and Comments Report. 1) Presentation of New ICE Requirements and New School Siting and Co-Location Requireaneats. Director of Community Development Scott D. Ladd explained that while working on the new EAR based amendments to the Comprehensive Plan, two new requirements had come to light. The Village had requested and received permission from DCA to include the Intergovernmental Coordination Element (ICE) and New School Siting and Co- Location requirements in the transmittal of the EAR based amendments. Director Ladd explained that many of the ICE requirements had already been addressed in the village Comprehensive Plan, and staff had been able to merely go through the new ICE requirements and pick out those items that needed to be amended or added to the Plan. Mr. Ladd stated that the cover sheet of his memo to village Manager Bradford had listed the policies which addressed the new ICE requirements. Mr. Ladd explained that under the New School Siting and Co-Location requirements, a policy had to be included with backup from the School Board that since Tequesta was basically built out that for now school siting was not an issue in Tequesta. The School Board had stated they had no intent to locate a school within Tequesta within the next five years, but might look into something within the next 10-20 years. Mr. Ladd explained that in this initial planning period, only five years needed to be addressed since in five years the next EAR.-based process would occur. The Village's annexation reserve area was VILLAGE COIINCIL • MEETING MINUTES June 10, 1999 PAGE 4 --------------- also built out, with no land available for schools. These policies had been included in the Plan. 2) Comments from Village Council Regarding New ICS Requirements and New School Siting and Co- Location Requirements Vice Mayor Hansen commented Tequesta would have more school children and school busses in the downtown area, and there was a greater need than ever before for a nearby school. Mr. Ladd reported the School Board had never purchased built-out land to demolish buildings in order to build a school, even if the need was great; therefore, the possibility of a school in the Village was probably non-existent. Mr. Ladd • explained that the only requirement at this time was to address the issue by establishing policies, which had been done. 3) Public Comments There were no comments from the public. 4) Village Council Acceptance of New ICE Requirements and New School Siting and Co- Location Requirements Councilmember Schauer made a motion to accept the New ICE Requirements and New School Siting and Co-Location Requirements. vice Mayor Hansen seconded the motion. The vote on the motion was: Ron T. Mackail - for Carl C. Hansen - for Joseph N. Capretta - for Basil E. Dalack - for Elizabeth A. Schauer - for VILLAGE COUNCIL MEETING MINUTES June 10, 1999 PAGE 5 --------------- The motion was therefore passed and adopted. B) Consideration of Approval by village Council to Transmit the Village Responses to DCA ORC Report to the Department of Community Affairs, State of Florida. Couacilmember Schauer made a motion to transmit the village Responses to DCA ORC Report to the Department of Community Affairs, State of Florida. Vice Mayor Hansen seconded the motion. The vote on the motion was: Ron T. Mackail - for Carl C. Hansen - for Joseph N. Capretta - for Basil E. Dalack - for • Elizabeth A. Schauer - for The motion was therefore passed and adopted. C) Ordinance - Second Reading - Adopting 1996 EAR Based Comprehensive Plan Amendments. Director of Community Development Scott D. Ladd announced that Second Reading of the Ordinance would be delayed until the next Village Council meeting since the advertising deadline had been missed by one day. This would allow sufficient time for any objectors to come forward; however, none were expected. Mayor Mackail questioned whether concurrency had been discussed with the School Board. Mr. Ladd explained that the School Board grouped the Village with Jupiter in the northern Palm Beach County area, and the village was included with Jupiter in regard to educational issues, and concurrency was not an issue for the village. Councilmember Schauer reported that VILLAGE COUNCIL MEETING MINUTES June 10, 1999 PAGE 6 --------------- school boundaries for elementary schools would be changed within the next two years, so that all children in the entire village would attend Jupiter Elementary. 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. Mayor Mackail read aloud the following Consent Agenda items: • VII. APPROVAL OF MINUTES AND REPORTS *A) Board of Adjustment Public Hearing Meeting Minutes; April 23, 1999; *B) Community Appearance Board Meeting Minutes; March 31, 1999; *C) Special Village Council Meeting Minutes, May 4, 1999; *D) Special Village Council Meeting Minutes, May 6, 1999; *E) Stormwater Utility Board Meeting Minutes; April 29, 1999; *F) Village Council Meeting Minutes, May 13, 1999 *G) Village Managers Report: May 10, 1999 to June 4, 1999 VIII. COMMITTEE REPORTS *A) Redevelopment Committee; May 10, 1999 IX. APPOINTMENTS VILLAGE COUNCIL • MEETING MINU'PES June 10, 1999 PAGE 7 --------------- *A) Consideration of Appointment of James Humpage to Fi11 the Remainder of the Term of Resigned Regular Member, Vincent J. Sama, on the Board of Adjustment with Said Term Expiring December 14, 2001 (Staff Recommends Approval) XI. NEW BUSINESS *A) Resolution No. 37-98/99 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Approving the bid Proposal of Sensus Technologies, Inc . of Norcross, Georgi a for Hand Held Meter Reading Hardware/Software in the Amount of $9, 487.50 and Authorizing the Village Manager to Execute the Applicable Contract on Behalf of the Village. (Staff • Recommends Approval) *B) Resolution No. 38-98/99 - A Resolution of the Village Council of the - Village of Tequesta, Palm Beach County, Florida, Approving a Graduate Level Research Proposal with Florida Atlantic University of Boca Raton, Florida in an Amount not to Exceed $12,000 Subject to Village Attorney Approval for Legal Form and Sufficiency and Authorizing the Village Manager to Execute the Agreement on Behalf of the Village. (Staff Recommends Approval) *C) Resolution No. 39-98/99 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida Adopting the Proposed Stormwater Utility FY 2000 Non-Ad Valorem Equivalent Residential Unit Assessment Rates for FY 2000 Applicable to the Properties within the Jurisdiction of the Village of Tequesta and Authorizing the Transmittal of the Same to the Property Appraiser and/or Tax Collector of Palm • Beach County for Non-Ad Valorem Assessment VILLAGE COUNCIL • b~ETING MINUTES June 10, 1999 PAGE 8 --------------- LJ Purposes. (Staff Recommends Approval) The Assessment Rates are as Follows: Sma11 Single Family Residence: > 1 s. f. and <= 2506 sq. ft. = 1 ERU x . 65 x 12 mo. _ $48.36 plus 1~ Tax Collector fee and 3.5$ for early payment = $50.54 annually. Medium Single Family Residence: >= 2507 s. f. and <= 4621 s. f. = 1 ERU x 12 mo. _ $74.40 plus 1$ Tax Collector fee and 3.5~ for early payment = $77. 75 annually. Large Single Family Residence: >= 4622 s. f. = 1 ERU x 1.30 x 12 mo. _ $96. 72 plus 1$ Tax Collector fee and 3.5~ for early payment = $101.07 annually. Condominium Developments: 1 ERU x .67 x 12 mo. _ $49.80 plus 1$' Tax Collector fee and 3.5g for early payment = $52.04 per unit annually. Multifamily Development: 1 ERU x .84 x 12 mo. _ $62.52 plus 1$ Tax Collector fee and 3.5~ for early payment = $65.33 per unit annually. Commercial/Government/Industrial Total impervious area/ 3576 s. f. x $6.20 x 12 mo. = annual paymen t p1 us 1 ~ Tax Co11 ector fee and 3.5~ for early payment = annual payment. *D) Resolution No. 40-98/99 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Adopting the Refuse, Recycling and-Solid waste Collection Rates for FY • 2000 and Authorizing Transmittal of the VILLAGE COUNCIL • MEETING MINUTES June 10, 1999 PAGE 9 --------------- Applicable Non-Ad Valorem Assessment Rates for A1Z Residential Properties in the Village to the Palm Beach County Property Appraiser and/or Tax Collector for Non-Ad Valorem Assessment Purposes. (Staff Recommends Approval) The Rates are as Follows: Single-Family Annual Rate: $88.44. Multi-Family Annual Rate: $88.44. Commercial Solid Waste Collection Rate: $3.50 per cubic yard. *E) Resolution No. 41-98/99 - A Resolution of the Village Council of the Village of Tequesta, Palm • Beach County, Florida, Approving a Lease Agreement Between Florida East Coast Rail way Company and the Village of Tequesta for Beautification of the Tequesta Drive Crossing With a Base Rental Fee of $1 75 Annually, Effective July 11, 1999, and Authorizing the Mayor to Execute the Same on Behalf of the Village. (Staff Recommends Approval) Motion was made by vice Mayor Hansen to approve the Consent Agenda as submitted. The motioa was secoaded by Councilmember Schauer. The vote oa the motion was: Ron T. Mackail - for Carl C. Hansen - for Joseph N. Capretta - for Basil E. Dalack - for Elizabeth A. Schauer - for The motion was therefore passed and adopted. • VILLAGE COUNCIL • ~LTING MINUTES June 10, 1999 PAGE 10 --------------- Village Manager Bradford pointed out that the base Stormwater Utility ERU base rates had not been increased, however, it was discovered during budget review that assessments were approximately 4g less than they should have been. An analysis of the original rate structure study revealed that the tax collector's fee and the discount for early payment had not been built into the original rate; therefore, these had been applied to the rates for the first time. Village Manager Bradford explained that if a person paid in November they would experience only approximately 1/2 of 1~ increase. VIII. COb~IITTEE REPORTS • A] Redevelopment Commnittee; Nay 10, 1999 Village Manager Bradford reported that the purpose of the meeting had been to look at the status of the facility needs assessment to date. Architect Lisa Lemanovich of Gee & Jenson had provided an overview of code compliance issues and space needs. The Committee had looked at space option alternatives and cost estimates produced over the years and considered the BRITT building as a possible alternative for either short-term or long-term placement of administration and other departments until a permanent decision on a village Hall had been made. The Committee reviewed the financial capabilities of the Village which could be applied to debt service, including current funding from recurring sources, NationsBank line of credit, and increase in future tax receipts. The Committee's recommendation to the Village Council was that Village staff proceed with the Fire Rescue facility and the Police Department expansion and utilization of village Hall, and for • the Village Manager to meet with the owner of the VILLAGE COUNCIL • b~SETING MINUTES June 10, 1999 PAGE 11 --------------- BRITT building to see if it could be leased. Village Manager Bradford reported the Committee would have to go back to the drawing board because the owner of the BRITT building had already contracted to sell the building to two gentlemen for a price more than the Village was willing to pay. Temporary village Council chambers were needed in the event that Police Department renovations went forward. Village Manager Bradford announced that early next week a meeting of the Redevelopment Committee would be scheduled to discuss how to provide village Council chambers and which alternative plan would be used for the Fire Rescue facility. village Manager Bradford recommended that the village Council take no action until the Redevelopment Committee could come back to them with a recommendation based on current facts. Councilmember Schauer suggested using the YMCA for Council meetings. Village Manager Bradford agreed that was a reality, but cautioned that the Village Council might not want to take away one night of recreational programs. vice Mayor Hansen commented that possibly the Police facilities should be delayed and only the Fire Rescue facilities built and then a decision made as to where village Hall should be. Vice Mayor Hansen commented that in another year the Village would be in a position to make that decision. Mayor Mackail commented that he believed the proposal to provide public safety facilities included cost savings in the hundreds of thousands of dollars by doing bath Police and Fire at the same time, and that he would discuss this with the Finance Director. Mayor Mackail explained that he believed the lack of village Council chambers should not stop the project, and pointed out that only eight citizens were present at tonight's meeting. Councilmember Capretta expressed his opinion that the only way the facilities problem would be solved was to create a 5- year plan showing when an administration center, • public safety, and Village Hall would be built. VILLAGE COUNCIL • MEETING MINUTES June 10, 1999 PAGE 12 --------------- Councilmember Capretta pointed out that proceeding with Fire Rescue facilities would not interfere with any other plan, and recommended that during the upcoming week the Committee resolve the Fire Rescue facilities and start development of a plan. Mayor Mackail reported he had had a conversation with the potential purchaser of the BRITT building, and the Village might be able to use it as a temporary facility. Councilmember Schauer suggested contacting the Baptist Church, Presbyterian Church, or the American Legion regarding the possibility of using their facilities to hold Village Council meetings, or renting space in a shopping mall. Motion was made by Councilmember Schauer to approve the report of the Redevelopment Committee meeting of • May 10, 1999. The motion was seconded by Vice Mayor Hansen. The vote on the motion wasz Ron T. Mackail - for Carl C. Hansen - for Joseph N. Capretta - for Basil E. Dalack - for Elizabeth A. Schauer - for The motion was therefore passed and adopted. X. DEVELOPMENT MATTERS A) Village Council Direction Relative to the Driveway Cut/Parking Lot Issue Pertaining to Doraer Trust/MCCarthy•s Restaurant Village Manager Bradford reported that at the January 1999 village Council meeting, Mr. McCarthy and Gary Van Brock had been present and the village Council had approved the temporary use of the parking lot between the old Alex Webster building and McCarthy~s vlr,r.,AGE covNCIL • ~sETING MINU'PES Juae 10, 1999 PAGE 13 --------------- Restaurant, and that they could install a driveway cut subject to coming back within four months for a site plan approval and special exception use public hearing. The village Manager explained that nothing had been presented and the time limit had elapsed, and requested Village Council direction regarding whether to provide ingress/egress over the property proposed for purchase by McCarthy's Restaurant to the Dorner Trust for their property located on the northeast corner of Old Dixie Highway and Tequesta Drive. village Manager Bradford reported Mr. Van Brock had denied the contract to sell the land to McCarthy's on the grounds that the action of the Village did not meet one of the contract conditions which was that Dorner Trust would receive ingress/egress over the parking lot. Village Manager Bradford explained that he believed the village • Council had the power to request that Mr. Van Brock restore the property by putting back the curb and gutter, sidewalk, and trees that were removed. village Manager Bradford reported the Village staff had studied the situation to see what the worst case scenario would be for traffic generated from the site in the event the Village Council was inclined to grant Dorner Trust ingress/egress. Planner xara Irwin, who had worked with traffic consultants regarding this situation, provided a report of how much traffic would be generated if the land was developed as residential and how much would be generated if the land was developed as commercial, using the maximum density allowed. with residential development, 1,344 trips per day were projected, and with commercial development 5,309 trips per day were anticipated. From the Tequesta Drive ingress/egress, 46~ of the traffic was expected to go east on U.S. One, with 20~ going north and 26~ going south. From the Old Dixie Highway ingress/egress 6~ was anticipated to go north and 48~ to go south, with 13~ • proceeding up Tequesta Drive and the other 35$ going VILLAGE COUNCIL • MEETING MINUTES June 10, 1999 PAGE 14 --------------- south on Old Dixie. Planner Irwin displayed a chart showing 1998 traffic and level of service for the roads. Planner Irwin explained that with residential development the level of service would remain unchanged; however, with maximized commercial development the level of service would be impacted. Planner Irwin explained that any development in this area would be required to allow for parking and open space areas and must be approved by village Council and must submit a traffic study of a 3-mile radius to the Palm Beach County Traffic department so that they could assess level of service. Recommendations were to extend the Tequesta Drive median; that the right for ingress/egress be granted only if McCarthy's purchased the property so that McCarthy's could meet the conditions previously placed on the property by the Village Council. Councilmember Capretta • questioned whether the new road between Tequesta Drive and Bridge Road had been considered during this study. Planner Irwin explained that was one reason the median should be extended, and commented that the property could also be developed partly commercial and partly residential. Councilmember Capretta recommended that the Village make a study of the whole area including the new road, Village Boulevard, the area from the railroad track to village Boulevard and U.S. One to Bridge Road, since that whole area would be impacted by development of this property. Village Manager Bradford responded the Village had intended to extend the median to the intersection of Tequesta Oaks Boulevard, and that when the Dorner property was developed a turn lane for traffic to go north on Old Dixie might be needed. Village Manager Bradford explained that people favored a traffic light at Tequesta Oaks Drive and Tequesta Drive but that would create a stacking problem when a train was going through. Village Manager Bradford explained that extending the median would cost between $20,000 • and $30,000. VILLAGE COUNCIL • N~ETING MINUTES June 10, 1999 PAGE 15 --------------- village Manager Bradford explained that if the Village Council instructed staff to extend the median granting ingress/egress only if the property was sold to McCarthy and subject to Site Plan and Special Exception Approval within a time frame of possibly 60 days, then when Mr. van Brock developed the Dorner Trust parcel the Village Council would not have to grant another ingress/egress on Tequesta Drive. Vice Mayor Hansen commented he had not seen a lot of traffic increase as a result of the Tequesta Oaks development and would therefore not object to granting the ingress/egress. Councilmember Dalack requested clarification of the matter under discussion, and how the village Council could make a decision without Mr. McCarthy present. Planner Irwin responded that Mr. McCarthy could not be present and had requested that she speak for him, and explained • that Mr. McCarthy had expressed willingness to work with the Village Council to do whatever was necessary to obtain the ingress/egress. Councilmember Schauer explained that Mr. van Brock had refused to sign to allow the McCarthy land purchase, and expressed her opinion that the Village Council should help McCarthy's purchase the land to alleviate their parking problems. Discussion ensued. Councilmember Dalack explained that he would not be in favor of granting the ingress/egress if it might lead to development of the Dorner property similar to the Lighthouse Cove development; but he would approve if it was only to help McCarthy's. village Manager Bradford responded this was an approval for McCarthy and whatever ended getting approved for the Dorner property could also use that ingress/egress; however, the Village Council would have final say over what ended up going on that property. Councilmember Capretta commented that whatever type of development went in, ingress/egress would be needed. Councilmember Capretta questioned whether the • ingress/egress would be appropriate for that VILLAGE COUNCIL • MEETING MINUTES June 10, 1999 PAGE 16 --------------- development. Village Manager Bradford commented that regardless of what McCarthy's or Mr. van Brock wanted that in light of what was coming to Tequesta Plaza, the median needed to be extended, and the median had been a requirement when the road was rebuilt. Councilmember Capretta suggested the ingress/egress should be directly across from the new road connecting Tequesta Drive with Bridge Road. Councilmember Capretta commented that even if the village Council approved the ingress/egress requested by McCarthy's that Mr. Van Brock still did not have to sell the land to McCarthy's and might not, which would reveal his true motive. Ms. Irwin reported Mr. van Brock had been very receptive to ideas presented at the recent charrette, with development of the Dorner Trust parcel partly residential and partly commercial. Councilmember Schauer commented that the concept had been similar to Mizner Park. Councilmember Capretta commented Mr. van Brock would want another exit on Tequesta Drive and he did not believe the McCarthy's exit would be appropriate. Councilmember Capretta proposed a study of the whole area and inviting Mr. Van Brock to a Redevelopment Committee meeting. Mayor Mackail stated he agreed with Councilmember Capretta. Village Manager Bradford responded that he believed it would be all right to postpone the matter to study it but that the Village Council would be setting themselves up to negotiating with Mr. Van Brock over whether or not to extend the median and where to place the ingress/egress, and expressed his opinion that Mr. Van Brock did not know what would be developed on the property and that he would sell to the highest bidder. Village Manager Bradford explained that if the Village Council approved the staff recommendation they would be in the drivers seat. Councilmember Schauer commented that if Mr. Van Brock did not sell to McCarthy's then the Village Council would have the • right to have Mr. Van Brock return the property to VILLAGE COIINCIL • MEETING MIND'TES June 10, 1999 PAGE 17 --------------- its original condition. Councilmember Capretta suggested the median should be installed right away. Councilmember Capretta made a motion to proceed with the previous plan for McCarthy's driveway on condition that Gary van Brock sell only to McCarthy's; to also proceed with the Tequesta Drive median extension; and that if Mr. Van Brock did not sell to McCarthy's that he must return the property to its original state; and that approval shall be subject to McCarthy submitting a Site Plan and Special Exception application within 90 days. The motioa was seconded by Councilmember Schauer. Duriag discussion of the motion, Councilmember Dalack requested the following amendment to the motion as clarification: That the Village Council approve the ingress/egress for a future development proposal on the Dorner Tract, over the parking lot in questioa, as requested by McCarthy conditionally, subject to completion of the proposed sale by Mr. Van Brock to McCarthy's Restaurant, aad in the event the proposed sale is not consummated the approval will be null aad void and the ingress/egress to the driveway shall be returned to its original state. Councilmember Capretta, maker of the motioa, agreed to the amendment. Couacilmember Schauer, seconder of the motioa, agreed to the amendment. The vote on the motion was: Ron T. Mackail - for Carl C. Hansen - for Joseph N. Capretta - for Basil E. Dalack - for Elizabeth A. Schauer - for The motion was therefore passed and adopted. Councilmember Capretta commented that if the sale did not go through to McCarthy~s then the Redevelopment Committee would need to meet with Mr. Van Brock to • discuss where he wanted ingress/egress for the Dorner VILLAGE COUNCIL • ffiEETING ~IINU'PES June 10, 1999 PAGE 18 --------------- Trust property. XI. NETR BUSINESS A) Consideratioa of Support for a Pony Size Baseball Field at Tequesta Park Village Manager Bradford announced that Scott Harris was present, who was a new member of the Baseball Board of JTAP,, and explained that he, Mr. Harris, and Mr. Raiford had met earlier that week regarding a project idea to use the main 1 ighted bal l f field at Tequesta Park as a pony league playing field. Pony league fields were designed for 13 and 14-year olds, and were smaller than the large fields used by senior leagues. Village Manager Bradford explained there • were no pony league playing fields within the Jupiter-Tequesta area. The concept of the project was to move the fence in, re-contour the field, add clay if needed, paint and spruce up the dugouts, and for the Village to drag the field each day. Village Manager Bradford explained that the Village could drag the field every day except Saturday. As much volunteer help as could be obtained would be utilized in creating the pony league field. This change would create more use of Tequesta Park, which was now only used for practice by Jupiter Christian School's team. Village Manager Bradford explained that Mr. Harris was seeking Village Council approval of the concept, and would like the Village to do what they could to help. Councilmember Dalack supported the concept. Councilmember Capretta expressed disappointment that park facilities were not used enough, and requested a usage report. village Manager Bradford commented that organized use of Tequesta Park was at present • nonexistent, and that this plan was expected to bring VILLAGE COUNCIL • MEETING MINUTES June 10, 1999 PAGE 19 --------------- eight to sixteen teams initially. During ensuing discussion, Councilmember Schauer commented a pony league was ideal for the 13-14 year age group, and volunteered to place a notice in the St. Jude church bulletin to advertise for community help. Vice Mayor Hansen questioned whether the changes contemplated would interfere with adult teams or other teams, to which Mr. Harris responded there was no demand for a full-size field at Tequesta Park, but there was a demand for a pony size field. Nlr. Harris explained that Tequesta Park could have a niche since there were no intermediate fields in the area, and commented that no Jupiter or Tequesta residents would be turned away. Vice Mayor Hansen made a motion to approve the • concept of a pony league field at Tequesta Park. Councilmember Dalack seconded the motion. The vote on the motion was: Ron T. Mackail - for Carl C. Hansen - for Joseph N. Capretta - for Basil E. Dalack - for Elizabeth A. Schauer - for The motion was therefore passed and adopted. Councilmember Dalack commented he saw no reason to move the fence; Mr. Harris commented the biggest expense would probably be for sod. XI. F) Ordinance - First Reading - An Ordinance of the Village Council of the village of Tequesta, Palm Beach County, Florida, Amending Chapter 9, Of the Code Of ordinances of the Village at Article II, Fire Prevention, to Provide that Certain User Fees be Paid within the Specified Time Period; Providing that • Persons who Fail to pay in a Timely Manner Shall be VILLAGE COUNCIL • MEETING MINUTES June 10, 1999 PAGE 20 --------------- Subject to Review by the village Special Master Pursuant to the Code Enforcement Ordinance of the Village, Chapter 2, Article IV, Division 2; Providing for Severability; Providing for Repeal of Ordinances in Conflict; Providing for Codification; Providing an Effective Date. (Staff Reconunends Approval) Village Attorney Randolph read the above Ordinance on First Reading. Village Manager Bradford reported that this Ordinance dealt with three issues--fire inspection fees, EMS transport user fees, and fire watch details--and had not as yet experienced any problems with fire inspection fees or fire watch details. The only problem was collecting EMS transport user fees, but it had been decided to place a time limit on all • three types of fees. The collection rate for EMS transport fees ranged from 70~ to 30~ according to whether the percentage was being reported by the billing service or by the Finance Department, and two problems being experienced in collecting fees were that some people died after transport, and cutbacks had been instituted by Medicare and Medicaid. Since there was presently nothing in the Village code which stated fees must be paid within a certain period of time, it was proposed to place a time limit in the Ordinance so that if payment was not received then the matter could be forwarded to the Special Master. Councilmember Schauer expressed her preference for a 90 day time period because she had dealings with Medicaid and Medicare and knew they were slow. Village Manager Bradford explained that if the time period in the Ordinance was 60 days, then it would take another 30 days to be heard by the Special Master. Discussion ensued regarding how much Medicare paid for a transport. Finance Director Holloman reported that the transport fee was about • $330 with mileage included, and that Medicare was VILLAGE COUNCIL MEETING MINUTES June 10, 1999 PAGE 21 --------------- paying $240 to $250, after which supplemental insurance paid $80 to $100, leaving $17 to $20 for the village customers to pay, because that was not being collected. Finance Director Holloman explained that the collection rate was 70g for accounts two years old and 30~ for current accounts. It was pointed out that the Village EMS rate was the same as that charged by Palm Beach County. Resident Betty Nagy commented it took 60 to 90 days to know that a bill was paid by Medicare and expressed her opinion that a 60-day time period was not fair to people living on Social Security, and that the time period should be 90 days. Finance Director Holloman commented the 60 days would not start until after receipt of the bill. Resident Peggy verhoeven commented that it cost $250 to have the Special Master hear cases. Resident Ed Resnik questioned why • the Village billed individuals transported for EMS transport fees. village Manager Bradford explained that the Fire Rescue budget was based on receipt of 1005 of fees billed to transport citizens. Mr. Resnik suggested insurance companies should be required to pay, to which the Village Attorney responded that was illegal and considered insurance fraud. Mr. Marshall commented this had never been clear before. Joan Marshall commented it could take six months for Medicare to pay and explained that doctors and hospitals accepted the amount Medicare paid as full payment, and expressed her opinion the village should do the same. Mayor Mackail explained that the Village was seeking to establish a policy and a way to collect money if it was due. Mrs. verhoeven commented that the Village paid the Special Master fee. Vice Mayor Hansen made a motion to approve the above Ordinance on First Reading by Title only. Councilmember Schauer seconded the motion. The vote • on the motioa was: VILLAGE COUNCIL • MEETING MINUTES June 10, 1999 PAGE 22 --------------- Ron T. Mackail - for Carl C. Hansen - for Joseph N. Capretta - for Basil E. Dalack - for Elizabeth A. Schauer - for The motion was therefore passed and adopted. G) Ordinance - 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. (Staff Recommends Approval) Village Manager Bradford explained this was a • housekeeping matter to account for carryovers and encumbrances before budget hearings to be held in July. Councilmember Dalack commented he would like to know what was involved. Councilmember Capretta had no questions. Councilmember Schauer commented the information was much easier to read than in the past. Vice Mayor Hansen commented he had no problems and this was routine. Village Manager Bradford clarified for Councilmember Dalack that when a budget was adopted each September it was really a guess as to what it was believed would happen over the upcoming fiscal year, and during the year changes were made. Approval of this Ordinance would make the budget document match what the Village Council had done within the course of the year by correcting overages and underages. Finance Director Holloman clarified that the new revenue had come from grants, and the undesignated fund balance reflected the amount of unknown expenditures anticipated during the budget year. Ms. Holloman stated staff had no authority to change the budget, hence this request. • Councilmember Capretta commented this was not a major VILLAGE COUNCIL • MEETING MINUTES June 10, 1999 PAGE 23 --------------- change in the budget, but was merely housekeeping, and an accounting problem. Finance Director Holloman explained that expenditures had increased $41,000- $42,000 over the original appropriation and those funds had been taken from the undesignated funds account. Village Attorney Randolph read the above Ordinance on First Reading by title only. Councilmember Schauer made a motion to approve the above Ordinance on First Reading by Title only. Vice Mayor Hansen seconded the motion. The vote on the motion was: Ron T. Mackail - for • Carl C. Hansen = for Joseph N. Capretta for Basil E. Dalack - for Elizabeth A. Schauer - for The motion was therefore passed and adopted. XII. UNFINISHED BUSINESS A) Ordinance - Second Reading - An Ordinance of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Amending Chapter 18 of the Village Code of Ordinances at Section 18-1 so as to Create a village Utilities Department; Providing For a Utilities Director and Other Personnel and Employees as may be Appointed Thereto by the village Manager; Providing That the Utilities Department Shall Oversee the Provisions of Chapter 18 of the village Code Relating to Water and Chapter 19 of the village Code Relating to Stormwater, Providing for Severability; Providing for Repeal of ordinances is • Conflict; Providing for Codification; Providing an VILLAGE COUNCIL • MEETING MINUTES June 10, 1999 PAGE 24 --------------- Effective Date. Village Attorney Randolph read the above Ordinance on Second Reading by title only. Councilmember Schauer made a motion to approve the above Ordinance on Second Reading by Title only. Vice Mayor Hansen seconded the motion. The vote on the motion was: Ron T. Mackail - for Carl C. Hansen - for Joseph N. Capretta - for Basil E. Dalack - for Elizabeth A. Schauer - for • The motion was therefore passed and adopted. B) Consideration of Internal Financing Proposal Village Manager Bradford explained that internal financing had been proposed as a way to save money; however, the village was in a unique situation of earning more on money invested than they were paying out in debt service. Finance Director Holloman distributed a spread sheet which explained the financing options, and concluded that the Village was now being paid 4.8~ interest on funds invested and the current rate on the letter of credit was 4.65$, with both subject to float. Therefore, the Village was currently earning 15 basis points more than they were expending to pay off debt. Finance Director Holloman suggested another option: instead of borrowing from the Water Department, to start paying down the principal to the bank, and to monitor rates in the future and if the rate received dropped equal to or less than the rate being paid to NationsBank, then to go to internal financing at that time. • Village Manager Bradford explained that 1/12 of the VILLAGE COUNCIL • MEETING MINUTES June 10, 1999 PAGE 25 --------------- $212,000 in recurring revenue would be paid each month from now on to reduce the principal owed. XIII. ANY OTHER MATTERS Vice Mayor Hansen commented that the Village Council had fought ENCON's proposal to sewer the peninsula for the past 2-3 years because the Village and residents felt septic tanks were not polluting the river. Vice Mayor Hansen explained that the Village had done all it could do in this matter and it was now up to the residents. The vice Mayor reported he had been to the ENCON meetings and that ENCON believed it was only the village Council that was against sewering and that the residents would not mind having sewers. The Vice Mayor reported that ENCON did not believe • residents were against this because they did not come to ENCON's meetings to state their objections. vice Mayor Hansen expressed disappointment that only the same 10-15 residents donated funds to the Political Action Committee, which was working against the sewering proposal. vice Mayor Hansen reported that the Political Action Committee was not finished but things did not look good, and stated he was disappointed that more citizens did not go to the ENCON meetings because ENCON really believed the citizens wanted sewers and that only the Village Council was opposed. XIV. ADJOURNMENT Councilmember Schauer moved that the meeting be adjourned. Councilmember Dalack seconded the motion. The vote on the motion was: Ron T. Mackail - for Carl C. Hansen - for Joseph N. Capretta - for • Basil E. Dalack - for VILLAGE COUNCIL MEETING MINUTES June 10, 1999 PAGE 25 --------------- Elizabeth A. Schauer - for The motion was therefore passed and adopted and the meeting was adjourned at 9:30 P.M. Respectfully submitted, ~~.~~~ ~G~~~ Betty L"aur Recording Secretary ATTEST: Joann Manganiell Village Clerk DATE APPROVED: ~~- . i9~9 •