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HomeMy WebLinkAboutMinutes_Workshop_10/23/1996• VILLAGE OF TEQUESTA Post Office Box 3273 357 Tequesta Drive Tequesta, Florida 33469-0273 (407) 575-6200 Fax: (407) 575-6203 VILLAGE OF TEQUESTA VILLAGE COUNCIL WORKSHOP MEETING MINUTES OCTOBER 23, 1996 • I. CALL TO ORDER AND ROLL CALL The Tequesta Village Council held a workshop meeting at the Village Hall, 357 Tequesta Drive, Tequesta, Florida, on Wednesday, October 23, 1996. The meeting was called to order at 5:00 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 Elizabeth A. Schauer, Carl C. Hansen, and Michael R. Meder. Also in attendance were: Village Manager Thomas G. Bradford and Village Clerk Joann Manganiello. Councilmember Joseph N. Capretta was absent from the meeting. II. APPROVAL OF AGENDA Councilmember Meder requested discussion under ANY OTHER MATTERS of the North County Education Foundation. Councilmember Hansen made a motion to approve the Agenda as amended. Vice Mayor Schauer seconded the motion. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer - for Carl C. Hansen - for Michael R. Meder - for • The motion was therefore passed and adopted and the Agenda Recucled Pnper • Village Council Workshop Meeting Minutes October 23, 1996 Page 2 was approved as amended. III. COMMUNICATIONS FROM CITIZENS (NON-AGENDA ITEMS) There were no communications from citizens. IV. REVIEW OF FPL PLANS FOR CONSTRUCTION OF TRANSMISSION LINE FROM JUPITER HILLS SUBSTATION TO TOWN OF JUPITER CORPORATE LIMITS Mayor Mackail commented that two FPL representatives were in attendance for this discussion, Rod Macon and Dan Morani. Village Manager Bradford explained that approximately four years ago Mr. Macon's predecessor had contacted the Village regarding the need to install a transmission line connecting the Jupiter Hills substation to Indian Creek Parkway. At that • time the Village had objected because of concerns regarding the impact to the proposed development along Old Dixie Highway, and subsequently the economic downturn of the early 1990's had caused FPL to shelve their plans. Now it was imperative that the transmission line be installed. Mr. Macon explained that he had not been here four years ago when this matter had first been discussed, and confirmed the Village Manager's comment that installation of the transmission line could no longer be delayed. Mr. Macon explained that the line would connect from the Jupiter Hills substation in Martin County to a point in southwestern Jupiter, and FPL's problem was to find the most economical and most unobtrusive route between those two points. Mr. Macon explained that this was part of a much larger project which extended all the way up to St. Lucie County, and that the primary reason for the project was for reliability of service in this area. The Jupiter Hills station at present only had one line coming in, and feeders coming out to service the area. If power were lost to the single line, the entire substation would go out. With the growth occurring in southern Martin County and Northern Palm Beach County, it would be prudent for FPL to connect the substation (point A)to the southwestern Jupiter link (point B), both for reliability • of service and to provide more power to the area. • Village Council Workshop Meeting Minutes October 23, 1996 Page 3 ------------------ Mr. Macon commented that one of the constraints in connecting the two points was the Loxahatchee River, which must be crossed at some point. The only logical point appeared to be at the site of one of the existing bridges, and there was an existing line crossing at the western bridge. Mr. Macon discussed how to get the line from the southern boundary of Tequesta to the substation. Four years ago there had been concern with the proposed north-south route along the east side of Old Dixie Highway because it would have been right in front of the proposed Village center envisioned at that time. At this time, FPL was trying to negotiate to place the line along the west side of Old Dixie Highway; however, in several places on that side of the road the pavement was so close to the property line there was no room for poles to be in the road right-of-way, but would actually have to be in the pavement. As a result, FPL must set the poles out of the road right-of-way onto private property, which belongs to Florida • East Coast Railroad. Negotiations had been ongoing for several months, with no agreement reached. FPL had offered to buy a strip of E'EC's excess property in that area right along the road right-of-way, but FEC did not seem interested in selling any of their property. Their only offer to this point had been a short-term lease; however, FPL could not afford to move the line in five years at expiration of the lease if FEC did not wish to renew. Mr. Macon explained that FPL was continuing to negotiate since they believed that would be the best route. A problem had been encountered with the east-west route involving County Line Road, by concerns expressed by a homeowners association on the south side of the road; therefore, for that reason FPL planned to place the line along the north side of County Line Road. Mr. Macon discussed the possibility of a U.S. One route, which had been considered four years ago but abandoned because of some very difficult areas to negotiate as far as placing poles. Since that time, changes had been made to the road which might make that route a possibility if the Village Council felt it would be desirable. Mr. Macon explained that FPL intended to construct this project during the last half of • 1997; therefore, the route needed to be determined by the end of 1996. Village Council Workshop Meeting Minutes October 23, 1996 Page 4 ------------------ Mr. Macon provided photographs to illustrate the size and appearance of the proposed line. Mr. Morani explained that the line would appear very similar to the existing line north along U.S. One to Hobe Sound, and that the only difference would be a taller pole at points where two circuits were attached to one pole line for distribution lines. Mayor Mackail questioned what the concerns of the Village Council had been four years ago in regard to this project. Village Manager Bradford responded that the size of the poles had been an aesthetic concern, and that they had been described as gigantic and comparable to those near Driftwood Plaza. Another concern had been with real or perceived problems regarding electromagnetic fields adjacent to anticipated residential developments. At that time, the Village Council had favored a route along U.S. One since it already had lines and there was no residential development • along the west side of that roadway in Tequesta. In response to Mayor Mackail's comment that a Village Ordinance required power lines for new developments to be placed underground, Village Manager Bradford explained that did not apply to FPL since they had a franchise agreement with the Village. Mayor Mackail requested that the least obtrusive and most aesthetically pleasing poles be used. Mr. Macon commented that Jupiter did not want the line along U.S. One, and were even discussing with FPL the cost of placing some lines underground along U.S. One and Indiantown Roads gateways. Councilmember Hansen commented that he would be strongly opposed to placing the line along the west side of U.S. One, but would be in favor of running the line along the east side, where there were existing lines. Vice Mayor Schauer commented that there would be objections to placing the line along either side of U.S. One, since there were condos on the east in the unincorporated areas and commercial development on the west. Councilmember Meder stated that he was against the U.S. One route on either side of the road, and believed the proper place for the line was along Old Dixie Highway. Councilmember Meder commented that the FEC property was unsightly and questioned whether they were doing anything to come into compliance on their commercial property, to which Village • Manager Bradford responded they did not have to comply since the property was undeveloped. Councilmember Meder pointed out • Village Council Workshop Meeting Minutes October 23, 1996 Page 5 ------------------ that the remnants of development were still on the land, however, Village Manager Bradford assured him that Ordinance 377 did not apply. Councilmember Meder questioned whether FEC had been contacted in regard to the Finance and Administration Committee's recent discussion regarding the possibility of an assessment of properties along Old Dixie Highway to purchase the FEC property. The Village Manager responded that no contact had been made. Councilmember Meder expressed his preference that the line be located along the west side of Old Dixie Highway, and requested that no stone be left unturned to negotiate that route. Councilmember Meder commented that he had discussed the impact of a line to the possible future Tri- Rail station on the west side of Old Dixie Highway, and that Mr. Macon and Mr. Morani had assured him that would not be a problem. Mr. Macon commented that FPL would be grateful for any assistance the Village could provide to help in their negotiations with FEC. Mayor Mackail inquired why FEC had • offered a 5-year lease, to which Mr. Morani responded that five-year leases were traditionally how FEC dealt with parallel utility installations; and explained that FPL had offered to purchase a strip as narrow as five feet adjacent to the road right-of-way, to which the FEC had responded with a counter offer of the five-year lease. Mr. Morani explained that at the end of the five years FEC could ask that the line be moved or increase the fees; and that these types of lines were very, very difficult to move. By allowing parallel users, FEC had found they could generate income; however, typically had only granted parallel rights to underground utilities such as telephone companies for fiber optic installations. In response to Vice Mayor Schauer's inquiry as to why FPL did not plan an underground installation, Mr. Morani explained that the cost to bury high-voltage transmission lines was much greater than to bury residential- type voltage lines, probably more than ten times greater, and that some sort of lease rights or land rights would still be needed because of how the roadway was situated with portions of the pavement within inches of the right-of-way corridor. Mr. Macon commented that FPL understood that it was not the Village's place to help FPL in their negotiations; however, if the Village could help FPL in any way in their dealings with FEC that it would be much appreciated. • Discussion ensued regarding comparison of the cost of above- • Village Council Workshop Meeting Minutes October 23, 1996 Page 6 ------------------ ground installation plus lease costs which would be anticipated to escalate after five years for the west side of Old Dixie Highway to an underground installation along the east side of Old Dixie Highway. Vice Mayor Schauer commented that possibly it might be cheaper for FPL to put everything underground if costs for 30 to 40 years were figured. Mr. Morani responded that today's cost had to be considered versus what increases might be in the future. Mr. Macon agreed that FPL would research the matter, however, intuition led him to believe the costs would still not be close. Village Manager Bradford expressed his opinion that it would be physically possible to install the line above ground along the east side of Old Dixie Highway, and that easements might be necessary from Palm Beach County and the Dorner Trust. Mr. Macon and Mr. Morani agreed, and stated that there was sufficient room within the road right-of-way for an above- • ground installation on the east side of the road. Mayor Mackail commented that FPL might not be able to get a return on their investment placing the line along the west side, however, it was worth exploring; and requested that if the east side had to be the ultimate choice that the installation be as aesthetically pleasing as possible by the use of smaller poles if at all feasible. Village Manager Bradford suggested that FEC might be concerned that selling a strip of land to FPL would disinterest potential buyers of the remainder, to which Mr. Macon responded that FPL might need to offer to buy a larger strip. Councilmember Meder suggested that staff be directed to pursue obtaining the land needed by FPL as described at the Finance and Administration Committee meeting, and then work out an arrangement with FPL. The purchase money would come from assessment of undeveloped lands in the mixed-use district in order to make the cost of holding of undeveloped lands higher. Councilmember Meder suggested that the land could be purchased and used as a park until the Tri-Rail station became a reality, and in the meantime the Village could solve FPL's problem. This would also solve one of the Village Council's top five priorities for the year--to increase the cost of holding vacant land. Discussion ensued regarding the • difficulty of dealing with FEC and their slowness in responding to any proposals. The land to which Councilmember • Village Council Workshop Meeting Minutes October 23, 1996 Page 7 ------------------ Meder was referring was the unused portion of all FEC land north of Bridge Road to the liquid petroleum tank across from the water plant. Village Manager Bradford explained that he believed Rinker owned the portion from Bridge Road to Tequesta Drive, which would be determined. Village Manager Bradford commented that some of the land was designated as endangered species habitat for scrub jays. Mayor Mackail inquired whether a specific area of the community could be assessed to pay for the land, to which the Village Manager replied affirmatively that a specific area could be assessed proportionate to the direct benefit received that a case could be made that property owners on the west side of the road received no benefit from something built on the east side; and that the Village would have to make sure prior to making a purchase that the assessment applied directly to the properties on the east side. Mayor Mackail stated he could not see how the FPL lines could be a benefit only to those • properties. Councilmember Meder explained that the land purchase and the FPL line were two different matters, and that any assessment must be for something which would directly benefit the landowners of the vacant properties. After purchase of the land using funds from assessments for whatever benefit was decided upon, the Village would then be able to help FPL by allowing them to place their poles on land owned by the Village. Mr. Meder commented that he wanted the land to be used for something other than a park at a later date; however, initial use as a park could make the area look much nicer since the Village did not have leverage to bring that land into compliance with Ordinance 377, and making the area look nicer could help increase property value of the land across the street, resulting in a larger tax assessment and making it more attractive to builders. Mayor Mackail stated that all the ideas which had been discussed were worth exploring. The difficulty of meeting the time frame required by FPL to establish a route by the end of the year was discussed. Mr. Macon explained that FPL would continue negotiations with FEC. The available area for poles on County Line was discussed. Mr. Morani explained that generally poles would be placed at the back edge of the space available. • Councilmember Hansen expressed his hope that installation on • Village Council Workshop Meeting Minutes October 23, 1996 Page 8 ------------------ the west side of Old Dixie Highway continue to be pursued, and asked whether the Village Manager could write a letter to FEC explaining that the Village Council had met with FPL and believed that other alternatives were very difficult for the Village and strongly recommend that FEC work with FPL. Village Manager Bradford agreed that would be a good idea. Village Manager Bradford explained that in regard to Councilmember Meder's suggestion for land purchase, that was being researched through another committee and he was currently awaiting cost estimates on other aspects of that concept. Councilmember Meder suggested that the way to get FPL an answer by the end of the year was to determine that the Village could accomplish the purchase plan within the next five years so that FPL could go ahead with a 5-year lease and be able to deal with the Village as owner at the end of the lease. Mr. Macon commented that FPL would not wish to gamble • upon entering into a five-year lease knowing that it would depend upon the Village's successful acquisition of the property. In response to Vice Mayor Schauer's questions regarding how the line would cross the river, Mr. Macon explained that the east side of the bridge was being considered because that area could be spanned and no poles would need to be placed into the water; although the majority of the Jupiter Town Council preferred placement on the west side of the bridge. Mr. Macon explained that FPL would present alternatives to the Jupiter Town Council along with the costs for each. Councilmember Hansen questioned the FPL representatives regarding electrostatic force fields. Mr. Macon explained that no study had yet concluded that there was any direct relationship between electric and magnetic fields and any kind of adverse health effects. Mr. Macon suggested that if any residents expressed concern that they be referred to FPL for information on the subject, and agreed to send the information to the Village Manager. Vice Mayor Schauer commented that the line installation shown in the photographs at today's meeting was much different than • that proposed four years ago. Village Manager Bradford explained that the poles proposed four years aga were like the • Village Council Workshop Meeting Minutes October 23, 1996 Page 9 ------------------ ones between Sea Colony and Driftwood Plaza on the east side of U.S. Highway One, which were much larger. Mr. Macon explained that line had been built many years ago and the pole spacing was much shorter than for the line going north of the Village to Hobe Sound, which was more representative of the proposed installation both in pole spacing and pole height. Mayor Mackail stated that, in conclusion, the Village Council would prefer installation on the west side of Old Dixie Highway; that the Village Manager would send a letter to FEC; and questioned whether the Village Manager should be instructed to research purchase of the property. Village Manager Bradford explained that Councilmember Meder's proposal was already being considered in regard to another subject, so that direction regarding that matter was not necessary at this meeting. Mr. Macon received clarification that the Village Council's last choice was U.S. Highway One, and that it was • worse than the east side of Old Dixie Highway; so that FPL could discontinue their research of that location. V. ANY OTHER MATTERS Councilmember Meder explained that there had been discussion at the North County Education Foundation meeting regarding being incorporated as a non-profit organization with a Board of Directors to be elected from representatives of other entities, such as the Village of Tequesta. A request had been made that each entity reverify that the representatives could serve as Directors and be covered by their entity's liability insurance. Councilmember Meder questioned whether citizens appointed to Boards were insured by the Village. Councilmember Meder explained that the Foundation was in the process of incorporating at this time. Village Manager Bradford expressed his opinion that the insurance provided by Village did not apply to any person serving on a Board of another corporation, whether they were a Councilmember or not. Mayor Mackail discussed the criteria needed to apply for a 501C-3 and the lengthy approval process. Councilmember Meder advised that the process was well underway and filing was expected before the end of the year. Village Manager Bradford • questioned whether the Foundation should in fact become a non- profit organization, since insurance would stay in effect for • Village Council Workshop Meeting Minutes October 23, 1996 Page 10 ------------------ representatives from governmental bodies appointed to other governmental bodies with intergovernmental agreements. If the Foundation became a stand-alone corporation then it would be their responsibility to provide coverage for all members of their Board. Village Manager Bradford explained that all the Village Councilmembers had public official liability insurance provided by the Village and were covered when acting in an official capacity. Village Manager Bradford explained that he had resigned his position from the Board of North County .Ambulance Service because the public official liability insurance did not apply to him when sitting on that Board. The Village Manager advised that the Foundation would need to purchase coverage for their Boardmembers or to never incorporate in order to keep costs down. Councilmember Meder commented that one purpose of incorporating was to be able to spend funds from fundraising activities as the Foundation saw fit, rather than having to obtain approvals from other • entities. Mayor Mackail explained that under a 501C if a fundraiser were held to raise $100,000 for computers for the schools and a smaller amount was raised, the Board might decide to spend the money for another purpose, which could get them in to trouble with the IRS. The Mayor suggested that the Foundation might want to revisit the liability insurance issue. Village Manager Bradford commented that the Village had been requested to relinquish the remainder of the funds budgeted for the Foundation. Councilmember Meder explained that the Foundation wished to consolidate those funds with the $5,000 from Commissioner Marcus. Village Manager Bradford commented that he had asked that the request be put into writing in order to provide a paper trail, and that he would then present the request to the Village Council for consideration, since an advantage of keeping the money in the Village would be that the Foundation must request approval for use of the funds. The question of whether Jupiter had paid their share for the brochure was discussed. Councilmember Meder explained that the Foundation was focused on racial balance within the schools, and had discussed school boundaries at their meetings; and although separate from the School Board, wished to help provide things needed by North County Schools. The • schools were providing wish lists which included items needed right away and sometimes included items such as pencils, pads • Village Council Workshop Meeting Minutes October 23, 1996 Page 11 ------------------ • of paper, etc. Councilmember Meder expressed his opinion that such things should be provided by the School District, rather than being spent on administration buildings. Councilmember Meder explained that the Foundation could raise money which could provide needed items to North County schools without being taken away by the School District and given to other political constituencies; and reported that the County Commission would only sign an interlocal agreement with the Foundation if the funds were used for all schools in the county. Councilmember Meder explained that there were dozens of similar organizations throughout the county, and that the County Commission's position made clear that North County must take care of itself. Vice Mayor Schauer pointed out that Commissioner Karen Marcus did support the Foundation. Discussion ensued regarding the fact that the money collected for schools was sent to Tallahassee, which allocated the funds throughout the state. Mayor Mackail explained that Palm Beach County was the most affluent county in the state and only received approximately 20G on each dollar sent to the state, with the rest disbursed throughout the state; and the problem would not be solved until the legislators were made to realize that Palm Beach County did not receive enough money to support their growth. Vice Mayor Schauer recommended that letters be written to the state legislators to redo the formula they use to distribute money to different counties throughout the State of Florida and to go back to a pre-lottery formula. VI. ADJOURNMENT Councilmember Meder moved that the meeting be adjourned. Mayor Mackail seconded the motion. The vote on the motion was: • Ron T. Mackail - for Elizabeth A. Schauer - for Carl C. Hansen - for Michael R. Meder - for the motion was therefore passed and adopted and the meeting was adjourned at 6:12 P.M. • Village Council Workshop Meeting Minutes October 23, 1996 Page 12 Respectfully submitted, _ f~~ \ ur ' ~~fy Betty Recording Secretary ATTEST: o~...~.~ - - -- - o~~ J nn Mangani to Village Clerk DATE APPROVED: • •