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HomeMy WebLinkAboutMinutes_Regular_09/12/1996~,> .: . • 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 MEETING MINUTES SEPTEMBER 12, 1996 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 12, 1996. 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 Elizabeth A. Schauer, Joseph N. Capretta, Carl C. Hansen, and Michael R. Meder. 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 Capretta gave the Invocation and led those in attendance in the Pledge of Allegiance to the American Flag. III. APPROVAL OF AGENDA The following additions to the agenda were requested: Councilmember Meder requested a discussion under ANY OTHER MATTERS of the priority list of the Council of Governments. Councilmember Hansen requested discussion under ANY OTHER MATTERS regarding Share A Vision. Vice Mayor Schauer requested discussion of the library under ANY OTHER MATTERS. Village Manager Bradford requested that Item IX (E) be tabled until the September 24 meeting, and subsequently change Item Kecycled Paper • Village Council Meeting Minutes September 12, 1996 Page 2 ------------------ (F) to Resolution 39 instead of Resolution 40. Mayor Mackail requested addition under ANY OTHER MATTERS of discussion of the mediation which the Village had taken part in the previous evening. Councilmember Mader 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 - far Joseph N. Capretta - for Carl C. Hansen - for Michael R. Mader - for The motion was therefore passed and adopted and the Agenda was approved as amended. • IV. COMMUNICATIONS FROM CITIZENS (NON-AGENDA ITEMS] Bryan Bogue, 89 Fairview East, representing Jupiter SGA, requested that the Village close Bridge Road to be used as a line-up area for the annual Homecoming Parade. Mr. Bogue explained that the back side of Tequesta Plaza and Bridge Road would only be used in the event that the use of the front side of Tequesta Plaza was not allowed. Discussion ensued. Mr. Bogue was advised to get the Felhaber Corporation to grant permission for the use of the Tequesta Plaza parking lot if possible. Mr. Bogue advised that line up would begin at 2 P.M. and the parade would begin at 3 P.M., therefore the street would need to be closed for approximately one hour. Councilmember Mader made a motion to close Bridge Road for one hour to permit the line-up for the Homecoming Parade. Councilmember Hansen seconded the motion. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer - far • Joseph N. Capretta - for • Village Council Meeting Minutes September 12, 1996 Page 3 ------------------ Carl C. Hansen - for Michael R. Mader - for The motion was therefore passed and adopted. Susan Emley, 49 Caribbean Court, President of Coastal Players, thanked the Village for their cooperation and support. Ms. Emley explained that Coastal Players was in storage and requested any support, especially from anyone who could provide a 6, 000 - 8, 000 S.F. building for a theater. Ms. Emley commented that anyone was welcome to help with future productions. In response to Councilmember Mader, Ms. Emley explained that the previous theater had been 4,000 S.F., and that 6,000 S.F. would accommodate other things. V. PUBLIC HEARINGS • A) Resolution No. 35-95/96 - Approving the 1996/1997 Stormwater Utility Services Assessment Roll; and Adopting the Assessment Rates. (Staff Recommends Approval) 1) Resolution Read by Title. Attorney Scott Hawkins read Resolution No. 35-96/96 by title only. 2) Overview of Resolution (Bill C. Kascavelis, Director of Finance) Mr. Kascavelis explained that this Resolution would place assessments for Stormwater Utility capital improvements on the property tax bills this coming November. Mr. Kascavelis explained the process which had been followed to comply with State requirements, i.e., a notice had been provided to all property owners in the community via first class mail, proper advertisements had been made, and errors in the assessment had been corrected. Mr. Kascavelis reported that most of the • approximately 100 telephone calls he had received regarding this matter had been requests to define • Village Council Meeting Minutes September 12, 1996 Page 4 ------------------ impervious area, which was any area of concrete, bituminous, or asphalt and which would cause a runoff. A letter had been received from Georgetown Manor expressing concern regarding ponding on their property. The matter would be handled by the Stormwater Utility Director to make a ruling regarding any adjustment to the assessment; if the property owner was not satisfied they could request review by the Stormwater Utility Board. Mr. Kascavelis explained that an advantage to this form of collection was that non-profit organizations would pay the assessment based upon their participation in water runoff. Village Manager Bradford explained that the purpose of the assessment was to raise revenue sufficient to provide funds necessary to meet the mandates of • the Environmental Protection Agency, NPDES, National Pollution Discharge Elimination Program, which commences October 1, 1996 and to provide a new source of revenue to the Village to provide for flood control improvements throughout the Village and to provide revenue for the maintenance of existing flood control infrastructure. 3) Village Council and Public Comments In response to Vice Mayor Schauer, the Village Manager explained that the new Stormwater Utility Director would begin work October 3, 1996 and would handle the Georgetown Manor matter. Vice Mayor Schauer reported that she had only received five phone calls regarding the notice which were compliments for having the letter of explanation attached. Village Attorney John C. Randolph arrived at 7:15 P.M. Attorney Scott G. Hawkins left at that time. Village Manager Bradford stated for the record that a letter had been received from Vincent P. Amy, a • Tequesta resident, in which Mr. Amy had requested • Village Council Meeting Minutes September 12, 1996 Page 5 ------------------ that this item be placed within Tequesta's Ad Valorem taxes. Mr. Amy's letter has been attached to and made a part of these minutes. 4) Motion to Adopt/Reject Resolution Vice Mayor Schauer made a motion to approve Resolution No. 35-96/97 as read. Councilmember Hansen seconded the motion. The vote on the motion was: Ron T. Mackail - for Elisabeth A. Schauer - for Joseph N. Capretta - for Carl C. Hansen - for Michael R, Mader - for • The motion was therefore passed and adopted. B) Review of Proposed Village General Fund, Improvement Hond Revenue Fund, Coannunity Development Special Revenue Fund, Capital Improvement Fund, Special Law Enforcement Trust Fund, Water Enterprise Fund, Refuse & Recycling Enterprise Fund and the Stormwater Utility Enterprise Fund for Fiscal Year 1996/1997. 1) Announcement of Proposed Millage Rate (6.4693) and Percent (3.96) by which the Proposed Millage Rate Exceeds the Rolled-Back Millage Rate (6.2226) Village Manager Bradford announcement and stated that revenues were being increas revenues sufficient to meet expenditures of the Village of year 1996/1997. 2j General Fund made the above the ad valorem tax ed to provide for the General Fund Tequesta for fiscal • Village Manager Bradford reported that revenue consisted of taxes of $2,759,295; Licenses, Permits • Village Council Meeting Minutes September 12, 1995 Page 6 ------------------ & Fees totaling $10,500; Intergovernmental Revenue of $616,225, General Government Services $185,260, Fines and Forfeitures of $54,500; Miscellaneous Revenues of $51,715; Non-Governmental Inter-Fund Transfers of $356,900; and Intra-Governmental Services of $163,150. Total Revenues of the General Fund were $4,917,545, with Estimated Fund Balance as of 10/1/96 of $566,614, Expenditures of the General Fund in General Government: Legislative totaled $18,825; Executive totaled $250,870; Clerk Records Management and Elections Operating Expenses totaled $31,225; Financial Administration totaled $208,370; Legal Council totaled $92,000; Other General Government totaled 277,860. Public Safety Law Enforcement - Police Department totaled $273,140; Communication Division totaled $210,930; Compliance Division totaled $68,990; Investigative • Service Division totaled $85,570; Patrol Division totaled $883,975; making the Police Department total $1,522,605. Fire Rescue Services Fire Services totaled $858,640; EMS totaled $189,790; making the Fire Rescue Department total $1,048,430. Total Public Safety in the Village totaled $2,571,035. Transportation Public Works Department figures for Public Works Division totaled $471,875; Mosquito Control totaled $4,850; Park and Recreation Department totaled $113,080; Youth Programs Grants and Aids totaled $13,000, making the total Park and Recreation $209,415. The cost of debt service for lease purchase payments on the Fire-Rescue tower truck totaled $56,660. Total General Fund Expenditures totaled $4,195,485, with an estimated Fund Balance as of 9/30/97 of $568,674. 3) Improvement Bond Revenue Fund Village Manager Bradford reported that the Government Bond Revenue Fund had been created to account for revenue pledged for outstanding bonds of the Village. Total revenues were $444,700, and • total expenditures were $467,875. Estimated Fund • Village Council Meeting Minutes September 12, 1996 Page 7 ------------------ Balance as of 9/30/96 was $16,558. 4) Community Development Special Revenue Fund Village Manager Bradford reported that this was a new fund created effective October 1, 1996 to account for building, zoning, planning, and occupational license programs in the Department of Community Development to make that department self sufficient financially. Revenues were Licenses and Permits $468,600; Inter-Governmental $24,790; General Government Services $28,300; Miscellaneous Revenue $14,000; and Non-Revenue Transfers $59,100 for total Revenues of $594,790. Expenditures for Comprehensive Planning Administrative were $66,945, and Building Inspections Administrative totaled $124,970. The Inspection Division total was • $83,490, Building Department totals $208,460; Community Development Totals $275,405, with an Estimated Fund Balance 9/30/97 of $319,385 which was anticipated due to Tequesta Oaks Development. 5) Capital Improvement Fund Total Revenue for this fund was $154,000; Expenditures for Capital outlay paving projects $94,508. The Tequesta Drive Widening Project cost was $22,270. Parks & Recreation Improvements expenditures totaled $32,500. Total Expenditures were $149,270. 6) Water Enterprise Fund Village Manager Bradford reported total revenues were $3,242,900. Expenditures consisted of Pumping & Storage Division $1,319,205; Distribution Division $310,880; Administrative and Office Division $566,770, making total operating expenses $2,196,425. Debt Service for the 1996 Series Refunding Bonds totaled $581,105; Non-Governmental Expenses totaled $10,000 for Lighthouse Gallery and • Coastal Players; Transfers totaled $165,000, making • Village Council Meeting Minutes September 12, 1996 Page 8 total Operating, Debt Service & Non-Governmental Expenses $2,952,530. Capital Outlay System Improvements Renewal and Replacement Fund totaled $140,100; Capital Improvement Fund totaled $18,050; and Retained Earnings Account totaled $5,563,195; for total Capital Outlay Expenditures of $5,721,345 and Total Water Enterprise Fund Expenditures of $8,673,875. 7) Refuse & Recycling Enterprise Fund Village Manager Bradford explained that this fund accounted for the cost of garbage and recycling and appeared as a non ad valorem assessment on the property tax bills for all non-commercial properties located within the Village. Total Revenue was $299,060. Total Expenditures were • $297,380. 8) Stormwater Utility Enterprise Fund Total revenues from fees and interest income were $200,500, the subsidy authorized by the Village Council from the General Fund was $41,500, making the total revenues $242,000. Total operating expenses were $241,880. 9) Special Law Enforcement Trust Fund Village Manager Bradford explained that this fund balance of $2,729 from Fines and Forfeitures obtained through drug related activities consisting of personal property confiscated within the Village could not be spent without a specific request from the Chief of Police and special approval by the Village Council. 10) Village Council Comments Councilmember Meder suggested that next year a more creative way of presenting the budget material be • found to involve the public. Councilmember Meder • Village Council Meeting Minutes September 12, 1996 Page 9 suggested that the budget workshops be advertised as budget workshops rather than just workshop meetings so that the public would know that they were held specifically for review of the budget. Councilmember Meder commended the Village Manager on the perc chart for priorities, and recommended this type of chart for everything, and especially for the budget process for next year so that the process could be made public. Councilmember Meder commented regarding $92,000 for legal fees previously mentioned, and requested an explanation be added within the budget explaining the amount of legal fees compared to those of the previous year and the reasons for the change in figures. Councilmember Meder commented that the Village was spending some of its money in the best way possible for Fire Rescue and Police services, and reported a • recent situation where a child who had stopped breathing had been revived. Counciimember Hansen commented that the budget figures represented many, many hours spent by staff plus several meetings, and complimented staff for their efforts. Councilmember Hansen noted that the current ad valorem taxes approximated the amount being spent for Police and Fire Rescue. Village Manager Bradford commented that the ad valorem taxes should raise 3.969 more money than in the prior year, reflecting a rise in both existing property values and in new construction. Councilmember Capretta commented that for the past 8-9 years he had been on the Village Council that the assessed base of the Village had remained flat so that revenue had not increased with which to operate the Village. The Village had not experienced the growth which had occurred in other municipalities such as Jupiter, who this year had a 13~a tax increase even with all of their growth. Councilmember Capretta explained that the Village had carefully controlled spending for several • years; however, now was lacking space for employees and operating in an old building, which would have • Village Council Meeting Minutes September 12, 1996 Page 10 to be addressed at a future date when funds were available. New development was just beginning in the Village which would increase revenue with the new DiVosta development of Tequesta Oaks, Cliveden Condominium, and Sterling House ECF. The Village property was assessed at approximately $360 million and needed to be $400 million so that money would be generated to take care of physical problems. Councilmember Capretta explained that the Village budget contained a higher amount for public safety than similar size towns, which reflected the concept that the Village have the best Fire Rescue and Police services available. Vice Mayor Schauer commented that she agreed with Councilmember Capretta's comments. • Mayor Mackail questioned the anticipated amount of retained earnings in the Water Enterprise Fund this time next year, to which the response was approximately $300,000, and that interim financing might have to be obtained. Mayor Mackail discussed legal fees, and explained that the Village did not go out to sue others, but was defending their position regarding roads, and the water issue with Jupiter. Mayor Mackail stated that he agreed in theory with Councilmember Meder that the public should be involved in the budget process, however, he also believed that the job of the Department Heads was to bring to the Village Manager and to the Village Council the best budget they could work with and from there reduce the budget to meet certain demands by the Village Council. Mayor Mackail explained that the Village might possibly not have funds available to restore the Village in the event of a major hurricane. The Mayor commented that the Village had no tax increases for several years up until last year and had a low rate compared to other municipalities. Mayor Mackail expressed concern regarding the retained earnings balance and the fees expended on legal fees, and • agreed with Councilmember Capretta that the assessed value of the Village must be increased. • Village Council Meeting Minutes September 12, 1996 Page 11 ------------------ Mayor Mackail discussed annexation as a method of increasing the tax base, and complimented the staff on the budget. 11) Public Comments There were no comments from the public. 12) Adoption of Tentative Village Budgets Village Manager Bradford recommended adoption of 6.4693 millage rate which could be reduced at the second budget hearing scheduled for September 24, 1996, if feasible. Councilmember Hansen made a motion to approve the millage rate of 6.4693. Vice Mayor Schauer • seconded the motion. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer - for Joseph N. Capretta - for Carl C. Hansen - for Michael R. Mader - for The motion was therefore passed and adopted. 13) Announce Date, Time & Place of Final Budget Hearing Mayor Mackail announced that the Final Budget Hearing would be on Tuesday, September 24, 1996 at 7:00 P.M. at the Village Council Chambers. 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 • Village Council Meeting Minutes September 12, 1996 Page 12 ------------------ in its normal sequence on the Agenda. The following items were listed on the Consent Agenda: V. APPROVAL OF MINUTES AND REPORTS *A) Stormwater Utility Board; May 29 1996 *B) Village Council Meeting; July 25,1996 *C) Special Village Council Meeting; July 30, 1996 *D) Local Planning Agency Public Hearing; August 8, 1996 *E) Village Council Meeting; August 8, 1995 *F) Special Village Council Meeting; August 12, 1996 *G) Village Manager's Report; August 5, 1996 - September 6, 1996 • IX. NEW BUSINESS *H) Consideration of Change Order to TLC Di versified, Inc., of West Palm Beach, Florida, in the Amount of $30,832, for Replacement of the Water Treatment Plant 10,000 Gallon Surge Tank, with Funding to be Provided by the Water Enterprise Fund Renewal & Replacement Account, Having an FY 95 Fund Balance of $30,934. (Staff Recommends Approval ) Village Manager Bradford reported a correction in IX (H) from 95 to 96 F'~nd Balance. Motion was made by Vice Mayor Schauer to approve the Consent Agenda as amended by the correction from 95 to 96 Fund Balance in .item IX (H). The motion was seconded by Councilmember Meder. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer - for • Joseph N. Capretta - for • Village Council Meeting Minutes September 12, 1996 Page 13 ------------------ Carl C. Hansen - for Michael R. Mader - for The motion was therefore passed and adopted and the Consent Agenda was approved as amended. VIII. DEVELOPMENT MATTERS A) Landscape Ordinance No. 377 Plan Review; Landscape Waiver Request; Tequesta Cove Condominium, 200 Waterway Road. Edward J. Haack, Landscape Architect. Mr. Haack offered to review the requested waivers. Mayor Mackail commented that the Community Appearance Board had approved the waivers by unanimous 5-0 vote. • Comments by Councilmembers indicated no problems with the plans. Councilmember Hansen made a motion to approve the plans as presented. Vice Mayor Schauer seconded the motion. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer - for Joseph N. Capretta - for Carl C. Hansen - for Michael R. Mader - for The motion was therefore passed and adopted. B) Landscape Ordinance No. 377 Plan Review; Landscape Waiver Request, Apex Texaco, 250 U.S. Highway One South.. George Gentile & Associates, Landscape Architect. Jason Leonard, Landscape Architect representing George Gentile & Associates, requested approval for twelve waivers. Vice Mayor Schauer questioned whether the Water Department had helped the applicant with their • problem, to which the response was affirmative. • Village Council Meeting Minutes September 12, 1996 Page 14 ------------------ Vice Mayor Schauer made a motion to approve the plans as presented. Councilmember Mader seconded the motion. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer - for Joseph N. Capretta - for Carl C. Hansen - for Michael R. Mader - for The motion was therefore passed and adopted. C) Landscape Ordinance No. 377 Plan Review; Landscape Waiver Request; Blair House West, 331 Tequesta Drive. Debra Northsea, Landscape Architect. • Councilmember Hansen questioned the lack of landscaping in the parking area, to which Ms. Northsea responded that there were a total of 36 units and 54 parking spaces, that some unit owners had two cars, and that during the season there were no spaces available. In lieu of parking islands Ms. Northsea explained that she had proposed the addition of shrubbery for the garbage and trash collection areas which were currently completely graveled. Ms. Northsea responded to Councilmember Capretta's question regarding the cost of the landscaping that it would be approximately $300 per unit over a 4-year period. Councilmemmber Mader made a motion to approve the plans as presented. Councilmember Hansen seconded the motion. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer - for Joseph N. Capretta - for Carl C. Hansen - for Michael R. Mader - for • The motion was therefore passed and adopted. • Village Council Meeting Minutes September 12, 1996 Page 15 ------------------ D) Landscape Ordinance No. 377 Plan Review; Landscape Waiver Request; Leonhardt-Sullivan Buildings, 140-154 Bridge Road. O'Mahoney Design Group. Landscape Architect O'Mahoney explained that she believed an innovative solution had been found for these buildings which could set precedent for the rest of the road. Councilmember Meder questioned the cost of the landscaping to which Ms. O'Mahoney responded it would be no more than $12,000. Councilmember Hansen commented that the rear parking seemed to be overflow, to which Ms. O'Mahoney responded the parking was needed at times for overflow, and that the plan addressed the derelict look by adding plants and cleaning up the area. The percentage of green was 10~ on the 150 Building and 11$ on the 140 Building. Vice Mayor • Schauer questioned the suggestion of shifting Bridge Road northward. Ms. O'Mahoney explained that the plan as drawn only left 3 to 7 feet green space between the edge of any parking space to the existing road; however, if Bridge Road were shifted from 12 feet or more to the north there would be room for street trees between the parking and the roadway and would also have the potential to straighten the alignment at the intersection of Dixie which was a dangerous angle. Councilmember Capretta reviewed the history of Landscaping Ordinance 377 and explained how this would improve the looks of the Village. Village Manager Bradford commented that three of the parking spaces on this plan were in the public right-of-way, which could be lost if the Village adopted on-street parking. Building Official Scott D. Ladd explained that all of the parking spaces were on the right-of-way now but that Ms. O'Mahoney had created some off-street parking and was using less right-of-way than before. Mr. Ladd explained that Ms. O'Mahoney's suggestion to move the roadway was feasible and that the Village Council had the authority to do that. Mr. Ladd explained that moving the road within the existing 80-foot right-of- way could be accomplished since the road was only 22 • feet wide; that it would enhance the street, and • Village Council Meeting Minutes September 12, 1996 Page 16 ------------------ correct the hazardous angle at Old Dixie, which had always been a safety problem; that other safety issues such as cars backing out onto the roadway could be fixed; and the trees on the north side of the road belonged to the Village. Village Manager Bradford commented that. the change would also improve drainage and that assessments could be imposed. Mayor Mackail stated that he would like to have the situation studied. Mr. Ladd suggested that the street could be confined. Village Manager Bradford commented that a charrette for property owners on both sides of the road could be held. Councilmember Meder made a motion to approve the plans as presented. Councilmember Hansen seconded the motion. The vote on the motion was: • Ron T. Mackail - for Elizabeth A. Schauer for Joseph N. Capretta - for Carl C. Hansen - for Michael R. Meder - for The motion was therefore passed and adopted. IX. NEW BUSINESS A) Resolution No. 36-95/96 - Adopting the Position of the Palm Beach County Municipal League, Inc., with Regard to the School Concurrency Issue; Requesting that Each and Every Other Municipality in Palm Beach County, the Hoard of County Commissioners and the Palm Beach County School .Hoard adopt the Same Position in Order That We May All Work Together Toward Achieving Quality Education in Palm Beach County; Providing an Effective Date; and for Other purposes. (Staff Recommends Approval) Village Attorney Randolph read Resolution No. 36-95/96 • by title only. • Village Council Meeting Minutes September 12, 1996 Page 17 ------------------ Councilmember Meder expressed agreement with Mayor Mackail's votes regarding this issue. Vice Mayor Schauer stated that she believed in concurrency; however, at the 9/4/96 School Board Meeting the Board was notified by their staff that the Jupiter High School principal and the Jupiter Advisory Council had approved Jupiter High School as an alternative education site which would include child care for students while attending classes, and a clothing design school. Vice Mayor Schauer reported that this approval had never taken place. Also, the County had approved funds for lighting the softball fields, the Town of Jupiter had approved the lighting, and the Palm Beach County School Board staff had turned down the lighting because the site planned for lighting would be a parking lot under the new Master Plan. Vice • Mayor Schauer explained that there was nothing within the 5-year plan stating there would be money for a new high school. At the 9/4/96 meeting the School Board was told by staff that close to 20 buildings at Jupiter High School would be demolished. None of these items had been approved by the SAC committee. Also, Abacoa planned to request that their students go to Dwyer High School. Vice Mayor Schauer reported that Dwyer was at total capacity with a higher percentage of African- Americans, and that Jupiter High School was under capacity and needed more of those students so that capacity could be met . Vice Mayor Schauer commented that she had changed her vote because of these events and would vote in favor of the position of the Municipal League. Vice Mayor Schauer expressed her mistrust of the School Board staff. Councilmember Hansen expressed concern that Palm Beach County was Baying more than $10,000 per student while in Iowa they paid $5,000 to X7,000 per student and had the highest percentage in the country of high school students going on to higher education. Councilmember Hansen commented that more facilities were needed and that he was in favor of the 1C sales tax; however, he • was not in favor of the School Board dictating what the local municipalities could build and was concerned that • Village Council Meeting Minutes September 12, 1996 Page 18 ------------------ the 5 or 7 year catching up program might not be sufficient. Councilmember Hansen stated that he would vote for the League's position in this case. Councilmember Hansen made. a motion to approve Resolution 36-95/96. Councilmember Metier seconded the motion. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer - for Joseph N. Capretta - for Carl C. Hansen - for Michael R. Mader - for The motion was therefore passed and adopted. • Mayor Mackail stated that focus must remain on the children and that the Municipal League was calling for accountability. B) Resolution No. 37-95/96 - Approving the Employees' Pension Trust Fund of the Village of Tequesta Trust Joinder Agreement with the Florida Municipal Trust Fund and Authorizing the Mayor to Execute the Same on Behalf of the Village. (Staff Recommends Approval) Village Attorney Randolph read Resolution No. 37 - 95/96 by title only. Vice Mayor Schauer made a motion to approve Resolution No. 37 - 95/96. Councilmember Hansen seconded the motion. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer - for Joseph N. Capretta - for Carl C. Hansen - for Michael R. Mader - for • The motion was therefore passed and adopted. • Village Council Meeting Minutes September 12, 1996 Page 19 ------------------ C) Resolution No. 38-95/96 - Authorizing the Investment of the Funds of the Employees' Pension Trust Fund of the Village of Tequesta by the Florida Municipal Pension Trust Fund within the Procedures, Policies and Methods Outlined in Said Funds Master Trust Agreement, Providing an Effective Date. (Staff Recommends Approval) Village Attorney Randolph read Resolution No. 38 -95/96 by title only. Vice Mayor Schauer made a motion to approve the plans as presented. Councilmember Hansen seconded the motion. The vote on the motion was: Ron T. Mackail - for • Elizabeth A. Schauer - - for Joseph N. Capretta for Carl C. Hansen - for Michael R. Mader - for The motion was therefore passed and adopted. D) Ordinance - First Reading - Clarifying Intent of Ordinance 518 Relative. to Previous Firefighter Fension Plan. (Staff Recommends Approval) Village Attorney Randolph read the above Ordinance on First Reading by title only, and clarified that this Ordinance was not intended to rescind the participation of the Florida Municipal Pension Trust Fund but to merge with them. Vice Mayor Schauer made a motion to approve the above Ordinance on First Reading by title only. Councilmember Hansen seconded the motion. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer - for • Joseph N. Capretta - for • Village Council Meeting Minutes September 12, 1996 Page 20 ------------------ Carl C. Hansen - for Michael R. Meder - for The motion was therefore passed and adopted. E) Item E was tabled for consideration at the September 24, 1996 Village Council meeting. F) Resolution No. 39-95/96 - Approving an Interlocal Agreement Between the Village of Tequesta, Martin County and Palm. Beach County Regarding Mediation Services to be Provided by Mediation Services, Inc.. (Staff Recommends Approval. Village Attorney Randolph read Resolution No. 39-95/96 by title. only. • Mayor Mackail reported that the first meeting with the Mediator, Harry Goodheart, had been held the previous evening and expressed his disappointment that there had been so few Tequesta residents present. Mayor Mackail cautioned residents that they should not miss this opportunity to be a part of the process. The Mayor explained that the Country Club Drive residents who had expressed concern as well as others who had expressed an interest previously had been sent letters inviting them to participate and stressed how important it was that everyone participate. Mayor Mackail reported he had toured the area with Mr. Goodheart for two hours. The Mayor announced that Jupiter had decided not to participate; therefore, the other three participants would share the cost. The Mediator would still contact the people of Jupiter. Councilmember Meder commented that Jupiter had made a bad choice not to participate. Village Manager Bradford explained that 21 people were invited by letter to attend and that a letter would be sent to those interested explaining last night's meeting and it would include attachments that were passed out; and anyone who desired to be on the mailing list should stop by his office and they would be given a copy of the materials from the previous night's • meeting. Vice Mayor Schauer reported that the previous Village Council Meeting Minutes ' September 12, 1996 Page 21 ------------------ night's meeting was informational and the first public forum would be on Wednesday, November 20, with the time and location to be announced. Councilmember Hansen commented on the high number of Martin Country residents who had been in attendance at the meeting. Palm Beach Gardens High School had been the meeting place, and discussion had been held after the meeting regarding possibly using Limestone Creek Elementary School for future meetings. Vice Mayor Schauer made a motion to approve Resolution 39 - 95/96. Councilmember Meder seconded the motion. The vote on the motion was: Ron T. Mackail - for Elisabeth A. Schauer - for Joseph N. Capretta - for Carl C. Hansen - for • Michael R. Meder - for The motion was therefore passed and adopted. G) Consideration of Bid Award to Andrew J. And Ann R. Nicholl of Tequesta, Florida, in the Amount of $26,250 for the Sale of the 370 Maple Avenue Single-Family Home Property. (Staff Recommends Approvaly Village Manager Bradford explained that this was the single-family home to which the Village had obtained title through foreclosure. Six bids had been opened on August 29, 1996, and the high bid had been for $26,250. Vice Mayor Schauer made a motion to approve the bid by Andrew J. And Ann R. Nichoil in the amount of $26,250. Councilmember Meder seconded the motion. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer - for Joseph N. Capretta - for Carl C. Hansen - for Michael R. Meder - for • Village Council Meeting Minutes September 12, 1996 Page 22 ------------------ The motion was therefore passed and adapted. X. UNFINISHED BUSINESS A) Ordinance - First Reading - Assessing and Imposing a .85~ Excise Tax on Insurers Receipts of Premiums from Policy Holders on all Premiums Collected on .Property Insurance Policies Covering Property within the Corporate Limits of the Village of Tequesta, Florida; Providing for the Appropriation of Said Taxes to the Retirement Plan and Trust Account Established for the Police. Officers of the Village of Tequesta, Florida; Providing Said Tax Shall be in Addition to all other License Taxes not Levied or Hereafter Levied by the Village of Tequesta, Florida; Providing for the Payment • and Collection of Said Tax; Providing for Severability; Providing for Codification; Providing for the Repeal of Conflicting Ordinances; Providing for Effective Date. tStaff Recommends Approval) Village Attorney Randolph read the above Ordinance by title only on Second Reading. Village Manager Bradford explained that this was not a new tax, and was already in effect on every homeowners policy sold in the State of Florida. At present, monies paid by Tequesta residents were forwarded to Tallahassee and disbursed to the retirement funds of police officers throughout the State except for the Village of Tequesta. Adoption of this Ordinance would ensure that funds would be received annually for deposit into the retirement fund for Tequesta's police officers. Vice. Mayor Schauer made a motion to approve the above ordinance on Second Reading by title only. Councilmember Mader seconded the motion. The vote on the motion was: • Ron T. Mackail - for • Village Council Meeting Minutes September 12, 1996 Page 23 ------------------ Elizabeth A. Schauer - for Joseph N. Capretta - for Carl C. Hansen - for Michael R. Meder - for The motion was therefore passed and adopted. XI. ANY OTHER MATTERS Councilmember Meder reported that the monthly meeting of the Council of Governments had been moved to the third Monday of each month, which would allow him to bring items to the attention of the Village Council in advance of the meeting. Councilmember Meder explained that at the next Monday's meeting the Council of Governments' priorities would be discussed, and requested that the Village Councilmembers • submit any opinions regarding the suggested priorities to the Village Manager's office so that he could pick them up to take to the meeting. Councilmember Meder explained that a task force of three prominent area residents had been appointed to establish priorities. Councilmember Meder reported that Jupiter had not had a representative at the Council of Governments since April. Councilmember Hansen presented his idea of A Shared Vision for Tequesta and invited participation from everyone regarding what they would like the Village to become. He wanted to establish a vision for the next 5 - 10 years and if necessary to spend what is needed to achieve the vision. Councilmember Hansen stated his reasons for wanting to formulate a vision, which were that he believed the community to be homogenous with the people wanting the same things, and more young people and children were living in the Village. Items which Councilmember Hansen would like to see in a Vision statement would include a good and effective Police and Fire Department, Codes that are reasonable and being enforced, continuation of the Tree City scheme, improved landscaping along the roadways, bicycle paths and sidewalks wherever possible and desirable, some emphasis on cultural aspects whether financial or non-financial, avoidance of big business but a goad climate for local • Village Council Meeting Minutes September 12, 1996 Page 24 ------------------ business people to operate. Councilmember Hansen commented that others might be able to come up with more and better defined ideas for how the Village should look and how it could better serve residents into the next century. Councilmember Hansen invited the Village Manager and staff to take an interest in this and for participation by everyone. Mayor Mackail commented that he believed the Village needed to strive to be a quality community to attract residents because of the community's characteristics, and expressed his agreement and support for everything Mr. Hansen had said. Mayor Mackail commented this was a long-term plan and he wanted to work with Mr. Hansen on this. Vice Mayor Schauer expressed concern that plants around the library were deteriorating and questioned whether there was a time period when the. architect or landscaper would replace shrubbery. Building Official Ladd agreed to research this matter. XIV. ADJOURNMENT Councilmember Meder moved that the meeting be adjourned. Councilmamber Hansen seconded the motion. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer - for Joseph N. Capretta - for Carl C. Hansen - for Michael R. Meder - for the motion. was therefore passed and adopted and the meeting was adjourned at 8:52 P.M. • • Village Council Meeting Minutes September 12, 1996 Page 25 ------------------ :; ~, ATTEST: J ann Mangani o Village Clerk DATE iFPPR.ov~ii: Respectfully submitted, aC.~(~~ $etty ur Recording Secretary • Village of Tequesta Vincent F.Amy S E P 0 4 1996 56 River Drive Tequesta, Florida Villa e Mana er s Office 33469-1930 g g August 29, 1996 Mr. Thomas Bradford, Manager, Village of Tequesta Village of Tequesta P.O. Box 3273 Tequesta, Fl 33469 Deaz Tom: I have several comments or questions regazding the Notice of Intent for Stormwater Utility Services. I support the Village's efforts clean up Stormwater water runoff to the extent possible. As we all know, that is the principal source of water-quality degradation in the Loxahatchee River. If there is any support I can provide, please let me know. I notice in the third pazagraph of the letter the revenues derived from the non-ad valorem assessment will.be used to "fund flood control projects throughout the Village as prioritized • by Village Council". I have a number of comments: First, does this mean that Flood control projects that are not related to the EPA mandate will be funded by non-ad valorem fees? If so, shouldn't revenues for these expenditures be derived from ad valorem taxes so they can be included in our real estate taxes (and be tax deductible)? Haven't prior flood control measures by the Village been paid on an ad-valorem tax basis? Either way, we have to pay for these and other costs; why not do it on an ad valorem basis? Many of these and other costs aze mandated by government edict and I see no reason why the payers should not have the benefit of a tax deduction. Is there some way my letter can be included as part of the public record for these proceedings? I will be on Long Island when the public hearing is held. Please let me know. Thanks for the help. Sincerely yours, Vincent P Amy bradford.829 n