HomeMy WebLinkAboutMinutes_Workshop_10/25/1994VILLAGE 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 25, 1994
I.
II.
CALL TO ORDER AND ROLL CALL
The Tequesta Village Council held a Workshop Meeting at the
Village Hall, 357 Tequesta Drive, Tequesta, Florida, on
Tuesday, October 25, 1994. The meeting was called to order
at 7:00 P.M. by Mayor Ron T. Mackail. A roll call was taken
by Village Clerk Joann Manganiello acting as Recording
Secretary. Councilmembers present were: Mayor Ron T.
Mackail, Vice Mayor William E. Burckart, Elizabeth A.
Schauer, Earl L. Collings and Joseph N. Capretta. Also in
attendance were: Village Manager Thomas G. Bradford,
Village Clerk Joann Manganiello, Deputy Building Official
Steve Kennedy, and Department Heads.
APPROVAL OF AGENDA
Councilmember Schauer moved to approve the Agenda as
submitted. Councilmember Capretta seconded the motion. The
vote on the motion was:
Ron T. Mackail - for
William E. Burckart - for
Elizabeth A. Schauer - for
Earl L. Collings - for
Joseph N. Capretta - for
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~...
III.
The motion was therefore passed and adopted and the Agenda
was approved as submitted.
Review of Proposed Staff Plan for Tequesta Annexation Effort
and Associated Urban Services Report.
Village Manager Bradford listed the contents of the packets
for the meeting:
1. Annexation Urban Services Report Memo drafted by Deputy
Building Official Kennedy.
Rvrvr)vd Pnnnr
Village Council
Workshop Meeting Minutes
October 25, 1994
Page 2
-------------------------------
2. Annexation Referendum Schedule
3. Urban Services Report - 1995 Proposed Annexation,
which Village Manager Bradford reported contained an
error in paragraph 3, page 1: Section 171.042 should
be changed to Section 171.043.
4. A series of maps showing proposed annexation areas A
through E -
Village Manager Bradford informed the Village Council
that if they should approve this proposed annexation
that additional maps would be provided indicating land
uses, water lines, and sewer lines within each of these
areas.
5. Cost Benefit Analysis -
Village Manager Bradford directed the Village Council's
attention to footnote 3 in which the 40,000 figure
should be changed to 47,965.
6. Copy of Tequesta's Annexation Policy -
Village Manager Bradford explained that this policy had
been adopted under Resolution 9-87/88, and that the
present proposed annexation was in accordance with this
policy.
Village Manager Bradford reported the referendum
schedule being proposed would hold a vote on March 14,
1995 within the Village of Tequesta and the areas to be
annexed in which the people would vote whether or not
they wished those areas to be annexed into the Village.
After advising the Village Council that this was
probably the biggest issue they had ever faced since it
would change Tequesta forever, Village Manager Bradford
explained that if approved, the population would change
from 4,500 to approximately 7,100; the tax rate would
be approximately 4.07 mills or a 33~ reduction for
current property owners in Tequesta; the net effect
provided to unincorporated residents would be a grand
total of $152 per $100,000 of assessed value for first
rate police and fire services which they do not receive
today. Village Manager Bradford responded to a
question by Mayor Mackail regarding when newly annexed
areas would begin paying Tequesta's tax rate by
explaining that the issue of timing would have to be
_ decided since it would impact the marketability of the
annexation--that the sooner property was brought into
Village Council
Workshop Meeting Minutes
October 25, 1994
Page 3
the Village, the longer the property would have to wait
to be taxed for Village services--and that the window
for annexation was from March 15, 1995 to October 1,
1996.
Steven A. Kennedy, Deputy Building Official, reviewed
the Urban Services Report, required under state law as
a prerequisite to annexation in order to certify that
the proposed areas meet certain criteria showing that
they are actual enclaves, to show that the Village is
in a position to provide all services to the annexed
areas at the same level or higher than they presently
enjoy, and to set forth the costs of those services and
any improvements that might be made. Deputy Building
Official Kennedy informed the Village Council that all
Department Heads had contributed to this report and
that it had been reviewed by the Village Attorney.
The Council was reminded of Village Manager Bradford's
earlier statement that the millage rate could be
~~~ lowered to 4.07 mills, which he explained included the
cost of the following additional items. Village
Manager Bradford stated that the Tequesta police
department's average response time to emergency calls
was currently 1.5 minutes, and in order to continue to
maintain that level of service Chief Roderick had
indicated he would need to create a third patrol zone,
and add as many as 5 police officers to the force along
with the associated equipment they would need. The Fire
Department would need one additional combat person and
equipment and a Class A pumper.
Other costs that had not been included were for water
mains, etc. in the Jupiter Heights area (Area A)
estimated to cost $41,500, which could be paid in one
of three ways according to the decision of the Village
Council: (1) from the Water Department Capital
Improvements Budget, (2) by newly annexed residents who
were the beneficiaries, or (3) under Palm Beach
County's Annexation Incentive Program whereby the cost
would be shared equally by the Village, Palm Beach
County, and the residents. Village Manager Bradford
explained that another water main deficient area
located on Pine Tree Drive (Area D) would require an
expenditure of approximately $19,350, but there would
be no impact from sewer costs since they are provided
by ENCON. Village Manager Bradford stated that
Village Council
Workshop Meeting Minutes
October 25, 1994
Page 4
drainage improvements in Waterway Village subdivision
(Area B) which would be repairing cracked structures,
was estimated to cost up to $10,000 and other drainage
system improvements could cost up to $175,000 over the
next five to seven years. The cost of bring Pinetree
Drive up to paving standards was estimated at $200,000.
Village Manager Bradford explained that staff needed
direction from the Village Council as to which of the
three options for payment would be used for these major
capital expenditures, totaling approximately $400,000.
Next, Village Manager Bradford reviewed the Cost
Benefit Analysis spreadsheet, and informed the Village
Council that residents of the proposed annexation areas
could determine their net tax increase by subtracting
their current Palm Beach County Fire Rescue millage
rate of 2.55 from the Village millage rate of 4.07.
The resulting 1.52 mills, or $152 per $100,000 of
value, would be the lowest millage rate anywhere in
northern Palm Beach County for a full-service city to
as far south as West Palm Beach.
Direction was requested from the Council for (1)
simultaneous annexation of all 5 areas, (2) beginning
a public information campaign regarding marketing the
annexation, and (3) how the capital deficiencies
previously discussed should be paid for, which totaled
approximately $400,000.
Councilmember Collings commented that the referendum
would be a complicated statement, to which Village
Manager Bradford responded that the residents of
Tequesta would be faced with five items to vote on;
however, the residents of each proposed annexation area
would have only one--whether or not to annex their own
area. Councilmember Collings stated he would like to
know costs for however the vote came out, whether all
five or fewer areas voted to be annexed at once.
Village Manager Bradford stated that would be done,
however, explained that one advantage of annexing all
five areas at once would be that the lowest possible
millage rate would be achieved. Councilmember Collings
requested a listing of costs for services now versus
services under annexation for the proposed areas, and
stated that the marketing approach was critical.
Village Council
Workshop Meeting Minutes
~~ October 25, 1994
Page 5
-------------------------------
Mayor Mackail commented that the residents in the
proposed annexation areas would want to know the amount
it would cost them and what benefits they would
receive, and that the increase in cost to them would be
only $12.67 per month to gain police and medical
services. Mayor Mackail requested a date where that
increase would be absorbed so that the entire Village
including the newly annexed areas would benefit.
In response to Councilman Collings, Village Manager
Bradford explained that the state law that allowed
municipalities to automatically annex small enclaves
had been challenged but still stood at the present
time.
Vice Mayor Burckart stated his position that the
Council should absolutely move forward with the
marketing package and suggested both staff and members
of the Council give presentations to every homeowners
association so that they would be informed before
hearing of any negatives, and that the Village should
shoulder the $400,000 cost to make annexation more
appealing. Vice Mayor Burckart also suggested that the
annexation become effective the day following the
election so that the newly annexed areas would get 9
months free services, which Village Manager Bradford
responded could be done, however, since the money it
would take to start services immediately would not come
in immediately, an interim source of funding would have
to be found. Another suggestion was to phase services
in so they would equal the non-ad valorem revenues
such as franchise fees and utility taxes which are now
paid to the County and under annexation would go to the
Village--typically 45% of total revenue sources.
Village Manager Bradford presented the following
scenario: All five proposed areas were annexed into
the Village on March 15, 1995. Residents of those
areas would not pay property taxes on their new
services until November of 1996.
Councilmember Schauer asked where the money would come
from to cover the period from March 15, 1995 to
November of 1996. Village Manager Bradford explained
it would have to be covered by existing revenues until
non-ad valorem revenues were received, and that if
timing were planned right no additional costs would
Village Council
Workshop Meeting 14inutes
October 25, 1994
Page 6
have to impact existing r
services to new residents.
esidents in order to provide
Councilmember Capretta sugc
not be ready by March t~
holding it in November woL
before ad valorem taxes wot
$152 per $100,000 figure c
in the marketing since it
five areas were annexed
Capretta also suggested
Village would have more
opposition. In response
question whether there was
figure could be promised
proposed areas did not ann
responded that if the ~
another method to pay the
could be promised. Ci
~ested that the Village might
~ hold the referendum, and
ld result in a smaller time
ld be received, and that the
Auld not be presented solely
could not be true unless all
at once. Councilmember
that given more time, the
opportunity to combat any
to Councilmember Capretta's
a way the $152 per $100,000
and delivered even if all
'x, Village Manager Bradford
illage Council decided on
?400,000 in capital costs it
~uncilmember Capretta then
proposed marketing as no taxes for la monzns ana znen
a guaranteed tax rate of $152 per $100,000, and
although current residents would not experience a 33~
reduction in their property taxes, they would have some
reduction. Village Manager Bradford explained that the
present unincorporated areas could not be offered the
same amount in taxes that they currently pay since when
they became a part of the Village no special favors
could be granted to one area of the Village over
another area. The Village Manager also commented that
the proposed areas were broken into 5 portions in order
to comply with State law--and that the Village would
love to only have one area and therefore one voting
area instead of 5 separate voting areas. He also
stated his feeling that all five areas would be voted
in, and explained that current land uses in the newly
annexed areas would remain the same until the Village
changed them.
Mayor Mackail summarized the discussion by stating that
the only way to deliver the marketing package was what
the councilmembers had stated: to have a marketable
plan comparing apples to apples, dollars to dollars,
and based on the five pockets being considered if four
came in what would happen, if three came in what would
happen, etc. Village Manager Bradford explained the
marketing plan must conform to a public information
plan and not a political campaign. Councilmember
Village Council
Workshop Meeting Minutes
October 25, 1994
Page 7
-------------------------------
Capretta urged the Council not to make the same timing
mistakes that had been made in the past, and to go
forward with professional packages for presentation to
homeowners' associations.
Gary Thomas, Bermuda Terrace, stated he was Chairman of
the Bermuda Terrace Homeowners Association during
1992/93, and reported that there was a rumor that the
new Chairman Dwayne McPeake had spoken to the Council,
and that Bermuda Terrace was in favor of being annexed.
The members of the Council informed Mr. Thomas that
none of them had spoken with Mr. McPeake. Mr. Thomas
questioned how realistic the $152 per $100,000 figure
was. Village Manager Bradford explained that since
annexation was last considered, Tequesta had
established the Fire Rescue service which allowed
deduction of the cost of current Palm Beach County Fire
Rescue millage rate of 2.55 from the Village millage
rate of 4.07. Mayor Mackail assured Mr. Thomas that
the 1.52 millage rate had been seriously scrutinized.
Village Manager Bradford stated this was a first draft
and if the Village Council decided to go forward,
details would be fine tuned in order to arrive at the
lowest possible price for everybody.
Mike Meder, 114 Chapel Lane, questioned if zoning were
grandfathered how the Village would prevent
construction of a 15-story building on Beach Road.
Village Manager Bradford responded he believed that
current law stated land use could not be changed for 2
years unless Tequesta had passed new zoning and land
use regulations for that property, and that would be a
marketing tool to present to Beach Road residents who
did not want taller buildings to be constructed. In
response to Mayor Mackail, Building Official Scott D.
Ladd stated it would take a minimum of 200 days for a
comprehensive plan change that would have to occur
prior to the zoning change, but the zoning change could
begin at some point within the 200 days, resulting in
200-230 days to accomplish both.
Helen Laughter, Bermuda Terrace, questioned if
annexation failed whether the Village could try again
to which Village Manager Bradford responded it could be
reconsidered after two years.
Hal Hutchinson, Camelia Circle, questioned since there
Village Council
Workshop Meeting Minutes
October 25, 1994
Page 8
-------------------------------
could be no special tax advantages how the Village
could offer 18 months free of taxes as an incentive for
annexation. Village Manager Bradford explained that
the annexed areas when brought into the Village would
fall under the same tax rate as the rest of the Village
and that by finding the money within existing revenues
to provide additional services that current residents
would not be impacted. Mayor Mackail explained that
since the Village had no other way to grow that if
annexation were not accomplished that the only way to
pay increased costs in the future would be to increase
the current residents' taxes. Mr. Hutchinson stated he
could see no benefit in annexation, and cited the Fire
Rescue program as an example of an item costing more
than projected. Village Manager Bradford responded
that the same principle was used for fire rescue--spend
now to save later--and the people had voted for it.
Louise Guadiguoli, Bermuda Terrace, asked what
percentage of votes would be needed to either defeat or
«~ bring in annexation. Mayor Mackail replied a majority
was needed.
Betty Nagy, Shay Place, asked why the referendum
couldn't be December 31 so that newly annexed areas
would be on the January 1 tax rolls and reduce the
period of free services to nine months. Village
Manager Bradford explained that holding the referendum
at the same time as a regularly scheduled election
would save money. Ms. Nagy expressed concern that the
Village had too many things to consider at this time.
John Cunningham, Shay Place, asked which areas would be
the least costly to take into the Village. Village
Manager Bradford replied that it would be least costly
to take all five areas, and that Area D would be the
most costly.
Gary Thomas questioned whether there would be service
costs for Bermuda Terrace and how Area D could be
considered the most costly. Deputy Building Official
Kennedy explained it would be most costly if it were
brought in alone.
Helen Laughter asked whether Bermuda Terrace would be
required to connect to the sewer system, and was told
no, because sewer service was provided by ENCON, and
Village Council
Workshop Meeting Minutes
October 25, 1994
Page 9
-------------------------------
Village Manager Bradford stated that in his opinion
residents within the Village would have more protection
against low pressure sewer than residents in
unincorporated areas, since the Village had won a
lawsuit against ENCON to stop low pressure in the
Village.
Village Manager Bradford reviewed the Village Council's
directives:
1. Pursue hiring a firm to help in creation of the
public information program.
2. Fine tune costs to make sure they are absolutely
correct.
3. Proceed under assumption that Village will pay 100
of the $400,000. Mayor Mackail requested not to
proceed under that assumption yet, but to show all
the numbers.
4. Look at the phasing of the 18-month window as to
what would happen in regard to dollars and
services, with services to start as soon as
possible after annexation.
Councilmember Schauer also requested a game plan to
advertise to homeowners associations. Village Manager
Bradford advised that it was probable all the
association presidents would be invited to attend a
presentation at the Village Hall. Councilmember
Capretta suggested enlisting support of other
organizations also, such as Chamber of Commerce, as
well as that of the newspapers.
VI. ADJOURNMENT
Councilmember Collings moved that the meeting be adjourned.
Vice Mayor Burckart seconded the motion. The vote on the
motion was:
Ron T. Mackail - for
William E. Burckart - for
Elizabeth A. Schauer - for
Earl L. Collings - for
Joseph N. Capretta - for
Village Council
Workshop Meeting Minutes
October 25, 1994
Page l0
The motion was therefore passed and adopted and the meeting
was adjourned at 8:20 P.M.
Respectfully submitted,
~~x_ U
Betty Laur
Recording Secretary
ATTEST:
Joann Mang iello
Village Clerk
DATE APPROVED: