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HomeMy WebLinkAboutMinutes_Special Meeting_02/24/1994VILLAGE OF TEQUESTA Post Office Box 3273 357 Tequesta Drive Tequesta, Florida 33469-0273 (407) 575-6200 Fax: (407) 575-6203 V I L L A S P E C I A L M E E F E 8 R G E O F T E V I L L A G E T I N G M I N V A R Y 2 4, Q U E S T A C O U N C I L U T E S 1 9 9 4 I• The Tequesta Village Council held a special Village Council meeting at the Village Hall, 357 Tequesta Drive, Tequesta, Florida, on Thursday, February 24, 1994. The meeting was called to order at 7:00 P.M. by Mayor Ron T. Mackail. A roll call was taken by Fran Bitters, the Recording Secretary. Councilmembers present were: Mayor Ron T. Mackail, Liz Schauer, Earl L. Collings and Joseph N. Capretta. Vice Mayor William E. Burckart was not in attendance. Also. in attendance were: Village Manager Thomas G. Bradford, Village Clerk Joann Manganiello, Department Heads and Scott Hawkins, Esq. filling in for Village Attorney John C. Randolph. II. APPROVAL OF AGENDA o Councilmember Schauer asked: 1) to add comments on Jupiter High School; and 2) report regarding the North County Education Committee meeting results. Councilmember Collings moved to approve the Agenda as amended. Councilmember Capretta seconded the motion. The vote on the motion was: Ron T. Mackail - for Liz Schauer - for Earl L. Collings - for Joseph N. Capretta - for the motion was therefore passed and adopted and the Agenda was approved as amended. TJ ........t_,1 n village Council _, Meeting Minutes February 24, 1994 Page 2 ------------------------------- III. RESOLUTION NO. 12-93/94 - AUTHORIZING THE EXECUTION OF AN INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY PROVIDING FOR THE ANNEXATION OF ENCLAVES PURSUANT TO FLORIDA STATUTE 171.046 (Staff Recommends Approval). Village Manager Bradford explained that the above-referenced Resolution is brought before the Village Council as part of Village annexation efforts of areas lying within Tequesta's designated reserve annexation area. State Law now allows new provisions for annexation whereby annexation can now be done by Interlocal Agreement for certain properties meeting specific criteria. These annexations are a prelude to other annexations to be considered later. The three parcels presently being considered were displayed on an overhead for the Village Council's review and were as follows: 1. Parcel 1 - Seabrook Road, consisting of approximately .07 acre. 2. Parcel 2 - Jupiter Manors, consisting of approximately .97 acres (Lot 11). 3. Parcel 3 - Riverside on the Loxahatchee, seven lots consisting of approximately 5.78 total acres (Lots 13, 14, 15, 16, 17, 18, and 19). The Village Deputy Building Official worked in conjunction with Palm Beach County Staff, who are in general agreement with the actions proposed. Adoption of the Resolution would approve an Interlocal Agreement with Palm Beach County which actually provides for the annexation of the three above-referenced parcels. This is scheduled for consideration on an upcoming Agenda of the Palm Beach Board of County Commission. Councilmember Collings asked if any responses had been received from owners of the aforementioned properties. Mr. Bradford reported that two contacts had been received: 1) a letter of objection from one property owner, Michael Hart, who felt Tequesta had not followed proper procedure; and 2) a response from Paul Nagle who had many questions regarding tax, building permits, etc. Village Council Meeting Minutes February 24, 1994 Page 3 ------------------------------- Councilmember Collings inquired as to what benefits would be received by those being annexed into the Village. Village Manager Bradford answered that the service delivery, in general, becomes more efficient .and effective. Those newly annexed in will now have a voice in the quality of those services. The annexation would become effective April 1994, if adopted, at which time service to those areas would start immediately, but those property owners would not be taxed for those services until November 1995 (basically 17 months of free service). However, these properties would continue to be under the franchising authority which they are now under for a minimum of two years or the expiration of the franchise agreement (whichever is less), regarding refuse and recycling. Councilmember Capretta asked how service costs compare for those who are being annexed in. Mr. Bradford explained that a property owner in an unincorporated area now pays 2.6201 mills for PBC F/R. After being annexed into Tequesta, their millage rate increases by 5.9041. However, when they start to pay Tequesta taxes, they no longer pay the PBC F/R tax, therefore causing a net increase of 3.2840 mills. For a home having $100,000 of assessed value, with a $25,000 homestead exemption, would experience a $246.30 increase in taxes by joining the Village of Tequesta. Paul Nagle, Riverside Drive, asked who does the property appraisal of his property once he is annexed into the Village. Mr. Bradford answered it is still appraised by the Palm Beach County Tax Appraisers Office. There were no further comments from the public at this time. Attorney Hawkins read Resolution No.12-93/94 by Title: "A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AUTHORIZING THE ERECUTION OF AN INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY PROVIDING FOR THE ANNERATION OF ENCLAVES PURSUANT TO FLORIDA STATUTE 171.046." Councilmember Schauer moved to approve Resolution No. 12- 93/94. Councilmember Collings seconded the motion. The vote on the motion was: Ron T. Mackail - for Liz Schauer - for Earl L. Collings - for Joseph N. Capretta - for the motion was therefore passed and adopted. Village Council Meetiag Minutes February 24, 1994 Page 4 ------------------------------- IV. CONSIDERATION OF MATTERS RELATED TO COUNTRY CLUB DRIVE DRAINAGE PROJECT. A) Consideration of Bid Award for the Repair of Country Club Drive: Village Manager Bradford stated that the condition of Country Club Drive continues to deteriorate, the basic problem being the fact that the base and sub-base of the roadway are inadequate, causing a washboard effect, which may have been caused by installation of sewer laterals. One of the big problems of the road is trucks (and traffic) in general. Village Engineers feel that, in addition to this problem, some of the dips in the road are getting to the point where they pose a public safety problem and need to be addressed immediately. The cost of addressing the 16 settlement areas which need attention as proposed by Four Jays Construction of Juno Beach would be approximately $15,000. It will be necessary to close the road in order to do this work. Drainage problems in that area would be remedied at the same time. Staff recommends that the funding for this project come from the Capital Improvement Fund. Councilmember Schauer was concerned that if Country Club drive was smoothed out, it would only invite traffic to go faster, and asked if the drainage problem could be addressed at this time, but hold off on repairing the road. She also felt that spending $15,000 on road repair at this time was futile, if, in fact, in two years, a complete repaving of the road would take place. Village Manager Bradford answered that: 1. If the Village Council pursue the high cost of completely rebuilding Country Club Drive, then the $15,000 should not be spent now. 2. If an incremental approach is pursued, looking for less expensive ways to fix the road, then it would be wise tonight to approve spending the $15,000, since a real problem presently exists. 3. Once the problem areas are saw-cut and repaved, they are not typically built at the same grade as the roadway. Instead of a dip, there would then remain a little bump in the roadway. Therefore, until the actual paving takes place, there would still remain a "rocky" ride. Village Council Meeting Minutes February 24, 1994 Page 5 ------------------------------- Councilmember Schauer asked if there was a way to show residents of Country Club Drive that their landscaping would not be torn out when that roadway is landscaped. Village Manager Bradford answered that it was possible to put survey stakes in at the property line showing everyone where the property line actually is, and to show them that anything beyond that point will be removed. Councilmember Collings asked if it was possible that the dips on Country Club Drive were caused by sewer laterals when they were put in by ENCON, and if so, was there any liability involved. Mr. Bradford reported that was very possible, but there is no proof of such. However, those areas of Country Club Drive where no sewer work was done has no deterioration. Councilmember Collings asked the Village Manager to explore that. Councilmember Collings stated in regard to Councilmember Shauer's comments that the second level repair of Country Club Drive will be covered in the next meeting when it will be considered to either to do a total rework job ($1.2 million) vs. the $60,000 repaving. If repaving, it would be necessary to patch through the patching, anyway. Therefore, in that context, the $15,000 would not be a waste of money. Councilmember Capretta felt a proposal should be made with specific questions regarding step-by-step individual tasks concerning Country Club Drive to be voted on to determine the strategy that should be taken. Mayor Mackail felt the plan must be comprehensive and that a "band-aid" approach was not good. He felt it would be best to postpone work on Country Club Drive until the Village Council receives a recommendation from the Public Works Committee. Village Manager Bradford stated that the recommendations of the Public Works Committee will come before the full Council on March 10. He stated he could give the Council a `smorgasbord' of options, showing the cost of each. If the contract is awarded, the earliest shutdown date of the road would be March 14. Councilmember Collings recommended moving ahead with the patching. Village Council Meeting Minutes February 24, 1994 Page 6 ------------------------------- Village Manager Bradford stated that the Public Works Committee recommendation will be: o curb & gutter o a landscaping plan o reduction of speed limit from 30mph to 25mph o adoption of easements within 30 feet of the existing 80 ft right of way o patching of the road and overlaying with striping and ref lectors All of the above would cost half of the $1.2 million plan. Councilmember Collings moved to approve the Bid Award for the Repair of Country Club Drive to Four Jays Construction of Juno Beach, Florida. Councilmember Capretta seconded the motion. The vote on the motion was: Ron T. Mackail - for Liz Schauer - for Earl L. Collings - for Joseph N. Capretta - for the motion was therefore passed and adopted. B) Consideration of Bid Award for the Country Club Drive Drainage Project: Village Manager Bradford explained there was significant flood in and around the 216 Country Club Drive area. It is necessary to provide additional drainage inlets and piping to a new discharge area. Three bids were solicited, with low bid coming from Dawson-Williams of Jupiter in the amount of $28,500. The Capital Improvement Fund budget allocation for this project is $35,000. The project is scheduled to start on March 14, with the road being closed at that time at the Martin County line. Village Council Meeting Minutes February 24, 1994 Page 7 ------------------------------- Councilmember Collings moved to approve the Bid Award for the Country Club Drive Drainage Project to Dawson-Williams of Jupiter, Florida in the amount of $28,500. Councilmember Schauer seconded the motion. The vote on the motion was: Ron T. Mackail - for Liz Schauer - for Earl L. Collings - for Joseph N. Capretta - for the motion was therefore passed and adopted. V. ANY OTHER MATTERS o Councilmember Schauer stated a School Board Workshop held a meeting discussing Jupiter High School. There is now in writing Dr. Monica Uhlhorn's recommendation placing the Jupiter High School, Scheme # 4, (demolishing the north campus) into priority consideration for FY 95 Budgetary Process to begin on March 9. The recommendation was read into the Record. o Councilmember Schauer stated she attended a Northern Palm Beach County Education Committee Meeting, from which she gathered a copy of a Developers Agreement dealing with racial balance and advertising, and gave such to the Village Manager. She recommended that the Village Manager find out whether or not such an agreement exists with the Village of Tequesta and if not, should one exist. o Councilmember Capretta felt some plans needed to be made regarding the upgrading of the Village of Tequesta, since he has been receiving many negative comments from citizens concerned that real estate values in the Village is falling down. He suggested a comprehensive plan be put together to do something about this, and the process of going about it. Councilmember Collings recommended that a Village Council Workshop be scheduled to discuss this issue, after the Village Council submits its suggestions to the Village Manager in that regard village Council Meeting Minutes February 24, 1994 Page 8 ------------------------------- VI. CONIIKZJNICATIONS FROM CITIZENS o Wade Qriest urged the Village Council to attend Code Enforcement Board meetings, or at least review the tape of the meeting, to gain insight. Generally, the meeting involved a log covering past Code Enforcement violations. Two violators have ignored the Codes and refused direction from the Code Enforcement Officer, and not responded to fines imposed. He urged a thorough review by the Village Council. Mayor Mackail stated he had attended the above-referenced meeting and it was his position that the problem in enforcing the Codes is the process. It appeared to the Mayor that there was a lot of confusion regarding issues. o Agustus Hernandez stated he owns property which is now being annexed into Tequesta, and though he does not object to that, he would like to make sure that he would have the same development rights. Presently the property (a sub-standard size lot (25' x 117' ) and located off the west side Seabrook Road) is in Palm Beach County and zoned R-1. Mr. Hernandez is considering building a residential unit on this property. Plans have been developed using the Palm Beach County Planning Department guidelines under Section 404.3 for non-conforming lots. The lot presently meets the standard of this County Code. He asked the Village Council for assurance that this lot would remain developable after being annexed into the Village. Village Manager Bradford stated it was his understanding that the Village could not bring Mr. Hernandez's property under Village land use zoning until the Village Comprehensive Plan is amended to include such property. Until then, this property will still operate under Palm Beach County. Scott Ladd commented lot in the Village. Codes, Mr. Hernandez of Adjustment for a good ground to recei guaranteed. that this is the only sub-standard If it came under Village land use would need to come before the Board variance, and stated that he is on ve a variance, but it could not be Village Council ._. Meeting Minutes February 24, 1994 Page 9 ------------------------------- Mr. Hernandez stated that if, in fact, he cannot receive assurance from the Village Council that his lot would remain developable, then he must therefore object to the annexation of his property. VII. ADJOURNMENT Councilmember Collings moved that the meeting be adjourned. Councilmember Capretta seconded the motion. The vote on the motion was: Ron T. Mackail - for Liz Schauer - for Earl L. Collings - for Joseph N. Capretta - for the motion was therefore passed and adopted and the meeting was adjourned at 8:25 P.M. Respectfully submitted, Fran Bitters Recording Secretary ATTEST: J nn Manganie o Village Clerk DATE APPROVED: