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HomeMy WebLinkAboutMinutes_Regular_09/07/1994VILLAGE 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 MEETING MINUTES SEPTEMBER 7, 1994 I. CALL TO ORDER AND ROLL CALL The Tequesta Village Council held a regularly scheduled meeting at the Village Hall, 357 Tequesta Drive, Tequesta, Florida, on Wednesday, September 7, 1994. The meeting was called to order at 7:00 P.M. by Mayor Ron T. Mackail. A roll call was taken by Betty Laur, Recording Secretary. Council members present were: Mayor Ron T. Mackail, Vice Mayor William E. Burckart, Elizabeth A. Schauer, and Earl L. Collings. Joseph N. Capretta was absent from the meeting. Also in attendance were: Village Manager Thomas G. Bradford, Village Clerk Joann Manganiello, Department Heads, and Village Attorney John C. Randolph. II. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Elizabeth A. Schauer gave the Invocation and led those in attendance in the Pledge of Allegiance to the American Flag. III. APPROVAL OF AGENDA Councilmember Collings moved that the Agenda be approved as submitted. Councilmember Schauer seconded the motion. The vote on the motion was: Ron T. l~iackail - for William E. Burckart - for Elizabeth A. Schauer - for Earl L. Collings - for The motion was therefore passed and adopted and the Agenda was approved as submitted. IV. PUBLIC HEARINGS rte- A) Review of Proposed Village General Fund, Special Revenue and Debt Service Fund, Capital Improvement Fund, Bond Recycled Patter Village Council °~° Meeting Minutes September 7, 1994 Page 2 Construction Fund, Water Enterprise Fund and Law Enforcement Trust Fund for Fiscal Year 1994/1995. 1) Announcement of Proposed Millage Rate (6.1280) and Percent (2.92%) by which the Proposed Millage Rate exceeds the Rolled-Back Millage Rate (5.9541) The Village Manager publicly announced the proposed millage rate (6.1280) and the percent (2.92%) by which the proposed millage rate exceeded the rolled-back millage rate (5.9541). Village Manager Bradford explained that the rolled- back rate was the rate necessary to generate the same amount of tax revenues as were generated in the prior year. The specific reasons for the proposed tax increase were listed by Village Manager Bradford as: 1) to provide revenues necessary to address the 1994 bond issue to provide improvements to Country Club '~°`" Drive, Tequesta Park and Constitution Park, 2) to provide a full-time code enforcement officer within the Police Department and 3) due to increases in personnel, operating and capital expenses of the Village's general operations. 2) General Fund Village Manager Bradford reviewed the General Fund Budget for 1994-1995 from the official budget document which is attached and made a part of these minutes. After review of the budget document, Village Manager Bradford recapped by stating that the budget provided for Total General Fund Expenditures of $3,960,900 with a fund balance on September 30, 1995 estimated to be $646,787, and stated that operating expenses had increased at a rate greater than revenues received, necessitating a 2.92% millage rate increase. There were no comments from the public regarding the General Fund. Councilmember Collings observed that considering the budget figures, the water enterprise fund was not doing as well as it should be, to which Village Manager Bradford responded .. that the excess of revenues over expenditures in that fund were transferred to retained earnings and Village Council Meeting Minutes September 7, 1994 Page 3 ------------------------ used for designated Water Department capital improvement projects. Councilmember Collings questioned on behalf of the taxpayers whether a General Fund balance of $646,000 was necessary or might be used in place of increasing taxes. Village Manager Bradford explained that when the total amount of grant funds that the Village would receive from the state and the county for emergency medical services was known, then the amount necessary from the Village for EMS startup costs could be calculated--now estimated to be approximately $57,000 in a worst-case scenario, which would leave an approximate fund balance of $589,000; and that a cash flow analysis would reveal that since the major revenue source, ad valorem taxes, would not be received until December, the fund balance was necessary for operating capital until that time. Councilmember Collings questioned what the cost of borrowing approximately $500,000 for three months would be. Finance Director Kascavalis replied the cost would be a few thousand dollars; however, he advised against doing this particularly since in the case of a disaster such as a hurricane, funds would be needed, and also stated that retained earnings were not as large as in the past and that a water rate analysis was in process. Councilmember Collings stated that a substantial amount of the budget went for employee retirement contributions and other benefits, and questioned whether there would be an equitable way to lower that amount. Village Manager Bradford stated that by law the retirement plan could not be changed; but that health insurance coverage for dependents of employees could be paid for by employees instead of the Village; however, that would need to be a long-term procedure in order for employees to deal with the financial hardships this would cause. Councilmember Collings stated Tequesta was one of the very few Florida municipalities which provides family insurance coverage, therefore this might be worth looking into. Mayor Mackail stated the General Fund balance from 10/1/93 to 10/1/94 reflected a reduction of $331,000, and that there had been a decrease in assessed property values. He commented that since this was the first year in four years that the ~" Village Council Meeting Minutes September 7, 1994 Page 4 Village had had a tax increase, and that a significant portion of that increase was for the capital improvements bond. Mayor Mackail commented that he believed the areas that the Village should concentrate on to keep tax increases at a minimum were growth through annexation and the redevelopment of the downtown area. Mayor Mackail commented that in light of current insurance reform and escalating insurance premiums, changes in that area should be approached very cautiously. Mayor Mackail also voiced concern that the Florida Retirement System unfunded balance of $18 million would someday have to come from ad valorem taxes. Village Manager Bradford commented the unfunded balance in the retirement system was nearer $20 billion. 3) Improvement Bond Revenue Fund: Village Manager Bradford stated this fund (detailed on page IBRF-1 of the Budget Document) accounted ~~ for the revenues pledged to pay for the improvements to Country Club Drive, Tequesta Park, and Constitution Park, which were franchise fees estimated at $295,085 and occupational license fees of $90,620.00, or total revenues of $385,705. The expenditures from this fund would be two non- governmental inter-fund transfers: 1) excess over the revenue needed to pay the Village's obligation to Jupiter-Tequesta National Bank which would be transferred to the General Fund as a revenue source for that fund to help meet its expenses; and 2) the remainder which would be used to pay the debt on the bonds. Finance Director Kascavalis explained that the Improvement Bond Sinking Fund should now be referred to as "Debt Service Fund". Mayor Mackail pointed out the Village had paid off outstanding bonds during the past year at a significant savings to the Village. 4) Capital Improvement Fund Village Manager Bradford reviewed the Capital Improvement Fund (page CIF-1 of the Budget Document) and stated this fund had been set up to account for major capital improvements. Village Manager Bradford explained that the Tequesta Drive improvement project had one property condemnation Village Council Meeting Minutes September 7, 1994 Page 5 ----------------- case which had not concluded. Vice Mayor Burckart questioned the amount allotted for attorney's fees which the Village Manager explained that amount included attorney's fees for both the Village's attorney and the property owners' attorney as well as funds that may be needed to pay costs which exceed the amount already deposited with the Court for the value of the property, appraised at approximately $10,000. Village Manager Bradford reported this matter was expected to be settled soon. 5) Bond Construction Fund: Village Manager Bradford reviewed the Bond Construction Fund (page BCF-1 of the Budget Document) , and this new fund had been set up to account for the expenditures that would be made based upon proceeds of the bond issue. 6) Water Department Enterprise Fund: Village Manager Bradford reviewed the Water Department Enterprise Fund (detailed on page WDR-1 of the Budget Document). Councilmember Collings questioned whether revenue projections were based on new step rates, to which Village Manager Bradford replied that the basis was only current rates; and that at the first Village Council Meeting in October it would be advisable to consider additional rates for non-Tequesta residents. .Discussion ensued concerning the recycing fee, which is now a utility tax, and the concept that it could be made an annual asessment which would appear on tax bills and allow it to be a deduction for residents' income tax. Village Manager requested that Finance Director Kascavelis schedule this item for discussion within the appropriate time frame to make the change, and commented that commercial and multi-family units would need to be handled differently than single- family since their rates change throughout the year. Village Manager Bradford responded to Councilmember €a° Collings that the centralized garage included in ~,.,,. the Water Department's retained earnings account would provide a centralized garage facility, !` Village Council Meeting Minutes September 7, 1994 Page 6 centralized storage for tools and equipment, centralized, locker rooms, showers, office facilities for Public Works Crew Leader and Water Department Distribution Supervisor. Councilmember Collings requested a breakdown of dollar amounts currently being paid for these various items in order to compare the total against the cost of the proposed centralized garage. 7) Law Enforcement Trust Fund: Village Manager Bradford explained that the Law Enforcement Trust Fund was required by the State of Florida and provided for tracking proceeds from consficated materials and expenditures associated with law enforcement drug cases. He observed that the balance in the trust fund could only be spent by special request by the Police Chief to the Village Council. There were no comments from the public regarding ~""~'" the proposed budget. Vice Mayor Burckart suggested that the centralized garage should be looked at to see whether not spending that amount of money could eliminate the tax increase. 8) Adoption of Tentative Village Budgets: Motion was made by Councilmember Collings to adopt on first hearing the Tentative Village Budget for Fiscal Year 1994/95. Motion was seconded by Vice Mayor Burckart. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - for Earl L. Collings - for The motion was therefore passed and adopted. Village Manager Bradford announced that the second hearing on the budget would be September 22, 1994 at 7 P.M. • At the conclusion of Agenda Item VIII, Village Attorney Randolph advised the Village Council that the Budget item needed to be revisited since Finance Director Kascavelis had brought to his attention that the Village Council should ~„$~., have first made a motion to adopt the proposed tentative millage rate and then should have made the motion to adopt Village Council Meeting Minutes September 7, 1994 Page 7 ----------------- the tentative budget. Upon this advice, the following occurred: Motion was made by Councilmember Schauer to adopt the proposed millage rate of 6.1280 and percent ( 2.92$ ) by which the Proposed Millage Rate exceeds the Rolled-Back Millage Rate (5.9541) for Fiscal Year 1994/95. Motion was seconded by Councilmember Collings. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - for Earl L. Collings - for The motion was therefore passed and adopted. Motion was made by Councilmember Schauer to adopt on first hearing the Tentative Village Budget for Fiscal Year 1994/95. Motion was seconded by Councilmember Collings. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - for Earl L. Collings - for The motion was therefore passed and adopted. V. 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 in its normal sequence on the Agenda. VI. APPOINTMENTS A) Community Appearance Board; June 29, 1994; *1) Consideration of Reappointment of Ruth Maitland as a Regular Member of the Community Appearance Board for a Three-Year Term Expiring on September 8. 1997. (Staff Recommends Approval) Win.., Mayor Mackail read Consent Agenda item to be approved: Item VI (A) (1). Vice Mayor Burckart moved that the Consent Village Council ~rxr Meeting Minutes September 7, 1994 Page 8 Agenda be approved as read by Mayor Mackail. Councilmember Schauer 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 The motion was therefore passed and adopted and the Consent Agenda was approved as read. VII. NEW BUSINESS A) Ordinance - First Reading - Amending the Code of Ordinances at Chapter 11.5, Article II, Relating to the Operation of Heavy Trucks, at Section 1.5-13.1(b)(3) so as to Specifically Provide that Trucks Enqaged in Delivering Goods or Services to Destination Points within the Village of Tequesta which are Accessible only by using a Street or Streets Restricted to Truck Traffic by this Ordinance may be Permitted to make Concurrent Deliveries of Goods or Services to Destination Points outside the Corporate Limits of the Village in the Event said Deliveries are part of the Same Trip; Providing for Severability; Providing for Repeal of Ordinances in Conflict; Providing for Codification; Providing an Effective Date. (Staff recommends approval). Village Attorney Randolph read the above Ordinance by title only on first reading. Village Attorney Randolph explained this Ordinance had been drafted to correct a loophole in the present ordinance which indicated by its wording that anyone engaged in any delivery in the Village of Tequesta could make concurrent deliveries by using the prohibited streets--which was not the intent of the original ordinance. Village Manager Bradford reported the Police Chief in the process of enforcing the ordinance had discovered this situation and that it had been reviewed and recommended by the Public Safety Committee. Motion was made by Councilmember Collings to approve the above referenced ordinance on first reading. Vice Mayor Burckart seconded the motion. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for '`` Village Council `"~°°~ Meeting Minutes September 7, 1994 Page 9 ------------------------ Elizabeth A. Schauer Earl L. Collings for for The motion was therefore passed and adopted. B) Resolution No. 23-93/94 - Approving a Medical Director Agreement between the Village of Tequesta and Don Tanabe, M.D., Effective October 1, 1994, for the Purpose of Providing the Required Medical Director Services for the Village of Tequesta Emergency Medical Service System Pursuant to Florida Statute 401.265 and Authorizing the Mayor to Execute the same on Behalf of the Village of Tequesta. (Staff Recommends Approval) Village Attorney Randolph read the above referenced Resolution No. 23-93/94 by title only. Fire Chief Weinand explained the Medical Director was required by State law in order for the Village to assume ALS transport on January 1, 1995, and that Dr. Tanabe, who was very qualified in emergency medicine, would begin his training in October or November. Fire Chief Weinand explained that Dr. Tanabe had worked in St. Mary's Trauma Center, Jupiter Hospital ER, and previously ran emergency medical services in North Carolina. Councilmember Collings made a motion to approve the above referenced Resolution No. 23-93/94. Councilmember Schauer 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 The motion was therefore passed and adopted. VIII. UNFINISHED BUSINESS A) Review of ENCON Septic Tank Study for the Tequesta Area and Consideration of Tequesta Participation in the Same. Village Manager Bradford reported while he was on vacation that Mayor Mackail had attended the August ENCON Board Meeting where ENCON had taken it upon themselves to authorize selection of an engineering firm to do detail work on their septic tank study on the Tequesta penninsula, and wanted to appoint Tequesta citizens to a Village Council Meeting Minutes September 7, 1994 Page 10 citizens committee to oversee the septic tank study. Mayor Mackai 1 had received a letter dated August 8 , 1994 , from Sawyer Thompson, the Chair of the District, which stated ENCON could not accept the preconditions that Tequesta's Village Council had applied to Tequesta's participation. Village Manager Bradford stated that ENCON may want Teqesta to participate in funding the study and because they have not provided an indication as to their methodology and approach to the study, Tequesta is not aware whether citizens from the neighborhoods affected would have any meaningful role within the study; also ENCON is not willing to commit to the gravity sewer system which they had previously indicated would be the first choice. Village Manager Bradford therefore recommended a letter be sent to ENCON stating that 1) Tequesta is not able to endorse or participate in their septic tank study and therefore Tequesta does not recognize the study; 2 ) because they had failed to accept the conditions put forth by the Village Council that any recommendations of their study will be of no value to the Village of Tequesta and its findings and recommendations relative to a centralized sewer system shall be ignored since nothing causes Tequesta to adhere to those findings, and 3) that in the event their study should recommend a central sewer system that is unacceptable that Tequesta will agressively fight the permitting and implementation of such a system at each step of the way, and 4) in one last effort to reverse this course, suggest that Mayor Mackail and the Board Chairman of ENCON meet one-on-one, or with staff if they so desire, to try to reverse this course of events. Also, at the August meeting, it was stated that the Board Chairman would contact either the Village or the Mayor, which has not happened. Mayor Mackail stated he had asked for a two- week postponment because the Village Manager was out of town which was not honored, and stated his willingness to meet with the Board Chairman. Vice Mayor Burckart observed the same people had been on the ENCON Board for several years and he suspected there would be a way to work out these problems. Mayor Mackail stated he felt a very key issue was that ENCON should give Tequesta the opportunity to determine the funding, to which ENCON had not responded. Al Demott, 189 Golfview, stated his disappointmnet in the lack of contact by ENCON as they had stated at the ~~~ meeting would be done. He stated that if ENCON's study were completed with the neighborhood committees which had Village Council `~:%~-- Meeting Minutes September 7, 1994 Page 11 hoped to oversee the study knew nothing about the findings, that he feared another lawsuit. He stated he hoped that the neighborhoods affected by the possible sewers could oversee the study. Mayor Mackail agreed, and stated he felt the roles of the people involved must be defined. Village Manager Bradford responded to Councilmember Collings that $63,000 had been allocated by ENCON for the study and that Harbor Oceanographics' $57,000 bid had been accepted by ENCON to do the engineering. Village Manager Bradford voiced concern that ENCON had selected a consulting engineer to do the study which will be overseen by a technical advisory committee which could possibly consist of representatives from enviromental regulatory agencies. Although ENCON had said they wanted a citizen's committee, their statement that they intended to keep an arm's length away from the technical advisory committee could mean ENCON would only go through the motions of having citizen participation while technical bureaucrats run the study so that no one can get to them to monitor their methodology. Whether this scenario is actually what ENCON plans to do is unknown since no one has offered any explanation as to how they intend to proceed. Councilmember Collings made a motion that the Village Council agree to have Village Manager Bradford write a letter to ENCON in accordance with his suggestions referenced above to be sent as quickly as possible. Councilmember Schauer 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 The motion was therefore passed and adopted. IX. ANY OTHER MATTERS Mayor Mackail requested discussion of the R-3 Zoning District. Building Official Scott D. Ladd explained that the inventory study he had been working on revealed that all of the existing condominiums on the beach, which number a total of 12, were all non-conforming according to the ,= current zoning code. As a result, in the event of a hurricane which would wipe them out, none of the buildings could be rebuilt according to their original plans, but ~' "° Village Council ''- Meeting Minutes September 7, 1994 Page 12 would have to comply with the current zoning code. In response to Mayor Mackail's question as to what position that would place the Village in, Building Official Ladd stated that FEMA nationally has been fighting development on the beachfront and were against replacing beachfront buildings since they had a very good chance of being blown away again; that both FEMA and the State of Florida were looking at strengthening their position with regard to not rebuilding on the beach--the state by determining where the Coastal Control Setback line should be. Since the Village's own building code would not allow the buildings to be rebuilt, the Village was really helping FEMA at this point. Mayor Mackail recommended buildings be allowed to equal the maximum height or stories of the existing buildings, and that consideration be given to altering the setback requirements to accommodate covered landscaping or parking structures within the front setback of the building to help the Village take care of non-conforming building for the existing residents and to help the Village in the long-term approach of attracting possible annexations into the Village. Building Official Ladd explained that Palm Beach County now has an unlimited building height which is site specific. It was the consensus of the Village Council to direct staff to consider a zoning change to bring the non- conforming properties into compliance, looking at the best scenario for the Village, and to properly notify the residents of Beach Road. Village Attorney Randolph advised that first a draft ordinance should be considered by the Village Council and if approved then a quarter-page ad would be placed in the newspaper and two public hearings advertised. Vice Mayor Burckart requested that every condominium president be sent a copy of the ordinance by registered mail. He stated the tax increase that would be needed to compensate for the loss of the buildings along the beach should also be remembered. After discussion, it was the consensus of the Village Council that staff prepare a draft ordinance for Council's review at their next meeting along with backup information to justify and explain the ordinance, and that if approved by the Village Council that copies be sent via registered mail to each of the condominium presidents. Al DeMott stated that there is a Beach Road Association which represents the other condominiums, and that they should also receive a copy, to which the Council agreed. ~= X. COMMUNICATION FROM CITIZENS Jack Downey, President of Island House Southwest, updated Village Council Meeting Minutes September 7, 1994 Page 13 ------------------------ the Village Council since he spoke to them on July 20, 1994 concerning the study he had instituted at Island House Southwest, stating he had received 20 responses in favor of restricting the townhomes at the Cliveden development and one negative response. Also he stated there has been a complete shift in position by three of the four condos that had originally banded together to oppose the development. Joan Marshall commented the State would like to move the Coastal Construction line back to where it would be 100 years in the future, which would mean nothing would be rebuilt. XI. ADJOURNMENT Councilmember Collings moved that the meeting be adjourned. Councilmember Schauer 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 the motion was therefore passed and adopted and the meeting was adjourned at 8:44 P.M. Respectfully submitted, ~~a ~~ Betty Laur Recording Secretary ATTEST: J ann Mangani llo Village Clerk DATE APPROVED: ~a`~~ oze2.. i 99 s` v