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HomeMy WebLinkAboutMinutes_Regular_07/23/1992.5 • VILLAGE 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 G E O F T E Q U E S T A V I L L A G E C O U N C I L M E E T I N G M I N U T E S J U L Y 2 3, 1 9 9 2 I. The Tequesta Village Council held a regularly scheduled meeting at the Village Hall, 357 Tequesta Drive, Tequesta, Florida, on Thursday, July 23, 1992. The meeting was called to order at 7:00 P.M. by Mayor Earl L. Collings. A roll call was taken by the Recording Secretary, Fran Bitters. Councilmembers present were: Mayor Earl L. Collings, Ron T. Mackail and Joseph N. Capretta. Councilmember William E. Burckart and Vice-Mayor Edward C. Howell were not in attendance at roll call. Village Officials present were: Village Manager Thomas G. Bradford, and Joann Manganiello, Village Clerk. Department Heads and Village Attorney John C. Randolph were also in attendance. II. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Ron T. Mackail gave the Invocation and led those in attendance to the Pledge of Allegiance to the American Flag. III. APPROVAL OF AGENDA Village Manager Bradford asked that Item X (H) under the Consent Agenda be adjusted as follows: The Village Police Chief has discovered a different dealer (Duval Ford) in the Jacksonville area for police cruisers at a better price, two police package Crown Victoria's for $12,781, a savings over the State contract price of $1,392. Mr. Bradford asked that Council authorize Staff to purchase the Crown Victoria's for these prices. ~J Mayor Collings recommended the delay of adopting Council priorities as previously listed, Item X (C), since a few actions to be taken by Council on tonight's Agenda would effect those priorities. Councilmember Capretta agreed to the delay until there is a full Council. Recycled Paper • village Council Meeting Minutes July 23, 1992 Page 2 ------------------------------- Councilmember Capretta moved to approve the Agenda as amended. Councilmember Mackail seconded the motion. The vote on the motion was: Joseph N. Capretta - for Earl L. Collings - for Ron T. Mackail - for the motion was therefore passed and adopted and the Agenda was approved as amended. IV. CONSENT AGENDA All Items listed with an asterisk (*) are considered to be routine and will be enacted by one motion. • VI. APPROVAL OF MINUTES AND REPORTS *A) Board of Adjustment; April 20, 1992 *B) Code Enforcement Board; June 2, 1992 *C) Community Appearance Board; June 10, 1992 *D) Village Council Meeting; June 18, 1992 *E) Joint Workshop Meeting with the Town of Jupiter; June 23, 1992 *F) Village Managers Report; June 15-July 17, 1992 Councilmember Mackail moved to approve the Consent Agenda as amended. Councilmember Capretta seconded the motion. The vote on the motion was: Joseph N. Capretta - for Earl L. Collings - for Ron T. Mackail - for the motion was therefore passed and adopted and the Consent Agenda was approved as amended. • Village Council Meeting Minutes July 23, 1992 Page 3 ------------------------------- VI. COMMITTEE REPORTS A) Finance and Administration Committee Meeting; June 8, 1992. Village Manager Bradford reported that at the above-referenced meeting Staff made the formal review of the proposed Jupiter bulk rate increase for water, from $.85 to a projected $1.22. The recommendation of the Committee at that time was to continue negotiating with Jupiter for the $1.22/1000 gals, with an amendment to the ratcheting portion of the Agreement. Councilmember Mackail moved to approve the Finance and Administration Committee Report of June 8, 1992. Councilmember Capretta seconded the motion. The vote on the motion was: Joseph N. Capretta - for • Earl L. Collings _ for Ron T. Mackail for the motion was therefore passed and adopted. VII. COMMENTS, KUDOS AND CAUTIONS (Mayor Earl L. Collings) A) Mayor Collings reported that the final accounting for Tequesta's 35th Birthday Party proved to be "in the black" , and asked that the funds be set aside for the Village's commitment to the Tequesta Fest. B) Mayor Collings reported he had received a response to his letter to Palm Beach County School Board Superintendent Uhlhorn. The response requested an audience in September with the Superintendent and the Metamorphosis Group, and any others interested in the Jupiter High School situation. Cheryl Onorato, of the Metamorphosis Group, is meeting today with Larry Zabey, the maintenance supervisor of the system, to go over some specifics of the school. C) Mayor Collings expressed congratulations to Jeffrey • Goldsbury, who recently achieved the level of Eagle Scout for Troop 740. • village Council Meeting Minutes July 23, 1992 Page 4 VIII. DEVELOPMENT MATTERS A) Application for Site Plan Review for the Palm Beach County Library System, Tequesta Branch Library and Matters Associated Therewith. (Staff Recommends Approval). 1. Review and Acceptance of Appraisal Report Establishing the Fair Market Value of Tequesta Water Department Land Proposed for Use as the Tequesta Branch Library. Village Manager Bradford gave a brief background review of the work done to create a Branch Library in Tequesta: The land (approximately 8/10 of an acre) proposed to be used for the Library is an asset of the Tequesta Water Department. The 1985 Bonds and the Resolution with those Bonds states that the Village can only eliminate its assets of the Water Dept. at fair market value, and must obtain an opinion of the consulting engineer showing that the liquidation of those • assets would not adversely effect the System or its revenues. The Consulting Engineer's Opinion states that the land in question will not effect the Water Department. A professional July 14, 1992 appraisal report, done by Callaway and Price, states the fair market value of the said land is $150,000. Councilmember Capretta moved to approve the July 14, 1992 Appraisal Report of Callaway and Price. Councilmember Mackail seconded the motion. The vote on the motion was: Joseph N. Capretta - for Earl L. Collings - for Ron T. Mackail - for the motion was therefore passed and adopted. 2. Approval of Sale of Tequesta Water Department Land to the Village of Tequesta at Fair Market Value. Village Manager Bradford stated that Council needs to authorize the transfer of the above-referenced asset from the Water Department to the Tequesta General Operations Fund. The following Resolution accomplishes that. An amendment to the Resolution, Section 2, after "Resolution", add "from the • Tequesta Water Department to the Village of Tequesta General Operations for the use and purpose described herein." village Council • Meeting Minutes July 23, 1992 Page 5 Attorney Randolph read the Resolution by Title: ~~A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, TRANSFERRING THE OWNERSHIP OF REAL PROPERTY LISTED A8 AN ASSET OF THE TEQUEBTA WATER DEPARTMENT TO THE VILLAGE OF TEQUESTA GENERAL OPERATIONB.~~ Councilmember Mackail moved to approve the Resolution as read. Councilmember Capretta seconded the motion. The vote on the motion was: Joseph N. Capretta - for Earl L. Collings - for Ron T. Mackail - for the motion was therefore passed and adopted. 3. Resolution No. 19-91/92 - Providing for Amendments to the Village Budgets Adopted for the Fiscal Year Commencing • October 1, 1992, for the Purpose of Providing Necessary Funds to Compensate the Tequesta Water Department at Fair Market Value for Land Sold to the Village of Tequesta. Village Manager Bradford explained the above-referenced Resolution provides for a Budget amendment which will accomplish said fund transfers. The following changes were made: Page GFR-2, across "Water Enterprise Fund" enter $150,000. Page GFE-4, under Capital Outlay Land Purchase add $150,000, making the total $152,600. Page WDR-1, under Water Dept Enterprise Fund, Sale of Land, add $150,000. Page WDE-4, Non-Governmental Inter-Fund Transfers, Transfers to General Fund, add $150,000. By inserting the above-referenced numbers, the necessary financing will be accomplished to compensate the Water Department as contemplated in Resolution No. 19-91/92. Attorney Randolph read Resolution 19-91/92 by Title: ~~A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, PROVIDING AMENDMENTB TO THE VILLAGE GENERAL FUND BUDGET AND THE VILLAGE WATER ENTERPRISE • FUND BUDGET ADOPTED FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 1991." • Village Council Meeting Minutes July 23, 1992 Page 6 ------------------------------- Councilmember Capretta moved to approve Resolution 19-91/92 as read. Councilmember Mackail seconded the motion. The vote on the motion was: Joseph N. Capretta - for Earl L. Collings - for Ron T. Mackail - for the motion was therefore passed and adopted. 4. Review and Consideration of Approval of Library Site Plan. Scott Ladd explained that the Site Plan does meet all the technical requirements of the Village Zoning Code. A few issues in the review packet needed to be reviewed by Council: o There is a separate application for the Land Development Permit, regarding the removal of 76 trees. o The existing pump room will remain where it is, as opposed to the original plan of moving it. The fence on the north side of the pump room will be removed. Pumps and equipment will be moved north, leaving the building exposed on the west side. o A public safety review of the entrance way was done and it was found that there was a strong possibility of confusion under the proposed traffic plan, where Village Hall traffic, Water Dept. and Community Development traffic, Library traffic, Police Dept. traffic is all planned to co-mingle. Staff's recommendation is: keep the traffic one way, as it now stands, with all Library traffic exiting to the west side of the Village Hall. A transparency was displayed showing the suggested traffic flow. Mayor Collings stated that since this is a peripheral problem in relation to the development of the Library, it was his recommendation that further internal discussion on the parking be held with the architect and Village Staff rather than before Council. Village Manager Bradford felt it would be necessary for the Village to record an easement for the pump house, as well as an FPL easement, so that the Village might continue to have • free, clear access. The architect, Dean Ellis, explained FPL will have a right-angled easement for electric. Village Council Meeting Minutes July 23, 1992 Page 7 Councilmember Mackail moved to conditionally approve the Site Plan with plans for revisiting the ingress, egress, parking, provision of necessary utility easements and complete landscape screening of the pump house. Councilmember Capretta seconded the motion. The vote on the motion was: Joseph N. Capretta - for Earl L. Collings - for Ron T. Mackail - for the motion was therefore passed and adopted. 5. Consideration of Tequesta Library Land Lease Agreement with Palm Beach County and Authorization for May to Execute the Same on Behalf of Village. Village Manager Bradford explained that the Lease Agreement was negotiated between Village Attorney Randolph, Village Manager Bradford and Palm Beach County Staff based upon direction given by the Village Council. The amendment regarding the depreciation and purchase of the property has been made. Also resolved was the matter in Section 2.02 pertaining to assessments: the County has agreed to be responsible for the non-ad valorem assessments which might be levied against the property or facility by any governmental entity. The lease is a 50 year, $1.00/year lease. Councilmember Mackail moved to approve the Library Lease Agreement with Palm Beach County. Councilmember Capretta seconded the motion. The vote on the motion was: Joseph N. Capretta - for Earl L. Collings - for Ron T. Mackail - for the motion was therefore passed and adopted. Audrey Wolfe, Director of Facilities for Palm Beach County Library System, explained it will take three months to go through the bidding process from the first advertisement to commencement of construction. Actual construction price is estimated at $575,000. • Village Council • Meeting Minutes July 23, 1992 Page 8 IX. APPOINTMENTS *A) Consideration of Re-Appointment of Victor Strahan as a Regular Member of the Community Appearance Board to a Three-Year Term, Expiring on July 31, 1995. (Staff Recommends Approval). Approved under the Consent Agenda. B) Two (2) Village Council Appointments to the North County Education Committee Pursuant to the Interlocal Agreement Relating to Student Assignment. (Staff Recommends Approval). Village Manager Bradford explained a number of entities have made appointments to the Committee: Tequesta Village Council - 2; Town of Jupiter Council - 2; Jupiter-Tequesta-Hobe Sound Association of Realtors - l; Parent Teacher Organization - 1; . Palm Beach County and the Chamber of Commerce have not yet made their selections. It has been recommended that Mrs. Beverly Jones, or her husband, of Tequesta and Councilmember William E. Burckart be appointed as representatives for Tequesta. Councilmember Capretta moved to appoint Mrs. Beverly Jones and William E. Burckart to serve as Tequesta's representatives on the North County Education Committee. Councilmember Mackail seconded the motion. The vote on the motion was: Joseph N. Capretta - for Earl L. Collings - for Ron T. Mackail - for the motion was therefore passed and adopted. X. NEW BUSINESS A) Review of Financial Impacts and Options for the Tequesta Water Department by Virtue of the Proposed Town of Jupiter Bulk Rate Water Increase. Village Council • Meeting Minutes July 23, 1992 Page 9 ------------------------------- 1. Review of Financial Options for the Tequesta Water Department. Mike Rocca, Gee & Jenson. Mike Rocca, rate consultant, explained that a fairly comprehensive review of the water system had been conducted to determine the adequacy of the rates, rate structure and charges used by Tequesta. The review consisted of an evaluation of the connections in the water system, as well as their demand and usage patterns, while also taking into consideration the conservation rates incorporated into the rate structure and fiscal requirements. A report presenting the findings in all of the above-referenced areas was prepared and provided to the Village Council. It was the recommendations of the consultants to: o Reduce the step thresholds o Adjust gallonage charge upward to $1.48/1000 gals. for step 1. • o Adjust Fire Hydrant charge to become uniform for all users The consultants felt the above recommendations would provide uniformity of charge to all users of the system as well as providing sufficient revenues to meet operations, provide safe and good service to customers, and cover existing debt. Mayor Collings felt the top end of the lower step rate should be higher, changed from 0 through 15,000 to 0 through 20,000. Councilmembers Capretta and Mackail concurred. It was the consensus of Council that the rate should be: Step 1 0 through 20,000 $1.44/thous gals Step 2 20,001 through 40,000 $2.40/thous gals Step 3 all above 40,000 $3.30/thous gals The base rate will change from $8.30/month to $8.80/month; all meters greater than 5/8" will become a multiple of the $8.80 for non-residential customers. The gallonage allowance per quantity step rate has been amended for commercial accounts, depending on meter size. Fire Protection charge has been changed from $.50/month to $.60/month per hydrant per month for those outside the • Village. Councilmember Burckart arrived at 8:15 p.m. Village Council Meeting Minutes July 23, 1992 Page 10 2. Ordinance - First Reading - Amending Chapter 18 of the Code of Ordinances: ~~water" Article I at Section 18-3(a) so as to Amend the Minimum Monthly Service Charge; Amending Section 18-3(b), Relating to Water Rates and Charges So As To Amend Stepped Rate Thresholds and Applicable quantity Rates; Amending Section 18-3(c)(2) Relating to Fire Protection Charge. Village Manager Bradford explained it was necessary for Council to determine the effective date of implementing the above-referenced changes. Allowing for time for citizen awareness of the forthcoming rate increase, it was Mr. Bradford's suggestion that the Emergency Ordinance read, "effective August 1 for each complete billing cycle occurring thereafter". It was Mayor Collings' suggestion that a separate communication be sent to multiple dwelling units. Mr. Bradford explained further that if this was not implemented tonight, the Village would stand to lose over $16,000. If implemented this evening, the loss would be approximately $8,000. Attorney Randolph gave the First Reading of the Ordinance by Title: 'SAN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 18 OF THE CODE OF ORDINANCES: "WATER~~ ARTICLE i AT SECTION 18- 3(a) SO AS TO AMEND THE MINIMUM MONTHLY SERVICE CHARGE; AMENDING SECTION 18-3 (b) RELATING TO WATER RATES AND CHARGES, SO AS TO AMEND STEPPED RATE THRESHOLDS AND APPLICABLE QUANTITY RATES; AMENDING SECTION 18-3(C)(2) RELATING TO FIRE PROTECTION CHARGE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES AND CONFLICTS; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE.~~ Councilmember Mackail moved to pass the above-referenced Ordinance on First Reading on an emergency basis, to be effective August 1, 1992. Councilmember Capretta seconded the motion. The vote on the motion was: Joseph N. Capretta - for Earl L. Collings - for Ron T. Mackail - for William E. Burckart - for the motion was therefore passed and adopted. • Village Council . Meeting Minutes July 23, 1992 Page it ------------------------------- B) Resolution No. 20-91/92 - Creating the Tequesta Historical Committee. (Staff Recommends Approval). Mayor Collings read from a report given to him from the ad hoc committee: The name of the Committee will be called the "Historical Commission of Tequesta Village". The membership will be set at ten people, with rotating terms of two renewable years. Three of the ten would potentially change each year. Those who have agreed to serve on the Commission include: Susan Clark Ethel Gravett Bill Hart Alice Klimas Pat Kloiber Lois LaTour Dr. Alvin Nesmith Elizabeth Schauer Mary Seay James Rohr Three alternates: Ruth Butterfield; Lois Joyce; and Faye Schrecengost. • The first meeting will take place at the Village Hall on September 15, 1992 at 7:30 p.m. Mr. Bradford pointed out that the Resolution would need revision as follows: Section 1, to read: "There is hereby created within the Village of Tequesta, a Tequesta Historical Committee to consist of ten (10) persons of the Village of Tequesta appointed by the Village Council. The Tequesta Historical Committee is established for a period of one (1) year, effective September 15, 1992.~~ Attorney Randolph read Resolution No. 20-91/92 by Title: "A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, CREATING THE TEQUESTA HISTORICAL COMMITTEE . ~~ Councilmember Mackail moved to approve Resolution No. 20- 91/92 as amended. Councilmember Burckart seconded the motion. The vote on the motion was: Joseph N. Capretta - for Earl L. Collings - for Ron T. Mackail - for William E. Burckart - for the motion was therefore passed and adopted. Village Council Meeting Minutes July 23, 1992 Page 12 ------------------------------- C) Consideration of Adoption of Village Council Priorities for the Ensuing Year. (Staff Recommends Approval). Though this item is delayed for a future time, Mayor Collings offered comments: In general, the five priorities previously discussed, one of which was water, will cause the other priorities to be shaded and shaped. Number one priority will probably continue to be working on an equitable Fire Rescue program. *D) Consideration of Palm Beach County Requested Amendments to the Hold Harmless, Removal and Perpetual Maintenance Agreement as a Condition to Issuance of a Right-of-Way Permit for the Tequesta Entrance Sign Project Located at U.S. Highway One and Beach Road. (Staff Recommends Approval). Approved under the Consent Agenda. E) Resolution No. 21-91/92 - Authorizing Disposal of Surplus Village Property. (Staff Recommends Approval). Attorney Randolph read Resolution No. 21-91/92 by Title: ~~A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AUTHORIZING AND DIRECTING THE VILLAGE MANAGER TO PROVIDE FOR THE DISPOSAL OF SURPLUS PERSONAL PROPERTY OF THE VILLAGE, WHICH PROPERTY HAS BECOME UNNECESSARY OR UNFIT FOR VILLAGE USE.~~ Councilmember Burckart moved to approve Resolution No. 21- 91/92. Councilmember Mackail seconded the motion. The vote on the motion was: Joseph N. Capretta - for Earl L. Collings - for Ron T. Mackail - for William E. Burckart - for the motion was therefore passed and adopted. Village Council • Meeting Minutes July 23, 1992 Page 13 ------------------------------- F) Consideration of Specific Actions Relative to the Americans with Disabilities Act. (Staff Recommends Approval). Village Manager Bradford explained that Sub-Title A of Title II of the Americans with Disabilities Act (ADA) prohibits discrimination on the basis of disability by public entities and became effective on January 26, 1992. The Village is evaluating its current policies, services and practices to ensure compliance. Mr. Bradford explained this is a very comprehensive Act. 1) Approve, Adopt and Publish Americans with Disabilities Act Grievance Procedure. 2) Receive and Publish Memorandum to Interested Persons. 3) Receive and File Title I (Employment), Self- • Evaluation Checklist. Mr. Bradford explained that this item has not yet been completed; however, it is not due until January 26, 1993. 4) Receive and File ADA Transition Plan. Councilmember Mackail moved to approve the consideration of actions relative to the Americans With Disabilities Act. Councilmember Burckart seconded the motion. The vote on the motion was: Joseph N. Capretta - for Earl L. Collings - for Ron T. Mackail - for William E. Burckart - for the motion was therefore passed and adopted. G) Resolution No. 22-91/92 - Amending Resolution No. 16- 91/92, Declaring Acquisition of Land for Well Sites and Water Utility Lines to be a Public Necessity; Authorizing the Employment of Necessary Experts; and Authorizing the Filing of Eminent Domain Proceedings. (staff Recommends Approval). village Council • Meeting Minutes July 23, 1992 Page 14 Village Manager Bradford explained that previously a Resolution of necessity was done for the three well sites, but one of the site locations (in Martin County) has been re- designated, the new recommended location having an intended lesser impact on the property on which it is located. Attorney Randolph read Resolution 22-91/92 by Title: ~~RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA AMENDING RESOLUTION NO. 16-91/92, DECLARING ACQUISITION OF LAND FOR WELL SITES AND WATER UTILITY LINES TO BE A PUBLIC NECESSITY; AUTHORIZING THE EMPLOYMENT OF NECESSARY EXPERTS; AND AUTHORIZING THE FILING OF EMINENT DOMAIN PROCEEDINGB.~~ Councilmember Burckart moved to approve Resolution 22-91/92. Councilmember Mackail seconded the motion. The vote on the motion was: Joseph N. Capretta - for Earl L. Collings - for Ron T. Mackail _ for William E. Burckart for the motion was therefore passed and adopted. *H) Authorization to Purchase Two (2) 1992 Chevrolet Caprice Four-Door Police Package Vehicles at $13,477 Each for a Total of $26,954 Pursuant to the State of Florida Contract Price From Jerry Hamm Chevrolet of Jacksonville, Florida, Pursuant to the FY 1992 Police Department Budget Allocation Totaling $29,000. (Staff Recommends Approval). Approved under the Consent Agenda as follows: To be purchased from Duval Ford in the Jacksonville area, two police package Crown Victoria's for $12,781, a savings over the State contract price of $1,392. I) Resolution No. 23-91/92 Approving an Amendment to the Interlocal Agreement for Municipal Recycling Between the Solid Waste Authority of Palm Beach County and the Village of Tequesta. (Staff Recommends Approval). Village Manager Bradford explained the existing Interlocal • Agreement for municipal recycling was executed on August 1, 1990, to terminate on September 30, 1994. The Solid Waste Authority has requested an extension to September 30, 2000. Village Council • Meeting Minutes July 23, 1992 Page 15 This would not only provide a long-term guarantee that recyclable materials collected by municipalities are delivered to the Solid Waste Material Recovery Facility, but also guarantee the revenues needed to pay for the processing facility. Attorney Randolph read Resolution 23-91/92 by Title: ~~A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING AMENDMENT NO. 1 TO THE INTERLOCAL AGREEMENT FOR MUNICIPAL RECYCLING.~~ Councilmember Burckart moved to approve Resolution 23-91/92. Councilmember Mackail seconded the motion. The vote on the motion was: Joseph N. Capretta - for Earl L. Collings - for Ron T. Mackail - for William E. Burckart - for • the motion was therefore passed and adopted. J) Resolution No. 24-91/92 - Supporting a State Constitutional Amendment Which Provides for Voter Control of City Taxes. (Staff Recommends Approval). Village Manager Bradford explained that the Resolution has been prepared according to direction by Council. This would enable Tequesta to provide a taxing format commensurate with community needs, removing some of the taxing authority of the State and gives taxing authority to the Village. It does not mean that there will be more taxes on the citizens, but that those taxes can be more equitably collected for purposes that the municipality needs, and not State mandates. Attorney Randolph read Resolution 24-91/92 by Title: ~~A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, SUPPORTING A STATE CONSTITUTIONAL AMENDMENT WHICH PROVIDES FOR VOTER CONTROL OF CITY TAXEB.~~ • Village Council . Meeting Minutes July 23, 1992 Page 16 Councilmember Mackail moved to approve Resolution 24-91/92. Councilmember Burckart seconded the motion. The vote on the motion was: Joseph N. Capretta - for Earl L. Collings - for Ron T. Mackail - for William E. Burckart - for the motion was therefore passed and adopted. *R) Authorization to Purchase Two (2) Husky FS/2 Hand Held Computers With Necessary Software for Meter Reading in the Amount of $12,565 Pursuant to the FY 1992 Water Enterprise Fund Budget Allocation Totaling $15,000. (Staff Recommends Approval). Approved under the Consent Agenda. L) Adoption of the Proposed Millaqe Rate (6.2296) Necessary to Provide the Ad Valorem Taxes Required to Balance the Tentative Fiscal Year 1993 General Fund Budget. (Staff Recommends Approval). Village Manager Bradford explained that these items appear on the Agenda in order to meet the requirements of State Law pertaining to Budget Adoption procedures. The projected Palm Beach County Fire Rescue cost has been reduced to $800,000, (as opposed to the previous $844,000) and reduced the millage rate accordingly. According to Council instruction, the resulting millage rate has been increased by 2~ to provide a cushion for unforeseen increase in projected expenditures or decreases in projected revenues. The proposed millage rate is 6.2296. The computed rolled- back millage rate is 5.9024. The First Budget Hearing to officially adopt the millage rate and tentative budgets is September 10, 1992; the Final Budget Hearing to officially adopt the millage rate and tentative budgets is September 24, 1992. • Village Council Meeting Minutes July 23, 1992 Page 17 ------------------------------- M) Adoption of the Computed Rolled-Back Millaqe Rate (5.9024) to be Provided to the Property Appraiser in Accordance with F.B. 200.065. (Staff Recommends Approval). N) Adoption of the Date, Time and Place of the First and Final Budget Hearing to Consider the Proposed Millaqe Rate and Tentative Budgets. (Staff Recommends Approval). 1) First Public Hearing - Thursday, September 10, 1992, 7:00 P.M. at Village Hall, 357 Tequesta Drive, Tequesta, Florida. 2) Final Public Hearing - Thursday, September 24, 1992, 7:00 P.M. at Village Hall, 357 Tequesta Drive, Tequesta, Florida. Councilmember Mackail moved to adopt the proposed millage rate of 6.2296, and the computed rolled-back millage rate of 5.9024, with First Public Hearing on September 10, 1992 at 7:00 p.m. at the Village Hall, 357 Tequesta Drive, Tequesta, Florida, and the Final Public Hearing on September 24, 1992 at 7:00 p.m. at the Village Hall, 357 Tequesta Drive, Tequesta, Florida. Councilmember Burckart seconded the motion. The vote on the motion was: Joseph N. Capretta - for Earl L. Collings - for Ron T. Mackail - for William E. Burckart - for the motion was therefore passed and adopted. XI. UNFINISHED BUSINESS A) Ordinance No. 437 - Second Reading - Amending Chapter 7 of the Code of Ordinances of the Village of Tequesta Relating to the Community Appearance Board; So as to Include a New Section 7-7 Creating an Official Tree Board of the Village of Tequesta. (Staff Recommends Approval). Attorney Randolph gave the Second Reading of Ordinance No. • 437. Village Council Meeting Minutes July 23, 1992 Page 18 ------------------------------- Councilmember Mackail moved to approve Ordinance No. 437 on Second Reading. Councilmember Burckart seconded the motion. The vote on the motion was: Joseph N. Capretta - for Earl L. Collings - for Ron T. Mackail - for William E. Burckart - for the motion was therefore passed and adopted. B) Ordinance No. 438 - Second Reading - Providing for the Repeal of Section 13-13 of the Code of Ordinances, to Eliminate the Prohibition Against the Sounding of Train Horns Between the Hours of 10:00 P.M. and 6:00 A.M. (Staff Recommends Approval). Attorney Randolph gave the Second Reading of Ordinance No. 438. Councilmember Mackail moved to approve Ordinance No. 438 on Second Reading. Councilmember Burckart seconded the motion. The vote on the motion was: Joseph N. Capretta - for Earl L. Collings - for Ron T. Mackail - for William E. Burckart - for the motion was therefore passed and adopted. XI. COMMUNICATIONS FROM CITIZENS Alfred DeMott, representative of a Jupiter/Tequesta Board of Realtors Subcommittee, stated that he was aware that Dr. Uhlhorn, Superintendent of Palm Beach County School Board, responded to Mayor Collings' letter three months after she had received it. Mr. DeMott reminded Council of the election coming up on September 1, which has a number of people running who are not keen on obtaining monies for the repairs needed to North . County schools (i.e., Jupiter High School, Jupiter Middle School), and commented further that the proposed School Board • village Council Meeting Minutes July 23, 1992 Page 19 ------------------------------- Budget contains no line item for such repairs either for 1993, 1994 nor 1995. Mayor Collings answered that even though there is no specific line item, there is money somewhere for those repairs and that Dr. Uhlhorn, in her letter to Mayor Collings, stated that " 'we can't afford to buy a new school, but I fully intend to make certain the children and the staff have a safe and healthy environment' ". Mayor Collings responded to Dr. Uhlhorn stating that the Village is eager to set up a meeting with her prior to any legal action the north villages must take against the School Board. Mr. DeMott asked that the Council consider this item for the Village's Priority List Issues. It was Councilmember Burckart's feeling that the School Board has no intention of doing anything to north county schools and • stated that last year there was a $10M line item put into the School Board Budget for repair of roof structures. That money has not been spent and is being carried over and thrown into the new Budget. Councilmember Burckart stated the School Board has allowed the misappropriation of $30M+ and felt that north county citizens ought to pursue a lawsuit to force the School Board issue, and to do so quickly before the adoption of the new School Board Budget. Attorney Randolph stated that if a lawsuit is to be pursued, a cause of action needed to be crystallized and was not certain that a governmental entity ought to be the one filing an action, but those who are directly affected. Attorney Randolph agreed to Council's suggestion to explore the issue and give the Council a recommendation. Wade Griest, 494 South Dover Road, had two questions for Council: 1) Do all members of Council completely understand the case between the Village and the property owners of 498 Bouth Dover Road? All Councilmembers nodded that they did understand. 2) Will the Village decide tonight to foreclose on this • property, since the lien against it ($70,700) is probably in far excess of the value of the property? Village Council Meeting Minutes July 23, 1992 Page 20 Councilmember Mackail stated he, as a Councilmember, is tired of having to have dealt with this issue for 18 months and agreed that a motion needed to be made tonight to foreclose on the property. Attorney Randolph stated that the on the .Injunctive Relief, and response, along with a Counterclai stages) against the Village, unspecified amount. He further could be simultaneously filed; it expense. Defendants have been served have filed an Answer in m (presently in the Pleading claiming damages in an stated that a Foreclosure would just be an additional Councilmember Burckart asked about the two other properties in the Village which were similar in circumstance. Mr. Griest stated he could answer that question, and explained that one property was cleaned up by the Village and charged back to the property owner, who paid the bill; the other property was brought into compliance before the expiration deadline date given them to bring it into compliance. The 498 Dover Road property owners threatened the Village with suit if the Village was to enter their property to do any clean up. Therefore, nothing was done to this property to bring it into compliance. Councilmember Mackail moved that Council give the Village Attorney direction to file foreclosure action against the property owners of 498 South Dover Road, Tequesta, regarding outstanding fines. Councilmember Burckart seconded the motion. The vote on the motion was: Joseph N. Capretta - for Earl L. Collings - for Ron T. Mackail - for William E. Burckart - for the motion was therefore passed and adopted. XI. ANY OTHER MATTERS There were no other matters before the Council. Village Council Meeting Minutes July 23, 1992 Page 21 ------------------------------- XIV. ADJOURNMENT Councilmember Mackail moved that the meeting be adjourned. Councilmember Burckart seconded the motion. The vote on the motion was: Joseph N. Capretta - for Earl L. Collings - for Ron T. Mackail - for William E. Burckart - for the motion was therefore passed and adopte8 and the meeting was adjourned at 9:20 p.m. Respectfully submitted, • ATTEST: J nn Manganie o Village Clerk DATE APPROVED: ~,~, Fran Bitters Recording Secretary