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HomeMy WebLinkAboutMinutes_Regular_09/24/1992• 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 S E P T E M B E R 2 4, 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, September 10, 1992. The meeting was called to order at 7:00 P.M. by Vice Mayor Howell. A roll call was taken by the Recording Secretary, Fran Bitters. Councilmembers present were: Vice Mayor Edward C. Howell, William E. Burckart, Ron T. Mackail and Joseph N. Capretta. Village Officials present were: Village Manager Thomas G. Bradford, and Joann Manganiello, Village Clerk. Also in attendance were Finance Director, Bill Kascavelis, Scott Ladd, Tom Hall, and Gary Preston. Village Attorney John C. Randolph was also in attendance. II. INVOCATION AND PLEDGE OF ALLEGIANCE Vice Mayor Edward C. Howell gave the Invocation and led those in attendance to the Pledge of Allegiance to the American Flag. III. APPROVAL OF AGENDA Councilmember Mackail moved to approve the Agenda as submitted. Councilmember Capretta seconded the motion. The vote on the motion was: Edward C. Howell - for Ron T. Mackail - for William E. Burckart - for Joseph N. Capretta - for the motion was therefore passed and adopted and the Agenda was approved as submitted. • Recycled Paper Village Council Meeting Minutes September 24, 1992 Page 2 ------------------------------- IV. PUBLIC HEARINGS Village Manager Bradford explained that this is the last and final Public Hearing for the FY 93 Budget. He further explained that the first order of business is to discuss the percentage increase in the millage, or tax, rate over the rolled back rate, which is necessary to fund the Budget, if any, and the specific purpose for which ad valorem tax revenues are being increased. The proposed millage rate is 5.9000 mills and the rolled back millage rate is 5.9024 mills. The proposed millage rate is a decrease of .04%, and is less than the rolled back millage rate, which means that the tax rate implemented for FY 93 is less than the rolled back rate - the amount of revenue generated by taxes will be slightly decreased. Finance Director, Bill Kascavelis explained changes which were • made, at Council's direction, to the FY 93 Budget since the previous Public Hearing. Additionally, areas of revenue services which were proposed for amendment and inclusion with the Final Budget were reviewed with the Village Council. At the First Public Hearing, Council directed Staff to reduce the proposed millage rate of 6.1032 mills, attempting to bring the proposed millage rate to less than the rolled back rate of 5.9024 mills. The reduction was made to 5.9000 mills. Revisions were made to: GENERAL FUND - FY 92 Fund Balance brought forward to FY 93 increased $47,835. FY 93 Transfers to Capital Improvement Fund were decreased from $120,000 to $100,000 (reduction of $20,000). FY 93 Ad Valorem property tax decreased from $2,038,055 to $1,970,200 (reduction of $67,855). These reductions and revisions offset the reduction in the revenues to be received from ad valorem property tax for FY 93. Amendments to the projected revenues for FY 93 were reviewed totalling $30,625. CAPITAL IMPROVEMENT FUND • Expenditures for construction on Phase I of Waterway Road and U.S. Highway 1 Project (reduction of $20,000). Village Council • Meeting Minutes September 24, 1992 Page 3 ------------------------------- The reduction in revenues received from ad valorem property tax does not necessarily mean individual property taxes will go down, however. Because there was a decrease in total taxable value, the rolled back rate is actually higher than this year's tax rate. There will be no increase in the tax rate. Mr. Bradford resumed with the review of the FY 93 Budget. A) Review of Proposed Village Special Revenue Fund, Debt Service Fund, Capital Improvement Fund, Water Enterprise Fund and General Fund for Fiscal Year 1992/93. 1) Improvement Bond Revenue Fund - (set up for accounting purposes to record revenues and expenditures which are pledged for the Village's 1979 Bond Series for drainage improvements throughout the Village). Fund Balance 10/01/92 $37,145 Total Estimated Revenues FY 93 $893,000 Total Revenues & Fund Balance $930,145 Total Expenditures for FY 93 $905,000 Estimated Fund Balance 09/30/93 $25,145 Total Expenditures & Fund Balance $930,145 2) Improvement Bond Revenue Sinking Fund - (used to account entirely for the revenue and expenditures directly associated with the 1979 Bond Series.) Fund Balance 10/01/92 $24,603 Total Revenues & Fund Balance $110,603 Total Expenditures FY 93 $87,435 Fund Balance 09/30/93 $23,168 Total Expenditures & Fund Balance $110,603 3) Capital Improvement Fund - (used to account for the major capital items throughout the Village which need to be addressed) Fund Balance 10/01/92 $90,055 Total Revenues & Fund Balance $957,855 Total Expenditures FY 93 $945,045 Fund Balance 09/30/93 $12,810 Total Expenditures & Fund Balance $957,855 • Village Council • Meeting Minutes September 24, 1992 Page 4 ------------------------------- 4) Water Department Enterprise Fund - Total Distribution of Revenues $2,424,300 Total Operating Expenses $1,796,925 Total Capital Outlay Expenditures $1,961,355 5) General Fund - (utilizes ad valorem taxes). - Proposed millage rate - 5.9000; - rolled back millage rate - 5.9024; - millage rate FY 92 - 5.7515; - proposed millage rate decrease u nder prior year rolled back rate - .04%; - proposed millage rate increase over prior year millage rate - 2.58%. Total Revenues $3,538,750 Fund Balance 10/01/92 $1,091,246 Total Expenditures & Fund Balance FY 93 $4,629,996 Total Expenditures FY 93 $3,598,410 Estimated Fund Balance 09/30/93 $1,031,586 • Upon completion of the Budget review by Village Manager Bradford, Vice Mayor Howell opened the floor to comments from the public. Don Seay commented that Council should take a harder look at the FY 93 Budget to make further reductions. His suggestions were: 1. A balance on hand of $1M is too high, since it is approximately 28% of annual expenditures. His proposal was to reduce it to 3-5% of annual expenditures, thereby reducing the millage rate. 2. The Contingency amount of $33,385 should be deferred. 3. The item of a $100,000 transfer from the General Fund to the Capital Improvement Fund should be deleted. He further urged the Council to take the actions he had proposed. Village Manager Bradford explained why the Fund Balance is approximately $1M: Approximately 1 1/2 years ago it was foreseen that the economy would take a "nose-dive". Council and Staff, at that time, took a conservative and prudent approach by reducing expenditures. At the end of that fiscal year revenues came in more than predicted. Therefore, the excess rolled over in the Fund Balance. When compared to village Council • Meeting Minutes September 24, 1992 Page 5 other municipalities, it will be discovered that the reason other municipal Fund Balances are lower than Tequesta's is that other municipalities actually fund and budget for contingencies within each department and division, so there will be something to draw back on. Tequesta only practices that with their Police Department and only for unresolved collective bargaining issues. Mr. Bradford also pointed out that, should Tequesta create its own Fire Rescue Department, the funds could come from this pool. Harold Hutchinson felt that if other municipalities could operate with a $400,000-$500,000 contingency, Tequesta could, as well. Councilmember Mackail explained that the FY 93 Budget is a "bare-bones" Budget, that it is impossible to speculate with ad valorem taxes and that the Village is trying to avoid peaks and valleys. Vice Mayor Howell explained that Tequesta needs to operate according to what is best for it, and not set its standards by other municipalities, but agreed it might be worth looking into the Fund Balance. Village Manager Bradford stated that if it is Council's desire to establish a Fund Balance Policy, it should be done at another Council meeting and not at tonight's Final Public Hearing for the FY 93 Budget. Councilmember Burckart stated that the FY 93 Undesignated Fund Balance should remain as is. After all comments were heard from the citizens in attendance at the Final Budget Hearing, Council took the following action: Attorney Randolph read Resolution 30-91/92 in its entirety, with the Title being: "A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, PROVIDING FOR LEVYING A MILEAGE RATE OF $5.9000 PER $1,000 OF TAXABLE VALUATION FOR THE FISCAL YEAR 1992/1993.~~ Councilmember Burckart moved to approve Resolution 30-91/92. Councilmember Mackail seconded the motion. The vote on the motion was: Edward C. Howell - for William E. Burckart - for Ron T. Mackail - for Joseph N. Capretta - for • the motion was therefore passed and adopted. Village Council Meeting Minutes September 24, 1992 Page 6 ------------------------------- Attorney Randolph read Resolution 31-91/92 in its entirety, with the Title being: ~~A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, PROVIDING FOR ADOPTION OF THE BUDGETS FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 1992.~~ Councilmember Mackail moved to approve Resolution 31-91/92 as amended. Councilmember Burckart seconded the motion. The vote on the motion was: Edward C. Howell - for William E. Burckart - for Ron T. Mackail - for Joseph N. Capretta - 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. VI. APPROVAL OF MINUTES AND REPORTS *A) Code Enforcement Board; August 4, 1992 *B) Special Village Council Meeting; September 3, 1992 *C) Village Council Meeting; September 10, 1992 *D) Village Managers Report; September 7-18, 1992 Councilmember Mackail moved to approve the Consent Agenda as submitted. Councilmember Capretta seconded the motion. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Edward C. Howell - for Joseph N. Capretta - for the motion was therefore passed and adopted. U Village Council Meeting Minutes September 24, 1992 Page 7 ------------------------------- VII. DEVELOPMENT MATTERS A) Consideration of Approval of Request for One (1) Year Extension of Site Plan Review approval Granted on October 17, 1991, and Expiring on October 17, 1992, for Proposed Exxon Service station at the Southwest Corner of U.S. One North and County Line Road. Peter J. Colussy, Agent, Exxon Corporation. (Staff Recommends Approval). Jim Park, Gee & Jenson, and representative of Exxon, explained that because of the destruction to Exxon stations in the Miami area done by Hurricane Andrew, Exxon is using its present resources to rebuild there before funding any new stations, and therefore requests an extension for their Site Plan Review. Councilmember Mackail moved to approve the extension of the Site Plan Review. Councilmember Capretta seconded the motion. The vote on the motion was: Ron T. Mackail - for William E. Burckart - abstained Edward C. Howell - for Joseph N. Capretta - for the motion was therefore passed and adopted. VIII. APPOINTMENTS *A) Consideration of Re-Appointing Peter Pallatto to an Additional One-Year Term as an Alternate Member of the Community Appearance Board, Expiring on October 11, 1992. (Staff Recommends Approval). This item was approved under the Consent Agenda. • Village Council . Meeting Minutes September 24, 1992 Page 8 IX. NEW BUSINESS A) Consideration of Village Council Trustee Membership to the Jupiter-Tequesta-Juno Beach Chamber of Commerce and Designation of Village Council Trustee. (Staff Recommends Approval). (Staff Recommends Approval). Village Manager Bradford explained that the Chamber of Commerce has created a Trustee category in which they are desirous of having the Village Council represented. A trustee membership would cause the Village to have a liaison with the leadership of the Chamber, functioning with the Board of Directors and having input into the policies and direction of the Chamber, and be directly tied with the Board of Development of Palm Beach County, and beneficial to the economic activity of Northern Palm Beach County. The cost is $1,000 and fund presently exist to move forward with this issue. Councilmember Mackail moved to approve the membership of the Tequesta Village Council as a trustee member to the Chamber of Commerce and with the Mayor, present and future, to serve as the Council's Trustee representative. Councilmember Burckart seconded the motion. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Edward C. Howell - for Joseph N. Capretta - for the motion was therefore passed and adopted. X. UNFINISHED BUSINESS A) Ordinance No. 445 - Second Reading - Amending Section 18- 28(c) Providing for User Charges and Fees for Residential Curbside Solid Waste and Recycling Collection Services. (Staff Recommends Approval). Attorney Randolph gave the Second Reading of Ordinance No. 445 by Title. • Village Council Meeting Minutes September 24, 1992 Page 9 ------------------------------- • Village Manager Bradford explained that Ordinance No. 445 changes the rates for curbside garbage and refuse and recycling collection for FY 93. Nichols Sanitation holds the Village franchise for collection services. This Franchise Agreement grants to Nichols Sanitation the right to increase their rates by the CPI each year. The Village has agreed to use the CPI as of May 1992 with an increase of 2.8%. In addition to that increase, there is a new single family home $1.00/monthly charge for yard waste collection. New charges will be as follows: Refuse Service Collection: Single-Family Homes Multi-Family Homes Recycling: Single-Family Homes Multi-Family Homes Yard Waste: Single-Family Homes Multi-Family Homes $9.16 per month $7.78 per unit per month $1.96 per month $1.81 per unit per month (optional) $1.00 per month Not Applicable Councilmember Mackail moved to approve the Second Reading of Ordinance No. 445. Councilmember Burckart seconded the motion. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Edward C. Howell - for Joseph N. Capretta - for the motion was therefore passed and adopted. ~J Village Council • Meeting Minutes September 24, 1992 Page 10 ------------------------------- XI. COMMUNICATIONS FROM CITIZENS Alfred Levy (Jupiter resident) brought to the attention of the Village Council, Jupiter's intent to annex Jonathan's Landing, all in the name of squaring off Jupiter boundaries. Jupiter has asked the Palm Beach County Legislative Delegation to look favorably on Jupiter's plans to change Florida State Law to include everyone in Jupiter and Jonathan's Landing to vote on this annexation. Mr. Levy urged Tequesta citizens to oppose this move, since he felt strongly it's success would encourage Jupiter to move on to infringe in other areas which could eventually adversely affect Tequesta. Bill and Marianne Quigley, 79 Holly Circle, questioned whether it was possible to change the Site Plan for the proposed Tequesta Branch Library, since the proximity of the Library parking lot to the Quigley property is within ten feet of the Quigley property line. The wall which presently separates the two properties is only approximately three fee high on the Library side, allowing for passers by to see clearly onto the Quigley property. The Library Site Plan also calls for the removal and/or disturbance of much of the natural growth presently existing, which will cause not only an environmental upset to an area which presently supports varied wildlife, but will also generate much more noise because of increased activity, night lighting will now exist, as well as exhaust gases. The Quigley's were concerned with the above problems as well as potential trespassing problems and decreased property values. They requested that the original Library site along alternate A1A be reconsidered. Councilmember Mackail gave the Quigley's a history of the Library issue and how it came to be approved at the present location, explaining that to change the site now would possibly cause Tequesta to lose its library altogether. Council agreed to look into the issue with the parking lot to determine what could be done to alleviate some of the problems. Village Manager Bradford suggested that the Village Building Official start working with Palm Beach County to determine if the County is amenable to making certain changes to the Site Plan. He further suggested that the Quigley's speak with Palm Beach County Commissioner Karen Marcus, before the October 1 Primary, seeking her help in mitigating the problems. The Village • Council requested a status report from the Building Official at their next meeting. Village Council Meeting Minutes September 24, 1992 Page 11 ------------------------------- Bill Shannon announced that on Tuesday, September 29, Commissioner Marcus, Tom Kelsey, and Steve Mickley were scheduled to be at the Tequesta Village Hall for a Tequesta Civic Association candidate forum. Red Shirar, 84 Camelia Circle, agreed with the Quigley's regarding their concerns over the Library and felt it was not too late to make changes to the Site Plan. Wade Griest, asked if it is a requirement to have architects on the membership of the Community Appearance Board, and if someone from the local government must attend the meetings. Village Manager Bradford answered that the Ordinance requires that a Clerk of the Board, be appointed to the Community Appearance Board. The Board leans heavily upon Staff for Code requirements, etc. The Recording Secretary is necessary to meet the requirements of Florida's Sunshine Law. XII. ANY OTHER MATTERS There were no other matters before the Village Council. XIII. ADJOURNMENT There being no other matters before the Village Council, the meeting was adjourned at 9:10 A.M. Respectfully submitted, ~ito.,.~ ~''~ Fran Bitters Recording Secretary ATTEST: ann Mangani o Village Clerk . DAT APPROVED: FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAM11L-FIRST NAM E-MIUULE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Burckart, William Edward Village of TeQuesta Council AILING AUURES THE BOARQ COUNCIL C OMM S , ISSION, AUTHORITY, OR COMMITTEE ON 11 Bayview Terrace wHICH 1 SERVE IS A UNIT OF: X' CITY COUNTY OTHER LOCAL AGENCY CITY COUNTY TeQuesta Palm Beach NAME OF POLITICAL SUBDIVISION: Village of Tequesta UATE ON WHICH VOTE OC'CURREU MY POSITION IS: September 24, 1992 X ELECTIVE APPOINTIVE WHO MUST FILE FORM 86 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section ! 12.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. [n either case, you should disclose the conflict: PR10R TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 13 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the pcrson responsiblc for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT VI'HICH THE VOTE WILL BE TAKEN: ~'ou should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. • A copy of the form should be provided immediately to the other members of the agency. • The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. .__. c ~ ~ t ~K~l MB 10-ftb PAGE I IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION OR VOTE AT THE MEETING: • You should dixlose orally the nature of your conflict in the measure before participating. • You should complete the form and file it within 13 days after the vote occurs with the person responsible for recording the min of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF STATE OFFICER'S INTEREST I, William E. Burckart ,hereby disclose that on September 2 4 ~ 19 ~ 2 (a) A measure came or will come before my agency which (check one) inured to my special private gain; or `L inured to the special gain of Exxon Corporation (b) The measure before my agency and the nature of my interest in the measure is as follows: by whom I am retained Consideration of approval of request for one year extension to site plan review approval granted on October 17, 1991, and expiring on October 17, 1992, for proposed Exxon Service Station at the southwest corner of U.S. One North and County Line Road. I was employed by Tequesta Bay Partnership who sold property to Exxon. I have no continued involvement with Exxon. ~ _ V `"L I ~~ ~~~^z ~~ ~~~ ~~ /~( ~'- ~~ • ski l ~ 9 ~--- Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES X112.317 (1985), A FAILURE TO MAKE ANY REQUIRE DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION tN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED 53,000. CE FORM 88 =at0-tb. PAGE 2