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HomeMy WebLinkAboutMinutes_Regular_09/13/1990• 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 V I L L A G E M E E T I N G S E P T E M B E R T E Q U E S T A C O U N C I L M I N U T E S 1 3, 1 9 9 0 I. The Tequesta Village Council held a regularly scheduled meeting at the Village Hall, 357 Tequesta Drive, Tequesta, Florida, on Thursday, September 13, 1990. The meeting was called to order at 7:00 P.M. by Mayor Joseph N. Capretta. A roll call was taken by the Recording Secretary, Fran Bitters. Councilmembers present were: Earl L. Collings, Edward C. Howell, William Burckart and Vice-Mayor Mackail. Village Officials present were: Thomas G. Bradford, Village Manager; Bill C. Kascavelis, Finance Director; and Department Heads. Village Attorney, John C. Randolph was also in attendance. II. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Edward C. Howell gave the Invocation and led those in attendance to the Pledge of Allegiance to the American Flag. III. APPROVAL OF AGENDA A. Councilmember Burckart stated he would like to bring a few matters up under Item XI. ANY OTHER MATTERS regarding Village representation. B. Councilmember Howell also had one matter to bring up under ANY OTHER MATTERS. C. Village Manager Bradford asked to add under ANY OTHER MATTERS for Council's consideration a Resolution No. 15- 89/90 by the Council approving an EMS grant application with Palm Beach County. r~ ~. D. Mayor Capretta, under ANY OTHER MATTERS, asked to brief the Council on a phone call he received and a report he had recently regarding the proposed County Library in Tequesta. Reeyrled Paper • Village Council Meeting Minutes September 13, 1990 Page 2 ------------------------------- Councilmember Collings moved to approve the Agenda as amended. Councilmember Howell seconded the motion. The vote was: Mayor Capretta - for Vice Mayor Mackail - for Earl L. Collings - for Edward C. Howell - for William E. Burckart - for the motion was therefore passed and adopted and the Agenda was approved as amended. IV. PUBLIC HEARING A) Review of Proposed Village Special Revenue Fund, Debt Service Fund, Capital Improvement Fund, Water Enterprise Fund and General Fund for Fiscal Year 1990/1991. Village Manager Bradford gave a brief overview of the funds contained within the Budget document of the Village. Expenditures contained in the FY 1990/1991 Budget for all Village Operating Funds, excluding interfund transfers, totals $8,208,655, compared to the previous fiscal year Budget of $8,096,104. 1. Improvement Bond Revenue Fund. This fund accounts for revenue pledged to payment of the 1979 Revenue Bonds issued for Village storm sewer systems improvements. Revenues accruing to this fund are transferred to the Improvement Bond Revenue Sinking Fund to pay the required annual Debt Service costs of the 1979 Series Bonds. Any surplus funds that remain are transferred to the Village General Fund. The estimated Fund balance on October 1, 1990, is $25,705. The estimated Revenues for FY 91 are $863,945. Estimated expenditures for FY 91 - $880,000. Village Council Meeting Minutes September 13, 1990 Page 3 2. Improvement Bond Revenue Sinking Fund This Sinking Fund was established to account for the annual Debt Service for 1979 Series Revenue Bond Issue, consisting of a Debt Service Account, funded with a cash reserve adequate for one year Debt Service payment as required by the Bond Indenture of Mortgage. The estimated Fund balance on October 1, 1990 is $31,903. Estimated Revenues for FY 91, $87,500. Estimated expenditures for FY 91, $87,865. 3. Capital Improvement Fund. This Fund was established to account for general government capital expenditures for buildings and infrastructure improvements within the Village. Revenues accruing to this Fund consist primarily of transfers from the General Fund and an annual contribution from the Water Enterprise Fund, comparable to a payment in lieu of taxes for the value of the Water System. The estimated Fund balance on October 1, 1990 is $36,148. Estimated Revenues for FY 91, $235,000. Estimated expenditures for FY 91, $257,000. 4. Water Department Enterprise Fund. This Fund was established to account for the assets and liabilities of the Village Potable Water Supply System. Revenues accruing to this Fund for water sales, connection charges, and other miscellaneous operating charges are deposited to an account entitled Revenue Fund. Such Revenues are then transferred on a priority basis to fund annual Debt Service payment, operating expenses, renewal and replacement of fixed assets of the water system. Any surpluses that remain are then credited to the Retained Earnings Account. The capital connection charges are credited to the Capital Improvement Fund. The estimated Fund operating Revenues for FY 91 are $2,006,800. Water sales revenue is estimated to be $1,880,400. Estimated Operating Expenditures for FY 91, $1,442,795, which consists of the following: 1 Village Council Meeting Minutes September 13, 1990 Page 4 ------------------------------- o Pumping and Storage Division $863,120 o Distribution Division $218,175 o Administration $361,500 The Water Department Capital Outlay Budget proposes estimated expenditures of $2,489,800. 5. General Fund. The Fund was established to account for taxes and revenues accruing to the General Fund and expenditures disbursed for governmental services provided to citizens of the community. The estimated Fund Balance on October 1, 1990 is $598,440; estimated revenue is $3,666,087; estimated expenditures, $3,792,205. 6. Adoption of Tentative Village Budgets. • Vice Mayor Mackail stated he, together with the Village Manager and Finance Director, had closely scrutinized the proposed Budget in order to reduce the same to a more acceptable level, and would suggest the following: He suggested that the Village Council consider instructing the Village Manager and Finance Director to implement a .reserve for encumbrance from the Undesignated Fund balance currently on hand within this year's operational .funds in the amount of $137,620, the exact amount of the •funds necessary for Phase I of Pubic Safety implementation. Vice Mayor Mackail moved that the Village Council delete the Public Safety Line Item from the Budget document and provide for a reserve for encumbrance to the Village General Fund undesignated fund balance for FY 90 in the amount of $137,620. Councilmember Collings seconded the motion. The vote on the motion was: Mayor Capretta - for Vice Mayor Mackail - for Earl L. Collings - for Edward C. Howell - for William E. Burckart - for the motion was therefore passed and adopted. Village Council Meeting Minutes • September 13, 1990 Page 5 ------------------------------- Councilmember Collings commented that the overall Water Department Budget expense went up almost 15% in 1989- 91, and personnel services in distribution, 53~, and asked why they had gone up so much. Village Manager Bradford explained that the new Water Treatment Plant was brought on line approximately the latter part of 1989. That Plant previously was a 1.8mgd Plant; today it's a 2.7mgd capacity. The capacity of the Plant is how it is rated, regardless of how much it pumps. There are requirements regarding staffing based upon that capacity. Therefore, headcount went up by virtue of the Plant. Mayor Capretta asked the Village Manager to explain the difference between the millage rate and the rolled back rate. Mr. Bradford explained that 'rolled back rate' is the tax rate that is needed to generate the exact amount of tax revenue as generated in the prior year. Vice Mayor Mackail moved to adopt the tentative Village Budget as stated. Councilmember Collings seconded the • motion. The vote was: Mayor Capretta - for Vice Mayor Mackail - for Earl L. Collings - for Edward C. Howell - for William E. Burckart - for the motion was therefore passed and adopted. 7. Announcement of Proposed Millage Rate (5.4085) which is less than the Rolled-Back Millage Rate (5.4086). The Village Manager publicly announced that the proposed millage rate of 5.4085 is less than the rolled back millage rate of 5.4086. V. CONSENT AGENDA All items listed with an asterisk (*) are considered routine and will be enacted by one motion. t village Council Meeting Minutes September 13, 1990 Page 6 ------------------------------- VI. APPROVAL OF MINUTES AND REPORTS *A) Board of Adjustment Meeting; July 16, 1990. *B) Community Appearance Board Meeting, August 1, 1990. *C) Code Enforcement Board Meeting; August 7, 1990. *D) Village Council Meeting; August 23, 1990. *E) Village Managers Report; August 20-September 7, 1990. Councilmember Collings moved that the Consent Agenda be approved as submitted. Councilmember Burckart seconded the motion. The vote was: Mayor Capretta - for Vice Mayor Mackail - for Earl L. Collings - for Edward C. Howell - for William E. Burckart - for the motion was therefore passed and adopted and the Consent S Agenda was approved as submitted. VII. COMMUNICATIONS FROM CITIZENS Mary Seay had some questions regarding the Public Safety Director's Report as to references of other cities with Public Safety Departments. Ms. Seay stated she felt more attention needed to be paid to the negative sides of Public Safety. Kevin Larkin again stated that he felt Mr. Bradford's serving on the North County Ambulance Board of Directors was a conflict of interest and that he was informed by Mr. Prout of North County Ambulance that Mr. Bradford was in charge of Office Staff and Budget. Councilmember Collings stated that Council suggested Mr. Bradford sit on that Board. Mr. Bradford informed Mr. Larkin that his information was wrong. There are sub-committees of the Board, one of which is Administrative Management, to which he was assigned. However, that sub-committee has never met. Village Council Meeting Minutes • September 13, 1990 Page 7 ------------------------------- VIII. DEVELOPMENT MATTERS A) Consideration of Request to Release Lands Dedicated to the Village by Warranty Deed. Mark Pantlin, PLM Management, Inc. Village Manager Bradford informed Council that Mr. Pantlin's attorney contacted the Village Administrative Office this week stating that Mr. Pantlin nor his attorney would be present at this meeting and that they had contacted the Village Attorney's office to verify whether or not this met with approval. Village Attorney Randolph stated that neither of those individuals contacted him. Councilmember Mackail moved that this item beytabled until Mr. Pantlin or his representative are present. Councilmember Collings seconded the motion. The vote was: Mayor Capretta - for Vice Mayor Mackail _ for Earl L. Collings for Edward C. Howell - for William E. Burckart - for the motion was therefore passed and adopted. B) Village of Tequesta Town Center Master Plan Update Relative to Right-of-Way Protection Ordinance and Zoning Ordinance. Village Manager Bradford stated a Right-of-Way Ordinance had to be done to protect the areas in which roadways would be built upon for the Master Plan area. A Zoning Ordinance is still needed for the development regulations for the Master Plan area. The problem that has caused the Village not to have the Right-of-Way Protection Ordinance is The Joint Ventures, Inc. vs. The Department of Transportation, a lawsuit that is very important relative to governments within the State of Florida. Village Council Meeting Minutes • September 13, 1990 Page 8 ------------------------------- Attorney Randolph explains this suit, relative to Right-of- Way Protection Ordinances: "This has basically stopped the Village from going ahead. An ordinance was drafted when this case came out of the Florida Supreme Court. The decision of the Court was that a Right-of-Way Protection Ordinance is, in essence, a taking, allowing the government to create a bank of land and informing property owners that the land will be taken in the future. The Court says that can't be done. If a government is ready to take the land, then take it and pay for it, but it can't be set aside in a bank without paying the property owner." Mr. Bradford explained there is a way for the Village to accomplish what is needed to be done and will be getting back to Council at a later date with some suggestions. Another option would be to continue to work with Northern Palm Beach Water Control District (NPBWCD) until such time as the position is reached to condemn the road. If that action takes place, there is no concern relative to Right-of-Way • Protection. IX. NEW BUSINESS A) Consideration of Approval of Tequesta Drive Pathways Projects. Village Manager Bradford explained to Council that the Tequesta Drive Pathways Project has been in the Capital Improvement Program for approximately three years. Each year the actual beginning of construction has come closer and closer. This year the Village is ready to begin construction. Gary Preston, Manager, Parks Department, explained in detail, the expected cost and scenario for each section of the Project, totaling $130,000. Councilmember Burckart felt this project entailed a lot of money for what is being done, and would rather see the funds spent to improve Constitution Park. Village Council Meeting Minutes • September 13, 1990 Page 9 ------------------------------- Muriel Manning, 410 Tequesta Drive, requested that Council halt spending on this project, and cancel the project since it was a needless, costly project, and crowding private residences who have spent thousands of dollars over the years maintaining their properties. Morgan Gibson presented a petition of resident signatures was to Council reflecting a strong objection to the project. Mr. Gibson and those citizens he had contacted were under the belief that Tequesta Drive was to be changed to a four-lane roadway. Those citizens also felt Council was being devious by not informing the public that this project was going to be underway. Mr. Firth, a new resident of Tequesta, stated he was not opposed to the Tequesta Drive Pathway Project but did have an objection to moving the pathway closer to the property line. He asked what the timeframe was for this project. Mr. Preston responded that an eight week completion timeframe was . expected. Mayor Capretta felt a public hearing should be held on this project before it is begun and should have taken place long before any stakes were put in the ground. He also felt more 'homework' needed to be done, and less expensive alternatives considered. Councilmember Collings assured the residents in attendance that no plans to four-lane Tequesta Drive have even been talked about. Village Manager Bradford asked the residents if it would be fair for Council to assume that most of the people along Tequesta Drive would compromise and accept the re-construction of the existing asphalt bike path into a concrete one in its present exact location? The answer was an emphatic "yes", as long as a period of adjustment was allowed for the citizens to discuss the issue first. Village Council Meeting Minutes • September 13, 1990 Page 10 ------------------------------- Vice Mayor Mackail moved to~table the Tequesta Drive Pathways Project allowing staff, under direction of Mr. Bradford, to come up with alternatives, and to hold a public hearing if needed. Councilmember Collings seconded the motion. The vote was: Mayor Capretta - for Vice Mayor Mackail - for Earl L. Collings - for Edward C. Howell - for William E. Burckart - for the motion was therefore passed and adopted. B) Consideration of Approval of Engineering services Contract with Reese, Macon & Associates for Design and Construction Phase Services Relative to the Village Storage Tank and Wells Project. Mr. Reese stated this Project would be broken down into four smaller projects: 1) Drill and equip a well on the eastern peninsula by the hospital; 2) A 3mg storage tank at the Water Plant with interconnected piping; 3) Drill three wells on the western peninsula; and 4) To equip these wells with electrical, piping, etc. Vice Mayor Mackail moved to approve the Engineering Services contract with Reese, Macon & Associates for $220,000. Councilmember Burckart seconded the motion. The vote was: Mayor Capretta - for Vice Mayor Mackail - for Earl L. Collings - for Edward C. Howell - for William E. Burckart - for the motion was therefore passed and adopted. • Village Council Meeting Minutes September 13, 1990 Page 11 C) Resolution No. 13-89/90 - Providing for Billing and Collection Procedures Relative to Residential Curbside Solid Waste and Recycling Collection Services. Mr. Bradford explained this Resolution will set up procedures relative to the collection of funds received from water bills so there will be a three-tiered process. Mayor Capretta stated he wanted to be certain that the citizens understand clearly the billing system and suggested that a special letter be sent out explaining it so there would not be any confusion. The Finance Director explained the first of the new billing will be sent out the last day of September, 1990. Mayor Capretta suggested a letter explaining the system be sent to the citizens before they receive their first billing, with a day or two allowed for citizens to come in to the Administrative Offices to ask any questions they may have about the billing, and an explanation included in the first billing. Attorney Randolph read Resolution No. 13-89/90 by Title. Vice Mayor Mackail moved to approve Resolution 13-89/90 with the deletion of Section 3. Councilmember Burckart seconded the motion. The vote was: Mayor Capretta - for Vice Mayor Mackail - for Earl L. Collings - for Edward C. Howell - for William E. Burckart - for the motion was therefore passed and adopted. Village Council Meeting Minutes • September 13, 1990 Page 12 ------------------------------- D) Formal Responses to the Palm Beach County-wide Planning Council Stated Inter-jurisdictional Incompatibilities Relative to the Village of Tequesta. 1. Resolution No. 14-89/90 - Transmitting Inter- jurisdictional Incompatibilities Mapping to the Palm Beach County-wide Planning Council. 2. Authorization of Issuance of Formal Letter of Objection to Alleged Policy Incompatibilities Designated by the Palm Beach County-wide Planning Council. • Attorney Randolph read by Title Resolution No. 14-89/90. Mr. Randolph reminded Council of the letter the Village received from the Countywide Planning Council advising of what they determined to be mapping inconsistencies between Tequesta's plan and adjacent jurisdictions, and policy inconsistencies. The Village has taken the position that the Planning Council may have within its jurisdiction the ability to attempt to resolve inter-jurisdictional incompatibility as it relates to mapping inconsistencies, but the Village does not feel that the Planning Council has the jurisdiction to deal with the policy inconsistencies. Therefore, the Resolution they requested as to mapping inconsistencies is being sent back to them, along with a letter to be signed by the Mayor stating it is not felt they have the jurisdiction in regard to the policy inconsistencies. Councilmember Collings moved to approve Resolution No. 14- 89/90. Vice-Mayor Mackail seconded the motion. The vote was: Mayor Capretta - for Vice Mayor Mackail - for Earl L. Collings - for Edward C. Howell - for William E. Burckart - for the motion was therefore passed and adopted. Village Council Meeting Minutes September 13, 1990 Page 13 ------------------------------- Councilmember Collings moved to approve authorization of issuance of a formal letter of objection regarding policy inconsistencies. Vice-Mayor Mackail seconded the motion. The vote was: Mayor Capretta - for Vice Mayor Mackail - for Earl L. Collings - for Edward C. Howell - for William E. Burckart - for the motion was therefore passed and adopted. E) Ordinance - First Reading - Amending Ordinance No. 398 Relating to Subdivisions of Land Within the Village. Attorney Randolph gave the First Reading of an Ordinance amending Ordinance No. 398: ~~AN ORDINANCE OF THE VILLAGE OF . COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING ORDINANCE NO. 398, WHICH I3 AN ORDINANCE WHICH AMENDED ORDINANCE NO. 56 RELATING TO SUBDIVISIONS OF LAND WITHIN THE VILLAGE; PROVIDING A DEFINITION FOR ~~BUILDING LINE~~ AND ~~LOT SPLIT~~; PROVIDING FOR AN AMENDMENT TO THE DEFINITION OF SUBDIVISIONS; PROVIDING THAT SUBDIVISION OF LANDS BE CONSISTENT WITH THE VILLAGES COMPREHENSIVE PLAN AND THAT SUBDIVISION OF LANDS MAY NOT BE ASSURED TO THE MAXIMUM EXTENT THAT MAY BE ALLOWABLE UNDER THE PROVISIONS OF THE VILLAGES ZONING ORDINANCE; PROVIDING FOR AN AMENDMENT TO THE MANNER IN WHICH THE WIDTH OF CUL-DE-SAC LOTS ARE DETERMINED; PROVIDING FOR A DEFINITION OF BUILDING LINE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE.~~ Councilmember Burckart felt this Ordinance only creates more problems. Mr. Bradford explained that the concern in the past that a subdivision within a subdivision was being created. This Ordinance states the property can be divided if it meets the requirements and is less than three lots, therefore not being construed as a subdivision at all. Village Council Meeting Minutes • September 13, 1990 Page 14 ------------------------------- Councilmember Collings moved to pass the Ordinance on First Reading. Vice-Mayor Mackail seconded the motion. The vote was: Mayor Capretta - for Vice Mayor Mackail - for Earl L. Collings - for Edward C. Howell - for William E. Burckart - against • the motion was therefore passed and adopted. F) Consideration of Enactment of Zoning in Progress Relative to Requirements Pertaining to Swimming Pool Enclosures. Mr. Bradford stated this would allow, without a variance, someone to replace their swimming pool screened enclosure with the exact same footprint as the previous one. This amendment would allow that to be done without a variance with the same enclosure follows the same footprint as the existing screened enclosure. Councilmember Collings moved to approve the proposed Zoning Ordinance amendment as submitted. Councilmember Burckart seconded the motion. The vote was: Mayor Capretta - for Vice Mayor Mackail - for Earl L. Collings - for Edward C. Howell - for William E. Burckart - for the motion was therefore passe8 and adopted. Mr. Bradford informed Council it was his desire for Council to only implement Zoning in Progress until the amendment could be properly made. The Ordinance as reviewed tonight has not been advertised. Mr. Randolph advised that Zoning in Progress could not be accomplished in this manner. It was the consensus of Council to have staff review other Zoning Code amendments needed with this Swimming Pool Enclosure amendment and bring forward the same for First Reading as soon as feasibly possible. Village Council Meeting Minutes • September 13, 1990 Page 15 ------------------------------- X. UNFINISHED BUSINESS A) Ordinance No. 412 - Second Reading - Creating Regulations Governing the Handling and Disposal of Land Clearing and Construction Debris. Attorney Randolph gave the Second Reading of Ordinance No. 412 by Title. Councilmember Burckart moved to approve the Second Reading of Ordinance No. 412. Councilmember Howell seconded the motion. The vote was: Mayor Capretta - for Vice Mayor Mackail - for Earl L. Collings - for Edward C. Howell - for William E. Burckart - for • the motion was therefore passed and adopted. XI. ANY OTHER MATTERS A. Stuart Sandow, Jupiter Dodge, requested Council to approve 2-3 day sales event some time during September or October to be held in the parking lot at Tequesta Plaza. The sales event, used as a traffic builder for merchants of Tequesta Plaza, would consist of exhibitions of cars, covered by a tent, but conclusions of sales transactions would not take place on the premises. Councilmember Howell felt it was a good idea since it might generate business for the merchants of Tequesta Plaza. Attorney Randolph informed Mr. Sandow that the use of the land is governed by Ordinance No. 355. Within this same zoning category is a provision for Council to listen to special exception applications for car dealerships. He advised Mr. Sandow he did not think this was an appropriate use of that particular property. It might create a precedent to allow a usage of the property on a temporary purpose for something that is not allowed on a permanent basis. • Village Council Meeting Minutes September 13, 1990 Page 16 ------------------------------- Councilmember Howell moved to approve Mr. Sandow's application for a 2-3 day car event display at the Tequesta Plaza. Councilmember Burckart seconded the motion. The vote was: Mayor Capretta - against Vice Mayor Mackail - against Earl L. Collings - against Edward C. Howell - for William E. Burckart - for the motion therefore did not pass. B. Councilmember Burckart wanted to point out that Tequesta was represented at the annual meeting of the Palm Beach County Development Board; in Governor Martinez' canoe trip down the Loxahatchee; and at the groundbreaking of the Palm Beach County Courthouse Complex. • C. Councilmember Howell requested that the Village participate in the Constitution Day Picnic at Constitution Park on September 16 by providing $350.00 in support of this function for food and soft drinks. Councilmember Collings seconded the motion. The vote was: Mayor Capretta - for Vice Mayor Mackail - for Earl L. Collings - for Edward C. Howell - for William E. Burckart - for the motion was therefore passed and adopted. D. Public Safety Director, Greg Spencer. sought from Council approval of Resolution No. 15-89/90 to receive County grant money for EMS improvements within the Village of Tequesta. Village Manager Bradford read Resolution No. 15-89/90. Fj Village Council Meeting Minutes September 13, 1990 Page 17 ------------------------------- Councilmember Burckart moved to approve Resolution No. 15-89/90. Vice-Mayor Mackail seconded the motion. The vote was: Mayor Capretta - for Vice Mayor Mackail - for Earl L. Collings - for Edward C. Howell - for William E. Burckart - for the motion was therefore passed and adopted. XII. ADJOURNMENT Councilmember Collings moved to adjourn the meeting. Councilmember Burckart seconded the motion. The vote was: Mayor Capretta - for Vice-Mayor Mackail - for Edward Howell _ for Earl Collings for William Burckart - for the motion was therefore passed and adopted and the meeting was adjourned at 11:40 P.M. Respectfully submitted, Fran Bitters Recording Secretary A~I'TE~~ ~ Bill C. K cavelis ~inance Direct r/Village Clerk DATE APPROVED: