HomeMy WebLinkAboutMinutes_Regular_07/26/1990 VILLAGE OF TEQUESTA Post Office Box 3273 • 357 Tequesta Drive Tequesta, Florida 33469-0273 • (407) 575-6200 FAX: (407) 575-6203 V I L LAG E O F T E Q U E S T A V I L LAG 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 6, 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, July 26, 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: Mayor Joseph N. Capretta, Vice- Mayor Ron T. Mackail, Earl L. Collings, and Edward C. Howell. William E. Burckart was on vacation. Village Officials present were: Bill C. Kascavelis, Finance Director; Thomas G. Bradford, Village Manager, Wendy Harrison, Assistant to the Village Manager, and Department Heads. Also in attendance was Attorney Pam McNierney sitting in for Village Attorney, John C. Randolph. II. INVOCATION AND PLEDGE OF ALLEGIANCE Vice Mayor, Ron T. Mackail, gave the Invocation and led those in attendance to the Pledge of Allegiance to the American Flag. III. APPROVAL OF AGENDA A. Vice Mayor Mackail stated he would like to address Public Safety under item IX. ANY OTHER MATTERS. B. Village Manager Bradford stated he would like to address under Item IX. ANY OTHER MATTERS, the Co-Tran meeting and the letter to Co-Tran. Mr. Bradford also asked that Item VIII C) be removed from the Consent Agenda, since the Police Department desired to bring a few minor items to Council's attention; delete Item VII. A) since Mark Pantlin cannot attend due to a death in the family in New York; and to delete Item VIII. B) in order to work further with Palm Beach County relative to some language in the Agreement. L~ Village Council Meeting Minutes . July 26, 1990 Page 2 ------------------------------- C. Mayor Capretta stated he would like to report under ANY OTHER MATTERS on the meeting he attended with other North County Mayors regarding public transportation. Councilmember Collings moved to approve the Agenda as amended. Vice Mayor Mackail seconded the motion. The vote was: Mayor Capretta - for Edward Howell - for Earl Collings - for Ron T. Mackail - for the motion was therefore passed and the Agenda was approved as amended. IV. CONSENT AGENDA All items listed with an asterisk (*) are considered routine and will be enacted by one motion. V. APPROVAL OF MINUTES AND REPORTS *A) Board of Adjustment Meeting; May 21, 1990. *B) Community Appearance Board Meeting; June 27, 1990. *C) Village Council Meeting; July 12, 1990. *D) Finance and Administration Committee Meeting; July 16, 1990. *E) Village Manager's Report; July 9 - July 20, 1990. Councilmember Collings moved to approve the Consent Agenda, except for Item VIII C). Councilmember Howell seconded the motion. The vote was: Mayor Capretta - for Edward Howell - for Earl Collings - for Ron T. Mackail - for the motion was therefore passed and the Consent Agenda was approved as amended. Village Council Meeting Minutes • July 26, 1990 Page 3 ------------------------------- VI. COMMUNICATIONS FROM CITIZENS Those citizens who signed in wanted to address Item VIII. A). Therefore, their comments appear in that section. VII. DEVELOPMENT MATTERS A) Consideration of Request to Release Lands Dedicated to the Village by Warranty Deed. Mark Pantlin, PLM Management, Inc. This item was deleted since Mark Pantlin cannot attend due to a death in the family in New York. VIII. NEW BUSINESS A) Presentation and Consideration of the Findings of the • Water System Rate Study for Rate Adequacy; Step Gallonage Rates and Capital Improvement Charges. Mike Rocca, Gee & Jenson. 1) Ordinance - First Reading - Providing for a Twenty- Five Percent (25~k) Surcharge on Water Services to Residents of Unincorporated Palm Beach County and All Residents of Martin County. Walt Thom, Commissioner for Southern Martin County: He stated this issue was heard before in 1976. The opinion of the Martin County Legal Department holds the same opinion now as they did in '76, which is: Florida Law does not allow the Village to impose a surcharge, per se. He further stated that Tequesta has five wells operating in Martin County, with an application pending for another well. Commissioner Thom suggested to Council that they allow the two County Attorneys to negotiate an Interlocal Agreement covering this item in a manner that is satisfactory to everyone concerned, and to deter a decision on this issue until the attorneys meet and reach satisfactory arrangements. C~ Village Council Meeting Minutes July 26, 1990 Page 4 ------------------------------- Councilmember Collings concurred with Commissioner Thom and moved to table the 25~ surcharge issue until Martin County Attorney and Attorney for Village of Tequesta can negotiate. Councilmember Howell seconded the motion. The vote was: Mayor Capretta - for Edward Howell - for Earl Collings - for Ron T. Mackail - for the motion was therefore passed and this item was removed from the Agenda. Mayor Capretta stated that while he had Commissioner Thom at hand, there were actually other issues between Tequesta and Martin County: 1) water conservation in Martin County and the lack of cooperation between Tequesta Police and Martin County Police regarding enforcement of water restrictions of those Martin County residents using Tequesta water; 2) Tequesta • Park, located in Martin County. Martin County agreed to provide some funding and support for that park, but nothing has yet been received; and 3) connector road, plans which have been pending for some time. 1) Commissioner Thom stated he would personally speak to those concerned regarding the water conservation problem at Turtle Creek to see if perhaps there could be better patrol in that area. 2) Regarding Tequesta Park, there is a new Park Director, Bob Dennis, who was not aware of the agreement between Tequesta and Martin County. Commissioner Thom assured the Council that Martin County will be participating in the funding; and 3) Regarding the connector road: This is dependent upon the Girl Scout Camp giving a right-of-way for approximately 1/2 mile of the southern boundary of the camp. There was a meeting of the Girl Scout's Executive Council, and an attorney who serves on that Board who also practices in Martin County and represents some parties interested in getting a certain section in the South County District paved, and in order to do that the roads need to be open - and do not presently comply with the road opening ordinances. When this issue came to final conference, it ended at an impasse. The issue is definitely in Martin County's Five-Year Plan, but Commissioner Thom placed in his Budget for FY90-91. It is his hope this road will be completed by the end of 1991. Village Council Meeting Minutes • July 26, 1990 Page 5 ------------------------------- Fran Gibbons, 17440, S.E. Conch Bar Avenue, Indian Hills: Mrs. Gibbons gave an extensive dissertation of the operation of the Tequesta Water Department as it relates to users in Martin County. Mrs. Gibbons felt the consumption rates were inequitable, and if statistics were massaged enough, it would be possible to extract assumptive data whatever be the purpose. She felt a 25~ surcharge would not be taken lightly by those unincorporated area residents and gave many reasons why it should not be imposed. Mrs. Gibbons questioned the capital expenditures for expansion when water supply was in such dire shortage. She respectfully requested on behalf of the consumers in the Tequesta water area that the Council and Village Management come up with a realistic capital improvements program and that Council not approve the Ordinance imposing the surcharge. 2) Ordinance - First Reading - Modifying Section 18- 3 of the Code of Ordinances Relative to Quantity Rates for Water for All Users. • Mike Rocca, Gee & Jenson, reported on the review of the water rates for their adequacy, including the step gallonage tier for their appropriateness, and to review the level of capital improvement charge. It was demonstrated that Martin County users of the Tequesta water system used 20% of the flow above the 30, 000 gallon step as compared to 5~ for the Village of Tequesta residents. Most usage of 50,000 gallons and over, through conservations efforts, has been eliminated. The target now is those who use 30,000 gallons and more. This program „ sparked by South Florida Water Management District mandates, is designed to help promote water conservation. The Step Rate increases reflected in the Gee & Jenson report will contribute somewhat to the Operating & Maintenance expenses. These expenses do include cost factors for over-utilization of the system, above and beyond normal residential demands. The revenues in Table 3 of the report reflect the impact of a 25~ surcharge. It was Mr. Rocca's suggestion that no change in the rate structure be adopted until the surcharge issue is resolved. It was Gee & Jenson's recommendation that the Village proceed to: U Village Council Meeting Minutes • July 26, 1990 Page 6 ------------------------------- - Implement the step gallonage allowance and corresponding gallonage rates as discussed herein; - Increase the existing surcharge to 25~ on total water bill and other applicable charges for connection in Palm Beach and Martin Counties; - Have all rates and surcharges effective as of the first billing period in October, 1990. 3) Ordinance - First Reading - Increasing Tequesta Water System Capital Improvement Charges for New Connections to $1,960. It was Gee & Jenson's recommendation, based on the information concerning the projected expansion capacity and costs provided in their July 17 report on the Water System Capital Improvement Charge, that the Village consider a Capital Connection Charge of $1,960. It was Mayor Capretta's conclusion that the decision for increasing the capital improvement charge for new connections should be postponed until the surtax can be . resolved, and to allow an opportunity for more homework to be done. Village Manager Bradford explained that the Ordinance for Capital Improvement Charge for New Connections is a 'stand-alone' issue - not related to the rates or surcharge - therefore it could be addressed tonight. Mayor Capretta understood that but felt the underlying assumption was that the new users of the system would pay all the capital charges through a connection charge, which may be unrealistic, since there may be only 1500 new connections, as opposed to 3,000 new connections. Therefore, would or could the necessary capital be collected? Councilmember Collings moved to postpone the First Reading of the Ordinance Relative to Rates for Water for All Users and the Ordinance to Increase the Capital Improvement Charges for New Connections. Councilmember Howell seconded the motion. The vote was: Mayor Capretta - for Edward Howell - for Earl Collings - for Ron T. Mackail - for • the motion was therefore passed and adopted. Village Council Meeting Minutes • July 26, 1990 Page 7 ------------------------------- ~J B) Consideration of Agreement for Funding of Water Utility Construction Items Associated with the Old Dixie Highway Improvement Project. This Item was deleted from the Agenda pending further work with Palm Beach County regarding the language of the Agreement. C) Consideration of Request of the Lighthouse Gallery Board of Directors for Utilization of Gallery Square North Parking Lot for the 27th Annual Arts and Crafts Festival to be held Sunday, November 18, 1990. Village Manager Bradford explained that Public Safety Director, Greg Spencer, had a concern regarding the above- referenced festival. The concern was that since there have been problems in years past, it was felt that the Gallery should provide their own barricades to barricade off Tequesta Drive and Seabrook Road, rather than using those of the Tequesta Police Department. Chief of Police, Carl Roderick, stated he would have to contact Mr. Gordon to discuss that with him. Councilmember Howell moved that Lighthouse Gallery Board of Directors be allowed the liberty to use the Gallery Square North Parking Lot for the Arts and Crafts Festival, per their letter of request, with the provision that they provide their own barricades. Councilmember Collings seconded the motion. The vote was: Mayor Capretta - for Edward Howell - for Earl Collings - for Ron T. Mackail - for the motion was therefore passed and adopted. • Village Council Meeting Minutes • July 26, 1990 Page 8 ------------------------------- D) Review and Discussion of Master Plan Site Option Sketches. Village Manager Bradford gave a brief overview: The Master Plan, an outgrowth of the Charette of September 1989, contains a number of uses (i.e., Library, Government Buildings, Post Office, different types of residential and commercial structures). There was concern expressed regarding adequacy for the proposed location of the Library (northeast of the Post Office). With that concern in mind, Council suggested that alternative locations be considered. Around May 1, 1990, County Commissioner Marcus wrote the Village Council urging that a decision be made quickly as to location, since Palm Beach County voters had approved the special tax, already paid and collected, to build this new Library in North County. It was decided to do some sketch options of alternative sites. Jack Horniman, Village Planning Consultant, discussed those • alternative site sketch options A-G, which were presented to Council. Mayor Capretta stated the Library needed to be placed on an existing street and on a corner. He preferred either sketch option B or C. Councilmember Collings felt sketch option B was more appropriate, with juxtapositions of the Library and Post Office to share parking areas. John Giba, a Tequesta citizen, felt B was the best option. Jerry Brownlee, Director of the Palm Beach County Library System, stated sketch option B concept was great for the Library. Carlton Stoddard, Chairman of the Downtown Development Task Force reminded Council that the citizens were in favor of a life care facility downtown, and that the idea was still very much alive. He also commented that the sketch option B location for the Library was both fitting and proper. • Village Council Meeting Minutes • July 26, 1990 Page 9 ------------------------------- Councilmember Collings moved that Council approve Library site Option "B", subject to revisions based upon what Mr. Brownlee, Mr. Dorner, and the Post Office agree upon. Councilmember Howell seconded the motion. The vote was: Mayor Capretta - for Edward Howell - for Earl Collings - for Ron T. Mackail - for the motion was therefore passed and adopted. E) Adoption of the Proposed Millage Rate (5.7500) Necessary to Provide the Ad Valorem Taxes Required to Balance the Tentative Fiscal Year 1991 General Fund Budget. Village Manager Bradford gave an overview: The above rate is • a 7.5~ reduction over this year's millage rate; it will generate ad valorem tax revenue of $1,923,095. The proposed Budget is such that beginning in October, the Village will begin billing directly for garbage and recycling on the water bill for homeowners and condominium owners. If the 5.7500 millage rate is adopted, it would be necessary to send a letter to each registered property owner in order to raise it a later date. Mayor Capretta asked what would happen if the Solid Waste Authority reversed their decision and did not go ahead with their plans to charge the individual directly. Mr. Bradford explained that if that happened, then Nichols' charge to the Village would go up, and therefore would go up on the water bill commensurately. Alternatively, the millage rate could be amended upward to cover these costs. Mr. Bradford felt a change of course by the Solid Waste Authority was not likely, but if such occurred, he may have to unilaterally amend the tentative millage rate upward. • Village Council Meeting Minutes July 26, 1990 Page l0 ------------------------------- Councilmember Collings moved to approve the proposed tentative 5.7500 millage rate. Vice Mayor Mackail seconded the motion. The vote was: Mayor Capretta - for Edward Howell - for Earl Collings - for Ron T. Mackail - for the motion was therefore passed and adopted. F) Adoption of the Computed Rolled-Back Millage Rate (5.4086) to be Provided to the Property Appraiser in Accordance with Florida Statute 200.065. Village Manager Bradford gave an overview: The new tax rate of 5.75 is a 6.3% increase over the rolled-back rate of 5.4086. • Councilmember Collings moved to approve the computed rolled- back millage rate of 5.4086. Vice Mayor Mackail seconded the motion. The vote was: Mayor Capretta - for Edward Howell - for Earl Collings - for Ron T. Mackail - for the motion was therefore passed and adopted. G) Adoption of the Date, Time and Place of the First and Final Budget Hearing to Consider the Proposed Millage Rate and Tentative Budgets. 1) First Public Hearing - September 13, 1990, 7:00 P.M. at Village Hall, 357 Tequesta Drive, Tequesta, Florida. 2) Final Public Hearing - September 27, 1990, 7:00 P.M. at Village Hall, 357 Tequesta Drive, Tequesta, Florida. Village Council Meeting Minutes July 26, 1990 Page 11 ------------------------------- Vice Mayor Mackail moved to approve the First Public Hearing to be held on September 13, 1990, 7:00 P.M. at Village Hall, 357 Tequesta Drive, Tequesta, Florida; and the Final Public Hearing, September 27, 1990, 7:00 P.m.at Village Hall, 357 Tequesta Drive, Tequesta, Florida. Councilmember Collings seconded the motion. The vote was: Mayor Capretta - for Edward Howell - for Earl Collings - for Ron T. Mackail - for the motion was therefore passed and adopted. IX. ANY OTHER MATTERS • A) Vice Mayor Mackail brought up some points regarding Public Safety which he thought Council needed to consider: Everyone is aware of what needs to be done in order to create a Public Safety Department. Mr. Spencer has many times explained the meaning of the program, the contingencies and cost analysis, funds have been allocated in the Budget to go forward with a Public Safety Department, but Council has not yet directed staff to move forward. With notification dates quickly arising, it should behoove Council to make a timely decision. Mayor Capretta explained that decisions are being made, but on a step-by-step basis as each point is approached. The Mayor felt an implementation plan, or pert chart, was needed from the Public Safety Director showing each decision as it needed to be made on a progressive basis. Councilmember Collings stated that though the Village is "tip-toeing" through this growth pattern, it is wise to stay on top of the situation, and that though the Budget has not yet been approved, there should be a work-in-progress report review and the pert chart Mayor Capretta referred to within the next two Council meetings. Village Council Meeting Minutes July 26, 1990 Page 12 ------------------------------- B) Mayor Capretta stated he wanted a letter directly to the Chairman of County Commissioner Elmquist with a copy to Karen Marcus which states Tequesta supports the idea of making a professional study of the need for public transportation of North County. No funds are being committed. X. ADJOURNMENT Councilmember Collings moved to adjourn the meeting. Vice Mayor Mackail seconded the motion. The vote was: Mayor Capretta - for Edward Howell - for Earl Collings - for Vice Mayor Mackail - for • the motion was therefore passed and adopted and the meeting was adjourne8 at 9:30 P.M. 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