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HomeMy WebLinkAboutMinutes_Regular_11/09/1989 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 N O V E M B E R 9 1 9 8 9 I. The Tequesta Village Co~~nci.l held a. regularly scheduled meeting a,t the Village hall, 351 Tequesta I'irive, Tequesta, Florida, an Thursday, November 9, 1.989. The meeting was called to order at. 5:30 P.I. by `1a,yor Joseph N. Capretta. A roll call was taken by the Recording Secretary. Councilmember.s present were: Vice-~1a.yor Edward C. Howell, William E. Bur.cliart, Ron T. Mackail, and Earl L. Collings. Village Officials present were: Thomas C. Bra.d.ford, Vil.]_age Manager; Wendy Ii. Harrison, Administrative Assistant to the Village Manager; ,john C. R.a,ndolphh, Esquire, Village Attorney; Bill C. Kascaveli.s, Finance Director, and Department. Heads. TT. I'~~'OCATIC)~ 1\D FT;FDC`xF t=)F ,-11:i:E(A1.~,\C~E Mayor Joseph N. Capretta gave t a.ttPnda.nce to the Pled~'e of :\llegian~ III. APPROVAL OF THE AGENDA Councilmember C'ol.lings asked t.o add Any Other Matters. Mayor Capretta st,a,t.ed he ha.d several_ items to be bro~zght up under Any Other Matters: 1) Village Council. meeting times to be 9:00 a.m. or 5:30 p.m.; 2) An update on the status of the Tequesta Drive project.; 3) An update on the status of the Consultant's Report, which i.s daze , regarding Fubl i.c Safet.y ; 4) Inform the C'oizncil of a meeting between Mayor Cap3°~t.ta and Fire Chief Brice, of Palm Beach County. tillage Council Meeting Minutes tiovember 9, 1989 • Fage 2 ------------------------------- IV. CONSENT AGENDA All items appearing with an asterisk (*) on the Agenda werE considered routine and were enacted by one motion. Councilmembe~ Collings moved. to approve the Consent. Agenda. C'ouncilmembe~ Burcka.rt. seconded the motion. The vote on the motion wa,s: Joseph N . t;apretr.,a - r. or Wi_1.liam E. Burcka.rt - for Ron T. ::"iackail - for Edward C. Howell - for Earl L. Collings - far the motion was therefore passed. and. the Consent. Agenda was appravec as submitted. i_llage • regarding Consent. Agendas: Is it. acceptable to place Ordinances and Resolut.i.ons on the Consent agenda? Attorney Randolph responded that. each have t.o be read by title. That. reading could not be avoided. Narmally, items on a Consent Agenda require no action. Therefore, it was At.t.orney Ra.ndolph's feeling that since bath an Ordinance and Resolution have t.o be read by title, they should be separ. at.ely 1 i st.ed items . VI. COMMliNICATIONS FROM CITIZENS here were no communications from citizens. VII. DEVELOPMENT MATTERS A) Consideration of a Site Plan for a Satellite Dish; C.R. McDona_td, 1 Yacht Club Place. Scott Ladd announced that the individual t.o represent this matter was not, able t.o arrive before 6:00 p.m. In the i.nter.im, the ne.~t items on the Agenda were taken in their arder. tillage Council Meeting Minutes tiovember 9, 1989 Page 3 VIII. NEW BUSINESS A) Discussion of Cypress Drive Drainage Project as Proposed. Wendy Harrison used. overhead displays to demonstrate the Cypress Drive Drainage Project. Village Manager Bradford recapped the history of the project,: In 1983 the FEC ra.il.roa.d and. Rinker Materials initiated a discussion with Tequesta., Palm Beach County, and the Town of Jupiter, to address the drainage problem at Ranker. and the FEC; road bed. Basically the problem was, and is, the drainage pipe for. which Palm Beach County was given approval, underneath the roadbed of the railroad. The pipe is located in Tequesta., just west of the R.i.nker property. Subsegzaent to this, Tequesta received permission arozznd. 1978 to tie in Tequesta dra.i.nage to the Count.y's drainage pipe. Ultimately, Rinker and the railroad complained - the railroad because they say they never gave anyone approval t.o a.dd t.o that pipe - Rinker's concern is that their pr.oper.t.,y always floods. In '983 everyone was formally approached t,o address those basic problems. In 1987, after mz~ch discussion and i.nact.i.on, "equesta, Palm Beach County and Jupiter entered into an 'ntertocal Agreement to fi_md the project conceptual design. ~d permi.tting that. was appro~imat.el,y $1U,OQ0. From 1987 to 1.989, while the project wa.s being designed, the South Florida Water Management. District. permit had t.o be procured, which has now been granted. Now, the County has sent forth the new Interlocal Agreement, for preliminary land acquisition (survey work to ascertain the extent that the right-of-way is needed! which }7as been approved by Jzzpit.er but, not Tequesta, or Palm Beach Coz.znt.~- . In 1983 the project was esti.mat.ed to be far less than today-' price which could be between 7.4 and 1.8M dollars. ThE Interlocal. Agreement would require Tequesta to cover 55% of preliminary land acquisition costs. The remaining phases arE that. at some point. i.n t.i.me an Agreement will have to struck, whereby the right.-of-way can be purchased by= whatever entities, and there will have to be an Interl_oca.l Agreement relative to const..ructon, and last.l.y, ~~ho will ma.int,ai.n that which gets built. pillage Council Meeting Minutes November 9, 1989 Page 4 n U The project basically consists of building appropriate drainage st.ructi.ares to divert that, water to the FEC right-of- way that would be purchased, on the west side of the tracks, for retention purposes. It will. then go up either Ri_versi.de Drive or straight. down the right-of-way to the River for. the excess to be discharged there. COUNCILMEMBER COLLINGS: How far from the track is this proposed right-of-way. WENDY HARRISON: App r.oxi.mately 50 feet. COLLINGS: What. waG the name of the engineering studyT c.*hich shocas that all of this land runs off into that drainage pipe? HARRISON: The Hut.cheon E funded via the 1987 Agreemen COLLINCxS: Presuming the Study is correct, in its findings, who i.s disadvantaged by the drainage? HARR.ISON: Under existing conditions, private property owners and the public. VILLAGE MANAGER BRADFORD: Rinker, the raiLroad...Th railroad feels that: the drainage acttaally affects thei roadbed. COUNC'I1~MENIBER BURCFiART: If FEC is being hurt so badly by this drainage, yet. they want all this money for the right-of- way, let them donate i.t, then. we will put the project. together. BRADFORD: This i.s exactly why- this i.s being brought. before ,y-ou, because Palm Beach County and Jupiter don't necessarily have that feeling about it. Consider Cypress Drive -- when that f.laods, traffic cannot, pass - that's Jupiter, not. Tegizesta. However., Tegt.~esta does impact that, drainage. COLLINC7S: By how muc}~ - what percentage comes from Tequest.a.? My judgement i_s that the hulk of it comes running right. down Cypress Drive from Jt.ipit.er property. HARRISON: Over half comes from Tequest.a. grillage Council Meeting Minutes tiovember 9, 1989 • Page 5 ------------------------------- MAYOR CAPRETTA: Who caants it done most - Jupiter, Rinker, the railroad? I'm not fond. of any of those entities. BRADFORD: That's exactly why- this issue is before yot.x - it.'s an expensive project. MAYOR CAPRETTA: If the railroad, a.nd the County, and Jupiter, and Rinker will get together and do that whole project, pa.y for. all of it, including the land acquisition, I will discuss Tequesta maintaining i.t. ATTORNEY RANDOLPH: What happens when they say that Tequesta has to disconnect. their pipe that goes under the railroad`? The only reason I bring that up is that I remember the discussions back in 1983. The same questions were asked back then. ~'OLLINGS: 't'hat pipe is almost exactly- on the hor.derline, right? ~`'~RRISON: Yes. That's the 24" pipe that hooks into someone • ~;e's pipe. ~:C:LINGS: Which way is that pipe discharging - east or west:' HARRISON: West.. MAYOR CAPRETTA: Just pull the plug - cut the pipe off. If they think we're going to spend over a million dol.].ars on a, project li.lee that with all the people who benefit. paying practically nothing, forget it. COLLINGS: If we just say "no" what. will happen besides get. t.i.ng our hands slapped? BRADFORD: The railroad once threatened to close the Tequesta Drive crossing, since we don't own it - we have a license for i t. . MAYOR CAPRETTA: Let them close it. BRADFORD: F,'.inlier's office, at. their plant, are located. in Tequesta. They flood from time to time. Village Council Meeting Minutes November 9, 1989 Page 6 MAYOR CAPRETTA: Who does Rinker pay taxes to? BRADFORD: Jupiter. and. Tequesta. i~iA~"OR CAPRETTA : How much'? BRADFORD: Not. much. COLLINC7S: We could give that land. to the County o Jupiter.. r t.o BRADFORD: If you are going to go in that. di.r.ection, ought to be prepared to deal with verifiable runoff that 3°ou runs down that slope i_n a fashion that does not. involve the Village with this whole setup. We do have same options: one i.s to divert. all drainage to the Dover. Ditch. COLLINC`7S: Where is the Dover Ditch' 'I.ARRISON: It's at the end of Pinevi.ew running west an d i.t ischarges to the Loxaha,tchee where it intersects with ':'.iverside Drive. TeCIL1P.Sta maintains that Ditch. ''AYOR CAPRETTA: What this project. boils down t.o is: the people who want it, and. own the land, want to charge the Village a. million dollars for useless nand so that the Village can build a project that benefits them and re- evaluates their useless land to be worth more. BRADFORD: If I prove to you that, the Vi. _ll_age ha.s a drai nage situation that needs to be dealt, with, would you. then a gree that, we shoiz).d come up with a way t.o do that. independently ? MAYOR CAPRETTA: Yes. The other alternative is to go to the people who are interested. in the Cypress Drive project and see if they're willing t.o pay for i_t. If you can come back with a proposal where the Vi.ll.age's share is 3% or 5% or l.0%, we may reconsi_d.er. But not, the way it stands presently. BRADFORD: We can show you from an engineering perspec tive that. Village water is flowing to that loci spot. CCLLINGS: When did it not flow to that. low spot" ATTORNEY: Jzzst prior to the Village putting in that. pipe. Village Council Meeting Minutes November 9, 1989 Page 7 (OLLINGS: It's that pipe that causing the problem ATTOR,NFY: That's my understanding. MAYOR CAPRETTA/COLLINGS: Take it out,. BRADFORD: We got brought into this when Tequesta. widened Tequesta Dr.i.ve from Old Dixie, east, in 1977 and. put i.n drainage for the first. time. That. drainage had to be diverted down Old Dixie to R,inker.s, then. makes a western turn under the railroad. There is no additional capactiy- in the DOT drai.na.ge system. It. even oi-erflows and builds iap at. the t'.S. #1 and CR-707 intersection. So they wouldn't alloca anyone t.o tie in. Before that widening of Tequesta. Drive, there was natura_1 runoff that would come from Tequesta that would naturally sheet or flow downhill towards that low point, but what. made it, worse wa.s that when there needed to be a drainage system, we had. to ti.e into something to gc~t rid of the runoff. Tha.t's probably why ai.ar part of the proposed project i.s so much greater. . ",'die other. problem is Lighthouse Plaza, Tequesta. Plaza and '~]ek Webst.er's - their runoff just. rolls into the street and ~'equest.a has taken care of it.. But, since that time, South i-lorida k'ater Management. District have ha.d the requirements for on-site retention, so each is responsible for his own problem. So, they contributed to a greater amount of runoff on the road. right-of-caay than would- have occurred if they had on-site retention. Therefore, those acreages in that runoff gets included in this whole picture for Tequesta, and that. is why the issue of special assessment came up. CIAYOR CAPRETTA: We'd better find another wa.y aro devote the monies to that project. BURCKART: Why doesn't Tequesta do their own special assessment. drainage district, and solve our own problem b5 going out the Dover Ditch a.nd let the properties that axE causing the problem pay for it. BRADFORD: That's one approach. Gve can show you we have som water that needs to be taken carp ~f. MACI~AII:: If we took the special assessment rai_~t.e, does t.hai mean we would have to specially assess the area. - it, doesn't apply throughout the Village? • Village Council Meeting Minutes '~ovember 9, 1989 Page 8 ATTORNEY: Right. If yo~.z decide to go special assessment fog this project, it doesn't necessarily cause a precedent of the way you have to go i.n the future. BRADFORD: Our budget all along has been based on special. assessment. The taxpayers would only have to pay for that portion that ca.n be shown that. would have a clear benefit to the taxpayers. h1AYOR CAPR.1 project a.s it is now structured, primarily because of the excessive cost by the railroad trying to get rich on i.t. Therefore, that alternative is out. We need to look for an al.ter.native way to handle the issue. As far as financing, tha.t's another issue, but first of a.ll the drainage problem must bP solz.~ed. VII. A) Consideration of a Site Plan for a Satellite Dish; C.R. McDonald, 1 Yacht Club Place. • 'is. Michelle Sudbury represented G.R. "IcDonald. ivis. Sudbury ~:plained she had procured. consenting signatures of neighbors i.thin a 300 foot radius. Counci..lmember Burckart moved t.o approve the site plan for. thF Satel.l.ite dish. Councilmember Co.ll.ings seconded the motion, The vote on the motion c:;~=;: ,~osepn iv. ~;a.pretta - fo t~ti l l iam E. Burchart - fo Ron T. Mackail - fo Edward C. Howell - fo F.arl. L. Collings - fo the motion was therefore na.ssPC3 a.n~ • Village Council Meeting Minutes November 9, 1989 Page 9 IX. UNFINISHED BUSINESS A) Ordinance No. 393 - Second Reading - Prohibiting the Removal of Recyclable Materials by Persons Other Than Those Authorized by the Village of Tequesta to Remove and Collect the Same. Attorney Randolph read Ordinance No. 393 by- Title. Councilmember Mackail moved to approve the second reading of Ordinance No. 393. Councilmember Collings seconded that motion. The vote on the motion was: Joseph N. Capretta. - for William E. Burckart - for Ron T. Mackail - for Edward C. Howell - for Earl L. Collings - for • - .. - ~~~~~ OTHER ^1ATTER5 '~) Council_member Collings gave an update cif the latest COG meeting: t4ater Resource Ma.na.gement. Plan on the McArthur. property, which envisions three reservoirs, is sx.ipport.ed by COG. It wa.s requested that the technical. group study the plan and make a. firm recommendation to all municipalities in order t.o receive their endorsement, after which the plan will proceed. The plan will take one year permitting, and two ,yea.rs in construction. The plan will have a. minimum impact on Tequesta for resx.ipplyi.ng the aquifer. Mr. Collings urged Tequesta to endorse the plan. (~ounci.lmember Collings reported he had talked with Mr. Dent, of Encon, for more definition on the connection of the sewers and learned there are three circumstances for connection: l.) those homes where the sewer already exists, if they want. to connect to the sewer from a septic tank, before the paving of C,oi.antry Club Drive, the price will be one set price, whether one household. does it, or whether ten do it; 2) those along Tequesta. Drive, where the pipes were pt.it in 10-12 years ago have not. been connected to the main drainage. Encon is not • pillage Council Meeting Minutes \ovember 9, 1989 Page 10 sure those pipes are right. Four t.o six months are bor.der.l.ine, but. that's the major concern the Village should have since that causes the most construction on Country- C]_ub Drive. If, for example, half of the residents there would sign up, that would place Encon on a high priority planning and. Encon coi.ald probably accomplish it. within si.x months; and 3} those whose sewer pipes have not been installed. This would. take longer than six months. Mayor Capret.t.a. asked the Village attorney i.f it would be legal to make it. mandatory that everyone on Country Club Drive connect. their sewers in a given time period. ,att.orney Randolph responded i.t wou]_d be legal as Long as it, was within a .reasonable period of time. That would be a legitimate p~.~blic interest. Tom EIa].1 stated one more agency needed. to be involved with this project, a.nd that i.s the Palm Beach County Health Department. Rep]_acing of septic. tanks has to be approved by that. agency, beat. Encon should be the lead agency. >vlayor Capretta stated the ideal. process would be to explain to the public involved why it, is better to hook into the sewer than have a septic tan.}~; and eventua..l.ly they will. have t.o replace their septic tank and. :~~erefore economically it is much more pr. act.ical than the3- :rhaps would think a.nd give them the numbers. Start. a ,~~les/edt.~cation program. If 50% agreed vol.~zntaril.3-, it would ,;~obably be easy t.o make it mandatory for everyone t.o hooh on. However, Encon is not willing t.o Lead the way on this. They are willing to send out. a letter, but. tha.t.'s all. B) Counci.]member Collings stated a public hear.i.ng is daze again on Central. Boti~l.evard anal Loop Road.. Ma.rt.in County seems to have made some progress on the connector. road. Landowners seem to be willing t,o t.rade a 90 foot right.-of-way for the use of the connector. road in exchange for other property in the park that the Co-.anty will. give. That. is close to coming to fruition. The Girl Scout Camp is still a major hangup. C°) Councilmember Collings reported. COG will develop a series of pamphlets to enhance the duality of life vis-a-vis the Jupiter. Inlet and L.oxahat,chee which are convincing a number of different. audiences of the necessity and va.li_~e of protecting a.ll that water property environmentally as far as Manatees, grasses. The first pamphlet wi.l.l address specifically boaters for a.n environmentally safe boating operation. U pillage Council Meeting Minutes ~~vember 9, 1989 Page 11 D) Nlayor C'aprett.a asked the Council. which meeting time they preferred for Village Council meetings - 9:00 A.M. or 5:30 P.M. He stated the Council voted some time ago to make their regular meeting time 9:00 A.M. and. 5:30 P.M. when there was subject. matter that required them by State Law to meet. Councilmember Collings a.nd Vice-Mayor Howell preferred 5:30 P.M. Mayor Capretta and Councilmembers Mackail and Burckart preferred 9:00 A.M. Village Manager Bradford stated he preferred 5:01 P.h1. He explained how 5:30 P."1. came about. It wa.s a verbal agreement to try the 5:30 hour; during the summer many of the meetings had to be scheduled for 5:30, and ma.n~r st.at.ed they Liked t.ha.t. hour so they continued to meet at 5.30. the majority agreed to meet at 9:00 A.M. E) Mayor Capretta asked for a status update ot" the `I'equest.a Drive project. Wendy Harrison stated the paving would be finished tomorrow (Friday, November 10) a.nd Tequesta Drive could be reopened on that day between 12:00 and 2:OU P.M. • nnstruction on the south side of Tequesta Drive would °ontinue through December. F) Mayor G'apret.ta asked Village Manager Bra,dford_ to give an update of the C'onsultant's Report and status of Phase I of the Public Safety Program. Mr. Bradford explained the Consultant now wanted t.o meet with -the Village Counci_1 indi.vi.dua.lly t.o apprise them of the findings of the study, a~ wel]_ as one more meeting regarding the issue of emergency medical services. Gj Vice-Mayor Howell asked i.f it was true that Mr. Pant.Lin and County Line Plaza a.re in receivership. Couneilmember Burckart explained it wa.s true, and further explained. that the general contractor had problems with other jobs out of the area. anal lased a lot of money that. was allocated. for the subs to pa.y other things. The amoount. of the liens of the subs ~ahr~ were not paid i.s over 1.01 of the project. itself. • pillage Council Meeting Minutes \ovember 9, 1989 Pr~~e 12 This had repercussions which kept them from closing on new financing. At. that point. the bank decided to foreclose the loan. Mayor Capretta suggested that someone look into this to see just, what impact. this wi] 1 have on the Village. XI. ADJOURNMENT There being no other matters before the C'o~.zncil, the meeting was a.diourned at. 6:~ti P.M. i; ... .~ .. ,- ; 1 , ~~ 7. ,,. i, . Rec:or.ding Secr.~et;ary Finance Di r~~c car/pill age (`lerk ,. ~ ,. r_ ;,~~,~ ~'. , G~~-~.e-,ti--~e.~.~ ~ ~ ~ 19~ 9_ a