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12-07-1995 VC SP WS-MMINUTES OF SPECIAL WORKSHOP '- OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA HELD THURSDAY, DECEMBER 7, 1995 Present: Tam Valente, Mayor V. A. Marks, M. D., Vice Mayor Larry Kelley, President Pro Tem Gail Vastola, Councilman Dennis W. Kelly, Village Manager George W. Baldwin, Village Attorney Absent: Charles O'Meilia, Councilman ROLL CALL Mayor Valente called the meeting to order at 6:32 p.m. All members of Council were present except Councilman O'Meilia, who was absent due to illness. Members of staff present were Village Manager Dennis Kelly and Village Attorney George Baldwin. Public Services Director Tom Hogarth was also present. PURPOSE OF THE SPECIAL WORKSHOP The purpose of the Special Meeting was to meet with Mariners Key Property Owners Association's Board of Directors regarding a proposed annexation by the North Palm Beach County Improvement District. The Village Council stated that, although Mariners Key Property Owners Association has had meetings over the years regarding its intent to become a gated community, and in fact had met with members of staff during those years, no feasible plans had been presented to the staff in this regard, and consequently the issue had never been brought before the Council. Additionally, the Council had never been approached privately or publicly in this regard. Tim Wengierski, President of the Mariners Key Property Owners Association told the Council that the primary goal of Mariners Key property owners is to have a gated community, and that goal can most easily be achieved with the least amount of financial burden and inconvenience by annexation into the Northern Palm Beach County Improvement District. Although they are open to other suggestions, they feel that this would be a relatively smooth process. Further, he stated that 51 people have signed the required approval petition, and 57 signatures are required, which is 75% of the community. Paradise Harbour is not included in the petition, and there are no plans to include them in the gated community. Mariners Key is interested in finding other avenues to pursue regarding an entrance and exit for Paradise Harbour. Mr. Wengierski also said Minutes of Special Workshop Held Thursday, December 7, 1995 that they fully understand that certain guidelines, as dictated by the Village's Comprehensive Plan, must be met. The Village Council suggested that Mariners Key Property Owners Association include Paradise Harbour in their plans and bring those plans to the Village, rather than pursuing it through the Improvement District, however Mariners Key property owners feel that the easiest and most cost-efficient way is to continue through the water control district. Pete Pimentel of the Water Control District, addressed the Council, saying that his agency is not promoting a gated community, but has a vehicle which allows the landowners to provide themselves a gated community, if that is their intent. However, to provide that vehicle, they must be within the political boundaries of the District. The District can provide them with services only if certain procedures are followed, beginning with annexation, and it is a long and involved procedure. Mr. Pimentel said that the District cannot even look at the project until July 10, 1996. He further told the Council that if the legislature does approves the annexation, the District won't provide any service unless initiative from the landowners occurs and the Village of North Palm Beach approves. He ,.•. further stated that the District has no unilateral powers, and everything it does must conform with the local government's Comprehensive Plan. Additionally, Mr. Pimentel was willing to state for the record that if the Village worked out an alternate plan with the landowners of Mariners Key, the District would support "deannexation" next year. If annexation occurs and the District provides service, the construction for the gated community would not begin until October of 1998. The consensus of Council was to offer consideration to Mariners Key if they come forward with a viable plan directly to the Village Council. It was noted that the schedule submitted by Mariners Key for 1998 construction does not include any of the steps necessary for Village approvals, either by the Planning Commission or Village Council. Village Attorney George Baldwin told the Council that one issue that would have to be addressed prior to a private gate being constructed is that the roads proposed to be gated are in fact public roads owned by the taxpayers and maintained by them. Therefore, if annexation into the water district occurs, would the public roads be deeded over to Mariners Key? And if not done through the water district, but through the Village instead, would the Village legally abandon the roads so the Mariners Key becomes the owner? If so, their Association would have to be prepared to maintain them. 2 Minutes of Special Workshop Held Thursday, December 7, 1995 Representatives of Mariners Key stated that, having almost 75% of property owners in approval, the easiest and quickest way to accomplish their goal of a gated community is to continue on with annexation into the water district. The Village Council told Mariners Key property owners that the schedule showing completion date of 1998 was unrealistic, since it does not include any scheduling for Village approvals, and further, the approval process is long and difficult with the Village's Planning Commission, which represents the entire Village. The Village Council reiterated their concern for Paradise Harbour, stating that the same responsibility is owed to them as to Mariners Key. The Council, by consensus, agreed that a resolution supporting Mariners Key efforts to join the Northern Palm Beach County Water District would be prepared for the Regular Session on January 14, 1995. In the interim, the Palm Beach County Legislative Delegation will be advised at its December 12, 1995 meeting that the Council's prior resolution asking for postponement of their vote will be rescinded, with a subsequent resolution supporting the annexation to be presented in January. ... There being no further business to come before the Council, the meeting adjourned at 8:05 p.m. ~- athleen F. Kelly, CMC, Villa Jerk 3