Feasibility Study and Charter Review Committee

The District received an overwhelming number of community members interested in serving on the Feasibility and Charter Review Committee.

Last night, at our regular monthly meeting, the Board of Supervisors made some modifications to the proposed policy related to the committee and made the appointments to the committee. One of the modifications was to add alternates for each seat and the other modification was to add two additional seats for the R6 area due to the size of the area. The committee will now be comprised of 15 people plus alternates for each seat and as well as At Large Alternates. Thank you to everyone who has volunteered to be on the committee.

The following is the list of committee members and the areas they represent. The first name is the designated person and the second is the alternate for the seat:

R1       Betty Argue – Chair

R2       Joni Martin

R3       Keith Jordano

R4       Bob Morgan, President ALA/ ALA to choose alternate

R5       Howard Zusel/Mariam Glisson

R6-A   Todd Kovi/Paul Leder

R6-B   Dennis Hawkins/Brian Hollinger

R6-C   James Rouse/Carol Jacobs

R7       Michelle French/Sherida Bedford-Pinder

R8       Elizabeth Accomando/Ann-Louise Seabury

R9       Laura Kline/Barbara Stafirm

R10     Larry Portnoy/Kevin Ratterree (GL Homes)

R11     Rudy Tinker/Mark Snellgrove

Extra District-wide At Large Alternates (listed alphabetically): John Ebel, James Hetherly, Pastor Lee M. Sapp, Denise Ann Smith, Robert Stout, Dana Wolford

R12     Jay Sweet/Cythia LaCourse-Blum

R13     Glen Meyer/Richard Vassalotti, II

The map of the area with the designees is below:

All members have been sent a welcome letter for the committee as well as provided with the following list of reading. This is great information for everyone to read and learn from. Once the meetings begin, they will be advertised and the community is not only welcome but urged to attend.

For your reading pleasure and preparation for discussions on the Feasibility and Charter Review Committee:

  1. To understand Indian Trail’s authority as an improvement District, please read

WHO WE ARE

“ITID was created by the Florida Legislature in 1957 as a Chapter 298, F.S., Special District. ITID is an independent special district that provides water management and infrastructure development services to properties in Palm Beach County.

The 1957 enabling legislation was strictly for water (canal) management. ITID now maintains, not only 164.2 miles of canals, but also 9 rural and equestrian parks, and more than 458 miles of roads.

The Indian Trail Improvement District was created for the purpose of reclaiming the lands within its boundaries for water control, water supply, and protecting the land within its boundaries from the effects of water by using the construction and maintenance of canals, ditches, levees, dikes, pumping plants, and other works and improvements. The legislative boundaries included approximately 17,000 lots encompassing a 110+ square mile area, along with citrus grove and sugar cane production. As a “Special District” ITID provides drainage, road grading and improvements, plus a neighborhood park system.”

We are governed by the following:

  1. Indian Trail Charter as it exists today http://laws.flrules.org/2002/330
    1. Indian Trail Charter amendment authorizing the feasibility study and Charter Review Committee https://www.flsenate.gov/Session/Bill/2021/1185/BillText/er/PDF
    1. Legislation governing Special Districts https://www.flsenate.gov/Laws/Statutes/2012/Chapter298

https://www.flsenate.gov/Laws/Statutes/2012/Chapter189/All

  • As well as information on the Palm Beach County League of Cities website

http://www.palmbeachcountyleagueofcities.com/

  • Home Rule Authority explained:

http://www.floridaleagueofcities.com/docs/default-source/Civic-Education/historyofhomerule.pdf?sfvrsn=2#:~:text=The%20most%20precious%20powers%20a,approval%20is%20a%20tremendous%20authority.

Feasibility Study and Charter Review Committee

Are you interested in being of service to our community? The Board of Supervisors of Indian Trail is ready to move forward with the creation of the Feasibility Study and Charter Review Committee. Below is information regarding the formation of it proposed to the Board of Supervisors to be considered at the June 9th meeting. If you are interested in becoming involved, please contact me or any one of the Supervisors or staff.

“The Incorporation and Charter Creation Committee (Committee) is being created to facilitate the creation of and disseminate information for the potential incorporation of the area known as the Indian Trail Improvement District (District) or informally as the Acreage and Loxahatchee (unincorporated) neighborhoods. The Committee shall serve as a volunteer group consisting of landowners who will represent the interests of those landowners within the Proposed Legislative Boundaries of the District including Non-activated Units.

The Committee will be responsible for ensuring that the Feasibility Study meets the financial and service delivery expectations of the proposed municipality. The Committee will also oversee and direct the assigned Legal Counsel and staff support to develop, write and formalize a draft Home Rule Charter for State Legislative Review, then to be taken to the voters of the District.

The Charter Review Committee could consist of the following Members (Map Attachment):

  1. Board of Supervisors President who will serve as the Committee Chair
  2. Board of Supervisors Treasurer
  3. One Board Supervisor
  4. Representative from the Acreage Landowners Association
  5. (R5 on map) Representative from Units 1, 3 and 14 (South of 60th Street N, North of 40th Street N, West of 110th Avenue N and East of 140th Avenue N)
  6. (R6 on map) Representative from Units 2, 4 (Partial East), 7, 9, 10 and 13 (North of 60th Street N, South Northlake Boulevard, East ofSeminole Pratt Whitney Road and generally West of 110th Avenue N or 120th Avenue N)
    7. < li>(R7 on map) Representative from Units 4 (Partial West), 5 and 10 (North of 60th Street N, South of 100th Lane N/94th Street N, West of Grapeview Boulevard, East of 190th Street N/180th Street N)
  7. (R8 on map) Representative from Proposed Unit 20, Tall Pines and the Western Non-activated areas (North of 60th Street N and West of 180th Street North)
  8. (R9 on map) Representative from Units 6, 12, 21 and 22 and NonActivated Areas (South of 50th Street N, West of 162nd Drive N and East of L-8 Canal excluding White Fences, Deer Run and Fox Trail)
  9. (R10 on map) Representative from GL Homes (Advisory or Voting?)
  10. At-Large Representative – District-wide
  11. At-Large Representative with a background in planning, public
  12. administration or finance executive
  13. At-Large Representative with a background in public safety executive

The committee staff support (non-voting) could consist of the following:

  • Lead Legal Counsel – Charles Schoech; Caldwell Pacetti
  • Support Legal Counsel – Mary Viator, Frank Palen & Betsy Burden; Caldwell Pacetti
  • Executive Director
  • District Engineer
  • Assistant Executive Director/Chief Construction Officer
  • Chief Financial Officer
  • Chief Human Resources Officer
  • Chief Operations Officer
  • Parks & Recreation Director

Some examples for consideration:

  • The Committee should meet at least once-a-week until the group sets up the schedule.
  • Each Member cannot miss more than two (2) meetings in a row or will be replaced.
  • The Committee will abide by Florida Sunshine Law and not speak with other Members of the Committee
  • The Committee should not be the ultimate authority to decide whether to move forward with the incorporation or to support or oppose it. Theoretically, that decision should ultimately be vested in the voters.
  • Subject matter experts should come to speak and offer input on different aspects of municipal operations, planning, governmental structure.
  • Getting input to suggest the name of the municipality.
  • Serve as ambassadors to the public to answer questions relating to incorporation process, charter, etc. Each Committee Member has the sole right to support or oppose it on his or her own opinion, but it should be explained that his or her opinion does not reflect the Committee collectively or the Board of Supervisors.

Please see the map to show the proposed areas of representation:

Northlake Bayhill Update

Stoplight feud yields peaceful accord – OnGardenshttps://ongardens.org/2021/05/19/bay-hill-estates-stoplight-feud-yields-peaceful-accord/

The above article is the latest update on the Intersection light at Northlake and Bayhill. Below is an excerpt:

“After disputing the need for the stoplight since at least 2019, the county caved on May 12. It agreed with City Attorney Max Lohman’s position that the county had ceded authority over the signal to the city in a 2016 agreement allowing the Ancient Tree community.

“We are constrained to follow” the 2016 agreement “which inadvertently” gave the city control, the letter from County Engineer David Ricks said. 

The county would move forward assuming the city met four conditions, all of which are part of the agreement Ferris sent Tuesday to the county. Once that agreement is final, Ferris asked that the county grant permits for the stoplight within 10 days.

Among the conditions: the city, as planned, pays for the stoplight installation; the city grants the county authority over all signals on county-maintained thoroughfares; and the county operates the  signal, which gives it final say over how often the light changes.

The cost will be about $550,000, paid with road impact fees collected from developers. The developers of Ancient Tree are scheduled to pay $288,000 in those fees.”

Hall and Northlake Intersection

On May 10th, I posted this on Facebook, I will post an update shortly as to what has transpired since.

“There have been countless accidents at the intersection of Hall and Northlake which has included deaths and serious injuries. Since 2009, this has been a concern of our community. Our community has made numerous calls, emails, petitions and requests to the County to install an intersection light at that intersection. Indian Trail has done everything it can to improve the approaches at these intersections including the addition of flashing LED stop signs. Our requests have been repeatedly denied as it is the County’s opinion that it does not meet the warrants set out by FDOT. We disagree. How many lives have to be lost or seriously changed to make it warranted? Oh we met those. When the County requested a permit for the widening of Northlake from ITID, we added a condition to put a flashing red light at Hall and Northlake and the County refused even this simple request.

A light at Bayhill should not be granted until it is warranted OR not until the road widening of Northlake has been completed from Seminole Pratt to Coconut, as well as the connection of SR7 to Northlake, and the safety issues for our residents at Hall and Northlake addressed. Otherwise, the safety of our residents as well as their quality of life continues to not matter while high density development takes precedence over us.

INDIAN TRAIL RESIDENTS MUST HAVE A VOICE AND MATTER TOO! “

Read the Story here about Palm Beach Garden’s request for a light at Bayhill https://ongardens.org/2021/05/10/abuse-of-power-gardens-ready-to-sue-county-over-bay-hill-stoplight/?fbclid=IwAR1NhO827JM2Vjb_xpGxVXM38JAOuoKo3jocYQZo9fTLHcwotqsZz8syEOs

CLF Update – Medical Use Residential Facilities

Below is a link to the update on schedule, documents and proposed amendments which will have first reading at the Board of County Commissioners meeting on May 27, 2021. It is scheduled to be adopted at the Board of County Commissioners meeting on June 24, 2021. https://discover.pbcgov.org/pzb/zoning/AdminNewsReleases/Medical_Use_Community_Residential_Housing.pdf

If you would like to provide feedback to the County, you can contact Jon MacGillis, Zoning Director at 561-233-5234 or Wendy Hernandez, Deputy Zoning Director at 561-233-5218 or our District 6 County Commissioner, Melissa McKinlay at mmckinlay@pbcgov.org



SWA – Solid Waste Authority Contract

Indian Trail hosted a meeting on February 10, 2021 where the SWA representatives and Commissioner McKinlay attended to discuss the current waste contract, review service options as well as to answer resident questions and concerns. The meeting was the direct result of a community petition that was submitted to SWA Board, as well as to the Board of County Commissioners. There were some technical difficulties during the meeting with audio, so the meeting video is not helpful to review what was presented. There were a handful of residents who attended in person and another handful that attended via Zoom. To review the presentation, see the slide show below. To download the .pdf presentation see the link

Click to access SWA-Service-Options.pdf

  • Solid Waste Authority
  • Page 1
  • Page 2 – Collection Authority
  • Page 3 – Collection History
  • Page 4 – 6 Cubic Yard Limit
  • Page 5 – Service Guideline Facts
  • Page 6 – Program Procedures
  • Page 7 – Reasons for Pile not being picked up
  • Page 8 – Services Summary
  • Page 9 – Program to Date
  • Page 10 – Higher Level Service Potential Options
  • Page 11 – Provide Higher Vegetation Collection
  • Page 12 – Recent Bid Results
  • Page 13 – Conduct a New Generation Study
  • Page 14 – Effects
  • Page 15 – Track Volume Placed at each home
  • Page 16 – Review
  • Page 17 – Effects
  • Page 18 – Final Thoughts
  • Page 19 – Final Thoughts continued
  • Page 20 – Contact Customer Service

On March 10, 2021, SWA sent a letter to all residents which is below as well as sent a brochure with it with tips for trash and debris pick up. To review see the slideshow below. To download the pdf’s, see the links.

https://www.bettyargue.com/wp-content/uploads/2021/03/2021-02-acreage-loxahatchee-cover-letter-from-ITID-meeting.FINAL_.pdf

https://www.bettyargue.com/wp-content/uploads/2021/03/2021-CIS-Curbside-Collection-Brochure-FINAL-3_2_21_202103091630091161.pdf

For those who want a more detailed analysis of the services contract and other options that were discussed, you can read this memo to Commissioner McKinlay from SWA Director. https://www.bettyargue.com/wp-content/uploads/2021/03/Acreage-Service-Options-1-7-2021.pdf

Important note: If your debris pile meets the requirements and has been skipped, please report it immediately. If the service provider has skipped the pick-up, they will be required to pick it up within 48 business hours. Otherwise, they will be fined according to their contract. Leaving it and adding to it the following week doesn’t give you the double allotment and could put you in a situation where now you don’t comply with the maximum 6cy – 1 pile requirement. If you have any questions or concerns, you should always call SWA customer service at 561-697-2700.

You can also document by filling out the contact form https://www.swa.org/FormCenter/Customer-Service-4/Contact-Customer-Services-48

or by sending an email to ContactCIS@SWA.org

To learn more about Solid Waste Authority, this is their website https://www.swa.org/

Holiday Parade and Acreage Community Park South Grand Opening

NOTE: HOLIDAY PARADE AND GRAND OPENING OF ACREAGE COMMUNITY PARK SOUTH is Saturday, DECEMBER 5th, 2020.

I hope you all are working on your parade ideas and are as excited about the Holiday Parade as I am. The link below has the information for the ITID Holiday Parade. Please go to the link https://www.indiantrail.com/…/rental-informa…/holiday-parade to register by December 3rd, if you plan to participate in the parade, so that staff can plan accordingly. All vehicles and horses (must be spook proof) welcome for the parade.

This year the parade will begin at Citrus Grove Park. Check-in is at 2 pm, at Citrus Grove Park (Citrus Grove and Avocado) for line-up. The Parade will leave at 3:15 pm. It will go West on Citrus Grove Blvd. and then South at 140th Avenue to Acreage Community Park, for those that don’t want to be in the parade but want to watch along the road.

****Volunteers are welcome and appreciated to assist with the parade line-up at the Citrus Grove Park. Please contact Jack Yxera @jyerxa@indiantrail.com or call at 561-793-0874. For students, volunteer hours will be given***

Following the Holiday Parade, we will be having the ribbon cutting of the Acreage Community Park South. There will be a flag ceremony and dedication to Veterans, ribbon cuttings for the Amphitheatre, Playground and the Garden of Hope memorial garden. We are planning a socially distanced event there that will include pictures with Santa (socially distanced), kids train ride, goodie bags for children, food trucks, and a Live Band H20 (a Hall and Oates cover band).

Please bring a new unwrapped toy to donate at Acreage Community Park, if you can. Helping Hearts will be present for toy donations for the Christmas Toy Drive for our community members in need. The Acreage Landowners Association will also be present with information on the Holiday Home Decorating Contest. They will also be handing out masks donated by local Acreage resident Michael Erickson of New Norm Live.

***Masks, social distancing and hand sanitizer are highly recommended. While the District will have hand sanitizers throughout the South Park, please bring your own.***

I am looking forward to seeing all of your fabulous decorating ideas for the parade and in participating in the Grand Opening of this long awaited South Park expansion, as well as our first live band event at the new amphitheater. If this event is a successful socially distanced event, we can bring more events to our community in the near future.

Please add whether you are attending the Grand Opening event, on this link https://www.facebook.com/events/701557040781968/

Proportionate Share

So let’s talk about Infrastructure and proportionate share agreements since many people bring up “why weren’t the roads built in the first place for these new developments”.

The State legislature gutted growth management laws under Governor Rick Scott. Prior to the gutting, developers were required to build the infrastructure needed. This included roads, schools and parks. For roads, if the capacity did not exist for the traffic that would be generated by the project, the developer was required to build them or improve them (widen) to create the capacity prior to the development or as part of the development. It was 100% the responsibility of the developer. Impact fees were still required to be paid for impact on existing infrastructure.

After growth management laws were gutted and the State agencies that oversaw growth were pretty much rendered powerless, the State put in place a proportionate share requirement. This meant that developers were only required to pay for the proportionate share of traffic on road improvements needed.

For example, let’s say for numbers sake, a single lane of traffic can handle 1000 cars per day and currently has 700 cars on it per day from existing development. The development project is projected to put another 700 cars on that road. Therefore, the road needs to be widened by an additional lane to accommodate the additional 400 cars, the developer is only required to pay the proportionate share of the cost of improvement being 40% in this case. The additional 60% would have be paid for by the County or Municipality. The shortfall now has to be paid out of gas tax dollars or other revenue sources to the County or Municipality such as your tax dollars. In effect, this can raise your taxes to build the infrastructure for private development that you may or may not have wanted in the first place.

Now also keep in mind, the County can and has had policies (I am not sure if they are still in place), that give additional credits to the developer to incentivize development. This was necessary perhaps when the economy crashed. It doesn’t exist today as construction and new home building in Palm Beach County is through the roof in addition to the fact that they are running out of developable land. However, these credits created an additional shortfall that ultimately falls on the shoulders of the taxpayer and not the developer.

Now let’s add further insult to injury, the County allows some of this development traffic to be put on “non-County” roads, thus increasing the impact to the taxpayers in that community and reducing the proportionate share of traffic on the County roads reducing the developers proportionate share amount to be paid to the County for improvements needed to accommodate their development.

In the law suit filed by SID and Minto, they are asserting not only do they not need a permit to connect outside their development to Indian Trail but they also don’t need to pay for it. They also assert that our roads are public. We dispute these assertions.

I assert that not only is our community having to pay for the shortfall created by development for improvements to County roads, but if the connection from Minto’s development to our roads that have been built and maintained by our tax assessments (no gas taxes) and which they have no rights to, we also have to pay 100% of the improvements and maintenance of that traffic in perpetuity for development traffic via our Indian Trail assessments.

Now I ask you, if I build a driveway and allow my neighbor to use it to get to his property occasionally and then he decides to build an apartment building on that property. He builds his apartment building and his traffic is diverted to my driveway. When I tell him he can’t do that. He then asserts that not only does he NOT need my permission, but also doesn’t have to pay for the use and any improvements to it and that he can do whatever he wants and may also add another apartment building, what would be your response? Also, what about the impact on your lifestyle, safety and investment in your property as result of his profiting using my driveway?

I also ask you how is this any different than what Minto is attempting to do with their connections to Indian Trails road infrastructure?

So while I understand and I am listening to all of the concerns being expressed, I also urge you to seek to understand the above and answer those questions honestly.