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HomeMy WebLinkAboutDocumentation_Regular_Tab 05F_12/13/1990VILLAGE 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 R T I N G N s' a U N O V E M B E R 8, 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, November 8, 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, Edward Howell and William Burckart. Village Manager, Thomas G. Bradford, Wendy Harrison, Assistant to Village Manager, Department Heads and Village Attorney, John C. Randolph were 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 Councilmember Collings asked that Item IX (A) Resolution No. 4-90/91 Approving Ballot Language for Referendum be heard right after the Public Hearing items. Councilmember Burckart moved that the Agenda be approved as amended. Councilmember Howell seconded the motion. The vote was: Mayor Capretta - for Vice Mayor Mackail - for Earl Collings - for William Burckart - for Edward Howell - for the motion was therefore passed and the Agenda was approved as amended. Recycled Paper No Text Village Council Workshop Meeting Minutes November 8, 1990 Page 2 ------------------------------- IV. PUBLIC HEARING A) Proposed ?omprenensi4e Pia.i Lmendments Pure;Aant to -':he Stipulated Settlement Agreement with the Department of Community Affairs. 1) Review and Discussion of Proposed Comprehensive Plan Amendments. Scott Ladd explained that this was a culmination of the stipulated agreement effort to comply with the items of the Comprehensive Plan that the DCA found not to be in compliance. The Village Attorney and various Department Heads have put together those remedies to the Plan. This is the final effort to transmit those amendments to the DCA. The amendments were presented to Council. Attorney Randolph explained that if these amendments are not acceptable, there would be a hearing before a Hearing Officer. This issue is in litigation; the DCA has filed suit against Tequesta to cause the Village to come into compliance with the State Statute and Chapter 163. If some sort of negotiated settlement is not reached, the issue would be taken to a Hearing Officer, who would make a determination as to who is right or wrong, then a recommendation would be made back to the State. These amendments are an attempt to come to a compromise of that which is proposed and that which was asked for. Vice Mayor Mackail asked of the proposed Plan is attainable. Mr. Ladd answered that it was attainable. The goals are not unrealistic. Councilmember Burckart asked if it would be possible to change the requirement of eco-site property changed from five acres to six acres. Scott Ladd explained the 5-acre recommendation tracks the environmentally sensitive lands ordinance of the Village, as well as tracking what most other communities are doing in regard to that subject matter. I Village Council Workshop Meeting Minutes November 8, 1990 Page 3 ------------------------------- Mayor Capretta asked what the impact would be if the Village did not meet the 175gpd per capita water usage requirement. T .m Hall answered that furthei,� _.ould be placed on the Village. However, presently the Village does meet that; usage is present 165gpd. This requirement does not apply to Tequesta water users outside the Village limits. William Shannon, representative for St. Jude's Church, renewed the Church's general objection to the Master Plan and the increase of environmentally sensitive lands from five acres to six acres. 2) Resolution No. 3-90/91 - Approving the Transmittal of the Comprehensive Plan Amendments Pursuant to the Stipulated Settlement Agreement with the Department of Community Affairs. Attorney Randolph read Resolution No. 3-90/91. Vice Mayor Mackail moved to approve Resolution No. 3-90/91. Councilmember Collings seconded the motion. The vote was: Mayor Capretta - for Vice Mayor Mackail - for Earl Collings - for William Burckart - for Edward Howell - for the motion was therefore passed and adopted. V. CONSENT AGENDA All items listed with an asterisk (*) are considered routine and will be enacted by one motion. Village Council Workshop Meeting Minutes November 8, 1990 Page 4 ------------------------------- VI. APPROVAL OF MINUTES AND REPORTS *A) Community Arp�. aran,::a .`-re and Meeting, Sep,.;-,;nbee 9, 1990. *B) Village Council Meeting, October 25, 1990. *C) Village Manager's Report, October 22 - November 2, 1990. Vice Mayor Mackail moved to approve the Consent Agenda as submitted. Councilmember Burckart seconded the motion. The vote was: Mayor Capretta - for vice Mayor Mackail - for Earl Collings - for William Burckart - for Edward Howell - for the motion was therefore passed and adopted. I%. NEW BUSINESS A) Resolution No. 4-90/91 - Approving the Ballot Language for the January 15, 1991 Referendum on Public Safety. Attorney Randolph read Referendum 4-90/91. Councilmember Collings asked if the term "straw vote" is used to underscore the fact that this Resolution is merely a directive and not a mandate. Attorney Randolph stated that was correct, and that it was his understanding, from the beginning, that a "straw vote" is what was proposed. It was his understanding that this was an advisory question to the Village council. Some members of the public in attendance objected vehemently that this was merely a "straw vote" and not necessarily binding for the Council. No Text Village Council Workshop Meeting Minutes November 8, 1990 Page 5 ------------------------------- Attorney Randolph pointed out that even if a Petition For Referendum had been put on the ballot, that would merely place aj— ordinance up for a vote. That rui dinai,ce, even if passed with a mandated Referendum, would be subject to change or repeal at any time in the future. If the electorate wanted to amend the Charter, then Council could not by itself amend that Charter without again going to Referendum. In order to make this Resolution a mandate, an ordinance would have to be proposed to amend the Charter, and submit that to the electorate. The Council would be bound if the electorate amended the Charter. Council did not feel they would want to make a decision that would bind future Councils. Dottie Campbell stated she had a specific problem with the word "current" in the Straw Ballot Question. She suggested that current be deleted. Another citizen stated she would suggest that the word "modify" be replaced with the word 'change'. Kevin Larkin questioned Council as to what their position would be if the majority of the vote was against Public Safety. o Councilmember Burckart stated he would not vote for Public Safety if there was an overwhelming vote against it, but later clarified that he would vote to do what was best for Tequesta. o Councilmember Howell concurred with Councilmember Burckart; o Councilmember Collings stated he would vote according to what he felt was best for Tequesta; o Vice Mayor Mackail stated he would make his decision based on the Referendum, but did not feel obligated to tell anyone how he would vote. He stated he did feel it was good for the Village to have options concerning Public Safety; o Mayor Capretta stated he would not implement Public Safety if the strong vote was against it, but added that he might not implement Public Safety if the vote was for it. He would only implement Public Safety when the time was right for Tequesta. Village Council Workshop Meeting Minutes November 8, 1990 Page 6 ------------------------------- Vice Mayor Mackail moved to approve Resolution 4-90/91 subject to the following revisions: o Remove the word "current"; and o Replacing the word "modify" with the word 'changer. Councilmember Collings seconded the motion. The vote was: Mayor Capretta - for vice Mayor Mackail - for Earl Collings - for William Burckart - for Edward Howell - for the motion was therefore passed and adopted. Councilmember Collings left the meeting at 8:30 p.m. VII. DEVELOPMENT MATTERS A) Palm Beach County Staff Report Relative to Status of the North County (Tequesta) Library Site. Audrey Wolf, representative for the County Library System Expansion Program, read a letter the County presented to the Village Council, summarizing the County's position on this issue. Mayor Capretta stated that Councilmember Collings had voiced a preference for the Old Dire Highway site for the proposed Library. Councilmember Howell stated that perhaps the alternate site off Tequesta Drive was a better location. Vice Mayor Mackail stated that though safety is an important factor, he felt it was also important to keep an eye on future needs of the Village. Numerous citizens in attendance leaned strongly towards the Tequesta Drive site for reasons of safety and easy access. Ms. Wolf reminded Council that the Tequesta Drive site is approximately three acres, of which the Library would take a little less than an acre, leaving room for other facilities. Village Council Workshop meeting Minutes November 8, 1990 Page 7 ------------------------------- Village Manager Bradford asked if there was a possibility of designating, on the physical building of the proposed Library, ';_he words 70Tequesta Library" (jppused to North County Library. Ms. Wolf stated it would probably say "Tequesta Branch Library"; however, there would have to be some indication that it was a County facility. Village Manager Bradford asked that if Council decided to pursue a lease for the Village land for the Library, would the County be amenable to reimbursing the Village's expenses incurred in modifying the Master Plan for another Library location this past summer. Ms. Wolf answered that the County would probably be willing to reimburse the Village for those expenses in modifying the Master Plan. Mayor Capretta suggested that with one Councilmember missing, and the danger of a 2-2 vote, he would suggest holding this issue for a vote at the next Council meeting, which would also allow the staff time to do a facilities study. Council concurred. B) Consideration of Combined Preliminary and Final Plat Review for the Proposed Three (3) Lot "Noit Gedacht" Subdivision. Gordon Ripma, in representation of "Noit Gedacht" Subdivision, and Mr. and Mrs. Richard DeWitt, stated he was here for the Final Plat Review of the subdivision. All other requirements have been met. Cheryl 4r_orato requested a postponement of approval pending legal and criminal investigations taking place regarding the above -referenced property. Scott Ladd explained there was an on -going investigation having to do with an extension of a wall, which really has nothing to do with Noit Gedacht's Preliminary and Final Plat Review. It has to do with a permit that was issued in conjunction with the DeWitt house being built, to raise up the wall, which got extended into property that does not belong to Mr. DeWitt nor Noit Gedacht. Greg Spencer added that a police report had been taken in reference to dismantling a dock at this location, and it is a civil matter, not a criminal matter. The legal owner of the dock has not yet been established. No Text Village Council Workshop Meeting Minutes November 8, 1990 Page 8 ------------------------------- A resident of Shady Lane explained there is 21 feet of seawall owned by Shady Lane and Bayview Homeowners Association in a r creation area. '.11he seawall was kr.Jcked down, as t!--Il as the dock pilings being removed, without the permission of the HOA. The local residents feel the developers of Noit Gedacht are responsible, though nothing yet has been proven. Councilmember Howell moved to table this issue until the next Council meeting. Vice Mayor Mackail seconded the motion. The vote was: Mayor Capretta - for Vice Mayor Mackail - for William Burckart - for Edward Howell - for the motion was therefore passed and adopted. VIII. COMMUNICATIONS FROM CITIZENS Marion Taylor, 384 Tequesta Drive, explained to Council that she wanted to do an expansion to her office, paid an architect to create the drawings which were approved by the Community Appearance Board, only to find that the renovation triggered Landscape Ordinance No. 377. This Ordinance would require the property owner to spend thousands of dollars in the upgrading of the landscaping to the property, and therefore the renovation was denied by the property owner. Marion Taylor felt this created an undue hardship and asked what could be done. Scott Ladd explained that any waiver of Ordinance No. 377 would be the responsibility of Council and the procedure would be that owner of the property would have to appear before Council to request any changes regarding Ordinance 377. Due process would have to take place and undue hardship would have to be shown. Betty Nagy stated that she felt both sides of the Public Safety issue should be presented in the Village Newsletter. Village Council Workshop Meeting Minutes November 8, 1990 Page 9 ------------------------------- I%. NEW BUSINESS A) nesolutban No. 4-90/91 - ippr .ving the Ballot Language for the January 15, 1991 Referendum on Public Safety. This item was heard previously on the Agenda right after item VI. B) Village Council Direction Relative to Reappointment and/or New Appointments to the Board of Adjustment. Mr. Bradford explained that Mr. Reddecliff, Vice Chairman of the Board of Adjustment, has resigned, effective October 29, due to an employment obligation. The term of James Van Wagner, a regular member of the Board, expires on December 31, 1990. Newly appointed regular member Edwin Nelson has indicated that he would be willing to be considered as an alternate member to the Board in order to allow those who are already alternate members to move up to a regular member position. Direction by Council is needed for these three positions. Much discussion took place as to appointing members who are from varied geographic locations in the Village. Mr. Bradford pointed out that the alternates on this Board serve often. Councilmember Howell moved to appoint Al DeMott as a regular member of the Zoning Board of Adjustment filling the unexpired term of Mr. Reddecliff. Vice Mayor Mackail seconded the motion. The vote was: Mayor Capretta = fvr Vice Mayor Mackail - for William Burckart - for Edward Howell - for the motion was therefore passed and adopted. No Text Village Council Workshop Meeting Minute.3 November 8, 1990 Page 10 ------------------------------- Vice Mayor Mackail moved to appoint Edwin Nelson as an alternate member of the Zoning Board of Adjustment. Councilmember How,211 seconded the cation. The vote was: Mayor Capretta - for Vice Mayor Mackail - for William Burckart - for Edward Howell - for the motion was therefore passed and adopted. Councilmember Howell moved to appoint Kenneth Northamer as a regular member of the Zoning Board of Adjustment filling the unexpired term of Ed Nelson. Vice Mayor Mackail seconded the motion. The vote was: Mayor Capretta - for Vice Mayor Mackail - for William Burckart - for Edward Howell - for the motion was therefore passed and adopted. Council advised Mr. Bradford to seek applicants to fill Mr. Van Wagner's chair when his term expires. C) Authorization to Purchase Two (2) Replacement Vehicles for the Police Department. Vice Mavor Mackail moved to approve the purchase of two (2) replacement vehicles for the Police Department. Councilmember Burckart seconded the motion. The vote was: Mayor Capretta - for Vice Mayor Mackail - for William Burckart - for Edward Howell - for the motion was therefore passed and adopted. Councilmember Burckart suggested that items of this sort that have already been discussed and only need a vote, in the future be placed on the Consent Agenda. Council concurred. No Text Village Council Workshop Meeting Minutes November 8, 1990 Page 11 ------------------------------- D) Village Council Direction Regarding Proposal to Remove Water Department Elevated Storage Tank. Mr. Bradford recommended that this tank be sold to Utility Service of Perry, Georgia, who have expressed an interest in purchasing this tank from Tequesta. Councilmember Burckart moved to approve the removal of the Water Department elevated storage tank and sell it to Utility Service of Perry, Georgia. Vice Mayor Mackail seconded the motion. The vote was: Mayor Capretta - for Vice Mayor Mackail - for William Burckart - for Edward Howell - for the motion was therefore passed and adopted. X. UNFINISHED BUSINESS A) Ordinance No. 416 - Second Reading - Amending Definitions, Organization, Applicability, Enforcement Procedure, Conduct of Hearing, Fines and Liens, and Appeals, all Relating to the Tequesta Code Enforcement Board. Attorney Randolph gave the Second Reading of Ordinance No. 416 by Title. Vice Mayor Mackail moved to approve the Second Reading of Ordinance No. 416. Councilmember Burckart seconded the motion. The vote was: Mayor Capretta - for Vice Mayor Mackail - for William Burckart - for Edward Howell - for the motion was therefore passed and adopted. No Text Village Council Workshop Meeting Minutes November 8, 1990 Page 12 ------------------------------- ZI. ANY OTHER MATTERS There were no other matters before the Council. %I. ADJOURNMENT Vice Mayor Mackail moved to adjourn the meeting. Councilmember Burckart seconded the motion. The vote was: Vice Mayor Mackail - for Mayor Capretta - for William Burckart - for Edward Howell - for the motion was therefore passed and adopted and the meeting was adjourned at 9:45 P.M. Respectfully submitted, Fran Bitters Recording Secretary ATTEST: Bill C. Kascavelis Finance Director/Village Clerk DATE APPROVED: M