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HomeMy WebLinkAboutDocumentation_Regular_Tab 5C_7/12/19903-e.... 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 J U N E 2 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, June 28, 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. Councilmembers present were: Mayor Joseph N. Capretta, Earl L. Collings, Edward Howell, William Burckart and Vice -Mayor Ron T. Mackail. Village Officials present were: Bill C. Kascavelis, Finance Director, Wendy Harrison, Assistant to Village Manager (Acting Village Manager), and Department Heads. Village Manager Thomas G. Bradford was on vacation. Also present was Village Attorney, John C. Randolph. II. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Earl L. Collings gave the Invocation and led those in attendance to the Pledge of Allegiance to the American Flag. III. APPROVAL OF AGENDA o Mayor Caparetta stated he would like to discuss under Any Other Matters, the volume of tickets being given to violators of the Tequesta water restrictions. Councilmember Burckart moved to approve the Agenda as amended. Councilmember Collings seconded the motion. The vote on the motion was: Mayor Capretta - for Edward Howell for Earl Collings - for William Burckart - for Vice Mayor Mackail - for the motion was therefore passed and the Agenda was approved.as amended. 0 Village Council Meeting Minutes June 28, 1990 Page 2 ------------------------ IV. VI. CONSENT AGENDA All items listed with an asterisk (*) are considered routine and will be enacted by one motion. APPROVAL OF MINUTES AND REPORTS *A) Community Appearance Board Meeting; May 16, 1990. *B) Community Appearance Board Meeting; May 23, 1990. *C) Community Appearance Board Meeting; May 30, 1990. *D) Village Council Workshop Meeting; June 11, 1990. *E) Village Council Meeting; June 14, 1990. *F) Village Manager's Report; June 11 - June 22, 1990. Councilmember Collings moved to approve the Consent Agenda as submitted, with the exception of Item *E) Village Council Meeting of June 14, 1990. Councilmember Burckart seconded the motion. The vote on the motion was: Mayor Capretta - for Edward Howell for Earl Collings - for William Burckart - for Vice Mayor Mackail - for the motion was therefore passed and adopted. Councilmember Collings cited a letter from Attorney Guy Held, dated June 26, 1990, calling attention to the fact that Mr. Held's comments at the June 14 Council Meeting were not summarized. Councilmember Collings felt the complaint was with merit, and Mr. Held's comments should be added, with the provision that Mr. Held approve the corrected Minutes. Wendy Harrison informed Council that the purpose of the Minutes is to record actions of the Council, and since no action was taken on Mr. Held's recommendation, they were threfore not recorded. Village Council Meeting Minutes June 28, 1990 Page 3 ------------------------ Councilmember Collings moved that the June 14 Village Council Meeting Minutes be approved with the inclusion of the essence of Mr. Held's comments, with Mr. Held's approval. Councilmember Burckart seconded the motion. The vote on the motion was: Mayor Capretta Edward Howell Earl Collings William Burckart Vice Mayor Mackail - for for - for - for - for the motion was therefore passed and adopted. VI. COMMUNICATIONS FROM CITIZENS Since all citizens who signed up to speak wanted to address either Item VII A) or VIII A), their comments taken under those Items. VIII. DEVELOPMENT MATTERS A) Application for Re -subdivision (Re -Plat) of Lot 8, Block 2, Country Club Point pursuant to Village Subdivision Review Procedures. JARA, Inc. TIM GOLDSBURY, President, Country Club Point Homeowners Association, stated that he had learned from numerous sources that Attorney Kolins had repeatedly threatened the Village of Tequesta with lawsuit unless his demands were met, as well a threat of legal action against each individual of the Council, and that cases were cited where cities and towns were sued for opposing a Developer, and large rewards were made. Mr. Goldsbury felt those citings were not related to the JARA, Inc. case. He further stated that taxpayers in the Country Club Point area were willing to meet Kolins threat to sue the Village, even if independent legal counsel would be required to defend the peoples' position. The Comprehensive Zoning Ordinance of Tequesta speaks clearly on the purpose of R-1 and R-lA districts. Its intent includes smaller and larger lots. He stated it is the hope of the Country Club Point residents that this Council will not be the first to re -subdivide to create a new development within an existing development. Village Council Meeting Minutes June 28, 1990 Page 4 ------------------------ Councilmember Collings stated that according to Mr. Held's comments at the last Village Council meeting, and his letter to the Village Manager, it was his interpretation that the application had been turned down by a 2-2 vote three meetings ago, and he felt a response should be given to Mr. Held's position. Mayor Capretta reminded Mr. Collings that a response had been given at the time of Mr. Held's recommendation. Village Attorney Randolph reiterated that Mr. Held's challenge was incorrect, and the JARA, Inc. application was still pending before Council. Ron Kolins, Moyle, Flanigan, Katz, Fitzgerald & Sheehan, P.A., Attorney for applicant, stated the subject of JARA, Inc.'s application did not need to be re -hashed, and respectfully requested that the application be granted as is required by law, by code, and by right. In response to Mr. Goldbury's remarks, Attorney Kolins said he felt greatly disappointed, and contended that those remarks were incorrect, that he had not been threatening everyone with legal action, and felt that this characterization of his conduct was incorrect. Guy Held, Attorney, representing owner of Lot 9, just south of JARA, Inc.'s Lot 8, made two points: 1) at the May 10 Council meeting, the JARA, Inc. application was acted upon and denied by Council with a tie vote which constitutes a denial or rejection of the application. Mr. Held cited several cases where a tie vote constituted a denial; and 2) the Village Comprehensive Plan was found not to be in compliance with the Local Government Comprehensive Planning and Land Development Regulations Act. Mr. Held contended that Section 163.3161, Subsection 5 of the Act prohibited granting the JARA, Inc. application. Mayor Capretta recapped the case: The first time this subject was on the Agenda, Council attempted to re-route the case to the Zoning Board of Adjustment. Village Attorney Randolph informed Council that no variance was required; therefore, it was before the right body. Then, measuring of the lot was a matter of discussion, which resulted in clarification of the Ordinance. There is no other way to measure on a cul-de-sac except by going back 25' from the setback line. A discussion also took place regarding a subdivision within a subdivision, and the result is that this case is a "lot split", not the creation of a subdivision within a subdivision. There was discussion regarding the 2-2 vote at the May 10 meeting, and the Village Attorney informed Council that a 2-2 vote means no action was taken, and therefore the application is still pending. Village Council Meeting Minutes June 28, 1990 Page 5 ------------------------ Vice-Mayor Mackail moved to approve the Lot 8, Block 2, Country Club Point. seconded the motion. (No vote was taken) JARA, Inc. application for Councilmember Burckart Councilmember Burckart stated the Agenda called this a "re -plat" and the application called it a "subdivision" and asked for clarification. Attorney Randolph responded that there was no change in the original application, and the word "re -plat" was used simply for clarification of what is being done and dissuades any impressions that this is a subdivision within a subdivision. Vice -Mayor Mackail clarified his motion, making it more clear for the Council: He moved to approve the original application of JARA, Inc. for the Sketch Plan Review of Lot 8, Block 2, Country Club Point. (There was no second to the motion). Councilmember Burckart asked if the conditions stated previously by Village Manager Bradford in a prior meeting were still to be made part of the application (i.e., JARA, Inc. would continue to be part of the Country Club Point Homeowners Association, and participate in the parks and recreation impact fees). Attorney Randolph informed Council that if any conditions were to be made at all, they would have to be included as part of this motion. Vice -Mayor Mackail re -stated the motion again to approve the original application of the Sketch Plan Review of JARA, Inc. for Lot 8, Block 2, Country Club Point; that JARA, Inc. will become a part of the existing Homeowners Association of Country Club Point and obey the Deed Restrictions and Covenants presently existing, and any impact fees will also be provided for. Councilmember Burckart seconded the motion. (There was no vote). Attorney Kolins stated that though the applicant was willing to subject himself to covenants which existed when his application was made, he would NOT be willing to subject himself to covenants and restrictions that do not presently exist. He indicated that it would be unfair to subject the applicant to discretionary frustrations of covenants not of record. Village Counci June 28, 1990 Page 6 -------------- Ain" /. �p/�r+►v� Lc �f a- Counci h a s a ?. //Olft/f L j. that clarif alive, 2-2 v matter denied carrie voted partic. before Council. �e'iY JRR/v . ` )uncil could vote on a motion it fit' MY�i, all evidence he hears because of turned down. Attorney Randolph cause the matter has been kept meeting to meeting, there was a smissal action with it. If the s� 1 again, then it would have been e, the matter was discussed and and at the last meeting Council Agenda for consideration at this ;is, the matter is still pending Vice -Mayor again re -stated the motion to approve the original application of the Sketch Plan Review of JARA, Inc. for Lot 8, Block 2, of Country Club Point, and that applicant will abide by the provisions that were applicable at the time applicant first came before the Village Council .0 .uuncilmember Burckart seconded the motion. The vote on the motion was: ti Mayor Capretta - for V P pr, G 241 Edward Howell William Burckart Vice Mayor Mackail for for for the motion was therefore passed and adopted. Councilmember Collings disqualified himself from voting because he resides across the street from the property in question and would not want to be considered as having a tainted viewpoint. Mayor Capretta felt it would be proper for Councilmember Collings to file a form stating his disqualification. B) Consideration of Request to Release Lands Dedicated to the Village by Warranty Deed. Mark Pantlin, PLM Management, Inc. Wendy Harrison stated that Mr. Pantlin had informed Village Staff he would be in attendance at this meeting, but since he was not present, it was suggested this item be postponed to the last item of business. Village Council Meeting Minutes June 28, 1990 Page 7 ------------------------ Vice-Mayor Mackail moved to postpone this item until all other business had been transacted in order to allow time for Mr. Pantlin's arrival. Councilmember Burckart seconded the motion. The vote on the motion was: Mayor Capretta Edward Howell Earl Collings William Burckart Vice Mayor Mackail - for for - for - for - for the motion was therefore passed and adopted. VIII. NEW BUSINESS A) Ordinance No. 409 - First Reading - Providing for a Twenty - Five Percent (25%) Surcharge on Water Services to residents of unincorporated Palm Beach County and all residents of Martin County. FRANCES GIBBONS, of Indian Hills, Martin County, requested that Odinance No. 409 be tabled until July 12, 1990 Council meeting for the following reasons: o To provide a reasonable period of time for concerned recipients in the Tequesta water district to be notified, and to review and respond to the proposed amendment, Section 18-5 of the Village Code of Ordinances; o To clarify and/or correct the Ordinance; - surcharge cannot be imposed on all residents of Martin County, only those who receive Tequesta water; - whether the 25% surcharge is a one-time charge or to define an applicable period of time - Is the 25% surchage inclusive of the 8% surcharge already imposed for this year. o To clarify the Ordinance entitlement to show that the proposed Ordinance also provides for quantity rate charges referred to in Section 5 of the document. o To define the new quantity rate changes to be effective September 1, 1990 in the body of said Ordinance; o To provide a reasonable timeframe for the appropriate Village Management or Water Department Staff to present to Council and the concerned residents of the Tequesta water district supportive data necessitating the Ordinance, particularly paragaphs 1, 2, and 3 Sections lA and 1B, Section 2, and Section 5 applicable to quantity rates. Village Council Meeting Minutes June 28, 1990 Page 8 ------------------------ MICKEY McROBERTS, Indian Hills, Martin County, requested that Ordinance No. 409 be tabled until the next Council meeting. He was concerned regarding implications of possible discrimination and the apparent lack of effort put forth in informing any of the effected recipients, many of whom are out of the area during summer months. The delay is requested so that the Water Department can appropriately and in good faith inform these customers, and to give the Water Department an opportunity to prepare to speak before Council. Councilmember Burckart informed the speakers that such research had been done to support this Ordinance, there are good reasons to pass it, and it's the only way Tequesta can regulate its water usage in the Martin County area. Martin County is an area where conservation efforts have not gone very well since Tequesta has no way of enforcing restrictions there. Councilmember Collings, out of courtesy and concern for the Tequesta water recipients in Martin County, moved to table the First Reading of Ordinance No. 409 until the next Council meeting. Vice -Mayor Mackail seconded the motion. The vote on the motion was: Mayor Capretta Edward Howell Earl Collings William Burckart Vice Mayor Mackail - for for - for - for - for the motion was therefore passed and adopted. B) Ordinance No. 410 - First Reading - Amending the Subdivision Regulations of the Village. Attorney Randolph asked that the First Reading be delayed in order that he might provide Council with information regarding the Subdivision Regulation in addition to what presently exists in Ordinance No. 410. Village Council Meeting Minutes June 28, 1990 Page 9 ------------------------ Councilmember Collings moved that the First Reading of Ordinance 410 be delayed until Attorney Randolph has it fully prepared. Vice - Mayor Mackail seconded the motion. The vote on the motion was: Mayor Capretta - for Edward Howell for Earl Collings - for William Burckart - for Vice Mayor Mackail - for the motion was therefore passed and adopted. C) Consideration of Application of Step -Saver for Waiver to Landscape Requirements as a result of Tequesta Drive Project. Doug McGibbon, Attorney for Step -Saver, requested a waiver be granted from the landscape requirements, since their landscaping buffer, because of the widening of Tequesta Drive, had been reduced. Village Staff recommended approval of this request as submitted. Councilmember Collings moved to approve the request for waiver as submitted. Councilmembe Howell seconded the motion. The vote on the motion was: Mayor Capretta - for Edward Howell for Earl Collings - for William Burckart - for Vice Mayor Mackail - for the motion was therefore passed and adopted. D) Consideration of Proposed Interlocal Agreement for Fire - Rescue Services with Palm Beach County's Fire -Rescue MSTU. Wendy Harrison explained this was a proposed Interlocal Agreement with Palm Beach County Fire -Rescue which replaces the current Agreement. The current Agreement is scheduled to conclude on September 30, 1990. The revised Agreement is basically similar, except it does provide the following changes: Village Council Meeting Minutes June 28, 1990 Page 10 ------------------------ o The previously referenced MSTU #1 has been eliminated by the County Commission and is now proposed that the Village be served by a new MSTU referred to as the "Fire -Rescue MSTU". o The term of this Agreement is for seven (7) years as opposed to the previous five (5) year Agreement. o Section 11 of the Agreement requires the Fire -Rescue Administrator to submit a budget to the Village no later than May 1 of each year. The Village will have four months until the following September 1 within which to exercise its option to terminate the contract for the fiscal year which will commence thirteen months thereafter. Additionally, the Village has been granted a one-time window of opportunity to terminate the Agreement effective October 1, 1991, provided that the Village exercise its option to do so prior to February 1, 1991. Vice -Mayor Mackail moved to approve the Interlocal Agreement for Fire -Rescue Services with Palm Beach County Fire -Rescue. Councilmember Collings seconded the motion. The vote on the motion was: Mayor Capretta Edward Howell Earl Collings William Burckart Vice Mayor Mackail - for for - for - for - for the motion was therefore passed and adopted. E) Consideration of Revisions to Interlocal Agreement with Solid Waste Authority for Municipal Recycling. Wendy Harrison explained these changes are relatively minor ones, requested by the Solid Waste Authority to the previously approved Agreement: 1) the maximum allowable percentage of unacceptable mateials in the recycled loads changed from 10% to 3% - (it has been running at 1%). Councilmember Burckart asked what happens when loads are over the acceptable percentage. Ms. Harrison responded that although this agreement places the responsibility on the Village, it would ultimately be the responsibility of Nichols Sanitation, per Nichols Franchise Ageement with the Village; and 2) change the begin date of the Agreement to August 1, 1990. The ending date of September 30, 1994 would remain unchanged. Village Council Meeting Minutes June 28, 1990 Page 11 ------------------------ Councilmember Collings moved to approve the Revisions to the Interlocal Agreement with the Solid Waste Authority for Municipal Recycling. Vice -Mayor Mackail seconded the motion. The vote on the motion was: Mayor Capretta - for Edward Howell for Earl Collings - for William Burckart - for Vice Mayor Mackail - for the motion was therefore passed and adopted. F) Report of Finance/Administration Committee meeting of June 21, 1990. Wendy Harrison gave an overview of the recommendations of the Finance and Administration Committee regarding the Consultants Competitive Negotiation Act procedures to be followed in acquiring engineering services for water projects: o Three projects to be solicited: 1) one 3-million gallon storage tank; 2) eastern peninsula surficial test and production well with related hydrogeologic work; and 3) western peninsula surficial test wells (three) with related hydrogeologic work. o Authorization for the formation of CCNA team as follows: Councilmember Collings, Mayor Capretta, Water System Manager, Tom Hall, Village Manager Thomas Bradford and/or Wendy Harrison. Councilmember Howell moved to approve the three projects to be solicited and the formation of the CCNA team. Councilmember Buckart seconded the motion. The vote on the motion was: Mayor Capretta - for Edward Howell for Earl Collings - for William Burckart - for Vice Mayor Mackail - for the motion was therefore passed and adopted. Village Council Meeting Minutes June 28, 1990 Page 12 ------------------------ X. UNFINISHED BUSINESS A) Ordinance No. 408 - Second Reading - Amending Chapter 14, Land Development Regulations of the Code of Ordinances of the Village of Tequesta, by Providing General Standards Applicable to the Land Development Regulations of the Village of Tequesta. Attorney Randolph reminded Council that the reason this item is on the Agenda is because there were several questions because of apparent inconsistencies within the Ordinance and apparent repetition of policies that are within the Comprehensive Plan. In review of this Ordinance, it is Attorney Randolph's recommendation that this Ordinance be pulled from the Agenda for two reasons: 1) his office is presently negotiating with the Department of Community Affairs in regard to DCA's determination that the Village's Comprehensive Plan is not in compliance. Many of the items being negotiated are items which are included within this particular Ordinance. If during the period of those negotiations the decision is made to change some of the provisions of the Comprehensive Plan, those provisions of this Ordinance which Council has adopted would then be inconsistent; and 2) the purpose of a Land Development Regulation is to set forth specific regulations implementing the provisions and the policies of the Comprehensive Plan. This Ordinance simply parrots provisions already set forth in the Comprehensive Plan. There is no need to repeat those provisions and it leaves the possibility of redundancy and conflict if these provisions are put into what is supposed to be a Land Development Regulation. Councilmember Howell moved to disapprove the Second Reading of Ordinance No. 408. Councilmember Burckart seconded the motion. The vote on the motion was: Mayor Capretta Edward Howell Earl Collings William Burckart Vice Mayor Mackail - for for - for - for - for the motion was therefore passed and adopted. Village Council Meeting Minutes June 28, 1990 Page 13 ------------------------ B) Item VII. B) was never addressed because Mark Pantlin, of PLM Management, Inc. did not arrive. X. ANY OTHER MATTERS A) Mayor Capretta stated he had been receiving a series of calls from people who have received tickets for violations of water restrictions. Most of these people are those who are out of the area a portion of the year and have someone watching their house for them. They are receiving notices to appear in court because they have received several tickets (which they have never received and have no knowledge of) for water violations. The system needs to be adjusted to ensure homeowners get a copy of these tickets. Councilmember Collings felt this would be another good subject to add to the discussion of July 12 Council Meeting water rates. B) Dr. Stanley Jacobs suggested that the new landscaping on the corner of Tequesta Drive and U.S. Highway One creates a traffic hazard in that it blocks the view of on -coming traffic at that intersection because the foliage is so dense from the base to the top. Wendy Harrison stated that issue is being addressed because of comments already received. The landscapers are "limbing" those wax myrtles. Limbing is a process that removes all the leaves from the plant from the bottom up to about three feet, to provide visibility where it is needed. An improvement should be relatively immediate. Village Council Meeting Minutes June 28, 1990 Page 14 ------------------------ XII. ADJOURNMENT Councilmember Collings moved to adjourn the meeting. Councilmember Burckart seconded that motion. The vote on the motion was: Mayor Capretta - for Edward Howell for Earl Collings - for William Burckart - for Vice Mayor Mackail - for the motion was therefore passed and the meeting was adjourned at 8:35 P.M. Respectfully submitted, Fran Bitters Recording Secretary ATTEST: Bill C. Kascavelis Finance Director/VIllage Clerk DATE APPROVED: