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HomeMy WebLinkAboutDocumentation_Regular_Tab 5A_2/8/1990 • . VILLAGE OF TEQUESTA +••`�` n Post Office Box 3273 . • 357 Tequesta Drive • , . Tequesta, Florida 33469-0273 • (407) 575-6200 FAX: (407) 575-6203 h C, , VILLAGE• OF TEQUESTA • VILLAGE COUNCIL MEETING MINUTES JANUARY 2 5 , 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, January 25 , 1990 . The meeting was called to order at 9 : 00 A .M. by Mayor Joseph N . Capretta. A roll call was taken by the Recording Secretary. Councilmembers present were : Mayor Joseph N . Capretta , William E . Burckart. , Ron T . Mackail , Earl L . Collings , and Vice-Mayor Edward Howell . Village Officials present were : Thomas G . Bradford , Village Manager; Wendy K . Harrison , Administrative Assistant to the Village . Manager ; Bill C . Kascavelis , Finance Director , and Department Heads . Village Attorney , John C . Randolph was also present . TT . INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember William E . Burckart gave the Invocation and led those in attendance to the Pledge of Allegiance to the American Flag . III . APPROVAL OF AGENDA A ) Village Manager Bradford requested that a consideration of a Tree Permit Request from David Sullivan for the Coachman Inn proper on L. S . Highway 1 be added to the Agenda as Item VII . (B) and, to be added under Any Other Matters , confirmation of action that the Council took on the, Master Plan on December 14-, 1989 as it relates to the Traffic Engineering Study . underway and Palm Beach County' s proposed Traffic Performance Standards Ordinance . B) Councilmember Collings requested the addition of three points under Any Other Matters : 1 ) Report on COG meeting ; 2 ) Fire Rescue ; and 3 ) a Proposal regarding , Waste Management. • Village Council Meeting Minutes' January 25 , 1990 Page 2 Councilmember Burckart moved that the Agenda be approved as amended . Councilmember Mackail seconded that motion . The vote on the motion was : Mayor Capretta - for Vice Mayor Howell - for Earl Collings - for Ron Mackail - for William Burckart - for • the motion was therefore passed and adopted . IV. CONSENT AGENDA All items appearing with an asterisk ( * ) on the Agenda were considered. routine and were enacted by one motion . Councilmember Burckart moved to approve the Consent Agenda as submitted . Councilmember Mackail seconded that motion . The vote on the motion was : Mayor Capretta - :for Vice Mayor Howell - for Earl Collings - for Ron Mackail - for William Burckart - for the motion was therefore passed and the Consent. Agenda was approved as submitted . • V . APPROVAL OF MINUTES AND REPORTS *A) Village Council Workshop Meeting ; January 8 , 1990 *B ) Village Council Meeting ; January 11 , 1990 *C ) Village Council Workshop Meeting , January 12 , 1990 *D) Village Manager' s Report , January 8- 19 , 1990 • • VI . COMMUNICATIONS FROM CITIZENS There were no communications from citizens . • • .-: 11__e Council Meeting Minutes January 25 , 1990 • Page VII . DEVELOPMENT MATTERS A ) Consideration of Additional 30 Day Time Extension to the Hotel Site Plan Review at 734 Highway One , North ( proposed Coachman Inn Hotel ) . David. Sullivan , Agent . Village Manager Bradford explained that Mr . Sullivan had been given a 60-day time extension on approximately November 29 , • 1989 . Mr . Sullivan, presently, is still trying to get a modification on that Site Plan Review that will cause the Coachman Inn to be changed to a Radisson Hotel , but wants to protect previous approvals and therefore would need a 30-day time extension for that parcel . Mr . Sullivan explained he was scheduled to come before Council on February 8 , 1.990 . There has been a problem with the advertising , but he is now ready to proceed . Mayor Capretta asked Scott. Ladd , Building Official , why more time was not allowed for the first extension of time in order to avoid coming back for a second extension of time . Mr : Ladd explained advertising could not even begin until Mr . Sullivan appeared before the Com:unitty Appearance Board . That has ,now taken place . A Special Exception and Site Plan Review is necessary , and the only time to schedule that is February . It was Mr . Ladd ' s suggestion that extensions be given for 90 days , or even six months , to avoid the need for a second extension . In the past , extensions of even up to one year have been given . Mr . Ladd suggested that an • extension of more than 30 days perhaps should be given now, just in case there should be any other delays .. Village Manager Bradford stated there is a forthcoming Ordinance in the County' s Traffic Performance Standards , and Mr . Sullivan wants to protect his previous approval , not wanting it to expire . If it does expire , Mr . Sullivan may lose all of his vested trips , etc. , associated with the previous approval . Councilmember Burckart moved to approve the extension -of time - for 90 days . Councilmember Mackail seconded that motion-. The vote on the motion was : Mayor Capretta - for - Vice Mayor Howell - - for --- Earl Collings - for • Ron Mackail - for William Burckart - for the motion was therefore passed and adopted. Village Counci ] Meeting Minutes Jan .: ry 25 , 1990 Page 4 B ) Tree Permit Request from David Sullivan for the Coachman Inn Property at 734 U. S . Highway One , North . • Mr . Sullivan explained he would like a Land Development Permit for the property . Village Manager Bradford explained the Village adopted a Tree Permit Ordinance approximately one year ago , which occurred after the Coachman Inn received its Site Plan Approval . The Ordinance is written such that the applicant shall seek a Tree Permit at the time of Site Plan Approval . Under these circumstances , it is now necessary for Mr. Sullivan to seek approval to clear - the site to proceed with development', and to do so in accordance with the above-referenced Ordinance . Councilmember Collings moved to approve a Tree Permit, for the Coachman Inn site . Councilmember Burckart seconded the motion . The vote on the motion was : Mayor Capretta - for Vice Mayor Howell - for . Earl Collings - for Ron Mackail - for William Burckart - for the motion was therefore passed and adopted. VIII . UNFINISHED BUSINESS • A ) Update on Annexation Conflict In Section 27 with Town of Jupiter. Village Manager Bradford gave an update on the annexation conflict issue : Since the last-- Council meeting , Mr . Bradford, Attorney Randolph, and Jack Horniman, Village - Planning Consultant, met with Griff Roberts, Town Manager of - Jupiter , Jupiter' s Town Attorney, and Marty Hodgkins --to review the issue of Section 27 . Tequesta was unable to reach any agreement or compromise with Jupiter to end the conflict. Jupiter feels -Tequesta has no logical claim to the area in question, that the .-area is more atuned to Jupiter as opposed to Tequesta. Any suggestion by Tequesta to Village Council Meeting Minutes. January 25 , 1990 • Page 5 • Compromise on certain issues found Jupiter attesting that none of those issues were in any way related to the annexation . After that , the Village Attorney and Mr . Bradford attended the Town Council Meeting on January 16 , 1990 , where Attorney Randolph presented the arguments for the Village of Tequesta. The Village ' s position was that, basically, they were not there to argue the merits of reserve annexation areas , but simply to state that , in Tequesta ' s opinion , the :proposed annexation was contrary to State Law, requiring 'substantial contiguity and compactness . Though Jupiter ignored any of the points made by Tequesta, Palm Beach County, likewise, stated for the 'record, that they felt the annexation did not meet the requirements of Florida State Statute 171 , and that they would hopefully be able to reach and inter-governmental agreement with Jupiter relative to the entire area south of the Martin County line relative to annexation . ' Otherwise , they, too, would file suit , in that . it 's an improper annexation . • Jupiter also threw in a few token parcels , one being the northern Palm Beach County Water Control District drainage ditch , and some common property owned by the Shores Homeowners Association which was basically a small , . serpentine piece of land that Jupiter felt would address the contiguity issue . Palm Beach County and Tequesta claim that does not meet, the contiguity issue . • Councilmember Collings asked if Tequesta is now in the 30-day period that would allow them. to file or.jections with the Circuit Court. . yr . Bradford answerer affirmatively. Attorney Randolph informed the Council that if the Circuit Court agrees , With the County and ' Tequesta , Jupiter' s annexation action would become null and void. Mr . Bradford stated he felt Tequesta would ' have a 50-50 chance if they pursued suit, depending on the outcome of the inter- governmental agreement discussions with Jupiter . The County stated at Jupiter' s Council Meeting that they would like to see an inter-government agreement where Jupiter would agree to proceed with a number of voluntary annexation petitions - on the part of ' property - owners . The County suggested that if those failed, Referendums should be conducted on annexation in the. entire Section 26-27 areas, - and-even down to Pennock Point, on behalf ' of orderly annexation. Mr. Bradford-stated -._ - . - he does not presently know the status- of that inter- governmental agreement. ' He felt,- however, the issue would not be resolved in -30 days . and suggested that Tequesta closely observe this . • • Village Council Meeting Minutes • January 25 , 1990 • Page 6 • Attorney Randolph stated that. Jupiter feels it has not been uncooperative with Tequesta , that they have listened to Tequesta . But , that in listening , they merely disagreed . Jupiter feels Tequesta is not equipped to serve the area in question , and it is more likely that the area should be part of Jupiter . Mr . Bradford and Councilmember Mackail stated they do not agree with that comment . Mayor Capretta stated that before proceeding with any legal action over this issue , Council needs to be sure they know what the Village ' s long-range plans are . Council has talked about annexing certain local pockets , about cleaning up the borders with Jupiter , about going west of the River, and about going north of towards Martin County, yet no specific plans have been made regarding any of those . Something should be decided upon, then prepare an organization capable of doing it , i . e . , an Annexation Task Force , study the maps of the specified areas , look at every proposed development ' for those areas , and essentially effect an aggressive program to ensure annexation . Councilmember Collings asked if Jupiter alluded to any future intent beyond Section 27 . Mr . Bradford answered "no" , but that they alluded to the fact that they felt the entire areas was a natural for being a part of Jupiter . Attorney Randolph stated Jupiter showed the Tequesta representatives a map of the area they consider to be their future annexation area . If Tequesta attacks legally Jupiter' s method of annexation in this particular case , he felt it would be relevant to argue that Tequesta has a reserve annexation area and by improperly annexing property, Jupiter is perhaps foreclosing Tequesta ' s opportunity to annex lands which may be within Tequesta' s reserve annexation area. However , Attorney Randolph felt there was no direct policy of law stating that any designated reserve annexation areas belongs to the municipality designating it to be so . It ' s merely a Statement of Intent , but not necessarily ineffective . Mayor Capretta reiterated_ that Council needs to organize in order to be effective - collect some data - what are the Council ' s ideas .on ,the issue - where should Tequesta go from here - develop ,some. .improved processes for streamlined approvals for developers and tell them the advantages of Tequesta vs . the County. Take the approach of the Downtown Task Force regarding development, and be selective . Vii __e Council Meeting Minutes • Janl:ary 25 , 1990 Page 7 Councilmember Collings asked if the suit has to be filed and active within the 30-day window. Attorney Randolph answered "Yes , just to file . " Mr . Collings felt Tequesta was ready to file suit . Mr . Bradford stated he felt Tequesta should file suit within 30 days of Jupiter Council ' s action . In the event Palm Beach County and Jupiter do not enter into an • interlocal agreement, then Tequesta has protected its ability to object to that annexation . If they do enter into an acceptable intergovernment agreement, whereby there is a plan to attack that whole area in a proper , systematic fashion for annexation from Jupiter ' s perspective , then perhaps Tequesta should back off since Jupiter would probably then adhere to proper procedure . ' Mr . Bradford recommended monitoring the process of the intergovernmental. agreement . Councilmember Burckart felt the immediate area at hand may be beside the point and perhaps Tequesta should not be as aggressive . He suggested Tequesta react to what happens with the interlocal agreement - if the County and Jupiter enter into this Agreement , there may not be much Tequesta can do . If they do not enter into this Agreement , it says the County wants an orderly annexation for the entire area , which probably will also include Sections 33 , 34 and 35 . At that point , Tequesta may have to approach the' R.eferendum issue and start campaigning in those areas offering a higher quality level of service pointing out that those areas are far better suited for Tequesta than Jupiter . There may be no possibility of convincing a court that Tequesta can better serve that area. Mr . Bradford stated that the Referendum route means there is nothing that precludes Tequesta from sending out literature which explains the benefits of being in Tequesta . Vice-Mayor Howell moved to have Village Manager Bradford file suit for objection in the above-referenced annexation issue , if an acceptable intergovernmental agreement is not reached between Jupiter and Palm Beach County within the 30-day window of January 16 , 1990 . Councilmember Collings seconded the motion . The vote on the motion was : Mayor Capretta . - for Vice Mayor Howell - for Earl Collings - for • Ron Mackail - for William Burckart - for the motion was therefore passed and adopted. • • • Village Council Meeting Minutes January 25 , 1990 Page 8 • Attorney Randolph stated for clarification .. tha.t he did not believe a future annexation plan , policy, or map was included in either Tequesta' s Comprehensive Plan ; or Jupiter.' s Comprehensive Plan . Also for the record, Attorney clarified that in May, 1988 , Tequesta passed a Resolution which is still in effect, which indicated that Section 27 was going to be part of the future boundaries of the Village of Tequesta . Mayor Capretta asked Council if it was agreed to use the Finance and Administration Committee as an Annexation Task Force? All of Council agreed. • IX . NEW BUSINESS • A ) Consideration of Bid Award for Portable 125 KW Emergency Generator to Kelly Tractor for $32 , 800 . Village Manager Bradford explained that bids were previously- opened in September or October, 1989 . Low bid at that time was approximately $37 , 000 . Council directed the Village Manager to re-advertise because they felt proper distribution of the notification had not taken place and that the low bid price was too high . Bids were re-opened on January 8 , 1990 . The low bidder was Kelly Tractor in .the amount of $32 , 800 . Councilmember Collings moved to approve the Kelly Tractor bid for $32 , 800 , Councilmember Burckart seconded the motion . The vote on the motion was : Mayor .Capretta - for Earl Collings - for • Ron Mackail • - for William Burckart - for the motion was therefore passed and adopted. Vice-Mayor Howell had left the room; therefore, he did not vote . • • • Village Council Meeting Minutes • .Jan: _ry 25 , 1990 Page 9 • X . ANY OTHER -MATTERS Al Palm Beach County' s Traffic Performance Standards Ordinance as it Relates to the Master Plan . Village Manager Bradford explained that 'on December 14 , . 1989 , • Village Council accepted the Master Plan in concept , and authorized the staff to prepare the marketing packages . Currently the staff has been working on reviewing the proposed Palm Beach County Traffic Performance Standards • Ordinance and Municipal Implementation Ordinance that gives Palm Beach County power in Tequesta ' s jurisdiction , relative . to County roadways . There is an issue there relative to the municipality, preparing procedures relative to vesting the development rights of existing approved developments and properties . In studying this , it was ,discovered that the written Minutes of the December 14 , 1989 Village Council Meeting only reflect that Council authorized the marketing • package expenditure , even though the specific Agenda item , called for approval of the Master Plan . Additionally, Council implemented Zoning in Progress at that time . yr . Bradford sought clarification from Council asking whether or not it was Council ' s intent to approve the Master Plan in concept so that the Village could take that and proceed with vesting the traffic that will be generated within the Master Plan , hopefully to the acceptance . of Palm Beach County in order to protect the future of .that Master Plan area . • Council agreed that was their intent . • Councilmember Collings moved to clarify and ratify the action that . was taken ' on December 14 , . 1989 , in relation to the Tequesta Town Center Master Plan being. accepted and adopted in concept , and that Zoning In Progress was declared to negate potential development in contravention thereof . Councilmember Burckart seconded that. motion . The vote on the motion was : • Mayor Capretta - for Vice Mayor Howell . - for Earl Collings - for . Ron Mackail - for. .. William Burckart _ - for . • the motion was therefore passed and adopted. V i : __e Council Meeting Minutes January 25 , 1990 Page 10 Mr . Bradford added that since this action was taken on December 14 , 1989 , and there is no proposed forthcoming development in the Master Plan area presently, it may behoove Council to formally adopt the Master Plan, so that , hopefully, at a minimum , that level of traffic generation proposed by the Master Plan development could at least have a grounds for being vested and protected so that appropriate development could occur in that area in - the future . Attorney Randolph added, that, indeed, if it was Council ' s intent on December 14 to adopt the Master Plan , subject to whatever modifications might come up in the future , it should be clarified . It was Attorney Randolph' s understanding that when Zoning In Progress was adopted , it was not done necessarily to further study the Master Plan, but so the Village could put together all of the development orders and Ordinances needed to implement the Master Plan . Mayor Capretta stated that was his understanding and the intent of Council . Vice-Mayor Howell reminded Council there was a vast difference between accepting the Plan in concept , and adopting it, which would specifically lock the Village into the Plan . He urged Council to be cautious . Councilmember Collings stated the acceptance of the Master Plan was more conceptual than specific . yr . Bradford added that the County Commission is meeting on January 30 , 1990 for the final reading of the County' s Traffic Performance Standards Ordinance . He indicated he may ask Council to hold a special meeting , if there was any need to do so , based upon the outcome of that final Ordinance , to review the Village ' s Traffic Engineering Study for the Master Plan , and review the status of implementation options for the Master Plan itself . Councilmember Burckart stated the Village needs to "make some noise" to the County to let them know where the Village stands on issues such as this . Mr. Bradford stated he believed the Village has not yet informed the County of the Village ' s position. He echoed Councilmember Burckart in that the voters approved the Traffic Performance Standards Referendum , but did not-.have the full information -at : hand as to the . impact of what ' that action would do , potentially, to the Palm . Beach County-- . economy. Village Manager Bradford agreed -_to write a - letter to the Palm Beach County Commissioners informing Palm Beach County that Tequesta would urge them to move cautiously on the above- referenced Ordinance, since it could have a serious economic impact on everyone involved. Village Council Meeting Minutes January 25 , 1990 Page 11 • • B ) Loxahatchee Council of Governments ( COG ) Report . Councilmember Collings reported there was a presentation by the new Executive ..Director of the Health Care Taxing District , Mrs . Doris Osbrook . Mrs . Osbrook was in charge of the Chicago area District and extremely effective , and well- organized in her presentation . There, is now a special district which is accountable for Health Care for the County. There is a Chief Financial Officer, who resides in Jupiter ; it is run by a seven-member Board. It was determined that rates were inequitable and uneven in many hospitals in, the County, which are in the process of being stabilized . Palm Beach County Health Authority is enforcing 80% payment of Medicare ' and Medicaid . There is an auditor for all hospital bills ; a Medical Advisory Committee . Trauma Centers are important, with a "rule of thumb" being six trauma centers are needed for every 600 , 000 population . There are two trauma centers' in South County, with a need for one in North County. Hospital occupancy for all the hospitals is running approximately 57%. COG approved the appropriations from each municipality, with Tequesta owing approximately $2 , 000 , up $121 . 00 from last year . C) Director of Public Safety/Fire Rescue Councilmember Collings suggested that the Village inform the proposed Director of Public Safety that he is not obligated to form a Fire/Rescue force locally , but that he should be objective about it . If it is determined to move forward with a Public Safety Department, Mr . Collings felt there was merit in having the issue decided by Referendum . • D ) Proposal Regarding Waste Management . Councilmember Collings proposed .. that.. Tequesta offer its residents , on a semi-annual basis, a total pick-up day, (an amnesty day) regarding waste management , where everything and anything would be picked up, which would not normally be picked up on regular collection days . Mr. Collings felt this would be a safety as well as a convenience measure , and • one of the advantages of living in the Village of Tequesta . Councilmember Collings - "urged Council to consider that, and urged Village Manager Bradford to ask' Waste Management how much that cost would be, and move toward that end . Villa_e Council Meting Minutes January 25 , 1990 Page _ 2 • • E ) Cypress Drainage Project • Mayor Capretta asked the Village Manager to brief Council on the Cypress Drainage Project . Mr . Bradford informed Council that a report was expected from Gee f. Jenson giving the Village physical options to joining in with Jupiter and a cost estimate of those options . There would then' be a Public Works Committee Meeting to review the details of that report, and make a decision and/or recommendation . Negotiations have not yet taken place with Jupiter or the County on cost sharing arrangements . That will be done after review of the report , if needed . Xi . ADJOURNMENT Councilmember Collings moved to adjourn the meeting . Councilmember Mackail seconded that motion . The vote on the motion was : Mayor Capretta - for • Vice Mayor Howell - for Earl Collings - for Ron Mackail - for William Burckart - for the motion was therefore passed and the meeting was adjoured at 10 : 20 A .M. • Respectfully submitted, • Fran Bitters Recording Secretary ATTEST : Bill C . KascavElis Finance Director/VIllage Clerk DATE APPROVED :