HomeMy WebLinkAboutDocumentation_Regular_Tab 5B_1/11/1990 4 e .
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4t!. VILLAGE OF TEQUESTA
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.s•`,Q' a Post Office Box 3273 • 357 Tequesta Drive
• i�p a Tequesta, Florida 33469-0273 • (407) 575-6200
FAX: (407) 575-6203
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VILLAGE OF TEQUESTA
V I L L AGE COUNCIL MEET ING MINUTES
DECEMBER 1 4 , 19 8 9
I . The Tequesta Village Council held a regularly scheduled meeting at
the Village Hall , 357 Tequesta Drive, Tequesta, Florida, on
Thursday, December 14, 1989 . 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 , and Earl
L. Collings . Vice-Mayor Edward Howell was out of town . 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 .
Richard Staudinger of Gee & Jenson was also in attendance .
II . INVOCATION AND PLEDGE OF ALLEGIANCE
Mayor Capretta gave the Invocation and led those in attendance to
the Pledge of Allegiance to the American Flag .
III . APPROVAL OF AGENDA
The Agenda was approved as submitted.
Councilmember Burckart stated he would like to report, under "Any
Other Matters" an emergency meeting of the Loxahatchee River
Management Coordinating Council which was held.
Councilmember Collings stated he would like to ask, under "Any
Other Matters" , about the emergency generator being considered by
the Council .
Mayor Capretta stated he also would like to bring up some actions
of the Downtown Task Force .
Village Council Meeting Minutes
December 14 , 1989
Page 2
Councilmember Collings moved to approve the Agenda as amended
above . Councilmember Mackail seconded that motion . The vote was :
Mayor Capretta - for
Earl Collings - for
Ron Mackail - for
William Burckart - for
the motion was therefore passed and the Agenda was approved as
amended.
IV . CONSENT AGENDA
All items appearing with an asterisk ( * ) on the Agenda were
considered routine and were enacted by one motion. Councilmember
Collings moved to approve the Consent Agenda as submitted.
Councilmember Burckart seconded that motion . The vote on the
motion was :
Mayor Capret.ta - 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
Approved under "Consent Agenda" .
VI . COMMUNICATIONS FROM CITIZENS
Jim Pilz, President of Beach Road Association, addressed the
Council regarding a jet ski problem, stating Jupiter has adopted a
new law prohibiting the launching of jet skis from any designated
ramp, and the County is making a law that no skis or watercraft may
be launched from any County Park except from a designated launching
ramp. Mr. Pilz suggested to Council that unless such an .ordinance
exists in Tequesta, the jet ski problem will become their problem,
since that is the only pocket left .
Village Council Meeting "Minutes
December 14 , 1989
Page 3
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Mr. Pilz commended the local police force for their response to the
increase of thefts and vandalisms in the area, specifically under
the east side of the CR-707 bridge . The Bridge Road Association
was asking the Tequesta Police Department to monitor the area where
the old road was , under the bridge , to -increase visibility.
Mr . Pilz commented on a structure on Jupiter Island opposite 19750
Beach Road ( Sea Watch ) which has beens standing for approximately
three years , which. Tequesta residents are complaining about. This
structure is in Palm Beach County district , and the County
Commission stated that if this structure was not added to within
six months , it -would be torn down. The County recently approved an
extension of a permit . Because this structure is so close to
Tequesta, Mr. Pilz suggested Village Council nudge the County to
move on this issue .
In response to Mayor Capretta' s inquiry regarding the status of the
CR-707 Beautification Project, Mr . Pilz reported the anticipated
approval would be given by the County Engineer' s Office this very
morning . The next step would be the approval of the release of the
bid package. When the bid package comes in, Beach Road would
present their $25 , 000 toward the project.
VII . UNFINISHED BUSINESS
A) Review and Consideration of Adoption of the Tequesta Drive
Landscape Plan. Richard Staudinger, P.E. , Gee & Jenson.
Mr. Staudinger gave a brief synopsis of the Landscape Plan.
In November, 1988 , the Community Appearance Board and the
Planning Commission had joint meetings discussing landscaping
for Tequesta Drive . There came from that a design concept
but no real details . March , 1989 Village Council approved
the design contract but requested further design review by
. the CAB, which was ultimately approved by Council before
going out. to - bid. Gee & Jenson began meetingwith the CAB
and doing preliminary concepts . The last meeting between Gee
& Jenson and the CAB was April 1989 . The project at that
time was put on hold until the Charrette process was finished
and the Master Plan was complete . That being done, the
project is now re-started after a 6-month hiatus . Gee &
Jenson today are seeking concurrence of Council with the CAB
comments on the Landscape Plan, in order to complete the
design. Mr. Staudinger estimated it would be February-March
at the time of construction bidding with installation of
landscaping taking place in March-late April .
Village Council Meeting Minutes
December 14 , 1989
Page 4
Mayor Capretta questioned regarding the median strip in front
of Alex Webster' s Restaurant and whether people heading east
would be allowed to make a left turn at that location. Mr .
Staud.inger explained the new design allows for free access to
Alex Websters with the diamond island deleted and would pose
no intereference with the Master Plan road proposed just east
of Alex Websters .
The CAB requested that the originally planned 10 foot tall
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live oaks with a 5-6 foot canopy be changed to live oaks
which are approximately 18 feet tall with a 10-12 foot
canopy. ' They also requested the blooming annuals placed
throughout the plan be deleted from all, the areas except on
the entrance median and at the bases of signs , and to be
replaced with small shrubs , sod, etc . The CAB also requested
the entry sign be raised approximately 1 foot and the light
changed to sodium vapor lighting .
Village Manager Bradford informed Council this landscaping
project was a phased, multi-year job, and the monies have
been budgeted for year one, allowing approximately $46 , 000
for the first year .
Councilmember Burckart asked what was involved with phase 2
of the landscaping plan. Mr. Bradford answered it included
the entrance sign , flood lighting, and the major median by
Step Saver and Barnett Bank, with the last phasing of the
project due for completion fiscal year ' 93 .. Councilmember
Collings suggested the entrance should be done first since
that is what gives a first impression of the Village . Mayor
Capretta suggested the landscaping project start at U.S .
Highway #1 on Tequesta Drive and head west until you have to
stop.
Councilmember Collings moved to accept the landscaping plan
in concept with the Community Appearance Board suggestions
and instruct the engineers to start from U.S . Highway #1 and
move west and let the Village Staff work out the financial
details, and hopefully go as far west as possible.
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.
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Village Council Meeting Minutes
Dece-.ber 14 , 1989
Page 5
• VIII . NEW BUSINESS
A) Consideration of Recommendation of the Tequesta Downtown
Development Task Force for the Village Council to Accept the
Tequesta Town Center Master Plan and Development Standards in
Concept until March 30 , 1990 , to Give Opportunity for the
Village to Market the Master Plan to the Appropriate
Development Community.
Councilmember Mackail moved to approve the monies recommended
by Village Manager Bradford (Memorandum to Council dated
12/18/89 ) for the marketing package for the Master Plan .
Councilmember Collings seconded that 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.
Mayor Capretta suggested that Scott Ladd and Attorney
Randolph get together . with Council to suggest to them the
advantages and disadvantages and alternatives of how to
proceed with the Master Plan once the Task Force has
disintegrated, to ensure Village control over the long term.
Mayor Capretta informed Council the tools are not in place to
• prohibit plans contrary to the Master Plan from happening and
requested the Village Attorney to review "zoning in progress"
as a remedy. Attorney Randolph explained that zoning in
progress is simply a declaration that the Village is studying
a particular area as identified on the Master Plan map, and
that no building permits will be granted while zoning in
progress is in effect , which would be in contravention of
anything within the Master Plan.
Councilmember Collings moved that , because the Master Plan is
approved in concept, and because studies are on-going in
order to determine the appropriate mechanism to put this plan
into place , that zoning in progress be declared for the study
area of Bridge Road north, including Tequesta Plaza,
Lighthouse Plaza, the Dorner lands , excluding U. S . #1 except
for St. Jude Church, and some vacant parcels , while those
studies are being made . Councilmember Mackail seconded the
motion. The vote on the motion was :
Village Council Meeting Minutes
December 14 , 1989
Page 6
Mayor Capretta - for
Earl Collings - for
Ron Mackai.l - for
William Burckart - for
the motion was therefore passed adopted.
Angel Goitia, an architect with CAPE, International , Inc . of .
Riviera Beach, stated he admired the Mayor and Council on
behalf of the Tequesta citizens for creating the spirit that
has materialized with the Master Plan drawing . He stated
Tequesta has a marvelous opportunity to do something
impacting in a small community, thereby setting an example
for other municipalities who may be interested in doing a
similar thing.
B) Ordinance - First Reading - Amending the Noise Ordinance to
Provide for Higher Noise. Decibel Levels and the Times of
Appilicability. Village Attorney Randolph read the Ordinance
by title : "AN ORDINANCE OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING
SECTION 12 . 2 OF THE VILLAGE CODE OF ORDINANCES PROVIDING FOR
HIGHER NOISE DECIBEL LEVELS ; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. "
Police Chief Carl Roderick explained to Council the Village
should bring their noise level up to the County
specifications of 60 , with a 5 . reduction after 11 : 00 p.m. ,
as well as on Sundays and holidays . This would be
enforceable.
Councilmember Burckart moved to approve the first reading of
the ordinance amending Section 12 . 2 of the Village Code of
Ordinances . Councilmember Collings seconded that 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.
Village Council Meeting Minutes
December 14 , 1989
Page 7
C) Consideration of Appointment of Mrs . Elizabeth Anderson as
the Designated Representative to the Jupiter-Tequesta Junior
Citizens Board of Directors .
Village Manager Bradford stated that. in February of 1987
Council appointed David Tassel as the Representative to that
Board. Mr . Tassel contacted Mr. Bradford advising him he had
moved out of Tequesta and thereby resigned from that spot on
the Board . Therefore, Mrs . Anderson was recommended. Mrs .
Anderson lives in Tequesta in the Country Club area, is a
school teacher at Jupiter High School , has four children ages
11-21 , . and she does desire to serve on the Board as the
designated Tequesta Representative .
Councilmember Mackail moved to appoint Mrs . Elizabeth
Anderson as the Designated Representative to the Jupiter-
Tequesta Junior Citizens Board of Directors . Councilmember
Collings seconded that 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.
D) Resolution. No . 4-89/90 - Requesting the Palm Beach County
Commission to Make Application to the Board of Trustees of
the Internal Improvement Trust Fund by Adoption of a
Resolution Seeking Authorization to Conduct a Fringe Mangrove
Trimming Program in Aquatic Preserve Areas .
Village Attorney Randolph read Resolution No. 4-89/90 by
title : "A RESOLUTION OF THE VILLAGE OF TEQUESTA, PALM BEACH
COUNTY, FLORIDA, REQUESTING THE PALM BEACH COUNTY BOARD OF
COUNTY COMMISSIONERS TO MAKE APPLICATION TO THE DEPARTMENT OF. '
NATURAL RESOURCES , DIVISION OF STATE LANDS TO CONDUCT A
FRINGE 'MANGROVE TRIMMING PROGRAM IN THE AQUATIC PRESERVE
AREAS LOCATED IN PALM BEACH COUNTY, AND IN CONJUNCTION
THEREWITH, URGIN THE ADOPTION OF A RESOLUTION FORMALLY
REQUESTING AUTHORIZATION FROM THE BOARD OF TRUSTEES OF THE
INTERNAL IMPROVEMENT TRUST FUND TO CONDUCT THE SAME. "
Village Council Meeting Minutes
December 14 , 1989
Page 8
Village Manager Bradford stated that in May 1989 the
Department . of Natural Resources proposed to the Board of
Trustees of the Internal Improvement Trust Fund, which is
most of the members of Cabinet, that DNR. ( Division of State
Land) be authorized to allow that a mangrove trimming
program be implemented, at the request of counties in aquatic
preserve areas . To date no county has availed themselves of
that. There has been much controversy in southern Martin
County and norther Palm Beach County area about the trimming
of mangroves . It is not the desire to totally eliminate the
mangroves , but to control them. Palm Beach County' s
Department of Environmental Resources Management (DERM) has
reviewed this whole program and submitted a report to the
County Administrators which goes to the Board of County
Commissioners in early January 1990 . They are recommending
• that they not be instructed to implement a trimming program .
With that in mind, this Resolution has been prepared which
should be sent to the local communities and the County
Commissioners which would urge them to allow the county to
proceed with the trimming program. Mr . Bradford stated he
did not see this as being in contravention , of the
conservation element of Tequesta' s Comprehensive Plan .
Mayor Capretta stated Mayor Hinton of Jupiter stated Jupiter
is in favor of it also .
Councilmember Mackail moved to approve Resolution,; No . 4-
89/90 . Councilmember Collings seconded that 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.
Councilmember Burckart suggested this Resolution also be sent
to the DNR, and inform them of Tequesta' s actions . Mayor
Capretta concurred with Mr. Burckart.
Village Council Meeting Minutes
December 14 , 1989
Page 9
VI . ANY OTHER MATTERS
A) Councilmember Burckart updated Council on the Loxahatchee
River Management Coordinating Council . He reported that the
northern Palm Beach County aviation facility off Bee Line
Highway is being taken through its DRI approval process . It
was brought before the Loxahatchee River Coordinating Council
yesterday. There are many problems . It may be January 1990
before approval is received. He felt this did not affect
Tequesta in any way.
B) Councilmember Collings reminded Council of their rejection of
a $37 , 000 bid for an emergency generator, and asked Mr .
Bradford for an update on that. Mr. Bradford reported this
week he had approved a Notice to the bidders and the cover
letter which will go out to all of the people who sell this
type of generator. The bids are scheduled to be opened
January. 8 , 1990 and should come before Council on January 11
or 25 .
C) Mayor Capretta asked for an update on the sprinkler system at
County Line Plaza. Mr. Bradford informed Council that
yesterday Scott Ladd, Building Official and the Code
Enforcement Officer did a survey of the site and discovered
that approximately 17 . 5% of the required plantings are either
dead or missing . Scott Ladd reported there seems to be
problems with the irrigation system. They found numerous
pipes which were broken, voltage wiring to certain
controllers (a 48-zone system) was either out of the ground
or cut. Mayor Capretta asked if there was now sufficient
data to cover this through the bond. Attorney Randolph
suggested the first step in the process was the survey of the
site. The next step is to prepare an Affidavit which will
cite what has not been complied with under the terms of the
bond; Scott Ladd will provide that information to Attorney
Randolph who in turn will write to the Bonding Company to
advise them that the Village feels there has been a
violation, and they will try to get the, money from the
Bonding Company to correct this . Under the Bond, the
Village' s relief is that the monies will be turned over to
the Village to put in the trees that are not presently
existent. If the sprinkler system is under the Bond, that
could be included. Simultaneously, the Village should
contact Mr. Pantlin to advise him of the violations to give
him an opportunity to correct them within a very brief period
of time. Otherwise, the Village will go against the Bond.
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Village Council Meeting Minutes •
December 14 , 1989
Page ; 0
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Scott Ladd reported he had spoken with a representative of
Rood Landscaping who informed him that Rood Landscaping had
been contacted by both Pantlin and the Bank involved with the
foreclosure , asking ;them to reinstitute their maintenance
program, being paid up front . Checks will be sent to Rood in
advance to repair the sprinkler system, maintain the existing.
trees and plant materials , fertilize and clean up some of the_
• debris around. But , that • does not address the dead or
missing trees .
Councilmember Collings suggested the Village write a letter
to all the tenants of County Line Plaza to keep them abreast
of what has happened. Mayor Capretta concurred .
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D) Mayor Capretta asked for an update on the Cypress Drive
Drainage project . Mr'. Bradford informed Council that 'Jupiter
and Palm ' Beach County is still very desirous of having
Tequesta stay in the program. Gee & Jenson has been asked 'to
give the Village a rough calculation on whether or not is
possible to break that Tequesta drainage basin area of
responsibility into two areas, with the railroad track being
the dividing line , and take care of everything on the east
side through some mechanism that does not effect Rinker or
involve the railroad erosion issue.
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. Village Council Meeting Minutes .
December 14 , 1989 •
Page al •
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VII . ADJOURNMENT
Councilmember Collings moved to adjourn the meeting . Councilmember
Mackail seconded that motion . The vote on the motion was :
' Mayor Capretta ' - for
Earl Collings for
Ron Mackail - for
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William Burckart - for
the motion was therefore passed and the meeting was adjoured at
11 : 00 A.M. •
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Respectfully submitted,
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Fran Bitters
Recording Secretary •
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ATTEST : •
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Bill C. KascavElis
Finance Director/VIllage Clerk
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DATE APPROVED: