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HomeMy WebLinkAboutDocumentation_Regular_Tab 5B_10/26/1989 • •413 VILLAGE OF TEQUESTA +>• 3 Post Office Box 3273 • 357 Tequesta Drive Tequesta, Florida 33469-0273 • (407) 575-6200 0, FAX: (407) 575-6203 VILLAGE O F TEQUESTA VILLAGE COUNCIL MEETING MINUTES OCTOBER 1 2 , 1 9 8 9 I . The Tequesta Village Council held a regularly scheduled meeting at the Village Hall , 357 Tequesta Drive , Tequesta, Florida, on Thursday, October. 12 , 1989 . The meeting was called to order at 5 : 30 P.M. by Mayor Joseph N. Capretta. A roll call was taken by the Recording Secretary. Councilmembers present. were : Vice-Mayor Edward C . Howell , William E . Burckart , Ron T. Mackail , and Earl L. Collings . Village Officials present were : Thomas G. Bradford, Village Manager ; Wendy K. Harrison, Administrative Assistant to the Village Manager ; Pam McNierney, Esquire , sitting in for John C. Randolph , Village Attorney; Department Heads and Bill C . Kascavelis , Finance Director . II . INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Ron T. Mackail gave the Invocation. The Pledge of Allegiance to the American Flag did not take place because the Flag had been loaned for another Village function . III . APPROVAL OF THE AGENDA Village Manager Bradford requested that the Council consider under ANY OTHER MATTERS an Addendum to an interlocal Agreement between Palm Beach County and the Village of Tequesta relative to the enhancement and maintenance of the E911 system with documentation to be submitted at that time . Councilmember Collings moved to approve the Agenda as amended. Councilmember Burckart seconded that motion. The vote on the motion was : - Joseph N. Capretta - for William E . Burckart - for Ron T. Mackail - for Edward C. Howell - for Earl L . Collings - for the motion was therefore passed and adopted. Village Council Meeting Minutes October 12 , 1989 Page 2 IV. PUBLIC HEARINGS A) Consideration of Adoption of the Villate of Tequesta Comprehensive Development Plan ( 1989 ) . 1 . Proof of Publication - was submitted to Council by Village Manager Bradford. Mr . Bradford informed Council that without the committed extensive hours of work given by Wendy Harrison and Jack Horniman and the Village Staff , this involved documentation of the Comprehensive Development Plan could not have been accomplished. 2 . Public and Village Council Comments - Village Planning Consultant gave a brief overview of the Comprehensive Development Plan which culminated 2-3 years of work. Mr . Horniman explained the following documents were presented to Council : 1 ) Support document (not to be adopted) which is a required basis for the adoption of the Comprehensive Plan ; 2 ) Map Atlas supplement ; 3 ) Response Report not to be adopted but to be submitted with the above information ; and 4 ) Evaluation and Appraisal Report of the Village of Tequesta Comprehensive Development Plan , done in 1986 , which is an assessment of the current Plan . Council was concerned about the Evaluation and Appraisal Report being a 1986 document and used as a reference document for the present Comprehensive Development Plan . Mr. Horniman explained that this Report would not have an impact for five years , at which time it will be required because of the new law. In five years the Report will be the basis for the Department of Community Affairs to go through the Comprehensive Development Plan. Everything that was committed to in the five year plan will be assessed and evaluated to discover what was accomplished and what was not . Mr . Bradford pointed out that the first time this document was submitted to Tallahassee as a preview of what is to be formally submitted, it came back with no rejective comments . Therefore, Council decided effort would not be wasted on things that Tallahassee did not make comment on . Councilmember Collings was specifically concerned with the last two paragraphs of page 57 of the Evaluation and Appraisal Report . Village Council Meeting Minutes October 12 , 1989 Page 3 3 . Ordinance No . 391 - Second Reading - Adopting a Comprehensive Plan for the Village of Tequesta in Accordance with the "Local Government Comprehensive Planning and Land Development Regulation Act. " Attorney Pam McNierney gave the second reading of Ordinance No . 391 . Mayor Capretta questioned Item 1 . 12 . 1 of the Special Policy, page FLU-6 . Mr. Horniman explained that this means that the current Comprehensive Plan shows this whole area , St. Jude Church , the Post Office and Lighthouse Plaza (points to map on tripod) is zoned for commercial use presently. This section leaves the door open to change the land use later on , without going through an amendment process of the Comprehensive Plan, if, for instance , the Charrette Master Plan is adopted. Landowner Gary Van Brock was concerned that this might restrict his development of his land if, in fact, his development did not coincide with the Master Plan . Mr. Horniman explained to Mr. Van Brock that this documentation gave him an option that he does not presently have . Mr. Bradford explained that what the wording on page 57 means is , if and when the Village does adopt the Master Plan, then he would be subject to the terms there ; but, until that time, he may develop pursuant to current existing regulations . Mr. Horniman commented on the future land use maps : Appropriate changes were made on the items that Tallahassee made comment on . Upon making those corrections , problems were discovered that existed from long ago . Therefore, new maps were made . Mr. Horniman pointed out to the Council areas of changes that were marked in red . Mr . Bradford asked if St . Jude ' s property has been designated on the map as "other public facility" have they automatically lost their commercial status? Mr . Horniman explained that if St. Jude ' s property was to be developed as commercial , then the Land Use plan would have to be amended. Presently it is zoned "non-conforming use" . Councilmember Collings asked what would happen if the desire was to develop some of that land as a residential area. Mr. Horniman answered that the Special Policy takes effect at that point. Mr. Bradford asked if the Village is required to indicate the location of public facilities and/or other public facilities . Mr . Horniman responded affirmatively. St. Jude area is zoned C-2 and the church is now a non-conforming use under zoning . If it is to be shown as a church, it is Village Council Meeting Minutes October 12 , 1989 Page 4 necessary to go back to the Land Development Regulation update and either make a provision in C-2 for churches as a special exception , or as a permitted use , or change the zoning . If that' s not what the Village wants to do , then Mr . Horniman suggested the Village do what is presently designated: keep a portion in commercial , or put it all in commercial . Attorney Pam McNierney read by title Ordinance No . 391 . Gary Van Brock was concerned about the Comprehensive Plan being adopted, would it restrict him regarding the building of a library - would a one acre facility be non-conforming since the plan allows for a 3-acre facility? Mr . Horniman stated the zoning is still commercial . Without amending the Plan, the Special Policy would take effect. If Mr . Van Brock came in with a 5-acre commercial piece of property right now, he is in conformance with the Plan because it is shown as commercial . If he came in with a mixed-use concept, a PRD, under the present regulations , he could not develop under C- 2 ; therefore the Special Policy would take effect because mixed-use is not commercial . Otherwise the Plan would have to be amended, and that is a seven-month process . Councilmember Collings moved to approve the second reading of Ordinance No . 391 adopting a Comprehensive Plan for the Village of Tequesta. Councilmember Mackail seconded that motion . The vote on the motion was : Joseph N. Capretta - for William E . Burckart - for Ron T. Mackail - - for Edward C. Howell - for Earl L. Collings - for the motion was therefore passed and adopted. 4 . Resolution No. 1-89/90 - Adopting an Evaluation and Appraisal Report of the Village of Tequesta Comprehensive Plan. Attorney Pam McNierney read by title Resolution No . 1- 89/90 . Village Council Meeting Minutes October 12 , 1989 Page 5 Councilmember Collings moved to accept Resolution 1-89/90 with the provision changes be made as per previous discussion to the last two paragraphs on page 57 . Councilmember Mackail seconded the motion. The vote on the motion was : Joseph N. Capretta - for William E. Burckart - for Ron T. Mackail - for Edward C. Howell - for Earl L. Collings - for the motion was therefore passed and adopted. V. APPROVAL OF MINUTES AND REPORTS A) Tequesta Downtown Development Task Force Meeting - September 18 , 1989 ; B) Tequesta Downtown Development Task Force Meeting - September 22 , 1989 ; C) Village Council Meeting - September 28, 1989 ; D) Village Manager' s Report - September 25 - October 6 , 1989 . Councilmember Mackail moved to approve as a group the above- referenced Minutes and Reports . Councilmember Burckart seconded that motion. The vote on the motion was : Joseph N . Capretta - for William E. Burckart - for Ron T. Mackail - for Edward C. Howell - for Earl L. Collings - for the motion was therefore passed and adopted. VI . COMMUNICATIONS FROM CITIZENS There were no further communications from the Village citizens . Village Council Meeting Minutes October 12, 1989 Page 6 VII . NEW BUSINESS A) Consideration of Reappointment of Mrs . Mindie Collins for a One-Year Term as an Alternate Member on the Community Appearance Board to Expire June 23 , 1990 . Councilmember Mackail moved to approve the reappointment of Mrs . Mindie Collins as alternate member. Councilmember Burckart seconded that motion. The vote on the motion was : Joseph N. Capretta - for William E. Burckart - for Ron T. Mackail - for Edward C. Howell - for Earl L. Collings - for the motion was therefore passed and adopted. B) Ordinance No . 392 - Second Reading - Amending the Village Code of Ordinances so as to Provide for an Eight Percent (8%) Surcharge on Water Services to Residents of Martin County. Attorney Pam McNierney read Ordinance No. 392 by title . Mayor Capretta explained this document is to equalize everyone who receives Tequesta water, so that all users are paying the same . The Mayor asked if anything is being done to properly inform, as a matter of courtesy, Martin County officials about this . Village Manager Bradford said he would be glad to write a letter to Walt Thom regarding the matter . Councilmember Burckart moved to approve Ordinance No . 392 . Councilmember Mackail seconded that motion. The vote on the motion was : Joseph N. Capretta - for William E . Burckart - for Ron T. Mackail - for Edward C. Howell - for Earl L. Collings - for the motion was therefore passed and adopted . Village Council Meeting Minutes October 12 , 1989 Page 7 VIII . ANY OTHER MATTERS A) Village Manager Bradford explained that last summer Village Council authorized him to sign an inter-local Agreement with Palm Beach County to have them reimburse the Village for Village costs of installing the enhanced E911 system, that system which flashes on the screen the telephone number and address , for easy tracking , of people calling in on the 911. system. The installation of an emergency generator was approved at, that same time . The primary reason for the emergency generator was that the E911 system uses so much power, the existing generator became obsolete . Therefore, the County, by virtue of this Addendum before Council , agrees the County will reimburse the Village , through the funds the County receives for the E911 system, the $18 , 284 the Village expended on the emergency generator. If the Village Council authorizes Mr . Bradford to do this , and the County Commissioner' s approve it, the Village will be returned $18 , 284 . Councilmember Burckart moved to approve the Addendum authorizing the reimbursement. Councilmember Mackail seconded the motion . The vote on the motion was : Joseph N. Capretta - for William E . Burckart - for Ron T. Mackail - for Edward C. Howell - for Earl L. Collings - for the motion was therefore passed and adopted. B) Village Manager Bradford stated he had received a call from Dottie Campbell last week asking that Mr. Bradford to meet with the owners of Gallery Square North. The owners asked Mr. Bradford, since there was not time to implement any big plan changes for Gallery Square , would he be agreeable to letting them do the asphalt sealant and striping of the parking lot, and to put in some new palm trees in one location, and some hedge in front to replace some that are dying. Mr. Bradford stated he had no problem with that, as long as it did not get them off-track of working toward the ultimate plan for the center. The McKay Trust, owners of the property, have plans to sell , and this "freshening up' may help the sale . Village Council Meeting Minutes October 12 , 1989 Page 8 C) Councilmember Collings asked, regarding Fire/Rescue , when the consultant is expected to submit his report . Mr. Bradford answered, mid-November is when the final report of the Phase I is expected. Mayor Capretta suggested Councilmembers determine the next visit the consultant makes so they might meet with him for discussion. D) Councilmember Collings asked if the Downtown Development Task Force has been formally scheduled to meet with the Village Council . Mr . Bradford answered, no. The Task Force will analyze whether flexibility truly exists within the Plan . That should be accomplished by October 26 . Thereafter, the Task Force will report back to Village Council . Councilmember Collings asked if it would be possible, before that time, for Council to receive a readable sized layout of the Master Plan. Mr. Bradford said that was possible , and possibly even in color . E ) Councilmember Burckart asked if Jupiter Hills was on the IQ water from Encon. Tom Hall answered, presently they are using their own wells . Councilmember Collings asked when Encon is going to put the homes on Country Club Drive on sewer. Mr . Bradford answered Encon never responded to his letter to them that included Village Council responses and he has not yet followed up on that. Mr. Bradford suggested the Village Council write a letter stating the Village will not allow tie-ins after the road is paved. Councilmembers saw problems with that: 1 ) More sewage needs to be processed; 2 ) If the Village says flatly, no more connections after paving , the Village is taking a firm stand environmentally, and saying, therefore, replacement and additions of septic tanks must take place . EPA might not like that idea. Therefore, the Village is caught in a timeframe where action should be taken. He felt Encon should make a decision and do something . Mayor Capretta felt Mr. Bradford should write to Encon, demanding an answer. r Village Council Meeting Minutes October 12 , 1989 Page 9 IX. ADJOURNMENT There being no other matters before the Council , the meeting was adjourned at 7 : 20 P.M. Respectfully submitted, Fran Bitters Recording Secretary ATTEST : Bill C. Kascavelis Finance Director/Village Clerk /fgb DATE APPROVED: