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HomeMy WebLinkAboutDocumentation_Regular_Tab 4B_5/25/1989 - A d 6Tif�li VILLAGE OF TEQUESTA .,I' riii%T. . _ ` I Post Office Box 3273 • 357 Tequesta Drive V•Ni•••:pTequesta, Florida 33469-0273 • (407) 575-6200 • FAX: (407) 575-6203 VILLAGE OF TEQLJESTA VILLAGE COLJNC=LA, MEETING MINUTES MAY 1 1 , 1 9 8 9 I. The Tequesta Village Council held a regularly scheduled Village Council Meeting at the Village Hall, 357 Tequesta Drive, Tequesta, Florida on Thursday, May 11, 1989. The meeting was called to order at 9:00 A.M. by Mayor Joseph N. Capretta and a roll call was taken by the Village Clerk. Councilmembers present were: Earl L. Collings, Ron T. Mackail, Vice-Mayor Edward C. Howell; and Mayor Joseph N. Capretta. Village Officials present were: Thomas G. Bradford, Village Manager; John C. Randolph, Esq. , Village Attorney; Wendy K. Harrison, Administrative Assistant to the Village Manager; Department Heads and Bill C. Kascavelis, Finance Director/Village Clerk. II. Mayor Joseph N. Capretta gave the Invocation and led those in attendance to the Pledge of Allegiance to the American Flag. III. APPROVAL OF AGENDA A) Agenda Item IX, ANY OTHER MATTERS was amended to enable Councilmember Collings to report on a recent Council of Government Meeting which he attended and permit -Mayor Capretta-_ to discuss various administrative housekeeping matters pending before the Council; upon, a motion by Councilmember Collings, seconded by Councilmember Mackail, the vote on the motion was: Joseph N. Capretta - for Edward C. Howell - for Ron T. Mackail - for Earl L. Collings - for the motion therefore passed and the Agenda was approved as amended. IV. APPROVAL OF MINUTES AND REPORTS A) The Minutes of the Tequesta Downtown Development Task .Force Meeting held April 25., 1989 were amended by Councilmember Collings to include a statement that the Tequesta Downtown Development Task Force would meet with the Village Councilmembers at a Council Workshop meeting scheduled prior to the Village Council Meeting of May 25, 1989, for • the purpose of receiving direction from Village Council concerning the goals and objectives of the. Task Force. Village Council Meeting Minutes May 11, 1989 Page 2- Councilmember Collings moved, seconded by Councilmember Mackail, "to approve the Minutes of the Tequesta Downtown Development Task Force Meeting held April 25, 1989 as amended. " Trs vote on the motion was: Joseph N. Capretta - for Edward C. Howell - for Ron T. Mackail - for Earl L. Collings - for the motion therefore passed and the Minutes were adopted. Councilmember Burckart arrived at the meeting at 9:07 A.M. B) The Minutes of the Village Council Meeting held April 27, 1989 and the Village Manager's Report covering the period April 24 through May 5, 1989 were approved as submitted, upon a motion by Vice-Mayor Howell, seconded by Councilmember Collings. The vote on the motion was: William E. Burckart - for Joseph N. Capretta - for Ron T. Mackail - for Earl L. Collings for Edward C. Howell - for the motion therefore passed and the Minutes and Report were adopted. V. COMMUNICATIONS FROM CITIZENS A) Mr. C. W. Johnston, a resident of 285 Golfview Drive, expressed concerns regarding the proposed new water rate schedule and the possibility of customers being billed at the new rate schedule for a period in excess of thirty one days (31) which could result in an excessive charge for water consumption resulting from a delayed meter reading. During a discussion of the matter, Councilmember Collings indicated any adjustments to individual water bills resulting from meter reading in excess of thirty one (31) days should be , administratively administered to ensure customers are not penalized for inconsistent reading dates by personnel of the Village Water Department. Council concurred, and the Finance Director was requested to provide for a modification to the utility billing program to ensure customers were not penalized for inconsistent meter readings extending beyond the thirty one (31 ) day billing cycle. Village Council Meeting Minutes May 11, 1989 Page 3- B) Mr. Carlos Berrocal, Esq. , attorney representing Alex . Webster's Restaurant addressed Council concerning ingress and egress to the restaurant and requested Council consider modifications to the median design proposed for the Tequesta Drive Improvement Project. Upon completion of a lengthy discussion of Mr. Berrocal 's request on behalf of Alex Webster's Restaurant, Council concluded any modification to the current design would delay the project, significantly increase the design cost, and possibly create traffic hazards which was a principal concern addressed in the preparation of the existing median design. Councilmember Collings moved, seconded by Councilmember Mackail, "to leave the existing median cut/openings as they exist today from U.S. Highway One to Old Dixie Highway, until such time as the anticipated future traffic . impacts realized from the anticipated redevelopment of Lighthouse and Tequesta Plazas occurs, at which time, median alterations would be considered. " The vote on the motion was: William E. Burckart - for Joseph N. Capretta - for Edward -C.--Howell for Ron T. Mackail - for Earl L. Collings - for the motion therefore passed and was adopted. VI. DEVELOPMENT MATTERS A) Consideration of a Site Plan Review for two (2) free- standing signs at Tequesta Shoppes, 105-189 North U.S. Highway One, by Ferrin Signs was tabled for lack of a representative, upon a motion by Councilmember Collings, seconded by Councilmember Burckart. The vote on the motion was: Joseph N. Capretta - for Edward C. Howell - for Ron T. Mackail - for William E. Burckart for Earl L. Collings - for the motion therefore passed and was adopted. B) Council reviewed a request for a Site Plan for a free- standing sign for Perkins Restaurant located at County Line Plaza, 716 North U.S. Highway One. Village Council Meeting Minutes May 11, 1989 Page 4- During the review of the proposed Site Plan for a monument style free-standing sign for Perkins Restaurant, Councilmember Collings commended the Building Official for improving the notification to Council in memorandum form stating the specific comments expressed by the Community Appearance Board during their review of proposed Site Plan Reviews. Councilmember Mackail noted that the Community Appearance Board approved the Site Plan Review as presented without noting any exceptions; therefore, Councilmember Mackail moved, seconded by Councilmember Collings, "to approve the Site Plan Review for the monument style free-standing sign at Perkins Restaurant, 716 North U.S. Highway One as submitted. " The vote on the motion was: William E. Burckart - for Joseph N. Capretta - for Edward C. Howell - for Ron T. Mackail - for Earl L. Collings - for the motion therefore passed and was adopted. NOTE: A complete copy of the Site Plan Review is attached to and made a part of the official minutes of this meeting for informational purposes. VII. NEW BUSINESS A) The Village Attorney read by title "AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, PROVIDING AN AMENDMENT TO CHAPTER 7 OF THE CODE OF ORDINANCES BY PROVIDING A NEW PARAGRAPH AT SECTION 7- 4(a), PROVIDING THAT A MEMORANDUM FROM THE CHAIRMAN OF THE COMMUNITY APPEARANCE BOARD TO THE VILLAGE COUNCIL SHALL BE REQUIRED WITH EACH SITE PLAN REVIEW APPLICATION CONSIDERED BY THE VILLAGE COUNCIL; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. " Attorney Randolph reviewed the provisions of the Ordinance with Council and suggested that the second sentence in the second paragraph of Section 1 of the Ordinance be amended to read "THE MEMORANDUM SHALL • REFERENCE MATTERS AS SPECIAL CONCERN, IF ANY, AS EXPRESSED BY THE MAJORITY OF THE MEMBERS OF THE COMMUNITY APPEARANCE BOARD. " Upon completion of the discussion of the Ordinance provisions, Councilmember Collings moved, seconded by Councilmember Mackail, "to adopt the first reading of the Ordinance as amended. ' The vote on the motion was: Village Council Meeting Minutes • May 11, 1989 Page 5- William E. Burckart - for Joseph N. Capretta - for Edward C. Howell - for Ron T. Mackail - for Earl L. Collings - for the motion therefore passed and the first reading of the Ordinance was adopted. Upon a recommendation from Councilmember Mackail, Council requested that the Village Manager draft a memorandum to the members of the Community Appearance Board clarifying what information should be reported to Council for their consideration when approving Site Plan Reviews previously approved by the Community Appearance Board. B) Mayor Capretta stated the next item appearing on the agenda was a review and discussion of a proposed Ordinance drafted by the Village Attorney establishing a Code Enforcement Board for the Village. The Village Attorney reviewed the provisions •of the proposed Ordinance providing for the appointment of a seven (7) member Code Enforcement Board and legal counsel for the Board. The Village Attorney indicated that the Code Enforcement Board would have the power- to enforce and have jurisdiction for enforcing compliance of various Chapters of the Code of Ordinances of the Village, to include, alarms, buildings and building regulations, health and sanitation, licenses, noise, signs, billboards, etc. , zoning and subdivision regulations. Attorney Randolph indicated the primary purpose for establishing a Code Enforcement Board was to provide an equitable, expeditious and effective and inexpensive method of enforcing violations of the aforementioned Village Ordinances. A lengthly discussion and review of the Ordinance provisions ensued. Upon completion of the discussion, Councilmember Collings suggested that Council review the ordinance draft prior to the scheduled first reading of the ordinance, and recommend the names of any applicants to be considered for appointment to the Board. The Village Manager also stated, he would amend the newsletters scheduled for mailing next week, to include a notice to individuals interested to be considered for appointment to the Board. The proposed Ordinance draft was to be reviewed by the Village Attorney for any recommended changes and placed on the next regular schedule Council Meeting for first reading. 4 Village Council Meeting Minutes May 11, 1989 Page 6- Note: A copy of the proposed Ordinance draft is attached to and made a part of these Minutes for informational purposes. C) The Village Manager reviewed his memorandum to . Council regarding professional planning services for completion of Tequesta's Comprehensive Development Plan. Mr. Bradford recommended that the Village Council authorize the Administration to utilize the planning services of JLH Associates (Jack Horniman) for completion of the Tequesta Comprehensive Development Plan. He indicated his recommendation is based upon Mr. Horniman's familiarity with the Village, his reputation and historical tract record and the fairness of his rates to do the work desired. Upon completion of a review and discussion of the matter, Councilmember Mackail moved, seconded by Councilmember Collings, "to authorize the Village Manager to execute a contract with JLH Associates for completion of the Tequesta Comprehensive Development Plan as requested. " The vote on the motion was: William E. Burckart - for Joseph N. Capretta -. for Edward C. Howell - for Earl L. Collings - for Ron T. Mackail - for the motion therefore passed and was adopted. D) Mayor Capretta stated the next item on the Agenda for consideration of Council is a proposed Interlocal Agreement for Joint Solid Waste Management Grant Application with the Solid Waste Authority of Palm Beach County. Ms. Wendy K. Harrison, Administrative Assistant to the Village Manager, reviewed a Memorandum to the Village Manager indicating $25,000,000 was proposed to be disbursed by the State annually over the next five (5) years, an analysis prepared by the Solid Waste Authority indicated that Palm Beach County would be entitled to approximately $1.2 million dollars of the total funds to be provided by the State. The Solid Waste Authority proposes to spend grant proceeds received the first year on a public information campaign to benefit the County as a whole and purchase curb side containers which would be available to any city wishing to start a program. In subsequent years, Ms. Harrison indicated municipalities could make application to the Solid Waste Authority for funding of individual recycling projects. It was noted that should the Village apply for funding of a Village Council Meeting Minutes May 11, 1989 Page 7- particular program which met State requirements, the Village would be guaranteed at least a per capita share of the funds received by the Solid Waste Authority. Ms. Harrison also indicated that if the Village failed to enter into the Interlocal Agreement, Tequesta would be ineligible for such future grants. During a discussion of the proposal, Councilmember Collings questioned Ms. Harrison concerning Village recommendations regarding the specific type of recycling program being proposed. Ms. Harrison indicated the Solid Waste Authority would provide analytical services to the Village for any recycling proposals received from Waste Management. She indicated that, at this time, Waste Management has not provided the Village with a proposed recycling program. Upon completion of the discussion, Councilmember Burckart moved, seconded by Councilmember Mackail, "to authorize the Village Manager to execute the Interlocal Agreement with the Solid Waste Authority for the Joint Solid Waste Management Grant Application as presented. " The vote on the motion was: Joseph N. Capretta - for Edward C. Howell - for Earl L. Collings - for Ron T. Mackail - for William E. Burckart - for the motion therefore passed and was. adopted. VIII. UNFINISHED BUSINESS A) Mayor Capretta noted the next item of business on the Agenda was the consideration of implementing a pay increase for the Village Manager. Village Manager Bradford stated he appreciated the opportunity of reviewing the concerns of each individual Councilmember during the evaluation process. Mr. Bradford also stated, he has retained a list of the suggestions and recommendations made by each Councilmember during the evaluation and assured the Council he would address such matters in the future. Mr. Bradford requested that his salary be increased to $47, 794. per year which reflects the mid-range of the Village Manager pay scale after three (3) years of service, which was slightly lower than the average salary increase recommended by Council, which was $48,400. During the discussion, Councilmember Burckart suggested that the annual review of the Village Manager's performance be conducted in March of each year. Mayor Capretta also Village Council Meeting Minutes May 11, 1989 Page 8- suggested that Council provide Mr. Bradford with a list of priority items to be addressed during the next year. Councilmember Collings stated that he was delighted that for the first time in a number of years since he has lived in the Village, that we finally have professional management within the Village government.. Member Collings also noted that the ' major expense associated to local government is personal service and salary related expense, and the Village Manager is the controller of that total manpower cost. Therefore, he noted his recommendations concerning the Village Manager's salary did not address specifically the tremendous contribution made by Mr. Bradford, but rather addressed the total management, balance of the entire organization. Upon completion of the review, Councilmember Mackail moved, seconded by Councilmember Collings, "to approve the salary for the Village Manager effective May 1, 1989 at $48,000 per year. " The vote on the motion was: William E. Burcakrt - for Joseph N. Capretta - for Edward C. Howell - for Earl L. Collings .___. _ _ _ _- for Ron T. Mackail - for the motion therefore passed and was adopted. B) Mayor Capretta stated that the next item to be considered by Council was the second reading of Ordinance No. 384, an Ordinance establishing quantity rates for residential accounts for all water consumption in excess of 30,000 gallons per month and an increase in the Capital Connection Charges on Jupiter Island. The Village Attorney read by title the second reading of Ordinance No. 384, "AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF 'TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 18 OF. THE CODE OF ORDINANCES: "WATER" ARTICLE 1 AT SECTION 18-3(b) RELATING TO WATER RATES AND CHARGES; SO AS TO PROVIDE FOR A STEPPED INCREASE IN RATES AND SECTION . 18-3(f) . SO AS TO INCREASE THE CAPITAL IMPROVEMENT CHARGE FOR NEW CONNECTIONS ON JUPITER ISLAND TO $2,310; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. " Upon completion of the second reading of Ordinance No. 384, the Village Attorney reviewed the Ordinance provisions and changes made to the Ordinance since the first reading which were not of a substantiative nature. Upon completion of the Village Council Meeting Minutes May 11, 1989 Page 9- discussion of the Ordinance provisions, Councilmember Collings moved, seconded by Councilmember Mackail, "to adopt the second reading of Ordinance No. 384 as presented. " The vote on the motion was: William E. Burckart - for Joseph N. Capretta - for Edward C. Howell - for Ron T. Mackail - for Earl L. Collings - for the motion therefore passed and the second reading of Ordinance No. 384 was adopted. Councilmember Collings suggested that Council should logically and equitably address the inequality of the water rates paid by citizens not residing in Tequesta who do not pay the public service utility tax that Tequesta residents pay on water bills. After a brief discussion of the matter, the Village Attorney was requested to review Council 's concerns and report his recommendations to alleviate the situation. IX. ANY OTHER MATTERS A) Councilmember Collings reported on the last Council of Government meeting he attended, concerning the Development of the Regional Impact Study of the northern part of Palm Beach County and the southern part of Martin County. Mr. Collings also noted that the Council of Governments will be meeting more frequently in the future to coordinate plans contained in the Comprehensive Development Plans of individual governments that affect other governmental entities. He also noted that the Council of Governments is currently involved in providing recommendations concerning the Loxahatchee River Basin Water Reserve Plan, and he indicated he would keep Council apprised of any new developments regarding these ongoing activities. Councilmember Collings also suggested that Tequesta take the lead by adoption of an ordinance to prevent future drilling of individual wells within Tequesta for water conservation purposes. B) Mayor Capretta reported that he had received numerous complaints from residents residing along the Intracoastal Waterway regarding jet ski activity in the area. He also expressed concern that fencing along Beach Road in the Palm Village Council Meeting Minutes May 11, 1989 Page 10- Beach County area had been removed and is being used by jet skiers and boaters for a launching area. The Village Manager was requested to review the matter with the Director of Palm Beach County Parks Department for corrective action. Councilmember Collings also indicated he would address the matter with appropriate officials at the next Council of Government meeting. Mayor Capretta questioned Council and the Administration concerning the failure of Village efforts to secure landscaping improvements at the Gallery Square North Parking Lot. During a discussion of the matter, the Village Attorney informed Council that his title search of the property revealed that a deed does not exist for the property; however, the property was dedicated from a plat to the Village to be used for public use, and the property would revert to the owners if it was used for any other purposes. The Village Manager indicated a meeting was scheduled with Gallery Square North property owners and appropriate Village staff to review the matter next week. Mayor Capretta emphasized he wanted the matter resolved without any more unnecessary delays, or alternatives should be considered by Council for relinquishing the property and placing it on the tax rolls of the Village. Mayor Capretta asked the Village Manager, if he had contacted Roebling of New York, Inc. , owners of Lighthouse Plaza concerning the landscaping concerns of Council. Mr. Bradford indicated he forwarded a letter to Roebling of New York, Inc. , however, he has not received a reply to his letter, or been contacted by any of their representatives regarding his communication. Mr. Bradford also indicated he had written Mr. Pantlin concerning his interest in the Lighthouse Plaza property, and Mr. Pantlin was scheduled to meet with the Tequesta Downtown Development Task Force concerning Lighthouse Plaza at their next scheduled Task Force Meeting. Mayor Capretta stated upon reviewing the proposed draft of a letter from ENCON to residents of Country Club Drive regarding sanitary sewer connections, he was of the opinion the letter should be rewritten to clarify the discount being afforded Country Club residents for the connection at this time. He also suggested, that the letter should be mailed by certified mail and require a response from each resident which should be kept on file in support of future Village requirements requiring future sanitary sewer connections to Village Council Meeting Minutes May 11, 1989 Page 11- be made using the boring technique under Country Club Drive Road. Mr. Bradford indicated he would report Council 's concerns to Mr. Rick Dent, Executive Director of ENCON. Mayor Capretta stated that within six (6) months or at the close of this fiscal year, he expected a report to be available detailing water consumption and revenues generated as a result of the adoption of the water consumption rate ordinance passed at today's meeting. Staff personnel assured Mr. Capretta that such information would be provided and available to Council for review. Councilmember Burckart reported that he recently learned that a two acre parcel located on Jupiter Island was recently put on the market for sale as a single-family residence, which would require the recalculation of the capital improvement charge adopted at today's meeting. Village Staff personnel indicated they would monitor the activity on Jupiter Island with regard to capital connection charges. Mayor Capretta questioned Village Manager Bradford concerning the status of selecting a consultant to perform a study for the proposed Public Safety Department for the Village. Mr. Bradford reported he has completed a "Request For Proposals" and would be mailing the RFP to consultants specializing in Public Safety services next week. He anticipates receiving their proposals back during the month of June, which will enable a consultant to be selected in early July. He anticipates the study to be performed within a six (6) month period and available by January 1, 1990, which would enable Council to review the recommendations and place a referendum on the March 1990 ballot. The Village can then notify the County by April 1, 1990 of the Village's intent to discontinue the contract for County Fire-Rescue Service. During a brief discussion of the matter, it was the consensus of Council that efforts should be made to facilitate completion of the study by November 1, 1989 which would be beneficial to the Village. There being no other matters to be discussed, the meeting was adjourned at 11:25 A.M. Respectfully submitted, �.GGr Bill C. Kasc elis Finance Dir ctor/Village Clerk BCK/mk Enclosures DATE APPROVED: May 25, 1989