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HomeMy WebLinkAboutDocumentation_Regular_Tab 4B_5/11/1989 . opi, 1 r . . . ,.,, .. . .q.„ F.tes VILLAGE OF TEQUESTA �..._, : . r. 401i Post Office Box 3273 • 357 Tequesta Drive • •Atji Tequesta, Florida 33469-0273 • (407) 575-6200 '. FAX: (407)575-6203 VILLAGE OF TEQUESTA COUNC I L MEETING M I NUT E S APR I L 2 7 . 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, April 27, 1989. The meeting was called to order at 9:00 A.M. by Mayor Joseph N. Capretta. A roll call was taken by the Village Clerk. Councilmembers present were: William E. Burckart, 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; Department Heads and Bill C. Kascavelis, Finance- Director/Village Clerk. II. 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) Councilmember Earl L. Collings stated he desired to comment on the Tequesta Downtown Development Task Force Committee, and Vice-Mayor Edward C. Howell indicated he desired to discuss summer concerts planned at Village Parks and activities for the 4th of July at Constitution Park. Council approved the Agenda as amended. IV. APPROVAL OF MINUTES AND REPORTS A) Upon a motion by Member . Collings, seconded by Vice-Mayor - Howell, the Minutes of the Local Planning Agency Public Hearing and Village Council Meeting held March 30, 1989; the Minutes of the Tequesta Downtown Development Task Force Meeting held April 7, 1989; the Minutes of the Village Council Meeting held April 13, 1989; and the Village Manager's Report for the period covering April 10 through April 21, 1989, were adopted as presented. The vote on the motion was: William E. Burckart - for Ron T. Mackail - for Joseph N. Capretta - for Edward C. Howell - for Earl L. Collings - for the motion therefore passed and was adopted. Village Council Meeting Minutes April 27, 1989 Page 2 - V. COMMITTEE REPORTS A) Mayor Capretta reviewed the Public Safety Committee Report for the meeting held April 6, 1989. During a discussion of the Report, Member Mackail suggested that Council should proceed to acquire the consulting services necessary to provide Council with a professionally prepared feasibility study for consideration of implementing the Public Safety concept within the Village. Member Collings complemented the work of the Public Safety Committee Members and the TAVT members for their work on the proposal. Council discussed various emergency services and EMS protocol desired to be provided by the Village Police Department. Mayor Capretta also requested that accurate records be maintained by the Village Police Department detailing all EMS activities performed by Village of Tequesta Police Department Personnel as initial responders to 911 Emergency calls. Upon completion of the discussion, Councilmember Mackail moved, seconded by Councilmember Collings, "to authorize the Village Manager to proceed with requirements for hiring of a consultant to prepare a feasibility study of the Public Safety Department concept for the Village. " The vote on the motion was: William E. Burckart - for Edward C. Howell - for Joseph N. Capretta - for Ron T. Mackail - for Earl L. Collings - for the motion therefore passed and was adopted. Councilmember Collings moved, seconded by Councilmember Mackail, "to approve the Minutes of the Public Safety Committee Meeting held April 6, 1989 as written. " 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 Minutes were adopted as submitted. Village Council Meeting Minutes April 27, 1989 Page 3 - VI. COMMUNICATIONS FROM CITIZENS A) Ms. Jeanne Wehrlen, a local real estate agent complained about the removal of directional signs to a home listed for sale in the Tequesta Country Club Community this past Sunday. Ms. Wehrleh indicated she was instructed to remove the directional signs by a Village Police Officer; however, she noted other directional signs located within Country Club Community were not required to be removed. During a discussion and review of the complaint, the Village Attorney reported that Village Ordinance provisions limit temporary signage to on-site signs only. Attorney Randolph further indicated that the Village Ordinance provisions were not unusual and were used by numerous other municipalities located in Palm Beach County. Councilmember Burckart suggested that Council consider permitting a three hour window from 1:00 to 4:00 P.M. on Sundays. Other comments regarding amending the current Village temporary sign ordinance provisions cautioned speculation that amendments to the current Village Sign Ordinance would result in the placement of similar directional signs for garage sales and similar activities. Mayor Capretta stated it was unfortunate that the Police Department failed to enforce the Ordinance provision uniformly this past Sunday, and he directed the Chief of Police to address the matter and ensure that the Ordinance provisions were enforced uniformly throughout the Village. Councilmember Collings suggested that each Councilmember review the Village Signage Ordinance provisions and recommend any changes should they desire the Ordinance to be amended. VII. APPOINTMENTS A) Mayor Capretta presented to Council for consideration a recommended reappointment of Mr. John P. Turner to the Board of Adjustment for a three year term ending December 31, 1991. The floor was then opened for discussion, and Councilmember Collings asked Mr. Turner if he would accept the reappointment to the Board of Adjustment. Mr. Turner replied he would accept the appointment. There being no further discussion, Councilmember Mackail moved, seconded by Councilmember Collings, "to approve the reappointment of John P. Turner to the Board of Adjustment for a three year term ending December 31, 1991. " The vote on the motion was: Village Council Meeting Minutes April 27, 1989 Page 4 - 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. VIII. DEVELOPMENT MATTERS A) Consideration of a "Site Plan Review" of Ocean Parks Office Building located at 218 North U.S. Highway One, north of St. Jude's Catholic Church. Ms. Denise Stevens, Broedell, Inc. , reviewed the proposed Site Plan for Phase I of the project consisting of a one- story 4,050 square foot Office Building. Ms. Stevens also noted that Council was provided with plans for Phase II of the project providing for future construction of a three- story Office Building to be located north of the Phase I Office Building. Items addressed were: o Overhead utility service o Landscaping plan o Surveys with all required easements o Sanitary sewer agreement with ENCON o Ingress and egress to the property including traffic medians and site lighting Mr. Ken Nash, Consulting Engineer for the Developer reviewed the details of the site plan. He noted that all utilities on the site would be placed underground; however, the high voltage service trunk line utility poles serving the Church, located on an easement on the Church property, were not planned for replacement. The site plan proposal provides for replacing the existing pole with a new concrete pole similar to the other poles located on U.S. Highway One. From that point on, all remaining utility services are placed underground. During the review, Council requested that the Building Official prepare a drawing of the easement area where the high voltage trunk line was located which would enable Council to open discussions with Florida Power & Light for the placement of such utility lines underground. Village Council Meeting Minutes April 27, 1989 Page 5 - After speaking with the Village Engineer, the Village Manager indicated that any site plan approval granted by Council would be contingent upon the provision that the property where the concrete utility pole is to be located is not owned by the applicant. Ms. Stevens assured Council that the Developer would comply with the stipulation. Councilmember Burckart questioned the median design for the project on U.S. Highway One, and questioned if the design plan would present a hazard to the area. Mr. Nash replied that the Department of Transportation has not designed this particular intersection for left-hand turning for northbound traffic. He also noted the office was being designed for use by attorneys and was not being designed for use as a doctor's office. Additional review of the site plan evidenced the previous request of Council requiring a landscape buffer extending the length of the property as requested by Council. Councilmember Mackail asked the Building Official if the Community Appearance Board had any concerns regarding the project that Council is not aware of. Mr. Ladd replied there were none. Village Attorney Randolph reviewed various Subdivision Regulations which would enable the parcel to be subdivided. Upon completion of his review, Council indicated that the site plan review approval would also be contingent upon the condition that the owner provide the Village with a Unity of Title for the property where Phase I and Phase II Office Buildings are planned. Councilmember Mackail expressed concerns about ingress and egress to the property and potential problems with this project and other potential problems in the immediate area. He suggested that a coordinated effort be undertaken by the Village with the Department of Transportation to alleviate traffic hazards in the entire area. Council directed Village Engineer Staudinger to review the matter with the Department of Transportation concerning the matters discussed. Building Official Ladd was also directed to coordinate and notify Council of Engineer Staudinger's efforts. Upon completion of the site plan review of the Ocean Parks Office Building located at 218 North U.S. Highway One, Councilmember Collings moved, seconded by Councilmember Mackail, "to approve the Site Plan Review for Phase I of the Ocean Parks Office Building as presented subject to the conditions stipulated during the Site Plan Review. " The vote on the motion was: Village Council Meeting Minutes April 27, 1989 Page 6 - 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. IX. NEW BUSINESS A) The Village Attorney read by title the first reading of "AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AUTHORIZING THE SOUTHERN BELL TELEPHONE & TELEGRAPH COMPANY TO USE THE PUBLIC STREETS OF THE VILLAGE OF TEQUESTA, FLORIDA, FOR THE PURPOSE OF ERECTING, CONSTRUCTING, MAINTAINING AND OPERATING LINES OF TELEPHONE AND TELEGRAPHIC EQUIPMENT THEREON AND THEREUNDER; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. " Mayor Capretta opened the floor to discussion of the proposed Ordinance. The Village Manager reviewed the Ordinance provisions and noted that the Ordinance has not yet been reviewed by Southern Bell, and he indicated after their initial review some changes to the Ordinance may be made prior to the second reading. Village Attorney Randolph stated that if any substantiative changes were made to , the Ordinance, another first reading of the Ordinance would be held. Upon completion of the discussion and review of the proposed Ordinance, Councilmember Collings moved, seconded by Councilmember Mackail, "to approve the first reading of the proposed Ordinance 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 first reading of the Ordinance was adopted. B) The Village Attorney read by title the first reading of "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 I, SECTIONS 18-3(b) RELATING Village Council Meeting Minutes April 27, 1989 Page 7 - 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 $2,310.00; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. " Mayor Capretta opened the floor to discussion of the proposed Ordinance. The Village Manager noted that the proposed Ordinance increasing the residential water rates was drafted at Council 's request upon the recommendation of the Village Engineer for the purpose of addressing water conservation measures and future capital expansion costs associated with the Water Treatment Plant capacity. The proposed Ordinance also provides for increased Capital Improvement Charges for new connections to the water system located on Jupiter Island. The proposed revised residential rate schedule contained in the Ordinance is: $1.05 for each 1,000 gallons or fraction thereof up to 30,000 gallons of water delivered; $2.80 for each 1,000 gallons or fraction thereof from 30,001 gallons to 50,000 gallons of water delivered; $4.80 for each 1,000 gallons or fraction thereof for all water quantities delivered above 50,000 gallons. During the review and discussion of the proposed Ordinance, Mayor Capretta objected to the methodology used for computing the capital rate connection charge. He noted that historically, it could be proven that capital improvement connection charges based on maximum densities available proved inaccurate, thus resulting in lost revenues needed for future capital expansion costs of the water system. Councilmember Collings questioned the appropriateness of including the revised water rate schedule and the Jupiter Island Capital Improvement Charge within the same Ordinance. After a brief discussion of the matter, Councilmember Collings moved, seconded by Councilmember Mackail, "to adopt the first reading of the proposed Ordinance with the revised residential water rates and to delete the sections of the Ordinance applicable to the Jupiter Island Capital Improvement Charge. " 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 Village Council Meeting Minutes April 27, 1989 Page 8 - the motion therefore passed and was adopted. Following the vote on the motion, Village Manager Bradford requested clarification regarding the drafting of legislation for the Capital Improvement Connection Charge for Jupiter Island connections. Mr. Bradford also stated that additional research would be needed for an analysis of the future cost for expansion of the water treatment system which possibly would require future water treatment by a reverse osmosis water treatment facility. Village Attorney Randolph suggested providing Council with the information and methodology used in computing capital improvement charges. He also noted that the past policy of establishing capital improvement connection. charges could be defended; whereas, capital improvement connection charges based on other assumptions would be considerably more difficult to defend if such charges were contested. Village Engineer Staudinger stated that land uses will constantly change, requiring an on-going monitoring of capital improvement connection charges for the necessary revisions thereto. Mr. Staudinger also noted that he had recently completed such an analysis of the Village Water System which is currently being reviewed by the Village Water System Manager. Mayor Capretta stated a management process for reviewing Water Department Capital Connection charges must be established for the Village Water System. Council concurred. Council also directed the Village Manager to review the Village Engineer's Capital Improvement Connection Charge analysis for future water system needs with the Water Department System Manager and Finance Director, and upon completion of the review, to schedule a Council Workshop Meeting for the purpose of reviewing the analysis and the Village Manager's recommendations on the matter. Also, during the discussion, Council concluded that the previous motion approving the proposed residential water rates and the exclusion of the proposed Capital Improvement Connection charge for Jupiter Island customers should be reconsidered. Councilmember Mackail moved, seconded by Councilmember Collings, "to rescind the previous action on the proposed water rate charges and capital improvement charges for new connections on Jupiter Island and adopt the first reading of the proposed Ordinance amending Chapter 18 of the Code of Ordinances "Water" Article 1, Section 18-3(b) relating to water rates and charges, so as to provide for a stepped increase in rates in Section 18-3( f) so as to increase the Capital Improvement charges for new connections on Jupiter Island. " The vote on the motion was: Village Council Meeting Minutes April 27, 1989 Page 9 - 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 the first reading of the Ordinance was adopted. NOTE: The Village Manager was requested to consult with the Village Attorney and revise the proposed Ordinance to include clarification of the method to be used in the computation for establishing water rate charges for multi-residential connections to a master meter. C) Mayor Capretta stated the next item to be considered by Council was a review of a proposed Ordinance amending the Supplemental Regulations pertaining to Landscaping within the Village Zoning Ordinance. He opened the floor for discussion. The Village Manager stated that the Ordinance was drafted by the Village Attorney using information provided by the Finance and Administrative Committee of Council and the Village Community Appearance Board. Village Attorney Randolph reviewed the Ordinance provisions and his recommendations to Council for changes to be considered. Mr. Randolph noted Non-conforming Areas contained on Page 2 of the Ordinance should be amended to permit applicants of Non-conforming Commercial Areas to apply directly to Council rather than the Board of Adjustment for a variance to the Ordinance provisions. Councilmember Burckart questioned the three year amortization period. Attorney Randolph stated it could be revised if Council so desired; however, he did not anticipate any problems with requiring compliance within three years since there were not any costs to be recovered through amortization, which was a consideration used for extending the Signage Code Amortization Period to five years. At the request of Council, sub-item 5 and 6 were to be reviewed for consolidation if applicable. Councilmember Mackail questioned if fencing should be considered for requiring continuity within an area. The Village Attorney suggested considering amending the Community Appearance Board Ordinance to enable the Community Appearance Board to address Member Mackail 's concerns. Councilmember Collings suggested that sub-item 3 and 4 be reviewed for inclusion into the proposed Ordinance providing for the creation of the new Code Enforcement Board. Village Council Meeting Minutes April 27, 1989 Page 10 - Scott Ladd, Building Official, indicated that the size of new tree plantings contained in sub-item 3 did not conform to the Community Appearance Board recommendations. The Village Manager was asked if the members of the Community Appearance Board were provided copies of the proposed Ordinance for their review and recommendations prior to the Ordinance being presented to Council for adoption. Village Manager Bradford stated he had provided copies of the proposed Ordinance to the Community Appearance Board members and the only reply he received was from Ms. Gettig which addressed total landscape percentage requirements applicable to new shopping center developments. Councilmembers Burckart, Collings and Mackail indicated they were disappointed by the Community Appearance Board's lack of response and concern regarding the Landscaping Ordinance being considered by Council for adoption. Councilmember Collings moved, seconded by Councilmember Burckart, "to table the proposed Landscaping Ordinance pending the review and recommendations to Council by the Community Appearance Board. " The vote on the motion was: Joseph N. Capretta - for Ron T. Mackail - for William E. Burckart - for Earl L. Collings - for the motion therefore passed and was adopted. The Village Manager suggested that a policy be established requiring the Chairman of the Community Appearance Board to provide Council with a memorandum stating any concerns of the Community Appearance Board for matters approved by such Board, prior to Council's final review process. A consensus of Council was taken and the Village Manager was directed to prepare legislation amending the Community Appearance Board Ordinance requiring notification to Council in memorandum form for all matters approved by the Community Appearance Board. D) Resolution No. 9-88/89, Supporting the MEPCO Centralab Request for a Traffic Signal on Indiantown Road introduced by Councilmember Burckart. Councilmember Burckart stated that MEPCO, a high tech manufacturing company employing approximately 500 employees which is located on Indiantown Road, west of Commerce Way has requested support from the Town and other local municipalities Village Council Meeting Minutes April 27, 1989 Page 11 - for assistance in securing approval from the Department of Transportation for a traffic light at the Plant Entrance for employees safety. Member Burckart also noted that MEPCO indicated if the request for the traffic signal was denied, their Plant expansion at the present facility estimated to provide approximately 300 new jobs for residents of the area would be abandoned, and they would consider expanding other MEPCO facilities located in Jacksonville or North Carolina rather than the Jupiter facility. MEPCO officials also indicated such plans could result in the closing of the facility located in Jupiter and relocating such operations to one of their other plants. Councilmember Collings noted that the subject has not been brought before the Indiantown Road and Bridge Task Force and he suggested that adoption of the Resolution be contingent upon receipt of a formal request from the Town of Jupiter requesting our support in the matter. After a brief discussion, Councilmember Mackail moved, seconded by Councilmember Capretta, "to adopt Resolution No. 9-88/89 as presented, contingent upon receipt of a request for support from the Town of Jupiter. " The vote on the motion was: William E. Burckart - for Earl L. Collings - for Joseph N. Capretta - for Ron T. Mackail - for the motion therefore passed and was adopted. NOTE: Vice-Mayor Howell was excused from the meeting prior to the vote being taken on the previous stated Resolution. X. ANY OTHER MATTERS A) Councilmember Collings commended the Tequesta Downtown Development Task Force for their efforts to date. He indicated he was impressed by the attitude and outreach by the group, and he was confident the efforts of the group would produce positive results soon. B) Mayor Capretta stated that Vice-Mayor Howell was required to leave the meeting for business reasons, and prior to leaving, he requested that Council consider the possibility of planning activities at Constitution Park for the July 4th Village Council Meeting Minutes April 27, 1989 Page 12 - holiday. Vice-Mayor Howell also expressed concerns for planning other activities at Village Parks throughout the year. Gary Preston, Pirector of Public Works & Recreation was requested to contact Vice-Mayor Howell regarding Mr. Howell 's request and provide the Village Manager with their recommendations. C) Mayor Capretta reported that he and Mr. Bradford recently met with Rick Dent and Ed Hoffman of ENCON to review a letter drafted by ENCON regarding a special rate to be charged for connections to the existing sanitary sewer trunk line located on Country Club Drive, which was made possible by a Federal Grant available to ENCON. Mayor Capretta suggested that ENCON revise their proposed letter to the affected residents of the Village which would require signing an affidavit of their position on the offer. Mayor Capretta noted ENCON has not yet replied to his recommendation. XI. ADJOURNMENT There being no other matters before the Council, the meeting was adjourned at 12:15 P.M. Respectfully submitted, Bill C. Kascavelis Finance Director/Village Clerk BCK/mk DATE APPROVED; May 11, 1989