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HomeMy WebLinkAboutDocumentation_Regular_Tab 5A_8/11/1988 43110, VILLAGE OF TEQUESTA .• Q Post Office Box 3273 • 357 Tequesta Drive • e Tequesta, Florida 33469-0273 • (407) 746-7457 ' 4ftlte VILLAGE OF TEQUESTA VILLAGE COUNCIL MEETING MINUTES JULY 28, 1988 I. The Tequesta Village Council held a regularly scheduled Council Meeting at the Village Hall, 357 Tequesta Drive, Tequesta, Florida, on Thursday, July 28, 1988. The meeting was . called to order at 5:30 P.M. by Vice-Mayor Edward C. Howell and a roll call was taken by the Acting-Deputy Village Clerk. Councilmembers present were: William E. Burckart, Joseph N. Capretta and Earl L. Collings. Mayor Ron T. Mackail notified the Village Clerk that he would be out-of-town on vacation and his absence was excused. Village Officials present were: Thomas G. Bradford, Village Manager; John C. Randolph, Esq. , Village Attorney; Wendy K. Harrison, Administrative Assistant to the Village Manager; Carl Roderick, Acting Chief of Police; Thomas C. Hall, Water System Manager and Scott D. Ladd, Building Official. II. Councilmember Joseph N. 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 amended to include the following items: A) Councilmember Capretta indicated he had questions for the Village Attorney concerning various Village matters. B) Councilmember Collings requested the opportunity to discuss various Police Department matters. C) Councilmember Burckart reported he desired to review the recent Loxahatchee River Management Coordinating Council meeting which he recently attended. IV. PUBLIC HEARING The Village Attorney read by title the first reading of Ordinance No. 370, "AN ORDINANCE OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING ZONING ORDINANCE NO. 355, AS AMENDED, BY AMENDING AND PROVIDING FOR A REVISED "OFFICIAL ZONING MAP" OF THE VILLAGE OF TEQUESTA; AMENDING THE ZONING CLASSIFICATION OF CERTAIN PARCELS OF PROPERTY FROM R-1, SINGLE FAMILY DWELLING TO R/OP, RECREATION/OPEN SPACE; AMENDING SECTION VII, SCHEDULE OF REGULATIONS, BY ADDING AN ADDITIONAL SPECIAL EXCEPTION USE TO THE C-2, COMMUNITY COMMERCIAL DISTRICT; AMENDING SECTION XII, SIGN REGULATIONS, PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. " t � Council Meeting Minutes July 28, 1988 Page 2- A brief review of the ordinance provisions was discussed by Council and upon completion of the review, Councilmember Burckart moved, seconded by Councilmember Capretta, "to adopt on first reading Ordinance No. 370 as presented. " The vote on the motion was: Earl L. Collings - for Edward C. Howell - for Joseph N. Capretta - for William E. Burckart - for the first reading of Ordinance No. 370 was therefore adopted. V. APPROVAL OF MINUTES AND REPORTS A) Councilmember Burckart moved, seconded by Councilmember Collings, "to approve the Village Council Meeting minutes of the June 23, 1988 meeting; the Village Council Workshop Meeting minutes of July 7, 1988; the Village Council Workshop Meeting minutes of July 12, 1988 and Village Council Workshop Meeting minutes of July 21, 1988. " The vote on the motion was: Joseph N. Capretta - for Edward C. Howell - for Earl L. Collings - for William E. Burckart - for therefore, the minutes of the above noted meetings were approved as submitted. B) Councilmember Collings reviewed the Water System Analysis report for the months of May and June, 1988 contained within the Village Manager's Report. He noted the water quality was showing improvement and commended Village Water System Manager Thomas C. Hall for his efforts in this regard. Councilmember Collings also suggested that Council consider scheduling a Village Council Workshop Meeting to review proposed planned expansions and the future of the Village Water System. Councilmember Collings moved, seconded by Councilmember Capretta, "to schedule a Council Workshop Meeting to discuss possible future Water System expansion, of which the Village Manager would notify Council of date and time of this meeting. " The vote on the motion was: Council Meeting Minutes July 28, 1988 Page 3- • Edward C. Howell - for William E. Burckart - for Joseph N. Capretta - for Earl L. Collings - for the motion therefore passed and the Village Manager's Report was approved as submitted. C) Councilmember Burckart moved, seconded by Councilmember Collings, "to approve the Community Appearance Board Reviews and Activities Report dated July 8, 1988. " The vote on the motion was: Edward C. Howell - for Joseph N. Capretta - for Earl L. Collings - for William E. Burckart - for the motion therefore passed and the Community Appearance Board Reviews and Activities Report was approved as submitted. VI. COMMUNICATIONS FROM CITIZENS A) Mr. R.H. Gerrish addressed Council concerning a possible safety hazard at the south handicap ramp at the Publix Supermarket located at Tequesta Shoppes. The Village Attorney noted the concerns of Mr. Gerrish involved private property and advised that he address the matter with the developer of the shopping center and the Home-Office of Publix. VII. DEVELOPMENT MATTERS A) Mr. William E. Leone, Agent for Tequesta Country Club, 185-201 Country Club Drive, reviewed an application for a special exception to the Tequesta Zoning Ordinance which would enable expansion of the existing Clubhouse building to provide an additional 2043 sq.ft. to be used for dining and office facilities. Upon completion of the review, Councilmember Capretta moved, seconded by Councilmember Collings, "to approve the Special Exception request and Site- Plan review for Tequesta Country Club as submitted. " The vote on the motion was: Edward C. Howell - for William E. Burckart - for Joseph N. Capretta - for Earl L. Collings - for the motion therefore passed and was adopted. Council Meeting Minutes July 28, 1988 Page 4- B) Following a brief presentation by Howard Ferrin, Representative of Ferrin Signs, Council reviewed an application for a free-standing sign for the Jupiter- Tequesta National Bank, 250 Tequesta Drive. During the review, Village Manager Bradford questioned the Building Official as to the maximum square footage allowed by Village Sign Regulations. The Building Official indicated 60 square feet was the maximum size allowable, not including the supporting structure, which causes the Jupiter-Tequesta National Bank sign to appear to exceed the 60 sq. foot size limitation. At the request of the Village Council, Village Manager Bradford informed Council of the specifics of the Community Appearance Board landscaping requirements that were imposed upon the Bank in order to receive sign approval. Representatives of the bank indicated that the requirements along Tequesta Drive seemed unnecessary at this time, in light of the forthcoming expansion of Tequesta Drive. The Village Manager and Village Council concurred with this concern in that it was likely that additional plantings required at this time would have to be relocated at Village expense upon widening of the roadway. After additional discussion and comments, Councilmember Collings moved that "the application for a free-standing sign by Jupiter-Tequesta National Bank be approved as submitted, conditioned upon providing the landscaping in and around the base of the sign, as well as the additional landscaping along the frontage of Old Dixie Highway, as imposed by the Community Appearance Board, and subject to provision of a $5,000 bond guaranteeing future installation of Village desired landscaping along Tequesta Drive frontage upon completion of the widening of Tequesta Drive Project. " The motion was seconded by Councilmember Capretta and the vote on the motion was: Edward C. Howell - for William E. Burckart - for Joseph N. Capretta - for Earl L. Collings - for the motion therefore passed and was adopted. Walter Powers, an owner of the Tequesta Corporate Centre and principal of the Bank, requested that the Council additionally give consideration to changing the color of the sign to a scheme different than that previously approved by the Community Appearance Board. It was the consensus of the Village Council that matters related to color should be re- submitted to the Community Appearance Board for their consideration. Council Meeting Minutes July 28, 1988 Page 5- D) Messrs. Bill Hyland, Esq. , Bill Hart and Peter Aquart, P.E. , Representatives for Riveredge Development Corporation, reviewed a sketch plan for the proposed Eastwinds Subdivision, a 5.7 acre site located one mile north of Tequesta Drive on the west side of the north fork of the Loxahatchee River. A lengthy discussion with residents of the area disclosed concern with regards to ingress and egress to the development as proposed. Owners of property fronting on Country Club Point expressed concern with the location of the new road near the rear of their properties, particularly Lot No. 1 located near the entrance of the new development. The Developer indicated additional landscaping would be provided at the triangular area of property at the entrance of the development to provide an additional buffer to Lot No. 1, the lot closest to the development entrance. A six- foot privacy wall is also planned to be installed surrounding the development with adequate landscaping. Upon completion of the review, Councilmember Capretta noted property owners of the area had not been notified and were not present at the Meeting to be heard on the matter. He was advised by Attorney Randolph that such notification was not a requirement of Law. Regardless, Councilmember Capretta moved, seconded by Vice-Mayor Howell, "to table the issue pending notification of residents of the area. " The vote on the motion was: William E. Burckart - against Earl L. Collings - against Edward C. Howell - for Joseph N. Capretta - for the motion therefore failed for lack of a majority vote of Council. After further discussion with the Village Attorney, Councilmember Collings moved, seconded by Councilmember Burckart, "that the preliminary sketch plan for Eastwinds Subdivisions be given conceptual approval contingent upon notification of all adjacent property owners of the next Village Council review for the proposed subdivision, and an acceptable agreement be worked out between adjacent property owners to provide for sufficient landscape buffering between the adjacent single family homes and the Tequesta Country Club parking lot. " The vote on the motion was: Council Meeting Minutes July 28, 1988 Page 6- Edward C. Howell - for William E. Burckart - for Earl L. Collings - for Joseph N. Capretta - against the motion therefore passed and was adopted. NOTE: A copy of the Application for Subdivision Review is attached to and made a part of these minutes for informational purposes. C) The previously tabled preliminary and final plat approval for Intracoastal Villas Subdivision was reconsidered at this time. Attorney J. Barry Curtin, Agent for Haisfield Enterprises, Developer of the proposed subdivision, reviewed the site-plan with the Village Council indicating changes that had taken place since the last Village Council review. Village Councilmembers reviewed the status of the mangrove area along the Intracoastal. Attorney Randolph and Attorney Curtin indicated to the Village Council that the mangrove area was to be common property to be maintained by the proposed homeowners association. Adjacent northerly property owner John Gallatin, expressed concerns about the development primarily related to drainage run-off and any effect it might have upon his property. Village Council indicated the same to be an engineering matter and the Developer's Agent indicated the property would not be affected by the same. Attorney Curtin presented the Council with a rendering indicating the two types of proposed structures upon the site, one being a one-story duplex and the other being a two-story townhome, both of which would have Mediterranean style architecture including Spanish S-tile roofs. Village Manager Bradford expressed concerns about the submitted street-lighting plan primarily related to the ornate design of the proposed street lighting. Mr. Bradford pointed out that the proposal should be reviewed by FP&L prior to proceeding, in that if FP&L does not provide for the said fixtures that the Developer may be responsible for provision of the same, including monthly energy and any maintenance costs. Attorney Curtin indicated that this would be done. Village Manager Bradford expressed concerns relative to the content of the proposed Declaration of Covenants, Conditions and Restrictions for Intracoastal Villas. Concerns were expressed relative to the following: Council Meeting Minutes July 28, 1988 Page 7- o Article III- indicated that sidewalks and drainage areas were under the control and ownership of the Homeowner' s Association which is contrary to ordinary Village practice. o Article I-G referenced an Exhibit "B" pertaining to dock facilities which was not included with the Declaration of Covenants. o Article VII- indicated that functions and services required of the Homeowner's Association could be reduced such as swale upkeep, irrigation and sidewalks which Village Manager Bradford did not think to be appropriate unless approved by the Village Council in the future. o Article X, Section 1- should state that said activities should be in accord with Village of Tequesta Ordinances as opposed to Palm Beach County Ordinances. o Article X, Section 5- should reference Tequesta Sign Regulations. o Article X, Section 6- should be modified to add easements and right-of-way. o Article XIII- should not provide for the right to cancel that which may not be acceptable to the Village o Article XIV- indicated that the Declaration of Covenants were only applicable for specific periods of time, allowing for termination of the Covenants which may not be acceptable in the future should termination occur. Attorney Curtin indicated that the concerns expressed relative to the Declaration of Covenants would be addressed and revised in a manner acceptable to the Village. Village Attorney Randolph recommended that in addition to the proposed Declaration of Covenants submitted as part of the development package, that the Developers and the Homeowner's Association be required to covenant to the Village that the mangrove area in question will be maintained. Upon conclusion of the discussion, Village Councilmember Capretta moved that "the submittal of Intracoastal Subdivision for combined preliminary and final plat review be approved by the Village Council subject to the conditions Council Meeting Minutes July 28, 1988 Page 8- recommended by the Village Attorney, Village Manager and responses of the Agent for the Developer. " The motion was seconded by Councilmember Collings and upon being put to a vote the vote was as follows: Edward C. Howell - for William E. Burckart - for Earl L. Collings - for Joseph N. Capretta - for the motion therefore passed and was adopted. NOTE: A copy of the Application for Subdivision Review and Declaration of Covenants, Conditions and Restrictions for Intracoastal Villas are attached to and made a part of these minutes for informational purposes. VIII. NEW BUSINESS A) Village Manager Bradford reviewed his July 22 memorandum to Council regarding the Water Treatment Plant Expansion Project which names Stuart Engineering Contractors to be the low bidder in the Project at $532, 550. During a discussion regarding the need for the expansion of the water treatment plant and possible independence from purchasing water from Jupiter, Councilmember Collings suggested that prior to approving the bid that a Workshop Meeting be scheduled to further discuss the Village Water System, adding that the water system is vitally important and the Council should look at long-range plans and decisions. Councilmember Collings moved, seconded by Councilmember Howell, "to table the consideration of the Bid Award for the Water Treatment Plant Expansion Project pending a Village Council Workshop Meeting to further discuss the needs and long-terms goals of the Village Water System. " The vote on the motion was: William E. Burckart - for Joseph N. Capretta - for Edward C. Howell - for Earl L. Collings - for the issue was therefore tabled pending a Village Council Workshop Meeting and Special Council Meeting to review Tequesta Water Operations and consideration of the bid award for the Water Treatment Plant Expansion Project. The Council and Village Manager scheduled a Council Workshop Meeting and a Special Village Council Meeting to commence Council Meeting Minutes July 28, 1988 Page 9- immediately upon adjournment on Monday, August 1, 1988 at 4:30 P.M. in the Village Hall. B) The Village Attorney read by title the first reading of Ordinance No. 372, "AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, PROVIDING FOR AMENDMENTS TO ARTICLE II OF CHAPTER 11 OF THE CODE OF ORDINANCES OF THE VILLAGE AT SECTIONS 11-19, 11-22, 11-23, 11-24, 11-25, 11-26 AND 11-27 WITH ALL OTHER SECTIONS UNCHANGED, RELATING TO THE OCCUPATIONAL LICENSES REQUIRED AND ISSUED BY THE VILLAGE AND RELATING TO THE FEES FOR SUCH LICENCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. Councilmember Collings moved, seconded by Councilmember Burckart, "to approve the first reading of Ordinance No. 372 as presented. " The vote on the motion was: Edward C. Howell - for Joseph N. Capretta - for William E. Burckart - for Earl L. Collings - for the motion therefore passed and the first reading of Ordinance No. 372 was adopted. C) The Village Manager reviewed his memorandum to Council dated July 13, 1988 regarding the recruitment of a new Police Chief. Mr. Bradford recommended to Council securing the services of Miami-Dade Assessment Center for this purpose and explained that funding for this service is proposed by budgetary amendment of approximately fifty percent of anticipated cost for this fiscal year with the balance of estimated costs budgeted for FY 89, commencing October 1, 1988. Conrad Miller, retired Lieutenant of the Village Police Department, expressed that he is opposed to utilizing the services of Miami-Dade Assessment Center or any outside agency for securing a new Police Chief, stating that an outside agency would not be familiar with the needs of Tequesta. He also stated that the morale of the Police Department could possibly be affected by hiring an outside candidate and suggested that Council consider the services of Acting Police Chief Carl Roderick. • Council Meeting Minutes July 28, 1988 Page 10- During further discussion of this matter, former Mayor Dottie Campbell concurred with Mr. Miller. She suggested the possibility of allowing Acting Chief of Police Carl Roderick a six-month probation period as Chief of Police, with the understanding that an outside agency would be utilized should that not prove effective. Councilmember Collings moved to table the issue and expressed that it would be beneficial for Council to schedule a Workshop Meeting to discuss this matter and also all matters relative to the Police Department. The motion was seconded by Councilmember Howell and the vote on the motion was: William E. Burckart - for Joseph N. Capretta - for Edward C. Howell - for Earl L. Collings - for the matter was therefore tabled pending the scheduling of a Village Council Workshop Meeting to discuss various police matters. D) Council considered the adoption of Resolution No. 13- 87/88 following a brief review by the Village Manager. Mr. Bradford noted that Mr. Alfred DeMott, Tequesta Planning Commission, has made a great effort to help adopt this Resolution, which requests that the State of Florida United States Congressional Delegation take the necessary steps to ensure continued future funding for twelve or more U.S. Air Force WC-130 aircraft or similarly equipped aircraft for meteorological analysis of storm events in the interest of public safety and welfare. Upon completion of the review, Councilmember Burckart moved, seconded by Councilmember Collings, "to adopt Resolution No 13-87/88 as presented. " The vote on the motion was: Edward C. Howell - for Joseph N. Capretta - for Earl L. Collings - for William E. Burckart - for the motion therefore passed and Resolution No. 13-87/88 was adopted. E) Council considered adoption of the proposed millage rate in the amount of 5.7510, which is necessary to provide the ad valorem taxes required to balance the tentative Fiscal Council Meeting Minutes July 28, 1988 Page 11- Year 1989 General Fund Budget. After a discussion between Councilmembers regarding the proposed millage rate and possible avenues to increase revenue, Councilmember Capretta moved, seconded by Councilmember Burckart, "to adopt the proposed tentative millage rate of 5.7510 mills necessary to balance the proposed General Fund budget for FY 89. " The vote on the motion was: Edward C. Howell - for Earl L. Collings - for William E. Burckart - for Joseph N. Capretta - for the motion therefore passed and was adopted. F) Council considered adoption of the computed rolled-back millage rate of 5.7627, to be provided to the Property Appraiser in accordance with Florida Statutes 200.065. After a brief discussion of property values in Tequesta, Councilmember Collings moved, seconded by Councilmember Capretta, "to approve the rolled-back millage rate of 5.7627 mills. " The vote on the motion was: Edward C. Howell - for William E. Burckart - for Joseph N. Capretta - for Earl L. Collings - for the motion therefore passed and was adopted. G) Council considered adoption of the date, time and place of the First and Final Budget Hearings to consider the proposed millage rate and tentative budgets for Fiscal Year 1989, which is not to conflict with the established public hearing dates of the Palm Beach County School Board or County Government. Councilmember Collings moved, seconded by Councilmember Capretta, "to establish the First Public Hearing for the Village Budgets for Fiscal Year 1989 to be held on September 15, 1988 at 5:30 P.M. at the Village Hall, 357 Tequesta Drive, Tequesta, Florida and to establish September 29, 1988 at 5:30 P.M. at the Village Hall, 357 Tequesta Drive, Tequesta, Florida, for the Final Public Hearing to approve the proposed budgets for Fiscal Year 1989. " The vote on the motion was: Edward C. Howell - for William E. Burckart - for Joseph N. Capretta - for Earl L. Collings - for Council Meeting Minutes July 28, 1988 Page 12- the motion therefore passed and date, time and place of the First and Final Budget Hearings were adopted. IX. ANY OTHER MATTERS A) Councilmember Burckart reviewed with Council a meeting he recently attended with the Loxahatchee River Management Coordinating Council. Mr. Burckart requested that Eugene Caputo, Executive Management & Engineering Consultants, Inc. , provide the Loxahatchee River Management Coordinating Council with portions of the Tequesta Comprehensive Plan concerning the Loxahatchee River and drainage problems relating thereto. Councilmember Burckart also informed Council of a special meeting to be scheduled for September regarding the Comprehensive Plans of Tequesta and Jupiter to bring conformity regarding the Loxahatchee River. B) Councilmember Capretta questioned the Village Manager and Village Attorney concerning the possibility of a shopping center maintenance ordinance for the Village, adding that he thought Tequesta could benefit from such an ordinance. Village Attorney Randolph assured Councilmember Capretta that he is presently communicating with other municipalities on this subject and that a "Landscape Code Ordinance" is in the process of being created. The Village Attorney further added that a Code Enforcement Board needs consideration from the Village Council and that draft ordinances addressing landscaping and code enforcement should be presented to the Village Manager within the next 30-60 days. C) Scott D. Ladd, Building Official, announced that the proposed new zoning map which had first reading (Ord. No. 370) earlier in the meeting was mounted on the wall in the Council Chambers and is available for public inspection. Mr. Bradford questioned the Building Official as to whether or not the Chevron annexed land areas would be on the proposed zoning map and requested Mr. Ladd contact Eugene Caputo of Executive Management & Engineering, Inc. , to insure that the Chevron annexed land area would be on the new Zoning Map of the Village after adoption. X. There being no other business before the Council, the meeting was adjourned at 8:10 P.M. Respectfully submitted, Bill C. Kascavelis Finance Director/Clerk BCK/krb , Council Meeting Minutes July 28, 1988 Page 13- Date Approved• August 11, 1988 Attachments