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HomeMy WebLinkAboutDocumentation_Regular_Tab 4A_2/23/1988 . / 3 il, kVILLAGE OF TEQUESTA - --Bost_Office Box 3273 • 357 Tequesta Drive I) � `tif:•.•, Tectresta Flarida 33469-0273 • (407) 746-7457 Y r yZz h- VILLAGE OF TEQUESTA COUNCIL MEETING MINUTES JANUARY 26, 1988 I. The Tequesta Village Council held a regularly scheduled Council Meeting at the Village Hall, 357 Tequesta Drive, Tequesta, Florida, on Tuesday, January 26, 1988. The meeting was called to order at 7:00 P.M. by Mayor Carlton D. Stoddard and a roll call was taken by the Village Clerk. Councilmembers present were: Carlton D. Stoddard, Mayor; Edward C. Howell, Vice-Mayor; Earl L. Collings, Ron T. Mackail and Edwin J. Nelson. Village Officials present were: Thomas G. Bradford, Village Manager; John C. Randolph, Esq. , Village Attorney; Wendy K. Harrison, Administrative Assistant; Scott D. Ladd, Building Official; and Bill C. Kascavelis, Finance Director/Village Clerk. II. Vice-Mayor Edward C. Howell gave the invocation and led those in attendance to the Pledge of Allegiance to the American Flag. III. The agenda was approved as submitted. Mayor Stoddard made several announcements of interest to the residents of the community. A) The next regularly scheduled Council Meeting was set for February 9, 1988, at 7:00 P.M. B) The filing period for candidates for Council Seats 1, 3 and 5 began at noon on January 26 and extends until noon, February 9, 1988. 1 C) The Mayor noted that he and Randi McDonald were appointed by the Loxahatchee Council of Governments to a committee to review the proposed new Palm Beach County Health Care District. Mayor Stoddard noted that a proposed millage has not yet been established for the referendum vote to be held on March 8, 1988; however, he indicated he would keep Council apprised of the action of the committee and the recommendations of COG. D) Mayor Stoddard reported that Centel, the community cable provider, has extended their hours for service related calls from 7:00 A.M. to 11:00 P.M. weekly and that service calls for repairs would continue to be provided 24 hours a day. Council Meeting Minutes -January 26, 1988 page-2- E) The Mayor noted the County Billboard Committee would be meeting on February 1, 1988 at 3:00 P.M. at .the County Municipal Building, 12th Floor, and he would keep Council apprised of actions taken by the Committee. IV. MINUTES AND REPORTS A) Councilmember Mackail moved, seconded by Councilmember Collings, "to approve the minutes of the January 12, 1988 Council Meeting minutes as amended" (Deletion of the last paragraph of Item VI-B, and portion of paragraph seven, Item VI-E, per Councilmember Mackail ) . The vote on the motion was: Carlton D. Stoddard - for Edward C. Howell - for Earl L. Collings - for Edwin J. Nelson - for Ron T. Mackail - for the motion therefore passed and the minutes for the January 12, 1988 Council Meeting were adopted. B) The Village Manager's Report for the period covering January 11, 1988 through January 22, 1988 was approved as submitted. C) The Community Appearance Board Activity Report presented by Scott D. Ladd, Building Official, covering the period of January 13 through January 25, 1988 was approved as submitted. A copy of the report is attached to and made a part of these minutes for informational purposes. V. COMMUNICATIONS FROM CITIZENS A) None Council Meeting Minutes January 26, 1988 Page 3- VI . APPOINTMENTS A) Council reviewed the resume of Mr. James W. Ptlz, 400 Beach Road, Apartment PHC, for appointment to the Planning Commission. Councilmember Collings remarked that Mr. Pilz would be a meaningful and beneficial addition to the Planning Commission and moved for his appointment to the Planning Commission which was seconded by Vice-Mayor Howell. The vote on the motion was: Carlton D. Stoddard - for Ron T. Mackail - for Edwin J. Nelson - for Edward C. Howell - for Earl L. Collings - for the motion therefore passed and Mr. Pilz was appointed as a member to the Planning Commission. VII. UNFINISHED BUSINESS A) Mr. Bradford reviewed the provisions of Resolution No. 1-87/88 as amended and recommended approval of the Intergovernmental Agreement between Palm Beach County and the Village of Tequesta, which provides for the Village to remain a participant in the Palm Beach County Road Impact Fee Program in consideration of the County's participation of funding to the Tequesta Drive Improvement Project as specified in the Agreement. Mr. Bradford also noted that Section 6 provided that the Village could terminate participation in the County Fair Share Contribution for Road Improvement Ordinance upon thirty days prior notice to the County, should the County fail to substantially comply with the requirements referenced in the Agreement. During a discussion and review of the provisions of the Intergovernmental Agreement, Mr. Bradford indicated that Section 4, requiring the Village to undertake the protection of the thoroughfare right-of- way within the corporate limits of Tequesta in accordance with the Thouroughfare Right-of-Way Protection Element of the Palm Beach Comprehensive Council Meeting Minutes January 26, 1988 Page 4- Plan, was included to eliminate the possibility of right-of-way encroachment by developments which could affect future planned roadway widening projects by the County within areas of municipal jurisdiction. He further stated a primary concern to the County in this regard was the planned widening of Old Dixie Highway north of Tequesta Drive. Councilmember Collings requested assurance that Section 4 of the Agreement could not be interpolated to permit future widening of Tequesta Drive and Country Club Drive upon direction of the County. Attorney Randolph indicated that Tequesta Drive and Country Club Drive remains under the jurisdiction of the Village; however, he suggested that a cover letter be attached to the Resolution and forwarded to the County, indicating that it was not the intent of the Village to give up its jurisdiction of highways within the Village with regards. to Section 4 of the Intergovernmental Agreement. Mr. Bradford noted that the right-of-way designated on a County map for Old Dixie Highway, Tequesta Drive and Country Club Drive were all listed as eighty foot right-of-ways. He noted however, that the right-of-way protection maps are designed to identify transportation corridors from encroachment by other land use activities. Upon completion of the review, Councilmember Mackail moved, seconded by Councilmember Collings, "to approve the adoption of Resolution No. 1-87/88 as submitted, subject to a stipulation letter to be attached to the Resolution and forwarded to the County, indicating that it was not the intent of the Village to give up its jurisdiction for highways within the Village with regards to Section 4 of the Intergovernmental Agreement. " The vote on the motion was: Carlton D. Stoddard - for Edwin J. Nelson - for Edward C. Howell - for Earl L. Collings - for Ron T. Mackail - for the motion therefore passed and Resolution No. 1-87/88 was adopted. A copy of the Intergovernmental Agreement is attached and made a part of these minutes for informational purposes. Council Meeting Minutes January 26, 1988 - Page 5- B) The Village Attorney read by title only the second reading of Ordinance 362, "AN ORDINANCE OF THE VILLAGE OF TEQUESTA, FLORIDA, PROVIDING FOR AN AMENDMENT TO SECTION 10-46 AND SECTION 10-47 OF THE CODE OF ORDINANCES, TO PROVIDE THAT IT SHALL BE UNLAWFUL TO DUMP VARIOUS MATERIALS WITHIN A DUMPSTER OR OTHER MATERIAL RECEPTACLE UNDER THE CONTROL OR OWNERSHIP OF ANOTHER PERSON, FIRM OR ORGANIZATION WITHOUT EXPRESSED WRITTEN PERMISSION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. " Upon completion of the reading, Councilmember Howell moved, seconded by Councilmember Nelson, "to approve the second reading of Ordinance 362 as presented. " The vote on the motion was: Earl L. Collings - for Carlton D. Stoddard - for Ron T. Mackail - for Edwin J. Nelson - for Edward C. Howell - for the motion therefore passed and the second reading of Ordinance 362 was adopted. _ VIII. NEW BUSINESS A) Mr. Bradford reviewed his memorandum to Council dated January 15, 1988 with regards to the consideration of ordinances to facilitate the objectives of Village Council relative to utility operations and facilities within the Village. Mr. Bradford's memo noted that Village Council indicated to Eugene Caputo that it was the Village Council's desire that it be the goal of the Village to see that all above ground utility lines ultimately be placed underground and this goal be so stated at the appropriate location within the Comprehensive Plan. The memo also noted that the recent ENCON installation of the IQ Water System along Country Club Drive indicated the need for closer coordination between various utilities and local governments. Council Meeting Minutes January 26, 1988 Page 6- Mr. Bradford _ stated that possible solutions to affect the ._above stated objectives of the Village Council would be: 1 ) Adoption of an ordinance requiring utility line repairs or replacements to be located underground pursuant to the direction of the Comprehensive Plan of the Village. 2 ) Adoption of an ordinance establishing the right-of-way easement permit program within the Village, requiring utilities to submit application for permits, indicating the type of work to be performed and providing for engagement in such activities without a permit to be punishable by Law. The benefits to be derived from the adoption of such legislation would be : 1 ) A mechanism for informing the Village of utility company activity within the corporate limits of Tequesta. 2) Systematic removal of over head utility lines to be located underground. 3 ) A mechanism to hopefully eliminate all unauthorized activity within rights-of-way of the Village of Tequesta and also eliminate all unauthorized cuts within the pavement that we have experienced in the Village. 4) Ultimately every parcel of land would be catalogued within a computer capable of geographically displaying the parcel of land, indicating the dimensions of the various improvements thereon as well as indicating the location of utilities and pertinence upon the said property. The implementation of the right-of-way permit program would create the frame work for gathering the data necessary for this forthcoming computerized land management system. For example, a person wishing to place a sprinkler system within the right-of-way in easements abutting his private property under such a program would pull a permit to do the same and the Village would have a record of the exact location of the sprinkler system for our computer system. The value of such information when planning public works is immeasurable. Council Meeting Minutes January 26, 1988 Page 7- Upon completion of the Village Manager's review, Councilmember Collings moved, seconded by Councilmember Howell, "to direct the Village Attorney to draft two ordinances relative to utility operations and facilities upon right-of-ways within the Village as recommended by the Village Manager in his memorandum to Village Council dated January 15, 1988. " The vote on the motion was: Carlton D. Stoddard - for Edwin J. Nelson - for Ron T. Mackail - for Edward C. Howell - for Earl L. Collings - for the motion therefore passed and was adopted. B) Mr. Bradford reviewed his memorandum to Village Council dated January 20, 1988 relative to providing a Village Fair Share Fee Ordinance for Park and Recreational Improvements. Mr. Bradford noted that the current ordinance for park- and recreation impact fees requires developers of single family subdivisions to contribute an amount of four percent (4%) of the land value for park and recreational improvements. He noted that three or four residential developments remain possible within the Village and that the majority of land remaining to be developed was zoned commercial. He indicated he was of the opinion that since all land took up space regardless of the type development that such developers should all be required to contribute to park and recreation improvements of the Village. Mr. Bradford suggested that the Village establish a future effective date to extend the park and recreation impact fee to include development of apartments and commercial development. Mayor Stoddard indicated he could see the value of commercial development contributing to the park and recreation facilities and the over all value it would provide to the community. Councilmember Collings questioned how the redevelopment of an existing property would be addressed in the proposed legislation? Mr. Ladd, Building Official, indicated additional new construction would be charged on a square footage basis; however, renovation of existing buildings would not be assessed the impact fee. Council Meeting Minutes January 26, 1988 = Page 8- - Upon completion of the discussion, Councilmember Howell moved, seconded by Councilmember Mackail, "that the - Village Manager review his recommendations for the proposed Village Fair Share Fee Ordinance for Park and Recreational Improvements to include all development within the Village with the Village Attorney and Building Official and draft legislation for the consideration of adoption by the Village Council. " The vote on the motion was: Carlton D. Stoddard - for Edwin J. Nelson - for Earl L. Collings - for Ron T. Mackail - for Edward C. Howell - for the motion therefore passed and was adopted. C) The Village Attorney read by title Resolution No. 5-87/88 "A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, ESTABLISHING PROCEDURES AND DESIGNATING POLLING PLACES FOR THE MUNICIPAL ELECTION TO BE HELD MARCH 8, 1988. " Councilmember Nelson moved, seconded by Councilmember Howell, "to approve Resolution No. 5-87/88 as presented. " The vote on the motion was: Earl L. Collings - for Ron T. Mackail - for Carlton D. Stoddard - for Edward C. Howell - for Edwin J. Nelson - for the motion therefore passed and was adopted. D) The Village Manager reviewed a memorandum to Council requesting consideration of changing the day and time for Village Council Meetings. He suggested that consideration be given to holding Village Council Meetings at 9:30 A.M. on the second and fourth Thursday of each month, keeping open the option of only having a monthly meeting, which is the minimum requirement of the Village Charter. A brief discussion of the Manager's request revealed that the recommended change would not create a hardship for any of the Councilmembers and could possibly encourage an increase in attendance at Council Meetings by Village residents. Council Meeting Minutes January 26, 1988-- _ Page 9- Upon completion of the discussion, Councilmember Mackail moved, seconded by Councilmember Collings, "to change the time for holding Village Council Meetings to 9:30 A.M. during the week, dates to be determined by the Village Manager. " The vote on the motion was: Carlton D. Stoddard - for Edward C. Howell - for Edwin J. Nelson - for Earl L. Collings - for Ron T. Mackail - for the motion therefore passed and was adopted. IX. ANY OTHER MATTERS A) The Village Manager indicated he was directed by Council to secure the survey of Property 512, adjacent to Constitution Park. He indicated a survey of the property would not reveal the information of concern to Council and indicated he would secure a title search relative to the ownership of the easement to the 512 Property. B) Mr. Bradford reported that he recently met with the North County Officials and Mrs. Karen Marcus, Representative of the County Commission, to review municipal boundaries proposed for annexation by municipalities north of Southern Boulevard. Referring to the County Zoning Map, Mr. Bradford recommended that Village Council consider as reserved for annexation to the Village a portion of Section 26 and all of Section 27, the area west of the Country Club peninsula. Mr. Bradford indicated Jupiter has included these areas in their reserve annexation plans and we could anticipate a confrontation with Jupiter Officials concerning this area if we desire to include it in our reserve annexation plan. Upon completion of a brief discussion, Councilmember Collings moved, seconded by Councilmember Mackail, "that the Village consider a part of Area 26 and all of Area 27 of the County Zoning Map for future annexation into the Village of Tequesta. " The vote on the motion was: Council Meeting Minutes January- 26, 1988= - Page 10- Carlton D. Stoddard - for Edward C. Howell - for Edwin J. Nelson - for Ron T. Mackail - for Earl L. Collings - for the motion therefore passed and was adopted. C) The Village Manager read portions of a letter he received from the Chairman of the Community Appearance Board, requesting that the Community Appearance Board be a part of the review process for the Tequesta Drive Improvement and Widening Project. Council concurred with the request, keeping in mind Council 's intention of providing the entrance sign as proposed by the Planning Commission. D) The Village Manager reported that he is currently discussing a recycling project in conjunction with the Solid Waste Authority for curbside pick-up for recycling within the Village. He indicated as soon as he has all the details of the plan he will report his recommendations to Council for their consideration. E) The Village Manager recommended scheduling a special meeting of Council to review Site Plan Approvals authorized by Council to date, for the Pantlin Development Project, and their request for additional revisions of the site plan. Council concurred and the Manager was directed to schedule such a meeting. F) The Mayor commended Village Manager Bradford for his recommendation to increase Councilmembers per diem, effective April 1, 1988. G) Mayor Stoddard reported that a memorandum he received from the Village Manager indicated boat and trailer restrictions did not include condominium and apartment complexes within the Village. The Mayor requested that Mr. Bradford and the Village Attorney review the provisions of the Village Zoning Ordinance and provide recommendations to extend such restrictions to apartment complexes and condominiums. Council Meeting Minutes January 26, 1988 Page^Il- H) Mayor Stoddard questioned the Village Manager about progress for the landscaping- of Gallery Square North Shopping Center. Upon completion of a brief discussion, the Mayor suggested that the Manager explore the possibility of the Village undertaking the landscaping improvements and recovering the cost from shops located at Gallery Square in the form of rents. The Mayor requested that the Village Manager review the matter and make his recommendations to Council. I ) Councilmember Collings commended the Police Department for the revision to the weekly report format. Councilmember Collings questioned the Village Manager about any progress relative to the Rutenberg double-wide trailer used as a sales office, located south of Tequesta Drive near the Country Club entrance. Mr. Bradford reported he is currently working on that matter with the Code Compliance Officer of the Building Department and the Village Attorney is in the progress of drafting legislation to address the situation. Councilmember Collings also commended Thomas Hall, Water System Manager, for recent communications originating from the Water Department and encouraged Mr. Hall to continue his communications to Council. J) Councilmember Nelson reported he attended yesterdays meeting of the Loxahatchee River Coordinating Council on behalf of the' Village. Mary Hinton was elected Chairman of the Committee at the organizational meeting and the Committee will be reviewing the planned Burg & DiVosta residential development west of Jupiter and its impact on the Loxahatchee River at their next meeting scheduled for March 14, 1988. Approximately thirty other Agencies will also be addressing the Council regarding their projects and the impact on the Loxahatchee River. Mr. Nelson expressed his thanks to the Council and Staff for their voices of sympathy, flowers and letters of sympathy for the recent passing of his wife. He indicated it was a sad event, but it was made a little easier by all the notes and calls from friends. Council Meeting Minutes January 26, 1988 - -- Page 12- Mayor Stoddard stated that he wanted to express to Councilmember Ed Nelson, "not only our compassion during a _ trying time, but during it all you've been wonderful on this Council. I wish we could convince you to run again. " Mr. Nelson stated, "he believes it's his time to go other ways at this point. " Mayor Stoddard commended Councilmember Nelson and stated that he is very much respected and appreciated for all that he has done for Tequesta. There being no other business before the Council the meeting was adjourned •at 9:10 P.M. Respectfully submitted, Bill C. Kasc elis Finance Director/Village Clerk BCK/krb Attachments No Text