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HomeMy WebLinkAboutDocumentation_Regular_Tab 6-C_3/5/1998 • 44, VILLAGE OF TEQUESTA Post Office Box 3273 • 357 Tequesta Drive ; , o Tequesta, Florida 33469-0273 • (561) 575-6200 Fax: (561) 575-6203 QN y • CO, VILLAGE OF TEQUESTA • VILLAGE COUNCIL MEETING MINUTES FEBRUARY 12, 1998 • I. CALL TO ORDER AND ROLL CALL The Tequesta Village Council held a meeting at the Village Hall, 357 Teque"sta Drive, Tequesta, Florida, on Thursday, • _ February 12, 1998. The meeting was called to order at 7:02 P.M. by Mayor Elizabeth A. Schauer. A roll call was taken by Betty Laur, Recording Secretary. Councilmembers present were: Mayor Elizabeth A. Schauer, Vice Mayor Carl C. Hansen, Alexander W. Cameron, Joseph N. Capretta, and Ron T. Mackail. Also in attendance were: Village Manager Thomas G. Bradford, • Village Attorney John C. Randolph, Village Clerk Joann Manganiello, and Department Heads. • II. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Alexander W. Cameron gave the Invocation and led those in attendance in the Pledge of Allegiance to the American Flag. • • III. APPROVAL OF AGENDA • Vice Mayor Hansen requested addition under ANY OTHER MATTERS of discussion of Eastward Ho. Recycled Paper VILLAGE COUNCIL MEETING MINUTES FEBRUARY 12, 1998 PAGE 2 Councilmember Mackail made a motion to approve the Agenda as amended. Vice Mayor Hansen seconded the motion. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Alexander N. Cameron - for Joseph N. Caprett4 - for Ron T. Mackail - for The motion was therefore passed and adopted and the Agenda was approved as amended. IV. COMMUNICATIONS FROM CITIZENS (NON-AGENDA ITEMS) There were no communications from citizens. V. PRESENTATIONS AND PROCLAMATIONS A) Presentation by the United States Department of the Interior Bureau of Land Management (BLM) and Palm Beach County Department of Environmental Services Regarding Proposed Series of Small Controlled Burns at the Jupiter Inlet Natural Area. Barry Jennings, representative for Palm Beach County Department of Environmental Resource Management and the Bureau of Land Management with the Department of the Interior, discussed a series of prescribed burns which would be conducted at the Jupiter Inlet Natural Area. Mr. Jennings explained that he was a biologist as well as environmental program supervisor with the Palm Beach County Department of Environmental Resources Management. Mr. Jennings provided a slide presentation which began with the history of funding for purchase of environmentally sensitive lands throughout the State of Florida as well as in Palm Beach County, objectives of VILLAGE COUNCIL MEETING MINUTES FEBRUARY 12, 1998 PAGE 3 prescribed burns, the prescribed burn program, showed personnel and equipment used in prescribed burns, and a prescribed burn which had been conducted in Palm Beach County. Mayor Schauer questioned whether a permit application had been given to Fire Chief Weinand, to which Mr. Jennings responded that details such as a controlled burn for land clearing and a prescribed burn were being worked out with Chief Weinand. Mr. Jennings discussed the proper timing for the proposed burn, which he explained was set for earlier than the stated prescription because of el Niflo. Mayor Schauer questioned whether this presentation had been made to Jupiter Inlet Colony, since they were in very close proximity to the burn. Mr. Jennings responded that he had not made a presentation, but that community would be notified. Notification would be done by letter to involved agencies and communities, newspaper articles, and door-to-door handouts, to determine people sensitive to smoke so that they could be notified to stay indoors at the time of the burn. Vice Mayor Hansen questioned whether there would be ten burns since the land had been divided into ten plots. Mr. Jennings explained that one plot would be burned each year. Councilmember Cameron inquired whether the Tequesta Fire Department would participate, to which Mr. Jennings responded that Chief Weinand had declined an invitation to participate without financial compensation, and that Palm Beach County would provide fire protection free of charge. Mr. Jennings clarified that the Bureau of Land Management would be working with Chief Weinand to finalize the required permit. V. CONSENT AGENDA All items listed with an asterisk (*) are considered to be routine and will be enacted by one motion. There will be no separate discussion of these items unless a Village Councilmember so requests, in which event, the item will be VILLAGE COUNCIL MEETING MINUTES FEBRUARY 12, 1998 PAGE 4 removed from the Consent Agenda of Business and considered in its normal sequence on the Agenda. Mayor Schauer read aloud the following Consent Agenda items: VII. APPROVAL OF MINUTES AND REPORTS *A) Community Appearance Board; December 3, 1997 *B) Local Planning Agency; January 22, 1997 *C) Special Master Hearing; November 25, 1997 *D) Special Village Council Meeting; January 13, 1998 *E) Village Council Meeting; January 8, 1998 *F) Village Manager's Report - January 5, 1998 - February 6, 1998 VIII. NEW BUSINESS *F) Recommendation to Purchase Anhydrous Ammonia from the Co-op Supplier Tanner Industries, Inc. , of Philadelphia, PA, ' in the Amount of $1,380. 00 for the Estimated Quantity of 7,500 lbs. 0 $0.184/1b. Funding Provided by the Water Enterprise Fund, Pumping and Storage Division, Chemicals Line Item, Having an FY 98 Budget. Allocation of $44, 836. 00 (Staff Recommends Approval) Motion was made by Councilmember Mackail to approve the Consent Agenda as presented. The motion was seconded by Vice Mayor Hansen. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Alexander W. Cameron - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adppted and the Consent Agenda was approved as presented. l VILLAGE COUNCIL MEETING MINUTES FEBRUARY 12, 1998 PAGE 5 VIII. COMMITTEE REPORTS A) Finance & Administration Committee; January 26, 1998 Village Manager Bradford reported that at their January 26, 1998 meeting, the Finance & Administration Committee had reviewed a proposed wireless communication tower and antenna ordinance. The Committee recommended adoption of the ordinance. Also considered was a status report on annexation plans presented by Village Clerk Manganiello, who provided an overview of the ten areas proposed for annexation and the ways and means to accomplish same, including a referendum for possibly Bermuda Terrace, the area across from Tequesta Park, and Waterway Village--depending upon several factors, including Palm Beach County's annexation incentive program and the acceptance and approval of the urban services report. Possible pursuit of special legislation was discussed relative to the Anchorage Point 'area. Motion was made by Vice Mayor Hansen to approve the report of the Finance & Administration Committee as presented. The motion was seconded by Councilmember Mackail. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Alexander W. Cameron - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted. VILLAGE COUNCIL MEETING MINUTES FEBRUARY 12, 1998 PAGE 6 IX. DEVELOPMENT MATTERS A) Landscape Ordinance-No. 377 Plan Review; Landscape Plan Submittal; LaMar Condominium, 375 Beach Road. O'Mahoney Design Group. Director of Community Development Scott D. Ladd commented that the Community Appearance Board had reviewed the plans for LaMar Condominiums and that Landscape Architect Emily O'Mahoney had amended the drawings to incorporate changes requested by the Community Appearance Board. Ms. O'Mahoney explained that parking did not meet requirements because of the constrained space and had very little planting area. Two coconut trees had been added to an existing island, an existing seagrape would be encouraged to grow into a tree instead of a shrub, and a citrus tree had been added. Vice Mayor Hansen commented that even though there were fewer parking spaces than required, when he had been there, there were many vacant spaces. Councilmember Cameron questioned whether citrus trees would do well in that location, to which Ms. O'Mahoney responded they should do well. Motion was made by Councilmember Mackail to approve the Landscape Plans and waivers for Ordinance 377 compliance for LaMar Condominium, 3`75 Beach Road. The motion was seconded by Vice Mayor Hansen. The vote on the motion Was: Elizabeth A. Schauer - for Carl C. Hansen - for Alexander W. Cameron - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted. B) Landscape Ordinance No. 377 Plan Review; Landscape Plan Submittal; Ocean Villas Condominium, 225 Beach Road. t VILLAGE COUNCIL MEETING MINUTES FEBRUARY 12, 1998 PAGE 7 O'Mahoney Design Group. Director of Community Development Scott D. Ladd reported that there were SO parking spaces of the 72 required; however the size of the site was too small to accommodate any more parking spaces; that the Community Appearance Board had requested addition of two coconut trees; and that this plan as well as the other two presented by Ms. O'Mahoney tonight had all requested 3-year phasing but had been cut back to one year. Landscape Architect Emily O'Mahoney explained that the Community Appearance Board had requested coconut trees in place of the proposed live oaks and had added cabbage palms. The Homeowners Association had requested and the Community Appearance Board had agreed that the curve area be kept clear for visibility, and in fact, those plants had already been removed and replaced. Motion was made by Councilmember Mackail to approve the Landscape Plans and waivers for Ordinance 377 compliance for Ocean Villas Condominium, 225 Beach Road. The motion was seconded by Vice Mayor Hansen. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Alexander W. Cameron - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted. C) Landscape Ordinance No. 377 Plan Review; Landscape Plan Submittal; Ocean Towers North Condominium, 200 Beach Road. O'Mahoney Design Group. Director of Community Development Scott D. Ladd explained that the Homeowners Association would like not to use VILLAGE COUNCIL MEETING MINUTES FEBRUARY 12, 1998 PAGE 8 some of the suggestions made by the Community Appearance Board. Ms. O'Mahoney presented the original plan presented to Community Appearance Board and explained that along the upper property line three Noronhia trees had been proposed, of which two were existing and were on the neighboring property. Since Community Appearance Board review, the neighboring condominium, the Regency, had planted a third tree on their side. The Community Appearance Board had requested five coconut trees in this location; however, the Homeowners Association wanted Noronhia trees because of potential damage to cars. Councilmember Cameron questioned why the existing Australian pine hedge had not been removed, to which M. O'Mahoney responded that hedge was on the adjoining property. Motion was made by Councilmember Mackail to allow the Homeowners Association to plant the type of trees they desire and to approve the Landscape Plans and waivers for Ordinance 377 compliance for Ocean Towers North Condominium, 200 Beach Road. The motion was seconded by Councilmember Cameron. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Alexander W. Cameron for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted. D) Landscape Ordinance No. 377 Plan Review; Landscape Plan Submittal; Tequesta Motor Cars, 746 U.S. Highway One North. William S. Burckart, as Agent. Village Manager Bradford reported that this applicant had requested that this item be delayed to the March 5, 1998 Village Council meeting. VILLAGE COUNCIL MEETING MINUTES FEBRUARY 12, 1998 PAGE 9 Motion was made by Councilmember Mackail to table until March 5, 1998 consideration of the Landscape Plans and waivers for Ordinance 377 compliance for Tequesta Motor Cars, 746 U.S. Highway One North. The motion was seconded by Vice Mayor Hansen. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Alexander N. Cameron - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted. X. NEW BUSINESS A) Consideration of Town of Jupiter Request for Village of Tequesta Participation in Funding Costs Not to be Paid by Jupiter Inlet District for Placement of Existing FPL Distribution Line and Proposed FPL Transmission Line Underground at the Alternate AIA Bridge in Jupiter. (Staff Recommends Rejection at this Time) Village Manager Bradford provided a transparency depicting the areas to be discussed. The Village Manager explained that each Councilmember had received a copy of the letter from Jupiter inquiring whether Tequesta had any interest in participating in their proposal to bury the FPL transmission line under the river on the east side of the Alternate AlA bridge, and the distribution line on the west side of the bridge. Village Manager Bradford reported that Jupiter Inlet District had agreed to fund approximately $705,000 of the $1.268 million cost estimated to bury the two lines. Village Manager Bradford expressed his opinion that the portion to be buried under the bridge had merit; however, he recommended against participation in the cost of the • VILLAGE COUNCIL MEETING MINUTES FEBRUARY 12, 1998 PAGE 10 portion which Jupiter Cove residents had requested be buried, since Jupiter was proposing that section be placed underground for political reasons to satisfy their residents. Since the sections had not been separated as to cost, an estimate was made by measuring the length of the proposed underground line, assuming it had been drawn to scale, and dividing according to percentage. This method produced a figure of approximately $203, 000 to bury the lines under the bridge. From that, a determination needed to be made as to what was fair for Tequesta based on population or taxable value. A percentage of total population between the municipalities produced a 13.2% population figure for Tequesta, or $26, 767; and using taxable value Tequesta' s share would be 14.4%, or $29,200. The average of the two computations was $27, 984. Since at this time Tequesta did not know the cost of placing the transmission line through the Village, and FPL and the FEC Railway were in the process of settling their lawsuit over cost of leases FEC charged FPL for crossing their right of ways which might allow FPL to purchase or lease land to place the transmission line on the west side of Old Dixie Highway, Village Manager Bradford recommended that a decision whether to participate in the cost of burying the line at the bridge be delayed until the outcome of the lawsuit settlement was known. Mayor Schauer questioned whether Jupiter had asked the County to participate in the cost, to which Village Manager Bradford responded he did not know. Vice Mayor Hansen expressed his opinion that the Village should wait until they found out whether they would have any costs in regard to the transmission line through the Village before making a decision whether to participate in the cost of burying the line under the bridge. Councilmember Cameron commented that at some later date Tequesta might consider contributing approximately $25, 000 in the area under the bridge, but should not make any commitment until the cost of the line through the Village was known. Similar comments were made by the other Councilmembers. Councilmember Mackail r VILLAGE COUNCIL MEETING MINUTES FEBRUARY 12, 1998 PAGE 11 stated he wanted to see a coordinated plan between Jupiter, Tequesta, Palm Beach County, and FEC Railway which would bring this matter to a conclusion without each municipality suffering consequences. Village Manager Bradford commented that the contribution made by Jupiter Inlet District was partly Tequesta' s money. Mayor Schauer passed the gavel to Vice Mayor Hansen. Motion was made by Mayor Schauer authorizing the Village Manager to write a letter to the Town of Jupiter stating that until Tequesta had a complete scenario from A to Z of where the power lines were going Tequesta was not going to make any financial commitment to anything until Tequesta's part was known and asking if Jupiter would like to participate in cost sharing for the Village Tequesta. The motion was seconded by Councilmember Cameron. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Alexander W. Cameron - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted. Vice Mayor Hansen commented that in his opinion the cost of overhead lines of $135, 000 was totally out of proportion to the cost of placing the transmission lines underground, which cost ten times that amount. Village Manager Bradford verified that the cost was based on a bid. B) Resolution No. 9-97/98 - Approving an Interlocal Agreement Between the Town of Jupiter and the Village of Tequesta for Joint Funding of the Routine Maintenance of Dover Ditch and Authorizing the Mayor to Execute the Same on Behalf of the Village. (Staff Recommends Approval) VILLAGE COUNCIL MEETING MINUTES FEBRUARY 12, 1998 PAGE 12 Village Manager Bradford explained that Tequesta had filed a petition for Administrative Hearing to stop Jupiter from moving forward with their drainage improvement plans for Riverside Drive area because they had not secured permission from the Village to increase the discharge to Dover Ditch. Since that time, an agreement had been worked out with the Town of Jupiter, breaking into percentages the total amount of permitted discharge to Dover Ditch, which came to 40% for Jupiter and 60% for Tequesta, based upon the permit from South � I Florida Water Management District and Tequesta's previous permit. The Village Manager explained that under the agreement the Village would continue to manage the ditch per the requirements set by Palm Beach County in 1979, and third party contracts would continue to be used to dO the landscaping maintenance to maintain the area and the banks which currently cost $800 per month, of which Jupiter would now pay 40%. If the agreement was approved by the Village Council, the petition for Administrative � I Hearing would be withdrawn. Mayor Schauer questioned whether Jupiter must agree on the maintenance company, to which the response was negative. Village Manager Bradford explained that a quarterly contract was now in effect with Rood Landscape Company which was billed on a monthly basis, and that fot any large maintenance costs in the future such as, for example, bank stabilization, Jupiter would pay 40%. During ensuing discussion, Councilmember Capretta commented that the Village must keep an eye on the area to be sure a larger problem did not develop, such as erosion washing away the back yards of the landowners who lived along the ditch. Director of Public Works and Recreation Gary Preston explained that the Seabrook project had reduced the amount of water going into the ditch; and that Rood mowed the banks twice a month except in winter when they mowed once a month, ! ; also applied herbicides and pesticides, and made the Village aware of any problems. Hr. Preston explained that the Village checked the area once a month. Mr. Preston commented that in the event of a major flood f VILLAGE COUNCIL MEETING MINUTES FEBRUARY 12, 1998 PAGE 13 there could be damage to the banks since the ditch was designed as an outfall system. In response to Councilmember Mackail, Mr. Preston commented that the Riverside Drive drainage project was coordinated between Jupiter and Tequesta in regard to Dover Ditch. Vice Mayor Hansen questioned whether weirs had been built to prevent salt water intrusion. Mr. Preston explained that the weirs should be finished within two months. Councilmember Capretta commented that the agreement should be approved but the Village should set up a procedure to make a major inspection of the ditch quarterly. Village Attorney Randolph read Resolution No. 9-97/98 by title only. Councilmember Mackail made a motion to approve Resolution No. 9-97/98. The motion was seconded by Vice Mayor Hansen. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen for Alexander W. Cameron - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted. C) Resolution No. 10-97/98 - Expressing the Village Councils Vigorous Opposition to House Bill 3291 Which is Sometimes Cited as the "Telecommunications Rights-of-Way Act" or Any Similar Legislation Since Such Act or Legislation Would Have Significant Adverse Impacts with Regard to a Local Government's Authority Over its Public Rights-of-Way as Well as Its Authority Over Telecommunications Providers Who May Wish to Utilize Same; Providing for Distribution of this Resolution; Providing an Effective Date; and For Other Purposes. (Staff Recommends Approval) VILLAGE COUNCIL MEETING MINUTES FEBRUARY 12, 1998 PAGE 14 Village Manager Bradford explained that there was a move afoot in the State of Florida via the introduction of House Bill 3291, also known as the Telecommunications Rights-of-Way Act, to limit municipal regulation of telecommunications usage of municipal rights-of-way and limiting the franchise fees that cities collect from such telecommunications providers for the use of such rights- of-way. Village Manager Bradford explained that from the municipal perspective, this was an ill-advised Bill because it was a usurpation of local government regulatory rights and would impose drastic revenue reductions for all municipalities, including Tequesta, imposing franchise fees on telecommunications providers utilizing rights-of-way within their jurisdiction. If franchise fees from telecommunications providers were reduced or done away with, this would negatively impact Tequesta' s revenue flow which Could only be augmented with a commensurate increase in property taxes. Furthermore, a reduction in the same could effect the revenues pledged or intended to be pledged in future bond issues since this source of revenue was a significant non-ad valorem revenue source for Tequesta. The Village Manager explained that these franchise fees were typically used to pay back the principal and interest due on revenue bonds. Village Manager Bradford reported that he had recently communicated with Representative Sharon Merchant, a member of the Utilities and Communications Committee which considered House Bill 3291, and Resolution 10-97/98 had been modeled after a resolution recently adopted by the Palm Beach County Municipal League in opposition to the Telecommunications Rights-of- Way Act. Councilmember Mackail explained that the feeling of the Municipal League was that this was another unfunded mandate and that hometown rule was very important. Village Manager Bradford responded to Councilmember Cameron that he never heard back from Representative Merchant. Councilmember Capretta expressed his opinion that the telecommunications industry must separate the problem of allowing themselves