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HomeMy WebLinkAboutDocumentation_Regular_Tab 5B_6/24/1993 i ----T f� e VILLAGE OF TEQUESTA Post Office Box 3273 • 357 Tcquesta Drive Tcquesta,Florida 33469-0273 • (407)575-6200 'N „ Fax: (407)575-6203 -,A o RCN d„, VILLAGE OF TEQUESTA VILLAGE COUNCIL MEETING MINUTES JUNE 10 , 1 9 9 3 I. The Tequesta Village Council held a regularly scheduled meeting at the Village Hall, 357 Tequesta Drive, Tequesta, Florida, on Thursday, June 10, 1993. The meeting was called to order at 7:00 P.M. by Mayor Ron T. Mackail. A roll call was taken by Fran Bitters, the Recording Secretary. Councilmembers present were: Mayor Ron T. Mackail, Joseph N. Capretta, and Liz Schauer. Vice Mayor William E. .Burckart and Councilmember Earl L. Collings were not in attendance. Village Officials present were: Village Manager Thomas G. Bradford, and Village Clerk, Joann Manganiello. Department Heads and Village Attorney John C. Randolph were also in attendance. II. INVOCATION AND PLEDGE OF ALLEGIANCE Mayor Ron T. Mackail gave the Invocation and led those in attendance to the Pledge of Allegiance to the American Flag. III. APPROVAL OF AGENDA o Councilmember Capretta asked to add two items under ANY OTHER MATTERS: 1) Legal ability to close Country Club Drive; and 2) surtax on Martin County residents on the Tequesta Water System. o Village Manager Bradford asked to add under ANY OTHER MATTERS: Encon Board Meeting, scheduled for June 22, 1993, regarding a low pressure sewer system. Councilmember Schauer moved to approve the Agenda as amended. Councilmember Capretta seconded the motion. The vote on the motion vas: Ron T. Mackail - for Joseph N. Capretta - for Lis Schauer - for the motion vas therefore passed and adopted and the Agenda vas approved as amended. Recycled Paper , village Council Meeting Minutes June 10, 1993 Page 2 IV. CONSENT AGENDA All Items listed with an asterisk (*) are considered to be routine and will be enacted by one motion. V. APPROVAL OF MINUTES *A) Community Appearance Board, April 28, 1993 *B) Village Council Meeting, May 27, 1993 *C) Village Manager's Report, May 24-June 4, 1993 Councilmember Capretta moved to approve the Consent Agenda as submitted. Councilmember Schauer seconded the motion. The vote on the motion was: Ron T. Mackail - for Joseph N. Capretta - for Lis Schauer - for the motion was therefore passed and adopted and the Consent Agenda was approved as submitted. VI. COMMITTEE REPORTS A) Finance & Administration Committee Meeting, May 21, 1993: Village Manager Bradford reported that the number one item of discussion at this meeting was the proposed finance plan for bonding of capital expenditures necessary in the Village. A projected millage rate was reviewed, in the event this money is secured. The Bond Issue is expected to be $3,050,000 with an average annual new debt service of $230,000/year. The millage rate increase would be .3053 mills, a 5.17% increase. The Bond would cover the following projects: o Dover Ditch $826,850 o Tequesta Drive Sidewalk 70,000. o Tequesta Park - Parking Lot Paving & Landscaping 145,000 Playground Improvements 85,000 - New Ballfields & Lighting 215,000 Parking Lot Expansion 80,000 o Constitution Park Expansion of Facilities 135,000 o Fire Department Trucks 616,800 Village Council Meeting Minutes June 10, 1993 Page 3 Mr. Bradford reported that Mr. Collings had asked to have related to Council that the most important thing Council should keep in mind with the Bond Issue is to separate what it is that the Village wants from what it is the Village truly needs, feeling that one of the most urgent needs is to address inadequacies in recreational facilities. Vice Mayor Burckart concurs. Councilmember Schauer moved to approve the Finance & Administration Committee Meeting Minutes of May 21, 1993 as submitted. counoilmember Capretta seconded the motion. The vote on the motion was: Ron T. Mackail - for Joseph N. Capretta for Lis Schauer - for the motion was therefore passed and adopted and the Finance & Administration Committee Meeting Minutes of- May 21, 1993 were approved as submitted. B) Public Works Committee Meeting, May 25, 1993: Village Manager Bradford reported this meeting was held. to review the proposed Gallery Square North right-of-way project, the parking lot improvements and cost estimates for same. Richard Staudinger of Gee & Jenson was in attendance to, review the project before the Committee. Discussions took place regarding the different , costs for each items, mailbox relocation, the attempt of the property owners to enhance the landscaping in the parking lot, to seal and stripe the parking lot. After reviewing the project, the Committee recommended that Council approve the plans as submitted. Councilmember Schauer moved to approve the Public Works Committee Meeting Minutes of May 25, 1993 as submitted. Counoilmember Capretta seconded the motion. The vote on the motion was: Ron T. Mackail - for Joseph N. Capretta - for Lis Schauer - for the motion was therefore passed and adopted and the Public Works Committee Meeting Minutes of May 25, 1993 were approved as submitted. Village Council Meeting Minutes June 10, 1993 Page 4 VII. DEVELOPMENT MATTERS A) Review of Gallery Square North Landscaping and Tequesta Drive Right-of-Way Improvements Joint Project at Gallery Square 4 North. 1. Review of Project In attendance in representation of the application were Richard Staudinger of Gee & Jenson, and Cyrese Colbert. Richard Staudinger reviewed the project. He explained that $28,953 is the cost to the Village for improvements in the Village right-of-way, which include: Curb and gutter, concrete sidewalk, handicap ramp, curb cuts, striping, pavement and concrete removal. Gallery Square costs of improvements ($14,770) include: entrance alterations from double to single, asphalting, curbing, striping and sealing, and pavement removal. 2. Consideration of Project Agreement Between the Village and Gallery Square North Shopping Center Property Owners for Project Construction and Payment Responsibility. (Staff Recommends Approval) . Councilmember Capretta inquired as to the ownership of the parking lot at Gallery Square North. Having explained that ownership belongs to the Village of Tequesta, Village Manager Bradford explained the process through which the parking lot could be transferred to the shopping center property owners: the Village could abandon the parking lot and the abutting property owners would take control of their, percentage share of the parking lot. Since the Village is one of the abutting property owners, the Village could then relinquish its remaining ownership to the other owners to make it theirs one hundred percent. Cyrese Colbert explained that years ago, before Mr. Hart left the employ of the Village, there existed an agreement between the Village of Tequesta and the property owners at Gallery Square, North, though that agreement has never been located. The property owners, therefore, are desirous of having an agreement to eliminate any confusion regarding the parking lot. Mrs. Colbert stated that this is not the only private property for which improvements are made with taxpayers monies. Councilmember Capretta asked Mrs. Colbert to present to him a list of those other private properties which are maintained or improved with taxpayers monies. Village Council Meeting Minutes June 10, 1993 Page S Councilmember Schauer moved to approve the project agreement between the Village and Gallery Square North Shopping Center Property Owners for project construction and payment responsibility as submitted. Councilmember Capretta seconded the motion. The vote on the motion was: Ron T. Mackail - for Joseph N. Capretta - for Lis Schauer - for the motion was therefore passed and adopted. 3. Consideration of Bid Award to Wynn Construction Company of Lake Worth, Florida, in the Amount of $43,723. (Staff Recommends Approval). Councilmember Schauer moved to approve the bid award to Wynn Construction Company of Lake Worth, Florida, in the amount of $43,723 as submitted. Councilmember Capretta seconded the motion. The vote on the motion was: Ron T. Mackail - for Joseph N. Capretta - for Lis Schauer - for the motion was therefore passed and adopted. VIII. NEW BUSINESS A) Resolution No. 9-92/93 - Providing for Amendments to the Village Budgets Adopted for the Fiscal Year Commencing October 1, 1992. (Staff Recommends Approval) . Village Manager Bradford explained that this Resolution amends the FY 93 Fire/Rescue Department Budget to: o provide additional funds contemplated for start-up of a four man per shift Department. The new Fire/Rescue budget for this current fiscal year will be $394,545, an increase of $49,955 over the previous allocation of $344,590; o allocates the proceeds of the recent confiscated vehicle sale to the Law Enforcement Trust Fund for the Chief's desired purchase of radio equipment; Village Council Meeting Minutes June 10, 1993 Page 6 o amends the Capital Improvement Fund to fund cost increases to the Village Hall re-roofing job; and o for the Gallery Square North right-of-way project. Attorney Randolph read Resolution No. 9-92/93 by Title: "A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, PROVIDING FOR AMENDMENTS TO THE VILLAGE BUDGETS ADOPTED FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 1992." Councilmember Schauer moved to approve Resolution No. 9-92/93. Councilmember Capretta seconded the motion. The vote on the motion was: Ron T. Mackail - for Joseph N. Capretta - for Lis Schauer - for the motion was therefore passed and adopted. B) Resolution No. 10-92/93 - Approving the Request of the Fire Chief's Association of Palm Beach County for Funds ($410.00) from the Palm Beach County Emergency Medical Services Awards Program for the Mobile Communications Center to be operated by Palm Beach County Fire/Rescue. (Staff Recommends Approval) . The Fire Chief's Association of Palm Beach County has requested that Tequesta it's percentage share of total funding ($410) for the proposed Countywide Mobile Communications Center providing emergency communications in the event of a natural or civil disaster. Palm Beach County Fire Rescue will maintain the Center, but it can be used by any Department for training and actual use. Attorney Randolph read Resolution No. 10-92/93 by Title: "A RESOLUTION OF THE VILLAGE COUNCIL OF. THE VILLAGE OF TEQUEBTA, PALM BEACH COUNTY, FLORIDA, APPROVING THE REQUEST OF THE FIRE CHIEF'S ASSOCIATION OF PALM BEACH COUNTY FOR FUNDS FROM THE PALM BEACH COUNTY EMERGENCY MEDICAL SERVICES AWARDS PROGRAM TO BE USED FOR A MOBILE COMMUNICATIONS CENTER TO BE OPERATED BY PALM BEACH COUNTY FIRE/RESCUE." Village Council Meeting Minutes • June 10, 1993 Page 7 Councilmember Schauer moved td approve Resolution No. 10-92/93. Councilmember Capretta seconded the motion. The vote on the motion was: • Ron T. Mackail - for Joseph N. Capretta - , for Liz Schauer - for the'motion was therefore passed and adopted. C) Resolution No. 11-92/93 - Approving the Application of North • County Ambulance, Inc. , for Funds ($651.00) from the Palm Beach County Emergency Medical Services Awards Program to be used for the Improvement and Expansion of S.M.S. Services within the Village. (Staff Recommends Approval) . Attorney Randolph read Resolution No. . 11-92/93 by Title: 'IA RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING THE APPLICATION OF NORTH COUNTY AMBULANCE, INC. , FOR FUNDS FROM THE PALM BEACH COUNTY MEDICAL SERVICES AWARDS PROGRAM TO BE USED FOR THE IMPROVEMENT AND EXPANSION OF S.M.B. SERVICES WITHIN THE VILLAGE." Councilmember Schauer moved to approve Resolution No. 11-92/93. Councilmember Capretta seconded the motion. The vote on the motion was: Ron T. Mackail - for Joseph N. Capretta - for Liz Schauer •• - for the motion was therefore passed and adopted. *D) Authorization for Mayor Ron T. Mackail to Execute the State • . of Florida Department of Revenue State Revenue Sharing Application for Fiscal Year 1993/94 on Behalf of the Village. (Staff Recommends Approval) . Approved under the Consent Agenda. E) Review of Proposed Projects, Financial Analysis and Millage Rate for Proposed Twenty-Year Revenue Bonds in the Aggregate Amount of $3,050,000. Village Council Meeting Minutes June 10, 1993 Page 8 The Bond Issue amount is $3,050,000 with an average annual new debt service of $230,000/year, a net increase of $100,000/year. The millage rate increase would be .3053 mills, a 5. 17% increase. The Bond would cover the following projects: o Dover Ditch $826,850 o Tequesta Drive Sidewalk 70,000 o Tequesta Park Parking Lot Paving & Landscaping 145,000 Playground Improvements 85,000 New Ballfields & Lighting 215,000 - Parking Lot Expansion 80,000 o Constitution Park Expansion of Facilities 135, 000 o Fire Department Trucks 616,800 Eight RFP responses were received through the Florida League of Cities Financial Services. Mayor Mackail stated he would like very much to see projections on ten-year financing, in-housing financing, and twenty-year financing, to study all alternatives for the fire trucks, Country Club Drive, etc. *F) Consideration of Bid Award for Fire Hose and Gaskets to Code Red Fire Equipment, Inc. , of Ocala, Florida, in the Total Amount of $22,758.30 Pursuant to the FY 1993 General Fund Budget having an Allocation of $26,905. (Staff Recommends Approval) . Approved under the Consent Agenda. *G) Consideration of Bid Award for Fire Hose Fittings, Nozzles and Adaptors to Ten-8 Fire Equipment Company of Bradenton, Florida, in the Amount of $17,982.72 Pursuant to the FY 1993 General Fund Budget having an Allocation of $17,985. (Staff Recommends Approval) . Approved under the Consent Agenda. Village Council Meeting Minutes June 10, 1993 Page 9 *H) Consideration of Bid Award to Jerry Hamm Chevrolet of Jacksonville, Florida, in the Amount of $12,414 for One (1) 1993 Police Cruiser Pursuant to the FY 1993 General Fund Budget having an Allocation of $15,000. (Staff Recommends Approval) . Approved under the Consent Agenda. *I) Consideration of Bid Award to Worley _ Roofing, Inc. , of Jupiter, Florida, for the Re-Roofing of Village Hall in the Amount of $40,680 Pursuant to the FY 1993 Capital Improvement Fund Budget Allocation of $42,000. (Staff Recommends Approval) . Approved under the Consent Agenda. IX. UNFINISHED BUSINESS A) Resolution No. 12-92/93 - Amending the Organisation of the Historical Commission of Tequesta Village by Creating an Executive Committee. (Staff Recommends Approval) . Councilmember Schauer stated that she had discussed the proposed changes to the organization of the Historical Commission with Chairman of the Historical Committee, Ethel Gravett. Ms. Gravett agreed with setting up an Executive Committee, but did not feel that the Committee should continue to meet past its termination date of September 1993. Attorney Randolph read Resolution No. 12-92/93 by Title: "A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING THE RESPONSIBILITIES OF THE HISTORICAL COMMISSION OF TEQUESTA VILLAGE SO AS TO CREATE AN EXECUTIVE COMMITTEE OF THE SAME." Councilmember Schauer moved to approve Resolution No. 12-92/93. Councilmember Capretta seconded the motion. The vote on the motion was: Ron T. Mackail - for Joseph N. Capretta - for Lis Schauer - for the. motion was therefore passed and adopted. • a Village Council Meeting Minutes June 10, 1993 Page 10 B) Report on Legal Options in Siegel Code Violation Matter. John C. Randolph, Village Attorney. Councilmember Schauer asked what the total amount was spent on legal fees for the above-reference case. Village Manager Bradford reported it was approximately $6,000. Attorney Randolph read for the Council the Judgment of the Court, and stated that, in his opinion, the reluctance of the Court to grant mandatory injunctive relief related the fact that the Judge found the violations to be violations of the Village's own Codes, and that the Village is in the process of going through a foreclosure on the property, and that the Court felt those were available to the Village and therefore felt uncomfortable in declaring this property condition a public nuisance. The Foreclosure case has not yet been set for trial. The Defendants have filed Counterclaims in both cases and have requested a trial by jury. The Foreclosure itself will be tried by the Court. Options available to the Village: o The Village Codes define unlawful growth and sets forth a process by which those violations can be abated, but the Ordinance would have to be followed specifically. o Hearing process before the Code Enforcement Board is made available. o Under its Building Code, the Village has the right to remove structures which are determined by the Building Official to be a hazard. o The Village has provision within its Zoning Code whereby a violation of setback codes as a misdemeanor. It was Attorney Randolph's suggestion that since fining the property owners seems to cause no positive response, perhaps the Building Official and the Code Enforcement Officer should once again look closely at the property to determine if there are nuisances there which should be abated by the Village, cautioning that the property, in two or three months after abatement, could return to its original condition of violation. Councilmember Capretta felt the Village ought just to go in and clean up the property. The Building Official pointed out that .if this route is chosen, the Village may have to go in every three months to clean up the property. He further pointed out that 99% of the time, violators bring their properties into compliance, and except for the property in question, the Village Code Enforcement Board is working properly. Village Council Meeting Minutes June 10, 1993 Page 11 Village Manager Bradford stated he would very soon have a report available to the Village Council showing all violations to the Village Codes and their resolution. X. COMMUNICATIONS FROM CITIZENS Pert Towne stated that with the boil water notice in effect for Monday through Wednesday, she had discovered some restaurants were still serving water and that not all restaurants were alerted and asked why. Tom Hall of the Water Department pointed out that the boil water notification was simply a precautionary measure. Under the guidelines established by the DER and the Palm Beach County Health Department, public notification constitutes. giving notification to all various media, but does not include door-to- door notification. Mr. Hall stated he had personally placed a call to the Personal Service Representatives in the Water Department, advising them, when they had time from answering the onslaught of phone calls relative to the boil water notice, to call local area restaurants. They did notify as many as they could. The only time door-to-door notification takes place is when there is a known contamination. Don Seep felt that a thorough analysis of the Code Enforcement Board activities would be good. He asked if any of the proposed work at Tequesta Park would be finished in time for the National Softball Championships to be held there. Gary Preston of Parks and Recreation stated that the work would not prepare the field in time for the Championships, but that it is listed as a backup field for those events. XI. ANY OTHER MATTERS o Councilmember Capretta asked the Village Attorney what the Village's legal posture would be if it wanted reduce the Country Club Drive right-of-way from 80 feet to 60 feet, and to close off Country Club Drive with a cul-de-sac or whatever. Attorney Randolph responded that the right-of-way issue could be done through an abandonment proceeding and that closing off Country Club Drive may be worth pursuing. The issue is presently being researched. P Village Council Meeting Minutes June 10, 1993 Page 12 o Counoilmember Capretta, in light of the recent court ruling regarding Jupiter's surtax on water, asked if it would be worth it to Tequesta to pursue a surtax on Martin County residents who are on the Tequesta water system. Attorney Randolph stated he did not completely understand the Court's ruling regarding the Jupiter case, but did understand that it was not binding on Martin County. That case, however, does set a precedent and may be worth using in pursuing a surtax with Martin County. o Village Manager Bradford reported that ENCON has a meeting scheduled for June 22 to take place at the Jupiter Activity Building at 7:00 p.m. , regarding the low pressure sewer system. Many citizens have asked the Village Council to be in attendance at that meeting to state citizen concerns. The Village Council concurred they should be in attendance. XI. ADJOURNMENT Councilmember. Schauer moved that the meeting be adjourned. Councilmember Capretta seconded the motion. The vote on the motion was: Lis Schauer - for Joseph N. Capretta - for Ron T. Mackail - for the motion was therefore passed and adopted and the meeting was adjourned at 9:03 P.M. Respectfully submitted, Fran Bitters Recording Secretary ATTEST: Joann Manganiello Village Clerk DATE APPROVED: