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HomeMy WebLinkAboutDocumentation_Regular_Tab 5B_1/16/1992 -31413 d. (:47 ►��� VILLAGE OF TEQUESTA • ' ' Post Office Box 3273 • 357 Tequesta Drive �� Tequesta, Florida 33469-0273 • (407) 575-6200 FAX: (407) 575-6203 VILLAGE OF TEQUESTA VILLAGE COUNCIL MEETING MINUTES D E ‘C E M B E R 1 9 , 1991 , I. The Tequesta Village Council held a regularly scheduled meeting at the Village Hall, 357 Tequesta Drive, Tequesta, Florida, on Thursday, December 19, 1991. The meeting was called to order at 7 : 00 P.M. by Mayor Joseph N. Capretta. A roll call was taken by the Recording Secretary. Councilmembers present were: Mayor Joseph N. Capretta, Vice- Mayor Ron T. Mackail, Edward C. Howell, William E. Burckart and Earl L. Collings. Village Officials present were: Village Manager Thomas G. Bradford, Joann Manganiello, Village Clerk, and Bill Kascavelis, Finance Director. Department Heads and John C. Randolph, Village Attorney, were also in attendance. II. INVOCATION AND PLEDGE OF ALLEGIANCE Mayor Joseph Capretta gave the Invocation and led those in attendance to the Pledge of Allegiance to the American Flag. III. APPROVAL OF AGENDA Vice Mayor Mackail moved to approve the Agenda as submitted. Councilmember Burckart seconded the motion. The vote on the motion was: Edward C. Howell - for William E. Burckart - for Ron T. Mackail - for ' Joseph N. Capretta - for Earl L. Collings - for the motion was therefore passed and adopted and the Agenda was approved as submitted. Village Council Meeting Minutes December 19, 1991 Page 2 IV. CONSENT AGENDA All items listed with an asterisk (*) are considered routine and will be enacted by one motion. V. APPROVAL OF MINUTES AND REPORTS *A) Community Appearance Board - October 23, 1991 *B) Community Appearance Board - November 6, 1991 *C) Code Enforcement Board - September 3, 1991 *D) Village Council Meeting - November 21, 1991 *E) Village Manager' s Report - November 18-December 13, 1991 Councilmember Collings moved to approve the Consent Agenda as submitted. Councilmember Burckart seconded the -motion. The vote on the motion was: William E. Burckart - for Edward C. Howell - for Ron T. Mackail - for Joseph N. Capretta - for Earl L. Collings - for the motion was therefore passed and adopted and the Consent Agenda was approved as submitted. VI. DEVELOPMENT MATTERS A) Special Exception Public Hearing - Review of an Application for Special Exception Use, (Accessory Pre- School Facility) Within the R-1A Single-Family Dwelling District of the Village of Tequesta By the First United Presbyterian Church, 482 Tequesta Drive. Reverend Dr. C. Patrick Shaffer. Ms. Joanne Seaway, representative for the First United Presbyterian Church, explained the Church's application for a special use exception. Ms. Seaway stated that for the last 20 years the Church has been running a pre-school on Tuesdays and Thursdays. This subject matter came to the attention of the HRS of Florida who submitted a requirement form which all pre-schools must fill out. A line item on that form states Village Council Meeting Minutes December 19, 1991 Page 3 that the Village of Tequesta must sign off showing that the pre-school is a proper use of the property. Presently it is not proper use of the property under Village Codes; therefore, a special exception is being sought to meet that requirement. Councilmember Collings moved that the application for Special Exception be approved as submitted. Councilmember Burckart suggested that the Church be reimbursed for their Special Exception filing fee to the Village. Councilmember Collings amended his motion by stating that the application for Special Exception be approved as submitted, with full reimbursement to the applicant of the Special Exception Filing Fee ($250) . Councilmember Burckart seconded the motion. The vote on the motion was: William E. Burckart - for Edward C. Howell - for Ron T. Mackail - for Joseph N. Capretta - for Earl L. Collings - for the motion was therefore passed and adopted. B) Site Plan Review For Free-Standing Sign at County Line Plaza, 500-728 U.S. Highway One. Steven Yost, Sign Graphics of Florida East. Councilmember Burckart stated he must abstain from this issue because of Conflict of Interest and filed same with the Village Clerk. Steve Yost was in attendance as representative, and stated that this issue has already been approved by the Community Appearance Board. Village Manager Bradford stated that the sign has received the approval of the Village Building Official. Village Council Meeting Minutes December 19, 1991 Page 4 Vice Mayor Mackail moved to approve the application as submitted. Councilmember Collings seconded the motion. The vote on the motion was: Edward C. Howell - for Ron T. Mackail - for Joseph N. Capretta - for Earl L. Collings - for the motion was therefore passed and adopted. C) Consideration of Approval For a Temporary Outdoor Event (Great American Circus) at County Line Plaza, 500-728 U.B. Highway One. Cindy Masterson, Representative for Allan C. Hill Entertainment Corp. Councilmember Burckart abstained from this issue because of Conflict of Interest and filed same with the Village Clerk. Cindy Masterson, agent for Great American Circus, explained that this would take place on January 29 with two shows (one at 5: 00 p.m. and one at 8 : 00 p.m. ) , will be enclosed in a tent, with animals in enclosures. Tequesta Police have been contacted, extra security and parking have been arranged. There is an insurance policy, with $1 million liability, which covers this event. Management of the County Line Plaza has approved this event. Village Manager Bradford explained that specific conditions required by the Village are: 1) Requirement for off-duty detail police officers; 2) approval of retailers at that location; 3) Council should determine whether it is in the interest of the Village to require that the insurance policy name the Village as an additionally insured for any liability. • Attorney Randolph felt the requirement that the Village be named as insured on the insurance policy was a reasonable request. Cindy Masterson stated she would arrange for that. Mayor Capretta felt the charity for the event should be the Friends of the Library for Palm Beach County designated specifically to the Tequesta Branch for children's books. Village Council Meeting Minutes December 19, 1991 Page 5 Councilmember Collings moved to approve the Temporary Outdoor Event at County Line Plaza for January 29, conditioned upon 1) requirement for off-duty detail police officers; 2) approval of retailers at that location; 3) Council 's determination that it is in the interest of the Village to require that the insurance policy name the Village as an additionally insured for any liability. Councilmember Howell seconded the motion. The vote on the motion was: Edward C. Howell - for Ron T. Mackail - for Joseph N. Capretta - for Earl L. Collings - for the motion was therefore passed and adopted. Council suggested that Village Manager Bradford choose a charity to which the required donation should be made for this event. Mr. Bradford indicated he would pursue Mayor Capretta' s suggestion in this regard. VII. APPOINTMENTS *A) Consideration of Re-appointment of John Turner to a New Three-Year Term Expiring on December 31, 1994, as a Regular Member of the Board of Adjustment. (Staff Recommends Approval) . " 1 VIII. NEW BUSINESS , A) Resolution No. 3-91/92 - Expressing Appreciation and Thanks to Building Inspector George Silvers for His Service to the Village of Tequesta Upon His Retirement. (Staff Recommends Approval) . Village Manager Bradford called for George Silvers and read Resolution No. 3-91/92 , and presented Mr. Silvers a token of the Village's appreciation. Mr. Silvers expressed his thanks and appreciation to the Village. Village Council Meeting Minutes December 19, 1991 Page 6 Councilmember Burckart moved to approve Resolution No. 3- 91/92 as submitted. Councilmember Collings seconded the motion. The vote on the motion was: William E. Burckart - for Edward C. Howell - for Ron T. Mackail - for Joseph N. Capretta - for Earl L. Collings - for the motion was therefore passed and adopted. B) Resolution No. 4-91/92 - Voting to Repeal Article VII (Countywide Planning Council) of the Charter of Palm Beach County, Florida; Urging Support From Other Local Governments; Providing for Distribution; and Providing an Effective Date. (Staff Recommends Approval) . Village Manager Bradford explained that the Planning Council concept was approved by 51% of the voters in 1986, showing no overwhelming support for the concept. Most cities were against the countywide planning concept, and still are. However, ultimately, most cities accepted the concept as long as the scope and authority of the Planning Council could be limited, and it was originally limited to the Comprehensive Future Land Use element of Palm Beach County and to resolve the inter-jurisdictional incompatibilities. After 2-3 years and $5 million taxpayers monies, the Board and its staff began to interpret that the Comprehensive Land Use Elements should be broad. Municipalities wanted the specific interpretation. Three municipal representatives were removed from the Municipal League for failing to 'tow the company line' relative to the limited scope philosophy. Eighteen municipalities initially voted to sunset this Planning Council. Presently 28 out of the 37 voting municipalities have voted to sunset the Council. The County has since taken the position that the Council should be abolished. In its place however, the County Commission wants to, in 1992, hold a Referendum which will place countywide planning powers in their control . Village Council Meeting Minutes December 19, 1991 Page 7 It was Mr. Bradford' s recommendation that the Village Council adopt Resolution No. 4-91/92 to sunset the Planning Council. He foresaw that 1992 would be a struggle between municipalities and county. Attorney Randolph read Resolution No. 4-91/92 by Title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, PURSUANT TO SECTION 7 .19 OF THE CHAPTER OF PALM BEACH COUNTY, FLORIDA, VOTING TO REPEAL ARTICLE VII (COUNTYWIDE PLANNING COUNCIL) OF THE CHARTER OF PALM BEACH COUNTY, FLORIDA; URGING SUPPORT FROM OTHER LOCAL GOVERNMENTS; PROVIDING FOR DISTRIBUTION; AND PROVIDING AN EFFECTIVE DATE. ' Councilmember Collings moved to approve Resolution No. 4- 91/92 . Vice Mayor Mackail seconded the motion. The vote on the motion was: William E. Burckart - for Edward C. Howell - for Ron T. Mackail - for Joseph N. Capretta - for Earl L. Collings - for the motion was therefore passed and adopted. Vice Mayor Mackail asked for suggestions on how to best educate Village residents concerning the County's proposed 1992 Referendum to take away home rule boundaries. Councilmember Collings felt that the transmitting of the above-referenced Resolution should be done via a letter stating the Village's position on the proposed Referendum. Councilmember Burckart supported that suggestion. Mayor Capretta concurred. Vice Mayor Mackail asked how this would effect the Village's preparation of their annual Comprehensive Plan. Attorney Randolph stated it would have no effect. Village Council Meeting Minutes December 19, 1991 Page 8 C) Resolution No. 5-91/92 - Amending the Fiscal Year 1991/1992 Budget to Provide for Carryover Encumbrances for Various Water Department Capital Projects. (Staff Recommends Approval) . Village Manager Bradford stated that last year' s budget included two projects: 1) Telemetry Project which allows the monitoring and control of well sites from the Treatment Plant. This Project needs an allocation of $10, 195 for software and installation. This was approved by Village Council in August, 1990 but in the interim the Purchase Order has run out and is no longer valid and the money was not spent. Now with the software scheduled to arrive in mid-January 1992, the Budget needs to be amended to provide those funds; and 2) Old Dixie Water Main work, needed to accommodate the new road. The total Budget allocation was $160, 000, which included all engineering, contract amount, plus a small contingency. Only $84 , 000 was allocated for FY 92 Budget, which needs to be increased to $148, 050 to fulfill all unexpected obligations at this time. Mr. Bradford explained that Old Dixie Highway construction is expected to be completed in March 1992 . Councilmember Collings moved to approve the new proposed allocation of $148, 050. Vice Mayor Mackail seconded the motion. The vote on the motion was: William E. Burckart - for Edward C. Howell - for Ron T. Mackail - for Joseph N. Capretta - for Earl L. Collings - for the motion was therefore passed and adopted. Attorney Randolph read Resolution No. 5-91/92 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, 1991."" Village Council Meeting Minutes December 19, 1991 Page 9 D) Ordinance - First Reading - Creating the Tequesta Police Department Off-Duty Detail Policy. (Staff Recommends Approval) . Village Manager Bradford explained that the most obvious location for off-duty detail work is at St. Jude's Church on U.S. Highway One during church services. From time to time officers are asked to do such special duty detail work and the Village accommodates those requests, for which the special duty officer is paid $15-$20 per hour. The benefit of this to the Village is that scheduled police officers do not have to be diverted from routine duties, and it offers a way for officers to augment their income. Because of this informal program, liability is not clear in the event the special duty detail officer is hurt while providing special services. The above-referenced Ordinance creates a formalized off-duty detail program, clarifying that Workers Compensation liability is the responsibility of the Village, but the cost of this necessary insurance is charged to the person or entity requesting the off-duty service. Councilmember Collings felt that Section c) was too general and ought to state specifically that auto insurance be included in vehicle use rates. Mr. Bradford stated he needed to add and clarify the time that the officer spends in these off-duty services shall not be construed as overtime, but a volunteer rotational system. Attorney Randolph read the Ordinance by Title: "AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, PALM BEACH COUNTY, ESTABLISHING POLICIES AND PROCEDURES FOR THE ADMINISTRATION OF OFF-DUTY POLICE SERVICES; PROVIDING FOR RULES AND REGULATIONS APPLICABLE TO OFF-DUTY POLICE SERVICES; PROVIDING FOR APPLICATION PROCEDURES; ESTABLISHING CHARGES FOR SERVICES TO BE PROVIDED; PROVIDING FOR DEPOSIT OF SERVICE CHARGES COLLECTED; PROVIDING FOR COMPENSATION OF POLICE OFFICERS; PROVIDING FOR PROHIBITION OF CERTAIN COMPENSATION; PROVIDING FOR THE STATUS OF POLICE OFFICERS PERFORMING OFF- DUTY POLICE SERVICES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE." Village Council Meeting Minutes December 19, 1991 Page 10 Councilmember Burckart moved to approve the above-referenced Ordinance with the addition of Councilmember Collings comments that Section c) shall specify auto insurance is to be included in the charges for the use of Village vehicles and the addition of Mr. Bradford' s comments that these off-duty services shall not be construed as overtime. Councilmember Collings seconded the motion. The vote on the motion was: William E. Burckart - for Edward C. Howell - for Ron T. Mackail - for Joseph N. Capretta - for Earl L. Collings - for the motion was therefore passed and adopted. IX. UNFINISHED BUSINESS A) Ordinance No. 431 - Amending Section 10-18 of the Code of Ordinances Relating to Unlawful Growth; Providing For Severability; Providing for Repeal of Ordinances In Conflict; Providing for Codification; Providing An Effective Date. (Staff Recommends Approval) . Attorney Randolph gave the Second Reading of Ordinance No. 431. Mr. Bradford explained this is merely a re-write of the existing Ordinance for the purpose of clarification. Item (f) , having to do with environmentally sensitive lands, has been added at the direction of the Village Council. Councilmember Collings moved to approve the Second Reading of Ordinance No. 431. Vice Mayor Mackail seconded the motion. The vote on the motion was: • William E. Burckart - for Edward C. Howell - for Ron T. Mackail - for Joseph N. Capretta - for Earl L. Collings - for the motion was therefore passed and adopted. Village Council Meeting Minutes December 19, 1991 Page 11 B.) Ordinance No. 432 - Amending Chapter 10 of the Code of Ordinances Relating to Health and Sanitation, By Creating Section 10-26 to Prohibit Overhanging Limbs or Branches, Permitting the Village to Remove Such Impediments and Providing for the Placement of Liens; Creating Section 10-27 to Require Clearance Above Sidewalks, Bike Trails and Roadways; Providing for Severability; Providing For Repeal of Ordinances in Conflict; Providing for Codification; Providing For an Effective Date. (Staff Recommends Approval) . Attorney Randolph read Ordinance No. 432 by Title: "AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING CHAPTER 10 OF THE CODE OF ORDINANCES RELATING TO HEALTH AND SANITATION, BY CREATING SECTION 10-26 TO PROHIBIT OVERHANGING LIMBS OR BRANCHES, PERMITTING THE VILLAGE TO REMOVE SUCH IMPEDIMENTS AND PROVIDING FOR THE PLACEMENT OF LIENS; CREATING 10-27 TO REQUIRE CLEARANCE ABOVE SIDEWALKS, BIKE TRAILS AND ROADWAYS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE." Mr. Bradford confirmed that the language referring to Coconut Palms has been removed from the Ordinance. Vice Mayor Mackail moved to approve Ordinance No. 432. Councilmemb-er Collings seconded the motion. The vote on the ,motion was: William E. Burckart - for Edward C. Howell - for Ron T. Mackail - for Joseph N. Capretta - for Earl L. Collings - for the motion was therefore passed and adopted. X. COMMUNICATIONS FROM CITIZENS There were no communications from citizens. Village Council Meeting Minutes December 19, 1991 Page 12 XI. ANY OTHER MATTERS A) Mayor Capretta stated that several citizens have approached him with questions regarding the appearance of the southeast corner of Tequesta Drive and U.S. Highway One, and why it does not look as well kept as the other three parts of that corner. Mr. Bradford explained that that portion of this corner is owned by three different groups: State of Florida; Village Square Shopping Center; and the Waterway Village Homeowners Association. That is also one of the bigger utility junctions north of the River. However, an approach as to how to make that corner a better looking one is being pursued. B) Mayor Capretta reported that the Solid Waste Authority is proposing to move forward with the volume based rates system for trash pick-up. A Task Force has been formed to work out details. Each municipality will be questioned as to what their choice will be. The third week of March 1992 the Solid Waste Board will meet to finalize the volume-based rates and the split assessment issue under discussion. Mayor Capretta suggested that the Village hold a Public Hearing to properly inform the public on these issues and to be certain they thoroughly understand the issue. Mayor Capretta suggested the issue be mentioned in the Village Newsletter. C) Jim Pilz stated he favors annexation and still pushes for residents on Beach Road to consider annexation to include their location. Mr. Pilz felt the Village might be setting a sorry precedent by allowing the Great American Circus to take place in the Village. He also felt the auto dealership at the County Line Plaza location, which started out to be simple, is now out of control. He felt the Village should take a look at the long-range effect of these decisions. Village Council Meeting Minutes December 19, 1991 Page 13 XII. ADJOURNMENT Councilmember Burckart moved to adjourn the meeting. Councilmember Collings seconded the motion. The vote on the motion was: Edward C. Howell - for William Burckart - for Ron T. Mackail - for Joseph N. Capretta - for Earl L. Collings - for the. motion was therefore passed and adopted and the meeting • was adjourned at 8: 10 P.M. Respectfully submitted, Fran Bitters Recording Secretary ATTEST: Joann Manganiello Village Clerk DATE APPROVED: