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HomeMy WebLinkAboutDocumentation_Regular_Tab 6B_4/11/1991 I" h , , _ . •• ,..,..: „.. VILLAGE OF TEQUESTA p • ehl , . Post Office Box 3273 • 357 Tequesta Drive r F Tequesta, Florida 33469-0273 • (407) 575-6200 s � = k� FAX: (407) 575-6203 CN COUNi VILLAGE OF TEQUESTA VILLAGE COUNCIL MEETING MINUTES MARCH 2 8 , 1 9 9 1 I. The Tequesta Village Council held a regularly scheduled meeting at the Village Hall, 357 Tequesta Drive, Tequesta, Florida, on Thursday, March 28, 1991. The meeting was called to order at 7:40 P.M. by Mayor Joseph N. Capretta. A roll call was taken by the Recording Secretary, Fran Bitters. Councilmembers present were: Mayor Joseph N. Capretta, Vice Mayor Ron T. Mackail, Earl L. Collings, William E. Burckart and Edward Howell. Village Officials present were: Village Manager, Thomas G. Bradford, Wendy Harrison, Assistant to Village Manager, Bill Kascavelis, Finance Director and Department Heads. Village Attorney, John C. Randolph, was also in attendance. II. APPROVAL OF THE AGENDA , Scott Ladd, Department Head for the Building Department, stated hei wanted to bring up an item under ANY OTHER MATTERS regarding construction sites. III. PUBLIC HEARING A) Ordinance No. 421 - First Reading - An Ordinance of the Village Council of the Village of Tequesta, Florida, Adopting Comprehensive Plan Amendments for the village of Tequesta in Accordance with the "Local Government Comprehensive Planning and Land Development Regulation Act" as Amended, Being Section 163.3161 et seq. , Florida Statutes and the Stipulated Settlement Agreement. , Recycled Paper • Village Council Meeting Minutes March 28, 1991 Page 2 Attorney gave the First Reading of Ordinance No. 421 by Title: "AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENTS FOR THE VILLAGE OF TEQUESTA IN ACCORDANCE WITH THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT" AS AMENDED BEING SECTION 163,3161 ET. SEQ. , FLORIDA STATUTES AND THE STIPULATED SETTLEMENT AGREEMENT; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Village Manager Bradford explained that the Local Planning Agency has recommended adoption by the Village Council of Ordinance No. 421. Councilmember Collings moved to adopt on First Reading Ordinance No. 421. Councilmember Burckart seconded the motion. The vote on the motion was: Mayor Capretta - for Vice Mayor Mackail - for Earl Collings - for William Burckart - for Edward Howell - for the motion was therefore passed and adopted. \ 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) Board of Adjustment; February 25, 1991 *B) Village Council Meeting; March 14, 1991 *C) Village Manager's Report; March 11 - March 22, 1991 Village Council Meeting Minutes March 28, 1991 Page 3 VI. COMMITTEE REPORTS *A) Finance and Administration Committee; March 14, 1991 Councilmember Burckart moved to approve the Consent Agenda as submitted. Councilmember Howell seconded the motion. The vote on the motion was: Village Manager Bradford explained that the Finance and Administration Committee recommends the budget reductions which are included on the budget amendment on this Agenda. Mayor Capretta - for Vice Mayor Mackail - for Earl Collings - . for William Burckart - for Edward Howell - for the motion was therefore passed and adopted. VII. DEVELOPMENT MATTERS A) Site Plan Review for Construction of Four (4) Concrete Block and Stucco Dumpster Enclosures. County Line Plaza, 500-728 D.B. Highway One. Scott Ladd updated Council on this matter: County Line Plaza some time ago was found in violation of Village Ordinances which require that dumpsters be screened. Tenants requested more dumpsters and Nichols Sanitation dropped those requested dumpsters off in required parking spaces. The owners of the Plaza went through the process of acquiring variances to allow the dumpsters to be placed there. Richard Johnson, Flagler Development & Realty, employed by Irving Gennett, Trustee in Bankruptcy for this Plaza, explained that 13 parking spaces have been used for additional dumpsters and now they are seeking to screen those dumpsters with block and stucco enclosures. Scott Ladd explained further that presently the $75,000 bond for the landscaping is being pursued which was in place to take care of the survivability of the landscaping and that Flagler Development & Realty is in full support of that pursuit. Village Council Meeting Minutes March 28, 1991 Page 4 Attorney Randolph explained that it is not known as of yet what will happen regarding the $75, 000 bond, and reminded Council to keep in, mind that that is an entirely separate matter from tonight' s subject of screening the dumpsters. He further explained that the people who are operating the property are attempting to bring the landscaping up to what was requested by Council. Mayor Capretta asked Mr. Johnson if he was able to brief Council on the status of the bankruptcy proceedings. Mr. Johnson answered that Flagler Development & Realty was employed as managing agent only and was not able to give an update on the status of the bankruptcy proceeding. Village Manager Bradford asked if the proposed enclosures would match the existing dumpster enclosures. Mr. Johnson answered affirmatively. Vice Mayor Mackail moved to approve the application for construction of four concrete block and stucco dumpster enclosures. Councilmember Howell seconded the motion. Councilmember Burckart announced he would abstain from voting due to past involvement with County Line Plaza. The vote on the motion was: Mayor Capretta - for Vice Mayor Mackail - for Earl Collings - for Edward Howell - for the motion was therefore passed and adopted. Mayor Capretta asked Scott Ladd to keep Council informed as to the landscaping at County Line Plaza. B) Site Plan Review for Demolition of a Portion of Existing Building, Reconstruction of the West Wall, Relocation of an Existing Free-Standing Sign. Nozzle Nolen Exterminators, 341 South Old Dixie Highway. Village Council Meeting Minutes March 28, 1991 Page 5 Scott Ladd reviewed for Council 's benefit the facts surrounding the above-referenced application, which came about as a result of condemnation of a portion of Mr. Nolen's property by virtue of the widening of Old Dixie Highway. This required two variances from the Board of Adjustment. In order to limit the impact on Mr. Nolen's building and not take any more from him than necessary, Mr. Nolen wanted to place the relocated building right at the right-of-way line, thereby violating the Village's 15-foot setback requirement. The same applies to his sign. Variances were granted for relocation of the sign and the building. Jane Hunston, Esq. , attorney for Mr. Nolen, and Charlie Wagner, contractor, were in attendance for this case. Attorney Hunston explained that Mr. Nolen is losing over 30% of his building, due to the road widening that is taking place there. In addition to requesting that theJ Site Plan be approved for cutting off a portion of the building which would encroach upon the widened road and relocation of the sign, Mr. Nolen is also requesting that he not be required to meet the Landscape Ordinance requirements at this time. Village Manager Bradford asked if any parking space would be lost by virtue of this taking. Attorney Hunston stated she was not losing any parking. Vice Mayor Mackail moved to approve the application as submitted. Councilmember Howell seconded the motion. Scott Ladd explained that the Minutes need to reflect that in ' addition to the Site Plan review, the approval is for a temporary Landscape Waiver. Vice Mayor Mackail amended his motion to reflect approval of requested temporary Landscape Waiver, pusuant to the applicant's application for Landscape Waiver. Councilmember Howell seconded the motion. The vote was: Mayor Capretta - for Vice Mayor Mackail - for Earl Collings - for William Burckart - for Edward Howell - for the motion was therefore passed and adopted. Village Council Meeting Minutes March 28, 1991 Page 6 VIII. NEW BUSINESS A) Resolution No. 12-90/91 - Providing for Amendments to the Village Budgets Commencing October 1, 1990. (Staff recommends approval) . Village Manager Bradford explained that this Budget Amendment incorporates the changes that the Finance and Administration Committee recommends to Council in order to address the projected revenue shortfall. Areas that revenues are impacted are in building permit revenues and state revenue sharing funds. The projects which have been recommended for deletion by the Committee are: Seabrook Road Drainage Project; Public Works Water Department Garage; Police Facility Space Needs Study - totaling $112, 000 in savings. To effect the impact to the water side of the equation would save expenditures on the garage at $540,000, totaling $652, 000. The establishment of a Law Enforcement Trust Fund is money which the Village receives from time to time, totaling approximately $1,500. These funds can only be spent on the recommendation of the Chief of Police. Vice Mayor Mackail asked if shortfalls are anticipated in the Fund Balance; Bill Kascavelis answered negatively. Mr. Bradford stated that we are still in a recession and incoming revenues must still be monitored. If the situation does not- remain steady or improve, staff will again approach Council for adjustments. ' Dorothy Campbell asked if there were any restrictions to or elimination of raises. Mr. Bradford answered that the subject is on the table for discussion for next Fiscal Year. Ms: Campbell questioned the 3% merit increase given to the Head of the Building Department. Attorney Randolph read by Title Resolution No. 12-90/91. Vice Mayor Mackail moved to approve Resolution No. 12-90/91. Councilmember Collings seconded the motion. The vote on the motion was: Mayor Capretta - for Vice Mayor Mackail - for Earl Collings - for William Burckart - for Edward Howell - for the motion was therefore passed and adopted. Village Council Meeting Minutes March 28, 1991 Page 7 Councilmember Burckart asked that at the next Budget Meeting consideration be given to the possibility of a smaller (1/3) projected cost Public Works Facility that might allow the expansion of the Police Department into the current Public Works Building for next Fiscal Year. Village Manager Bradford stated that would be considered. Mayor Capretta explained, for Ms. Campbell 's benefit, regarding merit increases, that the Village has a Budget from October to October. October 1990 the Village voted to give all employees a 3% merit increase - some received more, some less, but the average is 3%, on the employee 's anniversary date. However, a freeze was not implemented, since half the employee's anniversary dates fell later in the year. By virtue of the FOP contract, police officers receive 4%, and some in the non-contractual areas have received less than 3%. But this Fiscal Year, as far as general employees are concerned, a merit increase in excess of 3% has not been given to keep costs down. B) Consideration of Re-Appointment of Mrs. Ruth Maitland as an Alternate Member of the Community Appearance Board for a Term of One Year. (Staff recommends approval) . Lou Ann Hinds asked if any other candidates had applied for this position. Mr. Bradford explained there were three applications on file.. However, Mrs. Maitland has only served one year which has allowed her to learn the procedures, and it was Staff's recommendation that Mrs. Maitland be reappointed. Vice Mayor Mackail moved to re-appoint Ruth Maitland as an Alternate Member of the Community Appearance for a Term of One Year. Councilmember Howell seconded the motion. The vote on the motion was: Mayor Capretta - for Vice Mayor Mackail - for Earl Collings - for William Burckart - for Edward Howell for the motion was therefore passed and adopted. Village Council Meeting Minutes March 28, 1991 Page 8 C) Review of North County (Tequesta) Library Branch Building Location. Carlton Stoddard stated that there are many legal items (traffic studies, environmental studies, etc. ) that need to be approved before either site can be leased to the County for the proposed Library Site. Mayor Capretta added that there is a new concern regarding the potential site next to the Village Hall, i.e. , which appears to have been pledged to the Water Department through a Bond Issue 25 years ago. This needs to be resolved legally. Dorothy Campbell elaborated on and gave dates regarding the above-referenced ownership of the proposed Library Site next to the Village Hall. Attorney Randolph stated that any site the Village deals with regarding the Library will have things that need to be checked out. The questions arising tonight involve property to the rear of the Village Hall and does not necessarily apply to the property immediately to the East (Village Green) . Attorney Randolph contacted Bond Counsel who represented the Village in regard to the transaction, and indeed much of what has been discovered is correct, but does not mean necessarily that that is a total legal impediment to that property being used, but there are certain restrictions. They are not necessarily restrictions which were put on by a court in a Judgment, but were part of the Official Statement. Attorney Randolph read into the record a statement from the Bond Counsel which set forth succinctly his opinion in regard to this, based upon his research. One portion of the statement read: ""The Village could properly enter into a lease with Palm Beach County for use of the property in question for the County Library providing that the Village obtained- an appropriate certification from the consulting engineer under this section of the Bond Resolution and deposits into the Renewal and Replacement Fund the fair market value of the property disposed of." Vice Mayor Mackail stated that he has been involved in an involved telephone networking regarding the Library Site. He has walked twice the proposed site next to the Village Hall, as well as the Old Dixie Highway Site. The response he has received from people in the community from all parts of Tequesta has been to locate the library behind the Village Hall. Village Council Meeting Minutes March 28, 1991 Page 9 Vice Mayor Mackail moved that Council approve the site behind the Village Green for the proposed County. Library, providing there are no legal impediments which might have an adverse effect on the Village. Councilmember Howell seconded the motion. Councilmember Burckart stated he was concerned regarding on- and off-site costs for that site which might become staggering. Councilmember Collings felt any possible obstacles could be worked out by Staff. The vote on the motion was: Mayor Capretta - for Vice Mayor Mackail - for Earl Collings / - for William Burckart - for Edward Howell - for • the motion was therefore passed and adopted. IX. COMMUNICATIONS FROM CITIZENS Wade Griest, 494 South Dover Road, had some complaints regarding a property next door to his which is an eyesore, rat-snake-and roach infested. Mr. Griest had copies of 40 pages of correspondence from the Village to the property owners (who are neither Tequesta nor Florida residents) , regarding the condition of this property. The property consists of an uninhabited home, surrounded by a yard of unkept shrubs, ugly outgrown bushes and trees which are growing through the fences onto other people's properties. It has three compost piles. The property has been cited six times since 1984 for Code violations. Mr. Griest urged that if Village Codes need updating to correct this problem that prompt attention to be given to the matter. Harold Hutchinson stated that he has a similar problem next door to him and asked that the Village do whatever they must to put some teeth into the Village Codes. Mr. Hinds reported that he too has a similar situation at Quail Circle. He has contacted the Building Department to complain but has received no feedback-. , 1 Village Council Meeting Minutes March 28, 1991 Page 10 Scott Ladd, Building Official, explained that the Village has been working on the problem next door to Mr. ' Hutchinson and Mr. Griest periodically. These violators fix up the property, temporarily, then ignore it again, creating on-going' violations. The Village Codes are 25 years old and need updating. Vice Mayor Mackail added that the Code Enforcement Board is a new entity and, can only enforce what is enforceable. It is necessary to re-address the Codes and update them. Mary Seay, stated that the last meeting of Tequesta Residents for Better Residents was attended by many concerned citizens who are interest in starting fund raising for a book collection for the proposed library. Jerry Brownlee, attended that meeting. Ms. Seay asked that such announcements as the fund drive be announced in the Village Newsletter. Affiliation with Friend of the Library is being considered. Mr. Bradford pointed out that it is important that donations received be clearly delineated for the Tequesta Library only. Cheryl Onorato, stated that parents, teachers, superintendents, school boards, etc. have become very political regarding education, asking from the government their fair share of the budget, requesting that they not capsize education by downsizing it. April 4 is the "hatchet" day for the education budget. On April 7 at the Palm Beach County Community College in Lake Worth there will be a rally for education from 1:00-3:00 to which the Governor, Tom Mills, Palm Beach County educations, School Board members, etc. have been invited. Vice Mayor Mackail recommended to Council that Jupiter, Tequesta, Juno Beach, North Palm Beach (as many of the 37 communities in Palm Beach County as possible) draw up a Resolution to the Governor to support education and not to go through an approval basis of education for our children. Government and legislators must recognize the voice of the country. Village Council Meeting Minutes March 28, 1991 Page 11 Vice Mayor Mackail moved that the Village of Tequesta ignite a Resolution to the 37 municipalities of Palm Beach County to tell the Governor that citizens are opposed to spending cuts towards education. Councilmember Burckart seconded the motion. The vote on the motion was: Mayor Capretta - for Vice Mayor Mackail - for Earl Collings - for William Burckart - for Edward Howell - for the motion was therefore passed and adopted. Attorney Randolph stated that that could be done by letter as opposed to a Resolution since it is desired to issue same prior to next Council meeting. Vice Mayor Mackail felt a letter would suffice. X. ANY OTHER MATTERS Councilmember Howell stated that the Tequesta Fest was originated by Tequesta and urged all residents to attend. Mr. Howell also commended the efforts being taken to create an Oversight Committee regarding the Village Budget acknowledging that Vice Mayor Mackail had agreed to serve. Scott Ladd stated that the Village needs to address the Village Codes regarding windblown sand, debris and dust effecting neighboring properties adjacent to construction sites. Direction is needed from Council. Vice Mayor Mackail agreed this issue needed attention. Councilmember Collings reminded everyone that March 30 is the day for hazardous waste collection at the proposed Library Site. Village Council Meeting Minutes March 28, 1991 Page 12 XI. ADJOURNMENT Vice Mayor Mackail moved to adjourn the meeting. Councilmember Burckart seconded the motion. The vote was: Mayor Capretta - for Vice Mayor Mackail - for Earl Collings - for William Burckart - for Edward Howell - for the motion was therefore passed and adopted and the meeting was adjourned at 9:15 P.M. Respectfully submitted, 42444- 4/?-4/./ Id Fran Bitters Recording Secretary ATTEST: ti Bill C. Kascavelis Finance Director/Village Clerk DATE APPROVED: i