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HomeMy WebLinkAboutDocumentation_Regular_Tab 5F_3/7/1996 1 ,:aria.•- . yti-4v ,3' rf VILLAGE OF TE3S7 TeQUESTADri�� Post O�lice Box 3273 q�sta ve. To es Florida 333469.0273 • (407)575.6200lor -NA, • VILLAGE OF TEQUESTA VILLAGE COUNCIL MEETING MINUTES FEBRUARY 8, 1996 I. CALL TO ORDER AND ROLL CALL The Tequesta Village Council held a meeting at the Village Hall, 357 Tequesta Drive, Tequesta, Florida, on Thursday, February 8, 1996. The meeting was called to order at 7 : 03 P.M. by Mayor Ron T. Mackail . A roll- call was taken by Betty Laur, 'Recording Secretary. Councilmembers present were: Mayor Ron T. Mackail, William E. Burckart, Carl C. Hansen, and Elizabeth A. Schauer. Councilmember Joseph N. Capretta was absent due to a death in his family which had occurred that day. 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 Carr C. Hansen gave the Invocation and led those . in attendance ' in the Pledge of Allegiance to the American Flag. III. APPROVAL OF AGENDA The following additions to the agenda were requested under Any Other Matters: Councilmember Schauer requested addition of her reports on the Planning Forum Meeting, Comprehensive Plan Changes, and Recycled Parer VILLAGE COUNCIL MEETING HWINUTES FEBRUARY 8, 1996 PAGE 2 the January Meeting with Martin County Commissioner Janet Gettig. Councilmember Hansen requested that Items. 10 (B) and 10 (C) be pulled from,. the Consent , Agenda. Vice. Mayor Burckart requested addition of his report from the last . meeting of the Loxahatchee River Management . Coordinating . Council. Village Manager Bradford requested addition of Council -direction relative to Palm Beach County proposed . mediation on roadway issues and addition of a Resolution relative to beach restoration. Councilmember Schauer made 'a motion to approve the Agenda as amended. Councilmember Hansen seconded the motion. The vote on the' motion was: Ron T. Mickel]. - for Nilliam E. Burckart for Elizabeth A. Schauer - for Carl C. Hansen , - for The motion was therefore passed and adopted 'and the Agenda . was approved as amended. IV. PUBLIC HEARING A) NON-AD VALOREM ASSESSMENT FOR STORMHATER UTILITY 1) Resolution No: 14-95/96 - Stating Intent to Use the . Uniform Method for Collecting a Non Ad Valorem . Assessment . for Stormwater Utility Services ' and Related Capital Lappommenta and . 'Servi oss..: providing for an effective date. (Staff Recommends Approval) a) Resolution Read by Title Village Attorney Randolph read Resolution No. 14- 95/96 by title only. • • • VILLAGE COUNCIL MEETING .MINUTES FEBRUARY 9, 1996 PAGE 3 • • b) Overview of Resolution ' Village Manager Bradford explained that 'at their . . last meeting the Village Council had indicated a desire . to go forward with a Public Hearing regarding the possibility that the Village Council would use the Uniform Method of Non-Ad valorem assessments for the various costs which would be associated with the Stormwater Utility which was anticipated to go on line October 1, 1996. Village Manager Bradford. commented that there was an ordinance on this meeting' s agenda for second- reading which was passed by the Village Council on first reading because it contained amendments which allowed an option ;of billing Stormwater Utility costs either on a monthly water bill or using the • tax bill for assessments. Village Manager Bradford explained that this Public Hearing was required by law in order to use Non-Ad Valorem assessments for' collection of Stormwater Utility costs, and the ' intent was to put those costs on the tax bill which would be issued November 1, 1996. The Village Manager explained that the cost of managing the current Stormwater system was currently in the General Fund and covered by taxes, which would drop commensurately equal to the increase on tax bills.. for the cost of the Stormwater Utility. Until the Village . received . Gee and Jenson's fee recommendation report, it was unknown whether the Stormwater Utility's first year budget would be able to include a number Of needed improvements, for example, Shay.4Place, the entrance area to, * Tequesta Gardens, some areas in Tequesta Country Club and areas along Tequesta Drive. An option might be to subsidize the Stormwater Utility during its initial years in order to accomplish some of the needed improvements. The , main purpose of • Resolution 14-95/96 'was to set forth the Village Council' s intention to use Non-Ad Valorem assessments as a revenue source for the Stormwater. Utility and to allow public comment regarding that issue. • • • VILIAG OOUNCIL =MONO Melia . . PlIBMUARY 8, 199i PAGZ 4 • • • o) Village Council and Public Comments • There were no comments from public. Councilmember Hansen expressed favor for the Resolution and commented • that this action would allow establishment of targets for new sewer systems and a plan for budgeting those systems. Vice Mayor Burckart also expressed favor for the Resolution and commented that this would allow flexibility in dealing with specific drainage issues in specific areas and. with projects which had fallen on the • backs of all the taxpayers instead of those who directly benefited. The Vice Mayor stated he had heard a lot of comment before the flood regarding how poor the Village' s drainage system was, which . • he. felt was unfair. Vice Mayor Burckart explained that the Village' s drainage system was, designed • years ago under 25-year storm criteria, and had not been designed to accommodate a 200-year storm event such as occurred, and any system problems from that storm had • not been because of lack of attention. Vice Mayor Burckart stated that the repairs would be made and the system would be in ` good shape again. Mayor .Mackail questioned how areas would be prioritized for repair so that residents would feel there had been equal disbursement in regards to their neighborhoods. Village Manager Bradford explained that FEMA• . had approved 26 out of 28 Village repair area requests, and that as F 24A released funds on a per-project basis for specific area repairs, those areas would be repaired. Betty • • Nagy, Shay Place, commented that the homes.in Shay Place 'had been built without proper drainage, and - had experienced problems since construction. Ms. Nagy questioned. whether Shay 'Place drainage would be taken care of this year, to which Village Manager Bradford responded that the engineers were currently working on the drainage basins' associated with the Stormwater Utility and whether Shay Place would be repaired during this year would be based upon their report and the dollars available within the budget. The Village Manager explained ' that residents would learn the Village' s recommendation • • • • • • • VILIms COUNCIL . 1RETING .MINUTES FEBRUAR! 1), 1996 PAGE .5 • during the summer budget hearings. d) Motion to Adopt/Reject Ordinance on Second Reading Councilmember Schauer made a motion to adopt Resolution No. 14-95/96. Councilmember Hansen seconded the motion. - The vote on the motion was: Ron T. Mackail - for William E . Burckart - for Elizabeth A. Schauer - for Carl C. Hansen - for The motion was therefore passed and adopted. 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 . removed from the Consent Agenda of Business and considered in its normal sequence on the Agenda. The following items were listed on the Consent Agenda: VI. APPROVAL OF MINUTES AND REPORTS *A) Board of Adjustment; September 18, 1995 *B) Community .Appearance Board; December 21, 1995 *C) . Village Council Meeting; January 11, 1996 *D) Special Village Council Meeting; January 18, 1996 *E) Village Council Workshop Meeting; January 8, 1996. - February 2, 1996 • VIII. APPOINTMENTS A) • Board of Adjustment r - VILLAGE COUNCIL FETING MINIMS FBB ►RY 8, 1996 PAGE 6 *1) Consideration of Appointment of Donna. McDonald 'as an Alternate Member to the Board of Adjustment, with Said Term Expiring on 02/08/98. (Staff Recommends Approval) *2) Consideration of Appointment of 'Gilbert Finesilver as an Alternate Member to the Board of Adjustment, with Said Term Expiring on 02/08/98. (Staff Recommends Approval) X. NEW BUSINESS • *D) Consideration of Bid Awards to the Following Firms for Village Hall Site Improvements: *1;) Rood Landscape Company, Inc. of Tequesta, Florida, for Landscape and Irrigation Improvements per Ordinance No. 377 in the Amount of $11,165.50, having an FY 1996 Capital Improvement Fund Budget Allocation of $23,000. *2) Four Jay's Construction of Juno Beach, Florida, for General Paving and Concrete Improvements in the Amount of $18,700, Having an FY 1996 Capital Improvement ' Fund Budget Allocation of $25,000. Motion was—made by Councilmember Hansen to approve the Consent Agenda as amended by deletion of Item 10(B) and Item 10(C) . The motion was seconded by Vice Mayor Burckart. The vote on the motion was: Ron T. Heckel]. • - for William Z. Burckart - • for Elizabeth A. Schauer - for Carl C. Hansen - for • . VILLAGE COUNCIL MEETING MINUTES . F'EB VARY Si 1996 PAGE 7 • The motion was therefore passed and adopted and the Consent Agenda' was approved as amended. • VII. COMMITTEE REPORTS • A) Finance and Ackainistration Ccannittee; January 17, 1996 • Village Manager Bradford reported that this had been a very important committee meeting and that the engineers had provided a status report of the Water . Department Enhancement Program whereby surficial well capability would be expanded and permits were being sought to provide the Village' s first reverse osmosis - . plant . on the Old Dixie Highway Village property. Village Manager Bradford stated that the engineers had . reiterated the fact that the- State Health Department required. design of an expansion when the demand for water was at 80% of current capacity, and that the Village would shortly be at 80% capacity and .under design: The Village Manager also explained that the State Health Department required that when 90% of capacity was- reached that •expansion . must be under' construction, and that the Village was headed toward . reaching 90% of capacity. The lawsuit with Jupiter . was felt to be an issue regarding expansion, however, after a great deal of discussion it was made clear that by. virtue of the State Health Department requirements on expansion that Tequesta must expand • . its - treatment plant capacity whether or . not the • Village was under contract to 'purchase water from • Jupiter and regardless of the outcome of the lawsuit. Village ' Manager Bradford stated that it was the • recommendation Of the Committee that the Village proceed with design ' plans for the reverse Osmosis • •plant with •ultimate capacity of between four and five • • million gallons per day with the first filter train of approximately one milliongallons per day, which was • estimated to cost approximately 7.8 million dollars, • for which .the Village would issue revenue bonds. • Village.Manager Bradford commented that the Village' s, current debt service on its outstanding bonds for . the • • • VILLAGE COUNCIL MEETING MINUTES FEBRUARY 8, 1996 • . PACi 8 Water Department would be paid in full during this , fiscal year 'so that taking on this new debt would dovetail nicely with the conclusion of the old debt. Discussion of Agenda Item X (C) : • Consideration of Approval of Engineering Services Proposal from Reese, Macon & Associates of Lake Worth, Florida, in the Amount of $215,000 for Preliminary Design & Permitting • of the Proposed Reserve Osmosis Facility. . Funding Provided from the Water Enterprise Fund, Retained Earnings Accounts; R/O Plant Engineering, Having an FY 1996 Fund Balance of $148,000 and Reject Disposal, Having an FY 1996 Budget Allocation .of $85,000, for Combined Account Balances of ' $233,000. Authorizing Village Manager to Execute the Same. (Staff Recommends Approval) ,Village Manager Bradford explained that Agenda Itemk10 (C) • • which had been pulled from the Consent Agenda dealt with preliminary design . for the reverse osmosis plant as indicated by the engineers and recommended by the Finance and Administration Committee at their meeting on January 17, 1996. Councilmember Hansen commented that the minutes of the Committee meeting stated that during this year the Village would exceed 90% capacity, and stated .a figure of 2 .25 million gallons per day from Jupiter. Councilmember Hansen questioned the 2.25 million gallon per day since previous discussions had alluded to 1 .5 million gallons per day as • the amount purchased from Jupiter. Village Manager Bradford explained that 1.5 million gallons per day was the amount actually purchased, while 2.25 million gallons per day was . • the maximum which it was possible to purchase in one day. • Village Manager Bradford explained that the penalty for not ' complying with the. .Health Department regulation that expansion of • present facilities must be underway when 90% capacity was reached, which was anticipated for Tequesta during 1996, was a moratorium on all new development. Councilmember Hansen questioned whether the engineers were working on a -tentative time schedule for the expanded water • VILLAGE COUNCIL • MEETING MINUTIA F'EBRUART 8, 1496 PAGE 9 • facilities to be on line. Water System Manager Tom Hall • responded that because of the amount of detailed work involved that approval of the engineering services proposal at tonight' s meeting would put this project on a schedule • whereby the first r/o water could be on line during the dry period of 1998; therefore, time was of the essence. • Councilmember Schauer commented that • she had attended a meeting of the Jupiter Town Council and had been impressed that all of their water department staff had been present to • receive an award. which had been made to their water . department for having the best Class A treatment plant. • Councilmember Schauer .requested that in the future when a department received an award that the staff attend the Council meeting to accept individual awards. Councilmember Hansen commented that he had had an opportunity during the previous 'week to tour the water plant, and had been very pleased since it seemed well run and efficient. • • Motion was made, by Vice Mayor Burckart to approve the Finance and Administration Committee report. The motion was seconded by Councilmember Hansen. The vote on the motion , was: • • • Ron T. Mackail • - for • William E. Burckart - for • Elizabeth A. Schauer . - for Carl C. Hansen - for The. motion was 'therefore passed and .adopted., • • • • Motion was made by Councilmember Schauer to approve Agenda Item X (C) . The motion was seconded by Councilmember Hansen. The vote on the motion was: Ron T. Mackail - ' for William E. Burakart • - for • • Elizabeth A. Schauer - for .. Carl C. Hansen - for VILLAGE COUNCIL . mZTING Hamm • FEBRUARY 8, 1996 PAGE 10 The motion was therefore passed and adopted. IX. DEVELOPMENT MATTERS ' • A) An Appeal for Relief to the Village Council by Virtue ,. . of a Decision Made by the Community Appearance Board' at their Meeting on January 30, 1996, per Section 7- 4 (c) of the Village. Code of Ordinances. ' Sterling House, SDR Development. .Joe Creech, P.E. , Creech Engineering. Mayor Mackail provided an overview. of previous events regarding this appeal by explaining that at the most • recent meeting of the Community Appearance Board that .the applicant had been given three options: (1) to adjust the style of ' the proposed building to a Mediterranean style; (2) to appeal the. Board' s decision to the Village Council; or (3) to decide not to go forward with this project. Mayor Mackail reminded the Village Councilmembers that this project had been approved under a special exception so, that tonight' s discussion would not involve uses, but . specifically the Sterling House appeal. Mayor Mackail stated that he believed the Village Council options were either (1) to uphold the decision of the - Community Appearance Board, or (2) to deny the decision of the Community Appearance Board, which was • confirmed by Village Attorney Randolph. Mr. Pete Russell, Sterling House representative, explained that the proposed project was a 42-unit assisted living facility. ,Mr. Russell stated that at the first meeting regarding this project, which was the joint meeting of the Village Council and the ' Community Appearance' Board, direction had been given to Sterling House regarding their proposed original architectural style. Mr. Russell explained that they ' • had followed the path of South Florida architecture from their first design, . and that the Community Appearance Board had indicated a number of items that they would like to have incorporated into the original plan. Mr. ' Russell commented that the Community • • VIL Aam COUNCIL METING Mnat TU - FtHRUA►RY 8, 1996 PAGE 11 / Appearance Board had desired a. more Mediterranean style and comments made regarding the original plan were that there were no arches on the building which would indicate a•Mediterranean styling, the roof style had a Dutch hip which the Community Appearance Board • ' felt was not in keeping with Mediterranean styling, the landscaping--although within the ordinances--had been changed by moving some trees, the Community Appearance Board had felt that the sandblasted sign • should be a masonry sign the same color as the • building. The Community Appearance Board had felt that the roof pitch was steeper than necessary, and • the roof color was dark, which would be visually imposing. Mr. Russell stated he had specifically asked if the roof color was made lighter with the asphalt shingle whether that would be acceptable, and • • ' that he had indicated if the Community Appearance Board forced him to use a tile roof that he would appeal at that time. • Mr. Russell explained _ that .from .the recommended changes, two elevations had been prepared to provide the Community Appearance Board with a choice 'of a yellow exterior with a lighter brown color of roof, or . a pinkish tone exterior with a slate green. color sculptured asphalt shingle roof. Other design changes made had been to incorporate arches in the porch design, adding arches above the • windows .with stucco • bands, removing the Dutch ' hip from the gable, and making the pitch of the roof more shallow. Mr. Russell stated that all .of the design suggestions made by the Community Appearance- Board had been met; however, it seemed that was not 'What they had had in' • mind, and that was why the Community Appearance Board decision was being appealed. Mr. Russell stated that the applicant had fully believed they had followed the • direction they had been given, however, that was not • what the Communi.ty .Appearance Board was looking for.. • 7 ' Kevin Donahue, Architect for the project with offices in Boca Raton, stated that he would like to summarize some of the criteria used in developing the .Sterling VILIJ1Q I COUNCIL 18ZSTING NINUTie. • PSHIRY 8, 1996 PAGG 12 House building for the Village of Tequesta. Mr. Donahue stated that the Village Ordinance outlined criteria which he would identify as criteria which defined the character of a building, and that he had understood the most important wording in the Ordinance to be that the building be harmonious with its • immediate area and harmonious with the building styles • consistent with the Village of Tequesta. The other major emphasis had been to try to work with South Florida materials, which. had also been the directive of the client, Sterling House. The design had been concrete block construction with painted stucco finish, and because of the depth of the concrete block walls the windows were recessed, consistent with both South Florida and Mediterranean styling, where the walls were not curtainwall type but -had substance. Mr. Donahue explained that there was a deliberate attempt to create a residential appearance for the • building facade so that what would be communicated to the residents of Sterling House as well as to the public was that this was not an institutional building, and the ' attempt was made not to make this ,building either institutional looking or commercial looking. In order to accomplish this, some of the elements used were the scale of the building, with a bearing. height of 8 feet high which. was consistent with a ranch home, dormer elements on the roof which indicated residential styling, a cupola incorporated as part of the scheme which was also a Sterling House icon used on all of their sites, the carport and the cupola on the carport roof indicated a certain timeless nature to. the project, -a certain ,.cultural bias to a graciousness of entering the building under a covered carport and was in -keeping with the style of Sterling House projects. Raised stucco bands had been used as accent bands to help scale the building down, to make it more consistent with the kinds of details • typically seen in South Florida. A fiberglass roof was used on the building, which Mr. . Donahue stated was in keeping with 'what was happening in a number of • residential buildings in South Florida currently, and explained that one of .the reasons for' that was that use of heavily sculptured fiberglass Shingles gave the VILLAGE COUNCIL • MUTING MINUTES 12BRUART •, 1996 PAGE 13 • appearance of a heavily textured or slate look or shake appearance. Mr. Donahue stated those had been the criteria used to design a building which he thought• was in 'good taste, and commented that their presentations , to the Village Council and to the Community Appearance Board had been attempts . to, honestly represent the building in the elevations as .to the real scale, materials, colors, and details, and explained that the landscaping in the elevations was depicted with how it would look a year after • installation. Mr.' Donahue stated that the landscaping as shown on , the elevations was consistent with placement of 'the plantings on the landscape plan, • which had been approved by the- Community Appearance Board. Mr. Donahue summarized by commenting that this was not a building which represented a project of inferior quality; that everything from the exterior to interior finishes to • attention to. detail, and how. residents were serviced was an attempt to be a first rate project, and to express a quality corporation and a quality building. Mr. Donahue commented that in discussions with' the Community Appearance Board regarding what made up a Mediterranean style building that, unfortunately, what was Mediterranean to one person might not be Mediterranean styling to another person, . and that the applicant' s response to the • Community Appearance Board's comment referring them to commercial buildings was to generate a building which would be harmonious with the existing infrastructure in Tequesta as well as any new development which might come to that area. Mr. Donahue clarified that if a stew. ,pro j ect' were .built right next door to Sterling House -that it was his intent to make sure that what • was expressed. in the Sterling House building was not inconsistent •with what someone else might design. Mr. Donahue stated that some of the building style, and • materials could be repeated on a next-door project so that this building could be very much a part of an evolutionary process in Tequesta. Architect Donahue commented that the building as proposed would enhance the area and was not a detriment, . and if it. were duplicated by another developer that it would be in good taste, and would. be an asset to the continuing r , • • VILLAGX COUNCIL • N6=TIING NINUTia • . PZBRUART 8, 1996 • PAGE 14 • • development of the Village. Mr. Donahue expressed his opinion that the use of building materials was very balanced in this building, 'and stated that the composition had never_ been an issue since in. all • conversations with the Community Appearance Board they had indicated that the building was attractive, but was just stylistically not what they had in mind. for that particular site. Mr. Donahue commented that the • .symbols used were- the cupola and the sign, so that there was nothing controversial with what was • expressed by the facade of the building. • Mr. Donahue commented that a real attempt had been . made to. design a building that could be viewed from anyone' s perspective as consistent with building • materials and styles in South Florida, which was the. strongest direction in the Village Ordinance. Mr. Donahue:requested the Village Council' s consideration to view this building as harmonious, one which worked with Tequesta' s historic styles, and which would also work very readily with any other style which might be introduced in the future on neighboring sites. , Village Attorney Randolph clarified the review process as follows: The Ordinance provides that the. Village Council could either (1) affirm the action of the Community Appearance Board, or (2) affirm it with • modifications. When it was indicated that public comments would be heard at this point, the Village Attorney advised that this was a direct appeal from the Community Appearance Board to the Village Council . and that this was not a public hearing.. • Counci :Member Schauer commented that she liked the new color, and questioned why the air conditioning units were not shown on the revised elevations. Architect • Donahue explained that the air conditioning units were . still there, however, the Community Appearance Board had requested they be obscured by landscaping, and also explained that . the units were only louvers flush with the exterior walls, and were not boxes which projected beyond the face of the walls. VILLA COUNCIL MEETING MINUTES FEBRUARY 8, 1996 PAGE 15 0 • Councilmember Hansen stated he had not been present at the December 28 meeting when. this _was discussed, but felt that a precedent must be set for that area, commented that there was a lot more Dorner land there to be built on, and that he . felt that the Village • needed to have the right type of building and architecture on that site. Councilmember Hansen stated he was reluctant to approve this project in its present form and asked whether. it was possible to ask • Sterling House to return to the Community Appearance ' • Board to work with' them for further improvement of the plans. Village Attorney Randolph replied that unless there was some direction or action taken by the . Village Council in that regard that it would not be an efficient action to take . since the applicant was present on an appeal of the Community Appearance Board' s action. Councilmember Hansen asked whether Sterling House was saying tonight that they had gone as fat as they could go. Mr. Russell replied that was correct. Vice Mayor Burckart stated he liked the way the project looked and had no problem with it. The Vice. Mayor stated that as he understood it, the big issue between the . Community Appearance Board and the applicant was a tile roof, and that it would be great to' see a tile roof but that he 'did not know whether the Council had the position to force a- tile roof. The Vice Mayor stated he believed it would behoove' the :applicant to do that, but was not sure the Council could force it. The Vice Mayor commented that there probably would . not be such controversy on this parcular application if an ACLF had come before the request for an Extended Care Facility, which was the intent when zoning for this area had been established, although that. was not at. issue at tonight's meeting. Vice Mayor Burckart stated he .had no problem with the building and would have absolutely no problem if it had a tile roof, but would not disapprove it because there was no tile roof. • Gary 'Von Brock stated his opinion that even though • this was an appeal to the Village Council, that he • • • VILLAGE COUNCIL • MEETING MINUTES FEBRUARY e, 1996 • PAGE 16 • believed the adjoining land owner and Village. • • residents should have some comment because he . represented the adjoining land owner who had a proposed development in mind, not particularly this style, but which would blend in well with this style, and the Sterling House building would not conflict with the adjoining landowner' s property values. .Mr. Van Brock stated his opinion that when -a proper design which fit the South Florida scheme of buildings was submitted that the Village should consider it; ' and that things had reached the point that someone else was designing the 'buildings. Mr. Van Brock stated • that a lot of thought and professionalism had gone into the applicant' s design and use of the building to give it a residential look, and that he believed • things were getting Out of hand: Mr. Van Brock stated that, as an adjacent property, owner with certain plans • in mind, Doener Trust did not want every building to look alike in every other development because the Village would become a boring community. Mr. Van Brock stated that the adjoining property owner had no objection to the .Sterling House building, and had a lot of investment ' to lose if it were an unsightly building. Mayor Mackail responded that Mr. Van Brock had the most ' to 'gain and the most knowledge of discussions over the .past ten. years . in regard to the type of structures, buildings, and uses; and that the . assumption had been made that an ACLF would be the • first building to be erected, then the progression would be made from the assisted living care to the ECF. Mayor Mackail stated his opinion that the whole controversy was in regard to the structure of the roof, and that he had the impression from the last meeting that the Community Appearance Board had indicated tile, barrel tile, and that this design had made significant progress, however, the Village Council had an investment in the Village to assure that the precedent set would be pleasingly desirable to the eye. Mayor Mackail commented that the first proposal by Sterling House had the. back of their building oriented to Village Boulevard, which had been reversed, and the one issue in question was the roof. • Mayor Mackail observed that the buildings across the ' r VILLA COUNCIL MEETING MINUTES • FEBRUARY 8, 1996 PAGE 17 • street from the proposed project all seemed to have barrel tile roofs, and commented that he had received • the impression that the direction of the Community Appearance Board was that a tile roof be provided; and the elevations presented' at tonight's meeting were not what the Board had requested. Mr. Van Brock responded that over the past five years a number of items contemplated by the Village had been changed, and- referred to the mixed use . plan which had been considered with different types of roof styles and buildings and stated that the Village had come a long way from that point. Mr. Van Brock 'expressed the opinion that flexibility must be allowed in building design and that tile roofs were nice, that their contemplated development_ planned tile roofs, and that the Community Appearance Board had approved a project with the same basic colors and identical roof as proposed. on Sterling House' s original plan, and when Mr. Van Brock had brought it to the Board' s attention their response was that project had been in a different neighborhood. Mr'. Van Brock commented the Community Appearance Board had approved a metal roof in the downtown area for the library, and when he brought that to their attention their response had been that they wished they had never approved it, however, they did approve it. Mr. Van Brock commented that now that the library was finished with a copper roof there was a -lot 'of comment, that some residents liked it and some did not, however it was different, and designated the location of the library. Mr. Van Brock expressed his opinion that Sterling House would also like people to identify their development, and Mr. Van Brock hoped people would`- identify" his . development, which. he did not want to look the same as the Sterling House development, since each development should have its own identity. Jay Hunston, Attorney, representing the Sterling House project, -explained he had not been present at prior discussions but that his job was to assure that his . client complied with the requirements of the Ordinances. Attorney Hunston referred to the January 15, 1996 letter to his client from Mr. Ladd, quoted • • VILIma COUNCIL MEETING MINUTES FEBRUARY 8, 1996 PAGE 18 the motion as worded in that letter, and stated that the design as now proposed did reflect the type of ' . roof shingle referred to in the letter. Attorney Hunston referred to Article 7-3 of the Village Code on page 417 of the Village' s codified ordinances which stated the criteria to be employed by 'the . Community . Appearance Board, which Mr. Hunston stated was • mandatory on that Board and on the Village Council, and read as follows: The following criteria must be complied with (1) the proposed plan be in conformity • with good taste, good design, and in general contributes to the image of the Village. Attorney Hunston stated he had reviewed the Community Appearance Board minutes and had found no comment from them that they had a problem with -that; in fact, they had pointed out' that this was . in good taste, that it was a good design, and that it did contribute to the image of the Village; therefore, that had not been an issue. Attorney Hunston stated that .the second mandatory criteria was that the project not be of • inferior quality, with which the Community Appearance Board also had no problem. " • Attorney Hunston stated that the third criteria was to be in harmony with the proposed developments in the general area, with the Comprehensive Plan, and also • with the supplemental criteria, which he believed was where matters had broken down with . the Community• . Appearance Board. Mr. Hunston expressed his opinion . that since this project would stand alone in the downtown area until further development occurred, it . was important to start with a good. image. Mr. Hunston commented that the fourth criteria was that the proposed structure be in .conformity with the standards of the Code and applicable Ordinances, and no issue .had been raised that this project did not meet Code. Mr. Hunston commented that the Ordinance . continued, . that. if the- above criteria are met the . _application shall be approved. Mr. Hunston then. referred to supplemental Criteria, beginning on page 419 of the codified ordinances, which he agreed with both the Mayor and Vice Mayor that the issue was the • • VILI.ma COUNCIL • MTI$Q MINUTES • FEBRUARY 8, 1996 PAGE 19 • • roof material of tile versus anything other than tile. • Attorney Hunston referred to the Code as stating minimum aesthetic standards are that it show proper , design concept, `honest design construction, and be • . appropriate to the surroundings; and Section 7 (6) (A) (2) which indicated the developer. was supposed to try to achieve visual harmony with the surroundings ` and if built in undeveloped areas then the three primary requirements must be met. Also, Attorney Hunston stated that the Code told the Community Appearance Board what they were not supposed to do: It is not to be inferred that buildings ,must look alike or .be of the same style to be harmonious. Mr. Hunston. stated that harmonious did not mean identical, look alike, or of the same style. Mr. Hunston commented that this style was well accepted in South Florida and • was in accordance with the criteria which stated that . • buildings of a style or style type foreign to South Florida and/or its , climate will not be allowed. Attorney Hunston referred to page 424 of the codified ordinances which defined proper design concepts and honest design construction, which he indicated were not at issue. Attorney Hunston quoted, . appropriate to surroundings does not mean uniformity in style or subordination to existing buildings, but rather to bring new buildings into an orderly relationship with landscape and nature, other buildings, and open areas, and indicated he did not believe that meant no building would be approved by the Community Appearance • Board without' a barrel' tile roof. The only reference to- roofs in the whole Community Appearance Board Ordinance which -lr. Hunston stated he had found was • • that. roofs• would not be garish. On behalf of the developer, Attorney Hunston stated that they_ had done everything conceivable to comply with the Ordinances and the law, and therefore had no choice but to appeal • for relief to the Village Council when the Community Appearance • Board ' had required a cookie cutter • ' approach. Village Attorney Randolph advised that comments. from the public• could be heard as long as. they were related VILLAGE COUNCIL • MEETING MINUTES FEBRUARY 8, 1996 PAGE 20 • to the criteria set forth in the , Ordinance. Mayor Mackail called for comments from the public and • Village Council and .received no response. Mayor ' Mackail summarized that the applicant had made • different recommendations to the Community Appearance Board, felt they had set precedent, had reduced the roof from an eight to seven pitch roof, felt that the design was harmonious and enhanced the area. Motion ' was' made by Councilmember Hansen to sustain the decision of the Community Appearance Board. The motion was seconded by Councilmember .Schauer. The vote on the motion was: • Ron T. Mackail • - . for • William E. Burckart - against Elizabeth A. Schauer - for • Carl C. Hansen for The motion was therefore passed and adopted. B) Modified Site Plan Review for Tequesta Commerce Center, 208-212 U.S. Highway One North, for a Free- , Standing Entrance. Sign (4' x 8') . Bert Lieb, City Signs, Agent. Mr. Lieb indicated that the proposed sign for the entrance of Tequesta Commerce Center would have a • white background with blue letters, and presented a sample of the lettering. Mr. Lieb explained. that the previous Sign had blown down. Village Manager Bradford questioned the status of -Tequesta Commerce • Center relative to compliance with Ordinance 377. • Building Official Scott D. Ladd responded that a • letter of intent had been presented. Discussion ensued regarding the previous sign. Village Manager Bradford recommended that this. sign be approved because there was no existing sign; however, that the Department of Community (Development advise all future . applicants who have not complied with Ordinance 377 not to bother to present other requests. - r VILLA= COUNCIL MEETING MINUTES FEBRUARY 8, 1996 PAGE 21 Motion was made by Councilmember Schauer to approve the sign as requested by Tequesta Commerce Center as long as a letter was received from them that they had full intentions and a set of plans submitted to comply with Ordinance 377 . The motion was seconded by Councilmember Hansen. The vote on the motion was: Ron T. Mackail - for William E . Burckart - for Elizabeth A. Schauer .for Carl C. Hansen - for The motion was therefore passed and adopted. (C) Modified Site Plan Review for Six (6) Car Carport Addition for Waterway Beach Condominium, 100 Waterway Road. William H. Murphy as Agent. Mr. William H. Murphy indicated that Waterway Beach Condominium proposed to extend their covered parking areas by six places just west of the existing carports, and the new addition would be exactly the same as the existing carports. Building Official Ladd explained that this carport was originally planned for this site. Motion was made by Vice Mayor Burckart to approve the Modified Site Plan for a Six (6) Car Carport Addition for Waterway Beach. Condominium. Councilmember Schauer seconded the motion. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Elizabeth A.' Schauer - for Carl C. Hansen - for The motion was therefore passed and adopted. (D) Landscape Ordinance No. 377 Plan Review; Landscape Waiver Request; Sun' Trust South Florida, 110 Bridge , Road. Roy Fisher Associates, Agent. VILLAGE COUNCIL MEETING MINUTES FEBRUARY 8, 1996. PAGE . 22 Steve Niedergeses, Landscape Architect representing Roy Fisher Associates, explained that several waivers had been ' requested. Mayor Mackail received clarification from Building Official Ladd that the Community Appearance Board had had no problems with any of the waivers and had unanimously approved this application. Councilmember Schauer requested the status of the hedge abutting Park Avenue Bar-B-Que, to which Mr. Niedergeses responded that the applicant had wanted to restore the hedge with new plantings, however, had been unable to secure written permission from Park Avenue Bar-B-Que. Mr. Ladd explained that the Village would pursue Park Avenue Bar-B-Que to reestablish the hedge. Councilmember Schauer suggested the vacant bank building might be used by • • the Police Department to conduct fake robberies. Police Chief Roderick responded that they had used occupied. banks for that exercise. A representative of . Sun Trust Bank who was present in the audience advised Village Manager Bradford that the person to contact would be Douglas Sinclair to determine whether the bank would be interested ,in another location with Tequesta Drive frontage. • Councilmember Schauer made a motion to approve the Landscape Plan for Sun Trust South Florida, 110 Bridge Road, as presented for compliance with Ordinance 377. The motion was seconded by Councilmember Hansen. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for • Elizabeth A. Schauer - for Carl C. Hansen - ' for • The motion was therefore passed and adopted. • E) Landscape Ordinance No. 377 Plan Review; Landscape Waiver Request; Island House Northeast, 350 Beach Road, O'Mahoney Design Group, Agent. • Emily O'Mahoney, Landscape Architect, explained that • • VILLAGE COUNCIL MEETING MINUTES • FEBRUARY 8, 1996 PAGE 23 she represented Island House Northeast, whose landscape plan had been approved by the Community Appearance. Board. Mayor Mackail stated that the _ Community Appearance Board had voted 4-0 to approve the requested waivers . Councilm nber Hansen made a motion to approve the Landscape Plan for Island House Northeast as presented for. compliance with Ordinance 377. The motion was seconded by Councilmember Schauer. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - for • Carl C. Hansen' - for • The motion was therefore passed and adopted. • • F) Landscape . Ordinance No. 377 Plan Review; Landscape .Waiver Request; Ccinunity Savings, 101 U.S. Highway One; George G. Gentile & Associates, Inc. , Agent. ' George G. Gentile, Landscape Architect, explained that this plan had been reviewed by the Community . ' Appearance Board who had recommended approval with five comments which had been addressed. Mr. Gentile requested Village Council consideration on item #5 in which the Community Appearance Board had requested that the trees to be installed on Waterway. Road be consistent with the new plantings of live oaks fuiher down on. Waterway Road. Mr. Gentile requested Pigeon • Plum' trees since they would not grow to a height to interfere with the overhead electrical wires and were acceptable to FPL. Councilmember Schauer referred to, the meeting minutes of the Community Appearance Board which indicated they had approved the Pigeon Plum trees because of their proximity to the power lines. . Councilmember Schauer questioned whether any • improvement had been seen in maintenance on this project. . Mr. Gentile explained that the property . VILLAGE COUNCIL MEETING MINUTES FEBRUARY 8, 1996 PAGE 24 owner had agreed to upgrade the maintenance after installation of the new landscaping. Councilmember . Hansen agreed that better maintenance was necessary and questioned why this application had been approved by the Community Appearance Board on September 27, 1995 and was not presented to the Village Council until February,' 1996. Mr. Gentile explained that they . had been working on studies for restructuring the site and had requested additional time •from staff to accomplish those studies, and that the delay was not the fault of Village staff. Vice Mayor Burckart requested that the dumpster be pulled up so .that there would be five to seven feet behind it where additional landscaping could be installed so that the landscaping would extend to the . end of the parking spaces. Vice Mayor Burckart also requested that at the Southeast corner of the property on South Waterway ,Road that the first parking space be removed and another Pigeon Plum tree installed. there, and that another oak tree be installed further into the, parking lot. Building Official Ladd verified that the number of parking spaces -would still meet Code with .the removal of that space. Councilmember Schauer made a motion to approve the Landscape Plan Community Savings, 101 U.S. Highway One, for compliance with Ordinance 377 with the dumpster moved out, additional landscaping behind the . dumpstar, removal of the parking space at the southeast corner, addition of a Pigeon Plum Tree and an Oak tree as requested by Vies Mayor Burckart. The motion was seconded by Councilmember Hansen. The vote on the motion was: Ron T. Mackail for William E. Burckart - for Elizabeth A. Schauer - for Carl C. Hansen - for The motion .was therefore passed and adopted. • (G) Landscape Ordinance No. 377 Plan Review; Landscape VILLAGE COUNCIL MEETING MINUTES FEBRUARY 8, 1996 PAGE 25 Waiver Request; First United Presbyterian .Church of ' Tequesta, 482 Tequceta. Drive, Parker-Yanette Design Group, Inc. , Agent. • • Steve. Parker, Landscape Architect, commented that changes had been made to comply with comments made by, the Community Appearance Board. Councilmember Schauer questioned the minutes of the Community Appearance Board meeting which stated that Dr. Shafer had commented that the' basketball goal on the church property belonged to the Village. Village Manager Bradford stated that statement had been made at the meeting; however, it was not a fact. Councilmember Schauer complimented Mr. Parker on the addition of a landscape island and expressed her • appreciation. Councilmember Hansen commented on an unused overflow parking area at the southwest corner of the property which contained trash, and questioned whether the intent was to upgrade that area -and to • maintain it, to which Mr. Parker' s response was that • the church intended to upgrade that area with landscaping and that maintenance personnel at the • • church would be informed. • Vice Mayor Burckart made• the following requests: • • 1. To add a hedge of the same plant material being , used in other areas along the two maintenance ,sheds On the east side of the church to screen the • sheds. • • ' 2. At #8 on the site plan, to have the south' end of the parking space become the edge of the landscape strip, as opposed to the north end, which would • mean removing some asphalt, and would not be a ,parking area, but would delineate. the driveway. 3. To pull the dumpster up closer. so that landscaping could be done on three sides of the dumpster, and • eliminate the parking space to the west of the ' dumpster. • • VILLAGE COUNCIL MEETING MINUTES • FEBRUARY 8, 1996 • PAGE . 2 6 . 4 . ,At 04 and #5 as indicated on the site plan, to install landscape islands. The Vice Mayor indicated that he understood the parking dilemma • at certain times of the year, , but, stated that- was • only for a couple of months while this .would be for the .whole year, and that he would like to see the 'landscape islands installed at the ends • of the .two parking rows. • 5. That east of the dumpster, asphalt " could be removed so that the landscaped area on that side could be larger. 6. That the driveway :be defined better. • 7 . , That where the sidewalk ran in front of the church • against Tequesta Drive in the undeveloped area, the undergrowth be removed out 40 to 50, feet from that sidewalk south, and the larger trees preserved. Vice Mayor Burckart expressed his opinion that. this area could be made safer by • • removing the undergrowth. Mr.. Parker responded that the Brazilian Pepper was -being removed in that area. The Vice Mayor suggested that some of the' .saw palmetto might be transplanted to other areas on the site, however, Mr. Parker responded that it did not transplant well.. Vice Mayor • Burckart requested that all , undergrowth " that , . someone might hide behind be removed. Vice Mayor Burckart presented a drawing to Mr. 'Parker to clarify the. requests he had made. During ensuing discussion, Mt." Parker stated . that he would need approval from a church representative before agreeing' to all of the additional conditions, and agreed with • _ Councilmember Hansen's comments that there would still • be plenty of parking on the site. Mr. Ladd reminded . . the Village Council .that a recent Ordinance change allowed complete restriping of parking lots using • smaller spaces to help ' applicants comply with 'Ordinance 377 requirements. Mr. Parker commented that the Community Appearance Board had taken 'into account that this site was 'a very parklike setting and that • VILLAGE COUNCIL • MEETING MINUTES FEBRUARY 8, 1996 PAGE 27 • the existing pines - and saw palmettos had been _well preserved. • Vice Mayor Burckart made a motion to approve the Landscape Plan for First United Presbyterian Church of Tequesta for compliance with Ordinance 377 with the changes he had expressed and given to Mr. Parker. The motion was seconded by Councilmember Schauer. The vote on the motion was: ' Ron T. blacked]. - for • - William E. Burckart - for Elizabeth A. Schauer - for- Carl C. Hansen - for • The motion was therefore passed and adopted. (H) Landscape Ordinance No. 377 Plan Review; Landscape Waiver Request; Mannara Building, 351 Cypress Drive, • Parker-Yanette Design Group, Inc. , Agent. • Chuck Yanette, Landscape. Architect, explained that the • plan as presented reflected changes requested by the Community Appearance Board,. • Councilmember Schauer expressed concern that an area • was indicated to be hand watered. Mr. Ladd recommended that automatic irrigation be installed, and referred ' the Village Council to staff comments , regarding this property. Mr. Yanette explained that a huge amount of asphalt would need to be removed so that it . would be costly to extend the irrigation system to ,that area. • . Councilmember Schauer commented that one of staff' s • comments indicated that a handicap parking space was needed. Mr. Yanette responded that the owner had , agreed to restripe the parking area and to add a handicap space. Discussion regarding the corner landscape island . ensued. Village Manager Bradford commented that if the ' corner was not properly curbed and irrigated that the • • • VILLAGE COUNCIL • MEETING MINUTES FEBRUARY 8, 1996 PAGE 28 • • landscaping could probably not survive because of the proximity of vehicular traffic. The Village Manager expressed concern regarding possible liability to the Village if that island were not properly curbed. Mr. Yanette explained that plants had ' been used which would require little water. Vice Mayor Burckart made the following requests : • 1 . To resod the area on the west side of the building • which was indicated on . the plan as existing grass. • 2. To add a 10' x 10' landscape island at the area of the existing small fence and sabal palm, maintaining. access to the ' rear area and not ' blocking 'the door on that part of the-building, to provide more green area and possibly a small hedge. The Vice Mayor indicated an`- area of • asphalt to be removed. 3. To match the corner of Pineview and Cypress with. the Brodell property on the north side by removing ' ' asphalt and extending the sod out into the right- of-way to- make a large' island. The' Vice Mayor commented that any asphalt which could., be removed - . . and replaced with plants would help ' the drainage in that area. • 4. To extend the irrigation system to the area which had been indicated would be hand watered. Vice- Mayor Burckart commented that by enlarging the • sodded area as he requested, that extending the • irrigation system- would not be so great. Vice Mayor Burckart presented a drawing to Mr. Yanette to clarify the requests he had made. Discussion ensued to provide further clarification regarding traffic circulation as provided in ' the existing plan'. Mr.. Yanette commented that an irrigation line might be placed against the building in the revised, plan as ' proposed by Vice Mayor Burckart. • Village Manager Bradford summarized the changes, as • VILLAGE COUNCIL • MEETING MINVT88 " FEBRUARY 8, 1996 PAGE 29 • restriping the parking lot and adding a handicap space, and the additions as suggested by Vice Mayor Burckart for the northwest Side of the property, the removal of the asphalt, and the :addition of sod and automated irrigation at the corner, and also to automatically irrigate all the planter areas . . Mr. Yanette. stated that the sodding was not a problem, however, removal of the. asphalt and additions to the irrigation system would have to be agreed to by the property owner. Mayor Mackail advised that . the Village Council could grant approval with the proposed changes and if the owner did not agree, then the application could be resubmitted. Vice Mayor Burckart made a motion to approve the Landscape Plan for the Marmara Building at 351 Cypress Drive with the changes to the site plan .which he had provided to Mr. Yanette and in accordance with Community Appearance Board and staff recommendations. • The motion was seconded by ' Councilmesnber Schauer. The vote on the motion was: Ron T. Mackail . - • , for William. E. Burckart - for Elizabeth A. Schauer - for • Carl C. Hansen - for , The -motion was therefore passed and adopted. X. law Hv8INi88 ,,A1 • Resolution NO. 15-95/96 - Urging the Palm Beach County .. Legislative Delegation to Support HB 173 and SB 16 in • Efforts to Amend Florida's Felony/Murder Statute to Include the Act of Vehicular Hit and Run Among the Enumerated Offenses of Said Statute. maim Recommends Approval) Village Attorney Randolph read Resolution No. 15-95/96 by title only. VILLAGE COUNCIL MEETING MINUTES • FEBRUARY Sc 1996 PAGE 30 Councilmember Schauer reported the Jupiter Town Council had passed this Resolution. • Councilmember Schauer made a motion to approve Resolution 15-95/96. Councilmember Hansen seconded the motion. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for • • Elizabeth A. Schauer - for Carl C. Hansen - for The motion was therefore passed and adopted. B) Consideration of Bid Award to Walker Design and Construction Company, Inc. Of Boca Raton, Florida, for the Central Garage Project, in the Amount of $488,876, • Having an FY 1996 Water Enterprise Fund Budget Allocation of $422,000 to be Augmented by an Inter- Fund Transfer of $108,645 from the Well 28 Project. (Staff Recommends Approval) • Councilmember Hansen questioned whether ingress and egress would be from Bridge Road, which Water System Manager Hall affirmed, and explained that the concrete driveway was owned by the. Bridge Road Shops as property owner. Mr. Hall explained that the Village currently had a 10-foot ingress/egress easement and .a 20-foot utility easement parallel to the south along the western property line, and were in negotiations with the property owner to determine whether the Village could have utilization of the whole 30 feet. If the result of the negotiations would not allow this utilization, then modifications would have to be made to the Bridge Road entrance landscaping, since the existing planter encroached approximately 3 feet onto the ingress/egress easement. Mr. Hall explained- that the Village was proposing to make modifications to the western perimeter, which would help the adjacent property owner comply with landscaping requirements of Ordinance. 377, and that landscaping for the new facility would comply with that Ordinance. ' Mr. Hall • • VILLAGE COUNCIL MEETING MINUTES • FEBRUARY 8, 1996 • PAGE 31 - • commented, that hurricane specifications . would exceed • minimum requirements. Councilmember •Hansen inquired • whether the building could be used to house fire equipment during a hurricane before new safety . facilities were available. Fire Chief Weinand advised that fire vehicles would require a door 12' x 12' . Mr. • Hall stated that the building was. currently designed with 12-foot doors, and that this could be taken into consideration and perhaps larger doors, installed in one bay. Mr. Hall explained that .the contractor had some ideas which he believed would save money, and commented that the building would. be expandable to the south. Mayor Mackail stated it would be wise to look at the doors. . Vice Mayor Burckart requested an 'explanation of the evaluation process used to rank bids. Mr. Hall explained that under the design/build process 'there ' were different scenarios under which' bids could be awarded, and the adjusted low bid process had been used. The contractors who had submitted bids on the project were each issued a packet with generalized design/build criteria, and each had submitted a. presentation. Mr. Hall stated that the contractors had been' scored on five items, (1) general description of the project, (2) . technical considerations, (3) design aspects, (4) organization and schedule, and (5) . oral interviews. The base bid had been divided by ;the percentage evaluation score to' getan adjusted low 'bid used Only for award purposes. By this process the best quality builder was selected, and not necessarily the low bidder. • Mr. Lee,_ Walker, President, Walker Design and. • Construction Company, Inc. , addressed the Council and . .provided background on his company, which .had been in business for 41 years and had moved to South Florida . from Michigan in the early 1970s; Mr. Walker • explained that the company had built municipal complexes for South Florida Water, Management Lake • Worth District and City of Boca. Raton, parks, funeral ' homes, high-rise buildings, and buildings for the Palm Beach County School Board. Mr. Walker commented this VILLAGE COUNCIL MEETING MINUTES FEBRUARY 8,• 1996 PAGE 32 project would provide the perfect use for their Butler pre-engineered metal buildings. • Vice Mayor Burckart questioned the budget allocation of $422, 000 with an interfund transfer of $108, 000 and • project cost of $488, 000. Mr. Hall explained that some funds had already been expended and that a ,5% • contingency was needed. In preliminary discussions with Mr. Walker, some items such as shortening eave . heights had been identified as ways to save money. Mike Medar, 114 Chapel Lane, commented , on Councilmember Hansen' s idea regarding storage of fire trucks in this facility during an emergency, and questioned whether the new facility would be used for other emergency operations. Village Manager Bradford explained that this facility would not be used for emergency operations, but would be strictly - a public works garage. CouncilmeMber Schauer made a motion to approve the Bid Award to Walker. Design and Construction Company, Inc. , of Boca .Raton, Florida for the Central Garage Project in the amount of $488,876 as listed. in Agenda Item 10 (B) : Councilmember Hansen seconded the motion. The vote on the_motion was: Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - for Carl C. Hansen - for The motion was therefore passed and adopted. E) Resolution No. 16-95/96- Designating Polling Locations, Election Officials and Inspectors of Elections and Establishing Procedures for the Municipal election Scheduled to be Held March 12, 1996, and the Municipal Run-Off. Election, if Necessary, to be held on March 26, 1996. (Staff Recommends Approval) VILLAGE COUNCIL MEETING MINUTES FEBRUARY 8, 1996 PAGE 33 Village Attorney Randolph read Resolution No. 16-95/96 by title only. Councilmember Schauer made a motion to approve Resolution No. 16-95/96. Councilmember,Hansen seconded the motion. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - for Carl C. Hansen - for , The motion was therefore passed and adopted. XI. UNFINISHED BUSINESS A) Ordinance - Second Reading - An Ordinance of the Village Council of the Village of Tequeeta, Palm Beach County, Florida, Amending Chapter 19 of the Code of Ordinances Relating to Stormwater Utility at Section 19-3, Definitions, so as to Provide that the Village Council Shall .Act as a Stormwater Management Utility Board; Amending Section 19-9 Relating to Billing, Payment and Penalties, Affording the Opportunity for Billing by Way of Non Ad Valorem Assessments; Amending Section 19-14, Relating to Stormwater Utility Board,, so as to Provide that the Village Council Shall Act as the Stormwater Utility Board; Providing for Severability; Providing for Repeal of Ordinances in Conflict; Providing for Codification; Providing an sffative Date. (Staff Recommends Approval) Village Attorney Randolph read the above Ordinance by title only on second reading. Councilmember Schauer made a. motion to approve the above Ordinance on Second Reading by title only. Councilmember. Hansen seconded the motion. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for • • VILLAGE COUNCIL • MEETING MINUTES FEBRUARY 8, 1996 • PAGE 34 Elizabeth A. Schauer - for Carl C. Hansen - for The motion was therefore passed and adopted. XII . ANY 'OTHER MATTERS Councilmember Schauer reported that the Planning Forum would meet March 6, and that she had requested staff research regarding how recommendations made at the January Planning • Forum would affect the Village' s Comprehensive Plan. Village Manager Bradford explained that a letter received from consultant Jack Horniman had addressed this matter,. copies of . which would be distributed to all Councilmembers for their comments; which the Village Manager would pass on to Councilmember Schauer before the March meeting. Village Manager Bradford commented that Scott D. Ladd had attended a meeting of northern communities' Planners . Mr. Ladd explained that the planners did not support the recommendations. Village Manager Bradford pointed out that communities like Palm Beach Gardens and Jupiter extended farther west' than Tequesta, so that they would be reluctant to prohibit development west of I-95 or the Turnpike, however, the opening of western development was actually• one of the major contributors to the downfall of • the Tequesta Business District--therefore just because other communities were opposed to limiting western. development, that 'did not mean that Tequesta shouldfbe opposed. Councilmember Schauer reported, that she, Village Manager Bradford, the Village's traffic engineer, Gary Collins, and . Joan Marshall had attended a meeting in January with Martin County Commissioner Janet Gettig, where she had objected to . one way traffic on Country Club Drive, no second gate at Turtle Creek and no Connector Road, which had been removed from the Martin County Comprehensive Plan. Councilmember • Schauer requested direction regarding her proposed meeting with` •the 31 homeowners on Country Club Drive. Village Manager Bradford recommended that the meeting be postponed until mediation has been completed. Mayor Mackail asked that the Village request a tape of that meeting with Janet VILLAGE COUNCIL MEETING MINUTES FEBRUARY 8, 1996 • PAGE 35 • Gettig. . Vice Mayor Burckart reported that at the recent meeting of the Loxahatchee River Management Coordinating Council, • pending legislation regarding mangrove trimming laws had been discussed. The Vice Mayor explained that the laws • regarding trimming had been removed, and the Department of Natural Resources and the Palm Beach County Environmental Resource Management Department had both expressed concern that there was no - law at this time and they had almost no enforcement powers ,to prevent mangroves being cut above the roots . Vice Mayor. Burckart reported that this matter was being addressed, and local legislators were supporting a change, however, until that time the mangroves would be at . . risk. , The Village Manager Bradford reported that Scott Hawkins of the Village Attorney' s office was working with the Village on this matter and recommended the Village -apply • to DEP for a permit to trim mangroves before the law was • changed. Vice Mayor Burckart also, reported that he had been elected Vice Chairman of that council . Village. Manager Bradford reported that Mayor Mackail had received a letter from Palm Beach County Commissioner Ken Foster stating that on January 9, 1996 the Board of County Commissioners had provided direction to pursue mediation as a way to address and resolve .ongoing roadway planning and coordination .problems in the North County area. The ' County staff had been directed to pursue mediation services through the Florida Conflict Resolution Consortium, and mediation was proposed between Palm Beach County, Town of Jupiter, Martin County, and Village of Tequesta regarding Country Club; Drive, possibly the Connector . Road, the. Western Connector, Loxahatchee River Road, and Longshore Northfork Extension. The letter had. requested that a member 'of the Village Council attend the pre-mediation meeting on February 22. After ensuing discussion regarding Village • participation and the fact that the mediation would be non- . binding, it was the consensus of the Village Council that • Mayor Mackail would attend the pre-mediation meeting. Vice Mayor Burckart commented that the mediation might accomplish some good since there would be three Palm_ Beach County entities. looking to Martin County for answers. Village Manager Bradford commented that the cost should be split VILLAGE COUNCIL MEETING MINUTES FEBRUARY 8, 1996 PAGE 36 • four ways. Village Manager Bradford reported a request had been received for support in urging the 1996 Florida Legislature to provide adequate funding for the preservation and repair of the State' s -beaches, to recognize a need for funding non- federal projects, and to identify a long-term dedicated funding source. The Resolution was needed prior the March 5 opening of the legislative session. After a short discussion of beach erosion, Village Attorney Randolph read Resolution 17-95/96 by title only: ' • A Resolution of the Village Council of the Village of Teque"sta. of Palm Beach County, Florida, Requesting the 1996 Florida Legislature to Provide Adequate Funding for ' the Preservation and Repair of the State's Beaches, to Recognize the Need .for Funding on Non-Federal Projects and to Identify a Long-Term Dedicated Funding Source. • Councilmember Schauer made a motion to approve Resolution , No. 17-95/96. Councilmember Hansen. seconded the motion. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - for Carl C. Hansen - for . The motion was therefore passed and adopted. . • XIII. COMMUNICATIONS FROM CITIUNS Greg Bahl, 10218 Si Banyan Way, stated that he represented. the Church of the Good Shepard, adjacent to the Village. Hall Complex, which wished to expand their. pre-school program by building a 12,000 square-foot building to house Kindergarten through 5th grade. Mr. Behl requested feedback from the Village Council so that any concerns could be addressed in' the early planning stages. Building Official Ladd commented that he believed this would be a special exception use, and Village. Manager Bradford advised, that if so, it would. be • VILLAGE COUNCIL MEETING MINUTES FEBRUARY 8, 1996 PAGE 37 improper for the Village Council to comment. Village Attorney Randolph verified that comment would not be proper prior to Public Hearing process . Mike Mader questioned the date scheduled for the next Village Council meeting-. Village Manager Bradford -explained that the meeting would be changed to the first Thursday in the month of March because the Charter required the first meeting after the election to be the reorganization meeting of the Village Council, and traditionally the March business meeting had been conducted before the election and the reorganizational meeting after the election. XIII. ADJOURNMENT Councilmember .Hansen moved that the meeting be adjourned. Councilmember Schauer seconded the motion. The vote on the motion was: • Ron T. Mackail - for William E. Burckart for Elizabeth A. Schauer - for Carl C. Hansen - for • the motion was therefore passed and adopted and the meeting was adjourned at 9:44 P.M. . Respectfully submitted, a-403 Betty Laur Recording Secretary ATTEST: Joann Manganiello Village Clerk DATE APPROVED: