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HomeMy WebLinkAboutMinutes_Regular_05/27/1986r`" VILLAGE OF TEQUESTA, FLORIDA MINUTES OF PUBLIC IIEARING HELD t,9AY 27, 1986 A Public Hearing was held by the Village Council of the Village of Tequesta, Florida at 7:00 P.M., May 27, 1986 at the Village Hall, 357 Tequesta Drive, Tequesta, Florida. Councilmembers present were: Carlton D. Stoddard, Mayor, Edward C. Howell, Vice-Mayor and members: Jill K. Gemino, Edwin J. Nelson and Ron Mackail. Also present were: Robert Harp, Village Manager, Thomas G. Bradford, Assistant Village Manager, John C. Randolph, Esq., Village Attorney, Scott D. Ladd, Building Official, and Bill C. Kascavelis, Finance Director/Village Clerk. The purpose of the Public Hearing was to hear the testimony of individual business owners, their representatives and residents of the Village regarding proposed amendments to Section XII, Sign Regulations, of the Official Zoning Ordinance of the Village. The Mayor called the hearing to order promptly at 7:00 P.M. • There being noone in the audience desiring to speak, the Mayor requested Attorney Randolph review the revisions made to the Ordinance after the first Public Hearing held May 13, 1986. Esq. Randolph noted that two changes to the Ordinance as originally pro- posed are: 1. A minor change in wording of Subsection (D)(2) regarding Application and Permit Requirements contained on Page 1 of the proposed Ordinance. 2. The addition of Subsection (K)(2)(C) which reads: "Changeable letter signs are hereby prohibited except for the reader portions of theater signs, fast food restaurants and where specifically exempted or allowed by State law or by specific, approval of the Community Appearance Board and the Village Council". Scott D. Ladd, Building Official reviewed a survey of all free standing signs located in the Village, noting the signs in violation of the current sign regulations, limiting such signs to 100 square feet and the number of signs that would be in violation of the proposed sign regulations limiting free standing signs to 60 square feet. SURVEY SUMMARY • No. signs in excess of 100 sq, ft. 3 No signs in excess of 60 sq. ft. 14 No signs less than 6 sq. ft, over 60 sq. ft, limit 4 No signs in violation of current height limit of 40 feet. 4 Public Hearing Minutes May 27, 1986 Page 2 - ----------------------------- SURVEY SUMMARY No signs in violation of proposed height limit of 25 feet. 4 Numerous signs were in violation of the set-back requirements. A count was not confirmed. Mayor Stoddard polled the Councilmembers concerning the possibility of allowing shopping centers with fifteen or more shops to be permitted a sign of 100 sq. feet. All members objected to this proposal. Village resident Mrs. Dorothy Campbell suggested that the County be contacted about the possibility of providing a hanging split sign over U.S. Highway No. 1 and Tequesta Drive designating Tequesta Drive to the West and Waterway Road to the east. Mr. Harp recommended that changeable letter signs permitted for fast • food restaurants be amended to read "for menu boards only", in the applicable section of the proposed Ordinance. There being no further testimony to be heard from those in attendance or any additional comments from the Councilmembers, the Public Hearing was adjourned at 7:45 P.M. Respectfully submitted, Bill C. Kasc elis Finance Dir ctor/Village Clerk BCK/mk Edwin J. Nelson , Carlton D. Stoddard ., Ed d C. Howell Ron Mackail • Council Actions By Motion of Council VILLAGE COUNCIL ACTIONS VILLAGE OF TEQUESTA, FLORIDA COUNCIL MEETING HELD MAY 27, 1986 1. Authorized the hiring of the professional planning firm of Executive Management Consultants, Inc. to expand the Village Comprehensive Plan to meet the additional requirements mandated by legislation adopted by the State Legislature in 1985. 2. Appointed Mrs. Ruth E. Butterfield as an Alternate Member of the Community Appearance Board for the period June 1, 1986 to May 31, 1987. 3. Approved the expenditure of $750.00 for a BBQ to be held at Village Green Park for the Palm Beach County Municipal League members and guests, immediately following the monthly meeting hosted by the Village on June 25, 1986. 4. Authorized Thomas G. Bradford to be a signatory of the Village enabling his signing of chedks drawn on various depository accounts. 5. Approved an easement to Southern Bell over property owned by the Village and leased to the County Fire Rescue Service at the Seabrook Road Fire Station No. 1, to provide telephone service to residences proposed to be constructed on Shay Place. Resolutions Adopted 1. Resolution No. 11-85/86, authorized the expenditure of $8,000.00 for the remainder of this fiscal year for payment to Executive Management Consultants, Inc, for professional planning services required to amend the Village Comprehensive Plan necessitated by recent legislation of the State Legislature. nr~inances 1. Approved the first reading of an Ordinance providing for amendments to Section XII, Sign Regulations, of the Official Zoning Ordinance of the Village. Minutes and Approved 1. Minutes • 2. Minutes 3. Village 4. Village April 3 Reports of the Public Hearing held May 13, 1986. of the Council Meeting held May 13, 1986. Manager's Report for the period May 11 through May 24, 1986. and Water Department Financial Statements for the month ending ~, 1986. r, . Village Council Actions May 27, 1986 Page 2 - ---------------------------------- Respectfully submitted, s Bi11 C. Kasca~/elis Finance Dir for/Village Clerk BCK/mk cc: Councilmembers Village Manager Asst. Village Manager Dept. Heads News Media (4) Bulletin Board May 29, 1986 a MINUTES OF THE MEETING • OF THE VILLAGE COUNCIL VILLAGE OF TEQUESTA, FLORIDA MAY 27, 1986 A meeting was held by the Village Council of the Village of Tequesta, Florida at 7:50 P.M., May 27, 1986 at the Village Hall, 357 Tequesta Drive, Tequesta, Florida. Councilmembers present were: Carlton D. Stoddard, Mayor, Edward C. Howell, Vice-Mayor and members: Jill K. Gemino, Edwin J. Nelson and Ron Mackail. Also present were: Robert Harp, Village Manager, Thomas G. Bradford, Asst. Village Manager, John C. Randolph, Esq., Village Attorney, Scott D. Ladd, Building Official and Bill C. Kascavelis, Finance Director/ Village Clerk. The Council meeting was called to order at 7:.50 P.M. by Mayor Stoddard immediately following adjournment of the Public Hearing held prior to this evening's Council meeting. The meeting was opened by a prayer/devotion given by Councilmember Ron Mackail, who then led those in attendance to the Pledge of Allegiance to the American Flag. • Approval of Agenda. The agenda was approved as submitted. Announcements: 1. The Mayor commended Councilmembers Jill K. Gemino, Ron Mackail and Edward C. Howell for their efforts in organizing the "Hands Across Palm Beach County Program this past Sunday, May 25, 1986, for the Village. The Mayor also expressed the appreciation of the Village Council to the village residents who participated in the program. It was noted that approximately 550 residents of the Village participated in the event and in excess of $1,120,00 had been collected to date, on behalf of the homeless and hungry of Palm Beach County. 2. The Palm Beach County Municipal League has scheduled a special meeting to be held at 9:00 A.M., Wednesday, May 28, 1986, at the Lake Clarke Shores Town Hall, to address concerns of Palm Beach County Municipalities with regards to the 1986/1987 budget request of the Fire/Rescue Services Division. J • Minutes of the Meeting May 27, 1986 Page 2 - ------------------------------------- 1. Time for Visitors a) Discussion of the Adoption Procedure for the 1986 Village Comprehensive Plan and Appraisal Report by Village Attorney Randolph and Village Planning Consultants (Executive Management Consultants) Mr. Gene Caputo and Mr. Jack Horniman. Village Attorney's comments: Mr. Randolph noted that the review process to adopt the 1986 Village Comprehensive Plan would take approximately six months. During the Legislative Session of 1985, the State Legislature revised the Local Government Comprehensive Planning Act of 1975 by enacting the Local Government Comprehensive Planning and Land Development Review Act of 1985. The LGCP and LDRA of 1985 requires the additional elements of the plan to be adopted by February 1988. Therefore, Mr. Randolph recommended updating the Village Comprehensive Plan that has just been completed to meet the revised requirements of the 1985 • legislation. He further suggested that the Village Comprehensive Plan be for- warded to the State with a notation that we are in the process of revising the plan to meet the requirements of the 1985 legislation. Mr. Gene Caputo's comments reiterated the recommendations of the Village Attorney. He also noted that by this time next year the Village would be required to have a draft of the revised plan ready for adoption and submittal to the review process involving the County, Region and State authorities. Specifics of the 1985 legislation noted by Mr. Caputo were the Coastal Management Section which addresses explicit rules for development in the coastal areas. Tequesta has three coastal areas to deal with: the ocean, the Intra- coastal waterway and the Loxahatchee River. Mr. Caputo referred to the requirements of the 1985 revisions to the 1975 legislation as a revised process of capital improvement programing that must take place. The new regulations provide for the establishment of acceptable service levels to the existing and future projected population, which must be tied into future land use plans, to determine that the planned growth will take place, based on your ability to provide services to that area. Such plans are supported by five and ten year capital improvement expenditure plans, which then will have a legal status. Whereas the 1975 legislation merely provided for a plan. • At the conclusion of the discussion, Mr. Randolph indicated he would prepare an Ordinance providing for the adoption of the 1985 Comprehensive Plan and Evaluation and Appraisal Report. Minutes of the Meeting • May 27, 1986 Page 3 - The Ordinance will be an agenda item for the next regular scheduled Council meeting. b) A Resolution providing for the Expenditure of Eight Thousand Dollars ($8,000) during the remainder of fiscal year 1985/1986, to enable compliance with the provisions of the State of Florida Local Government Comprehensive Planning and Land Development Regulations Act of 1985. During the discussion pertaining to the cost of the 1986 Village Comprehensive Plan, it was learned that the plan was prepared over the past three (3) years at a cost of approximately $35,000.00. Also included in this cost was the expenses associated to revising the current Village Zoning Regulations. Resolution No. 11-85/86 provided for the funding of Ten Thousand Dollars ($10,000). During the discussion with Mr. Caputo and Mr. Horniman, the funding level required for the remainder of this fiscal period was estimated to be only eight thousand dollars ($8,000). • Mr. Horniman also noted that informed sources indicate State funds will be provided to assist municipalities and counties fund the additional planning costs required by the 1985 legislation. Councilmembers Nelson and Howell expressed concerns regarding the usefulness of the 1986 Comprehensive Plan. Mr. Horniman assured Council that the plan would serve as a policy statement and provided an excellent basis to be used in the revision process required by the State of Florida LGCP and LDRA of 1985. There being no further discussion on the matter, Councilmember Gemino moved, seconded by Councilmember Howell, "to adopt Resolution No. 11-85/86 authorizing the expenditure of eight thousand dollars ($8,000) during the remainder of fiscal year 1985/1986 to enable revision of the 1986 Village Comprehensive Plan required by the State of Florida LGCP and LDRA of 1985". The vote on the motion was: Ron Mackail - for Edwin J. Nelson - for Carlton D. Stoddard - for Edward C. Howell - for Jill K. Gemino - for the motion therefore passed and the Resolution was adopted. • c) A Motion to Hire the Pxofessionai Consulting Firm of Executive Management Consultants to Revise the 1986 Village Comprehensive Plan in accordance with the State of Florida LGCP and LDRA of 1985. • Minutes of the Meeting May 27, 1986 Page 4 - --------------------------------------- After a brief discussion on the matter, Councilmember Howell was assured by Mr. Caputo that progress reports on the required revisions would be provided Council on a regular basis. There being no further discussion on the matter, Councilmember Gemino moved, seconded by Councilmember Nelson, "to hire the Professional Consulting Firm of Executive Management Consultants to revise the 1986 Village Compre- hensive Plan in accordance with the State of Florida LGCP and LDRA of 1985, for the remainder of fiscal year 1985/1986 at a funding level not to exceed eight thousand dollars ($8,000)". The vote on the motion was:: Jill K. Gemino - for Edward C. Howell - for Ron Mackail - for Edwin J. Nelson - for Carlton D. Stoddard - for the motion therefore passed. • Mayor Stoddard requested Council authorize forwarding a letter to Mr. Kenneth Adams, Chairman, Task Force on County-Wide Growth Management and Intergovernmental Coordination, the Local Planning Agency of Palm Beach County. The letter was drafted by Mr. Jack Horniman and signed on behalf of the Village by Mayor Stoddard. Mr. Caputo a member of the Task Force on County-Wide Growth Management supported Mayor Stoddard's request. Councilmember Nelson moved, seconded by Councilmember Mackail, "to authorize the Mayor to forward the letter stating the Village concerns and objection to the Proposed Planning Council becoming the Local Planning Agency (LPA) involving land use matters in the Village of Tequesta." The vote on the motion was: Jill K. Gemino - for Edward C. Howell - for Ron Mackail - for Edwin J. Nelson - for Carlton D. Stoddard - for the motion therefore passed. (a copy of the above referred letter is attached to these minutes for • information purposes). Minutes of the Meeting May 27, 1986 Page 5 - ---------------------------------- 2, Village Attorney Items a) First Reading of an Ordinance providing for Amending Section XII, Sign Regulations of the Official Zoning Ordinance of the Village. Attorney Randolph read the proposed ordinance by title only. It was noted that the Ordinance contained the revisions stipulated by Council after the first Public Hearing. Councilmember Gemino questioned Mr. Randolph concerning the Ordinance amortization provisions regarding non-conforming signs. Mr. Randolph read Section N, Subsections (3) (a) and (b) which requires all non-conforming signs to be removed within two (2) years after adoption of the ordinance, except non-conforming electrical signs, which are required to be removed within five (5) years after adoption of the Ordinance. Councilmember Gemino objected to the five (5) year delay before such signs would be required to be removed, • Mr. Howard Ferrin, owner of Ferrin Signs of West Palm Beach, Florida addressed the amortization provisions as viewed by IRS rulings. He stated that in the past, the I.R.S. allowed signs to be amortized by business in accordance with local laws. Thus enabling an immediate write-off of costs associated to required sign replacements necessitated by the enactment of local laws. There being no further discussion on the matter, Councilmember Gemino moved, seconded by Councilmember Howell, "to amend Section N, Sub- section (3) (B) to require all non-conforming signs to be removed within two (2) years after adoption of this Ordinance". The vote on the motion was: Jill K. Gemino - for Edward C. Howell - for Ron Mackail - for Edwin J. Nelson - nay Carlton D. Stoddard - for the motion therefore passed. Councilmember Gemino then moved to adopt the first reading of the Ordinance Amending Section XII, Sign Regulations- of the Official Zoning Ordinance of the Village as amended." The motion was seconded by Councilmember Howell. The vote on the motion was: • l . Minutes of the Meeting May 27, 1986 Page 6 - --------------------------------- Ji11 K. Gemino Edward C. Howell Ron Mackail Edwin J. Nelson Carlton D. Stoddard - for - for - for - for - for the first reading of the Ordinance therefore passed. Attorney Randolph apprised Building Official Ladd that upon adoption of the second reading of the Ordinance, all business owners having signs in violation of the Ordinance must be notified by certified mail of the time provisions requiring removel of such signs. 3. New Business a) Appointment of Mrs. Ruth E. Butterfield as an Alternate Member of the Community Appearance Board for the period June 1, 1986 through May 31, 1987. • Mayor Stoddard commended Mrs. Butterfield for her many years service on the Board. Councilmember Howell moved, seconded by Councilmember Gemino, "to appoint Mrs. Ruth E. Butterfield as an Alternate Member of the Community Appearance Board for the period June 1, 1986 through May 31, 1987." The vote on the motion was: Jill K. Gemino - for Edward C. Howell - for Ron Mackail - for Edwin J. Nelson - for Carlton D. Stoddard - for the motion therefore passed. b) Receipt of the Long Range Planning Commission Six Month Report, dated May 15, 1986. Mayor Stoddard read a letter he drafted on behalf of the Council thanking the members of the LRPC for the valuable services they have provided the Council during the past six months. He requested Council authorization to forward the letter to Mr. Gregory A. Dembski, Chairman, LRPC. Prior to the vote on Mayor Stoddard's request, a discussion concerning . the LRPC ensued. A summarization of the comments were:. Minutes of the Meeting • May 27, 1986 Page 7 - ------------------------------- 1) Dorothy Campbell questioned items contained in the letter. 2) Paul Coben critized the functions of the LRPC. 3) Councilmember Gemino requested a meeting with the LRPC for the exchange of dialogue. 4) Attorney Randolph suggested that Council provide the LRPC with guidelines pertaining to the official functions of the Commission. 5) Councilmember Howell suggested that the LRPC should recommend a theme or official logo for the Village. Councilmember Howell also requested that Mr. Bradford draft a proposal designating specific areas of concern and the functions to be per- formed by the LRPC. There being no further discussion on this matter, Councilmember Nelson moved, seconded by Councilmember Mackail, "to authorize the Mayor to forward the letter he drafted on behalf of the Council to the Long Range • Planning Commission Chairman." The vote on the motion was:. Jill K. Gemino - for Edward C. Howell - for Ron Mackail - for Edwin J. Nelson - for Carlton D. Stoddard - for the motion therefore passed. c) Approval of Expense for the Palm Beach County Municipal League BBQ to be held on June 25, 1986, hosted by the Village of Tequesta. A memorandum from Assistant Village Manager Bradford noted that the Village would be hosting the June 25, 1986 meeting of the Palm Beach County Municipal League. As a gesture of goodwill, a barbeque has been planned to be held at the Village Green Park immediately following the meeting. The Kiwanis Club (Sunset) has indicated that they would cater the event at an estimated cost of $750.00. Councilmember Gemino moved, seconded by Councilmember Mackail, "to authorize the expenditure of $750.00 from the General Government Miscellaneous • Expense Account, providing for a BBQ following the June 25, 1986 meeting of the Palm Beach County Municipal League which meeting will be hosted by the Village." The vote on the motion was: • Minutes of the Meeting May 27, 1986 Page 8 - -------------------------------------- Jill K. Gemino - for Edward C. Howell - for Ron Mackail - for Edwin J. Nelson - for Carlton D. Stoddard - for the motion therefore passed. d) Authorization for Thomas G. Bradford to be a signatory of the Village enabling his signing of checks drawn on various Village Depository Accounts. It was noted that Mr. Harp would be taking four (4) weeks vacation beginning June 9, 1986 through July 6, 1986, at which time he will retire from the position held as the Village Manager. Effective June 9, 1986, Mr. Thomas G. Bradford, the Assistant Village Manager will assume the duties performed by Mr. Harp until Mr. Harp's official retirement, at such time Mr. Bradford will assume the position of Village Manager. It is therefore necessary to authorize Mr. Bradford as a Village signatory at this time. Councilmember Howell moved, seconded by Councilmember Mackail, "to designate Thomas G. Bradford a signatory of the Village enabling him to sign checks drawon on the depository accounts held by the Village." The vote on the motion was: Jill K. Gemino - for Edward C. Howell - for Ron Mackail - for Edwin J. Nelson - for Carlton D. Stoddard - for the motion therefore passed. e) Approval of an Easement to Southern Bell on the Fire Station Property owned by the Village. A memorandum from Mr. Harp noted that an easement was required to enable Southern Bell to provide telephone service to proposed residences to be constructed on Shay Place. Councilmember Nelson moved, seconded by Councilmember Howell, "to . approve an easement to Southern Bell over property owned by the Village at the Seabrook Road Fire Station No. 1, necessary to provide telephone service Minutes of the Meeting • May 27, 1986 Page 9 - ---------------------------------------- to residences proposed to be constructed on Shay Place in the Village." The vote on the motion was: Jill K. Gemino - for Edward C. Howell - for Ron Mackail - for Edwin J. Nelson - for Carlton D. Stoddard - for the motion therefore passed. 4. Minutes and Reports a) Approved the minutes of the Public Hearing held May 13, 1986. b) Approved the minutes of the Council meeting held May 13, 1986. c) Approved the Village Manager's Report covering the period May 11, 1986 through May 24, 1986. d) Approved the Village and Water Department Financial Statements for the month ending April 30, 1986. 5. Councilmember Reports a) Councilmember Mackail expressed the enjoyment he received by participating this past Sunday in the Hands Across Palm Beach County Program. b) Mayor Stoddard notified Mr. Bradford of an applicant for the Maintenance Superintendent Position. The Mayor also reported that the Kiwanis Club of Jupiter/Tequesta would be purchasing another Emergency Medical Service Vehicle for the Jupiter Hospital c) Esq. Randolph reported that two (2) news stands remain at the Tequesta Drive and Riverside Drive location. The Jupiter-Courier Journal and the Miami Herald. He will be communicating with them again requesting removal of the stands. The results of his efforts will be reported at the next scheduled meeting of Council. d) Mr. Harp informed the Councilmembers that tonight would be the last Council Meeting he would be attending as Village Manager prior to his retirement. • The Councilmembers expressed their gratitude and wished him well. There being no more business before the Council, the meeting was adjourned at 10:00 P.M. ~~ Minutes of the Meeting May 27, 1986 Page 10 - Respectfully submitted, Bill C, Kascav lis Finance Diregltor/Village Clerk BC K/mk /U /9~ Date Appro ed f Edward C. Howell '~> _a ~ ~ , Ron b4ackail Edwin J. Ne son Carlton D. Stoddard