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HomeMy WebLinkAboutMinutes_Regular_04/08/2004• v A!~ ~_ ''° ~ ~, . o i Yt•A. VILLAGE OF TEQUESTA Post Office Box 3273 250 Tequesta Drive, Suite 300 Tequesta, Florida 33469-0273 (561) 575-6200 Fax: (561) 575-6203 MINUTES VILLAGE OF TEQUESTA REGULAR VILLAGE COUNCIL MEETING THURSDAY, APRIL 8, 2004 7:06 p.m. 399 SEABROOK ROAD TEQUESTA, FLORIDA 33469 I. II. III. • CALL TO ORDER AND ROLL CALL The Tequesta Village Council held a regularly scheduled Village Council Meeting at the Tequesta Recreation Center, 399 Seabrook Road, Tequesta, Florida, on Thursday, Apri18, 2004. The meeting was called to order at 7:06 p.m. by the Mayor. A roll call was taken by Mary Miles, Village Clerk. Council Members present were: Mayor Pat Watkins, Vice Mayor Geraldine A. Genco, Council Member Edward D. Resnik, Council Member Russell J. von Frank, and Council Member Jim Humpage. Also in attendance were: Village Manager Michael R. Couzzo, Jr., Village Attorney Scott G. Hawkins, Village Clerk Mary Miles, and Department Heads. INVOCATION AND PLEDGE OF ALLEGIANCE Council Member Humpage gave the invocation and led the pledge of allegiance. PRESENTATIONS AND PROCLAMATIONS A. Presentation of "Employee of the Quarter" award for the Second Quarter 2004 to Michelle McDowell (Gload), Accounting Clerk II. Assistant Manager/Human Resources Director Robert L. Garlo Assistant Village ManagerBuman Resources Director Garlo presented for the second quarter of 2004, Michelle McDowell, who was just married and now Michelle Gload, the "Employee of the Quarter" award. She works as an Accounting Clerk II and payroll specialist. She has assisted with the budget, successfully mitigated some IRS situations, upgraded payroll software, is very efficient, and has been an invaluable asset to management. Recycled Paper • IV. APPROVAL OF AGENDA MOTION: Council Member Resnik moved to approve the agenda, seconded by Council Member von Frank; motion carried S-©. V. UNFINISHED BUSINESS A. ORDINANCE N0.586-SECOND READING-AN ORDIlVANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, ANNEXING INTO THE VILLAGE PARCELS OF LAND, WHICH ARE CONTIGUOUS TO THE VILLAGE LIMITS, OWNED BY DEBORAH HOWELL AND DOUGLAS HOWELL. A COMMERCIAL PROPERTY LOCATED AT U.S. HIGHWAY ONE, TEQUESTA, FLORIDA 33469; PROVIDING A LEGAL DESCRIPTION OF THE PROPERTY PROPOSED TO BE ANNEXED; REDEFINING THE BOUNDARIES OF THE VILLAGE TO INCLUDE SAID REAL PROPERTY; PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR ADVERTISING; AND PROVIDING THAT THIS • ORDINANCE SHALL BE FILED WITH THE CLERK OF THE CIRCUIT COURT OF PALM BEACH COUNTY, FLORIDA, AND FLORIDA DEPARTMENT OF STATE UPON ADOPTION. Community Development Director Jeffery G Newell Village Attorney Hawkins read Ordinance No. S86 by caption only. MOTI N: Council Member Humpage moved to approve Ordinance No. 586, seconded by Council Member von Frank... Community Development Director Newell stated this is the first part of the annexation process. Now that it is annexed, we will do a comprehensive plan amendment and a zoning application. Frank Sardino, Jupiter Heights mentioned it was his understanding that the property had to be connected to the Village to be able to annex it, and wanted to know if this particular property was. Village Attorney Hawkins responded there is a part of the property that touches in Tequesta, and if it touches, it is legal. That is a valid question. There is a piece that touches along U. S. 1 that is considered, for legal purposes, contiguous. • Council had no further questions or responses. 2 • Motion carried S-0. VI. CONSENT AGENDA All items listed under Consent Agenda are considered routine and will be enacted by one motion. Viltage Clerk Miles requested to pull item "E" off the "Consent Agenda" because Mr. Paterno requested to be a full member only, and we did not have an opening at this time. A. Regular Village Council Meeting Minutes of March 11, 2004. B. Tequesta Memorial Committee Meeting Minutes of February 10, 2004. C. Declare the Recreation Department's 1995 Jeep 2 Door VIN 1J4T27S2SL6426411 as surplus property and donate it to the Criminal Justice Academy at Palm Beach Community College. D. Reappoint Mr. Carl Blase to Alternate Member on the Planning and Zoning Board and Mr. Jeffery Robbins as Full Member. •z-i Jri~iaWns' MOTION: Vice Mayor Genco motioned to approve the Consent Agenda, items A through D, seconded by Council Member Humpage. Motion carried S-0. VII. COMMUNICATIONS FROM CITIZENS Lucille Somerville, 3 Garden Street, stated Adelphia has moved into bankruptcy. She wanted to know if the town is allowing a competitor or a dish service in. Village Manager Couzzo remarked Adelphia's legal issues have been well documented over the years. We will continue to look at what options are available to us. VIII. COMMUNICATIONS FROM COUNCIL Council Member von Frank recognized Randall Murray, who was sitting in the audience, and welcomed him to the meeting. Council Member Resnik stated he wanted to cover something for a few minutes • concerning potential traffic imposition to our Village. In 1996 I was a member of the traffic commission from the Village here. Jupiter, Little Club, Palm Beach County, to look at how to decrease the impact of traffic from Martin County. 3 • Martin County was in litigation with a developer to reduce the degree of density and didn't want to participate. Jupiter and various elements of Jupiter, like the Little Club, we met, trying to come up with something we could present to County and local governments to do something about the local traffic problems. A mediator came in from Orlando in 1997. He came up with some solutions that would benefit the various stakeholders. The bottom line to that is we in Tequesta wanted to minimize traffic on Country Club Drive. Little Club wanted to minimize traffic. We both wanted the connector road from Country Line Road to connect the road. We met with tremendous resistance. There is no connector road for that borderline. Consequently that was thrown out. Four decisions were made in the 1997-1998 time frame. One was to put a stop sign in, one to slow traffic coming from Martin County, and to have the manager put in a petition or recommendation to have a master plan for roads changed to narrow Country Club Drive right away. That was done, and it was decided that narrowing the road to two lanes, putting oak trees in the road, traffic calming, that was all done. Traffic from Martin County has increased slightly, but not to the extent it would have if they weren't building out more. It all impacts, to some degree, Little Club, Country Club Drive and Tequesta Drive. A lot of trucks, a lot of everything would be going up and down the road. We never got the extension on County Line Road. The County agreed to put in the Western Corridor. West of I-95 and west of Duffy's. In the subsequent years, since 1997, the Shores won, because they didn't have to extend their roads to provide an offset. There was nowhere • indicated that this was going to harbor new roads. Martin County Commissioner Lee Webberman is responsible for this area. There are concerns about the prevention of crime and traffic. The Commissioner wasn't too sympathetic in articles written. In addition to the mega-mall, about 600 homes are going to go up alongside the road-they have two ways to go. They can go north to Martin County or they can go south of Indiantown Road, so I am just doing this as an alert to individuals and to Council that we have to look at the impact. The builder has contributed money to this as part of a concurrency agreement. Then we have section 28 in Martin County. I think they changed the density. If they start building there, then we will have to face that traffic. I talked to Village Manager Couzzo about this last year and asked him to put someone on to monitor this event and talk to Martin County. Council Member Genco stated she is in total agreement. I think you are proposing we push Martin County to put that road through. Now it has been approved, it is a safety issue. Going through a residential community with small side streets going north through Country Club Drive. There is a lot more easement and a lot more setback for homes. I think this is the time for us to start generating some sort of public support. Mayor Watkins noted surely Martin County is hearing from their own residents. • Council Member von Frank stated up north they had toll roads, we could set up a tollbooth at the end of Tequesta drive and see what would happen. 4 r Council Member Resnik mentioned during our meetings of 1996 and 1997, someone had a plan to put a tollgate in, but we couldn't do it, along with, and very importantly, aggressive patrolling by our police. The Loxahatchee River Road folks, in Little Club, they started speed bumps. Vice Mayor Genco said Lee Webberman is the one they would contact in Palm Beach County, and Karen Marcus for Palm Beach County. The Village also needs to look at the exit from Turtle Creek where it intersects with Country Club Drive. We may want to do something there to make sure traffic has slowed down. Council Member Humpage explained what I have done is given each one of you a small package of things I have and interest in. I would like to have you consider these things. I really would like to think about sidewalks, something we have to consider over the long haul I would like to bring the entire Village up with streetlights. I am interested in annexation, and there are fees associated with annexation, so I did some research and it is in here. There are four items, and a couple of them I'd like to have put on the agenda for next time. 1) Annexation, and item 2) I'll let you look at, at your leisure, I'd like us to put together a think tank to attract some businesses to the Village. I read the minutes of the Public Safety Memorial Committee. I think there are a couple of issues of the Council • we need to take back to the Committee, I just would like to bring this out for discussion. I think I would really like to do something with the annexation and the Public Safety Memorial on next agenda. MOTION: Council Member Genco motioned that under "New Business" we include the Village absorbing all or part of the fees, seconded by von Frank; motion carried S-0. Council Member Resnik mentioned as far as the Memorial, I will discuss it at anytime. I was under the impression that we all wanted to go this way. Council Member von Frank left the dais at 7:40 p.m. MOTION: Vice Mayor Genco motioned at the next meeting to do a presentation of what the concept is of what the Public Safety Memorial will look like, seconded by Council Member Humpage; motion carried 4-0. MO~ TION: Vice Mayor Genco motioned for initiating the Village forming a committee to basically attract business ventures, seconded Council Member Humpage; motion carried 4-0. Mayor Watkins I will be out of town in October for the Council Meeting, and I would like to let you know in advance. We'll move on to new business. • Council Member von Frank returned at 7: 34 p.m. 5 • IX. NEW BUSINESS A. ORDINANCE NO.587--FIRST READING-AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING THE ADOPTED VILLAGE COMPREHENSIVE PLAN, PURSUANT TO CHAPTER 163, FLORIDA STATUTES, AND CHAPTERS 9J-S AND 9J-11, FLORIDA ADMINISTRATIVE CODE, APPLYING A COMMERCIAL LAND USE CLASSIFICATION TO A PORTION OF REAL PROPERTY LOCATED ON THE EAST SIDE OF U.S. HIGHWAY ONE BETWEEN PALM COURT AND HARBOR ROAD SOUTH, CONTAINING APPROXIMATELY 0.495 ACRES, PROVIDING FOR A REVISION TO THE VILLAGE'S FUTURE LAND USE MAP; PROVIDING FOR CODIFICATION, SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE. Village Attorney Hawkins read Ordinance No. 587 by caption. Village Attorney Hawkins mentioned with regard to the subject of annexation, this represents initiation of the process, il'it is adopted this evening, the process will allow for the comp plan amendment, this is the • commencement, and later it will come back to you. MOTION: Viee Mayor Genco moved to approve Ordinance No. 587, seconded by Council Member Humpage. Community Development Director Newell stated on April 21 at 6:30 will be the hearing before the LPA, and on May 13~', the adoption stage. Howard Morton requested that when the Village advertises for these Public Hearings, they should explain in plain English what it is about instead of all the mumble jumble. We should be the first to do so. Mayor Watkins said she spoke with Mr. Newell this afternoon, and while we all legal steps to notice this, we are going to send letters out to those residents affected by this. It would be important for you to come to those meetings. Motion carried S-0. B. ORDINANCE NO.588--FIItST READING--AN ORDINANCE OF THE VILLAGE COUNCII, OF THE VII,LAGE OF TEQUESTA, APPLYING A ZONING DESIGNATION TO A PORTION OF REAL PROPERTY LOCATED ON THE EAST SIDE OF U. S. HIGHWAY • ONE BETWEEN PALM COURT AND HARBOR ROAD SOUTH CONTAINING APPROXIMATELY Q495 ACRES, TO C-2 6 • COIti~TY COMMERCIAL; MAKING CERTAIN FINDINGS OF FACT; PROVIDING FOR REVISION OF THE VILLAGE ZONING MAP; PROVIDING FOR SEVERABILITY, AN EFFECTIVE DATE, AND FOR OTHER PURPOSES. Community Development Director Jeffery C. Newell Village Attorney Hawkins read Ordinance No. 588 by caption. MOTION: Council Member Humpage moved to approve Ordinance No. 588, seconded by Council Member von Frank. Village Attorney Hawkins stated this is a corollary ordinance, the two n.in in tandem when you are looking at a land use change. Community Development Director Newell said I submitted to you a county commercial zoning, I also submitted a county C-2 Zoning for you to compare. Frank Sardino, Jupiter Heights Resident remarked I have with me the county zoning, and the two zonings are a lot different from one aspect that relates to this particular development. This building is classified as an • office building. On the back of it they are Looking for warehouse space that is allowed under Tequesta zoning by accessory use. The County doesn't allow that at all. They are doing this as part of a use by right. It is done by special exception of the county. What are we looking at it as residents? What is facing me is going to be garage doors. This would not have been in the County. In the town of Jupiter zoning, another thing the County has, is called incompatible buffers. What it means is when you have conflicting zoning, abutting, you cannot do this. I am just making some points we got concerned about. Village Attorney Hawkins stated what is happening tonight, is the process for having the zoning designation change has started, and it requires this issue to be addressed from the Planning and Zoning board. It is going to require discussion about traffic, site plan, etc. Frank Sardino, Jupiter Heights Resident said what I'm womed about, there is a zoning designation that is going to be dovetailed towards this process. Unless you change the C-2 zoning that allows the warehouse. Village Attorney Hawkins mentioned this Board cannot designate a property rezoned from a to b before you go through two hearings. You will have plenty of opportunity to come and express your concern. Frank Sardino, Jupiter Heights Resident asked when you annex property, do you take into consideration what was zoned before? 7 Vice Mayor Genco responded when it comes time for site development, we take the input from surrounding people and take that into consideration. You will certainly be able to present your concerns to the planning and zoning board. Motion carried S-0. C. Designation of Village Council Members to Various Governmental Assemblies. Village Clerk Mary Miles Consensus was to bring this back next month. D. Resolution No. 35-03/04- A RESOLUTION OF THE VILLAGE COUNCIL, OF THE VII,LAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE PALM BEACH COUNTY FIRE RESCUE, FOR MUTUAL ASSISTANCE AND MUTUAL AID, ESTABLISHING ADDITIONAL EMERGENCY SERVICES DEPTH. Fire Chief James Weinand • Village Attorney Hawkins read Resolution No. 35-03/04 by caption. MOTION: Council Member Humpage moved to approve Resolution No. 35- 03/04, seconded by Vice Mayor Genco; motion carried S-0. Fire Chief Weinand explained this was an interlocal, non-fee, agreement with Palm Beach County Fire Rescue for hazardous material response, fire rescue response, etc. Council Member Watkins stated I want to commend you on getting this done. Council Member Humpage remarked "good job Chief." Motion carried S-0. E. Resolution No. 37-03/04-A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AWARDING A PROPOSAL FROM NATIONS FENCE INC. OF WEST PALM BEACH, FLORIDA, TO PROVIDE 1620 LINEAL FEET OF 6 FOOT HIGH CHAIN LINK FENCING TO COMPLETELY FENCE THE WATER PLANT TO ENHANCE SECURITY, IN THE AMOUNT OF $15,355.72 PLUS 10% CONTINGENCY, WITH FUNDS BEING APPROPRIATED FROM 8 • EXISTING FUNDS IN THE 2003/2004 WATER FUND BUDGET, AND AUTHORIZING THE VII.,LAGE MANAGER TO EXECUTE THE APPLICABLE PROPOSAL ON BEHALF OF THE VILLAGE . I~ildage Manager Michael R. Couzzo, Jr. Village Attorney Hawkins read Resolution No. 37 by caption. MOTION: Council Member Humpage moved to approve Resolution No. 37 03/04, seconded by Council Member von Frank; motion carried 5-0. Village Manager Couzzo explained this fencing was to provide additional security for our water plant. We will utilize funding in the budget currently, and we will make transfers. Motion carried S-0. X. ANY OTHER MATTERS None. XI. ADJOU ENT r • MOTIOl~ Counci ember Resnik moved to adjourn, seconded by Council Member Humpage; motion carried 5-D. Adjourned at 8:40 p.m. SCHEDULE OF MEETINGS* *(To be held in the Tequesta Recreation Center, 399 Seabrook Road, Tequesta, unless otherwise noted) Regular Village Council Meeting May 13, 2004 at 7:00 p.m. Regular Village Council Meeting June 10, 2004 at 7:00 p.m. • 9