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HomeMy WebLinkAboutMinutes_Regular_02/13/2003 VILLAGE OF TEQUESTA Post Office Box 3273 250 Tequesta Drive, Suite 300 Tequesta, Florida 33469-0273 (561) 575-6200 Fax: (561)575-6203 MINTJTES REGULAR VILLAGE COUNCIL MEETING VILLAGE OF TEQUESTA THURSDAY, FEBRUARY 13, 2003 • • ~A I. CALL TO ORDER AND ROLL CALL The Tequesta Village Council held a regular meeting at the Tequesta Recreation Center, 399 Seabrook Road, Tequesta, Florida, on Thursday, February 13, 2003. The meeting was called to order at 7:03 p.m. by Mayor Geraldine A. Genco. A roll call was taken by Mary Miles, Village Clerk. Council Members present were: Mayor Geraldine A. Genco, Vice Mayor Joseph N. Capretta, Council Member Edward D. Resnik, Council Member Russell von Frank, and Council Member Basil E. Dalack. Also in attendance were: Village Manager Michael R. Couzzo, Jr., Village Attorney John C. Randolph, Village Clerk Mary Miles, and Department Heads. II. INVOCATION AND PLEDGE O>~' ALLEGIANCE Father Taylor of Church of the Good Shepherd gave the invocation and Council Member Russell von Frank led the Pledge of Allegiance. III. APPROVAL OF AGENDA Village Manager Michael R. Couzzo, Jr., requested that item (A) be removed. Mayor Genco requested that item (D) be removed from the Consent Agenda. MOTION: Council Member von Frank moved to approve agenda as amended, seconded by Council Member Resnik; motion carried 4-0. Council Member Dalack had left the room. IV. PRESENTATIONS A. Presentation of Resolution No. 22-02!03 to Mayor John Miner of Jupiter Inlet Colony Mayor Genco recognized the commissioners present from Jupiter Inlet Colony. Mayor Genco read Resolution No. 22-02!03 thanking Mayor John Miner of Jupiter Inlet Colony for his many contributions to the community, and presented Mayor Miner with a plaque and gavel. Mayor Miner expressed his appreciation for this honor. B. Presentation by Palm Beach County Commissioner Karen Marcus with general updates on County issues Recycled Paper • Mayor Genco introduced Palm Beach County Commissioner Karen Marcus, who provided an update of current happenings in the county and particularly m the north end. Comrrussioner Marcus reported the county was m a good state of readiness so far as national events were concerned and was also in good shape financially until the Florida legislature went out of session when cost shifting would be done sending costs to the counties for juvenile justice, Medicaid costs, etc., and requested any help from the Village to let legislators know that it was unacceptable to have local property taxes pay for State issues that should be State funded. Commissioner Marcus stated the county had no control over those programs so should not be asked to fund them. Locally, there were a lot of projects, including roadway construction on most major roads because of development in Palm Beach Gardens and Jupiter as a result of the MacArthur Foundation divestiture. Commissioner Marcus reported the county was working with Palm Beach Gardens and Jupiter regarding traffic, since they were running out of capacity on some of their roads, trying to tone down some of their developments, find reliever roads, look at acquisition of properties, etc., and although the municipalities were being very cooperative, Commissioner Marcus noted they might not always be successful, particularly for Indiantown Road. The Commissioner reported that the western corridor was planned to be completed in 2006 but had been expedited potentially because of sale of land to Lennar Homes and one of the conditions of approval from Jupiter was that it be completed in 2004. Commissioner Marcus reported that the county planned to wait on doing anything with local • annexation. The Commissioner discussed the traffic performance standards, which were currently under review to close loopholes so that residents would not have to sit through three or four times at a traffic signal. In a survey of 400 voters in Palm Beach County, traffic was the number one issue. The county had just closed on the Cypress Creek property off Indiantown Road west of the turnpike, would like to purchase more 500 more acres; and planned to complete buildings at Riverbend Park and open it up. The proposed design for the master plan of Diamond Head Radnor beachfront park in Jupiter was being finished, but Riverbend Park was scheduled to open first. Commissioner Marcus reported that Palm Beach Gardens might be moving forward to develop the District Park sometime next year. Council Member Resnik asked if Martin County now planned to connect the western corridor from Indiantown Road near I-95 through to U.S. Highway One in order to relieve traffic on Indiantown Road. Commissioner Marcus advised that the western corridor was now planned to end at Island Way. Council Member Resnik requested help when the western corridor became a reality with convincing Martin County to open the one-quarter mile section of County Line Road that prevented this cut through. Commissioner Marcus indicated the county would keep discussing this matter and she believed that Martin County residents would want it as much as Palm Beach County residents. L~ Howard Morton asked about burying power lines, to which Commissioner • Marcus responded that it would cost $8 billion to bury everything and right now there were no plans to proceed. Commissioner Marcus indicated that the county was hoping to get Tri Rail service all the way to Tequesta in another four to five years, and would notify the Mayor and Village Manager of the next Tri Rail presentation at an intergovernmental meeting so they could attend. Mayor Genco expressed hope that the old train station could be used. C. Presentation by the Palm Beach County League of Cities Executive Director Jamie Titcomb and President Dr. Carmine Priore Mr. Titcomb introduced Dr. Priore, who indicated there were five cities in the League, and the Village should designate someone to attend the meetings and participate in the various committees, such as legislative, transportation, policies and procedures, and ad hoc committees. Mr. Titcomb explained that the League worked with the county to help solve problems ranging from environmental issues to traffic. Who's Who directories were distributed, and the Village Council was advised of the League website which contained a calendar and links. A number of legislative agendas were published each year, encompassing Palm Beach County, Broward, and MiamilDade. A draft report of current events was presented and the Council members were urged to • read the materials presented and to contact the League with input. Other issues in which the League had participated were traffic, annexation, and local law enforcement block grants. An issues list was provided for the Council members' information. V. CONSENT AGENDA All items listed under Consent Agenda are considered to be routine and will be enacted by one motion. There will be no separate discussion of these items unless a Village Council Member so requests, in which event the item will be removed from the Consent Agenda and considered in its normal sequence on the Agenda. A. Village Council Regular Meeting Minutes of January 9, 2003.-Village Clerk Mary Miles B. Village Council Workshop Meeting Minutes of January 9, 2003.-Village Clerk Mary Miles. C. Special Master Meeting Minutes of October 24, 2002.-Village Clerk Mary Miles E. Board of Adjustment Public Hearing Meeting Minutes of November 18, 2002.-Village Clerk Mary Miles F. Approve Florence White's Retirement Agreement and Separation Benefits including remainder of her accrued sick benefits.-Village Manager Michael R. Couzzo, Jr. • • MOTION: Councilmember von Frank moved to approve the consent agenda minus item D which had been pulled, seconded by Council Member Resnik; motion carried S-0. D. Parks and Recreation Advisory Board Minutes of December 4, 2002. Mayor Genco announced that the Village finally had a Parks and Recreation Department, and commented on all the good things they had done, including the Valentine dance, Tequesta Idols talent contest, and all kinds of classes that people could take, and asked Parks and Recreation Director Greg Corbitt to stand for awell-deserved round of applause. The Mayor stated she would like to see the Parks and Recreation Advisory Board formally elect a Chair and Vice Chair and to come to the Village Council with things they would like done. Mayor Genco commented that the Village Council had already approved a number of things, one of which was the skateboard park, and as soon as the committee came to the Council with a recommendation of what to do on that it could proceed. The Mayor commented that one of the things on tonight's agenda was the ball fields, and indicated the Council would really appreciate the committee's recommendation on that and other things; and expressed the Council's appreciation for the committee's hard work. • MOTION: Councilmember Dalack moved to approve the Parks and Recreation Advisory Board minutes of December 4, 2002, seconded by Council Member von Frank; motion carried S-0. VI. COMMUNICATIONS FROM CITIZENS Ward Bertholf, 331 Tequesta Drive, requested that the Village issue a proclamation in support of the country's troops should war be declared on Iraq. Wade Griest, 494 South Dover Road, questioned whether the current Code Enforcement system was working since he believed nothing had been collected in the past 1-1/2 year for fines that had been issued and indicated he believed this should be looked into. Mr. Griest commented he had received information on the Siegel situation and the lien was still less than the median price of homes on Jupiter Island. Mr. Griest quoted figures on the amount of fines levied which did not equal the amount paid ($198,575 in fines and $4,725 collected during the past year); expressed concern with the time that was allowed to go by before a person was required to pay a fine; indicating that he felt the fine should take place immediately when charged; and also questioned where the fine money went when it was paid. Mayor Genco requested that the Village Manager provide a report on code enforcement. Village Manager Couzzo indicated he would provide a report for the past year, and noted that code enforcement was a problem in all municipalities and when compliance was not achieved liens were placed on the • properties, and usually only a portion of the liens were realized when the properties were sold. Discussion ensued. Vice Mayor Capretta commented the Village might want to either take a different approach or enforce the one they had. 4 • Vice Mayor Capretta recommended changing the code to ban boats and trailers of a certain size. Howard Morton, Fairview West, proposed making the bridge on Tequesta Drive an open sided covered bridge when the time to remodel came, which could become a landmark for the Village similar to the Jupiter Lighthouse. The Village Manager advised that the bridge would have to be replaced within the next five years, and that plans were in progress, although the top might not be completely covered. Harold Taylor, 13 Chapel Court, noted the roof of the restroom facility at Tequesta Park was badly in need of repair. V. DEVELOPMENT MATTERS A. Site Plan Review for Proposed PalmCorp Square Planner Carol Lux reviewed the site plan for the one and two-story office complex, PalmCorp Square. Ms. Lux reported staff had reviewed the project for compliance and found that it met the criteria. The applicant had agreed to plant and maintain a 5-foot easement if approved by the railroad. Landscape Architect Connie Fisher, who was doing the landscape beautification for the two corners of Dixie Highway, had • indicated she would go to St. Augustine to meet with FEC railroad officials about getting a 5-foot easement from the railroad in which to plant. Mayor Genco advised that any approval tonight would be contingent upon the 5-foot planted buffer, whether it was on the property or on an easement. Village Manager Couzzo noted the project location was north of Tequesta Drive and the Village was looking to develop a master plan to beautify that area along Old Dixie Highway eventually as far as County Line Road. The Village Manager indicated that the area south of Tequesta Drive along Old Dixie Highway now contained Walkers Warehouse and a Chinese restaurant, and there was no buffer, but east of Tequesta Drive these were new projects, and the landscape consultant for the developer had agreed to provide the buffer if an easement could be obtained. The Village Manager indicated that the Village planned to work with the businesses south of Tequesta Drive, including Rinker, to beautify that section. Jason Litterick from Gentile, Holloway & O'Mahoney Associates, representing the applicant, reported that Georgetown Place lined up with their rear property to the north and had 25-30 feet of existing scrub which continued to Tequesta Drive, so there would be a lot of vegetation remaining after PalmCorp was finished, but the applicant would be willing to remove exotics, and would be willing to provide plantings within the easement if granted. Mr. Litterick indicated they were willing to work with the Village regarding the landscaping. The • landscaping was reviewed. Mayor Genco asked whether a fence with a vine could be used if the easement was not granted and if existing plants were removed, to which Mr. Litterick agreed. Lou Stolman, PalmCorp • indicated that the loading docks would not have heavy use such as for an industrial area. Mr. Stolman indicated that they were willing to work with the Village to satisfy their requirements. The Village Manager advised that the Village planned to beautify the area east of the project, which would benefit the project. The railroad right-of--way area was described for Council Member Resnik, and it was estimated to be 150' with a minimum of 20' existing vegetation. Mr. Litterick advised that if the FEC did not grant the easement, the applicant was willing to erect a 6' high shadowbox fence along the loading area. Vice Mayor Capretta asked why the applicant had chosen that location for this project. Mr. Stolman explained that they felt this was a very viable location for this type of project and expected the leases to be $12 to $14 per square foot and would use part of the project for their own business. Discussion ensued. Jeff Newell clarified that if the Village Council approved this site plan it would then go to Community Appearance Board. Mayor Genco stated she thought that had been reversed, and Community Appearance Board should look at these projects first. Vice Mayor Capretta indicated twenty minutes had been wasted discussing landscaping which would be decided by the Community Appearance Board. The Mayor indicated that the Council never knew what the Community Appearance Board changed. Councilmember Dalack commented he believed if the Community Appearance Board read the minutes of this meeting they would have a good idea of what the Council wanted. Mayor Genco commented • Community Appearance Board should not be forced to make their decisions based on what the Council had predetermined. The process was discussed further. Mayor Genco commented it needed to go to the Community Appearance Board first and then if the Village Council rejected it, it could go back to the Community Appearance Board, and directed that it be done that way from now on. MOTION: Council Member Resnik moved to approve the site plan as presented for proposed ~'almCorp Square with the condition that if FEC Railroad did not grant a 5' easement by the time of issuance of the certificate of occupancy, a 6' high wood shadowbox fence would be erected and vines would be planted to grow on the fence. Motion was seconded by Council Member von Frank; motion carried S-0. B. Site Plan Review for First National Bank & Trust Company of the Treasure Coast Village Planner Carol Lux reviewed the site plan for First National Bank & Trust Company of the Treasure Coast for a sign to replace the existing sign. Donald Gould, Gould Signs, and Jerry Porter from First National Bank were present. Mr. Gould described the sign as approximately the same size and location as the existing sign. Mayor Genco commented the • Community Appearance Board might change the colors. Mr. Gould responded the Community Appearance Board had already reviewed the sign and liked it very much. 6 MOTION: Council Member Resnik moved to approve the site plan as presented • for First National Bank & Trust Company of the Treasure Coast. Motion was seconded by Council Member von Frank; motion carried S-0. The Village Attorney advised that the code required site plan review by Village Council and then review by the Community Appearance Board within 15 days. Discussion ensued regarding the approval process. Mayor Genco commented that the Village Council wanted to change that and when changes were made to the code, that was one of the things that would be changed. VIII. NEW BUSINESS A. This item was removed from the agenda B. First Reading-Ordinance No. 581-An Ordinance Of The Village Council Of The Village Of Tequesta, Palm Beach County, Florida, Amending Chapter 18 of The Code Of Ordinances At Section 18-4 So As To Allow For Adjustments By The Director Of Utilities Providing For Severability; Providing For Repeal Of Ordinances In Conflict; Providing For Codification; Providing An Et1'ective Date. Mayor Genco read Ordinance No. 581 by caption only on first reading. • Village Manager Couzzo indicated this Ordinance had been placed on the agenda to provide a means of adjustment for excessive water bills because of unusual circumstances. Mr. Couzzo suggested an amendment to the Ordinance to allow the adjustment upon the recommendation of the Utility Director and approval of the Village Manager; that it be permitted on a one-time per 12-month basis; and if recommended, only be allowed to adjust the tier. Vice Mayor Capretta suggested that as a preventative measure, when a water bill went up a couple of tiers, the water person should go out to the house to check. The Village Manager advised that current software had been adjusted and now provided a variance report which showed high readings; and explained that the Village was happy to replace meters since new meters were more accurate and usually produced higher bills than the old meters. A member of the audience reported she had the water company put a lock on her meter when she left town to prevent youngsters from turning on her hose faucet and letting it run. The Village Manager indicated the water company would be happy to do that for residents. Mr. Couzzo commented the Village was responsible for any breaks in the line up to the meter; anything on the other side of the meter was the responsibility of the property owner. The Village Attorney recommended the amendments be drafted into the Ordinance and then to bring it back for first reading. Discussion ensued and it was determined that time was not of the essence in this matter. r~ U 7 Motion: Council Member Von Frank made a motion to table first reading • of Ordinance No. 581 until the next meeting. Council member Resnik seconded the motion, which carried by unanimous S-0 vote. C. Resolution No. 20-OZ/03-A Resolution Of The Village Council Of The Village Of Tequesta, Palm Beach County, Florida, Authorizing The Execution And Delivery Of A Master Lease Agreement, Equipment Schedule And Related Instruments, And Determining Other Matters In Connection Therewith, To Allow The Village Of Tequesta To Purchase A Sutphen Custom Rescue Pumper Monarch Series And Related Loose Equipment In The Amount Of $397,922.02, Having Appropriated And Budgeted Funds To Pay Interest And Principal In Fiscal Year 9/30/03, And Authorizing The Village Manager To Execute The Applicable Documents On Behalf Of The Village. Mayor Genco read Resolution No. 20-02/03 by caption only. Village Attorney Randolph stated he already spoke to them about amending the section under the indemnification clause, limiting it to the clause of the requirements of Florida law. MOTION: Council Member von Frank moved to approve Resolution No. 20- 02/03, seconded by Council Member Resnik; motion carried S-0. D. Resolution No. 21-02/03-A Resolution Of The Village Council Of The Village Of Tequesta, Palm Beach County, Florida, Awarding A Proposal From Lawrence Fence Corp. of Jupiter, Florida, to Provide Two (2) Ballfield Fencing, Backstops and Dugouts At Tequesta Park In The Amount of $39,286.00, Having A FY 2003 Budget Allocation Of $40,000, and Authorizing The Village Manager To Execute The Applicable Proposal On Behalf Of The Village. Mayor Genco read Resolution No. 21-02/03 by caption only. Parks and Recreation Director Greg Corbitt stated this is the second phase of the park improvements for the ball fields at Tequesta Park. The project has been completed-unfortunately the fields are not playable and the grass has been dormant due to the cold weather. Including fencing around these fields, the project would be finalized. There are two fences along the back-along the sides of the base field and the outside. The end of January through May is when they are predominantly using the field. After May, we will use the fields for summer camps, and the multipurpose field in the back can be used for soccer and lacrosse. MOTION: Council Member Dalack moved to approve Resolution No. 21-02/03, . seconded by Councilmember Resnik; motion carried 5-0. 8 IX. ADJOURNMENT • Meeting was adjourned at 8:25 p.m. • r~ U