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HomeMy WebLinkAboutMinutes_Regular_09/12/2002L' MINUTES REGULAR VILLAGE COUNCIL MEETING VILLAGE OF TEQUESTA THURSDAY, SEPTEMBER 12, 2002 IMMEDIATELY FOLLOWING THE LOCAL PLANNING AGENCY PUBLIC HEARING WHICH IMMEDIATELY FOLLOWED THE 7:00 P.M. PUBLIC HEARING ON TENTATIVE MILEAGE RATE AND FY 2002/2003 BUDGET 399 SEABROOK ROAD TEQUESTA, FLORIDA 33469 7:30 p.m. I. CALL TO ORDER AND ROLL CALL The Village Council of the Village of Tequesta held a Regular Village Council Meeting on September 12, 2002. Mayor Genco called the meeting to order at 7:30 p.m., and the Village Clerk called the roll. MEMBERS PRESENT: Mayor • Geraldine A. Genco, Council Member Edward D. Resnik, Vice Mayor Joseph N. Capretta, and Council Member Basil E. Dalack. ABSENT: Council Member Russell J. von Frank excused. ALSO PRESENT: Village Manager Michael R. Couzzo, Village Attorney John Randolph, Village Clerk Mary Wolcott, and Department Heads. II. APPROVAL OF AGENDA Council Member Resnik asked to add to ANY OTHER MATTERS a nomination of special recognition for a deserving resident. Mayor Genco asked to strike from the CONSENT AGENDA items E, I and J. MOTION: Vice Mayor Capretta moved to approve the agenda with the above noted changes; Council Member Resnik seconded. Motion carried 4-0. III. OLD BUSINESS A. Resolution No. 79-01/02-A Resolution of the Village Council of the Village of Tequesta, Florida; authorizing the issuance of a note of the Village in the principal amount of $5,000,000 to finance the cost of a new Public Safety Facility of the Village and to refinance an existing note of • the Village incurred for such purpose; providing that such note shall not be a general obligation of the Village but shall be payable only from certain non-ad valorem revenues as provided herein; providing for the nghts, securities, and remedies for the owner of such note, providing for the • creation of certain funds; making certain covenants and agreements in connection therewith; and providing an effective date. Finance Director JoAnn Forsythe Mayor Genco read Resolution No. 79-01/02 by caption only. Mayor Genco stated this is the loan we are looking at to pay for the Public Safety Facility. Finance Director Forsythe stated we have an outstanding credit line of $1,803,546 made up of amounts we originally drew down to $652,000 to pay for a portion of the facility we borrowed to pay off some additional costs coming through. We saved on interest. Now what we are asking is to go back and reimburse ourselves, as well as complete the cost of the Public Safety Facility, which comes to $5 million. We are told the cost is $4.78 million. Vice Mayor Capretta commented that cities usually have to use municipal bonds. The Council has committed itself to set aside money in the reserves and basically save up money, so when we go to build a city hall, we can actually pay cash for it and not incur any additional debt. MOTION: Council Member Resnik moved to approve Resolution No. 79-01/02; • seconded by Vice Mayor Capretta. Roll call vote: Council Member Resnik aye Vice Mayor Capretta aye Council Member Dalack aye Mayor Genco aye Motion carried 4-0. VI. PROCLAMATIONS A. Proclamation Declaring the Week of October 6, 2002 Fire Prevention Week in the Village of Tequesta. Fire Chief James Weinand Chief Weinand read the Fire Prevention Proclamation in its entirety up to the Mayor's declaration where Mayor Genco completed it. Consensus approved. B. Proclamation Congratulating the Children's Home Society for its century of commitment to Florida's children and for its programs and services.- Village Clerk Wolcott • Mayor Genco read the Proclamation in its entirety. 2 • Consensus approved. 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 Minutes of August 28, 2002.-Village Clerk Mary Wolcott B. Special Master Code Enforcement Hearing Minutes of June 27, 2002.- Village Clerk Mary Wolcott C. Special Master Code Enforcement Hearing Minutes of July 25, 2002.- Village Clerk Mary Wolcott D. Community Appearance Board Minutes of July 10, 2002.-Village Clerk Mary Wolcott E. • ~~ . F. Declare four vehicles-two 1996 Crown Victorias, a 1992 Chevrolet Pickup Truck, and a 1987 Ford Tractor-as surplus property to be auctioned with other North County governmental agency vehicles in October at the Town of Jupiter. Public Works Director Gary Preston G. Declare attached miscellaneous Fire Department items as surplus property to be auctioned. Fire Chief .lames M. Weinand H. Endorse Village Manager's approval of agreement between InSource Software Solutions, L.C. and the Village of Tequesta [as per the Village Charter Section 3.03 (9)].-Village Manager Michael R. Couzzo, Jr. ~ ~' ~ J. l~~es~t~~--rfo--T.r-~-a~~~eselu~ie~e~ v•»,,,.o r,,,,.,,.;~ „~ f~,o • , o~~ _ uau~ r ---- ~9E6a~i '~ v~v^~vKtv~`rs:9zr--nr-m~ •a F .ie ,-;1. .7 l.o oi,z~ • ~ ~L11VbM 1Vr ~T I~/l ~l~8Et9~-o~l?ff~-c~crrctc K. Resolution No. 80-2001/2002-A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, approving an Interlocal Agreement between Palm Beach County and the Village of Tequesta for the purpose of sharing geographic and land information and authorizing the Mayor to execute the same on behalf of the Village.--Chief of Police Stephen J. Allison MOTION: Council Member Dalack moved to approve; seconded by Vice Mayor Capretta. Motion carried 4-0. E. Approve site plan changes, i.e. changing to a "PVC" fencing system along the northwest portion of the property and to a vinyl coated chain link fence with inserted slats on the northeast portion of the property, for the new Public Safety Facility.-Community Development Director Jeffrey C. Newell Mayor Genco asked why the landscaping was being changed. Community Development Director Newell stated in the revilement you have new materials. The PVC fencing is in the new corner. Chief • Weinand stated the original landscaping was the large oak, and there was a problem putting large oaks under the power lines. It was suggested to put the hollys in, and the other architects agreed. Mayor Genco asked that we could take the Eugenia away, and maybe replace it with boxwood or something. Village Manager Couzzo stated the area is the future site for Village Hall, and on Monday we will begin clearing it. MOTION: Council Member Dalack moved to approve; seconded by Vice Mayor Capretta. Motion carried 4-0. I. Endorse the Village Manager's authorization of additional work performed by Terracon Services, Inc. on the Main Street project for a charge of $7,590.00 [as per the Village Charter Section 3.03 (9)].-Village Manager Michael R Couzzo, Jr. Mayor Genco asked why this was being changed and at whose request? Gary Preston stated the original plan did not go with the palm trees. And there was the addition of some irrigation. There were two bid packets: one for electrical and one for irrigation. Neither said the planter boxes had to be removed. Collar means planter. It is reinforced to keep the royal palms from moving. Terracon had picked up in these services early on. MOTION: Council Member Dalack moved to approve; seconded by Vice Mayor Capretta. Motion carried 4-D. 4 • J. Resolution No. 73-01/02-A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, vacating and abandoning a seven and one-half foot wide drainage easement located on the south portion of lot 12; a seven and one-half foot wide drainage easement located on the north portion of lot 13, according to the plat of Coconut Cove Subdivision, in the manner and form described herein; thereby repealing Resolution No. 43-01/02.--Community Development Director Jeffrey C. Newell Mayor Genco read Resolution No. 73-01/02 by caption only. Mr. Kraft stated apparently there is a drainage easement from the middle of the property and it runs to a bubble off structure. We are going to keep the swale structure. Mayor Genco stated we had issues before, and she doesn't see any reason to abandon it because it is adjacent to the waterway. The way it functions now is it doesn't function as a basin. It will actually be retained vs. having a big open end. Council Member Resnik stated if what was considered in the original approval was not a drainage area, and during the original review we looked at that triangle, but failed to include it in the proposal. All we are trying to do is correct the record, and I see no need for that little triangle drainage anymore. Community Development Director Newell stated it was in the advertisement, and it was in the application. Mr. Kraft stated this section • is not adjacent to the mangroves. Vice Mayor Capretta stated when you physically look at this, he doesn't see why we wouldn't grant this. MOTION: Councilmember Resnik moved to approve; seconded my Vice Mayor Capretta. Mohan carried 3-1 with Mayor Genco dissenting. Meeting recessed at 8:10 p. m. and resumed at 8:1 S p. m. VI. DEVELOPMENT MATTERS A. Good Shepherd Episcopal Church-Request for Special Exception Use, Variance to the Parking Requirements, and Variance to the Building Height.-Community Development Director Jeffrey C. Newell B. Good Shepherd Episcopal Church-Site Plan Review.-Community Development Director Jeffrey C. Newell Community Development Director Newell stated the applicant is asking for expansion of the sanctuary, and Mr. Phil Furnell is bringing in a brief overview. Agent Phil Furnell stated they are interested in trying to expand the sanctuary so they can add about 116 new seats and offer more programs than they have been able to offer in the past. It is intended to benefit the community as a whole. Anew 700 sq. ft. addition walking out the door would be facing Seabrook. We would add 36 parking spaces. We feel it will take approximately 12 months to complete. There would • be generous landscaping on the north side. The architectural theme would mirror what we are doing there now. There will be lots of low landscaping walls. We will be mstalhng stained glass m the normal windows as time goes on. Community Development Director Newell stated the second variance is building height. The building height limitation is 30 ft. If you were to approve the site plan tonight, the two variances would have to be approved with the special exception. He meets the setback requirements of the R1 District. Council Member Dalack stated parking is his big concern. He asked if there was anyway to project the impact of parking. Mayor Genco stated currently they are parking in the street, and occasionally overflow parking into the area here. Council Member Dalack stated it is his concern there would be hazard created with this. Community Development Director Newell stated this property has a mixed use. There is a thrift shop on the property. On Sundays, you only have worship services. Agent Phil Furnell stated the church has a working relationship with the shops at the gallery, so they have a cross parking agreement with the shops to use that area. Tom Brinkman, 81 Camelia Circle, asked if there was somewhere in the church where they had their loudspeaker on all of the time. He lives right • behind the church and from 8:30 to 9:00 he hears the loudspeaker. Richard Berube, Country Club Circle asked if it has always been an Rl District. Mrs. Pete Boyd, 81 Camelia Circle, stated they did not build the wall they were supposed to when they built the school. The churchyard is a terrible mess. Agent Phil Furnell stated they worked out an agreement with each of the owners for the kind of materials, landscaping and fence. They were going to work that problem out. MOTION: Vice Mayor Capretta moved to approve A and B; seconded by Council Member Resnik. Motion carried 4-0. C. Tequesta Country Club Maintenance Facility Expansion-Request for Special Exception Use and Site Plan Review.-Community Development Director Jeffrey C. Newell Community Development Director Newell stated there are two exhaust fans serving each one of those areas. In the application we require the . unity of title in order for them to make the expansions they are required to do. What you see is there is a 200 sq. ft. expansion which will be a wash down area for chemical storage. The fertilizers are out on the main 6 course, and he is not a believer in stockpiling chemicals. This will be a secured building. The Department of Agriculture regularly inspects these. Joe Hall, stated he had a conversation with the guy, and the chemical shed is going to be close. He doesn't think the equipment will be of concern, but the chemical shed is still going to be close to his house and would like someone to tell him there will be no health hazard. The shed has always been there. Council Member Resnik stated if we approve this, there will be statements that the approval is contingent upon the repair of the fence and hedge and relocation of the exhaust fans. Community Development Director Newell mentioned the fertilizer is going to remain at the other shed. And he currently only has a small amount of chemicals in the shed now. Village Manager Couzzo remarked the applicant indicated that an inventory would be on file with us, and that any changes in the chemical storage compositions will always be maintained with us. Community Development Director Newell mentioned it is required by the state, and anyone can copy us. MOTION: Councilmember Resnik motion to approve based upon the fence, hedge, and relocation of fans, and that there be a list of chemicals and their locations; seconded by Councilmember Dalack. Motion carried 4-0. • D. First Baptist Church-Request to erect freestanding sign and removal of the existing freestanding sign with modification.-Community Development Director Jeffrey C. Newell Community Development Director Newell stated the First Baptist Church submitted an application to seek approval of a free standing sign on church property. We have found it to be compliant with our code. They have a sign that says "Ocean of Love." They will be removing that and placing a wall sign. We would like to see the freestanding sign removed before it is replaced with the other one. No public or Council comment. MOTION: Council Member Resnik moved to approve; seconded by Council Member Dalack. Motion carried 4-0. E. Tequesta Cay-Final Plat Approval.-Community Development Director Jeffrey C. Newell. Community Development Director Newell stated the tentative final approval has occurred. In the process they have been reviewed and • accepted in form. They have submitted a bond and letter of credit. This allows the final approval to come forward. Upon approval of this they can 7 • record the plat. We required they make it a part of their covenants that people could not convert their garages. No public or Council comment. MOTION: Council Member Resnik approved upon contingency to add to their covenants the garage conversion was not allowed; seconded by Vice Mayor Capretta. Motion carried 4-0. F. Riverside Oaks at Tequesta-Final Plat Approval.-Community Development Director Jeffrey C. Newell Community Development Director Newell stated the same conditions apply here. We have approved the declarations and additions. They are correct in their form and sufficiency. All improvements must be installed and accepted by various agencies. No public or Council Comment. MOTION: Council Member Dalack moved to approve; seconded by Vice Mayor Capretta. Motion carried 4-0. . VII. COMMUNICATIONS FROM CITIZENS Bill Burldiart, Tequesta Motors stated they were not able to secure their Jaguar line, but the dealer who owns the Chris Craft line for the eastern half of Florida owns the Marina across the street, and will use this as a showroom. There will be other boats and their retro boat. They have a dealer in Ft. Lauderdale, but they believe it will bring people in from as far as Jacksonville. This is a high ticket item, $100,000. VIII. NEW BUSINESS A. Ordinance No. 575-First Reading-An Ordinance of the Village Council of the Village of Tequesta, Palm Beach County, Florida, amending the Comprehensive Plan of the Village of Tequesta, Florida in accordance with the Local Government Comprehensive Planning and Land Development Regulation Act, as amended, Adopting a Small Scale Development Amendment to the Future Land Use Map in the area designated on the attached exhibit, applying a Commercial Land Use Classification to a portion of real property located at 801 U.S. Highway One containing approximately 0.66 acres; providing for severability; providing for repeal of all ordinances in conflict; providing for codification; providing an effective date. Planning Consultant Jack Horniman Mayor Genco read Ordinance No. 575 by caption only. 8 MOTION: Council Member Dalack moved to approve Ordinance No. 575 • on first reading; seconded by Vice Mayor Capretta. Motion carried 4-0. B. Ordinance No. 576-First Reading-An Ordinance of the Village Council of the Village of Tequesta, Palm Beach County, Florida, applying a zoning designation to a portion of real property located at 801 U. S. Highway One to C-2 Community Commercial District; making certain findings of fact; providing for revision of the Village Zoning Map; providing for severability, and effective date and for other purposes. Planning Consultant Jack Horniman Mayor Genco read Ordinance No. 576 by caption only. MOTION: Council Member Dalack moved to approve Ordinance No. 576 on first reading; seconded by Council Member Resnik. Motion carried 4-0. C. Ordinance No. 577-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-5 and 9J-11, Florida Administrative Code, amending text within the Public School Facilities Element (PSFE) according to an interlocal agreement between the Village, Palm Beach County and Palm Beach County School District; providing for codification; severability, and effective date, and for other purposes.- Planning Consultant Jack Horniman Mayor Genco read Ordinance No. 577 by caption only. MOTION: Council Member Resnik moved to approve Ordinance No. 577 on first reading; seconded by Vice Mayor Capretta. Motion carried 4-D. *D. Resolution 81, 2002 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, approving the final balancing change order for the Tequesta Country Club -Phase 2 Improvements and authorizing a final payment in the amount of $172,000.00, authorizing the Village Manager to execute the payment. Mayor Genco read Resolution No. 81-01/02 by caption only. Mayor Genco stated she did have a question about the value of the approved change order at $2.2 million. She thinks that is the total change order, the Encon adjustments. Consultant Tom Jensen stated typically in a job like this it is typically repairs and redos. Council Member Resnik stated as he understands it, the money would not be paid until every item is taken care of on his list. Consultant Tom Jensen stated his list is now • complete, but he has not yet signed the payment. 9 • MOTION: Vice Mayor Capretta moved to approve Resolution No. 81-01/02; seconded by Council Member Resnik. Motion carried 4-0. IX. ANY OTHER MATTERS Council Member Resnik stated he would like to make a nomination for special recognition for a dedicated resident. The Council set up a policy where Council Members could nominate special members of the public to recognize. Tonight I am making a nomination for a dedicated citizen, serving on our Village Council for almost 15 years, and he had continued to be a strong advocate for maintaining the Police and Fire Rescue Departments, championed development and approval of our new Public Safety Facility. He is responsible for improvements to our water plant and stormwater drainage systems. I recommend that we name our new Emergency Operations Center the "Joseph N. Capretta Emergency Operations Center." Consensus approved. Mayor Genco stated she would like to do something in November to honor Roy Rood and his dedication. X. ADJOURNMENT • MOTION: Council Member Resnik moved to adjourn; seconded by Vice Mayor Capretta. Motion carried 4-0. Meeting was adjourned. n U 10