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.
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• 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.
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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.
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• 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
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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
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• 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.
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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.
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• 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.
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