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HomeMy WebLinkAboutMinutes_Miscellaneous_11/30/1994_Public Safety Committee r VILLAGE OF TEQUESTA Post Office Box 3273 • 357 Tequesta Drive Tequesta, Florida 33469 -0273 • (407) 575 -6200 , Fax: (407) 575 -6203 o 9 4 f'CN CoUH "y VILLAGE OF TEQUESTA PUBLIC SAFETY COMMITTEE MEETING MINUTES NOVEMBER 30, 1994 I. CALL TO ORDER AND ROLL CALL The Tequesta Public Safety Committee held a regularly scheduled meeting at the Village Hall, 357 Tequesta Drive, Tequesta, Florida, on Wednesday, November 30, 1994. The meeting was called to order at 8:36 A.M. by Chairman Joseph N. Capretta. A roll call was taken by Betty Laur, the Recording Secretary. In attendance were: Ron T. Mackail and Joseph Capretta. Village Staff present were: Village Manager Thomas G. Bradford, Village Clerk Joann Manganiello, and Department Heads. II. APPROVAL OF AGENDA The Agenda was approved as submitted. III. CONSIDERATION OF PROPOSED COUNTYWIDE FIRE - RESCUE MUTUAL AID AGREEMENT (James M. Weinand, Fire Chief) Fire Chief Weinand explained that a countywide mutual aid agreement had been developed by the Palm Beach County Chief's Association which would provide additional resources to the Village of Tequesta and Jupiter Inlet Colony when needed at no cost or limited cost. Limited costs incurred would be for damage to equipment or for supplies such as foam, dry chemicals, fire extinguishing agents, etc. This agreement would provide mutual aid at no cost among all municipalities within Palm Beach County as well as with Palm Beach County, should they elect to join. If so, the existing Mutual Aid Agreement with Palm Beach County would still be needed since the County's specialized equipment would not be covered by the new agreement. Chief Weinand explained that in the event of a disaster that overwhelmed Recycled Paper Public Safety Committee Meeting Minutes November 30, 1994 Page 2 ----------------- - - - - -- Village resources, North County municipalities would offer aid. Chief Weinand responded to Co- Chairman Mackail that each municipality while on a call to another municipality was under its own liability insurance and that the organizational structure while on a call was that each responding unit would stay together and work as a team under their own lieutenant who would then report to the incident commander in charge of the incident at the incident location. Chief Weinand explained that among the North County municipalities manpower and equipment could be shared within a regional structure; however, the problem was in the very intensive training required and in getting the municipalities to commit. Chairman Capretta inquired whether an emergency plan existed, to which Chief Weinand responded the Village did have a plan, however, he was trying to obtain a copy of the County's plan in order to incorporate that plan and expand the plan for the Village. During discussion of how to provide maximum protection at minimum cost, Chief Weinand reported Pinellas County had accomplished that by providing dispatch service under a mutual aid agreement whereby the municipalities took care of service to unincorporated areas. Chairman Capretta stated someone needed to take the lead to come up with a plan to present to the County Commissioners. Co- Chairman Mackail reported this problem had been discussed at last year's NAMAC meeting resulting only in comparison of equipment. Chief Weinand explained there was also a communications problem between municipalities so that either a regional or countywide dispatch system was needed in order for units closest to a disaster to respond. Chairman Capretta suggested arousing public interest by a series of newspaper articles on the present waste which could be instituted by NAMAC and would result in alerting the County Commissioners to the problem. The $12.50 surcharge paid by the Village to the County on traffic tickets and earmarked for communication was discussed. Co- Chairman Mackail stated his belief that the Village should challenge the Attorney General's position of not allowing municipalities to recover those funds. Chief Weinand reported that NAMAC was exploring approaching the County to use those funds in a regional system. Village Manager Bradford suggested providing the legislative delegation with an outline of a local bill drafted by an attorney which would be taken to Tallahassee, and if passed, the law would be changed and Palm Beach County could be sued to return those funds. Co- Chairman Mackail suggested a Public Safety Committee Meeting Minutes November 30, 1994 Page 3 ----------------------- centralized dispatch system shared by both police and fire. Co- Chairman Mackail volunteered to raise the regionalized fire /police services issue at the next Municipal League meeting. Village Manager Bradford suggested enforcement of the 3% tax on hazardous materials to provide a source of funds for a regional Hazmat system. It was the consensus of the Committee to enter into the proposed countywide fire - rescue mutual aid agreement. IV. FOLLOW -UP CONSIDERATION OF ASPECTS OF THE "LANTANA PLAN" CODE ENFORCEMENT PROCEDURES 1) Maintenance and Appearance Standards Including condition of Paint and Colors 2) Landscaping and Open Space 3) Supplemental Code Enforcement Procedures (Special Master) 4) Public Relations Village Manager Bradford introduced Officer Richard Davis, who had been appointed Code Compliance Officer effective 10/1/94, paralleling The Lantana Plan which provides for code enforcement via the Police Department. In addition, Lantana also has adopted minimum property standards under code enforcement; has set up a public relations program in conjunction with the Lantana Chamber of Commerce whereby a fund was established to purchase materials for helping residents who could not financially comply with the property standards; has instituted within the Lantana Police Department a Boy Scout Explorers Program and provided Scouts to do property improvements for physically unable and /or mentally incapacitated residents as a part of the Boy Scout project requirements. Village Manager Bradford reported that Lantana's minimum property standards included basic primary colors of paint allowed on houses; required paint to be clean and in good condition; and set forth minimum landscaping open space requirements as a fully sodded lot, which would preclude residents from completely asphalting, concreting, or graveling their property. Code Compliance Officer Davis explained that Lantana had made use of the alternative in the state statutes called supplemental code enforcement procedures by utilizing attorneys as Special Masters to hear cases. Three Public Safety Committee Meeting Minutes November 30, 1994 Page 4 ----------------------- attorneys were kept on call and rotated as Special Masters. Officer Davis outlined the steps in the present system (1) identify violation, (2) verbally contact offender (3) use discretion in allowing time for compliance, not exceeding 30 days (4) re -check to see if violation satisfied (5) send certified letter, and wait specified number of days (6) recheck to see if violation satisfied ( 7 ) send another certified letter ( 8 ) call code enforcement board meeting. Under the Lantana Plan the process was simplified: (1) identify violation (2) issue citation (3) offender must contact Officer Davis after elapse of a specified time and if not in compliance would receive a hearing date (4) offender must appear before a Special Master who would decide the case based strictly on code. Only then if there were no compliance would the Code Enforcement Board be utilized. In three years, no one in Lantana had gone before the Code Enforcement Board. Officer Davis stated 60 -70% of his paperwork would be eliminated by adoption of the Lantana system. Officer Davis cautioned that there would always be people who would not comply no matter what system was used. Co- Chairman Mackail stated he supported Officer Davis' ideas 100 %, and agreed that a simplified, streamlined method was needed to eliminate excessive paperwork. He compared establishment of minimum property standards with standards established by an architectural committee within a homeowners association. Chairman Capretta also expressed support for a more efficient process utilizing citations and Special Masters, and mentioned that repeat violations were the biggest problem. Mr. Capretta stated that a plan was needed to set forth how broad an area of minimum standards would be established and what was to be encompassed, and that community support was needed. In order to establish community support the first steps could be enlistment of the Chamber of Commerce and the Homeowners Associations. Meetings could be held with the public to see how broad residents want the plan to be. After that, providing solutions to situations where people were physically or financially unable to comply could be dealt with. Mr. Capretta expressed his view that a positive image needed to be created rather than a program of coercion. He suggested starting the minimum property standards by targeting only one area, such as Public Safety Committee Meeting Minutes November 30, 1994 Page 5 ----------------- - - - - -- the home, and establishing possibly only three items for compliance in the beginning, so that the Code Compliance Officer would not be overwhelmed with citations, and then going into an area of older homes to begin the enforcement program with implementation of the program beginning next summer. Chairman Capretta requested that Officer Davis perform a test by surveying different neighborhoods to see what possible violations exist. Co- Chairman Mackail commented that he was scheduled to speak to a homeowners association on December 5, and felt if he explained this idea that the association would support it. Village Manager Bradford urged establishment of the plan in the near future in order to prevent many of the problems that Lantana faced because their town was older. The Village Manager summarized the desires of the committee based on the previous discussion as follows: Proceed with a plan patterned after the Lantana Plan- - (1) Draft sample ordinances for discussion purposes only to be used in meetings with Homeowners Associations (2) Determine cost to hire attorneys for use as Special Masters (3) Prepare an outline for a public relations program involving the Chamber of Commerce, an Explorer program, and financial support. Village Manager Bradford commented that Boynton Beach used a grant program to provide funds to people who were financially unable to do things. He explained that since Tequesta had an Explorer program in Fire- Rescue that possibly that group could be utilized, or possibly another Explorer program could be established in the Police Department which could provide help in the expanding area of community policing. Co- Chairman Mackail suggested that the three realtors actively pursuing sales in the area also be involved since they would probably support a strong enforcement program because that would make Tequesta a more exclusive community. Officer Davis suggested a list of code requirements- -what could and could not be done - -be given Public Safety Committee Meeting Minutes November 30, 1994 Page 6 ----------------------- to every new resident at the water department when they signed up to have their water turned on. Mr. Capretta pointed out that the 25- year -old homes were in danger of becoming eyesores and Officer Davis commented those homes were beginning to be rented out and that the code provided for no enforcement against renters. Chairman Capretta commented if the problem were not solved now that a future Village Council would have to deal with it, and it should be started next summer after the annexation had been accomplished. Co- Chairman Mackail suggested a draft ordinance be given to the Homeowners Associations boards to publicize through their newsletters. Chairman Capretta inquired as to the status of preliminary work on annexation. Village Manager Bradford explained he was waiting for financial data from Deputy Building Official Kennedy. Chairman Capretta urged that a firm be hired to plan it and to do it professionally. City Clerk Manganiello reported that her preliminary research revealed a cost of $100 to $300 an hour. Co- Chairman Mackail reminded those present that the Village had spent $25,000 for a charette. Chairman Capretta emphasized the importance of handling the annexation process in the best and most professional way in order to accomplish annexation, since the Village would not have another chance. It was the consensus of the Committee that Officer Davis should proceed with implementation of the citation and Special Masters process, determine the cost of the Special Masters, prepare a draft ordinance for presentation to Homeowners Associations, and inform the Code Enforcement Board of the changes in procedure. V. ANY OTHER MATTERS VI. COMMUNICATIONS FROM CITIZENS Wade Griest commented he was very interested in the Lantana Plan and had gone to Lantana to observe areas where it had been applied. Mr. Griest discussed property in his neighborhood where a violation existed with renters living in an RV. Officer Davis explained that Mr. Little who lives across the street would be coming before the Village Council with a hardship request for vehicles parked in his yard, and Public Safety Committee Meeting Minutes November 30, 1994 Page 7 ----------------- - - - - -- that enforcement of code violations had historically been suspended when such applications were to come before the Council, pending their decision. Officer Davis reported compliance problems as well with another neighbor, Mr. Vorpagel, a member of the Code Enforcement Board. Co- Chairman Mackail suggested it would be appropriate for Officer Davis to attend Village Council meetings to advise the Council as to the code when cases of this type were presented to them. Village Manager Bradford suggested another solution would be to remove from the code the option to appeal. Further discussion of the problem included not being able to enforce the code with renters, and Village Manager Bradford pointed out that their lease probably stated they must comply with local codes and ordinances. Chairman Capretta suggested a registered letter be sent to all real estate agents in the Village stating that the agent was responsible to be sure he was not misrepresenting Tequesta's codes and ordinances to renters. Village Manager Bradford provided the information that 14% of the population consisted of renters. Complaints about trash were discussed. Mr. Griest questioned whether the Village carried insurance to protect them in case they went onto a property to correct a code violation in the event they were sued for trespass. Officer Davis responded that the Village did not enter property without proper notification to the owner according to ordinance. Mr. Griest commented that members of the Code Enforcement Board were on the spot when issuing violations and fines against their neighbors, and many times did not know the complete story of the case, which made it even more difficult. Mr. Griest stated the homeowners associations had helped Tequesta by having their own rules for keeping property in good shape. Discussion ensued of establishing homeowners associations in areas that did not have them. Village Manager Bradford expressed his belief that this could be accomplished under the safe neighborhood act. Village Manager Bradford suggested that a review of approved site plans be done to reveal how properties had been changed since they were approved and to restore them to the original plan. Mr. Capretta reported that he had participated in a conference call with Mr. Divosta, who indicated that he would have a plan for his 15 acres in the near future. Mr. Griest reported he had contacted three real estate people recently and provided them with the section of the code which pertained to parking vans and not living in them, etc., and that they were very grateful to learn what the codes were. Chairman Capretta suggested the head of the Board of Realtors be invited to a Public Safety Committee Meeting Minutes November 30, 1994 Page 8 ----------------- - - - - -- meeting, and that responsibility of owners and real estate people for rental property be discussed. Co- Chairman Mackail agreed that subject needed to be looked into. VI. ADJOURNMENT There being no further business before the Committee, the meeting was adjourned at 11:30 A.M. Respectfully submitted, f a Bet�ur Y Recording Secretary ATTEST: Jo nn Mangani to Village Clerk DATE APPROVED: