HomeMy WebLinkAboutMinutes_Miscellaneous_10/06/1993_Public Safety Committee TE
v' fs� VILLAGE OF TEQUESTA
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, Post Office Box 3273 • 357 Tequesta Drive
a Tequesta, Florida 33469-0273 •(407) 575-6200
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V I L L A G E O F T E Q U E S T A
P U B L I C S A F E T Y C O M M I T T E E
M E E T I N G M I N U T E S
O C T O B E R 6, 1 9 9 3
I. The Tequesta Public Safety Committee held a regularly
scheduled meeting at the Villac�e Hall at 357 Tequesta Drive,
Tequesta, Florida, on Wednesday, October 6, 1993. The
meeting was called to order at 9:00 A.M. by Chairman Joseph
N. Capretta, with Co-Chairman Ron T. Mackail in attendance.
Also in attendance were Village Manager, Thomas G. Bradford;
Village Clerk Joann Manganiello; Police Chief Carl Roderick,
Code Enforcement Board Chairman Paul Brienza, Code Enforcement
Officer Steven Kennedy, and Clerk of the Code Enforcement
Board Scott Ladd.
II. APPROVAL OF AGENDA
Co-Chairman Mackail asked to add under ANY OTHER MATTERS a
discussion on annexation. The Agenda was approved as amended.
III. REVIEW OF CODE ENFORCEMENT PROCEDURES OF TEQUESTA IN ORDER TO
ENHANCE THE SAME.
Code Enforcement Board Chairman Paul Brienza stated that
though 90% of the violators of Village Codes come into
compliance before coming before the Code Enforcement Board
(CEB), there is still that small percentage of hard-core and
repeat offenders who have fines which continue to accumulate.
It is the Code Enforcement Board's recommendation that the
Village Council should take steps to go onto the property, do
the work that is needed to bring the property into compliance,
and placing the charges in a lien against the property. Mr.
Brienza also stated that the CEB recommends to the Village
Council that the Ordinance 429 process of 15 days be speeded
up to better handle the harder cases.
Present cases which are problems consist of properties with
accumulated dead plant life, uncut grass, and structural
problems and pool problems.
Recycled Paper
Public safety Committee
Meeting Minutes
October 6, 1993
Page 2
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Chairman Capretta agreed that a presently pending case which
has high court costs probably would have been a far less
expensive case if the Village had gone onto the property in
the early stages of its violation to bring it back into
compliance. Discussions took place regarding who should be
given the authority to make the decision for the Village to
go onto a property which is in violation, in order to bring
it into compliance.
Co-Chairman Mackail reminded the Committee that a Palm Beach
County Judge recently implied that the Village of Tequesta
should be enforcing their own Codes, as opposed to bringing
before the Court. Mr. Mackail agreed that the Village should
enforce its own Codes when it is within the guidelines to do
so.
The CEO explained that there are two different processes for
violations:
1) Ordinance 429, Section 10-19 = This would end up before the
CEB only after the property owner has received the Notice of
Violation and has requested a Hearing before the CEB in order
to appeal the Notice of Violation. If the property owner did
not request a Hearing and did not comply within 15 days,
according to Ordinance 429, the Village can go onto the
property to bring it into compliance.
Village Manager Bradford stated that a Code amendment may be
necessary since the whole implication of Section 10-19 is a
process that begins before going to the CEB. Tf legal action
has already started under the CEB process, there may be a
potential problem of double jeopardy by then implementing the
Section 10-19 process.
Chairman Capretta was concerned about the legal ramifications
of a property owner not being made clearly aware that his
property could be foreclosed upon if liens against it rose to
a substantial sum. CEB Chairman Brienza suggested that
informing mortgage holders of liens against a property may
bring faster resolution of the difficulty. Co-Chairman
Mackail felt that amending the Code to cover all legal
liability of the Village would be the better solution and that
the enforcing bodies of the Village and the Homeowners
Associations should unify.
Public Safety Committee
Meetinq Minutes
October 6, 1993
Page 3
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Chairman Capretta stated also that since Tequesta Code
Enforcement activity is appearing as editorials in local
papers, it would be wise for the Village to submit accurate
numbers to be published regarding the number of violations,
the number of fines made and collected, etc.
The Committee recommended that Village Staff consider changing
Section 10-19 adding a provision whereby the Village is
required to notify the mo�tgage holder regarding liens against
the property. The Code Enforcement Officer will make the
determination whether to go onto tha property to bring it into
compliance. If the property owner continues to refuse to
comply and liens against the property begin to accumulate,
the next step would be to come before the Code Enforcement
Board. Village Staff will consult with the Village Attorney
regarding the legal rami�ications of this route.
1. The Village Manager will consult with the Village
Attorney regarding implementing the procedure of
notification (preferably by the Village Attorney) to be
sent to the mortgage holder;
2. Get Village Attorney's opinion on reducing the time
period of Section 10-19 to ten days or less; and whether
Section 10-19 is intended for cases that first come
before the Code Enforcement Board;
3. A rebuttal Letter to the Editor regarding Tequesta Code
Enforcement activity;
4. Recommend to the Village Council to take a different
approach to violations whereby the Code Enforcement
Officer uses, in applicable cases, the provisions of
Section 10-19 first before going before the Code
Enforcement Board. Tf this Section 10-19 procedure does
not work, the case will then come before the Code
Enforcement Board for processing.
5. Review the Rita Walters case with the Village Attorney.
Chairman Capretta stated that it is important to relate to the
Village Council that today's meeting is a discussion regarding
a change in process, which is a serious matter. He also
suggested that the Walters property be video-taped in its
present violation condition.
Public Safety Committee
Meetinq Minutes
October 6, 1993
Paqe 4
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IV. REVIEW OF PLAN FOR ADDRESSING PATROL OFFICER MANPOWER NEEDS
OF THE VILLAGE
Police Chief Carl Roderick informed the Committee that the
Police force is down three officers who are out on Workmen's
Compensation. One officer was in a traffic accident, hit by
a drunk driver, is in need of surgery, and may return to work
in 3-4 weeks; another officer has been out since February,
1993; and another has been out since March, 1993. One of
these officers has had four back operations and is readying
for a fifth from an on-the-job injury. The other officer has
had a neck operation (bone fusion). It is possible that these
last two officers may not be able to return to work at all.
One officer who resigned from the force has been replaced with
a part-time reserve officer. There is one more reserve
officer who is well qualified, and it is desired to bring that
officer on full-time to alleviate the under-manned police
force, with the understanding that if the other two officers
do return to work, the inducted reserve officer would be laid
off.
The present understaffed force is suffering morale problems
and fatigue because of the double shifts everyone must work.
Bringing a reserve officer on full-time would help to
alleviate the problem for the present time.
The Committee recommended that the reserve officer be placed
as full-time staff, and that the Police Chief search for three
or four more reserve officers.
V. ANY OTHER MATTERS
o Annexation: Co-Chairman Mackail suggested that since
Tequesta is now a full-service municipality, it is
imperative to address annexation. Chairman Capretta
agreed, stating that a pert chart of all potential areas
be created, selecting pockets of 200 residents or less,
showing the advantages and disadvantages of annexing
specific areas. Village Manager Bradford stated that
marketing the annexation program will be a very important
factor. Village Manager Bradford gave a'thumbnail'
sketch of those areas which are pro-annexation and those
which are con-annexation.
Public Safety Committee
Meeting Minutes
October 6, 1993
Page 5
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The Committee recommended that, by assuming there will
be a Referendum in March 1994, collect all data for
developing an annexation strategy, annexation strategy
be assessed, representatives to promote annexation be
appointed, a marketing program developed, and meetings
held with all those to be annexed.
o Village Manager Bradford mentioned that Martin County
plans to rebuild Island Way Bridge, increasing the size,
which will direct more traffic down Country Club Drive.
VI. ADJOURNMENT
There being no further business before the Committee, the
meeting was adjourned at 11:15 A.M.
Respectfully submitted,
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Fran Bitters
, Recording Secretary
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ATTEST:
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J ann Manganie o
Village Clerk
DATE APPROVED:
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