Loading...
HomeMy WebLinkAboutMinutes_Regular_04/11/2002 • � VIILLA�E OF T�QUESTA �'�' Post Office Box 3273 • 250 Tequesta Dcive, Suite 300 �� � Tequesta, Florida 33469-0273 • (561) 575-6200 *� ' , � Fax: (561) 575-6203 y VILLAGE OF TEQUESTA VILLAGE COUNCIL MEETING MINUTES APRII,11, 2002 I. Call to Order and Roll Call The Tequesta Village Council held a regular meeting at the Tequesta Recreatian Cerrter, 399 Seabrook Road, Tequesta, Florida, on Thursday, April l l, 2002. The meeting was ca,lled to order at 7:00 p.m. by Mayor Geraldine Genco. A roll call was taken by Mary Wolcott, Village Clerk. Councilmembers present were: Mayor Geraldine Genco, Vice Mayor Joseph N. Capretta., Councilmember Basil E. Dalack, and Cauncilmember Russell von Frank, and Councilmember Edward D. Resnik. Also in attendance were: Village Manager Michael R. Couzzo, Village Attorney John C. Randolph, Village Clerk Mary Wolcott and Department Heads. II. Invocation and Pledge of Atlegiance Councilmember Dalack gave the invocation and led the pledge of allegiance to the flag. III. Approval of Agenda Councilmember Resnik requested addition under Any Other Matters of a short statement on observations he had made around the Village. Vice Ma.yor Capretta requested addition under Any Other Matters of discussion of financing by municipal bonds to pay for the new Village construction. Mayor Genco requested item IX(E) become IX(A) to accommodate an applicant, and requested conection of a typo in item IX(G) by changing the amount in the 4�' line to $56,742.93. MOTION Councilmember° von Frank made a motion to approve the agenda as amended Councilrnember Resnik seconded the mot�on, which carriec� by unanamous S D vot� N. Unfir�ished Business Recyded Paper �. Village Council Meeting Minutes Apl'il 11, 2OO2 P�.ge 2 A. Ordi�rance No. 568—Se�ond Iteading—An Ordinance of the Villag� Council of the Village of Tequesta, Palm Be�ch County, Ftorida, amending the Comprehensive Plan of the Viltage of Tequesta, Florida in accordance with the Locat Government Comprehensive Planning and Land Development Regulation Act, as amended, adopting a smal! scaie development amendment to tbe Future Land Use Map in the area desxgnated on the attached exhibit, applying a Residential Low Densaty Land Use classification to a portion of real praperty located nn the north side of Riverside Drive, west of and adjacent ta a 15.Z3 acre parcel referred to as the Rood Property, containing approgimately 0.29 acres; �roviding for severability; providing for repeal of all ordie�ances in conflict; prov�ding for codification; providing an eff'ective date.—Consultant Jack Hmrnaman, JLHAssociates Village Attorney Randolph read C�rdia�a,nce No. 568 on second reading by caption only. There were no comments from the pubfic car th� Coe�ncil. MOTIOI�i: Councilmember Resnik made a motion to approve Ordinance No. 568 on second reading by caption only. Councilmember von Frank seconded the motion, which carried by unanimous S-0 vote. B. Ordinance No. 56'�Second Reading—An Ordinance of the Villag� Council of the �lilla�e of Tequesta, Palm Beach County, F'lor�cta, amending the Comprehensive Plan of the Village of Teqaesta, Florida imm accordance with the Local Gov�rnment Comprehensive Planning and Land Development Regulation Act, as �mended, adopting a small scale d�velopment amendment to the i�'uture Land Use Map in the area designated on the attached eghibit, applying a Residenti�l Low Density Land Use classifacation to a�artion of real property located on the north side of Riverside Drive, west of and ad j acent to a 15.23 acre parcel referred to as the Rood Property, containing approximately 0.34 acres; providing f�r sederability; providin� for repeal of all ordinances in conflict; providing for eoclification; providing an effective date.—Consultant Jack �Ior°nir�aan, JLHAs�ociates � Village Attorney Randolph read 4rdina;nce No. 569 oax second reading by captian only. Th�re vaere rao comm�nts fi�om the public or the Council. 1VIOTION: Councalmember von Frank made a motion to approve Ordinance No. 569 0� second reading by caption only. Councilmeinber von Resnik seconded the anotion, which carri�d by unanimou�s 5-0 vmte. Village Council Meeting Minutes ApY°i111, 2002 Page 3 --�-------0----------_� C. Ordinance No. 570--Second Reading—An Ordinance of the Village Counc�l of the Villa�e of Tequesta, Palm Beach County, Florada, Amendfng Ordinance No. 355, as amended, the Off'icial Zoning �rdinance of the Village, at Section V, Establisl�ment of Districts and Official Zoning Map, by amending the Zoning Map to apply a zoning designation to a portion of real property located north of Riverside D�ive, west of and a�djaeent ta a 15.23 acre parcel, referred to as the Rood Property, containing approgimately 0.29 acr�s, ta R 1 Single I+"amily Dwelling District; providing for severability; providing for repeal of ordinances in confli�ct; providing for codification; providing an effective date.—C'onsultant Jaek Hor�niman, JLH Associates Mayor �nco read Ordinance No. 5'70 on second reading by caption only. There were no comments from the public or the Council. MOT'ION: Councilmetnber R�snik made a mot�an to approve Ordinance No. 570 on second reading by caption only. Councilmember von Frank seconded �he motion, which carried by unanimous 5-0 vote. D. 4rdfnance No. 571—Second Read'ang—An .Ordinance of the Village Council of the'Village of Tequesta, Palm Beach County, Florida amending Clydinance Noo 355, as amended, the Official Zoning Qrdinance of the Village, at Section V, Establishment o�I�istricts and Official Zoning Map, by amending the Zoning Map to apply a zoning designation to a portion of real property located �xorth of Riverside Drive, west of and adjacent to a 15.23 acre parcel, referred to as the Rood Properiy, containing approximately 0.34 acres, to R 1 Single Family Dwelling District; providing far severability; providing far repeal of ordinances in conflict; providing for codification; providing an effective date.--Consulta�nt Jack He�rniriaan, JLHAssociat`es Village Attorney Randolph read Ordinance No. 571 on second reading by caption only. here were no comments from the publie or the Cauncil. MO°TION: Councilmeiteber von Frank made a motio� to approve Ordinance Na. 571 on second reading by captioaa onlyo Councalmem6er Resnik seconded the motion, � which �arried by unanimous 5-0 vote. Village Council Meeting Minutes April i�, 2002 Page 4 .��--�-----�____-_--�--- E. Discussion of possible act�on regarding pending litigation of �MZ Tequest� Properties.—Vllage Johri. G Randolph V�llage Attorney Randolph advised the Village Council that he had prepar�d for their review and possible a.ction ttus evening a draft letter to the attorney for JMZ Tequesta Properties, accepting their offer to purchase parcel 1, the Bridge Road property for $477,OQ0 and asked if they apprc�ved the letter and if he should send it Qn behalf of the Village. Attorney Randoph advised that if the Council wished to take other action he would request a closed door session. Mayar Genco advised the public of the contents of the letter, dated Apri19, advising JMZ Properties tha� the Village was accepting their offer to repurchase parcel 1 gn the amount of $477,000. Vice Mayor Capretta cornmented at a closed door session the Village Council ha.d agreed to make a proposal to Mr. Zuccarelli; however, on further thaught he believed that to be ill advised in t�at the Council did not assume there would be a count�r offer from Mr. Zuccarelli. �iayor G�nco indicated she did not understand why the course of action decided upan in the closed door session was not being followed. The Village Attorney explained that if Village Manager Couzzo had been successfixl in accomplishing item "A", the first course of action, then the Village Council would have at tlus meeting publicly pronounced that and would have taken action in regard to that. Since that had been unsucCessful, the Village Attorney had proceeded to course "B" decided in the closed door session arqd advised that decision must be mad� in public. MOTTON Councilmember Dalack movecl to authorize the Village Attorney to send the letter dated April 9, 2002< Councitmember von Frank seconded t6e ma�tion. Vace Chair Capretta asked for clarification that this would disregard Mr. Zuccarelli's counter offer. Mayor Genco indicated she felt that way. Vice Chair C�pretta asked if there was any problem discussing the matter. Attorney Randolph advised not to discuss pending litigation publicly. 1Vlayor Genco stated that she was in favor of accepting the offer in the November 9 letter from Mr. Zuccarelli �n which he noted that he was ready to close immediately, and the Village had come ap with a compromise to the word "immecliately" and the Village had made a sincere offer �nd the Village was now ready to accept the prior offer from Mr°. Zuccarelli immediately. Coancilmember Resnik asked if transmittal of the letter accepting the offer to buy back th� prmperty telling Mr. Zuccarelli he had up to 60 days to pay the Village for the property would resolve the latigation he flxad against t6e Village for not selling him lback the property< V�Ilage Attorney Randolph advised that was count one, a specific performance claam, so as a matter of course this wouid respond to tlaat spe�ific Village Council Me�ting Minutes ApI'll 11, 2002 �a.gE'. 5 ---------------4------- performance clairaa. Councilmember Resnik asked if there were any other issues for which Mr. Zuccaretli could 6ring the Village to task in litigationo Coancilmember Dalack eapressed his opinion that was getting inta m�tters that should be discussed in closed door session; Mayor Genco agreed, and stated discussaon sbauld be limited to the moteon of whether or not the offer woerld be accepted. Coancilmember Resnik indicated he would like to get out in the public if the Council voted to send the letter whether there was a chance the Vfllage would have other litigation. Village Attorney Ra..ndoiph noted that yes there was always potential fc�r Iitigataon in the event the Village did not receive releases. Vice Mayor Capretta cammented Mr. Zaccareili had already sent the Village another letter very clos� to what the Village had �vanted to settle for, and he was worried about the legal action goimg on and also that the difference b�tween Mr. Zuccarelli's offers in the two Ietters was only a€ew thousand dollars and an offer to drop all his lawsuits, which was hundreds of thousands in lega! fines. Vice Mayor Capretta stated he did not understand why the VilIage for a couple of thousand dollars would risk more lawsuits and more legal fees for liability. Mayor Genco st�ted that had beern discussecl at the closed door session. Vice Mayor Capretta stated the Couneil had inade an error in that meet�ng by not 1eav�ng a process other than tbe letter from 1VIr. Randolph and could have said unless Mr. Zuccarell� came back with an offet° very close to w4at the Village propvsea�. Mr. Zuccarelli had come back with a very close offer, and Vice Mayor Capretta stated he did not understand why for a few thousand dollars the Village �ouncil wauld subject th�mselves to a m�llion dollar lawsuit and �50,000 just bec,a.use a couple of people on the Council were peeved at Mr. Zuccarellie ltoll call vote was as follows: Councilmember Dalack — for Councilmember von Frank — for Vice Mayar Capretta — against Councilmember Resnik — against 1Vlayor G�nco — for The motion therefore carried 3-2> The Village Attorney stated that letter would go out the nezt day, V, PRESENTATIONS AND PItOCLAMATIONS A> Proclamation and Pledge of Civility in the Month of May. Mayor Geraldine A. Genco Village Council Meeting Min�txtes ApI"11 11, 2002 Pdge 6 -------------------.�___ Mayor Genco read alaud the proclamation and pledge of civility in its entirety. MOTION Coancilmember von Frank made a mot�oo to approve the Praclamation and Pledge of Civility for the month of May, 2002o Cou�cilmember Dalack seconded the motion, which carried by unanimous 5-0 vote. VI. Consent Agenda A. Village Council Regzalar°MeetingMimrtes ofMarch 14, 2002.—�illage Cle�°k1l�faay Wolcott B. Village of Tequesta Laeal Planning A,�ency Hea�°irag� 1Vli�utes of March 14, 2002.— Village Cle�°kl�fary Wolcott � Village Couneil Special M�etin,gMinutgs of Feb�°ucx�y 14, 2002.—Yillage CZerkMary i$'olcott I�. CommunityAppearance Board sitting as the Ti°ee Baa�°dMeeti�tgllflinutes ofAugust I,S, 2001.—Village el'erklVlary Wolcott E. Community Appearanee Board Meeting tl�linutes of December S, 2001.—Village Cle�k Mary Wolcott F. Resolutaon No. 37-01/02 A�esvlution of the Village Council of' the V'illage o, f T'equesta, Palm Beach County, Flor�ida, cammitting its portion af, fund.s crllocated pursuant to Resolutioa� R-2002-01.92 adopted by the Pcxlm Beach C'ounty Board of County Commissione�s on Feb�°ua•ry S, 2002 in accor�dance with section 318. 21 �10), �°lorida Sttrtutes, to the Nlunicipal Public Saf'ety Coriamunieations Consc►rtium Gommunications Project, providing an effective date; and for other purpos�e, (County funds earrnarked for our use if we choose to ga with the radio system) Police Chief Stephen J. Aldison Mayor Genco r�ad Resolution No. 37-01/02 by caption. Cc�uncilmember von Frank requested item 4c on page 2 be changed, statement of many items went up, to read substantial savings of over $300,000. Village Clerk Wolcott advised that in carnpliance with F. S. 112.3143, Councilmember Dalack had filed a memoa�andum of voting confli�t, that he dic� not vote on a$10,000 contribution to �he Lighthouse Village Council 1VIeeting Minutes April 11, 200� Page �' _______________________ Cer�ter for the Arts as his wife was on the faculty. M07"ION Councylmember von T+'rank an�de a motion to approve the Cvnsent Agenda with the changes as stat�d. Councilmernbea° Resnik seconded the motion, which carried by unanimous 5-0 vote, VII. Communications from Citi�ens Dorothy Campbell, 4 Tradewinds Circle, commented regarding voting in the Novernber election that 130 precincts out of 580 in Palm Beach �ounty had a perfect score. Ms. Campbell reported preeinct 14 in the Village had done it a11 right and she was very proud of the workers and had copies of the letter for their memory books. Ms. Car�pbell commented she was getting weary of people knocking the new votrng machines, wluch were very slick, and there would be absolutely no problem using theia� if everyone used common sense. Ms. Campbell provided a voter's guide from League of Women Voters for the Council and the public. IVLs. Campbell reparted she dYd not know if the clerk for Precinet 2 received a letter. Mayor Gen�o not�d two of the new voting rriachines would be on display at Tequesta Fest. Joe Hall, 159 Country Club Drive, commented he had been trgnng to find out when th.e sewer related items wauld be ec�mpleted on Country Club Drive. Mr. Ha11 reported that there were a lot of things still to be done and the lift station needed a lat of grading and a lot of landscaping, and asked to whom he should spea.k. Village 1lElanager Couzzo responded that he would get back to Mr. Hall, that Tom Jensen was sti11 vn the job, that the contractor was i� a penalty stage and was being charged and had tv get the work done to avoid further penalties and be able to get the retention back, which was a considerable amount. Vice Mayoa� Capretta asked about the old fire hydrarats that needed to be removed on Golfview and other streets, and when FPL would connect the streetlights on Country Club Drive. Village M�nager Couzzo explained there had been a technical problem, but FPL could no�v comp�ete the project. Vice Mayor Capretta proposed a celebration ofthe end ofthe project vvhen everything was completed and all the lights were turned on, with the hameowners assocaatian ruaiiung th� event with Village support and perhaps some funding. Vffi. Public �earings Ao Ordinance l�T�. 572--�Seconci Reading and Pablic H�arirtg An Ordinance of the Villa,ge Council Meeting Minutes April �i, 2002 Page S ----------------------- � Village Council of the Village of Tequesta, Florida, amend�ng the adopted Comprehensive Plan pursuant to Chapter 163, Florida Statutes, and Chapters 9J-5 and 9J-11, Florida Administratfve Code, applying a residential low density land use classificatio�a to a portion of peal property located on tlre north side of Ttiverside Drive, west of and adjacent to Tequest�. Pines Subdivision and the southern portion of Chapel Court Subdivision containing approzimately 15v23 acres, providing for a revision to the Village's Tuture Land Z7se Map; providing for codification, severability, and ef�Fective date and for other purposes. Village Attorney Randolph read Ordinance 572 on second reading by caption only. Mayor Gen�a declared the public hearing open Paul Carlson, Garderua Drive, ne�:t door to Rood, commented there was originally an ordinance number 561 which indicated the whole parcel of Rood prmperiy all the vvay to County Line Road was going to be annexed intc� Tequesta and designated R-1 zoning. Mr. Carlson �ndicated the picture in the Palm Beach Post gave him the impres�ion that was no longer the case. 'Village Clerk Wolcott explained that when tlus was originally adveatised, the Village had received the wrong map and therefore had subsequently re-advertised - with the correct map, and the applicataon was only for that area. Mr. �arlson asked what the original zoning had been. Jack Horniman r�sponded that the area under consideration tonight was residential low density and he was not sure what the designation was for the land to County Line l�oad. Mr. Carlson wondered �vhy the Village would want cammercial property adjouung homes which he understood were to be $300,000, and the property was commercial, and wa� filthy and noisy, and the Village might want to thu�k about tYris. There being no further comments, Mayor Genco declared the public hearing closed. MOTIUN Councilrnember von Frank moved to approve Ordinance 572 on s�ond read�ng by caption only. Councilmember Resarik seconded the motion, which cai°rriied by unanimous 5-0 vate. Bo Ordinance P+To. 573--Second Reading and Pubiic Hearin�An Ordinance of the Villa�e Councv of the ViIlage of Tequesta, Florfda, applying a zoning designation to a portion of real property located on the north side of Riversade Drive, west of and adjacent to Tequesta Pines Subdivision and the southern portion of Chapel Court Subdavision containing approximately 15.23 acres, to R 1 Singl� Family Dwelling District; malang certain findings of fact; pr�viding �11age Council Meetin.g Minutes Apri.i �1, 2002 Pa�e � for revision of the Viliage zoning map; providing for severability, and effectave dat�, and for other purposes. Mayor Genco read 4rdinance No. 573 on second reading by caption only and declared the public h�aring open. Jack Horniman commented that this would apply zoning tc� implement the land use just adopted. Heaxing no comments from the public, lalayor Genco declared the public hearing closed. MUTION Councilmember Resnik moved t� approve Urdinance 573 on second reading by caption onlye Councilmernber von Frank second�d the motion, which carititied by unanimo�s �-0 vote. � IX. Development Matters Village Clerk Wolcott swore in all those wisl�ng to speak regarding developmen� matters. M�yor Genco announced th�t items A-E were quasi judicial hearings. A. Qa�si Judicial Hearing for Bank Atlantic, 101 U.Sa �Jne North, fre�estanding sign-5ite Plan lteview. No member of the Counc�l reported any exparte communication. The ap�licant testified Bank Atlantic had purchased Cammututy Savings and that the signage had been approved aesthetically by the Community Appearance Board. The applicant requested cons4deration of a new Bank Atlantic rnonument si�n in the saxne location as the old Commuruty Savin�s sig€�, with the only difference being it wou�d be smaller. JeffNewell, Director of Community �Uevelopment, verified the applicaa�t's statements were correct. There were no comments #°rom the public. The applicant stated they were within the Village code and had met a11 conditions to replace the sign. MOTION Councilmember von Frank made a�notion to approve the freestanding sign as r�quested fox Banlz Atlantic based on the facts presented. C�uncilmember Dalack secc�nded the motion, whi�h carried t�y unanimous 5-0 voteo B. Quasi dudiciai Hearing for Yacht Cl�b Estat�s, 1�'acht Club (Tract D), Tequ�sta, Florida-- Prelimin�ry Plat o$' I'acht Ctub Pointa Village Council Meeting Minutes April ��, 200� - Page lo Exparte Communication: Councilmember Resnik reported he visited the site and spoke to Mr. Burg regardin� the location and improvements to the road. Cauncilmember von Frank reported he had seen l�Ir. Burg at the Core�unity l�evelopment Department where Mr. Burg had be�n researchi.ng the turnin� radius f�r emergea�cy v�hicles. Councilmember von Frank reported he also spoke to Mr. Brian O'Brien and asked �am to recommend a rovfer to replace his roof. Il�Iayor Genco reported she had spoken to Mr. Myers and Mr. O'Brien and had been ta the site 3-4 times, and people had called her supporting or opposed to passage ofthe application. Joseph Csrosso, attorney for applicant Jim Burg, thanked the Council for tabling this matter at the last meeting, and reported that a turnaround cornponent had been designed as requested by the Village Council whieh addressed safety concerns and provided the m�ximum cul-de-sac possible, while maintaining the minimum lot size requirements fur the proposed four lots. Mr. Grosso reported the road right-of-vway had been increased to 22-1/2 feet, bounded on both sades by curbs a,nd a 21-foot radius eul-de-sac t� replace the former dead end. Mr. Grosso reported that rnost vehicles could turn around and satutation trucks could make a 3-point turn. In addition, Mr. Grosso reported a 10-foot dra�nage easement had been added along the road to provide an open area for vehicles visiting the subdivision tp park. Mi Grosso commented the addition of a 4�' lot would not create additional impact on the roads since there would be a requirement that the interior lot be aceessed from the existing cul-de-sac. Mr. Grosso asked the Council to approve the application requiring the applicant to make the changes presented toni�ht. JeffNewell, Director of Community Development, reported that Mr. Burg had be�n directed by Council at their 1Vltarch 14 meeting to revise his plan to address the safety issue and retum tlus evening for further dyscussio� of his requ�est. Mr. Newell reviedved the modifications that had been made by the applicant. Mr. Newe11 advised th�.t the modified cul-de-sa� did not meet the Vi1lag;e code design �riteria which required a minimum 40-ft. radius or 80-ft.diameter to pavement edge plus �00-ft. diameter to the property line. The modified cul-de-sac was a 21-ft. radius which �v�ixld equal a 42-ft property line diameter. Mr. Newell noted tl�at slufting the raadway north had moved the drainage utilities to the south of the road, a.nd with a 1% roa.d slope to the south would force runo�into a drainage area �hich wauld carry it away. A dedicated 5' vv�de sidewalk ea,sement met Village code require�nents. Village Attarney Randolph cl�rrified this application came ta the Council undar the subdivision code, and under the law in the event an application for a subdivision tneets Village Council Meeting Minutes Ap�il ii, 2002 Pa�e 11 the provisions of the cade it would simply be an adrninisteria,� deczsion on the part of the Villa�e Coiznc�l whether to approve. The �illage Att�rney noted the burden is on the applicant to prove whether they meet a11 the code requirements, and if so, it would merely b� an adm�nisterial decision� based on c�tification from staff that cade had been met. The Village Attomey advised that in this parti�ular case he understood from staffthat there was a variance that is xequired from the cul-de-sac provisions of the code since th� cul-de-sac provided did not meet the code requirements. Mr. Newell verified there were no ather variances fY°om code other than the modifi�d cul- de-sac. Village Attorney Randolph advised the �illage �ouncil that they must make a deternunation whether or not they wanted to grant a varianee to that provision af t4se code. Village Attorney Randolph adv�sed there was a section of the code that indicates where the Council finds that extraordinary hardslup may result from strict complianee with the regulations, it may recommend variance to the regutation so that substantial justice rnay be dane and the public interest secured; provided, that such variation sha11 not have the effect of nullifying the intent and p�rpas� of the comprehensive development plan, th�e zoning ord�nance, or these regularions and saxch variances issued by the Village Council. Attomey Randolph advised that therefore the Cc�uncil's first step in entertazning tlus wa.s whether or not they would �vant ta grant a variance to the subdivision code; and th� next step would be to make a determinat�on, , if°they did grant that variance, whether or not they were going to gr�.nt the subdivision application which at that point would be an administerial function. Attomey Ra,ndolph advised that because thi� was a quasi ludicp�l.l hearing, all of the findings must be made on competent, substant�al evidence presented at these public hearin�s and not based on anything heard outside these hearings. With the decision made an eornpetent, substantial evidence it would be upheld by a court in the event it werrt that fax. Village Attorney Randolph explained this was a quasi judicial hearing because court cases, including a very recent Florida Supreme Caurt case of June 7, 2001, held tha.t a commissior� decision a a plat application is a quasi judicral praceeding and not a legislative proceeding. Attorney Randolph advised that although tlus was a replat it was looked at as a new plat a,nd the Village had the opportrAnity to apply all the regulations of the code as they related to this subdivision., and the prior plat was not relevant tonight. The Village Attomey clarified that no actior� taken tonight would affect the prior plat—it could still go foy as thr�e lots; and the sole question tonight was whether the Cour�c�l wanted to turn it into four lots. Mr. Newell explained the location of e�sting construction relative to the praor plat. Vice Mayor Capretta asked if the two choices were �he exis�ing 3 lots with a 20-foot roadway and everytlung else that was approved with it or the 4 lots as presented tonight with the wider roadway and the other improvements. Mr. Newell verified that was correct. Villa�e Coux�.cil Meet�ng Minutes Ap�l ii, �002 Pa�e 12 _�__�_�---------------- Public comment; Donna Meyers, 23 River Drive, passed out copies of the eode book. Ms. Meyers cornm�nted she had handed out copies of a code to the Councilmernbers and stated when they spoke of no variances, there was a variance here and a hardship that needed to be addressed. Ms. Meyers stated the �illage had not heard from the people living; across from the yacht basin – five families who had lived there and paid their taxes. Ms. Meyers stated the res�dents felt thas was an undue and unfair burden to be placed on them and to their property values to have reverse frontage lots. Ms. 1Vleyers requested the V�llage apply the code to have a 10-foot wide strip of some kind of sc�eerung and easement to provide those families some relief from the sound of every car that drove down that road. Ms. Meyers indicated that trees alone would nmt negate the noise. Jim Ryan, 20 Yacht Club Plac�, compared the four lots i� question with the existing lots which added up to 92,OQ0 s.f., and the difference was 35,000 s.£, which he indicated was too much density—more than he wanted in lus n�ighborhood. Mr. Ryan questioned wd�at the extraordinary hardship was and read the definition of hardship. Mr. Ryan noted the hardship could not be self created. Brian O'Bxien noted the road requirement was 60' in that area ar�d �vas to be extended according to code at the same width. Mr. O'Brien indicated he had no problem with the 3-lot subdivqsion already approved, but there was no reason to mak� the satne mistake tonight that was mad� the first time. Mr. O'Brien indicated he saw no reason to allow this substandard cul-de-sac, wluch would encourage 3-point tums �vith people ba�king towards the canal. Mr. O'Brien commented it was required by cad� to list utilities locations on the plat, that the part of wa11 to remain was not on the p1at, and a small outbuilding was shown on a current rendering to be us�d in mazketing but was not shown on the plan given to the Councal. T'he road width and the cul-de-sac would both be variances, a.nd Mr. O'Brien expressed concern that a precedent would be establis�ed. Mr. O'Brien stated he would appreciate a v�te against tlus application. Mary Hinton, 12 Oakland Court, coman�nted that her development had no interest in supporting attom�y's fees if the Village had to defend itself in a la�vsuit agains� tlus developer. Ms. Hinton fcaund it interesting this road had beent a dead end and all of a sudden the Village Council wanted a cul-de-sac for safety. Ms. Hintan noted this was done in the wealtluer neighborhoods while the Council had approved dead �nd streets in both Tequesta Oaks and �entex I-iomes Tequesta Trace. Ms. Hinton noted the pre�edent was already set and she hoped the Village Council would support this Village Councnl Meeting Minutes April ��, 2002 Page �3 -_---___,._-----�------- because it would increase the tax base and to avoid future lawsuits if this m�ets the code. Ja�li� O'Brien expressed opposition to the 4-lot subdivision, asked the Counc�l ta think about the prec�dent they would be settang if they approved this request. Harold Taylor, 13 Chapel Court, reported regarding safety he had researched and found FedEx and UPS trucks wer� equipped with clased eircuit TV with audio pickup on the back of their trucks arid dashboard mc�nitors, so they cotald see what was belund them; that Nichals Sanatation saw no problem. Mr. Taylor noted as far as appearance Mr. Burg's homes �vould be mare expensive and would upgrade the neighborhood; that in regard tv density he was not proposing condos or apartments and lus developmez�t would not change the density at all. Mr. Taylor urged the Cout�cil to look at ethics since they ha.d taken an oath to support the constitution, the �o�ernment of the United Stat�s, and the State of Florida and by impliGatian to uphold the laws and regulations of the Village. Mr. Taylor stated if the developer met the requirernemts far l�t size and covera.ge, then he should be granted approval to do that, and it seemed to lum the anly change Mr. Burg was making was an improveme�t over the foriner dead end r�ad. Nir. Taylor indicated he believed the Council would make the proper decis4on if they thought this out and did not act emotiernally. Cindy Stuve, 72 Wil�ow Road, expressed support for Mr. Burg's proposal a�d understood the 4` home only made it a b�tter prc�ject, and the anodified cul-de-sac was not substandard, but a safety issue that improved the property. Ms. Stuve commented aa�ywhere you live on the water, sound carried, but the people buying these homes would not be hoodlums and probably not making a lot ofnoise at 2 a.rr�. Ms. Stuve noted today people were buying homes, tearing them down, and building new updated homes, which was what Mr. Burg was doing and by adding the fmurth horrie it would increase property values. Ms. Stuve cornmented from what she had hea.rd by witnessing sorne of the neighbors it was not so much a safety issue but that t�ey seemed to have a vendetta to prevent Mr. Burg from having the fourth hotne, becaus� every point brought up by the neighbors was very w�ak Ms. Stuve pointed out that letting things stand as they were would mean three home, a dead end, and a narrow road, and questioned where the logic was. Fin� comments by the a�plicant: Attorney Rasso disagreed that this was a whole ne�v proposal and because the canfiguration of homes along the road was being chang�d did not see how that brought the road into play at a11. The applicant stated what was presented vv�th the Village Council Meeting Minut+�s Ap�il zx, 2002 Page g4 ______________,.______.._ cul-de-sac was a praposal orily if the 4 lots were approved and oth�r than that the road would stay the way it was. The applicant requested he be shown in the code the requrrement to consider the character of the neighborhood. The applicant noted this proposal was significantly safer than what was there and requested approval. Mary Ellen Aumack, 1 S Yacht Club Flace, commented the Village Council h�d been asked to review � new plat which she believed had a lot to do with the way it should be considered. Ms. Aumack noted tw� hames were for sale on Ya�ht Club Place for several weeks and had not sold. The applicant was give� a�hance to speak to these additional comments, but did not wish ta speak. Councilmennber Dalack commented he thought he had heard the Village Attorney sa.y that t�us application was implicitly asking for a variance. Village Attorney Randolph clarified that the plarirung department had advised that the cul-de-sac did not meet the requirements of the s�bdivision code; therefore, in order for an approval to be gratrted a variance ta that provision of the code would have to be granted. The burden was on the applicant to show they had rnet all requirements of the code and if they were seeking a waiver of any provision of the code the burden was on them to show why they were entitled to a variance. Counci�member L?alack asked the applicant to show why they were entitled to a variance. The applicant's response wa.s that they were not loolcing for a�ariance and therefore would not offer any evidence to suppoat the granting of a variance. The applicant, Attorney Grosso, added that at the last meeting this was tabled to provide an opportunity to make this safer; that Council specifically asked them to provide se�me kind of turnaround, and that is what they did. Mayor Genco asked if the applicant agreed that the cixirent plat was for three lots and did not have a turnaround or the other things that are being requested of you to do at this time. The applicant agreed. 1Vlayor Genco stated that then zf the appl��ant did not do the 3-lot subdivision but proposed a 4-lot subdivision, that would be a r�plat, was that correct? Attorney Grosso respanded that would be a replat of the lots surrounding the road but not the road. Mayor Genco commented the replatti�g was for the area contiguaus to the road, and asked as a result of replatting that area if the applicant wauld like to continue vv�th the variance that was granted to the 3-lot subdivision. Th� applieant responded they had no ability to change the raad and would like to leave the road where it was. Vice Mayor Capretta commented it se�med a strange conc�pt that the Village Council had approved, and a 20-foat road was in existence, �vhich was the same width as Yacht Club s�reet with no turnaround and then safety concerns �vere expressed so the applicant dvent to 22 feet, put in a turnaround, turned a house around so it didn't even go on that road any more, added a sade�valk and other t�ungs to satisfy the safety concerns vf the neighbors and made Village Council Meeting Minutes April �.�, 2002 Page i5 _______�.____�__________ the whole project look better and be safer, and did a11 this at lus own expense, and now the Village was sayang he was askkuag far a variance, but he was asking for an improvement. V�ce Mayor Gapretta asked the Council to rernember they were not here torught to vote on whether to approve the 3-house project and the 20-foot road; but were here to say wtuch they preferred—the 3-house project already �,pproved or the 4-house project �vith a 22-ft road, a turnaround, sidewalks, a seawall, etc., so if the 4-ho�se project was declined the 3-h��xse project would stand vvhich the Council did not like beeause it was unsafe and they wanted to find a way to satisfy the neighborhood. �ice Mayor Capretta commented the cheapest home would be $2 �llion, so the add�tional house would upgrade the nei�hborhood, thiS would be the finest neighborhood in the Village, and the appl�cant would �o back to �he 3-house plan with the nanow road if it was not approved. Attorney Grosso referred to the cade provisian which was used for the 3-house approval, wl�aich stated the Council had the ability to conf�rrn to a plan for the neighborhood and to approve or adopt to meet a particular sit�ation, etc. Attorney Grosso recalled there was no hardslup or variance request f�r that approval, and the hardship section of the code did not need to be accessed to have the ability to do this, but if the applicant needed to d� that �vhere were the hardships shown in the pro�eets rnentioned by Ms. Hinton. Attomey Grosso stated that obviously the applicant disagreed that hardship or a variance should be considered. Vice Mayor Capretta commented that the rqad and a11 the things the applicant was doing were just things to accommodate the neighbors, and lus attorney had said if he met the cc�des the Council must approve it. Vice Mayor Capretta cornmented that the Council could not change the cades retroactiv�ly and the Council had to understand this problem of camplying with their own codes or legally the V�llage would get into big trouble one day. Counc�member Resnbk commented he looked at tlus from the standpoint of legality, benefit to the entire village, and avoiding litigarion and extra cost; he had visited the property and spQken to the neighbors; arad did not understand what the grip�s were. Councilmernber Itesnik stated if tihe lots meet the code and the homes were built in accordance with the code, he did not see any legal reason why this should not be approved, and if the Council did nat approve it, it would go back t� three lots and a dead end street, which would hurt the Village from a tax standpai�t, possibly would hurt the Village from a litigation standpoint, the Councrl wnuld not be livin� up to their own code. Councilmember Resnik commented each �nd°avidual had the right t� express their f�elings but the Council could not look at it frozn the narrow perspective of 10-12 residents who for some reasc�n did not want 4 homes, and he did not know why. Councilmember Resriik did not unders$and why this vvould not be approved if it met code. C�uncilmember von �rank asked Attorney Grosso ifthe existing road referred tc� in the sec�nd paragraph of lus April 9, 2002 tetter vvas the 17' or the 20' rcaad. Village Council Meeting Minutes April il, 2002 Page 16 _______________________ Attomey Grosso cl�rified tha.t the reference was for the 20' raad. Councilmember von Frank asked why the Yacht Club Point Homeowners Association was responsible for ma�ntainnng the road if it had been dedicated to the Village. Attomey Rosso explaYned the burden was on the association and not on the Village. Councilm�mber von Frank, froan his 35 years experience in the insurance business, described a scenario �here an emergency velucle needed to park and open the door at the end of the road and there would not be eno�gh r�om to go a,round the door; a scenario where children playing ball could run after a ball that went behind the hedge into the water, and expressed safety concems for guests of the resident families. Mayor Genco noted that the new 1ot, lot 4, included the wedge parcel, and asked if that was included as green space, wliich was eonfirmed by Mr. Newell, and that the Village had no requirernent the land be c�ntiguous for the purpose of calculating �reen space. The Mayor indicated she would like the lot to stand on its own for green space calculations. Mayor Genco indicated she would be interested in seeing something with regard to safety as far as the roadway and the adjacent waterway, and that she understvod the eurb was part of accomplishing that. Mayor Genco also noted that the applicant would like to use pavers, axid she wou�d want to require a bo�d to the HOt� for maintenance ofthe pavers. The Mayor asked the status of the wa11 adjacent to the cul-de-sac. The applicant indicated he and the neighbor would request a variance to a11ow the wa11 to remain between them, vvith the rest to be removed. N�r. Burg indicated they would set aside monies for sidewalk construction to be constructed �hen th� road went in. Mr. Newell indicated Village policy was to put the sidewalks in when permits were issued. V�11age Manager Couzza commented Village Adrninistration, st�f, and the Village Attorney had spent consid�rable tune on thi.s, with the applicant, and with residents who were interested; tha.t it was a replat, and the road vvas a part of the replat. The Village Manager noted that the cul-de-sac as modified from the 3-lot subdivision did not meet code and would require a variance from the Village Council, and Administration, staff, and the Village Attoxney recommended that the Council consider that variance prior to considering the replat on the 4-lot subdivision. Councilmernb€r Resnik asked to whom the road belonged. The response was it was dedicated to the public. Councilmember Resnik comanented th.�s public road was addressed in the 3-house plat and left as a dead end, and if it vvas a public road and not owned by the applicant, why should the applicant have to have a variance in order to approve a 4-lot subdivision of the property. Attomey Randolph noted that was the applicant's argument, but Attorney Randolph's posit�on was this was a new subdivision and therefore the requirements ofthe subd�vision code must be met. Mayor Gence� �.sked if the applicant would be willing to consider t�e contiguous/nonmcontiguous suggestion; the applicant responded yes that they would not use th� non-contiguous land in cafculating pervious/impervious space. Attomey Viliage Council Meeting Minutes Apl°l� 11, 20d2 Page 1�7 -_-------s--------_-p__ Randolph noted that tlus and any other conditions agreed ta tlus evening would have to be placed in the declaration of covenants and restrictions, wluch was agreed to by the applicant. I)zscussion ensued regarding a bond for maintemance of the pavers. Attorney Rar�dolph advised a bond should not be necessary but a hold harmless agreement must be obtained. The applicant agreed. Mayar Genco noted that currently the Vil�age was having to maintain a concrete roadway in another subdivision, and sh� did not want that tc� happen. Attorney Randolph noted the maintenance must be to the satisfactic►n of the Village. Vice Mayor Capretta confirmed with Mr. Burg that the wedge parcel was not needed to be included in the squar� footage of the lot in order to meet code, but that the lot size exceeded code without it. Councilmember Dalack comrnented that the agenda item stated, preliminary plat of �acht Club Point, so it was clearly a new plat vvhich had to conform to the code. Cauncilmember Dalack agreed with Vice Mayor Capretta and Councilmember Resnik that if the plat met code the Council would have no alternative; however, it had just been demonstrated that it did not and because the plat ci�d not meet the code the Cauncil would be required to approve a deviation from the code before voting c�n the plat. The boundaries of the existing plat were clarified by Attorney Randolph; who stated the plat included the road and the lots. The applicant noted that the road was not a part of the replat and suggested writ�g "not included" c�� the road. Attorney Randolph stated his opuuon this was a new plat. Councilmember Dalack commented the appl�cant had not anet the burden of being entitled to deviata fram the code. Mayor Genco cs�mmented where they really were right now was that the Village yvould emd up with the 3-hom� subdivision; the 3 1ot owner coutd request a lot split and th� �Tillage would then have the 4 homes anyway, and indicated she had come to the conclusion this was b�tter than what the Village ha.d no�v. Mayor Genco commented she had proposed things to which Mr. Burg was agreeable—the hold harmless agreement and the contiguous property, and asked if there were any other issues the Council w�shed to include before a rnotion �vas made. Councilmember Resnik asked if a builder bought four adjac�nt lots on River Drive and wanted to ma.ke it a small subdivision, if that w�uld include River I�rive. Attorney Randolph advised that wouid not be a subdivisian if the lots were already platted so the road wauld not he included. Attorney Randolph advised the Council had the following optians: To disagree wxfih his opi�on that the applicant needed a vaziance in regard to the road; to gr�t it subject to the conditions that had b�en stated and the granting of a variance rela�ang to the cul-de-sac; or to deny the subdivision on the basis that they did not thia�k it rneets the code. Village Cauncil Meeting Mintxtes Apl~il 11, 2002 Page 18 _______m____�.__________ Councilraiember l�esra�k asked when the origznal plat was approved for the three lots whether a apecific variance was granted at that time to make this a dead end street. The answer was no, and Mayor Genco stated at that tirne the open space was so large the requirement for a tumaround was not a concern, but now there was a different concept design so the cul-de-sac had rnore validity. MOTION Councilmember Resnik made a anotion to approve the variance for the road with the cul-de-sac as proposed in the position as proposed with the safety fe�tures, that is, the curb and �vhatever else on the rYVer sicle the Mayar brought up, including the hold h�rmless clause, and to delay the installation of the sidewalks until the sidewalks are put in on the other portion of the street and the rest of the houses are built so as to make one contiguous side�valk rather than piecemeal sidewalks, and at the tYme the sidewalks at°e installed at a time to be determaned by the Village the homeowners will be required to install the sidewalks at their ezpense; and that the issue of lot #4 standing on its own using only contiguous property on the south side of the road be included 'an the motion; and that the wall abuttang the roadway up to the driveway of proposec� l�t 4 6e removed, and that the little buvding on the wedge parcel i�e removed, and that the homeowners dacuments shall6e amended to reflect these changes, that th�s is a preliminary pl�t approval, and that a short guardrail be installed approgimately 250' along the water's edge adlacent to the road starting between tots 4A and 3A, and the guardrail will stop between lots 1 and 2, and that area will be heavfly landscaped. 1Vlotion was second�d by Vice Mayor CapreLtao Roll call vote was as follows: Councilmember Resnik — for Vice Mayor Capretta — for Councilmember Dalack — a�ainst Councilmember von Frank — against Mayor Genco — for When voting, Councilmember Dalack stated he wa5 voting no with the eapl�nat�on that he thou�ght the developer would have to put in modifcatfons to make the road safer so he could sell the th�°ee e�,sting lots so he did not think that that hanging over the 6ead of the Coucacil was really accurate. The rnotion th�refore carx°iee13-2. Village Council Meet�ng Minutes Ap�il 11, 200� Page 19 A short break was taken at 9:24 p.m., and the Vill�ge Council reconvened at 9:37 p.m. C. 3'equesta Cay, A Centex Hornes Developrnent, So�th Side of Village Blvdo, f 350' west of U.S. Highway One—Centex Homes applicant Site Plan Review The Mayor announced this was a quasi judicial hearing and the wztnesses had already been swom. There ruas no exparte cornmunicatian reported by the Council. George Gsntile, President of Gent�le, Holloway and O'Mahoney, representing the appiicant., descr�bed the project and its location. Mr. Gentile noted the Village Council had rewiewed this under the sketch plan process and the applicant had accommodated all af th� issues raised at that time. Mr. Centile explained that tlus project was located within the mixed use district, �vhich had a number of different zoning allowances and issues than i� other zorning districts. Mr. Gentile noted this was the same praduct as approved for Tequesta Trace, which was being repeated because of the success of that pro�ect. Mr. Gentile reported the applicant had tried to modify to provide more green space in the front, and had provided 166 spaces although only 116 were required. Mr. Gentile indicated there was a parking aisle aro�nd the project, extensiv� landscaping, one of the r�cest entranc�s in this area of the mixe�l use distriict, and a great amount of green space along Village Boulevard. Bu�lding lot coverage alloeued was 62% but tlus was only 35%, and the green space for the overall proj�ct was just shy of 30%. An amenaty area would be located �n the center of the prc�ject vv�th sidewalks to acc�ss each unit. Community Developanent Director 3effNewell described the proposed Tequesta Cay site plan. The progosed project was to be developed as a planned mixed use development with 58 residential townhomes consistu�g of 8-unit and 10-unit buildings. Recreation facilities would be provided. The site plan had been reviewed by the D�velopment Re�iew Committee and the applicati�n was complete, with a11 fees paid. Staff recommended apprmval as submitted, including a waiver for approval of a temporary sales trailer. Mr. Gentile indicated the tra�ler vvould be used until the first model building was con�tructed, and a full landscape plan had been submitted, There were no public comme�ts; the applicant had no final comm�nts. Councilmember Resnik commented that when origin�lly proposed, this projes;t did not have enough parking places and were told to go back and nr�t to count the garages. When they came ba�k last ti�ne, they had put in parking places to cover a11 the spaces required, and the Mayor had advised she would be willing to g�ve up a few parkYng places to get more green space. Councilmemher Resavk stated he wanted to state th�,t Village Council 1VIeeting Minutes April xi, 2002 Fage 20 -----m----------------- for the record because they did not ineet the original sequirements, but he certainly thought th� pro,}ect was fine. MOTIUl�T: Councilmemb�r Resnik m�de a motion to approve the site plan for Teqaesta Cay as submitted including the waiver for approval of a temporaay sales trailer. Councilmember von Prank seconded the motion, which carried by unanimous 5-0 vote. D. Willow Gt�n, (Itc�ad, Morgan, Glendanning Properties}—Gentile, Hoiloway, O'Mahoney applicant Preliminary Plat Review Th� Mayor anx�ounced this was � quasi judicial hearing and the witnesses had already been sworn. There was no exparte communication reported by the Council. Jei� Spear with the Spear Group presented the preliminary plat for approval, based on the previously approved site plan. Jeff Ne�rell, Comanunity Development Director, reported comments received by the department. The first issue was on lot 51, the site of the lift station for t�e project, and Mr. Newell reported he was satisfied there would be no conflict with the zorung r�quirements when it eame tune to build on this lot, ha.ving had discuss�ons with the de�eloper and Paul Brienza of ENCON. The next issue was utility easements wluch the applicant requested be reduced from 15' to 10' and had learned froan discussions with Ra�ssell VVhite of the Utilities I)�partment and Tom Tensen of Reese Macmn that a ten-foot easement w�uld be sufficient. The third comment was from the Fire C�uef who asked for consideration of an extension o�' Sugarberry Way to the north boundary at the tnne the loop for the road was developed, asking for it to be stub out so that if there were ever future development to the north of this property that would alsa be a roadway into that development that would link up with County Line Raad. The 10�1ayar eommented that wh�n you looked at lot 21 that were that roadway to be �nstalled that would prevent egress to that praperty. Mr. Newell commented he had discussed the 23' easement with the developer because the driveway would have to cross it and the developer wauld ma.l�e sure there vcras language in the prote�tive covenants that if for some reaso� a line would have to be repaired there it wauld be the responsibility of the oumer of �,ot 21 to replace that driv�vvay and not the responsibility of the V�lage. The location of a force main and a water rriain wi�hin the 23' easement were clarified for Mayor Genco. 1V1r. Newell commented the applicant had comrnented it would be an undue hardslup for hian to provide a 23' easement because lot 20 would become unbuildable. Mr. Newell commented this particular Village Council Meetin� Minutes Apl°ll 11, 200� PagE 21 -------�_�----�__Ae�__d concept was not considered in the DRC review ar the site plan re�ew since it was an afterthought, but the Fire Chief did ask for that consideration. Mr. Newell noted that the 23' �asement was in the plans. Mayor Genco asked the probability of a road comin� through. l�Ir. Ne�vell indicated he had had no conversations with anyone fi om the county. Mr. Newell explained the legal language in the protective covenants was cur�°ently being addressed and the dedications. Mr. Newell noted there was the same waiver request for a sales trailer. The Iocat�on was n�ted. Mayo� Genco asked af the applicant would consider m�ving the trailer up to the oth�r lot to keep it away from the road so the neighbors uaould not have to look at it until the development v�as f nished. The applicant requested permission to ke�p it there since it was turned sideways and a lnt of landscaping was planned to help beautify it. There were no connmmeYrts from the �ublic. Councilmember Resnik commented that the document the Council received with all the corrections and comments on the HOA d�cuments, on the recommended changes to the dedications, the narrowing c�f the ri�ht of way for drainage, on the decision of locating the lift station and the decision on the dead end street. Since tlus was in negotiation, the Village Council did not know if these changes had been accepted. Councilmember Resnik asked what the C�uncil was approving tonight and if it was just the plat, why were a11 the do�uments received. �Vda°. Newell noted only the plat was to be approved tonight �nd these were comments on the preliminary plat review, but the covenants were currently under legal review. The final version would be presented at the tenta.tive final plat approval. Councilmemlber Resruk noted he had spent a lot of time on tlus and would have to go ov�r it again. Councilmember Rest�k commented when the plat was approved if the roadway modification had to be included. Mr. Newell noted a standard d�a�nage easement for the Village was dra�vn in at 15' and the applicant was asking that be reduced to 10' . Mr. Newell explained that would need to be approved tonight as a part of this plat and it would be changed on the preiiminary plat. Councilmernber Resnik commented he had no problem with that, but he had a problem with the lift station and the road, and who would buy a lot with a lift station in the front yard. Cou�cilmember Resnik asked why not put the lift station in the back. The applicant responded numerous locations had been considered and had moved it to the rear of the development and it wauld be level, with landscaping, with only a small drive for ana�ntenance. The appli�ar�t noted the lift station easement would be in the HOA documents and the purchaser would be made aware of the �as�ment on lus property and the pa�rpase of the easement, and tlus was on an oversize corner lat. Mr. Spear commented regardin� the dead end that he did not belie�e thati request could be accornrnadated since losing a lot would be a sigaiificant hardship and would cause �verything to have to be rearranged, including their financing. A time d�lay �vould �llage Ca►uncil Meeting Minutes Apl'1� 11, 2002 Pag� 22 ----------------------- also be involved. The original configuration and width of �mergency access had been reviewed by staff and the 23' feet was deeaned acceptable at that time. Mr. Spear felt the need for � future roadway connectaon through the Rood nursery would never be necessazy and was cornme�cial property and it dad not �.ppear to be a reason for a dead end stub. A utility easement and an emergency easement would be stab�lized and a portion would be the driveway for Lot 21. Mr. Gentile explainect that there would be an emergency breakaway gate, and the public would not have access, and it would not be a cut through r�ad. Councilmember Resnik questioned if a motion was made to approve this preliminary plat would the motion need to include agreement with the 10' drainage, that there was no objection to the lift station, and a waiver c�f the s�1�s trailer. It was clarified that the roadway was not inciuded. MO�°ION Vice Mayor Capretta rnade a motion to approve the Willow Glen prelianinary plat with the drainage easement reduced from 15' to 10', �v�th approval of t6e lift stat�on location, and wit6 approval of the sales trailer waiver, Councilmember Resnik seconded the motion, which carriecl by unanimaus 5-0 vote. Vic� 1Vlayor Capretta requested Mr. Newell prepare a chart of the process to avoad new councilmembers spending unnecessary time an iterns that would be coming back before the Council. Mr. Ne�vell advised that he and the Village 1dlanager were working on that and in the future information would be mcluded in the pack�ts on exactly what needed to be conszdered on each project. D. Tequesta F�re Training Tower, 901 Old Dizie Highway—Village of Tequesta, applacant 5ite Plan Revievcy The 1Vlayor announced this was a quasi judicial hearing and the wYtr�esses had already b�en sworn. There was n� exparte commu�cation reported by the Council. Community Development Director �effNewell explained that the Village ofTequ�sta was the applicant and the project was located in the C-2 zoning district, The fire training tower was approved at the March V�Ilage Council meeting and the Village wa.s in the process of getting the access agreernent with County Line Plaza, which was the only issue. Mr. Newell reparted that p�r his discussions with the F�re Cluef, the plaza was agreeable to tlus agreement. There was no publac ce�mment and no comments by the �Tillage Council. Vil�age (;ouncil Meeting Min�ates April 11, 2ao2 Pag� 23 _�_�___,.___�----___a_o_ Mo�oN CounciLnember Dalack made a motion to approve the Tequesta Fire Trainyng Tower site plan subject to receipt of an acceptable access agreement with County Line Plaza. Cot�ncilmember v�n Frank seconded the motion, which earried by unanimous 5-0 vote. Xo Nevv Business A. Discussion regarding tl�e feasibility and potential for future annexations into the Village. Planrung Consultant Jack Horruman explained that annexataon was a m�jor goal ofthe V�lla�e Cauncil, and past annexation attempts had failed for various reasons. Mr. Horniman cammented tha.t often incentives wer� necessary, and there rgught be a unique opportunity at thas time for the �illa�e to a11ow a cost incentive to annex under Palm Beach County's arinexation incentive program and the county rrught be willing to cost share. Four areas for consid�ration of tlus incentive program were identified: Bermuda Terr�.ce, I'ine Tree Drave, Jupiter Manor, and Anchorage Poir�t. `The iTillage had recently made sewer, water, and paving improvements in these four neighborhoods in conjunctie�n with ENCQN, and ENCON was gettir�g ready to put theu special assessments on the books. The annexation incentive prog� was typically set up to help municipalities and residents pay for needed improvements and help them cost share. Cotznty staflFwas giving positi�e respanse if the Village wanted to participate in this program. Mr. Hornim�n noted there would be other concerns during the annexation process such as police and fire protection and code enforcement, and tlus report dealt only with the fiscal aspects. Beginrring with Bermuda Terrace, where ENCON's assessment would be $7,500 per lot or appro�mately $700 annually if the 20-year bonding program vvas chosen for payment, Mr. Horniman explained the fiscal impact before and after annexation, discussing utility charges, franchise fees, fire rescue, and federal income tax write offs. On aver�ge, Bermuda Terrace residents vvould pay approximately �150 additional per yeax but if they entered into the 20-year repayment azid the annexation interlocal agreement with the county they would have ara annual savings of $320 ov�r the 20 year period, a11 tlungs being equal. For the Pine Tree neighborhood, Mr. Horruanan presented three different scenarios based on three different valuations of prop�rty wtuch showed $100,000 to $Z50,000 hoanes woulti realize an annual cost savin�s by bei�ng anne�ed into th� Village; the $500,000 homes would pay a li�tle more. In Anchorage Point properties valued at $150,000 could realize $300 savings annually; Vill�.ge Council Meeting Minutes Ap►ril ll, 2002 Page 24 $500,000 properties approximately a$70 annual savirags; and $800,000 properties would �ost more. Jupiter Man�r residents would not realize cost savings because of the high property values. If a11 these areas annexed it w�uld cost the Village appro�mately $470,000 but approximately $220,OU0 in add�tional revenue would be received by the ililla�e annually. The revenue received �vould pay offthe Village's cost in three years, so for the subsequent 17 years the $220,000 �vould be cleax. ldli H�rruman discussed financing pc�ssibilities, recomme�ded two separate referendums— one for Pine Ta and Bermuda Terrace because you had to have Pine Tree to get to Bermuda Terrace—�-and the other for 7upiter Manor and Anchorage Point. Mr. Horniman recomm$nded if the Village Counc�l feit they would like to pursue this program that they send sta#� out to aneet with the neighborhoods, present the fiscal informat�on, and bring back to the Council the feedback. After gaining a positive reaction the next siep would be to pursue the i�ncentive pro,�ram v�rith the county. Mayor Genco asl��d why the V�llage would want these areas ta be annexed. Mr. Horniman noted these areas were already using Village services, there wauld be minimal impact to police and fir�, squaring up Village boundaries, gotential tax base in the fixture, and planYUng advantages. Mayor Genco commented she felt cohesiveness would be a bi� issue and suggested phas�ng in code enforcement. M�. Hoa°niman sugges��d an annexation agreement vvith an amortization period, and he was unsure if the county would pay for alt the notices, etc. Vice Mayor Capretta commented it cost money to annex and previous efforts had failed. The Village had found that in lo�v cost home areas the residents vvere concerned about code enforeement which they looked at as restrictive. In areas with large homes and weatthy residents th�y did not want to pay any increa.sed costs. Vice Mayor Capretta noted leaders in each neighborhood were needed, and it was a very dii�'icult challenge and the whole Council must be very committed. Small enclave pockets could be taken over. �Iice Mayor Capretta noted there were many dif�erent opinions in each area on why people did or did not want to join the V�llage, all of wlvch wouid have to be answer�d. The Vice IVlayor commented Tequesta had higher taxes because they were full service and emergency response time was only 2 minutes, which could mean the difference between life and death. The Vice Mayor noted the finaaicaal zncentives might provide a chance to annex certain areas, and reeommended starting with a small area vvhere there was intea from a resident who could be the leader there. Ndayor Genco reported residents compla,uied about lack of eode enforcement in the county areas, and she favored pursuing the county program, and they might pay a lot �f the expenses and provide rnanpower also. 1Vlayor Genco reques�ed 1�1r. �iorniman come back to the Council with what the county would do Village Council Meeting Manutes Apl�ll 11 2002 Page 25 ----------------------- and �vhat the cost would be. Councilmember Resnik figured the 'Village cauld realize in �xcess of $3 million over 17 years nf all four parcels were anraexed. Councilmember favored presenting the horneowa�ers assc�ciations with the informa�ion to see if they were inclined tca �ain in an e�ort to get the ir�dividuals living there to vote it in. Ma.yor Genco notad tlus should be done now before the window of incentive was closed, which would be done very shortly. Vace Mayor Capretta recommended the leaders �f the sewer pr�ject in Bermuda Terrace b� used as key people since they had seen how advantageous it could be ta work with the Villa�e. Councilmember Resnik commented the Village sh�uld pursue either all the areas or none. Resident Peggy Verhoeven expressed he� �pinion that each member of the Village Council should go to the doors of the residents. Fred Angelo, Pa.lm Beach County Council of Fire Fighters and Legislative Vice Presid�nt of the Professgonal Firefiglgters and Paramedics of Pa1m Beach County, reported their organizations had been directed by their meYnbersh�p to �ppose annexation. Mr. Ang�10 agreed response time was critical; however, more than 2 firefighters were meeded and new sta.ndards were coming aut to have 18 firefighters at a fire vvithin 8 minutes aaad Teq�esta did not have that rnaaaiy people every day. The County also did not have enough peop�e, a�nd there needed to be a joint effort. 1Vtr. Angelo noted the County fire station was located 3 blocks from the Tequesta fire station and they could not even talk to �ach other, which was ludicrous, and it would be safer to have a countywide program. Mr. Angeio n�t�d annexation would mean �creased ca11s for Tequesta services. Mayor ("ie�co indicated everyone should vc together. Councilmember Dalack expressed l�is opinion this should be addressed �.s a fire situation and not an annexataon situation. Steve Newell, resident �f unincorporated Pa1m Beach County in the Jupiter Tequesta area, commented he w�s a firefighter, that annexation would aflFect where he lived and what he cared about was that the proper amount of firefighters get to his house and get his chald out. Village Mana�er Couzzo commented tha.t this was one of the iterns established by the Village Council for �um to bring before them axid it was in a very prel�ixunary fas�ion and did not require formal approval. The Village 1Vlan�ger noted the firefighters in Pal�n Beach County did a great job, but this was only �ne aspect af the overall annexation consideration. This was anly a preliminary assessment and he was before the Council to �ee if there was consensus for hian and the sta#�to proceed. Village Council Meeting Minutes April 1�, 2ooz Page 26 ___�------------------- MOTIUN Councilmember von Frank made a motion to direct the Village Manager and staff to egplore the varioas areas mentioned in Mr. Horniman's report regarding anneaataon. Councilmember Resnik indicated he wou(d like � g�nerr�ll idea of what would be investigated. The Village Manager responded there we�°e a number of thangs to be investigated regarding the firefighters, with county staff, and the possibility of increased costs. It was egplained that the county program was n�t g�ing to eapire but that the f nancial �ncentive the �Village could offer the homeowners would ezpire. The Village Manager ind�cated anvest�gatir►n could ezpand tl�e window with ENCON and with the county. Mr. Horniman indicated under present county commission posture and ENCCIN's position, he beVeved there would 6e time to do this negt year. Councilmember von Frank called for a second to h�s motion. Councilmember Resnik stated he was making th�s a discussion item abd as long as there was potential for cost savings for those anneaced based on opportunaties from the county, the Viilage s6oulcl investigate first; if that ceas�s and there is no financial benefit then it should be dropped. Mr. Horniman noted the fiscal issues had been presented but the other issu�s necded to be learned. Councilmember Resnik commented he was not seconding the motion but if the Council really wanted to annez these proper�ties as long as there �vas a financial inc�ntive then it should be looked at; af this was being done only because the Couneil had told tbe Village Manager to make this a priority �nd the Council did not know why they wanted to do it, it should be scru6bed. Motion faaled for lack of a second. Mayor Genco asked if the Council wanted to continu� to exp�nd staff time on the annexation issues or to stop. Councilmeynber von Frank — for Councilmember Resnik — for, orgly if there e.vas potential for cost savings Vice Mayor Capretta — for Councilmernber Dalack — for Mayor Genca a,nnounced there was consensus to continue. B. Desi�nation of Viltage Councilmembcrs a�ad Representatives to Various Govepnmental Assemblies. Mayor Geraldine A. (�enco 1. Palm Beach County League of Cities 2, Lozah�tchee �ouncil of Gov�rnments 3. Palm �each Countywide �eaches and Shores Council 4. Logahatchee Itiv�r Manage�nent Coordinating Council Village Council Meeting Minutes Ap�`1� 11 2002 Pdg� 27 --�------_a_v__m___�..__ 5. Palm Beach Countywide Intergovernmental Coord�nation Pro�ram. 6. NAMAC — Poiice 7. NAMAC — Fire 8. JTJB Chamber of Commerce Trustee 9. Eastward Ho C�ua�cilrnember Dalack ind�cated he had asked Palm Beach League of Cities be placed on an agenda by itself. Cc�uncilmember Dalack stated he would like to see every municipality involved in the declsions of the country and he had a specific idea in m�nd---explorin� the possibility of replacing the income tax with a federa� sales tax and had began ga#hering statistics. That vvas only one instanc�—there were other items that could start in the municipality, go to the League of Cities, a�d continue on to the state. °The League of Citi�s was discussed, and it was noted that they were not really a�xass roots movement. Councilmember Resnik indicated he did n�t wish to serve on any of these committees, Councilmember Dalack recornmended tabling tlus item to the next meeting. MO I4N• Councilmember Dalack inade a motion to table selection of representatives to various governmental assemblies to the nezt meeting. Councilmember v�n Frank seconded the motion, which carried Iby unanimous 5-0 vote. C. Discussion regarding Village Council Meeting to review capital proj�cts and establ'ash stormwate�° utility rates.—Vllage 1lfanager Michael R Couzzo, Jr. Village Manager Couzzo �nnounced that a Vitlage ordinance required stormwater utility meetings in April and May annually. CC�NSENSUS: Consensus was to hold a stormwater utility meeting April 29 at 5 p.m, to �ovc the regular May Counc2l meeting to May 16 at 7 p.m. with the second stormwater utility meetin� tm be held at 6 pem. before the Coancil meetin�> 1). Resolution leto. 38-01/02--A Resolutaon of the Village Council of the Viilag� of Teqaesta, Palm Beach County, Florida, awardirig a change orde�° to David Brooks Enterprises, of Palm Beach Gardens, Flvrida, in the amount of ��3,953000, for the purcl�ase and installation oF a security sy�tem in the Public Safety Facility at 357 Tequesta Drive for the Police and Fire Rescue I)epartments, with fiands a�ready budgeted in the Caprtal Projects Funds for the Village Council Meeting Minutes April 1�, 2002 Page 2� __�-�------------------- eanstructio� ot'the Public Safety Facility, having a 2001/2002 Line Item Amount of �155,555.00, Account Number 303-332-662-633 and Authorizing the Village Manager to execute the applicable documents on behalf of the Village.—Fire Chief ,Iames Weina�d Mayor Genco read R�solution No. 38-01/02 by caption. Fire Cl�ef James Weinand explasned that giving this item to David Braoks Enterprises for installation would be better in the long run for the Village because of a11 the coordinated effort required. Village Manager Couzzo expla.ined this was an a.ddition to the existin� contract. MCITION Councilmember Ites�ik made a motion to approve Resolution No. 38-01/02. Councilmernber von Frank seconded the motion, which carried by unanimous 5-0 vote. E. Discassion regarding the Hattie and Wilbua�t Saegel mat4�ro Attorney John C IZandolph Village Attorney Randolph indicated the litigation was concluded wath r�gard to th� Siegel matter and the Village had a lien against the property. The Village Attorney requested direction as tm h�w the Council wanted to handle tlus lien, and noted that the village could just allow the lien ta remain and when the property wa� sold to collect on the lien. Mr. Randolph commented that the problem with that was it d°ad not get the property cleaned up, which a11 the village had been attempting to do frorn the beginning. The second option was to foreclose on the lien, which would invalve foreclosure proceedings �nd Yitigation. A tlurd optic�n wauld be to ne�otiate to reduce or w�,ive the lien in exchange for the property being braught up ta code witlun a rea�sonable peri�d r�f tirne satisfactory to the village with the requirement the property be maintained. The Vill�ge Attorney recalled a prior agreement ta remove trash bin had not been complied �ith and violations had continued, so that with a requrrement to maintain the property the Village could do so. A prospectgve buyer was interested and he could enter into a contract subject to certain thin�s happerung. Mayor Genco corr�nented the e�sting l�en was novv at $840,000 and asl�ed the probability of giving the Sieg�ls 30 to 60 days to clean up the property and if cleanrap had not begun within that period �o take actian. Vice Mayor Capretta was in favor of foreclt�sure, which the Village Att�mey advised would take 6 months to a year and then could negotaate within that time but the Village could not go onto the property until foreclosure �vas Village Council Meeting Minutes April ii, 2002 Page 29 _______________�_------ completed. The Village Attorney advised instead of giving 60 to 90 days and then goang to fnreclasure the Village could be�n foreclosure a.nd still give a time period for cleanup. Vice Mayor Capre�ta noted the Siegels had shown utter disregard for their neighbors and they had been given 14 years to clean up their yard. 1VIOTION Councilmember von Frarak made a motion to instruct the Vill�g� Attorney to proc�ed imm�diately with foreclosure action against Hattie and Wilburt Siegel. Vice Mayor Capretta seconded the motian. Councilmember Resnik asked if the Vallage could get into that property to clean it up to which the Village Attorney responded not without going to coa�rt again, bat negoti�tion could continue cluring foreclosure9 Frank �affey,112611`" Court, Jupiter, reported he had had a brief conversation with the Siegels about pnrchasing their home, but the liens were so great she wauld want their name cleared and he suggested doing somet6ing with a letter of credit. Village Attarney Randolph advi�ed a settlement could be negotiated during t6e Foreclosure action. The Villa�e Attorney advised to keep an open mind regarding the process. Motion carried b� unanamoas 5-0 roll call vote. F. Discuss�on regarding t�e maximu�n ezpenditure the Village Manager can authorize, consideration of $7 Finance Director JoAnn Forsythe; Vdlage Manager Michael R Couzzo, Jr. Village Mana�er Couzz� explained tlais was merely a nurnber to place into �. draft ordinance ivluch was needed b�cause of the change in the Charter. 'The Village Ivlanager was directed by con�ensus ta find out ho�w much other murucipalities were authorized to spend. Village Manager Couzzo indicated he would provide that report when the ordanance wa� presented. Mayor Genco indicated $7,500 could be inserted or it could be left blank. G. Itesolutfon No. 39-01/O�--A R�solution of the Vitlage Council of the Village of Tequesta, Palm Beach County, Florida, approving a bid award for electracal and lighting at Main Street ta AMPCO Electric of Fort Lauderdale, Florida, in the amount of $565,742.93 (without alternate) 548,33t1.33, with funds b�ing appropraated from Capital Prolects Fund; Main Street, Pi�ase II—Streetl�ghts in the amount of $150,000.00, and authax°�ing the Village Manager to egecute the applicable contract on behalf of the Village.—�Zlage Manager �chael R Couz�o, mlr. Village Council Me�ting l0�iinutes Api`ll 11, 2002 Pag� �;O _-_-�------------------ May�r Cpenco read Resolution Na. 39-41/02 by caption only. Village Manager Couzzo explained that the budgeted aanount had been split in order to save money for the Village, and that Jim Humpage had a.ssisted in this on tus own time. MOTION Coun�ilmember Resnik macle a motion to approve Resolution No. 39-01/02o Councilmember don Frank seconded the motion, which carried by unanimo�as 5-0 vote. XI. Any Other Matters Vice Mayor Capretta c�mminented interest rates were risin� so the V�llage needed to act regarding financin�. XII. Ad,�ournment MOTTUN Councilmember Resnik �noved that the naeeting be adjourned Couneilmemml�ier von Frank seconded the motion, which carriecl by unanimous 5-Q vot� The mat�on was therefore passed and adopted and the meeting was adjourned at I2: 46 a . m. Respectfully submitted, Mary Wolcott Village Clerk DATE APPR4VED: