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HomeMy WebLinkAboutMinutes_Regular_03/14/2002VILLAGE OF TEQUESTA Post Office Box 3273 250 Tequesta Drive, Suite 300 Tequesta, Florida 33469-0273 (561)575-6200 Fax: (561)575-6203 MINUTES REGULAR VII.LAGE COUNCIL MEETING VILLAGE OF TEQUESTA MARCH 14, 2002, 7:00 PM 399 SEABROOK ROAD TEQUESTA, FLORIDA 33469 I. II. III. CALL TO ORDER AND ROLL CALL QiA~. The Village Council of the Village of Tequesta held a Regular Village Council meeting on March 14, 2002. Mayor Genco called the meeting to order at 7:00 p.m., and Village Clerk Wolcott called the roll. MEMBERS PRESENT: Councilmember Russell J. von Frank, Mayor Geraldine A. Genco, Vice Mayor Joseph N. Capretta, and Councilmember Basil E. Dalack. ABSENT: Councilmember Sharon D. Walker. ALSO PRESENT: Village Manager Michael R. Couzzo, Jr., Village Attorney John C. Randolph, Village Clerk Mary Wolcott, and Department Heads. INVOCATION AND PLEDGE OF ALLEGIANCE Vice Mayor Capretta gave the invocation and led the Pledge of Allegiance. APPROVAL OF AGENDA Councilmember Dalack asked to move agenda item XIII A to right after the reorganization, just before "Unfinished Business." Mayor Genco stated she wouldn't mind moving it after "Unfinished Business," and Councilmember Dalack agreed. Councilmember von Frank asked to add an item, 15, to request a closed session regarding the Village of Tequesta and Siegel. Mayor Genco asked to strike XIV E from the agenda, and added the U. S. Baseball Association Resolution as the last item. She noted she received a letter from the Community Blood Center stating supplies were low. She stated she would like to add under "Any Other Matters" the subject of annexation and a workshop. Recycled Paper MOTION: Councilmember von Frank moved to approve the $10, 000 donation, seconded by Councilmember Resnik; motion carried 4-0. Councilmember Dalack did not vote because of a conflict of interest. Mayor Genco presented a Resolution plaque to Margaret Inserra of Lighthouse Center for the Arts. Meeting broke at 7:25 p.m., and resumed at 7:40 p.m. VIII. PRESENTATIONS AND PROCLAMATIONS A. See under "Unfinished Business." B. Status Report and Presentation on Construction of Public Safety Facility- Police Chief Stephen J. Allison Police Chief Allison deferred to Fire Chief Wienand. He stated that the project his about halfway through its first stage. They have been doing daily supervision and looking at everything they can do to save money. He showed large aerial photos of the construction that were shot on February 20, 2002. He remarked that next week on March 18~' they should be able to set trusses. Yacht Club Point, l Yacht Club (Tract D), Tequesta, Florida-Jim Burg applicant.-Community Development Director Jeffrey C. Newell 1. Replat of Yacht Club Point. 1. Swearing in of witnesses Village Clerk Wolcott swore the witnesses in en mass. 2. Disclosure of ex parte communications Councilmember Resnik stated he had been by the property and also talked to Brian O'Brien. Councilmember Dalack stated he, on Tuesday night, had listened to comments of the public and representatives of the landowners, plus he spoke to Brian O'Brien and Mr. Aumack and had their input, and went over some of the drawings. Councilmember von Frank mentioned that he was here on Tuesday and had to recuse himself because of advice of counsel. 4 • Capretta had come to the conclusion that Councilmember Von Frank was not serious or was being facetious. Attorney Randolph advised on a motion to reconsider it was made by someone on the prevailing side and anyone could second the motion. Motion was seconded by Vice Mayor Capretta. Attorney Randolph commented that the Village Manager had indicated to him that Councilmember Dalack had made a motion to deny that was seconded that had not been withdrawn. Councilmember Dalack stated he withdrew his motion to deny and now made a motion to reconsider the tabling, which was seconded by Vice Mayor Capretta. Mayor Genco stated there was now a motion to reconsider the developer coming back to the Council with another proposition which it was believed would entail a turnaround. Mayor Genco stated she would repeat herself • that she felt this was tantamount to blackmail, because had this development of four homes come before her when she voted on it originally she would not have approved it without a cul-de-sac. The subdivision code required a cul- de-sac, and the Council was now having to settle for something that was less than the subdivision code required. Mayor Genco stated she knew sometimes they had to compromise and now they were being forced into a situation of compromise because the developer did not take the time to really think through what he wanted to do with his property and all of a sudden in her opinion saw an opportunity of greater gain and chose to disregard the Village's codes and requirements. We now have to look at a compromise. Village Attorney Randolph stated he is making a motion to reconsider to defer, after that is voted on, if the motion to reconsider passes, then there can be a motion to defer. Motion to reconsider: Motion carried 4-1 with Councilmember von Frank dissenting. MOTION: Vice Mayor Capretta moved to table this vote until the next Council meeting to allow Mr. Burg to come back with his 17 proposal for a turnaround to avoid the safety problem. Seconded by Councilmember Resnik. Vice Mayor Capretta aye Councilmember Resnik aye Councilmember Dalack aye Councilmember von Frank aye Mayor Genco aye Motion carried S-0. IX. CONSENT AGENDA All items listed under Consent Agenda are considered to be routine and will be enacted by one motion. There will be no separate discussion of these items unless a Village Council Member so requests, in which event the item will be removed from the Consent Agenda and considered in its normal sequence on the Agenda A. Village Council Regular Meeting Minutes of February 14, 2002.-Village Clerk Mary Wolcott B. Board of Adjustment meeting Minutes of October 15, 2001.-Village Clerk Mary Wolcott • C. General Employees' Pension Trust Fund Board of Trustees Meeting Minutes of January 24, 2002.-Village Clerk Mary Wolcott D. Public Safety Officers' Pension Trust Fund Board of Trustees Meeting Minutes of January 14, 2002.-Village Clerk Mary Wolcott E. Designate Mosquito Control items-15 five-gallon containers scourge insecticide and 9 containers of Bactimos Briquets mosquito larvae-as surplus. Public Works Director Gary Preston F. Resolution No. 31-01/02-A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, approving a building inspection services agreement between Hy-Byrd Inc. Inspection Services of Lantana, Florida and the Village of Tequesta providing, on a regular basis, for construction inspections (building, electrical, mechanical & plumbing) for the Village of Tequesta for a term not to exceed thirty six (36) months, in the amount of $46,800.00 per twelve month contract period and providing for back-up plan review and building official services on an as needed basis for a term not to exceed thirty six (36) months, in an amount not to exceed $65.00 per hour; with said funds being appropriated from the Community Development Special Revenue Fund • having a Code Compliance/Inspections Division, and authorizing the 18 • Village Manager to execute the same on behalf of the Village.- Community Development Director Jeffrey C. Newell G. Resolution No. 32-01/02-A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, awarding a proposal from Information Management Services, Ormand Beach, Florida, for one Building Permits Manager Software program in the amount of $5,725.00. having a FY 2002 Community Development Special Revenue Fund Capital Outlay with a remaining balance of $8,500.00 and authorizing the Village Manager to execute the applicable proposal on behalf of the Village.-Community Development Director Jeffrey C. Newell MOTION: Councilmember von Frank moved to approve the Consent Agenda, seconded by Vice Mayor Capretta; motion carried S-0. i• X. ADJOURN TO LOCAL PLANNING AGENCY MEETING See Local Planning Agency Agenda MOTION: Councilmember Dalack moved to adjourn to Local Planning Agency Meeting, seconded by Vice Mayor Capretta; motion carried S-0. Meeting was adjourned at 10:42 p.m. XI. RECONVENE REGULAR COUNCIL MEETING Meeting was reconvened at 10:54 p. m. XII. COMMUNICATIONS FROM CITIZENS Dorothy Campbell, 4 Tradewind Circle, offered a present to the Council. She said we are officially the last to use the Votomatic voting machines, and we were also the first to use them. She presented the Council with an original votomatic machine with a butterfly ballot, a ballat box with chads in it, and an autographed picture of Theresa LePore and Carol Roberts. XIII. DEVELOPMENT MATTERS A. See above. B. Tequesta Fashion Mall, 150 U. S. Highway One, Tequesta, Florida-Gary Van Brock, applicant.-Community Development Director Jeffrey C. Newell i• Special Exception Hearing for retail use exceeding 3,500 square feet of gross retail per tenant area in Mixed Use District. 19 '~ 2. Site Plan Review. 1. Swearing in of witnesses Village Clerk Wolcott swore in witnesses en mass. 2. Disclosure of ex pane communications Mayor Genco, Councilmember Dalack, and Councilmember von Frank disclosed ex-parte communication with Mr. Van Brock. 3. Testimony of witnesses and cross-examination, if any a. Testimony by applicant None. b. Staff comments Community Development Director Jeffrey C. Newell stated that Mr. Van Brock is in the Mixed Use Zoning District and is proposing an addition to an existing tenant's space. He stated the seven criteria have been met, and its proposed use is a valid use, and the public health, safety and welfare is protected. The use conforms to all staff review and they support the approval of the special exception. c. Village Council comments None. d. Comments by the public None. e. Final comments by applicant Mr. Van Brock stated Puritan Cleaners occupies this space, with the extra space it is less than 3900 square feet. 4. Executive Session a. Discussion None. • b. Finding of fact based on competent, substantial evidence, and motion to approve/deny. 20 MOTION: Vice Mayor Capretta moved to approve the special exception, seconded by Councilmember Dalack; motion carried S-0. MOTION: Vice Mayor Capretta moved to approve the site plan, seconded by Councilmember Resnik; motion carried S-0. C. Fire Training Tower, 901 Old Dixie Highway, Tequesta, Florida-Village of Tequesta, applicant.-Community Development Director Jeffrey C. Newell 1. Special Exception Hearing to allow a Public Safety training area, a three story tower within the C-2 Community Commercial District. 1. Swearing in of witnesses Village Clerk Wolcott swore in en mass all witnesses for the remaining quasi judicial hearings. 2. Disclosure of ex parte communications Councilmember Resnik stated he spoke to the Fire Chief. • 3. Testimony of witnesses and cross-examination, if any a. Testimony by applicant See below. b. Staff comments Community Develoament Director JeII'rev C. Newell stated this is in a C-2 Commercial District, so we are looking only to approve a special exception use for this tower. c. Village Council comments None. d. Comments by the public Cyrese Colbert asked if the public would be notified within a certain radius. Community Development Director Jeffrev C. Newell responded • that they would. 21 • e. Final comments by applicant None. 4. Executive Session a. Discussion None. b. Finding of fact based on competent, substantial evidence, and motion to approve/deny. MOTION: Councilmember Dalack moved to approve the special exception, seconded by Vice Mayor Capretta; motion carried S-0. D. Willow Glen Subdivision, north of Riverside Drive and adjacent to Tequesta Pines Subdivision, Tequesta, Florida-The Spear Group, applicant.--Community Development Director Jeffrey C. Newell 1. Site Plan Review. 1. Swearing in of witnesses • See above. 2. Disclosure of ex parte communications None. 3. Testimony of witnesses and cross-examination, if any a. Testimony by applicant George Gentile, representing the Spear Group, stated they have met with the residents of Tequesta Pines, and provided the Council a letter of agreement from them. Liz Schauer, Tequesta Pines Homeowners Association President stated they have agreed with the plan that Mr. Gentile had faxed to Mr. Brienza, the one you have now. The one thing that upsets the residents has nothing to do with the development per se, but no one was ever notified that they were coming in. George Gentile stated he spoke to Mark Sinkhorn from the Department of Engineering with the County. They have concerns . with drainage problems on Riverside Drive, and some offers were 22 • made by the developers. The issues outlined in the letter to Mr. Newell have been fully addressed. b. Staff comments None. c. Village Council comments None. d. Comments by the public None. e. Final comments by applicant None. 4. Executive Session a. Discussion None. b. Finding of fact based on competent, substantial evidence, and motion to approve/deny. MOTION: Cauncilmember von Frank moved to approve the site plan subject to final approval of the subdivision, seconded by Councilmember Resnik; motion carried S-0. E. Tequesta Cay Subdivision, Village Boulevard, Tequesta, Florida-George Gentile applicant.-Community Development Director Jeffrey C. Newell/Consultant Jack Horniman, JLHAssociates 1. Revised Sketch Plan Review 1. Swearing in of witnesses See above. 2. Disclosure of ex pane communications None. 3. Testimony of witnesses and cross-examination, if any 23 • a. Testimony by applicant George Gentile stated they added more parking spaces since the last time, and a little more green space. They still meet all of the Village's requirements for units there. b. Staff comments None. c. Village Council comments Mayor Genco remarked they did a good job revising. Vice Mayor Capretta stated when you look at density, if you look at units per acre at Tequesta Oaks, it is only 12.7. The Council was concerned, and we tried to force the developer to buy a strip of land to make up the difference. When you are looking at the criteria, you have to look at open space as well as units per acre. I had Mr. Newell look at that. d. Comments by the public • None. e. Final comments by applicant None. 4. Executive Session a. Discussion None. b. Finding of fact based on competent, substantial evidence, and motion to approve/deny. MOTION: Vice Mayor Capretta moved to approve the sketch plan, seconded by Councilmember von Frank; motion carried 5-0. XIV. NEW BUSINESS A. Ordinance No. 568-First Reading-An Ordinance of the Village Council of the Village of Tequesta, Palm Beach County, Florida, amending the Comprehensive Plan of the Village of Tequesta, Florida in accordance with the Local Government Comprehensive Planning and Land 24 . Development Regulation Act, as amended, adopting a small scale development amendment to the Future Land Use Map in the area designated on the attached exhibit, applying a Residential Low Density Land Use classification to a portion of real property located on the north side of Riverside Drive, west of and adjacent to a 15.23 acre parcel referred to as the Rood Property, containing approximately 0.29 acres; providing for severability; providing for repeal of all ordinances in conflict; providing for codification; providing an effective date.- , Consultant .lack Horniman, JLH Associates Mayor Genco read Ordinance No. 568 by caption only. MOTION: Councilmember von Frank moved to approve Ordinance No. 568, seconded by Vice Mayor Capretta; motion carried S-0. B. Ordinance No. 569-First Reading-An Ordinance of the Village Council of the Village of Tequesta, Palm Beach County, Florida, amending the Comprehensive Plan of the Village of Tequesta, Florida in accordance with the Local Government Comprehensive Planning and Land Development Regulation Act, as amended, adopting a small scale development amendment to the Future Land Use Map in the area designated on the attached exhibit, applying a Residential Low Density Land Use classification to a portion of real property located on the north side of Riverside Drive, west of and adjacent to a 15.23 acre parcel referred to as the Rood Property, containing approximately 0.34 acres; providing for severability; providing for repeal of all ordinances in conflict; providing for codification; providing an effective date.- ConsultantJack Horniman, JLH Associates Village Attorney Randolph read Ordinance No. 569 by caption only. MOTION: Vice Mayor Capretta moved to approve Ordinance No. 569, seconded by Councilmember von Frank; motion carried S-0. C. Ordinance No. 570-First Reading-An Ordinance of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Amending Ordinance No. 355, as amended, the Official Zoning Ordinance of the Village, at Section V, Establishment 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 Drive, west of and adjacent to a 15.23 acre parcel, referred to as the Rood Property, containing approximately 0.29 acres, to R-1 Single Family Dwelling District; providing for severability; providing for repeal of ordinances in conflict; providing for codification; providing an effective date.-Consultant Jack Horniman, JLH Associates 25 • Vice Mayor Capretta read Ordinance No. 570 by caption only. MOTION: Councilmember von Frank moved to approve Ordinance No. 570, seconded by Vice Mayor Capretta; motion carried 5-0. D. Ordinance No. 571-First Reading-An Ordinance of the Village Council of the Village of Tequesta, Palm Beach County, Florida, amending Ordinance No. 355, as amended, the Official Zoning Ordinance of the Village, at Section V, Establishment 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 Drive, west of and adjacent to a 15.23 acre parcel, referred to as the Rood Property, containing approximately 0.34 acres, to R-1 Single Family Dwelling District; providing for severability; providing for repeal of ordinances in conflict; providing for codification; providing an effective date.-Consultant Jack Horniman, JLH Associates Village Attorney Randolph read Ordinance No. 571 by caption only. MOTION: Vice Mayor Capretta moved to approve Ordinance No. 571, seconded by Councilmember Resnik; motion carried S-0. • F. Resolution No. 35-01/OZ-A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, accepting the fee proposal from Song + Associates, Inc. of West Palm Beach, Florida, for the conceptual schematic design of the Village Center to be located at the Old Village Hall/New Public Safety Building site at 357 Tequesta Drive, Tequesta, Florida; in the amount of $10,000 plus expenses and hourly rates for topographic data, site survey, zoning and deed restrictions, and other such data, having a Fiscal Year 01/02 budget allocation of $150,000 in Account No. 303 331 662.632 Architectural and Engineering- Building; and authorizing the Village Manager to execute the proposal on behalf of the Village.-William D. Reese, P.E., Reese, Macon and Associates, Inc. Village Attorney Randolph read Resolution 35-01/02 by caption only. MOTION: Vice Mayor Capretta moved to approve Resolution 35-01/02, seconded by Councilmember Resnik; motion carried S-0. G. Resolution No. 36-01/02-A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, approving the Village's sponsorship of the First Annual Tequesta Fest to be held April 13 and 14, 2002, 11:00 a.m. to 7:00 p.m. in Constitution Park, and thereby waiving • the Village's fees for services rendered to Tequesta Fest. Mayor Geraldine A. Genco 26 Mayor Genco read Resolution No. 36-01/02 by caption only. She also mentioned she would like to transfer the remaining funds in the election account, since we did not have an election. MOTION: Vice Mayor Capretta moved to approve Resolution No. 36-01/02 and to transfer funds remaining in the election account. Seconded by Councilmember Resnik. Motion carried S-0. XV. ANY OTHER MATTERS Mayor Genco stated that in the Village Manager's Report there was a package on annexation, and she would like that on the next agenda. Also there are two meetings scheduled for Saturday, One on Traffic and on the Zucarelli matter, and I would like to postpone until further notice. Village Attorney Randolph stated you can postpone it to a time certain. MOTION: Councilmember Dalack motioned to postpone the closed door session until March 21, 2002 at 5: 00 p. m. to be held at the Village Off ces at 250 Tequesta Drive. Mayor Genco stated all Councilmembers will be present, Mr. Randolph, Mr. . Couzzo, and a Court Reporter. Seconded by Councilmember von Frank. Motion carried S-0. MOTION: Councilmember von Frank moved to cancel the Traffic Workshop, seconded by Councilmember Resnik; motion carried S-0. Mayor Genco requested the Council pass a U. S. Baseball Association Resolution that was sent to them during the week. Consensus agreed. Councilmember von Frank requested to hear information on the Siegel matter. Councilmember Resnik stated that an item under New Business, item E, there would be no requirement for any money out of this year's budget. The requirement to put four thousand dollars in the bottom line price, based on providing an advanced payment was not proposed in the basic memo from staff. The proposed payment plan goes into the FY 02/03 Budget, the contract provides a basis for getting a fairly good deal on a fire truck, the opportunity to piggyback on amulti-engine sale will probably be lost, and we'll be faced with another year, and I don't think it is in the best interest to cancel-we should consider that. • 27 • Village Attornev Randolph stared before discussing that item you should have a motion to reconsider. MOTION: Councilmember Resnik moved reconsider Resolution No. 33-01/02, seconded by Vice Mayor Capretta; motion carried S-0. E. Resolution No. 33-01/02-A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, approving the purchase of one (1) Sutphen Custom Rescue Pumper, in the amount of $305,860.20, from Sutphen Corporation of Amlin, Ohio, and the purchase of equipment necessary to place the pumper in service at a cost of $93,000. The pumper will be financed with a ten (10) year lease, with the first year's payment being made in the FY 02/03 budget year, upon recommendation of the Finance Department after approval by the Village Council, and authorizing the Village Manager to execute the applicable contracts on behalf of the Village. Fire Chief James Weinand Mayor Genco stated the second letter does require a down payment. Councilmember Resnik replied the contract doesn't say that, it is just letting us know that you can save four thousand dollars. They would determine the best objective in next year's budget. Fire Chief Weinand stated you can put this off until the budget process. It was brought forward because of the price and because it was the direction of the Council in 1994. Vice Mayor Capretta stated it is saving us about $20,000. Fire Chief Weinand stated Finance said it was not worth it to put the money down now, but wait. Village Attornev Randolph read Resolution No. 33-01/02 by caption only. MOTION: Vice Mayor Capretta motion to approve Resolution No. 33-01/02, seconded by Councilmember Resnik. Motion carried 5-0. XVI. ADJOURNMENT MOTION: Vice Mayor Capretta moved to adjourn, seconded by Councilmember Resnik. Motion carried S-0. Respectfully submitted: ~- +11 28