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HomeMy WebLinkAboutDocumentation_Regular_Tab 09d_03/10/1994 I , � b '� f VtLLAGE OF TEQUESTA ;,' �. ; ! Post (�1'ficc Eiox 3''73 • 357 Tequc_<ta Drivc f;� .�'�`�'� ; l cyui �1:�, f'lt�r�cl:� 3 i-lh')-t)_'7 i•(�7O7) 575-h'(X� � _ �� � lt Fax: (�iq7) 575-6203 s ' JO 9 l�� f �: �� N f(7U V I L L A G E O F T E Q U E 8 T A V I L L A G E C O U N C I L M E E T I N G M I N II T E S F E B R U A R Y 1 0, 1 9 9 4 I. The Tequesta Village Council held a regularly scheduled meeting at the Village Hall, 357 Tequesta Drive, Tequesta, Florida, on Thursday, February 10, 1994. The meeting was called to order at 7:00 P.M. by Mayor Ron T. Mackail. A roll call was taken by Fran Bitters, the Recording Secretary. Councilmembers present were: Mayor Ron T. Mackail, Vice Mayor William E. Burckart, Liz Schauer, Earl L. Collings and Joseph N. Capretta. Also in attendance were: Village Manager Thomas G. Bradford, Village Clerk Joann Manganiello, Department Heads and Village Attorney John C. Randolph. II. INVOCATION AND PLEDGE OF ALLEGIANCE Vice Mayor William E. Burckart gave the Invocation and led those in attendance to the Pledge of Allegiance to the American Flag. III. APPROVAL OF AGENDA o Councilmember Bchauer asked: 1) to add under Item XII ANY OTHER MATTERS regarding the Juno Beach Erosion Workshop Meeting; and 2) to hold out for discussion the Village Manager's Report under Item V(f). o Councilmember Collinqs asked to discuss under item XII ANY OTHER MATTERS: 1) the traffic Ordinance regarding Country Club Drive; and 2) private property on Maple Street. o Councilmember Capretta asked: 1) that Village Manager Bradford discuss the ENCON River Enhancement Plan; and 2) proble�fis in Tequesta and what to do about them. o Villaqe Manaqer Bradford asked to add under ANY OTHER MATTERS: discussion regarding an annexation meeting. o Mayor Mackail asked to comment under Item XII, ANY OTHER MATTERS, regarding the Palm Beach County School Board Meeting. ,. ..�. .. V I L L A G E O F T E Q U E S T A V I L L A G E C O U N C I L M E E T I N G M I N 0 T E 8 F E B R II A R Y 1 0, 1 9 9 4 I. The Tequesta Village Council held a regularly scheduled meeting at the Village Hall, 357 Tequesta Drive, Tequesta, Florida, on Thursday, February 10, 1994. The meeting was called to order at 7:00 P.M. by Mayor Ron T. Mackail. A roll call was taken by Fran Bitters, the Recording Secretary. Couneilmembers present were: Mayor Ron T. Mackail, Vice Mayor William E. Burckart, Liz Schauer, Earl L. Collings and Joseph N. Capretta. Also in attendance were: Village Manager Thomas G. Bradford, Village Clerk Joann Manganiello, Department Heads and Village Attorney John C. Randolph. II. INVOCATION AND PLEDGE OF ALLEGIANCE Vice Mayor William E. Burckart gave the Invocation and led those in attendance to the Pledge of Allegiance to the American Flag. III. APPROVAL OF AGENDA • ' o Councilmember Scbauer asked: 1) to add under Item XIZ ANY OTHER MATTERS regarding the Juno Beach Erosion Workshop Meeting; and 2) to hold out for discussion the Village Manager's Report under Item V(f). o Councilmember Collinqs asked to discuss under item XII ANY OTHER MATTERS: 1) the traffic Ordinance regarding Country Club Drive; and 2) private property on Maple Street. o Councilmember Capretta asked: 1) that Village Manager Bradford discuss the ENCON River Enhancement Plan; and 2) problems in Tequesta and what to do about them. o Villaqe Manaqer Bradford asked to add under ANY OTHER MATTERS: discussion regarding an annexation meeting. o Mayor Mackail asked to comment under Item XII, ANY OTHER MATTERS, regarding the Palm Beach County School Board Meeting. y . villaqe Council Meeting Minutes February 10, 1994 Paqe 2 ------------------------------- Councilmember Collinqs moved to approve the Aqenda as amended. Vice Mayor Burckart seconded the motion. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Liz Schauer - for Earl L. Collings - for Joseph N. Capretta - for the motion was therefore passed and adopted and the Agenda was approved as x�raended. IV. CONSENT AGENDA All Items listed with an asterisk (*) are considered to be routine and will be enacted by one motion. V. APPROVAL OF MINIITES AND REPORTS *A) Board of Adjustment, December 13, 1993 *B) Community Appearance Board; December 15, 1993 *C) Community Appearance Board; January 12, 1994 *D) Community Appearance Board; January 19, 1994 *E) Villaqe Council Meetinq; January 13, 1994 *F) villaqe Manaqer�s Report; January 10-February �, 1994 Councilmember Collinqs moved to approve the Consent Aqenda as amended. Vice Mayor Burckart seconded the motion. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Liz Schauer - for Earl L. Collinqs - for Joseph N. Capretta - for . the motion was therefore passed and adopted. Councilmember Schauer asked for an update regarding the Village Manager's Report: paae 4. Item l2), The Director of Public Works provided a status report relative to removal of basketball qoals from riqht-of-way; Village Manager Bradford stated that all basketball goals throughout the Village have been removed. villaqe Council Meeting Minutes February 10, 1994 Paqe 3 ------------------------------- pacie 4., Item ( 3); Director of Public Works indicated that Palm Beach county proposal to provide bike path alonq Riverside Drive from County Line Road to Tequesta Drive had an exceptionally hiqh cost, the curb and qutter would be required within the Tequesta portion of the Project. Director ot Public Works advised to write letter to Villaqe of Tequesta residents reqardinq feedback to proposed sidewalk. Village Manager Bradford explained that Palm Beach County is proposing to do a bike path from County Line Rd to Tequesta Drive and wrote a letter to the Director of Public Works inquiring as to whether Tequesta would be willing to participate. PBC gave Tequesta cost estimates for five-foot concrete sidewalk, also advising that curb and gutter would be required because of the curve in the road at certain places. The cost estimate was extremely expensive. Tequesta Staff is to seek feedback from residents along that corridor regarding their position on this issue. page 6, item 3. Chief of Police was requested to review crime statistics for all neiqhborhoods on the Tequesta peninsula in conjunction with possible activities with safe neiqhborhood crime act. Village Manager Bradford reported that the Police Chief was requested to compute any crime trends which may be pinpointed for review of the Safe Neighborhood Crime Act and the possibility of closing Country Clul� Drive. Councilmember Collinqs asked for a review of the Ordinance for through-truck control on Country Club Drive. Mr. Collings stated that purveyor trucks making deliveries to the Tequesta Country Club and Turtle Creek Club which are extremely disadvantaged by this Ordinance. He felt it was necessary to re-visit the Ordinance to allow exception for a certain type of truck traffic on Country Club Drive. The Village Council asked the Village Attorney to review the No Through Truck Ordinance and report on it. Vice Mayor Burckart stated that since Martin County bridges are only 8 ton bridges, there.may be no other way for trucks to get into Martin County than by using Tequesta Drive and Country Club Drive. Councilmember Capretta suggested that perhaps there was a way to increase - the tonnaqe limit of Martin County bridges to provide an avenue for Martin County truck traffic. villaqe Council Meeting Minutes - February 10, 1994 Paqe 4 ------------------------------- Councilmember Schauer moved to approve the Villaqe Manaqer's Report as submitted. Councilmember Collinqs seconded the motion. The vote on the motion �as: Ron T. Mackail - for William E. Burckart - for Liz Schauer - for Earl L. Collinqs - for Joseph N. Capretta - for the motion was therefore passed aad adopted. VI. COMMITTEE REPORTS A) Finance and Administration Committee; January li, 1994 Councilmember Collings reported that at this meeting, the Bond Issue was discussed, as well as several approaches to such, covering several important capital costs, including Tequesta Park, Constitution Park, Dover Ditch and retirement of the old Issue Bonds. The consensus of the meeting was to eliminate Dover Ditch to be addressed at a later date, but include Tequesta Park, Constitution Park, Future Pathway Improvements and the retirement of the 1979 Series Bonds, making the 1994 Bond Issue approximately $1.6 million. The Committee requested that another estimate on Dover Ditch be sought from a different engineer. The Committee also reviewed a draft of the Ordinance on tonight's agenda regarding increasing development and zoning fees. Councilmember Schauer moved to approve the Finance and Administration Committee Meetinq Minutes of January 11, 1994 as submitted. Councilmember Capretta seconded the motion. The vote on the motion was: Ron T. Mackail - for William E. Burekart - for Liz Schauer - for Earl L. Collinqs - for Joseph N. Capretta - for the motion was therefore passed and adopted. villaqe Council Meeting Minutes February 10, 1994 Paqe 5 ------------------------------- B) Public Works Committee Meetinq; January 17, 1994. Village Manager Bradford reported that the Committee members met with Tree Board members to consider the Tequesta Drive Landscape Project (Phase I) covering from Fiesta Drive to Seabrook Road. The Plans were considered in detail, with some adjustments being made to the Plan. Also discussed at this meeting was the Tequesta Branch Library schedule. The Committee agreed with the Schedule as presented and recommended that Village Staff take the action of bidding the site next to the Village Hall simultaneously with receiving bids for any other sites within the corporate limits of Tequesta. Vice Mayor Burckart moved to approve the Public Works Committee Meetinq Minutes of January 17, 1994 as submitted. Councilmember Collinqs seconded the motion. The vote on the motion was: Ron T. Mackail - for William E. Burekart - for Liz Schauer - for Earl L. Collinqs - for Joseph N. Capretta - for the motion was therefore passed and adopted. C) Public Safety Committee; January 19, 1994: Village Manager Bradford reported that the Committee reviewed: o the Police Department hiring criteria, in conjunction with the requested 'beefed-up' reserve program; o implementation of overtime policy in the Police Department to address liability concerns of the Village; o the proposed Parade and Special Event Ordinance; o Councilmember Collings� request to allow greater public access to police department vehicles for the purpose of public relations; o two Workmens Compensation cases in the Police Department; o Country Club Drive and a recent meeting held concerning such. Councilmember eollinqs moved to approve the Public Safety Committee Meetinq Miautes ot January 19, 1994 as submitted. Councilmember Scbauer seconded the motion. The vote on the motion was: Roa T. Mackail - for William S. Burckart - for Liz Scbauer - for Earl L. Collinqs - for Joseph N. Capretta - for the motion was therefore passed and adopted. Meetinq Minutes February 10, 1994 Paqe 6 ------------------------------- VIZ. APPOINTMENTS A) Code Enforcement Board *1) Consideration of Appointment of Ernest Collinqs as a Reqular Member of the Code Enforcement Board for a Three-Year Term, Expirinq on February 11, 1997. (staff Recommends Approval). Approved under the Consent Agenda. *2) Consideration of Appointment of Dr. Ernest Ruonen as an Alternate Member of the Code Enforcement Board for a Three-Year Term, Expirinq on February 11, 1997. (Staff Recommends Approval). Approved under the Consent Agenda. B) Community Appearance Board *i) Consideration of Re-appointment of Stephen J. Parker as an Alternate Member of the Community Appearance Board for a one-Year Term, Expirinq on February 12, 1995. (Staff Recommends Approval). Approved under the Consent Agenda. VIII. DEVELOPMENT MATTERS A) Consideration of Special Exception IIse Public Hearinq and Landscape Waiver for Phase I and Phase II of Constitution Park and Consideration of Application for Site Plan Review for Phase I of the Proposed Constitution Park Project. Brett Nein, ASLA, Project Manaqer, Gee & Jenson. Village Manager Bradford explained that the project is in two phases since it was not originally known whether the entirety of funds would be available to complete the entire project in one phase. villaqe Council Meeting Minutes February 10, 1994 Paqe 7 ------------------------------- 1) special Exception IIse Public Hearinq, Phase I and Phase II: Brett Nein gave an overview of the project: The JTJC Youth Center exists on the property and will remain. Improvements to take place in Phase I are the new parking lot with an entrance off Seabrook Road. Entrance to the Park will be on the south side of the Youth Center building, with a fence around the park for controlled access. The park interior will have an 8 foot wide winding trail which will be set up for jogging and walking. Active recreation elements include a larger than normal basketball; two handball/racquetball courts which allow room for future expansion; a prefabricated open gazebo; a canopy of native Pine trees; volleyball court on the north side; an open play area; perimeter fencing (chain link vinyl coated and some wood fencing) with hedging in front. 2) Site Plan Review, Phase I: 3) Landscape Waiver, Phase I and Phase II: Brett Nein explained that a landscape waiver is needed for since room has to be taken from the landscape buffer along Seabrook Road to allow proper space for the parking lot. Councilmember Collings recommended that more bicycle stands be added, since, in his estimation, bike traffic to the park will be heavy. Village Manager Bradford pointed out that the Park will now be done in a'one shot deal' as opposed to two phases, since it was recommended by the Finance & Administration Committee to include enough monies in the 1994 Bond Issue to complete the project (currently estimated at $310,000) in its entirety all at once. Vice Mayor Burckart made several suggestions: o Move the playgrounds to the front of the park (away from the bordering condominiums) and put the gazebo where the playground is presently planned. Village Manager Bradford explained that though the gazebo, tot lot, etc. could be placed virtually anywhere, the placement of the equipment has been negotiated between the parties to the Agreement and surrounding neighbors. The arrangement presently is acceptable to all interested parties. villaqe Council Meetinq Minutes February 10, 1994 Paqe 8 ------------------------------- o Make an entrance to the Park from Dover Road. Village Manager Bradford explained that it is preferred not to have an entrance from Dover Road, since that might encourage parking on that street. The intention is for any overflow parking to use the parking lot of the church across the street. o Make a sidewalk entrance from Tequesta Drive. Village Manager Bradford stated that this is very possible, but it will increase the budget for the Park. o that porous concrete be used in the parking lot, since it offers good percolation and is less expensive. It was recommended that staff look into using porous concrete. Councilmember Schauer moved to approve the special Exception Use for Phase I and Phase I2 of Constitution Park. Councilmember Collinqs seconded the motion. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Liz Schauer - for Earl L. Collinqs - for Joseph N. Capretta - for the motion was therefore passed and adopted. Councilmember Schauer moved to approve the Site Plan Review for Phase I of Constitution Park. Councilmember Capretta seconded the motion. The vote on the motion was: Ron T. Mackail - for Niiliam E. Burckart - for Liz 8chauer - for Earl L. Collinqs - for Joseph N. Capretta - for the motion was therefore passed and adopted. villaqe council Meetinq Minutes February 10, 1994 Paqe 9 ------------------------------- Councilmember Schauer moved to approve the Landscape Waiver for Phase I and Phase II of Constitution Park. Councilmember Capretta seconded the motion. The vote on the motion was: Ron T. Mackail - for Willinm E. Burckart - for Liz Schauer - for Earl L. Collinqs - for Joseph N. Capretta - for the motion was therefore passed anC adopted. Village Manager Bradford indicated that in the near future Phase II Site Plan Review would come before Council. B) Coasideration of Application from 8iqncraft to Install Two Additional Free-standinq siqns, 16.5� in Heiqht, with 6� x 9.5� Multiple Tenant Panels at Villaqe Square shoppinq Center, 2i9-289 U.B. one, South. Ernest Toth, Signcraft, Delray Beach, stated that the above- requested signs are for tenant advertising and are allowed by the Village Sign Code. Key aspects of the proposal are: 1) the signs meet Code requirements; 2) meet setback requirements in terms of placement; 3) its design (color rendering � submitted) is generally consistent in terms of form and function with the existing main sign; 4) the sign and its landscaping elements have been approved by the Tequesta Community Appearance Board. Councilmember Collinqs moved to approve the above-referenced application as submitted. Councilmember Capretta seconded the motion. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for - Liz Schauer - for Earl L. Collinqs - for Joseph N. Capretta - for the motion was therefore passed and adopted. villaqe Council Meeting Minutes February 10, 1994 Paqe 10 ------------------------------- C) Site Plan Review for Proposed Fidelity Federal for Free- Standinq 8iqn, 171 Tequesta Drive. Howard Ferrin, Ferrin Signs, and Andrew Hoyt, of Fidelity Federal were in attendance in representation of the above- referenced application. Mr. Ferrin submitted color photos of the proposed sign, and explained that it is a new program implemented by Fidelity Federal for all of their locations. The signs are hurricane- tolerant, with heavy aluminum plate, with the copy and eagle routed out. The only illumination at night are the letters. Councilmember Collinqs moved to approve the above-referenced application as submitted. Councilmember Schauer seconded the motion. The vote on the motion was: Ron T. Mackail - !or William E. Burckart - for Liz Schauer - for Earl L. Collinqs - for Joseph N. Capretta - for the motion was therefore passed and adopted. D) Site Plan Review and Consideration of Landscape Waiver for Tequesta Aater Treatment Plant, 901 Old Dixie aiqnway. Tom Hall of the Water Department explained that before the Council were two items: 1) a free-standing monument sign; and 2) a landscape waiver. Both have met with the approval of the Community Appearance Board. Because of the structures on site, it is not possible to conform to the Landscape Ordinance. The free-standing sign will be a smaller version of that existing on Tequesta Drive and U.S. Highway One. The sign will cost just under $5,000. Twenty-five thousand dollars ($25,000) is budgeted for the entire project for this fiscal year. The entire landscape package may not be able to be completed this year; however, it is the intention to do the hedging, trees and landscaping surrounding the sign. Villaqe Council Meetinq Minutes February 10, 1994 Paqe 11 ------------------------------- Councilmember Collinqs moved to approve the Site Plsn Review as submitted. Councilmember Schauer seconded the motion. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Liz Schauer - for Earl L. Collinqs - for Joseph N. Capretta - for the motion was therefore passed and adopted. Councilmember Collinqs moved to approve the Landscape Waiver for the above-referenced application. Councilmember Schauer seconded the motioa. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Liz Schauer - for Earl L. Collinqs - for Joseph N. Capretta - for the motion was therefore passed and adopted. I%. NEW BOSINESS A) ordinance - First Readinq - Amendiaq Chapter 16 of the Code of Ordinances of the Villaqe of Tequesta by Amendinq Section 16-2, Administrative Costs, Subsection (a) Base Application Fees, Paraqraphs (1) throuqh (8); by Addinq New Paraqraph (9), Comprehensive Plan Amendment/Land IIse Change, to Section 16 Subsection (a) Base Application Fees. (Staff Recommends Approval). Attorney Randolph read the Ordinance by Title: ��AN ORDINANCE OF THE VILLAGE OF TEQIIESTA, PALM BEACH COUNTY, FLORIDA� AMENDING CHAPTER 16 OF THE CODE OF ORDINANCES OF THE VILLAGE OF TEQIIESTA BY AMENDING SECTION 16-2� ADMINISTRATIVE COSTS� SIIBSECTION (a), BASE APPLICATION FEES, PARAGRAPHS (1) THROIIGH (8); BY ADDING NEA PARAGRAPH (9)� COMPREHSNSIVE PLAN AMENDMENT/LAND IISE CHANGE� TO SECTION 16-2� SIIBSECTION (8j, BASE APPLICATION FEES; PROVIDING FOR SEVERABILITY; PROVIDING FOR COAIFICATION; PROVIDING AN EFFECTIVE DATE.�� villaqe Council Meetinq Minutes February 10, 199� Paqe 12 ------------------------------- Village Manager Bradford explained that the Village has not had a tax increase by virtue of their operations for four years. It is projected that this is the last year that will happen. Presently Village Staff is reviewing all non-ad valorem revenues to maximize income from those sources to help eliminate pressure on property taxes. It has been approximately six years since development fees have been reviewed for an adjustment. The above Ordinance will provide $15,000 of extra revenue in 1995, effective October 1, 1994. At the request of Vice Mayor Burckart, any fees associated with annexation application have been eliminated. Mr. Burckart explained that he would rather have anything in the Ordinance having to do with annexation say "no charge" and asked that in Section 1(1) change "Delete in its entiretv and renumber subsequent sections .�' to read instead ��No charqe. �� . Councilmember Collinqs moved to approve the above referenced Ordinance on First Readinq as amended. Councilmember Capretta seconded the motion. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Liz Schauer - for Earl L. Collinqs - for Joseph N. Capretta - for the motion was therefore passed and adopted. B) Ordinance - First Readinq - Providinq for the Requlation of Parades. (Staff Recommends Approval). Attorney Randolph read the above-referenced Ordinance by Title: ��AN ORDINANCE OF THE VILLAGS COIINCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, PROVIDING FOR THE REGIILATION OF PARADEB; AIITHORIZING THE CHIEF LAW ENFORCEMENT OFFICER TO RECEIVE APPLICATIONS AND ISSIIE PERMITS; PROVIDING STANDARDS FOR ISSIIANCE THEREOF; PROVZDING REt�IILATIONB GOVBRNING TIME, PLACE� AND MANNER THEREOF; ESTABLISHING PROCEDURE FOR APPEAL OPON REJECTION OF APPLICATION; REQUIRING COMPLIANCE WITH PERMIT CONDITIONB; PRESCRIBING PENALTIES FOR TH8 VIOLATION OF ITS PROVISIONB; PROVIDING FOR REPEAL OF ORDINANCES INCONSISTENT HEREAITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE." villaqe Council , Meetinq Minutes February 10, 1994 Page 12 ------------------------------- Village Manager Bradford explained that the above-referenced Ordinance provides parameters whereby parades will be permitted by Village Staff as long as certain conditions apply. Any applications denied may be appealed before the Village Council. Some important provisions of the Ordinance are : l, Applicant is responsible for cost of off-duty public safety services (police and fire); 2. Applicant is required to provide insurance in the amount of $1 million, naming the Village of Tequesta as an additionally insured; 3. Allowable dates have been set to accommodate the JTAA Christmas Parade and the Jupiter High School Homecoming Parade. 4. Designates parade routes within commercial areas of the Village only and utilizing those routes historically used for parades conducted within the Village. 5. There is no reference to community values being a criteria for permit award. ` Councilmember Schauer felt that the one hour maximum duration and the one-quarter mile in length of a parade as mentioned in Section 5(5)(6) was too limiting. Councilmember Collings agreed that one hour in length appeared too restrictive. Councilmember 8chauer moved to approve the above referenced � Ordinance on First Readinq as submitted. Vice Mayor Burckart seconded the motion. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Liz schauer - for Earl L. Collinqs - abstained Joseph N. Capretta - for the motion was therefore passed and adopted. Attorney Randolph pointed out that the one hour allowance for the parade includes passage and assembly. Councilmembers Schauer and Collings felt that time was too short. villaqe Council Meetinq Minutes February 10, 1994 Paqe 14 ------------------------------- Councilmember Schauer moved to reconsider the above referenced Ordinance. Councilmember Collinqs secondad the motion. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Liz Schauer - for Earl L. Collinqs - for Josepb N. Capretta - for the motion was therefore passed and adopted. Councilmember Collings moved to approve the above referenced ordinance on First Readinq amendinq the parade time limit to one and one-half (i i/2) hours. Councilmember Schauer seconded the motioa. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Liz Schauer - for Earl L. Collinqs - for Joseph N. Capretta - for the motion was therefore passed and adopted. C) Ordinance - First Readinq - Adoptinq Procedures for the Holclinq of 8pecial Events in the Villaqe of Tequesta. (Staff Recommends Approval). Attorney Randolph gave the First Reading of the Ordinance by Title: "AN ORDINANCE OF THE VILLAGE COQNCIL OF THE VILLAaE OF TEQIIESTA, PALM BEACH COIINTY, FLORIDA, ADOPTING PROCEDURE$ FOR THE BOLDING OF SPECIAL EVENTS IN THE VILLAGE OF TEQUESTA; PROVIDING A DEFINITION; PROVIDING FOR PERMITS AND APPLICATION REQIIIREMENTS; PROVIDING FOR REGIILATIONS; PROVIDING FOR STANDARDS OF ISSUANCE OF PERMITS; PROVIDING FOR NOTICE OF APPROVAL OF DENIAL; PROVIDIN� PROCEDIIRES FOR APPEAL; PROVIDING FOR REVOCATION; PROVIDING FOR PENALTIEB; PROVIDING FOR SEVERABILITY� PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATIONf PROVIDING AN $FFBCTIVE DAT$.�� Village Manager Bradford explained that Tequesta has a Special Events section within its Zoning Ordinance which, in the past, has been used to apply to special events receiving a permit which happened to be located entirely or in part on public property. It has been learned that that is totally unacceptable, since that portion of the Zoning Ordinance Villaqe Council Meetinq Minutes February 10, 1994 Paqe 15 ------------------------------- applies to private property, and not public property. Therefore it is necessary to have an Ordinance wh.ich deals with special events on public property, and it is recommended that standards be upgraded for the special events on private property portion of the Zoning Ordinance. Vice Mayor Burckart questioned the meaning of "special event" as referred to in Section 5(4) and {5) as applied to banners, balloons, etc. Attorney Randolph read the Definition in Section 2 of Special Event. Councilmember Collings felt the Ordinance causes over-regulation. Councilmember Collinqs moved to table the above referenced Ordinance for further consideration. Councilmember Schauer seconded the motion. The vote on the motion was: Ron T. Mackail - aqainst William E. Burckart - for Liz Schauer - for Earl L. Collinqs - for Joseph N. Capretta - aqainst the motioa was therefore passed and Ordinance was tabled for further consideration. Village Manager Bradford indicated Staff would revisit the Ordinance to provide more specificity and thereafter present the same to Village Council. *D) Consideration ot Bid Award to Johnson-Davis inc. of Lantana, Florida, in the Amount of $478,154.50 for the Well 25 Installation Project and Completion of the Raw Water Main, havinq a Total FY 1994 Project Budqet Alloaation of $682,440 as well as the Bid Award for the Alternate Bid Pertaininq to the LePark to Heritaqe oaks Distribution Main Project in the Amount of $24,890, havinq an FY 94 Water Enterprise Capital Improvement Fund Budqet Allocation of $38,750. (Staff Recommends Approval). Approved under the Consent Agenda. E) Discussion of the Snyder and Jenninas Decisions and their impact upon the Villaqe Council and other Boards of the villaqe. Attorney Randolph explained the above-referenced cases, only to make the Village Council cognizant of the current law, as it now exists: There has been much publicity regarding these villaqe Council Meeting Minutes February 10, 1994 Paqe 16 ------------------------------- cases. The Jennings Case held that you should not have ex parte communications in regard to quasi-judicial decisions. To give a clear example: The Village Code Enforcement Board is clearly a quasi-judicial body who sits as judges. In the same manner that lawyers cannot have ex-parte communications with judges, the public should not have communications with quasi-judicial officers. This would also apply to a Board of Adjustment which hears applications for variances. There is a House Bill and a Senate Bill in the Legislature attempting to amend this, because the concern of many has been "do we not represent our constituents and should we not hear from our constituents in regard to this?" However, there is a great difference between legislation and a quasi-judicial matter. This would affect the Village Council less than it would the Code Enforcement Board and the Board of Adjustment, since the Village Council is primarily to create laws, and can therefore consult with their constituents anytime that they desire in regards to such and how the constituents prefer to have done within the community. Attorney Randolph stated he feels there is sound reasoning behind trying to keep the public from lobbying quasi-judicial officers, since such officers should not be interested in opinion, but have the task of applying the law as it exists within the Ordinances, making certain that the criteria of the Ordinances is met. If a person were to claim that there was lobbying of a quasi- judicial officer, this would be considered a prima facia violation of the law. It would then be up to the quasi- judicial body to prove that such contact was not prejudicial. Councilmember Capretta felt this law was another example of ' the destruction of democracy and would only serves to cause more distress between the public and their elected officials. Vice Mayor Burckart felt the law was asinine. The Village Council recommended that the Village Manager send a letter to the Legislative Delegation supporting the new legislation that would water these laws down or eliminate them. Village Manager Bradford explained that he had already done so. Villaqe Council Meeting Minutes February 10, 1994 Paqe 17 ------------------------------- X. UNFINZSHED BUSZNESS A) ordinance �65 - 8econd Readinq - Amendinq Zoninq ordinance No 355, as Amended, by Amending Section IV, Definitions, by Ameadinq and/or Addinq Certain Definitions; by Amendinq 8ection V, Establishment of Districts and Official Zoninq Map; by Addinq at Subsection (A), a New Mixed-Use District; by Amendinq Section VII, Schedule of Requlations and Application of Requlations, by Addinq District MII at Subsection (C), Schedule of Site Requlations; by Amendinq Section VII, Schedule of Regulations and Application of Requlations, Subsection (D), Schedule of District and Use Requlations, by Addinq new Paraqraph (9), Mised-Dse District; by Amendinq Section VIII, Off-Street Parkinq and Loadinq Requlations; by Amendinq Section %, 8upplemental Requlations Applyinq to a specitic, to Several, or to All Districts, Subsection (J), Special Exception vses, Paraqraph (2), Criteria, by Addinq a New Requirement (h); Subsection (M), Site Plan; Prerequisite to Buildinq Permit Issuance; by Amendinq Paraqraph (1). Attorney Randolph gave the Second Reading of Ordinance No. 465. Councilmember Collinqs moved to approve the Second Readinq of Ordinance No. 465. Councilmember Schauer seconded the motion. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Liz Schauer - for Earl L. Collinqs - for Joseph N. Capretta - for the motion was therefore passed and adopted.. XI. COMMIINICATION FROM CITIZENS o Fred Millen complained about a residence located on Beacon Street which is in dire violation of Village Codes with an unsecured pool, a dead cat in the pool, an abandoned and rusting vehicle with four flat tires parked on the right-of-way, and asked that the Village attend to this matter since it is causing a safety hazard. villaqe Council Meeting Minutes February 10, 1994 Paqe 18 ------------------------------- Mr. Bradford responded that it is scheduled on the next Code Enforcement Board Agenda. The Village Council recommended that a Special Code Enforcement Board Meeting be scheduled to attend to this matter. o Betty Naqy asked how the new Tequesta Fire Department ladder truck was being paid for. Village Manager Bradford explained that the truck is already paid for through a ten-year lease purchase agreement with Liberty Mutual and was documented during Village Budget Meetings for FY 93-94. Mrs. Nagy asked what would happen with the older third fire truck which is now excess equipment. Mr. Bradford explained that there is discussion regarding using it in training for Tequesta's volunteer firefighter force. o Wade Griest stated that the group of homeowners whom he represents are sorely disappointed in the outcome of the Siegel Case, find the case difficult to understand, and are left wondering if there is something drastically wrong with the Village Codes and their enforcement. o Bill Treacy urged the Village Council to move forward on the closing of Country Club Drive at the Martin County border to restrict the use of that roadway by Martin County residents. Mayor Mackail assured Mr. Treacy the issue is being attended to by the Village. Village Manager Bradford informed Mr. Treacy that he Public Works Committee will be meeting on Monday, February 14 at 4:30 p.m. regarding Country Club Drive, and e�lained that the issue is a complicated one with many questionable aspects. o Richard Berube suggested that the Village consider putting stop signs on Country Club Drive to slow down the traffic. He reported further that the Martin County school bus comes through Tequesta each morning and waits in the parking lot at the Tequesta Country Club, perhaps to be on schedule, and thought that might be an issue to consider. Villaqe Council Meetinq Minutes February 10, 1994 Page 19 ------------------------------- o Dorothy Campbell asked why the Village Council no longer supports the Tequesta Fest and objected to it being removed from the Village Budget. Mayor Mackail informed Mrs. Campbell that the Village Council eliminated Tequesta Fest from the Budget to save the Village money, and also reminded Mrs. Campbell that the Tequesta Fest, after a couple of years, was to become self-funding and that the Council had asked for an accounting of the Tequesta Fest but never received such. Councilmember Collings stated that it was his position that, even though Tequesta Fest was to become self-supporting and there have been confusions on the accounting of Tequesta Fest, a Village unified party is a good idea and perhaps , ought to be objectively reviewed and considered. o Sam Leqner congratulated Tequesta Police Chief Roderick on his traffic enforcement on Country Club Drive (known as the 'Martin County Freeway' to some). Mr. Legner stated that 70% of the traffic on Country Club Drive is speeding; also, that he had one day counted 55 construction trucks passing that area with 1 1/2 hours. He felt Tequesta should cut off Country Club Drive at the Martin County line. o Mr. Gustafson asked why there was no backup generator for the Village water facility. Tom Hall, of the Water Department, explained that the reason for the recent boil water notice was that, while making some electrical connections at the Water Treatment Facility, the emergency generator and all electrical apparatus in the building had to be disconnected. There is located off Bridge Road an alternate pumping station with a pumping capacity to adequately supply the water needs of the Village for that time of day. In the process of the electrical work being done at the Treatment Facility, staff personnel were unaware that, at shutdown, they disconnected the control voltage for the pumps at the remote station. Upon realizing, they immediately went to that site, made some changes, and brought the pressure back up. There were no broken water mains, no eminent hazards, but the boil water notice was a precautionary measure. villaqe Council Meetinq Minutes February 10, 1994 Paqe 20 ------------------------------- XZI. ANY OTHER MATTERS o Councilmember Schauer informed the Village Council regarding the Juno Beach Erosion Workshop Meeting on Thursday, February 17. o Villaqe Manaqer Bradford informed the public that there has been scheduled a Special Village Council Meeting to take place on February 24 at 7:00 p.m. to discuss the first annexations under the new Florida Statutes. o Mayor Mackail reported that the Palm Beach County School Board met on January 19, at which meeting a date was set for a workshop with Metamorphosis regarding the condition of the Jupiter High School. The workshop will take place on February 23. o Vice Mayor Burckart felt that the Village Council should be apprised of variance requests such as that concerning the Beach Road condominium before going to the Board of Adjustment. Village Manager Bradford stated it has always been his preference that all variances come before the Village Council, thereby doing away with the Board of Adjustment. The Council encouraged the Village Manager to once again propose that to the Village Council. r village Council Meeting Minutes February 10, 1994 Page 21 ------------------------------- X. ADJOURNMENT Councilmember Collings moved that the meeting be adjourned. Councilmember Schauer seconded the motion. The vote on the motion was: Ron T. Mackail - for Liz Schauer - for Earl L. Collings - for Joseph N. Capretta - for William E. Burckart - for the motion was therefore passed and adopted and the meetinq was adjourned at 10:15 P.M. Respectfully submitted, �"�„/L�� Fran Bitters Recording Secretary ATTEST: Joann Manganiello Village Clerk DATE APPROVED: