Loading...
HomeMy WebLinkAboutDocumentation_Regular_Tab 05_06/09/1994 l • � , � VILLAGE OF TE UESTA � � Q � DEPARTMM�VV'T OF COIvIl1�(UNiTY DEVELOpMQVT — Post Office Box 3273 • 357 Tequesta Drive � _ -s, ' � ; o � Tequesta, Florida 33469-0273 •(407) 575-6220 .�, � Fax: (407) 575-6203 +CN COUM� YILLM i < � S .��• OFF1C � ' 9 ��., • BOARD OF ADJUSTMENT PUBLIC HEARING M$ETING I+IINOTTsS APRIL 18, 1994 I. CALL TO ORDER AND ROLL �= The Village of Tequesta Board of Adjustment held a reqularly scheduled Public Hearing at the Village Hall, 357 Tequesta Drive, Tequesta, Florida, on Monday, April 18, 1994. The meeting was called to order at 7:30 P.M. by Chairman Kenneth Northamer. A roll call was taken by Betty Laur, the Recording Secretary. Boardmembers present were: Chairman Kenneth Northamer; Vice Chairman Alfred DeMott; Edwin J. Nelson, Susan Brennan, and Alternate Boardmember Wayne Shindoll. Scott D. Ladd, Clerk of the Board, and Village Attorney John C. Randolph were also in attendance. II. APPROVAL OF AGENDA Vice Chairman Alfred Del�ott moved that the Aqenda be approved as submitted. Alternate Boardmember Wayne 3hindoll seconded the motion. The vote on the motion was: � Renneth Northamer - for Alfred DeHott - for Edwin Nelson - for Wayne Shindoll - for Susan Brennan - for The motion was therefo=e passed and adopted and the Aqenda was approved as sub�mitted. III. APPROVAL OF PRSVIOIIS 1�ETING I�INUTES (Meeting Minutes of March 21, 1994) Boardmember Bdwin Nelson moved that the Board of Adjustment-. Meeting 1Kinutes of March 21, 1994 be approved as submitted. Vice Chairman l�ilfred DeMott seconded the sotion. The vote on the motion was: Recvcled Paper Board of Adjustment Meeting Minutes April 18, 1994 Page 2 Renneth Northamer - fo= Alfred DeMott - for Edwin Nelson - for Wayne Shindoll - for Susan Brennan - for the motion was therefore passed and adopted and the Minutes were approved as submitted. IV. NEW BUSINESS (1) An application from Allan Bir, owner of Lot 17, Tequesta Subdivision, located at 51 River Drive, requesting a variance to the terms of the Official Comprehensive Zoninq Ordinance of the Village of Tequesta, Ordinance No. 355, as amended, Section XVI, IIniform Waterway Control, Subsection (B), Dock and Pier Length, Width and Confiquration, Paragraph (1), to allow the construction of a 4' X 100' dock with a 6' X 16' terminal platfor�, in lieu of no dock or pier being constructed which extends waterward fron the mean hiqh water line in excess of seventy-five feet (75'), as required by the Zoning Ordinance. Gene Wehage, representing applicant Allan Bir, explained the variance was being requested for environmental reasons and to get more draft for Mr. Bir's boat, and that in March of 1991 a variance had been approved for the property next door for a 110' dock. Scott D. Ladd, Clerk of the Board, read into the record the following letter from Stanley Jacobs: 'Board of Adjustment: I have no objection to Mr. Al1an Bir constructing a 4' X 100' dock with a 6� x 16• terminal platform as his neighbor at 43 River Drive. However, this should be submitted to the Architectural Review Board of the Tequesta Country Club Community Association before final permitting. Stanley B. Jacobs.' Scott D. Ladd then read into the record the following letter from Joseph F. Cusano, Jr. and Charlene Cusano, who live next door at 47 River Drive, Tequesta: 'Dear Clerk of the Board, I am not one who normally objects to property improvements. Our unfortunate dilemma is we are in Connecticut and cannot make the board meeting and hope this letter can be read and submitted on the 18th of April, 1994. I am dismayed at the length of the dock into the water and most importantly (which may not be a determent to most people) is the visual restriction of the natural water view and sunsets. It will r Board of Adjustment Meeting Minutes April 18, 1994 Page 3 -------------------------- not make myself or my wife happy to look at a dock, a boat and a hoist. Please note this has stopped us from applying and putting in a dock on our own property. I also own and have owned other properties and feel a dock breeds algae and catches debris while restricting natural water flow when allowed to be this large. I am asking that the dock be constructed on the northern end of the seawall (where the old dock now is). I personally feel the river is visually too beautiful and natural. To take this away from us defeats our purpose of owning this property. Sincerely, Joseph F. Cusano, Jr.' Mr. Wehage explained that the dock was planned to accommodate two boats, with one on a hoist. Because of setbacks the dock could not be positioned farther north. Scott D. Ladd pointed out DERM (Department of Environmental Resources Management) had mandated 10 conditions which must be followed, therefore limiting placement of the dock, and that there was no cap on the number of boats. Mr. Wehage agreed that there would be enough draft if the dock were 90 feet instead of 100 feet long. Vice Chairman DelKott �oved that the Application for Variance be approved with the length of the dock set at 90 feet. Boardme�aber Nelson secanded the aotion. The vote on the motion was: Kenneth Northamer - f or A1 f red Del�ott - for Edwin Nelson � - for Wayne Shindoll - for Susan Brennan - for the motion was therefore passed and adopted. V. IINFINISHED BIISINESS (1) Tabled from �ch 21, 1994, a revised application fro� Brian G. Wayne, owner of Lot 472, Tequesta Subdivision, located at 128 Fairview 8ast, requestinq a variance to the terms of the Official Comprehensive Zoning Ordi.nance of the Village of Tequesta, Ordinance No. 355, as amended, Section VII (C), Schedule of Site Regulations, R-lA District, minimum side yard setback, to allow fo= the enclosinq of an existing porch with a side yard setback of 8.4• in lieu of ten feet (10'j, as . Board of Adjustment Meeting Minutes April 18, 1994 Page 4 -------------------------- . required by the Zoning Ordinance. � Brian Wayne explained that he had discovered that the survey of his property which showed 2.5' from his existing porch to the property line was in error. He then had the property re-surveyed and there is actually 8.4' from the existing porch to the property line. Since he would like to have a 20' X 20' room he asked for a variance allowing an 8.4 side yard setback. Hurant Tavetian, owner of property at 132 Fairview East, stated he objected to variances to code as much as possible, and that when a job is started on Mr. Wayne's lot it hangs on for months and people come to Mr. Tavetian asking when it will be cleaned up. He stated he had been on the roof of Mr. Wayne's porch when the former property owner lived there and he had found it to be in a state of disrepair, with dry rot present. He asked the Board to consider a time frame for Mr. Wayne's project. Mr. � Wayne stated he was not ready to begin work at this time but was requesting this variance so that he would know what would be permitted when he was ready to begin the project, and that once he started the project it would be completed timely in accordance with the contractor's schedule. He stated that Deputy Building Official Steven Kennedy had inspected the roof and found no dryrot. Boardmesber Nelson moved that the Application for Variance be approved granting an 8.4' variance for a lineal length of approxiaately 8 feet. Vic� Chairman Del�iott seconded the motion. The vote on the motion was: Renneth Northamer - for Alfred Del�iott - for Edwin Nelson - for Wayne Shindoll - for Susan Brennan - for The motion was therefore passed and adopted. VI. ANY OTHSR MATrffi2S There were no other matters to be brought before the Board. VII. ADJOURNI�NT Boardme�ber DelKott moved that the meeting be adjourned. Boardmember Brennan seconded the motion. The vote on the motion was: , . , • Board of Adjustment Meeting Minutes April 18, 1994 Page 5 -------------------------- Renneth Northamer - for Alfred DeMott - for Edwin Nelson - for Wayne Shindoll - for Susan Brennan - for the motion was therefore passed and adopted and the meeting was adjourned at 8:19 P.M. Respectfully submitted, Betty Laur Recording Secretary ATTEST: xl �;Pi�i tLJ. (/ I�[lL� Scott D. Ladd Clerk of the Board DATE APPROVED: �- �� . C� �" � VILLAGE OF TEQUESTA /"' � , � Pos[ Office Box 3273 • 357 Tequesta Drive � � Tequesta, Florida 33469-0273 • (407) 575-6200 J � ` Fax: (407) 575-6203 .- a � s o ♦ 4 f � C 'M COUM� � . T E Q U E S T A M U li I C I P A L F I R E F I G H T E R S P E N S I O N T R U S T F U N D 8 O A R D O F T R U S T E E S M E E T I N G M I N U T E S M A R C H 3, 1 9 9 4 I. CALL TO ORDER AND ROLL CALL The Board of Trustees of the Tequesta Firefighters Pension'and Trust Fund held its regularly sck�eduled meeting at the Village Hall, 357 Tequesta Drive, Tequesta, Florida, on Thursday, . March 3, 1994. The meeting was called to order by Village Manager Thomas G. Bradford at 9:02 A.M. A roll call was taken by Cheryl Mayer, the Recording Secretary. In attendance at the meeting were: Thomas G. Bradford, Ron T. Mackail, Bill Davis, Roy 011iff, Village Attorney John C. Randolph, Village Clerk Joann Manganiello, and Fire Chief James M. Weinand. II. APPROVAL OF AGENDA Mr. Bradford moved to approve the Agenda. Lt. Davis seconded motion. The vote on the motion was: Thomas G. Bradford - for Ron T. Mackail - for Bill Davis - for Roy 011iff - for � the motion was therefore passed and adopted and the Agenda was approved as submitted. III. APPROVAL OF MINUTES Chief Weinand had a question as to whether Mr. Bradford and Mr. Mackail were appointed by name rather than title. Mr. Bradford asked Ms. Manganiello to retrieve the Resolution that addresses this issue. In the meantime, Mr. Bradford asked if there were any other questions regarding the minutes, and there were none. Mr. Mackail moved to approve the Minutes of December 8, 1993. Mr. 011iff seconded the motion. The vote on the motion was: R,•�-�;%1•�-; !'... > Firefighters Pension Soard Paqe 2 Thomas G. Bradford - for Ron T. Mackail - for Bill Davis - for Roy 011iff - for the motian was therefore passed and adopted. IV. REVIEW OF REQUESTED INFORMATION FROM THE FLORIDA LEAGUE OF CITIES - Pursuant to Mr. Bradford's request at the December 8th meeting, Agenda backup information is included in the Agreement Between the Florida League of Cities and the investment firm handling the portfolio of the Pension Trust Fund (Exhibit I), and the Municipal Trust Fund Booklet which outlines the provisions (Exhibit II). He also had asked for � clarification regarding the actuarials being done every two years vs. a statement about an evaluation of the Plan every three years in the adopting Ordinance. Mr. Bradford feels the League's response was vague in their letter of January 27. Mr. Randolph thinks they are advising that the actuarial report be done once a year rather than every three years, but also felt the response was somewhat nebulous. Chief Weinand asked what the cost was of an actuarial study, and Mr. Bradford replied that it was $3,500. Chief Weinand asked what age the actuarial was based on, and Nir. Bradford said the ages were fairly close to the actual ages of the firefighters. Mr. Mackail said it is required that an actu�rial study be done eve•ry three years, but that it can be done more often if the Board so desires, at a cost to the Trust Fund. Mr. Bradford was not sure this was accurate, as he feels those costs were a part of the administrative costs of the Municipal Pension Trust. Mr. Randolph concurred. Mr. Mackail feels the Board is in a good position with the League, unless they decide down the road they want another carrier. Mr. Randolph and Mr. Bradford felt there needs to be clarification from Mr. Kascavelis whether the Fund conducts the actuarial relative to Tequesta's particular Plan, and if they do, is that part of. the service fees that were paid to the League, and how often it is done. Information was received on how to nominate someone as a member to the Municipal Trust Fund. The nominee must be an elected official. Mr. 011iff expressed his concern about health care coverage upon retirement. Joyce Case refers to the COBRA law in her letter. Mr. Bradford clarified that what Mr. 011iff is asking Y FF Pension Board Page 3 is whether extra monies,can be deducted today to pay for health care upon retirement at a cost equal to what working firefighters pay at that time. Further discussion took place regarding this subject and the drafting of a letter to Joyce Case being more specific. At this point in the meeting, Mr. Kascavelis arrived and was briefed on the subject at hand. Mr. Kascavelis said Ms. Case indicated there was no such provision for health care at this point in time, but that it could be done. He was concerned, along with the auditors, about Florida Statute Section 175-162, regarding no more than 3 percent reduction for early retirement. In Tequesta's plan, the percentage is 5 percent. He asked for clarification, and Ms. Case responded that since Tequesta is a local plan, they are not required to meet this 3 percent requirement. Mr. Rascaveli.s feels that this needs to be studied further due to possible violation. Mr. Mackail suggested drafting a letter to the League showing compliance with the State of Florida relative to Sec. 175-162, getting a response in writing only. V. DISCUSSION OF APPOINTMENT OF FIFTH ME1�ER OF THE BOARD OF TRUSTEES PURSUANT TO SECTION 3, 1 Mr. Bradford discussed making a decision as to the Chair and . Vice-Chair and that they would wait until an appointment of the fifth member of the Board was made. Mr. Mackail had a response from an attorney, Mr. William Sharpless, who presently serves on the Code Enforcement Board, and who has indicated he would resign from that Board to serve on the Pension Board. Mr. Mackail indicated Mr. Sharpless was semi- retired and has a background in pensions. It was agreed by the Board that Mr. Mackail would contact Mr. Sharpless and ask him for a resume for review by the Board. VI. ANY OTBER MATTERS The Village Clerk retrieved the Ordinance wherein it indicates the Manager and Mayor are selected by name, and the minutes are technically correct. Mr. Bradford said the Police and Fire Pension Fund Office are interested in having someone from Tequesta attend the Trustee's School Program in Tallahassee on March 15 and 16, and_asked if anyone was interested in going. No one indicated any interest at this time. Mr. Bradford informed Ms . Manganiello to make arrangements for Fran Bitters to cover next Pension Board Meeting, which will be held more formally at the dias. K • Pension Board Meetinq page 4 Mr. Bradford mentioned that at other Board Meetings, they have reports of new hires under the Plan, current fund balances, etc., and suggested this Board have the same. Mr. Randolph agreed that a report should be provided. Mr. Mackail suggested it include the fund balance, the portfolio of investments, return on investments, new participants, etc. Mr. Kascavelis indicated he has quarterly reports and will distribute same for each meeting showing investment summary. Mr. Bradford said this should be made an Agenda Item. VII. COl�IIKUNICATIONS FROM THE PUBLIC Mr. Wade Griest asked how often the meetings would be held, and who the members of the Board were, and Mr. Bradford responded that the meetings would be held quarterly unless needed more often, and gave.him the name of the members. Mr. Griest then asked the average age of the firefighters, and was told late 20's to early 30's. Mr. Hal Hutchinson brought up the 3$ vs. 5� issue, and • indicated that 3� is the norm. Mr. Mackail thought the Village was using the 5� figure because they had brought the age of retirement down to 52 vs. 55. Mr. 011iff asked if someone left early, would they get their contribution back with interest, and Mr. Rascavelis said they would just get back their contribution if they left before ten , years, but will look into this further. Mr. Hutchinson asked if their funds were transferrable to ' another plan, and Mr. Bradford said they were not. Mr. Bradford said the next meeting would be held the second quarter of 1994 unless something of urgency comes up that should be attended to before then. Mr. Hutchinson suggested they have a special meeting to appoint the fifth member, and Mr. Bradford agreed that could. be beneficial. ' VIII. ADJOURNMENT Mr. Bradford moved to adjourn the meeting. Mr. 011iff seconded the motion. The vote on the motion was: Thomas G. Bradford - for Ron T. Mackail - for Bill Davis - for Roy 011iff - for 1 r Pension Soard Meeting Page 5 --------------------- the motion was therefore passed and adopted anci the meeting was adjourned at 10:03 A.M. Respectfully submitted, Cheryl Mayer Admin. Secy. ATTEST: Joann Manganiello Village Clerk . DATE APPROVED: r � . � � � ; ; VILLAGE OF TEQUESTA Post Office Boz 3273 • 357 Tequesta Drive �' Tequesta, Fiorida 33469-0273 • (407) 575-6200 � � ` Fax: (407) 575-6203 � o ; o �f•CNCOUN�y` VILLAGE OF TEQUESTA � VILLAGE COUNCIL MEETING MINUTES MAY 12, 1994 I. The Tequesta Village Council held a regularly scheduled meeting at the Village Hall, 357 Tequesta Drive, Tequesta, Florida, on Thursday, May 12, 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, Elizabeth A. 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 PLEDC�T OF ALLEt�IANCL Councilmember Elizabeth Schauer gave the Invocation and led those in attendance to the Pledge of Allegiance to the American Flag. III. APPROVAL OF AC�ENDA o Councilmember Schauer stated she had some questions under Item XI ANY OTHER MATTERS, regarding the JTJC Building, and discussion regarding Martin County Bridge weight restrictions. .o Councilmember Capretta asked to address the Village Council under Item XI ANY OTHER MATTERS regarding the Lantana Plan. o Mayor Mackail asked to discuss under Item XI ANY OTHER MATTERS a Budget item. Councilmember Collings moved to approve the Aqenda as amended. Councilmember Schauer seconded the motion. The vote oa the motion was: Ron T. Mackail - for William S. Burckart - for Elizabeth A. Schauer - for Earl L. Collings - for Joseph N. Capretta - for the motion was therefore passed and adopted and the Agenda was approved as amended. ..,., � n..... Villaqe Council Meetinq Minutes May 1Z, 1994 Page 2 ------------------------------- iv . corrs�xT AaEanA All Items liated with an asterisk (*) are conaidered to be routine and wi11 be enacted by one motion. V. APPROVAL OF MINUTES AND RBPORTB *A) Code Eaforcemeat Soard, February 22, 1994; *S) Villaqe Council Meeting, April 28, 1994; *C) Special Village Council Meeting; May 2, 1994; *D) Village Manager�s Report; April 11 - May 6, 1994; Councilmember Collinqs moved to approve the Coaseat Aqenda as submitted. Councilmember Schauer seconded the motion. The vote on the motion was: Ron T. Mackail - for Williara E. Burckart - for Elizabeth A. Schauer - for Earl L. Collings - for Joseph N. Capretta - for the motion was therefore passed and adopted. VI. CONII�lITTE$ REPORTS A) Public Works Committee - April 26, 1994: Village Manager Bradford reported that the Committee reviewed the Country Club Drive construction alternatives, recommending: 1) a paving overlay for roadway; 2) delete curb, gutter and sidewalk on both sides; 3) upgrade the bikepath; 4) landscaping and irrigation at the county line entranceway with a median divider and one tree on each side. The Committee also: reviewed a status report regarding Eastwinds Landing road condition; and declined Palm Beach County's request to participate in Palm Beach County Riverside Path Project. Villaqe Council Heetfng Miautes �ay 12, 1994 Page 3 ------------------------------- Vice Mayor Surckart moved to approve the Public Works Comiaittee Meetinq Minutes of April 26, 1994 as subraitted. Councilmember Capretta secoaded the motion. The vote oa the motion was: Roa T. Mackail - for Williaaa 8. Burckart - for Elizabeth !l. Schauer - for Earl L. Collinqs - for Joseph N. Capretta - for the motion was therefore passed and adopted. Councilmember Collings reminded the Village Manager that his recommendation regarding Country Club Drive construction was to do so incrementally through the Capital Improvement Program, (doing only the worst spots) and funding the project as funds become available, saving approximately $137,000 from the Bond Issue. Councilaaember Collinqs moved that Country Club Drive improvements be done incrementally through the Capital Improvement Proqram. Councilmea4ber Capretts secoaded the motion. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Elizabeth l�. Schauer - for Larl L. Collinqs - for Joseph N. Capretta - for the motion was therefore passed aad adopted. I8. C) Status Rep.ort on Activities Associated �ith the Proposed 1994 Bond Issue. Cla=k Benaett, Florida Municipal Advisors, Inc. Because Mr. Bennett was recuperating from surgery, Mr. Kascavelis asked that this Agenda Item be considered after Item VI (A). Village Council Meetinq Minutes May 12, 1994 Page 4 . ------------------------------- Mr. Bennett reported that he had looked into possibilities for financing for the Village's proposed Capital Improvement Programs. He sent letters to four local commercials banks (Sun Bank; Nations Bank; First IInion; Barnett Bank, who are usually in the market to buy tax-exempt securities) and asked for their response, with particular parameters: 1) a Bond. Issue, of a particular size, with 20 years to maturity; 2) costs kept to a certain maximum. Sun Bank's response was not in the best interests of the Village, since they desired to adjust the rate on the Bonds every five years; Barnett Bank sent a tentative proposal with a quoted rate of 6.15�. One condition of their proposal was not favored by the Financial Advisor who is presently working to resolve that problem. When a formal proposal is received, that will be immediately shared with the Village. VII. DEVELOPMENT MATTLRS A) Consideration of Request for Village Council Peratission to Construct a Temporary Sales Office Pursuant to Section R(R)(1)(b) of the Tequesta Zoning Ordinance in Association with the Cliveden Condomiaiwn Project, 425 Beach Road. Jupiter Island Corporation, R. Mason Simpsoa, Presideat. Mr. Simpson explained to the Council that his plan was to use the trailer as a Sales Office for one year, with a request for an extension of time at the end of that year if more time was required. Councilmember Collinqs moved to approve the request to construct a sales office for one year as requested above. Councilaaember Schauer seconded the motion. The vote on the motion was: Roa T. Mackail - for William E. Burckart - for $lizabeth A. Schauer - for Larl L. Collings - for Joseph N. Capretta - for the motion vas therefore passed and adopted. Village Council Meeting Minutes May 12, 1994 Page 5 ------------------------------- VII. B) aranting Authority to PaLn Seacb County Over Laadscaping Activities and Kaintenance of Laadscaping under the County�s Coastal Protection Ordinance. Mr. Griffin, Tequesta Representative to the Beaches and Shores Council, stated that, if granted: 1) Palm Beach County would take over the landscaping regulations for the coastal region throughout the County; 2) this would not apply to Palm Beach County doing any landscape maintenance anywhere else except the coastal regions; and 3) Pa1m Beach County would do this landscaping maintenance in incorporated, as well as unincorporated areas of the County and each municipality would have to opt in to participate. Jupiter Inlet Colony and Jupiter each chose not to participate. Attorney Randolph explained to the Council that the above- referenced matter is not an "opt out" issue, but rather "opt in". Councilmember Collings moved that Tequesta opt ia to the above referenced Ordinance, granting authority to Palm Beach County regardinq the trimming of landscapinq and seagrapes along Tequesta�s coastal region. Councilmember Schauer seco�ded the motion. The vote on the motion was: Rox T . MACKAIL - A(�AINST WILLIA� L. BUBCRART - AaAINBT �,I $AS$TS A . ScHauBR - Fox LARL L. COLLINas - FOR �TOSEPB N . CAPRBTTA - A�iAINBT T$8 NOTIO� THgREFOPtS DID NOT PASS. VIII. APPOINTMTNTS A) C�naunity Appearance Board. *1) Coasideration of Re-Appointmeat of Paul Cobea as a Regular Member of the Ca�muaity Appearance Board for a Three-Year Term Expirinq on May 31, 1997. Staff Recommends Approval). *2) Gonsideration of Re-Appointment of Leslie Cook as a Regular Member of the Caaamunity Appearance Board for a Three-Year Term Expirinq oa May 31, 1997. (Staff Recommends Approval). VII.LA4$ COUNCIL bIBETINO MII�[1T158 �►Y 12, 1994 P�►aE 6 *3) Consideration of Re-Appointment of Claudette Dalack as a Regular Member of the Commuaity Appearance Board for a Three-Year Term Sxpirinq oa May 31, 1997. (Staff Recommends Approval). Item VIII (A) was approved under the Consent Agenda. Ix• �W SUSINESS *A) Consideration of Approval of Agreement for Financial Advisory Services with Florida Municipal Advisors, Inc., of Palm Beach Qardens, Florida, for Financial Advisory Services Necessary for the Proposed 1994 Soad Issue and Authorization for the Village Manaqer to Bxecute Same on Behalf of Tequesta. (Staff Recom�aends Approval). *8) Consideration of Approval of Bond Counsel Engagement Letter with Mark Ray�aond, 8sq. of Moyle, Flanigan, Rats, Fit$qerald and Sheehan, P.A., of West Palm Beach, Florida, in the Amount of $10,000 for Sond Counsel Services Associated with the 1994 Bond Issue and Authorizing the Mayor to Execute the Same oa Behalf of Tequesta. {Staff Recommends Approval). The above two items were approved under the Consent Agenda. D) Ordinance - First Reading - Amendinq Chapter 11.5 of the Code of Ordinances, Section 11.5-Z1, Relating to the Prohibition of Parking of Vehicles, Boats, Machinery, etc. on Swales Adjacent to Tequesta Drive and Couatrg Club Drive within the Village. Attorney Randolph gave the First Reading of the above- referenced Ordinance: "AN ORDIN;ANCE OF THS VILLAGE COUNCIL OF THB VILLAGE OF TBQUSSTA, PAI�M SRACH COUNTY, FLORIDA, AMLNDINt� CHAPTER 11.5 OF TH8 CODB OF ORDINANCES AT SLCTION 11.5-21 1tI�LATINti TO PROHIBITIO�i OF PARKI�C� OP' VEHICLES, BOATS, MACHINBRY, 1:TC. ON SWALES ADJACSNT TO TRQUBSTA DRIVE AMD COUNTRY CLUB DRIV13 WITHII� TH$ VILLAt�E; PItOVIDIIqG FOR PERMITS; PItOVIDINt� FOR SEVBRABILITY; PROVIDING FOR RI:PEAL OF ORDINANCLS IN CONP'LICT; PROVIDINd FOR CODIFICATION; PROVIDI1Qt; AM EFF�CTIVE DATE." Village Council Meeting Minutes May 1Z, 1994 Page 7 ------------------ Discussion took place as to whether Village maintenance vehicles, lawn maintenance crews, service crews, etc. would be allowed to park in swale areas. Because the Ordinance does not clearly address these issuea, it was suggested that the Ordinance be tabled to allow for provision of the above concerns. Council�e�aber Collings moved to table the above-referenced Ordinance until the Village Attorney could be allowed time to a�aend such regarding the exceptance of service vehicles and the exceptance of Villaqe maintenance vehicles. Councilmenaber Schauer seconded the motion. The vote on the motion was: Ron T. Mackail - for Nilliam $. Burekart - for Blizabeth A. Schauer - for Barl L. Collinqs - for Joseph N. Capretta - for the motion was therefore passed and adopted. E) Ordinance - First Reading - Amendinq Section 13.1 of the Villaqe Code of Ordinances Relatinq t�o Plaaning and Development of Article VI so as to Provide that the Villaqe Couacil May Require Development Agreements for aay Proposed Developmeat within the Village. Village Attorney Randolph read the above-referenced Ordinance by Title: "AN ORDINANCB OP' TH8 VII,LAGB COUNCIL OF THE VILLAQE OF TLQUESTA, PALM SEACH COU�TY, FLORIDA, AMBNDINt� SECTION 13.1 OF THL VILLAGE CODL OF ORDINANCES RELATINC; TO PI�ANNINt; AND DEVELOPML�NT OF ARTICLB VI SO AS TO PROVIDL THAT THE VI7�LAt�E COUNCIL MAY REQUIRB DSVLLOPMSNT AaAEEMI�NTS FOR ANY PROPOSED DI�VBLOPMEHT WITHIN TH8 VILLAGiS; PROVIDIN�3 FOIt SEVERABII�ITY; PROVIDING FOR RSP�AL OF ORDINANCES IN CONFLICT; PROVIDINC�i FOR CODIFICATION; PROVIDI� AN EFFBCTIVI: DATE." Councilmember Schauer moved to approve the above-referenced Ordinaace on First Aeading as submitted. Councilmember Collings secoaded the �otion. The vote on the motion was: Ron T. Mackail - for �Tilliatn E . Burckart - for Blizabeth A. Schauer - for Sarl L. Collings - for �oseph N. Capretta - for the motion was therefore passed and adopted. Village Couacil Meeting Minutes May 12, 1994 Page 8 ------------------ *F) Consideration of Re-Appointment of Councilmember Earl L. Collings as the Tequesta Representative on the Jupiter Indisntown Road and Bridqe Task Force for a Term of Oae Year. (Staff Recommends Approval). Approved under the Consent Agenda. R. UNFINISHED BUSINESS A) Ordinance No. 468 - Second Reading - Amending Chapter 16 of the Code of Ordinances of the Village of Tequesta Amending Section 16.2, Admiaistrative Costs, Subsection (a), Sase Application Fees, Paragraphs (1) through (8); by Adding New Paraqraph (9), Canprehensive Land Amendment/Land IIse Change to Section 16-2, Subsection (a), Base Application Fees. (Staff Recommends Approval). Councilmember 8chauer moved ta approve the above-refereaced Ordinance on Second Readiag as submitted. Vice Mayor Burckart seconded the motion. The vote on the motioa was: Ron T. Mackail - for William E. Burckart - for Llizabeth A. Schauer - for 8arl L. Collinqs - for Joseph N. Capretta - for the motion was therefore passed and adopted. B) Update on Villaqe Projects for Benefit of Village Council, Pursuant to Request of Councilmember Joseph Capretta. 1) 1994 Bond Issue (status oa Village Council Agenda 05/12/94): The cost of Country Club will added to the Bond Issue, deleting the eost of the bikepath. 2) Tequesta Park: Three Phases: 1) New lighting; irrigation of the Park; 2) Phase II is in the Bond Issue which includes: paving, lighting, landscaping and irrigate the parking lot; upgrade the playground and its equipment; upgrade the northernmost fields in the back of the Park; 3) Phase III includes lighting of the backfields; new fencing for the backfields; expanding the parking lot. . Village Couacil Meeting Minutes May 12, 1994 Page 9 ------------------ 3) Country Club Drive: Some fiscal improvements will be done either through the Bond Issue or the Capital Improvement Fund. In addition, Comprehensive Plan amendments will take place to reduce the useable right- of-way on Country Club Drive. 4) Constitutioa Park: This item is in the Bond Issue, costing approximately $410,000. $92,000 will be funded through Recreation Impact Fees. Improvements will be: upgrading of the parking lot with lighting, landscaping and irrigation. The Park itself will have gazebo, heart trail with exercise stations, handball/racquetball court with future room for expansion; volley ball and basketball courts; tot lot, and open space. The Village is being sued by three ladies who claim that the lease should be overturned since they feel the facilities will not strictly be used for the youth of the area and that the JTJC Charter requires them to provide activities specifically for youth. 5) Dover Ditch: The Village is proceeding with securing the permit needed for mangrove mitigation, sometimes costly and timely. The Village Engineer has applied for a Grant from the South Florida Water Management Distzict since this project is eligible for that type of funding. Two 52" culverts, with a swale area on top, will be put in place, closing the Ditch from Seabrook to Riverside Drive. 6) Downtown Redevelopments The Redevelopment Committee will meet next week to review the Financial Feasibility ' Study of PMG Associates. The Lighthouse Plaza property has been sold to the DiVosta Corporation with plans to build apartments on the property. 7) Tequesta Branch Library: Bids have been postponed on the Library construction. Audrey Wolfe will be sending a Memorandum to the Palm Beach County Board of County Commissioners stating that the County Library Staff recommends that Tequesta be given until September 1994 to complete the activities' Tequesta has relative to Tequesta's downtown development for the relocation of the Library. The County has reiterated that the $506,000 will be the maximum reimbursement the County will provide to the Village toward accomplishing the project. Villaqe Council Meetinq Minutes �ay lZ, 1994 Page 10 ------------------ The County has some concerns regarding a downtown location: 1) they want a free-standing building, regarding both maintenance and operations; 2) concerns regarding cross-utilization of facilities; and 3) parking must be adjacent to the Library with a lot configuration as opposed to off-street parking. These issues would have to be resolved before receiving Palm Beach County Library Staff support. RI. ANY OTHER MATTERS o Councilmember Schauer asked the status, regarding the May 4 Memorandum from the Village Manager to the Village Council regarding the Martin County Bridge weight load restrictions. Lt. Allison, Tequesta Police Department, was told by FDOT that Martin County has not yet been informed of the latest load rating analysis for their bridges. The bridges have a higher rating than that which is posted; however, there appears to be nothing illegal about posting a bridge weight limit less than that which it is rated. o Chairmaa Capretta stated that Lantana, Florida has passed a series of Ordinances requiring that certain things must be done to properly maintain the appearance of private residences to protect the value of neighbaring properties. He suggested the Village Manager visit Lantana to review this issue to determine whether it is something Tequesta should do. - o Mayor Mackail - spoke in regard to the upcoming Budget, stating that he felt it would behove the Village to consider all potential ad valorem tax available within the Village, and asked the Village Staff e�cplore the opportunity the Village might have regarding the Gallery Square North parking lot. He asked that the Village Manager discover the value of that property and ways and means of disposing of such. IR. CO�ICATIONS FROM CITIZBNS o Dr. Stan Legner stated he has compiled a log of traffic and speeders on Country Club Drive and felt that what the Village is doing to curb such is not effective enaugh. . Village Council - Meeting Miautes May 12, 1994 Page 11 ------------------ o Cliff Sracht - Country Club Drive resident, stated that trucks and car traffic on Country Club Drive still is not being properly addressed. o Ann Chapman - stated that she no longer enjoys driving in Tequesta, with the speed limit on Country Club Drive reduced to 25 miles per hour. She felt the speed reduction was unconscionable of the Village Council and that more consideration should be given to properly repairing the road as opposed to lowering the speed li.mit. She further felt Tequesta should not try to segregate itself from surrounding communities since isolationism is not the `American way'. 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 William L. Burckart - for Elizabeth A. Schauer - for Earl L. Collings - for Joseph N. Capretta - for � the motioa was therefore passed and adopted aad the meeting was adjourned at 9:10 P.M. Respectfully submitted, � �� F'ran Bitters Recording Secretary ATTEST: Joann Manganiello Village Clerk DATE APPROVED: � VILLAGE OF TEQUESTA � � Post Office Box 3273 • 357 Tequesta Drive � ' Tequesta, Florida 33469-0273 • (407) 575-6200 ' � � � Fax:(407)575-6203 � a c � COUM� 4 V�LAGE MANAGER'S REPORT . MAY 9, 1994 - JUNE 3, 1994 � During this reporting period, there were 724 recorded phone calls to the Village Manager's Office and 177 citizen inquiries at the lobby counter. Note: Due to destruction of computer files from direct lightning hit, this report is abbreviated. O Letter to Edward Yue, P.E., Project Engineer, FDOT, Regarding ' Florida Department of Transportation Access Management Plan; State Project No. 93040-3501. � O Memorandum to Village Council Regarding Update on Village Projects; Agenda Item. O Letter to Scott Hawkins, Esq., Village Attorney, Regarding Village of Tequesta v. ENCON and State of Florida Department of Environmental Protection; Petition for Formal Administrative Hearing. O Letter to Richard Dent, Executive Director, Loxahatchee River Environmental Control District, Regarding Stormwater Management Within Loxahatchee River Basin. O Letter to Tilford Creel, Executive Director, South Florida Water Management District, Regarding Stormwater Management within Loxahatchee River Basin. O Letter to Lee Evett, Town Manager, Town of Jupiter, Regarding Joint Local Government Meeting. O Letter to Peter Cheney, Martin County Administrator, Regarding Joint Local Government Meeting. O Memorandum to Village Council Regarding Granting Autharity to Palm Beach County over Landscaping Activities and Maintenance of Landscaping Under the County's Coastal Protection , Ordinance; Agenda Item. O Letter of Welcome sent to 15 New Tequesta Residents. O Letter to Mrs. Anna Chapman, Regarding Country Club Drive. O Memorandum to Bill C. Rascavelis, Finance Director, Regarding FY 1995 Budget Presentation. K�cvcled (':it*t�r O Letter to Paul Coben, Community Appearance Board Member Regarding Reappointment to Community Appearance Board. O Letter to Claudette Dalack, Community Appearance Board Member Regarding Reappointment to Community Appearance Board. O Letter to Leslie Cook, Community Appearance Board Member, Regarding Reappointment to Community Appearance Board. O Letter to Lee R. Evett, Town Manager, Town of Jupiter, Regarding Jupiter's Indiantown Road and Bridge Task Force. O Letter to Mark Raymond, Esq., Moyle, Flanigan, Regarding Proposed Tequesta Improvement and Refunding Bonds; Engagement Letter. O Letter to Clark Bennett, Florida Municipal Advisors, Regarding Agreement for Financial Advisory Services; Tequesta 1994 Bond Issue. O Letter to John C. Randolph, Village Attorney, Regarding Agreement for Financial Services and Addendum; 1994 Bond Issue. O Letter to Linda Johnson Regarding Blair House East Property. O Letter to John C. Randolph, Village Attorney, Regarding Request for Model Annexation Agreement. O Memorandum to Bill C. Rascavelis, Finance Director, Regarding Information Requested by the Board of Trustees of the Firefighters Pension and Trust Fund. O Letter to John C. Randolph, Village Attorney, Regarding Proposed Wellfield Protection Public Utilities Fee. O Letter to Scott Hawkins, Village Attorney, Regarding Village of Tequesta v. Loxahatchee River Environmental Control District and State of Florida Department of Environmental Protection; Petition for Formal Administrative Hearing. O Letter to Ron Arrowood, General Manager, Nichols Sanitation, Inc., Regarding Tequesta Franchise Agreement with Nichols Sanitation. O Letter to John C. Randolph, Regarding Ordinance Prohibiting Parking on Country Club Drive. O Memorandum to Bill C. Rascavelis, Finance Director, Regarding Gallery Square North Parking Lot. 2 O Letter to Mrs. Anna Chapman Regarding Country Club Drive. O Letter to Edward F. Williams Regarding Request for Ordinance Regulating Refuse, Recycling ,and Yard Waste Placement at Curbside. O Letter to Stephen H. Carter, Black Ink, Regarding Employee Benefit Consulting Services. O Memorandum to Thomas C. Hall, Water System Manager, Regarding Water Service Estimations. O Memorandum to Village Council Regarding ENCON Low-Pressure Sewer System Permit; Petition for Administrative Hearing. O Letter to Cheryl Onorato Regarding Request for Signage. O Memorandum to Ron Mackail, Mayor, Regarding Suggested Topics for Upcoming Meeting with North County Mayors. O Memorandum to Thomas C. Hall, Water System Director, Regarding Request for "Raw Water" Water Rate. O Memorandum to Village Council Regarding Resolution Appointing William A. Sharpless to the Board of Trustees of the Tequesta Firefighters Pension Trust Fund; Agenda Item. O Memorandum to Village Council Regarding Resolution Amending Village Budgets; Agenda Item. O Memorandum to Village Council Regarding Fire-Rescue Impact Fee Ordinance; Agenda Item. O Memorandum to Village Council Regarding Ordinance Providing for Recovery of Costs of Hazardous Substance and Hazardous Waste Clean Agenda Item. O Memorandum to Village Council Regarding Lighthouse Gallery 31st Annual Art and Crafts Festival; Request to Use Public Property and- Temporarily Close Public Right-of-Way; Agenda Item. O Memorandum to Village Council Regarding Authorization to Purchase Two (2) Four-Wheel Drive Chevrolet Blazers and One (1) Unmarked Police Vehicle; Agenda Item. O Conducted Pre-Determination Hearing for R. Thorne on 5/31. � O Attended meeting with North County Managers and Finance Directors on 6�1�94. . O Conducted Capital Improvement Fund Budget Review on 6�1/94. 3 O Attended Equity Study Commission Meeting on 6/2/94. O A Staff Meeting was conducted on May 17 wherein the following items were discussed: 1) The Water System Manager was requested to give a report on Cypress Villas and the well 8R ingress egress improvements. 2) The Water System Manager was requested to provide a status on the easement at Turtle Creek. 3) The concept of an Employee Advisory Committee was discussed with all Departrnent Heads. 4) The Water System Manager was requested to indicate his direction in answering questions relative to the future cost of water after RO. 5) The Building Official was requested to complete his follow-up work for the Equity Study Commi�ssion and to call the next meeting. 6) The Water System Manager sought direction relative to ADA improvements in light of recent direction taken by Village for future facility needs. 7) Water System Manager announced the Pre-Construction Conference Meeting for Well 25 had been scheduled. 8) The Chief of Police sought clarification of overtime and vacation policies. 9) The Director of Public Works advised of the need to relocate meeting sign for better vehicular visibility. 10) The Fire Chief sought any feedback relative to the recently constructed gate at border with Gallery Square , North. � 11) The Finance Director requested the Village Manager and he engage in a teleconference with attorney relative to the FLSA and compensatory time references within employment offer letters. O A Staff Meeting was held on May 24 wherein the following items were discussed. ' 1) The Village Manager sought the input of all Department Heads relative to the Savings of America offer for free checking and direct deposit for Village employees. 4 . � . 2) The Finance Director was requested to review direct deposit options with Barnett Bank. 3) The Water System Manager was advised of South Florida Water Management District comments relative to usage of Tequesta Park wells. 4) Reviewed options for elimination of stagnant pools with Building Official and Director of Public Works. 5) The Police Chief and the Fire Chief were requested to review the Lighthouse Gal�lery request relative to closure of Tequesta Drive for two days and report their findings and recommendations. 6) The Water System Manager was requested to notify ERM of well fee discrepancy by virtue of Tequesta having wells in Martin County. 7) The Water S.ystem Manager announced that the drilling of Well 25 would commence shortly. 8) The Chief of Police reviewed lightning damage to Tequesta facilities and equipment and actions from the future mitigation of same. 9) The Director of Public Works gave a status report relative to the recently annexed properties and discussions with the Solid Waste Authority for garbage service. 10) The Finance Director announced a trip and fall case had occurred on Beach Road which is a Palm Beach County right-of-way. 11) The Village Clerk provided a status report on the North County Municipalities' discussions with the Solid Waste Authority relative to recycling agreements. 12) The Village Clerk reviewed xerox machine options with all Department Heads. O A Staff Meeting was conducted on May 31 wherein the following matters were reviewed. 1) Finance Director asked about status of direct deposit. 2) Water System Manager requested to provide status of easement for well in Turtle Creek. 5 , , 3) Director of Public Works was asked about status of truck signs. 4) Reviewed possible Equipment Replacement Fund with all Department Heads. 5) Director of Public Works submitted change order for Tequesta Park. 6) Police Chief indicated diagnostic review of Village Hall needed after lightning strike. 7) Reviewed amendment of sick leave policy with staff. No changes proposed. 8) Fire Chief reviewed problems with proposed Martin County fund raiser. 9) Finance Director submitted draft of letter to W.R Hough terminating financial advisor status. 10) Finance Director submitted taxable value information on Gallery Square North Parking Lot. 11) Finance Director reviewed Jupiter Tequesta National Bank financing proposal. 12) Water System Manager reviewed status of turtle mitigation plan for easement at Little Club. 13) Village Clerk reviewed Xerox machine options. 14) Village Clerk indicated planning underway for September Beach Party. The Department of Fire-Rescue Village Manager's Report for the Month of May, 1994, is attached hereto and made a part of this Report. 6