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HomeMy WebLinkAboutMinutes_Regular_05/13/1999• VILLAGE OF TEQUESTA Post OFfice Box 3273 250 Tequesta Drive Suite 300 Tequesta, Florida 33469-0273 (561) 575-6200 Fax: (561) 575-6203 VILLAGE OF TEQUESTA VILLAGE COUNCIL MEETING MINUTES MAY 13, 1999 I. CALL TO ORDER AND ROLL CALL The Tequesta Village Council held a meeting at the village Hall, 357 Tequesta Drive, Tequesta, Florida, on Thursday, May 13, 1999. The meeting was called to order at 7:02 P.M. by Vice Mayor Carl C. Hansen. A roll call was taken by . Betty Laur, Recording Secretary. Councilmembers present were: Vice Mayor Carl C. Hansen, Basil Dalack, and Elizabeth A. Schauer. Also in attendance were: Village Manager Thomas G. Bradford, Village Attorney John C. Randolph, Village Clerk Joann Manganiello, and Department Heads. Mayor Ron T. Mackail and Councilmember Joseph N. Capretta were absent from the meeting. II. INVOCATION AND PLEDGE OF ALLEGIANCE Elizabeth A. Schauer gave the Invocation and led those in attendance in the Pledge of Allegiance to the American Flag. III. APPROVAL OF AGENDA The following additions were requested under ANY OTHER MATTERS: Councilmember Dalack requested discussion of paying off the VILLAGE COUNCIL MEETING MINUTES May 13, 1999 PAGE 2 --------------- $108,000 note approved at the last meeting for computer equipment. Councilmember Schauer requested discussion of Jupiter High School construction and Jupiter High School s Project Graduation. Councilmember Dalack made a motion to approve the Agenda as amended. Councilmember Schauer seconded the motion. The vote on the motion was: Carl C. Hansen - for Elizabeth A. Schauer - for Basil Dalack - for The motion was therefore passed and adopted and the Agenda was approved as amended. • IV. COMMUNICATION FROM CITIZENS Hubert Elliott commented he had lived at 151 Golfview since February 1961 and at that time water on the peninsula had been plentiful and it had been believed storm sewers were unnecessary. Mr. Elliott explained that over time building had continued, the soil had compacted, and flooding had occurred. Mr. Elliott reported he had been measuring the water level on his property three times a day for the last three years and that it was now at the lowest point it had ever been. Mr. Elliott stressed the importance of conserving water, and expressed concern that IQ water from the golf course had permeated wells on the peninsula. Peggy Verhoeven, Point Drive, requested that the Village Council instruct staff to keep the council chambers at a comfortable temperature during meetings, since many people had indicated they had been very cold at the last meeting. Mrs. Verhoeven questioned what had happened in Tallahassee that day, to which Village Manager Bradford responded no news had been received. Mrs. Verhoeven expressed her • opinion that the green color in the Dollar Tree store sign VILLAGE COUNCIL MEETING MINUTES May 13, 1999 PAGE 3 --------------- was not worth a lawsuit and urged that agreement be reached in this matter. Hattie Siegel, 498 Dover Road, expressed her opinion that Village police should not be doing such trivial work as counting the number of various kinds of plants on commercial properties. Mrs. Siegel commented that property adjacent to Tequesta Plaza had been cited for not having the proper number of plants, yet the Village had allowed Tequesta Plaza to become an eyesore. Mrs. Siegel stated her opinion that citing NationsBank was selective prosecution. IX. CONSENT AGENDA All items listed with as asterisk (*) are considered to be routine and will be enacted by one motion. There will be • no separate discussion of these items unless a Village Councilmember so requests, in which event, the item will be removed from the Consent Agenda of Business and considered in its normal sequence on the Agenda. Vice Mayor Hansen read aloud the following Consent Agenda items: VI. PRESENTATIONS AND PROCLAMATIONS *A) Proclamation Designating May 16 through the 22nd Emergency Medical Services week in the Village of Tequesta. VII. APPROVAL OF MIN~JTES AND REPORTS *A) Board of Adjustment Public Hearing Meeting Minutes; November 16, 1998; *B) Board of Adjustment Public Hearing Meeting Minutes; December 15, 1998; *C) Community Appearance Board, March 10, 1999; VILLAGE COUNCIL • MEETING MINUTES May 13, 1999 PAGE 4 --------------- *D) Employees' Pension Trust Fund Board of Trustees Meeting, January 27, 1999; *E) Village Council Meeting Minutes; April 8, 1999; *F) Village Managers Report: April 5, 1999 to May 7, 1999 IX. NEW BUSINESS *A) Resolution No. 33-98/99 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida. Declaring Certain Fixed Assets of the Village to be Unnecessary or Unfit for Village Use and Authorizing the Sale or Destruction of the Same Pursuant to Section 3.02(8) of the Village Charter. (Staff Recommends Approval) • *B) Resolution No. 34-98/99 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida. Authorizing Certain Village Officials to Execute Documents Relating to the Financial Administration of the Village on Behalf of the Village of Tequesta. (Staff Recommends Approval) *C) Resolution No. 35-98/99 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Rescinding Resolution No. 28-98/99 and Approving a Proposal for Lease of Hydrogen Peroxide System and Purchase of Hydrogen Peroxide Necessary far the Pretreatment of the Effluent Disposal from the Reverse Osmosis Treatment Facility for a 16-month Contract (June 1, 1999 Through September 30, 2000) to Vulcan Chemical Technologies, Inc . , of Or1 ando, F1 on da, In the Amount of $47, 400, with Funds for FY 1998/1999 Being Appropriated From the water Revenue Bonds, Series 1998, and subject to funds being • appropriated and approved by the Village Council VILLAGE COUNCIL • MEETING MINUTES May 13, 1999 PAGE 5 --------------- for FY 1999/2000, and Authorizing the village Manager to Execute the Applicable Documents on Behalf of the Village. (Staff Recommends Approval) *D} Resolution No. 36-98/99 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Approving an Interlocal Cooperation Agreement Between Palm Beach County and the Village of Tequesta for Community Development and Housing Assistance Activities and Authorizing the Mayor and the village Manager to Execute the Same on Behalf of the village. (Staff Recommends Approval) Motion was made by Councilmember Schauer to approve the Consent Agenda as submitted. The motion was seconded by Councilmember Dalack. The vote oa the motion was: • Carl C. Hansen - for Basil Dalack - for Elizabeth A. Schauer - for The motion was therefore passed and adopted. VIII. DEVELOPMENT MATTERS A) Presentation Regarding U.S. One Corridor Design/ Eastward Ho! - Rara Irwin, Planner. Planner Kara Irwin announced that Saturday, June 5 would be the first day of a 7-day U. S. One Corridor design charrette hosted by Treasure Coast Planning Council and the Eastward Ho! Committee, to be held in the old Jupiter Town Hall. Tequesta, Jupiter, Juno Beach, and Palm Beach Gardens would participate and everyone was invited to participate with their ideas. vice Mayor xansen commented that he and Planner Irwin had been VILLAGE COUNCIL MEETING MINUTES May 13, 1999 PAGE 6 --------------- participating in the Eastward Ho! meetings and explained that this committee had been convened by Karen Marcus to encourage people to come back east rather than constantly moving westward. B) Special Exception Use Public Hearing, and a variance Request for a 14.8' Corner lot Side Yard Setback in Lieu of Minimum 20' Corner Lot Side Yard Setback as Allowed by Village Code, and Site Plan Review for First Presbyterian Church of Tequesta, 482 Tequesta Drive, for the Construction of a 4,500 Square Foot Educational Building Addition. Richard Anschutz, as Agent for the First Presbyterian Church. (A QUASI JUDICIAL HEARING) 1) Swearing in of witnesses, if Required Village Clerk Manganiello swore in all those intending to speak. 2) Disclosure of Ex-Parte Communications A poll of the Village Council revealed no exparte communication except that Councilmember Schauer reported that at the beginning of March, Richard Anschutz had given her material in regard to the expansion of the First Presbyterian Church. 3) Testimony of witnesses and Cross Examination, if Any Richard Anschutz, agent for the petitioner and Senior Lay Officer of the First Presbyterian Church, introduced Pastor Dr. Shafer, John Holton, Dr. Bill Mowen, and Steve Parker, who were present on behalf of the petitioner. Mr. Anschutz explained that the church had a preschool which was open to the entire community and in which the number of children had increased tremendously over the past few years so that additional space was needed. The VILLAGE COUNCIL • MEETING MINUTES May 13, 1999 PAGE 7 --------------- church proposed to add 4,500 square foot addition to the rear of their building, a courtyard, covered porticos to allow people to get in and out during inclement weather without getting wet, changes to the parking lot for aesthetic purposes, and complete renovation of the entire parking lot. The petitioner requested approval for special exception use; approval of a variance because one corner of the building extended into the setback area approximately five feet; and approval of the entire site plan so that work could be done during the summer while there was no school. Village Attorney John C. Randolph explained that when there were only three Village Council members present a unanimous vote was needed in order for the petitioner's request to prevail; therefore, the petitioner was given the opportunity to postpone their request until a full Council was present if they desired. Mr. Anschutz stated the petitioner preferred to proceed. Mr. Anschutz reviewed the site plan, after which Councilmember Dalack questioned whether anyone present opposed the proposal. Florence Russell responded that she lived in Whitehall condominium across the street, and that she had posted a notice to all the owners and there had been no objections. Peggy Verhoeven, a resident living on Point Drive, was sworn in and stated she was in favor of the project. Vice Mayor Hansen questioned whether trees would be cleared in the retention area and where new parking spaces were planned, to which Mr. Anschutz responded that the retention area would be cleared out but trees would not be removed except in the new parking lot. Mr. Anschutz explained that the engineers had agreed there was enough retention, and that exotics would be removed. Vice Mayor Hansen questioned whether the architecture of VILLAGE COUNCIL • MEETING MINUTES May 13, 1999 PAGE 8 --------------- the new building addition would conform to the old building, to which Mr. Anschutz responded that it would. Vice Mayor Hansen commented that the village should be happy to see more classrooms for young people and this should be an attraction for younger families with children, and that it would improve the village to have more educational facilities. Councilmember Schauer questioned the uses of the proposed eight rooms, to which Mr. Anschutz responded the plan was to use six rooms as classrooms and two rooms for youth groups. Mr. Anschutz explained that because of the number of children enrolled in the school, HRS required more space, and that the church had been turning away children because of lack of space. Councilmember Schauer commented that she liked the new parking • area and the covered walkway. 4) Finding of Fact Based Upon Competent, Substantial Evidence: a) Motion to Approve/Deny/ Special Exception Use Councilmember Dalack made a motion to approve the Special Exception Use for First Presbyterian Church of Tequesta, 482 Tequesta Drive. Councilmember Schauer seconded the motion. The vote on the motion was: Carl C. Hansen - for Basil Dalack - for Elizabeth A. Schauer - for Motioa was therefore passed and adopted. b) Motion to Approve/Deny Variance Request Councilmember Dalack made a motioa to approve • the variance Request for First Presbyterian VILLAGE COUNCIL • MEETING MINUTES May 13, 1999 PAGE 9 --------------- Church of Tequesta, 482 Tequesta Drive. Councilmember Schauer seconded the motion. The vote on the motion was: Carl C. Hansen - for Basil Dalack - for Elizabeth A. Schauer - for Motion was therefore passed aad adopted. c) Motion to Approve/Deny Site Plan Director of Community Development Scott D. Ladd requested that any motion to approve include the conditions recommended by staff. Mr. Anschutz stated that the petitioner agreed to the conditions. • Councilmember Dalack made a motion to approve the Site Plan for First Presbyterian Church of Tequesta, 482 Tequesta Drive, with the following conditions: (1) First Presbyterian Church shall continue to work with Fire Rescue to complete the Life Safety Evaluation as required by the NFPA #101 Life Safety Code; (2) That the applicant shall continue with the implementation of the previously approved landscape plan (the applicant is currently implementing the final phase of the plan) in good faith. Councilmember Schauer seconded the motion. The vote on the motion was: Carl C. Hansen - for Basil Dalack - for Elizabeth A. Schauer - for Motion was therefore passed and adopted. • C. Modified Site Plan Review for Lighthouse VILLAGE COUNCIL • MEETING MINUTES May 13, 1999 PAGE 10 --------------- Gallery and School of Art, 395 Seabrook Road, for a 33' x 21' Galvanized Frame Structure with a white vinyl Awning, Covering Lighthouse Gallery & School of Art, Applicant. Director of Community Development Scott D. Ladd explained that Lighthouse Gallery & School of Art was requesting a modification to their previously approved site plan to add a 33~ x 21~ galvanized frame structure with a white vinyl awning over an existing area, and the request met all village codes. Margaret Inserra, Director of Lighthouse Gallery & School of Art, explained that the request was to add an awning on the west side of the new studio. Councilmember Schauer stated she had • no objections, and believed the awning would enhance the area. Vice Mayor Hansen questioned whether the awning would cover the area where the kiln was operated, and if so whether there would be a danger of burning the awning. Ms. Inserra responded that kilns were insulated to meet safety codes and could be placed indoors or outdoors with no danger of fire. Ms. Inserra explained that the purpose of the request was to increase square footage for recreational activities. Councilmember Schauer made a motion to approve the Modified Site Plan for Lighthouse Gallery and School of Art, 395 Seabrook Road, for a 33' x 21' Galvanized Frame Structure with a white Vinyl Awning. Councilmember Dalack seconded the motion. The vote on the motion was: Carl C. Hansen - for Basil Dalack - for • Elizabeth A. Schauer - for VILLAGE COUNCIL • MEETING MINQTES May 13, 1999 PAGE 11 --------------- Motion was therefore passed and adopted. IX. NE~Q BUSINESS E. Ordinance - First Reading - An Ordinance of the village Council of the Village of Tequesta, Palm Beach County, Florida, Amending Chapter 18 of the Village Code of Ordinances Section 18-1 So As To Create a Village Utilities Department; Providing for Utilities Director and Other Personnel and Employees as may be Appointed Thereto by the village Manager; Providing That the Utilities Department Shall Oversee the Provisions of Chapter 18 or the village Code Relating to v~ater and Chapter 19 of the village Code Relating to Stormwater; Providing for Severability; Providing for Repeal of • Ordinances in Conflict; Providing for Codification; Providing an Effective Date. (Staff Recommeads Approval) vice Mayor Hansen read the above ordinance on first reading by title only. Village Manager Bradford explained that Section 3.07 of the village Charter referenced establishments of all departments by ordinance. Village Manager Bradford explained that the intention, in order to have better operations and economies of scale, was to merge the Water Department with the Stormwater Utility to create a Utilities Department to be overseen by the new Utilities Director. This ordinance would create the new Utilities Department and charge the Utilities Director with overseeing Chapter 18 and Chapter 19 of the Village Code, relating to water and stormwater. Councilmember Dalack questioned the number of personnel in the new department, to which village Manager Bradford responded there would be approximately 14, and there would be no new personnel and therefore no additional cost for personnel. Councilmember Schauer commented that the decision to • combine the departments to create a savings for the VILLAGE COUNCIL • MEETING MINUTES May 13, 1999 PAGE 12 --------------- Village had been discussed at the time the former Water Department and Stormwater Utility managers had resigned. Village Manager Bradford explained this matter had been discussed approximately six months ago and a Utilities Director with a civil engineering degree had been hired to provide a level of expertise to oversee both utilities. Vice Mayor Hansen questioned whether a plan was in place to charge each area of the Utilities Department the appropriate amounts, to which Village Manager Bradford responded that the water funds would be in the Water Enterprise Fund and the stormwater utility funds would be in the Stormwater Utility Fund. Vice Mayor Hansen questioned whether eliminating a portion of the Village Code would be appropriate, to which Village Attorney Randolph responded Chapters 18 and 19 could be combined into one but that he saw no purpose for • combining them. , Councilmember Schauer to approve the above ordinance on first reading by title only. Councilmember Dalack seconded the motion. The vote on the motion was: Carl C. Hansen - for Basil Dalack - for Elizabeth A. Schauer - for Motion was therefore passed and adopted. X. ANY OTHER MATTERS Councilmember Dalack commented that at the last meeting the last item on the agenda had been to authorize a note in the amount of $108,000 to finance computer hardware and software, with the cost of interest on the five-year note approximately $12,000. Councilmember Dalack questioned whether it would be beneficial to the Village to pay off the note immediately to save that interest. Village Manager Bradford responded that • the reason for the note was to stabilize rates, and that if VILLAGE COUNCIL MEETING MINUTES May 13, 1999 PAGE 13 --------------- the Village had budgeted the whole amount in this year's budget, there would have been a spike in rates because expenses by virtue of the Village's bond covenants were automatically factored in and rates were automatically increased if expenses exceeded a certain point. Village Manager Bradford explained that the village had the money to pay the note in full; however, pointed out that at the Redevelopment Committee meeting the previous Monday the Mayor had mentioned the concept of internal financing for the Tequesta Plaza purchase. Village Manager Bradford explained that in order for the internal financing concept to be successful, a certain level of retained earnings was required in the Water Enterprise Fund, which built up over time by revenues being in excess of expenditures. Village Manager Bradford expressed concern that if $108,000 was used to pay off the note that the balance in the Water Enterprise Fund • could be less than the $2+ million required to make internal financing work. Councilmember Dalack explained that his purpose in proposing payoff of the $108,000 note had been to save money, and questioned whether paying off the note would cost the Village more than if the loan was kept and paid off over five years. Vice Mayor Hansen commented that the money which would have to be used to pay off the note was presently invested and making money for the village. village Manager Bradford responded that if internal financing was not used to pay off what had been borrowed for Tequesta Plaza, the Village would spend $68,960 annually to NationsBank versus $12,000 over five years to Fidelity Federal for the $108,000 loan; and if the $108,000 affected the Village's ability to do the internal financing it would be something to avoid because the Village would save much more doing the internal financing. Finance Director Connie Holloman stated the interest the village was currently earning was greater than the interest on the $108,000. Village Manager Bradford commented that if the Village did not do the internal financing the $108,000 could be paid off because there was no prepayment penalty. Councilmember Schauer explained that the Jupiter High School • Project Graduation was in need of funds for this project. VILLAGE COUNCIL MEETING MINUTES May 13, 1999 PAGE 14 --------------- Village Manager Bradford commented that the Village had allocated approximately $10,000 for aid to community organizations and had used $5,000 to date. Councilmember Schauer made a motion to donate $1,000 to Jupiter High School Project Graduation. Councilmember Dalack seconded the motion. The vote on the motion was: Carl C. Hansen - for Basil Dalack - for Elizabeth A. Schauer - for Motion was therefore passed and adopted. Councilmember Schauer explained that the number of School Board votes necessary to allow construction of Jupiter High School as priority number one had been lacking. Commissioner • Karen Marcus had been contacted and had been successful in helping to obtain the needed votes to keep Jupiter High School in number one priority on the schools construction list. Councilmember Schauer reported the School Board had already contacted the Principal of Jupiter High School and plans were to break ground after January 1, 2000. The new section of the school would be built on the site of the existing football field. Jupiter High School was currently in negotiations with Dwyer High School to use their facilities for sports programs. Councilmember Schauer commented that this addition to the school was really needed and thanked everyone who had worked hard for this project. wade Griest, 494 South Dover Road, questioned whether a new organizational chart would be prepared for the Utilities Department. Village Manager Bradford explained that he had not planned to prepare a new chart, but that combining the Water Department with the Stormwater Utility Department into a single Utilities Department had eliminated the job of Stormwater Coordinator, since those duties would be included in Utilities Director Matthew Morrison's job. This would be • a savings to the Village. Mr. Griest inquired whether a VILLAGE COUNCIL MEETING MINUTES May 13, 1999 PAGE 15 --------------- report had been received regarding Gary Preston, who was ill. Village Manager Bradford explained that he was to call after he had seen his doctor. village Manager Bradford announced that Mrs. Quigley, a Tequesta resident, was about to retire after teaching preschool for 16 years. Mrs. Quigley explained she was not really retiring since she would be tutoring. XI. ADJOIIRNMENT Councilmember Dalack moved that the meeting be adjourned. Vice Mayor Hansen seconded the motion. The vote on the motion was: Carl C. Hansen = for Basil E. Dalack for Elizabeth A. Schauer - for The motion was therefore passed and adopted and the meeting was adjourned at 8:15 P.M. Respectfully submitted, ~~~ U Betty Laur Recording Secretary ATTEST: Q~-a,,.......,.. Dann Mangani llo village Clerk • DATE APPROVED: ~ ~ /o~. ~ 999