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HomeMy WebLinkAboutMinutes_Regular_02/11/1999 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 FEBRUARY 11, 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, February 11, 1999. The meeting was called to order at 7:01 • P.M. by Mayor Elizabeth A. Schauer. A roll call was taken by Betty Laur, Recording Secretary. Councilmembers present were: Mayor Elizabeth A. Schauer, Vice Mayor Carl C. Hansen, and Councilmembers Joseph N. Capretta and Ron T. Mackail. Also in attendance were: village Manager Thomas G. Bradford, Village Attorney John C. Randolph, Village Clerk Joann Manganiello, and Department Heads. Councilmember Alexander w. Cameron was absent from the meeting. II. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Capretta gave the Invocation and led those in attendance in the Pledge of Allegiance to the American Flag. III. APPROVAL OF AGENDA Mayor Schauer requested addition under ANY OTHER MATTERS of the a written response to the Advisory Ballot Summary received at the last Village Council meeting. • VILLAGE COUNCIL MEETING MINUTES February 11, 1999 PAGE 2 --------------- Councilmember Mackail requested discussion of the Advisory Ballot Summary also. Vice Mayor Hansen made a motion to approve the Agenda as amended. Councilmember Mackail seconded the motion. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted and the Agenda was approved as amended. IV. COMMUNICATION FROM CITIZENS Hattie Siegel, 498 Dover Road, questioned why Tequesta Plaza had been allowed to be an eyesore for such a long time. Mayor Schauer explained that the Village had tried to work with Mr. Felhaber, the former owner, to comply with Ordinance 377. The new owner had indicated he could only do a facelift, but was willing to work with the Village. Mrs. Siegel questioned why there had been enforcement on other properties and not on the Tequesta Plaza property, to which Mayor Schauer responded that the Village had agreed not to enforce Ordinance 377 with the new owner until a final agreement could be worked out with the village. Mrs. Siegel stated that the condos on Jupiter Island were given waivers and were still working on their landscaping. Mrs. Siegel stated she believed this was very unfair, and that the memo from the Code Enforcement Officer regarding unsolved cases showed Tequesta Plaza as the number one case. Councilmember Capretta commented if the record was produced of all actions taken by the Village against Tequesta Plaza during the past ten years it would • be very thick, because not only had the property been cited many times for Code Enforcement, the Village had tried to • VILLAGE COUNCIL MEETING ffiINUTES February 11, 1999 PAGE 3 --------------- buy the property three times, tried to condemn the property twice, and had been involved in Court cases. Councilmember Capretta commented the Village had spent more time on this property than any other in the Village other than Mrs. Siegel's house, which Mrs. Siegel stated she resented. Councilmember Capretta explained that the Village had been frustrated by this property and although they had been unsuccessful it was not from lack of attention. Councilmember Capretta discussed how Mr. Felhaber had agreed to sale of the property more than one time but always backed out, and stated that a property could not be named within the Village on which more time had been spent than that one, because it was the last big eyesore in town. Bill Quigley, 79 Holly Circle, noted there had been recent • newspaper articles which were very negative regarding the Village Council's efforts to secure a parcel at Tequesta Plaza. Mr. Quigley stated this area had been a community eyesore for too long and he was pleased to see efforts in the works to build something the community could be very proud of in the future. Mr. Quigley stated he and his wife supported the Village Council's decision. Bill Burckart, representing Tequesta Motorcars in bringing that property into compliance with Ordinance 377, explained that a final inspection showed some plants missing, etc., and there were two issues he believed should be resolved by the Village Council. Mr. Burckart explained that a letter had been given to Director of Community Development Scott D. Ladd regarding these issues, late that day. The first issue was a request to place green and black slats into the 4~ high chain link fence at the rear which was on top of a 7" high wall. This would provide an il~ wall at the rear which would block view from adjacent apartment units. The second issue was that the beach sunflower plants requested by the Community Appearance Board were not • available at this time and sod was requested instead, since this was in an area which would not be seen by the public. Mr. Burckart requested these two issues be resolved so that • VILLAGE COUNCIL MEETING MIN[7TES February 11, 1999 PAGE 4 --------------- the foreclosure authorized by the Special Master would not proceed. Mayor Schauer commented that the last time Mr. Burckart had been before the Village Council he had stated the project would be completed in six months. Mr. Burckart explained that was approximately 1-1/2 years ago, and that the contract purchaser had died of cancer two weeks before the closing was to have taken place, which delayed matters. Village Attorney Randolph questioned Director of Community Development Scott D. Ladd regarding whether a public hearing was required on this issue, to which Mr. Ladd responded these types of issues were only agenda items. Village Attorney Randolph advised the Village Council that if a public hearing with notice to adjacent property owners was not required, then the Village Council might consider it; however, it was very unusual that this was not an . agenda item which the staff had opportunity to research and provide backup to the village Council. Attorney Randolph stated it was not fair for Mr. Ladd just having received the letter to answer tonight in order to advise the Village Council as to what to do in regard to this property, but it was up to the Village Council and they could act on it if they wished. Further discussion ensued regarding actions taken by the Special Master. Village Attorney Randolph expressed concern that the Code Enforcement Officer was not present since he could give a history of the code enforcement actions regarding this property. Mr. Burckart explained that the intent of the ordinance was originally compliance and not foreclosure of properties, and this property owner had spent $30,000, paying as he could. Mr. Burckart explained the fence was the one originally approved and this would be an upgrade; the area where beach sunflowers were requested had originally been submitted as a sodded area since the public would not see it, but the Community Appearance Board had asked for the sunflowers which were not available at this time. The Village Attorney explained that he was advising the Village Council as to what they could do in this matter. Mr. Ladd i stated that issue one was something that would have come to the village Council originally as a waiver request, so • VILLAGE COUNCIL MEETING MINUTES February 11, 1999 PAGE 5 --------------- could be considered by the Village Council. Mr. Ladd stated issue two had been changed by the Community Appearance Board but sod would also have met the ordinance. Discussion ensued. Mr. Ladd considered the requests to be reasonable and sod had been placed in planters on other properties. The list of deficiencies resulting from the final inspection and previous deadlines given by the Special Master were discussed. Attorney Randolph advised that if the Village Council wished to do so they could waive the two items requested and it would be up to Mr . Burckart's client to come into compliance with the other eleven items on the list. Councilmember Capretta made a motion to waive the two items requested by Mr. Burckart. Councilmember Mackail seconded the motion. During discussion of the motion, it was • clarified that putting the slats into the chain link fence was a condition of the waiver as well as sod in lieu of beach sunflowers. Vice Mayor Hansen stated he had a problem with doing something which may or may not be against the Special Master or the Community Appearance Board, and with the letter being delivered at the last minute, and he would have respected the request a lot more if the letter had been submitted a couple of days earlier to give staff time to research the matter; however, the vice Mayor stated he would vote with the rest of the village Council to extend the waiver on the two items only but recommended better cooperation in the future. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted. Councilmember Capretta commented that 96 businesses had • been notified they must comply with Ordinance 377 and were given five years to comply. At the end of five years not • VILLAGE COUNCIL b~ETING MINUTES February 11, 1999 PAGE 6 --------------- a single business had complied. Mr. Ladd had prepared a list of the 96 properties with seven steps for compliance, and had submitted the list to the Village Council periodically to show where each property stood in the compliance process. Mr. Ladd advised that approximately 90g had now completed compliance. Councilmember Capretta commented some had been problems, but the Village was persistent in getting compliance. Councilmember Capretta reminded residents these were minimum property standards and that further standards could be established to protect property values, but with a line drawn that allowed a person to be king of his property until it affected his neighbors. Councilmember Capretta invited residents to attend meetings where this was presented to offer their opinions. Councilmember Capretta commented that when a person owned more than one home, the Village could take a • property that did not comply, which they had done in order to protect the property values of others. Peggy Verhoevea, Point Drive, questioned whether the Village had a signed, final agreement on Tequesta Plaza, to which the response was affirmative. Mrs. verhoeven stated there was not anyone in the Village who did not want to see the plaza developed and explained that the objection was to the Village being in partnership with the developer. VI. 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, is which eveat, the item will be removed from the Coaseat Agenda of Business and considered is its normal sequeace oa the Agenda. Mayor Schauer read aloud the following Consent Agenda items: • VII. APPROVAL OF MINUTES AND REPORTS • VILLAGE COUNCIL MEETING MINUTES February 11, 1999 PAGE 7 --------------- *A) Employees' Pension Trust Fund Board of Trustees Meeting Minutes, October 28, 1998; *B) Community Appearance Board Meeting Minutes November 18, 1998 *C) Special Master Code Enforcement Hearing Minutes, November 19, 1998; *D) Finance and Administration Committee Meeting Minutes, January 7, 1999; *E) Village Council Meeting Minutes; January 14, 1999; *E) village Managers Report: January 11, 1999 to February 5, 1999 IX. NEW BUSINESS *F) Consideration to purchase one (1) 1999 GMC 14' Flatbed Dump Truck in the Amount of $31,331, from King Truck Center of Apopka, Florida, Pursuant to the 1999 State of Florida Annual Contract #070-700- 98-1, Having a FY 1998 and FY 1999 Public Works Capital Equipment Budget Allocation of $40,000. (Staff Recommends Approval) village Clerk Joann Manganiello pointed out that item vI (D) should not have been included in the Consent Agenda since it was to be presented to the village Council as a separate agenda item for approval. Motion was made by Councilmember Mackail to approve the Consent Agenda with item VI(D) omitted. The motion was seconded by Vice Mayor Hansen. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for Ran T. Mackail - for The motion was therefore passed and adopted. • VILLAGE COUNCIL MEETING MINUTES February 11, 1999 PAGE 8 --------------- VIII. COb~ITTEE REPORTS A) Finance and Administration Committee; January 7, 1999 Village Manager Bradford reported that the Finance and Administration Committee had met to consider merging the operations of the water Department and Stormwater Utility and to select a Utility Director to oversee both functions. The Committee recommended that be done and in order to expedite the matter, the position had been advertised with 30 responses to date. The Village Manager explained that the chosen applicant would be presented to the Village Council for approval. Vice Mayor xansen commented that the position required technical knowledge and he favored hiring someone with an • understanding of those functions. Vice Mayor Hansen made a motion to approve the report of the Finance and Administration meeting of January 7, 1999 as presented. Couacilmember Capretta seconded the motion. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted. X. DEVELOPMENT MATTERS A) An application from Donaldson Hearing, Cotleur and Hearing Landscape Architects, as Agent for Owner, for Review of Landscape Plans for Ordinance #377 Compliance for the Villager Apartments, 360 Fiesta Avenue, Tequesta. Attorney William Shannon introduced others present on • VILLAGE COUNCIL MEETING MINUTES February 11, 1999 PAGE 9 --------------- behalf of Villager Apartments: Robert Cromwell, one of the apartment owners, John Pearson, manager of the apartments, and Donaldson Hearing, Landscape P,rchitect. Attorney Shannon explained that the applicant believed the property to be in compliance with Ordinance 377, and Mr. Hearing reviewed highlights of the landscape plan, stressed the need to maintain parking, and explained that although the percentage of native plants was not in compliance because of the amount of existing material, as plants needed to be replaced they would be replaced with native plants. Attorney Shannon requested until the first week in June to final completion, to which. Director of Community Development Scott D. Ladd responded he had no problems with granting that time. Mr. Hearing explained that 110 parking spaces were required and that there were 90 spaces, some of which were larger spaces. Mr. Hearing stated there were 55 apartments, and the cost for compliance would be between $25,000 $30,000. Councilmember Mackail stated he was pleased to see this improvement to the property. Village Manager Bradford explained that since every two years the Department of Community Development inspected properties for landscaping compliance, the Landscape Architect might want to indicate on the plans what native plants could replace existing plants. Mr. Ladd suggested that a list be submitted with the application for permit. vice Mayor Hansen made a motion to approve the application from Donaldson Hearing, Cotleur and Hearing Landscape Architects, as Agent for Owner, for Review of Landscape Plans for Ordinance #377 Compliance for the Villager Apartments, 360 Fiesta Avenue, Tequesta. Councilmember Mackail seconded the motion. During discussion of the motion it was clarified that the motion was assumed to include what the Community Appearance Board approved, the alternative dumpster location as spelled out in the places, the time for completion as • requested by the applicant, and the list of native plants to be submitted with the permit. The vote oa the motion • VILLAGE COUNCIL MEETING MINUTES February 11, 1999 PAGE 10 --------------- was: Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted. IX. NEW BIISINESS A) Resolution No. 13-98/99 - Approving a Water Service Agreement with Metropolitan Construction Services, LLC and Authorizing the Village Manager to Execute the Same on Behalf of the Village. (Staff Recommends Approval) • Village Manager Bradford explained that waters Edge Development had submitted a water service agreement and $15,000 for the connection charge. The development was to consist of eight single family homes on County Line Road. Village Attorney Randolph read Resolution 13-98/99 by title only. Councilmember Mackail made a motion to approve Resolution 13-98/99. Councilmember Capretta seconded the motion. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted. • B) Resolution No. 14-98/99 - Supporting the Proposed Jupiter Academy for the Arts and Sciences, a Proposal to • VILLAGE COUNCIL MEETING MINUTES February 11, 1999 PAGE 11 --------------- Establish a Charter School Serving the Middle School Children of Palm Beach County. (Staff Recommends Approval) Mayor Schauer reported she and Village Manager Bradford had met with the people hoping to establish the charter school and that the proposed school had received the blessing of the Chamber of Commerce. Mayor Schauer stated she believed this school would be good for the community. Mayor Schauer explained this school would receive funding from Palm Beach County School Board and would be open to anyone who wanted to attend. Vice Mayor Hansen questioned whether the School Board would be paying more per student for this school. Mayor Schauer explained this school would take money from Jupiter • Middle and Duncan Middle schools since students would be taken from those schools. It was noted there was a charter school in Pembroke Pines and a very successful one in Palm Beach. village Attorney Randolph read Resolution 14-98/99 by title only. Vice Mayor Hansen made a motion to approve Resolution 14- 98/99. Councilmember Capretta seconded the motion. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted. C) Resolution No. 15-98/99 - Approving Contractual Services Agreement with Pam Crider for Computer Programming Services and Authorizing Village Manager to Execute the • Same on Behalf of the Village. (Staff Recommends Approval) • VILLAGE COUNCIL MEETING MINUTES February 11, 1999 PAGE 12 --------------- Village Manager Bradford explained that the current system was an NCR dinosaur planned to be removed and replaced by this summer. The program required a programmer to make changes since it was written in COBAL language. The current NCR programmer knew the Village did not plan to get another system of this type, and therefore refused to provide further services. Village Manager Bradford explained that the Village had been fortunate in locating Pam Crider, who lived in Jupiter and was a former employee of NCR and who could provide these services until the new system was installed. Village Manager Bradford explained the cost was anticipated to be under $10,000. Finance Director xolloman indicated conversion was anticipated by July 1, 1999 and that balances could be brought forward for the • new system, which would be a step toward Village networking. village Attorney Randolph read Resolution 15-98/99 by title only. Councilmember Mackail made a motion to approve Resolution 15-98/99. Vice Mayor Hansen seconded the motion. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted. D) Resolution No. 16-98/99 - Supporting a Request for the State Legislature to Enact New Laws Regulating Pawnbrokers. tStaff Recommends Approval) village Manager Bradford reported that Mayor Schauer had • received a letter from Warren Newell regarding the proposed amendment to the Florida Pawnbrokering Act which VILLAGE COUNCIL MEETING MINUTES February 11, 1999 PAGE 13 --------------- would require property rights to be restored to victims whose property was pawned after being stolen. Conflicting provisions within the Statute would be removed and criminal penalties would be provided for repeated recordkeeping violations undertaken by pawnbrokers. Mr. Bradford reported there were over 1,400 pawnbrokers in Florida, or 10~ of those in the entire nation. The Village Manager noted the County Police Chiefs' organization was endorsing this amendment and that Police Chief Allison was in favor of the amendment. Village Manager Bradford commented that although Tequesta currently had no pawn shops, that if property stolen in Tequesta was pawned in Jupiter, the village was equally affected. • Vice Mayor Hansen made a motion to approve Resolution 16- 98/99. Councilmember Mackail seconded the motion. Village Attorney Randolph read Resolution 16-98/99 by title only. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for Roa T. Mackail - for The motion was therefore passed and adopted. E) Consideration of Approval of $25,000 Grant Request for YMCA of Tequesta. (Staff Recommends Approval) Village Manager Bradford provided a breakdown of the $25,000 request: $9,000 for improvements made to the Recreation Center for various recreational programs, and $16,000 to proceed with programming. The Village Manager reported that Gary Preston, Recreation Director, had indicated that his budget could accommodate the YMCA request so long as this was a one time only start-up expense. In addition, the Village had recently received $18,906 from the refund of the Jupiter Water Rate • VILLAGE COUNCIL FETING MINUTES February 11, 1999 PAGE 14 --------------- Increase which could be utilized. It was assumed that programs would generate funds in the near future so that there would be no other requests of this nature. Village Manager Bradford recommended that the Village Council approve the grant request in the amount of $16,000, subject to the following conditions: 1. Said request be a one-time only start-up grant; 2. The YMCA be required to provide monthly reporting of its activities at the Tequesta Recreation Center in a form satisfactory to the administration in order to be able to more closely gauge the success of the YMCA's programming efforts in the Tequesta area; • 3. That the YMCA make regular monthly submittals to the Tequesta Smoke Signals newsletter in order to ensure timely dissemination of recreation programming information to Tequesta citizens. Mr. Preston advised that response to YMCA programs had been very good but communication to the citizens was needed. Mayor Schauer urged use of the newsletter, stating that was free advertising for the YMCA, requested information on whether the YMCA fingerprinted people dealing with children, and commented the Police Department would provide free fingerprinting services. During ensuing discussion, vice Mayor xansen expressed his opinion that the YMCA was a good organization who needed the Village, and the village needed them. The vice Mayor also commented that the YMCA had teachers but needed students and recommended a sign. Mr. Preston explained that the • Village maintained Constitution Park and the YMCA used the park. Councilmember Capretta stated there • VILLAGE COUNCIL MEETING MINUTES February 11, 1999 PAGE 15 --------------- was a need to sell people on the YMCA program and on Constitution Park, and the Village should require a participation report. Councilmember Capretta commented if the YMCA did not do a better job they would not get the Village's support, which the Village was willing to provide if they had participation. vice Mayor xansen expressed his opinion that there would be participation if the programs were publicized, and commented that Lighthouse Gallery had had to expand because of the heavy participation in their classes. Councilmember Mackail commented the programs were important to the community. vice Nayor Hansen made a motion to approve the $25,000 Grant Request for YMCA of Tequesta. • Councilmember Capretta seconded the motion. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for Ron T. Mackail - for The motion a-as therefore passed and adopted. It was clarified that the Village Council agreed to the conditions recommended by the village Manager. The village Manager commented that part of the grant was for radio advertising. X. ANY OTHER MATTERS Mayor Schauer recommended that the Village let the people who had responded to the advisory ballots know how the Village • Council felt about the information in the advisory ballot booklet given to the village Council at their last meeting by • VILLAGE COUNCIL MEETING MINUTES February 11, 1999 PAGE 16 --------------- Citizens for Responsible Government, and why they had voted the way they did. Village Manager Bradford indicated the best way to respond would be by a letter to each person. Councilmember Mackail commented he had a very disturbing phone call from a resident who was quite surprised and shocked at information being disbursed. Councilmember Mackail stated he would like to set the record straight regarding the ballot, which contained untrue information. Councilmember Mackail recommended the Village Council respond by drafting a letter to each person who voted, making the facts known, and presenting the correct numbers. Councilmember Mackail stated this was the first opportunity the Village Council had had to address this ballot as a governing body since it was presented at the last Village Council meeting two weeks ago. Councilmember Mackail recommended a letter signed by the Mayor and every Councilmember to alleviate some of the untrue • innuendos which had been dispersed. Mayor Schauer agreed every Councilmember should sign the letter and the letter should be from every Councilmember. Vice Mayor Hansen expressed his opinion that the Village Council should respond to set the record straight where it was not straight even though the 309 people who had signed were only 6$ of the village's population. Councilmember Mackail stated the Village Council had a fiscal and a fiduciary responsibility to provide the correct numbers to the people. village Manager Bradford stated he had counted the ballats in the book and there were only 168 ballots with 253 names. Mayor Schauer indicated her belief that it was the responsibility of the village Council to respond. Peggy verhoeven indicated she was still receiving ballots. Councilmember Mackail made a motion that a letter of response be sent signed by the entire Village Council. Councilmember Capretta commented that different people had probably signed the ballot for different reasons, discussed letters that were published in the local newspaper, and • cautioned that the Village Council could not respond to every criticism or overreact, but should recognize criticism as a • VILLAGE COUNCIL MEETING MINUTES February 11, 1999 PAGE 17 --------------- part of a process of government, let the newspapers print their letters every week and not overreact. Councilmember Capretta requested that a copy of the letter sent to the people who had signed the advisory ballot be published in Smoke Signals. Councilmember Mackail made a motion to respond to the people who had signed the advisory ballot with correct factual information with a copy of the letter to be published in the issue of Smoke Signals newsletter currently being readied for publication. Vice Mayor Hansen seconded the motion. The vote on the motion was: • Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted. XI. ADJOQRNMENT Councilmember Mackail moved that the meeting be adjourned. Councilmember Capretta seconded the motioa. The vote on the motioa was: Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted and the meeting was adjourned at 9:00 P.M. • • VILLAGE COUNCIL MEETING MINUTES February 11, 1999 PAGE 18 Respectfully submitted ,`~ Betty Laur Recording Secretary ATTEST: Joann 1Kanganie o village Clerk • DATE APPROVED: •