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HomeMy WebLinkAboutMinutes_Regular_10/08/1998• 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 OCTOBER 8, 1998 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, October 8, 1998. 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, and Councilmembers Alexander W. Cameron, 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. Mayor Elizabeth A. Schauer was absent from the meeting. Vice Mayor Hansen complimented the Mayor on her attendance at meetings since this was the first time she had been absent in the two years he had been Vice Mayor. II. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Joseph N. Capretta gave the Invocation and led those in attendance in the Pledge of Allegiance to the American Flag. III. APPROVAL OF AGENDA Vice Mayor Hansen requested addition of discussion of ENCON Recycled Paper • VILLAGE COUNCIL MEETING MINUTES October 8, 1998 PAGE 2 --------------- and upcoming elections under Any Other Matters. Village Manager Bradford requested addition of a presentation by Water Department Manager Tom Hall regarding a well bid opening under Any Other Matters. The following motion was made after Communications from Citizens had been completed. Couacilmember Cameros made a motion to approve the Agenda as amended. Councilmember Capretta seconded the motion. The vote on the motion was: Carl C. Hansen - for Alexander W. Cameron - for Joseph N. Capretta - for • Roa T. Mackail - for The motion was therefore passed and adopted and the Agenda was approved as amended. IV. COb~iUNICATION FROM CITIZENS Paul Moran, 404 Dover Circle, explained he worked as a paper-hanging contractor who had worked from his home for 30 years and conducted business on the phone and did takeoffs from blueprints. Mr. Moran stated that his home occupational license this year was $100 and requested justification for that amount from the Village Council. Village Manager Bradford explained that in many cases a fire inspection was required and that was the reason the rate had been set at that amount. Mr. Moran stated his construction related license which he had had for many years had been much less, and was $20 for some time. Mr. Moran stated he paid $30 to Palm Beach County for his county occupational license. Mr. Moran stated he felt $100 • was too much to pay on an annual basis. Councilmember Capretta questioned what amount Mr. Moran would pay for an • VILLAGE COUNCIL b~ETING MINUTES October 8, 1998 PAGE 3 --------------- occupational license if he were operating out of a storefront, to which village Manager Bradford responded it would be $35. Councilmember Capretta commented that in effect, the Village had made it punitive to work out of your home because the Village did not want businesses in homes in residential areas. Councilmember Capretta questioned whether Mr. Moran's neighbors were unhappy with him, to which Mr. Moran responded they were not, and Village Manager Bradford stated Mr. Moran's business was acceptable under the home occupational license and he had no traffic to speak of and met all the requirements. Councilmember Capretta questioned whether the reason Tequesta had passed the ordinance requiring an annual fee of $100 was to discourage home businesses, to which the Village Manager responded that was part of it but he recalled it was based on a survey of other cities who had • home occupational licenses and they tended to be typically higher than if the person were operating in a commercial area in a storefront. Councilmember Capretta requested the Village Manager provide that survey data to Mr. Moran to show him he was being treated fairly. Councilmember Capretta advised Mr. Moran to come back to address the Village Council again if after review of the data he still felt the charge was unfair. Paul Coben, 16 Palmetto may, recalled that the Village Council had planned to vote in October whether they planned to proceed with a Village Hall in Tequesta Plaza, and urged the village Council to reconsider building a village Hall in that location. Mr. Coben stated he had a lot of respect for the work that the Village Council and staff had done in preparing the plans for overhaul of Tequesta Plaza, and agreed it would be nice to change it, but really hoped the Village Council would reconsider building the Village Hall there, and stated he also did not want to see a road through Tequesta Plaza but did not yet have an alternate plan. • Joe Hall, 159 Country Club Drive, thanked Alan Oslund and • VILLAGE COUNCIL b~ETING MIN[JTES October 8, 1998 PAGE 4 --------------- Gary Preston for their efforts in lowering the pond behind his house in preparation for Hurricane Georges, and stated this was the first time anyone had taken flooding seriously enough to lower that pond. Mr. Hall commented regarding a new Village Hall that he believed it should be built on the land owned by the Village next to the Police and Fire Rescue Departments, that if it was located at Tequesta Plaza it should not be back behind other buildings but should be out on Tequesta Drive, and that he agreed something must be done with the Tequesta Plaza property. Mr. Hall stated if the village purchased land at Tequesta Plaza they would lose by having to pay for it and again by lost taxes they would have received if someone else bought the land. Mr. Hall stated the Village did not need to get into the development and real estate business. • Nade Driest, 494 South Dover Road, stated he agreed with Mr. Coben as did many other residents, and that $1.3 million was paid for Tequesta Plaza and the village would pay $1.5 million for only 1/4 of the property. Mr. Driest commented he believed the Village Council would make the right decision to build their new headquarters in this area where the village already owned the property. Peggy verhoevea, Poiat Drive, commented it was nice to see Councilmember Cameron back. Mrs. Verhoeven questioned whether the village Center project was on hold since Mr. Oslund had left the Village, to which village Manager Bradford responded Mr. Oslund would have had nothing to do with that project. Mrs. Verhoeven expressed her opinion it was not good financial thinking for the Village to have a center in Tequesta Plaza, and stated that the residents did not want to pay for it. Mrs. Verhoeven questioned whether Tequesta Drive would be resurfaced where it had settled because of the drainage project, to which Village Manager Bradford responded the contractor would provide an overlay which was a part of his contract. • PRESENTATIONS AND PROCLAMATIONS v. • VILLAGE COUNCIL N~ETING MINUTES October 8, 1998 PAGE 5 --------------- A) Proclamation Declaring October 23 to 31 as the Red Ribbon Celebration in the Village of Tequesta. Vice Mayor Hansen read aloud a Proclamation declaring October 23 to 31 as the Red Ribbon Celebration in the Village of Tequesta. Councilmember Mackail made a motion to approve adoption of the Proclamation Declaring October 23 to 31 as the Red Ribbon Celebration in the village of Tequesta. Councilmember Cameron seconded the motion. The vote on the motion was: Carl C. Hansea - for Alexander 9P. Cameron - for Joseph N. Capretta = for Ron T. Mackail for The motion was therefore passed and adopted. VI. CONSENT AGENDA All items listed with an 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: VII. APPROVAL OF MINUTES AND REPORTS *A) Community Appearance Board; Uu1y 15, 1998 *a) Village Council Meeting Minutes; September 10, 1998 *C) Village Managers Report: September 18, 1998 - October 1, 1998 • VILLAGE COUNCIL MEETING MINOTES October 8, 1998 PAGE 6 --------------- Motion was made by Councilm~ Consent Agenda as presented. Councilmember Mackail. The Carl C. Hansen Alexander w. Cameron Joseph N. Capretta Ron T. Mackail ember Cameron to approve the The motion was seconded by vote on the motioa was: - for - for - for - for The motion was therefore passed and adopted. VIII. APPOINTMENTS A) Consideration of Reappointment of Paulette Torcivia as Special Master for a Two Year Term Expiring October 10, 2000. Village Manager Bradford reported this item had been on the consent agenda at the last meeting and had been pulled for discussion. The Village Manager explained Tequesta's Ordinance stated the Special Master was appointed for a term of two years and served at the pleasure of the Village Council, who could remove the Special Master at any time for any reason. village Manager Bradford reported at the last meeting it had been suggested that input be received from the Code Enforcement Officer regarding the performance of the Special Master, and his memo had been included in the packet of materials provided to the Village Council prior to this meeting, wherein he had stated the Special Master had reviewed 70 cases in the past two years with 63 or 90~ in favor of the Village. Three cases had been continued, four decisions were issued against the Village, and one case which the Special Master had ruled for the Village was overturned by the Circuit Court. The Code Enforcement Officer considered the Special Master's • performance acceptable and reported they were working together to make the Special Master more familiar with • VILLAGE COUNCIL MEETING MINUTES October 8, 1998 PAGE 7 --------------- Tequesta`s ordinances. Councilmember Mackail commented until the last meeting he had not been aware there was any concern and the Special Master had resolved a lot of concerns. Councilmember Mackail recommended reappointment of the Special Master for another two-year term. Councilmember Capretta commented he had brought up the idea of having an appraisal of performance for any position, and recommended analyzing the results of the seven cases where the Special Master did not rule in favor of the Village as to why she had not--possibly because the ordinance was vague or inappropriate. Councilmember Capretta commented the whole concept of minimum standards for code enforcement was rather controversial in the beginning, however, it seemed to have worked well and the • Village Council had discussed expanding the concept. Councilmember Capretta stated that what was being done today could be called Phase I and suggested getting input from the Code Enforcement Officer as to what areas should be expanded, because he probably saw unsightly things he would like to do something about which were currently not covered by ordinances. Councilmember Capretta commented that since 1990 the village had probably received 5,000 complaints and considering there were only 2,000 homes in the Village, that meant every home was turned in twice, making it obvious a lot of people had problems in keeping their property up to minimum property standards. The purpose of the minimum property ordinance was to try to assure that all property owners kept their property to a minimum level, which 80~-90~ did on their own without Code Enforcement, and if residents wanted property values to rise then properties must look nice--therefore, Councilmember Capretta stated, he would be receptive to receiving input from the Code Enforcement Officer regarding areas he thought should be expanded. Councilmember Capretta commented that property values had • risen 6.8g, increasing revenue to the village, and that expanding the minimum standards would be done to benefit • VILLAGE COUNCIL MEETING MINOTES October 8, 1998 PAGE 8 --------------- property owners. Councilmember Cameron stated he was not entirely satisfied with the way things had worked out under the Special Master and requested more input on details of cases, but recommended reappointment at this point because the Village Council could change that decision later. Vice Mayor Hansen commented that because of the Special Master, many more cases were being settled simply by Code Enforcement talking to people. Peggy verhoevea, Poiat Drive, commented she had attended Special Master hearings a few times, and pointed out that the Special Master had to stay within the code and also use her own good judgement, which was what the village was paying her to do, and her decisions had been extremely fair in the cases Mrs. Verhoeven had observed. Mrs. Verhoeven commented the previous Code Enforcement • Board system had not worked. Mrs. Verhoeven questioned whether this was a democratic system with a judge using her own good judgement or whether she was going to be dictated to in order to do what the Village Council and the Village wanted her to do. Mrs. Verhoeven reported the Special Master had judged fairly in those cases she had personally observed, and questioned why the village should have a Special Master if she was required to always decide the way the village Council wanted. Mrs. Verhoeven commented the Special Master should be allowed to make decisions within the code as she interpreted it, and stated that she would evaluate the Special Master's performance as very good. wade Griest, Dover Road, commented that he was the only person present who had attended almost all of the Special Master hearings since they began, and the Special Master system had been instituted in order to process cases faster, and not in order to impose or not impose fines. Mr. Griest stated the Special Master acted as a judge, and the Village must place their confidence in her as to • her decisions. Mr. Griest agreed with Councilmember Capretta's suggestion to investigate more thoroughly • VILLAGE COUNCIL MEETING MINUTES October 8, 1998 PAGE 9 --------------- before making the decision to keep the Special Master. Mr. Griest stated his opinion that decisions in some cases had been questionable, that a few cases would always be problems, and recommended the Village Council carefully look into this matter. Vice Mayor Hansen reported when the Village had been considering the Special Master system he had called other municipalities who already had such a system and all had reported they were very pleased they had gone to that system. Vice Mayor Hansen stated his belief the Special Master System was much better, and that neighbor judging neighbor was not the right system. Councilmember Mackail made a motion to reappoint Paulette Torcivia as Special Master for a term of two years, • expiring October 10, 2000. Councilmember Cameron seconded the motion. The vote on the motion was: Carl C. Hansen - for Alexander N. Cameron - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted. It was the consensus of the Village Council that the village Manager request the Code Enforcement Officer to make a report to the appropriate committee regarding areas where he felt standards were needed to enhance the code, and to provide the reasons seven cases had not been ruled in favor of the village. IX. NEW BIISINESS A} Ordinance - First Reading - Amending investment Options • of Board of Trustees of Tequesta Employees' Pension Trust Fund. (Staff Recommends Approval) • VILLAGE COUNCIL b~sETING MINUTES October 8, 1998 PAGE 10 --------------- Village Manager Bradford reported he and two other members of the Village Council served on the Board of Trustees of Tequesta Employees' Pension Trust Fund, and that the investment manager, represented by Peter van Beuren of Loomis Sales & Company, had recommended the proposed changes in the fund management investment guidelines to allow more flexibility and hopefully greater return on investments. The Village Manager reported Village Attorney Randolph had worked with Mr. van Beuren to formulate the proposed changes requested by the Board of Trustees. village Attorney Randolph read the above Ordinance on First Reading by title only. Councilmember Cameron made a motion to approve the • Ordinance Amending Investment Options of Board of Trustees of Tequesta Employees' Pension Trust Fund upon First Reading by title only. Couacilmember Mackail seconded the motion. The vote on the motion was: Carl C. Hansen - for Alexander N. Cameron - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted. B) Resolution No. 1-98/99 - Supporting Revision No. 7 to the Florida Constitution: Authorizing the Submittal of a Copy of this Resolution to the Florida Legislative Delegation and the Palm Beach County Legislative Delegation, Providing an Effective Date. Village Manager Bradford reported that Mayor Schauer had received a letter from Palm Beach County Commission Chairman Burt Aaronson urging adoption of the above Resolution, and that similar resolutions had already been adopted by Florida League of Cities and the Palm Beach • VILLAGS COUNCIL MEETING MINUTES October 8, 1998 PAGE 11 --------------- County Municipal League. Revision No. 7 would free up to $16 million in court costs now paid by local county taxpayers each year which could be used for local problems instead of funding the state court system, with funding for the state court system to be through state revenue sources such as sales taxes, making it fair in that everyone, including tourists, would contribute. Another provision of Revision No. 7 would let counties decide whether they wanted elected or appointed judges. Councilmember Capretta commented on the television ad for this Resolution which appealed to the public on an emotional basis, and stated that you would never know that it was the same issue described by the Village Manager. Village Attorney Randolph read Resolution No. 1-98/99 by • title only. Couacilmember Mackail made a motion to approve Resolution No. 1-98/99, Supporting Revision No. 7 to the Florida Constitution, Authorizing the Submittal of a Copy of this Resolution to the Florida Legislative Delegation and the Palm Beach County Legislative Delegation, Providing as Effective Date. The motion was seconded by Councilmember Cameron. The vote oa the motion was: Carl C. Hansen - for Alexander W. Cameron - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted. C) Resolution No. 2-98/99 Adopting Procedures Regarding Proposed Construction Activities within Public Rights-of- way and on village Owned Property; Providing an Effective Date. (Staff Recommends Approval) Villa a Mana er Bradford ex lamed ri ht-of-wa g g P g Y VILLAGE COUNCIL MEETING MINUTES October 8, 1998 PAGE 12 --------------- procedures were adapted February 12, 1996 by internal administrative policy and were the way that staff administered and regulated various persons, corporations, and utility companies when they operated in Village rights-of-way. These procedures included pre-application meetings for major projects, pre-construction meetings, no-cost permits to franchisees since they were already paying for the right to use the rights-of-way, notification, requirements for paving and patching, and the Swale policy. These procedures were guidelines for staff in controlling rights-of-way. Although this policy had been in use by staff for the past 2-1/2 years, adoption by Resolution would give this policy more weight. Councilmember Mackail questioned how the Village could . address issues such as the resident who had had legitimate concerns that his new driveway was required to have a swale when he might be the only one on his street to have a Swale for possibly five years. Village Manager Bradford responded that in the last newsletter he had placed a front page article explaining that the only neighborhoods in the Village currently without swales were Tequesta Country Club and some parts of Jupiter In The Pines, and therefore the problem was limited to those areas. The Village Manager commented that in the case of the resident who had appeared before the Village Council his problem had been contributed to by the fact that he had installed the driveway slope according to the requirements but had done nothing else, and Mr. Bradford had written to him that if he would scarf the Swale area on either side of the driveway further that he would not have a standing water problem. Village Manager Bradford also stated that in the event the Village was unsuccessful in stopping ENCON, all of Tequesta Country Club could end up with swales within the next six to twelve months, and Jupiter In the Pines would be next when sewering was installed there. Councilmember Capretta stated there had been a lot of comments from • VILLAGE COUNCIL MEETING MINUTES October 8, 1998 PAGE 13 --------------- people in the Country Club area who now realized what swales were, and that he believed the Village had no other choice. Councilmember Cameron agreed and stated that by adopting the Resolution the Village would have a better chance of enforcing the procedures. Vice Mayor Hansen stated the Village had no choice, but swales were good because they eliminated standing water in the roads. Village Attorney Randolph read Resolution No. 2-98/99 by title only. Councilmember Nackail made a motion to approve Resolution No. 2-98/99, Adopting Procedures Regarding Proposed Coastruction Activities within Public Rights-of-Way and oa Village Owaed Property; Providing an Effective Date. The motion was seconded by Councilmember Capretta. The vote on the motion was: Carl C. Hansen - for Alexander W. Cameron - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted. D) Aaaouacemeat/Notice of Attorney-Client Session Coacerning Dorothy M. Campbell & OZ of Tequesta, Inc. v. Village of Tequesta at a Special Meeting to Be Held on October 15, 1998, Commencing at 4:00 p.m. in the Village Sall Council Chambers, 357 Tequesta Drive, Tequesta, Florida, Wherein a Closed Door Attorney-Client Session per F.S. 286.011(8) Shall Be Held. Joha C. Randolph, Village Attorney. 1) Subject Matter of Meeting 2) Attorney-Client Session Attendees a} Alexander W. Cameron b) Joseph N. Capretta c) Roa T. Mackail d) Elizabeth A. Schauer . vILLAGE coIINCIL MEETING MINUTES October 8, 1998 PAGE 14 --------------- e) Thomas G. Bradford f) Scott G. Hawkins, Esq. g) Jane Pastore, Ley & Marsaa Court Reporters village Manager Bradford announced the subject matter of the meeting would be legal strategy relative to the case. X. ANY OTHER MATTERS Vice Mayor Hansen commented regarding ENCON and the upcoming November 3rd election that he believed the three people running against the incumbents for the ENCON Board were all good candidates and encouraged everyone to go out and vote their choice. ` Water Department Manager Tom Hall reported that afternoon the Village had opened two bids for RO well No. 2 and associated work on RO well No. 1. One bid was incomplete and the second was approximately three times greater than the engineers' cost estimate for this project. The consultant for this project, Mr. Reese, had requested this matter be brought before the Village Council to request that they reject the one valid bid and allow the bid to be re-advertised. Mr. Hall reported approximately one-half dozen bid packets had been picked up, but one company did not attend the mandatory pre-bid meeting at the site so could not bid, and he was unsure why more of the others did not submit bids. Mr. Hall stated he anticipated 3-4 bids would be received if the project was re- bid, and stated the bid materials would remain the same. Mr. Hall explained that at this time two wells for one train were needed, and ultimately there would be five wells for three trains. Mr. Hall explained that this bid would allow development of RO Well No. 1 which had already been drilled, and construction of RO Well No. 2. Mr. Hall explained that the rejected bid did not have a total bid amount or any amount for alternate add and delete items. Councilmember Cameron made a motion to reject the resent bid 7 P VILLAGE COIINCIL MEETING MINUTES October 8, 1998 PAGE 15 --------------- and re-advertise for bids for RO well No. 2 and associated work on RO well No. 1. Councilmember Mackail seconded the motion. The vote on the motion was: Carl C. Hansen - for Alexander w. Cameron - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted. Finance Director Connie Holloman responded to Councilmember Capretta's request asking when it would be known how the Village did during the last fiscal year that it was hoped the auditors report would be finished in January and could be presented to the Village Council at their February meeting. Ms. Holloman reported she believed she could provide the village Manager with a good indication by the second week in November. Village Manager Bradford stated that a Finance and Administration Committee meeting was needed shortly to answer the Audit Committee's questions and also to bring Code Enforcement Officer Irovando to that meeting to do a presentation. Councilmember Capretta commented that the Committee needed to know how the Village did on the items that had previously been a problem. XI. ADJOIIRNMENT Councilmember Mackail moved that the meeting be adjourned. Councilmember Capretta seconded the motion. The vote on the motion was: Carl C. Hansen - for Alexander w. Cameron - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted and the meeting VILLAGE COUNCIL MEETING MINUTES October 8, 1998 PAGE 16 --------------- was adjourned at 8:10 P.M. Respectfully submitted, Betty Laur Recording Secretary I~ ATTEST: ~~ -~. Joann Manganiel Village Clerk DATE APPROVED: ~~,i999 C: