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HomeMy WebLinkAboutMinutes_Regular_09/11/1997C] F tf v P ~-~ Gf ~A „~ ~; ~~ ', c 0 A~ - 4v Ch CO 4 VILLAGE OF TEQUESTA Yost Office i3ox 3273 3~? 'I'eyuesta Ih i~~~ Tequesta, Florida 33409-0273 661) ~7~~2(X) Fax: (7<1> ~?~-6203 VILLAGE OF TEQUESTA VILLAGE COUNCIL MEETING MINUTES SEPTEMBER 11, 1997 • 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, September 11, 1997. The meeting was called to order at 7:02 P.M. by Mayor Elizabeth A. Schauer. A roll call was taken by Betty Laur, Recording Secretary. Councilmembers present were: Mayor Elizabeth A. Schauer, 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. Vice Mayor Carl C. Hansen was absent from the meeting. II. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Ron T. Mackail gave the Invocation and led those in attendance in the Pledge of Allegiance to the American Flag. III. APPROVAL OF AGENDA Village Manager Bradford recommended that an asterisk be placed in front of agenda Item 11 (C) so that it would become a part of the consent agenda. village Manager Bradford requested addition under ANY OTHER MATTERS of a Resolution regarding sovereign lands. r: Councilmember Mackail made a motion to approve the Agenda as Kecpclcd Pa(~ca' . Village Council Meeting Minutes September 11, 1997 Page 2 ameaded. Couacilmember Cameron secoaded the motioa. The vote on the motion was: Elizabeth A. Schauer - for Alexander qP. Cameron - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted and the Agenda was approved as ameaded. IV. COb~iJNICATIONS FROM CITIZENS (NON-AGBNDA ITEMS) Joha Giba, suggested that publishing the village Council Meeting Agenda in the local newspaper might boost attendance • at village Council meetings since people would know when items they were interested in would be discussed. Mr. Giba suggested that a disclaimer such as"subject to change"could be used. Richard Berube, 4 Country Club Circle, commented that the village should not spend money on Country Club Drive until after the sewer issue was resolved. Mr. Berube stated that a month ago he had questioned the Village Council regarding what alternatives were being considered to creating a new reverse osmosis plant. Mr. Berube asked whether the Village Council was now able to comment on alternatives, to which Mayor Schauer responded that nothing had changed, so that comments could still not be made on this subject. Mr. Berube stated that he appreciated Mayor Schauer~s involvement in the Jupiter High School program whereby students must work in the community before they could graduate, which was a good program. Peggy verhoeven, Point Drive, commented regarding the tax hearings held in West Palm Beach that the County Commissioners were planning an 11~-12~ tax hike. Ms. verhoeven requested permission to distribute a list of items later in the meeting • village Council Meeting Minutes September il, 1997 Page 3 --------------- which could be shaved from the budget without hurting anything. Ms. verhoeven expressed agreement with Mr. Berube's comment that nothing should be done on Country Club Drive until the sewer issue was resolved. Ms. Verhoeven requested that the village Council do something about the Tequesta Preservation group. Paul Moran, 404 Dover Circle, explained that the opening of Blowing Rocks Preserve had been changed from 6 A.M. to 9 A.M. by the new Director, with no communication made to the Village. Mr. Moran stated that his family had enjoyed going there at dawn for the past three decades and that there was interest in the community to keep the earlier opening time. Mr. Moran requested that an article be published in Smoke Signals and that the Village Council ask the Director to reconsider his decision. Mayor Schauer requested that the • Village Manager contact the Director to ask him to reconsider. Ed Resnick, 342 Country Club Drive, requested that low-cost traffic calming devices be installed on Country Club Drive up to the area where sewers might be installed. Mr. Resnick requested that work toward traffic calming on Country Club Drive be continued, and not dropped because of the sewer issue. Mr. Resnick congratulated the Village on winning the water lawsuit. V. PUBLIC HEARINGS A) Resolution No. 39-96/97 - Approving the 1997/1998 Solid waste Collection Services Assessment Roll; and Adopting the Assessment Rates. tStaff Recoum~ends Approval) 1) Resolution Read by Title Village Attorney John C. Randolph read Resolution No. 39-96/97 by title only. • 2) Overview of Resolution • village Council Meeting Minutes September 11, 1997 Page 4 --------------- Bill C. Kascavelis, Director of Finance, explained that the Resolution provided for the continuation of the refuse and recycling non-ad valorem assessment and the assessments had been increased to include a 2~ cost for Nichols Sanitation as well as additional expenses not recovered in the previous year. Finance Director Kascavelis announced the new rates of $146.28 for single family homes and $113.16 for multifamily homes, making the total to be collected $324,300; and explained that early payment of taxes would result in a discounted amount. 3) village Council and Public Comments There were no comments from the Village Council. • Peggy verhoeven commented in regard to the County tax increase that people should call John Early who was with Tax Reduction Task Force at 793-7451 and that she had additional material on this subject and could be reached at 743-2556. Mrs. Verhoeven thanked the Jupiter Courier for their coverage. 4) Motion to Adopt/Reject Resolution Councilmember Cameron made a motion to approve Resolution 39-96/97. Councilmember Mackail seconded the motion. The vote on the motion was: Elizabeth A. Schauer - for Alexander ~v. Cameron - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted. B) Resolution No. 40-96/97 - Approving the 1997/1998 • Stormwater Utility Services Assessment Roll; and Adopting the Assessment Rates. (Staff Recommends Approval) • village Council Meeting Minutes September 11, 1997 Page 5 --------------- • Village Manager Bradford announced a correction in Section 2 line 2 of the Resolution, that the total amount of assessments should be changed to $217,054.80. 1) 2) Resolution Read by Title Village Attorney John C. Randolph read Resolution No. 40-96/97 by title only. Overview of Resolution Bill C. Kascavelis, Director of Finance, explained that this was the second year that the Stormwater Utility had existed and that improvements were currently being done on Seabrook Road. Rates would be increased over the current year by 10~. Mr. Kascavelis announced the following rates: Single Family Homes: Small Medium Large Condos Multifamily . Commercial/Industrial 3) . $43.61 67.56 87.83 45.27 56.75 $5.63 x 12 months x Impervious area Total assessment was therefore $217,054.80, to which the early tax payment discount would apply. Village Council and Public Comments Councilmember Cameron commented that since this was another unfunded Federal mandate that the Village had no choice but to go along with this. There were no comments from the public. • 4) Motion to Adopt/Reject Resolution Village Council Meeting Minutes September 11, 1997 Page 6 --------------- Councilmember Mackail made a motion to approve Resolution 40-96/97. Couacilmember Capretta seconded the motion. The vote oa the motion was: Elizabeth A. Schauer - for Alexander N. Cameron - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted. C) Review of Proposed Village General Fund, Improvement Bond Revenue Fund, Community Development Special Revenue Fund, Capital Improvement Fund, Bond Construction Fuad, DQater Enterprise Fund, Refuse & Recycling Enterprise Fund, Stormwater Utility Enterprise Fund, and Special Law • Enforcement Trust Fund for Fiscal Year 1997/1998. 1) Announcement of village of Tequesta Proposed Millage Rate (6.6310) and Percent (4.99) by which the Proposed Millage Rate Exceeds the Rolled-Sack Millage Rate (6.3160) Village Manager Bradford announced that the General Fund was the only fund of the Village which operates on ad-valorem property tax revenues, and that the Village of Tequesta's Proposed Millage Rate was 6.6310, or an increase of 2.5$. The Percent by which the Proposed Millage Rate Exceeds the Rolled-Back Millage Rate of 6.3160 was 4.99. Village Manager Bradford explained that the Rolled- Bank Rate was the rate which would raise the exact amount raised during the previous year. 2) General Fuad Total General Fund Revenues were $4,582,204 of • which $2,364,227 was derived from property taxes. The General Fund consists of various accounts. • Village Council Meeting Minutes September 11, 1997 Page 7 --------------- Expenditures proposed for Village Council was $20,210; Village Managers Office $253,305; Personnel $60,879; Clerk's Office $31,325; Finance $210,530; Legal Services $100,000; Other General Government Services $298,890. Police Department: Administrative $288,135; Communications $211,554; Code Compliance $80,686; Investigative $85,763; Patrol $861,356; for total Police Department Expenditures of $1,527,494. Civil Preparation Emergency Disaster Relief Operating Expenses were $7,825. Fire Rescue $960,020; EMS $204,615; EMS Transportation $42,070, making total Fire Rescue expenditures $1,206,705. Public Works Department: Total Expenditures $478,736; Health Services $4,850; Parks and Recreation $230,013. A starting and ending General Fund Balance of $710,822 was • proposed. 3) Improvement Bond Revenue Fund Village Manager Bradford explained that the Improvement Bond Revenue Fund accounted for the revenues of the village pledged to pay off the 1993 Village Bond Issue. Total revenues of the fund were $472,210; total expenditures of the fund were $487,390, and proposed fund balance was $6,622. 4) Community Development Special Revenue Fuad village Manager Bradford explained that the Community Development Special Revenue Fund was the Building Department's Fund and had total revenues of $284,405 with a fund balance of $319,385. Expenditures of the Department were Comprehensive Planning Division $57,530; Building Division $173,632; Inspection Division $37,395; resulting a total of $268,557. • 5) Capital Improvement Fund • village Council Meeting Minutes September 11, 1997 Page 8 --------------- The Village Manager explained that the Capital Improvement Fund was set up for revenue and expenditures associated with major capital expenditures. Proposed revenues were $177,000; Estimated Fund Balance $90,775; Expenditures existed of annual paving project $43,800; Eastwinds Landing Roadway Repair $5,000; Seabrook Road Streetscape from Tequesta Drive to approximately Willow Road $30,000; County Line Road sign at U.S. One entrance $25,000; and Country Club Drive landscape architect design fee $25,000. Total proposed expenditures were therefore $128,800. 6) Boad Construction Fund • Bond Construction Fund revenues from Barnett Bank letter of credit proceeds were estimated at $350,000. Expenditures for project design for Public Safety Facilities was anticipated to be $175,000, and other technical services $165,000, for a total of $350,000. 7) water Enterprise Fund Village Manager Bradford reviewed the Water Enterprise Fund: Total Revenues, including Bond Sale proceeds estimated for Reverse Osmosis, $11,052,900. Operating expenses of the water Enterprise Fund for Pumping and Storage was $1,358,777; Distribution Division $328,148; Office and Administration $707,560, making Total Operating Expenses $2,394,486. The Sinking Fund estimated for debt service for the RO was $545,234. Renewal and Replacement account $51,800; Capital Improvement Fund $19,400; Retained Earnings $52,600; Bond Construction Fund for Reverse Osmosis • was estimated at $4,805,000; resulting in a total Capital outlay $4,928,800. Aid to Community • village Couacil Meeting Miautes September 11, 1997 Page 9 --------------- Organizations was proposed at $10,000; Interfund Transfers of $215,000, so that Total Water Enterprise Expenditures were estimated to be $8,093,520. 8) Refuse & Recycling Enterprise Fund i) Single-Family Home Solid vPaste Collection Services Assessment - $146.28 ii) Multi-Family Home Solid waste Collection Services Assessment - $113.16 Village Manager Bradford explained that the Refuse & Recycling Enterprise Fund was where non-ad valorem assessments, franchise fees, and interest income were received and that the total was • estimated at $337,750. Expenditures were to Nichols Sanitation ($308,000), and miscellaneous costs, for a proposed total of $338,180. 9) Stormwater Utility Enterprise Fund i) Equivalent Residential Unit Assessment $67.56 The village Manager explained that the Stormwater Utility Enterprise Fund total expenditures were estimated at $220,300; and total expenses were estimated at $239,255. The major project contemplated for the next fiscal year was the Tequesta Drive Drainage Diversion Project which would extend from Seabrook Road to the Tequesta Drive Bridge. Federal Government funds for this project through the Community Development Block Grant were anticipated in the amount of $121,000. A Village-wide drainage study was also planned. Estimated fund balance at the • end of the fiscal year was anticipated to be $20,465. • village Council Meeting Minutes September 11, 1997 Page 10 --------------- 10) Special Law Enforcement Trust Fund The Special Law Enforcement Trust Fund, from which no funds could be drawn except by special request of the Police Chief and Village Council approval, totaled $4,875. 11) Village Council Comments During comments by the village Councilmembers, Councilmember Mackail commented that looking at fund balances as of the end of the year, they all seemed very consistent except for a reduction in the Improvement Bond Revenue Fund. Finance Director Kascavelis explained that payment for projects approved by the Village Council during the • year had come from that fund. Finance Director Kascavelis reported that next year the assessed value of village properties would exceed the $400,000,000 goal of the village, which would help with debt. After further discussion, Councilmember Mackail commended staff for their good work in handling the finances of the Village. 12) Public Comments There were no comments by the public. 13) Adoption of Proposed Millage Rate: Ordinance - First Reading - Providing for Levying a Millage Rate of $6.6310 per $1,000.00 of Taxable Valuation for the Fiscal Year 1997/1998; Providing an Effective Date. (Staff Recommends Approval) village Attorney Randolph read the above Ordinance by title only on First Reading. There were no • comments from the public. • Village Council Meeting Minutes September 11, 1997 Page 11 --------------- Councilmember biackail made a motion to adopt the above Ordinance providing for Levying a Millage Rate of $6.6310 per $1,000.00 of Taxable Valuation for the Fiscal Year 1997/1998, with a Rolled Back Rate of $6.3160. Couacilmember Capretta seconded the motion. The vote on the motion was: Elizabeth A. Schauer - for Alexander N. Cameron - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted. 14) Adoption of Tentative Village Budgets: Ordinance - First Reading - Providing for the Adoption of the Budgets for the Fiscal Year Commencing October 1, 1997; Providing an Effective Date. (Staff Recommends Approval) Village Attorney Randolph read the above Ordinance by title only on First Reading. There were no comments from the public. Couacilmember Cameros made a motion to adopt the above Ordinance providing for the Adoption of the Budgets for the Fiscal Year Commencing October 1, 1997. Couacilmember Capretta seconded the motion. The vote on the motion was: Elizabeth A. Schauer - for Alexander N. Cameron - for Joseph N. Capretta - for Roa T. Mackail - for The motion was therefore passed and adopted. • 15) Announcement of Date, Time & Place of Fiaal Budget Hearing • Village Council Meeting Mfautes September 11, 1997 Page 12 --------------- Mayor Schauer announced that the Final Budget Hearing would be held September 23, 1997 at 7 P.M. in the Village Council Chambers at 357 Tequesta Drive, Tequesta, Florida. D) Zoning variance Request for vIP Properties, 110 Bridge Road, for Minimum Side Yard Setback Requirement, to Allow for the Closing In of as Existing Drive-Thru Canopy with walls, with a Side Yard Setback of 8.831, in Lieu of 10' Setback, as Required by Code. Andrew Russo, Owner & Agent, Applicant. (A QIIASI-JUDIC2AL SIsARiNQr) 1) Swearing-Ia of witnesses, if Required. village Clerk Manganiello conducted the swearing-in of witnesses Randolph Hanson, 399 North Cypress Drive, Tequesta; Andrew Russo, 110 Bridge Road, Tequesta; and Building Official Scott D. Ladd. 2) Disclosure of Sx-Parte Communications A poll of the Village Councilmembers disclosed no ex-parte communications. 3) Testimony of witnesses and Cross Examination, if Any. Building Official Ladd provided background for the variance request. Mr. Ladd explained that the variance was sought for the former drive-through canopy area of the bank building at 110 Bridge Road purchased by Mr. Russo for his real estate office. Mr. Russo's desire was to close in the drive- through area with walls, which would require a variance to the east side setback of the existing structure. • Andrew Russo commented that he did not want to increase the size of the structure. Village Council Meeting Minutes September 11, 1997 Page 13 Councilmember Cameron inquired as to the status of Landscape Ordinance 377 compliance for this property. Mr. Ladd stated that he believed it had complied. Mr. Ladd explained that Mr. Russo would do additional landscaping around the new walls in accordance with Ordinance 377. 4) Finding of Fact Based Upon Competent, Substantial Evidence: a) Motion to Approve/Deny variance Request Couacilmember Mackail made a motion to approve the Zoning variance Request for viP Properties, 110 Bridge Road, for Minimum Side Yard Setback Requirement, to Allow for the Closing Ia of an Existing Drive-Thru Canopy with walls, with a Side Yard Setback of 8.831, is Lieu of 10' Setback, as Required by Code. Councilmember Capretta seconded the motion. The vote on the motion was: 8lizabeth A. Schauer - for Alexander w. Cameron - for Joseph N. Capretta - for Ron T. biackail - for The motion was therefore passed and adopted. VI. PRESENTATIONS AND PROCLAMATIONS A) Proclamation Declaring the Meek of September 17-23, 1997, as Constitution week is the village of Tequesta. Councilmember Mackail made a motion to approve the Proclamation Declaring the week of September 17-23, 1997, as Constitution week is the village of Tequesta. Couacilmember Cameros seconded the motion. The vote on . village Council Meeting Minutes September 11, 1997 Page 14 --------------- the motioa was: Elizabeth A. Schauer - for Alexander ~P. Cameron - for Joseph N. Capretta - for Ron T. Mackail - for The motioa was therefore passed sad adopted. B) Proclamation Declaring September as Literacy Month is the Village of Tequesta. Couacilmember Mackail made a motioa to approve the Proclamation Declaring September as Literacy Month in the village of Tequesta. Councilmember Capretta seconded the motion. The vote oa the motion was: • Elizabeth A. Schauer - for Alexander N. Cameros - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed sad adopted. VII. 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. VIII. APPROVAL OF MINUTES AND REPORTS *A) Board of Adjustment; June 16, 1997 • *B) Tree Board, July 16, 1997 *C) Village Council Meeting; August 14, 1997 . village Council Meeting Minutes September 11, 1997 Page 15 --------------- *D) Special Village Council Meeting; August 25, 1997 *E1 Village Managers Report; August 11, 1997 - September 5, 1997 IX . NEW BUSINESS *A) Consideration of Bid Award to Jack Ethridge Tank Company, Inc. , of Bryceville, Florida, in the Amount of $9,450.00 for the Removal of One (1) 500, 000 Gallon Steel Water Storage Tank Located at 357 Tequesta Drive. Funding w be Provided by the Water Enterprise Fund, Retained Earnings Account, Having a FY 96/97 Line Item Budget Amount of $12,000. (Staff Recommends Approval) • *B} Consideration of Bid Award to County Contractor Best Striping, Inc., of Loxahatchee, Florida, for Annual Roadway Striping, in the Amount of $19,160.13, Having a FY 9 6/9 7 Public Works Contractual Services Fund Balance of $25,491. (Staff Recommends Approval) *C) Consideration of Twenty-Six (26) Impact Fee Refund Requests, per Village of Tequesta Resolution No. 3-95/96. (Staff Recommends Approval) 1) SunCo Building Corporation Lot 1 - Lot 26, Tequesta Oaks Subdivision $425.32 per Lot x 26 = $11,058.32 *D) Consideration of Designation of Village of Tequesta Property (Furniture, Equipment, Vehicle, Miscellaneous) as Surplus, Pursuant to Section 3.02 (8) of the Village Charter. • (Staff Recommends Approval) • village Council Meeting Minutes September 11, 1997 Page 16 --------------- Motion was made by Couacilmember Cameros to approve the Consent Agenda as presented. The motion was seconded by Couacilmember Mackail. The vote on the motion was: Elizabeth A. Schauer - for Alexander W. Cameron - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted and the Consent Agenda was approved as presented. IX. COMMITTEE REPORTS A) Public Safety Cou~mittee; August 1, 1997 Village Manager Bradford reported that at this meeting proposed traffic calming devices for Country Club Drive had been reviewed. At the previous meeting of this Committee, the Committee had requested that staff have the Civil Engineer propose locations where different traffic calming devices could be installed. Harry Benoit of Gee and Jenson therefore provided a presentation of locations. Mr. Benoit provided a handout and pointed out on a map locations where he indicated the calming devices could be effective. A chicane was suggested approximately 700 from Tequesta Drive along the straightaway area; a traffic island was suggested for just beyond Bimini Road a modified T intersection was suggested at Tradewinds Circle and Country Club Drive intersection; a T intersection was suggested at Tequesta Circle; a 4-way stop was suggested at the North Place intersection with Country Club Drive; a traffic island midway between North Place and the County Line; and to look at modifications to the existing island at the • County Line. After reviewing estimated costs of the different alternatives, and discussion of delaying • Village Council ~eetiag Minutes September 11, 1997 Page 17 --------------- installation in certain areas until the sewer issue was resolved, the Committee recommended that the Village Council develop a plan for a 4-way stop at the Turtle Creek North Gate Entrance (North Place intersection), look at the cost of increasing the roundabout at the County Line, and to obtain a report from Police Chief Allison regarding other roads within the Village which would benefit from traffic calming. Village Manager Bradford reported that the work on the 4-way stop had been completed, and the Engineer s report indicated that the 4-way stop could be installed for approximately $1,000. The cost of increasing the roundabout at the County Line was estimated to be from $30,000 to $50,000 depending on whether both sides were widened; however, the Engineer had reported that the cost of widening the island for the benefit to be gained was not justifiable • because of right-of-way constraints. Traffic survey graph formats had been reviewed by the Committee. The Committee picked the format they liked and requested that traffic volume and speed information be collected monthly and reported to the Committee quarterly. The Committee also reviewed a Police Department public relations plan. Councilmember Cameron stated that he believed there had been a discussion which he did not see in the minutes wherein the Committee had suggested that the Village Council take a position on what they will or will not do on Country Club Drive, and that he would like to do so. Councilmember Cameron suggested that the village Council take a position on Country Club Drive that the Village Council will not close Country Club Drive or permit anyone else to close Country Club Drive; that the Village Council will not one-way Country Club Drive or • permit anyone else to one-way Country Club Drive; that the Village Council will not gate Country Club Drive or • Village Council meeting Minutes September 11, 1997 Page 18 --------------- permit anyone else to gate Country Club Drive; that the Village Council will not 4-lane Country Club Drive or permit anyone else to 4-lane Country Club Drive; and that the Village Council will consider installing additional traffic calming devices reasonably parallel with the possible sewer construction. Councilmember Cameron suggested that this be made as a statement from the village Council as to their intentions. Councilmember Capretta commented that the items in the proposed statement had probably been the village Council s position all along, but had never been formally stated or voted upon. Councilmember Capretta suggested that at the next Public Safety Committee meeting discussion be held regarding whether to keep or withdraw the Safe Neighborhood Act, since the actions of the • Tequesta Preservation organization had caused concern for many residents. Councilmember Capretta recommended that the Public Safety Committee clarify the position on Country Club Drive as suggested by Councilmember Cameron and also consider rescinding the Safe Neighborhood Act. Councilmember Mackail questioned the status of compliance for Country Club Drive with the State of Florida and Department of Community Affairs, to which Village Manager Bradford responded that the Administrative Law Judge had ruled in favor of the Village and Palm Beach County in an administrative hearing regarding the Jupiter Comprehensive Plan relating to Longshore and North Fork Drive. village Manager Bradford stated that the village was in compliance with DCA requirements for Country Club Drive. village Manager Bradford also responded that the final outcome of the Roadway Mediation had been that an accord was developed by the stakeholders and the governments which recommended formation of a joint planning agency, which Tequesta and Palm Beach County had approved but which Jupiter had rejected. Councilmember • Mackail inquired whether the village Manager foresaw any adversarial position from adopting Councilmember • village Couacil Meeting Miautes September 11, 1997 Page 19 --------------- Cameron's proposed statement. Village Manager Bradford stated that he foresaw no negative effect, and explained that the Village could always reverse any position taken. Councilmember Mackail stated that the original intent of the Safe Neighborhood Act adoption had been to put everyone on notice, but that it had created problems for the residents. Councilmember Capretta stated that the traffic problem with Country Club Drive had existed for many years, and the Village had been very patient in trying to f ind a solution to the problem. One idea for a solution had been the Roadway Mediation, out of which had come Commissioner Marcus' suggestion for the Western Corridor. Councilmember Capretta commented that Tequesta must take care of itself and do what is best for the Village by • minimizing the traffic problem, since most of the meetings with other municipalities had resulted in nothing. Councilmember Capretta stated that the Village would install traffic calming devices where they were believed to be beneficial and cost effective, and that the only traffic calming device that the Village was interested in proceeding with at present was at Turtle Creek and the north gate. Councilmember Capretta commented on the way traffic patterns were changing, indicating the heavy traffic on Village Boulevard. Councilmember Capretta stated that he believed the Public Safety Committee should make a recommendation to the Village Council to proceed with the principles suggested by Councilmember Cameron as well as rescinding the Safe Neighborhood Act, and should also state the Village's support of the mediator's recommendations. Mayor Schauer reviewed the recommendations made by Councilmember Cameron, not to close, one-way, gate or 4- lane Country Club Drive and to look into traffic calming devices after ENCON issues had been settled. • Councilmember Cameron stated that his recommendations included that the village would not allow anyone else to • Village Council Meeting Minutes September 11, 1997 Page 20 --------------- close, one-way, gate or 4-lane Country Club Drive, which was what would make the Tequesta Preservation Association a non-entity. Mayor Schauer stated that Councilmember Capretta had recommended that the Public Safety Committee also look into elimination of the Safe Neighborhood Act. Mayor Schauer clarified that the village Council still wished to hold an evening workshop with a presentation by Mr. Lockwood regarding traffic calming devices. Pat Hartley, Country Club Drive, stated that all of the recommendations discussed had been previously made by the Country Club Drive Task Force, and that action had not been taken on their recommendations. Councilmember Capretta recommended that this matter be discussed at the Public Safety Committee meeting. • John Giba disagreed with Councilmember Capretta's comment regarding doing what was good for the Village in regard to traffic problems, since he believed the problem to be regional, and that it would never be solved by acting alone. Mr. Giba expressed his opinion that the Village did not need the Safe Neighborhood Act. Richard Berube thanked the Village Council for taking a stand on Country Club Drive. Motion was made by Councilmember Mackail to approve the August 1, 1997 Public Safety Committee meeting report. Couacilmember Cameron requested that the minutes be amended to include discussion regarding taking a stand on Country Club Drive issues, to which Mayor Schauer responded that she believed discussion had taken place at the August Village Council meeting after that meeting had been adjourned. The motion was seconded by Couacilmember Cameron. The vote oa the motion was: Elizabeth A. Schauer - for • Alexander N. Cameron - for Joseph N. Capretta - for . Village Council Meeting Minutes September 11, 1997 Page 21 --------------- Ron T. Mackail - for The motion was therefore passed and adopted. X. DEVELOPb~NT MATTERS A) Landscape Ordinance No. 377 Plan Review; Landscape Plaa Submittal; Tequesta Commerce Center; 208 - 212 U.S. Highway Oae North. Rood Landscape, Landscape Architect. Building Official Scott D. Ladd reported that the Community Appearance Board had made only two requests of this applicant, which were to remove the Brazilian Pepper and install thirteen 12' East Palatka Holly trees spaced among the Oaks. Mr. Ladd reported that landscaping would • be increased by one percentage point. The applicant was not present and was not represented by anyone present. Nlr. Ladd advised that the village Council could proceed if they desired. Councilmember Cameron expressed his opinion that the applicant had made a reasonable effort and that the property was not highly visible. Peggy Verhoeven expressed concern regarding the Brazilian Pepper, and was told that was to be removed. Motion was made by Couacilmember Mackail to approve the Landscape Ordinance No. 377 P1aa Review and Landscape Plan Submittal for Tequesta Commerce Center, 208 - 212 U.S. Highway One North. The motion was seconded by Councilmember Cameron. The vote on the motion was: Elizabeth A. Schauer - for Alexander w. Cameron - for Joseph N. Capretta - for Ron T. Mackail - for . The motion was therefore passed and adopted. • village council Meeting Minutes September 11, 1997 Page 22 --------------- B) Landscape Ordinance No. 377 Plan Review; Landscape Plan Submittal; Bridge Road Shops, 120 - 134 Bridge Road. George Gentile ~ Associates, Landscape Architect. Building Official Scott D. Ladd reported that the Community Appearance Board had requested three items and another item had been added by water Department Manager Tom Hall, which was an ingress/egress access easement which the village needed in order to gain access to the new Public Works Facility. George Gentile, George Gentile and Associates, Landscape Architect, responded to Councilmember Cameron that the percentage of native plants was 86~ as shown on the plans, with 60$ required. • Motion was made by Couacilmember Mackail to approve the Landscape Ordinance No. 377 Plaa Review sad Landscape Plan Submittal for Bridge Road Shops, 120 - 134 Bridge Road, subject to the comments made by the Community Appearance Board and to Mr. Halls request for resolution of the Ingress/Egress Access Easement. The motion was seconded by Councilmember Capretta. The vote oa the motion was: Elizabeth A. Schauer - for Alexander W. Cameros - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed sad adopted. C) Modified Site Plan Review for viP Properties, 110 Bridge Road, to Iafill Existing Drive-Thru From Previous Bask to Create Additional Office Space. Andrew Russo, Property Owner, Applicant. . Building Official Scott D. Ladd explained that this was the site plan review for the property on which the • village Council Meeting Minutes September 11, 1997 Page 23 --------------- Village Council had granted a variance earlier in this meeting. Randall Hanson, Architect, was present representing the applicant. Mr. Ladd explained the site plan was to enclose the existing drive-through with three walls. Motion was made by Councilmember Mackail to approve the Modified Site Plan for VIP Properties, 110 Bridge Road. The motion was seconded by Councilmember Cameros. The vote oa the motion was: Elizabeth A. Schauer - for Alexander N. Cameros - for Joseph N. Capretta - for Ron T. Mackail - for • The motion was therefore passed and adopted. D) Modified Site Plan for Lisbon Restaurant & Grille, 560 U.S. Highway Oae North, for 6' x 16' Nalk-Ia Cooler. Lisboa Restaurant & Grille, Applicant. Building Official Scott D. Ladd advised that the restaurant was allowed as a permitted use and the reason it was before the Village Council was because the applicant desired to place the cooler outside at the rear of the building, rather than inside. Mr. Vincent Florentino, owner, was present with his Architect, Mr. Rudy Arsenicos. Mr. Ladd verified that this would not set a precedent since there were numerous cases of outdoor coolers in the Village. Village Manager Bradford inquired as to the finish of the cooler. Mr. Arsenicos provided photographs of coolers located behind Winn-Dixie. and advised that if the Village had a preference as to the finish that the applicant would provide it. Fire Chief Weinand verified that Mr. • Arsenicos had met with Fire Department personnel regarding the fire lines. Mr. Arsenicos verified for • Village Council Meeting Minutes September 11, 1997 Page 24 --------------- the Village Council the exact location of the cooler. Mayor Schauer commented that the cooler would not be noticeable to someone driving on Village Boulevard unless they were looking for it. The owner stated that the new restaurant would serve Portugese and Brazilian food. Motion was made by Couacilmember Cameron to approve the Modified Site Plan for Lisbon Restaurant & Grille, 560 U.S. Highway One North. The motion was seconded by Councilmember Capretta. The vote on the motion was: Elizabeth A. Schauer - for Alexander v~. Cameron - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted. E) Modified Site Plan Review for Jupiter Inlet Natural Area, II.S. Highway Oae & S.R. 707, for the Installation of Perimeter Fencing with Main Entrance Gate, Posted Signs (2.25' x 6.50'), Maia Entrance Sign, and Site Identification Sign. Applicant: IISDI/Bureau of Land Management. Palm Beach County Department of Environmental Resources Management, for Applicant. Building Official Scott D. Ladd explained that this was a request from another government agency to do minor modifications to the approximately 50-acre site lying east of U.S. One and north of Beach Road (S.R. 707). Mr. Ladd explained that different types of fencing was desired in different locations, and signage was requested. Faye Winters, Bureau of Land Management, Jackson, Mississippi, and Bob Dice, Palm Beach County Department of Environmental Resources, were present at the meeting. • Ms. Winters explained that this was a joint application since although the Bureau of Land Management managed the village Council Meeting Minutes September 11, 1997 Page 25 --------------- property they had signed a cooperative agreement last April with Palm Beach County so that they now provided a local presence and funding for the management plan for the area. Village Manager Bradford inquired regarding the reason for different types of fencing in different areas, to which Ms. Winters responded that the intent had been to provide a symbolic fence along U.S. One and State Road 707 just to identify the area as a managed area. Behind the gas station where there had been problems with people accessing the property and camping, a chain-link fence was desired, which was a type of fencing consistent with Palm Beach County property. Coconut Cove residents had expressed concern that they were not happy with a chain-link fence behind their community, and as a compromise a post and rail fence with wire mesh behind it was planned for that location. • Motion was made by Councilmember Mackail to approve the Modified Site Plan for Jupiter islet Natural Area, U.S. 8ighway Oae and S.R. 707, for the Iastallatioa of Perimeter Fencing with Main Entrance Gate, Posted Signs (2.25' x 6.50'), Main Entrance Siga, and Site Identification Siga. The motion was seconded by Couacilmember Capretta. The vote oa the motion was: Elizabeth A. Schauer - for Alexander W. Cameron - for Joseph N. Capretta - for Roa T. Mackail - for The motion was therefore passed sad adopted. X. NEW BUSINESS E) Ordinance - First Reading - Amending Chapter 6 of the Code of Ordinances, Buildings and Building Regulations . Article vIII, Permit Fees, Section 6-142, Permit Fees-- Buildiags sad Other Structures, by amending paragraphs • Village Council Meeting Minutes September 11, 1997 Page 26 --------------- (a) and (e) and by adding a new paragraph (L); amending Section 6-143, Plumbing, by amending paragraph (1), (6), (8), and (16) amending Section 6-144, Electricity, by amending paragraph (a), (c), (d), (e) 1 and 3, (g), and (~); amending Section 6-145, Air Conditioning, by amending paragraph (1); amending Section 6-146, Gas, by amending paragraph (a); Providing for Severability, Providing for Repeal of Ordina,aces in Conflict; Providing for Codification; Providing an Effective Date. (Staff Recommends Approval) Mayor Schauer read the above Ordinance by Title on First Reading. village Manager Bradford explained that this Ordinance would bring about the first fee increases in nine years • in the Department of Community Development. Each fee increase was based upon surveys of fees in nearby municipalities and the fees were an average of the others. village Manager Bradford explained that this Ordinance was anticipated to generate $20,000, which had been included in the budget. Couacilmember Mackail made a motion to approve the above Ordinance on First Reading by title only. Couacilmember Cameron seconded the motion. The vote on the motion was: Elizabeth A. Schauer - for Alexander DQ. Cameron - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted. F) Resolution No. 41-96/97 - Terminating the Trust Joinder Agreement between the Village of Tequesta and the Board of Trustees of the Florida Mhnicipal Peasioa Trust Fuad. • (Staff Recommends Approval) • village Couacil Meeting Minutes September 11, 1997 Page 27 --------------- Village Manager Bradford explained that the Board of Trustees of the Employees Pension Trust Fund desired to secure the services of Gabriel Roeder Smith & Company primarily to use the actuarial services provided by Mr. Stephen Palmquist. In order to accommodate the desires of the Board of Trustees it was necessary to terminate the present agreement with the Board of Trustees of the Florida Municipal Pension Trust Fund. village Attorney Randolph read Resolution No. 41-96/97 by title only. Councilmember Mackail made a motion to approve Resolution 41-96/97. Councilmember Cameros seconded the motion. The vote on the motion was: • Elizabeth A. Schauer - for Alexander ~v. Cameros - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted. XII. ANY OTHER MATTERS village Manager Bradford explained that the Village was in the process of securing a permit for the discharge line for the reverse osmosis byproduct from the treatment plan anticipated to be constructed on Old Dixie Highway. This discharge line is to be located on submerged lands underneath the waters of the Loxahatchee River east of the U.S. Highway One Bridge. In order to use those State-owned submerged lands, a standard Sovereign Submerged Lands Use Agreement must be executed by the village, stating that the village must relocate the line if requested by them, that the village must abide by their requirements, etc. Mr. Bradford explained that consideration • of acceptance of this agreement had been omitted from the agenda; however, since the next Village Council meeting would • village Council Meeting Minutes September 11, 1997 Page 28 --------------- be only two days before the deadline staff was requesting consideration at tonight's meeting of adoption of Resolution 42-96/97 which would approve the Submerged Lands Use Agreement for the discharge land and authorize Mayor Schauer to sign the agreement on behalf of the Village. Couacilmember Cameron made a motion to approve Resolution 42- 96/97. Councilmember Capretta seconded the motion. Discussion of the motion ensued. Councilmember Mackail questioned whether there would be as adversarial benefit to the Village if the State requested the discharge line to be moved, to which village Manager Bradford responded affirmatively and stated that is such a case the Village would have nowhere to place the lice. DPater Department Manager Tom Hall explained that there was a fee associated with this • agreement and that DLP was being contacted to determine the fee amount, which was anticipated to be possibly $5,000 - $6,000, which had not bees budgeted. Couacilmember Mackail questioned whether Jupiter had a permit to discharge reverse osmosis byproduct, to which village Manager Bradford responded that had bees the case but he believed they now had a permit. Councilmember Mackail commented that he just wanted to bring out about what would happen if the Village was requested to move the line, and stated that he saw no reason for the State to make such a request other than based on the flow through the line. Mr. Hall advised that background studies were in process at that location for ingoing and outgoing tide. Village Attorney John C. Randolph read Resolution 41-96/97 by title only. The vote oa the motion was: Elizabeth A. Schauer - for Alexander 9~. Cameron - for Joseph N. Capretta - for . Ron T. Mackail - for • village Council Meeting Minutes September 11, 1997 Page 29 --------------- The motion was therefore passed and adopted. Joe Hall commented regarding the discussion about repealing the Safe Neighborhood Act that it appeared to him by the Village withdrawing the Act that the Village would be falling into the hands of Martin County since that was what they wanted. Mr. Hall stated that he did not support closing or one-waying the road but did support traffic calming devices. Mr. Hall stated that he saw no reason not to continue with the Safe Neighborhood Act, which had sufficient checks and balances. Mr. Hall expressed his opinion that the Village was panicking because of all the commotion caused by the Tequesta Preservation Association to close the road, and that the Village might someday need the Safe Neighborhood Act and should leave it in place. • Peggy Verhoeven disagreed with Mr. Halls comments and commented that the Village should not allow the Tequesta Preservation group to embarrass the village further. Mrs. Verhoeven expressed her opinion that if the Safe Neighborhood Act was repealed that it could be brought back if needed in the future. Mrs. Verhoeven also stated she was sorry that Jupiter had reneged on the mediation agreement. XIII.ADJOURNMENT Couacilmember Mackail moved that the meeting be adjourned. Councilmember Capretta secoaded the motion. The vote on the motion was: Rlizabeth A. Schauer - for Alexander W. Cameros - for Joseph N. Capretta - for Ron T. Mackail - for the motioa was therefore passed sad adopted aad the meeting • was adjourned at 8:59 P.M. village Council Meeting Minutes September 11, 1997 Page 30 --------------- Respectfully submitted, .~- Betty Laur Recording Secretary ATTEST: Joann Manganie o Village Clerk DATE APPROVED: a3 , i99~ •