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HomeMy WebLinkAboutMinutes_Regular_06/12/1997n U F Tf ~ ~ ~ Gf s~ ~J 9 ~'~ f ~ ~' O A 4v FgCN CO + VILLAGE OF TEQUESTA Pos[ Office I3oY 3273 35? ~I'eyucsta l~ri~~e Tequetita, Florida 33469-02,3 ( 761 ) ~~-62(K) Hax (~61) >i7-6203 VILLAGE OF TEQUESTA VILLAGE COUNCIL MEETING MINUTES JUNE 12, 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, June 12, 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, Vice Mayor Carl C. Hansen, 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. II. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Alexander W. Cameron gave the Invocation and led those in attendance in the Pledge of Allegiance to the American Flag. • III. APPROVAL OF AGENDA Village Manager Bradford explained that the engineer for the Felhabers had provided a letter requesting that the site plan review be pulled from the agenda in order to make significant site-related changes and therefore requested agenda item XI (C) be pulled since none of their representatives were present. Village Manager Bradford announced that in item VI (E) minutes of the Stormwater Utility Board had been inadvertently omitted from the packets for this meeting, therefore the Village Manager requested that those minutes be stricken from this agenda and assured the Village Council they would be provided at their next meeting. Village Manager Xen~cled Paper • village Council Meeting Miautes June 12, 1997 Page 2 --------------- Bradford requested addition of agenda item X (K) Announcement of Closed Door Attorney Client Session in regard to the Jupiter Water Rate Dispute (Village Attorney Randolph). Councilmember Capretta inquired when Mr. Felhaber would be present, to which the Village Manager responded they had indicated they would like to review their plans in accordance with the Development Review Committee` s recommendations and therefore it was staff's suggestion that they come before the Village Council at their July meeting. Village Manager Bradford explained that their application fee had not been paid. Mayor Schauer asked that Mr. Bradford inform Mr. Felhaber that if the fee was not received that they would not be placed on the agenda. Vice Mayor Hansen requested addition of discussion of annexation under ANY OTHER MATTERS. Mayor Schauer requested addition of discussion of the traffic • calming workshop held in Palm Beach under ANY OTHER MATTERS. 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 Alexander W. Cameron - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted and the Agenda was approved as amended. IV. COMMUNICATIONS FROM CITIZENS (NON-AGENDA ITEMS) Tom Beddows, 307 Tequesta Drive, explained that he was an interested party in regard to the proposed Safe Neighborhood District. Mr. Beddows commented that when he had lived on River Drive someone had come to his home with information on • the Tequesta Preservation Association which was a solicitation to join and also to contribute money. Mr. Beddows commented • village Council Meeting Minutes June 12, 1997 page 3 --------------- that these solicitation packets were inviting burglars by being left on doors of homes where residents were gone for the summer. Mr. Beddows explained that the solicitation had been up until that day in violation of Village ordinances banning solicitations such as this without a required permit. Mr. Beddows explained that it was his understanding that when this had been brought to the attention of the Police Department that day, the Tequesta Preservation Society had immediately been contacted and the solicitations had been stopped; and that the Tequesta Preservation Society had been informed that if they continued without a permit that they would be cited. Mr. Beddows stated these were the same people who claimed to know what was best for the entire Village and claimed they could run their own taxing district, and apparently they did not know that their actions were considered a misdemeanor. Mayor Schauer requested that the Village Manager write a letter to Mrs. August to request the results of the balloting and the status of her organization. Councilmember Mackail • stated he had no desire to learn those items since what she was doing had no bearing on the Village Council, however, he would like immediate action taken in regard to violation of the Village Ordinances. Councilmember Capretta suggested writing Mr. Buckwalter with the Jupiter Courier and get him to contact the organization and ask for the results of the balloting to be published in the newspaper. Since it was reported that Mr. Buckwalter was in jail for the American Cancer Society, it was suggested that Mr. Turner write the article. Councilmember Cameron had no comments, and Vice Mayor Hansen agreed with Councilmember Mackail that a letter should not be written. Therefore, Mayor Schauer withdrew her request for the letter. Tom Little, 486 Dover Road, asked whether the Village had any intentions of four-laving Tequesta Drive or Country Club Drive, to which Mayor Schauer responded, no. Mr. Little questioned whether any plans were known that the State intended to four-lane either road, to which Mayor Schauer responded, no. Mr. Little questioned whether on agenda items the Council would call for comments before or after the Village Council's discussions, to which Mayor Schauer responded that she would recognize members of the public when • a hand was raised. Mr. Little commented that citizens could call for a referendum on ordinances, and asked if that applied also to resolutions, to which Village Attorney Randolph • village Council Meeting Minutes June 12, 1997 Page 4 --------------- responded that there were no referendums on resolutions. Mr. Little questioned why items were brought before the Village Council that had been decided by unanimous vote of a committee made up of a majority of Village Councilmembers. Mr. Little questioned whether there was any credence to the rumor that the Village Manager had had discussions with the Town of Jupiter for the position of Village Manager, to which Mr. Bradford responded that was a rumor. Wade Griest, 494 Dover Road, reported that during 1992-1996 the Village had spent $239,136 on Country Club Drive and $257,656 on Tequesta Drive. Mr. Griest distributed information on the amounts spent to the Village Councilmembers. Peggy Virhoven, Point Drive, distributed information to the Village Council, referred to a specific item in the material, • and stated if it were not erroneous that she would like her tax money back. Ms. Virhoven complimented Village Clerk Manganiello on her writing for Smoke Signals, and Village Attorney Randolph for his points of law in regard to the ENCON lawsuit. Ms. Virhoven commented that she had permission to speak for Point Drive residents and others in regard to TCCPA's attempts to form a district that they would have no part of a district of any kind. Ms. Virhoven commented that it was her understanding the Director of the Chamber of Commerce was going to provide a resolution to the business people to be presented to the Village Council against closing or altering Country Club Drive in any way that would interfere with business. Ms. Virhoven commented people were now going to Martin County businesses. Ms. Virhoven commented that controls should enhance the quality of life rather than being imposed measures. Ms. Virhoven called for repeal of the enabling act. V. 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. • Village Council Meeting Minutes June 12, 1997 Page 5 --------------- The following items were listed on the Consent Agenda: VI. APPROVAL OF MINUTES AND REPORTS *A) Board of Adjustment; April 21, 1997 *B) Special Master Hearing; May 21, 1997 *C) Village Council Meeting; May 8, 1997 *D) Local Planning Agency; May 22, 1997 *E) Special Village Council Meeting; April 28, 1997 *F) Special Village Council Meeting; April 29, 1997 *G) Special Village Council Meeting; June 3, 1997 *H) Stormwater Utility Board; May 27, 1997 *I) Village Manager's Report; May 5, 1997 - June 6, 1997 VIII. APPOINTMENTS • *A) Consideration of Appointment of John R. Taylor to serve on the Board of Adjustment as an Alternate Member, with Two-year Term Expiring on June 13, 1999. (Staff Recommends Approval) X. NEW BUSINESS *F) Consideration of Request for Contribution/Donation in the Amount of $500.00 to Friends of the Loxahatchee River, Inc. For Reprinting of the Ri ver works Workbook. *H) Consideration of Bid Award to Hungerford & Terry, Inc., of Clayton, New Jersey, in the Amount of $11,226.50, for Filter Media Replacement at the Water Treatment Facility, with Funding Provided by the Water Enterprise Fund, Renewal & Replacement Account for Filter Media, Having a FY 97 Budget Balance of $23,340. (Staff Recommends Approval) *I) Consideration of Authorization for TLC Diversified • of West Palm Beach, Florida, to Perform Labor and Services Associates with Fetter Media Replacement at the Water Treatment Facility in the Amount of village Council Meeting Minutes June 12, 1997 Page 6 $7,470.00, with Funding Provided by the Water Department Enterprise Fund, System Maintenance Account, Having a FY 97 Fund Balance of $18,278.00 (Staff Recommends Approval) *J) Consideration of Impact Fee Refund Request, per Village of Tequesta Resolution No. 3-95/96, in the Amount of $149.72 to Richard E. Turgeon, General Contractor, Applicant. (Staff Recommends Approval) Motion was made by Vice Mayor Hansen to approve the Consent Agenda as presented. The motion was seconded by Councilmember Cameron. The vote on the motion was: • Elizabeth A. Schauer - for 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 Consent Agenda was approved as presented. VII. COMMITTEE REPORTS A) Redevelopment Committee; May 2, 1997 • Village Manager Bradford reported that at this meeting the Committee had reviewed the proposed project completion schedule for the Public Safety Facilities of the Village which constitutes a new Fire Rescue Facility and renovation of the present Village Hall to become a modern Police Facility. Numerous questions regarding the sequencing and phasing of the work ensued and the fact that certain operations would have to be housed in trailers or portables temporarily was discussed. It was suggested that usage of the North County Ambulance building be pursued as an interim place of operation. Councilmember Mackail had been in touch with Jupiter Hospital regarding that matter and to date had not been successful in arranging for usage of that property in • Village Council Meeting Minutes June 12, 1997 Page 7 --------------- light of the hospital's plans for the building. The Committee had reviewed the perc chart associated with the project. Village Manager Bradford explained that if all items on tonight's agenda were approved, the bid award was anticipated in approximately 12 to 13 months, with construction beginning in 13 to 14 months. Preliminary plans and cost estimates for renovation of the Tequesta Recreation Center as a temporary location for Village Council chambers during the construction of the Public Safety facilities was reviewed. Total cost of minimum improvements to make the Recreation Center viable as Village Council chambers as well as for the YMCA activities was $48,010. The Committee was made aware that to do the building right the cost would be in excess of $200,000. The Committee's decision was to move forward with the minimum improvements to provide an office, and upgrade the bathrooms to meet ADA requirements before the YMCA started operation of • recreation programs. The Committee also reviewed the Director of Finance's proposal for financing Phase I of the Public Safety Facilities. It was the opinion of the Director of Finance that revenues anticipated from new construction within the Village, including Cliveden Condominium, Sterling House, and Tequesta Oaks, would exceed the cost of the debt service necessary to expand the Public Safety facilities. The next item reviewed was the proposed Scope of Services contract with Gee & Jenson for the Public Safety facilities. This contract was a modification of the existing contract with Gee & Jenson and cost $208,000 for design of the new facilities. Additional work would come before the Village Council for consideration, such as design of a communications system, investigation to review existing conditions, review of hazardous materials such as lead paint, asbestos, and their removal, lightning protection, review of traffic light signaling, antenna design, and inventory of existing electrical communication equipment to be provided by Village Staff. The Committee reviewed that contract and recommended approval by the Village Council. Village Manager reported that those recommendations were on tonight's agenda as a result of the Committee's recommendations. • Councilmember Mackail made a motion to approve the report • village Council Meeting Minutes June 12, 1997 Page 8 --------------- of the Redevelopment Committee meeting of May 2, 1997. Vice Mayor Hansen seconded the motion. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Alexander W. Cameron - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted. B) Public Safety Committee; May 9, 1997 Village Manager Bradford reported that at this meeting traffic calming alternatives for Country Club Drive, such as speed humps, speed dots, chicanes, roundabouts, and T- • intersections were reviewed, as well as engineering reports relative to those devices. Tequesta's Traffic Engineer and Consultant had indicated that there were three basic ways to calm traffic related to street design, which were narrowing the pavement to calm traffic to reduce street width in order to reduce speed; deflecting the vehicle path by introducing horizontal changes in the alignment of the street, and deflecting the vertical profile through the use of speed humps and pavement textures. Village Manager Bradford reported that the Committee was very leery of speed humps for aesthetic reasons as well as the fact they were not convinced that speed humps actually worked. The Traffic Engineer indicated in his report that the speed humps installed on Loxahatchee River Road by Palm Beach County were a very good example of speed humps that did not work. The Committee recommended going forward with having the engineers recommend specific locations for each of the different traffic calming devices except for the speed hump, and to come back to the Committee with some recommendations for locations for those items. The Village Manager commented that these items were not inexpensive, so that if it were decided to install any of them that money would need to be found for those items. • Specific locations on Country Club Drive for installation of the traffic calming devices should be known within the • village Council Meeting Minutes June 12, 1997 Page 9 --------------- next thirty days. An outline of the proposed Public Safety Facilities fundraising event was reviewed. The Village, through the efforts of Mayor Schauer and a group of interested citizens, had secured the services of Tequesta resident Joe Namath to be the honorary Chairman for this event. The fundraiser was scheduled to be held at the Jupiter Beach Resort on January 31, 1998. Details of the outline for the event were reviewed. Establishment of a name for the fundraiser was discussed, with the intent behind the name to show the commonality between the residents of the Village and Jupiter Inlet Colony since the Colony would also benefit from the event as they are served by the Village Fire Rescue Department. The Committee authorized the Village Manager to write a $1,000 check to be deposited to reserve the January 31, 1998 date at Jupiter Beach Resort because there was competition from another • organization who wanted use of the facility that same day. Village Manager Bradford reported that the reservation had been made. Vice Mayor Hansen commented that the gala fundraiser seemed to be coming just when the money for the work would be needed. Mayor Schauer reported that Karen Flint, a professional fundraiser who was providing her services pro bono as a Tequesta resident, was hard at work on different aspects of the fundraiser. Councilmember Cameron commented that there had also been discussion of installing some of the traffic calming devices on Tequesta Drive, although no specific action regarding same had been taken. Councilmember Capretta reminded those present that the fundamental problem regarding traffic was the new construction in South Martin County and Jupiter which created additional traffic through the Village by coming across the Island Way bridge, and the Village was seeking ways to minimize that problem. The first approach taken was to hire a mediator who had been working for over a year and was due to provide his report shortly. This • would involve some concepts such as possibly a western corridor, and a connector road. The Village had tried to village Council Meetiag Minutes June 12, 1997 Page 10 --------------- minimize traffic on Country Club and Tequesta Drives by posting a 25-mile speed limit, creating a truck ordinance not to allow through truck traffic, strict enforcement of traffic laws, etc., so that people with no reason to come to Tequesta would not wish to use Village roads as a pass-through to other areas. Councilmember Capretta reported that the most recent information provided on traffic tickets had been that out of 199 tickets issued, only nine had been given to Tequesta residents, which showed that people not living in the Village were those speeding through town. Councilmember Capretta commented that the Tequesta Preservation group wanted more extreme actions taken such as one-waying the street north, closing the road, etc., and wanted to create a district where they could tax people to do those things. Councilmember Capretta explained that the Village Council had never supported any of the extreme measures such as closing Country Club Drive or one-waying it, but had allowed all of the different groups to have their discussions, and commented that this would all come to a head in the next few months, and the Village Council would then make decisions to calm the situation, which should then go away. Councilmember Cameron made a motion to approve the report of the Public Safety Committee meeting of May 9, 1997. Vice Mayor Hansen seconded the motion. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Alexander W. Cameron - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted. C) Finance and Administration Committee; May 12, 1997 Village Manager Bradford reported that at this meeting the Committee had considered a request from Friends of • the Loxahatchee for the River Works workbook which had been previously approved at tonight's meeting under the • village Council Meetiag Minutes June 12, 1997 Page it --------------- Consent Agenda. The second item reviewed at the Committee meeting had been options for increasing the cost of holding vacant land. The Village Manager reminded the Village Council that Councilmember Capretta had suggested a few years ago that it would be in the Village's best interest to begin encouragement of new development and redevelopment within the Village in order to increase the tax value to $400, 000, 000 in order to provide revenue to the Village sufficient to build necessary facilities. This was now coming to fruition, and a healthy increase within the past year in assessed value for the Village had recently been reported in the newspaper. This was a result of efforts by the Village Council such as a waiver for development impact fees, which had stimulated development within the Village. Village Manager Bradford reported that one of the Village Council's objectives for the current year had been to find additional ways to increase the cost of holding • vacant land in order to stimulate development. Several alternatives were presented, such as new roadways, landscaping, streetlights, and taking action now to secure land for a future Tri-Rail station scheduled to be in Tequesta in the vicinity of the library on Old Dixie Highway. After meeting on this subject twice, the Committee recommended placing this matter on the back burner for the time being and to focus more on the outcome of the recent charrette to see if there were any opportunities and/or benefits resulting from the charrette that the Village could use to stimulate redevelopment of the central business district in the Bridge Road and Tequesta Drive area in lieu of attempting to do Public Works projects and assess adjacent property owners. The Committee recommended that the Village Council approve an expenditure of $34,221.40 from the Undesignated Fund Balance of each applicable fund ($19,000 from the General Fund, $275 from Stormwater Fund, $7,500 from Community Development Fund, and $7,000 from the Water Fund) in order to provide new furniture for the new garage facility and replace dilapidated • furniture now in use in other Village offices. The new furniture would be consistent with the interior design contemplated for the new construction of Village • village Council Meeting Minutes June 12, 1997 Page 12 --------------- facilities. Councilmember Mackail made a motion to approve the report of the Finance & Administration Committee meeting of May 12, 1997. Councilmember Cameron seconded the motion. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Alexander W. Cameron - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted. IX. DEVELOPMENT MATTERS • A) Modified Site Plan Review for the Mosart Building, 169 Tequesta Drive, for a Free-Standing Monument Style Sign (4' x 5' overall). Jeffrey Weiss, Jupiter Speedy Signs, Applicant. Planner Damian Peduto explained that the request was for a new sign at the Mosart Building, formerly the Hart Building. Jeffrey Weiss of Jupiter Speedy Signs explained that the sign was proposed to be 4' x 5' in overall size, with an aluminum frame, stucco with tile, plastic letters with the building name and address. Lamps on either side would be lit only at night and would be the only lighting. With lighting, the height would be 5'. Vice Mayor Hansen questioned the direction the sign would face, to which Mr. Weiss responded that it would face both east and west, being perpendicular to the road. Mr. Weiss explained that the lighting would be 75-watt, which would not be overly bright. Mr. Weiss explained that the old sign for the Hart Building would be down when the new sign was erected. • Councilmember Mackail made a motion to approve the modified site plan as presented for an overall 4' x 5' • Village Council Meeting Miautes June 12, 1997 Page 13 --------------- free-standing monument sign at the Mosart Building, 169 Tequesta Drive. Councilmember Cameron seconded the motion. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Alexander W. Cameron - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted. Ms. Peggy Virhoven commented that Mr. Weiss was one of the most professional and best sign makers in the area. B) Variance Request by the First Presbyterian Church of Tequesta, 482 Tequesta Drive, for Corner/Side Yard • Setback of 10.6' in Lieu of the Required 20' Setback, for Proposed Addition to Existing Church Structure. John Holton, President, Board of Trustees, First Presbyterian Church, Applicant. (A Quasi-Judicial Hearing) 1) Swearing-In of Witnesses, if Required Village Clerk Manganiello conducted the swearing-in of the following individuals, who indicated they would like to speak during the hearing: Peggy Gallo, 478 Tequesta Drive; Jan Browning, business address, 210 Jupiter Lakes Boulevard, Jupiter; David Chandler, Director of Music, First Presbyterian Church, 482 Tequesta Drive; Christopher Kedd, member, First Presbyterian Church, 482 Tequesta Drive; Ron Bernadi, 41 Southview Drive; Richard Anchutts, 42 Tequesta Drive; William Murphy, business address 221 Old Dixie Highway; Pat Shafer, 42 Tequesta Drive. 2) Testimony of Witnesses and Cross Examination, if any • Planner Damian Peduto explained that the applicant was requesting a variance from the required 20-foot corner lot side yard setback. The variance village Council Meeting Minutes June 12, 1997 Page 14 --------------- requested was for 9.4', which would leave a 10.6' side yard. Mr. Peduto reported that under the Code of Ordinances staff could not find an undue hardship and could not recommend approval of the petition; however in the R-1-A zoning district typically lot required side yards were 10'. In this situation this was a corner lot and therefore had a 20' side yard requirement, and 10.6' feet would still be left with the proposed addition to the church. Mr. Peduto explained that the approximately 4.5 acre parcel contains a church and accessory structures. Pat Shafer, Pastor of the First Presbyterian Church, explained that Bill Murphy would be the contractor, Peggy Gallo was the Vice President of Whitehall Condominium, the only structure to the eastern property boundary, Steve Parker was the Landscape Architect, and several members of the church were present at this meeting. Pastor Shafer explained that the new construction would be located 55' from the hardtop of the road at Point Drive began. A graphic was presented which was to scale and showed the distance from the road. A second rendering showed the full length of the church with the new addition, which the architect believed would provide balance to the building without the appearance of an add-on. The proposed addition would be 50' x 32'. Pastor Shafer explained that the church had a desperate need for restroom facilities to meet the American Disabilities Act. A portion of the addition would be utilized as a music suite. Pastor Shafer explained that the church had spent a considerable amount of money for water runoff testing, etc., based on a 1976 survey which had been found to be incorrect so that money then had to be spent for a new survey. Considerable time and effort had been spent trying to come up with an alternative configuration; however, none had been found. Pastor Shafer discussed why some alternatives would not be desirable. Pastor Shafer explained that the • church was very community minded, as evidenced by their non-denominational pre-school, the annual • Village Council Meeting Minutes June 12, 1997 page 15 --------------- fall strawberry festival, use of church facilities by other groups, an annual Village garage sale, community exercise classes, a line-dancing class, community music program for children, use as a polling precinct, sponsor of both Boy Scout and Girl Scout troops, annual condominium meetings, community music concerts, etc. Pastor Shafer stressed that this church facility was not just used on Sunday mornings. The Pastor emphasized that the church was under a hardship as to time to complete this proposed construction in time for September pre-school. Peggy Gallo, Vice President, Whitehall Condominium, located just east of the church, stated that she represented the residents of Whitehall and they had no objection to the proposed plan. • Jan Browning explained that he was with the firm of Lindahl Browning Ferrari and Helstrom, which was responsible for the erroneous survey done in early 1970, which was why the Church was before the Village Council. Mr. Browning explained that all underground utilities were close to the pavement, allowing 23" of unused right-of-way with no utilities. Mr. Browning commented that the church had a problem meeting the ADA requirements and the only place to put the handicap restroom facilities was where they were proposed. David Chandler, Director of Music, explained that he had not agreed with the Palm Beach Post, which had described Tequesta as a sleepless, faceless, bedroom community. Mr. Chandler described the wonderful music program offered by the church, and explained that the facilities were badly needed. William Murphy, Builder, commented that the setback of the addition would be back into the trees and would not look like an addition, that it would not generate extra vehicular traffic on its side of the church, and that ADA requirements would be met. • Councilmember Cameron complimented the church on a • village Council Meetiag Minutes June 12, 1997 Page 16 --------------- very attractive plan and questioned whether Point Drive was constructed on the far eastern side of the right-of-way, which Mr. Peduto clarified. Councilmember Mackail expressed his opinion that this was a great design and would be helpful to the community. Councilmember Capretta suggested penance for the surveyors. Vice Mayor Hansen questioned whether there would be any negative consequences for the Village if this application were approved, to which Mr. Peduto responded he could foresee no negative consequences to the health, welfare or safety of the Village; however, sidewalks might need to be considered for pedestrian traffic. Village Manager Bradford commented that this was only a variance request and the applicant would be returning for site plan review on July 24. Discussion ensued regarding the earliest time the applicant could return in order • to speed construction. Richard Anchutts explained that the church was on a very tight schedule in order to do the construction before the school year began. Mayor Schauer commented that the church plan was very nice. C) Disclosure of Ex-Pane Communications Vice Mayor Hansen reported a telephone call from Mr. Anchutts. Councilmember Cameron reported a telephone call where he was asked to look at the property and he had told the caller that he would do so, and he had not written down the name of the man who called. Councilmember Mackail inquired when the next Community Appearance Board meeting would be and requested that there be a Community Appearance Board meeting and then a special Village Council meeting called in order to help the church get their project underway. Councilmember Mackail reported he had had no ex-pane communications. Councilmember Capretta reported that Mr. Anchutts had asked him to look at the site which he had told him he would do. Mayor Schauer reported a call • from Earl Collins who had asked her to vote yes on ~ this before she had known that the First Presbyterian Church was coming before the Village • village Council Meeting Minutes June 12, 1997 Page 17 --------------- Council. D) Finding of Fact Based upon Competent, Substantial Evidence: a) Motion to Approve/Deny Variance Request Vice Mayor Hansen made a motion to approve the variance request by First Presbyterian Church. Councilmember Mackail seconded the motion. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Alexander W. Cameron - for Joseph N. Capretta - for Ron T. Mackail - for • The motion was therefore passed and adopted. Mayor Schauer clarified that Mr, Peduto had instruction from Councilmember Mackail to expedite a Community Appearance Board meeting and if a special Village Council meeting was needed to approve this, that one would be called. X. NEW BUSINESS A) Resolution No. 20-96/9? - Expressing the Village Council's Declaration of Intent to Reimburse Original Expenditures with Proceeds of Certain Tax-Exempt Obligations for Costs Associates with the Tequesta Public Facilities Project. (Staff Recommends Approval) Village Manager Bradford reported that this item was in accordance with U.S. Treasury regulations and was a requirement in order to reimburse the Village for up- front costs for facilities. Village Manager Bradford explained that Mark Raymond, Bond Counsel, had advised a • change on page 2 of the Resolution in Section Two at the end of the first sentence: to strike the period after the Village Council Meeting Minutes June 12, 1997 Page 18 --------------- word "buildings", and add the following words: "including Fire-Rescue, Police, Recreation Center and a new Village Hall." This would specify those buildings which were possibilities for construction within the Village, and by adding that wording, flexibility would be given if between now and bond issuance time more work than Public Safety was desired to be done. Village Manager Bradford advised the Village Council they did not have to make the change in language or to issue the amount of money indicated in Section Two, but that the amount was there to provide a "not to exceed" number, and the wording would provide flexibility. Village Attorney Randolph read Resolution 20-96/97 by Title only. Councilmember Cameron made a motion to approve Resolution 20-96/97. Vice Mayor Hansen seconded the motion. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Alexander W. Cameron - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted. B) Resolution No. 21-96/97 Approving a Letter of Credit from Barnett Bank of Palm Beach County for Interim Costs Associated with Public Facilities and Authorizing the Village Manager to do all Things Necessary to Effectuate the Same. (Staff Recommends Approval) Village Manager Bradford explained that the proposed Letter of Credit would carry a market interest rate in effect at time of closing and was not to exceed $1,000,000. The plan was that this Letter of Credit would provide up-front costs to enable the Village to proceed with this project. The Village Manager explained • that the cost of the Gee & Jenson architectural contract would be internally financed up until October 1, after • village Council Meeting Minutes June 12, 1997 Page 19 --------------- which time the Letter of Credit would be activated to reimburse the Village. The Letter of Credit would be used as interim financing until the closing on bonds, anticipated to be approximately one year from now. Finance Director Kascavelis had estimated the total cost of interim financing to be $8,930, which would be budgeted in next year's budget. Councilmember Mackail questioned whether language should be added that the prime rate would adjust periodically, since the interest rate was not a fixed rate. Village Attorney Randolph advised that terms were not included in the Resolution so that whatever terms were a part of the Letter of Credit would be authorized. Mrs. Hutchinson questioned whether the Village should get three bids, rather than giving the contract to Gee & Jenson. Village Manager Bradford explained that the Village was using an existing contract with Gee & Jenson • and not awarding a new contract, therefore three bids were not required. Councilmember Capretta commented that a resident had called him regarding the $1,000,000 amount. Councilmember Capretta asked how much the advances to Gee & Jenson would be, to which Village Manager Bradford responded that the up-front costs to Gee & Jenson could be up to $208,000 and the rest of the $1,000,000 was not committed. Village Attorney Randolph read Resolution 21-96/97 by Title only. Councilmember Mackail made a motion to approve Resolution 21-96/97. Vice Mayor Hansen seconded the motion. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Alexander W. Cameron - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted. • village Council Meeting Minutes June 12, 1997 Page 20 --------------- C) Resolution No. 22-96/97 - Approving Professional Services Agreement with Gee & Jenson for Design of Tequesta Fire- Rescue and Police facilities and authorizing the Village Manager to Execute the Same on Behalf of the Village. (Staff Recommends Approval) Village Manager Bradford explained that this Resolution was in regard to the contract just questioned and that it was only for architectural services to design the proposed Fire-Rescue building and to renovate the Police station. The total cost was $208,000 with an estimated $22,000 of reimbursable expenses, and some specialty items were not included and would have to be brought before the Village Council at a later date, such as the hazardous materials investigation and any communication design. Village Manager Bradford stated that this was an amendment to an existing contract with Gee & Jenson. • Vice Mayor Hansen commented that this would take care of the entire contract, not only the advance design and bids, but also construction management, supervision of contractors and subcontractors, checking the quality of construction, writing punch lists, etc. The only things not covered were unknown factors such as asbestos. Councilmember Cameron questioned whether the Village had any specific information as to whether there was lead paint and/or asbestos, to which Village Manager Bradford responded that there was no information but it was suspected that those items would be found during the investigation. Village Attorney Randolph read Resolution 22-96/97 by Title only. Councilmember Mackail made a motion to approve Resolution 22-96/97. Vice Mayor Hansen seconded the motion. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Alexander W. Cameron - for • Joseph N. Capretta _ for Ron T. Mackail for • Village Council Meetiag Minutes June 12, 1997 Page 21 --------------- The motion was therefore passed and adopted. D) Resolution No. 23-96/97 - Approving the Palm Beach County Law Enforcement Agencies Combined Operational Assistance and Voluntary Cooperation Mutual Aid Agreement and Authorizing the Mayor and Chief of Police to Execute the Same on Behalf of the Village. (Staff Recommends Approval) Village Manager Bradford explained that this agreement had been reviewed by Police Chief Allison and by the Village Attorney, and was a mutual aid agreement for police services. Chief Allison explained that this was a renewal of an existing contract but that the standards now protected • the Village's interests better. Mayor Schauer commented that the Jupiter Courier had published a nice article regarding this matter. Village Attorney Randolph read Resolution 23-96/97 by Title only. Councilmember Cameron made a motion to approve Resolution 23-96/97. Vice Mayor Hansen seconded the motion. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Alexander W. Cameron - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted. E) Consideration of Approval of Change Order to AKA Services, Inc., of West Palm Beach, Florida, in the Amount of $23,100 for Seabrook Road Drainage Repair Having Combined FY 1996/97 Unencumbered Budget • Allocations of $34,200. (Staff Recommends Approval) • village Couacil Meeting Miautes June 12, 1997 Page 22 --------------- Village Manager Bradford explained that the change order had gone forward but was not yet signed. The work was occurring since it had been discovered about halfway through the job that there was a differential between the pipes so that in the event they did not continue on all the way to Dover Ditch there would have been blockage in the pipe; therefore, the work had to go forward to avoid flooding the streets in the neighborhoods in the event of a heavy rainfall. Vice Mayor Hansen questioned whether this expense would affect future Stormwater projects, to which the Village Manager responded that it would, and that this was the first project scheduled for next fiscal year, so that the money allocated for next fiscal year would now be placed toward the Tequesta Drive Diversion Project, along with grants which Mr. Peduto was attempting to obtain from DCA. In response to a question by Councilmember Mackail, • Village Manager Bradford explained that this would change the schedule of projects but the monthly rate would remain the same; and that more projects could not be added unless the rate was raised. Mrs. Nagy expressed her pleasure with the project so long as her street did not flood again. Councilmember Mackail made a motion Order to AKA Services, Inc. in the Seabrook Road Drainage Repair. seconded the motion. The vote on Elizabeth A. Schauer - Carl C. Hansen - Alexander W. Cameron - Joseph N. Capretta - Ron T. Mackail - to approve the Change amount of $23,100 for Councilmember Cameron the motion was: for for for for for The motion was therefore passed and adopted. G) Resolution No. 24-96/97 - Approving Village of Tequesta Community Development Block Grant Application and • Authorizing the Mayor to Execute the Same on Behalf of the Village. (Staff Recommends Approval) • Village Council Meeting Minutes June 12, 1997 Page 23 --------------- Village Manager Bradford explained that the Mayor's signature must be approved for the signature section of the application to DCA in order to receive the grant money, which would go to the Tequesta Drive Diversion Project. Vice Mayor Hansen questioned what the anti-displacement policy was. Mr. Peduto explained that the anti- displacement policy was a policy that the Village would have in the event someone were displaced from their home as a result of a proposed project, basically stating that the Village would provide housing for them elsewhere. Mayor Schauer congratulated Mr. Peduto for his efforts in pursuing this grant. Village Attorney Randolph read Resolution 24-96/97 by Title only. • Vice Mayor Hansen made a motion to approve Resolution 24- 96/97. Councilmember Mackail seconded the motion. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Alexander W. Cameron - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted. K) Village Attorney Randolph stated that as a result of conversations with Jupiter Town Attorney Baird and representatives of the Town of Jupiter, that he was in need of advice from the Village Council in regard to potential settlement negotiations regarding the Tequesta vs. Jupiter Water Rate Hike Matter. The Village Attorney therefore requested that the Village Council give consideration to holding an Attorney-Client Session. • After discussion, it was the consensus of the Village Council to call an Attorney-Client Session to meet on • Village Council Meeting Minutes June 12, 1997 Page 24 --------------- Tuesday, June 17, 1997 at 7 P.M. at the Village Hall, 357 Tequesta Drive, Tequesta, Florida. 1) Subject Matter of Meeting was announced to be the Tequesta vs. Jupiter Water Rate Hike matter. 2) Attorney-Client Session Attendees were announced as: a) b) c) d) e) f) g) h) • XI. ANY OTHER MATTERS Alexander W. Cameron Carl C. Hansen Ron T. Mackail Elizabeth A. Schauer Scott G. Hawkins, Esq. John C. Randolph, Esq. Thomas G. Bradford A Court Reporter from Lay & Marsaa Court Reporters Vice Mayor Hansen discussed annexation, and stated that successful annexation would help the Village and its tax base. The Vice Mayor reported that he had recently participated in a symposium in Royal Palm Beach, where Ms. Tipton from Florida League of Cities spoke, and had commented that Broward County had recently decided that by the year 2007 there would be no more unincorporated area in Broward County. Vice Mayor Hansen reported that various legislative activities now occurring in Tallahassee would make annexation easier. The Vice Mayor commented that Bermuda Terrace was talking about annexation. Vice Mayor Hansen suggested the following actions: 1. That the Village should tell the people in unincorporated areas what is happening in Broward County, and about the legislation that was going to be passed. 2. Start negotiating or talking about exactly what conditions areas would want in order to annex. 3. During budget talks, suitable amounts should be budgeted for annexation. • Vice Mayor Hansen asked that staff tell the Village Council likely targets and when annexation action should be commenced. • Village Council Meeting Minutes June 12, 1997 Page 25 --------------- Councilmember Mackail agreed with Vice Mayor Hansen, and discussed the last annexation attempt which was very confusing to potential annexation areas. Councilmember Mackail recommended that each area be informed regarding specific advantages that they were interested in and not to confuse them with issues pertaining to other unincorporated areas. Vice Mayor Hansen commented that Bermuda Terrace residents were now more united than in the past, because of activities by ENCON. Village Manager Bradford discussed possible referendum dates, and stated that when Mr. Peduto had finished with the PMG survey, annexation attempts could begin. Mr. Peduto explained that a vote could not be taken in favor of annexation to take effect at a later date, but a vote could be taken for annexation not to occur until some specific point in time. Mr. Peduto explained that all of the sections referred to by letter in the last annexation attempts had been re- created and cut into sections that were as small as legally possible without creating enclaves. Village Manager Bradford • commented that future annexation referendums would contain no multiple scenarios. Peggy Virhoven commented that the method she had suggested could be used. Mayor Schauer reported that she had attended a traffic calming workshop, where excellent presentations had been given by West Palm Beach and Boca Raton representatives. Mayor Schauer reported that Boca's roundabouts and T's were very ugly because they were portable and made of rubber. Mayor Schauer requested that the Village Manager contact Dan Burden and Ian Lockwood to do presentations for the Village. Mayor Schauer explained that everyone at the workshop had been in agreement not to close roads. Councilmember Cameron commented that Boca Raton had been very successful using the portable devices in moving traffic from one area to another, however, that was not Tequesta's problem. Councilmember Mackail agreed to the proposed presentations, and Councilmember Capretta expressed a desire to learn more about a traffic calming device that had been removed. The Councilmembers agreed that they needed more information on this subject. Mayor Schauer reported that costs had been discussed at the workshop and the costs quoted had included landscaping, and in Boca Raton once people were used to having the portables, it was up to the specific areas to put up money for landscaping and to maintain it and provide • village Council Meeting Minutes June 12, 1997 Page 26 --------------- irrigation. This was something else for the Village to consider. Vice Mayor Hansen reported that he had visited the Northwood area in West Palm Beach and observed their traffic calming devices, which had really improved the neighborhoods. Peggy Virhoven questioned whether the workshop had been videotaped, to which Councilmember Cameron responded that Commissioner Karen Marcus' office could be contacted to find out. XII.ADJOURNMENT Councilmember Mackail moved that the meeting be adjourned. Vice Mayor Hansen seconded the motion. The vote on the motion was: Elizabeth A. Schauer - for 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 was adjourned at 9:18 P.M. Respectfully submitted, n _ ~~~ re~~ GZ~Cti L~ Betty Laur Recording Secretary ATTEST: Jo nn Mangani to Village Clerk DATE APPROVED: • ~