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HomeMy WebLinkAboutMinutes_Regular_10/10/1996 VILLAGE OF TEQUESTA Post Office Box 3273 357 Tequesta Drive Tequesta, Florida 33469-0273 (407) 575-6200 Fax: (407) 575-6203 VILLAGE OF TEQUESTA VILLAGE COUNCIL MEETING MINUTES OCTOBER 10, 1996 I. CALL TO ORDER AND ROLL CALL The Tequesta Village Council held a meeting at the Village Hall, 357 Tequesta Drive, Tequesta, Florida, on Thursday, October 10, 1996. The meeting was called to order at 7:01 P.M. by Mayor Ron T. Mackail. A roll call was taken by Betty • Laur, Recording Secretary. Councilmembers present were: Mayor Ron T. Mackail, Vice Mayor Elizabeth A. Schauer, Joseph N. Capretta, Carl C. Hansen, and Michael R. Meder. Also in attendance were: Village Manager Thomas G. Bradford, Attorney Scott Hawkins sitting in for Village Attorney John C. Randolph, Village Clerk Joann Manganiello, and Department Heads. II. INVOCATION AND PLEDGE OF ALLEGIANCE Mayor Mackail gave the Invocation and led those in attendance in the Pledge of Allegiance to the American Flag. III. APPROVAL OF AGENDA The following additions to the agenda were requested: Village Manager Bradford requested that Consent Agenda item VII (A) be pulled for clarification and discussion; and also explained that under Item XI (C), based on memo from Fire Chief Weinand, piggybacking of the bid for ambulances would not be with the Town of Palm Beach but with the Highlands • County bid. Re~yded Pnper . Village Council Meeting Minutes October 10, 1996 Page 2 The following changes were requested to be added under ANY OTHER MATTERS: Vice Mayor Schauer requested discussion of Dover Ditch. Mayor Mackail requested discussion of mediation. Councilmember Hansen requested discussion of Code Enforcement. Councilmember Meder requested discussion regarding return of the books collected for the Comprehensive Plan, and regarding Constitution Park. Councilmember Hansen made a motion to approve the Agenda as amended. Vice Mayor Schauer seconded the motion. The vote on the motion was: Ron T. Mackail Elizabeth A. Schauer • Joseph N. Capretta Carl C. Hansen Michael R. Meder - for - for - for - for - for The motion was therefore passed and adopted and the Agenda was approved as amended. IV. COMMUNICATIONS FROM CITIZENS (NON-AGENDA ITEMS) Ronald Lange, MDM Engineering, representing Mobil Oil Corporation, requested that conditions of site plan approval granted by the Village Council on September 24 for the Mobil Station at US Highway One and County Line Road be changed. Mr. Lange explained that the applicant had received a letter from the Village Manager which stated a condition that prior to issuing permits the applicant must grant an easement for the Village of Tequesta sign. Mr. Lange assured the Village Council that Mobil had every intention of granting the easement, and reported that he had met with Building Official Scott D. Ladd and had obtained dimensions for the proposed sign. Mr. Lange explained the procedure which must be followed of obtaining a legal description, having a survey done, and sending the survey to corporate headquarters for • approval, which would take some time. Mr. Lange requested that the Village Council consider making the easement and • Village Council Meeting Minutes October 10, 1996 Page 3 moving the pole a condition of the certificate of occupancy rather than of the building permit. This would allow permits to be obtained so that the agreement between Mobil and Exxon to have permits in hand by November 1, 1996 could be honored and the property would not revert back to Exxon on that date. Mr. Lange reported that relocation of the County's light pole had been estimated at $15,000, which the small business owner, Simon Chirikjian, could not afford, and requested that the Village Council handle that cost. Mayor Mackail commented that the September 24 meeting had been a quasi judicial hearing for which proper notice had been given, and that the condition that Mobil relocate the poles had been granted because the applicant had requested variances; and questioned Attorney Hawkins whether changes to a site plan could be granted at this meeting since it was not • a public hearing. Attorney Hawkins responded that an administrative issue regarding a discreet question about the condition could be addressed; however, problems could be created for both the applicant and for the Village if a lengthy discussion were held regarding actions taken at a quasi judicial hearing when this meeting had not been noticed as a quasi judicial hearing. Attorney Hawkins requested that if that was the case that this matter be deferred until a public hearing could be noticed and scheduled. Mayor Mackail expressed his opinion that this was a minor issue, and commented that the Village desired the sign to be symmetrical on the corner, which he had understood could be worked out between Mobil and the Village. Mr. Lange assured the Mayor that the easement would be granted. Mayor Mackail expressed his position that Mobil must grant the easement and relocate the poles as per action taken at the public hearing. Village Manager Bradford explained that the reason he had requested that the minutes of the September 24 Village Council meeting be pulled from the Consent Agenda had been to ask for clarification of the Village Council's intent regarding who would bear the cost to relocate the poles. The Village Manager reported that relocation was needed for a single pole, and that he had spoken with Commissioner Marcus' assistant to • find out why there would be a charge of $15,000 for relocation when the poles at Tequesta Drive and US One intersection had • Village Council Meeting Minutes October 10, 1996 Page 4 ------------------ been relocated at no cost in 1989. Village Manager Bradford expressed hope that the Village might work with the County to reduce the cost. Councilmember Meder expressed concern regarding the surprise $15,000 cost, explained that this was a traffic light pole and those had been relocated in the past at no cost, commented that the Village should not straddle a small businessman with this cost, and expressed the opinion that the Village should work with the County to determine what had happened. In response to Mayor Mackail's question whether Councilmember Meder thought the Village should bear the cost, Councilmember Meder responded that he did not believe the application should be held up for one traffic light, but that the Village should work with the County regarding the cost, and that to make the easement and the pole relocation a condition of the certificate of occupancy was a reasonable request. • Councilmember Hansen expressed surprise at the $15,000 cost, and commented that although he did not believe the Village should bear the cost that he would like this application to proceed. Councilmember Capretta stated that he did not wish to lose the business opportunity, and believed the Village should do whatever it took to resolve the issue, and recommended that the pole issue be removed from the condition, that the owner should not be required to pay for relocation of the pole, and that the Village work with Commissioner Karen Marcus to get the County to reduce the cost. Vice Mayor Schauer agreed that the pole issue should be separate, and that the easement should be made a condition of the certificate of occupancy. Discussion ensued, during which Village Manager Bradford read the motion from the September 24 minutes: Councilmember Meder made a motion to approve the special exception with site plan review and variance for the sign and the 1 andscape waiver, with the condition tha t the applicant grant to the Village an easement satisfactory to it to accommodate the Village of Tequesta sign and to relocate other poles as necessary. Village Manager Bradford commented • that Vice Mayor Schauer had seconded the motion, which had • Village Council Meeting Minutes October 10, 1996 Page 5 been unanimous. Village Manager Bradford expressed the opinion that no vote was needed since Building Official Ladd could determine that the Village Council was satisfied with Mr. Ladd's ability to withhold a certificate of occupancy if he did not receive an easement satisfactory to handle the sign and any poles and landscaping and all applicable appurtenances, prior to time of issuance of the certificate of occupancy. Village Manager Bradford explained that there was nothing in the motion requiring the easement or pole relocation to be done prior to time of permit. Building Official Ladd expressed the opinion that he could work with the motion as made at the September 24 meeting. Village Manager Bradford commented that Mr. Ladd had indication from the Village Council to allow the applicant to go forward, but that it should be stipulated that the pole relocation satisfactory to the Village must be rectified prior to the issuance of the certificate of occupancy. • Building Official Ladd reported that within two days he had spoken with Palm Beach County engineers, one of whom was the Senior Professional Engineer in charge of the Traffic Signalization Division, who had informed him of the $15,000 relocation cost. The engineers had agreed that relocation could easily be accomplished, however, longer lines would be needed after relocation. Vice Mayor Schauer questioned whether the pole problem would be resolved by the November Village Council meeting, to which Mr. Ladd responded that if he could be granted discretion to work with this issue, that he would simply withhold the certificate of occupancy until the matter was resolved. This would allow time to work with the County to determine why the sudden change from no cost to a $15,000 cost. Mr. Chirikjian was advised to address this issue in sufficient time so that his certificate of occupancy would not be delayed in the event that the issue was not worked out between the Village and Palm Beach County. Building Official Ladd requested that Mr. Chirikjian acknowledge his acceptance of the program as currently stated. Village Manager Bradford responded that no one was saying anything about who would pay for the pole relocation, but right now the applicant could move forward, and the pole relocation cost problem would be dealt with later. Both • Building Official Ladd and Mr. Lange stated that they were comfortable with that. • Village Council Meeting Minutes October 10, 1996 Page 6 ------------------ Charles Hoffman, 237 Golfview Drive, reported that he had written a letter to Water Department Manager Tom Hall with copies to the Village Councilmembers, detailing specifics of the problem he had had with his water bill. Mr. Hoffman stated he had received a bill at the beginning of September for $732 for 173,000 gallons of water for an unoccupied pool house, regarding which he was not happy with the $288 amount of the adjusted bill or with the manner in which this situation had been handled. Mr. Hoffman explained that the bill for that pool house had been $19 the previous month and average monthly usage for that house was 7,000 gallons. Mr. Hoffman appealed to the Village Council that this bill be considered for further adjustment, since in his opinion this could not be a leak because the problem had only existed for the one month, and his next bill had been for $40 because of all the water he had used in testing to try to determine what the problem had been. Mr. Hoffman described how the Water • Department employees had handled this situation, which he felt could have been done in a more professional manner. During discussion, Mr. Hoffman reported that the cause of the problem could not be determined. Councilmember Hansen reported his neighbors' experiences with similar large water bills which had been determined to have resulted from leaks. Mayor Mackail also related a similar problem which had been determined to result from a broken pipe. Tom Hall, Water Department Manager, reported there had been a communications breakdown in this case, but that an adjustment of over $400 had been made, and described the steps which had been taken by the Water Department in this situation, which he felt was all that they could have done. 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. • The following items were listed on the Consent Agenda: • Village Council Meeting Minutes October 10, 1996 Page 7 VI. PRESENTATIONS AND PROCLAMATIONS *A) Proclamation Declaring November 1996 as National Epilepsy awareness Month in the Village of Tequesta. *B) Proclamation Declaring October 13 - 19, 1966, as National Food Bank Week in the Village of Tequesta. VII, APPROVAL OF MINUTES AND REPORTS *A) Village Council Meeting; September 24,1996 *B) Village Manager's Report; September 23, 1996 - October 4, 1996 • IX. *A) Consideration of Re-appointment of Marcia Nielson as an Alternate Member to the Community Appearance Board, with said Term Expiring on 11/09/97. (Staff Recommends Approval) XI. *E) Consideration of Ratifying the Addendum to article 9 (Wages) , Article 10 (Insurance) and Article 23 (Pay Benefits) of the Collective Bargaining Agreement Between the Village of Tequesta and the Communications Workers of America effective October 1, 1995 - September 30, 1998. (Staff Recommends Approval) Village Manager Bradford stated for the record in regard to item XI (E} that the Village did have a fully executed addendum signed by both parties, which was a requirement under the law. Motion was made by Councilmember Meder to approve the Consent Agenda as submitted. The motion was seconded by Vice Mayor Schauer. The vote on the motion was: • Ron T. Mackail = for Elizabeth A. Schauer for • Village Council Meeting Minutes October 10, 1996 Page 8 ------------------ Joseph N. Capretta - for Carl C. Hansen - for Michael R. Meder - for The motion was therefore passed and adopted and the Consent Agenda was approved as submitted. VIII. COMMITTEE REPORTS A) Public Safety Committee; September 26, 1996 • • Village Manager Bradford reported that the primary purpose of this meeting had been to discuss the Certificate of Necessity (CON) requirements of Palm Beach County and other factors related to CON. Fire Chief Weinand had reviewed the history of North County Ambulance, Jupiter Medical Service, Jupiter Ambulance, and the current change to a four-year term for a CON. The call volume, preliminary estimates to modify the fire house to accommodate ambulances, cost of ambulances, and the current charges in this area for ALS transport services had also been reviewed. It was the recommendation of the Committee to apply for an AL5 transport license, which subsequently had been done. Other items discussed at the meeting were the Jupiter- Tequesta Junior Women's Club Arts and Crafts Fair and parking arrangements that should take place to avoid parking problems experienced in the past; and the Committee's recommendation for a fundraiser dinner dance to benefit the Police and Fire Departments, with Vice Mayor Schauer selected to work on arrangements to be approved by the Committee and by the Village Council. Councilmember Meder thanked the Committee for their action on the parking problems. Councilmember Hansen commented on the ALS transport recommendation by the Committee, which would provide better service to the Village residents. Councilmember Capretta discussed the ambulance issue, and reported a subsequent meeting at Jupiter hospital attended by himself, Fire Chief Weinand, and Village Manager Bradford at which rumors that the • Village Council Meeting Minutes October 10, 1996 Page 9 ------------------ hospital and the ambulance service might be sold were discussed and denied. Councilmember Capretta reported he had requested assurances from the hospital Board that in the event either the hospital or ambulance service were sold and they were no longer able to provide ambulance service to the Village that they would give back the former North County Ambulance facility and at least two fully-equipped ambulances. The Board was to take action on Councilmember Capretta's request at their October 18 meeting. Vice Mayor Schauer commented that she was in favor of the Village going into their own ambulance service, which would be cheaper for the residents, and that she was still looking for a place to hold a fundraiser. Councilmember Capretta expressed concern that going into the ambulance business would create further strain on already insufficient Village facilities, and that by providing more services for the • residents the Village was painting themselves into a corner of having to provide facilities to accommodate those services. Councilmember Capretta commented that if the Village did add an ambulance service that one benefit would be that so many departments would not have to respond and that services could be better utilized. Vice Mayor Schauer suggested that the fundraiser could be used to raise money for facilities rather than for the Police and Fire Departments. Motion was made by Councilmember Hansen to approve the report of the Public Safety Comm~.ttee for September 26, 1996. The motion was seconded by Councilmember Meder. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer - for Joseph N. Capretta - for Carl C. Hansen - for Michael R. Meder - for The motion was therefore passed and adopted. • IX. APPOINTMENTS • Village Council Meeting Minutes October 10, 1996 Page 10 B) Consideration of Appointment of Paulette Torcivia as the Tequesta Code Enforcement Special Master, with Said Term Expiring on 10/10/98. (Staff Recommends Approval) Councilmember Meder made a motion to approve the Appointment of Paulette Torcivia as the Tequesta Code Enforcement Special Master, with Said Term Expiring on 10/10/98. Vice Mayor Schauer seconded the motion. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer - for Joseph N. Capretta - for Carl C. Hansen - for Michael R. Meder - for • The motion was therefore passed and adopted. The proper legal procedure of communication between the Village Council and the Special Master was discussed. Councilmember Capretta requested legal clarification on whether it would be appropriate for the Special Master to report, for example, that the reason she had had to rule a certain way in some cases was that Village ordinances were unclear or incomplete. Attorney Hawkins stated that he would check on that matter. Ms. Torcivia addressed the Village Council and explained that her ruling would state if she felt an applicable ordinance was unclear or inadequate, so that communication would be through individual decisions. Village Manager Bradford inquired whether minutes of the hearings were typically kept to provide a paper trail, so that the Village Council could receive minutes as a report to see what her actions had been. Ms. Torcivia indicated that typically there was only an agenda indicating what respondents were before the Special Master, and a written order for each respondent. Ms. Torcivia commented that she would probably keep her orders general, but would make recommendations to Officer Davis for him to bring before . the Village Council. In response to whether she visited actual sites, Ms. Torcivia explained that she liked to Village Council Meeting Minutes October 10, 1996 Page 11 work from photographs of the sites taken the day of the hearing. In response to Vice Mayor Schauer's question regarding whether Ms. Torcivia had instructed Officer Davis to take pictures, Ms. Torcivia reported that she had spoken with Officer Davis several times and had provided direction on how she wanted to proceed and her expectations of him. IX. DEVELOPMENT MATTERS A) Modified Site Plan Review for VIP Properties of Distinction, 110 Bridge Road, for a 6' x 8' Freestanding Real Estate Sign (14' overall height) .Andy Russo, owner, requested a sign of 20 feet in height. Discussion ensued regarding the fact that the application • was for a sign of 14 feet in height, so that Mr. Russo would need withdraw and to return with a new submittal for a 20' sign, which was the maximum allowable at this location in the C-2 Zoning District. Building Official Scott D. Ladd expressed concern that staff might not support a sign of that height in that location. After further discussion, Mr. Russo requested that consideration be given to the application as presented. Mr. Ladd verified that there were no objections to the application as presented. Vice Mayor Schauer questioned the applicant's plans for the former bank drive through, to which Mr. Russo responded that he hoped to be able to enclose that area for additional office space, possibly in about a year. Councilmember Hansen made a motion to approve the Modified Site Plan Review for VIP Properties of Distinction, 110 Bridge Road. Councilmember Meder seconded the motion. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer - for • Joseph N. Capretta _ for Carl C. Hansen for • Village Council Meeting Minutes October 10, 1996 Page 12 Michael R. Meder - for The motion was therefore passed and adopted. B) Landscape Ordinance No. 377 Plan Review; Landscape Waiver Request; First Baptist Church, 423 Tequesta Drive. Parker-Yannette Design Group, Landscape Architect. Chuck Yannette, Landscape Architect, was present representing the First Baptist Church of Tequesta. Building Official Scott D. Ladd advised that the main concern expressed by the Community Appearance Board was that the landscaping was weak in the area between Dover Road and Constitution Park and that there should have been additional landscaping provided to compliment the park. Mr. Yannette reported that discussion at the • Community Appearance Board meeting had been held regarding placing scattered clusters of landscaping throughout the parking area; however, after another site visit, Mr. Yannette recommended a hedge the entire length to screen the parking. Councilmember Hansen expressed concern with waiver request number 10 which requested that the requirement to provide one 6' x 20' landscape island with one tree every ten parking spaces be waived so that only one of the seven islands required would be provided. Mr. Hansen questioned whether smaller parking spaces had been considered. Vice Mayor Schauer suggested that one area could be designated for subcompact cars only, which would provide space at the front of a space to plant a tree. Mayor Mackail questioned whether recommendations in approvals by the Community Appearance Board were really requests to the Village Council to address those recommendations. Building Official Ladd responded that the Community Appearance Board wanted the Village Council to address their concerns, and that typically those listed concerns were met by applicants. Mayor Mackail commented that he wanted to be sure there was consistency in approvals regarding Ordinance 377. Mr. Ladd explained • that if the Village Council approved the recommendations • Village Council Meeting Minutes October 10, 1996 Page 13 made by the Community Appearance Board on tonight's agenda, that the next day letters would go out to the applicants stating that the Village Council had approved their applications subject to the conditions addressed by the Community Appearance Board. Vice Mayor Schauer commented that her suggestion of using an area for subcompact cars would provide space for trees by restriping the parking lot without losing any parking, and that parishioners might volunteer to paint the stripes to lessen the cost of the project. Village Manager Bradford commented that the plan did not list the existing number of parking spaces or the number of spaces required by Code, and also did not state the percentage of the property currently landscaped and the percentage proposed. Village Manager Bradford requested that information be provided in the future. Mr. Ladd agreed. • Councilmember Hansen stated that he hoped a few islands and trees could be added. Vice Mayor Schauer reported that trees had died at the church where she worked because they did not have bubblers. Mr. Yannette agreed that oak trees were difficult to grow, and advised that this property was fully irrigated. Village Manager Bradford questioned why tree stumps in the hedge line along Tequesta Drive were not indicated on the drawing, to which Mr. Yanette responded he had not seen any stumps in the hedge during his visit to the site. Councilmember Meder made a motion to approve the Landscape Ordinance 377 Plan Review and Waiver Request for First Baptist Church, 423 Tequesta Drive. Vice Mayor Schauer seconded the motion. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer - for Joseph N. Capretta - for Carl C. Hansen - for Michael R. Meder - for The motion was therefore passed and adopted. • Village Manager Bradford requested that Building Official • Village Council Meeting Minutes October 10, 1996 Page 14 ------------------ Ladd see to it that the Plans Examiner require the following items to always be on the plans: (1) the number of parking spaces, current and proposed, and (2) parking space size and percentage of property devoted to landscaping before and after the proposed improvements. C. Landscape Ordinance No. 377 Plan Review; Landscape Waiver Request; Whitehall Condominium, 478 Tequesta Drive. Parker-Yannette Design Group, Landscape Architect. Steve Parker, Landscape Architect, was present as representative for Whitehall Condominium. Building Official Ladd commented that the Community Appearance Board's concerns were addressed during their meeting. Mr. Ladd reviewed the requested waivers, which were for six feet of waivers to ten feet required in two areas. • This was due to very tight parking. Mr. Ladd verified that no fence was required along the property line where residential abuts residential property. Mr. Hansen indicated restriping could be done to provide more parking, but agreed that this would be difficult to accomplish on this property where the condo residents had assigned parking spaces. Councilmember Hansen made a motion to approve the Landscape Ordinance 377 Plan Review and Waiver Request far Whitehall Condominium, 478 Tequesta Drive. Vice Mayor Schauer seconded the motion. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer - for Joseph N. Capretta - for Carl C. Hansen - for Michael R. Meder - for The motion was therefore passed and adopted. D. Landscape Ordinance No. 377 Plan Review; Landscape Waiver • Request; Cypress Villas Condominium, 414-428 Cypress Drive and 429-435 Cypress Drive North. Roy-Fisher • Village Council Meeting Minutes October 10, 1996 Page 15 Associates, Landscape Architect. Landscape Architect Steve Niedergeses with Roy Fisher Associates introduced Mr. Norman of Cypress Villas who was present to answer any questions. Building Official Ladd reported that all of the Community Appearance Boardmembers had made site visits and all were extremely pleased. Councilmember Hansen commended the applicant on their landscaping. Mr. Norman responded to Village Manager Bradford that this project was planned for completion over a 1 to 2-month period. Councilmember Meder made a motion to approve the Landscape Ordinance 377 Plan Review and Waiver Request for Cypress Villas Condominiums, 414-428 Cypress Drive and 429-435 Cypress Drive North. Vice Mayor Schauer seconded the motion. The vote on the motion was: • Ron T. Mackail - for Elizabeth A. Schauer - for Joseph N. Capretta - for Carl C. Hansen - for Michael R. Meder - for The motion was therefore passed and adopted. E. Landscape Ordinance No. 377 Plan Review; Landscape Waiver Request; Tequesta Agency, 393 Tequesta Drive. Parker- Yannette Design Group, Landscape Architect. Chuck Yannette, Landscape Architect, was present representing Tequesta Agency. Building Official Ladd reported this project had been tied to the Village Seabrook Road project, and that the applicant had had to relocate their hedge which was originally in the right- of-way, and that there was a very tightly configured parking one way in and one way out. Mr. Ladd reported that the main issues arose on Dover Road, where a reduction in the width of the ingress/egress was agreed to by the applicant. Also, the applicant had requested • that they be allowed to remove their dumpster since they did in-house recycling and trash handling. They had • Village Council Meeting Minutes October 10, 1996 Page 16 subsequently removed the dumpster and provided additional landscaping in that area. Mr. Ladd commented that a waiver was requested to provide zero percentage of plants indigenous to Florida rather than the 60% required. Mr. Ladd expressed concern that the Community Appearance Board was not typically concerned with this requirement; and explained that he felt that when plants were being added they should be native, so that at least some were native. Mr. Ladd explained that there were several reasons that requirement had been placed into Ordinance 377: water conservation, Xeriscape techniques adopted through the South Florida Water Management District, Xeriscape Plant Guide II, as well as several water conservation elements in the Village Comprehensive Plan which called for the Village in all cases to encourage people to use native • drought resistant plants. Therefore, Mr. Ladd commented, he had always felt that people should gradually try to work toward the 60~ requirement. Mr. Yannette explained that using a native plant did not always mean it was the best plant for the situation or that you would necessarily save water; also, native plants did not occur naturally around asphalt or parking lots. In this instance, Mr. Yannette had desired to work with plants similar to the existing plant palette which had been there for many years, and the perimeter Viburnum hedge had been chosen because it was a very tough plant which could survive in the narrow space available and was very drought tolerant plant. Mr. Yannette commented that all of the plants used were drought tolerant but just did not happen to be natives. Vice Mayor Schauer requested an explanation of the safe sight lines shown on the plans, to which Mr. Yannette responded that plants were kept low in those areas to allow drivers at the intersection to see oncoming traffic. Mr. Ladd verified that the applicant understood that the area where the asphalt was cut to narrow the entryway and • where the dumpster sat would be sodded with Floratam grass. • Village Council Meeting Minutes October 10, 1996 Page 17 ------------------ Councilmember Hansen made a motion to approve the Landscape Ordinance 377 Plan Review and Waiver Request for Tequesta Agency, 393 Tequesta Drive. Councilmember Meder seconded the motion. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer - for Joseph N. Capretta - for Carl C. Hansen - for Michael R. Meder - for The motion was therefore passed and adopted. IX. NEW BUSINESS • A) Consideration of Village Council Appointment to Employees' Pension Trust Fund. (Staff Recommends Approval) Village Manager Bradford explained that Councilmember Hansen had volunteered to be the final Village Council appointment to the Board. The Village Manager stated that he hoped the Board would be amenable to inviting Mr. Sharpless to sit on the Board, and requested that item be added to the agenda for the next meeting. Mayor Mackail made a motion to appoint Carl C. Hansen to the Employees' Pension Trust Fund. Councilmember Meder seconded the motion. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer - for Joseph N. Capretta - for Carl C. Hansen - for Michael R. Meder - for The motion was therefore passed and adopted. • B) Resolution No. 1-96/97 - Accepting the Terms and • Village Council Meeting Minutes October 10, 1996 Page 18 ------------------ Conditions of the Emergency Medical Services (EMS) Award Grant with the Palm Beach County Board of County Commissioners, Palm Beach County, Florida, for any Monies Received from Grant Applications Completed for 1996 Acceptance of Which will Expand and/or Improve the Fire Department's Emergency Medical Services Division and Will Not be Used to Supplant the Village's Existing Budget Allocation' Authorizing the Village Manager to Enter into Such Agreement for any Grants Received. (Staff Recommends Approval) Attorney Hawkins read Resolution No. 1-96/97 by title only. Fire Chief Weinand explained that Palm Beach County required that this language be adopted before acceptance of any grants. • Councilmember Meder made a motion to approve Resolution No. 1-96/97. Vice Mayor Schauer seconded the motion. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer - for Joseph N. Capretta - for Carl C. Hansen - for Michael R. Meder - for The motion was therefore passed and adopted. C) Consideration of Bid Award to Wheeled Coach, Industries, Inc., of Winter Park, Florida, for the Purchase of One (1) Type I Ambulance and One (1) Type III Ambulance, "Piggy-Backing" the Town of Palm Beach Bid for Same, to Enable the Village of Tequesta to Begin Ambulance Transport Effective January 1, 1997, Having a FY 96/97 General Fund Budget Allocation of $0, with Said Funding Not Needed Until FY 97/98. (Staff Recommends Approval) Mayor Mackail requested that the basis to move forward be • explained in light of Councilmember Capretta's report • Village Council Meeting Minutes October 10, 1996 Page 19 ------------------ earlier in the meeting regarding his meeting with Jupiter hospital and their indication that the hospital and ambulance services were not going to be sold so that ambulance services would continue to be available for the Village. Chief Weinand explained that time frames were a problem; that originally the Village had intended to contract with the hospital for ambulance service and had been told by Ms. Schutte at the EMS office that would be allowed; however, when asked to state that permission in writing, Mr. Butterfield had responded in a letter that the Village must have ambulances and personnel ready. Chief Weinand stated that he understood the Village Attorney had contacted Ms. Schutte at the EMS office again, and she had said it could be done, so that there was still confusion over that issue. Chief Weinand explained that the problem was the deadline to have everything done by January 1, 1997. • Councilmember Capretta discussed the request he had made to the hospital's Board that in the event the ambulance service was sold that they would give Tequesta back two ambulances and the facility, which the Board was to act on at their October 18 meeting. Councilmember Capretta explained that he was trying to find a way to make it possible for the Village to go into business at the point the hospital's ambulance service was sold instead of at the present time. Councilmember Capretta requested that this matter be delayed until October 18 to see what the hospital Board did, and that if they refused to give the Village a letter, then to proceed with purchasing ambulances. Councilmember Capretta requested that the Village Attorney proceed with obtaining clarification of the County's position. Councilmember Meder indicated that he was in favor of going into the transport business, since he believed that the Village could provide better service to the residents at a lower cost; that there was no reason to expose the residents to the risk of what might happen in the event the ambulance service was sold; and that money would be saved since the fire truck would not have to respond to • each call. Councilmember Meder expressed his opinion that this program would pay for itself over a few years • Village Council Meeting Minutes October 10, 1996 Page 20 and pointed out that the numbers for the new bid were reduced approximately $30,000 over the original cost estimate. Councilmember Meder commented he would not trust assurances from the County that they would allow the Village to proceed in two years and stated that he believed the Village should move forward with ambulance service at this time. Councilmember Hansen expressed concern that the hospital's Board might not give a definite answer on October 18, and he was in favor of moving ahead since the figures showed that the Village would make money. Chief Weinand explained in response to a question from Vice Mayor Schauer that according to the letter from Mr. Butterfield, the Village would have to have ambulances in place at the time the hospital sold their ambulance • service in order to be able to begin transport, and at that time the transport business would be open to anyone. Village Manager Bradford commented that the purchaser of the hospital's ambulance service would want to continue to be the provider for the Village, and that Chief Weinand's point was that the new purchaser would have to seek the license again. Vice Mayor Schauer expressed concern that the residents could be exposed to some risk according to how future events transpired, indicated that she believed the Village owed it to their residents to go into the transport business at this time, and requested that the Village make sure their rates were lower than those of Palm Beach County. Mayor Mackail requested that Chief Weinand call Palm Beach County to obtain the refund Tequesta should have received when Jupiter's contract to reduce their fire rates was negotiated. Mayor Mackail expressed his position in favor of going into the transport business at this time, and questioned the new response protocol. Chief Weinand responded that three vehicles would be ALS equipped--two ambulances and one fire truck--and that probably 60o of the time the fire truck would not be needed. Chief Weinand explained that this would allow • units to be placed into service quicker. Chief Weinand stated that the current response time was 3.48, that • Village Council Meeting Minutes October 10, 1996 Page 21 average calls were 2-3 per day, and that backup would be first from Martin County and then from MedCom. Councilmember Hansen questioned that the vehicle cost was cheaper for heavy duty models. Chief Weinand explained that heavy duty chassis had come out approximately four years ago, which were preferable, and that the Village bid would be for the heavy duty chassis models, although there were cheaper ones on the market. Chief Weinand responded affirmatively to Councilmember Hansen's concern that the time frame from the present date to January 1, 1997 was sufficient time to comply with all requirements and inspections. Mayor Mackail questioned whether delay until October 18 to find out the hospital Board's position would be a problem, to which Chief Weinand responded that eight days delay would not hurt the process, however, if a decision were delayed to • the November Village Council meeting that there would not be sufficient time to meet the January 1 deadline. Mayor Mackail commented that he hoped staff clearly recognized the need for more facilities and was working on that. Councilmember Capretta commented that he hoped the Village did not decide to start its own army, navy and air force next, and that Mr. Buckwalter of the Jupiter Courier could use that as a headline. Councilmember Meder made a motion to approve the Bid Award amended to replace Town of Palm Beach Bid with Highlands County Bid, in the amount of $172,182. Councilmember Hansen seconded the motion. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer - for Joseph N. Capretta - against Carl C. Hansen - for Michael R. Meder - for The motion was therefore passed and adopted. Village Manager Bradford announced that there would be a Finance and Administration Committee meeting before the • Village Council Meeting Minutes October 10, 1996 Page 22 November 14 Village Council meeting to review the financing proposal for the ambulance package, and that the Village Council would decide the financing package at their November 14 meeting for the purchase just approved. D. Consideration of Palm Beach County Municipal Survey of Interest in Broadcasting Village Council Meetings on Channel 20, Palm Beach County's Government and Education Station. Mayor Mackail explained that the cost of televising the Village Council meetings would be $250 an hour. Village Manager Bradford commented that Channel 20 had been contacted to determine whether there would be any additional costs, and that the answer was that the $250 would include Channel 20 setting up for meetings, furnishing all equipment for recording and rebroadcast • later. Councilmember Meder indicated that he was in favor of televising the meetings so that residents who were unable to attend could watch from their homes. Councilmember Hansen stated that he was not really against the proposal; however, expressed concern that there might not be sufficient payback for the investment, which could be $1,000 per month, because he was unsure how many people would actually watch. Councilmember Capretta commented that the proposal was a good idea, and might lead to shorter meetings. Vice Mayor Schauer indicated approval, and inquired where the money would come from to pay the $250 per hour. Mayor Mackail suggested that the Village Clerk put an article into the newsletter to find out if there was any interest by residents, and indicated that he was in favor of the proposal so long as it did not become a cost that the Village could not afford to maintain. Councilmember Hansen commented that meetings might be longer since everyone might want to be on TV. Mr. Meder stressed how important it was to get residents involved in government. It was the consensus of the Village Council that the • Village Manager should proceed with this matter. Village Council Meeting Minutes October 10, 1996 Page 23 ------------------ XII. UNFINISHED BUSINESS A. Ordinance - Second Reading - Amending Ordinance No. 518 so as to Clarify Same; Providing for Severability; Providing for Repeal of Ordinances in Conflict; Providing for Codification; Providing an Effective Date. (Staff Recommends Approval) Attorney Hawkins read the above ordinance on Second Reading by title only. • In response to a question from the public, Village Manager Bradford explained that this ordinance was in regard to the Employee's Pension Trust Fund, and clarified that the previous ordinance adopted on July 30 did not abolish the former Firefighters Pension Plan but merely merged it into the new Employee's Pension Trust Fund. Vice Mayor Schauer made a motion to approve the above ordinance on second reading by title only. Councilmember Hansen seconded the motion. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer - for Joseph N. Capretta - for Carl C. Hansen - for Michael R. Meder - for The motion was therefore passed and adopted. • B) Ordinance - Second Reading - Amending Section 6.5-3 so as to Provide for the Fire Chief to be the Civil Defense Director; Providing for Severability; Providing for Codification; Providing for the Repeal of Conflicting Ordinances; Providing an Effective Date. (Staff Recommends Approval) Attorney Hawkins read the above ordinance on Second Reading by title only. • Village Council Meeting Minutes October 10, 1996 Page 24 ------------------ Vice Mayor Schauer made a motion to approve the above ordinance on second reading by title only. Councilmember Meder seconded the motion. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer - for Joseph N. Capretta - for Carl C. Hansen - for Michael R. Meder - for The motion was therefore passed and adopted. C) Ordinance - Second Reading - Repealing Ordinance No. 515 of the Village; Amending the Code of Ordinances at Chapter 2, Article IV, Relating to Boards and Commissions by Creating a New Division 2, Providing for the • Appointment of a Special Master to Hear Code Enforcement Matters; Providing for Code Enforcement Procedures; Providing for 5everability; Providing for Repeal of Ordinances in Conflict; Providing for Codification; Providing an Effective Date. ((Staff Recommends Approval) Attorney Hawkins read the above ordinance on Second Reading by title only. Councilmember Meder made a motion to approve the above ordinance on second reading by title only. Councilmember Hansen seconded the motion. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer - for Joseph N. Capretta - for Carl C. Hansen - for Michael R. Meder - for The motion was therefore passed and adopted. XIII. ANY OTHER MATTERS • Village Manager Bradford indicated that item 7 had been • Village Council Meeting Minutes October 10, 1996 Page 25 ------------------ pulled and that the appropriate change in regard to ambulances had been made. Vice Mayor Schauer reported that she had received no complaints regarding the recent work on Dover Ditch, and had received one compliment; commented how pleased she was; and thanked staff for their work. Councilmember Hansen commented that approximately a year ago K-Mart had completed their expansion on County Line Plaza, and at that time the Village Council had been extremely concerned with the appearance of that shopping center and had been quite tough on the manager to accomplish changes required to meet Ordinance 377. Councilmember Hansen reported that the landscaping really looked nice and it was now a pleasure to go there; and commented that he believed Ordinance 377 had accomplished • much good for the Village. Councilmember Hansen also commented that it was hard to be tough; however, it had paid off by creating a more attractive Village. Councilmember Hansen expressed his opinion that things done in the business sector and in new construction had been very good; however, stated that the Village was not doing so well in regard to residential Code Enforcement. Mr. Hansen reported that he had attended a recent TECCA Board meeting and that several members of that Board had indicated they did not think the Village was doing a good job of enforcing codes. Councilmember Hansen stated that it was his hope that the Special Master system would address these problems and they would be corrected. Councilmember Meder commented that he believed the codes in the Rl-A District mirrored the rules of the Homeowners Association in the Country Club, and that the Homeowners Association was empowered to enforce its regulations; and therefore questioned why that enforcement burden should be borne exclusively by the Village Police Force. Village Manager Bradford explained that most Homeowner Associations failed because their regulations became outdated and many times the Condominium documents could only be changed by obtaining 1000 approval of all the • owners, which was almost an impossibility. Councilmember Meder indicated that the Village code had been updated to • Village Council Meeting Minutes October 10, 1996 Page 26 ------------------ match the TECCA regulations and that TECCA still had authority to enforce their rules, which they should do if they felt that the Village was not doing an adequate job. Village Manager Bradford indicated that the only change made by the Village had been parking of motor vehicles and storage of equipment on the side yard of a property; so that he believed it would be safe to say that in terms of vehicular parking of recreation vehicles that the Code was amended to mirror the Homeowners Association covenants and deed restrictions, however, in terms of other rules he was not sure if that would be the case. Councilmember Meder questioned whether the Village Codes were more or less restrictive than those of TECCA in regard to other rules. Village Manager Bradford responded that TECCA regulations were probably more restrictive. Councilmember Meder then concluded that if TECCA would enforce their regulations more vigorously, • their properties could look much better. Councilmember Hansen explained that he had referred also to all the Village properties, not just the Country Club. Councilmember Hansen also commented that the Homeowners Associations really had no teeth to enforce their regulations and had been happy when Officer Davis had begun his work. Councilmember Meder questioned when the Comprehensive Plan books would be returned. Building Official Scott D. Ladd reported all changes had been made and the books were ready to be distributed to the Councilmembers. Vice Mayor Schauer suggested that the Councilmembers go to Mr. Ladd's office to pick up their books. In response to the proposed Constitution Village Clerk installed in playground. Councilmember Meder's question regarding plaque to dedicate the playground at ?ark to the memory of Christina Holt, Manganiello reported that it had been the northeast corner of the large Mayor Mackail announced a mediation meeting to be held at the Jupiter High School cafeteria at 6:30 P.M. October • 16, 1996, and expressed how important it was for residents to attend that meeting, and to participate in • Village Council Meeting Minutes October 10, 1996 Page 27 this process which could affect the future regional roads in the North County area. Councilmember Meder reported from his attendance at a meeting with Country Club Drive residents that he believed a lot more Tequesta residents would be attending the next mediation meeting, that the residents were still very concerned about the future of Country Club Drive and did not want to see any deterioration in the situation, and felt that it was important the obstinance of Jupiter in not participating be resolved. Councilmember Meder called for help from the Jupiter Courier to shame Jupiter into coming to the mediation meetings. Councilmember Hansen commented that the three participants at the first mediation meeting had been very disappointed that Jupiter had chosen not to participate. Mayor Mackail urged that everyone try to get residents to attend. Councilmember Capretta commented that an updated list of residents who wanted to attend • had been provided to the Country Club residents, and Councilmember Meder verified that the list had been available at the meeting. Councilmember Hansen commented that if this meeting had been televised that it would have cost $625. XII. ADJOURNMENT Councilmember Meder moved that the meeting be adjourned. Councilmember Hansen seconded the motion. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer - for Joseph N. Capretta - for Carl C. Hansen - for Michael R. Meder - for the motion was therefore passed and adopted and the meeting was adjourned at 9:25 P.M. • Village Council Meeting Minutes October 10, 1996 Page 28 ------------------ Respectfully submitted, ~ ~~ ~~~' `~ ~ ,~ ~ ~ C Betty Laur Recording Secretary • ATTEST: J ann Mangani to Village Clerk DATE APPROVED: `~~~~ ~ ~ ~99~