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HomeMy WebLinkAboutMinutes_Regular_07/25/1996.7 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 JULY 25, 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, July 25, 1996. The meeting was called to order at 7:03 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, and Michael R. Meder. Also in attendance were: Village Manager Thomas G. Bradford, Village Attorney John C. Randolph, Village Clerk Joann Manganiello, and Department Heads. Councilmember Carl C. Hansen was out of town. Mayor Mackail congratulated Tequesta Olympic champion Ryan Berube. II. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Meder 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: Vice Mayor Schauer requested that item XI (F) be pulled from the Consent Agenda. • Recycled Pnper • Village Council Meeting Minutes July 25, 1996 Page 2 --------------- The following additions were requested under ANY OTHER MATTERS: Vice Mayor Schauer requested addition of (1) Possibility of a CPR class to be held by Fire Rescue at the Recreation Center; (2) The Village Manager's salary increase; and (3) ENCON. Village Manager Bradford requested addition of (1) Village Council feedback to a letter from the Divosta organization regarding the Lighthouse Plaza demolition; (2) Discussion from the Village Council relative to the ENCON issue. The Village Manager also requested amendment of Agenda Item XI (J) to change the rollback rate of 6.2226 per the Property Appraiser's office. Village Attorney Randolph requested addition of Consideration of Declaring Zoning in Progress in regard to ACLFs and ECFs. Councilmember Meder questioned whether the amendment to the rollback rate would require Item XI (J) to be pulled from the Consent Agenda, to which the Village Manager responded that would not be necessary if everyone would note the • numerical change. Councilmember Meder made a motion to approve the Agenda as amended. Vice Mayor Schauer seconded the motion. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer - for Joseph N. Capretta - for Michael R. Meder - for The motion was therefore passed and adopted and the Agenda was approved as amended. IV. COMMUNICATIONS FRiOM CITIZENS (NON-AGENDA ITEMS) Alec Cameron, 1 Garden Street, reported in his capacity as Vice President of Tequesta Gardens Condominium Association, that their Board of Directors had considered the impact of Constitution Park on their community, and that they had no problems, it was very attractive, and their people were using it. Their Board of Directors had commented that a • much larger sign was needed regarding bike, skateboard, and roller blade rules; and that they were happy with the park • Village Council Meeting Minutes July 25, 1996 Page 3 --------------- as it is but would take great umbrage to substantial additional facilities and/or changes in the operating hours, etc. IV. PUBLIC HEARING A) Resolution No. 29-95/96 - Approving the 1996/1997 Solid i~Taste Collection Services Assessment Roll; and Adopting the Assessment Rates. (Staff Recommends Approval) 1) Resolution Read by Title Village Attorney Randolph read Resolution 29-95196 by title only. • 2) Overview of Resolution Finance Director Bill Kascavelis provided an overview of the Resolution and explained that when this item had been added to the ad valorem tax rolls that a 1~ collection fee from the tax collector and approximately 3-1/2°s reduction in the amount to be paid by early payment had been incorporated. Therefore, the rate had remained at the minimum 3.2~ increase, and the amounts stated in the Resolution were the increased amounts for the annual fee for this service. 3) Village Council and Public Comments. There were no comments from the Village Council or from the Public. 4) Motion to Adopt/Reject Resolution Councilmember Meder made a motion to adopt the Resolution 29-95/96. Vice Mayor Schauer seconded the motion. The vote on the motion was: • Ron T. Mackail - for . Village Council Meeting Minutes July 25, 1996 Page 4 Elizabeth A. Schauer - for Joseph N. Capretta - for Michael R. Metier - for The motion was therefore passed and adopted. VI. PRESENTATIONS AND PROCLAMATIONS Mayor Mackail announced that this item would be delayed until the arrival of employee Marvin Brown. VII. CONSENT AGENDA All items listed with an asterisk (*) are considered to be routine and will be enacted by one motion. There will be no • separate discussion of these items unless a Village Councilmember so requests, in which event, the item will be removed from the Consent Agenda of Business and considered in its normal sequence on the Agenda. The following items were listed on the Consent Agenda: VIII. APPROVAL OF MINUTES AND REPORTS *A) Board of Adjustment; April 15, 1996 *B) Village Council Meeting; June 13, 1996 *C) Special Village Council Meeting; June 27, 1996 *D) Special Village Council Meeting; July 2, 1996 *E) Special Village Council Meeting; July 5, 1996 *F) Village Manager's Report; June 10, 1996 - Ju1y 19, 1996 XI. NEW BUSINESS *B) Consideration of Approval of Contract with Dailey and Associates, Inc., of Jupiter, Florida, in the Amount of $10,650 for Mapping Services, with Funding Provided from the . Planning Division Mapping Account (Current Balance $13,875) and Authorizing the Village • Village Council Meeting Minutes July 25, 1996 Page 5 --------------- Manager to Execute the Same on Behalf of the Village. (Staff Recommends Approval) *G) Consideration of Bid Award to AKA Services, Inc., of West Palm Beach, Florida, in the Amount of $88,260 for Maintenance Dredging of the Dover Ditch, Having an FY 1996 Capital Improvement Fund Budget Allocation of 5110, 000. (Staff Recommends Approval) *J. Adoption of the Computed Rolled-Back Millage Rate (6.2226) to be Provided to the Property Appraiser in Accordance with F.S. 200.065. (Staff Recommends Approval) *K. Adoption of the Date, Time, and Place of the • First and Final Budget Hearings to Consider the Proposed Millage Rate and Tentative Budgets. (Staff Recommends Approval) 1) First Public Hearing - September 12, 1996, 7:00 P. M. ; Village Ha11, 357 Tequesta Drive, Tequesta, Florida. 2) Second Public Hearing - September 24, 1996, 7:00 P. M. ; Village Ha11, 357 Tequesta Drive, Tequesta, Florida. *L. Consideration of Approval for Payment of Legal Fees in the Amount of 5659.15 to Pickett, Fanelli & O'Toole, P. A. for Forfeiture Proceedings on 1995 Chevy Pick-Up Truck, to be Paid from the Special Law Enforcement Trust Fund Account. (Staff Recommends Approval) Motion was made by Vice Mayor Schauer to approve the Consent Agenda as amended by the deletion of item XI (F). The motion was seconded by Councilmember Mader. The vote on the motion was: • Village Council Meeting Minutes July 25, 1996 Page 6 --------------- Ron T. Mackail - for Elizabeth A. Schauer - for Joseph N. Capretta - for Michael R. Meder - for The motion was therefore passed and adopted and the Consent Agenda was approved as amended. XI. F) Consideration of Bid Award to Worley Roofing, Inc. Of Jupiter, Florida, in the Amount of $33,000 for the Re-roofing of the Tequesta Recreation Center, Having a Capital Improvement Fund Budget Allocation of $44,000. (Staff Recommends Approval) Vice Mayor Schauer questioned that the bid provided by Harold Turner Roofing bid had indicated that • there would be an extra charge for any replacement of wood or painting, while the Worley Roofing bid had not addressed those items. Gary Preston, Director of Public Works, explained that Worley had gone beyond the proposal, and that any bad wood would be replaced. The Vice Mayor indicated her approval of the 5-year guarantee. Motion was made by Vice Mayor Schauer to approve Item XI(F). The motion was seconded by Councilm~nber Meder. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer - for Joseph N. Capretta - for Michael R. Meder - for The motion was therefore passed and adopted. IX. COMtriITTEE REPORTS A) Public Safety Committee; June 6, 1996 Village Manager Bradford reported that the Public • Safety Committee had discussed the disposal of the • Village Council Meeting Minutes July 25, 1996 Page 7 property located at 370 Maple Avenue secured by the Village via foreclosure. The Committee's recommendation had been to set the minimum sealed bid at $12,000, to use the sealed bid process with the minimum $12,000 bid, with a specific contract having conditions and time frames for dry-in and other certain key construction milestones to assure the Village that the structure would be rebuilt on a timely basis. Other discussion at the meeting was in regard to the Zoning Ordinance amendment for specific medical hardship, and consideration of a draft ordinance in response to a vote taken by the Village Council in October 1995. The Public Safety Committee recommended that no changes be made to the Zoning Ordinance and that no amendments be made relating to specific medical hardships. Discussion of a Village Representative to replace former. Vice Mayor Burckart as NAMAC • representative and to represent the newly merged NAMAC Police and Fire organization had resulted in the appointment of Mayor Mackail. Motion was made by Councilmember Mader to approve the report of the Public Safety Committee meeting of June 6, 1996. The motion was seconded by Vice Mayor Schauer. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer for Joseph N. Capretta - for Michael R. Mader - for The motion was therefore passed and adopted. X. DEVELOPMENT MATTERS A) Special Exception Public Hearing and Site Plan Review, Including Landscape Ordinance No. 377 Waiver Request, for Proposed Tequesta Water Department/Public Works Garage Facility, 136 Bridge Road. Thomas C. Hall, • Water System Manager, Applicant on behalf of Tequesta Water Department. (A QUASI JUDICIAL HEARING) • Village Gouncil Meeting Minutes July 25, 1996 Page 8 1} Swearing-in of Witnesses, If Required Village Clerk Joann Manganiello conducted the swearing-in of all those who wished to speak during this Hearing. 2) Testimony of Witnesses and Cross Examination, if Any Tom Hall, applicant on behalf of the Village, distributed a copy of the traffic study to each member of the Village Council. Mr. Hall pointed out that a memo from Building Official Scott D. Ladd indicated the proposed use was valid, the proposed facility was to be operated so that public health and safety would not be affected, there should be no adverse effect on the value of • surrounding properties, the use was compatible with adjacent development in the C-2 District, landscaping and screening would be provided for the project as shown on the landscape drawings, off- street parking and loading was provided in excess of Code requirements, ingress and egress was provided and would cause minimal interference with existing traffic patterns, and the use conformed to all applicable regulations within the C-2 Zoning District. Mr. Hall explained that one landscape waiver had been requested which was to waive the 4- foot requirement around the perimeter of existing buildings, since that type of landscaping would be prohibitive for this use. Mr. Hall commented that the remainder of the property would exceed landscape requirements. Building Official Ladd explained that only the northern half of the property would be landscaped; that water piping, valves, etc., were located on the other half of the property, which was not a part of this phase. This area would be kept clean and would be available for future use by the Village. Councilmember Meder questioned whether • the Village would allow other applicants to only • Village Council Meeting Minutes July 25, 1996 Page 9 --------------- landscape half of their property and whether this would set a precedent. Mr. Ladd explained that in many other cases the landscaping requirements had not actually been waived, but had been phased up to five years, and several had been approved with similar large grass areas. Mr. Ladd commented that the only missing requirement was for trees to be planted every 34 feet on center around the property line, and possibly a hedge. The area which was proposed to not be landscaped backed up to Rinker, Nozzle Nolen, and the back of a Jupiter shopping center, which were uses either as intense or more intense than that of the Village. 3) Disclosure of Ex-Parts Communication There were no ex-parts communications reported. • 4) Finding of Fact Based Upon Competent, Substantial Evidence: a) Motion to Approve/Deny Special Exception Use Mayor Mackail passed the gavel to Vice Mayor Schauer and made a motion to approve the Special Exception Use. Councilmember Mader seconded the motion. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer - for Joseph N. Capretta - for Michael R. Mader - for The motion was therefore passed and adopted. b) Motion to Approve/Deny Site Plan Mayor Mackail made a motion to approve the Site Plan. Councilmember Mader seconded the motion. The vote on the motion was: n U • Village Council Meeting Minutes July 25, 1996 Page 10 Ron T. Mackail - for Elizabeth A. Schauer - for Joseph N. Capretta - for Michael R. Meder - for The motion was therefore passed and adapted. c) Motion to ApprovejDeny Landscape Waiver Request Vice Mayor Schauer passed the gavel to Mayor Mackail and made a motion to approve the Landscape Waiver Request. Councilmember Capretta seconded the motion. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer - for • Joseph N. Capretta _ for Michael R. Meder for The motion was therefore passed and adopted. XI. NEW BUSINESS (A) Establishment of Village Council Priorities for Fiscal Year 96j97. Village Manager Bradford explained that the top priorities as established by the Village Council were as follows, ranked in priority order, and that two items had tied for second ranking, and four items had tied for fourth ranking: 1) To implement facilities for the Village office staff, Police, Fire, and how to pay for it; 2) Increase the cost of holding vacant land; 2) Build RO facility and provide future water needs for Village of Tequesta - Complete financing and • also start construction ASAP; • Village Council Meeting Minutes July 25, 1996 Fage 11 --------------- 3} Jupiter water lawsuit; 4) Maintain stable tax base, increasing property values by investing back into our Village - the future of our community is with the people who live here. The future is now; 4) Provide leadership - secure property for a new cultural, civic building - primarily Lighthouse Gallery and Coastal Players. 4) Improve drainage via implementation of stormwater utility. 4) Continue attempt to limit ad valorem tax increases to as little as possible, and if possible, no tax increases while we secure financing for new Village • facilities and reverse osmosis water. After Village Manager Bradford had suggested combining items, discussion ensued regarding other ways to arrive at five top priorities. Councilmember Capretta suggested that the items regarding maintaining a stable tax base and limiting the ad valorem taxes could be eliminated since they were both general items which the Village Council always attempted to accomplish and were not action specific items like the others. During further discussion, Councilmember Meder explained that he objected to the item regarding providing leadership in securing property for a new cultural and civic. building for Lighthouse Gallery and Coastal Players since he did not believe the Village should build facilities for non-profit private enterprises, but that the Village should cooperate with those organizations. Councilmember Meder stated that he felt the Village had enough on its financial plate with the R/O plant, upcoming bridge improvements, etc. Vice Mayor Schauer explained that her intent was not to give those organizations money but to help them find facilities so that they would stay in Tequesta. • Councilmember Meder suggested that the Village could help by waiving fees if a Tequesta site were found by . Village Council Meeting Minutes July 25, 1996 Page 12 --------------- the cultural organizations. Councilmember Capretta reminded the Village Council to keep in mind what they were really doing, which was to establish priorities that could be accomplished by them and by the Village Manager over the next year, and that the item under discussion, although a priority, was probably not appropriate as one of the top five. Vice Mayor Schauer explained that she had suggested this priority since BRITT had left, in order to keep the other cultural organizations in Tequesta, and that people liked the Village because of Lighthouse Gallery. The Vice Mayor explained that the wording "secure property" did not mean to spend money. Councilmember Capretta suggested that this item also be deleted as a possibility for one of the top five priorities. Village Manager Bradford commented that under this • proposal, which would make the Jupiter water lawsuit number 4, it must be understood that he could not provide monthly status reports because it was attorney/client privileged information, and the Councilmembers would be kept informed through the continuing attorney/client meetings. Councilmember Meder commented that the Village Council could still consider the Village Manager's performance in that matter on behalf of the Village Council. Councilmember Capretta commented that this item was also on the Village Attorney's priority list. Vice Mayor Schauer made a motion to approve the following top five priorities: 1) To implement facilities for the Village office staff, Police, Fire, and how to pay for it; 2) Increase the cost of holding vacant land; 3) Build RO facility and provide future water needs for Village of Tequesta - Complete financing and also start construction ASAP; • 4) Jupiter water lawsuit; . Village Council Meeting Minutes July 25, 1996 Page 13 --------------- 5) Improve drainage via implementation of stormwater utility. Motion was seconded by Councilmember Meder. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer - for Joseph N. Capretta - for Michael R. Meder - for The motion was therefore passed and adopted. VI. PRESENTATIONS • Mayor Mackail that three ems Crew Leader; former Police AND PROCLAMATIONS announced that Marvin Brown had arrived, and >loyees were retiring: Mr. Brown, Public Works Meta O'Connell, Accounting Clerk III; and Chief Carl Roderick. Village Manager Bradford explained that Carl Roderick had already begun his retirement in Georgia, where he had purchased a house; and that both he and Mr. Brown had taken advantage of the Village's. early retirement incentive offer. Village Manager Bradford commented that Mrs. O'Connell would be moving to Utah, and that these were three very fine employees who would be missed by the Village. A) Presentation of Proclamation of Appreciation to Marvin Brown Upon His Retirement as Public Works Crew Leader. The Village Manager stated that he wished to read into the record a letter published recently in the Letters to the Editor section of the Jupiter Courier so that everyone could think about it. The letter was entitled "Minorities Deserve Recognition" and was read into the record as follows: Editor: Too many times minorities • are not recognized for the work they have done in their • Village Council Meeting Minutes July 25, 1996 Page 14 --------------- profession. Over the past few weeks, your newspaper has covered the story of the people who are retiring in the north County. Only once has your paper mentioned a Mr. Marvin Brown, retiring Crew Chief of the Village of Tequesta. Maybe his salary was only a small part of the operating budget of the Village; however, I for one know that the years of service he gave to the Village far exceeded the money they paid him. As a young black man trying to succeed in this world through the majority rule work force, I would like to say openly, Thank you, Mr. Brown, for showing me and other young men that we can overcome this harsh society and give dedicated years of service to one employer, even if we do not get fair recognition for doing so. Mr. Brown, your family, I hope, is happy to have a father, husband who has done his job and now looks forward to an • enjoyable retirement. Maybe some Village residents can now remember this man, not as the one who fixed potholes in your streets or the one who took care of your Village Ha11 when needed, but as one man who all minorities can say has gi ven time to you. Village Manager Bradford commented that the letter had been written by Stephen Hunter, who was present at tonight's meeting. Mayor Mackail presented Marvin Brown with a plaque and a watch, and read aloud the Proclamation of Appreciation which has been attached to and made a part of these minutes. B) Presentation of Proclamation of Appreciation to Meta O'Connell Upon Her Retirement as Accounting Clerk III. Mayor Mackail presented Mrs. O'Connell with a plaque and a watch, and read aloud the Proclamation of .Appreciation which has been attached to and made a part of these minutes. C) Presentation of Proclamation of Appreciation to Police • Chief Carl R. Roderick Upon His Retirement. • Village Council Meeting Minutes July 25, 1996 Page 15 --------------- Mayor Mackail read aloud the Proclamation of Appreciation which has been attached to and made a part of these minutes, and announced that the Village had a plaque and a watch for Mr. Roderick. XI. NEW BUSINESS (CONTINUED) C) Consideration of Designation of One Village Council Voting Delegate for the Florida League of Cities' Annual Convention, Boca Resort & Club, August 8-10, 1996. Councilmember Mader made a motion to appoint Mayor Mackail as the Voting Delegate for the Florida League of Cities' Annual Convention. Vice Mayor Schauer • seconded the motion. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer - for Joseph N. Capretta - for Michael R. Mader - for The motion was therefore passed and adopted. D) Resolution No. 30-95/96 - In Support of S. 1811 and H.R. 3551, Titled "The Shore Protection Act of 1996"; Urging the Bills' Quick Passage; and Providing for an Effective Date. (Staff Recommends Approval) Vice Mayor Schauer inquired whether Jupiter or Palm Beach County had supported this legislation, to which the Village Manager responded that he did not know. The Vice Mayor expressed concern regarding whether this legislation was a waste of taxpayers' dollars if one area would be restored exclusive of other areas. Bill Griffin, Village of Tequesta Representative to the Countywide Beaches and Shores Council, explained that he fully supported this resolution. Mr. Griffin • commented that last year the Corp of Engineers had been • Village Council Meeting Minutes July 25, 1996 Page 16 --------------- directed by the Federal Administration not to request funding for new State shore protection projects, and the State legislature had now taken a position of appropriating shore protection funds only when Federal funds were available for a project. Mr. Griffin explained that in February, Tequesta had passed a resolution requesting the State legislature to provide adequate funding to carry .out a statewide comprehensive beach management program and to fund any project where the Federal share was paid either by Federal or local governments. Mr. Griffin explained that the full burden of this type of work could not be supported by just State and County funds alone; and that beach erosion was an interstate problem and the Federal government should be directly involved in beach preservation projects on a nationwide basis. Mr. Griffin explained that the proposed legislation would • provide a safeguard against the potential for the federal government not to support this kind of work. Mayor Mackail commented that County representatives had updated the Municipal League in regard to the shortfall of County, Municipal, and Federal funding for beaches and shores; and that he would place Mr. Griffin's name on the mailing list to receive information regarding that issue. Mayor Mackail explained that one proposal discussed at the Municipal League's meeting was that municipalities not on the coast should be required to contribute. Vice Mayor Schauer made a motion to approve Resolution 30-95/96. Councilme~nber Med®r seconded the motion. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer - for Joseph N. Capretta - far Michael R. Meder - for The motion was therefore passed and adopted. E) Consideration of Village Council Appointments to the • Village Council Meeting Minutes July 25, 1996 Page 17 --------------- Code Enforcement Board Mayor Mackail stated that he had serious reservations in regard to appointing a Task Force, and would comment on that later. Vice Mayor Schauer reported that she had spoken to many residents who had objected to the cost of a task force until after the Special Master system had been in place for awhile to see how it would work and to see if a task force was needed. The Vice Mayor indicated that after deliberation she had agreed with the residents , since so much time and money had been expended by the Country Club Drive Task Force, and the Village was operating on a tight budget. Vice Mayor Schauer questioned whether the Special Master would be allowed to contact the Village Council regarding inadequacies • found in the Code. The Village Attorney explained that the Special Master would communicate any legal issues to his office; and Village Manager Bradford indicated that if there were problems that staff would report them to the Village Council. Vice Mayor Schauer indicated her desire to table this matter at this time until after the Special Master system had been in operation for a period of time. Councilmember Capretta commented that there was a question of whether the Village Council wanted to expand Codes for minimum property standards over time and also a question of who should audit or monitor existing Codes. Councilmember Capretta expressed the opinion that it was the job of the Public Safety Committee to monitor the existing codes and therefore should be provided feedback on a regular basis from the Code Enforcement Officer, from the Special Master, and from staff. Village Attorney Randolph explained that the Special Master would not recommend a certain color of paint, for example, since that would be a policy decision made by the Village Council; however, the Special Master might report that because of the vagueness of a certain Code it was difficult to obtain • convictions. Councilmember Capretta recommended a report to the Public Safety Committee on a regular • Village Council Meeting Minutes July 25, 1996 Page 18 --------------- basis. After a 6-month trial if a lot of problems were found with ordinances, then an advisory group could be appointed to determine how the system could be improved. Councilmember Capretta commented that Code Enforcement Officer Davis was probably the best choice to provide feedback to the Committee since he was most knowledgeable from his day-to-day work on the jab. Mayor Mackail expressed concern that a task force would find working on the Code book an overwhelming and monumental task, and that staff did not have time to provide education regarding changes. The Mayor commented that he believed the present Code was very well intended and very appropriate, and had been formulated over time from concerns expressed by the citizens. Mayor Mackail stated that he was not in favor of appointing a task force. • Mayor Mackail passed the gavel to Vice Mayor Schauer. Mayor Mackail made a motion to rescind the previous resolution to create the Code Enforcement Task Force and to put this issue to rest once and for all. Vice Mayor Schauer passed the gavel to Councilmember Capretta and seconded the motion. Discussion of the motion ensued during which Councilmember Meder questioned the cost of a Code Book. Village Clerk Manqaniello reported that a Code Book could cost from $150 to $175, plus the cost of supplements and a binder, bringing the total to approximately $200. Councilmember Meder explained he had not purchased a copy of the Code Book prior to becoming a member of the Village Council because of the prohibitive cost, and expressed concern that it was not available to the general public except by going to the Village Hall to study it. Councilmettiber Meder recalled that earlier in the year a motion had been made not to place a copy of the Code Book into the public library, and expressed his opinion that the public did not have ready access and that the Village Council should reconsider their previous action and should make a copy available to the • public. Councilmember Meder stated that there was a Village Council Meeting Minutes July 25, 1996 Page 19 --------------- lot of expertise in the Village which could be used if a task force were formed, and that he was in favor of involving as many people as possible in Village concerns to obtain fresh ideas. Mayor Mackail agreed that there was a lot of expertise, but all of his conversations with residents indicated that they had no problems with the code and if they had had a problem with a code they had contacted a Village staff member. Mayor Mackail expressed his opinion that the Codes were good, that of course they could be improved, however such a monumental task was not warranted in light of the already overburdened staff. The Mayor indicated that anyone was welcome to come to the Village Hall to read the .Code Book. Vice Mayor .Schauer expressed her agreement with Councilmember Capretta's proposal to obtain feedback on a regular basis regarding how the Special Master system was working, and if problems were found then to readdress this matter. The Vice Mayor reported that before she was on the Village Council, she had paid for a copy of an ordinance if she had a question about an ordinance., and other citizens could also do that. i• Councilmember Mader commented that approximately two months ago during discussion regarding creation of a task force to look at minimum property standards, his comments had been to give the Special Master system a chance to operate for a year or more to see if the standards really needed to be changed. Councilmember Mader commented that the size of the Code Book and the lack of its general availability made it difficult for the average citizen to know whether or not he was in violation of any codes, since he did not know what the codes were. Mayor Mackail commented that the general population had no problems with the code, and if a problem arose that staff was there to interpret it. Mayor Mackail reported that all residents to which he had spoken were against changing the codes and stated that he believed those residents were representative of • Village Council Meeting Minutes July 25, 1996 Page 20 --------------- the majority of residents in the community. Village Manager Bradford called for clarification of the motion. The motion was clarified to be a motion by Mayor Mackail to rescind Resolution No. 26-95/96, seconded by Vice Mayor Schauer. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer - for Joseph N. Capretta - for Michael R. Meder - for The motion was therefore passed and adopted. H) Authorization to Remove or Pave Over the Pavers at • Tequesta Entrance Way on Country Club Drive Pursuant to Tequesta Country Club Community Association Request. Village Manager Bradford explained that the request had been made by the Tequesta Country Club Community to remove or pave over the pavers because of the noise created when a car drove over them, and that the Village Council's authorization was sought for such a change since it had been a designed aspect of the project, intended to slow traffic. The Village Manager commented he did not know what the cost would be to remove or pave over the pavers. Vice Mayor Schauer commented that she and former Councilmember Earl Collings had been on the Public Works Committee at the time the Tequesta Country Club residents had requested the pavers, and that Gee and Jenson representative Al Oslund had stated that they might create a noise problem. The Vice Mayor stated that the Village had given the people what they wanted and now it could cost money to make the changes. George Marshall, 343 Country Club Drive, commented that he lived ten or twelve houses away and it was noisy, • however, it was much noisier when cars and trucks were speeding by, and the major problem was speeders. Mr. • Village Council Meeting Minutes July 25, 1996 Page 21 --------------- Marshall requested that something be done about the speeders. Councilmember Capretta favored quieting the pavers down; commented that the fact that a jog must be made to the Left or to the right would still slow traffic; and recommended that the lowest cost solution be utilized. Councilmember Meder suggested that the top paving not be level, but slope up and then down. Councilmember Capretta commented that the intent had been to make people sorry they had taken Country Club Drive, and it had worked, since many people had complained to him about the improvements and said they no longer took that route. Also, people in the Country Club were complaining that cars were going in the north gate and out the south gate to avoid Country Club Drive. Councilmember Capretta commented that the last • traffic report had indicated reduced traffic on Country Club Drive for the same period the prior year, and that generally traffic was better on Country Club Drive as a result of the small changes which had been made. Councilmember Capretta suggested that the noise problem be fixed, possibly using Councilmember Meder's suggestion. Bill Griffin, Country Club Drive, reported that he lived closer than Mr. Marshall and he did not hear any noise, and that although his car did rattle as he drove over the pavers, the intent to slow traffic was accomplished. Mr. Griffin stated if it would cost more than $10 he was not in favor of making any changes, since it would not be an efficient use of town funds. Mr. Griffin stated he was against this proposal. Councilmember Meder made a motion to remediate the problem and to, if possible, put a speed hump at the entrance to Tequesta on Country Club Drive. Hearing no second to the motion, Councilmember Meder withdrew the motion. Village Manager Bradford commented that he was worried • that a speed hump might cause accidents, and he thought • Village Council Meeting Minutes July 25, 1996 Page 22 --------------- a sign might have to be posted warning of the speed hump, which would clutter the area. Councilmember Meder made a motion to remediate the problem in the area. Yice Mayor Schauer seconded the motion. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer - for Joseph N. Capretta - for Michael R. Meder - for The motion was therefore passed and adopted. Vice Mayor Schauer commented that Mr. Vander Waal had also requested in his letter that the $22,000 budgeted for street lighting which would revert into the General • Fund if not used, be designated for Country Club Drive improvements such as landscaping in designated areas. The Vice Mayor was not in favor of this suggestion because the Village had required other properties to expend funds to comply with landscape Ordinance 377. Councilmember Meder agreed, and reported that he had discussed the matter with Mr. Vander Waal. Mayor Mackail agreed, and commented that if the Country Club community wanted additional landscaping that they should assess their homeowners. Councilmember Capretta commented that a tunnel of trees had been a part of the Village Council's strategy for Country Club Drive in order to slow traffic. Vice Mayor Schauer commented that the Safe Neighborhood Act ordinance had been passed which would allow citizens to do that under their own taxing district. Village Manager Bradford indicated that what Mr. Vander Wall had really suggested was that the funds be applied toward maintenance of the gates, which was a traditional homeowners association expense. After further discussion, Village Manager Bradford stated that he would reply to that portion of Mr. Vander Waal's letter by stating that the Village had no intent of using those funds for landscaping improvements at the gates. • • Village Council Meeting Minutes July 25, 1996 Page 23 I) Adoption of the Proposed Millage Rate (6.3425} Necessary to Provide the Ad Valorem Taxes Required to Balance the Tentative Fiscal Year 1997 General Fund Budget. (Staff Recommends Approval) Village Manager Bradford explained that the reason this item had not been placed on the Consent Agenda was to allow an opportunity for the Village Council to consider whether an increase should be made for a cushion to provide for unanticipated cost increases between now and October 1,.1996. The Village Manager advised that if the current rate was adopted at tonight's meeting and the Village Council desired an increase at the September final budget hearing, then all Village property owners must be notified of the reason by first-class mail; however, if a cushion was approved and found later to be unnecessary, then the • millage rate could be reduced without notification to property owners. Discussion ensued regarding the $1,000 which had been appropriated for annexation in the proposed budget, and the $5,000 which was designated for aid to community organizations in the Water Department budget. Councilmember Meder questioned whether those amounts could have been taken from Undesignated Fund Balance, to which Village Manager Bradford responded that could have been done, but had not been, and that those two items had not raised the tax rate. Mayor Mackail recommended adoption of a 2s cushion to cover any unanticipated cost increases between now and October 1, 1996, which could be reduced if not needed. Village Manager Bradford commented that if a 2$ cushion were approved, the millage rate would be 6.4693, which would be a 3.96 increase over the roll back rate. Mayor Mackail made a motion to bring the millage rate to 6.4693, necessary to provide the Ad Valorem Tax required to balance the tentative Fiscal Year 1997 General Fund Budget. Councilmember Meder seconded the motion. The vote on the motion was: • Ron T. Mackail - for village Council Meeting Minutes July 25, 1996 Page 24 --------------- Elizabeth A. Schauer - for Joseph N. Capretta - for Michael R. Mader - for The motion was therefore passed and adopted. M) Authorization for Village Staff to Proceed with Necessary Work to Issue Revenue Bonds in an Estimated Amount of $7,055,000 for the Tequesta Water Department Reverse Osmosis Water Treatment Facility. (Staff Recommends Approval) Village Manager Bradford explained that the amount of $7,055,000 was the construction amount, and that it should be changed to $7,560,000 which would include all closing costs, insurance, etc. The Village Manager • explained that at the July 16 Budget Hearing for the Water Enterprise Fund, the Village Council had indicated that they wished to formally authorize the Village staff to proceed with the issuance of revenue bonds in the amount of $7,560,000 for the Tequesta Water Department Reverse Osmosis Treatment Facility. An approval of this item at tonight's meeting would allow staff to accomplish preliminary items. Quality and quantity of water available was still unknown, although Water System Manager Tom Hall had reported that week there was an artesian flow now coming to the surface, with very low salinity, which were very good indications. Tom Jenson, Reese and Macon Associates, provided an update regarding progress on the R/O test well being drilled. Mr. Jenson reported that the flow was extremely good, which could reduce the size of pumps needed in the R/0 plant, and that chlorides were low, indicating good water quality. Mr. Jenson explained that the issue of the cost of drilling this well would be brought before the Village Council in the next 30 to 60 days for a decision whether to enforce damages against the driller. Mr. Jenson explained that the DEP permit should be issued the next week; that by September at the latest the chlorides should be known; • Village Council Meeting Minutes July 25, 1996 Page 25 and that discharge into the Intracoastal would be monitored for a specified period to determine its effect. Discussion ensued regarding how the 4/1 R/0 plant configuration had been determined, and that the Village had reached the capacity required by the Palm Beach County Health Department to begin design of a new plant. Councilmember Capretta commented that the requirement to construct a new plant had nothing to do with the Jupiter water lawsuit. Councilmember Mader made a motion to authorize staff to proceed with the issue of the revenue bond in the estimated amount of $7,560,000 for the Tequesta Water Reverse Osmosis Treatment Facility. Vice Mayor Schauer seconded the motion. The vote on the motion was: Ron T. Mackail - for • Elizabeth A. Schauer - for Joseph N. Capretta - for Michael R. Mader - for The motion was therefore passed and adapted. N) Announcement/Notice of Attorney-Client Session Concerning Litigation in Village of Tequesta v. Town of Jupiter (Water Rate Dispute) at a Special Meeting to be Held on Tuesday, July 30, 1996; Coant-encinq at 5:30 P.M. Wherein a Closed-Door Attorney-Client Session per F.S. 286.011(8} Shall He Held. John C. Randolph or Scott G. Hawkins, Village Attorney. 1) Subject Matter of Hearing. 2) Attorney-Client Session Attendees a) b) c) d} e} f) • Joseph N. Capretta Ron T. Mackail Michael R. Mader Elizabeth A. Schauer John C. Randolph or Scott G. Hawkins Court Reporter (Name to be Determined} • Village Council Meeting Minutes July 25, 1996 Page 26 --------------- Mayor Mackail made the above announcement. Village Manager Bradford requested that his name be added to the attendance list. n LJ XII. UNFINISHED BUSINESS A) Ordinance - Second Reading - An Ordinance of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Amending Chapter 6 of the Code of Ordinances, Buildings and Building Regulations, at Section 6-21. 6-22, 6-61, 6-62, 6-101, 6-102, 6-121, 6- 122 and 6-151, To Provide for the Adoption of the 1994 Standard Building, Gas, Mechanical, Plumbing and Swimming Pool Codes, and the 1994 Edictions of the Uniform Countywide Amendments to the Standard Building, Gas, Mechanical and Plumbing Codes; Providing for Prevailing Standards in the Event of Conflict; Providing for Repeal of Ordinances or Parts of Ordinances in Conflict Herewith; Providing for Severability; Providing for Codification; Providing an Effective Date. (Staff Recommends Approval) Village Attorney Randolph read the above Ordinance by title only on second reading. Councilmember Capretta made a motion to approve the above ordinance on Second Reading. Vice Mayor Schauer seconded the motion. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer - for Joseph N. Capretta - for Michael R. Meder - for The motion was therefore passed and adapted. XIII. ANY OTHER MATTERS • Councilmember Capretta indicated that the matter of trees on • Village Council Meeting Minutes July 25, 1996 Page 27 Country Club Drive had been discussed sufficiently. Vice Mayor Schauer requested that Fire Chief Weinand be informed that she would like to see a CPR class held at the Village Recreation Center. Vice Mayor Schauer reported that she had learned that the ENCON attorney had informed the ENCON board that they did not need to go to the Village for a permit since Tequesta had signed off the streets to their jurisdiction during the 1970s. Vice Mayor Schauer requested that Village Attorney Randolph look into the matter to determine what was right. Village Manager Bradford indicated that a public records request would be made to ascertain exactly what they were relying upon. Village Manager Bradford reported that the ENCON Board of • Directors had voted 3-2 to proceed with sewering of the Tequesta peninsula, which meant within 30 days they could be expected to seek a permit from DEP, and that staff needed direction from the Village Council how to proceed. The Village Manager outlined the areas which were planned to be sewered in approximately ten months and the remainder which would be done in 16 to 18 months. In response to Councilmember Meder's question of where the money would come from to fight this matter legally, Village Manager Bradford responded that it would have to come from the Undesignated Fund Balance of the Village budget. Councilmember Meder questioned the length of time this process might take. Village Attorney Randolph advised that the Village Council would have control over whether to proceed at each step. Councilmember Meder indicated that he would like to see a petition filed. Vice Mayor Schauer reported that at the meeting attended by the Village Council, ENCON had indicated that they felt they would end up in court with the Village, and that eventually the people would end up paying for it. Councilmember Capretta commented that he believed it was clear that the citizens had expressed themselves as against sewers, that the Village had made it clear they did not think ENCON had proven their point, ENCON had ignored the Village and proceeded as they had always meant to, and the • Village had committed to oppose them in every way possible. Village Manager Bradford estimated the legal cost to do the . Village Council Meeting Minutes July 25, 1996 Page 28 petition for the Administrative Hearing would be between $7,500 to $10,000. The Village Attoz'ney cautioned that it was premature to do a total estimate since the amount of involvement was unknown at this point. Village Manager Bradford commented to Peggy Verhoven in the audience that ENCON planned low pressure sewering for the street where she lives. Vice Mayor Schauer made a motion for the Village of Tequesta to file a petition against ENCON. Councilmember Mader seconded the motion. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer - for Joseph N. Capretta - for Michael R. Mader - for • the motion was therefore passed and adopted Village Manager Bradford reported that he had received a letter from Mr. Shannon, attorney for the DiVosta company, inquiring whether the Village had any interest in a demolition ceremony for Lighthouse Plaza. The consensus of the Village Council was in favor of such a ceremony. Vice Mayor Schauer reported the Village of Wellington was looking for a Village Manager at a minimum annual salary of $70,000, that she had provided a survey of City Managers salaries and a copy of an article from December indicating the salary paid by Royal Palm Beach, and reported that she had called Juno Beach and found that their Village Manager presently received $71,729 and that in their proposed 96-97 budget was slated to receive an increase to $73,881 plus up to a $2,000 merit increase plus a COLA increase. Her car allowance was $150, plus $1,000 for longevity. Vice Mayor Schauer stated that she was embarrassed over Village Manager Bradford's salary and the fact that he had had no merit increase since 1988-89. Councilmember Capretta made comments to the effect that the Village Manager had been evaluated each year by the Village Council with good results, however, no money had been given. Councilmember Capretta suggested as a starting point to increase the Village Council Meeting Minutes July 25, 1996 Page 29 --------------- Village Manager's salary by 10~ or $5,000. Councilmember Meder stated he wanted information regarding the total compensation package before a decision was made. Councilmember Capretta recommended that an adequate number be placed into the budget and that an adequate salary increase could be determined when the information was received. Mayor Mackail stated he was ashamed that the Village Manager had not received a merit increase, and reported that he had done an analogy on his own. Mayor Mackail passed the gavel to Councilmember Capretta. Mayor Mackail made a motion that the Village Manager's salary be taken to the cap presently within our organization before the new budget, which would be $67,948 per year, or an annual increase of $8,077. Vice Mayor Schauer seconded the motion. The vote on the motion was: • Ron T. Mackail - for Elizabeth A. Schauer - for Joseph N. Capretta - for Michael R. Meder - for the motion was therefore passed and adopted. Vice Mayor Schauer questioned when that would be effective, to which the response was that it was effective now. Village Attorney Randolph commented that the Village Council had given direction to look at amending the zoning ordinance in regard to ACLF and ECF facilities within the Village, and that the study was still ongoing. The Village Attorney suggested that the Building Department be directed not to grant any permits for such facilities during this interim. Mayor Mackail passed the gavel to Councilmember Capretta. Vice Mayor Schauer made a motion to declare zoning in progress and to direct the Building Department not to grant any permits for ACLFs or ECFs during this period. Mayor Mackail seconded the motion. The vote on the motion was: • • Village Council Meeting Minutes July 25, 1996 Page 30 --------------- Ron T. Mackail - for Elizabeth A. Schauer - for Joseph N. Capretta - for Michael R. Meder - against the motion was therefore passed and adopted. Wade Griest requested to address the Village Council regarding Code Enforcement at this time since no comments had been requested from the public when this matter was discussed. Mr. Griest stated he would make one side comment, and complimented Vice Mayor Schauer on her presentation regarding the Village Manager's salary and stated that he believed Village Manager Bradford to be very deserving. Mr. Griest explained that he had been an ardent student of Code Enforcement for the past five years, and • that in his case nothing had happened in five years. Mr. Griest expressed his opinion that the Special Master process would work out beautifully. XIV. ADJOURNMENT Mayor Mackail moved that the meeting be adjourned. Councilmember Meder seconded the motion. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer - for Joseph N. Capretta - for Michael R. Mader - for the motion was therefore passed and adopted and the meeting was adjourned at 9:45 P.M. Respectfully submitted, i • Betty Laur Recording Secretary • Village Council Meeting Minutes July 25, 1996 Page 31 --------------- ATT~oT: J nn Mangani llo Village Clerk DATE APPROVED: U • ~~P D~ U~SPL~1tP8~tt s%~ ~Iari~tt ~rnrlttmtttiun OF TION TO MARVIl~T BROWN PUBLIC WORKS CREW LEADER UPON ffiS RETIRIII~II,'NT MHEREAS, Marvin Brown has admirably served the Village of Tequesta for over 25 years; and NHSRBAS, Marvin Brown announced his plans to retire on June 28th and is being honored by friends and co-workers, who are deeply appreciative of his many contributions to the Village of Tequesta through the years; and 1~1HEREAS, the performance of his duties and responsibilities and his working relationships were all characterized by an obvious dedication to getting the job well done. MON, THBRaFORS, by virtue of the authority vested in me as Mayor by the Village Council, and on their behalf and on behalf of all our citizens, I do hereby tender this Proclamation of Appreciation and thanks to Marvin Brown for his signal contributions to the Village of Tequesta, and highly commend him for the manner in which he has carried out responsibilities and duties as a member of the Village staff, extending our best wishes to-him and his entire family, for much success and happiness in the future. r ~tlrs~ ~tilagr tQittk pillage of c~rquesia ~ 8 ~Alaridu ~rurl~mtt#iun OF A-l'IPRF,CIATION TO META O'COrfNFLL ACCOIINTIl~TG CLERK III UPON HER RETIItIIVIIIV'r i~tHEREAB, Meta O'Connell has admirably served the Village of Tequesta for 15 years; and wHBRaaS, Meta O'Connell announced her plans to retire on.July 26th and is being honored by friends and co-workers, who are deeply appreciative of her many contributions to the village of Tequesta through the years; and WHEREAS, the performance of her duties and responsibilities and her working relationships were all characterized by an obvious dedication to getting the job well done. 1tOW, THEREFORE, by virtue of the authority vested in me as Mayor by the Village Council, and on their behalf and on behalf of, all our citizens, I do hereby tender this Proclamation of Appreciation and thanks to Meta O'Connell for her signal contributions to the Village of Tequesta, and highly commend her for the manner in which she has carried out responsibilities and duties as a member of the Village staff, extending our best wishes to her and her entire family, for much success and happiness in the future. ~nr Atiss~ ~flJage ~tiltrk 3~iUmge of (~rqurstn ~Fluriilu ~rurlFCmtt#iun OF APPJEtECIATION TO CARL R. RODERICK CSiTEFF OF POLICE UPON ffiS RETIIt]EMENT ~c NNEREIIS, Carl Roderick has admirably served the Village of Tequesta for 27 years; and NH8R8A3, Carl Roderick announced his plans to retire on June 28th and is being honored by friends and co-workers, who are deeply appreciative of his many contributions to the Village of Tequesta through the years; and WHBRSI-S, the performance of his duties and responsibilities and his working relationships were all characterized by an obvious dedication to getting the job well done. HOlil, T~R8FOR8, by virtue of the authority vested in me as Mayor by the Village Council, and on their behalf and on behalf of all our citizens, I do hereby tender this Proclamation of Appreciation and thanks to Carl R. Roderick for his signal contributions to the Village of Tequesta, and highly commend him for the manner in which he has carried out responsibilities and duties as a member of the Village staff, extending our best wishes to him and his entire family, for much success and happiness in the future. later Attrs~ ~tltagr (&lrrk