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HomeMy WebLinkAboutMinutes_Regular_06/13/1996• 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 JUNE 13, 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, June 13, 1996. The meeting was called to order at 7:02 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 Edward Diaz 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: Councilmember Meder requested the following additions under ANY OTHER MATTERS: Discussion of Olympic Torch coming through Tequesta; Village priorities; update of scoreboard for Landscape Ordinance 377 compliance; delay of agenda Item Recycled Paper • Village Council Meeting Minutes June 13, 1996 Page 2 XI(B) until after XII(B} so that the Special Master would be considered before any action on the Code Review Board. Councilmember Hansen requested addition of discussion of Constitution Park and its opening on June 15, under ANY OTHER MATTERS. Vice Mayor Schauer requested that the April 10, 1996 Community Appearance Board minutes be pulled from the Consent Agenda; and that the Indiantown Road and Bridge Task Force meeting be added under ANY OTHER MATTERS. Mayor Mackail requested the addition under ANY OTHER MATTERS of discussion of the concurrency issue. Councilmember Meder requested that VIYI(D) and VIII(E) be pulled from the Consent Agenda. Vice Mayor Schauer made a motion to approve the Agenda as amended. Councilm~nber 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 and the Agenda was approved as amended. IV. COHIlKt7NICATIONS FROM CITIZENS (NON-AGENDA ITEMS} Town Little, 486 Dover Road, explained that the blank card he had submitted had been to cover items that might be added during the meeting. IV. PRESENTATIONS AND PROCLAMATIONS A) Proclamation of Recognition Presented to Jupiter High School Principal Joe Picklesimer Upon His Retirement. Since Mr. Picklesimer was not in attendance, Vice Mayor • Schauer accepted his Proclamation for delivery to him. • Village Council Meeting Minutes June 13, 1996 Page 3 B) Proclamation of Recognition Presented to Amanda Bass for Her Achievement of Girl Scoutinq's Highest Honor - The Gold Award. Mayor Mackail made the presentation to Amanda Bass and read the Proclamation of Recognition into the record. C) Proclamation of Recognition Presented to Jeffrey Maxson, Tequesta Reserve Police Officer. Mayor Mackail explained that Mr. Maxson had donated unlimited hours to the Tequesta Police Force, working free of charge, and that his trauma experience had been invaluable. Mayor Mackail read the. Proclamation of Recognition into the record. • VI. PUBLIC HEARING A) Ordinance - Second Reading - An Ordinance of the Viiiage Council of the Village of Tequesta, Florida, Adopting a Small Scale Amendment, Designated as 96-1, to the Comprehensive Plan for the Village of Tequesta, Florida, in Accordance with the Local Government Comprehensive Planning and Land Development Regulations Act, as Amended, Being Sections 163.3161 Et. Seq., Florida Statutes, Which Amendment is Attached as Exhibit "A"; Froviding for Severability; Providing for Repeal of All Ordinances or Parts of Ordinances in Conflict Herewith; and Providing for an Effective Date.. (Staff Recommends Approval) 1) Ordinance Read by Title Attorney Diaz read the above referenced Ordinance on Second Reading by title only. • 2) Overview of Ordinance • Village Council Meeting Minutes June 13, 1996 Page 4 Building Official Scott D. Ladd provided an overview of the Ordinance and explained that this amendment would update the Comprehensive Plan Future Land Use Map by adding seven small annexations which had taken place during the past couple of years. 3) Village Council and Public Comments. There were no comments from the Village Council or from the Public. 4) Motion to Adopt/Reject Ordinance on Second Reading Councilmember Hansen made a motion to adopt the above referenced 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. B) Ordinance - First Reading - Aa Ordinance of the Village of Tequesta, Palm Beach County, Florida, Amending Ordinance No. 355 of the Village, the Comprehensive Zoning Ordinance as Amended, at Section VII (D), Schedule of District and Use Regulations, Sub-Section (6) C-2 Community Commercial District, Paragraph (d, Special Exceptions, by Amending No. 13, Motor Vehicle Dealers at Conditions a. , b. , f. , g. (3~) , h. , and I., and Adding a New Special Exception Use, No. 17, Restaurants, Fast Food; Amending Sub-Section (9), MU Mixed-Use District, Paragraph (I), Special Exception Uses, by Adding a New Special Exception • Use No. 15, Restaurants, Fast Food; Providing for • Village Council Meeting Minutes June 13, 1996 Page 5 --------------- Severability; Providing for Repeal of Ordinances in Conflict; Providing for Codification; Providing an Effective Date. 1) Ordinance Read by Title Attorney Diaz read the above referenced Ordinance on First Reading by title only. 2) Overview of Ordinance An overview of the Ordinance was provided by Building Official Scott D. Ladd, who explained that it had resulted from a request by a private citizen, and that William Burckart was promoting these changes to the Code. Currently only new car dealerships were • allowed and it had been requested that the Village allow preowned cars as a stand alone use without association with new car dealerships. Both the preowned cars use and the fast food use would be restricted to land along U.5. Highway One. 3) Pillage Council and Public Comments Councilmember Hansen commented that he was generally in favor of the Ordinance since most of the businesses of the Village would be located along U.S. Highway One. Councilmember Capretta commented that he was unsure whether he wanted used cars sold as a stand alone use, that space was very limited on U.S. One, that associated maintenance such as oil changes might result in environmental issues, and stated that he would like to hear comments from the public. Councilmember Capretta commented that he had no problem with a fast food restaurant on U.S. Highway One. • Vice Mayor Schauer questioned whether Village Council • Meeting Minutes June 13, 1996 Page 6 --------------- different sections of the code referring to C- 2 and C-3 should be the same. Building Official Ladd explained that they were correct since the Village was trying to distinguish between C-2 and C-3. Vice Mayor Schauer questioned why test driving had not been addressed, to which Mr. Ladd's response was that he did not consider that to be a problem. Village Manager Bradford referred to a section of the Code which stated that C-2 was currently limited to five acres, while this request was for eight acres. Mr. Ladd explained that the recommendation was to make the change to eight acres in order to accommodate dealers who were only interested in larger parcels. In response to • Councilmember Capretta's concern regarding maintenance activities in conjunction with used cars, Councilmember Meder expressed his opinion that there was a significant amount of maintenance activity at a new car dealership. Village Manager Bradford requested clarification of item 13 (f) since the word "brokerage" had been added. Mr. Ladd explained that new car dealers were also brokers; therefore brokerage would apply to both new and used car dealers, and outdoor vehicular parking would be for cars which were for sale and for customers. Mr. Ladd verified that the transaction was to take place indoors and the merchandise was outdoors. Mayor Mackail referred to his previous correspondence to new car dealers to attract them to the Village, and the response that it was very difficult to locate within the community because of franchise agreements. Mr. Ladd explained that this Ordinance was not limited to any certain make or model, although the intent was for high-end cars. Mayor • Mackail expressed the opinion that it was better to have a business on land that was now • Village Council Meeting Minutes June 13, 1996 Page 7 vacant, and that his only concern was a personal dislike for business being open on Sundays. William Hurckart, it Bayview Terrace, explained that the intent was to buy fleet rental cars and lease cars, very high end, and that once the property was established as a dealership that there was a good chance a new car dealership could come into that location. There were no comments from the public. Vice Mayor Schauer made a motion to adopt the above referenced Ordinance on First Reading by title only. Councilmember Meder seconded the motion. The vote on the motion was: • Ron T. Mackail - for Elisabeth A. Schauer - for Joseph N. Capretta - for Carl C. Hansen - for Michael R. Meder - for The motion was therefore passed and adopted. 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: VIII. APPROVAL OF MINUTES AND REPORTS *B) Firefighter Pension Board; March I8, 1996 *C) Stormwater Utility Board; April 29, 1996 • Village Council Meeting Minutes June 13, 1996 Page 8 *F) Village Manager's Report; May 6, 1996 - June 7, 1996 XI. NEW BUSINESS *C) Request for Approval to Purchase One Marquette Electronics 12 Lead ECG Monitor/Defibrillator (with Associated Accessories) in the Amount of $14,500.00, with Said Funding to be Provided as Follows: (75%) $10, 875. 00 - Matching Emergency Medical Service Grant from the F1ori da Department of Health and Rehabilitative Services and (25%) $3,625.00 - Fire-Rescue Impact Fee Account. (Staff Recommends Approval) • *G) Consideration of Professional Services Agreement with Gee & Jenson of West Palm Beach, Florida, in the Amount of $11,000 for Design and Construction Phase Services for the Dover Ditch Dredging Project, Having a Proposed Budget Allocation of $110,000. (Staff Recommends Approval) *H. Consideration of Professional Services Agreement with Gee & Jenson of West Fa1m Beach, Florida, in the Amount of $22,000 for Design and Construction Phase Services for the Seabrook Road North Drainage Project, Having a Proposed Budget Allocation of $139,000. (Staff Recommends Approval) *I. Consideration of Professional Services Agreement with Gee & Jenson of West Palm Beach, Florida, in the Amount of $13,D00 for Design and Construction Phase Services for the Tequesta Drive Drainage Diversion Project, Having a Proposed Budget Allocation of $70,000. (Staff Recommends Approval) r • Village Council Meeting Minutes June 13, 2996 Page 9 --------------- *J. Consideration of Approval for Payment of Legal Fees in the Amount of $337.27 to Pickett, Fanelli & O'Toole, P. A. for Up-to-Date 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 items VIII (A), (D) and (E). The motion was seconded by Councilmember Metier. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer - for Joseph N. Capretta - for • Carl C. Hansen for Michael R. Metier for The motion was therefore passed and adopted and the Consent Agenda was approved as amended. VIII. A) Community Appearance Board; April 10, 1996 Vice Mayor Schauer referred to a discussion of Jupiter's landscaping in the median along Route 811 and requested a status report from Mr. Ladd regarding what had happened with FDOT. Mr. Ladd reported that Jupiter had obtained approximately $690,000 in grant money for the entire length of Alternate A1A in Jupiter and that the landscaping which had been installed was the first phase of that project. Village Manager Bradford explained that Tequesta had received a grant for the U.S. One landscaping and had been restricted by FDOT regarding the landscaping which could be installed. Motion was made by Councilmember Hansen to approve Item XIII(A). The motion was seconded. by Councilmember Metier. Village Council • Meeting Minutes June 13, 1996 Page 10 --------------- 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. Mayor Mackail requested that staff research any grants which might be available for beautification of Old Dixie Highway or AlA, and that Building Official Ladd report back to the Village Council. Village Manager Bradford affirmed that Old Dixie Highway would be eligible for the County's Beautiful Palm Beaches grant. • VIII. D) Local Planning Agency; May 2, 1996 Councilmember Meder requested the following changes to the minutes on page 5: To change the word "we" to "they" on line 2; and to include "the Jensen Stuart Chamber of Commerce" as a sponsor of the advertisement discussed in the first paragraph on that page. Motion was made by Vice Mayor Schauer to approve Item XIII{D) with the changes requested by Councilmember Meder. The motion was seconded by Councilmember Hansen. 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. -VIII. E) Village Council Meeting; May 9, 1996 • Village Council Meeting Minutes June 13, 1996 Page 11 Councilmember Meder requested the following change to the minutes on page 9: To change the word "leaving" to "leading" in the first paragraph on that page. Motion was made by Vice Mayor Schauer to approve Item XIII(E) with the changes requested by Councilmember Meder. 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. COMMITTEE REPORTS A} Redevelopment Committee; May 6, 1996 Village Manager Bradford reported that the Redevelopment Committee had heard a presentation from Coastal Players regarding their facility needs, necessitated by the imminent demolition of the Lighthouse Plaza by Mr. DiVosta, and their request for help from the Village in securing a permanent home. Susan Emily had provided the information that the Coastal Players were looking for an 8,000 to 10,000 square foot facility; that they owned all materials necessary to properly operate a theater; and also requested any help in securing an extension on their present lease. Mayor Mackail had subsequently been successful in obtaining a 60-day extension. The Committee had reviewed the preliminary draft of the Village Master Plan and Facility Enhancement Program. The Committee had considered placing the Village Administration at the Tequesta Plaza site, as well as a number of other schemes, one of which was a Bridge • Road site. The Committee recommended that in long- range planning that the Public Safety facilities remain • Village Council Meeting Minutes June 13, 1996 Page 12 on the present site and that planning relative to a Village administrative center and Council Chambers be located at some appropriate spot within the Central Business District. The Committee's recommendation to the Village Council was to allow the Village Manager to actively coordinate with other organizations within the Central Business District interested in revitalization of that location, and to look for a possible site for placement of the administrative facilities. Motion was made by Councilmember Hansen to approve the Redevelopment Committee meeting of May 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 Carl C. Hansen - for Michael R. Meder - for The motion was therefore passed and adopted. B) Public Works Committee; May 24, 1996 Village Manager Bradford reported that the Public Works Committee had reviewed the staff's proposed prioritization of Public Works drainage projects. Nine projects had been proposed, which were also reviewed by the Village Council sitting as the Stormwater Utility Board. The projects in their proposed order of priority were: 1. 2. 3. 4. 5. 6. 7. • 8. 9. Dover Ditch Maintenance Dredging Tequesta Drive Drainage Diversion Seabrook Road North Drainage Extension Shay Place Neighborhood Drainage Seabrook Road South Drainage Improvements North Dover Road Drainage Improvements Country Club Drive Drainage Extension Project Cypress Drive Drainage Improvement Project Riverside Drive Improvement Project • Village Council Meeting Minutes June 13, 1996 Page 13 Village Manager Bradford reported that the first three projects were proposed to be completed this summer and then Shay Place and a portion of Seabrook Road South would be the first projects proposed under the jurisdiction of the Stormwater Utility to begin during the fiscal year beginning October 1, 1996. The Committee had approved these projects on a cash basis and for the Village General Fund to subsidize the Stormwater Utility in its early years. The Committee had also reviewed the draft Seabrook Road Streetscape Plan as presented by the Landscape Architect. Consensus had been in favor of the plan as presented with the exception that the sidewalk proposed along Seabrook Road frontage at Tequesta Gardens be amended to avoid existing landscaping within the road right-of- way as opposed to relocating the landscaping; and the • Village Manager had been instructed to meet with property owners of Gallery Square North and Church of the Good Shepard to review on-street parking at those locations to obtain their feedback for further consideration by the Committee. Village Manager Bradford stated that he had begun that activity since the meeting. Motion was made by Councilme~nber Mader to approve the Public Works Committee meeting of May 20, 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 Carl C. Hansen - for Michael R. Mader - for The motion was therefore passed and adopted. Following a short discussion, Councilmember Mader made a motion to reorder the Agenda in order to consider Agenda • Item XII (A) under Unfinished Business before Item XI (A) • Village Council Meeting Minutes June 13, 1996 Page 14 --------------- Developanent Matters. 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 Carl C. Hansen - for Michael R. Mader - for The motion was therefore passed and adopted. XII. UNFINISHED BUSINESS • (A) Ordinance - Second Reading - An Ordinance of the Village of Tequesta, Palm Beach County, Florida, Authorizing the Creation of Safe Neighborhood Improvement Districts; Providing for Severability; Providing for Repeal of Ordinances in Conflict; Providing for Codification; Providing an Effective Date. (Staff Recom~-ends Approval) Attorney Diaz read the above referenced Ordinance on Second Reading by title only. Village Manager Bradford explained that this Ordinance was a Planning Ordinance recommended for adoption by the Public Works Committee and by the Country Club Drive Task Force. The Planning Ordinance would enable creation of Safe Neighborhood Districts by providing creation power to citizens of the community and to the Village Council under any of the four methods established by State statutes, i.e., 1. Local government neighborhood improvement districts, via Village Council in this case; 2. Property Owners Association neighborhood improvement districts, via an existing Property or newly created Owners Association; 3. Special Neighborhood Improvement Districts; • Village Council Meeting Minutes June 13, 1996 Page 15 --------------- 4. Community Redevelopment Neighborhood Improvement Districts. This option would not apply since no CRA existed within the Village. Village Manager Bradford explained that the Planning Ordinance would not implement any of the four alternatives, but would provide the power to do so; and would also provide the Village Council with the power to deny creation of any proposed District or the actions of any District in the future at certain points in the process. Pert Towne, 364 Fairway Drive, spoke in opposition of the Safe Neighborhood Ordinance, expressing concern that the Ordinance would allow the closing or one- waying of Country Club Drive, and her opinion that this would lower property values by limiting accessibility. • Ms. Towne commented that she had spent $15,000 more to buy a home inside Tequesta Country Club than one on Country Club Drive, since Country Club Drive was a main road, and compared residents living on Country Club Drive who were complaining about the traffic to someone purchasing a home near an airport and then complaining about the noise. Bill Treaty, Country Club Drive, commented that Country Club Drive residents were tired of hearing that they had been stupid for purchasing their homes on that street, and reported that efforts to obtain cooperation from Martin County for help with the traffic problem had been ignored. Mr. Treaty reported that the traffic was becoming worse each day; and urged those present to remember this was a problem for the whole Village and that something must be done about traffic now. Mr. Treaty recommended that the Village Council pass the Safe Neighborhood Ordinance. Martin County Commissioner Gettig requested that her three minutes be given to Mr. Guthrie; however, the Village Council did not grant her request. • Robert D. Guthrie, 2401 SE Monterey Road., Stuart, Village Council Meeting Minutes June 13,1996 Page 16 Florida, explained that he was the Attorney for Martin County and that at a recent Board meeting the Martin County Commission had directed him to attend this meeting in regard to the Safe Neighborhood Ordinance, which they did not oppose except for its relation to Country Club Drive and its traffic-carrying capacity, which he stated should be addressed in any action taken by the Village Council. Attorney Guthrie reported that mediation had begun regarding the traffic problems, which was the proper way to solve the overall transportation issues in this area. Attorney Guthrie stated that Martin County Commissioners were opposed to reconfiguration, reclassification, or changing the traffic-carrying capacity of Country Club Drive and would take a strong look at asserting their rights and those of their citizens if any of those activities occurred which would impact the Comprehensive Plans of Martin County, Tequesta, or Palm Beach County. Martin County Comanissioner Janet Gettig requested that the Village Council not adopt the Safe Neighborhood Ordinance and continue working within the mediation process which the Intergovernmental Task Force had initiated. Commissioner Gettig commented that for the first time ever the Martin County Commission was making efforts to work with the Village Council. Councilmember Meder questioned Attorney Guthrie regarding whether Martin County had passed a similar Safe Neighborhood Ordinance, to which the response was that they had not. Councilmember Meder reported that a similar Ordinance had been passed by Palm Beach County which covered Loxahatchee River Road, and by Jupiter which covered Longshore Drive. Councilmember Meder explained that the Ordinance under consideration tonight would do nothing more than allow citizens to exercise their rights under Florida Statutes; and expressed his opinion that this was not the proper time for objection, which might be appropriate at a future time if someone exercised their rights and proposed a Safe Neighborhood District. • Councilmember Hansen commented that this was the result . Village Council Meeting Minutes June 13, 1996 Page 17 ---------------- of a Task Force recommendation, and that the Village had urgently requested citizens of Turtle Creek and Martin County to become a part of that Task Force but had been told that they had already set up their own committee. Councilmember Capretta commented that approval of this ordinance would do nothing except to provide a method of enabling action, and the Village must put themselves into a position where action could legally be taken. Councilmember Capretta commented that Tequesta had been very constrained since this problem had existed over 25 years and the Drily actions taken had been to restrict the flow of traffic by encouraging people to take other routes voluntarily. Councilmember Capretta stated that the Village knew that the traffic problem could not • be solved except on a regional basis and encouraged Martin County, Palm Beach County, and Jupiter to cooperate in finding a route other than through the Village. Councilmember Capretta stated that Tequesta was protecting itself and its citizens just as the other governmental agencies had moved to protect themselves, and urged that all cooperate to find solutions to regional problems. Vice Mayor Schauer reported that reported their opposition to the Ordinance in January, however, Village Council must do what was residents, and hoped to come to mediation. Martin County had Safe Neighborhood she believed the best for Tequesta agreement through Steve Mathison, Attorney, commented that this Ordinance would only create the possibility of a Safe Neighborhood District and that after the enabling Ordinance was passed that residents of the Village could come forward if they so chose, to bring their ideas for the creation of Safe Neighborhood Districts aimed toward traffic control, crime prevention, or creation of unity and • teamwork between residents, to the Village Council. Village Council Meeting Minutes June 13, 1996 Page 18 --------------- John Giba, 78 Fairview East, expressed amusement at comments by the representatives from Martin County and stated that they had stonewalled the Village for 25 years and now when Tequesta decided to take action to protect themselves Martin County came to object. Mayor Mackail commended the Task Force for their work and the wonderful job they had done. Councilmember Meder made a motion to approve the above referenced Safe Neighborhood Ordinance on Second Reading by title only. 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 Carl C. Hansen for Michael R. Meder - for The motion was therefore passed and adopted. X. DEVELOPMENT MATTERS Mayor Mackail commended the Community Appearance Board for their excellent work in reviewing applications for Landscape Ordinance 377 compliance and thanked them for the many hours of work of which they had relieved the Village Council. (A) Landscape Ordinance No. 377 Plan Review; Landscape Waiver Request; Island House Southwest, 325 Beach Road. Parker Yannette Design Group. Steve Parker, Parker Yanette Design Group, Landscape Architect stated that he represented the applicant and that Jack Downey, Boardmember of Island House Southwest was also present. • Councilmember Hansen complimented this project on the landscaping but expressed concern with landscaping to . Village Council Meeting Minutes June 13, 1996 Page 19 the south of this parcel. Mr. Parker explained that a dense hedge and Coconut Palms existed to the south, and that there was not sufficient room for more landscaping in that area. Councilm~nber Mader made a motion to approve the Landscaping as presented for Island House Southwest. The motion was seconded by Councilmember Hansen. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer - for Joseph N. Capretta - for Carl C. Hansen - for Michael R. Mader - for • The motion was therefore passed and adopted. (B) Landscape Ordinance No. 377 Plan Review; Landscape Waiver Request; Village Office Plaza, 307 Tequesta Drive. Parker Yannette Design Group. Steve Parker, Parker Yanette Design Group, Landscape Architect, represented the applicant. Vice Mayor Schauer referred to Community Appearance Board minutes and questioned the number of phases for this project. Mr. Parker explained that Vice Chair Strahan had suggested a third phase for installation of an additional tree which would provide an additional year to obtain funds. Clerk of the Board Scott D. Ladd pointed out that three phases had been provided for in the motion made by the Community Appearance Board. Vice Mayor Schauer questioned what year of the project the hedge plants were to be replaced, to which Mr. Parker responded that he would designate that be done in the first phase. Vice Mayor Schauer made a motion to approve the Landscaping with waivers as presented for Village Office Plaza, 307 Tequesta Drive. The motion was seconded by Councilmember Mader. The vote on the motion was: Village Council Meeting Minutes June 13, 1996 Page 20 Ran T. Mackail - for Elizabeth A. Schauer - for Joseph N. Capretta - for Carl C. Hansen - for Michael R. Mader - for The motion was therefore passed and adopted. (C) Landscape Ordinance No. 377 Plan Review; Landscape Waiver Request, Wendimere Villas Condominium Association, Phase I, 407-411 Cypress Drive. Roy Fisher ~ Associates. Steve Niedergeses, Landscape Architect with Roy Fisher & Associates, and residents from Wendimere Villas • Condominium were present representing the applicant. Vice Chair Schauer questioned the action regarding the broken picket fence as referenced in the Community Appearance Board minutes. Clerk of the Board explained that had not been a part of the motion, and verified that if the fence had been a part of the original Site Plan review that it would have to be fixed. The residents present did not know where the fence was, but volunteered to check into the matter. Councilmember Hansen made a motion to approve the Landscaping with waivers as presented for Wendimere Villas Condominium Association, Phase I, 407-411 Cypress Drive. The motion was seconded by Vice Chair Schauer. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer - for Joseph N. Capretta - for Carl C. Hansen - for Michael R. Mader - for ' The motion was therefore passed and adapted. • • Village Council Meeting Minutes June 13, 1996 Page 21 --------------- (D) Landscape Ordinance No. 377 Plan Review; Landscape Waiver Request, Georgetown Place Condominium Association, Phase II, 406-412 North Cypress Drive. Roy Fisher ~ Associates. Steve Niedergeses, Landscape Architect with Roy Fisher & Associates, and Mr. Robinson, representative from Georgetown Place Condominium, were present representing the applicant. A poll of the Village Council indicated no concerns. Vice Mayor Schauer made a motion to approve the Landscaping with waivers as presented for Georgetown Place Condominium Association, Phase I, 406-412 North Cypress Drive. 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. (E) Request for Waiver Per Section X(L)(4) of the Village Code of Ordinances. Donald R. Hires, 326 Country Club Drive. (A QUASI-JUDICIAL HEARING) 1) Swearing-In of Witnesses, if required. Village Clerk Joann Manganiello conducted the swearing in of all who intended to speak in this hearing. 2) Testimony of Witnesses and Cross-Examination, If Any. Donald R. Hires, 326 Country Club Drive, stated he had resided there since 1971 and since August 15, . 1972 had legally parked a recreational vehicle next Village Council • Meeting Minutes June 13, 1996 Page 22 -------- ------- to his home. During that time he had had three different motor homes and a trailer. Recently he had learned that a change in an Ordinance required him to screen his motor home from the street in order to park legally. Mr. Hires explained that he had intended to apply for a variance to erect an 8- foot wood board and batten gate fronting the existing 4-foot chain link gate, that the motor home was set back 8 feet from the end of the garage, and was bordered on one side by Australian hedge and night-blooming jasmine hedge, bordered on the south by his home, and bordered on the back by a 12-foot hedge between his property and Turtle Creek community. Mr. Hires stated that his application was three-fold: 1. That he had operated for 26 years under Zoning Code Section X, Part 2, Subsection • B, which he read from as follows: A person who reasonably attempts to comply with the screening described herein by planting and maintaining a hedge which will become effective screening within a reasonable period of time not to exceed two years, shall not be in violation of this subsection. Further, this subsection is not to be construed as requiring screening from direct view from the street in front of the lot. 2. Mr. Hires explained that he had a medical hardship in that he had been unemployed because of fighting cancer since 1992 and was existing on Social Security Disability, and that the cost moving the motor home from his property to be parked in a secure lot would cost $60 to $90 per month and would result in an insurance premium increase of $350 annually, which he could not afford. • 3. A 12-foot wide 8-foot tall board and Village Council • Meeting Minutes June 13, 1996 Page 23 batten fence for the front would still leave 3 feet of the motor home exposed, and would cost about $900. Mr. Hires explained that this motor home was his release from stress, that he had been putting three children through college, that his wife was currently working 12 hours a day to keep things going, that he wanted to maintain the motor home at his home, that he had never been approached in 25 years by any neighbor with any objection to the motor home being parked at his home, and that his funds were limited. Mr. Hires commented that the Code Enforcement Officer had informed him that there had been complaints, but he did not know who had complained. Mr. Hire stated that he • had provided photographs that showed the motor home could not be seen except by standing directly in front of it, and that it could not be seen from a 20-degree angle off dead center on either side because it was set back far enough to be blocked. Mr. Hires stated that short of being allowed to leave the motor home parked as it was, that he was open to any suggestions as to how he could maintain it, still be able to use it, and still comply and make those happy who had complained. Building Official Ladd verified that the motor home was parked in the only position available on Mr. Hires' property, that fencing would only block 2/3 of the motor home, that the Code had been changed for the Country Club community only, and that the rest of the Village was still operating under the old section of the Code which Mr. Hires had read aloud. Attorney Diaz explained that Village Attorney Randolph's position had always been that the hardship provision did not include a medical hardship, but only a hardship with regard to configuration of the property. Mr. Hires explained that he was not asking for a Village Council • Meeting Minutes June 13, 1996 Page 24 --------------- waiver for medical hardship, but had explained that because of his medical condition he had no gainful employment and therefore did not have the finances to comply; that to effectively screen from all view would preclude being able to use the motor home; that if he was forced to sell the motor home it would be an extreme hardship to both him and his family; and his other choice, which he considered very outlandish, was to move. Mr. Hires asked for suggestions for any alternatives. Village Manager Bradford suggested that with Mr. Hires' concurrence, the Village Council table this matter and direct staff to work in conjunction with Mr. Hires to see if an • acceptable waiver provision could be found to allow keeping the motor home at his property on Country Club Drive. Village Manager Bradford stated that under such a scenario no enforcement action would be taken until a solution was found. Mr, Hires explained he and the motor home would be absent from the Village through the third week of August, as he would be at Duke University Medical Center in North Carolina for experimental treatments. Mayor Mackail passed the gavel to Vice Chair Schauer and made a motion to postpone Mr. Hires' request and direct staff to address questions and issues in regard to Mr. Hires' testimony. Councilmember Hansen seconded the motion. During discussion of the motion, Councilmember Hansen commented that he favored this postponement and hoped that an acceptable solution could be found. Councilmember Capretta commented that a way must be found to accommodate exceptions to rules, that Mr. Hires had pres®nted his case very well, and that the Council should be able to find a way to accommodate his probl~n. Councilmember Meder questioned the downside of granting a waiver on the basis that it was • impossible to screen an 11-foot vehicle, to which Village Manager Bradford responded that the problem was that • Village Council Meeting Minutes June 13, 1996 Page 25 hardship was only allowed as a waiver under the Code, and that the property .should be studied to see if some way to moat the Code could be found for Mr. Hires' benefit. After further discussion, Mayor Mackail commented that he felt it would be most appropriate to postpone this matter and that he wanted to avoid setting a precedent based on emotions versus objectivity. Ron T. Mackail - for Elizabeth A. Schauer - for Joseph N. Capretta - for Carl C. Hansen - for Michael R. Mader - for The motion was therefore passed and adopted. • Village Manager Bradford assured Mr. Hires that he need not be present in order for the Building Official to conduct a study of the property, and that no enforcement action would take place until this matter had been heard again by the Village Council. Mr. Hires volunteered to leave a forwarding address for the period he would be out of town. Mr. Hires thanked Village Code Enforcement Officer Davis for working with him in this situation and complimented him before the Village Council. XI. NEW BUSINESS (A) Resolution No. 25-95/96 - Approving Addendum No. 1 to Northern Area Mutual Aid Consortium (NAMAC) Agreement which Provides Specifications for the Fire Hazardous Materials Program (HAZMAT) and Authorizing the Mayor to Execute the Same on Behalf of the Village of Tequesta. (Staff Recommends Approval) Fire Chief Weinand explained that it had taken six months to work out the language for this Resolution, and that Tequesta would retain approximately 75~ of the equipment because the majority of personnel trained to • operate the equipment were located within the Tequesta • Village Council Meeting Minutes June 13, 1996 Page 2 6 --------------- Fire Rescue Department. The other approximately 25~ of the equipment would be housed in Palm Beach Gardens. Councilmember Hansen made a motion to approve Resolution No. 26-95/96. Motion was seconded by Counciln~mber Mader. Attorney Diaz read Resolution No. 26-95/96 by title only. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer - for Joseph N. Capretta _ for Carl C. Hansen - for Michael R. Mader - for The motion was therefore passed and adopted. • (B) Mayor Mackail announced that XI(8) would be considered after item XII(B). (D) Ordinance - First Reading - An Ordinance of the Village of Tequesta, Florida, Amending Chapter 6 of the Code of Ordinances, Buildings and Building Regulations, at Sections 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 Editions 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) Attorney Diaz read the above referenced Ordinance on First Reading by title only. Councilmember Hansen made a motion to approve the above referenced Ordinance upon First Reading by title only. Motion was seconded by Vice Mayor Schauer. The vote on the motion was: • Village Council Meeting Minutes June 13, 1996 Page 27 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) Resolution No. 27-95/96 - Approving an Interlocal Cooperation Agreement Between Palm Heath County and the Village of Tequesta for Community Development Block Grant and Home Investment Partnerships Program. (Staff Recommends Approval) • Village Manager Bradford reported that Building Official Ladd's memorandum explained that the Village had been doing this through the County and that by entering into an agreement, the County would be able to use Tequesta's population count to increase dollars received from HUD. It was believed that at this time it was better to be involved in this program than for the Village to be on its own, since the County would get more money and would only need to lobby locally for increased funds. Councilmember Meder commented that he found the following language in Section 6 insulting and personally repulsive: The municipality has adopted and is enforcing a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non- violent civil rights demonstrations.... Councilmember Meder objected that language to the effect that the municipality was not going to violate the laws of the United States was placed into the agreement. Councilmember Meder commented that he was amazed that the County Commissioners had requested the Village to sign this agreement, presumably to help south and • central county communities, when just a few short weeks ago they had refused to join in an education foundation . Village Council Meeting Minutes June 13, 1996 Page 28 because it would only benefit the northern portion of the County. Councilmember Meder expressed his opinion that the Village should note their cooperation with the County on behalf of the southern county communities and request that they reconsider their support for the North County Education Foundation. Village Manager Bradford commented that Councilmember Meder was generally correct, but pointed out that in the last fiscal year this program had spent two million dollars in the Limestone Creek area, so there was some benefit, however, the bulk of the benefit did go to south County, Councilmember Hansen made a motion to approve Resolution 27-95/96. 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 read Resolution 27-95/96 by title only. F) Resolution No. 28-95/96 - Providing for Amendments to the Village Budgets Adopted for the Fiscal Year Commencing October 1, 1996. (Staff Recon~znends Approval) Village Manager Bradford pointed out one change of $17,550 to provide resources to undertake mapping upgrades, and other items which the Village Council had approved throughout the year. The Village Manager explained that the primary force behind the amendment had to do with revision of funds and transfers to the Capital Improvement Fund to provide for the drainage • projects which were reviewed by the Public Works Committee and the Stormwater Utility. Village Manager • Village Council Meeting Minutes June 13, 1996 Page 29 Bradford also explained that the Village was providing funding of $44,000 from the Improvement Bond Revenue Fund to the Capital Improvement Fund for the purpose of providing a new roof on the Tequesta Recreation Center, formerly known as the JTJC Building. Village Manager Bradford also explained that in the course of presentations to the Village Council about the fund balances needed to accommodate the Capital Improvement Fund, and/or estimated General Fund balances, all were done on the assumption that the payback of the loan which was made to the General Fund from the Water Department for the excess funding needed for the Tequesta Branch Library would be waived by the Village Council. Councilmembers stated they had no problem with that; thus authorizing the liability of $361,100 to be removed from the Capital Improvement Fund and the transaction adjusted to reflect a transfer of funds not • requiring repayment. Attorney Diaz read Resolution No. 28-95/96 by title only. Vice Mayor Schauer made a motion to approve Resolution 28-95/96. 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. K) Consideration of Approval of Proposed Tequesta Early Retirement Incentive Program (ERIF) . (Staff Recotr~nends Approval) Village Manager Bradford pointed out that this was a very important item with serious implications for those • employees recommended for the program. The Village Manager explained that the primary purpose for the • Village Council Meeting Minutes June 13, 1996 Page 30 --------------- program was to save the Village and the taxpayers money, and to avoid a tax rate increase, particularly in the next fiscal year, and that the program would only work if employees did in fact retire and were not replaced. The proposal. was to offer to any employee with 25+ years of service either six months salary or $750 for each year of service, whichever was greater. Two employees, Marvin Brown, the Public Works Crew Leader, and Police Chief Carl Roderick, qualified under the proposed criteria. Village Manager Bradford stated for the record that in the event this program was approved by the Village Council and in the event that Chief Roderick accepted the program offer that Village Manager Bradford's recommendation was not to fill the position, but to change the number of Police Department administrative employees from three to two, and to promote current Assistant Police Chief Steve Allison to • Chief of Police. Total cost to the Village would be $49,370 if the program were adopted, and total savings to the Village during the upcoming fiscal year would be $116,651, which is a 136 return on the early retirement investment, and would leave the Village with $40,993 in its Compensated Absences account to pay for accrued vacations and sick leave for any future employees who left employment. Village Manager Bradford reported that the total cost if and when the two employees under discussion left the Village would be $91,920 which would be their early retirement incentive plus their estimated accruals. Village Manager Bradford reported if the two employees took the offer prior to July 1, 1996 their vacation accruals would be counted toward compensation in the Florida Retirement System so that their average compensation and their retirement benefit would be increased. Village Manager Bradford reported that Chief Roderick appeared to be leaning toward accepting the offer. Both would be given a separation agreement which spelled out the specifics of the program. Chief Roderick had requested that the Village consider that the proceeds be applied by the Village directly to buy back time that he had in the Florida Retirement System which did not accrue to him at the Public Safety Officer rate, which would in essence cause him to • Village Council Meeting Minutes June 13, 1996 Page 31 --------------- receive a full retirement. Mr. Brown had indicated his desire that the Village set up a program where his incentive funds would be held in a special trust account to be used to pay for health insurance premiums for both him and his wife for the next thirty months. Village Manager Bradford stated that if these two employees accepted the offer that it could mean the difference between a budget requiring no millage rate increase and a budget which would have a millage rate increase. Councilmember Meder questioned the exit departure dates for Mr. Brown and Chief Roderick. Village Manager Bradford explained that they would be presented with the agreement and under law would have 45 days to decide, and then seven additional days after signing to rescind; however, it would be to their advantage to • retire before July 1, 1996, as explained earlier. Village Manager Bradford responded to Councilmember Hansen that Mr. Brown's work would be contracted out at a lesser cost, which was cheaper and normally worked well as long as a core of personnel existed to oversee the work of subcontractors. Councilmember Capretta suggested that it would be a good idea to offer the employees this early retirement incentive, and that the Village should look at contracting out jobs in other areas. Councilmember Meder questioned whether the cost was too expensive to offer the incentive program to workers with 20+ years of service, to which Village Manager Bradford responded that was true. Vice Mayor Schauer commented that an early retirement incentive program was the reason for Mr. Picklesimer's retirement. Councilmembers expressed to Chief Roderick that they would miss him if he chose to take advantage of the program. Vice Mayor Schauer made a motion to approve the Early Retirement Incentive Program (ERIP) per agreement with Village Manager Bradford. Councilmember Meder seconded the motion. The vote on the motion was: • Ron T. Mackail - for • Village Council Meeting Minutes June 13, 1996 Page 32 Elizabeth A. Schauer - for Joseph N. Capretta - for Carl C . Hansen - for Michael R. Meder - for The motion was therefore passed and adopted. XII. UNFINISHED BUSINESS (B) Ordinance - Second Reading - an Ordinance of the Village of Tequesta, Palm Beach County, Florida, Amending Chapter 2 of the Code of Ordinances at Article IV, Boards and Commissions, by Rescinding Division 2, Code Enforcement Board, in its Entirety; Providing a New Chapter 2, Article IV, Division 2, to be Entitled Codes Enforcement; Providing for a Special Master, • Providing for Repeal of Ordinances in Conflict; Providing for Codification; Providing an Effective Date. {Staff Recommends Approval) Attorney Diaz read the above referenced Ordinance on Second Reading by title only. Tom Little, 486 Dover Road, stated that the Special Master would be acting as a judge and under the Ordinance would control all eighteen points in the code book and he did not see how anyone could handle 50 people a day. Mr. Little suggested a sunset provision be added to the Ordinance so that if costs, in total, exceed $5,000 annually the Special Master system would revert back to the Code Enforcement Board. Mr. Little expressed concern that this was merely setting up another government bureaucracy, and advised that the Village Council look more closely at the cost of this matter, and delay adoption pending further study. Councilmember Meder stated that he appreciated Mr. Little's comments, but did not share his opinions. Councilmember Hansen commented that several months ago he had contacted three nearby municipalities which had • already adopted the Special Master System and had • Village Council Meeting Minutes June 13, 1996 Page 33 --------------- learned that they were well pleased with the system, which eliminated neighbors judging neighbors. Councilmember Capretta questioned whether the Special Master would review all traffic tickets, to which Chief Roderick responded the Special Master could review handicap parking. Councilmember Capretta clarified for the public that the Special Master would not review speeding tickets, and that Mr. Little's interpretation was incorrect. Vice Mayor Schauer commented that she had heard from several residents who previously objected to the Special Master system and now supported the Ordinance as it had been modified. Jim Humpage, 360 Fiesta Avenue, commented that he was a member of the Code Enforcement Board and favored the Special Master. Mr. Humpage questioned whether the recipient of a traffic ticket could demand to be heard • before the Special Master. Village Manager Bradford explained that most traffic violations were written according to the Uniform Traffic Citation Provisions of State law which required them to be handled by a certain Court. Chief Roderick verified that any traffic citation appeals went to County court. Councilmember Mader made a motion to approve the above referenced Ordinance on Second Reading by title only. 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. Mader - for The motion was therefore passed and adopted. XI. (B) Resolution No. 26-95/96 - Creating the Village of Tequesta Code Enforcement Review Task Force. (Staff recommends Approval) • Attorney Diaz read Resolution No. 26-95!96 by title • Village Council Meeting Minutes June 13, 1996 Page 34 --------------- only. Councilmember Meder recalled that discussion at a prior meeting had been to add additional members to the Task Force. Village Manager Bradford commented he had drafted the Resolution based on only the former Code Enforcement Board members who had had experience working with the Code. Councilmember Meder expressed concern that limiting the task force would also limit its effectiveness and recommended additional members. Councilmember Meder also questioned the missipn of the task force of formulating minimum property standards rather than to review the whole Code, as had been previously discussed. During ensuing discussion, the Village Manager commented that he had constructed the Resolution based on discussions by the Public Safety Committee, which had recommended establishment of the • Task Force to establish mimimum property standards. Councilmember Meder expressed his personal opinion that with the Special Master system in place that Code Enforcement would become easier and perhaps the economic demand for mimimum property standards might abate and they would no longer be needed. Councilmember Meder objected to a sunset date before the start of the season. Councilmember Hansen expressed his opinion that the Task Force should stay with the minimum property standards and agreed with Councilmember Meder that the sunset date should be changed, possibly to the end of the year. Councilmember Capretta commented that too large a group could not accomplish anything, however, he was in favor of possibly adding a couple of other people to the Task Force in addition to the former Code Enforcement Board members, who had expertise in the Code. Vice Mayor Schauer questioned whether all of the former Code Enforcement Boardmembers would want to serve on the Task Force. Discussian ensued regarding the number of people to be on the Task Force, and when the sunset • date should be. After discussion, Village Manager Bradford summarized that seven of the proposed nine • Village Council Meeting Minutes June 13, 1996 Page 35 --------------- members could conceivably be former Code Enforcement Board members, and at the next full regular Village Council meeting this item would be brought back so that the Village Council could appoint the other members. Mayor Mackail passed the gavel to Vice Mayor Schauer and made a motion to approve nine members far the Code Enforcement Review Task Force and to establish a sunset date of 12/31/96 for the Task Force. Councilmember Capretta 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. Xi. ANY OTHER MATTERS Councilmember Meder questioned the status of compliance with Landscape Ordinance 377. Village Manager Bradford responded that the update would go out in the next day's mail. Councilmember Meder questioned any activities planned for July 6 when the Olympic Torch would be carried through Tequesta. Village Manager Bradford responded that it had been learned that Jupiter had no plans for that day other than their Mayor might jog along with the torch. The Village Manager stated that plans were to announce that the flame was coming through the Village in the next Newsletter, and that preparations would be made for people to show up. Chief Roderick reported that the torch would be carried by people on bicycles. Councilmember Meder questioned the status of priorities. Vice Mayor Schauer stated she had not yet turned in her • priorities. Village Manager Bradford explained that when all of the Councilmembers' lists were received that each • Village Council Meeting Minutes June 13, 1996 Page 36 --------------- member would get a copy of all of them along with a score sheet and that ultimately it would come before the Village Council. Councilmember Hansen announced that Saturday, July 15 would be the grand opening of Constitution Park, and questioned what plans had been made for the building. Village Manager Bradford responded that on the grand opening day the building would be used as a fallback in case of rain and food would be served there. The Village Manager explained that the Village was working towards a lease agreement with the YMCA for them to run recreation programs from that facility. The other option would be very few programs run by the Village. Councilmember Capretta expressed concern that Constitution Park might not be sufficiently utilized. Vice Mayor Schauer explained that the YMCA summer camp was being held in the building there, so it would be utilized. • Councilmember Hansen reported that Tequesta Park was being utilized whenever he had been there, so that he was very optimistic that Constitution Park would be used, since it was in a much more convenient location. Councilmember Capretta discussed options for use of the building as a youth center or a senior center, etc. Village Manager Bradford commented that a recreation survey had been authorized by the Village Council. Village Clerk Manganiello announced an upcoming meeting with the YMCA regarding their proposal to run programs from the building. Another building which might be utilized was discussed. Village Manager Bradford advised that the person to contact regarding the condition of that building was Hart Ransdale at the hospital. Vice Mayor Schauer announced that the Indiantown Road and Bridge Task Force would meet June 19 at the Jupiter Council Chambers. Mayor Mackail explained that he was First Vice President of the Municipal League, which had taken a position in regard to school concurrency, and provided a packet of materials to each Councilmember which he requested them to read to provide an overview of the concurrency issue. The Mayor • also provided Village Manager Bradford with a draft Resolution regarding concurrency. Mayor Mackail explained • Village Council Meeting Minutes June 13, 1996 Page 37 that the Municipal League had put into place very strong accountability mechanisms for the County and the School Board, and this would become a growth management issue because the Municipal League was promoting hometown rule rather than growth management to be controlled by the County and the School Board. Mayor Mackail requested that each Councilmember study the materials provided to become knowledgeable regarding concurrency, so that each could answer questions regarding this issue. Councilmember Hansen spoke in favor of concurrency, and commented that it should have been started years ago so that fewer new homes would have been available, making values of older homes higher. Mayor Mackail agreed, commented that the Municipal League supported the 1C sales tax, and that the League had proposed mechanisms to control how the School Board and the County did business. Village Manager Bradford commented that if concurrency was imposed without any control by the Village, • that the School Board and the County could make redevelopment decisions for the downtown area, which could seriously hamper revitalization of the business area. Councilmember Hansen agreed, but stated that Tequesta would be less impacted than other municipalities which had more such areas. Vice Mayor Schauer commented that the reason the School Board was in so much financial trouble now was not only due to budget cuts but because 7 of 8 years ago they had used bond money inappropriately and unless they made drastic changes in their financial department she believed concurrency would not be accepted. Mayor Mackail commented that voters had a mistrust of the School Board and the Municipal League's approach to hold the County and the School Board accountable was a very important issue. The Mayor explained that at the next Village Council meeting the Resolution would be presented, and Councilmembers should contact John Corbett with any questions. Councilmember Meder commented that he would bring a copy of 'the draft Resolution to the next North County. Education meeting. Councilmember Meder also commented that the small Tequesta growth rate of 1.67$ might be due to the fact that other municipalities had reported growth due to new homes and stated he would like to see the existing asset growth of the other communities versus their new construction. Finance • Director Kascavelis stated that he would provide that information to the Village Council the next day. Village Council . Meeting Minutes June 13, 1996 Page 38 --------------- XII. 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 Carl C. Hansen - for Michael R. Meder - for the motion was therefore passed and adopted and the meeting was adjourned at 10:30 P.M. • Respectfully submitted, ~"~ ~a~> Betty Laur Recording Secretary ATTEST: J ann Mangani to Village Clerk DATE APPROVED: ~~.,~as".i49~ •