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
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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
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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
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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
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*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
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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
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(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
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-------
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~
•