Loading...
HomeMy WebLinkAboutMinutes_Regular_01/11/1996VILLAGE 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 JANUARY 11, 1996 I. CALL TO ORDER AND ROLL GALL The Tequesta Village Council held a meeting at the Village Hall, 357 Tequesta Drive, ,Tequesta, Florida, on Thursday, January 11, 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, Carl C. Hansen, Elizabeth A. Schauer, and Joseph N. Capretta. Vice Mayor William E. Burckart arrived at 7:03 P.M. Also in attendance were: Village Manager Thomas G. Bradford, Village Attorney John C. Randolph, Village Clerk Joann Manganiello, and Department Heads. II. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Joseph N. Capretta 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 under Any Other Matters: Councilmember Schauer requested addition of her report of a °"° resolution passed by Jupiter Tequesta Hobe Sound Association Recycled Pager VILLAGE COUNCIL .,;~~, MEETING MINUTES JANUARY 11, 1996 PAGE 2 ---------------- of Realtors, update on Jupiter High School accreditation, and discussion with the Police Chief regarding a roadblock on New Year's Eve. Councilmember Hansen requested addition of a report from Police Chief Roderick regarding the upcoming bicycle safety program. Village Manager Bradford requested addition of clarification of zoning code amendments. Mayor Mackail requested the addition of FEMA status, review of a letter from the Mayor of Juno Beach, update on the U.S. One landscaping project, and discussion of a resolution from the Mayor of Lake Park. Councilmember Schauer made a motion to approve the Agenda as amended. Councilmember Hansen seconded the motion. The vote on the motion was: Ron T. Mackail - for William E. Burekart - for Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for The motion was therefore passed and adopted and the Agenda was approved as amended. IV. PUBLIC HEARING A) Proposed Zoning Ordinance 1) An Ordinance of the Village Council of the Village of Tequesta, Paim Beach County, Florida, Amending Ordinance No. 355 of the Village, The Comprehensive Zoning Ordinance, as Amended, At Section IV, Definitions, Amending Said Section so as to Provide a New Definition for Setback; Amending Section VII, Schedule of Site Requirements, to Add Language Regarding Setbacks Along Country Ciub Drive; Amending Setback X, Supplemental Regulations; Sub- section (A)(1)(c), Walls and Fences; Providing for Severability; Providing for Repeal of Ordinances in Conflict; Providing for Codification; Providing an VILLAGE COUNCIL ,,, MEETING MINUTES JANUARY 1l, 1996 PAGE 3 ---------------- Effective Date. a) Ordinance Read by Title Village Attorney Randolph read the proposed Ordinance by title only on Second Reading. b) Overview of Ordinance Village Manager Bradford explained that this ordinance had been contemplated for some time and also had been recommended by the Country Club Drive Task Force. This ordinance was in keeping with the restricted easements placed on the outer 15 feet of the 80-foot Country Club Drive right-of-way. The ordinance would also amend the means of measuring setbacks for structures along Country Club Drive so - that over the passage of time and in conjunction with a streetscape plan, a tunnel effect would be created in order to make the roadway appear even more residential in nature with the intent of having a positive effect on traffic. c) Village Council and Public Comments There were no comments from the Village Councilmembers or from the public. d) Motion to Adapt/Reject Ordinance on Second Reading Councilmember Hansen made a motion to adopt the above Ordinance on Second Reading. Councilmember Schauer seconded the motion. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for VILLAGE COUNCIL MEETING MINUTES ~.. JANUARY 11, 1996 PAGE 4 ---------------- 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: VI. APPROVAL OF MINUTES AND REPORTS *A) Firefighter's Pension Trust Fund; September 25, 1995 *B) Community Appearance Board; November 8, 1995 *C) Special Village Council Meeting; December 7, 1995 *D) Village Council Meeting; December 14, 1995 *E) Village Council Workshop Meeting; December 20, 1995 *F) Special Village Council Meeting; December 28, 1995 *G) Village Manager's Report; December 11, 1995 - January 5, 1996 VIII. APPOINTMENTS A) Palm Beach County Beaches & Shores Council *1) Consideration of Appointment of John Holton as the Tequesta Alternate Representative to the Palm Beach County Beaches and Shores Council. (Staff Recommends Approval) Motion was made by Councilmember Schauer to approve the Consent Agenda as submitted. The motion was seconded by ~.~... VILLAGE COUNCIL MEETING MINUTES JANUARY 11, 1996 PAGE 5 ---------------- Councilmember Capretta. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for The motion was therefore passed and adopted and the Consent Agenda was approved as submitted. VII. COMMITTEE REPORTS A) Public Works Committee; December 5, 1995 Village Manager Bradford reported that two items had been reviewed by the Public Works Committee, one of which was a draft ordinance authorizing creation of Safe Neighborhood Districts, which was referred to the Village Attorney for clarification relative to any Comprehensive Plan changes which would be required and whether there could be minimum acreage or size requirements imposed by the Village Council in the ordinance. The Committee stated for the record that the level of traffic on Country Club Drive was unacceptable. There were a number of questions from the public regarding the intentions behind the ordinance. The ordinance was placed on hold until clarification was forthcoming. The other item discussed was a draft ordinance amending setback measurements on Country Club Drive, which was adopted by the Village Council on Second Reading earlier in this meeting. Motion was made by Councilmember Hansen to approve the Public Works Committee meeting report of 12/5/95. The motion was seconded by Vice Mayor Burckart. The vote on the motion was: y :~ VILLAGE COUNCIL MEETING MINUTES k. JANUARY 11, 1996 PAGE 6 ---------------- Ron T. Mackail - William E. Burckart - Elizabeth A. Schauer - Carl C. Hansen - Joseph N. Capretta - for for for for for The motion was therefore passed and adopted. IX. NEW BUSINESS A) Discussion with Village Council concerning Stormwater Utility and Billing Methodology. Village Manager Bradford reported that a Stormwater Utility to deal with storm drainage and improvements to storm drainage systems was contemplated to begin operation October 1, 1996, and that the Stormwater Utility Ordinance which had been adopted approximately three years ago by the Village Council provided for fees to be placed on water bills. Since the Village Council had indicated their preference that Stormwater utility fees be placed on property tax bills as non ad valorem assessments, staff recommendation was to create an ordinance which would provide the option of either method of fee collection. The Village Manager Bradford suggested that the Village Council consider authorization of a Public Hearing to be held February 8, 1996 which would begin the process for fees to be placed on the property tax bills which would be mailed November 1, 1996. Village Manager Bradford indicated fees were anticipated to be $2 to $3 per month, and would be established by the Village Council in May or June, 1996, after the consulting engineers' report on the Stormwater utility had been received. Village Manager Bradford explained that the next item on tonight's agenda was First Reading of an Ordinance which would amend the Stormwater Utility Code to provide the option for fees to be placed on property tax bills and also to eliminate the Stormwater Utility Advisory Board and provide that the Village Council shall act as a Stormwater Management Utility Board due VILLAGE COUNCIL ,,;,~,, MEETING MINUTE S JANUARY 11, 1996 PAGE 7 ---------------- to the small size of the Village. Village Manager Bradford responded to Councilmember Schauer's concern regarding the language to be used in a notification letter to residents by commenting that the data would have to be basically the same as that used when previous charges had been removed from water bills; however, the language could be improved and the explanation could be expanded. Village Manager Bradford also stated that notification could be placed in the Village newsletter. Councilmember Hansen commented that taxpayers should be notified that this new line item which would appear on property tax bills was already being paid by taxpayers and that those funds were now placed into the General Fund. Village Manager Bradford explained that the funds were used to pay for stormwater improvements made in 1979 and refinanced in 1993, public works drainage maintenance, and major reconstruction and repair capital improvement projects; probably all of which would be transferred to the stormwater utility, so that a commensurate drop would be seen in General Fund and Capital Improvement Fund costs. The Village Manager commented that depending on the engineers' report that the Village Council might wish to subsidize the stormwater utility for the first couple of years to keep rates reasonable, and not to burden it with the many new projects needed. In response to Councilmember Hansen's question regarding staffing for the stormwater utility, Village Manager Bradford explained that in the future it would be necessary to hire new staff members to perform constant maintenance in order to meet the requirements of the Clean Water Act administered by the Environmental Protection Agency; but in the early years possibly a director might be hired and existing staff used with the time devoted by them for drainage maintenance charged to the stormwater utility. Village Manager Bradford stated that the personnel issue would be decided by the Village Council after they had received the engineers' .a:., reports . VILLAGE COUNCIL MEETING MINUTES JANUARY 11, 1996 PAGE 8 ---------------- Mayor Mackail questioned how projects would be prioritized. Village Manager Bradford explained that the process would consist of looking at areas which needed new improvements, deciding which areas needed enhancements to existing improvements, the condition of existing drainage systems, etc., and that staff would provide a list of projects to Village Council and would recommend that the worst areas which needed attention become the highest priorities. Mayor Mackail suggested that possible FEMA funds could be used for the worst areas resulting from the recent flood, and that he hoped FEMA funds would alleviate adverse impacts on taxpayers. Village Manager Bradford commented that no FEMA funds had been approved as of this time, and that FEMA had indicated they would consider up to $750,000. Director of Public Works and Recreation Gary Preston stated that meetings with FEMA representatives were near conclusion and that the Village should know sometime in February, 1996 whether funds would be granted. Mr. Preston explained that the total amount submitted of $671,000 would bring all of the Village drainage systems back to the point where they were before the flood. Mr. Preston commented that if FEMA did not approve funds that the Village could appeal, and that six months was allowed for damage to show up. Mr. Preston explained that complete overlay was needed on many roads, and that if the process continued for another six months the amount of roadway base lost could be determined. Councilmember Schauer made a motion to authorize staff to proceed with a Public Hearing to be held on February 8, 1996 relative to Starmwater Utility Charges being placed on property tax bills as a non ad valorem assessment. The motion was seconded by Councilmember Hansen. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - for Carl C. Hansen - for VILLAGE COUNCIL w, MEETING MINUTES JANUARY 11, 1996 PAGE 9 ---------------- Joseph N. Capretta - for The motion was therefore passed and adopted. B) Ordinance - First Reading - An Ordinance of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Amending Chapter 19 of the Code of Ordinances Relating to Stormwater Utility at Section 19-3, Definitions, so as to Provide that the Village Council Shall Act as a Stormwater Management Utility Board; Amending Section 19-9 Relating to Billing, Payment and Penalties, Affording the Opportunity for Billing by way of Non-Ad Valorem Assessments; Amending Section 19-14, Relating to Stormwater Utility Board, so as to Provide that the Village Council Shall Act as the Stormwater Utility Board; Providing for Severability; Providing for Repeal of Ordinances in Conflict; Providing for Codification; Providing an Effective Date. (Staff Recommends Approval) Village Attorney Randolph read the above Ordinance on First Reading by title only. Councilmember Hansen made a motion to approve the above Ordinance on First Reading by title only. The motion was seconded by Councilme~nber Capretta. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - for Carl C. Hansen - far Joseph N. Capretta - for The motion was therefore passed and adopted. C) Consideration of Award of Bid with Condition for the Constitution Park Project to Brang Co., Inc. Of Florida, Boca Raton, Florida, in the Amount of .- $300,953.24 for Paving, Drainage, Grading and Gazebo; .;~„~,, to Florida Design Contractors, Inc., Lake Park, VILLAGE COUNCIL ,~,, , MEETING MINUTE S JANUARY 11, 1996 PAGE 10 ---------------- Florida, in the Amount of $58,632.50 for Landscaping and Irrigation; and to GameTime, Inc. c/o Dominica Recreation Products, Longwood, Florida, in the Amount of $84,567.00 for Sports/Playground Equipment, Totaling $444,152.74, Having a FY 1996 Bond Construction Fund Budget Allocation Balance of $400,995. (Staff Recommends Approval) Village Clerk Manganiello explained that 5 alternate construction bids had been opened December 28, 1995, and Al Oslund of Gee & Jenson, project manager, had recommended awards to low bidders Brang Co., Inc., Florida Design Contractors, Inc., and GameTime, Inc. Village Clerk Manganiello commented that the bids were in excess of budgeted funds; however, additional funding was anticipated in the form of a $50,000 grant from Palm Beach County which was scheduled as an agenda item for the February 6 County Commissioners meeting. Ms. Manganiello explained that this project had been bid on a unit price basis which provided the flexibility to add or delete items, and that the contractors had agreed to work with the Village to reduce their contract prices on a unit price basis, which the staff recommended as a condition of approval of the bids. The bids included two off-site improvements which were piggy-backed onto this project, i.e., the sidewalk pathway from the northeast corner of the parking lot at JTJC down to Tequesta Drive and moving west to connect with the existing pathway (estimated at approximately $34,000); and addition of a culvert pipe from the northeast corner of the parking lot running down to an existing inlet at the Stop & Shop parking lot (estimated at approximately $10,500). Cost for these two off-site improvements, therefore, totaled $44,000, the amount over budget. Ms. Manganiello explained that even if the County grant was received so that deletion of line items became unnecessary, line items would be reduced if possible. Examples of anticipated reductions would result from obtaining a better price for asphalt, possible deletion of a topsoil nutrient, and possible substitutions in playground base materials; none of VILLAGE COUNCIL ,~,„. MEETING MINUTES JANUARY 11, 1996 PAGE 11 ---------------- which would result in a less than full-service park as originally planned. Mayor Mackail requested that letters be sent to the District Representative of the Board of County Commissioners before the February 6 meeting to assure her that Tequesta would be happy to receive the $50,000 grant. Councilmember Schauer made a motion to approve staff recommendation for award of bids for Constitution Park. The motion was seconded by Vice Mayor Burckart. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for The motion was therefore passed and adopted. D) Resolution No. 13-95/96 - Approving the Disaster Relief Funding Agreement with the Department of Community Affairs and the Village Manager's Signature of Same. (Staff Recommends Approval) Village Manager Bradford explained that it had been necessary for him to sign this agreement on December 20, 1995 so that FEMA could proceed and requested retroactive approval. Vice Mayor Burckart made a motion to approve Resolution 13- 95/96. The motion was seconded by Councilmember Schauer. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for VILLAGE COUNCIL MEETING MINUTES JANUARY 11, 1996 PAGE 12 ---------------- The motion was therefore passed and adopted. Mayor Mackail commended Village staff who had coordinated the FEMA program. Village Manager Bradford explained that the work could not be started until authorized by FEMA. X. UNFINISHED BUSINESS A) Ordinance - Second Reading - an Ordinance of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Amending Chapter 4 of the Code of Ordinances Relating to Animals and Fowl, at Article I, Amending the Definition Section; Prohibiting the Keeping of Certain Animals within the Village; Restricting the number of Domesticated Household Pets Permitted on Premises; Prohibiting the Abandonment of any Animal within the Village; Setting Forth the Acts of Animals Creating Nuisances; Regulating Animals with Contagious Diseases; Prohibiting the Raising or Boarding of Animals or Fowl; Amending Article II of Chapter 4 of the Code of Ordinances by Amending the Title; Providing for the Registration and Inoculation of Dogs and Cats; Requiring Collars and Tags; Prohibiting the Unauthorized Removal of Collars and Tags; Prohibiting the Running at Large of Dogs; Providing for the Impounding of Dogs or Cats; Providing for Penalties and Enforcement; Providing for Severability; Providing for Repeal of Ordinances in Conflict; Providing for Codification; Providing an Effective Date. (Staff Recommends Approval) Village Attorney Randolph read the above Ordinance by title only on Second Reading, and commented that the changes brought up at the last meeting had been incorporated. Dottie Campbell, 4 Tradewinds Circle, expressed appreciation that the changes had been made, and requested insertion of the word feces be inserted into Section 4-5 at the three points where the words offal VILLAGE COUNCIL MEETING MINUTES JANUARY 11, 1996 PAGE 13 ---------------- and excreta appeared, in order to improve enforcement of the ordinance. Village Attorney Randolph advised that the insertions would not be a substantive change; therefore, the ordinance would not need to be rewritten. Kay Lynette Roca, 367 Country Club Drive, Executive Director of North County Humane Society, requested that North County Humane Society be added to Section 4-14 (a), which was agreed to by the Village Council. Ms. Roca offered to help the Village by installing a protected cage near the Police station for holding animals, rather in the Village's pen. Councilmember Hansen made a motion to approve the above Ordinance on Second Reading by title only with the appropriate changes. The motion was seconded by Councilmember Schauer. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for The motion was therefore passed and adopted. XI. ANY OTHER MATTERS Councilmember Schauer explained that a resolution had been adopted by the Jupiter Tequesta Hobe Sound Association of Realtors in support of HB 163, which would break the Palm Beach County School Board into different sections. Councilmember Schauer reported that she would be sending a letter which had been approved by the School Advisory Council to each member of the School Board which would advise them that accreditation was a School Board problem. A letter would also be sent to every parent of Jupiter High School students which would provide correct information in regard to accreditation status. Councilmember Schauer reported that the Southern Association of Colleges and VILLAGE COUNCIL MEETING MINUTES JANUARY 11, 1996 PAGE 14 ---------------- Schools had not yet responded regarding whether probation would be held in abeyance. Councilmember Schauer commented on the roadblock on New Year's Eve. Police Chief Roderick explained that it was not a roadblock, but that extra officers had been on duty, some of whom had volunteered their time. Councilmember Schauer expressed appreciation, and commended the Police Department for their efforts. Councilmember Hansen expressed appreciation for the upcoming bicycle safety program. Police Chief Roderick described the event, scheduled for January 20, which would include bike inspections and various activities, and stated that approximately 100 children were expected. Village Manager Bradford requested direction from the Village Council whether to proceed, based upon previous comments, with either deleting extended care facilities and nursing homes from the Village Zoning Code or amending the Code to allow these facilities in conjunction with an ALCF. Councilmember Schauer commented that one extended care facility was enough for the Village. Councilmember Capretta commented that Sterling House was a franchise, and that this facility would not provide support for other businesses, and recommended that the current Ordinance be revised to reflect the latest legal opinions regarding ALCFs, ECFs, and nursing homes, and to allow no more ECF facilities. Councilmember Schauer advised that she had contacted the State agency for administration of Health Care for rules and regulations regarding ALCF facilities and would provide that information to staff when received. Vice Mayor Burckart cautioned against limiting the ordinance so that the Village could not have a nursing home, and requested that the Village Council not lose sight of the fact that there might be a market for an ECF and a nursing home after establishment of an ALCF, which would provide residents with the assurance that they could live out their lives in Tequesta. ,. Councilmember Schauer recommended that only one of each type ,,~, of facility be allowed. Village Attorney Randolph advised VILLAGE COUNCIL #.u;,.~ MEETING MINUTES JANUARY 11, 1996 PAGE 15 ---------------- that further research of the ordinance would focus on allowing combinations of facilities, and any State precedents which had been set. Mayor Mackail commented that Mr. Sparks at Prosperity Oaks had indicated that the most prudent way to proceed would be to first establish an ALCF and then an ECF, which had always been the desire of the Village. Mayor Mackail commented that the new library had generated a 71a increase in cardholders. Mayor Mackail reported that an invitation had been received from Mayor Harris of Juno Beach regarding a presentation on January 22 on human linkages for communities and that the guest speaker would be Dan Burden, the Florida Pedestrian/Bicycle Coordinator for the Florida Department of Transportation. _.,, Mayor Mackail reported that he had received a resolution from Mayor Wagner of Lake Park. Village Attorney Randolph explained that Mayor Wagner's son had been a victim of a hit-and-run which did not come under the felony murder rule, and that the purpose of the resolution was to try to persuade the legislature to have hit-and-runs resulting in death fall under the felony murder law. The Village Attorney reported that the sample resolution which had been received was being circulated among the various municipalities in order to attempt to get the support of the municipalities to lobby the legislature to pass the resolution. It was the consensus of the Village Council to support the resolution and to support a letter to be written by the Village Manager in support of the bill. Mayor Mackail requested a status report on the U.S. One median landscaping project. Director of Public Works and Recreation Gary Preston reported that DOT had rejected the plans approved by the Village and would only allow Floratam sod, oak trees, and sub-surface irrigation. Mr. Preston stated that he would be advising the Community Appearance Board of DOT's decision at their next meeting, and unless directed otherwise that he would bring a proposal to the Village Council that the Village accept the plan as proposed ~,, by DOT . VILLAGE COUNCIL MEETING MINUTES JANUARY 11, 1996 PAGE 16 XII. CON~1tJNICATIONS FROM CITIZENS Jack Downey, President, Beach Road Association, advised that the association covered 18 condominium buildings and 567 homes. Mr. Downey reported that compliance with Ordinance 377 would begin with 6 volunteer condo buildings, who would have a landscaping contractor in place by February 5. Mr. Downey commented that Community Appearance Board Chairperson Leslie Cook had attended their meeting which provided a positive approach. Mr. Downey reported that they were working on Ordinance 500, that bike paths had been approved, that Assistant Chief Allison had responded immediately to a complaint regarding fast traffic and resolved the problem, and that bridge control was in place which held up traffic going seaward for a short time in order to allow traffic to come in from the Colony and Jib Club. Mr. Tom Little, 486 Dover Road, expressed concern of what would happen to the building if Sterling House went out of business since it would not have sufficient parking for another use. Peggy Virhoven, Point Drive, stated her comments were the same as those made by Mr. Little, and that she agreed with Councilmember Capretta that Sterling House would be more of a liability than an asset to the Village, and suggested that Mr. Van Brock might find a more appropriate use for the land. XIII. ADJOURNMENT Councilmember Schauer moved that the meeting be adjourned. Councilmember Capretta seconded the motion. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - for Carl C. Hansen - for ,_. Joseph N. Capretta - for ,. VILLAGE COUNCIL MEETING MINUTES JANUARY 11, 1996 PAGE 17 ---------------- the motion was therefore passed and adopted and the meeting was adjourned at 8:20 P.M. Respectfully subm'tted, ~~~ Betty Laur Recording Secretary ATTEST: Jo nn Manganie loJ Village Clerk DATE APPROVED: ,.: