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HomeMy WebLinkAboutMinutes_Regular_12/14/1995VILLAGE OF TEQUESTA Post Office Box 3273 357 Tequesta Drive Tequesta, Florida 33469-0273 (407) 575-6200 Fax: (40?) 575-6203 VILLAGE OF TEQUESTA VILLAGE COUNCIL MEETING MINUTES DECEMBER 14, 1995 I. CALL TO ORDER AND ROLL CALL The Tequesta Village Council held meeting at the Village Hall, 357 Tequesta Drive, Tequesta, Florida, on Thursday, December 14, 1995. 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 William E. Burckart, Carl C. Hansen, Elizabeth A. Schauer, and Joseph N. Capretta. 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 Vice Mayor William E. Burckart gave the Invocation and led those in attendance in the Pledge of Allegiance to the American Flag. III. APPROVAL OF AGENDA Councilmember Schauer requested addition of her report of a meeting under Any Other Matters. Councilmember Hansen requested addition of a discussion regarding water department maintenance under Any Other Matters. Vice Mayor Burckart requested discussion regarding the Country Club Drive Task Force under Any Other Matters. Village Manager Kecycled Paper VILLAGE COUNCIL x,,., MEETING MINUTES DECEMBER 14, 1995 PAGE 2 ---------------- Bradford requested review of a letter from Jupiter Mayor Golonka requesting a written response to planning issues and also direction regarding Jupiter's suggestion for expedited mediation in the lawsuit against them on the water rate issue. Vice Mayor Burckart 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. Burckart - 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, Palm 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 Club 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 Effective Date. a) Ordinance Read by Title VILLAGE COUNCIL MEETING MINUTES DECEMBER 14, 1995 PAGE 3 Village Attorney Randolph read the proposed Ordinance by title only on First Reading. b) Overview of Ordinance Village Manager Bradford commented that this was an item contemplated a few years ago when the growing traffic on Country Club Drive had become an issue, and that one of the measures suggested had been to reduce the amount of right-of-way. This had been accomplished through restricted easements placed on the outer 15 feet o~ the 80-foot right-of-way. Another suggestion had been to measure setbacks along Country Club Drive in a different manner 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 mare residential in nature. This ordinance would accomplish those suggestions by allowing the measurement of setbacks from the inner edge of the intersection of the restricted easement and the remainder of the right-of-way. At review of the ordinance by the Public Works Committee, Vice Mayor Burckart had requested a revision to the schedule of site requirements which would add the following sentence: In no event shall the building or structure be 25 feet from the edge of the roadway pavement of Country Club Drive. Village Manager Burckart recommended approval of the ordinance. c) Village Council and Public Comments In response to comments by Councilmember Schauer and Vice Mayor Burckart, Village Manager Bradford verified that the roadway was generally consistent with the center line of the right-of-way except in one spot in the vicinity of the street leading to Eastwinds Landing. Pauline Hutchinson, 77 Camellia Circle, questioned who would pay for additional landscaping along Country Club Drive. Village Manager Bradford VILLAGE COUNCIL MEETING MINUTES DECEMBER 14, 1995 PAGE 4 ---------------- explained that approval of this ordinance had no bearing on future landscaping which might be installed, and would be a decision to be made at the time when a streetscape was considered. At that time the choice of whether all Village residents would pay, whether assessments would be made, or a combination of both, would be decided. Mrs. Hutchinson requested that the record reflect her position that not everyone should pay. Hal Hutchinson, 77 Camilla Circle, expressed concern that the 15-foot easement might go to property owners and increase the tax base, and was assured that would not happen. d) Motion to Adopt/Reject Ordinance on First Reading Councilmember Schauer made a motion to adopt the above Ordinance on First Reading. Councilmember Hansen 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 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: VILLAGE COUNCIL ., MEETING MINUTES DECEMBER 14, 1995 PAGE 5 ---------------- VI. APPROVAL OF MINUTES AND REPORTS *A) Community Appearance Board; October 11, 1995 *B) Village Council Workshop Meeting; November 8, 1995 *C) Village Council Meeting; November 9, 1995 *D) Village Manager's Report; November 6, 1995 - December 8, 1995 VII. APPOINTMENTS A) Board of Adjustment *1) Consideration of Appointment of Wayne Shindoll as a Regular Member of the Board of Adjustment to a Three-Year Term Expiring on 12/31/98. (Staff Recommends Approval) *2) Consideration of Appointment of Alexander W. (Alec) Cameron as a Regular Member to the Board of Adjustment with Said Term Expiring on 12/14/98. (Staff Recommends Approval ) IX. NEW BUSINESS *B) Consideration of Proposal from Professional Piping Services, Inc. of Land O'lakes, Florida, in the Amount of $7,920 for Cleaning of 4000' of Raw Water Pipeline, with Funding to be Provided from the Water Enterprise Fund, Operating and Maintenance Account, Having an FY 1996 Account Balance of $46,573. (Staff Recommends Approval) *G) Consideration of Bid Award to William H. Murphy, General Contractor, Inc., of Tequesta, Florida, for Improvements to Tequesta Park Pavilion in the Amount of $36,520, Having an VILLAGE COUNCIL MEETING MINUTES DECEMBER 14, 1995 PAGE 6 ---------------- Approved General Fund Budget of $35,000. Additional funding is available in the Amount of $1,520 in Recreation Contractual Services for Project Completion. (Staff Recommends Approval ) *H) Consideration of Bid Award to Edwards Electric Corporation of West Palm Beach, Florida, in the Amount of $29,500, for Water Treatment Plant Filter Backwash Control Modifications, with Funding to be Provided by the Water Enterprise Fund, Renewal and Replacement Account, Having an FY 96 Budget Amount of $35,000. (Staff Recommends Approval) Motion was made by Councilmember Schauer to approve the Consent Agenda as submitted. 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 Joseph N. Capretta - for The motion was therefore passed and adopted and the Consent Agenda was approved as submitted. Village Manager Bradford requested that attention be directed to Item 9b, page 3, and pointed out that this was a very important item since it would allow increased flow of water to the treatment plant. Village Manager Bradford explained that in the future as the Village moved to expeditiously accomplish the goals and objectives of the Water Department, items such as this might come to the Village Council after the Village Manager had signed the contract in order to avoid delay of needed procedures, as allowed under the Village Charter. VILLAGE COUNCIL Hers MEETING MINUTES DECEMBER 14, 1995 PAGE 7 ---------------- VIII. DEVELOPMENT MATTERS A) Request for Release from Unity of Title for NationsBank at County Line Plaza, 722 U.S. Highway One North. Building Official Scott D. Ladd explained that the Original Site Plan Review of County Line Plaza had been approved under Unity of Title in order to provide consistency in setbacks, lot coverage, parking requirements, etc., since it consisted of multiple land parcels as well as four outparcels. Building Official Ladd explained that NationsBank desired to purchase their leased outparcel and that several requirements had been accomplished which were necessary before such a purchase could go forward. One of those requirements had been a zoning study to determine the impact on the whole shopping center, x... which had revealed that variances would be necessary and that an ingress/egress easement from U.S. One to the site would be needed to provide direct access to a public road right-of-way as required by Village Code. Building Official Ladd reported that the variances had been received, and that this action would have no effect on prior variances granted to the whole shopping center. Attorney Neil Rollnick, representative for NationsBank, responded to Councilmember Schauer that this matter had taken so long to accomplish because it had been handled by various attorneys through the years, and because the shopping center owners had no incentive to assist because the entire 99-year lease payment had been made on the day the building was available for occupancy. Councilmember Capretta inquired whether the other outparcel leasees might also desire to purchase. It was explained that Bank Atlantic had already purchased their parcel, and that the Clock Restaurant did not have the option to purchase. Vice Mayor Burckart commented that Palm Beach County had a zoning code requirement in situations such as this under Unity of Title where an additional document called Unity of Control was required, which reinforced the approved VILLAGE COUNCIL .,: MEETING MINUTES DECEMBER 14, 1995 PAGE 8 ---------------- Site Plan and did not allow an outparcel to come back to change the Site Plan after they had been broken out without review of the entire development. The Vice Mayor recommended consideration of such a document by the Village. Mayor Mackail questioned whether a future sale or transfer of the outparcel by NationsBank would be in compliance with the Village's zoning requirements. Village Attorney Randolph explained that a transfer of title did cause non- conformities to the Zoning Code, however, since variances from those non-conformities had been received by NationsBank, they were now in compliance with the Zoning Ordinance. The Village Attorney recommended consideration of the Unity of Control; however, advised that the Village Council had power under the existing Unity of Title to look at the whole project when a request was received for release of a parcel. Councilmember Capretta questioned why the ~, Village would want to grant release of outparcels since they would lose control. Vice Mayor Burckart explained that was why he had recommended that a Unity of Control document also be used in such a situation. Village Manager Bradford stated that he liked the idea of the Unity of Control since it would mandate continuity. Councilman Capretta commented that he was unsure whether it would be better administratively. Motion was made by Councilmember Schauer to approve the release from Unity of Title for NationsBank at County Line Plaza. The motion was seconded by Couneilmember Hansen. 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. Mayor Macka.~l requested that Building Official Ladd ,.,~, VILLAGE COUNCIL «. MEETING MINUTES DECEMBER 14, 1995 PAGE 9 proceed with research into Unity of Control to be brought before the Village Council. 8) Landscape Ordinance No. 377 Plan Review; Landscape Waiver Request; Georgetown Place Phase I, 420-427 North Cypress Drive. Roy Fisher & Associates, Landscape Architect. Mayor Mackail explained that the Community Appearance Board had approved this landscape waiver request by unanimous vote of 5-0. Councilmember Schauer requested verification that the request made by the Community Appearance Board to cut back existing oleanders and to fill gaps in the existing hedge had been accomplished. Building Official Ladd stated that would be done. Vice Mayor Burckart expressed concern that the oaks had not been continued on the north and south edges of the property. Landscape Architect Steve Niedergeses explained that the oaks were slightly further to each side so that they did not appear on this plan, and that they had been installed by the Village as a part of the streetscape plan. C) Landscape Ordinance No. 377 Plan Review; Landscape Waiver Request; TamWest Realty for County Line Plaza, 506-722 U.S. Highway One North (Excluding K-Mart). Junson, Inc., Landscape Architect. Mayor Mackail reported this waiver request had been approved by the Community Appearance Board by a unanimous vote of 5-0. Councilmember Schauer questioned whether care of the queen palms would be monitored, to which the response was that a later decision had been made to remove the palms. Councilmember Schauer commented on the improved landscaping along the western part of the shopping center. Sonny Perna, Landscape Architect, explained that portion of the landscaping had been done by K- Mart, but the shopping center owner had agreed to soil amendments and irrigation which would improve growth >.:y,,. of the shopping center landscaping. Vice Mayor ~°~ VILLAGE COUNCIL ~,~~~. MEETING MINUTES DECEMBER 14, 1995 PAGE 10 ---------------- Burckart objected to the lack of landscaping along the property line between the shopping center and the proposed Sterling House project. After ensuing discussion, the Vice Mayor commented that he had thought that part of the landscaping would be brought back for approval later. Councilmember Hansen commented that the parking areas were higher than the landscaped areas which allowed runoff of contaminants into the plantings, with no drains for runoff. Landscape Architect Perna agreed that was the way this parking lot had been designed, and explained that he had chosen plants that liked wet conditions in order to try to turn a negative situation into a positive. Building Official Ladd responded to Mayor Mackail that the landscaping along the western property line met Code requirements, and that all of the plants on the approved plan had been installed. Vice Mayor Burckart stated his displeasure with the landscaping in that ~.. area . Motion was made by Councilmember Hansen to approve the Landscape Waiver Request to Landscape Ordinance No. 377 for TamWest Realty for County Line Plaza. 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. IX. NEW BUSINESS A) Ordinance - First 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 VILLAGE COUNCIL ~, MEETING MINUTES DECEMBER 14, 1995 PAGE 11 ---------------- 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 Enforc~nent; 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 First Reading. Village Manager Bradford explained that the Village's current Ordinance which addressed animals and fowl was outdated and that problems had been experienced in one neighborhood where one resident had been keeping a number of animals to the detriment of the adjacent property owners. The Village Manager commented that the following items were covered in the current ordinance: Declaration of the Village as a bird sanctuary, required control of animal excretions, prohibited running of large dogs, required registration and inoculation of dogs, required impounding of dogs found running at large, and dealt with rules and regulations for protection of sea turtles. Village Manager Bradford summarized the proposed changes, which would provide a definition section for animals and owners, as well as a new section prohibiting the keeping of certain animals, and basically only allowing dogs, cats, parrots, parakeets, canaries, rabbits, guinea pigs, hamsters, gerbils, turtles and other animals which can be legally sold in a licensed pet shop in Florida. The VILLAGE COUNCIL MEETING MINUTES DECEMBER 14, 1995 PAGE 12 ---------------- new section would limit to six the number of domesticated household pets per household, except for dogs and cats under 8 months of age and except fish. Cats would also be required to wear collars and tags. The Village Manager explained that the proposed changes would update the existing Ordinance. Dottie Campbell commented that the following animals had been sold in licensed Florida pet shops: Wolves, foxes, racoons, exotic cats, reptiles, and lizards, and stated that just because an animal could be sold in a licensed pet shop that it should not be exempted in this Ordinance. Village Attorney Randolph explained the language had been taken from other ordinances which had used the same type of criteria, and was just an expansion of the existing ordinance. Ms. Campbell recommended consultation with the Humane Society to formulate a workable definition. Ms. Campbell suggested a change from 6 to 7 of the number of domesticated animals per household to conform to the County regulation. Ms. Campbell explained she had been an officer of the Humane Society for eight years, objected to the 8 month age limit allowed for litters of dogs and cats, and to the wearing of collars by cats since they could hang themselves when climbing trees. Ms. Campbell stated she would like to view the compound where animals were temporarily held until picked up by animal control people, and advised the Village Council that the North County Humane Society had recently been helpful in retaining such animals until they could be claimed. Ms. Campbell requested information regarding who would be the animal control officer, stated there were no provisions in the ordinance for working dogs, and did not state whether the animal control officer would pick up wildlife. Michael Laughran, 150 Chapel Lane, explained how the State of Florida classified animals: Class 1 examples - lions, gorillas, hippos; Class 2 examples - hyaenas, wolves; Class 3 included permittable and unpermittable. An example of a Permittable Class 3 °° animal would be a raccoon, and a person experienced in ~,~~ handling raccoons could obtain a license to keep one VILLAGE COUNCIL ~,~,,.: MEETING MINUTE S DECEMBER 14, 1995 PAGE 13 on their premises except if not allowed by local law. Mr. Laughran also explained that a pet store could not legally sell Class 1 animals, but could sell Class 2 animals if they had a permit from the State. Mr. Laughran suggested the definition language be: any animal that can be sold legally in a pet store in the State of Florida except any animal that requires a permit by the State of Florida. Village Attorney Randolph commented that the ordinance on first reading should include the intent so that there would be no substantive changes before second reading. The Village Attorney suggested changing the 8 month age limit to 3 months; requiring tags but not collars for cats; adding North County Humane Society as an alternative temporary shelter, not using the existing definition of domesticated household pets, and excluding animals normally defined as exotic or wild and which would otherwise require a permit from the State of Florida. Councilmember Hansen made a motion to approve the above Ordinance on First Reading by title only with the appropriate changes and to be reviewed for Second Reading at the next Village Council Meeting. 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. C) Resolution No. 10-95J96 - Providing for .Amendments to the Village Budgets for the Fiscal Year Commencing on October 1, 1995. (Staff Recommends Approval) Mayor Mackail read Resolution No. 10-95/96 by title only. ,;,.. VILLAGE COUNCIL ,,,. MEETING MINUTE S DECEMBER 14, 1995 PAGE 14 Village Manager Bradford explained that this Resolution would accommodate carryover encumbrances, i.e., items started in the previous fiscal year but rolled over for completion or because the estimated cost was not exact. Councilmember Schauer made a motion to approve Resolution 10-95/96. 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 Joseph N. Capretta - for The motion was therefore passed and adopted. D) Resolution No. 11-95/96 - Relating to Revoking Membership in the Florida Retirement System; Providing an Effective Date. (Staff Recommends Approval) Mayor Mackail read Resolution No. 11-95/96 by title only. Village Manager Bradford explained that this draft had been reviewed at the Public Hearing regarding House Bill 1505 held on December 7 and that it was a requirement of House Bill 1505 that the Village state its intention to revoke membership in the Florida Retirement System upon adoption of the alternative retirement(s). Councilmember Hansen made a motion to approve Resolution 11- 95/96 as submitted. 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 VILLAGE COUNCIL MEETING MINUTES DECEMBER 14, 1995 PAGE 15 ---------------- The motion was therefore passed and adopted. E) Resolution No. 12-95/96 - Approving an Agreement between Palm Beach County and the Village of Tequesta for the Development of Two Multi-Purpose Playground Areas at Constitution Park and Authorizing the Mayor to Execute the Same on Behalf of the Village. (Staff Recommends Approval) Mayor Mackail read Resolution No. 12-95/96 by title only. Village Clerk Manganiello explained that the Village Council had directed staff to follow up on the generous offer made by County Commissioner Marcus to provide a gift of $50,000 in grant assistance money; and that the Palm Beach County Director of Parks and Recreation had expressed a preference for use of the -~ funds at Constitution Park. The Village Clerk explained that a draft agreement had been completed which would give the Village $50,000 outright for the development of two multi-purpose playground areas at Constitution Park, and that if approved by the Village Council, this agreement would be scheduled for consideration by the County Commission at their January 23, 1996 meeting. Councilmember Hansen inquired whether this gift would mean the Village was $50,000 ahead of budget for Constitution Park. The Village Clerk explained that she had worked within the budgeted funds, so that this $50,000 would indeed be extra funds. Vice Mayor Burckart questioned whether money could be allocated for extra trees at the playground area in Tequesta Park. Village Clerk Manganiello explained that extra bond money could be allocated for that purpose. Alec Cameron, Tequesta Gardens, inquired how the $50,000 would be used. Village Clerk Manganiello explained that the future playground site designated on the Master Plan could now be constructed, and that playground equipment was very expensive, so that VILLAGE COUNCIL MEETING MINUTES DECEMBER 14, 1995 PAGE 16 ---------------- $50,000 did not go a long way. Councilmember Schauer made a motion to approve Resolution 12-95/96. 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 Joseph N. Capretta - for The motion was therefore passed and adopted. F) Consideration of Authorizing Village Staff to Conduct a Public Opinion Survey Concerning Recreational Programs and Services by PMG Associates, Inc. Of Deerfield Beach, Florida, in the Amount of $1,000, with Funding to be Provided from the General Fund Undesignated Fund Balance. (Staff Recommends Approval) Village Manager Bradford commented that the Village now owned the JTJC building and all of the property to be developed as Constitution Park, and that it was unknown what kind of programs the people of Tequesta desired for that facility. The public opinion survey which would be conducted by PMG Associates would have a confidence level of 95%, and would include both indoor and outdoor activities. Mayor Mackail commented that with the large number of young children now living within the Village, these funds would be well spent. Councilmember Hansen made a motion to authorize Village Staff to Conduct a Public Opinion Survey Concerning Recreational Programs and Services by PMG Associates, Inc. Of Deerfield Beach, Florida, in the Amount of $1,000, with Funding to be Provided from the General Fund Undesignated Fund Balance. The motion was seconded by Councilmember ~' Schauer. The vote on the motion was: VILLAGE COUNCIL a., MEETING MINUTES DECEMBER 14, 1995 PAGE 17 ---------------- 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. X. UNFINISHED BUSINESS A) Ordinance - Second Reading Planning and Development, of by Amending Article V, Conservation, at Section 13. Requirements ;• Providing for for Repeal of Ordinances in Codification; Providing an Recommends Approval) • Amending Chapter 13.1, the Code of Ordinances, Water Protection and 1-75, Water Conservation Severability; Providing Conflict; Providing for Effective Date. (Staff Village Attorney Randolph read Resolution No. 9-95/96 on Second Reading by title only. Councilmember Schauer made a motion to approve the above Ordinance on Second Reading by title only. 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 Joseph N. Capretta - for The motion was therefore passed and adopted. XI. ANY OTHER MATTERS Councilmember Schauer reported she had attended a meeting of the Northern Palm Beach County / Southern Martin County Planning Forum where a request had been made for a written VILLAGE COUNCIL MEETING MINUTES DECEMBER i4, 1995 PAGE 18 ---------------- status report by March 6, 1996, from each municipality on the bulleted items in their report, as well as an EAR on the Comprehensive Plan for those items affecting the Village of Tequesta. Mayor Mackail reported he had received two telephone calls complimenting Councilmember Schauer on her speech at that meeting. Councilmember Hansen commented that there had been two items on the consent agenda at tonight's meeting which pertained to water department maintenance, and the Village Council had approved several similar items during the year, knowing that in order to reduce the amount of water purchased from Jupiter that the Village system must be in very good condition. Councilmember Hansen requested a report of funds spent on system maintenance over the past few years and comments from Water System Manager Tom Hall. Mr. Hall stated he had provided photographs taken in 1989 of built-up material in water lines, and that recent work on the same pipeline had revealed further buildup, which had provided a basis for an approximate 5-year cleanout program in order to maximize capacity. Mr. Hall explained that since September, 1995, a new maintenance program had been implemented for chlorination of wells which had been very successful; and reported that a new well (No. 25) located at the entrance of Turtle Creek and Country Club Drive was now online. Mr. Hall stated that two additional wells should be online in 3- 4 months so that maximum permitted capacity could be realized and the amount of water purchased from Jupiter reduced. Vice Mayor Burckart stated that he had recently received several comments that Tequesta water was becoming very hard on laundry, laundry equipment, and interior plumbing fixtures. Mr. Hall responded that the water was considered moderately hard and the Village did not soften the water; but hard water did not create problems with laundry. Since the system was mixing two qualities of water it was difficult to monitor, however, it should not create problems such as alluded to by the Vice Mayor. Mr. Hall responded to Councilmember Hansen that he was comfortable with the maintenance plan, that the intent was to reduce down time for each well and to have spare parts for repairs; that a contractor was now available to repair a well within 15 days; and that the Water Department was making a lot of improvements. vILIAGE covNCIL MEETING MINUTES DECEMBER 14, 1995 PAGE 19 ---------------- Councilmember Capretta complimented Building Official Scott D. Ladd on the report he had provided to update the Village Council on the status of Ordinance 377 compliance, and requested that this report be provided periodically. Vice Mayor Burckart commented that the Village Council had requested that the Public Works Committee review a course of action in accordance with the recommendations of the Country Club Drive Task Force regarding the Safe Neighborhood Act. In doing so, the Public Works Committee had concluded that using only one recommendation of the Task Force would not be workable, and requested further direction from the Village Council regarding the other suggestions made by the Task Force. During discussion, Councilmember Hansen suggested that the Public Works Committee short list or prioritize the Task Force's suggestions into two categories so that the Village Council would not have to deal with all of them on an equal basis. Councilmember Capretta summarized the Village strategy for Country Club Drive as taking progressive steps to make that roadway a less desirable route for motorists so that they would choose an alternative; stated that the steps must be continued since no cooperation was forthcoming from Martin County, Jupiter, or Palm Beach County, who were in fact becoming less cooperative; and recommended putting the Task Force's recommendations into sequential order for accomplishment. Mayor Mackail commented that Longshore Drive, Loxahatchee River Road, and North Fork Drive were all designed to handle more traffic. Mayor Mackail stated that he had been working on a chronological order that he believed would work; that this was a regional issue but the other entities were not cooperating; that he would like recommendations from Commissioner Gettig regarding Martin County's plan to resolve such an important issue; and that the Task Force had been appointed to review traffic patterns for the whole Village and not just Country Club Drive. After further discussion, it was the consensus of the Village Council that the Public Works Committee should review the recommendations of the Task Force and short list them and/or prioritize them. ~~ Vice Mayor Burckart discussed the joint meeting with Jupiter ~ regarding accreditation and recommended a letter be sent to VILLAGE COUNCIL MEETING MINUTES DECEMBER 14, 1995 PAGE 20 the School Board stressing that this issue must be resolved immediately. Councilmember Schauer explained that at the last School Board meeting the School Board had denied Jupiter High School the four teachers needed in order to meet accreditation. Councilmember Schauer reported that block scheduling would be instituted during January if proper approvals were received, since that was the only possible way to now meet accreditation; and that Palm Beach Gardens High School had been denied funding for their ROTC program. Councilmember Schauer stated that Jupiter High School would be losing all their elective teachers, so that there would be nothing to offer the children as a caveat to stay there, and they would have to attend other schools unless approval for the four teachers needed could be received. Councilmember Schauer stated she would be attending a meeting the next morning to try to clarify the situation and would then make a decision on how to proceed. Councilmember Schauer explained that under block scheduling each teacher's 45-minute session was lengthened to 90 minutes, and the problem was that they did not teach for the additional 45 minutes, but showed videos or allowed the children to do their homework. Councilmember Capretta stated he had seen no plan for future funding to operate the school system and believed it would be inappropriate to vote in the proposed l~ sales tax without such a plan. Councilmember Schauer commented that people should realize that the proposed 1C sales tax would not benefit north county, since it was all to go to southern and central Palm Beach County. Mayor Mackail commented that the proposed 1G sales tax was only a band-aid approach to cover a shortfall and that no forecast had been done out past five years; and that change needed to come through legislation. Vice Mayor Burckart questioned whether the Village could legally force the School Board to place the needed teachers at Jupiter High School, to which the Village Attorney responded he did not know of a way but would conduct research if directed by the Village Council. Councilmember Capretta stated that something dramatic must be done. Village Manager Bradford discussed a letter received from Mayor Golonka requesting Village intentions regarding their use of Jupiter water. Since the Village had already ~,,~, answered the questions raised in this letter last May, VILLAGE COUNCIL MEETING MINUTES DECEMBER 14, 1995 PAGE 21 ---------------- Village Manager Bradford had restated the same information in reply to this December 6, 1995 letter, which was that the Village had no present intention of extending service from Jupiter beyond the July, 2007 present contract expiration date absent extraordinary circumstances, and Tequesta did have an interest in exploring with Jupiter an amendment to the contract which would contemplate the discontinuance of service prior to the July 2007 contract expiration date. Vice Mayor Burckart requested that this reply reference the May, 1995 letter and state that the Village was restating their previous answer. Mayor Mackail requested a copy of the May 1995 letter be attached. Vice Mayor Burckart requested that a copy be sent to Mr. Turner for publication in the newspaper. Councilmpmber Schauer made a motion to approve the letter of response to Jupiter as proposed. 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 Joseph N. Capretta - for The motion was therefore passed and adopted. Village Manager Bradford stated that a fax had been received on December 13 from Lee Evett, Town Manager of Jupiter, expressing their desire to proceed with formal mediation in the question of equitable bulk sale of water to the Village of Tequesta. Village Attorney Randolph explained the mediation process, a requirement in the process of a lawsuit to make an attempt to settle before trial, and stated that this request was to hold the mediation sooner than normally required, which was very unusual this early in the process. Councilmember Capretta suggested that the only reason for early mediation was settlement out of Court, and discussed Jupiter's possible motives. Village Attorney Randolph stated that he viewed this case as strictly a contract case, and that mediation would be kept confidential. ,: VILLAGE COUNCIL MEETING MINUTES DECEMBER 14, 1995 PAGE 22 Councilmember Schauer made a motion that the Village go to mediation with the Town of Jupiter over the water rate issue. 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. XII. COMMUNICATIONS FROM CITIZENS Joe Hall, 159 Country Club Drive, questioned the age of the Country Club Drive traffic survey. Village Manager Bradford responded that the study was approximately two years old, and the Village now had computerized cards which the Police Department could use periodically to update the count without incurring a large expense. After discussion, the Councilmembers agreed that the middle of January should be considered the height of the season, and that a traffic survey should be conducted then, as well as the currently planned survey, and that a survey should be conducted each month. Mr. Hall suggested that an up-to-date traffic survey would be very important in any possible future meeting with Commissioner Gettig. Mayor Mackail stated the real concern was what was going to take place in Sections 28 and 33. XIII. ADJOURNMENT Councilmember Hansen moved that the meeting be adjourned. 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 VILLAGE COUNCIL p~ MEETING MINUTES DECEMBER 14, 1995 PAGE 23 Joseph N. Capretta - for the motion was therefore passed and adopted and the meeting was adjourned at 9:20 P.M. Respectfully submitted, -~' '~ Betty Laur Recording Secretary ATTEST: JfSann Mangani to Village Clerk DATE APPROVED: //