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HomeMy WebLinkAboutMinutes_Regular_02/23/1995VILLAGE 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 FEBRUARY 23, 1995 r^""', I. II. III. CALL TO ORDER AND ROLL CALL The Tequesta Village Council held a regularly scheduled meeting at the Village Hall, 357 Tequesta Drive, Tequesta, Florida, on Thursday, February 23, 1995. The meeting was called to order at 7:00 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, Elizabeth A. Schauer, Earl L. Collings, and Joseph N. Capretta. Also in attendance were: Village Manager Thomas G. Bradford, Village Clerk Joann Manganiello, Attorney Tracey Biagiotti sitting in for Village Attorney John C. Randolph, and Department Heads. 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. APPROVAL OF AGENDA Addition of the following agenda items was requested under Any Other Matters: Councilmember Schauer requested discussion of a letter from Palm Beach County Commissioner Karen Marcus; Councilmember Capretta requested discussion of two Tequesta parks and lawsuits; Vice Mayor Burckart requested an item regarding the sign ordinance. Vice Mayor Burckart moved that the Agenda be approved as amended. Councilmember Collings seconded the motion., The vote on the motion was: uo,,,~i~,~ n,,,,~r Village Council l+teeting Minutes February 23, 1995 Page 2 ------------------------------- Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - for Earl L. Collings - for Joseph N. Capretta - for The motion was therefore passed and adopted and the Agenda was therefore approved as amended. IV. PUBLIC HEARING Ordinance - First Reading - Adopting Certain Amendments to the Village of Tequesta Comprehensive Development Plan, Adopted October 12, 1989, As Amended, by Amending the Traffic Circulation Element, the Intergovernmental Coordination Element and the Capital Improvement Element; Providing for Severability; Providing for Repeal of Ordinances in Conflict; Providing for Codification, Providing an Effective Date. (Staff Recommends Approval) 1) Ordinance Read by Title Attorney Tracey Biagiotti read the above Ordinance by title only. 2) Overview of Ordinance Building Official Scott D. Ladd explained that the proposed Comprehensive Plan Amendment had been changed from the original version presented to the Village Council because of objections raised by DCA as well as neighboring municipalities. The original amendment had assigned a new road classification. to Country Club Drive and to Seabrook Road of neighborhood access roads which would reduce the number of trips per day. The new amendment kept the current road classification of urban collector roads but still reduced the level of service from 15,300 to 10,900 trips per day. Traffic Consultant Fred Schwartz explained that 10,900 was the peak season number, and that currently there were approximately 7,700 trips per day. Village Council Meeting Minutes February 23, 1995 Page 3 ------------------------------- 3) Village Council and Public Comments Councilmember Capretta stated that the original intent of the Village Council was to reduce traffic so that future development north of Tequesta which would add traffic to Country Club Drive in excess of 10,900 trips per day would not be permitted, and to assure that Country Club Drive would never become four lanes by reducing the right of way on each side of the road. Consultant Jack Horniman explained that this amendment would lower the traffic threshold to 10,900 and also maintain Country Club Drive as a 2-lane road, with 50 feet of the right-of-way used for the roadway and 30 feet (15 feet on each side of the road) for landscape easements, irrigation easements, etc. Mr. Horniman responded to Councilmember Capretta that this amendment would not permit gates to be erected or the closing of Country Club Drive. Building Official Scott D. Ladd responded to Mayor Mackail that under this amendment the Village would meet all of its Comprehensive Plan policies regarding traffic circulation, and that this amendment would give the Village standing to object to new development outside Tequesta that may have an adverse effect on traffic within the Village. Councilmember Capretta explained that he was not in favor of either closing Country Club Road or of putting up gates. Doris Pellegrini, 18081 S.E. Country Club Drive, South Martin County, supported efforts to reduce traffic, urged the Village Council to work with Martin County Commissioners to control growth and development, reminded the Council that Martin County had allowed a water easement though their property for Tequesta water, and asked that Martin County not be considered as an enemy. Ms. Pellegrini commented that a collector road 1/10 of a mile from the present one in Little Club might attract more traffic since it might be a better road. Fredrick Linn, 9440 S.E. Point Terrace, Jupiter, questioned why the amendment section Intergovernmental Coordination did not include Village Council Meeting Minutes February 23, 1995 Page 4 ------------------------------- Martin County in Paragraph 1.1.5 and 1.1.6 when mentioning all governmental bodies. Consultant Horniman responded that Palm Beach County had established an Intergovernmental Coordination Program approximately two years ago which included 34 cities along with special districts and others; however he believed that if possible it should be expanded to include neighboring counties. Mr. Linn referred to Support Documentation on page 4-27, paragraph 4.5.4 entitled "Adjacent Martin County Considerations" which stated: "Country Club Drive presently provides access to Martin County and is operating at an acceptable level of service at the present time. However, if development in neighboring Martin County are approved, it is expected that future traffic projections for this Tequesta Link are going to become strained." Mr. Linn stated in writing for the record that "this paragraph is not supported by traffic study data on page 4-11. The projections for Traffic on Country Club Drive in 2010 are 7,500 VPD and 375 VPH peak hour. This is way below the C level of service that you are putting on Country Club Drive; these are 10,000 VPD and 560 VPH, Peak Hour. I recommend that this paragraph be removed as it is not supported by your own data." James Magnor, 372 Country Club Drive, commented that he had seen a significant increase in level of traffic since October and thanked the Council for their action to reduce traffic on Country Club Drive. Marge Kedder, River's Edge, commented that she had lived in the area since 1952 and welcomed the Village's support in fighting density in the area. In response to Mayor Mackail, Ms. Kedder stated that she was working to persuade Martin County Commissioners that low density in the portion of Martin County near Tequesta was needed because of already overburdened roads, and that there were other areas of Martin County that could be developed with high density. Village Manager Bradford reported on two occasions ~Y he had personally gone to the Martin County Board Village Council ~_~ Meeting Minutes February 23, 1995 Page 5 ------------------------------- of County Commissioners and also in writing had requested that they amend their Comprehensive Plan to mandate Intergovernmental Coordination with Tequesta on development and roadway issues with no results. In response to the Village Manager, Mr. Schwartz explained that the traffic numbers referred to by Mr. Linn on page 4-27 was that if development should proceed with a higher intensity than was assumed in the analyses that the roadways would become strained and that the volume projections on page 4-11 were in different time frames none of which were ultimate buildout of the Village and Martin County. Mr. Horniman commented that because of the timing of this amendment a time warp existed and an update of the plan would be necessary in a couple of years, but was not necessary for this amendment. 4) Motion to Adopt/Reject Councilmember Collings moved that the response from DCA be accepted. Councilmember Schauer seconded the motion. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - for Earl L. Collings - for Joseph N. Capretta - for The motion was therefore passed and adopted. Councilmember Collings moved that the above Ordinance be adopted on first reading. Councilmember Schauer seconded the motion. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - for Earl L. Collings - for Joseph N. Capretta - for The motion was therefore passed and adopted. .. Village Manager Bradford announced that second reading of Village Council - Meeting Minutes February 23, 1995 Page 6 ------------------------------- the above Ordinance would be March 9, 1995 at 7:00 P.M. at the Village Hall, 357 Tequesta Drive, Tequesta. Councilmember Collings left the meeting at 8:17 P.M. 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) Community Appearance Board; January 11, 1995 *B) Tree Board; January 11, 1995 VII. NEW BUSINESS *D) Consideration of Bid Award to Caruso Chrysler/Jeep of Jacksonville, Florida, in the Amount of $16,358, per State of Florida Contract Price for One (1) 1995 Jeep Cherokee for the Water Department Having an FY 1995 Water Enterprise Fund Budget Allocation of $17,500. (Staff Recommends Approval) Motion was made by Boardmember Schauer to approve the Consent Agenda as submitted. 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 Joseph N. Capretta - for The motion was therefore passed and adopted and the Consent Agenda was approved as submitted. ,,.~,.., Village Council Meeting Minutes February 23, 1995 Page 7 ------------------------------- VII. NEW BUSINESS A) Resolution No. 12-94/95 - Approving an Interlocal Agreement with the Solid Waste Authority of Palm Beach County for Assistance in the Preparation of the Assessment Roll to be used by the Tax Collector for Collecting Assessments Associated with Collection Services for Garbage, Trash and Recycling Within the Village of Tequesta. (Staff Recommends Approval) Attorney Tracey Biagiotti read Resolution No. 12-94/95 by title only. Village Manager Bradford responded to Councilmember Schauer that when Nichols Sanitation contract expires the Village should go out for bids on that contract. Vice Mayor Burckart made a motion to approve Resolution No. 12-94/95. Councilmember Schauer seconded the motion. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - for Joseph N. Capretta - for The motion was therefore passed and adopted. B) Resolution No. 13-94/95 - Approving a Non-Ad Valorem Assessment Agreement with the Tax Collector of Palm Beach County for Implementation of the Non-Ad Valorem Billing and Collection Associated with Collection Services for Garbage, Trash and Recyclables within the Village of Tequesta. (Staff Recommends Approval) Attorney Tracey Biagiotti read Resolution No. 13-94/95 by title only. Vice Mayor Burckart made a motion to approve Resolution No. 13-94/95. Councilmember Schauer seconded the motion. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - for Village Council Meeting Minutes February 23, 1995 Page 8 ------------------------------- Joseph N. Capretta - for The motion was therefore passed and adopted. C) Resolution No. 14-94/95 - Approving an Agreement with the Property Appraiser of Palm Beach County for Assistance in the Preparation of the Assessment Roll to be Used by the Tax Collector for Collecting Assessments Associated with Collection Services for Garbage, Trash and Recyclables within the Village of Tequesta. (Staff Recommends Approval) Attorney Tracey Biagiotti read Resolution No. 14-94/95 by title only. Vice Mayor Burckart made a motion to approve Resolution No. 14-94/95. Councilmember Schauer seconded the motion. Discussion of the motion was as follows: Alec Cameron, 1 Garden Street, Apt. 203-L questioned how this matter would be handled by condominium associations. Village Attorney Bradford responded that October 1, 1995 these billings would be billed on individuals' tax statements issued November 1, 1995; however, the condominium associations would continue to be billed for extra services provided beyond the basic service provided by Tequesta. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - for Joseph N. Capretta - for The motion was therefore passed and adopted. XII. ANY OTHER MATTERS Councilmember Schauer informed the Village Council that she had received a letter from County Commissioner Karen Marcus requesting that either she or Jody Gleason be allowed to attend a Council Meeting to address the Council regarding concurrency. Councilmember Capretta explained that the ,~~, subject of the presentation would be that a developer must provide for schools to service his development as well as Village Council Meeting Minutes ~: February 23, 1995 Page 9 roads, parks, police and fire in April was determined to be future for the presentation. services. The second Thursday the best meeting in the near Councilmember Capretta commented that approximately $500,000 had been appropriated to refurbish Tequesta Park and that some people wanted to sue the Village over the issue of whether the Village should even have the park, and was assured by Village Manager Bradford that the development would not be slowed, that Tom Hall had met with the Park Ranger and discussed the complaints, and everything had been taken care of and the work was under way. Councilmember Capretta discussed Constitution Park where the work had been stopped because of a lawsuit by a former board member of JTJC which was now being appealed. Councilmember Capretta proposed that a public campaign in the newspapers be instituted exposing the person who was stopping the playground from being built, and that a sign be erected in the playground designating the place where another swing set could have been and announcing it was not there because of Ms. Johnston's interference. Village Manager Bradford responded to Councilman Capretta that if the Village took over the park completely that the person who had brought the lawsuit would probably challenge the legality of the transference of ownership from JTJC. After further discussion, Mayor Mackail stated that two people who lived in Jupiter should not be able to tell Tequesta that they cannot have a park and asked Attorney Biagiotti to instruct Village Attorney Randolph to sue them and take the offensive. Councilman Capretta stated he believed that these people would appeal to the Florida Supreme Court. Attorney Biagiotti advised that the appeal period was almost over, that it was not easy to go before the Florida Supreme Court, and that she would pass Mayor Mackail's instructions on to Village Attorney Randolph. Dottie Campbell informed the Village Council that the instigator of the lawsuit was Louise Johnston whose contention was that JTJC was dedicated to the youth of Jupiter and Tequesta but held activities in their facility that were not strictly for the youth. Ms. Campbell stated the best ally of the Village at JTJC was Adele Schlusmeyer, .. and that JTJC could not sue Louise Johnston because of lack of money. Ms. Campbell stated she believed that Louise Johnston should be publicly exposed so that everyone would Village Council ,,_ Meeting Minutes February 23, 1995 Page 10 ------------------------------- know what she had done. Councilman Capretta stated he would like to find out from the Village Attorney what the Village Council could do legally to bring pressure on this issue, or what a citizen such as Ms. Campbell could do. Attorney Biagiotti advised that the people who had brought the lawsuit evidently had a cause of action or they would not have been able to continue their lawsuit. Mike Meter suggested that the Village might be able to sue for loss of the interest on the bond they had obtained from the bank in order to build the playground. Vice Mayor Burckart brought up the topic of a temporary sign for Cypress Ridge development. Gary Van Brock explained that he was requesting a waiver to the sign code to allow a temporary sign between the hours of 12 and 5 P.M. during the week to market the 48 lots in Cypress Ridge. In response to Councilmember Schauer, Mr. Van Brock stated that he had not advertised in the newspaper since everything was not ready, but he would now place ads in the local paper and the Palm Beach Post and would be also marketing by direct mail. Mayor Mackail suggested a quality sign that would be consistent throughout the Village. Mr. Van Brock responded that he was trying to get permission from a property owner to place a sign on his property which would be a quality sign and he would go before the Community Appearance Board for their approval. Councilman Capretta made a motion to grant Mr. Van Brock's request and allow use of the temporary sign for a 90-day period. Motion was seconded by Councilmember Schauer.. The vote on the motion was: Ron T. Mackail - for William E. Burckart - abstain Elizabeth A. Schauer - for Joseph N. Capretta - for The motion was therefore passed and adopted. ,;nN,~~~ Mr. Van Brock reported that scrub jay habitat had been ~,, fenced off and that the library construction could proceed. Village Manager Bradford reported that the completion date Village Council ,,,,, Meeting Minutes February 23, 1995 Page 11 ----------------- in the contract for the library was the week of October 20, 1995. X. COMlSUNICATION FROM CITIZENS Wade Griest, 494 S. Dover Road, requested the status of the cases concerning 370 Maple .Avenue and 89 Golfview Drive; and inquired whether the Village had taken any action to institute code enforcement procedures similar to the Lantana Plan. Mr. Griest also requested the status of the waiver request for parking a recreational travel trailer that was made at the Village Council meeting of January 12, 1995 and continued to the next meeting but had not yet been discussed. Village Manager Bradford reported that foreclosure suit was underway on both the Maple Avenue and Golfview properties; that the Code Enforcement Officer now has everything he needs to meet with Homeowner Associations to get their feedback regarding the Lantana plan and that he is awaiting permission from the Village Attorney to use the ticket writing procedure; and that staff had requested more time to research the definitions that actually apply to the travel trailer case. Stan Legner, Country Club Drive, stated that his question had been answered. Mayor Mackail wished him luck as he plans to move to Tennessee. IX. ADJOURNMENT Vice Mayor Burckart 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 Joseph N. Capretta - for the motion was therefore passed and adopted and the meeting was adjourned at 8:28 P.M. ,.....„ - Village Council Meeting Minutes February 23, 1995 Page 12 ------------------------------- Respectfully subm ed, ~~~.~~~ Betty Laur Recording Secretary ATTEST: J nn Mangani llo Village Clerk DATE APPROVED: ~.