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HomeMy WebLinkAboutMinutes_Regular_12/08/1994VILLAGE 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 DECEMBER 8, 1994 I. 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, December 8, 1994. 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 Scott Hawkins sitting in for Village Attorney John C. Randolph, 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 Councilmember Schauer requested items V(D),V(G) AND VII (A)(1) be pulled from the Consent Agenda. Councilmember Collings requested the addition after item (C) of IX New Business a discussion of Ordinance 11.5 regarding fees for traffic. Vice Mayor Burckart requested the addition of one other item after Councilmember Collings' discussion, and one item under Any Other Matters. Village Manager Bradford requested the addition under Any Other Matters of Council direction regarding the ENCON Tequesta Peninsula Septic Tank Study and the joint local government staff discussions regarding roadway corridors. Mayor Mackail requested the addition under Any Other Matters direction to Village Manager Bradford regarding response to letters from Joe Benjamin. Councilmember Collings moved that the Agenda be approved as amended. Councilmember Capretta seconded the motion. The ~m„,,. vote on the motion was: ~, Ron T. Mackail - for u,.r,,.r,.a n,,..,,.. Village Council Y. Meeting Minutes December 8, 1994 Page 2 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 approved as amended. IV. 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. V. APPROVAL OF MINUTES AND REPORTS *A) Board of Adjustment; October 24, 1994 *B) Community Appearance Board; November 2, 1994 *C) Village Council Workshop; October 25, 1994 *D) Village Council Meeting; October 27, 1994 *E) Village Council Workshop; November 1, 1994 *F) Village Council Meeting; November 10, 1994 *G) Village Manager's Report; November 7-December 2, 1994 VII. APPO INTMENTS *A) Board of Adjustment *1) Consideration of Reappointment of Edwin J. Nelson as a Regular Member of the Board of Adjustment for a Three-Year Term Expiring on December 31, 1997. (Staff Recommends Approval) IX. NEW BUSINESS *D) Consideration of Authorizing Purchase of One (1) 1995 Police Vehicle in the Amount of $16,167 from Don Reed Ford of Maitland, Florida, Pursuant to the State of Florida Contract, Southern District, having an FY 1995 General Fund Budget Allocation in the Amount of $22,750. (Staff Recommends Approval) Village Council Meeting Minutes December 8, 1994 Page 3 *E) Consideration of Authorizing Village Manager to Execute Proposed Engineering Services Proposal with Reese, Macon and Associates, Inc. of Palm Beach County, Florida, in the Amount of $6,500 for Renewal of South Florida Water Management District Consumptive Use Permit for the Tequesta Water Department, Having an FY 1995 Water Enterprise Fund Budget Balance of $15,953. (Staff recommends approval) Mayor Mackail read Consent Agenda items to be approved: Item V: A, B, C, E and F, and Item IX: D and E. Vice Mayor Burckart moved that the Consent Agenda be approved as read by Mayor Mackail. 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 and the Consent Agenda was approved as read. V. D) Village Council Meeting; October 27, 1994. Councilmember Schauer stated that the meeting had been called to order at 7:05 P.M., not 7:29 P.M. as stated in the minutes, and requested the minutes be amended. G) Village Manager's Report; November 7 - December 2, 1994 Councilmember Schauer requested an explanation from the Village Manager as to the item on page 2, number 21, 'Director of Public Works and Recreation advised of problems in securing FP&L easements for street lights on Country Club Drive.' Village Manager Bradford explained that certain people did not want street lights in front of their houses and certain people did not want to grant easements either above or below ground, and based on that information staff was working on where street lights could be placed. VII. APPOINTMENTS Village Council Meeting Minutes December 8, 1994 Page 4 A) Board of Adjustment 1) Consideration of Reappointment of Edwin J. Nelson as a Regular Member of the Board of Adjustment for a Three-Year Term Expiring on December 31, 1997. (Staff recommends approval) Councilmember Schauer questioned whether Alternates Wayne Shindoll or Betty Coyle would be moved up to fill the existing vacancy in the Board of Adjustment created by the resignation of Al DeMott. Village Manager Bradford replied that the senior alternate, Mr. Shindoll, had indicated he would be willing to fill Mr. DeMott's unexpired term, which would come before the Village Council at their next meeting, and that if there were applications that an alternate would also be appointed by the Village Council. Councilmember Collings moved that Items V (E), V (G), and VII (A)(1) be approved. Vice Mayor Burckart 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. VI. COMMITTEE REPORTS (A) Redevelopment Committee; November 9, 1994 Village Manager Bradford explained that meeting had consisted of his report to the Redevelopment Committee of Palm Beach County Staff's comments regarding the proposed library; and that subsequent to the meeting that the Village Council had taken action to approve the Van Brock offer conditioned upon reaching an agreement with Palm Beach County. Councilmember Collings moved to approve the Redevelopment Committee Report. Councilmember Schauer seconded the motion. The vote on the motion was: Village Council Meeting Minutes December 8, 1994 Page 5 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. VIII. DEVELOPMENT MATTERS A) Consideration of Application for Site Plan Review from Jupiter Island Corporation for the Construction of an Eleven-Story Multi-Family Residential Building to be Known as Cliveden, 425 Beach Road. R. Mason Simpson, Agent. R. Mason Simpson stated he was President of Jupiter Island Corporation and agent for Otto and Betty Divosta, and was seeking approval for an amended site plan. During an overview of the plan, Mr. Simpson explained that the amended plan was based on the new zoning ordinance, and would provide parking for the entire project enclosed in a one-story building disguised as an elevated lawn terrace in which each unit owner would have a private 2-car dehumidified garage; would include ten living levels with 20 residential units for sale over a lobby level which would include one manager's unit not for sale; that the rear portion of the property where the exercise room, pool deck, and cabanas were situated was deed restricted to no structures higher than the ceiling of the Lamar garage. Building Official Scott D. Ladd reported that inclusion of a sentence into the Developers Agreement to preclude any further building other than that depicted on the revised site plan or as per code would address concerns raised by Village Attorney Randolph. Mr. Simpson reported that he had agreed with Tequesta Towers that he deed restrict the rear portion of the property so that nothing other than a one-story building could ever be built there, which would be recorded in the public records. Mr. Simpson reported that concerns raised by Lamar Condominium had been addressed by reducing the height Village Council ,,~ Meeting Minutes December 8, 1994 Page 6 ------------------------------- of the trees at the rear of the cabanas from 18 feet to 10 feet, but that Lamar's request to move the wall between the two properties 2 to 3 feet to the north could not be complied with because of Fire Department regulations. Mr. Meinken of Lamar stated they appreciated the change in the height of the trees and that Lamar had no problem with the wall not being moved since Fire Department regulations would prohibit that move. Motion was made by Councilmember Collings to approve the revised Site Plan continent upon either inclusion of a deed restriction that nothing other than a one- story building could ever built on the rear portion of the property, or inclusion of that condition in a Developers Agreement, whichever sets precedent. Councilmember Capretta 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. B) Special Exception Public Hearing to Consider an Application for a Carry-Out Restaurant, 134 Bridge Road (Bridge Road Shops). Joseph Cuparo, Jr., Applicant. Mr. Cuparo explained that the proposed restaurant would be a pasta restaurant and that no alcohol would be served. Mayor Mackail reviewed the requirements for special exception to which Building Official Scott D. Ladd responded that all had been met except item (5j regarding landscaping, and explained that the building owner would be responsible for landscaping rather than the tenant, and Mr. Cuparo was advised that the owner must comply with Ordinance 377 by March 8, 1995. Vice Mayor Burckart made a motion to approve the Special Exception for Carry-Out Restaurant. Councilmember Collings seconded the motion. The vote on the motion was: Village Council Meeting Minutes December 8, 1994 Page 7 Ron T. Mackail William E. Burckart Elizabeth A. Schauer Earl L. Collings Joseph N. Capretta - for - for - for - for - for The motion was therefore passed and adopted. C) Combined Preliminary and Final Plat Review for Coconut Cove Subdivision. Gordon Ripma, Developer. Mr. Ripma reviewed the Final Plat, explaining that Coconut Cove, located just east of U. S. 1, north of Beach Road and bordering the Coast Guard Preserve on the south and Waterway Village on the north, consisted of 11 dry lots and 2 lots on the Intracoastal with a road called Coconut Lane entering along the north side with a cul-de-sac after approximately 800 feet. Mr. Ripma explained that two building setback variances had been approved. Councilmember Schauer questioned item 28 in the deed restrictions, which led to a discussion of deed restrictions. Mr. Ripma responded that he had agreed that all buyers would be required to sign the deed restrictions. Vice Mayor Burckart stressed to Mr. Ripma that the deed restrictions needed to be recorded, and Attorney Hawkins stated that if deed restrictions were recorded then anyone purchasing would be deemed to be on notice. Councilmember Schauer suggested the addition of language stating 'This is a Deed Restricted Community' be added to the welcoming sign for the development. Councilmember Capretta expressed concern over responsibility for roadway construction and maintenance so that this roadway would not suffer the same consequences as the Eastwinds roadway. Mr. Ripma asserted both his engineers and the building department would be overseeing construction. Building Official Scott D. Ladd explained that the Village would be responsible for the roadway maintenance. In response to Vice Mayor Burckart's request that a condition be added to the restrictive covenants that the association continue the maintenance of the roadway, it was determined that this would create a private road, which was not allowed within the Village. Building Official Ladd responded to Vice Village Council 1rleeting 1rlinutes December 8, 1994 Page 8 Mayor Burckart's concern that the roadway was not wide enough by stating that the width met the same specifications as all other roads in the Village, however the right-of-way had been slightly reduced. Building Official Ladd explained that a proposed comprehensive plan amendment would reduce roadway widths from 60 feet to 40 feet for roadways serving two sides. The Coconut Lane roadway was 35 feet wide and only served one side. Village Manager Bradford stated that although the deed restrictions were more restrictive than the Village Code that the Village did not have to abide by the deed restrictions, but could use their Code. Motion was made by Councilmember Collings to approve final plan review for Coconut Cove Subdivision. Motion was seconded by Councilmember Schauer. During discussion of the motion, Attorney Hawkins expressed concern that approval of the motion would also approve the deed restrictions requiring the Village to do things not required under Village ordinances. Further discussion of how the motion should be worded led to a new amended motion, as follows: Councilmember Collings made a motion to approve the final site plan review for Coconut Cove sans the deed restrictions, and recommended that the deed restrictions be reviewed and brought back for consideration by the Village Council prior to acceptance of the subdivision. Motion was seconded by Councilmember Schauer. The vote on the motion was: Ron T. 1Kackail - for William E. Burckart - for Elizabeth A. Schauer - for Earl L. Collings - for Joseph N. Capretta - for The motion was therefore passed and adopted. Mr. Ripma stated he did not realize that in order to clear the lots that a land development permit must be approved by the Village Council, and consequently had submitted his application a day late of the required submittal date for this Council meeting. Mr. Ripma requested consideration by the Village Council at Village Council Meeting Minutes December 8, 1994 Page 9 ------------------------------- tonight's meeting so that he would not have to wait a month to begin clearing the land, and provided each Council member with a copy of the application. Building Official Ladd clarified that Mr. Ripma would need to comply with burn permit requirements if he intended to do any clearing by burning. Councilmember Schauer made a motion to approve the application for land development to allow Mr. Ripma to proceed with land clearing. Motion was seconded by Councilmember Collings. 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. D) Consideration of Application for Land Development Permit, U.S. Highway One, just South of Village Boulevard. William E. Burckart, Agent for Applicant. Vice Mayor Burckart stated he was abstaining from this issue. Mr. Burckart stated he represented a property owner living in Venezuela who would like to re-clear the property since receiving evidence of people living there and abandoning a vehicle there. Mr. Burckart responded to Village Manager Bradford that Fire Chief Weinand was being consulted regarding possible burning. Councilmember Collings made a motion to approve the application for land development permit. Motion was seconded by Councilmember Schauer. The vote on the motion was: Ron T. Mackail - for William E. Burckart - abstain Elizabeth A. Schauer - for Earl L. Collings - for Joseph N. Capretta - for The motion was therefore passed and adopted. Village Council Meeting Minutes December 8, 1994 Page 10 IX. NEW BUSINESS Resolution No. 4-94/95 - Approving an Interlocal Agreement and Companion Real Property Land Lease Agreement with Palm Beach County for the Construction and Land Associated with the Tequesta Branch Library. (Staff Recommends Approval) Audrey Wolf, Facilities Planning, Design & Construction Department, Palm Beach County, answered questions pertaining to the library documents. Councilmember Schauer questioned item 3.06 regarding liquidated damages requiring reimbursement of $506,000 if the Village did not comply, and the wording that the County could determine that the Village had not complied for any reason. Ms. Wolf explained that the language was standard in County contracts and that since the land would not be owned by the County and the Village was using the County's money first, if the project was not completed that money would need to go back to the County. Mayor Mackail reminded Ms. Wolf that taxpayers had, in a referendum held in 1988, voted to create a two-year taxing district to create 7 or 8 new libraries within the County so that money was taxpayers' money, and that the County had informed Tequesta there was $750,000 allocated for the Tequesta library which was to be built to the same plans as the South Bay Library; however, two years ago since the original $750,000 was no longer available, Tequesta had agreed to give the County the land in order to complete the library and to provide additional funds of approximately $300,000 necessary to bring this library to reality. The date of substantial completion and final acceptance stated as March 22, 1996 was discussed relative to the fact that no beginning date for construction was set, only an ending date, and at the request of the Village Council Ms. Wolf agreed to request the County Board to extend that reimbursement date to October 1, 1996. Councilmember Capretta objected to the $25,000 in engineering changes allowed by the County since the plan had already been built in South Bay. Ms. Wolf explained that this was a 5~ contingency which if not used would revert to the Village. Village Manager Bradford explained that the contract with Select Village Council Meeting Minutes December 8, 1994 Page 11 Contracting provided for a 245-day term to complete the work from the date stated in the notice to proceed, which would be issued in mid-January, so that the term would expire in November, and 60 days after (approximately January 1) that would be the first opportunity for the County to impose the $200 per day liquidated damages; and upon substantial completion if the final acceptance was not done within 30 days then another $200 per day provision would apply so that the contractor was living under the same conditions with the Village that the contract between the Village and the County stipulated. Ms. Wolf assured the Village Council that if the County for some reason did not grant approval on December 20, 1994 as planned that the time would be extended appropriately and that she would request the reimbursement date in section 3.05 of the interlocal agreement be stated as October 1, 1996. Ms. Wolf responded to Councilmember Schauer that change orders in the South Bay project that would apply to the Tequesta library had been incorporated into the plans and that additional electrical capabilities had been provided for future technology based on current knowledge. Attorney Hawkins brought attention to Article XII of the draft lease to be sure the Council understood that if they should ever opt out of the County library system that they would be required to buy out the improvements. Vice Mayor Burckart made a motion to approve Resolution No. 4-94/95 - Approving an Interlocal Agreement and Companion Real Property Land Lease Agreement with Palm Beach County for the Construction and Land Associated with the Tequesta Branch Library conditioned upon the reimbursement date being changed to October 1, 1996. Motion was seconded by Councilmember Collings. 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 Village Council Meeting Minutes .- December 8, 1994 Page 12 ------------------------------- The motion was therefore passed and adopted. Motion was made by Councilmember Schauer, Councilmember Collings to adjourn the meetin to allow time for signing of the interlocal the lease. 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 seconded by g for a recess agreement and The motion was therefore passed and the meeting was adjourned at 8:41 P.M. The meeting reconvened at 8:56 P.M. and was called to order 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 Scott Hawkins sitting in for Village Attorney John C. Randolph, and Department Heads. B) Ordinance - First Reading - Amending Chapter 18 of the Code of Ordinances: °Water° at Section 18-3 (a) Relating to Minimum Monthly Service Charges; Amending Section 18-3 (b), So As To Amend Stepped Rate Thresholds and Applicable Quantity Rates; Amending Section 18-3 (d) Relating to Meter Installation charges; Providing for Severability; Providing for Repeal of Ordinances in Conflict; Providing for Codification; Providing an Effective Date. (Staff Recommends Approval) Mayor Mackail read the above ordinance by title only on first reading. Village Manager Bradford explained this ordinance along with the next ordinance on the agenda would have the net effect of increasing water rates, and were the result of the consensus of the Village Council at their workshop meeting of November 1, 1994. The first ordinance, based on an analysis by PMG Associates, Village Council Meeting Minutes --~ December 8, 1994 Page 13 would adjust the minimum monthly service charge based on incremental size of meters, and the quantity rates so that thresholds would be reduced to be more in keeping with actual consumption patterns. The first three step rates would stay the same and a fourth step would be added with the threshhold triggering the higher rate would being at a lower level which was expected to enhance revenue but to also encourage conservation. Vice Mayor Burckart made a motion to approve the ordinance on first reading. Motion was seconded by Councilmember Schauer. 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. C) Ordinance - First Reading - Amending Section 18-5 of the Village Code of Ordinances to Provide for a Twenty-five Percent (25$) Surcharge on Water Services to Residents of Unincorporated Palm Beach County and Residents of Unincorporated Martin County; Providing for the Basis for the Surcharge; Providing for Severability; Providing for Repeal of Ordinances in Conflict; Providing for Codification; Providing an Effective Date. (Staff Recommends Approval) Village Manager Bradford explained that since Jupiter's 25~ surcharge had been upheld in a Court of Law that Tequesta believed it appropriate to pursue its rights under Florida law--which provides for up to 25~ surcharge with no financial justification and up to 50~ with justification--in order to offset the additional cost incurred by the Village in fully servicing those areas external to Village corporate limits. The impact would be minimized to residents by instituting the 17~ additional surcharge in two steps, the first 10~ increase to be effective April 1, 1995 and the second 7~ increase to be effective on October 1, 1995. Village Council _„ Meeting Minutes December 8, 1994 Page 14 ------------------------------- Ensuing discussion by the Council clarified that water usage continued to rise unabated despite record rainfall and that the Village must move to expand their water resources. Water System Manager Tom Hall estimated that 75~ of water users would not be affected by the new rates. Bob Shambelan, President of Turtle Creek Homeowners Association, expressed the opinion that Turtle Creek had cooperated by providing well locations and that the Village Council was being discriminatory to Turtle Creek and Martin County residents. Village Manager Bradford explained that Tequesta residents would also be under the new rate system. Councilmember Capretta suggested that Mr. Shambelan talk with Village Manager Bradford and/or Water System Manager Hall to learn more about future water options. William Treacy, 215 Country Club Drive, suggested the Village Council research water sensors which would automatically turn off sprinkler systems during rain. Alec Cameron, 1 Garden Street, provided the information that Tequesta Gardens had budgeted funds for next year to install rainfall sensors to shut off their control boxes during rain, which would cost approximately $100 per control box. During a discussion of the effective dates of enacting the water rate increase and the water surcharge, it was Councils' intent that the water bills issued for the months stated reflect the increase adopted. Councilmember Collings suggested the April 1 increase be instituted and the effect considered before going ahead with an October 1 increase. After discussion, Village Manager Bradford suggested the Council adopt the ordinances as written and direct Water System Manager Hall and Financial Director Kascavelis to determine whether financials were based on the full 25%, and if not that the second date could be deleted on second reading. Financial Director Kascavelis reminded the Council that only a 17~ surcharge was being proposed. Councilmember Collings stated that he believed the surcharge and the new step rates would result in water conservation. Vice Mayor Burckart made a motion to approve the ordinance on first reading but to research whether the full 25$ was needed for the reverse osmosis plan and if not to delete the Village Council Meeting Minutes December 8, 1994 Page 15 October 1 increase on second reading. Motion was seconded by Councilmember Schauer. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - for Earl L. Collings - against Joseph N. Capretta - for The motion was therefore passed and adopted. ORDINANCES AND FEES: Councilmember Collings and Vice Mayor Burckart had requested the addition of this discussion. Councilmember Collings stated licenses for heavy trucks had originally been instituted with the objective to reduce through truck traffic and to generate a fund for road reconditioning, which had never been set aside as a dedicated fund for that use, and Tequesta businesses were paying license fees along with through truck fees. Councilmember Collings made a motion to change Ordinance 470 which deals with Section 11.5 through 15 to exempt Tequesta businesses delivering into Martin County and conduct deep revisiting of the inconsistencies within the ordinance. Mayor Mackail requested staff first review the ordinance before Council consideration, to which Councilmember Collings agreed. Vice Mayor Burckart asked for review of the necessity for the $35 fire inspection fee for Tequesta businesses. Councilmember Capretta suggested a security inspection be performed for businesses by the police department, with the intent of lowering crime. F) Resolution No. 5-94/95 - Providing for Amendments to the Village Budgets Adopted for the Fiscal Year Commencing October 1, 1994. (Staff Recommends Approval) Vice Mayor Burckart made a motion to approve Resolution No. 5-94/95. Motion was seconded by Councilmember Capretta. The vote on the motion was: Ron T. Mackail - for Village Council Meeting Minutes .,. December 8, 1994 Page 16 William E. Burckart - for Elizabeth A. Schauer - for Earl L. Collings - for Joseph N. Capretta - for The motion was therefore passed and adopted. X. UNFINISHED BUSINESS A) Ordinance - Second Reading - Amending Chapter 11.5 of the Code of Ordinances at Section 11.5-21 Relating to the Prohibition of Parking of Vehicles, Boats, Machinery, etc. on Swale Areas Adjacent to Tequesta Drive so as to Provide an Additional Prohibition on the Parking of Vehicles, Boats, Machinery, etc. on the Unpaved Swale Areas Adjacent to Country Club Drive, Riverside Drive, County Line Road and Seabrook Road within the Village between the Hours of 1:00 A.K. and 6:00 A.K.; Providing for Penalties; Providing for Severability; Providing for Repeal of Ordinances in Conflict; Providing for Codification; Providing an Effective Date. (Staff Recommends Approval) Attorney Scott Hawkins read the above ordinance by title only on second reading. Councilmember Schauer made a motion to approve the above ordinance. Motion was seconded by Councilmember Collings. 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. XI. ANY OTHER MATTERS Vice Mayor Burckart discussed the Countyline Plaza remodeling which would result in the plaza being farther from compliance with the landscape ordinance and reduce parking spaces available. Vice Mayor Burckart suggested access be provided between the plaza and the McRoberts Village Council Meeting Minutes December 8, 1994 Page 17 property to the north when it is developed to provide access from U.S. One, and since plenty of parking was available that 176 spaces be eliminated to provide additional landscaping, that mature landscaping be added in 10 to 20- foot islands, and that staff provide direction to the Board of Adjustment so that they would not approve something that would tie Council's hands when site plan approval was presented. Councilmember Schauer stated she could not give direction on this matter to staff without knowing what had transpired at the Board of Adjustment meeting. The Vice Mayor reported that the Board of Adjustment had postponed the matter since they were not comfortable with the huge variances requested, and expressed his opinion that requests such as these should be considered by the Village Council and should not go to the Board of Adjustment first. Village Manager Bradford explained that K-Mart desired to expand to be able to compete with Wal-Mart; reported that the Village Attorney had been asked to draft an ordinance to abolish the Board of Adjustment; and stated he would have Building Official Ladd review the plan and if feasible to transmit it to the Board of Adjustment with a favorable recommendation. Village Manager Bradford reported he had been meeting with those residents impacted by the ENCON septic tank study, and the group was split into two camps, one which did not believe the residents should participate in the study at all and one which believed they should actively participate. Village Manager Bradford stated he supported active participation so that (a) concerns of validity and methodology could be made known up front and (b) by making concerns known up front residents would not appear as obstructionists and by having a hand in structuring the study residents would be comfortable with accepting the results. The residents wanted confirmation from the Village Council whether the Council would fight implementation of a centralized sewer system within Tequesta if residents did not participate in the study and the study showed that the river was being polluted. After discussion, it was the consensus of the Village Council that qualified people should participate, and that a representative from the Village's engineering company should participate, or if unable to do so that someone from Reese, Macon and Associates represent Tequesta. Village Manager Bradford discussed the Comprehensive Plan amendment to make Country Club Drive and Seabrook Road Village Council Meeting Minutes December 8, 1994 Page 18 limited neighborhood access roads, stating that he had learned from Jack Horniman, Village Planning Consultant, that Commissioner Karen Marcus had stated Palm Beach County needed to formally object to the amendment, and that he also expected Martin County to object. Meanwhile, Jupiter was trying to amend their Comprehensive Plan so that North Fork Drive would never be interconnected with Island Way, and both Jupiter and Tequesta were instituting amendments in response to their communities' concerns about traffic impacts on neighborhoods. Village Manager Bradford reported from a meeting with Jupiter that they would compromise by allowing for a western connection so that if traffic counts on Loxahatchee River Road ever rose above 6,000 trips per day that they would interconnect the roads if they could not handle the traffic problems. Village Manager Bradford had indicated Tequesta might be willing to accept that compromise if all of Tequesta's traffic studies that justified that 10,900 trips per day on Country Club Drive included the traffic impact that would be coming from the northwest quadrant of Jupiter; that the Court-ordered development in Section 28 was accounted for in previous traffic studies; and that all of Tequesta's vested development in the central business district--600 units and 115,000 square feet of commercial--could be done without being negatively impacted, keeping Tequesta within their 10,900 threshold. The traffic engineer agreed, provided that an additional outlet from Church Street to Indiantown Road was done. Councilmember Collings stated Commissioner Marcus had informed him that the reason the County had voted against Tequesta's Comprehensive Plan Amendment was that they felt it was inconsistent with other County planning in Jupiter, and Tequesta should not have made a change without working with the County, and she would fight it one more time, which Village Manager Bradford took to mean at Treasure Coast Regional Planning Council. The Village Manager reported that Commissioner Marcus' staff had signed off on Tequesta's amendment when they went through the inter-government coordination procedures, but someone had evidently told them that they should object. It was the consensus of the Village Council that Village Manager Bradford continue his efforts toward the compromise. Village Manager Bradford suggested even though the ordinance adopted earlier in the meeting regarding parking on Country Club Drive was immediately effective, that the Council direct that a letter allowing a grace period be sent from Village Council Meeting Minutes December 8, 1994 Page 19 --------------------- the Police Department to all affected residents. Mayor Mackail requested direction from the Council how to respond to Mr. Benjamin's correspondence and a letter from Keating Development asking the Village to endorse or enact necessary legislation to establish a Community Redevelopment Agency. It was the consensus of the Village Council that the response state only that the letter had been turned over to the Village Manager for response. X. COMMUNICATION FROM CITIZENS Joan Marshall questioned why the Comprehensive Plan amendment had not been done timely to which Village Manager Bradford responded that everything had been done when it should have been done and that the Village was unaware of why the amendment had not gone through and why objections were now being raised. William Treacy voiced disappointment that the amendment had not been approved, and stated that Country Club residents would have to close the road, that Martin County would not cooperate, and that trucks should be forced to use an alternative route. Village Manager Bradford stated that just because objections had been raised that did not mean the amendment would not be approved. IX. ADJOURNMENT Councilmember Collings 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 Earl L. Collings - for Joseph N. Capretta - for the motion was therefore passed and adopted and the meeting was adjourned at 10:28 P.M. Village Council Meeting Minutes December 8, 1994 Page 20 Respectfully submitted, i~~~?~ Betty Laur Recording Secretary ATTEST: J ann Mangan' llo Village Clerk DATE APPROVED: ~ 9 s' FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS _-.LAST NAME-FIRST NAME-MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE •~ ~v2.CK1~-(Z,~ G(~1C,1,1~1~01 G~lt9A~2>) 1/~I LL~'~9~ ~Ol~l~?G1 L \1AILING ADDRESS ,'^ J~ /~ THE BOARD, COUNCIL., COMMISSION, AUTHORITY, OR COMMITTEE ON l l ~AYVI>/t~ ~~~ / ~ v W CITY I SER COUNTYNITi~OTHER LOCAL AGENCY CITY COUNTY `~~~V ~~~ I~"~- ~ 3`109 DATE ON N'HICH VOTE OCC'URREU I NAME OP POLITICAL SUBDIVISION: MY POSI'I~ION IS: VET ~ APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the (aH' when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BE[NG TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsiblc for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. I IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT Vl'HICH .THE VOTE WILL BE TAKEN: ""'~ You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. • A copy of the form should be provided immediately to the other members of the agency. • The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION OR VOTE AT THE MEETING: ~ You should disclose orally the nature of your conflict in the measure before participating. • You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF STATE OFFICER'S INTEREST I, GU6 LG(A-M ~C. ~V2C.l~~'~- ,hereby disclose that on ~ ~ ~ ~S _~'" 19 ~ . (a) A measure came or will come before my agency which (check one) inured to my special private gain; or / inured to the special gain of C, L ~2~' ~~/ ~ ~. / , by whom I am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: ~- z.~-~.~ G~~,~4-2i ~ (~ ~P~ ISM, r cr' X02 ~2~A~2~`-( . ~~~'~~~~ ~S ~ ~~~ ~s~~-~~ ~2~~C ~2 1~,~-s 2~csZ~s ~~ ~ ~~ B~ -~Iol ~ ~S M ~. ~ ,8~8-2~ l ~, 2.l ~ U~~i Date Filed ~ ~ ~~ Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000.