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HomeMy WebLinkAboutMinutes_Regular_11/10/1994VILLAGE 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 NOVEMBER 10, 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, November 10, 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, Village Attorney John C. Randolph, and Department Heads. II. INVOCATION AND PLEDGE OF ALLEGIANCE. Councilmember Earl L. Collings gave the Invocation and led those in attendance in the Pledge of Allegiance to the American Flag. III. APPROVAL OF AGENDA Councilmember Schauer requested the addition of two items under Any Other Matters. Village Manager Bradford requested addition of a item under agenda item VI, introduction of the new Executive Director of the Juno Beach Chamber of Commerce by Admiral Tom Morris, and an additional item under Any Other Matters, Council direction relative to filing a brief in the lawsuit between Martin County and Section 28 Property Owners in response to communications from Martin County. Councilmember Collings moved that the Agenda be approved as amended. 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 u,.,..,,.i„a n Village Council Meeting Minutes November 10, 1994 Page 2 ------------------------------- The motion was therefore passed and adopted and the Agenda was approved as amended. IV. PUBLIC HEARINGS A) Ordinance - Second Reading - Amending Zoning Ordinance No. 355, as Amended, by Amending Section IV, Definitions, by Adding a definition for Townhouses and Revising the Definitions for Lot Depth and Multiple- Family Dwellings; by Amending Section VII, Schedule of Regulations and Application of Regulations, Sub-Section (C), Schedule of Site Requirements, by Amending the R- lA, R-1 and R-2 District Site Requirements by Adding Requirements for Minimum Landscaped Open Space and by Amending the R-3 District Schedule of Site Requirements in its Entirety; By Amending Section VII (D), Schedule of District and Use Regulations, Sub-Section (4), R-3 Multiple-Family Dwelling District, Paragraph (b), Permitted Uses, by Deleting Single-Family Dwellings; Providing for Severability; Providing for Codification; Providing an Effective Date. Village Attorney John C. Randolph read the above ordinance by title only, on second reading. Village Manager Bradford gave an overview of the ordinance, explaining that this ordinance amends the schedule of site regulations with the primary focus being to address as many nonconformities as possible to the existing condominiums on Beach Road. In response to Councilmember Collings, Village Manager Bradford explained that this ordinance would not automatically apply to land north of the R-3 Zoning should it be annexed into the Village, but would continue to be under County land use and zoning regulations until such time as the Village amended their comprehensive plan and ordinances to bring newly annexed land under Tequesta ordinances. Councilmember Capretta stated he had understood that a reason for passing this ordinance prior to annexation was to be able to bring the northern Beach Road condos into an area where they would be conforming. Village Manager Bradford explained that a nonconformity issue would not apply until Tequesta amended their comprehensive plan and zoning ordinances to accommodate newly annexed Village Council Meeting Minutes November 10, 1994 Page 3 ------------------------------- territories, and until then they would continue under the County ordinances which Tequesta would enforce. Comments from the Public: Kenneth Meinken, 375 Beach Road, stated he represented the Lamar Condominium as President, and on behalf of Ken York who could not attend this meeting, he also represented the Beach Road Association consisting of 19 condominium buildings. Mr. Meinken reported that since the last Village Council meeting the issues connected with Beach Road--the development of existing property and the lawsuit filed against the Village of Tequesta-- had been resolved. Mr. Meinken stated that objections to the zoning ordinance amendments had been resolved and that agreement had been reached for Mason Simpson to continue with the building known as Cliveden, the lawsuit had been withdrawn, and the Beach Road residents now were in favor of the amendments to the R- 3 Zoning ordinance. Councilmember Collings made a motion to approve the Ordinance on second reading. Councilmember Schauer seconded the motion. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - for Earl L. Collings - 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. VI. APPROVAL OF MINUTES AND REPORTS *A) Board of Adjustment; September 19, 1994 Village Council Meeting Minutes November 10, 1994 Page 4 *B) Community Appearance Board; October 12, 1994 *C) Village Council Workshop; October 18, 1994 *D) Village Manager's Report; October 10-November 4, 1994 VIII. NEW BUSINESS *A) Consideration of Authorizing Village Manager to Execute a Proposal with Reese, Macon & Associates, Inc., of Palm Beach Gardens, Florida, for the Tequesta Water Distribution System Hydraulic Model Analysis in the amount of $9,800, Having a FY 1995 Water Enterprise Capital Improvement Budget Amount of $20,000. (Staff Recommends Approval) *D) Consideration of Ratification of Proposed Collective Bargaining Agreement Between the Village and the Florida State Lodge Fraternal Order of Police 1994 - 1997. (Staff Recommends Approval) Mayor Mackail read Consent Agenda items to be approved: Item VI: A, B, C, and D, Item VIII: A and D. Village Manager Bradford stated in regard to Item VIII (D) that the police officers had unanimously approved the Collective Bargaining Agreement therefore the Village Manager wholeheartedly requested ratification by the Village Council. Councilmember Schauer moved that the Consent Agenda be approved as read by Mayor Mackail. Councilmember Collings 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. VI. Admiral Morris introduced to the Village Council the new Executive Director of the Juno Beach Chamber of Commerce, Louise Mertaugh. Admiral Morris stated Ms. Mertaugh's background was in business and public relations, and expressed the support of the Chamber of Commerce for the Village Council. '` VII. DEVELOPMENT MATTERS Village Council Meeting Minutes November 10, 1994 Page 5 (A) Special Exception Public Hearing, as Provided by Section X (J), Special Exception Uses, of the Village of Tequesta Zoning Ordinance, Ordinance No. 355, as Amended, to Allots for a 4500 sq. ft. Retail Store in the Mixed-Use District. Vera Malt, Applicant, 222 Tequesta Drive (Tequesta Plaza) Vera Malt explained that she was planning to stock her retail store, Classic Furnishings, with used and new furniture, collectibles and artwork, and planned to open in approximately two weeks. Mayor Mackail explained that this special exception was required since Village code currently provided for 3500 sq. ft. per commercial retail store. Mayor Mackail read aloud from the code the eight criteria required for special exception uses, to which Deputy Building Official Kennedy responded, and each item was satisfied. Vice Mayor Burckart requested that Deputy Building Official Kennedy write a letter to Mr. Felhaber, the owner of the shopping center, to inform him of all the items in which the shopping center was deficient and require compliance for all deficiencies by the landscaping deadline of March 8, 1995. Deputy Building Official Kennedy assured the Village Council that Mr. Felhaber had been properly notified and agreed to send Mr. Felhaber a certified return receipt letter listing each deficient item with the required dates for accomplishment and penalties for noncompliance. Councilmember Capretta also directed Mr. Kennedy to notify the shopping center tenants that they were in a building that was not in compliance, and to check with the Village Attorney to be sure there was no doubt that the Village had done everything possible to notify Mr. Felhaber so that there would be no question in the event of a lawsuit. Village Attorney Randolph suggested that a condition of Ms. Malt's application could be that Mr. Felhaber take care of deficiencies, and at any time if Mr. Felhaber should submit an application for approval and was not in compliance at that time that nothing should be approved until he came into compliance. Councilmember Capretta expressed concern that no compliance possibly would be forthcoming by the deadline and advised the Village Attorney that he would like to begin any preliminary document preparation or legal process necessary in `'`~" anticipation of noncompliance. The Village Attorney Village Council Meeting Minutes November 10, 1994 Page 6 stated he would comply with that request as soon as he received the direction of the full Council. Mayor Mackail assured Ms. Malt that she would not be penalized for these items which involved the shopping center owner. Village Manager Bradford reported Mr. Felhaber had been requested to attend a Redevelopment Committee meeting; however, Mr. Felhaber had then requested that his attorney meet with both the Village Attorney and Village Manager Bradford before going to the Redevelopment Committee, therefore that meeting had been scheduled but then was cancelled when Mr. Felhaber's agent came to the conclusion that the meeting was not necessary. Village Manager Bradford stated that another attempt would be made to bring Mr. Felhaber to a meeting of the Redevelopment Committee. Deputy Building Official Kennedy responded to Councilmember Schauer that the sports bar previously approved by the Village Council to conduct business in the Felhaber shopping center was still in the process of remodeling and therefore was not yet open for business. Motion to approve the special exception to allow a 4500 sq. ft. retail store in the mixed-use district was made by Councilmember Collings. 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) Consideration of Gary Van Brock Proposal for Tequesta Branch Library on Old Dixie Highway for $730,000. (Staff recommends approval) Village Manager Bradford reported on October 13, 1994 Mr. Van Brock had presented a proposal to build the Tequesta Branch Library on 1.069 acres of land ,,,~.,, immediately south of and adjacent to the Tequesta Post Office for $730,000, with permits and fees excluded. The property, meanwhile, was being appraised relative Village Council Meeting Minutes November 10, 1994 Page 7 ------------------------------- to his previous offer of 7 to 9.7 acres for the cultural and municipal complex. Village Manager Bradford reported that the first question to be dealt with had been to determine whether a legal requirement existed which would compel the Village to bid this project out, and that the answer to that question was that there was no such requirement; however, Village Attorney Randolph had advised Village Manager Bradford to make absolutely sure that the proposal was fair and reasonable. In order to analyze the full proposal it was necessary to have an appraisal of the land and to ascertain all unknown costs such as permit fees and other fees. The appraisal was conducted by the Village Appraisers for the other offers and that appraisal was not subject to the public record laws of the State of Florida until such time as the Village Council determined whether they would purchase the land; however, Village Manager Bradford had included the appraised value of the land with the other known ~- fees, and compared that to the cost of the proposed library project at the location next door to the Village Green. This comparison had revealed that the cost of the Van Brock Proposal was $53,639 less than the cost to construct the library adjacent to the Village Green when the value of that land and provision for rise in construction costs were included; therefore, Village Manager Bradford had concluded that the Van Brock Proposal was a fair and reasonable offer. On November 4 at a meeting with the Palm Beach County Facilities staff and library staff, Village Manager Bradford reported that the County staff had formally accepted the site and provided a layout of how they would like the building, parking, retention areas, etc. positioned on the property, which Mr. Van Brock had also accepted. County staff had indicated they would recommend approval by the County Board of Commissioners at their December 20 meeting. Since the County Administrator, Bob Wiseman, had indicated that he wanted Tequesta to sign off on the proposal prior to that meeting, Village Manager Bradford suggested to the Village Council that if they wished to accept his recommendation that they accept the Van Brock Proposal subject to the Board of County Commissioners' approval and subject to the written receipt of verification from Mr. Van Brock and from ~`"' Select Contractors that they would abide by the Village Council Meeting Minutes November 10, 1994 Page 8 requirements of the alternate bid requirements for the Village of Tequesta Bid Documents 90228 as advertised on February 13 and 20, 1994 to make absolutely sure that they are following the bid documents that Tequesta prepared upon assumption of the project from Palm Beach County. Councilmember Schauer voiced concern over who would bear unexpected expenses. Village Manager Bradford explained that if the contractor forgot to price their product based upon something required in the contract that they would have to pay; however, a 10o contingency fee had been included to cover any change orders that Tequesta might be responsible to pay. Councilmember Capretta requested that since this same building had been built once in South Bay that the Village Manager contact the County as the Architect of Record, and the City of South Bay to find out what problems were found to exist and to make sure that the drawings Tequesta would be using had been updated to the configuration of the South Bay library. Councilmember Collings inquired as to the status of a fund established for the purchase of books by a group within the Village. Hal Hutchinson explained that there was a limited amount of funds which had been accumulated by Tequesta residents for that purpose. Hal Hutchinson, 77 Camelia Circle, stated his comments were to agenda items VII (B) and VII (C). Mr. Hutchinson passed out to the Village Council copies of agenda items VII (B) and VII (C) which had been in the Council packet which he purchased the day before this meeting and in which the price for the appraised value of the land had been deleted. Mr. Hutchinson reported he had gone to the office of the Courier Journal, had reviewed the packet which had been provided to them, and found that it contained the appraised value figure. Mr. Hutchinson stated he had a limited number of copies containing the appraised value amount which he would distribute to interested residents. Mr. Hutchinson stated that under the Freedom of Information Act he expected to receive a complete copy of the Council packets he purchased, felt his rights under Florida statute had been severely compromised, and he intended to pursue the matter beyond the Council unless either the City Manager or the City ~.... Attorney could explain why those prices were deleted Village Council Meeting Minutes November 10, 1994 Page 9 ------------------------------- from his copy and not from the copy received by the newspaper. Village Manager Bradford explained that Florida Statute 166.045 stated that in the contemplation of seeking to purchase property that the appraisals of that property were not subject to public record; therefore the reason the figure had been whited out on the copies was to protect the confidentiality of the information in the event the Village should choose to pursue the option of confidentiality on the anticipated purchase of the land. In regard to the fact that the newspaper apparently had received a copy without the figure deleted, that was an error and was not intended to be given to them. Mr. Hutchinson stated he was going to make the information available to the public, and to interested parties who intend to purchase property. Mr. Capretta explained that the discussion the previous day at the Redevelopment Committee meeting, which Mr. Hutchinson had attended, regarding the appraisal figure was all related to negotiations and timing; Councilmember Collings pointed out that since through staff error the figure had been made public that it was a moat point and no longer an issue. Mr. Hutchinson indicated he would continue to pursue this matter. John Giba, 78 Fairview Sast, spoke in support of the library location next to the post office and urged the Village Council to make a commitment to that location without delay. Councilmember Capretta congratulated Mr. Al DeMott who was just elected to the ENCON Board of Directors. Mr. DeMott thanked the citizens of Tequesta for their support. Mr. DeMott requested that if the Village Council approved the Old Dixie library site that the County be contacted to change the bus schedule so that people who do not drive could use the bus to go from their developments directly to the library and not just to Old Dixie, so that they would not have to walk. Bob Milbank, 163 River Drive, verified with the Village Council that the Van Brock Proposal for the library was a separate deal and had no connection with any other proposal for downtown development. Village Council Meeting Minutes November 10, 1994 Page 10 Bud Gresham, 77 Holly Circle, voiced concern for the safety of his children if the library were placed next to the Village Green, and urged the Council to consider the location next to the Post Office. Councilmember Schauer restated her previous comments regarding cost overruns which she did not want Tequesta to be responsible to pay. Councilmember Schauer made a motion to approve the Van Brock Proposal for Tequesta Branch Library on Old Dixie Highway for $730,000, subject to Board of County Commission approval and other conditions recommended by the Village Manager. Councilmember Collings 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. C) Review of Lands Associated with the Tequesta Centre Concept, Commitments to Construct Facilities Thereon and Consideration of Authorizing Village Manager to Negotiate to Acquire Same on Behalf of Tequesta. Village Manager Bradford explained that this was the agenda item related to the issue raised by Mr. Hutchinson, and the appraisal had been conducted to ascertain the value of the land offered by Mr. Van Brock on behalf of the Dorner Trust under two options: 7 acres south of the post office for municipal, cultural and library purposes or 9.7 acres within the same area. The property in question was contemplated for municipal and cultural facilities, i.e., anticipated new facilities for Lighthouse Gallery and School of Art and the Burt Reynolds Institute of Theater Training. In each option one acre would have been provided free for a library site, donated to the Village by the Dorner Trust; however, the Village Council had opted for another proposal which disconnected the library from the City's interest in Village Council Meeting Minutes November 10, 1994 Page 11 the redevelopment of its central business district. The appraisal had been performed by Callaway & Price and indicated the value of the property. At the direction of the Village Council, Village Manager Bradford had secured letters of commitment from both Lighthouse Gallery and BRITT relative to their instituting a fund-raising mechanism to secure construction funds for their buildings on this property should the Village Council wish to pursue the offer on the condition that the land would be leased to them by the Village under a 50 to 99-year lease for little or no money. Village Manager Bradford explained that the issue relative to the public records and the appraisal were that if the Council wished to avail themselves of the confidentiality available for appraisals under Florida statutes, and the land in question was valued to be in excess of $500,000, then a second appraisal would be required. Village Manager Bradford stated that both the 7 and 9.7 acre parcels were worth in excess of $500,000, but stated neither he or Mr. Van Brock saw any real value in keeping the land value confidential even though through error the figure had become public knowledge, and therefore his recommendation to the Village Council was to make the figure public record, to authorize Village Manager Bradford to begin negotiations with Mr. Van Brock to secure some of that land, to obtain the best deal that he could, to structure the deal in a manner that would keep the impact of the cost acceptable to the taxpayers of Tequesta, and to present the results for the Council's review as soon as obtained. The Village Manager explained that the Village engineers had recommended a minimum of 7 acres in addition to the 1.069 acres necessary for the library, and even with 7 acres the engineers pointed out it would be necessary to construct two-story buildings to accommodate all of the requirements. Village Manager Bradford stated that depending upon the price, his goal was to keep increases within any given budget year as low as possible to be acceptable to the taxpayers. Betty Nagy, 26 Shay Place, asked where the money would come from to purchase the property. Village Manager Bradford stated the source was unknown until the ~""~ purchase price was finalized, however, two possible Village Council Meeting Minutes November 10, 1994 Page 12 ------------------------------- sources were a bond or existing funds. Ms. Nagy inquired what time frame would be allowed for building, to which Village Manager Bradford replied that if approved, agreements with both Lighthouse Gallery and BRITT would be entered into laying out how they were to proceed in a timely manner. Ms. Nagy expressed her concern with the recent cost discussion concerning additional water sources, to which the Village Manager responded that was a totally separate fund and that cost would be spread among the 15,000 users of water and not just the residents of Tequesta. John Giba urged the Council to look 25 to 30 years ahead and consider the purchase of enough land for later expansion, especially since Lighthouse Gallery and BRITT might not be the only cultural organizations in the village who would need space. Councilmember Schauer expressed concern whether November 29 would be enough time to complete negotiations with Mr. Van Brock, to which Village Manager Bradford responded that if after his first meeting with Mr. Van Brock he felt more time would be needed that he would contact the Lighthouse Gallery Board Chairman for an extension of their commitment. Councilmember Collings expressed his position that negotiations should be delayed to allow time to consider other options since the library was no longer a part of the proposed municipal/cultural center. Councilmember Capretta stated that the purchase of some land from the Dorner Trust was only one option and that the offer would need to carry a time period for acceptance in order to give the Council time to consider other options. Joe Benjamin stated he wished to inform the public that he had linked with the Keating Organization, and that if the Village would pursue his offer Keating would give the Village in a Developer's Agreement a 100% guarantee backed by letters of credit. Mr. Benjamin expressed his agreement with the Council's decision to remove the library from the downtown redevelopment. Mr. Benjamin expressed his position that he could not see how the Village could justify spending a large amount of money to construct these „. buildings at expense to the taxpayers when he and ''"" Keating were offering to indemnify the Village 100% Village Council Meeting Minutes November 10, 1994 Page 13 ------------------------------- and suggested no deal would be good enough when they could get the same thing for nothing. He asked that the Village acknowledge his correspondence. Gary Van Brock stated that he had no dealings with Mr. Benjamin and did not believe Mr. Benjamin had any contract to purchase land for his project. Councilmember Capretta explained that the Redevelopment Committee would undertake the process of sitting down with Mr. Benjamin, Mr. Van Brock, and Mr. DiVosta to determine which project would be best for the Village, and then would present the projects to the citizens to see which one they would support. Mr. Capretta invited the public to attend the meetings of the Redevelopment Committee. Councilmember Schauer made a motion to recommend that the Village Council authorize the Village Manager to negotiate the purchase of land from the Dorner Trust as referenced in item 2 of page 2 of the memo from Village Manager Bradford to the Village Council dated November 4, 1994 regarding the Van Brock Tequesta Centre Proposal. Councilmember Capretta stated he would second the motion recognizing that time constraints must be present in the deal. Councilmember Collings objected to the phrase "negotiate the purchase". After discussion Village Attorney Randolph read the motion aloud to which Councilmember Schauer agreed, and which Councilmember Capretta agreed to second. Councilmember Schauer made a motion to recommend that the Village Council authorize the Village Manager to explore the purchase of the minimum amount of land necessary to accommodate the cultural, municipal and library complex and to structure said purchase in such a way as to minimize upward pressure on Tequesta tax rates so that this purchase will be economically palatable to Tequesta citizens, with a Special Meeting to be held no later than November 29, 1994, at which Village Manager Bradford would report on the negotiations and a decision would be made. Motion was seconded by Mr. Capretta. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - for ro..G. Earl L. Collings - for '~'"'" Joseph N. Capretta - for __ . _. Village Council Meeting Minutes November 10, 1994 Page 14 ------------------------------- The motion was therefore passed and adopted. VIII. NEW BUSINESS B) Ordinance - First 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.M. and 6:00 A.M.; Providing for Penalties; 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 this ordinance had been drafted on the statements from a prior meeting made by Mr. Strand and the Village Council regarding the problems in a previous ordinance draft which dealt with parking problems. Those comments were regarding Country Club Drive and vehicles parking on that right of way. Under the new ordinance parking on the Tequesta Drive right of way would still be prohibited 24 hours a day and would extend the prohibition to Country Club Drive, County Line Road, Riverside Drive, and Seabrook Road between the hours of 1 A.M. and 6 A.M. Councilmember Schauer expressed concern regarding how parking at parties after 1 A.M. would be handled. Discussion ensued regarding the fact that the police could use their discretion in those cases, with Village Attorney Randolph explaining the 24-hour ban on parking had existed for many years on Tequesta Drive and was being extended to the other thoroughfares from 1 to 6 A.M. in order to prevent someone from parking there 24 hours a day. Stanley Legner, 123 Country Club Drive, commented that Village Council Meeting Minutes November 10, 1994 Page 15 ----------------- there was one pickup truck that had been parked 24 hours a day for the past six years on Country Club Drive to which this ordinance would apply and that was the only problem he knew about. He commented the police should use discretion and could join the party. Councilmember Collings made a motion to approve the ordinance on first reading. Motion was seconded by Councilmember Capretta. 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) Consideration of Request for Authorization to expend Funds from the Law Enforcement Trust Fund and Certification that same for Police Bicycle Patrol Program Complies with F.S. 932.7055. (Staff Recommends Approval) Police Chief Roderick explained that the funds were needed to establish a bicycle patrol program which would involve five officers assigned to this detail. Two local organizations had committed to purchase the bicycles, and this request was for $672.75 to purchase the additional equipment needed. Vice Mayor Burckart made a motion to approve expenditure of these funds. 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. X. UNFINISHED BUSINESS Village Council Meeting Minutes November 10, 1994 Page 16 A) Ordinance - Second Reading - Amending Sections 6-41 and 6-42 of the Code of Ordinances of the Village and Providing for the Adoption of the 1993 Edition of the National Electric Code and for the Adoption of the Uniform Minimum Countywide Amendments to the 1993 National Electric Code; Providing for Codification; Providing an Effective Date. (Staff Recommends Approval) Village Attorney Randolph read the above ordinance by title only on second reading. Vice Mayor Burckart made a motion to approve the ordinance on second reading. 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. IX. ANY OTHER MATTERS Councilmember Schauer stated she would write a letter regarding the findings of Jupiter Middle School that Village Manager Bradford had not been made aware of the EMS charges which are split between Jupiter and Tequesta. Councilmember Schauer requested permission to authorize the Village Manager to find out whether there is a commercial activity problem on the Intracoastal waterway in order to possibly work with Jupiter and Martin County in their prevention efforts. Village Manager Bradford stated that he did not believe Tequesta had any problem in that regard, however it would be acceptable to pass an ordinance prohibiting that activity. Councilmember Capretta commented that the Country Club Drive project was complete and asked Chief Roderick to make sure the speed limit, traffic problems, and truck ordinance were stringently enforced and to provide a periodic report to the ~~` Safety Committee. Village Council Meeting Minutes November 10, 1994 Page 17 ------------------------------- Village Manager Bradford received clarification from the Village Council that the appraisal figure on land offered by the Dorner Trust to the Village was to become public record. Village Manager Bradford reported that in Martin County's lawsuit regarding Section 28 that the Judge's decision required Martin County to bring Section 28 into their primary urban services area and to allow construction of a 27-hole public golf course and 640 residential units. Martin County had requested support from Tequesta in their appeal efforts, which would consist of the filing of an amicus brief by the Village. Village Attorney Randolph commented that since time was so short that Tequesta would merely adopt Martin County's brief and add some of the concerns of the Village as an adjoining community. Councilmembers Collings and Capretta were in favor of filing the brief, however, Mayor Mackail expressed concern over a statement by Commissioner Marcus at the joint meeting the night before when she stated the number of cars allowed on the type of road that Tequesta Drive had been changed to was 13,000 trips per day when it was only 10,000, and stated he did not want to agree to her statement. Councilmember Capretta commented that the Island Way Bridge would be closed for possibly 6 months in the near future and that traffic data for Country Club Drive would be collected during that period to compare with the same six months period the previous year to determine the exact amount of traffic which came from Section 28, Jupiter, or western Martin County. Councilmember Collings commented that study would measure the traffic coming from South Martin County, Little Club, etc. Stanley Legner reported he had counted 262 vehicles passing his home on Country Club Drive in one-half hour between 4:15 p.m. and 4:45 p.m. today, with most exceeding the speed limit. Mr. Legner reported harassment from people driving up and down the street honking horns, playing loud music, shouting obscene remarks at pedestrians, and in one incident driving toward a resident as if to hit him but swerving at the last moment and then laughing. Mr. Legner stated that if the police could not stop the harassment that the Country Club residents would stop it. Mayor Mackail expressed concern and support from the police department. ,,:,... X. COMlrIUNICATION FROM CITIZENS Village Council Meeting Minutes November 10, 1994 Page 18 ------------------------------- Wade Griest, Dover Road, withdrew his request to speak due to the lateness of the hour. IX. ADJOURNMENT Councilmember Collings moved that the meeting be adjourned. Councilmember Capretta seconded the motion. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - for Earl L. Collings - for Joseph N. Capretta - for the motion was therefore passed and adopted and the meeting was adjourned at 9:10 P.M. Respectfully submitted, e~vQ~~ Betty Laur Recording Secretary ATTEST: ~.,.,~ oann Mang iello Village Clerk DATE APPROVED: .~~ o _. QQ.,,J ~; , 99s~