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HomeMy WebLinkAboutMinutes_Regular_05/12/1994VILLAGE 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 MAY 12, 1994 I. The Tequesta Village Council held a regularly scheduled meeting at the Village Hall, 357 Tequesta Drive, Tequesta, Florida, on Thursday, May 12, 1994. The meeting was called to order at 7:00 P.M. by Mayor Ron T. Mackail. A roll call was taken by Fran Bitters, the 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, Department Heads and Village Attorney John C. Randolph. II. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Elizabeth Schauer gave the Invocation and led those in attendance to the Pledge of Allegiance to the American Flag. III. APPROVAL OF AGENDA o Councilmember Schauer stated she had some questions under Item XI ANY OTHER MATTERS, regarding the JTJC Building, and discussion regarding Martin County Bridge weight restrictions. o Councilmember Capretta asked to address the Village Council under Item XI ANY OTHER MATTERS regarding the Lantana Plan. o Mayor Mackail asked to discuss under Item XI ANY OTHER MATTERS a Budget item. Councilmember Collings moved to approve the Agenda as amended. Councilmember Schauer seconded the motion. The vote on the motion was: Ron T. Mackail - for William 8. 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. Recycled Patter Village Council Meeting Minutes May 12, 1994 Page 2 ------------------------------- IV . CONSENT AC;ENDA All Items listed with an asterisk ( * ) are considered to be routine and will be enacted by one motion. V. APPROVAL OF MINUTES AND REPORTS *A) Code Enforcement Board, February 22, 1994; *8) Village Council Meeting, April 28, 1994; *C) Special Village Council Meeting; May 2, 1994; *D) Village Manager's Report; April 11 - May 6, 1994; Councilmember Collings moved to approve the Consent Agenda as submitted. Councilmember Schauer seconded the motioa. 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) Public Works Committee - April 26, 1994: Village Manager Bradford reported that the Committee reviewed the Country Club Drive construction alternatives, recommending: 1) a paving overlay for roadway; 2) delete curb, gutter and sidewalk on both sides; 3) upgrade the bikepath; 4) landscaping and irrigation at the county line entranceway with a median divider and one tree on each side. The Committee also: reviewed a status report regarding Eastwinds Landing road condition; and declined Palm Beach County's request to participate in Palm Beach County Riverside Path Project. Village Council Meeting Minutes May 12, 1994 Page 3 ------------------------------- Vice Mayor Burckart moved to approve the Public Works Committee Meeting Minutes of April 26, 1994 as submitted. 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. Councilmember Collings reminded the Village Manager that his recommendation regarding Country Club Drive construction was to do so incrementally through the Capital Improvement Program, (doing only the worst spots) and funding the project as funds become available, saving approximately $137,000 from the Bond Issue. Councilmember Collings moved that Country Club Drive improvements be done incrementally through the Capital Improvement Program. Councilmember Capretta seconded the motion. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - for Earl L. Collings - for Joseph N. Capretta - for the motion was therefore passed and adopted. IR. C) Status Report on Activities Associated with the Proposed 1994 Sond Issue. Clark Bennett, Florida Municipal Advisors, Inc. Because Mr. Bennett was recuperating from surgery, Mr. Kascavelis asked that this Agenda Item be considered after Item VI (A). Village Council Meeting Minutes May 12, 1994 Page 4 ------------------------------- Mr. Bennett reported that he had looked into possibilities for financing for the Village's proposed Capital Improvement Programs. He sent letters to four local commercials banks (Sun Bank; Nations Bank; First Union; Barnett Bank, who are usually in the market to buy tax-exempt securities) and asked for their response, with particular parameters: 1) a Bond Issue, of a particular size, with 20 years to maturity; 2) costs kept to a certain maximum. Sun Bank's response was not in the best interests of the Village, since they desired to adjust the rate on the Bonds every five years; Barnett Bank sent a tentative proposal with a quoted rate of 6.15$. One condition of their proposal was not favored by the Financial Advisor who is presently working to resolve that problem. When a formal proposal is received, that will be immediately shared with the Village. VII. DEVELOPMENT MATTERS A) Consideration of Request for Village Council Permission to Construct a Temporary Sales Office Pursuant to Section R(R)(1)(b) of the Tequesta Zoning Ordinance in Association with the Cliveden Condominium Project, 425 Beach Road. Jupiter Island Corporation, R. Mason Simpson, President. Mr. Simpson explained to the Council that his plan was to use the trailer as a Sales Office for one year, with a request for an extension of time at the end of that year if more time was required. Councilmember Collings moved to approve the request to construct a sales office for one year as requested above. 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 Council Meeting Minutes -~ May 12, 1994 Page 5 ------------------------------- VII. B) Granting Authority to Palm Beach County Over Landscaping Activities and Maintenance of Landscaping under the County~s Coastal Protection Ordinance. Mr. Griffin, Tequesta Representative to the Beaches and Shores Council, stated that, if granted: 1) Palm Beach County would take over the landscaping regulations for the coastal region throughout the County; 2) this would not apply to Palm Beach County doing any landscape maintenance anywhere else except the coastal regions; and 3) Palm Beach County would do this landscaping maintenance in incorporated, as well as unincorporated areas of the County and each municipality would have to opt in to participate. Jupiter Inlet Colony and Jupiter each chose not to participate. Attorney Randolph explained to the Council that the above- referenced matter is not an "opt out" issue, but rather "opt in". Councilmember Collings moved that Tequesta opt in to the above referenced Ordinance, granting authority to Palm Beach County regarding the trimming of landscaping and seagrapes along Tequesta~s coastal region. Councilmember Schauer seconded the motion. The vote on the motion was: RON T. MACRAIL - AGAINST WILLIAD~ E . BURCRART - AGAINST ELIZABETH A. SCHAUER - FOR EARL L. COLLINGS - FOR JOSEPH N. CAPRETTA - AGAINST THE MOTION THEREFORE DID NOT PASS. VIII. APPOINTMENTS A) Community Appearance Board. *1) Consideration of Re-Appointment of Paul Coben as a Regular Member of the Community Appearance Board for a Three-Year Term Expiring on May 31, 1997. Staff Recommends Approval). *2) Consideration of Re-Appointment of Leslie Cook as a Regular Member of the Community Appearance Board for a Three-Year Term Expiring on May 31, 1997. (Staff Recommends Approval). VlzzAaE CovNCIL MEETING MINUTES MAY 12, 1994 PAGE 6 *3) Consideration of Re-Appointment of Claudette Dalack as a Regular Member of the Community Appearance Board for a Three-Year Term Expiring on May 31, 1997. (Staff Recommends Approval). Item VIII (A) was approved under the Consent Agenda. IR. NEW BUSINESS *A) Consideration of Approval of Agreement for Financial Advisory Services with Florida Municipal Advisors, Inc., of Palm Beach Gardens, Florida, for Financial Advisory Services Necessary for the Proposed 1994 Bond Issue and Authorization for the Village Manager to Execute Same on Behalf of Tequesta. (Staff Recommends Approval). *B) Consideration of Approval of Bond Counsel Eagagement Letter with Mark Raymoad, Esq. of Moyle, Flanigan, Ratz, Fitzgerald and Sheehan, P.A., of West Palm Seach, Florida, in the Amount of $10,000 for Bond Counsel Services Associated with the 1994 Bond Issue and Authorizing the Mayor to Execute the Same on Behalf of Tequesta. (Staff Recommends Approval). The above two items were approved under the Consent Agenda. D) Ordinance - First Reading - Amending Chapter 11.5 of the Code of Ordinances, Section 11.5-21, Relating to the Prohibition of Parking of Vehicles, Boats, Machinery, etc. on Swales Adjacent to Tequesta Drive and Country Club Drive within the Village. Attorney Randolph gave the First Reading of the above- referenced Ordinance: "AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 11.5 OF THE CODE OF ORDINANCES AT SECTION 11.5-21 RELATING TO PROHIBITION OF PARKING OF VEHICLES, BOATS, MACHINERY, ETC. ON SWALES ADJACENT TO TEQUESTA DRIVE AND COUNTRY CLUB DRIVE WITHIN THE VILLAGE; PROVIDING FOR PERMITS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE." Village Council Meeting Minutes ~` May 12, 1994 Page 7 ------------------ Discussion took place as to whether Village maintenance vehicles, lawn maintenance crews, service crews, etc. would be allowed to park in swale areas. Because the Ordinance does not clearly address these issues, it was suggested that the Ordinance be tabled to allow for provision of the above concerns. Councilmember Collings moved to table the above-referenced Ordinance until the Village Attorney could be allowed time to amend such regarding the exceptance of service vehicles aad the exceptance of Village maintenance vehicles. 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. E) Ordinance - First Reading - Amending Section 13.1 of the Village Code of Ordinances Relating to Planning and Development of Article VI so as to Provide that the Village Council May Require Development Agreements for any Proposed Development within the Village. Village Attorney Randolph read the above-referenced Ordinance by Title: "AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING SECTION 13.1 OF THE VILLAGE CODE OF ORDINANCES RELATING TO PLANNING AND DEVELOPMENT OF ARTICLE VI SO AS TO PROVIDE THAT THE VILLAGE COUNCIL MAY REQUIRE DEVELOPMENT AGREEMENTS FOR ANY PROPOSED DEVELOPMENT WITHIN THE VILLAGE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE." Councilmember Schauer moved to approve the above-referenced Ordinance on First Reading as submitted. 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. Village Council Meeting Minutes May 12, 1994 Page 8 ------------------ *F) Consideration of Re-Appointment of Councilmember Earl L. Collings as the Tequesta Representative on the Jupiter Iadiantown Road and Bridge Task Force for a Term of One Year. (Staff Recommends Approval). Approved under the Consent Agenda. X. UNFINISHED BUSINESS A) Ordinance No. 468 - Second Reading - Amending Chapter 16 of the Code of Ordinances of the Village of Tequesta Amending Section 16.2, Administrative Costs, Subsection (a), Base Application Fees, Paragraphs (1) through (8); by Adding New Paragraph (9), Comprehensive Land Amendment/Land Use Change to Section 16-2, Subsection (a), Base Application Fees. (Staff Recommends Approval). Councilmember Schauer moved to approve the above-referenced Ordinance on Second Reading as submitted. 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. B) Update on Village Projects for Benefit of Village Council, Pursuant to Request of Councilmember Joseph Capretta. 1) 1994 Bond Issue (status on Village Council Agenda 05/12/94): The cost of Country Club will added to the Bond Issue, deleting the cost of the bikepath. 2) Tequesta Park: Three Phases: 1) New lighting; irrigation of the Park; 2) Phase II is in the Bond Issue which includes: paving, lighting, landscaping and irrigate the parking lot; upgrade the playground and its equipment; upgrade the northernmost fields in the back of the Park; 3) Phase III includes lighting of the backfields; new fencing for the backfields; expanding the parking lot. Village Council Meeting Minutes May 12, 1994 Page 9 ------------------ 3) Country Club Drive: Some fiscal improvements will be done either through the Bond Issue or the Capital Improvement Fund. In addition, Comprehensive Plan amendments will take place to reduce the useable right- of-way on Country Club Drive. 4) Constitution Park: This item is in the Bond Issue, costing approximately $410,000. $92,000 will be funded through Recreation Impact Fees. Improvements will be: upgrading of the parking lot with lighting, landscaping and irrigation. The Park itself will have gazebo, heart trail with exercise stations, handball/racquetball court with future room for expansion; volley ball and basketball courts; tot lot, and open space. The Village is being sued by three ladies who claim that the lease should be overturned since they feel the facilities will not strictly be used for the youth of the area and that the JTJC Charter requires them to provide activities specifically for youth. 5) Dover Ditch: The Village is proceeding with securing the permit needed for mangrove mitigation, sometimes costly and timely. The Village Engineer has applied for a Grant from the South Florida Water Management District since this project is eligible for that type of funding. Two 52" culverts, with a swale area on top, will be put in place, closing the Ditch from Seabrook to Riverside Drive. 6) Downtown Redevelopment: The Redevelopment Committee will meet next week to review the Financial Feasibility Study of PMG Associates. The Lighthouse Plaza property has been sold to the DiVosta Corporation with plans to build apartments on the property. 7) Tequesta Branch Library: Bids have been postponed on the Library construction. Audrey Wolfe will be sending a Memorandum to the Palm Beach County Board of County Commissioners stating that the County Library Staff recommends that Tequesta be given until September 1994 to complete the activities Tequesta has relative to Tequesta's downtown development for the relocation of the Library. The County has reiterated that the $506,000 will be the maximum reimbursement the County will provide to the Village toward accomplishing the project. Village Council Meeting Minutes '~ May 12, 1994 Page 10 ------------------ The County has some concerns regarding a downtown location: 1) they want a free-standing building, regarding both maintenance and operations; 2) concerns regarding cross-utilization of facilities; and 3) parking must be adjacent to the Library with a lot configuration as opposed to off-street parking. These issues would have to be resolved before receiving Palm Beach County Library Staff support. RI. ANY OTHER MATTERS o Councilmember Schauer asked the status, regarding the May 4 Memorandum from the Village Manager to the Village Council regarding the Martin County Bridge weight load restrictions. Lt. Allison, Tequesta Police Department, was told by FDOT that Martin County has not yet been informed of the latest load rating analysis for their bridges. The bridges have a higher rating than that which is posted; however, there appears to be nothing illegal about posting a bridge weight limit less than that which it is rated. o Chairman Capretta stated that Lantana, Florida has passed a series of Ordinances requiring that certain things must be done to properly maintain the appearance of private residences to protect the value of neighboring properties. He suggested the Village Manager visit Lantana to review this issue to determine whether it is something Tequesta should do. o Mayor Mackail - spoke in regard to the upcoming Budget, stating that he felt it would behove the Village to consider all potential ad valorem tax available within the Village, and asked the Village Staff explore the opportunity the Village might have regarding the Gallery Square North parking lot. He asked that the Village Manager discover the value of that property and ways and means of disposing of such. IR. CONII~IUNICATIONS FROM CITIZENS o Dr. Stan Legner stated he has compiled a log of traffic and speeders on Country Club Drive and felt that what the Village is doing to curb such is not effective enough. Village Council Meeting Minutes "' May 12, 1994 Page it ------------------ o Cliff Bracht - Country Club Drive resident, stated that trucks and car traffic on Country Club Drive still is not being properly addressed. o Ann Chapman - stated that she no longer enjoys driving in Tequesta, with the speed limit on Country Club Drive reduced to 25 miles per hour. She felt the speed reduction was unconscionable of the Village Council and that more consideration should be given to properly repairing the road as opposed to lowering the speed limit. She further felt Tequesta should not try to segregate itself from surrounding communities since isolationism is not the `American way'. R. 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. Surckart - 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, Fran Bitters Recording Secretary ATTEST: c~..~_°~~ - . o o~ ann Mangan' llo Village Clerk DATE APPROVED: 9 . ~995~