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HomeMy WebLinkAboutMinutes_Regular_04/14/1994VILLAGE 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 APRIL 14, 1994 I. The Tequesta Village Council held a regularly scheduled meeting at the Village Hall, 357 Tequesta Drive, Tequesta, Florida, on Thursday, April 14, 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 Earl L. Collings gave the Invocation and led those in attendance to the Pledge of Allegiance to the American Flag. III. APPROVAL OF AGENDA o Councilmember Schauer asked to have pulled from the Consent Agenda, Item V(I), the Village Manager's Report, and to discuss under ANY OTHER MATTERS five other matters. o Vice Mayor Burckart asked to hold out for discussion from the Consent Agenda Item IX(H). o Village Manager Bradford asked to discuss under ANY OTHER MATTERS the ENCON Septic Tank Study . Vice Mayor Burckart moved to approve the Agenda 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 -., the motion was therefore passed and adopted and the Agenda was approved as amended. Village Council Meeting Minutes April 14, 1994 Page 2 ------------------------------- IV. CONSENT AQrENDA 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) Tequesta Municipal Firefighters Pension Trust Fund - December 8, 1993; *8) Board of Adjustment - January 17, 1994; *C) Community Appearance Board - February 23, 1994; *D) Community Appearance Board - March 2, 1994; *E) Special Village Council Meeting - February 24, 1994; *F) Special Village Council Meeting - March 1, 1994; *G) Village Council Meeting - March 10, 1994; *H) Village Council Workshop Meeting - March 15, 1994; *I) Village Manager's Report - March 7 - April 8, 1994. Councilmember Schauer moved to approve the Consent Agenda as amended. 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. Councilmember Schauer asked, regarding the Village Manager's Report, page 6 item 2, "Water System Manager indicated sufficient right-of-way existed on Old Dixie Highway for installation of FPL power poles east side of Old Dixie", if that subject matter was in fact an issue the Village Council had objected to two years ago. Mr. Bradford explained these poles were different from those to which the Council originally objected. This is a pole line which uses typical standard type poles of a standard height, running on the East side of Old Dixie to provide power over to the St. Jude's Church/U.S. Highway One area. The ones the Council expressed concern about were on the west side of Old Dixie. Village Council Meetiag Minutes April 14, 1994 Page 3 ------------------------------- Vice Mayor Burckart asked Fire Chief Weinand, regarding Item IX(H), if Tequesta might, in the future when development starts in Tequesta's downtown area, need fire stations, and therefore need to keep the subject truck. Chief Weinand explained the subject truck has seen better days, and does not fill the need for Tequesta's present type of operation. This truck would better serve a more rural community that would run perhaps ten calls per year. Councilmember Collings moved to approve the Consent Agenda Item V(I) (Village Manager's Report), and Consent Agenda Item IR(H) as submitted. 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. VI. COMMITTEE REPORTS A) Public Safety Committee - March 2, 1994: Village Manager Bradford reported that the Through-Truck Ordinance was reviewed at this meeting. The Committee recommended that the Ordinance be left as is. However, the Committee recommended fee increases and recommended that the Village Manager review the possibility of increasing fees 50~. The Committee also reviewed the Draft Ordinance regarding compost bins, and recommended that the diagrams attached to the Ordinance not show the manufacturer's names. The Committee reviewed consideration of a Tequesta Fire-Rescue EMS proposal, providing savings of $119,000-$148,000 over a five-year period, with start-up costs of $43,313. The Committee recommended that Village Council approve the proposal. Mayor Mackail asked the Village Manager to ascertain the true tonnage for the Island Way Bridge and the other South Martin County Bridge. ~: ~,. Village Council Meeting Minutes April 14, 1994 Page 4 ------------------------------- Councilmember Collings moved Committee Meeting Minutes of Councilmember Schauer seconded motion was: to approve the Public Safety March 2, 1994 as submitted. the motion. The vote on the 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) Redevelopment Committee Meeting - March 16, 1994: Village Manager Bradford explained that this was the first meeting of the Redevelopment Committee. At this meeting the Committee reviewed the Christopher Village Foundation Development Proposal, including the Tequesta Branch Library. The Committee recommended a two-week postponement of the Library bid opening, originally scheduled for March 29; the new bid opening date to be April 12, 1994. The Tequesta Facility Needs Assessment was reviewed. The Village is faced with a $45,000 expenditure to renovate the Village Hall to meet the present Fire Code. The Committee recommended the Village come to a conclusion as to what facility needs were most pressing, and to take interim short-term steps to address inadequacies immediately. Vice Mayor Burckart moved to approve the Redevelopment Committee Meeting Minutes of March 16, 1994 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 April 14, 1994 Page 5 ------------------------------- VII. APPOINTMENTS A) Board of Adjustment: *1) Consideration of Appointment of Susan Brennan as a Regular Member the Board of Adjustment for a Three-Year Term, Expiring on April 15, 1997. (Staff Recommends Approval). Approved under the Consent Agenda. *2) Consideration of Appointment of Betty Coyle as an Alternate Member the Board of Adjustment for a Two-Year Term, Expiring on April 15, 1996. (Staff Recommends Approval). Approved under the Consent Agenda. B) Code Enforcement Board: *1) Consideration of Appointment of Dr. Ernest Ruonen as a Regular Member the Code Enforcement Board, Filling the Unexpired Term of Ernest Collins, who has Resigned, with said Term Expiring on February 11, 1997. (Staff Recommends Approval). Approved under the Consent Agenda. *2) Consideration of Appointment of Abe Lehrman as an Alternate Member the Code Enforcement Board, Filling the Unexpired Term of Dr. Ernest Ruonen, with said Term Expiring on February 11, 1997. (Staff Recommends Approval). Approved under the Consent Agenda. VIII. DEVELOPMENT MATTERS A) Consideration of Landscape Waiver Request Pursuant to Ordinance No. 377, by the Tequesta Gardens Condominium Association, inc. (Alec Cameron, President). ::., Village Council 4 Meeting Minutes April 14, 1994 Page 6 ------------------------------- Alec Cameron stated that the reasons for the Waiver Request were as follows: o Installation of the required hedges was just not possible, since all boundary areas are asphalted to the property line; o There was not room available for the required ground cover. o Overhead power and telephone lines prohibit the installation of the required trees; o Due to the width of the parking lot, there exists diagonal parking (as opposed to head-in parking). It would be impossible to convert to head-in parking due to the lack of space; o There already exists a four-foot landscaped strip bordering each parking area, allowing no additional space for increased landscaping; Mr. Cameron stated that the Tequesta Gardens Condominium has some landscaping plans they would like to implement, but those plans are on hold until a Waiver Request is granted. Councilmember Collings moved to approve the Landscape Waiver Request by the Tequesta Gardens Condominium Association 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. 8) Consideration of Application for Site Plan Review from Village of Tequesta for Phase II, Constitution Park, 397 Seabrook Road. (Brett Nein, ASLA, Project Manager, Gee & Jenson). Village Council Meeting Minutes April 14, 1994 Page 7 ------------------------------- In Brett Nein's absence, Village Clerk Joann Manganiello presented the Site Plan Review before the Village Council. She explained that on behalf of the Village of Tequesta and the Jupiter Tequesta Junior Citizens organization, a request for approval is made for Phase II of the Constitution Park Improvement Project. Landscaping and Gazebo approval has been received from the Community Appearance Board. Phase II addresses the construction of the major facilities for the Park: A sand pit volley ball court; a children's playground area; a basketball court; handball court; and the gazebo. There will be a heart trail with exercise stations. This phase will also include the addition of more trees. There will be sidewalk access to the Park from the Country Club area up through Seabrook Drive. The porous concrete parking lot which was suggested by Vice Mayor Burckart was found not only to be too expensive ($23,000), it was determined by the engineers not to be the proper treatment for that particular parking lot, which has adequate drainage. Phase II allows for drainage and retention; also included will be some improvements to Dover Road to solve a standing water problem in that area. It is anticipated that construction will start some time between the end of June 1994 and the beginning of July 1994, with a completion date 120 days hence. Councilmember Schauer suggested that a three-point line be made available near the basketball hoop. In consideration of surrounding businesses and residences, there will be fencing put in place around the perimeter of the Park before major construction starts. Vice Mayor Burckart moved to approve the Application for Site Plan Review for Phase II of Constitution Park. 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 April 14, 1994 Page 8 ------------------------------- C) Consideration of Acceptance of Proposal of PMG4 Associates, Inc., of Deerfield Beach, FL., in the Amount of $8,400 for a Financial Feasibility Study of the Proposed Christopher Village Foundation Tequesta Center Development Proposal and Village of Tequesta Participation in the Same. (Staff Recommends Approval). Village Manager Bradford explained that the Redevelopment Committee recommended the proposal from PMG Associates, to review and analyze the Christopher Village Foundation Master Plan Proposal, be brought before Council for their consideration and possible approval. The study done by PMG Associates will determine the viability of the Christopher Village Proposal. The study will be done in two phases: Phase I - will be a general analysis of the feasibility of the Project; Phase II - relates to the Developer's needs, looks at cost and cash flow analyses, and development of a pro forma for financial institutions. Councilmember Schauer asked the Village Attorney to explain to the Council/public why she must abstain from voting on any motion made in regard to the Christopher Village proposal. Attorney Randolph explained that the Florida Statutes, regarding voting conflicts, provide that no municipal official shall vote upon any measure which will enure to such official's private gain or which he/she knows would enure to the special private gain of a relative. Since Councilmember Shauer's husband is employed by the Project Engineers, she chooses to abstain from voting. Attorney Randolph felt the present subject was remote from the project itself, in that PMG Associates is an independent firm, separate from the Project Engineering firm, and therefore would not pose a legal conflict if voted on by Councilmember Schauer. Village Manager Bradford explained that PMG Associates will do a general market demand study for each element of the proposal, (i.e., one of the elements of the proposal being an Adult Congregate Living Facility (ACLF)), and give general capital and operating costs for such, which will cause PMG Associates to be able to estimate whether this aspect of the proposal will be a viable project for the Village of Tequesta. Village Council Meeting Minutes April 14, 1994 Page 9 ------------------------------- If Tequesta chooses to pursue that aspect of the Development Plan, Christopher Village Foundation will make a specific proposal on how that aspect will be developed. At that point, Christopher Village Foundation will want to know, before they make that proposal, the details and the most financially feasible way in which to do it, and the Village of Tequesta may themselves want to analyze the details of that specific proposal. Therefore, presently the analysis will be general; in the future it will be more specific. Councilmember Collings felt there was one specific that was not included in the proposer's tasks which should be included, which is the essence of this particular proposal: the College of the Arts. Mr. Bradford answered that the word "institute" is used in the proposal, and he would assume that means the Arts College. However, he would clarify that. Councilmember Capretta was concerned regarding the return on the Village's investment. He felt it was important that the Village receive cooperation from Joseph Benjamin and that the data that is required is clearly understood. Vice Mayor Burckart: 1) was not comfortable with the amount of money being spent to complete the study; 2) questioned whether there was a re proposal to study; 3) noted the probability of the project working has not been determined; and 4) felt a feasibility study should not be used to reject or support a project. Village Manager Bradford explained that the submittal given by Mr. Benjamin provides everything necessary (except for a breakout of the square footages for the commercial properties ) to complete the feasibility study. Mr. Benjamin has agreed to meet will PMG Associates to provide any additional data they might need. Councilmember Collings moved to approve the proposal of PMQ Associates in the amount of $8,400. Councilmember Capretta seconded the motion. The vote on the motion was: Ron T. Mackail - for William E. Burckart - against Elizabeth A. Schauer - abstained Earl L. Collings - for Joseph N. Capretta - for ~~r. the motion was therefore passed and adopted. Village Council Meeting Minutes April 14, 1994 Page 10 ------------------------------- John Giba, a Tequesta citizen, felt another study was not necessary and that Mr. Benjamin needed to come forward with a concrete plan. Mr. Giba was also concerned because the Developer does not own the subject property and because monies for the development of the project were not coming from the Developer but from donations. Joseph Benjamin corrected Mr. Giba in that the funding of the Arts College were coming from donations and that the Norton Foundation had put up $250,000 for initial funding expenses. IR. NEW BUSINESS A) Resolution No. 13-93/94 - Authorizing the Mayor to Execute a Certificate of Appreciation to the Owners of the Property Known as Gallery Square North. (Staff Recommends Approval). Mayor Mackail read into the Record the Certificate of Appreciation for Gallery Square North property owners and presented the same to Faye Schrecengost, representing the Lighthouse Gallery Board of Directors, and Muriel Manning. Attorney Randolph read Resolution No. 13-93/94 by Title: "A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING THE CERTIFICATE OF APPRECIATION TO THE OWNERS OF THE PROPERTY RNOWN AS GALLERY SQUARE NORTH AND AUTHORIZING THE MAYOR TO ERECUTE THE SAME ON BEHALF OF THE VILLAGE." Faye Schrecengost pointed out that the Certificate of Appreciation should be addressed to the Lighthouse Gallery Board of Directors. Vice Mayor Burckart moved to approve Resolution No. 13-93/94 as reed. 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. ~.,~ Village council Meeting Minutes April 14, 1994 Page li ------------------------------- 8) Ordinance - First Reading - Amending Chapter 11.5 Relating to Motor Vehicles and Traffic at Article II, Operation of Heavy Trucks, Section 11.5 - 13.1(b)(6), so as to Increase the Permit Fees. (Staff Recommends Approval). Attorney Randolph gave the First Reading of the above- referenced Ordinance by Title: "AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 11.5 RELATING TO MOTOR VEHICLES AND TRAFFIC AT ARTICLE II, OPERATION OF HEAVY TRUCRS, SECTION 11.5 - 13.1(b)(6) SO AS TO INCREASE THE PERMIT FEES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE." Village Manager Bradford explained that the Public Safety Committee recommended that the Ordinance be left as is, but that fees should be increased 50~ for daily, weekly, and monthly charges . The last increase was estimated to have teen in 1982. The Committee requested that the Village Manager look at the annual fee to determine the justification of increasing the annual fee in an amount greater than 50$. The annual permit fee was increased from $50 to $200, a 400$ increase, calculated and justified on annualized "spread" basis. Councilmember Collings felt the significance of the Ordinance was meaningful and that the increases in fees are minimal. Bill Treacy, Country Club Drive resident, submitted to the Council a 10-point Resolution from a Committee of Country Club Drive Residents which held a meeting on April 12, 1994. One point noted was to thoroughly ban through-truck traffic on Country Club Drive. Mayor Mackail suggested that the Village Manager arrange for a Public Works Committee Meeting to review and discuss the 10- point Resolution submitted by Mr. Treacy. Joan Marshall, Country Club Drive resident, stated that it is not the purveyor trucks which are headed for Turtle Creek which pose the problem on Country Club Drive, but the construction trucks which are headed for Martin County. Village Council Meeting Minutes April 14, 1994 Page 12 ------------------------------- Dr. Legner, Country Club Drive resident, suggested that residents of Country Club Drive take turns driving down Country Club Drive at 25 miles per hour which would do a great deal to slow the traffic on that roadway. Councilmember Collings moved to approve the above-referenced Ordinance. Vice Mayor Surckart 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. C) Ordinance - First Reading - Amending Chapter 10 of the Code of Ordinances Relating to Health and Sanitation, By Creating a New Article VIII Relating to Composting. (Staff Recommends Approval). Mayor Mackail gave the First Reading of the above-referenced Ordinance: "AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING CHAPTER 10 OF THE CODE OF ORDINANCES RELATING TO HEALTH AND SANITATION, BY CREATING A NEW ARTICLE VIII RELATING TO COMPOSTING; PROVIDING FOR THE REGULATION OF COMPOSTING; PROVIDING FOR PENALTIES; PROVIDING FOR ADMINISTRATIVE FINES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE." Village Manager Bradford explained that the Solid Waste Authority (SWA) is in the process of promoting residential composting. From past experience, the Village has learned that there is a need to regulate the location and size of composting activity. Compost bins should be of regulated size and materials for proper control, with consideration given to proximity to abutting properties . The Public Safety Committee recommended that the Village Council adopt the Ordinance and that the manufacturer's name not appear on the bin diagrams of the Ordinance. The SWA, having reviewed the Ordinance, felt it was an excellent model for municipalities attempting to control residential composting. Village Council Meeting Minutes April 14, 1994 Page 13 ------------------------------- Counoilmember Collings moved to approve the First Reading of the above-referenced Ordinance on composting. 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. *D) Consideration of Appointment of Mac Goodner to the Equity Study Commission. (Staff Recommends Approval). Approved under the Consent Agenda. *E) Cypress Drive Drainage Project Status Report for the Purpose of Reiterating Village Council Position of Participation in the Same. (Staff Recommends Approval). Approved under the Consent Agenda. *F) Consideration of Designation of Village Property as Surplus, Pursuant to Section 3.OZ(8) of the Village Charter. (Staff Recommends Approval). 1) 1991 Ford Crown Victoria Police Car - Mileage 88,480 - VIN # ZFACP7ZG5MR175630. 2) 1988 Ford Crown Victoria Police Car - Mileage 88,724 - VIN # 2FABP72G8JR163317. 3) 1971 Ford C800/American LaFrance Pumper Truck - Mileage (N.A.) - VIN # C80FVM72299. Approved under the Consent Agenda. *G) Acceptance of FY 1992-1993 Comprehensive Annual Financial Report. Bill Rascavelis, Finance Director. (Staff Recommends Approval). Approved under the Consent Agenda. Village Council Meeting Minutes April 14, 1994 Page 14 ------------------------------- *H) Consideration of Approval of Proposed Open Consignment Agreement Between the Village of Tequesta Fire-Rescue Department and Code Red Fire Equipment of Ocala, Florida, for One 1971 Ford C800 American LaFrance Class A Pumper in the Amount of $20,000 with Agreement to end on August 15, 1994, and Authorizing Tequesta Fire Chief, James M. Weinand to Execute the Same. (Staff Recommends Approval). Approved under the Consent Agenda. %. ANY OTHER MATTERS o Councilmember Schauer asked that an update on the roadway in Eastwinds Landing be given at the next Public Works Committee Meeting. Village Manager Bradford explained that the legal aspects of that issue are being pursued by the Village Attorney. Councilmember Schauer commended Lt. Steve Allison and Patrol Sergeant Robert Garlo for offering their time for the JASP program. Councilmember Schauer stated that some full-service communities held firefighter/policemen balls and queried as to whether Tequesta ought to follow such a route. o Councilmember Collings suggested that a special day be slated for collection of hazardous waste materials in the Village. Village Clerk Manganiello stated she had approached the Solid Waste Authority regarding this issue and their position was they would prefer not to sponsor amnesty days. Mr. Collings urged that a way be found to arrange such a day. o Councilmember Capretta suggested that the police department prepare a proposal regarding the cost and feasibility of having trained auxiliary police officers monitor Country Club Drive traffic each day from 6:00 a.m. - 9:00 a.m. and 7:00 p.m. - 10:00 p.m. to particularly pinpoint trucks and speeders, with the above program in effect for 30 days to study the impact. Village Council Meeting Minutes April 14, 1994 Page 15 ------------------------------- o Village Manager Bradford - ENCON Septic Taak Study. Village Manager Bradford stated he met with the Executive Director of ENCON, Richard Dent, who broached the subject of a meeting in 1993 between the Village and ENCON to discuss Tequesta's involvement with the Septic Tank Study. At that meeting, ENCON suggested that they would pay for the study but desired the Village to oversee and manage it . ENCON is now ready to proceed with its Septic Tank Study and needs a formal response from Tequesta as to what role, if any, the Village would want to have relative to the Septic Tank Study to be done in Tequesta. The Study is to determine if there is pollution and degradation in the Loxahatchee River, by virtue of septic tanks. ENCON feels the credibility of the study may be questioned if they conduct the entire study. They feel if Tequesta is involved with the Study, while ENCON pays for the Study, that the findings will be more credible. Councilmember Schauer felt ENCON was trying to "pass the buck" onto Tequesta. Councilmember Capretta felt Tequesta should become involved in the Study to ensure validity. Village Manager Bradford suggested that a committee of citizens be developed from the neighborhoods which are impacted in the study, causing them to become directly involved in that which was affecting them. The Village Council agreed with this approach and also suggested an engineer be included on the Committee. o Village Manager Bradford stated that during his conversation with the ENCON Director, the subject of the low pressure sewer system arose. ENCON applied for a permit to put the low pressure sewer systems in various places throughout Tequesta, including the Country Club peninsula area. The circumstances are such that ENCON had applied for their permit to do the low pressure system way in advance of the public unrest over the situation in 1993. In their permit, ENCON applied for all of those areas within Tequesta. ENCON has since voted not to proceed with implementing low pressure sewer systems in Tequesta, but there appears in todays newspaper a Notice of Permit which includes Tequesta. If Tequesta was deleted from the permit, it would take another year to obtain the permit. Village Council Meeting Minutes April 14, 1994 Page 16 ------------------------------- Tequesta has filed for an extension of time to respond to the Notice of Permit and to submit a Petition for Administrative Hearing. The extension was granted to May 31, 1994, now presenting the opportunity for Tequesta to prepare the proper Petition to protect Tequesta's interests regarding the low pressure sewer system. ENCON is very disturbed by the fact that Tequesta filed for the time extension. IR. CONIIKZJNICATIONS FROM CITIZENS o Betty Nagy congratulated the Tequesta Fire Department for going to in-house EMS service. Mrs. Nagy expressed disappoval of Councilmember Schauer's comment at a recent meeting that southern Martin County build community stores to lessen the traffic on Country Club Drive. Mrs. Nagy reminded Councilmember Schauer that many of Tequesta's local merchants enjoy the business of many Martin County residents. Councilmember Schauer corrected Mrs. Nagy by answering that her suggestion was for a 7-11 or a convenience store, not a strip mall, to better serve Martin County residents when needed to shop for a loaf of bread or a quart of milk. o Wade Griest stated he remains amazed by the fact that the public is not permitted to speak at Code Enforcement Board meetings. Mr. Griest suggested that the Village Council be brought up to date at every Council meeting regarding serious code violations in the Village. Mr. Griest reported that the property next door to his has once again been cited for Code violations, asking the Village Council not to allow this to go three years before correcting the problem or causing the Village thousands of dollars in legal fees. Chairman Capretta suggested that the Chairman of the Code Enforcement Board and the Code Enforcement Officer report at each Public Safety Committee Meeting a status report on major violations in the Village, monitoring each case ~~ as it progresses. Village Council Meeting Minutes April 14, 1994 Page 17 ------------------------------- Councilmember Collings suggested that there be a citizen report at each Village Council Meeting regarding the Code Enforcement Board meetings. Mayor Mackail, having sat in on some Code Enforcement Board meetings, felt the communication from the Code Enforcement Office to the Code Enforcement Board was weak. He recommended that the Code Enforcement Officer be more prepared, firm, definitive, explaining all the legal parameters of the case. o Bill Treacy felt that, other than two Village Council members, the Village Council was a sore disappointment at the recent Jupiter/Tequesta/Martin County Joint Meeting. He felt that Councilmember Collings was more supportive of Martin County than Tequesta. He also felt the Council was afraid to take on the job for which they were elected. He said the Village Council should be paying more attention to and doing something about Country Club Drive. Mayor Mackail agreed that the Joint Meeting was a waste of time but assured Mr. Treacy that Country Club Drive is being taken into consideration. The Village Council will be reacting to the needs of Mr. Treacy and the residents of Country Club Drive, but it takes time. Village Council . _ Meeting Minutes April 14, 1994 Page 18 ------------------------------- 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. 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 9:23 P.M. Respectfully submitted, Fran Bitters Recording Secretary ATTEST: Jo nn Manganiel Village Clerk DATE APPROVED: FORM 86 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS t.AST NAME-FIRST NAME-MIDDLE NAME NAME ARD, COUNCIL, COMMIS~IO/N, AUTHORITY, OR C~'MITTEE AILING ADDRESS w THE BOARD, COUNCIL., COMMISSION, AUTHOR , OR COMMITTEE ON _..---- ~' / WHICH I SERVE IS A UNIT OF: b~ /~f~i`~CCJOD .O L ~ /t~? CITE / COUN"fY DATE ON N'HICH V~~~ ~ EU /~ TY J COUNTY . ;OTHER LOCAL AGENCY OP POLITICAL SUBDIVISION: /~ ~~ ' ~~Q ~ e CST / E~ ~c : ,q MY POSITION i "/ELECTIVE /' APPOINTIVE WHO MUST FILE FORM 86 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 law 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 BEING 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 responsible 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. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH 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. ' L SURE OF STATE OFFICER'S IN ST I. a that on 19 (a) A me sure came or wi come before my agency which (check one) - inured to my special private gain; or inured to the special gain of (b) The measure before my agency and the nature of my interest in the measure is as follows: by whom 1 am retained. ~V~- ~~~ - f.. ~~C G~4BC, '~'. ~_~/' ~/ Q ~~~~/ C~LCi~m~tL.:I~t~zY _ ~~ l% ~~~v~ O V ~ `,o ~ ~.c~~~~ ~~~ ~ Dp(~Fiied ~ i ~~~~ ~'~"~".'TICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED TIISCLOSURE 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. Ct tURM 8B - 10-86 PAGE 2