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HomeMy WebLinkAboutMinutes_Regular_11/18/1993VILLAGE OF TEQUESTA Post Office Box 3273 ~ 357 Tequesta Drive Tequesta, Florida 33469-0273 (407) 575-6200 Fax: (407) 575-6203 V I L L A G E O F T E Q U E S T A V I L L A G E C O U N C I L M E E T I N G M I N U T E S N O V E M B E R 1 8, 1 9 9 3 I. The Tequesta Village Council held a regularly scheduled meeting at the Village Hall, 357 Tequesta Drive, Tequesta, Florida, on Thursday, November 18, 1993. 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, Liz Schauer, Earl L~. Collings and Joseph N. Capretta. Also in attendance were: Village Manager Thomas G. Bradford, 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 hold out for discussion under the Consent Agenda, Item VI (G), the Village Manager's Report; and to discuss several other topics under Item X, ANY OTHER MATTERS. o Councilmember Collings asked to comment on the closing of Bridge Road for the Crafts Fair on December 12, 1993. o Councilmember Capretta asked to comment on the Downtown Development area under Item IV ( B) , and to comment on two other issues under Item X, ANY OTHER MATTERS. o Village Manager Bradford asked to comment on the closing of Bridge Road. o Village Attorney Randolph asked to comment under Item X, ANY OTHER MATTERS, on a consideration of settlement regarding Tequesta v. Siegel. ,,~"~ Recycled Parer Village Council Meeting Minutes ~... November 18, 1993 Page 2 ------------------------------- 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 E. Burckart - for Liz 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. PUBLIC HEARINGS A) Ordinance - First Reading - Amending Ordinance No. 355, as Amended, the Comprehensive Zoning Ordinance of the Village of Tequesta at section X, Relating to Supplemental Regulations, Item (L), so as to Provide Restrictions Relating to the Parking of Trucks and Recreational Vehicles in the R-lA Zoning District. 1) Ordinance Read by Title: Attorney Randolph read the Ordinance by Title: "AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING ORDINANCE NO. 355, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE VILLAGE OF TEQUESTA, AT SECTION X, RELATING TO SUPPLEMENTAL REGULATIONS, ITEM (L), SO AS TO PROVIDE RESTRICTIONS RELATING TO THE PARKING OF TRUCKS AND RECREATIONAL VEHICLES IN THE R-1A ZONING DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE." 2) Overview of Ordinance: Village Manager Bradford explained that the above Ordinance provides for additional restrictions relative to the parking of trucks and recreation vehicles within the R-1A Zoning District, encompassing the subdivisions of Tequesta Country Club, Bayview Terrace, Shay Place and Bay Harbor. Such amendments are approved of by the involved homeowners associations. The Ordinance provides that certain vehicles will have additional screening requirements in order to address concerns in that area. Village Council Meeting Minutes November 18, 1993 Page 3 3) Village Council and Public Comments: Councilmember Schauer questioned the two-year growth period allowed for a hedge to be used as a screen (page 2, Section 1(2) (b)) . Attorney Randolph stated that that particular reference is a carryover from the original Ordinance. Councilmember Capretta, asked if this Ordinance would effectively allow for screening for a pick-up truck with a camper topper. Attorney Randolph answered that if the camper shows above the screening device, it would be in violation. Mr. Bradford added that a screening wall or fence cannot exceed six feet. Therefore, an innovative screening device would need to be used. Mayor Mackail asked if there should be a better interpretation in the Ordinance regarding trucks, in order to avoid confusion (i.e., mini-vans or Suburbans, which are classified as passenger vehicles). Attorney Randolph explained that if the vehicle is used in a business, it must be screened. However, if it a passenger vehicle which is used in the business, with a removable magnetic sign that can be removed while the vehicle is on the property, that would be allowed. The Ordinance will not preclude passenger vans from parking in the driveways. 4) Motion to Adopt/Reject Ordinance on First Reading: Councilmember Collings moved to approve the First Reading of the Ordinance. Councilmember Schauer seconded the motion. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Liz Schauer - for Earl L. Collings - for Joseph N. Capretta - for the motion was therefore passed and adopted. Village Council Meeting Minutes November 18, 1993 Page 4 B) Ordinance - First Reading - Amending Zoning Ordinance No. 355, As Amended, by Amending Section IV, Definitions, by Amending and/or Adding Certain Definitions; by Amending Subsection V, Establishment of Districts and Official Zoning Map; By Adding at Subsection (A), a new Mixed- Use District; by Amending Section VII, Schedule of Regulations and Application of Regulations, By Adding District MU at Subsection (C), Schedule of Site Regulations; by Amending Section VII, Schedule of Regulations and Application of Regulations, Subsection (D), Schedule of District and Use Regulations, by Adding New Paragraph (9), Mixed-Use District; by Amending Section VIII, Off-Street Parking and Loading Regulations; by Amending Section X, Supplemental Regulations Applying to a Specific, to Several, or to all Districts, Subsection (J), Special Exception Uses, Paragraph (2), Criteria, by Adding a New Requirement (h); Subsection (M), Site Plan; Prerequisite to Building Permit Issuance, by Amending Paragraph (1). 1) Ordinance Read by Title: Attorney Randolph gave the First Reading of the Ordinance: "AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING ZONING ORDINANCE NO. 355, AS AMENDED, BY AMENDING SECTION IV, DEFINITIONS, BY AMENDING AND/OR ADDING CERTAIN DEFINITIONS; BY AMENDING SUBSECTION V, ESTABLISHMENT OF DISTRICTS AND OFFICIAL ZONING MAP; BY ADDING AT SUBSECTION (A), A NEW MIXED-USE DISTRICT; BY AMENDING SECTION VII, SCHEDULE OF REGULATIONS AND APPLICATION OF REGULATIONS, BY ADDING DISTRICT MU AT SUBSECTION (C), SCHEDULE OF SITE REGULATIONS; BY AMENDING SECTION VII, SCHEDULE OF REGULATIONS AND APPLICATION OF REGULATIONS, SUBSECTION (D), SCHEDULE OF DISTRICT AND USE REGULATIONS, BY ADDING NEW PARAGRAPH (9), MIXED-USE DISTRICT; BY AMENDING SECTION VIII, OFF-STREET PARKING AND LOADING REGULATIONS; BY AMENDING SECTION X, SUPPLEMENTAL REGULATIONS APPLYING TO A SPECIFIC, TO SEVERAL, OR TO ALL DISTRICTS, SUBSECTION (J), SPECIAL EXCEPTION USES, PARAGRAPH (2), CRITERIA, BY ADDING A NEW REQUIREMENT (H); SUBSECTION (M), SITE PLAN; PREREQUISITE TO BUILDING PERMIT ISSUANCE, BY AMENDING PARAGRAPH (1); PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE." Village Council ~; Meeting Minutes November 18, 1993 Page 5 ------------------------------- 2) Overview of Ordinance: Village Manager Bradford explained that this Ordinance provides a flexible zoning district for the Tequesta Downtown area of concern. The Ordinance was reviewed by the Finance & Administration Committee on October 20, 1993 and was approved with certain amendments which have been made to the Ordinance. 3) Village Council and Public Comments: Councilmember Schauer asked if the density referred to in this Ordinance aligns with that which was discussed at the recent Forum which took place. She was informed by staff that it does. Councilmember Capretta stated that he felt that the Village Council ought to exercise leadership and that development in the downtown area should be accelerated and wondered if the term "mixed-use" should really be applicable, since what is desired in the downtown area is 'people' as opposed to 'commercial'. He felt the Village should consider the infrastructure for the area; the zoning; accelerate the building of homes; perhaps even put the proposed Library in the downtown area; locate a consulting firm to do the planning and marketing, etc. Mayor Mackail asked, since 'flexibility' was the key issue for the downtown area, if that was placed within this Ordinance. Scott Ladd assured him it was. Mr. Ladd explained further that the passing of this Ordinance would end the present "zoning in progress". Mayor Mackail agreed that it may take time to consider a downtown re-development agency and for the Village to set specific goals and objectives for implementation. Vice Mayor Burckart asked if all the property owners in the downtown development area had been informed of this Ordinance. Mr. Ladd stated that most had come in to pick up copies of the Ordinance but he was not sure whether or not all were aware. Vice Mayor Burckart felt it was imperative that all affected property owners be made aware of this Ordinance. Citizen John Giba stated that he felt the original Master Plan was artificial - not market driven - only what the architects and planners wanted - too idealistic on one hand and too restrictive on the other. He felt the r. downtown area should be a reflection of the practical things the Villagers themselves would like to have there. village Council Meeting Minutes November 18, 1993 Page 6 ------------------------------- Gary Van Brock stated he felt the Ordinance still needed refinement and that he needed more time to go completely through it in order for him to submit a list of concerns. He agreed all property owners affected by the downtown plan needed to be notified of the Ordinance. Citizen Bill Shannon stated he liked the proposed Ordinance and felt it was a proper step forward. He urged that the time between First and Second Reading be extended to allow the people of Tequesta to review the plan and cautioned against the hiring of experts too early. Mr. Shannon felt the 3500 square feet allowed for gross leasable area was restrictive. 4) Motion to Adopt/Reject Ordinance on First Reading: Councilmember Schauer felt the Ordinance should be tabled until all affected property owners were made aware of, and had an opportunity to completely review it. Mayor Mackail agreed with Councilmember Schauer. Attorney Randolph explained that there are two Public Hearings scheduled in order to give the public an opportunity to be heard. Councilmember Capretta felt Workshops were in order for the Ordinance, as well as Public Hearings. Village Manager Bradford explained that the Urban Design Objectives of the Ordinance are merely guidelines - not mandatory. Permitted uses of the Ordinance are single family dwellings, two-family, multi-family, etc. Special Exception Uses are civic, cultural, institutional and public buildings, as well as ACLF. Mr. Bradford pointed out to the Building Official that the proposed Ordinance, on page 6, allows 18 units per gross acre - and that the current Ordinance allows 24 units per acre for ACLFs. Mr. Bradford stated that he would not want the proposed Ordinance to take away a 24 unit per acre for ACLF allowance. Vice Mayor Burckart asked the Village Attorney to compare Unity of Title (page 5 - (d)1.c.) with that of Palm Beach County's which is called Unity of Control, which allows a large parcel to be subdivided without losing control of a Master Site Plan. Councilmember Collings stated that one of the steps accomplished by First Reading is the halting of Zoning In Progress and asked the Village Attorney if First Reading was delayed, how would Zoning In Progress be halted? Village Council Meeting Minutes November 18, 1993 Page 7 ------------------------------- The Village Attorney explained that if First Reading is approved this evening, and then make substantive changes at the Second Reading, there will need to be a Third Reading. Secondly, of primary importance in Zoning Hearings are the quarter page ads which must be published in the newspaper. One has appeared - there will be another - which relate to the Public Hearings. After the Public Hearings, all that is needed is a First and Second Reading. If this was not done on First Reading tonight, it would not substantively delay matters. Councilmember Schauer moved to postpone the First Reading of the Ordinance. Councilmember Capretta seconded the motion. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Liz 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. VI. APPROVAL OF MINUTES AND REPORTS *A) Board of Adjustment, September 20, 1993 *B) Tree Board; May 12, 1993 *C) Community Appearance Board; August 25, 1993 *D) Community Appearance Board; September 8, 1993 *E) Village Council Meeting; October 14, 1993 *F) Special Joint Council Meeting; October 27, 1993 *G) Village Managers Report; October 11-November 12, 1993 Village Council Meeting Minutes November 18, 1993 Page 8 ------------------------------- Item VI (G), Village Manager's Report, was held out for discussion. Councilmember Collings moved to approve the Consent Agenda as amended. Vice Mayor Burckart seconded the motion. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Liz Schauer - for Earl L. Collings - for Joseph N. Capretta - for the motion was therefore passed and adopted. Councilmember Schauer asked for an update of the Juvenile Alternative Services Program (JASP), referred to on page 3 of the Village Manager's Report. Village Manager Bradford reported that this item is scheduled on the Public Safety Committee Agenda for December 1, 1993. The memorandum referred to in the Village Manager's Report requests suggestions for jobs that juveniles could do for the Village if they were allowed to come on the premises to serve their community time. Vice Mayor Burckart moved to approve Consent Agenda Item VI (G). Councilmember Schauer seconded the motion. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Liz Schauer - for Earl L. Collings - for Joseph N. Capretta - for the motion was therefore passed and adopted. VII. COMMITTEE REPORTS A) Finance and Administration Committee Meeting; October 20, 1993. Village Manager Bradford gave an overview of the above- referenced meeting: 1) The Committee reviewed the procedures regarding the proposed Country Club Drive activities of the Village to help address the traffic concerns, looking at another approach in lieu of abandonment of right-of-way. As soon as utility location and the roadway section overlays are completed, the issue will be brought before the Village Council (perhaps in early January 1994) for Public Hearing; Village Council Meeting Minutes November 18, 1993 Page 9 2) Reviewed the mixed-use district Ordinance just previously discussed this evening; 3) Reviewed matters regarding the Florida Retirement System; and 4) considered the Ordinance amending the R-1A Zoning District. The Committee recommended Staff to proceed with one change to affect the vehicles and equipment, and to take a survey of citizen response (regarding garage sales) through the Village Newsletter. Vice Mayor Burckart moved to approve the Finance and Administration Committee Meeting Minutes of October 20, 1993 as submitted. Councilmember Schauer seconded the motion. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Liz Schauer - for Earl L. Collings - for Joseph N. Capretta - for the motion was therefore passed and adopted. B) Public Safety Committee Meeting; October 6, 1993. Village Manager Bradford gave a brief overview of the above-referenced meeting: The Committee reviewed the Code Enforcement procedures, discovering that approximately 95% of cases are solved before appearing before the Code Enforcement Board. The Committee made some recommendations regarding procedures which Staff was asked to look into: 1) reducing the time that a property owner would have to respond to a complaint (currently 15 days) possibly changed to 10 days; 2) a requirement for notification of mortgage holders of record, whenever a code complaint is not addressed by a property owner; 3) process for certain cases, (i.e., dealing with grass and weeds in excess of 12 inches) to not utilize the Code Enforcement Board in the beginning, but rather to utilize the powers of the Village to simply notify the property owner, give them time to abate, and if they fail to do so, the Village would proceed with correcting the problem and liening the property. If the lien becomes too great, the case would then be brought before the Code Enforcement Board to take whatever measures are necessary. Village Council Meeting Minutes November 18, 1993 Page 10 ------------------------------- Councilmember Collings moved to approve the Public Safety Committee Meeting Minutes of October 6, 1993 as submitted. Councilmember Schauer seconded the motion. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Liz Schauer - for Earl L. Collings - for Joseph N. Capretta - for the motion was therefore passed and adopted. VIII. NEW BUSINESS A) Resolution No. 3-93/94 - Providing for Amendments to the Village Budgets Adopted for the Fiscal Year Commencing October 1, 1993. (Staff Recommends Approval). ~~-- Village Manager Bradford explained that most of these amendments are to provide for a carryover for things that were ordered in the last fiscal year, but those supplies/services have not yet arrived, therefore the need to carry over the funds into this year's Budget. However, one amendment is in the Capital Improvement Fund, providing approximately $30,000 extra for the Tequesta Park improvements providing funding to meet the bids which came in. Attorney Randolph read Resolution No. 3-93/94 by Title: "A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, PROVIDING FOR AMENDMENTS TO THE VILLAGE BUDGETS ADOPTED FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 1993." Councilmember Collings moved to approve Resolution No. 3- 93/94. Councilmember Schauer seconded the motion. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Liz Schauer - for Earl L. Collings - for Joseph N. Capretta - for the motion was therefore passed and adopted. Village Council Meeting Minutes November 18, 1993 Page 11 ------------------------------- B) Resolution No.4-93/94 - Approving an Interlocal Agreement with Palm Beach County for Special Assistance Fire/Rescue Service and Authorizing the Mayor to Execute the Same on Behalf of the Village. (Staff Recommends Approval). Village Manager Bradford stated that Mayor Mackail and Tequesta Fire Chief Weinand attended a recent NAMAC meeting, also attended by Palm Beach County Commissioner Karen Marcus and Palm Beach County Fire Chief Brice. Discussed at this meeting was the subject of the proposed interlocal agreement for fire/rescue services between Palm Beach County and Tequesta. Palm Beach County is now agreeable and amenable to that Interlocal Agreement, with each paying for the service used on a monthly basis. Councilmember Schauer questioned the exorbitant charge of $22,000/hour for a Palm Beach County Fire/Rescue 3-person emergency dive team. Village Manager Bradford explained that the the Village has the option to use the Sheriff's Department dive team at no cost, and Village Attorney Randolph pointed out that the use of the Palm Beach County Fire Rescue Dive Team is not mandatory, but merely an option for Tequesta. Attorney Randolph read Resolution 4-93/94 by Title: "A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY AND THE VILLAGE OF TEQUESTA, PROVIDING SPECIAL ASSISTANCE FIRE-RESCUE SERVICES AND AUTHORIZING THE MAYOR TO EXECUTE THE SAME ON BEHALF OF THE VILLAGE." Vice Mayor Burckart moved to approve Resolution No. 4-93/94. Councilmember Capretta seconded the motion. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Liz Schauer - for Earl L. Collings - for Joseph N. Capretta - for the motion was therefore passed and adopted. C) Consideration of a Statement of Intent by the Village Council to Withdraw from the Florida Retirement System if the Legislature Amends the Statutes to Allow a One- Time Election for Cities to Withdraw for all Future Employees. (Staff Recommends Approval). Village Council Meeting Minutes November 18, 1993 Page 12 Village Manager Bradford explained that the Florida Retirement System (FRS) is a retirement system set up by the State to provide pension benefits for employees. In the mid-'70's it was amended to allow cities to join the system, at which time employees contributed to the Plan. Since that time, the State Legislature has removed that part of the Plan, now making it non-contributory - the municipalities and agencies now pay 100$ of the cost of the pension system. The FRS is an expensive system (almost 28% of salary, of which the municipality pays 100%). Florida League of Cities, every year, attempts to get legislation passed to allow municipalities to opt out of the FRS. Correspondence has been received from the Department of Management Services, requesting that municipalities interested in opting out of the FRS for future employees file a Statement of Intent. Village Staff recommends that the Village Council authorize the Mayor to sign the Statement of Intent to urge the State to allow municipalities to withdraw from the FRS for all future employees. Councilmember Schauer moved that the Village opt out of the FRS for all future employees if given the opportunity, that the Mayor be authorized to sign the Statement of Intent accordingly, and that the Village Manager respond to the Department of Management services regarding the Villages position on future employees in the FRS and the need to survey current employees. Councilmember Capretta seconded the motion. The vote on the motion was: Ron T. Mackail William E. Burckart Liz Schauer Earl L. Collings Joseph N. Capretta - for - for - for - for - for the motion was therefore passed and adopted. D) Consideration of Cost-Sharing Agreement with Consortium of Cities Led by City of Casselberry to Research the ~~Opt Out for New Employees~~ from the Florida Retirement System. (Staff Recommends Approval). Village Council Meeting Minutes November 18, 1993 Page 13 The Village Manager explained that the City of Casselberry has created an account to establish a legal fund to research and defray administrative expenses (legal) associated with possible litigation on the issue of how cities may opt-out new employees from the FRS. The initial contribution is $5000. This issue could become time-consuming and costly, with no guarantee of a satisfactory outcome. Two other cities have joined the Cost-Sharing Agreement with Casselberry. The Village Manager's recommendation to the Village Council is to not participate and, therefore, disapprove the Cost-Sharing Agreement. Attorney Randolph explained that the Florida League of Cities lobbys in Tallahassee for the municipalities. The Village Council agreed that Tequesta should disapprove the Cost-Sharing Agreement with the City of Casselberry. No motion was necessary. E) Consideration of Burt Reynolds Institute for Theater Training Request for Annual Village Financial Commitment of $5000 for Fiscal Year 1993-1994. (Staff Recommends ~.~_ Approval) . The Village received a letter from Richard A. Valentine, Executive Director of the Burt Reynolds Institute for Theatre Training (BRITT) requesting the Village to increase its annual financial commitment to BRITT to $5,000. A previous Resolution, adopted in 1991, expresses the Village's support to BRITT. The village Manager felt that $5,000 was a small price to pay for cultural support in Tequesta, and recommended that the Village Council authorize the contribution. Councilmember Schauer suggested that if the Village is going to support local cultural activities, a line item should appear in the Budget. Since he serves on the BRITT Board, Councilmember Collings disqualified himself from voting and discussion of this issue. Citizen John Giba agreed that the Village should support its local cultural activities, but cautioned against supporting one cultural entity and not another. He felt the Village may be creating a bad precedent by supporting a privately-owned organization. He agreed that support for cultural activities should appear as a line item in the Village Budget. Village Council Meeting Minutes ~,,.,< November 18, 1993 Page 14 ------------------------------- Vice Mayor Burckart moved that $5,000 be transferred from the Water Departments IIndesignated Fund Balance as a donation to BRITT. Councilmember Schauer seconded the motion. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Liz Schauer - for Earl L. Collings - for Joseph N. Capretta - for the motion was therefore passed and adopted. *F) Consideration of Bid Awards to the Following Persons/Firm submitting sealed Bids for Village Surplus Rolling Stock: 1) 1987 Ford Crown Victoria Police Car: VIN #2FABP72G8HX165224: Approved under the Consent Agenda. 2) 1990 Chevrolet Caprice Police Car: VIN #iG1BL547XLA133182 to Winners Motor Corporation for $1836: Approved under the Consent Agenda. G) Discussion of Implementing Flex-Time Policy to Allow Employees to Attend/Volunteer for Local School Functions Relative to Their Children. Village Manager Bradford stated there is concern about parental involvement in the educational system in general. Other governments have implemented flex-time policies wherein they allow certain employees off to attend school functions during the day, provided that the employee makes up the time within a reasonable period of time. village Council Meeting Minutes r. November 18, 1993 Page 15 ------------------------------- Councilmember Schauer moved to approve the employee flex-time policy for local school events. Vice Mayor Burckart seconded the motion. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Liz Schauer - for Earl L. Collings - for Joseph N. Capretta - for the motion was therefore passed and adopted. H) Consideration of Bid Award for Tequesta Park Improvements. (Staff Recommends Approval). 1) Pennock Field Ballfield Lights to American Lighting Maintenance of West Palm Beach, Florida, in the Amount of $119,950, Having an FY 94 Budget Allocation of $102,000. 2) Ballfields Irrigation System to Florida Design Irrigation, Lake Park, Florida, in the Amount of $70,572, Having an FY 94 Budget Allocation of $68,000, Subject to Prior Receipt of South Florida Water Management District Permit. Village Manager Bradford explained that this is the project for which Undesignated Fund Balance was used last year. There have been a number of permitting problems. The total of these items is $198,667. A previous Budget Amendment took care of the $30,952 shortage. In order to accomplish the above, the Village Manager recommends that the alternate bid for basketball courts lighting in the amount of $20,240 be rejected and reconsidered as part of the Capital Improvement Bond Fund. The permitting problem is with the South Florida Water Management District (SFWMD). Brett Nein of Gee & Jenson explained that they had argued the point of decreased allocation before SFWMD and asked for further investigation through modeling to allow for permitting. SFWMD was concerned regarding salt water intrusion and increase in chloride levels. It is possible that approval may be granted in December or January. Village Council Meeting Minutes November 18, 1993 Page 16 Village Manager Bradford asked if the irrigation contractor had been made aware of the condition the Village will place on the bid award. Brett Nein stated that the conditions were placed by Gee & Jenson in the instructions to bidders that they would not be given Notice to Proceed until the Permit was in hand. Vice Mayor Burckart moved to approve the above-referenced bid awards for Tequesta Park improvements. Councilmember Collings seconded the motion. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Liz Schauer - for Earl L. Collings - for Joseph N. Capretta - for the motion was therefore passed and adopted. I) Consideration of Establishment of Equity Commission in Order to Review and Recommend a New Occupational License Rate Structure for Tequesta, Pursuant to Recent State Legislation. (Staff Recommends Approval). Village Manager Bradford explained that the State has adopted new legislation this year which allows occupational license fees to be amended. No increase has been allowed in eleven years, despite increasing inflation. The new legislation requires the establishment of an Equity Study Commission in order to receive input from the business community,prior to adopting new occupational license fees. Therefore, Tequesta must establish an Equity Study Commission and appoint its members. Each member of the Study Commission must be a representative of the business community within Tequesta's jurisdiction. The Equity Study Commission shall recommend to the Village Council a classification system and a rate structure for Tequesta's occupational license taxes. This issue was reviewed by the Finance and Administration Committee on September 7, 1993 and the Committee agreed with the need to establish an Equity Study Commission in order to receive input from the business community. village Council Meeting Minutes November 18, 1993 Page 17 ------------------------------- Vice Mayor Burckart moved to approve the establishment of an Equity Study Commission. Councilmember Collings seconded the motion. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Liz Schauer - for Earl L. Collings - for Joseph N. Capretta - for the motion was therefore passed and adopted. IX. COMMUNICATIONS FROM CITIZENS A) Alec Cameron complimented the Village Council and the Administration on their excellent job on the Budget. B) Marion Pine requested the closing of Bridge Road on Sunday, 12/12/93 from Sun Bank and Barnett Bank west to Old °•~ Dixie Highway for the annual Christmas Fair/Parade. All business merchants on that route are amenable to the closing. Proceeds from this Fair are used for the School Band. Village Manager Bradford explained that since Tequesta is now a full-service municipality, the closing of that road from 8:00 a.m. -5:00 p.m. would impair fire/rescue response time. With the closing of the road, it would be necessary to pay four firefighters and six police officers overtime, in order to cover both sides of the Village. Councilmember Collings moved that Bridge Road be closed on that date to accommodate the annual Christmas Fair/Parade. Vice Mayor Burckart seconded the motion. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Liz Schauer - for Earl L. Collings - for Joseph N. Capretta - for the motion was therefore passed and adopted. Village Council Meeting Minutes November 18, 1993 Page 18 ------------------------------- Mayor Mackail passed the gavel and moved that the necessary funds needed to pay the officers and firefighters' overtime for the Christmas Fair/Parade be transferred from the Water Enterprise Fund. Councilmember Schauer seconded the motion. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Liz Schauer - for Earl L. Collings - for Joseph N. Capretta - for the motion was therefore passed and adopted. C) Bill Treaty stated that the property values on Country Club Drive are on a continual decline because of increasing traffic on that road. It was his suggestion that cost- sharing not be requested from Martin County and that Tequesta merely cut the road off at the Martin County line. Vice Mayor Burckart left the meeting at 9:15 p.m. D) Wilburt Siegel asked if a building permit had ever been granted for a dog house. Scott Ladd answered "no". Mr. Siegel then asked under what circumstances a variance is allowed. Attorney Randolph responded that variances come before the Board of Adjustment. All property owners within 300 feet are notified. E) Hattie Siegel stated that though she is aware Ordinances are necessary for control within a municipality, she felt Tequesta's Ordinances were overabundant, since they are now up to Ordinance No. 452. X. ANY OTHER MATTERS A) Councilmember Schauer presented a drawing of a proposed site plan (Scheme C-1) for Jupiter High School asking if the Village Council agreed in philosophy with such a plan. The Council felt that, in order to give a sensible approval, they would need to know the pros and cons of this plan, relative to previous plans. Mayor Mackail stated he would, however, attend the next School Board meeting in representation of the Village Council. village Council Meeting Minutes November 18, 1993 Page 19 Councilmember Schauer also reported that the contractor hired to do the Jupiter High School Roof has defaulted on his obligation. The School Board cannot legally remove this contractor from their bid list. The only way he can be removed is through legislative action. Councilmember Schauer asked that the Village Manager be authorized to contact the legislative delegation stating that if a contractor has proven negligent, as in this case, that the School Board have the right to remove him from the bid list. Village Manager Bradford stated that the School Board, as well, should be writing a similar letter. Councilmember Schauer commended Chief Weinand on his Fire/Rescue Report. Councilmember Schauer submitted to all Councilmembers for their review a copy of the Edison Project which was given at the North County Educational Committee Meeting. Councilmember Schauer stated that it was suggested that there .- should be a Committee Chairman for the Downtown Development area and recommended that Councilmember Joseph Capretta be nominated as that Chairman. B) Attorney Randolph reported that he had met at an appointed Court Hearing regarding Tequesta v. Siegel. Each side made their Opening Statements in preparation of going to trial. After discussions regarding settlement of the Case, the Judge proposed that the Case be settled in the following fashion: That Mr. and Mrs. Siegel would remove the bin which has been constructed, which was the subject of the Code Enforcement proceeding, and that they would also remove the contents of that bin. It was agreed by the Siegels that that would be done and that it would be accomplished no later than December 10, 1993. In exchange for that, the Village would remove the lien which has been imposed by the Code Enforcement Board and the Case would be dismissed. Attorney Randolph recommended that the Village Council accept this proposal. Councilmember Capretta moved that the Village Council approve the proposal as stated by Attorney Randolph. Councilmember Collings seconded the motion. The vote on the motion was: Ron T. Mackail - for Liz Schauer - for ~~,~ Earl L. Collings - for Joseph N. Capretta - for the motion was therefore passed and adopted. Village Council Meeting Minutes ~~~ November 18, 1993 Page 20 ------------------------------- X. ADJOURNMENT Councilmember Capretta moved that the meeting be adjourned. Councilmember Collings seconded the motion. The vote on the motion was: Ron T. Mackail - for Liz Schauer - for Earl L. Collings - for Joseph N. Capretta - for the motion was therefore passed and adopted and the meeting was adjourned at 9:50 P.M. Respectfully submitted, ,.~~- Fran Bitters Recording Secretary ATTEST: ann Manganie o Village Clerk DAT APPROVED: ~,iY9-~ -- ..~ FORM 86 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS NAME-FIRST NAME-MIDDLE NAME "r~C'G L~y~s L~/.~ ~ L L~f2~ ~ MAILING ADDRESS ~ Z T/~ ~f-0 cam- ~i ~ lv s Ci~rr< < ~ ~~ CITY COON"rY K'HIC'1~' TE OC'C'URRED ~'~/~ L`/~ C' NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE THE BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: '~ COUNTY '.OTHER LOCAL AGENCY NAME OF POLITICAL SUBDIVISION: MY POSIT"ION IS: 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 taw. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending I 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. ,~-.-.-~- ~- _~~.~3~9-3 T 7`'73 v~~ ~~ INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STS ~~-~~ G~~ 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. !n 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 Vl'HICH SHE 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. r • You should complete the form and file it within I S 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, ~ ~~ 1` c~~ ~~ ,hereby disclose that on .(~ fit/' / ~ . (q q3 lg (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 ~ ~ ~,~, ~.~-,+.~+-~7_- .r'~.. $Lcn - rna~, „~~y whom I am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: Date Filed /~ ~,_.0 `,~ ~~ . 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. r^ Cnou oo .n o~