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HomeMy WebLinkAboutMinutes_Regular_10/14/1993VILLAGE 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 LA G E C O U N C I L M E E T I N G M I N U T E S O C T O B E R 1 4 , 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, October 14, 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. Village Officials present were: Village Manager Thomas G. Bradford, and Village Clerk, Joann Manganiello. Department Heads and Village Attorney John C. Randolph were also in attendance. II. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Joseph N. Capretta 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 be held out for discussion under the Consent Agenda, Item V(C), the Village Manager's Report; and under Item IX, ANY OTHER MATTERS, to discuss a Jupiter High School issue. o Councilmember Collings asked to add an Item (4) under Agenda item VI (B) ; and asked to discuss Old Dixie Highway under Item IX, ANY OTHER MATTERS. o Mayor Mackail asked to discuss under Item IX, ANY OTHER MATTERS, the status of the Braves Stadium and the proposed Tequesta Branch Library. o Councilmember Capretta asked to discuss under Item IX, ANY OTHER MATTERS, the Code Enforcement Board. o Village Manager Bradford Item VII(A), after Section 18- 28(C), delete the (C). ~; . . ~...~ Recycled Paper village Council Meeting Minutes October 14, 1993 Page 2 ------------------------------- 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 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. 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, August 16, 1993 *B) Village Council Meeting, September 23, 1993 *C) Village Managers Report, September 20-October 8, 1993 Councilmember Collings stated he would like the Village Manager's Report held out for questions. Vice Mayor Burckart moved to approve the Consent 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. Village Council Meeting Minutes October 14, 1993 Page 3 o Councilmember Schauer stated, regarding the Village Manager's Report, item 12, page 2, which states "The Chief of Police expressed a need for enabling legislation relative to prohibiting basketball hoops within right- of-way", that a similar problem exists where she lives at Tequesta Pines. She asked if this would remedy the problem in that area as well. Chief of Police Roderick explained that that was the specific location from which the complaints were coming. The basketball hoops will be removed from the right-of-way, since it promotes a hazard. o Councilmember Collings suggested regarding items 3) "Inquired of the Fire Chief as to his plans for conducting fire inspections" and 10) "Requested the Fire Chief to begin thinking of a format for a weekly Fire/Rescue Report" of the Village Manager's Report, that as a matter of efficiency, the Village Manager should have given a deadline to these items, since they appear to be merely comments as opposed to directions given. Councilmember Collings moved to approve the Village Managers Report 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. VI. NEW BUSINESS A) Resolution No. 1-93/94 - Declaring Acquisition of Land for Water Utility Lines to be a Public Necessity; Authorizing the Employment of Necessary Experts; and Authorizing of Filing of Eminent Domain Proceedings. (Staff Recommends Approval). ,. Village Council Meeting Minutes ~.. October 14, 1993 Page 4 ------------------------------- Village Manager Bradford explained that this is the last link in the routing for the Well 25, 26 and 27 Project. It is a stretch of land on which ENCON has an easement, and who has already approved the Village using the southern half. The land is owned by Little Club Condominium Association. The Village has made contact with Little Club, but did not receive a formal response. It is therefore necessary for the Village to proceed with eminent domain authority. Mr. Bradford did state, however, that the President of Little Club Association is scheduled in the next few days to meet with Tom Hall, Manager of the Village Water Department. Councilmember Collings suggested that the Little Club Association and its members be made specifically aware of the Village's intent to exercise its authority of eminent domain. Attorney Randolph read Resolution No. 1-93/94 by Title: ~~A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, DECLARING ACQUISITION OF LAND FOR WATER UTILITY LINES TO BE A PUBLIC NECESSITY; AUTHORIZING THE EMPLOYMENT OF NECESSARY EXPERTS; AND AUTHORIZING THE FILING OF EMINENT DOMAIN PROCEEDINGS.~~ Councilmember Collings moved to approve Resolution No. 1- 93/94. 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. B) Consideration of Decisions Necessary for Village Participation in the Countywide Intergovernmental Coordination Program. (Staff Recommends Approval). On September 7, 1993, the Village Council adopted the Resolution approving the Village's participation in the Countywide Intergovernmental Coordination Program. The Village Council needs to take the three following actions. Village Council Meeting Minutes October 14, 1993 Page 5 1) Designation of Individual to File ~~Notice of Intent to Object~~. This is basically an administrative procedure. Whenever an applicable government, as designated by the Village, amends its Comprehensive Plan, those Comprehensive Plan amendments are automatically routed to the Village as part of the formal review process. The Village designee (Scott Ladd) would inform the Village Manager of these amendments, and if needed, the Village Manager would provide to the Clearinghouse Coordinator a Notice of Intent to Object. 2) Determination Pertaining to the Governing Body~s Role in Making a Formal Objection. After providing the above- referenced Notice of Intent, the Village Council would be apprised of the Comprehensive Plan amendments. The Village Council, if it concurs, would then make a formal objection to the Comp. Plan amendments of the other government. 3) Designation of Representatives to the Issues Forum. A Representative and Alternate Representative must be appointed to the multi-jurisdictional issues forum which would hear all of the conflicts and try to determine solutions. 4 ) Establish a Workshop to Cover all Conclusions in the Policy Statements of the North County Planning Forum. (Councilmember Collings suggested that this be added to this list of Council actions). Councilmember Collings moved that items i) and 2) of Agenda Item VI(B) be approved. 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 October 14, 1993 Page 6 ------------------------------- Vice Mayor Burckart moved that Joseph N. Capretta be appointed as Tequesta~s representative to the Issues Forum. 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. Councilmember Schauer moved that Earl L. Collings be appointe8 as the alternate representative to the Issues Forum. 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. C) Authorization to Replace Auxiliary Power Automatic Transfer Switch by J.H. Ham Engineering Inc. of Lakeland, Florida, in the Amount of $7,236, with Funding to be Provided From Water System Maintenance Account Having an FY 1994 Budget Allocation of $35,000. (Staff Recommends Approval). Village Manager Bradford explained that power failures have been taking place at the Water Plant. The automatic transfer switch is obsolete and must be either repaired or replaced. Staff recommends the switch be replaced with a new one putting in a new state-of-the-art equipment. Village Council Meeting Minutes October 14, 1993 Page 7 ------------------------------- Vice Mayor Burckart moved that the Staff be given authorization to replace the auxiliary power automatic transfer switch in the amount of $7,236. 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. D) Resolution No. 2-93/94 - Expressing the Village Councils Support for the Development of the Proposed Northern Palm Beach County Campus of Florida Atlantic University in the Area North of Donald Ross Road and West of Military Trail; and Urging the Governor and Cabinet, the Florida legislature, the Palm Beach County Legislative Delegation, the Board of Regents and the President of Florida Atlantic University to Support the New Campus in Northern Palm Beach County within the Town of Jupiter. (Staff Recommends Approval). The Town of Jupiter forwarded to Tequesta a copy of their Resolution in support of the FAU Campus on Donald Ross Road. Village Staff recommended the adoption of a similar resolution. Councilmember Collings called the Council's attention to the concern that there have been discussions by Jupiter and Juno commenting on the funding of the college, recommending that each surrounding municipality pay for part of the college's funding, but not for the Atlanta Braves. Mr. Collings suggested passing Resolution No. 2-93/94 this evening, but holding off any other discussions to a later date. Council concurred. Attorney Randolph read Resolution No. 2-93/94 by Title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, EBPRESSING THE VILLAGE COUNCILS SUPPORT FOR THE DEVELOPMENT OF THE PROPOSED NORTHERN PALM BEACH COUNTY CAMPUS OF FLORIDA ATLANTIC UNIVERSITY IN THE AREA NORTH OF DONALD ROSS ROAD AND WEST OF MILITARY TRAIL; AND URGING THE GOVERNOR AND CABINET, THE FLORIDA LEGISLATURE, THE PALM BEACH COUNTY LEGISLATIVE DELEGATION, THE BOARD OF REGENTS Village Council Meeting Minutes October 14, 1993 Page 8 ------------------------------- AND THE PRESIDENT OF FLORIDA ATLANTIC UNIVERSITY TO SUPPORT THE NEW CAMPUS IN NORTHERN PALM BEACH COUNTY WITHIN THE TOWN OF JUPITER. ~~ Councilmember Collings moved to approve Resolution No. 2- 93/94. 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. VII. UNFINISHED BUSINESS Win. A) Ordinance No. 463 - Second Reading - Amending Section 18- 28 Providing for User Charges and Fees for Residential Curbside Solid Waste and Recycling Collection Services. (Staff Recommends Approval). Attorney Randolph gave the Second Reading of Ordinance No. 463. Village Manager Bradford explained that Ordinance No. 463 reduces current total solid waste collection charges to Tequesta residents from $12.12 per month to $9.89 per month, and implements a franchise fee. Councilmember Schauer moved to approve the Second Reading of Ordinance No. 463. 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. Village Council Meeting Minutes October 14, 1993 Page 9 ------------------------------- VIII. COMMUNICATIONS FROM CITIZENS o Alfred DeMott stated that Florida Representative Tom Warner will be introducing a Bill to change the juvenile crime age from 18 years of age to 16 or 17 years of age, since that is the age group that makes up 75% of juvenile crime. Mr. DeMott asked the Village of Tequesta to be familiar with, and a Resolution in support of, the Bill. Mr. DeMott stated that the Jupiter/Tequesta school system is rapidly deteriorating and guns are now being brought into the Middle School. He asked that the Village Council assist in bringing this matter to the attention of the School Board and the Town of Jupiter. o Wilburt Siegel reported that there are unattended lots and even residences in Tequesta containing weeds and undergrowth and urged that the Code Enforcement Officer be more diligent in citing/notifying owners of such property. o Hattie Siegel questioned: 1) the purpose of approval of the Village Council Meeting Agenda; Village Manager Bradford explained that since he is the one who creates the Agenda, the Village Council, at meeting, may desire to add to or subtract from, according to their wishes. 2 ) whether a Resolution or Ordinance is voted on once the Agenda is approved; Village Manager Bradford stated that has happened before. 3) does the Council ever vote to take a court action merely at a citizens suggestion; Village Manager Bradford stated that, as he remembered, the court action being referred to was an Agenda item the evening the decision was made. 4) does the Council ever allow a citizen to speak more than three minutes if the issue is an important one; Mayor Mackail stated that the guideline is three minutes speaking time, but when necessary, allowance is made for a greater length of time. Village Council Meeting Minutes October 14, 1993 Page 10 o Dr. Stanley Jacobs asked to speak on several subjects: 1. Overgrown properties/Violation of Village Codes: Dr. Jacobs stated that 50 Golfview Drive is in a desperately overgrown situation. Mayor Mackail informed Dr. Jacobs that this case has been before the Code Enforcement Board and is scheduled to be brought into compliance by the Village within the next few days, the property owner will be billed, and a fine will be imposed. 2. Fire/Rescue: Dr. Jacobs commended the Village Manager and all those who made the Tequesta Fire/Rescue Department possible. Dr. Jacobs suggested that the lease for the fire/rescue building on Seabrook Road should now be severed without delay, and the building should be put to use for other Village activities. He further suggested that charges for fire/rescue should be taken out of the Village millage and set up as a separate fire taxing district, and that the Village should further investigate the ERU method. 3. Roads: Dr. Jacobs suggested that, with Tequesta Drive recently being paved, a long-range plan should be made to place a three-foot strip down each side of Tequesta Drive as well as Country Club Drive. Mayor Mackail pointed out that this issue will be discussed with Tequesta's joint meeting with Jupiter and Martin County scheduled for November. XII. ANY OTHER MATTERS o Councilmember Schauer reported that there is a rumor that the Palm Beach School Board has purchased property in the Jupiter Farms area where they plan to build a High School, which expenditure she finds upsetting, since so many repairs are needed at Jupiter High School. Mrs. Schauer presented to the Council a "Scheme "C" (proposed) Site Plan" for repairs at Jupiter High which does not include all repairs that are necessary. A presentation of this plan will take place before the School Board on Wednesday, October 20, and Councilmember Schauer urged the Village Council to be in attendance at that meeting. o Councilmember Collings stated that Palm Beach County objects to a right-hand-turn only from Tequesta Drive heading south on Old Dixie Highway. It was his suggestion that a sign be erected stating "Village Council suggests right-hand turn only." Village Council Meeting Minutes October 14, 1993 Page 11 Councilmember Capretta commended Lt. Nathanson for his fine letter commending the two officers who worked with him on a fire situation. He felt it was greater inter- departmental communication. o Councilmember Capretta asked regarding the status of the ENCON survey regarding low pressure sewer lines, (i.e., an agreement was reached that an outside study would be done to determine whether the septic tanks along the river were polluting the river). Village Manager Bradford stated that it was ENCON's suggestion at a meeting that the outside study be done, but there now appears to be a question about the understanding of that offer. Councilmember Capretta suggested that the Village Council some time in the future consider a Storm Water Utility as has Jupiter. Village Manager Bradford stated he would bring before the Public Works Committee both concerns that Councilmember Capretta has voiced. o Mayor Mackail asked for an update on the proposed Tequesta Branch Library. Village Manager Bradford stated that bids were to be opened in mid-October for the Regional facility in Palm Beach Gardens, with which Tequesta will be 'piggy-backed' as an alternate bid. He has recently been informed by Audrey Wolfe of the Palm Beach County Library System that there remains a number of questions with the architect and bid opening has been postponed and will call with information as soon as bids have been opened and tallied. Village Council ,.. Meeting Minutes October 14, 1993 Page 12 ------------------------------- X. ADJOURNMENT Councilmember Collings moved that the meeting be adjourned. 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 and the meeting was adjourned at 8:25 P.M. Respectfully submitted, QiYI Fran Bitters Recording Secretary ATTEST: oann Mangan' llo Village Clerk DATE APPROVED: ,~