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).
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Recycled Paper
village Council
Meeting Minutes
October 14, 1993
Page 2
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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).
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Village Council
Meeting Minutes
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October 14, 1993
Page 4
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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
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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
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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
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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
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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
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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:
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