HomeMy WebLinkAboutMinutes_Regular_08/30/1994VILLAGE 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
AUGUST 30, 1994
I. CALL TO ORDER AND ROLL CALL
The Tequesta Village Council held a regularly scheduled
meeting at the Village Hall, 357 Tequesta Drive, Tequesta,
Florida, on Tuesday, August 30, 1994. The meeting was
ca 11 ed to order at 7 : 2 8 P . M . by Mayor Ron T . Macka i 1. A
roll call was taken by Betty Laur, Recording Secretary.
Council members 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. APPROVAL OF AGENDA
Councilmember Collings moved that the Agenda be approved 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 and the Agenda
was approved as submitted.
Mayor Mackail inquired whether any of the Council members
would like to discuss items under Agenda Item IX, Any Other
Matters. The following items were submitted:
Councilmember Schauer:
• Constitution Park
• Interlocal Agreement with School Board
• Memo dated 7/28/94 from Village Manager Bradford to the
Village Council
~'`'"` Counci lmember Capretta
Rer-ucled saner
Village Council
Meeting Minutes
August 30, 1994
Page 2
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• Use of Auxiliary Police
Mayor Mackail:
• Juvenile Service Program
• Meeting with ENCON
Councilmember Collings moved that the above items be added
to the Agenda under Item IX, Any Other Matters.
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.
III. CONSENT AGENDA
All items listed with an asterisk (*) are considered to be
routine and will be enacted by one motion.
IV. APPROVAL OF MINUTES AND REPORTS
*A) Code Enforcement Board; June 7, 1994;
*B) Community Appearance Board; June 29, 1994;
*C) Community Appearance Board; July 6, 1994;
*D) Tree Board; April 7, 1994;
*E) Village Council Meeting; July 14, 1994;
*F) Special Village Council Meeting; July 28, 1994;
*G) Village Manager's Report; July 11 - August 26, 1994
Mayor Mackail read Consent Agenda items to be approved:
Item IV: A, B, C, D, E, F, G, Item VII: B, C and E.
Councilmember Schauer moved that the Consent Agenda be
approved as read by Mayor Mackail. 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
Village Council
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August 30, 1994
Paqe 3
The motion was therefore passed and adopted and the Consent
Agenda was approved as read.
V. COMMITTEE REPORTS
A) Public Works Committee; July li, 1994:
Village Manager Bradford reported the Public Works
Committee members, Mr. Collings and Ms. Schauer,
reviewed tentative design proposals for the Country
Club Drive landscaping median and entrance signs at
the Martin County border, curb radius changes at the
intersection of Tequesta Drive and Country Club Drive,
and made changes based on input from residents, which
were subsequently approved by Village Council.
Village Engineer Richard Staudinger reported that the
asphalt overlay work on Country Club Drive was
scheduled for September 15 and 16, and lighting,
landscaping, and striping were anticipated to be
completed mid October.
B) Redevelopment Committee; July 22, 1994:
Village Manager Bradford reported Mr. Benjamin as
representative of the Christopher's Village Foundation
urged the committee to recommend to the Council the
institution of a Community Redevelopment Agency.
Discussion included pros and cons of tax increment
financing and feasibility of cost estimates of the CVF
proposal. Mr. Capretta summarized the alternatives--
to accept Mr. Benjamin's plan, to go with another
developer like Mr.. DiVosta who wants to be left alone
to build downtown, or to go with Mr. Van Brock who
would build a more traditional development. The
committee recommended to the Council that September 22
be the deadline for determining the location of the
North County Branch Library. No recommendation was
given on the establishment of a CRA.
Mr. Capretta commented that since many decisions
needed to be made that were interactive, the first
step should be to collect all the data to be
considered by the Redevelopment Committee at a meeting
later in September in order to make a recommendation
to the Village Council. Mr. Bradford observed that
Village Council
Meeting Minutes
August 30, 1994
Page 4
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December 1 was the deadline date set by the County for
a decision on the library location, and the September
22 deadline should give ample time for requirements to
be met.
Public Safety Committee; July 27, 1994:
Village Manager Bradford reported the committee
recommended that the Village help Jupiter in exploring
their Fire-Rescue options, possibly to form a joint
service with Palm Beach Gardens, or ideally a North
County regional service. Village Manager Bradford
commented that at the committee's direction he had met
with Jupiter Hospital and with North County Ambulance
Service and they had stated they would loan ambulances
to the Village until they could secure their own,
which Mr. Bradford would seek to get in writing. Mr.
Bradford stated upon approval by the Council he would
carry out the committee's direction that he write a
letter to Mr. Brice requesting that he vacate Station
11 and seek to obtain a date of release in writing.
Vice Mayor Burckart observed since Jupiter Hospital
had picked up North County for nothing that Tequesta
might do the same.
Also discussed were the ramifications of Palm Beach
County assumption of ALS transport, one of which was
the necessity that Tequesta apply for a CON license to
protect the Village in the event that the County would
assume transport and that North County Ambulance would
go out of business. Fire Chief Weinand reported he
could file that application upon Council approval of
this report.
The committee had discussed the Park Walk and Talk
program and had directed Police Chief Roderick that
officers were to have more contact with Tequesta
residents by getting out of their vehicles to talk
with the residents. The committee had also requested
that Chief Roderick look into an Explorer program to
co-mingle with a Care program as implemented in
Lantana. The committee reviewed the reserve officer
program implemented by the Police Chief; decided not
to obtain stationary radar for Country Club Drive;
recommended the Tequesta thru truck ordinance be
modified to make more specific where delivery of goods
Village Council
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August 30, 1994
Page 5
can occur whereby truck drivers can continue to use
Country Club Drive; rejected the Smart Trailer Speed
Indicator; recommended purchase of traffic counter
cards to collect traffic data; rejected an offer from
a cellular telephone company to construct a 160' to
220' high tower on Tequesta property on which the
Village would be able to place their antenna; and
looked at the three-tier approach to a Martin County
request for mutual aid relative to police services
with the recommendation that a proposal be submitted
to Martin County covering 24 hours per day service to
Turtle Creek and another proposal covering 2 shifts
per day for Turtle Creek and calculate whether Martin
County's Turtle Creek tax base would be able to cover
four extra people for 24-hour police coverage in
Turtle Creek.
Councilmember Capretta requested that the Police Chief
form and implement plans to utilize the auxiliary
police in assignments such as traffic control on
Country Club Drive rather than only as a backup to the
regular police force, and to report on those plans at
the next Public Safety Committee meeting.
Councilmember Collings moved that the three committee
reports referenced above be approved. 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. DEVELOPMENT MATTERS
A) Sketch Plan Review for "Coconut Cove°, a Proposed 13-
Lot Residential Subdivision East of Chevron and South
of Waterway Village. Applicant Gordon Ripma,
President, Florida Trend Development Corporation.
Scott D. Ladd, Building Official, stated the
applicant, Mr. Ripma, had proposed a new 13-lot
Village Council
Meeting Minutes
August 30, 1994
Page 6
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residential subdivision to be called Coconut Cove
located within Tequesta east of Chevron and south of
Waterway Village, and bordered by the Coast Guard
property on the south; and was present for the Sketch
Plan Review, which was the first step in the
subdivision review process. Mr. Ladd explained that
waivers under the subdivision regulations to the
standard 60-foot road right-of-way and to cul-de-sac
length were requested which would require Council
approval, and that the applicant did have a deeded
access from Chevron allowing for a modified opening.
Mr. Ripma's intent was to dedicate the road to the
Village. Mr. Ladd explained that there were stated
variances on the plans that would fall under the
jurisdiction of the Board of Adjustment if Mr. Ripma
chose to use different setbacks or building heights.
The applicant had also provided an 11-lot layout for
discussion purposes.
At the request of Mayor Mackail, Building Official
Ladd explained the two requested waivers. The first
waiver was to allow a total 35-foot road right-of-way,
of which 20 feet would be paved and 15 feet would
accommodate utilities and a 5-foot wide sidewalk. The
second waiver requested was that the cul-de-sac be 850
feet in length, rather than the 400 feet allowed by
code. Because of this, review by service providers
had been requested earlier than normal in the approval
process to be sure that emergency and service vehicles
would have no problems with the requested footages.
Mr. Ripma addressed the Council and explained he had
presented two different sketch plans since he did not
yet know the market for the lots. The 13-lot plan
would have 11 dry lots and two 75-foot wide lots on
the water, and the 11-lot plan would have 9 dry lots
and two staggered lots on the water. Mr. Ripma hoped
to gain approval for both plans knowing he could plat
only one, and to be able to determine the market and
decide which plan to use after sketch plan approval by
the Village Council. In response to Mr. Collings, Mr.
Ripma explained that although he hoped to be the
builder for homes on these lots that purchasers would
be free to choose any builder, and anticipated the
value of the finished product to be $250,000+.
Councilmember Schauer commented she liked the concept
Village Council
Meeting Minutes
August 30, 1994
Page 7
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of quarterly assessments and the fact that an
architectural control committee would be in place
after the development was finished. In response to
Mr. Collings question regarding drainage, Mr. Ripma
responded that all of the run-off from the road and
the roofs of the houses must be contained and that a
preliminary study had been done showing that this was
possible. Village Attorney Randolph received
clarification from Building Official Ladd that
variances that might be requested from the Board of
Adjustment were not subject to this sketch plan
approval. Vice Mayor Burckart stated his opposition
to the road right-of-way being less than 50 feet, and
suggested 80' x 100' lots to accomplish a 50-foot
right-of-way with 24 feet paved; and voiced concern
over the drainage and environmental impact. Building
Official Ladd responded that an environmental study
would be done as well as a complete review by the
Village Engineer of the infrastructure paving,
drainage, and on-site retention since these were
required for the Preliminary Plat Review. Village
Manager Bradford voiced concern that 20 feet of paved
area might not meet FDOT requirements. Mr. Ripma
clarified that the paved area would be maintained by
the Village and the additional portions of the right-
of-way would be maintained by the association. Mr.
Ripma explained to Mr. Bradford that the
ingress/egress easement from Chevron was needed since
the existing 32.80-foot opening onto Cove Road was too
small, therefore Chevron would dedicate a 35-foot
radius off of their property's northeast corner which
would allow a 67.80-foot right-of-way going into the
property. Rather than have the paved right-of-way
that was dedicated to the Village crossing over an
easement, Village Manager Bradford questioned whether
there would be a way to have all of the paved area on
land owned by the applicant so that this, at a
minimum, could be dedicated to the Village in order to
avoid any future problems, and Mr. Ripma agreed that
could be done. Councilmember Schauer verified with
Fire Chief Weinand that the 13-lot plan would provide
room for emergency vehicles however the 11-lot plan
might not. In response to Mayor Mackail's concern
that the paved right-of-way should be more than 20
feet, Building Official Ladd responded that the
benefit to the Village of granting a 35-foot right-of-
Village Council
Meeting Minutes
August 30, 1994
Page 8
-------------------------------
way with the applicant maintaining both sides
including the wall and landscaping, the unique entry
feature, the landscaping in the cul-de-sac, and the
Village maintaining only the paved area, would be a
tremendous tax base on the larger lots, and requiring
more footage for road would decrease that tax base.
Mayor Mackail stated it was his understanding that
only way for a homeowners association to work within
the law was to have the owners of the property sign
the covenants when they purchase the property, which
Mr. Ripma agreed to do. Building Official Ladd stated
all concerns expressed would be addressed in the
Developer's Agreement.
Councilmember Capretta reminded the Council that small
pockets of land within the Village have been sitting
idle for many years and producing no income, and
expressed his position that cooperation with a
developer with a unique application should be
encouraged rather than trying to standardize the
project which might make a project economically
unfeasible for the developer. Village Manager
Bradford informed Mr. Ripma that the City Engineer had
stated his organization would not approve the use of
pervious concrete, to which Mr. Ripma replied that
drainage could be accomplished without its use. Vice
Mayor Burckart stated he still felt strongly that a
50-ft. right-of-way was needed and that 'the entrance
should be dedicated with the right-of-way.
Councilmember Collings made a motion to approve the Coconut
Cove Sketch Plan Review for the 13-lot plan. Motion was
seconded by Councilmember Capretta. Village Attorney
Randolph asked for clarification whether the motion took
care of the entrance to make sure that there is enough
roadway dedicated to the Village at the entrance.
Councilmember Collings stated he would include that in his
motion. Councilmember Capretta stated his second still
stood. The Mayor called for the vote.
Councilmember Schauer asked for clarification of the motion.
Village Attorney Randolph stated, °You are voting on only
one of the proposals and that is the 13-lot proposal, and
there was a concern expressed by the Village Manager over
the Village accepting a plat the entrance over which the
Village Council
Meeting Minutes
August 30, 1994
Page 9
Village doesn't have control because it was going to be an
easement from Chevron. So, it is going to be approved,
subject however, to that entranceway being dedicated to the
Village, to the public.°
In response to Building Official Ladd's request for
clarification for Mr. Ripma, Village Manager Bradford stated
that the minimum requirement at the entrance would be that
the land upon which the pavement sits would be owned by the
applicant and dedicated to the Village of Tequesta.
Dottie Campbell asked what the current minimum roadway
requirement was to which Building Official Ladd responded
that it was now 60 feet, however the amended Comprehensive
Plan would change it to 40 feet. Village Manager Bradford
clarified that the paved surface would be asphalt.
The vote on the motion was:
Ron T. Mackail - for
William E. Burckart - for
Elizabeth A. Schauer - for
Earl L. Collings - for
Joseph N. Capretta - for
The motion was therefore passed and adopted.
B) Final Plat Review and Approval for Armour Manor, a 10-
lot Multi-Family Townhome Project, 479 Tequesta Drive.
Applicants Eddie and Monica Armour, Armour Builders.
Building Official Ladd explained the applicants had
elected to plan ten fee simple lots upon which ten
townhomes would sit, with various parcels around those
lots which would be common areas owned by all ten
owners such as the pool area, landscaped areas, sign
areas, dumpster areas, driveways, etc. Because more
than three lots were being created per Village
regulations, the Village requested they plat ten fee
simple lots. Councilmember Schauer commented the last
time Mr. Armour appeared before the Council she had
requested he approach his neighbors across the street
to hook up to Village sewer and water which he had
done, and therefore extended her compliments.
Motion was made by Councilmember Schauer to approve
Village Council
Meeting Minutes
August 30, 1994
Page 10
-------------------------------
the Final Plat Review for
seconded by Councilmember
motion was:
Ron T. Mackail
William E. Burckart
Elizabeth A. Schauer
Earl L. Collings
Joseph N. Capretta
Armour Manor. Motion was
Collings. The vote on the
- for
- for
- for
- for
- for
The motion was therefore passed and adopted.
VII. NEW BUSINESS
A) Resolution No. 22-93/94 - Proposing to Transmit to the
State of Florida Department of Community Affairs, an
Amendment to the Comprehensive Plan Adopted October
12, 1989, as Amended, Authorizing the Village Manager
to Transmit the Plan Amendment to the Department of
Community Affairs for Review Pursuant to Chapter 163,
Florida Statutes. (Staff recommends approval).
Village Attorney Randolph explained that since action
on this resolution was not appropriate until after the
second Public Hearing, his recommendation was that at
this meeting a motion be made to approve the
recommendation made by the Local Planning Agency.
Motion was made by Councilmember Collings to approve the
recommendation made by the Local Planning Agency to transmit
and to set the next Public Hearing for September 22, 994.
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.
*B) Consideration of Bid Award to the Following
Persons/Firms Submitting Sealed Bids for Village
Surplus Rolling Stock:
Village Council
Meeting Minutes
August 30, 1994
Page ll
-------------------------------
1) 1988 Ford Crown Victoria 4-door, VIN
#2FABP72GXJX163318, to Fredrick Hahn, "Mag
Auto Corporation° for $850.
2) 1988 Ford Crown Victoria 4-door,
VIN#2FABP72G8JX163317, to Geubert Oliveira,
°Garra Trading, Inc." for $751.
3) 1991 Ford Crown Victoria 4-door,
VIN#2FACP72G5MX175630, to Marvin Crook for
$1500. (Staff Recommends Approval)
(Approved under Consent Agenda)
*C) Consideration of Approval for Pantropic Power of West
Palm Beach, Florida, to Make Necessary Repairs to the
Water Treatment Plant Emergency Generator in the
Amount of $8,472.94, with Funding to be Provided from
the Water Enterprise Fund System Maintenance Fund,
Having an FY 1994 Budget Allocation of $11,146.
(Staff Recommends Approval)
(Approved under Consent Agenda)
D) Review of Landscaping Plans and Consideration of
Proposal Award for the Country Club Drive Median
Island Landscaping Project to Aerotree Landscape
~o~nt~actors, Boynton Beach, Florida, in the Amount of
'~~ ~`r~~r" 5,748 Brett Nein, ASLA, Gee & Jenson. (Staff
Recommends Approval)
City Engineer Richard Staudinger presented graphics
depicting the landscaping and walls, and recommended
award to Aerotree Landscape Contractors.
Motion was made by Councilmember Collings to approve
landscaping award for the Country Club Drive Median Island
to Aerotree Landscape Contractors in the amount of 5, 748 ~'6`~, 754P'
Councilmember Schauer seconded the motion. The vote e
motion was: ~'
Ron T. Mackail - for
William E. Burckart - for
Elizabeth A. Schauer - for
Earl L. Collings - for
Joseph N. Capretta - for
The motion was therefore passed and adopted.
*E) Consideration of Authorization for Staff to Purchase
Village Council
Meeting Minutes
August 30, 1994
Page 12
a 61° Scag Super Z, Model #SSZ-22CV-61, Riding Mower
from Lawnmower Headquarters of Jupiter, Inc., Jupiter,
Florida, for the Recreation Department in the Amount
of $6080 with Funding from the FY 93/94 Recreation
Department Budget. (Staff Recommends Approval)
(Approved under Consent Agenda)
F) Resolution No. 23-93/94 - Approving an Interlocal
Agreement for Municipal Recycling and Grant Management
Between the Solid Waste Authority of Palm Beach County
and the Village of Tequesta. (Staff Recommends
Approval)
Village Attorney read by title only the above
referenced Resolution No. 23-93/94.
In response to Village Manager Bradford, Village Clerk
Joann Manganiello responded that SWA wanted the
recycling program revised in order to combine the
grant management agreement which was due to expire and
the agreement to assure that recyclables would
continue to be sent to them. Village Clerk
Manganiello explained that this year the Village still
received money from SWA, however, in 1996-97 that
money will go to the County only.
Motion was made by Councilmen
above referenced Resolution
Capretta seconded the motion.
stated for the record that the
and referred to as Resolution
motion was:
fiber Schauer to approve the
23-93/94. Councilmember
Village Manager Bradford
Resolution would be amended
22-93/94. 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.
G) Consideration of Authorizing the Village Manager to
Execute a Change Order to Johnson-Davis, Inc. for the
Well 25 & Pipeline Project for the Installation of
700' of 8° Water Main in the Amount of $11,350.
Funding to be Provided from the Water Department
Village Council
Meeting Minutes
August 30, 1994
Page 13
Capital Improvement Fund, Well 25 & Pipeline project,
Having a Fund Balance of $80,853. (Staff Recommends
Approval)
Water Department Director Tom Hall responded to
Councilmember Collings that this change order would
eliminate a dead end.
Vice Mayor Burckart made a motion to approve the above
referenced Change Order in the amount of $11,350.
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.
VIII. UNFINISHED BUSINESS
Aj Ordinance - Fourth Reading - Creating a Village Code
Chapter to be Entitled Impact Fees; Levying Impact
Fees for Fire-Rescue Services on New Construction
within the Village; Stating the Applicability of Such
Fees to All New Construction Subject to Certain
Exceptions; Providing for Determination and Review of
Impact Fee Amounts Every Other Year and for
Adjustments Based on Cost Increases; Establishing a
Schedule for Impact Fees; Providing for Payment of
Such Fees Unless an In Kind contribution is Accepted
by the Village Council; Creating Capital Expansion
Trust Funds for Fire-Rescue Services; Requiring
Deposit of Impact Fees in the Appropriate Trust Fund;
Limiting the Use of Amounts in Such Trust Fund;
Requiring the Use of Amounts in Such Trust Fund;
Requiring the Preparation and Maintenance of the
Capital expansion Plan for the Trust Fund;
Establishing Time for Payment of Such Fees;
Prohibiting Issuance of Building Permits without
Payment of All Fees; Providing for Severability;
Providing for Repeal of Ordinances in Conflict;
Providing for Codification; Providing an Effective
Village Council
.~T Meeting Minutes
August 30, 1994
Page 14
Date. (Staff Recommends Approval)
Village Attorney Randolph read by title only on fourth
reading the above referenced Ordinance.
Fire Chief Weinand explained since Tequesta's data did not
list separately attached and detatched single family
residences that an average had been arrived at for the two,
and the same was true for commercial space--office and
retail, and that all fees were comparable to fees charged by
the County.
Councilmember Collings made a motion to approve the above
referenced Ordinance on fourth reading. 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.
IX. ANY OTHER MATTERS
Councilmember Schauer questioned when the land could be
cleared at Constitution Park. Village Attorney Randolph
stated when the Summary Judgement was signed that the
Village could go forward, however, suggested that the
Village wait 30 days which was the time period during which
an appeal could be filed.
In response to Councilmember Schauer's concern that the
ordinance in regard to the interlocal agreement with the
Palm Beach County School Board was not adhered to and her
reference to Jupiter's specific requirements pertaining to
integration within new developments, Village Manager
Bradford explained that Tequesta had chosen to not mandate
by ordinance form a Developer's Agreement that would mandate
racial quotas within a development, but to consider each on
a case-by-case basis. As an example, he explained that
when the Developer's Agreement comes forward for tonight's
applicant, Coconut Cove, that would be the time to make a
case that quotas be established for that project, if
desired. Village Manager Bradford stated the ordinance
Village Council
~~~.- Meeting Minutes
August 30, 1994
Page 15
amended a previous ordinance pertaining to Developer's
Agreements, giving the Council the right to mandate a
Developer's Agreement. Councilmember Schauer questioned who
would enforce the Developer's Agreement. Village Manager
Bradford explained that Building Official Ladd would suggest
minimum parameters and when the matter came before the
Council that Councilmembers could make changes, and that the
Building Official might be the person to monitor whether the
Developer's Agreement was followed. Village Clerk
Manganiello commented she had received a phone call from a
staff member of Palm Beach County Planning and Zoning who
stated that Palm Beach County was reluctant to go into an
agreement as comprehensive as Jupiter's agreement.
Councilmember Schauer requested a copy of Chapter 163 and
189 of the Florida Statutes from Village Manager Bradford as
referenced in his memo to the Village Council. Village
Manager Bradford explained his statement in the memo that a
CRA would rob Tequesta's General Fund of badly needed future
revenues that the CRA would receive tax revenues above the
current tax revenue generated within the boundaries of the
CRA, which he believed was the number one pitfall of a CRA.
Another pitfall would be overextending in bonding and debt
to pay for the improvements within the CRA master plan. A
special improvement district could be a Neighborhood Special
District which would have the power of eminent domain as
long as their charter specified this power, and would have
the power to impose two additional mills of taxation for the
area defined which would have to be approved by the property
owners within the district. Both types of districts have
the power to purchase land. Mayor Mackail observed that the
Council needed to clearly understand and define the
mechanisms and pitfalls of a CRA and to identify the options
available to develop the downtown land.
Mayor Mackail reported on July 28 the Council had instructed
him to write a letter to Mr. Thompson of ENCON stating that
the Village would participate in their septic tank study
under certain conditions. Mr. Thompson's reply stated ENCON
could not accept Tequesta's conditions. Mayor Mackail
stated he attended the next meeting of ENCON and requested
postponement of two items on their meeting agenda, which
since they did not postpone Tequesta would not participate
in the study.
Mayor Mackail recalled that several months ago the Council
Village Council
Meeting Minutes
August 30, 1994
Page 16
had voted in favor of a Juvenile Service Program. A letter
had been received from the Community Counselor requesting
space to hold a weekly meeting for an adolescent group. It
was the consensus of the Village Council to donate the
Village Hall for one session per week.
X. COMMUNICATION FROM CITIZENS
Alfred DeMott, 189 Golfview Drive, he had also attended the
ENCON meeting and felt the ENCON board had insulted
Tequesta's Mayor in denying the requested two-week
postponement. The committee that had been studying the
matter under the leadership of Village Manager Bradford
would not continue work until the Village Manager returned
from his vacation, which the ENCON board could not
understand, and the media had reported that Tequesta was
uncooperative. Mr. DeMott stated the committee was very
anxious to begin work and requested direction from the
Council.
Wade Griest, 494 S. Dover Road, commended Fire Chief Weinand
for an excellent demonstration last Saturday. Mayor Mackail
announced that Chief Weinand is this year's President of the
NAMAC organization and thanked him for his good work.
Bill Shannon, 46 Chestnut, on behalf of the President of the
Civic Association, commended the Council on placing the
library as a number one priority, and urged the Council to
adhere to their September 22 deadline. Mr. Shannon also
urged the Council to prepare for the eventuality that there
would be no appeal to the summary judgement for Constitution
Park by getting ready for the permitting process since
environmental regulations are constantly changing and land
that can be built on one day cannot be developed the next,
and permits in place could help. Councilmember Capretta
stated one acre had been donated by the Doerner Trust and
the Council needed to see that deed.
Joe Benjamin stated the land was only being donated if Mr.
Van Brock was allowed to build the library.
Stanley Legner, 123 Country Club Drive, commented he had
verified with the Police Chief and with the Traffic Division
at the North County Courthouse that Tequesta receives money
from fines, therefore more tickets should be issued.
~" Village Council
Meeting Minutes
August 30, 1994
Page 17
-------------------------------
XI. ADJOURNMENT
Councilmember Collings moved that the meeting be adjourned.
Village Manager Burckart seconded the motion. The vote on
the motion was:
Ron T. Mackail - for
Elizabeth A. Schauer - for
Earl L. Collings - for
the motion was therefore passed and adopted and the meeting
was adjourned at 9:07 P.M.
w
ATTEST:
J nn Mangan' llo
Village Clerk
DATE APPROVED:
i 99s~
Respectfully submi ted,
~~~
Betty Laur
Recording Secretary
O