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HomeMy WebLinkAboutMinutes_Regular_11/12/1992VILLAGE OF TEQUESTA Post Office Box 3273 357 Tequesta Drive Tequesta, Florida 33469-0273 • (407) 575-6200 Fax: (407) 575-6203 V I L LAG E O F T E Q U E S T A V I L LAG 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 2, 1 9 9 2 I. The Tequesta Village Council held a regularly scheduled meeting at the Village Hall, 357 Tequesta Drive, Tequesta, Florida, on Thursday, November 12, 1992. The meeting was called to order at 7:00 P.M. by Mayor Earl L. Collings. A roll call was taken by the Recording Secretary, Fran Bitters. Councilmembers present were: Mayor Earl L. Collings, Vice Mayor Edward C. Howell, Ron T. Mackail and William E. Burckart. Village Officials present were: Village Manager Thomas G. Bradford, and Joann Manganiello, Village Clerk. Department Heads and Village Attorney John C. Randolph were also in attendance. II. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember William E. Burckart gave the Invocation and led those in attendance to the Pledge of Allegiance to the American Flag. III. APPROVAL OF AGENDA Village Manager Bradford asked to: 1) seek Village Council direction on an item for discussion to be added as Item VI(B)(7), regarding Beach Road Association; 2) add under Item VII an item regarding JTJC and the Village's appointee, Elizabeth Anderson; 3) add under ANY OTHER MATTERS an issue from Councilmember Capretta regarding the Jupiter Inlet District and Jupiter Inlet Colony regarding the proposed County dredging; and 4) under Item VI(A) discuss the possibility of changing the December Village Council meeting date based on the decision Council makes on Item VI(A). C Recycled Paper ,,,,,~ Village Council Meeting Minutes November 12, 1992 Page 2 ------------------------------- Councilmember Mackail moved to approve the Agenda as amended. Councilmember Burckart seconded the motion. The vote on the motion was: Earl L. Collings - for Ron T. Mackail - for Edward C. Howell - for William E. Burckart - 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, July 20, 1992; *B) Code Enforcement Board, September 8, 1992; *C) Community Appearance Board, September 23, 1992; *D) Community Appearance Board, September 30, 1992; *E) North County Education Committee, August 25, 1992; *F) North County Education Committee, September 29, 1992; *G) Historical Commission, September 15, 1992; *H) Historical Commission, October 8, 1992; *I) Village Council Meeting, October 8, 1992; *J) Village Council Workshop Meeting, October 8, 1992; *R) Village Managers Report, October 5 - November 6, 1992. Mayor Collings asked to hold out for discussion Item X(A). Councilmember Burckart moved to approve the Consent Agenda as amended. Councilmember Mackail seconded the motion. The vote on the motion was: Earl L. Collings - for Ron T. Mackail - for Edward C. Howell - for William E. Burckart - for the motion was therefore passed and adopted and the Consent Agenda was approved as amended. Village Council Meeting Minutes November 12, 1992 Page 3 VI. COMMITTEE REPORTS A) Report from Village Council Liaison to the Downtown Task Force, Mayor Earl L. Collings. i) Downtown Task Force, September 15, 1992. 2) Downtown Task Force, October 2, 1992. 3) Downtown Task Force, October 7, 1992. 4) Downtown Task Force, October 28, 1992. Mayor Collings informed those in attendance that they should be made aware and should be pleased that there are two developers who have proposed two separate projects, which do interface, that take all the property south of Village Boulevard to Tequesta Drive (with the exception of the small piece of property between the Post Office and Alex Webster's Restaurant). These two projects, having been evaluated by the Task Force, are presently being submitted for approval. The two projects are a combination of residences and mixed uses. 5) Village Council Direction Regarding Task Force Recommended Staff Activities to Amend the Planned Unit Development Ordinance(s) of Tequesta. Village Manager Bradford explained that the Task Force felt it would be advisable for Village Staff to recommend the amendment of the PUD Ordinances to help contemplated development (particularly in the Lighthouse Plaza area) to be accommodated more quickly, as opposed to going through the Incremental Growth District (IGD) Ordinance. This route would appear to be the quickest route in order to allow project plans to become finalized, thereby allowing a Developer to proceed. Village Council direction is sought. Councilmember Burckart moved to proceed with amending the PUD Ordinances, and the bringing of the Ordinances back to the Village Council for approval. Vice Mayor Howell seconded the motion. The vote on the motion was: Earl L. Collings - for Ron T. Mackail - for Edward C. Howell - for William E. Burckart - for the motion was therefore passed and adopted. Village Council ,, Meeting Minutes November 12, 1992 Page 4 ------------------------------- o Village Manager Bradford explained that after Village Council's last Workshop Meeting wherein several Village Ordinance amendments were reviewed, meetings were scheduled in December to adopt those changes. Mr. Bradford suggested that approximately $3,500 could be saved by combining Zoning Ordinance changes that may come out of the PUD amendments along with the Ordinance amendments reviewed at the Village Workshop, having one meeting on December 10, 1992 instead of the originally scheduled two meetings. Public Hearings for Zoning Ordinance Amemdments could occur after the PUD Ordinances are revised and acceptable to the Village Council. Council concurred. o Village Manager Bradford sought Village Council direction regarding a request received by him from Beach Road Association to present to the Association at the JIB Club a report on fire/rescue. Council concurred that since this was a citizen's request, it would be permissible. B) Report from Village Council Liaison to the Tequesta Fire/Rescue Task Force, Councilmember Ron T. Mackail. 1) Fire/Rescue Task Force, September 29, 1992; An organizational meeting with appointed Task Force Members holding election of Chairman and Vice Chairman. It was decided the meetings would take place at 4:30 p.m. on Wednesdays unless further discussed by the Task Force; Review of fire/rescue services and alternatives available were discussed, with consideration to recommend to Village Council termination of lease with Station 11. 2) Fire/Rescue Task Force, October 7, 1992; Identification of specific areas for study to determine feasibility of independent fire/rescue. A presentation by Wackenhut regarding privatization of fire rescue services and a presentation by Palm Beach Gardens Fire/Rescue Department for contracted services took place at this meeting. 3) Fire/Rescue Task Force, October 14, 1992; There took place a discussion of alternatives and options regarding EMS - 1) independent Tequesta fire station, including paramedics; 2) use contracted North County Ambulance; or 3) contracting with an outside provider. Palm Beach County Fire Rescue made a presentation at this meeting regarding fire/rescue operations, its costs regarding Tequesta's Station 11, and the number of manpower used. Jupiter Hospital made a presentation regarding the takeover of North County Ambulance. ,-~~ village Council ,,,,. Meeting Minutes November 12, 1992 Page 5 ------------------------------- The Task Force moved once again to recommend to Village Council to send notification to Palm Beach County regarding termination of the lease of Station 11. 4) Fire/Rescue Task Force, October 21, 1992; There took place at this meeting a discussion regarding level of service for Tequesta Fire/Rescue for the purpose of developing an RFP from service providers. 5) Fire/Rescue Task Force, October 28, 1992; The Task Force determined not to seek bids from outside services from a private corporation. Village Manager Bradford gave a review of cost estimates for the provision of a Tequesta Fire/Rescue Department, which clearly showed a savings of $152,720. It was Councilmember Mackail's position that the Task Force should overturn every stone looking at every potential objective, seek informal bids from outside service providers, invite Palm Beach County Fire/Rescue Chief Brice and Commissioner Karen Marcus to the table, challenging Chief Brice to make a commitment to the Village for today and in the future, giving the County, once again, an opportunity to bid for the services of Tequesta. Mayor Collings suggested a one- on-one discussion between a member of the Task Force and Commissioner Marcus and Chief Brice. It was Councilmember Mackail's recommendation that the Village Council extend the Task Force to January 1, 1993. Village Manager Bradford reported that at the last meeting of Fire Rescue Task Force the members asked him to seek informal quotes from Wackenhut, City of Palm Beach Gardens and Martin County for fire/rescue service. In order to allow these entities time to properly respond, Mr. Bradford felt an extension of time to the Task Force Committee to January 1, 1993 would be appropriate. Councilmember Burckart moved to extend the time of the Fire Rescue Task Force Committee to January 1, 1993. Vice Mayor Howell seconded the motion. The vote on the motion was: Earl L. Collings - for Ron T. Mackail - for Edward C. Howell - for William E. Burckart - for the motion was therefore passed and adopted. Village Council Meeting Minutes November 12, 1992 Page 6 6) Consideration of Second Task Force Recommendation to Provide Palm Beach County Notice of Intent to Terminate Lease for Station 11 Property. Councilmember Mackail stated that it was once again the recommendation of the Task Force to terminate the lease for Station 11. He personally felt that was not a priority item at this point. Vice Mayor Howell felt that termination of the lease should be held off presently. Councilmember Burckart strongly recommended not terminating the lease, and felt further a proposal should be sought from Palm Beach County, with consideration of using Palm Beach County as a back-up responder. The Council concurred not to take action on the lease termination at this time. VII. COMMENTS, KUDOS AND CAUTIONS (Mayor Earl L. Collings) A) Mayor Collings reported that there are two more new restaurants in Tequesta: 1) The Clock Restaurant, at the old location of Palm Beach Cafe; and 2) Senor Salsa on U.S. Highway One. B) Mayor Collings stated he had received a complaint from a citizen regarding the propriety/legality of a report sent to the Council, concerning the fire/rescue issue, which was forwarded by Village Staff to the Fire Rescue Task Force. Attorney Randolph stated that anything sent to the Council becomes a matter of public record, at which point anyone in the public may obtain a copy. The discretion of distributing such items lies with the Village Staff. C) Mayor Collings had in his possession a copy of a Resolution which Bill Horton of the Little Club is sending to Martin County, regarding the Connector Road, which denotes that the Board will petition the State of Florida to amend revokable commitment of Palm Beach Girl Scout Council by adding a paragraph to the Agreement which states: ~~A portion of the land may be used when it serves the public interest and safety for the purpose of road improvement, addition and extension, so long as such improvements shall not interfere with, or be any closer to, the existing campsite on the County Line Road.~~ Mayor Collings felt this was a good Resolution from the Little Club group and suggested that the Village develop a similar one in support of this Resolution. Council concurred. Village Council Meeting Minutes November 12, 1992 Page 7 ------------------------------- D) Councilmember Mackail reported that there will be a radio, sports talk show broadcast live from downtown Tequesta, done by Joe Namath, starting November 30, 1992, between 3:00-5:00 p.m. This will air in 36 States with 78 radio stations. Mr. Mackail felt this would give favorable exposure to the Village of Tequesta. E) Mr. Bradford stated that the term of Elizabeth Anderson, the Tequesta Representative to JTJC, expires the end of November, 1992. Ms. Anderson has stated that she continues to have an interest in serving as Tequesta Representative. Vice Mayor Howell moved that Elizabeth Anderson serve another three-year term as the Tequesta Representative to JTJC. Councilmember Mackail seconded the motion. The vote on the motion was: °""'°~ Earl L. Collings - for Ron T. Mackail - for Edward C. Howell - for William E. Burckart - for the motion was therefore passed and adopted. VIII. DEVELOPMENT MATTERS A) Site Plan Review Modification for The Jewish Mother, 236 U.S. Highway One, south. Deputy Building Official, Steven Kennedy, gave a brief overview: A previously approved addition is to be reduced. An awning with seating on the northern end of the restaurant is proposed, as well as an expansion in the rear part which will not be completed at this time. The property owner wishes to retain the option to go back to the originally approved Site Plan, if he so desires. Village Council Meeting Minutes November 12, 1992 Page 8 ------------------------------- Councilmember Burckart moved to approve the modification to the Site Plan for the Jewish Mother Restaurant as submitted. Councilmember Mackail seconded the motion. The vote on the motion was: Earl L. Collings - for Ron T. Mackail - for Edward C. Howell - for William E. Burckart - for the motion was therefore passed and adopted. IX. NEW BUSINESS *A) Consideration of Designation of Village Property as Surplus, Pursuant to Section 3.02(8) of the Village Charter. (Staff Recommends Approval). 1) 1987 Crown Victoria Unmarked Police Car - 72,939 miles. Vin # 2FABP72G8HX165224 2) 1989 Ford Crown Victoria Police Car with 72,514 miles. Vin # 2FABP72G2KX176212 3) 1991 Ford Ranger Four-Wheel Drive Pick-Up Truck (forfeiture) with 21,376 miles. Vin # 1FTCR15X8MPA13056 B) Discussion Regarding Litigation Over Jupiter 25~ Water Surcharge. Councilmember William E. Burckart. Councilmember Burckart stated he had been approached by a Jupiter Councilman regarding a lawsuit filed against Jupiter by Steve Mickley concerning the proposed surchage to be implemented by Jupiter on residents in unincorporated Palm Beach County. The two questions were: 1) Does Tequesta want to support this action; or 2) does Tequesta want to do anything at all. Mayor Collings' position was that Tequesta should do nothing; Councilmember Mackail did not care to re- visit the issue. Vice Mayor Howell had no comment. Village Council Meeting Minutes November 12, 1992 Page 9 X. UNFINISHED BUSINESS A) Consideration of Approval of Comprehensive Tree Plan in Accordance with Tree City, USA Requirements Pursuant to the Recommendation of the Community Appearance Board and Designation of Arbor Day (December 2, 1992). Gary Preston, Director, Public Works and Recreation. (Staff Recommends Approval). Village Manager Bradford stated that Tequesta has been known for their green space since the beginning. Tequesta has now applied for a Tree City USA designation, have met all requirements, has appointed the Community Appearance Board to act also as the Tree Board and review the planting and management program of all of Tequesta's various trees, and to make an annual recommendation to the Village Council, as well as making recommendations for National Arbor Day Foundation celebration. ~'~ A representative of the National Arbor Day Foundation gave '~ Tequesta a special consideration which will enable Tequesta to have a quicker decision regarding the Tree City status. Gary Preston put together a Comprehensive Tree Management Plan which inventories all trees in Tequesta, their fertilizing schedule, etc. The CAB reviewed the Tree Plan and has recommended its adoption by the Village Council. There is planned a special Arbor Day Celebration scheduled for December 2, 1992. Boardmember Mackail moved to approve the Comprehensive Tree Plan and the designation of December 2, 1992 as Arbor Day. Vice Mayor Howell seconded the motion. The vote on the motion was: Earl L. Collings - for Ron T. Mackail - for Edward C. Howell - for William E. Burckart - for the motion was therefore passed and adopted. ,;vim Village Council Meeting Minutes ~ November 12, 1992 Page l0 ------------------------------- B) Review of Palm Beach County Cost Estimate for Country Club Pedestrian Crossing Project and Authorization for Staff to Proceed. Richard Staudinger, Gee & Jenson. (Staff Recommends Approval). Mr. Staudinger distributed to the Village Council copies of a letter from Palm Beach County Engineering Department concerning the pedestrian crossing and signalization systems proposed on Country Club Drive from the parking lot of the Tequesta Country Club to the Clubhouse. Through an Interlocal Agreement the County can actually do all the construction work. The cost to Tequesta will be a maximum of $10,000. A detailed cost estimate will be done prior to initiating the work. Village Manager Bradford explained that this item has been budgeted in the Capital Improvement Fund of the Village. Councilmember Mackail moved to approve the pedestrian crossing and signalization project at the Tequesta Country Club, with the cost not to exceed $10,000. Councilmember Burckart seconded the motion. The vote on the motion was: Earl L. Collings - for Ron T. Mackail - for Edward C. Howell - for William E. Burckart - for the motion was therefore passed and adopted. XI. COMMUNICATIONS FROM CITIZENS o Richard Berube questioned why Tequesta Gardens complex has so much pull in deciding what happens at Constitution Park behind the JTJC building. The Park was intended to have a Heart Trail, Gazebo, two Volley Ball Courts, a Basketball Court, Picnic Area and Tot Lot. Village Manager Bradford, before bringing the proposal to Village Council, was going to recommend that the Basketball Court be deleted. He further explained that the Board of Directors at Tequesta Gardens Condominium does not make the decision as to what goes in the Park - it is a Village Council decision. Mr. Berube stated he would like to see all of the above included in the Park. Village Council ,~, Meeting Minutes November 12, 1992 Page 11 Richard Berube asked if there had ever been in the Village a public meeting to address whether or not the Village should join the MSTU, and if so when, and what was discussed. Village Manager Bradford explained that on approximately February 14, 1991 such a meeting was held, wherein he as Village Manager made a recommendation to the Village Council that they consider joining the MSTU by Ordinance to conduct a Referendum. It was postponed. At the next meeting it was voted not to conduct that Referendum and not join the MSTU. Richard Berube questioned Mayor Collings as to why he found it necessary to intervene on the Fire/Rescue Task Force to urge them to change their minds regarding choosing alternative sources for providing fire/rescue services, and why are there only three alternate sources. Mayor Collings responded that he could not answer the latter question, but in answer to the first, it was because he had heard discussed in the first meeting that they look at alternate sources, therefore he questioned whether they should look at alternate sources. Dorothy Campbell stated there are 2.5 acres located in Constitution Park, none of which is being utilized presently, and urged the Council to get going to get something done there. Councilmember Burckart agreed the Village Council ought to move on this issue. Fran Sagrans of the Board of JTJC commented that no concessions will be made regarding the Park, that JTJC wishes to come to a long-term agreement with Tequesta, and reminded the Council that the residents at Tequesta Gardens are not the only people in the Village. Village Manager Bradford stated this issue can be added to the December Agenda of the Village Council. Dorothy Campbell read from the Task Force Minutes of October 14 where it was suggested that residents who wished to speak sign in before the start of meeting, holding those comments until all Board business was finished; in the October 21 meeting it was stated by the Chairman of the Board that citizens would not be allowed to comment at this meeting in order to allow time for all Board business to be handled, to which the public objected; in the October 28 meeting a Tequesta Fire Rescue Report was read, but not available for the public at that time. Mrs. Campbell stated she felt she was "gagged" and not allowed the liberty to speak on Village village Council Meeting Minutes November 12, 1992 Page 12 ------------------------------- issues. Attorney Randolph stated that a Chairman of a meeting has the right and discretion to set up the rules to conduct business. Though the public needs to be heard, the people on the committee have the right to declare the manner and method in which they are going to conduct the business and the time at which they will hear from the public. It was further Mrs. Campbell's suggestion that when meetings are conducted at conference tables, as opposed to the bench, that auxiliary microphones be used. o Wade Griest commented that from the first three meetings of the Fire Rescue Task Force, it can be seen that the public input had very little to do with the decisions with which the Task Force has been charged. Mr. Griest felt it would be appropriate to interview the Task Force members to determine whether they were willing to continue to January 1. He further felt it was a good idea to ask Chief Brice and Commissioner Marcus to come to the Fire Rescue Task Force table. XII. ANY OTHER MATTERS o Mr. Bradford referred a message from Councilmember Capretta to Council. It was Mr. Capretta's concern to remind Council that he thinks it's important for the Village to help support Jupiter Inlet Colony (JIC) and Jupiter Inlet District (JID) regarding the proposed dredging. As noted in the local paper, the JIC and JID have come out against the County's proposed dredging, for a number of reasons, to dredge sand from the shoal that's northeast of the inlet. At one point in time Council did support that issue. Councilmember Capretta feels the Council, once again, should stay abreast of the situation and continue to be supportive of JIC and JID. Mayor Collings felt the Council, from a happenstantial observation, could not make a determination of whether or not the area should be dredged. It was his recommendation that JIC apprise the Council of the situation so that they might be more fully informed. o Councilmember Mackail commented on the Certificate of Achievement (the highest form of recognition in the area of government accounting and financial reporting) which was once again presented to the Village Finance Department for the tenth consecutive year. village Council Meeting Minutes November 12, 1992 Page 13 ------------------------------- %III. ADJOIIRNMENT Councilmember Mackail moved that the meeting be adjourned. Councilmember Burckart seconded the motion. The vote on the motion was: Earl L. Collings - for Ron T. Mackail - for Edward C. Howell - for William E. Burckart - for the motion was therefore passed and adopted and the meeting was adjourned at 9:07 P.M. Respectfully submitted, ~,.~.~, ,ate Fran Bitters Recording Secretary ATTEST: . J nn Manganie o Village Clerk DATE APPROVED: ,~e,r p ~w ~~„ ~ /o ~~ 9a2. .~.