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HomeMy WebLinkAboutMinutes_Regular_02/11/1993VILLAGE 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 II E S T A V I L LAG E C O II N C I L M E E T I N G M I N II T E S F E B R II A R Y 1 1, 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, February 11, 1993. 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, Ron T. Mackail, Joseph N. Capretta and William E. Burckart. Vice Mayor Edward C. Howell was not in attendance. 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 Ron T. Mackail gave the Invocation and led those in attendance to the Pledge of Allegiance to the American Flag. III. APPROVAL OF AGENDA Councilmember Mackail asked to delete item (B) under Item IX NEW BUSINESS. Councilmembers concurred. Councilmember Capretta asked to discuss under Item XI, ANY OTHER MATTERS, the five-year plan for Tequesta Park. Councilmember Burckart asked to comment under ANY OTHER MATTERS regarding the school system and a meeting which they held. Councilmember Burckart moved to approve the Agenda as amended. Councilmember Capretta seconded the motion. The vote on the motion was: Earl L. Collings - for Ron T. Mackail - for William E. Burckart - for Joseph N. Capretta - for the motion was therefore passed and adopted and the Agenda was approved as amended. Recycled Paper Village Council Meeting Minutes February 11, 1993 Page 2 ------------------------------- IV. CONSENT AGENDA All Items listed with an asterisk (*) are considered to be routine and will be enacted by one motion. V. APPROVAL OF MINUTES AND REPORTS *A) Board of Adjustment, December 21, 1992; *B) Village Council Meeting, January 14, 1993; *C) Village Council Workshop, January 21, 1993; *D) Special Village Council Meeting, January 26, 1993; *E) Special Village Council Meeting, January 28, 1993; *F) Village Manager s Report - January 11 - February 5, 1993. 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 William E. Burckart - for Joseph N. Capretta - for the motion was therefore passed and adopted and the Consent Agenda was approved as amended. VI. COMMENTS, KUDOS AND CAUTIONS (Mayor Earl L. Collings) A) Mayor Collings stated that on March 7, at 9:00 p.m., the moon will be the closest to the earth that it has been in over 100 years. Forty-seven minutes later it will be a full moon. These two forces, on the elliptical orbit of the moon, purportedly cause the largest tides ever experienced. Mayor Collings stated that those living close to the oceans should consider themselves forewarned. VII. APPOINTMENTS A) Community Appearance Board *1) Consideration of Appointing Stephen J. Parker as an Alternate Member of the Community Appearance Board for a One-Year Term, Eupirinq on February 12, 1994. (Staff Recommends Approval). Approved under the Consent Agenda. Village Council Meeting Minutes ` February 11, 1993 Page 3 VIII. DEVELOPMENT MATTERS A) Status Report on Site Plan Changes and Palm Beach County Construction Schedule for Proposed Tequesta Branch Library Adjacent to Village Hall. Scott D. Ladd, Building Official. Scott Ladd explained that, through phone calls, he had talked with Dean Ellis, the supervising architect for the Library, who stated he was putting together three sets of construction plans and will be submitting same with a permit application to the Tequesta Department of Community Development. The process involves: o A Plan Review which takes place 2-3 weeks time; o A permit is made available; o The job is then sent out for bid to seek a general contractor; o Advertising will then take place, taking approximately one week; o Approximately four months later the contractor will be ready to begin working. The construction will be approximately a 366-day job. Mr. Ladd explained he had spoken with Audrey Wolfe of the Palm Beach County Library System, discussing the site lighting issue and the permitting process. Mr. Ladd told Ms. Wolfe that the lighting issue should not interfere with the permitting process or the construction of the Library, as long as at some point before the Certificate of Occupancy is issued, the lighting is resolved. Ms. Wolfe stated she had a problem with that issue, since a change of lighting might create a public liability issue for the County, possibly delaying the project, and that the County still stands with their engineer's recommendations with regard to the height of the lights. The County did agree to relocate the three light standards closest to the residential area. Commissioner Karen Marcus wrote a letter stating the County is concerned with safety problems and felt it was not in the best interests of the Library users to modify the lighting, and requested that ~~ the Village indemnify the County in regard to the lighting. ,,,~ Councilmember Mackail felt that issue was not pressing enough to delay the Site Plan. village Council Meeting Minutes February 11, 1993 Page 4 Councilmember Burckart felt strongly that no light stantions should be above 20' and that the Village should not indemnify the County on the lighting. Councilmember Mackail felt any indemnification should be dealt with by the Village Attorney. He felt the County and the local residents should be accommodated, and anything that needed to be done to cause the project to move forward should be done. He felt there would be no liability on the County's part if the lighting was modified. Councilmember Capretta stated the project should be accelerated to move forward and felt the County is 'nit- picking' in order to delay the project. Mr. Bill Quigley, one of the main residents concerned regarding the Library lighting, stated the parking lot has been moved back from his property line and feels he can live with that change, but objects to the 20' stantions for lighting, since it would cause the lights to shine directly into his home. He would prefer to see those lowered to 12'- 15', but the County appears reluctant to do so. Scott Ladd explained the parking lot lighting will be shut down after the last Library employee leaves the building. Council felt the Village should move ahead, award the permit, and work out the details of the problems as the project is developed. IB. NEW BIISINESS A) Resolution No. 3-92/93 - Authorizing and Directing the Village Manager to Cause to be Placed on the Ballot for the Village of Tequesta Municipal Election Scheduled for March 9, 1993, a "Straw Vote" Question to be Answered by the Registered Voters of the Village of Tequesta Relating to Whether the Village of Tequesta Shall Establish its own Municipal Fire Department. Councilmember Burckart was supportive of Tequesta establishing its own fire department, that the Referendum is important, and that Village Staff should make all fire department information available to the community. village Council Meeting Minutes February 11, 1993 Page 5 Councilmember Mackail felt the Referendum would allow Tequesta citizens to speak, felt it was important to understand the correct information and that the Staff should be instructed to make all information available, and was in favor of an independent fire/rescue service for Tequesta. Councilmember Capretta stated that he favors Tequesta creating its own fire system, though he is not certain of the configuration. He felt it was important to make the Referendum language clear and that it should be made clear that the Village Council is in support of such a system, that the Village Council members should go out and speak to the public regarding the system, and that such matters should not be left in the hands of the Staff. Mayor Collings felt confident Tequesta could form its own independent fire department and believed that North County Ambulance guarantees Tequesta dedicated rescue service. Though he was in support of a Referendum, he felt it would encourage a door-to-door campaign. Bill Treacy felt that since Tequesta has its own excellent police department, he saw no reason why the same could not be done with a fire department. It was his belief that citizens should support the area in which they live. Though Mr. Treacy felt a Referendum was fine, it was his position that the Village Council needed to run the Village, and not let the Village run the Village Council. Richard Berube felt there was no doubt whether Tequesta could run their own fire department. Mr. Berube: o Felt the Fire Rescue Task Force was created at a luncheon which took place before the Task Force was formed and that the committee was hand-picked; o Objected to a Jupiter Inlet Colony resident voting on Tequesta issues; o Felt there was no in-depth research done regarding fire/rescue options; o That the Village had no plan in mind when it opted out of Palm Beach County Fire Rescue; o Mr. Bradford was unqualified to compile a fire/rescue report for the Village; o Felt the Village could not control its own destiny when it contracts out for services; o That the Village fire/rescue plan goes against previous ~, surveys; o Legal funds to fight the Florida Retirement Fund are not included in the Village Fire/Rescue Report; o Costs are being hidden; o The Report woefully underfunds a Village fire department. Village Council Meeting Minutes February 11, 1993 Page 6 ------------------------------- Mr. Berube also questioned the scenario of a "straw vote" and asked for clarification between a straw vote and a referendum. Pauline Hutchinson asked Councilmember Mackail if it was standard practice to amortize start-up costs. Councilmember Mackail responded that, under general accounting practices, it is possible to amortize startup costs for a five-year period, or longer. Mrs. Hutchinson stated that startup costs are not included for the garage. Mr. Bradford responded that the $350, 000 is not included for the garage, because: 1) there is a possibility that the Village may be able to negotiate with PBC the transference of Station 11 to the Village; 2 ) the Village has legal ability to secure Station 11; 3) no permanent fire station is presently planned; and 4) the possibility of a regional system still exists, leaving the possibility of a different location for a station. It was Mrs. Hutchinson's position that the Village should have its own in-house EMS. Bill Bhannon found the Council's comments eloquent and well spoken, he was in support of the straw vote, and supported Council's position. He felt the Resolution wording should simply read "Should the Village of Tequesta establish its own municipal fire department? Yes or No." Jack Fredrickson objected to the ballot language, and felt the word "modify" should be changed. He felt the Task Force was a 'suspicious thing' which operated with pre-conceived notions; that the citizens had not been treated honestly; that there were hidden Agendas; cautioned the Village Council to be careful of the decision they make; and asked that the Council make completely clear what they propose to replace Palm Beach County Fire Rescue so that citizens would know how to vote. John Cunningham stated that Tequesta would essentially be renting out its services to Jupiter Inlet Colony and it would therefore be right for JIC to participate in startup costs, including costs for the garage. Mary Seay stated she was appalled that she first read the language of the ballot wording in the local newspaper. She felt Tequesta should not be contracting out rescue services if control is a concern. Dr. Stanley Jacobs felt Tequesta was doing the right thing by opting for its own independent fire department. village Council Meeting Minutes February 11, 1993 Page 7 Attorney Randolph explained the difference between a Referendum and a straw vote. According to the Village Charter, a Referendum allows the Village Council to adopt an Ordinance which can be changed at the next Council meeting and probably does not do a lot more than a straw vote. A straw vote is a faster way of getting the issue to the people for a vote. The result of either would be no different. Doa Seay felt that, though the rising costs of Palm Beach County Fire Rescue need attention, not enough time was given to the Fire Rescue Task Force to study the issue thoroughly. He felt the operational costs of an independent department would be far more than has been projected, and is more than present costs; that the $350,000 cost for the garage, secretarial costs, and legal fees to get out of Station 11 contract, should not have been left out of the fire/rescue budget. Dottie Campbell stated she was not comfortable with where the Village stands presently regarding fire/rescue; questioned why the $350, 000 for converting the garage was not included in the budget; why a previous traffic study is being ignored; why Tequesta does not have a real, firm package to present; and wondered what other costs had not been included in the Fire Rescue Report. It was Mrs. Campbell's position that "if the Village Council is going to do it, just do it" and forget the referendum or straw vote, or, wait until more information is compiled. Wade Griest clarified the vote of the Tequesta Fire Rescue Task Force. Attorney Randolph read the ballot language to be considered. Councilmember Mackail moved to accept the ballot language as submitted, except for changing the word "modified" to "changed". Councilmember Burckart seconded the motion. The vote on the motion was: Earl L. Collings - for Ron T. Mackail - for William E. Burckart - for Joseph N. Capretta - for ~, w, the motion was therefore passed and adopted village Council Meeting Miautes February 11, 1993 Page 8 Attorney Randolph read Resolution No. 3-92/93 by Title: ~~A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TBQIIESTA, PALM BEACH COUNTY, FLORIDA, AIITHORIZING AND DIRECTING THE VILLAGE MANAGER TO CAIISE TO BE PLACED ON THE BALLOT FOR THE VILLAGE OF TEQUESTA MUNICIPAL ELECTION BCHEDULED FOR MARCH 9, 1993, A ~~STRAW VOTE~~ QUESTION TO BE ANSWERED BY THE REGISTERED VOTERB OF THE VILLAGE OF TEQUESTA, SAID QUESTION RELATING TO WHETHER THE VILLAGE OF TEQUESTA SHALL ESTABLISH ITS OWN MUNICIPAL FIRE DEPARTMENT; ESTABLISHING THE BALLOT LANGUAGE TO STATE THB QUESTION; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSEB.~~ Councilmember Mackail moved to approve Resolution No. 3- 92/93. Councilmember Burckart seconded the motion. The vote on the motion was: Earl L. Collings - for Ron T. Mackail - for William E. Burckart - for Joseph N. Capretta - for the motion was therefore passed and adopted. B) Ordinance - First Reading - Providing for the Inclusion of the Territory Lying Within the Municipal Boundaries of the village of Tequesta within the Palm Beach County Fire/Rescue Municipal Service Taxing Unit (MSTU). Deleted from the Agenda. C) Ordinance - First Reading - Amending Chapter 2 of the Code of Ordinances Relating to Administration so as to Establish a Procedure Relating to a vacancy in Candidacy caused by Death, Withdrawal or Removal from the Ballot of a Qualified Candidate Following the End of the Qualifying Period Which Leaves Fewer than Two Candidates for an Office. Attorney Randolph read the Ordinance by Title: ~~AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES RELATING TO ADMINISTRATION 80 A8 TO ESTABLISH A PROCEDURE RELATING TO A VACANCY IN CANDIDACY CAUSED BY DEATH, WITHDRAWAL OR REMOVAL FROM THE BALLOT OF A QUALIFIED CANDIDATE FOLLOWING THE BND OF THE QIIALIFYING PERIOD WHICH LEAVER FEWER THAN TWO CANDIDATES FOR AN OFFICE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE.~~ Village Council Meeting Minutes February 11, 1993 Page 9 Village Manager Bradford stated this Ordinance causes the status quo to become documented via Ordinance whereby if one candidate dies, withdraws or is removed, the other would automatically take office. Councilmember Mackail gave a case history, where a candidate won by default, which showed that a potential mishap could occur and felt there was a need for flexibility. The Council concurred and took no action on the above-referenced Ordinance. The Village Manager was requested to present an Ordinance addressing the situation at the next meeting. D) Consideration of Time Extension for the Downtown Task Force to September 3, 1993. (Staff Recommends Approval). Village Manager Bradford explained the Downtown Task Force, created on September 3, 1992, was given a life of six months. The Task Force requests of the Council a six-month time extension, allowing the Task Force mission to expire on September 3, 1993. Councilmember Mackail moved to approve a six-month time extension for the Downtown Task Force, with an expiration date of September 3, 1993. Councilmember Burckart seconded the motion. The vote on the motion was: Earl L. Collings - for Ron T. Mackail - for William E. Burckart - for Joseph N. Capretta - against the motion was therefore passed and adopted. Councilmember Capretta felt a time extension would change the whole scope of the Downtown Task Force to a working committee for a whole different purpose, since it is expected that they will review proposed projects for the downtown development area. E) Resolution No. 4-92/93 - IIrginq the Florida Department of Transportation to Provide for Appropriate Traffic Separators within the Medians of Interstate 95 within Palm Beach County to Reduce the Loss of Life from Cross- Median Accidents. (Staff Recommends Approval). Attorney Randolph read Resolution No. 4-92/93 by Title: Village Council Meeting Minutes February 11, 1993 Page 10 "A RESOLIITION OF THE VILLAGE COIINCIL OF THE VILLAGE OF TEQIIESTA, PALM BEACH COIINTY, FLORIDA, IIRGING THE FLORIDA DEPARTMENT OF TRANSPORTATION TO PROVIDE FOR APPROPRIATE TRAFFIC BEPARATORB WITHIN THE MEDIANS OF INTERSTATE 95 WITHIN PALM BEACH COIINTY TO REDIICE THE LO88 OF LIFE FROM CROSS- MEDIAN ACCIDENTS." Councilmember Burckart moved to approve Resolution No. 4- 92/93. Councilmember Mackail seconded the motion. The vote on the motion was: Earl L. Collings - for Ron T. Mackail - for William E. Burckart - for Joseph N. Capretta - for the motion was therefore passed and adopted. F) Consideration of Village of Tequesta Commitment to Participate in the Proposed Strategic Growth and Development Plan for North Palm Beach/South Martin County for the Purpose of Evaluating Alternative Scenarios and Creating Livable, Equitable, Economically viable and Environmentally Protected Infrastructure Systems and Patterns of Development for the Area. (Staff Recommends Approval). Village Manager Bradford explained that over the past few weeks he and Mayor Collings, in representation of the Village of Tequesta, have been attending the Steering Committee Meetings for the above-referenced proposed planning forum. Mr. Bradford urged the Council that they should participate, conditioned upon the Village reserving its right to withdraw from participation if inordinate funding requests are made of Tequesta, and that Village participation does not indicate or allude to approval or inclusion of any adopted plan's applicability to the jurisdiction of Tequesta. ~. Village Council Meeting Minutes February 11, 1993 Page 11 Councilmember Burckart moved that the Village participate in the proposed strategic growth and development plan for North Palm Beach/South Martin County for the purpose of evaluating alternative scenarios and creating livable, equitable, economically viable and environmentally protected infrastructure systems and patterns of development for the area conditioned upon the Village reserving its right to withdraw from participation if inordinate funding requests are made of Tequesta, and that Village participation does not indicate or allude to approval or inclusion of any adopted plan's applicability to the jurisdiction of Tequesta. Councilmember Mackail seconded the motion. The vote on the motion was: 8arl L. Collings - for Ron T. Mackail - for William E. Burckart - for Joseph N. Capretta - for the motion was therefore passed and adopted. *G) Consideration of Bid Award to Hardrives, Inc., of Delray Beach, Florida, in the amount of $7,868 for the Tequesta Park Tennis Courts Resurfacing Project Pursuant to FY 93 Capital Improvement Fund Budget Allocation in the Amount of $11,000. (Staff Recommends Approval). Approved under the Consent Agenda. *H) Authorization to Purchase One (1) Op Truck in the Amount of $8,469 Maitland, Florida, Osinq Florida 500-150 Pursuant to the FY 1993 Budget Allocation in the Amoun Recommends Approval). 1993 Ford Ranger Pick- from Don Reid Ford of State Contract No. 070- Water Enterprise Fund t of $10,000. (Staff Approved under the Consent Agenda. Village Council Meeting Minutes February 11, 1993 Page 12 I) Resolution No. 5-92/93 - Expressing Support for a Professional Major League Baseball Training Facility in the North County. (Staff Recommends Approval). Attorney Randolph read Resolution No. 5-92/93 by Title: "A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQIIESTA, PALM BEACH COUNTY, FLORIDA, EBPRE88ING SIIPPORT FOR A PROFESSIONAL MAJOR LEAGUE BASEBALL TRAINING FACILITY IN THE NORTB COUNTY." Village Manager Bradford announced this Resolution was put together in response to the Jupiter/Tequesta Chamber of Commerce. Councilmember Burckart moved to approve Resolution No. 5- 92/93. Councilmember Mackail seconded the motion. The vote on the motion was: Earl L. Collings - for ~"~ Ron T. Mackail - for `" William E. Burckart - for Joseph N. Capretta - for the motion was therefore passed and adopted. J) Resolution No. 6-92/93 - Objecting to a Proposed State- wide Rate Structure and Territorial Dispute Jurisdiction of the Florida Public Service Commission over Governmental Water and Bewer IItility Systems. (Staff Recommends Approval). Since the above-referenced proposal of the Florida Public Service Commission would give the Commission authority over water, waste water and reclaimed water systems of non-profit corporations and cooperates, the Village Council felt this was another intrusion of unnecessary governmental authority upon the local citizens and a usurpation of the rights granted unto them by virtue of home rule authority. Attorney Randolph read Resolution No. 6-92/93 by Title: "A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, OBJECTING TO A PROPOSED STATE- WIDE RATE STRUCTURE AND TERRITORIAL DISPUTE JURISDICTION OF THE FLORIDA PUBLIC SERVICE COMMISSION OVER GOVERNMENTAL WATER ,,. AND BEWER IITILITY SYSTEMB." village Council Meeting Minutes February 11, 1993 Page 13 ------------------------------- Councilmember Mackail moved to approve Resolution No. 6- 92/93. Councilmember Burckart seconded the motion. The vote on the motion was: Earl L. Collings - for Ron T. Mackail - for William E. Burckart - for Joseph N. Capretta - for the motion was therefore passed and adopted. *R) Consideration of Bid Award to Layne-Atlantic of Orlando, Florida, in the Amount of $12,420 for Well 7 and Well 23 Rehabilitation/Redevelopment Pursuant to the FY 1993 Water Enterprise Fund Budget Allocation in the Amount of $30,000. (Staff Recommends Approval). Approved under the Consent Agenda. %. COMMIINICATIONS FROM CITIZENS Richard Berube asked the Village Council not to let the FPL highpower line issue die and to put pressure on FPL to move the power lines to U.S. Highway One. Mayor Collings informed Mr. Berube that the Village is doing everything it can to prevent the lines from being placed on Old Dixie Highway. Dorothy Campbell stated that Martin County has taken the Connector Road issue off their Five Year Plan. Mayor Collings informed Mrs. Campbell that the Village is trying to arrange a meeting with Martin County Commissioner Janet Gettig to try to reverse the decision of removing it from the Five Year Plan. William Treacy asked that the Village give attention to a drain on Country Club Drive which goes nowhere, causing flooding in that area during heavy rains. Village Manager Bradford reported that several alternatives for correcting that situation are now being considered. %I. ANY OTHER MATTERS rte, ,, A) Councilmember Capretta asked if other Councilmembers support the five year upgrade plan for Tequesta Park, and if so, how shall it be implemented. Mayor Collings felt more pressure ought to be put on Martin County to participate in cost-sharing of Tequesta Park. village Council Meeting Minutes .«. February 11, 1993 .Page 14 ------------------------------- B) Village Manager Bradford asked for Council permission to advertise now, but not hiring now, for a Fire Chief, should Tequesta develop its own Fire Department, to cause the transition to be more timely. Council concurred that should be done. C) Councilmember Burckart reported there is an in-house study being done by the School Board to determine the air quality for Jupiter Middle School and Jupiter High School. Mr. Burckart urged that the Village monitor that closely, since, being an in-house study, the results of the study could turn out the way the school system prefers to see them. %IV. ADJOORNMENT Councilmember Burckart moved that the meeting be adjourned. Councilmember Capretta seconded the motion. The vote on the motion was: Earl L. Collings - for Ron T. Mackail - for Joseph N. Capretta - for William E. Burckart - for the motion was therefore passed and adopted and the meeting was adjourned at 9:50 P.M. Respectfully submitted, i~~LC~ I Fran Bitters Recording Secretary ATTEST: ann Mangan' llo Village Clerk DATE APPROVED: _ ~-~; ~ 7 , i 993