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HomeMy WebLinkAboutMinutes_Regular_05/13/1993,. VILLAGE 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 M A Y 1 3, 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, May 13, 1993. The meeting was called to order at 7:00 P.M. by Mayor Ron T. Mackail. A roll call was taken by the Recording Secretary, Fran Bitters. Councilmembers present were: Mayor Ron T. Mackail, Vice Mayor William E. Burckart, Earl L. Collings, Joseph N. Capretta, and Liz Schauer. Village Officials present were: Village Manager Thomas G. Bradford, and Village Clerk, Joann Manganiello. Department Heads and Attorney Pam McNierney sitting in for Village Attorney John C. Randolph were also in attendance. II. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Earl L. Collings 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 add two items under ANY OTHER MATTERS: 1) Discussion regarding Metamorphosis; and 2) discussion regarding the Historical Committee. o Councilmember Collings asked to withhold for discussion from the CONSENT AGENDA Item IV (E). o Vice Mayor Burckart asked to discuss the Jupiter High School and Jupiter Middle School before considering the CONSENT AGENDA and under ANY OTHER MATTERS, a discussion regarding the NAMAC Committee. o Village Manager Bradford asked that a correction be made to Item VIII (F) changing the amount from $396,763.31 to $350,136.25; also that an Item VIII (D) (1) be added: Fire Truck Color Selection. Recycled Paper Village Council Meeting Minutes May 13, 1993 Page 2 Councilmember Collings moved to approve the Agenda as amended. Vice Mayor Burckart seconded the motion. The vote on the motion was: Earl L. Collings - for Ron T. Mackail - for William E. Burckart - for Joseph N. Capretta - for Liz Schauer - for the motion was therefore passed and adopted and the Agenda was approved as amended. IV. PUBLIC HEARINGS A) Ordinance - First Reading - Amending Ordinance No. 377 which amended Ordinance No. 355, as amended, the Comprehensive Zoning Ordinance of the Village at Section X, ~~Supplemental Requlations~~; Amending Section X (H) (2) to Provide Requirements for Landscaping in Residential Areas; Amending Section X (H) (14); Providing for Prohibited Landscaping. 1) Attorney Mcnierney read the Ordinance by Title: ~~AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING ORDINANCE N0. 377 WHICH AMENDED ORDINANCE NO. 355, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE VILLAGE AT SECTION X, ~~SUPPLEMENTAL REGULATIONS~~; AMENDING SECTION X (H) (2) TO PROVIDE REQUIREMENTS FOR LANDSCAPING IN RESIDENTIAL AREAS; AMENDING SECTION X (H) 14. PROVIDING FOR PROHIBITED LANDSCAPING; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE.~~ 2) Overview of Ordinance: amends Subsection (H) Landscaping at paragraph (2)(c)2., residential areas, by adding certain minimum requirements for single-family and duplex lots within the R-1, R-1A and R-2 zoning districts, i.e.: o Requires the xeriscape landscape concept, with a minimum of 60$ native landscaping; o Requires a minimum of 30~ open space to be landscaped with sod or grass; o Requires automatic irrigation facilities and moisture control devices for landscaped and planted areas. Village council Meeting Minutes May 13, 1993 Page 3 ------------------------------- Councilmember Collings moved to approve the Ordinance on First Reading as submitted. Councilmember Schauer 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 Liz Schauer - for the motion was therefore passed and adopted and the Ordinance was approved as submitted on First Reading. B) Ordinance - First Reading - Amending Zoning Ordinance No. 355, as amended, by amending Section XVI, Uniform Waterway Control, by adding New Subsections (C), (D), (E) and (F) and by Changing Existing Subsection (C) to be Identified as Subsection (G). 1) Attorney Mcnierney read the Ordinance by Title: ~~AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING ZONING ORDINANCE NO. 355, AS AMENDED, BY AMENDING SECTION XVI, UNIFORM WATERWAY CONTROL, BY ADDING NEW SUBSECTIONS (C), (D), (E) AND (F) AND BY CHANGING EXISTING SUBSECTION (C) TO BE IDENTIFIED AS SUBSECTION (G); PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE.~~ 2) Overview of Ordinance: to include sections which were previously, inadvertently deleted. Councilmember Collings moved to approve the Ordinance on First Reading as submitted. Councilmember Schauer 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 Liz Schauer - for the motion was therefore passed and adopted and the Ordinance was approved as submitted on First Reading. village Council Meeting Minutes May 13, 1993 Page 4 C) Ordinance - First Reading - Amending Zoning ordinance No. 355, as amended, by amending Section X, Supplemental Regulations, Subsection (A), General Provisions, Paragraph (1), Miscellaneous structures, by amending Sub- paragraph (c), Walls and Fences, etc. 1) Attorney McNierney read the Ordinance by Title: ~~AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING ZONING ORDINANCE NO. 355, AS AMENDED, BY AMENDING SECTION X, SIIPPLEMENTAL REGULATIONS, SUBSECTION (A), GENERAL PROVISIONS, PARAGRAPH (1), MISCELLANEOUS STRUCTURES, BY AMENDING SIIB-PARAGRAPH (c), WALLS AND FENCES, ETC.; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE.~~ 2) Overview of Ordinance: Disallows walls or fences forward of the building front (exterior wall of a building) , as opposed to the front building line (minimum required setback) as the Ordinance currently reads, on any lot or parcel. 3) Village Council and Public Comments: Councilmember Collings pointed out that the Ordinance should read: walls, fences and living hedges. Councilmember Collings moved to approve the Ordinance on First Reading as amended. Councilmember Schauer 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 Liz Schauer - for the motion was therefore passed and adopted and the Ordinance was approved as amended on First Reading. village Council Meeting Minutes "~ May 13, 1993 Page 5 ------------------------------- D) Ordinance - First Reading - Amending Zoning Ordinance No. 355, as amended, by amending Section B, Supplemental Regulations, Subsection (H), Landscaping, by amending Paragraph (2)(c)9., and Subsection (Q), Utility Services, by Adding a New Paragraph (3); by amending Section XV, Flood Hazard Areas, Subsection (J), Coastal High Hazard Area, by amending Paragraph (1), and by Amending Paragraph (2) by Adding a new Sub-Paragraph (o). 1) Attorney McNierney read the Ordinance by Title: ~~AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING ZONING ORDINANCE NO. 355, AS AMENDED, BY AMENDING SECTION x, SUPPLEMENTAL REGULATIONS, SUBSECTION (H), LANDSCAPING, BY AMENDING PARAGRAPH (2)(c)9., AND SUBSECTION (Q), UTILITY SERVICES, BY ADDING A NEW PARAGRAPH (3); BY AMENDING SECTION %V, FLOOD HAZARD AREAS, SUBSECTION (J), COASTAL HIGH HAZARD AREA, BY AMENDING PARAGRAPH (1), AND BY AMENDING PARAGRAPH (2) BY ADDING ANEW SUB-PARAGRAPH (o); PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE.~~ 2) Overview of Ordinance: Section X amends Subsection (H) landscaping at paragraph (2)(c)9., tree protection and Subsection (Q) utility services by adding a new paragraph (3) providing that public works projects and facilities shall not disturb mangrove areas within the Village. Section XV, flood hazard areas, amends Subsection (J), coastal high hazard area at paragraph (1) and amends paragraph (2) by adding a new sub-paragraph (o) which may prohibit residential development and/or redevelopment within the coastal high hazard areas of the Village. The above changes are necessary to comply with the Objectives and Policies of the Village's adopted Comprehensive Development plan. 3) Village Council and Public Comments: Vice Mayor Burckart and Councilmember Collings felt the words ~~whenever appropriate" under Section 1.9. should be changed to be more specific, as well as deleting Section 2(3). There was much concern and discussion regarding the language of Section 3. ~, Village Council Meeting Minutes May 13, 1993 Page 6 Councilmember Collings moved to table the above-referenced Ordinance for further review. 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 Liz Schauer - for the motion was therefore passed and adopted and the Ordinance was tabled. E) Ordinance - First Reading - Amending Zoning Ordinance No. 355, as amended, by Amending Section VII, Schedule and Application of Regulations, Subsection (d), Schedule of District and Use Regulations, by amending Sections (1)(d), (2)(d) and (3)(d) by Adding Day Care Facilities, Foster Care Facilities and Group Homes as Special Exception Uses in the R-lA and R-1, Single-Family Dwelling Districts and by Adding Foster Care Facilities and Group Homes as Special Exception Uses in the R-2, Multiple-Family Dwelling District. 1) Attorney McNierney read the Ordinance by Title: ~~AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING ZONING ORDINANCE NO. 355, AS AMENDED, BY AMENDING SECTION VII, SCHEDULE AND APPLICATION OF REGULATIONS, SUBSECTION (D), SCHEDULE F DISTRICT AND USE REGULATIONS, BY AMENDING SECTIONS (1)(d),(2)(d) AND (3)(d) BY ADDING DAY CARE FACILITIES, FOSTER CARE FACILITIES AND GROUP HOMES AS SPECIAL EXCEPTION USES IN THE R-lA AND R-1, SINGLE- FAMILY DWELLING DISTRICTS AND BY ADDING FOSTER CARE FACILITIES AND GROUP HOMES AS SPECIAL EXCEPTION USES IN THE R-2, MULTIPLE-FAMILY DWELLING DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE.~~ 2) Overview of Ordinance: This ordinance is amended by adding three new special exception uses (day care facilities, foster care facilities and group homes) previously discussed in Section IV, Definitions, but have not been included with the residential districts per the Comprehensive Plan Housing Element Policy. village Council Meeting Minutes May 13, 1993 Page 7 Councilmember Collings moved to approve the Ordinance on First Reading as submitted. 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 Liz Schauer - for the motion was therefore passed and adopted and the Ordinance was approved as submitted on First Reading. F) Ordinance - First Reading - Amending Zoning Ordinance No. 355, as amended, by Amending Section VII, Schedule and Application of Regulations, Subsection (D), Schedule of District and Use Regulations, by Amending Paragraph (6)(d)11. and (7)(d)4.; Amending Section X, Supplemental Regulations Applying to a Specific, to Several or to all Districts Subsection (F), Full-Service Fuel Stations or Gas Stations, by Deleting Paragraph (2)(a) through (i), inclusive; Subsection (M) Site Plan; Pre-Requisite to Building Permit Issuance by Deleting Paragraph (4), Application Process, Requirements (a) through (f) and by Adding New Requirements (a) through (i) Amending Section XII, Sign Regulations, Subsection (J), General Requirements, Paragraph (2) by Adding a New Requirement (f); Amending Section XIV, Non-Conforming Uses, Subsection (A), by amending Paragraph (8), Swimming Pool Enclosures. 1) Attorney McNierney Read the Ordinance by Title: ~~AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING ZONING ORDINANCE NO. 355, AS AMENDED, BY AMENDING SECTION VII, SCHEDULE AND APPLICATION OF REGULATIONS, SUBSECTION (D), SCHEDULE OF DISTRICT AND USE REGULATIONS, BY AMENDING PARAGRAPHS ( 6) (d) 11. AND ( 7) (d) 4 . ; AMENDING SECTION X, SUPPLEMENTAL REGULATIONS APPLYING TO A SPECIFIC, TO SEVERAL, OR TO ALL DISTRICTS, SUBSECTION (F), FIILL SERVICE FUEL STATIONS OR GAS STATIONS, BY DELETING PARAGRAPH (2)(a) THROUGH (1), INCLUSIVE; SUBSECTION (M), SITE PLAN; PRE-REQUISITE TO BUILDING PERMIT ISSIIANCE, BY DELETING PARAGRAPH (4), APPLICATION PROCESS, REQUIREMENTS (a) THROUGH (f) AND BY ADDING NEW REQUIREMENTS (a) THROUGH (i); AMENDING SECTION XII, SIGN REGULATIONS, village Council Meeting Minutes May 13, 1993 Page 8 SUBSECTION (J), GENERAL REQUIREMENTS, PARAGRAPH (2), BY ADDING A NEW REQUIREMENT (f); AMENDING SECTION %IV, NON- CONFORMING USES, SUBSECTION (A), BY AMENDING PARAGRAPH (8), SWIMMING POOL ENCLOSURES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE.~~ 2) Overview of Ordinance: Sections VII, X, XII and XIV. Over the past several years, as changes and amendments have been made to the Zoning Code, certain omissions, inconsistencies, duplications and conflicts within the Code have evolved and are addressed as follows: Sections VII and X: The Code contained two sets of regulations with regard to full service fuel or gas stations. Many of the requirements were in conflict, creating confusion. Requirements are hereby set forth by deleting the requirements for full service fuel stations or gas stations from Section X. Section X: Subsection (M) is amended in order to provide a more efficient and usable process, and by adding language regarding developers agreements. Section XII: Subsection (J), paragraph (2), amended to add signage regulations for churches located within residential districts. Section XII, Subsection (K), paragraph (2) is amended to provide for shopping center identification free-standing signs. Section XIV, Subsection (A), paragraph (8) is amended in order to further clarify that variances from the Board of Adjustment are not required for replacement screen enclosures under certain circumstances. 3) Village Council and Public Comments: Section 2.4.1. needs to be clarified to show that repairs must be made indoors; Section 4 (4) (a) change ~~his~~ to read ~~his/here; review again Section 6(8) to be certain adequate protection is provided by proper latching, tracking County requirements. village Council Meeting Minutes May 13, 1993 Page 9 ------------------------------- Councilmember Collings moved to approve the Ordinance on First Reading as amended. Councilmember Schauer 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 Liz Schauer - for the motion was therefore passed and adopted and the Ordinance was approved as amended on First Reading. G) Ordinance - as Amended, Village at Development Certain Conc Council. First Reading - Amending Ordinance No. 355, the Comprehensive Zoning Ordinance of the Section XII (M) so as to Allow Temporary Signs to be Placed Off-Site Subject to litions and subject to Approval by the Village 1) Attorney McNierney Read the Ordinance by Title: ~'AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQIIESTA, FLORIDA, AMENDING ORDINANCE NO. 355, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE VILLAGE, AT SECTION XII (M) SO AS TO ALLOW TEMPORARY DEVELOPMENT SIGNS TO BE PLACED OFF-SITE SUBJECT TO CERTAIN CONDITIONS AND SUBJECT TO APPROVAL BY THE VILLAGE COUNCIL; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE." 2) Overview of Ordinance: Amendment providing for "off- site" temporary subdivision signs under certain conditions and subject to Community Appearance Board, Building Official and Village Council approval. 3) Village Council and Public Comments: Councilmember Schauer moved to approve the Ordinance on First Reading as submitted. Councilmember Collings 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 Liz Schauer - for the motion was therefore passed and adopted and the Ordinance was approved as submitted on First Reading. village council Meeting Minutes May 13, 1993 Page 10 ------------------------------- H) Ordinance - First Reading - Amending Ordinance No. 355, as Amended, the Comprehensive Zoning Ordinance of the village of Tequesta, at Section I%-A Relating to Planned Commercial Developments so as to Provide a Permitted Density of Eighteen (18) Dwelling IInits Per Acre. 1) Attorney McNierney Read the Ordinance by Title: ~~AN ORDINANCE OF T$E VILLAGE COIINCIL OF THE VILLAGE OF TEQOESTA, FLORIDA, AMENDING ORDINANCE NO. 355, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE VILLAGE OF TEQOESTA, AT SECTION I%-A RELATING TO PLANNED COMMERCIAL DEVELOPMENTS SO AS TO PROVIDE A PERMITTED DENSITY OF EIGHTEEN (18) DWELLING ONITS PER ACRE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE.~~ 2) Overview of Ordinance: Amendment allows for a residential density of eighteen (18) dwelling units per acre, in lieu of twelve (12). 3) Village Council and Public Comments: Councilmember Collings was concerned that the Ordinance referred to a PCD as opposed to a PUD since Village Council determined that no further commercial development was desired in Tequesta. Change Section 2 (i) 1 from ~~forty (40) percent~~ to ~~al low ten (10 ) percent~~ . Councilmember Collings moved to approve the Ordinance on First Reading as amended. Councilmember Schauer 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 Liz Schauer - for the motion was therefore passed and adopted and the Ordinance was approved as amended on First Reading. village Council Meeting Minutes ~~' May 13, 1993 Page 11 ------------------------------- I) Ordinance - First Reading - Amending Ordinance No. 355, As Amended, the Official Zoning Ordinance of the Village so as to Amend the Zoning Classification of Certain Private Real Property Described Herein from R-1 to R-2; Providing that all Ordinances or Parts of Ordinances in Conflict Herewith are hereby Repealed. 1) Attorney McNierney Read the Ordinance by Title: ~~AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING ORDINANCE NO. 355, AS AMENDED, THE OFFICIAL ZONING ORDINANCE OF THE VILLAGE, SO AS TO AMEND THE ZONING CLASSIFICATION OF CERTAIN PRIVATE REAL PROPERTY DESCRIBED HEREIN FROM R- 1 TO R-2; PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH ARE HEREBY REPEALED; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE.' 2) Overview of Ordinance: Amends the Official Zoning map of the Village of Tequesta changing a certain parcel from R-1, single family, to R-2, multiple family, in order to comply with Section V(E) & (F) of the adopted Comprehensive Zoning Ordinance. The Ordinance changes the zoning district category on the Armour property at Tequesta Drive and Pine Tree Drive so that the Armour's can seek approval for a proposed ten (10) unit townhouse complex. Councilmember Collings moved to approve the Ordinance on First Reading as submitted. Councilmember Capretta seconded the motion. The vote on the motion was: Earl L. Collings - for Ron T. Mackail - for William E. Burekart - for Joseph N. Capretta - for Liz Schauer - for the motion was therefore passed and adopted and the Ordinance was approved as submitted on First Reading. J) Ordinance - First Reading - Amending Ordinance No. 355, as Amended, the Comprehensive Zoning Ordinance of the Village at Section XII thereof Relating to Siqn Regulations so as to Permit One Open House Directional Sign During Daylight Hours on Sunday Only for Properties { , within the R-lA, R-1, R-2 and R-3 Zoning Districts of the Village. village Council Meeting Minutes May 13, 1993 Page 12 ------------------------------- 1) Attorney McNierney Read the Ordinance by Title: ~~AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING ORDINANCE NO. 355, AS AMENDED, THE OFFICIAL ZONING ORDINANCE OF THE VILLAGE, SO AS TO AMEND THE ZONING CLASSIFICATION OF CERTAIN PRIVATE REAL PROPERTY DESCRIBED HEREIN FROM R- 1 TO 4-1; PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH ARE HEREBY REPEALED; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE.~~ 2) Overview of Ordinance: This amendment allows for the placement of realty open-house signs within the Village, allowing one sign per dwelling unit listed for sale, installed on the same block as the listed house, on Sundays only, and during daylight hours only. Open house signs shall be exempt from any Village permitting requirements and cannot exceed two (2) square feet in area. 3) Village Council and Public Comments: Change Section 1(J) (2) (a) from ~~on Sunday only~~ to ~~on Saturday and/or Sunday only~~ . Councilmember Schauer moved to approve the Ordinance on First Reading as amended. Vice Mayor Burckart seconded the motion. The vote on the motion was: Earl L. Collings - for Ron T. Mackail - for Nilliam E. Burckart - for Joseph N. Capretta - for Liz Schauer - for the motion was therefore passed and adopted and the Ordinance was approved as amended on First Reading. V. CONSENT AGENDA All Items listed with an asterisk (*) are considered to be routine and will be enacted by one motion. .. __ village council Meeting Minutes May 13, 1993 Page 13 ------------------------------- VI. APPROVAL OF MINOTES AND REPORTS *A) Board of Adjustment, February 22, 1993; *B) Board of Adjustment, March 15, 1993; *C) Code Enforcement Board, January 5, 1993; *D) Community Appearance Board, March 24, 1993; *E) Community Appearance Board, April 7, 1993; *F) Historical Commission, February 18, 1993; *G) village Council Meeting, April 7, 1993; *H) Village Managers Report, April 5 - May 7, 1993. Councilmember Schauer moved to approve the Consent 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 Liz Schauer - for the motion was therefore passed and adopted and the Consent Agenda was approved as amended. VII. COMMITTEE REPORTS A) Finance and Administration Committee: 1) Meeting of April 6, 1993: Discussed at this meeting was: 1) open house sign Ordinance adopted this evening on First Reading; status report on wells 25, 26, 27 project as appears on this evening's Agenda; reviewed landscape plans for wells 25 and 27; and reviewed details of Change Order on this evening's Agenda. 2) Meeting of April 16, 1993: Reviewed different finance options being considered for capital improvement projects and equipment needs of the fire department, in order to take advantage of present market low interest rates. The Committee felt several projects could be removed from the proposed list. Staff was requested to bring back to the Committee a revised project list with a decision matrix comparing the millage rate using different scenarios. The Committee's financing preference was a 20/year revenue bond for these major projects and purchases. The Committee reviewed Well 25-26-27 Project, seeking a route (perhaps under the Loxahatchee River) for a raw water line in lieu of traversing Country Club Drive. The Engineer reported there were only one or two possibilities, each with some serious problems. The Committee recommends the route use the rights-of-way which exist within the Little Club subdivision area. village Council Meeting Minutes May 13, 1993 Page 14 ------------------------------- vice Mayor Burckart moved to approve Administration Committee Meeting Minutes of April 16, 1993 as submitted. Councilmember the motion. The vote on the motion was: the Finance and April 6, 1993 and Schauer seconded Earl L. Collings - for Ron T. Mackail - for William E. Burckart - for Joseph N. Capretta - for Liz Schauer - for the motion was therefore passed and adopted. B) Public Safety Committee: 1) Meeting of April 2, 1993; Councilmember Capretta explained the Pert Chart which schedules the implementation of the Tequesta Fire Department to become operational by October 1, 1993. 2) Meeting of April 14, 1993; Councilmember Capretta explained that the cost of the ladder truck is more than originally budgeted; however, a financing option presently available would keep the budget on plan to produce the kind of savings to the public as originally projected. 3) Meeting of April 28, 1993; Station 11 is apparently not in the Tequesta fire plan and even if procured, would not adequately supply the housing need for the Tequesta Fire Department. Village Manager Bradford reviewed the Pert Chart, pointing out the scheduling of each major event to meet the October 1 deadline. vice Mayor Burckart moved to approve the Public Safety Committee Meeting Minutes of April 2, 1993; April 14, 1993; and April 28, 1993 as submitted. 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 Liz Schauer - for the motion was therefore passed and adopted. Village council Meeting Minutes May 13, 1993 Page 15 C) Public Works Committee: 1) Meeting of April 15, 1993; Village Manager Bradford explained a purpose of this meeting was the need to change the weight limit on the Tequesta Drive Bridge to comply with the State of Florida standards. The new rating given to the Bridge after testing was 33 ton, previously 17 ton. Tequesta will continue to enforce the weight limit via truck permits requested from the Police Department for use of that road and bridge. Dover Ditch Improvement Project was discussed at this meeting. The Committee requested that Gee and Jenson re-evaluate the project, giving cost estimates and some specific recommendations as to the ways and means of addressing the problem. The Tequesta Park Five Year Capital Improvement Program was reviewed by the Committee. Improvements reviewed were: asphalting and landscaping of the parking lot; playground improvements; two new softball fields; improvement to the three existing fields; ballfield lighting for existing sports complex; a parking lot expansion; a new concession building; and re-surfacing of the tennis courts. The Committee recommended that the concession building be financed in another manner; re-surfacing can easily be handled on a cash basis. Also discussed at the meeting was the Tequesta Drive/Country Club Drive corridor traffic study conducted by the Village which showed that 51 % of traffic on those streets is generated from Martin County, only to increase in the future. It has been recommended by the traffic engineers that an amendment to Tequesta Comprehensive Plan be made to change the service level of the road to cap trips per day on that road, and that the Village consider the abandonment of 20 feet of right-of- way on Country Club Drive to cause it to become virtually impossible for development that might impact that road in the future to have any ability to widen that road. Vice Mayor Burckart moved to approve the Public Works Committee Meeting Minutes of April 15, 1993 as submitted. 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 Liz Schauer - for the motion was therefore passed and adopted. Village Council Meeting Minutes May 13, 1993 Page 16 ------------------------------- VIII. NEW BUSINESS Vice Mayor Burckart stated that one year ago the Palm Beach County School Board agreed to fix problems at Jupiter High School and Jupiter Middle School which have not yet been remedied. The use of the building involved has been lost for a year, and may very well be another year if the situation is not pressed. Vice Mayor Burckart urged the Village Council that they indicate to the School Board they are prepared, in conjunction with the Town of Jupiter, to take over these repair projects to be certain they are completed. Councilmember Schauer concurred, stating that the Palm Beach County School Board has not proven itself to Tequesta nor Jupiter, while in the meantime, the health and safety of local children is being jeopardized. Cheryl Onorato explained in further detail repair work which needs to be done at the schools and requested the Village Council to meet together with the Jupiter Council to determine what joint effort is needed to proceed with this task. Mayor Mackail agreed a meeting should take place with Tequesta and Jupiter, with Legislators in attendance, and stated he would pursue the subject matter. Alfred DeMott informed the Village Council that much material and information regarding the dire needs of Jupiter Schools has been placed in the hands of Legislators, but as yet, there has been no response from them. A) Consideration of Appointment of Councilmember Elizabeth A. Schauer as an Alternate Representative to the North County Education Committee. (Staff Recommends Approval). Councilmember Collings moved to approve the appointment of Councilmember Schauer as an Alternate Representative to the North County Education Committee. Vice Mayor 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 Liz Schauer - for the motion was therefore passed and adopted. village council Meeting Minutes May 13, 1993 Page 17 ------------------------------- B) Consideration of Bid Award for One (1) 1993 1250 GPM Fire Pumper Per Bid Number FR-01-92/93. (Staff Recommends Approval). Village Manager Bradford explained that low bid came from Pierce Manufacturing Inc., Appleton, Wisconsin of $203,800. Budget for this capital expenditure was $175,000. Staff recommended that all bids be rejected since they all exceeded Budget for the purchase, and all bidders failed to comply with the technical information section of the fire pumper specifications. Staff recommends that Village Council review various stock fire apparatus units available and purchase a vehicle which best serves the needs of Tequesta. Councilmember Collings moved that all bids be rejected. Councilmember Schauer seconded the motion. The vote on the motion was: Earl L. Collings - for Ron T. Mackail - for ~Pilliam E. Burckart - for Joseph N. Capretta - for Liz Schauer - for the motion was therefore passed and adopted. C) Authorization to Purchase one (1) 1993 1250 GPM Sutphen Pumper in the Amount of $164,800 from the Sutphen Corporation of Amlin, Ohio, to Oltimately be Financed over a Term of up to Twenty (20) Years. (Staff Recommends Approval). Village Manager Bradford explained that Fire Chief Weinand reviewed all stock units available through fire apparatus manufacturers. Staff recommends the above-referenced unit which meets the needs of the Village, in the amount of $164,800. Councilmember Capretta moved that purchase of one 1993 1250 GPM Sutphen Pumper in the amount of $164,800 be approved. Councilmember Collings 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 Liz Schauer - for the motion was therefore passed and adopted. village Council Meeting Minutes May 13, 1993 Page 18 D) Authorization to Purchase One (1) 1994 Sutphen Model 100+ Aerial Platform in the Amount of $451,430 from the Sutphen Corporation of Amlin, Ohio, to Ultimately be Financed for a Term of up to Twenty (20) Years. (Staff Recommends Approval). Village Manager Bradford explained that Fire Chief Weinand reviewed all manufacturers for an aerial platform truck and found that Sutphen Corporation, one of the best manufacturers in the market, had the best price. Options for financing are: 1) a revenue bond for 20 years; 2) in-house financing paid back in ten years; or 3) cash for the pumper from the General Fund. Councilmember Capretta moved that Model 100+ Aerial Platform in approved. Councilmember schauer vote on the motion was: Earl L. Collings Ron T. Mackail William E. Burckart Joseph N. Capretta Liz schauer purchase of one 1994 sutphen the amount of $451,430 be seconded the motion. The - for - for - for - for - for ~- the motion was therefore passed and adopted. 1) The Village Council preferred a color scheme for its fire trucks of white trucks with a blue reflective accent stripe. *E) Consideration of Contribution of $500 to, in part, underwrite the Planning Forum of the Northern Palm Beach county/southern Martin County Planning Forum Steering Committee of which Tequesta is a Member. (Staff Recommends Approval). Councilmember Collings pointed out that Tequesta belongs to the Council of Governments (COG) and pays approximately $1500/year for that membership, as well as belong to one or two other planning groups, which require a contribution. Village Manager Bradford stated that this Planning Forum would be a major event, hopefully with an ad hoc committee, where all the major decisionmakers, utility companies, major employers, throughout Palm Beach and Martin counties will be in attendance. The event will be held in the latter part of August, and will be a combination of a charrette/american planning assemblies process where all major players will track and make decisions as to where they would like to see the major facilities located that need to be provided in the north Palm Beach County/Martin County area over the next few decades. ~a_. village Council Meeting Minutes May 13, 1993 Page 19 Councilmember Schauer moved that the Village of Tequesta contribute $500 to the Northern Palm Beach County/Southern Martin County Planning Forum Steering Committee. Councilmember Collings 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 Liz Schauer - for the motion was therefore passed and adopted. F) Consideration of Authorizing the Village Manager to Execute a Change Order with Chaz Equipment Company of Delray Beach, Florida, in the Amount of $350,136.25 to Install a Portion of the Water Distribution Pipeline Associated with the Well 25, 26 and 27 Project, Pursuant to the FY 92/93 Water Enterprise Fund Budget Allocation in the Amount of $1,249,065. (Staff Recommends Approval). Village Manager Bradford explained that all of Tequesta's water sources today are on the central peninsula. South Florida Water Management has given Tequesta a permit for three wells (# 25, 26 and 27) to follow the path of Country Club Drive. It is necessary to run distribution lines up the right-of-way of Country Club Drive, through the Little Club subdivision, tieing into County Line Road and back to the Water Treatment Plant. Chaz Equipment has been chosen for that work. An approval of a Change Order is requested from Village Council, since the scope of the work has changed from their original contract for Well 24. Councilmember Capretta moved to approve the Change Order for Chaz Equipment Company of $350,136.25. Councilmember Collings 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 Liz Schauer - for the motion was therefore passed and adopted. Village Council Meeting Minutes May 13, 1993 Page 20 ------------------------------- IB. UNFINISHED BUSINE38 A) Ordinance No. 447 - Second Reading - Amending Chapter 14, Land Development, of the Code of Ordinances of the Village of Tequesta, by Amending Article V, Wellfield Protection, by Adding New Reserved Section 14-95 through 14-99; by Adding New Article VI, Concurrency Requirements, Sections 14-100 through 14-107; by Adding to Article VI Reserved Sections 14-108 through 14-130. (Staff Recommends Approval). Attorney McNierney gave the Second Reading of Ordinance No. 447. Vice Mayor Burckart moved to approve the second Reading of Ordinance No. 447. Councilmember Schauer 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 Liz Schauer - for the motion was therefore passed and adopted. B) Ordinance No. 448 - Second Reading - Amending Chapter 2 of the Code of Ordinances at Article II, so as to Provide a Procedure for Calling a Special Election in the Event of a Vacancy in Candidacy Caused by the Death, withdrawal or Removal of a Candidate Following the End of the Qualifying Period Resulting in Only One Candidate Remaining for that Office; Providing a Procedure in the Event no Candidate Remains for Office. (Staff Recommends Approval). Attorney McNierney gave the Second Reading of Ordinance No. 448. Councilmember Collings moved to approve the Second Reading of Ordinance No. 448. Vice Mayor 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 Liz Schauer - for the motion was therefore passed and adopted. Village Council Meeting Minutes May 13, 1993 Page 21 ------------------------------- C) Ordinance No. 449 - Second Reading - Amending Chapter 18 of the Code of Ordinances ~~Water~~ at Section 18-3 by Including a New Subparagraph (j) so as to Provide an Emergency Service Bulk Water Rate for Water Supplied Through the Emergency Interconnections Between the Village of Tequesta and Other Public Community Water Systems. (Staff Recommends Approval). Attorney McNierney gave the Second Reading of Ordinance No. 449. Vice Mayor Burckart moved to approve the Second Reading of Ordinance No. 449. Councilmember Schauer 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 Liz Schauer - for the motion was therefore passed and adopted. X. COMMUNICATIONS FROM CITIZENS Hattie Siegel asked if, when the Village prepares an Ordinance, it is done under the authority of a Florida Statute. Attorney McNierney explained that they were, and that Notice is published, following all required procedures. Hattie Siegel asked if there could be a criminal as well as a civil penalty for not adhering to the Ordinance. Attorney McNierney explained that was correct, but the Village Council would have total authority of enforcement. Wilburt Siegel stated he was informed by the Village Code Enforcement Officer that there are presently no Code violations on the books and no meetings scheduled. Mr. Siegel felt there were existing many places in the Village which were in violation. John Cunningham suggested that lighting be provided for the basketball courts using the lights to be removed from Pennock Field. Mayor Mackail concurred that was a good suggestion and would look into it. village council Meeting Minutes May 13, 1993 Page Z2 ------------------------------- Dr. Stanley Jacobs commended the work being done by the Public Safety Committee in getting the Tequesta Fire Department on line. Dr. Jacobs provided to the Council a letter from the Tequesta Country Club Community Association asking Council to deny ENCON the ability to put in their sewer lines as proposed and stated that a meeting will be held by ENCON on May 18. Mayor Mackail stated a Councilmember will attend that meeting. William Kirkland submitted to the Council a letter from the Tequesta Country Club Point Association regarding the ENCON issue, asking Council to deny ENCON's request for installing sewer lines. Alfred DeMott submitted to the Village Council a letter written by Carlton Stoddard regarding objections to the ENCON sewer system proposal. Mr. DeMott also mentioned that the residents of the Tequesta Country Club would prefer to see Martin County pay their fair share of the maintenance of Country Club Drive. %I. ANY OTBER MATTERS A) Councilmember Schauer stated there would be a Metamorphosis meeting on Tuesday, May 17. She also stated that Tequesta's Interlocal Agreement with the School Board regarding bussing will not suffice and it is necessary to quickly come up with alternatives. A computer high tech learning center may be one answer. Councilmember Schauer submitted to the Village Council a letter addressed to Monica Uhlhorn, Superintendent of Palm Beach County Schools, and requested that the Mayor sign the letter, regarding making Jupiter High School a high tech computer learning center. Council concurred. B) Councilmember Schauer recommended the Tequesta Historical Committee be reduced in number of members to four or five instead of ten, which may encourage better attendance. The Village Council concurred they would work on that. C) Mayor Mackail announced that the NAMAC Coordinating Council will hold a meeting May 19 and suggested that a Councilmember attend. Village Council Meeting Minutes May 13, 1993 Page 23 ------------------------------- %II. ADJOIIRNMENT Councilmember Collings moved that the meeting be adjourned. Councilmember Schauer seconded the motion. The vote on the motion was: Liz Schauer - for Ron T. Mackail - for Joseph N. Capretta - for William E. Burckart - for Earl L. Collings - for the motion was therefore passed and adopted and the meeting was adjourned at 10:55 P.M. ATTEST: J ann Manganie o Village Clerk DATE PPROVED: a7 /9 93 Respectfully submitted, ~.~i~ ~1-v ~~~~~ Fran Bitters Recording Secretary