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HomeMy WebLinkAboutMinutes_Regular_09/28/1995VILLAGE 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 SEPTEMBER 28, 1995 I. CALL TO ORDER AND ROLL CALL The Tequesta Village Council held a regular meeting at the Village Hall, 357 Tequesta Drive, Tequesta, Florida, on Thursday, September 28, 1995. The meeting was called to order at 7:04 P.M. by Mayor Ron T. Mackail. A roll call was...... taken by Betty Laur, Recording Secretary. Councilmembers present were: Mayor Ron T. Mackail, Vice Mayor William E. Burckart, Elizabeth A. Schauer, Carl C. Hansen, and Joseph N. Capretta. Also in attendance were: Village Manager Thomas G. Bradford, Village Clerk Joann Manganiello, Village Attorney John C. Randolph, and Department Heads. II. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Carl C. Hansen gave the Invocation and led those in attendance in the Pledge of Allegiance to the American Flag. III. APPROVAL OF AGENDA Councilmember Schauer requested that Item F be pulled from the Consent Agenda, and Accreditation of Jupiter High School be added under Any Other Matters. Councilmember Hansen requested an update on the status of the centralized garage; a report regarding the study on the Village Hall, and an explanation of large expenditures by the Water Department Recycled Paper VILLAGE COUNCIL MEETING MINUTES SEPTEMBER 28, 1995 PAGE 2 under Any Other Matters. Councilmember Capretta requested the addition of the grand opening of the library under Any Other Matters. Village Manager Bradford requested that Agenda Item 7{B) be postponed until October 12 at the request of the applicant, Tequesta Gardens, since their landscape architect had been unable to attend this meeting. Vice Mayor Burckart moved that the Agenda be approved as amended. Councilmember Hansen seconded the motion. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for The motion was therefore passed and adopted and the Agenda was approved as amended. IV. PUBLIC HEARINGS A) Review of Proposed Village General Fund, Special Revenue and Debt Service Fund, Capital Improvement Fund, Bond Construction Fund, Water Enterprise Fund, and Law Enforcement Trust Fund for Fiscal Year 1995/1996. 1) Announcement of Proposed Millage Rate (6.3425) and Percent {5.38) by which the Proposed Millage Rate exceeds the Rolled-Back Millage Rate (6.0187) 2) General Fund 3) Improvement Bond Revenue Fund 4) Capital Improvement Fund 5) Bond Construction Fund 6) Water Department Enterprise Fund 7) Law Enforcement Trust Fund 8) Village Council Comments 9) Public Comments 10) Resolution No. 31-94/95 - Providing for Levying a Millage Rate of $6.3425 per $1000 of taxable valuation (6.3425 mils) for FY 1995/1996. VILLAGE COUNCIL MEETING MINUTES SEPTEMBER 28, 1995 PAGE 3 11) Resolution No. 32-94/95 - Providing for the Adoption of the Village Budgets for FY 1995J1996, Commencing October 1, 1995. Village Manager Bradford explained that the General Fund was the only fund using property taxes as a revenue source, and stated that the proposed millage rate was 6.3425 which had been reduced from 6.49 as stated at the first Budget Hearing on September 14. The proposed rate therefore represented a 3.45$ millage rate increase over the prior year's millage rate, and a 5.380 increase over the rolled back rate. Village Manager Bradford explained this had been the target increase set in July and had been accomplished. by a decrease in health insurance premiums, and by reducing contributions from the General Fund to the Capital Improvement Fund. Village Manager Bradford commented that the budget was adequate to meet employee needs and included provision for one additional police officer to be funded by the federal government's COPS Fast Grant Program which over the course of three years would provide up to $75,000. Village Manager Bradford summarized the Village budget as follows: Total revenues and fund balance of the General Fund, as well as total expenditures and fund balance of the General Fund - $4,801,433. The Improvement Bond Revenue Fund, created to account for the revenues pledged to pay the 1994 bond issue, contained revenues in excess of the debt service, therefore the balance was transferred back into the General Fund as a non-governmental inter fund transfer of $260,000+. Total expenditures and fund balance for the Improvement Bond Revenue Fund were $485,018. The Capital Improvement Fund, created to account for the major capital outlay improvement projects, totaled $505,745 in expenditures, with revenues including fund balance of $613,272. The Bond Construction Fund was the fund created to account for the expenditure of the 1994 bond proceeds to refinance existing debt, Country Club Drive improvements, Tequesta Park, and Constitution Park. Village Manager Bradford reported the Village had won the appeal in the Constitution Park lawsuit brought against the Village by Donald H. French, Louise Johnston, and Tammy D. Lenardo. The total revenues and fund balance VILLAGE COUNCIL MEETING MINUTES SEPTEMBER 2$, 1995 PAGE 4 for the Bond Construction Fund were $426,927. Village Manager Bradford reported that indication had been received from Karen Marcus, District 1 County Commissioner, that the County would pledge $50,000 to Constitution Park. Expenditures and fund balance for the Bond Construction Fund were also $426,927. The Water Department Enterprise Fund, the fund created to account for revenues and expenditures associated with the Tequesta Water Department, had a balance of total revenues and fund balance including refuse and recycling of $2,756,940. The expenditures were as follows: Pumping and Storage $1,298,970; Distribution $293,275; and Administration $493,275, for total operating expenses of $2,085,520. Water Department Debt Service for the final year of the 1985 bonds: $290,855. Aid to Community Organizations: $12,500. Total operating expenses, debt service, and non-governmental expenditures totaled $2,848,590. Major Capital Expenditures: Renewal and Replacement Fund $195,525; Capital Improvement Fund $29,800; and Retained Earnings (including the centralized garage, wells, r/o expenses, Cypress Drive drainage project - totaled $1,659,600. Total for the Water Department Enterprise Fund including refuse and recycling - $4,733,515. The Law Enforcement Trust Fund, required by the State to account for drug seizures, had a total balance of $1,366, which could not be spent without approval of the Village Council, Village Manager Bradford recommended that the Village Council adopt the budget and millage rate. Councilmember Schauer expressed her appreciation for the reduced millage rate since the first budget hearing. Councilmember Capretta commented on the low amount of debt carried by the Village, and the fact that the Village could hardly meet the budget and pay expenses even with very trivial debt. Councilmember Capretta stated that the Village could not continue to let their facilities deteriorate year after year without replacement, and in order to accomplish that debt must increase and a way must be found to increase the assessed value of the Village from $344,000,000 towards $400, 000, 000 so that with the same tax rate much more VILLAGE COUNCIL MEETING MINUTES SEPTEMBER 28, 1995 PAGE 5 revenue could be generated to accommodate debt service. Vice Mayor Burckart commended staff on the budget, and agreed with Councilmember Capretta's comments. Vice Mayor Burckart commented that ordinances and projects approved by the Village Council would improve the Village, adding to the assessed value, and would encourage new development, thereby causing the tax base to increase. Mayor Mackail agreed with the Vice Mayor and with Councilmember Capretta, and expressed concern that the Village must very quickly address the exact direction they would undertake to increase the assessed value. Mayor Mackail stated that investment must be put back into the Village. Mayor Mackail complimented staff on the budget. No members of the public responded to Mayor Mackail's call for public comment. Councilmember Capretta commented that he believed the public wanted the Village kept small with a larger fire rescue and police force per thousand than other communities, with parks for children, with landscaping to make the town look better, etc., and that could only be kept up for so long without increasing revenue. Councilman Capretta commented that Village facilities must be improved; that the fire and police facilities were inadequate and the firemen were living under conditions that were not what the public would want for them. Councilmember Capretta urged the public to speak so the Village Council would know if the picture he had painted was actually what the residents wanted. Arnold Blum, 410 Tequesta Drive, stated he approved of the budget and of the Village. Mr. Blum expressed concern that Mr. DiVosta might be planning to build low income housing within the Village, and recommended that the Council get assurances in writing regarding what would be built so that the growth of the town could be managed; since $75,000 or $80,000 units would cause the value of $110,000 to $125,000 single family homes in the Village to drop. Councilmember Capretta announced an upcoming Redevelopment Committee meeting to be held with developers, and stated that the Village Council did not VILLAGE COUNCIL MEETING MINUTES SEPTEMBER 28, 1995 PAGE 6 want hundreds of low-cost units. Mr. Blum questioned whether there was an allowance for repairs, maintenance and upkeep of Village facilities. Marco Valdez, 102 Beechwood, stated he had attended the meeting because of the high tax rate in the newspaper and wanted to clarify that the rate was down. Mayor Mackail responded that the rate was set higher than anticipated so that the Village would not have to go through the process of sending out certified mail to every resident. Village Attorney Randolph read Resolution 31-1994/1995, Providing for Levying a Millage Rate of $6.3425 per $1000 of taxable valuation (6.3425 mills ) for FY 1995/1996, in its entirety. Councilmember Hansen made a motion to adopt Resolution No. 31-94/95. Motion was seconded by Vice Mayor Burckart. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for The motion was therefore passed and adopted. Village Attorney Randolph read Resolution 31-1994/1995, Providing for Levying a Millage Rate of $6.3425 per $1000 of taxable valuation (6.3425 mills ) for FY 1995/1996, in its entirety. Councilmember Hansen made a motion to adopt Resolution No. 31-94/95. Motion was seconded by Vice Mayor Burckart. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - for Carl C. Hansen - for VILLAGE COUNCIL MEETING MINUTES SEPTEMBER 28, 1995 PAGE 7 Joseph N. Capretta - for The motion was therefore passed and adopted. Village Attorney Randolph read Resolution 32-1994/1995, Providing for the Adoption of the Village Budgets for FY 1995/1996 Commencing October 1, 1995, in its entirety. Councilmember Schauer made a motion to adopt Resolution No. 32-94J95. Motion was seconded by Vice Mayor Burckart. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for The motion was therefore passed and adopted. B) PROPOSED ZONING ORDINANCE AMENDMENTS 1) Ordinance - Second Reading - AMENDING ZONING ORDINANCE NO. 355, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE VILLAGE, AT SECTION VIII, OFF-STREET PARKING AND LOP,DING REGULATIONS; BY AMENDING THE TITLE OF SECTION VIII BY ADDING ON- STREET TO THE TITLE; BY AMENDING SUB-SECTION (A) , APPLICATION OF REGULATIONS AT PARAGRAPH (1), BY REWRITING PARAGRAPH {1) TO ADD ON-STREET PARKING LANGUAGE, TO CHANGE THE MINIMUM PARKING SPACE SIZE DIMENSIONS, AND TO PROVIDE FOR AN ALLOWANCE OF A PERCENTAGE OF C~iPACT SIZE PARKING SPACES; BY AMENDING SUB-SECTION (D), MARKING, AT PARAGRAPH (1) , BY AMENDING THE REQUIREMENTS TO REQUIRE DOUBLE-PAINTED LINES AT ALL 9' X 18' AND 8' X 16' PARKING SPACES; BY AMENDING SUB-SECTION (H) , OFF- STREET PARKING SPACE REQUIREMENTS, BY ADDING ON- S THE E T TO THE TITLE AND BY FURTHER AMENDING SUB- SECTI~T (H) AT PARAGRAPH (24) AND (29) TO AMEND THE FORMULAS FROM {100) SQUARE FEET AND (175) SQUARE VILLAGE COUNCIL MEETING MINUTE S SEPTEMBER 28, 1995 PAGE 8 FEET TO READ (250} SQUARE FEET, RESPECTIVELY; PROOVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. a) Ordinance Read by Title b) Overview of Ordinance c) Village Council and Public Comments d) Motion to Adopt/Reject Ordinance on First Reading Village Attorney Randolph read the above Ordinance by title only. Building Official Scott D. Ladd reported that this Ordinance was a result of a Village Council Workshop meeting held at the K-Mart site which recognized the dilemma faced by commercial properties in meeting Ordinance 377 requirements while retaining parking necessary for business; and explained that this ordinance would help commercial properties meet Ordinance 377 by alleviating current parking regulations. Vice Mayor Burckart expressed his wholehearted support for this ordinance. There were no comments from the public. Councilmember Schauer made a motion to approve Ordinance One on Second Reading by title only. Motion was seconded by Vice Mayor Burckart. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for The motion was therefore passed and adopted. 2) Ordinance - Second Reading - AMENDING ZONING VILLAGE COUNCIL MEETING MINUTES SEPTEMBER 28, 1995 PAGE 9 ORDINANCE NO. 355, AS AMENDED, BY AMENDING SECTION X, SUPPLEMENTAL REGULATIONS APPLYING TO A SPECIFIC, TO SEVERAL OR TO ALL DISTRICTS, BY ADDING A NEW SUB-SECTION (R), MULTI-FAMILY RECYCLABLE MATERIAL FACILITIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. a) Ordinance Read by Title b) Overview of Ordinance c) Village Council and Public Comments d) Motion to Adopt/Reject Ordinance on First Reading Village Attorney Randolph read the above Ordinance by title only. Building Official Scott D. Ladd explained that this was a new section to the Zoning Code which would create Subsection R, Multi-Family Recycled Material Facilities, and that the modification requested by Village Council at first reading had been made. All new multifamily facilities would be required to provide space for recycling or if they met the exception would not be required to do so. All existing multifamily buildings had the option to provide such facilities and were encouraged to do so, .but were not mandated to provide them. Councilmember Hansen and Vice Mayor Burckart expressed approval that the existing multifamily buildings would have a choice. There were no comments from the public. Councilmember Hansen made a motion to approve Ordinance Two on Second Reading by title only. Motion was seconded by Vice Mayor Burckart. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - for VILLAGE COUNCIL MEETING MINUTES SEPTEMBER 28, 1995 PAGE 10 Carl C. Hansen - for Joseph N. Capretta - for The motion was therefore passed and adopted. 3) Ordinance - Second Reading - AMENDING ZONING ORDINANCE NO. 355, AS AMENDED, HY AMENDING SECTION X, SUPPLEMENTAL REGULATIONS APPLYING TO A SPECIFIC, TO SEVERAL OR TO ALL DISTRICTS, HY AMENDING SUB- SECTION (A), GENERAL PROVISIONS, PARAGRAPH (1), MISCELLANEOUS STRUCTURES, SUB-PARAGRAPH (b) HY REWRITING SAID SUB-PARAGRAPH TO INCLUDE LANGUAGE REGARDING EIGHTEEN INCH (18") OR LESS IN SIZE SATELLITE ANTENNA SYSTEMS; BY AMENDING SUB-SECTION (E), SWIMMING POOL REGULATIONS, PARAGRAPH (5) BY REWRITING THE PARAGRAPH TO REFERENCE THE STANDARD SWIMMING POOL CODE, LATEST ADOPTED EDITION; BY AMENDING SUB-SECTION (M) , SITE PLAN; PREREQUISITE TO BUILDING PERMIT ISSUANCE, PARAGRAPH (1), SITE PLAN REVIEW, SUB-PARAGRAPH (h), BY ADDING REVISED LANGUAGE TO THE LEVEL OF SERVICE STANDARDS IN ITEM 1, TRAFFIC; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. a) Ordinance Read by Title b) Overview of Ordinance c) Village Council and Public Comments d) Motion to Adopt/Reject Ordinance on First Reading Village Attorney Randolph read the above Ordinance by title only on second reading. Building Official Ladd indicated this ordinance included changes due to the recent Comprehensive Plan amendment regarding Country Club Drive and Seabrook Drive; that the reference to 18-inch or less diameter satellite dishes had been a result of several inquiries by residents who wished to purchase such a dish; and that reference to the VILLAGE COUNCIL MEETING MINUTES SEPTEMBER 28, 1995 PAGE 11 updated swimming pool code would be compatible with the 1994 Swimming Pool Code. Building Official Ladd provided an overview of the differences between the County swimming pool code and that of the Village. Councilmember Schauer commented that this ordinance would exempt the Village Hall so that it would no longer be in violation of the antenna requirements. There were no comments from the public. Councilmember Schauer made a motion to approve Ordinance Three on Second Reading by title only. Motion was seconded by Vice Mayor Burckart. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for The motion was therefore passed and adopted. 4) Ordinance - Second Reading - AMENDING ORDINANCE NUMBER 355, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE VILLAGE, AT SECTION XII THEREOF RELATING TO SIGN REGULATIONS, AT PARAGRAPH O, REGULATING THE DISPLAY OF POLITICAL SIGNS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. a) Ordinance Read by Title b) Overview of Ordinance c) Village Council and Public Com;nents d) Motion to Adopt/Reject Ordinance on First Reading Village Attorney Randolph read the above Ordinance by title only on second reading, and explained that this had resulted because of recent legislation VILLAGE COUNCIL MEETING MINUTES SEPTEMBER 28, 1995 PAGE 12 which did not allow the Village to prohibit the signs, therefore, this Ordinance would not prohibit the signs, but would regulate them. Vice Mayor Burckart made a motion to approve Ordinance Four on Second Reading by title only. Motion was seconded by Councilmember Hansen. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for The motion was therefore passed and adopted. 5) Ordinance - Second Reading - AMENDING ZONING ORDINANCE NO. 355, AS AMENDED, BY AMENDING SECTION VII, SCHEDULE OF REGULATIONS AND APPLICATION OF REGULATIONS, SUS-SECTION (D), SCHEDULE OF DISTRICT AND USE REGULATIONS, PARAGRAPH (9), MU MIXED-USE DISTRICT SUB-FARAGRAPH (I), SPECIAL EXCEPTION USES, BY ADDING A NEW SPECIAL EXCEPTION USE, PRIVATE SCHOOLS/SCHOOLS OF INSTRUCTION; BY AMENDING (m), PROPERTY DEVELOPMENT STANDARDS; HY AMENDING THE PARKING REQUIREMENTS AND REFERENCING LANDSCAPING REQUIREMENTS AND SIGNAGE REQUIREMENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. a) Ordinance Read by Title b) Overview of Ordinance c) Village Council and Public Comments d) Motion to Adopt/Reject Ordinance on First Reading Village Attorney Randolph read the above Ordinance by title only on second reading. Building Official Scott D. Ladd reported that VILLAGE COUNCIL MEETING MINUTES SEPTEMBER 28, 1995 PAGE 13 certain property owners had been approached regarding placing private schools on their property and requested this type of use in the Mixed-Use District. Mr. Ladd also commented that BRITT was licensed as a school of instruction and would now be able to operate within the Mixed Use District. Building Official Ladd explained that this ordinance would also make clear to a developer that signage and parking regulations were in the control of the Village Council. There were no comments by Councilmembers or by the public. Vice Mayor Burckart made a motion to approve Ordinance Five on Second Reading by title only. Motion was seconded by Councilmember Schauer. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for The motion was therefore passed and adopted. 6) Ordinance - Second Reading -AMENDING ORDINANCE NO. 355, AS AMENDED, BY AMENDING SECTION X, SUPPLEMENTAL REGULATIONS, APPLYING TO A SPECIFIC, TO SEVERAL OR TO ALL DISTRICTS, SUB-SECTION (m) SITE PLAN; PRE-REQUISITE TO BUILDING PERMIT ISSUANCE, BY AMENDING SUB-PARAGRAPH (4), APPLICATION PROCESS, BY REQUIRING VILLAGE COUNCIL APPROVAL PRIOR TO COMMUNITY APPEARANCE BOARD REVIEW AND BY ADDING A PROVISION FOR A EXPEDITED SITE PLAN REVIEW PROCESS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. a) Ordinance Read by Title b) Overview of Ordinance c) Village Council and Public Com4nents VILLAGE COUNCIL MEETING MINUTES SEPTEMBER 28, 1995 PAGE 14 d) Motion to Adopt/Reject Ordinance on First Reading Village Attorney Randolph read the above Ordinance by title only on second reading. Village Manager Bradford reported that this Ordinance would amend the process for site plan reviews, set forth a timetable for Building Official submittal of all site plan applications-- within 45 days to the Village Council, and require Village Council action prior to Community Appearance Board action, and create the provision for expedited site plan review. Village Manager Bradford inquired whether Village Council would like to postpone this second reading until their October 12, 1995 meeting in order to first hold the Redevelopment Committee meeting with the developers. Councilmember Schauer commented on the expiration of building permits after one year. Building Official Ladd responded that was current practice and was not new in this Ordinance. There were no further comments by Village Council or the public. Councilmember Schauer made a motion to defer second reading of Ordinance Six until October 12, 1995. Motion was seconded by Councilmember Hansen. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for The motion was therefore passed and adopted. 7) Ordinance - Second Reading - AMENDING ZONING ORDINANCE NO. 355, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE VILLAGE OF TEQUESTA, BY AMENDING SECTION XIV, NON- CONFORMING USES, AT SUBSECTION {A){7) RELATING TO VILLAGE COUNCIL MEETING MINUTES SEPTEMBER 28, 1995 PAGE 15 DESTRUCTION BY FIRE OR OTHER ACT SO AS TO ALLOW STRUCTURES LOCATED IN THE R-3 ZONING DISTRICT LOCATED EAST OF THE INTRACOASTAL WATERWAY WHICH ARE DESTROYED BY MORE THAN FIFTY PERCENT OF THEIR ASSESSED VALUE TO BE RECONSTRUCTED; PROVIDING FOR EXCEPTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION, PROVIDING AN EFFECTIVE DATE. a) Ordinance Read by Title b) Overview of Ordinance c) Village Council and Public Comments d) Motion to Adopt/Reject Ordinance on First Reading Village Attorney Randolph read the above Ordinance by title only on second reading. Village Attorney Randolph stated that this Ordinance would allow nonconforming uses which exist along Beach Road to be rebuilt if destroyed by more than 50°s of their assessed value. Vice Mayor Burckart questioned whether 90 days would allow time for plans to be presented after a disaster. After discussion it was decided to change 90 days to 180 days. Village Attorney Randolph explained that only a building permit must be applied for within 90 days, and that this only applied to buildings destroyed less than 50% of their assessed value. Councilmember Hansen suggested insertion of the word "plan". After further discussion, it was the consensus of the Village Council to approve this Ordinance as presented and to instruct the Building Official to place this Ordinance on a list for changes with the next group of Ordinance changes, and to determine what time frame for reconstruction was used in the ordinances of other municipalities. There were no further comments by the Village Council or by the public. VILLAGE COUNCIL MEETING MINUTES SEPTEMBER 28, 1995 PAGE 16 Vice Mayor Burckart made a motion to approve Ordinance Seven on Second Reading by title only. The motion was seconded by Councilmember Schauer. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for The motion was therefore passed and adopted. 8) Ordinance - First Reading -AMENDING ORDINANCE NO. 355 OF THE VILLAGE, THE COMPREHENSIVE ZONING ORDINANCE, AS AMENDED, AT SECTION XIII, BOARD OF ADJUSTMENT, AMENDING SAID SECTION SO AS TO PROVIDE THAT THE BOARD OF ADJUSTMENT SHALL CONSIDER AND HEAR APPEALS AND VARIANCES RELATING TO SINGLE FAMILY STRUCTURES IN THE SINGLE-FAMILY ZONING DISTRICTS OF THE VILLAGE; CREATING A NEW SECTION XIV, APPEALS AND VARIANCES BY THE VILLAGE COUNCIL; PROVIDING THAT THE VILLAGE COUNCIL SHALL HEAR APPEALS AND VARIANCES RELATING TQ ALL OTHER ZONING DISTRICTS AND PROPERTIES NOT UNDER THE JURISDICTION OF THE BOARD OF ADJUSTMENT; ESTABLISHING PROCEDURES; PROVIDING FOR POWERS AND DUTIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. a) Ordinance Read by Title b) Overview of Ordinance c) Village Council and Public Comments d) Motion to Adopt/Reject Ordinance on First Reading Village Attorney Randolph read the above Ordinance by title only on first reading. Village Attorney Randolph read aloud from Section A of the Ordinance which explained which variances would be considered by Village Council and which would be considered by the Board of Adjustment. VILLAGE COUNCIL MEETING MINUTES SEPTEMBER 28, 1995 PAGE 17 Building Official Ladd responded to Councilmember Hansen that the Board of Adjustment would retain approximately 900 of their present work load and approximately 10o would go to the Village Council. Vice Mayor Burckart suggested a new number (7) be inserted on page 5 containing language that variances would be in the best interest of the taxpayers and residents of the Village. Vice Mayor Burckart explained this would allow a more expensive building to be constructed on a lot than allowed by provisions of the Ordinance, with the idea that by allowing flexibility the tax base would be raised. Village Attorney Randolph advised against adoption of the Vice Mayor's suggestion, which would allow too much discretion to the Village Council, and stated he was not sure whether it was a legitimate concern of the Village in granting a variance. During ensuing discussion, the Vice Mayor stated that there did not seem to be a process to work within the zoning code to allow flexibility in districts other than MU. Building Official Ladd commented that variances must be based on hardship. Councilmember Capretta commented that this would come up again, the Council would be frustrated, and then the Council would be forced to change the codes instead of granting a variance. James Mangorn questioned whether Board of Adjustment decisions could be appealed to the Village Council and was advised that appeal would be to the Circuit Court. Coucilmember Hansen made a motion to approve Ordinance Eight on First Reading by title only. Motion was seconded by Councilmember Schauer. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for VILLAGE COUNCIL MEETING MINUTES SEPTEMBER 28, 1995 PAGE 18 The motion was therefore passed and adopted. 9) Ordinance - First Reading -AMENDING ORDINANCE NO. 355, AS AMENDED, HY AMENDING SECTION X, SUPPLEMENTAL REGULATIONS APPLYING TO A SPECIFIC, TO SEVERAL OR TO ALL DISTRICTS, BY ADDING A NEW SUB- SECTION (S), HOME OCCUPATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. a) Ordinance Read by Title b) Overview of Ordinance c) Village Council and Public Comments d) Motion to Adopt/Reject Ordinance on First Reading Village Attorney Randolph read the above Ordinance by title only on first reading. Building Official Ladd explained that this would create a new section of the zoning code, based upon national standards to deal with the rapidly escalating trend of home-based businesses. Mr. Ladd commented that the list had been reduced and an annual fire inspection had been added. Councilmember Hansen expressed concern that home businesses would create additional traffic on residential streets, but stated he was happy with the ordinance as amended. Vice Mayor Burckart suggested the addition of one additional employee since many home businesses required the services of a secretary. Ensuing discussion included comments by Building Official Ladd that guidelines had indicated only the business owner and members of the owner's immediate family were allowed to work there, that outside employees would be difficult to monitor, and would create additional traffic. Vice Mayor Burckart pointed out that Palm Beach County allowed one employee and reality was that many people were operating that way. VILLAGE COUNCIL MEETING MINUTES SEPTEMBER 28, 1995 PAGE 19 Arnold Blum commented that the Vice Mayor's comments were very justified, and suggested the situation might be addressed by creating sufficient off-street parking, and questioned the requirement for an annual fire inspection for home-based businesses such as consulting. Mr. Blum suggested each type of business be regulated according to whether they used hazardous materials in the business in requiring a fire inspection. Chief Weinand agreed, as long as electrical was not overloaded. Mr. Blum suggested only inspecting the first time rather than annually. Village Attorney Randolph explained this Ordinance would provide a means to regulate existing home businesses. Mr. Blum agreed with the need for regulation but cautioned against over regulation. Further discussion ensued regardi allow one employee, and whether more time employee would constitute employee. Councilmember Hansen motion be adopted as submitted and to see if changes were needed. ng whether to than one part- one full-time suggested the then monitored Gail Murray, 127 Pine Hill Trail., commented that one additional employee coming to a residence would be no different than home nursing or someone coming in to clean, etc., in regard to traffic. Village Attorney Randolph explained this did not attempt to address non-business items, but only businesses being conducted from homes. Councilmember Schauer explained she had requested this ordinance because people had complained that Tequesta did not allow home businesses. Ms. Murray stated she was in favor of home businesses and had no problem with the Village Council adopting the ordinances as submitted. Councilmember Hansen made a motion approve Ordinance Nine on First Reading by title only. The motion was seconded by Councilmember Schauer. Wade Griest questioned who would decide that a business existed in a home, and cited examples VILLAGE COUNCIL MEETING MINUTES SEPTEMBER 28, 1995 PAGE 20 of a landscaper and caterer. Village Attorney Randolph advised that the Village would learn of the businesses through people applying for occupational licenses and through complaints. The meaning of professional ho~ee office was explained as encompassing consultants, realtors, etc. Building Official Ladd explained that the intent of the County in allowing one employee was to address training facilities and riding instruction, etc. which exist in places such as the acreage. Councilmember Schauer requested that this matter be monitored so that the ordinance could be changed to include one employee if people requested it. Mr. Ladd responded that the question would be asked with every application. Mr. Blum conanented that he used a computer in his home in relation to his business in North Palm Beach, and this ordinance did not address that. Mayor Mackail explained that was not the intent of this ordinance. Village Attorney Randolph explained that this ordinance was intended to take care of obvious problems. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for The motion was therefore passed and adopted. V. CONSENT AGENDA All items listed with an asterisk (*} are considered to be routine and will be enacted by one motion. There will be no separate discussion of these items unless a Village Councilmember so requests, in which event, the item will be removed from the Consent Agenda of Business and considered in its normal sequence on the Agenda. The following items were listed on the Consent Agenda: VI. APPROVAL OF MINUTES AND REPORTS VILLAGE COUNCIL MEETING MINUTES SEPTEMBER 28, 1995 PAGE 21 *A) Board of Adjustment; August 21, 1995 *B) Village Council Workshop Meeting; September 6, 1995 *C) Village Manager's Report; September 11 - September 22, 1995 VIII. NEW BUSINESS D) Consideration of Bid Award to Well Water Systems of Fort Myers, Florida, in the Amount of $40,100 for the Drilling of We11 26 Having an FY 1996 Water Enterprises Fund Retained Earnings Account Budget Allocation of $200,000. (Staff Recommends Approval) E) Consideration of Bi d Award t o Meredith Associates, Ltd. Of Orlando, Florida, in an Amount not to Exceed $48,000 for the Annual Well Rehabilitation Program, Having an FY 1996 Water Enterprise Fund, Operation and Maintenance Fund Budget Allocation of $48,000. (Staff Recommends Approval) G) Consideration of Bid Award for Reverse Osmosis Test/Production We11 to Meredith Associates, Ltd. Of Orlando, Florida in the Amount of $325,000, Having an FY 1996 Water Enterprise Fund, Retained Earnings Account Budget Allocation of $340,000. (Staff Recommends Approval ) Motion was made by Councilmember Schauer to approve the Consent Agenda as submitted. The motion was seconded by Vice Mayor Burckart. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - for Cari C. Hansen - for VILLAGE COUNCIL MEETING MINUTES SEPTEMBER 28, 1995 PAGE 22 Joseph N. Capretta - for The motion was therefore passed and adopted and the Consent Agenda was approved as submitted. VIII. DEVELOPMENT MATTERS A) Landscape Ordinance No. 377 Plan Review; Landscape Waiver Request; Christ the King Evangelical Church, 46 Willow Road, George Gentile & Associates, Landscape Architect. Landscape Architect Troy Holloway reviewed the requested waivers for elimination of the opaque fence requirement and a five-year phasing plan to allow time for fund raising activities to pay for the landscaping additions. Councilmember Hansen verified that the Department of Community Development would monitor the phasing over the 5-year period. Village Manager Bradford explained that one of the assignments of the Code Enforcement Officer was to make a site visit to every property having received a site plan review within the Village once in every 24-month period; and that the Code Enforcement Officer would take the approved site plan to the site to verify the status relative to what had been approved. At Councilmember Capretta's request, Mr. Holloway reviewed the plantings and parking lot improvements, which would cost approximately $60,000. Village Attorney Randolph suggested that when a fence or other object was required and landscaping was desired as a substitute that a recorded document running with the land could be required. Bill Property Chairman at the church, explained that many of the homes around the perimeter of the church property already had fences on the property line. It was the consensus of the Village Council that a recorded document would not be necessary in this case. Vice Mayor Burckart made a motion to approve Landscape Ordinance 377 Plan Review for Christ the King VILLAGE COUNCIL MEETING MINUTES SEPTEMBER 28, 1995 PAGE 2 3 ------------------ Evangelical Church. The motion was seconded by Councilmember Schauer. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for The motion was therefore passed and adopted. B) Landscape Ordinance No. 377 Plan Review; Landscape Waiver Request; Tequesta Garden Condominium Association, 10 Westwood Avenue; Rood Landscape, Landscape Architect. Vice Mayor Burckart suggested this item be approved even though the landscape architect was not present, since the Councilmembers had all reviewed the plan and it had been approved by the Community Appearance Board. Alec Cameron offered to answer any questions. Councilmember Capretta made a motion to approve Landscape Ordinance 377 Plan Review for Tequesta Garden Condominium Association. The motion was seconded by Councilmember Schauer. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for The motion was therefore passed and adopted. IX. NEW BUSINESS A) Authorization for Mayor Mackail to Execute Memorandum to Department of Co~nunity Affairs Requesting $3,518 Payment under the Evaluation and Appraisal Report VILLAGE COUNCIL MEETING MINUTES SEPTEMBER 28, 1995 PAGE 24 ------------------ Assistance Program. (Staff Recommends Approval) Vice Mayor Burckart made a motion to approve Mayor Mackail's authorization. The motion was seconded by Councilmember Hansen. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for The motion was therefore passed and adopted. B) Resolution No. 33-94/95 - Accepting the Terms and Conditions of the EMS Award Grant with the Palm Beach County Board of County Commissioners for Monies Received from Grant Applications Completed for 1995. (Staff Recommends Approval) Vice Mayor Burckart made a motion to approve Resolution 33-94/95. The motion was seconded by Councilmember Schauer. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for The motion was therefore passed and adopted. Village Attorney Randolph read Resolution 33-94/95 by title only. C) Ordinance - First Reading - Amending Chapter 4 of the Code of Ordinances "Animals and Fowl" at Section 4-19, Impounding, Paragraph (e), so as to Amend the Impound Fee. (Staff Recommends Approval) Village Attorney Randolph read the above Ordinance by VILLAGE COUNCIL MEETING MINUTES SEPTEMBER 28, 1995 PAGE 25 title only on first reading. Vice Mayor Burckart made a motion to approve the above Ordinance on first reading by title only. The motion was seconded by Councilmember Hansen. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for The motion was therefore passed and adopted. F) Consideration of Bid Award for Equipanent and Piping of Wells 26 and 27 to TLC Diversified of West Palm Beach, Florida, in the Amount of $205,852, Having an FY 1996 Water Enterprise Fund, Retained Earnings Account Budget Allocation of $360,000. (Staff Recommends Approval) This item had been pulled from the Consent Agenda at the request of Councilmember Schauer, who questioned the significant improvement in the performance of subcontractor Electron Corporation of South Florida. Tom Jensen, of Reese Macon and Associates, Inc., explained that this subcontractor had performed poorly on a past project because of a very bad divorce which resulted in both personal and business problems; however, in checking with other firms it was learned that during the past four to five years his performance had improved dramatically. Vice Mayor Burckart made a motion to approve the bid award to TLC Diversified of West Palm Beach, Florida. The motion was seconded by Councilmember Schauer. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for VILLAGE COUNCIL MEETING MINUTES SEPTEMBER 28, 1995 PAGE 26 Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for The motion was therefore passed and adopted. H) Resolution No. 34-94/95 - Approving an Engineering Services Proposal of Reese, Macon & Associates, Inc. Of Lake Worth, Florida, for Well 26 Design and Construction Services in the amount of $32,800, Having an FY 1996 Water Enterprise Fund Retained Earnings Budget Allocation Balance of $58,175 and Authorizing the Village Manager to Execute the Same. (Staff Recommends Approval) Village Attorney Randolph read Resolution No. 34-94/95 by title only. Councilmember Schauer made a motion to approve Resolution No. 34-94/95. The motion was seconded by Vice Mayor Burckart. The vote on the motion was: Ron T. Mackail - for William E, Burckart - for Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for The motion was therefore passed and adopted. I) Resolution No. 35-94/95 - Approving an Engineering Services Proposal of Reese, Macon & Associates, Inc. Of Lake Worth, Florida, in the amount of $28,000 for Reverse Osmosis Test/Production Well Construction Administrative Services, Having an FY 1996 Water Enterprise Fund Retained Earnings Budget Allocation Balance of $35,000 and Authorizing the Village Manager to Execute the Same. (Staff Recommends Approval) Village Attorney Randolph read Resolution No. 35-94/95 by title only, VILLAGE COUNCIL MEETING MINUTES SEPTEMBER 28, 1995 PAGE 27 Councilmember Capretta explained the reverse osmosis process. Councilmember Capretta made a motion to approve Resolution No. 35-94/95. The motion was seconded by Councilmember Schauer. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for The motion was therefore passed and adopted. J) Resolution No. 36-94/95 - Approving the Declaration of Restrictive Covenants for a Portion of the Right-of- Way of Country Club Drive. (Staff Recommends Approval) Village Attorney Randolph read Resolution No. 36-94/95 by title only. Village Manager Bradford explained that this was a different resolution from the one sent in the Village Councilmembers' packets, and contained the following changes: Deleted references to Seabrook Road; Exhibit A was strictly a legal description pertaining to Country Club Drive; The Declaration of Restrictive Covenants was to be marked as Exhibit B; numbers 2 and 3 on page 2 of the Declaration had been changed so that the Village Council could have the ability to provide for cul-de-sacs, roundabouts, or traffic circles as well as turn lanes at intersections within the restricted areas of the right-of-way. This Ordinance would eliminate the possibility of 4-laning and would give the power to provide other traffic design techniques. Councilmember Hansen made a motion to approve Resolution No. 36-94/95. The motion was seconded by Vice Mayor Burckart. The vote on the motion was: VILLAGE COUNCIL MEETING MINUTES SEPTEMBER 28, 1995 PAGE 28 Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for The motion was therefore passed and adopted. IX. UNFINISHED BUSINESS A) Ordinance - Second Reading - Amending Chapter 16 of the Code of Ordinances of the Village of Tequesta by Amending Section 16-2, Administrative Costs, Sub- section (a), Base Application Fees, Paragraph (7); By Adding New Sub-Paragraph 7, f; Expedited Site Plan Review; Providing for Severability; Providing for Codification; Providing an Effective Date. {Staff Recommends Approval) Village Attorney Randolph read the above Ordinance by title only on second reading. Village Manager Bradford recommended that the Village Council delay second reading of this Ordinance and also the next Ordinance on the agenda until after the Redevelopment Committee's upcoming meeting with developers. H) Ordinance - Second Reading - Amending Chapter 7 of the Code of Ordinances at Section 7 of the Code of Ordinances of the Village of Tequesta at Section 7-4. Relating to Meetings; Records; Approval of Plans; Appeals from Board and Decisions of the Community Appearance Board; Providing for Severability; Providing for Repeal of Ordinances in Conflict; Providing for Codification; Providing an Effective Date. (Staff Recommends Approval) Councilmember Hansen made a motion to postpone agenda items VILLAGE COUNCIL MEETING MINUTES SEPTEMBER 28, 1995 PAGE 29 IX(A) and IX(B) until the October 12, 1995 Village Council Meeting. The motion was seconded by Vice Mayor Burckart. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for The motion was therefore passed and adopted. C) Ordinance - Second Reading - Amending Chapter 11.5, Motor Vehicles and Traffic, At Section 11.5-20 so as to Increase the Fines for Violations from $10.00 to $20.00; Further to Provide a Fine far Unlawful Parking in a Properly Marked Designated Handicapped Parking Space without a Proper Permit; Providing for Severability; Providing for Repeal of Ordinances in Conflict; Providing for Codification; Providing an Effective Date. (Staff Recommends Approval) Village Attorney Randolph read the above Ordinance by title only on Second Reading. Councilmember Schauer made a motion to approve the above Ordinance on second reading by title only. The motion was seconded by Councilmember Hansen. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for The motion was therefore passed and adopted. X. ANY OTHER MATTERS VILLAGE COUNCIL MEETING MINUTES SEPTEMBER 28, 1995 PAGE 30 Councilmember Schauer stated she was SAC (School Advisory Committee) Chairperson for Jupiter High School, and that the accreditation for the high school was in jeopardy, which could possibly prevent graduating seniors in 1996J97 from acceptance at accredited colleges. Councilmember Schauer reported she had contacted the Southern Association of Colleges and Schools in Orlando who were sending their criteria, and who had advised that Jupiter High School's warned status could not be disputed or rebutted. Commissioner Marcus supported Councilmember Schauer's proposal that all municipalities write letters to the School Board expressing their concern, since this problem was created by the School Board in allowing the student/teacher ratio to become unacceptable. Information was being obtained regarding how many other high schools were affected. Mayor Mackail commented there was a major concern among the Mayors of surrounding municipalities, and that all of the municipalities would also write letters. Vice Mayor Burckart proposed that a suggestion be included in the letter that teachers being cut back in the elementary schools could be reassigned to the high school to provide a better ratio. It was the consensus of the Village Council that all of the Councilmembers would sign the letter. Water Department Director Tom Hall responded to Councilmember Hansen's request for an update on the centralized garage that two packets had been received that week from Gee and Jenson, one requesting qualifications for design/build teams and the other containing the design/build criteria. A 4 to 6 week setback had been experienced when the primary consultant at Gee and Jenson had suffered a heart attack. Mr. Hall stated that the Village hoped to be in this new facility in ten months. Mr. Hall verified that this building would be fully expandable, and that concrete slabs could be for future expansion, and would be situated on the site so that expansion to the south could be accomplished. Mr. Hansen inquired as to the status of the study which was to be conducted on the Village Hall buildings. Village Clerk Manganiello explained that the Life Safety and Code Compliance Study, which dealt with fire code compliance, Americans with Disabilities Act (ADA) compliance, and indoor VILLAGE COUNCIL MEETING MINUTES SEPTEMBER 28, 1995 PAGE 31 air quality, had been completed. Ms. Manganiello explained staff had been waiting for Phase 2 of the Gee and Jenson Engineering Service proposal for the Master Facilities Plan, which was now also completed, and both would be presented first to the Finance and Administration Committee in October, and then to the Village Council. Councilmember Capretta reported completion of the library except for interior shelves, etc., and commented that a process should be started to accomplish the move, that the Palm Beach County Library System had requested a meeting with the current librarian, and that the money collected from residents for books, etc. should be utilized. Councilmember Capretta suggested that in order for the library to be truly a Tequesta library that a board made up of interested citizens should be established to work with the librarian to help get volunteers, money, etc., and requested that a notice be placed in the next Village newsletter to make people aware that residents were needed to participate. Village Manager Bradford reported that the library would be open before the Grand Opening took place. XI. COI~IUNICATION5 FROM CITIZENS Peggy Virhoven, 18996 Point Drive, inquired where businesses should complain about the structure of U.S. One blocking entrances to their businesses. Ms. Virhoven was instructed to refer the businesses to DOT. Ms. Virhoven inquired as to the status of the minimum property standards which had been discussed at previous workshop meetings. Mayor Mackail responded that those Ordinances would be on the October 12 Village Council Meeting agenda. XV . ADJOURNMENT Councilmember Hansen moved that the meeting be adjourned. Councilmember Schauer seconded the motion. The vote on the motion was: Ran T. Mackail - for William E. Burckart - for VILLAGE COUNCIL MEETING MINUTES SEPTEMBER 28, 1995 PAGE 32 Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for the motion was therefore passed and adopted and the meeting was adjourned at 9:33 P.M. Respectfully submitted, Betty Laur Recording Secretary ATTEST: Jo n Manganie o Village Clerk DATE APPROVED: ~~ . /~~5.