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HomeMy WebLinkAboutMinutes_Regular_07/27/1995VILLAGE 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 JiTLY 27, 1995 I. CALL TO ORD13R AND ROLL CALL The Tequesta Village Council held a regular meeting at the Village Hall, 357 Tequesta Drive, Tequesta, Florida, on Thursday, July 27, 1995. The meeting was called to order at 7:02 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, and Carl C. Hansen. Also in attendance were: Village Manager Thomas G. Bradford, village Attorney John C. Randolph, and Department Heads. Councilmember Joseph AT. Capretta was absent from the meeting. II. INVOCATION AND PLEDGE OF ALLRGIANCS Councilmember Schauer gave the Invocation and led those in attendance in the Pledge of Allegiance to the American Flag. III. APPROVAL OF AGENDA Councilmember Schauer requested the following items be pulled from the consent agenda: The Village Manager's report regarding the 6/20 staff meeting item 4 and item 11; Agenda Item x(I), and addition under Any Other Matters of three items for discussion (1) police department (2) 3-day forum Kecyded 1'nper Village Council Regular Meeting Minutes July 27, 1995 Page 2 ------------------------ items for discussion (1) police department (2) 3-day forum attended August of 1993, and (3) North County Education Committee. Councilmember Hansen requested discussion of the project on U. S. Highway One under Any Other Matters. Village Manager Bradford requested addition of two items under Any Other Matters: (1) discussion regarding Town of Jupiter water negotiations, and (2) consideration of a bid award for monitor well drilling. Village Attorney Randolph requested deletion of Agenda Item IX (A). Councilmember Haasea moved that the Agenda be approved as amended. vice Mayor Burckart seconded the motion. The vote on the motion was: Roa T. Mackail - for 9Pilliam E. Burckart - for Elizabeth A. Schauer - for Carl C. Hansen - for The motion. was therefore passed and adopted and the Agenda was therefore approved as amended. VI. PIIBLIC HEARINd A) Resolution No. 24-94/95 - Approving the 1995/1996 Solid Haste Collection Services Assessment Roll; and Adopting the Assessment Rates. (Staff Recommends Approval) 1) Resolution Read by Title 2) Overview of Resolution (Bill C. 8ascavelis, Director of Finance) 3) Village Council and Public Co~ammeats 4) Motion to Adopt/Reject Resolution Village Attorney Randolph read Resolution No. 24-94/95 by title only. Finance Director Kascavelis explained this resolution was Village Council Regular Meeting Minutes July 27, 1995 Page 3 ------------------------ a result of a previous resolution adopted by the Village Council for the intent to place the collection of refuse and recycling charges on the ad valorem tax bill rather than on the monthly water bill. The charges had been adjusted to provide a 3.1~ increase to cover a CPI increase per the terms of the franchise agreement with Nichols Sanitation and allowance for the discount realized when tax bills are paid early. Finance Director Kascavelis reported two objection letters were received, (1) from Oscar H. Mayer, 1500 Beach Road, who felt the assessment should be based on consumption instead of a flat rate, and (2) from Elaine B. Leeds, Camellia Circle, who objected to the assessment and stated she was already burdened enough. Alec Cameros, 1 Gardea Street, requested clarification as to whether residents were being charged twice in one year, and expressed a complaint about the notice. Director Kascavelis explained that the notice was prepared as required by Florida Statute, and explained billing cycles. Village Manager Bradford explained that residents would continue to be billed on the water bill up to September 30. Beginning October 1, water bills would not have refuse and recycling charges on them. On November 1 tax bills would be mailed out and would carry charges that would cover refuse and recycling charges until September 30, 1996. Doha Giba, 78 Fairview Bast, stated 95~ of the problems in the world stemmed from poor communication, and one sentence of explanation could have been added to the bottom of the notice. Doha Cuaaiagham, Shay Place, commented that the Village would be using his money to offset the increase and therefore did not need to increase the amount. Couacilmember Schauer moved that the Resolution Wo. 24-94/95 be approved. vice Mayor Burekart seconded the motion. The vote on the motion was: Ron T. Mackail - for village Council Meeting Minutes July 27, 1995 Page 4 ------------------------------- Nilliam E. Burckart Elizabeth A. Schauer Carl C. Haasea - for - for - for The motion was therefore passed aad adopted. V. CONSENT AGENDA All items listed with an asterisk (*) are coasidered to be routine aad will be exacted by one motion. There will be ao separate discussion of these items unless a Village Couacilmember so requests, is which event, the item will be removed from the Coaseat Agenda of Business aad coasidered is its normal sequence on the Agenda. The following items were listed on the amended Coaseat Agenda: V. APPROVAL OF MINUTES AND REPORTS *A) Board of Ad, j us tmen t; fay 22, 1995 *B) Commuzti ty Appearance Board; May 17, 1995 *C) Community Appearance Board; Tune I4, 2995 *D) Tree Board; April I9, 2995 *S) Tree Board, June 14, 1995 *F) YilZage Council Meeting; June 8, 1995 *Q) viZZage Council Workshop Meeting; Jtt1y 11, 1995 VIII. APPOINT~NTS Village Council Meeting ~iautes July 27, 1995 Page 5 *A) Community Appearance Board *1) Consideration of Appointment of Alternate Member Stephen Parker as a Regular Member of the Cammuni ty Appearance Board; filling the unexpired term of Ruth a~i tland, wi th said Term Expiring on September 8, 199 7. *B) Code Enforcement Board *11 Consideration of Appointment of Alternate Member Mark Sartmaa as a Regular Member of the Code Enforcement Board; filling the unexpired term of Michele Delany Tomlin who has resigned, with said Term Expiring on September 28, 1995. X. NEW BUSINESS *G) Consideration of Approving Engineering Services proposal from Reese, Macon and Associates of lake Worth, Florida, in an Amount not to Exceed $35, 000 for the purpose of Determining the Available Yield within the Eastern Peninsula SurficiaZ Aquifer in Conjunction wi th Tequesta's Renewal of its South Florida Water Management District Consumptive Use perms t, Using Avai I abI a FY 1995 Funding from the Water Enterprise Fund Retained Earnings Account and Authorising the Village Manager to Execute the Same on Behalf of the YilZage. (Staff Recommends Approval) *8 Consideration of Bid Award to smith Bros. Contracting Equipment, Inc. Of West Palm Village Couacil meeting ~iautes July 27, 1995 Page 6 ------------------------------- Beach, Florida in the Amount of $28,225, For the Purchase of a 773 Diesel Engine Bobcat Loader, saving Funding in the FY 1995 General Fund Totaling $29,750. (Staff Recommends Approval) *J Consideration of Bid A:rard to Zeev Zipris of North Miami Beach, Florida for the sighest Bid of $1,622 for One (1) Surplus 1991 Ford Crown Victoria Police Cruiser (Y2N# ZFACP7ZG7]4411756 31) . (Staff Reco~mmeads ApprovaZl *K Consideration of Designation of YiZZage Property as Surplus Pursuant to Section 3.02 (8) of the Village Charter. (Staff Recommends Approvall 1) One (1) New River canoe Councilmember Hansen questioned the lack of minutes from the Code Enforcement Board. Police Chief Roderick reported the Board was still active and it was hoped that Section 2 could be pursued to get citations activated for use. Village Manager Bradford explained that the last meeting had been a workshop meeting, and that Officer Davis was preparing ten notices of hearing, therefore, a meeting would be held in the near future. Motion was made by Couacilmember Hansen to approve the Consent Agenda as amended. The motion was seconded by vice Mayor Surckart. The vote oa the motion was: Ron T. Mackail - for William $. Surckart - for glizabeth A. Schauer - for Village Council Meeting Minutes July 27, 1995 Page 7 ------------------------------- Carl C. 8aasea - for The motion was therefore passed and adopted and the Consent Agenda was approved as amended. Councilmember Schauer referred to the Village Managers Report for June 5 - July 21, 1995, and questioned Item 4, the status of the bicycle patrol. Chief Roderick explained there had been difficulty staffing the position. Councilmember Schauer also questioned Item 11, Chapel Lane speed limit at 25 mph or 20 mph if approved by petition. Chief Roderick explained the 20 mph limit had been dropped since 25 mph was the lowest allowed by State Statute, and residents had been notified, and that Chapel Lane and Chapel Court would be posted at 25 mph. Motion was made by Couacilmember Schauer to approve Consent Agenda Item VI H) Village Manager's Report' June 5 - July 21, 1995. The motion was seconded by Couacilmember 8aasea. The vote oa the motion was: Roa T. Mackail - for ~villiam 8. Burckart - for 811zabeth A. Schauer - for Carl C. Hansen - for The motion was therefore passed and adopted. VI. COM~ITT88 REPORTS A) Public Safety Committee; Juae 5, 1995 village Manager Bradford reported that the Code Enforcement Officer Davis had presented actions which would be associated with the Lantana Plan and Code village Council Meetiag Miautes July 27, 1995 Page 8 Enforcement enhancement efforts. The Committee had reviewed alternative Code Enforcement procedures, namely, the use of citations to issue notice to appear in Court for violators on the spot, and the use of a Special Master who could hold trial in village Hall and render swift justice to all Code Enforcement situations. An Ordinance regarding property appearance had been reviewed, which would entail such items as paint color, paint quality, cleanliness of paint and structures as seen from the roadway and also reviewed the viability of involving the Chamber of Commerce with providing goods and services to certain categories of violators that might need assistance, financial and otherwise, in bringing their properties up to code. The Code Enforcement Officer had expressed a desire to use the citation and Special Masters system to help speed the process. The Committee recommended moving forward with an ordinance for citations, Special Masters, and property appearance standards, to give the Village more force to maintain property standards throughout the community. If the recommendation were approved by the Village Council, Code Enforcement Officer Davis would proceed with necessary paperwork actions to bring before the Village Council. Also reviewed by the Committee was the COPS Fast Grant Program and Tequesta~s budgetary impact to participate. The Committee recommended moving forward with the grant application, and approval had been received this week from the Department of Justice for $75,000 to hire one officer for Community Policing Programs for over three years. Budgetary impact to the Village would be $10,000 in the next fiscal year. The crime trend analysis report had been presented by Chief Roderick. Traffic report for Country Club Drive had been reviewed. The Committee had recommended purchase of Village Council Meeting Miautes July 27, 1995 Page 9 a new Metrix Count Card, which was subsequently authorized by Village Council. The Committee had held a general discussion regarding changing the way people were billed for police and fire/rescue services. The Committee recommended adoption of the revised mutual aid agreement. The Committee rejected a settlement proposal in the code enforcement case of Joseph LaDuca. Councilmember Schauer questioned how homeowners would be notified of the Lantana Plan if they were not members of a Homeowners Association. Councilmember Hansen stated that the Homeowners Associations should provide feedback to the Village regarding the Lantana Plan. Village manager Bradford stated he would request in writing their position on the ordinance. Village Attorney Randolph commented that Section 2 of the Code Enforcement Board Statute would be a good first step since it would allow citations. Mayor Mackail stated that Homeowners Associations Boards should be brought into the Village Hall for a Village Council workshop meeting during the month of August. Village Manager Bradford stated that the Code Enforcement Board would have to be kept under the Special Masters system in order to hear appeals. Motion was made by Councilmember Schauer to approve Item vII (A) , the Public Safety Committee Report of June 5, 1995. Motion was seconded by Councilmember Haasea. The vote on the motioa was: Ron T. Mackail - for Gilliam S. Burckart - for glizabeth A. Schauer - for Carl C. Haasea - for The motioa was therefore passed and adopted. Village Council ~eetiag minutes July 27, 1995 Page 10 ------------------------------- B) Redevelopment Committee; July 17, 1995 Village Manager Bradford reported that the Redevelopment Committee had met to discuss the purchase of Dorner Trust land for cultural facilities within Tequesta. At that meeting, Village Manager Bradford had reported the results of a series of meetings he had attended with the Dorner Trust representative since the latter part of 1994 to secure 7.75 acres with the intent that it would be used for Lighthouse Gallery and School of Art and for BRITT. At that meeting, the village Manager reported the Dorner Trust was willing to sell the land to Tequesta, and to do so in any reasonable fashion--they would accommodate the Village through a direct sale or an option or would accept bonds traded directly for the deed over a period of time. The Committee was informed of some activity regarding the Coast Guard Land on Beach Road; however, it was concluded that it would be a long time before that land might be available. The Committee recommended that the village move forward and that the Village seek a 12-month option on the 7.75 acres of land and to give notice to Lighthouse Gallery and BRITT of 90 to 120 days to complete a feasibility study which would meet the requirements of the State of Florida Cultural Facilities Grant Program so that the feasibility study could be used to satisfy -the Village that the organizations were capable of raising the funds necessary to construct their desired new facilities, and also to thereafter use the report to seek grant money from the State of Florida. Mayor Mackail was requested to meet with DiVosta Company, which has purchased approximately 15 acres at Lighthouse Plaza to ascertain that this concept in no way would conflict with their plans, and the outcome of that Village Council aSeetiag Miautea July 27, 1995 Page 11 ------------------------------- meeting had been that there would be no conflict, and they had encouraged the Village to move forward since it would be beneficial to the plans that they would soon unveil. Village Manager Bradford reported that there was also a discussion of incentives for the central business district. The Committee recommended waiver of certain impact fees for residential development throughout Tequesta for a set period of time and consideration of ways to speed the development review process to save developers time and money to stimulate additional development to reverse the property value trends. If approved by the village Council, Village Manager Bradford stated he would proceed with developing incentives and recommendations to speed the development process. Councilmember Schauer recommended a one stop shop. Councilmember Hansen commented that the program would be well publicized. Mayor Mackail stated that the Village was looking to put an investment back into the community. Doha Giba stated he was very happy that the Village was going to purchase this land, for whatever purpose, and recommended the option not be open ended, and indicated the Village had another theater which might need to be included. Betty Nagy, Shay Place, inquired whether bonds would be taken out to purchase the property. Mayor Mackail explained no arrangements or discussion of financing had been held, and those items would be decided at the end of the 12-month option if the village then decided to make the purchase. Ms. Nagy expressed concern that the water department would need new wells, a new police department and village Hall would be needed. Village Council Meeting Minutes July 27, 1995 Page 12 ------------------------------- Mayor Mackail suggested that the plan Mrs. Nagy was speaking of was Mr. Benjamin's plan, which the village did not accept. village Manager Bradford explained that a facility needs assessment was in progress and plans would be made after that study was completed and its recommendations known. Motion aras made by Couacilmember Haas®a to approve the Redevelopm4eat Cooosmittee Report of July 17, 1995. Motion was seconded by Couacilmember Schauer. The vote oa the motion was: Roa T. Mackail - for ~Pilliam $. Burckart - for $lizabeth A. Schauer - for Carl C. Hansen - for The motion a-as therefore passed and adopted. VIII. C) Consideration of Appointment of Alternate Member of the village to the Issues Forum of the Couatyavide Planning Coordinating Council. village Manager Bradford reported that the Issues Forum was set up to resolve disputes during Comprehensive Plan amendments, and the village paid $500 to participate. Jack Horniman explained that the Issues Forum, which consisted of elected officials, looked at regional issues when brought before them; and the active part of the Countywide Planning Coordinating Council dealt with Comprehensive Fian Amendments. Vice Mayor Burckart stated he would be the alternate if Councilmember Hansen would agree to be the primary representative for the Council of Governments. Councilmember Hansen agreed. village Council Meeting Minutes July 27, 1995 Page 13 ------------------------------- Motion was made by Vice Mayor Burckart to appoint Councilmember Carl Haasea as the regular member and Vice Mayor Burckart as the alternate member of the Council of Gove*-*~+++~*+ts. Motion was seconded by Couacilmember Schauer. The vote oa the motion was: Ron T. Mackail - for ~illism 8. Burckart - for 8lizabeth A. Schauer - for Carl C. Hansen - for The motion was therefore passed and adopted. Motion was made by Couacflmember Schauer to appoint vice Mayor William 8. Burckart as the alternate member representing Tequesta to the Issues Forum. Motion was seconded by Couacilmember Hansen. The vote oa the motion was: Roa T. Mackail - for Gilliam 8. Burckart - for 811zabeth A. Schauer - for Carl C. Hansen - for The motion was therefore passed and adopted. 7C. DBVELOPMSNT MATTERS A) This item was removed from the agenda. B) Consideration of Site Plan Review for Free-Standing Sign for Chevron, 215 Q.S. Oae South, Doha Sexton, Yang 8aterprises, Agent for Applicant. Building Official Scott D. Ladd stated that Jeffrey Hodgkinson was in attendance for John Sexton, and Village Council Meeting Minutes July 27, 1995 Page 14 ------------------------------- explained that Chevron had changed their logo and applied for a free-standing sign with the new logo, and had already met Ordinance 377 requirements. Mr. Hodgkinson responded to Councilmember Schauer that the landscaping around the sign would either be saved or replaced. Vice Mayor Burckart requested the addition of two queen palms in the landscape areas in order to continue the queen palm theme up and down the street. Motion was made by vice Mayor Burckart to approve the sign with the addition of two queen palms as discussed. Motion was seconded by Couacilmember Hansen. The vote oa the motion was: Roa T. Mackail - for ~Pilliam $. Burckart - for Elizabeth A, Schauer - for Carl C. Haasea - for The motion was therefore passed and adopted. C) Landscape Ordinance No. 377 Plaa Review; Tequesta village Hall, 357 Tequesta Drive; George C. Gentile and Associates, Landscape Architect. Councilmember Schauer complimented Joanne McCabe on the excellent job she had done in devising a checklist for Ordinance 377, which made the Village Council s job easier in reviewing applicants for compliance with the Ordinance. Councilmember Schauer questioned the relocated Village sign. Village Manager Bradford explained the sign would be moved to be 10 feet from the property line. Councilmember Hansen verified that the waivers requested by the Village were not out of line with waivers granted to others. Building village Council Meeting Minutes July 27, 1995 Page 15 Official Ladd explained that the waivers were unique to the property, which was the case with many of the waivers requested under Ordinance 377. Mr. Ladd assured Councilmember Schauer that two separate studies had found no scrub jays on the property. Motion was made by Couacilmember Schauer to approve the Landscape Plaa for Tequesta village Hall as presented for compliance with Ordinance 377. Motion was seconded by Couacilmember Hansen. The vote on the motion was: Ron T. Mackail - for ~Pilliam E. Burckart - for Elizabeth A. Schauer - for Carl C. Hansen - for The motion was therefore passed sad adopted. Vice Mayor Burckart requested that if the money could be found that a sign block be added to the top of the Village sign to place meeting notices. D) Consideration of Approval of Two (2) Letters for Signature of the Mayor Regarding Palm Beach County Comprehensive Play Amendment (~Pestera Connector) and Jupiter Comprehensive Plaa Amendment. (~eizer Tract) Consultant Jack Horniman explained that Tequesta had been participating with Jupiter, Martin County, and Palm Beach County in looking at the traffic situation and trying to resolve concerns, and accomplishments so far had been a reduction in the level of service and reduced right-of-way for Country Club Drive. Nir. Horniman explained the letters had been brought forward for approval at tonight's meeting in Village Council Meetiag Minutes July 27, 1995 Page 16 ------------------------------- accordance with the Village policy that any official objections or comments made in the Comprehensive Planning process would emanate from official action of the Village Council. Mr. Horniman explained that the developer for the Section 28 Development had proposed a site plan pursuant to the Court order of one dwelling unit per acre for the development with an ingress point through the extension of Island Way and with a series of interior roadways, showing one of the roads which would go to the southerly end of Section 28 which would align in the future with the Church Street extension in Jupiter. At Martin County's request, Tequesta had provided comment regarding that proposal encouraging the least amount of density of development because of the traffic situation. Mr. Horniman stated that Jupiter was also proceeding through amendments to their Comprehensive Plan, one of which regarded the Weizer tract directly south of and abutting Section 28. The Jupiter Comprehensive Plan recognized that 4- laning of Church Street should be accomplished from Section 28 southerly to Indiantown Road which would run alongside Shoney's Restaurant; however, no additional right-of-way was proposed to connect to Section 28, nor were they requiring the developer of Section 28 to provide that connection, and this should be a concern of the Village. Mr. Horniman reported that Palm Beach County also had in progress an amendment to their Comprehensive Plan which provided for an extension from Church Street to Section 28 to be widened from 60 to 80-foot right of way, however, actual construction was not provided for in either their 5-year or 15-year Capital Improvements Plan. village Couacil Meetiag Miautes July 27, 1995 Page 17 Mr. Horniman stated that it was incumbent to get on record with all jurisdictions to issue Tequesta's concern, and where appropriate, a formal objection. In regard to the Jupiter amendment, Tequesta's comment would be in support of the proposed decreased density and an objection to no linkage to Section 28. On the Palm Beach County amendment, Tequesta would object to there being no provision to actually build the road. Letters of objection had therefore been written to the Department of Community Affairs. The letter objecting to Jupiter's amendment would carry the attachment of a copy of the Palm Beach County objection and a copy of the Martin County Section 28 comments so that DCA would be aware of the total picture. Likewise, to the Palm Beach County objection would be attached the Jupiter objection and the Martin County comments. Mr. Horniman stated it was very important that the Village be on record with all these items, and had presented this matter tonight in order to submit the objections in a timely manner. Councilmember Schauer questioned the 80-foot right of way, which would allow four lanes of traffic. Councilmember Schauer and Councilmember Hansen supported the proposed objection. Vice Mayor Burckart supported the comments in regard to Section 28, however expressed concern that if amendments reducing density were stopped that the area would become industrial, and having the quarter-mile missing link protected the Village from the weizer development traffic, and was unsure whether the Village would be helping itself by objecting. Mr. Horniman commented that the traffic consultant had concluded that without the western corridor connectian that the traffic impact to Tequesta would be greater than with the connection, and that by issuing an objection the village Council Meeting Minutes July 27, 1995 Page 18 ------------------------------- municipalities would be forced to respond. Mr. Horniman stated that in the intergovernmental meetings all municipalities had agreed to two laning and decreasing volumes, which was not evident in these amendments. Vice Mayor Burckart suggested asking the developer of Section 28 to provide the quarter-mile link. Mr. Horniman clarified that the contents of the letter expressed concern that the developer of Section 28 was not required by Jupiter to provide the link. Vice Mayor Burckart suggested that Martin County should be requested to provide the impact fees, and expressed his opinion that the letter was not sufficiently direct. Mayor Mackail expressed concern that each municipality was operating according to their own agenda and not as a group, and that give and take was needed to find a solution, and questioned how the Village could protect the integrity of their community. Mr. Horniman agreed, but stated that the village must work within the established framework and if the municipalities could not coordinate and the matter ended up in Court that the Village would have established its foundation. Mayor Mackail stated Tequesta should do whatever they must do to resolve the problem. Village Attorney Randolph advised that the Village should go ahead and set the stage to file these objections as an entry point for any hearings in the future. Mr. Horniman advised that if the amendments were approved that a westerly connection in that location would not be provided for, and what Tequesta was frustrated with was out of the hands of the Village and must be provided by another government. Further action suggested was to write letters to DCA. Building Official Scott D. Ladd stated that anyone could call his office to get the address for DCA. Mr. Burckart stated Tequesta must make sure it was very clear what Tequesta ultimately village Council Meeting Minutes July 27, 1995 Page 19 wanted to see for the quarter-mile connection. Village Manager Bradford advised that the Village Council must become very cognizant of the planning process and adopt a proactive position in regard to planning because of the coming growth, and must play by the rules, and stressed the importance of planning. Motion was made by Couacilmember Schauer to approve the two letters for signature of the Mayor regarding Palm Beach County Comprehensive Plan Amendment (~estera Connector) and Jupiter Comprehensive Plan Amendment (Weiner Tract). Motion was seconded by Councilmember Basses. Discussion included comment by Doha Giba who suggested intergovernmental coordination might contain some provision which by law would put more teeth into the village position. village Manager Bradford coomoateated that the 80-foot right of way in the County amendment was totally against the agreement made by the entities under intergovernmental coordination. The vote oa the motion was: Roa T. Mackail - for William 8. Burckart - for glizabeth A. Schauer - for Carl C. Basses - for The motion was therefore passed and adopted. x. MBOa $vsiMgss A) Resolution Wo. 25 - 94/95 - Providing for Amendments to the village Budgets Adopted for the Fiscal Year Commencing October 1, 1994. (Staff Recommends Approval) After review of the budget changes by Village Manager Bradford, Village Attorney Randolph read Resolution village Council Meeting Minutes July 27, 1995 Page 20 ------------------------------- No. 25 - 94/95 by title only. Couacilmember Hansen made a motion to approve Resolutioa 25 - 94/95. Motion eras secoaded by Couacilmember Schauer. The vote oa the motion was: Roa T. Mackail - for William $. Burckart - for Elizabeth A. Schauer - for Carl C. Hansen - for The motion was therefore passed and adopted. B) Resolutioa No. 26 - 94/95 - Approving the State of Florida Department of Comtuunity Affairs 33valuatioa and Appraisal Report Assistance Program Contract and Authorizing the Mayor to Execute the Same on Behalf of the village. (Staff Recommends Approval) Village Manager Bradford explained that the State now required an Evaluation and Appraisal Report on the Tequesta Comprehensive Development Plan and had provided a grant of $14,069 for partial coverage of the cost to prepare the EAR required by state law, and the money had been included in next year's budget. The Village Manager explained that the report was a measurement of how successful the Village had been in achieving the goals and objections of the Comprehensive Plan. Village Attorney Randolph read Resolution 26 - 94/95 by title only. vice Mayor Burckart made a motion to approve Resolution 26 - 94/95. Motion was secoaded by Couacilmember Schauer. The vote oa the motion was: village Council Meeting Minutes July 27, 1995 Page 21 ------------------------------- Ron T. Mackail - for Nilliam 8. Burckart - for Elizabeth A. Schauer - for Carl C. Haasea - for The motion aras therefore passed and adopted. C) Resolution No. 27 - 94/95 - Stating the Intent of the Village Council of the Village of Tequesta to Opt-Out of the Florida Retirement System for all Neov Employees Commencing January 1, 1996, and Authorizing the village Manager to Secure the Assistance Necessary to Implement the Same. (Staff Reco®mends Approval) village Manager Bradford explained this was not intended to be the final action by the Village Council relative to opting out of the Florida Retirement System for future employees, but was a statement to be used by the Village Manager as the power to begin a process to analyze whether or not the Village of Tequesta could accomplish the provision of a retirement program that was equal to the benefits of the Florida Retirement System and if the conclusion was reached that it could be done, then the Village Council if they chose to do so at a later date but prior to December 15, 1995, must take official action to transmit to the Division of Retirement to remove Tequesta from the Florida Retirement System for all future employees hired after January 1, 1996. A bill was adopted in the last legislative session that allowed municipalities to opt out of the Florida Retirement System. Village Manager Bradford stated that the Florida Retirement System was very expensive and that Tequesta had been fortunate when they had established the fire/rescue department that they had been able to receive a determination that those Village Council Meeting Minutes July 27, 1995 Page 22 personnel did not have to be made a part of that system. To give an idea of savings to the Village under another plan, the village Manager compared the cost of retirement under the Florida Retirement System for a Public Safety Officer which was 28~ of salary entirely contributed by the employer; with the Tegtzesta Fire/Rescue Plan the Village contribution was 14.6 and the employee was allowed to contribute 3- 1/2~ in pre-tax dollars. village Manager Bradford reported he had been in touch with the ICMA Retirement Corporation to get information on a defined contribution plan which would be extremely easy to administer, and would also contact the Florida League of Cities. The Village Manager stated an actuarial might have to be hired, and recommended the Council adopt this resolution. Village Attorney Randolph read Resolution 27 - 94/95 by title only. Vice Mayor Burckart made a motion to approve Resolution 27 - 94/95. Motion was seconded by Couacilmember Hansen. The vote on the motion was: Roa T. Mackail - for Gilliam $. Burckart - for 8lizabeth A. Schauer - for Carl C. 8aasea - for The motion was therefore passed aad adopted. D) Resolution No. 28 - 94/95 - Approving as Iaterlocal Agreement Between Martin County and the Village of Tequesta Providing Automatic Fire Protection aad i3mergeacy Medical Services Mutual Aid aad Authorizing the Mayor to execute the Same on Behalf of the Village Council Meeting Minutes July 27, 1995 Page 23 ------------------------------- village. (Staff Recommends Approval) Village Manager Bradford stated this resolution had been reviewed and recommended by the Public Safety Committee. The Village Manager explained that the mutual aid agreement had been modified and was now an automatic aid agreement which was important since property owners would benefit after ISO rated the area again. Village Attorney Randolph read Resolution No. 28 - 94/95 by title only. Couacilmember Hansen made a motion to approve Resolutioa 28 - 94/95. Motion was seconded by Vice Mayor Burckart. The vote oa the motion was: Roa T. Mackail - for ~Filliam E. Burckart - for Elizabeth A. Schauer - for Carl C. Hansen - for The motion was therefore passed and adopted. $) Resolutioa No. 29 - 94/95 - Authorizing Lx-Parts Communications is Quasi-Judicial Matters Relating to the village of Tequesta Council, its Commissions and Boards, Pursuant to Souse Bill 5, attached hereto; Providing for Disclosure Requirement; Providing as $ffective Date. (Staff Recommends Approval) Mayor Mackaii read Resolutioa No. 29 - 94/95 by title only. Village Attorney Randolph advised this resolution would allow conversations with members of the public Village Council Meeting Minutes July 27, 1995 Page 24 ------------------------------- regarding site plans reviews, etc., subject to disclosure prior to taking action on the quasi- judicial matter. It was suggested that exparte communication could be added to the agenda as a reminder that disclosure should be made. Attorney Randolph stated there could be problems if a Councilmember forgot to disclose. vice Mayor Burckart made a motion to approve Resolution 29 - 94/95. Motion was seconded by Couacilmember Schauer. The vote on the motion was: Ron T. Mackail - for ~Pilliam S. Burckart - for Hlizabeth A. Schauer - for Carl C. Haasea - for The motion was therefore passed and adopted. F) Ordinance - First Reading - Amending the Code of Ordinances of the Village at Chapter 18, Section 18- 28, Relating to Solid Paste and Recycling Collection Service Charges; Providing Amendments to IIser Charges and Fees for Residential Curbside Solid 1Paste and Recycling Collection Services; Providing for Severability; Providing for Repeal of Ordinances is Conflict; Providing for Codification; Providing as $ffective Date. (Staff Recommends Approval) Village Attorney Randolph read the Ordinance by title only on first reading. village Manager Bradford explained that because of action taken earlier in the meeting to place refuse and recycling charges on tax bills instead of on water bills that steps must be taken to give the village Village Council Meeting Minutes July 27, 1995 Page 25 ------------------------------- power to bill those properties which did not appear on the assessment roll furnished by the County Tax Collector's office, either through error or because the certificate of occupancy had not been issued at the time the assessment roll was compiled. Vice Mayor Burckart made a motion to approve the Ordinance oa first reading. Motion was seconded by Couacilmember Schauer. The vote oa the motion was: Roa T. Mackail - for ~Pilliam $. Burckart - for $lizabeth A. Schauer - for Carl C. Hansen - for The motion was therefore passed and adopted. I) Consideration of Sid Award for Asphalt Paving Overlay of Tequesta Drive Bike Path from Seabrook Road to Riverside Drive to Charles S. Whiteside of west Palm Beach, Florida, fa the Amount of $8,700, Having an FY 1995 Capital Improvement Fund Budget Allocation of $15,000. (Staff Recommends Approval) Councilmember Schauer explained that she had requested this item be pulled from the Consent Agenda in order to allow Mr. Giba to comment. Village Manager Bradford explained that this overlay was for the existing bike path and was included in the 5-year Capital Improvement Program. Mr. Giba felt the bike path should not be patched with an overlay, but should be concrete to match new pedestrian pathways within the Village, and stated that it would not get any cheaper in the future. Discussion ensued regarding residents who had objected to the use of concrete and wanted the asphalt. Director of Recreation and Public Village Council Meeting Minutes July 27, 1995 Page 26 Works Gary Preston explained that to remove the existing path and replace it with concrete would cost approximately $30,000, or an estimated four times more than the asphalt overlay. Mr. Preston commented that 80~ of Palm Beach County's pathways were asphalt. Mr. Gibs commented that the Village found the money to do other. things and in this case the money would be spent doing a good job on something in the center of the Village. Village Manager Bradford explained the pathway would be overlaid to a width of 5 feet, and that this asphalt overlay was what the people who lived along the bike path wanted. Couacilmember Schauer made a motion to approve the bid apard to Charles S. Whiteside is the amount of $8,700. Motion pas seconded by vice Mayor Burckart. The vote oa the motion pas: Roa T. Mackail - for William S. Burckart - for $lizabeth A. Schauer - for Carl C. Hansen - for The motion pas therefore passed sad adopted. L) Consideration of Coastal Players, Inc., Request for Funding araat in the Amount of $5,000. ~~,lay ~Y~; ~~ Susan fly, Artistic Director for Coastal Players ~~IY~I Communitv Theater, explained that a total of about $60,000 had been spent in remodeling their new home and that they had been in existence for 32 years with no outside help except $1,000 recently donated by the ~w1t Village Council. Ms. explained that a full season was planned, plus other projects such as a children's theater. Village Council Meeting Minutes July a7, 1995 Page 27 ------------------------------- After discussion, Mayor Mackail requested that Village Manager Bradford work to establish a formula or a format under which the Village would have a specific amount earmarked for donations to worthy organizations, so that all would be treated fairly. Mayor Mackail recommended that the Village grant the funding request under next year's budget because of the constraints in the present budget. Ewe 1 e Ms. requested that the Village Council consider the Coastal Players on an equal basis with Lighthouse Gallery and BRITT in regard to cultural facilities, and offered to provide the Village with more up-to- date information regarding the Coastal Players' current needs. Village Manager Bradford requested that Finance Director Kascavelis remind him to place this item in next year's budget. M) Ordinance - First Reading - Amending Article IV, C3eaeral Requirements and Design Standards, Sectioa 1, Conformity to a Comprehensive Plan and Other Qeaeral Requirements, Paragraph (6), Sub-Paragraph 1 by Providing a Revised List of Roadway-Type Level-of- Service Standards and Article IV, Sectioa 3, Streets, Paragraph (15) by Providing a Revised List of Street Types and Right-of-luny widths; Providing for Severability; Providing for Repeal of All Ordinances or Parts of Ordinances is Conflict; Providing for Codification; Providing as 8ffective Date. (Staff Reco®mends Approval) Village Attorney Randolph read the Ordinance by title only on first reading. Village Manager Bradford explained that this Ordinance would allow right of way provisions to be amended on village Council Meeting Minutes July 27, 1995 Page 28 ------------------------------- roadways such as Seabrook Road and Country Club Drive, and once this was adopted the Village would proceed to record the 15 feet on each side of the right-of-way of Country Club Drive with the hope that by doing so it would never be able to become a 4-lane roadway. Village Attorney Randolph explained that this restrictive covenant would be recorded for a 30-year period, along with an amendment to the declaration to be automatically renewable at that time unless revoked by the Village Council. Couacilmember Schauer made a motion to approve the Ordinance and to authorize the recording of the Declaration. Motion v+as seconded by vice Mayor Burckart. The vote oa the motion vas Roa T. Mackail - for Nilliam 8. Burckart - for 8lizabeth A. Schauer - for Carl C. Saasea - for The motion aras therefore passed and adopted. N) Adoption of the Proposed Millage Rate 16.3429) Necessary to Provide the Ad valorem Taxes Required to Balance the Tentative Fiscal Year 1996 General Fund sudget. (Staff Recommends Approval) Village Manager Bradford explained that the proposed millage rate of 6.3429 was a 3.5~ increase, which was the minimum amount necessary. The Village Manager pointed out that there would be additional expenses such as the 1.5~ COLA or 3~ inflation adjustment bonus to be granted to employees and possible increased health insurance premiums, and recommended that the millage rate be increased by 5.5~ to provide a 2$ village Couacil Meeting Miautes July 27, 1995 Page 29 ------------------------------- cushion for flexibility between now and the first hearing on September 14, when it could be reduced if feasible. After discussion, Vice Mayor Burckart stated that it was the intent of the Village to return to the 3.5~ increase and did not want it to appear in the press that the 5.5~ increase was firm. Couacilmember Haasea made a motion to approve a 2$ cushioa by raisiag the projected proposed millage rate from 6.3429 to 6.4698 for adoptioa within the fiscal budget. Motioa was secoaded by Councilmember Schauer. The vote oa the motion Wass Roa T. Mackail - for Gilliam $. Burckart - for Elizabeth A. Schauer - for Carl C. Haasea - for The motioa was therefore passed aad adopted. O) Adoption of the Computed Rolled-Back Millage Rate (6.0187) to be Provided to the Property Appraiser is Accordaace with F.S. 200.065. (Staff Recommeads Approval) Vice Mayor Burckart made a motioa to approve adoption of the computed rolled-back millage rate of 6.0187 to be provided to the Property Appraiser in accordaace with F.S. 200.065. Motion was secoaded by Couacilmember Schauer. The vote oa the motion was: Roa T. Mackail - for Gilliam $. Burckart - for $lizabeth A. Schauer - for Carl C. Haasea - for village Couacil Meeting Minutes July 27, 1995 Page 30 ------------------------------- The motioa was therefore passed aad adopted. P) Adoption of the Date, Time and Place of the First aad Final Budget Hearings to Consider the Proposed Millage Rate aad Tentative Budgets. tStaff Reco®meads Approval) 1) First Public Hearing - 7:00 P.M.; at Village Drive, Tequesta, Florida. 2) Final Public Hearing - 7:00 P.M.; at village Drive, Tequesta, Florida. September 14, 1995, Hall, 357 Tequesta September 28, 1995, Hall, 357 Tequesta vice Mayor Burckart made a motioa to approve the date time aad place of the first aad final budget hearings to consider the proposed millage rate aad tentative budgets as set forth above. Motion was seconded by Couacilmember Schauer. The vote oa the motioa was: Roa T. Mackail - for William 8. Burckart - for $lizabeth A. Schauer - for Carl C. Hansen - for The motioa was therefore passed aad adopted. 1CI. ANY OTHgR MATTERS Councilmember Schauer commented that at the first workshop in regard to the budget it had been learned that Tequesta was the only municipality not involved in the Palm Beach Gardens Police Department's Gang Task Force, and requested that Chief Roderick take whatever steps were required so that Tequesta could be the recipient of the services that village Council Meetiag Minutes July 27, 1995 Page 31 they provide. Mayor Mackail spoke in support of participation. Councilmember Schauer stated she had been made a member of the Implementation Committee of the Northern Palm Beach County and South Martin County Planning Issues Forum, which had been a result of the 1993 3-day forum. Councilmember Schauer reported that the Committee had completed their policy statement, and that during the whole process Martin County had never participated. The Committee had included as the first line in their policy statement that Martin County had not participated. Councilmember Schauer announced a meeting on Friday morning, September 29 at the Marriott in Palm Beach Gardens, for the elected officials and the public, which would include lunch for the municipal officials; and requested that this announcement be included in the Village newsletter in accordance with the decision of the Implementation Committee that each municipality would make the announcement public so that it would not have to be advertised. Councilmember Schauer announced that Tequesta's Interlocal Agreement with the Palm Beach County School Board would expire in December, 1995; however, it had been brought up at the North County Education Committee meeting that the Implementation Committee would continue for one year after that expiration, and requested a decision by the Village Council at their next Council meeting as to whether Tequesta desired to participate after the expiration of the Interlocal Agreement. Councilmember Schauer advised the Village Councilmembers to contact Cheryl Onorato for her views on the subject. Village Manager Bradford commented that after sunset of the committee they would have no guidance and suggested a charter be established for the committee to work under. Councilmember Schauer commented that the idea of forming a foundation had been proposed, Village Council Meeting Minutes July 27, 1995 Page 32 ------------------------------- which would not involve the municipalities. Councilmember Hansen requested the status of the U. S. Highway One Median Project. Director of Recreation and Public Works Gary Preston explained that the project completion date was October 1, and was ahead of schedule. Village Manager Bradford commented that the grant money for the landscaping was not in the budget until October 1, however, preliminary work was in progress. Director Preston explained that the Tree Board had discussed the landscaping plans on two occasions; that the village had no say over the construction work, which was monitored by DOT; and that the landscaping plans would be presented to the Village Council sometime during October or ATovember. village Manager Bradford explained that the village Council had approved earlier in the meeting steps to do computer modeling to prove to SFWMD that there was more water in the surficial aquifer for Tequesta to take from the eastern peninsula. In order to make the model valid, the village must immediately drill three eastern peninsula monitor wells to provide data for the model and for which the successful bidder had been All Webb's at a total cost of $14,850. Funding would be provided by the water Enterprise Fund, Retained Earnings Account. Couacilmember Schauer made a a~tioa to approve the bid award to All Webb's in the amount of $14,850 to drill three monitor arells oa the eastern peninsula. Motion Was seconded by Couacilmember Hansen. The vote on the motion roras: xoa T. Mackail - for William $. Burckart - for Elizabeth A. Schauer - for Carl C. Haasea - for Village Council Meeting Minutes July 27, 1995 Page 33 ------------------------------- The motion was therefore passed and adopted. Village Manager Bradford reported that a joint meeting had been held July 25 with the Jupiter Town Council, and that if it was the consensus of the Village Council to proceed with negotiations with the Town of Jupiter to determine whether a water war with Jupiter could be avoided, that a motion to that effect would be in order. village Manager Bradford explained that if the Village Council desired to proceed that he would notify Jupiter Town Manager Lee Evett and Mayor Mackail would notify Mayor Golonka by telephone the next day to let them know ASAP that Tequesta was willing to pursue this matter and that after staff work had been completed the village would be willing to resume negotiations. The village Manager assured Councilmember Hansen that this action would in no way affect the Village s power to file a lawsuit at any point in time. Mayor Mackail stated that the Village must have a very good strategic plan so that all information was correct regarding this very serious topic. Vice Mayor Burckart made a motion to proceed with negotiations with the Iowa of Jupiter regarding the water situation. Motion was seconded by Couacilmember Hansen. The vote on the motion was: Roa T. Mackail - for Gilliam E. Burckart - for $lizabeth A. Schauer - for Carl C. Hansen - for The motion was therefore passed and adopted. VII. COM~OrTICATIONS FROM CITIZSrTS Al DeMott commented that Jupiter's growth in coming years village Council ~eetiag ~iautes July 27, 1995 Page 34 ------------------------------- would far surpass Tequesta's growth, so that it would be very difficult for a Tequesta resident to be elected to the ENCON Board. Mr. DeMott stated that the ENCON charter stated that Tequesta was entitled to one representative, and reminded the Village Council that for four years in the past the Village had not been represented and had gotten into a very serious situation. Mr. DeMott requested the village Council consider this matter by first requesting the governing Board of ENCON to amend the boundary districts for the seat held by the Tequesta representative by sending a letter to the Chair of the ENCON Board, and if not approved by the ENCON Board to then appeal to the State legislature. wade Grieet, 494 South Dover Road, elaborated on Mr. Giba's comments by stating there was no sidewalk in front of his house or on his street and believed that sidewalks should be consistent throughout the Village, and that the Village Council should consider all of the residents of Tequesta rather than a specific group and how they felt about certain issues. Ciady Qufan, 38 Chapel Court, reported she had attended the joint meeting with Jupiter regarding the water issue and felt it had gone well. Ms. Quinn questioned why village Manager Bradford had not responded to Jupiter's earlier 1~ increase since it had now led to either a 91~r increase or litigation. village Manager Bradford explained that the i~ increase was not paid because it was not allowed under the Bulk Rate Agreement between Jupiter and Tequesta, and that the Jupiter Town Manager had repeatedly been told that Tequesta would not pay it, and it was believed that if the Village had paid the 1~ fee that would have established a precedent whereby the village would be forced to pay the 91~ fee now being threatened. Ms. Quinn questioned why the Village charged residents $8.80 when Jupiter charged the village only $1.22. Village Manager Bradford explained the Village Council Meeting Minutes July 27, 1995 Page 35 ------------------------------- base rate of $8.80 covered the fixed costs of the system, such as debt service and operating, and pointed out that Jupiter currently had a base rate of $9.00+. Ms. Quinn questioned where the money would come from for the R/O plant as reported in the study by PMG Associates. village Manager Bradford responded that current debt service was built into the Village water rates and that the last debt payment would be made during the next fiscal year so the village would be free to secure new debt service to pay for reverse osmosis plant. XV . ADJOURNMENT Councilmember Hansen moved that the meeting be adjourned. Councilmember Schauer seconded the motion. The vote on the motion was: Ron T. Mackail - for William S. Burckart - for Elizabeth A. Schauer - for Carl C. Hansen - for the motion was therefore passed and adopted and the meeting was adjourned at 10:2 0 P . M. Respectfully submitted, ~~ 0 Betty Laur Recording Secretary village Council Meeting Minutes July 27, 1995 Page 36 ATTEST: oann Mangani to Village Clerk DATE APPROVED: