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HomeMy WebLinkAboutMinutes_Regular_06/08/1995VILLAGE 4F 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 JUNE 8, 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, June 8, 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, and Carl C. Hansen. Also in attendance were: Village Manager Thomas G. Bradford, Village Attorney John C. Randolph, and Department Heads. Village Clerk Joann Manganiello arrived at 8:45 P.M. Councilmember Joseph N. Capretta was absent from the meeting. II. INVOCATION AND PLEDGE OF ALLEGIANCE Mayor Ron T. Mackail gave the Invocation and led those in attendance in the Pledge of Allegiance to the American Flag. III. APPROVAL OF AGENDA Councilmember Schauer requested Item 5B, Code Enforcement Board; March 21, 1995, and Item 5F, Village Manager's Report, be pulled from the Consent Agenda; and the addition under Any Other Matters of Jupiter High School Environmental Academy and a letter from Village Manager Bradford to Councilmembers regarding Ordinance 464. Councilmember Hansen requested the addition the opening of Tequesta Park under Any Other Matters or as part of Item 6B. Village Manager Bradford requested addition under Any Other Matters of Coconut Cove Subdivision Declaration of Covenants and Restrictions. Kecycled Paper Village Council Meeting Minutes June 8, 1995 Page 2 Councilmember Schauer moved that the Agenda be approved as amended. Vice Mayor Burckart 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 The motion was therefore passed and adopted and the Agenda was therefore approved as amended. IV. 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 amended Consent Agenda: V. APPROVAL OF MINUTES AND REPORTS *A) Board of Adjustment; Karch 6, 1995 *C) Community Appearance Board; April 19, 2995 *D) Community Appearance Board; flay 3, 1995 *E) Village Council Meeting; Kay I1, 1995 VII_ APPOINTMENTS *A) Community Appearance Board *I) Consideration of Reappointment of Vic Strahan as a Regular Kember of the Community Appearance Board for a Three- Year Term Expiring on July 31, 2998. (Staff Recommends Approval) IX. NEW BUSINESS *C) Authorization for Village Kanager to Execute Village Council Meeting Minutes June 8, 1995 Page 3 Amendment to Scope of Services for Dover Ditch Improvement Project, Kitigation Site Location l~litigation Plan with Gee & Jenson of West Palm Beach, Florida, in the Amount of $6,170 Previously Authorized by the Public Works Committee of the Village Council, Having an FY 1995 Capital Improvement Fund Budget Allocation of $75,000. (Staff Recommends Approval) *IJ Consideration of Approval of Draft Letter to Tequesta Property Owners Notifying of future Assessment on Tax Bills for Refuse and Recycling Collections Services. (Staff Recommends Approval) Village Manager Bradford explained that there had been a slight amendment to the terms of the letter in item IX(I), which was a minor editorial change. Motion was made by Councilmember Hansen to approve the Consent Agenda as amended with Item 5 ( B) and Item 5 ( F ) deleted. 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 The motion was therefore passed and adopted and the Consent Agenda was approved as amended. Councilmember Schauer referred to Item V (B), Code Enforcement Board; March 21, 1995, and stated she had been receiving many phone calls from residents in regard to the matter of Mrs. Weir's ease. Village Attorney Randolph explained that at the March 21 meeting the Code Enforcement had found a violation to exist on the property as a result of the noise that was being made by too many birds on the property, issued a finding of guilt, and indicated that the problem had to be abated by a date certain. At the next Code Enforcement Board meeting it was learned from testimony by the Code Enforcement Officer that Village Council Meeting Minutes June 8, 1995 Page 4 the problem had not been abated by that time and therefore the Code Enforcement Board assessed a fine from a stated date. Subsequent to that meeting the Village received notice from Mrs. Weir's attorney that she had not received notice of the hearing at which the fine was imposed. As a result, the Village had issued a notice to appear for June 20 for this matter to come back before the Code Enforcement Board to provide an opportunity for Mrs. Weir to testify as to any reasons why a fine should not be imposed. Village Attorney Randolph stated that the Code Enforcement Board was a quasi-judicial body established by ordinance who sit as judges in matters before them; and that it would be prejudicial for the Village Council to attempt to direct what should happen at a Code Enforcement Board meeting. Proper questions would be those in regard to existence of the problem, existence of similar problems within the Village and what could be done about them from a legislative standpoint such as adoption of Ordinances or cleaning up existing Ordinances; but discussion of a pending case would be inappropriate. Councilmember Schauer was advised to refer calls regarding Code Enforcement matters to the Code Enforcement Officer or the Code Enforcement Board, unless calls were in regard to the Board itself and whether it was doing a proper job. Village Attorney Randolph responded to Councilmember Schauer's question about where a resident should turn if a copy of a letter had been requested from the Code Enforcement Officer and was not provided, that the Village staff should be contacted. The Village Attorney stated he could think of no documents pertaining to Code Enforcement cases that would not be public record and therefore any document should be provided upon request. If not provided, the Village Manager or Chief Roderick should be contacted, and if a question existed whether the document was an exemption to public record then the Village Attorney should be contacted. Chief Roderick questioned if the case were under investigation certain records might be exempt, to which Village Attorney Randolph responded that would need to be looked into. Village Council Meeting Minutes June 8, 1995 Page 5 Councilmember Schauer referred to the Village Manager's Report for May 8 - June 2, 1995 and commented that she liked the new format being used for permits. Motion was made by Councilmember Hansen to approve Consent Agenda Items V (B) and Item 5 (F). 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 The motion was therefore passed and adopted. VI. COMMITTEE REPORTS A) Finance and Administration Committee; May 10, 1995. Village Manager Bradford reported that the Finance and Administration Committee had reviewed employee health insurance with a consultant, Mr. Carter of Black Ink Associates, who advised that the Florida Municipal Health Trust would raise their premiums 20-25~ effective October 1, which was unacceptable to the Village. A proposal was made that effective July 1, 1995 the Village would join the Anthem modified PPO plan which would reduce current premiums by 7-1/2~, and give employees a choice of health care providers either within the network, or out of the network at a higher out-of-pocket rate. It had been learned that the Florida Municipal Health Trust planned to go with Dimensions PPO provider on October 1 which would not provide the range of medical facilities available under the Anthem Plan. Village Manager Bradford explained that in order to become affiliated with Anthem that the move had to be made prior to July 1 in order to be grandfathered into the program; and that by slowly moving from the current plan into a PPO to maintain freedom of choice as long as possible for the Village employees that a process could be started to determine future health insurance increases. No change would be made to the current dental and prescription programs by making the change. The Village Council Meeting Minutes June 8, 1995 Page 6 --------------- committee recommended acceptance in order to control health insurance costs facing the Village. Other actions by the Committee included review of the productivity factors report for the Tequesta Water Department wells which indicated that Tequesta operated its wells at a much greater level of efficiency than other departments; considering that in 1990 SFWMD had reduced Tequesta's water allocation from its existing wells which caused productivity levels to go up by using the same amounts of water as previously. However, it did point to a need to fine- tune the well rehabilitation program in order to maximize productivity and capacity of existing wells at all times in order to minimize purchases from Jupiter and to have the maximum amount of surficial water available to the Village in the future in the event that the Village goes to reverse osmosis. The Committee authorized moving forward with the proposed central garage project, which would provide storage for chemicals, tools, and equipment. An ordinance was reviewed which would abolish the Board of Adjustment, however since the Village Manager had been requested to review the Village development procedures in order to make suggestions for improvement to streamline that process, no action was proposed. The Committee reviewed an ordinance which regulated political signs in Tequesta for changes consistent with the recent Supreme Court decision against prohibition of such signs. The new ordinance would be adopted prior to November 1995. Motion was made by Councilmember Schauer to approve Item VI (A), the Finance and Administration Committee Report of May 10, 1995. Motion was seconded by Councilmember Hansen. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer - for Carl C. Hansen - for The motion was therefore passed and adopted. Vice Mayor Burckart had temporarily left the meeting when the vote on this motion was taken. B) Public Works Committee; May 15, 1995. Village Council Meeting Minutes June 8, 1995 Page 7 Village Manager Bradford reported that the Public Works Committee had reviewed a proposed quiet title action by a resident whose position was that the Village should relinquish a 30-foot portion of right- of-way along Tequesta Drive near the bridge granted in the 1940's, contending that the Village had never paved the right of way and therefore it was not valid. The position of the Village was that the Village is using this land unpaved and will use it at any time the bridge needs repair or replacement. The recommendation of the Committee was never to give up the right of way because the cost to regain it when needed would be prohibitive. The Village Manager reported the Committee had reviewed the transfer of assets of JTJC to the Village and recommended that the Village Council receive the property pursuant to the agreement. The Committee also had recommended that the Village Manager be authorized to proceed with executing additions to the contract for mangrove mitigation for the Dover Ditch Improvement Project. The Committee also granted authorization to the Mayor to execute a ten-foot multipurpose utility easement on the south side of the Tequesta Branch Library and another ten-foot easement on the north side of the property for a power transformer. The Village Manager reported that Director of Parks and Recreation Gary Preston had presented a status report regarding Tequesta Park, and that upon conclusion of a few punch list items including restriping of handicap spaces that the Park ~ would open . Mr . Preston responded to Councilmember Schauer that the State would not approve the sign she had requested which would state that the park had been paid for by the Tequesta taxpayers because of opposition by Martin County residents. Mr. Preston explained that the sign with the name of Tequesta Park within Tequesta could remain. Councilmember Hansen urged that the park be opened as soon as possible. Motion was made by Vic (B), the Public Works Motion .was seconded by the motion was: e Mayor Burckart to approve Item VI Committee Report of May 15, 1995. Councilmember Hansen. The vote on Ron T. Mackail - for Village Council Meeting Minutes June 8, 1995 Page 8 William E. Burckart - for Elizabeth A. Schauer - for Carl C. Hansen - for The motion was therefore passed and adopted. VIII. DEVELOPMENT MATTERS A. Consideration of Staff Proposed Procedures Associated with the Implementation of Ordinance No. 377. Village Manager Bradford explained that direction was requested from the Village Council in regard to the recommended process for implementation of Ordinance No. 377. Building Official Scott Ladd provided an overview of the Ordinance, explained the notification process which had been used, and reviewed an implementation flow chart which illustrated possible procedural alternatives. Building Official Ladd explained that property owners had been notified when the Ordinance was adopted and that at the end of the five-year amortization period on March 8, 1995, the majority were not in compliance and therefore were renotified by certified mail in which a letter of intent was requested. Mr. Ladd explained that a second notice requesting a letter of intent was in process, with the first phase having already been mailed, and those who did not respond would be contacted by the Code Enforcement Officer. Building Official Ladd reported over thirty letters of intent had been received and most of those property owners had already hired landscape architects, and that he had received two complete plan packages which were ready to process . Mr . Ladd reviewed the f low chart and commented that many property owners would probably request waivers, stated that there was an option to bring the Community Appearance Board into the process, estimated that 18 months to three years would be needed for the Council to handle all of the applicants, discussed fees involved, and requested the Council's direction. Councilmember Schauer inquired whether every property owner in the Village had been notified at the time Ordinance 377 was passed in 1990. Building Official Village Council Meeting Minutes June 8, 1995 Page 9 Ladd explained that all had been notified except the Beach Road condominiums, and the Village Attorney had advised that those property owners could be given more time to comply, although he had pointed out that the Ordinance did stand alone and the notifications were a courtesy, not mandated or required. Councilmember Schauer asked whether further contact had been made within the 5-year amortization period to which Mr. Ladd responded that 7 to 10 people had come into compliance during that time. Councilmember Schauer shared with the Council that Community Appearance Board Chair Leslie Cook had contacted her regarding that Board's possible involvement. Councilmember Schauer reported she had told Ms. Cook that because of past experience in the K-Mart situation where the Community Appearance Board had approved the landscaping and then had changed it three times, that as much as she appreciated the work of the Community Appearance Board, she preferred to bypass CAB to save those fees and to expedite the process. Councilmember Hansen expressed concern over the notification process which he felt should have included a letter 6 or 12 months ago to notify property owners that the date for compliance was near, and favored additional time for compliance. Building Official Ladd responded that no such letter had been sent, however, explained that because of the number of properties involved that the length of time required to process them all would effectively provide a time extension. Vice Mayor Burckart inquired why County Line Plaza was not on the list, to which Mr. Ladd responded that they had hired a landscape architect but their plans were not yet completed. Vice Mayor Burckart commented that an Ordinance on the books should be enforced; that recently the Council had upheld an Ordinance in the case of Mr. Little who wanted to park a van in front of his house and he felt this Ordinance should also be upheld, or abolished. Mr. Ladd responded that abolishing the Ordinance would be unfair to those who had complied. Mayor Mackail expressed surprise that so many properties were not conforming. In regard to possibly waiving fees, Mayor Mackail stated that consistency was of prime importance in the process. Mayor Mackail recommended that the Ordinance be summarized in bullet format so that it could be more Village Council Meeting Minutes June 8, 1995 Page 10 ------------------------------- easily understood by the public. Mayor Mackail stated that although staff had provided a process, that additional instructions should be considered that were not torturing to understand. Building Official Ladd proposed that a sample review presentation guideline be established. The following items were proposed by Mayor Mackail: • Never assume. The Village of Tequesta may understand Ordinance #377, but that doesn't mean the general public, the business owner, and/or the condo owner understands the Ordinance as it is written. • Identify all changes and components of said changes. Provide as much information as possible regarding changes and how the changes apply. • Avoid confusing terminology even if it appears to be standard. The Code Enforcement Officer understands the terminology, but the general public at large may not understand. Therefore, we should be able to simplify terminology. • List what is required, be specific. Identify requirements. • Boldly list all caveats. • Village of Tequesta should test their own instructions. Make sure they work and that they are easy to follow. • And lastly, add a phone number and a contact person for any questions regarding Ordinance #377. When all else fails, give the property owner a lifeline. Let them know we care and are ready to help. Mayor Mackail stated that the Community Appearance Board had done an admirable job in all of their efforts to beautify the community and to make Tequesta a better place to live, and stated he would value their input; however, expressed concern about an applicant coming back three or four times such as in Village Council Meeting Minutes June 8, 1995 Page 11 ------------------------------- the K-Mart situation. Community Appearance Boardmember Paul Coben commented in defense of CAB actions on the K-mart development application that the Community Appearance Board had worked very hard to correct the negative contributions of the Village Council. Mr. Coben stated that the CAB had gone on record as being willing to help with 377 implementation to accelerate the process, and that he understood the Ordinance specifically excluded the Board of Adjustment and the Community Appearance Board. Mr. Coben stated that with his experience on the Community Appearance Board he believed that the Board would provide some very helpful guidance to accomplish the objective of improving the appearance of the Village. Mr. Coben explained that landscape architects had submitted plans to the CAB which were not in compliance and needed changes to meet code; and that some plans were approved with no changes. Mr. Coben stated that he believed the actions of the CAB should not be regarded as negative or disruptive, that their motives were above reproach, and that he believed the CAB could be a very positive force in implementation of Ordinance 377. Mr. Coben favored a modified procedure under which the Village Council would delegate authority to the CAB through Building Official Ladd to review and approve plans, and explained that if changes were needed CAB would direct the landscape architect to make those changes. Mr. Coben commented that the Community Appearance Board could review the plans much faster than the Village Council could review them. Mayor Mackail agreed with Mr. Coben and stated that the goal was compliance, and suggested that he and Chair Leslie Cook devise a format to expedite the process. Mr. Coben explained that the original idea proposed by the CAB was to support Mr. Ladd as staff, since he had no one to do this project, and had not envisioned holding formal CAB meetings. Mayor Mackail requested that Building Official Ladd work with Mr. Coben's proposal and find a way to eliminate duplications and inconsistencies. Mr. Ladd requested the Village Attorney's direction of required action to involve the CAB, since the Ordinance only Village Council Meeting Minutes June 8, 1995 Page 12 ------------------------------- allowed Council action. Village Attorney Randolph advised that CAB could be involved, that property owners could appear first before the CAB who could either recommend approval or denial, which would save the Council time; if the recommendation were approval, the Council could hear the report and approve it; if the recommendation were denial, that would act as an appeal to the Council and in those instances the Council would need to spend more time; and formal CAB meetings would have to be held. Councilmember Schauer stated that CAB must understand they must properly comply with certain rules, and with the Sunshine Law. Village Manager Bradford focused on direction from the Village Council, and questioned whether waiver requests would go to CAB first. Councilmember Schauer requested clarification of a possible waiver situation and inquired whether the fact that some of the Beach Road condominiums would have to get rid of part of their parking lots in order to comply with Ordinance 377 might be such a situation. The response was. that would be a waiver situation. Village Attorney Randolph commented that would be a situation where the Council could use CAB assistance since with their experience they would be able to look at a plan to determine whether the applicant could do what was required for compliance. In addition to reviewing plans, CAB would be able to advise the Village Council whether or not a waiver would be warranted, so that the Council would have the CAB's recommendation before ruling on whether to grant a waiver. Mr. Ladd stated he had advised applicants that an application seeking to waive all requirements was unacceptable. Village Manager Bradford requested direction for procedure in cases of non-compliance. After discussion, Village Attorney Randolph advised that the procedure should be on a case-by-case basis, since in some cases the Village might desire to correct the violations and assess the costs against the property owner; and in other cases to use Code Enforcement. Village Manager Bradford clarified that non-compliance cases would have to be brought before the Village Council first to determine which action would be Village Council Meeting Minutes June 8, 1995 Page 13 ------------------------------- taken. Councilmember Schauer questioned whether the Building Department was able to comply with the required procedure of sending notification in non- compliance cases, and was assured by the Village Manager that the procedure could be accomplished. Hal Hutchinson, 77 Camelia Circle, inquired whether the percentage of 15$ green space was arbitrary. Village Manager Bradford explained that the CAB Ordinance which existed at the time the percentage was established for Ordinance 377 required 10~ green space, and a comparative analysis of other municipalities in Palm Beach County had been conducted which determined that 15% was very reasonable and justifiable. Mr. Hutchinson inquired who the few properties were that had complied with the Ordinance; Mr. Ladd replied he did not know who they were without researching them. Mr. Hutchinson pointed out that the Village Hall was not in compliance with the Ordinance. Village Manager Bradford explained that the reason was that the Village had waited to determine whether the library would be located next to the Village Hall since they did not intend to spend money for landscaping only to have to change it if the library were built there, and that funds had been budgeted for quite some time, that a landscape architect had been hired, and that the Village would come into compliance. Mr. Hutchinson stated that in his opinion the Ordinance was absurd; that the Village was getting more unfriendly to businesses, which was not the way to entice people to maintain businesses in the Village; and that he believed the 15$ green space number had been arbitrarily selected. Councilmember Schauer made a motion to approve the implementation process for Ordinance 377 with the involvement of the Community Appearance Board in which the Community Appearance Board would review plans and recommend approval or denial to the Village Council, and would provide recommendation to the Village Council as to the validity of requested waivers; that the implementation process would require staff to issue written guidelines in bullet form, would require that cases of non-compliance be handled on a case-by-case basis, and would leave unchanged all fees associated with development review. Motion was Village Council Meeting Minutes June 8, 1995 Page 14 ------------------- seconded by Councilmember Hansen. During discussion of the motion, Building Official Ladd was instructed to determine how many cases to present at a particular meeting and whether additional meetings would be needed. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - for Carl C. Hansen - for The motion was therefore passed and adopted. A resident questioned the fees involved in the development review process. Village Manager Bradford stated that there was a landscape waiver fee and a Community Appearance Board fee. Mayor Mackail requested that Mr. Ladd include those fees in the bulleted written guidelines. B) Request for Temporary Outdoor Facility (Garden Center) for K-Mart at County Line Plaza during Expansion Project. Bowen Construction, Applicant, 500 U.S. Highway One. Anne Marie Eustace, Interplan Practice, representing Bowen Construction, requested a temporary variance of 90 to 120 days to the Village Ordinance prohibiting outdoor sales. Ms. Eustace stated they would like to erect a tent for the Garden Center materials to be relocated within the parking area during construction, and anticipated the time to only take 90 days. Vice Mayor Burckart questioned relinquishing .parking spaces to which Ms. Eustace responded that 22 spaces would be given up during the construction period, however all would not be eliminated at the same time. Village Manager Bradford objected to the tent. Pictures provided by Ms. Eustace established that the structure was really a canopy structure rather than a tent. Councilmember Schauer made a motion to approve the request for a temporary outdoor facility for K-Mart during their expansion at County Line Plaza. Motion was seconded by Councilmember Hansen. The vote on the motion was: Ron T. Mackail - for Village Council Meeting Minutes June 8, 1995 Page 15 William E. Burckart - for Elizabeth A. Schauer - for Carl C. Hansen - for The motion was therefore passed and adopted. IX. NEW BUSINESS A) Authorization to Purchase Two (2) Nu-Metrics NC30X Traffic Count Cards for Statistics Relative to Vehicular Traffic from Nu-Metrics Corporation of Pine Bluff, Arkansas, in the amount of $1,115, said Funds for which have not been allocated in the FY 1995 Budget; Requesting Authorization to Purchase the Same from the Undesignated Fund Balance of the General Fund Estimated to be $802,000. (Staff Recommends Approval). Councilmember Hansen reported a discussion at the recent Public Safety meeting of the traffic count cards had led to a recommendation from the Committee that four cards were needed instead of two in order to have proper flexibility in analyzing traffic conditions. Village Manager Bradford stated the cost for four cards would be $1,785, and that the software was included in that price. The Village Manager explained that the cards would reduce the need for traffic engineers, however it would still be necessary to hire a traffic engineer for advice and possibly to analyze the information obtained from the cards. Councilmember Hansen made a motion to approve the purchase of Four (4) Nu-Metric NC3-X Traffic Count Cards in the amount of $1,785. 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 The motion was therefore passed and adopted. B) Consideration of Approval of Agreement with JTJC to Convey to the Village Real Property, Fixtures and Village Council Meeting Minutes June 8, 1995 Page 16 Furnishings and Authorizing the Mayor to Execute the Same on Behalf of the Village. (Staff Recommends Approval) Village Manager Bradford explained that the dissolution of the JTJC non-profit corporation entailed the transfer of all their remaining assets to the Village of Tequesta and that the JTJC property continued to be utilized for general recreation purposes without any ongoing management of the facilities or the organizations using the facilities, which was not acceptable to the Village in the long-term picture. Village Manager Bradford questioned whether assumption of the assets would further delay the development of Constitution Park, and commented that approximately $5,000 would be needed for improvements to the building. Village Attorney Randolph stated that the takeover would have no direct relationship to the existing lawsuit, however no guarantee could be given whether another lawsuit might be filed. In response to Vice Mayor Burckart's question whether the Village could countersue, Attorney Randolph advised a separate lawsuit could be filed in the event that malicious prosecution could be proved, which should be discussed in a one-on-one basis. Mayor Mackail requested that the Village take action against the current lawsuit parties, and requested that Attorney Randolph determine how to proceed. After discussion, it was the consensus of the Village Council to assume the assets since there was no way to determine the effect on the parties who had filed the existing lawsuit, and these assets could form the genesis of a Tequesta Recreation Center. Nancy Hurst, 2 Westwood Avenue, President of Tequesta Gardens Association Board of Directors, expressed the desire that when the Village took over from JTJC that the plans not be varied from those under the last lease agreement, and stated that with that caution the Board of Directors of Tequesta Gardens Association agreed that the Village should take over the property. Mayor Mackail expressed his agreement. Dottie Campbell, 4 Tradewinds, stated that this was a gift from JTJC and would be a gift to the residents of Tequesta, and urged the Council to proceed as quickly as possible. Village Council Meeting Minutes June 8, 1995 Page 17 ------------------------------- Motion was made by Vice Mayor Burckart to approve the agreement to assume the assets of Jupiter Tequesta Junior Citizens properties. 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 The motion was therefore passed and adopted. D) Consideration of Designation of Village Property as Surplus Pursuant to Section 3.02(8) of the Village Charger. (Staff Recommends Approval) (1) 1991 Ford Crown Victoria Police Car VIN #2FACP72G7MX175631 (2) All items listed in Chief of Police memorandum of June 1, 1995 intended for auction or destruction. Motion was made by Councilmember Schauer to approve Item IX (D). 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 The motion was therefore passed and adopted. (E) Village Attorney Review of 1995 Florida Legislation Authorizing Local Governments to Establish a Disclosure Process Removing the Presumption of Prejudice from Ex Parte Communications with Appointed or Elected Public Officials Related to Quasi-Judicial Pending Matters. Village Attorney Randolph explained that recent legislation, if signed by the Governor, would allow adoption of a Resolution so that Village Councilmembers would be able to Village Council Meeting Minutes June 8, 1995 Page 18 speak with residents in regard to matters that would be brought before the Council and then to disclose those contacts at Village Council meetings. After discussion, it was the consensus of the Village Council to have Attorney Randolph prepare the proper Resolution for review by the Village Council. (F) Discussion of Strategies Relative to Future Tequesta Annexation Efforts. Councilmember Hansen stated that the Village had an obligation to continue annexation efforts and that the Village Council should decide when to proceed. After discussion which included comments that a referendum should be delayed and that planning should begin for special legislation in the next 1996 session to start bringing in enclaves chosen by the Village Council, Mayor Mackail recommended a workshop to strategize and determine goals and objectives, which Village Manager Bradford was instructed to schedule. (G) .Resolution No. 23-94/95 - Adopting Design/Build Contract Criteria to be Used by the Village of Tequesta per Florida Statutes. (Staff Recommends Approval) Village Manager Bradford explained that although funds had been budgeted for two years for a centralized garage facility, no action had been taken because of the high cost; however, recent legislation had been passed to allow municipalities to take advantage of a design/build procedure which would speed construction time and reduce costs. The Village Manager reported that the Finance and Administration Committee had recommended that the Village proceed with this project using the design/build process. Discussion ensued regarding the process. Village Attorney Randolph clarified that the Consultant's Competitive Negotiations Act required a lengthy, detailed process prior to obtaining an architect, and if the contract was over a specified amount then the Act had to be followed in regard to obtaining a consultant; and this amendment to the Act combined those steps to save time and therefore money. Motion was made by Councilmember .Hansen to approve Resolution No. 23-94/95. Motion was seconded by Village Council Meeting Minutes June 8, 1995 Page 19 ------------------------------- Councilmember Schauer. Village Attorney Randolph read Resolution 23-94/95 by title only. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - for Carl C. Hansen - for The motion was therefore passed and adopted. H. Consideration of a Design/Build Contract to Gee & Jenson of West Palm Beach, Florida, in the Amount of $29,500 for the Central Garage Project, Having an FY 1995 Water Enterprise Fund Retained Earnings Account Budget Allocation of $422,000. Staff Recommends Approval) Village Manager Bradford explained that this was the contract to begin the garage project. Mayor Mackail directed that additional slab or other provisions for future expansion be included in the project. Walter Department Director Tom Hall commented that provisions for expansion had been included in the plans. Mayor Mackail requested that another Finance and Administration Committee meeting be held relative to this matter. Motion was made by Councilmember Hansen to approve the Design/Build contract from Gee & Jenson in the amount of $29,500. 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 The motion was therefore passed and adopted. X. UNFINISHED BUSINESS (A) Consideration of Additional Appointments to the Country Club Drive Task Force. Village Council Meeting Minutes June 8, 1995 Page 20 Village Manager Bradford reminded the Village Council that at their May 11 meeting they had appointed five members to the Country Club Drive Task Force: Joan Marshall, Bill Treacy, Gary Collins, Mac Goodner, and Bill Clifton; and had indicated that other members would be appointed at this meeting. Village Manager Bradford stated that the following names had been submitted to him as possible candidates: Ernie Bryan, Chuck Hartley, Gene Robbins, Steve Downey, Dick Niebling, and Mary Alice Klimas; and that all except Mr. Bryan had indicated their willingness to serve. In response to questions by Village Councilmembers, Village Manager Bradford verified that the joint study assumptions would be a part of the first package for the task force, that it would consist of a total of ten members, and that total Village traffic would be addressed. Motion was made by Councilmember Schauer to approve the appointment of Chuck Hartley, Gene Robbins, Steve Downey, Dick Niebling, and Mary Alice Klimas as additional members of the Country Club Drive Task Force. 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 G. Hansen - for The motion was therefore passed and adopted. XI. ANY OTHER MATTERS Councilmember Schauer introduced Cindy George with the Jupiter High School Environmental Academy, who described the success of the program and requested that the Village consider using student interns in the Water Department. Ms. George also mentioned that some students would possibly be able to assist the Village by identifying exotic plants in connection with implementing Ordinance 377. Water Department Director Hall expressed concern for possible liability issues because of hazardous materials used in the department. Mayor Mackail asked that Director Hall contact the program coordinator to see if those concerns could be worked out. Vice Mayor Burckart suggested that one or two interns might be used in the Parks and Recreation Department. Village Council Meeting Minutes June 8, 1995 Page 21 ------------------------------- Councilmember Schauer discussed Ordinance 464 in regard to the Tequesta Pines Property Owners Association and questioned the Village Manager whether this was similar to what the Village had done with the Country Club Association. Village Manager Bradford responded that it was similar; however, there were differences in zoning classification, and minimum lot size, and the Council would need to determine whether they wanted to apply the same restrictions to smaller lots, and commented that he had discussed the matter with Gene Robins. Councilmember Hansen stated he was interested in opening Tequesta Park as soon as possible. Director of Parks and Recreation Gary Preston explained that the opening date was in the hands of Martin County since an error in striping handicap parking spaces had to be corrected. Village Manager Bradford referred to the 12/8/94 approval for Coconut Cove subdivision preliminary and final plat review subject to final approval of declaration of covenants, conditions and restrictions. Village Attorney Randolph stated that the deed restrictions had not been approved, and reviewed amendments he had made which included the ability of the Village to maintain the common property if they saw fit and to charge the cost to each lot owner on a pro rata basis and then to be able to lien each lot owner who did not pay their pro rata share. Also language had been included to state that any provisions which benefited the Village could not be amended. In regard to pavers on Coconut Lane, Building Official Ladd agreed that Exhibit "B" sufficiently covered the roadway since the Village would also be able to maintain the road if the property owners did not do it and would be able to lien the property owners. Village Manager Bradford expressed concern that Coconut Lane might become a future problem similar to Eastwinds Road and Shay Place; however, Attorney Randolph clarified that the deed restrictions would run with the land and anyone purchasing the property must abide by those covenants. Councilmember Schauer was also concerned regarding future problems. Motion was made by Vice Mayor Burckart to approve the Covenants and Deed Restrictions for Coconut Cove. Councilmember Hansen seconded the motion. The vote on the motion was: Village Council Meeting Minutes June 8, 1995 Page 22 ------------------------------- Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - against Carl C. Hansen - for The motion was therefore passed and adopted. VII. COMMUNICATIONS FROM CITIZENS Michael Laughran, 150 Chapel Drive, inquired as to the status of a letter presented at the March 21 Code Enforcement meeting which urged that stricter Code Enforcement pertaining to animals be adopted by the Village. At that meeting the Village Attorney had advised that the Clerk of the Board could deliver the letter to the Village Council for their consideration. Mr. Laughran stated he did not consider the code violations of 146 Chapel Lane to be an open investigation since the property owner was found guilty and a fine imposed. Mr. Laughran stated he would like to visit Police Department the next afternoon to obtain a copy of the letter he had mentioned earlier. Village Manager Bradford stated he did not believe the Council had seen the letter, but stated that proposals to give the Village more power in situations such as this were being worked on. Attorney Randolph stated that probably the matter was not an open investigation; Village Manager Bradford stated that therefore the records were probably available under the public information laws. In regard to a letter from Judy Weir's attorney, Mr. Laughran stated that he would contact the Code Enforcement Officer to obtain a copy. Wade Griest questioned the result of the earlier discussion regarding Code Enforcement, agreed with Mr. Coben's offer on behalf of the Community Appearance Board to help the Village Council in the implementation of Ordinance 377, and commented that at the April 12, 1994 Code Enforcement Board meeting that one person was charged with a $500 per day fine for one violation, $250 per day for another, and $250 for a third, or $1,000 per day, and that the case had still not been settled. Mr. Griest clarified that the Councilmembers received for review all minutes of all Village Board meetings prior to Village Council meetings and therefore prior to any discussion concerning the events of any of the board meetings. Mr. Griest stated that he sometimes wondered whether the Council fully understood all of those Village Council Meeting Minutes June 8, 1995 Page 23 ------------------ events, and that in the Weir case the neighbors were living with the problem, which was a disgrace, which the Councilmembers would understand if they had attended the last two Code Enforcement Board meetings. William Treacy, 215 Country Club Drive, explained that the letter requested by Mr. Laughran had been addressed to him and that he had turned it over to Officer Davis . Mr . Treacy addressed heavy construction traffic on Country Club Drive, which had recently increased, and requested that the law be enforced prohibiting these vehicles. XV. ADJOURNMENT Councilmember Schauer moved that the meeting be adjourned. Vice Mayor Burckart 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 the motion was therefore passed and adopted and the meeting was adjourned at 9:58 P.M. Respectfully submitted, Betty our Recording Secretary ATTEST: - - - ! ~.~/ J ann Mangani to Village Clerk DATE APPROVED: ~y a y . i99s'