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HomeMy WebLinkAboutMinutes_Regular_09/04/1991} VILLAGE OF TEQUESTA Post Office Box 3273 • 357 Teyuesta Drive Tequesta, Florida 33469-0273 • (407) 575-6200 FAX: (407) 575-(203 V I L LAG E O F T E Q II E S T A V I L LAG E C O II N C S L M E E T I N G M I N II T E 8 S E P T EMS E R 4, 1 9 9 1 I. The. Tequesta Village Council held a regularly scheduled meeting at the Village Hall, 357 Tequesta Drive, Tequesta, Florida, on Wednesday,, September 4, 1991. The meeting was called to order at 7:00 P.M. by Vice Mayor Ron T. Mackail. A roll call was taken by the Recording Secretary, Fran Bitters. Councilmembers present were: Vice Mayor Ron T. Mackail, Edward C. Howell, and Earl L. Collings. Mayor Joseph N. Capretta was out of town, and William E. Burckart was not in attendance at roll call. Village Officials present were: Village Manager Thomas G. Bradford, and Bill Kascavelis, Finance Director. Department Heads and John C. Randolph, Village Attorney, were also in attendance. II. INVOCATION AND PLEDGE OF ALLEGIANCE Earl L. Collings gave the Invocation and led those in attendance to the Pledge of Allegiance to the American Flag. III. APPROVAL OF AGENDA Village Manager Bradford asked that: o Battalion Chief Murphy of Palm Beach County Fire Rescue be allowed to make a presentation to Tequesta Police Chief Carl Roderick to appear on the Agenda as Item VIII (D) o Another presentation under Item VIII (E); o Under ANY OTHER MATTERS, the proposed meeting with the School Board; o Delete Item X (F) to be postponed for another meeting. Recycled Paper Village Council Meeting Minutes September 4, 1991 Page 2 ------------------------------- Councilmember Collings moved to approve the Agenda as amended. Councilmember Howell seconded the motion. The vote on the motion was: Edward C. Howell - for Earl L. Collings - for Ron T. Mackail - for the motion was therefore passed and adopted and the Agenda was approved as amended. IV. PIIBLIC HEARINGB A) Review of Proposed Village Special Revenue Fund, Debt Service Fund, Capital Improvement Fund, Water Enterprise Fund and General Fund for Fiscal Year 1991/92. 1. Improvement Bond Revenue Fund Village Manager Bradford reported that this is a Fund created to account for revenues and expenditures of revenues the Village receives which are pledged to its outstanding debt. Total Estimated Revenues - FY92 $ 874,400.00 Fund Balance Estimated 10/1/91 $ 25,885.00 Total Revenues & Fund Balance Est. $ 900,285.00 Total Expenditures $ 880,000.00 Fund Balance Estimated 9/30/92 $ 20,285.00 Total Expenditures & Fund Balance $ 900,285.00 2. Improvement Bond Revenue Sinking Fund Village Manager Bradford reported that this is a Fund created for revenues and expenditures for the debt service of the General Fund. Total Estimated Revenues - FY92 $ 87,500.00 Fund Balance Estimated 10/1/91 $ 37,752.00 Total Revenues & Fund Balance Est. $ 125,252.00 Total Expenditures $ 90,375.00 Fund Balance Estimated 9/30/92 $ 34,877.00 Total Expenditures & Fund Balance $ 125,252.00 village Council Meeting Minutes September 4, 1991 Page 3 ------------------------------- 3. Capital Improvement Fund Village Manager Bradford reported that this is a Fund created to account for major capital expenditures. Total Estimated Revenues - FY92 $ 319,650.00 Fund Balance Estimated 10/1/91 $ 109,671.00 Total Revenues & Fund Balance Est. $ 429,321.00 Total Expenditues $ 398,950.00 Fund Balance Estimated 9/30/92 $ 30,371.00 Total Expenditures & Fund Balance $ 429,321.00 4. Water Department Enterprise Fund Total Estimated Revenues - FY92 $2,074,300.00 Total Operating Expenditures FY 92 $1,520,425.00 Debt Service Expense FY92 $ 330,005.00 Total Capital Outlay Expenditures $2,242,800.00 5. General Fund Village Manager Bradford reported that this is a Fund with revenues from tax assessments. This year's millage rate is 5.4085. The proposed millage rate increase over the prior year is 8.17, with the prior year millage rate of 6.34$. Total Estimated Revenues - FY92 $3,483,487.00 Fund Balance Estimated 10/1/91 $ 662,209.00 Total Revenues & Fund Balance Est. $4,145,696.00 Fund Balance Estimated 9/30/92 ~ $ 663.516.00 Councilmember Collings explained to the public that the two major increases in the Budget were because of increases from Palm Beach County Fire Rescue and Health Insurance increases. Councilmember Howell felt the Budget could have been cut more, perhaps with body count. Mr. Bradford explained that two positions are being vacated and not re-filled. Vice Mayor Mackail pointed out that the Village has fewer employees today than seven years ago. Dottie Campbell stated she felt that some places which could be cut were overlooked, i.e., American Express cards with high annual fees. Mr. Bradford reminded Mrs. Campbell that the present Budget was in fact a "no-fat" Budget and that the Village expenditures were not responsible for the increased tax rate. village Council Meeting Minutes September 4, 1991 Page 4 ------------------------------- Edwin Nelson stated that as a member of a citizen's Budget Oversight Committee he felt there was no way to trim the Budget any further than it has been trimmed, and that it was well-prepared, well-presented. 6. Adoption of Tentative village Budgets Councilmember Collings moved to approve the proposed Budget. Councilmember Howell seconded the motion. The vote on the motion was: Edward C. Howell Earl L. Collings Ron T. Mackail - for - for - for the motion was therefore passed and adopted. 7. Announcement of Proposed Millage Rate (5.7515) and Percent (8.17$) by which the Re-computed Proposed Millage Rate Exceeds the Rolled-Back Millage Rate (5.3172). Village Manager Bradford announced the proposed millage rate as being 5.7515 mills and the percent 8.17$ by which the re-computed proposed millage rate exceeds the rolled- back millage rate which is 5.3172. Councilmember Collings moved to approve the proposed millage rate of 5.7515. Councilmember Howell seconded the motion. The vote on the motion was: Edward C. Howell Earl L. Collings Ron T. Mackail - for - for - for the motion was therefore passed and adopted. Councilmember Burckart arrived at 7:30 p.m. v. CONSENT AGENDA All items listed with an asterisk (*) are considered routine and will be enacted by one motion. village Council Meeting Minutes September 4, 1991 Page 5 ------------------------------- VI. APPROVAL OF MINUTES AND REPORTS *A) Board of Adjustment Meeting - July 15, 1991. *B) Community Appearance Board, July 24, 1991 *C) village Council Meeting - August 15, 1991 *D) Village Managers Report - August 12 - August 30, 1991. Councilmember Burckart asked to speak on previously deleted Consent Agenda Item X (F) under ANY OTHER MATTERS. Councilmember Howell moved to approve the Consent Agenda as amended. Councilmember Collings seconded the motion. The vote on the motion was: William E. Burckart - for Edward C. Howell - for Earl L. Collings - for Ron T. Mackail - for the motion was therefore passed and adopted and the Consent Agenda was approved as amended. VII. COMMITTEE REPORTS A) Finance and Administration Committee Meeting - August 19, 1991. Mr. Bradford gave an overview of the Committee Meeting which reviewed the latest submittal of the Facilities Planning Department of Palm Beach County regarding the Site Plan for the proposed Tequesta Branch Library. The proposal was to move the front entrance of the Library as close as possible to the park to allow a one-way in through the existing Village Hall entranceway, which would then follow along the north side of the Library and into a parking lot. The exit would be to the east of the park on out to Tequesta Drive. The Committee was generally in favor of that submittal. The Committee asked that the County absorb the costs of moving the water utilities equipment located at that site. The County has agreed to pay for the relocation of those utilities. village Council Meeting Minutes September 4, 1991 Page 6 ------------------------------- Vice Mayor Mackail stated that the original cost of land and library was $716,000. The Village has donated the land, yet the cost remains $716,000. Mr. Mackail agreed with Mayor Capretta's request of the Library to offer some accountability as to the expenditures. Mr. Bradford explained that it was his understanding that any excess monies that would be available would be used to purchase new books. He further stated that the Library has agreed to submit a Budget in response to Mayor Capretta's request. Councilmember Burckart moved to approve the Finance and Administration Committee Meeting Minutes of August 19, 1991. Councilmember Collings seconded the motion. The vote on the motion was: William E. Burckart - for Edward C. Howell - for Earl L. Collings - for Ron T. Mackail - for the motion was therefore passed and adopted. B) Finance and Administration Committee Meeting - August 28, 1991. Mr. Bradford stated this meeting was a review of the changes in the proposed reorganization of the staff and the changes to the Budget that had occurred since the July Workshops. At this meeting Mr. Bradford recommended to the Committee (and they accepted) the idea of appointing Mrs. Manganiello as Administrative Assistant/Village Clerk and reviewed increases to the Budget. Councilmember Burckart moved to approve the Finance and Administration Committee Meeting Minutes of August 28, 1991. Councilmember Howell seconded the motion. The vote on the motion was: William E. Burckart - for Edward C. Howell - for Earl L. Collings - for Ron T. Mackail - for the motion was therefore passed and adopted. Village Council Meeting Minutes September 4, 1991 Page 7 VIII. APPOINTMENTS *A) Consideration of Re-Appointment of Code Enforcement Board Members Tim Goldsbury, Bill Sharpless, and Bill Treacy to a Three-Year Term Expiring on 9/28/94. (Staff Recommends Approval). B) Community Appearance Board *i) Consideration of Appointing Current Alternate Member Ruth Maitland as a Regular Member of the Community Appearance Board to a Three-Year Term Expiring on 9/4/94. (Staff Recommends Approval). *2) Consideration of Appointing Marcia Neilson as an Alternate Member of the Community Appearance Board Filling the IInexpired Term of Ruth Maitland Expiring on 4/12/92. (Staff Recommends Approval). C) Consideration of Appointments to the Loxahatchee River Environmental Control District (ENCON) Stormwater IItility Management Advisory Committee. (Staff Recommends Approval). 1. Regular Member - Dr. Ernest Ruonen 2. Alternate Member - Ms. Monica Ramirez Both Dr. Kuonen and Ms. Ramirez were in attendance. Mr. Bradford introduced the two. Councilmember Burckart felt it was appropriate for Council to give direction to the representatives. Mr. Bradford stated he would provide the two representatives with all the paperwork to date, give them time to review, give them staff thoughts, and keep them updated regularly. At the appropriate time they will be asked to come to a Committee meeting to review any Village problems or concerns with the proposal. Councilmember Collings asked the two representatives what exactly moved them to volunteer to serve. Village Council Meeting Minutes September 4, 1991 Page 8 Dr. Kuonen stated he had lived in Tequesta for several years and felt this would give him opportunity to serve his community, as well as being qualified to serve in this position. Ms. Ramirez stated that her expertise in Secondary Science and a Computer Curriculum Specialist with Palm Beach County, and felt it was important for citizens to invest into their environmental future. Councilmember Collings moved to appoint Dr. Ernest Kuonen and Ms. Monica Ramirez to the Loxahatchee River Environmental Control District Stormwater Utility Management Advisory Committee. Councilmember Burckart seconded the motion. The vote on the motion was: William E. Burckart - for Edward C. Howell - for Earl L. Collings - for Ron T. Mackail - for the motion was therefore passed and adopted. D) The Palm Beach County Fire Rescue Service offered a course curriculum designed to train police officers in fire suppression techniques. That course was completed by fourteen officers of the Tequesta Police Department, including Chief Carl Roderick. Battalion Chief Murphy of Palm Beach County Fire Rescue presented Village Police Chief Carl Roderick with a Certificate of Completion for that course. E) Village Manager Bradford present Mrs. Cheryl Onorato with a Village of Tequesta Proclamation in recognition of community service of Mrs. Onorato for her commitment to the dedicated service to the quality of education for the children of the local community. Village Council Meeting Minutes September 4, 1991 Page 9 IB. DEVELOPMENT MATTERS A) Site Plan Review for Construction of a 900 square foot Single Story Detached Office Building for Nosale Nolen, 341 South old Dixie Highway, Tequesta. Charles W. Wagner, Associated Builders and Designers, Inc. Charles Wagner, Builder and Ken Nolen, owner of Nozzle Nolen were in attendance. Scott Ladd, Building Official, reported that this application is the result of Mr. Nolen wanting to regain some of the lost square footage by virtue of the Palm Beach County taking of his land with the right-of-way improvements of Old Dixie Highway widening to five lanes. About 25$ of Mr. Nolen's building was lost in that taking. However, he has enough land area on the eastern portion of his property to erect and regain that square footage. As part of the Site Plan Review there is a request for extension to the Landscape Waiver previously received by Mr. Nolen. Mr. Nolen would prefer to hold off on landscaping until the right-of- way construction is completed. Mr. Ladd reported that parking requirements are met under this Site Plan. Councilmember Burckart asked how this property could possibly meet the Village Landscape Code. Mr. Ladd responded that some properties just will not be able to meet that Code; that is why a Waiver provision is inserted in the Code. A Waiver would have to come before Council for approval on a site-by- site basis. Councilmember Collings moved to approve the Site Plan Review for addition to Nozzle Nolen, with the provision that the landscaping can be held off until the roadway is completed, then a landscape plan presented to the Community Appearance Board. Scott Ladd added that he had felt that 30 days after the completion of the roadway would be ample time for Nozzle Nolen to submit a landscaping plan. Councilmember Collings amended his motion to reflect accordingly. Councilmember Howell seconded the motion. The vote on the motion was: William E. Burckart - for Edward C. Howell - for Earl L. Collings - for Ron T. Mackail - for the motion was therefore passed and adopted. Village Council Meeting Minutes September 4, 1991 Page 10 ------------------------------- 8. NEW BUBINE88 A) Ordinance - First Reading - Regulating the Installation and Maintenance of Newsracks. (Staff Recommends Approval). Village Manager Bradford reported that this Ordinance was reviewed by the Finance and Administration Committee on August 30, 1991. This Ordinance was prepared in response to a Village problem of newsracks spreading across the landscape practically overnight. Therefor, some regulation and controls were needed regarding the placement, etc. associated with newsracks. Attorney Randolph stated that basically the Ordinance imposes regulations, not prohibitions. It defines newsracks, provides for a prohibition on roadways, and within residential zoning districts, provides for certain prohibitions on sidewalks, primarily aimed at public safety, indicating that installations on sidewalks must not interfere with pedestrian traffic or with vehicular traffic, etc. It provides standards when located on sidewalks, comparable with Ordinances of other communities. The height, depth and width of the newsracks is regulated, how far from the curb or driveways, maintained to be aesthetically pleasing in character, painted with neutral colors, etc. Mr. Randolph explained that the Palm Beach Post had contacted him this very afternoon requesting a copy of the Ordinance to review. Fred Schmidt, Regional Zone Manager for the Palm Beach Post was in attendance at this Council meeting and requested that Council hold off before adopting this Ordinance in order to allow the Post ample time to review the Ordinance thoroughly. After discussion of several different details of the Ordinance, Council felt it may need more work before adoption, and perhaps brought to a Committee, such as the Finance and Administration Committee, for re-working. Village Council Meeting Minutes September 4, 1991 Page 11 Councilmember Collings moved to table the above-referenced Ordinance. Councilmember Howell seconded the motion. The vote on the motion was: William E. Burckart - for Edward C. Howell - for Earl L. Collings - for Ron T. Mackail - for the motion was therefore passed and adopted. B) Ordinance - First Reading - Amending Section 10-19 of the Village of Tequesta Code of Ordinances Relating to Notice of Violation for Unlawful Growth of Weeds, Undergrowth and Other Plant Life, and Amending Section 10-21 Relating to the Sanitary Lien Book. (Staff Recommends Approval). Village Manager Bradford explained this Ordinance proposes a new procedure to allow the Village to abate violations of Chapter 10 of the Code of Ordinances. Attorney Randolph stated that previously, when a person had an overgrown lawn, in violation of the Ordinance, the procedure was one where the Village had to bring the matter before Village Council to adopt a Resolution; once having adopted the Resolution, the Village could conduct work in the property, then lien the property for the cost of the work done. This Ordinance would not require a Resolution to be adopted; it only requires that the owner be notified 15 days in advance stating there is a condition that needs to be rectified and they will be asked to abate that condition. If the owner contests it, he/she has the right to come before the Code Enforcement Board to contest. If there is no contest, the Village can take corrective action, bill the property owner, and in the event the bill is not paid, lien the property. This Ordinance provides a more workable solution to the problem than is now provided. Councilmember Burckart did not feel that merely mailing a Notice of Violation could be considered legal notification, since many residences are away from their homes for months at a time. Councilmember Collings stated that Return Receipt Requested would be considered legal notification. Mr. Burckart did not feel the Ordinance stated that specifically. Attorney Randolph explained that a problem with that would be Village Council Meeting Minutes September 4, 1991 Page 12 ------------------------------- be that a violator could intentionally choose not to receive the notification, leaving no remedy for the Village. Scott Ladd reported that this Ordinance is aimed at those violators who have had an uncooperative attitude toward normal enforcement procedures, and related incidences where the violator refused to be served a Notice of Violation when delivered personally by the Tequesta Police Department, ripping up the Notice in front of the Officer. Attorney Randolph stated that if the Village wanted to publish constructive notice if a receipt is not received back within 10 days, that would be legal notice, but it would slow down the procedure. Councilmember Burckart stated he could support the Ordinance if that language appeared within it. Attorney Randolph read the Ordinance by Title: ~~AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQIIESTA, FLORIDA, AMENDING SECTION 10-19 OF THE VILLAGE OF TEQIIESTA CODE OF ORDINANCES RELATING TO NOTICE OF VIOLATION FOR UNLAWFUL GROWTH OF WEEDS UNDERGROWTH AND OTHER PLANT LIFE; AMENDING SECTION 10-21 OF THE VILLAGE OF TEQIIESTA CODE OF ORDINANCES RELATING TO THE SANITARY LIEN BOOR; PROVIDING FOR BEVERABILITY, PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT, PROVIDING FOR CODIFICATION, PROVIDING FOR EFFECTIVE DATE.~~ Attorney Randolph stated he would polish up the language, but that basically the intent would be that, in the event a response is not received by certified mail within 10 days of mailing the Notice of Violation, the Village will publish and give constructive notice in a newspaper of local circulation, giving 10 days from that date to correct the problem. Councilmember Collings moved to approve the First Reading of the above-referenced Ordinance, with the stated amendment. Councilmember Howell seconded the motion. The vote on the motion was: William E. Burckart - for Edward C. Howell - for Earl L. Collings - for Ron T. Mackail - for the motion was therefore passed and adopted. Village Council Meeting Minutes September 4, 1991 Page 13 ------------------------------- C) Ordinance - First Reading - Amending Section 10-18 of the Code of Ordinances Relating to Unlawful Growth; Creating Section 10-26 to Prohibit overhanging Limbs or Branches; Creation Section 10-27 to Prohibit Vegetation from Growing Upon and Impeding Public Rights-of-Way, Permitting the Village to Remove Such Impediments and Providing for the Placement of Liens; Creating section 10-28 to Require Clearance Above Sidewalks, Bike Trails and Roadways, and Creating Section 10-29 to Regulate Composting. (Staff Recommends Approval). Village Manager Bradford explained that this Ordinance clarifies that which is now unlawful, changing different items which would be a violation of the Code and regulates composting,. clearance above sidewalks, limbs overhanging neighboring properties,. duties to trim certain trees, and enumerates unlawful growth. Councilmember Burckart felt this Ordinance attacks a lot of areas which are not readily apparent, and felt that Village was creating far too many Ordinances. Councilmember Howell felt this Ordinance was 'using a sledgehammer to kill a fly'. Councilmember Collings stated that the core of this Ordinance is to prohibit overhanging limbs and vegetation from impeding public rights-of-way. Attorney Randolph stated that Sections A,B,C, and D of the Ordinance were not new, but merely clarifying what the Village already has in effect. The second page of the Ordinance is primarily the new addition. Because much debate took place regarding this Ordinance over the concern of certain rights being limited or given up in order to address certain of the problems, no action was taken on this issue. D) Ordinance - First Reading - Amending Chapter 6, Building Regulations, Article VIII, Permit Fees, Section 6-142. (Staff Recommends Approval). Mr. Bradford explained that this Ordinance was prepared since the Village does not currently have a policy directive by virtue of an Ordinance of the Village Council regulating or stating what should be done by staff whenever there are expired permits and builders request a refund of permits for building fees. It has been the practice of the Village in the past when a permit expires not to refund any monies. Some s village Council Meeting Minutes September 4, 1991 Page 14 other communities give refunds years later after a permit has expired. Mr. Bradford would not recommend that. This Ordinance states that when a permit is pulled, 30 days are allowed to request a refund. After the 30-day period a permit extension can be requested, but at each extension a fee equal to 25~ of the original permit fee must be paid in order to receive the extension. Councilmember Collings felt it was a good and logical Ordinance. Attorney Randolph gave the First Reading of the Ordinance by Title: "AN ORDINANCE OF THE VILLAGE COIINCIL OF THE VILLAGE OF TEQIIESTA, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 6, BIIILDING REGIILATIONB, ARTICLE VIII, PERMIT FEES, SECTION 6- 142, PERMIT FEES-BIIILDINGS AND OTHER STRIICTIIRES, BY ADDING NEW PARAGRAPHS (i), (j) AND (k); PROVIDING FOR SEVERASILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE." Councilmember Collings moved to approve the First Reading of the above-referenced Ordinance. Councilmember Burckart seconded the motion. The vote on the motion was: William E. Burckart - for Edward C. Howell - for Earl L. Collings - for Ron T. Mackail - for the motion was therefore passed and adopted. E) Ordinance - First Reading - Setting Refuse and Recycling Charges for FY 1991/1992 and Amending Chapter 18 of the Code of Ordinances, Water Regulation. (Staff Recommends Approval). Mr. Bradford explained that the Village's Franchise Agreement with Nichols Sanitation allows for Nichols to increase rates by the Consumer Price Index (CPI) each year. This year the CPI is 4.5$. The above-referenced Ordinance sets forth the rates for refuse and recycling. Mr. Bradford noted that the Village has received indication that the Solid Waste Authority, contrary to what they previously told the Village, is going to strictly follow the Legislation regarding lawn clippings and trimmings, starting January 1, 1992, whereby it will be required that such trimmings be separated from other garbage. Therefore, it is conceivable a separate pick-up day Village Council Meeting Minutes September 4, 1991 Page 15 ------------------------------- will be enforced for yard trash and clippings. If so, this Ordinance will have to be amended at that time. Mr. Bradford also noted that the recycling in condominiums is optional at this point. Nichols Sanitation is in the process of making a proposal to the Village whereby recycling for condominiums would become mandatory. That proposal. will come before Council at a future date. This Ordinance also provides for liens on properties so that the Village will have a handle on dealing with the uncollectibles the Village has from time to time regarding garbage bills, recycling bills, etc. Attorney Randolph gave the First Reading of the above- referenced Ordinance: ~~AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING CHAPTER 18 OF THE CODE OF ORDINANCES OF THE VILLAGE OF TEQUESTA BY CREATING SECTION 18-27 TO PROVIDE THE VILLAGE THE AIITHORITY TO LIEN ALL PROPERTY SERVED BY THE VILLAGE WATER WORKS SYSTEM FOR ALL UNPAID SERVICES CHARGES; CREATING SECTION 18-28 TO PROVIDE FOR USER CHARGES AND FEES FOR RESIDENTIAL CURBSIDE SOLID WASTE AND RECYCLING COLLECTION SERVICES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES AND CONFLICTS; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE.~~ Councilmember Burckart moved to approve the First Reading of the above-referenced Ordinance. councilmember Howell seconded the motion. The vote on the motion was: William E. Burckart - for Edward C. Howell - for Earl L. Collings - for Ron T. Mackail - for the motion was therefore passed and adopted. F) Consideration of Bid Award to Tuttle~s Design Build, Inc., of Lake Worth, Florida, for the U.S. Highway One Medians Landscape Improvements Project. (Staff Recommends Approval). Councilmember Burckart stated that he felt strongly that local companies should be the ones chosen for the above-referenced Bid Award. Attorney Randolph stated that including such a provision in the Village Bid Specifications might be appropriate, but he would question that. That criteria would r village Council Meeting Minutes September 4, 1991 Page 16 ------------------------------- meet with objection. He continued that when people have responded to bids, the Village's responsibility is to award the contract to the lowest bidder. G) Discussion of Proposed New Code Enforcement Procedures and Update on ordinance Preparation Regarding Residential Landscaping Requirements. Mr. Bradford explained that the Finance and Administration Committee requested that a quick overview of the report done by Code Enforcement Officer Steve Kennedy be given at the Council Meeting. Overview: Mr. Kennedy found that deed-restricted communities which deal with sodded lots include only Tequesta Country Club and Tequesta Pines. Mr. Kennedy proposed a new way of handling Code Enforcement violations. By implementing his suggestions, 30 days can be cut off the code compliance scenarios. Ordinance preparation regarding residential landscape requirements regarding the prohibition of certain invader species, in addition to Australian Pines, Brazilian Pepper Trees, etc. there is an expanded list pursuant to that of the County. Other aspects of the Ordinance were: requirements for sod of 40$ open space on residential properties, as well as a xeriscaping requirement. The Committee asked that an agronomist be present when this Ordinance is discussed. %I. UNFINISHED BUSINESS A) Ordinance No. 425 - Second Reading - Providing for Requirements for Developer Agreements. (Staff Recommends Approval). Councilmember Burckart felt this was an excellent Ordinance. .r village Council Meeting Minutes September 4, 1991 Page 17 Mr. Bradford stated this is the Second Reading of an Ordinance which sets forth the requirements for Developer Agreements. This Ordinance requires the use of a Public Hearing and different items that will be included in the form which the Department of Community Development will put together, based upon the mandates set forth in the Ordinance. This was passed unanimously on First Reading and Mr. Bradford recommended that it be adopted after Second Reading. Attorney Randolph gave the Second Reading of Ordinance No. 425 by Title. Councilmember Collings moved to approve the Second Reading of Ordinance No. 425. Councilmember Burckart seconded the motion. The vote on the motion was: William E. Burckart - for Edward C. Howell - for Earl L. Collings - for Ron T. Mackail - for the motion was therefore passed and adopted. %II. COMMUNICATIONS FROM CITIZENS Cheryl Onorato stated that on Monday, September 9, from 4:00 p.m. - 6:00 p.m., at the Jupiter Activity Building behind the Town Hall there will a j oint meeting with the Jupiter/Tequesta Town Council with the Palm Beach County School Board. The subject of the meeting will be Jupiter Community High School. On September 14, between 4:00 p.m. and 7:00 p.m. at the Jupiter Community High School cafeteria there will be a welcoming and community social for the new Superintendent Dr. Uhlhorn. %III. ANY OTHER MATTERS Mr. Bradford asked for the Village Council's approval to provide $250 via Cheryl Onorato towards refreshments for the welcoming community social for Superintendent Uhlhorn, on September 14. Village Council gave their approval. + y~ Village Council Meeting Minutes September 4, 1991 Page 18 ------------------------------- Mr. Bradford reported there is a Workshop Meeting of the County Commission at County Commission Chambers on October 1 regarding a Palm Beach County Fire Rescue Bond issue. The Village will have representation at that workshop. BIV. ADJOIIRNMENT Councilmember Collings moved to adjourn the meeting. Councilmember Burckart seconded the motion. The vote on the motion was: Edward C. Howell - for William Burckart - for Earl L. Collings - for Ron T. Mackail - for the motion was therefore passed and adopted and the meeting was adjourned at 9:25 P.M. Respectfully submitted, Fran Bitters Recording Secretary ATTE T • -~''"~ r rc.e~=~.~¢,,~_ ~~k~.r-iii ~. Bill C. Kascavelis Fine Director/Village Clerk DATE APPROVpQED:__ ~~-e~ / ~ . / 9 9 /