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 /