Loading...
HomeMy WebLinkAboutMinutes_Regular_06/06/1991VILLAGE OF TEQUESTA Post Office Box 3273 • 357 Tequesta Drive Tequesta, Florida 33469-0273 • (407) 575-6200 FAX: (407) 575-6203 V I L L A G E O F T E Q U E S T A V I L L A G E C O U N C I L M E E T I N G M I N U T E S J U N E 6, 1 9 9 1 I. The Tequesta Village Council held a regularly scheduled meeting at the Village Hall, 357 Tequesta Drive, Tequesta, Florida, on Thursday, June 6, 1991. The meeting was called to order at 7:00 P.M. by Mayor Joseph N. Capretta. A roll call was taken by the Recording Secretary, Fran Bitters. Councilmembers present were: Mayor Joseph N. Capretta, Vice Mayor Ron T. Mackail, and Edward C. Howell. Councilmember Earl L. Collings was out of town and Councilmember William E. Burckart was not in attendance at roll call. Village Officials present were: Village Manager Thomas G. Bradford, Wendy Harrison, Assistant to the Village Manager, and Bill Kascavelis, Finance Director. Department Heads and Attorney Pam McNierney sitting in for Village Attorney, John C. Randolph were also in attendance. II. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Edward C. Howell gave the Invocation and led those in attendance to the Pledge of Allegiance to the American Flag. III. APPROVAL OF THE AGENDA Village Manager Bradford requested that two items be added under Item X. ANY OTHER MATTERS: 1) Tequesta Drive Bridge; and 2) Bicycle Rodeo in Gallery Square, North. Vice Mayor Mackail moved to approve the Agenda as amended. Councilmember Howell seconded the motion. The vote on the motion was: Mayor Capretta - for Vice Mayor Mackail - for Edward C. Howell - for the motion was therefore passed and adopted. village Council Meeting Minutes June 6, 1991 Page 3 ------------------------------- Councilmember Howell moved to approve the special exception. Vice Mayor Mackail seconded the motion. The vote on the motion was: Mayor Capretta - for Vice Mayor Mackail - for Edward C. Howell - for the motion was therefore passed and adopted. Mr. Porto elaborated regarding the Landscape Waiver, by explaining that the Inlet Garden Club has negotiated with a Landscape Architect to do some landscaping at the above- referenced site but those plans are being held up pending approval of the Site Plan. Upon approval the landscaping will be completed. The Village Community Appearance Board has already approved the Plan. Vice Mayor Mackail moved to approve the Landscape Waiver as requested. Councilmember Howell seconded the motion. The vote on the motion was: Mayor Capretta - for Vice Mayor Mackail - for Edward C. Howell - for the motion was therefore passed and adopted. Councilmember Howell moved to approve the Site Plan Review. Vice Mayor Mackail seconded the motion. The vote on the motion was: Mayor Capretta - for vice Mayor Mackail - for Edward C. Howell - for the motion was therefore passed and adopted. Councilmember Burckart arrived at 7:10 p.m. village Council Meeting Minutes June 6, 1991 Page 2 ------------------------------- IV. CONSENT AGENDA All items listed with an asterisk (*) are considered routine and will be enacted by one motion. V. APPROVAL OF MINOTES AND REPORTS *A) Board of Adjustment Meeting, April 15, 1991 *B) Community Appearance Board Meeting, April 17, 1991 *C) Village Council Meeting, May 16, 1991 *D) Village Managers Report, May 13, 1991 - May 31, 1991 Councilmember Howell moved to approved the Consent Agenda as submitted. Vice Mayor Mackail seconded the motion. The vote on the motion was: Mayor Capretta - for Vice Mayor Mackail - for Edward C. Howell - for the motion was therefore passed and adopted. VI. DEVELOPMENT MATTERS A) Special Exception Public Hearing, Site Plan Review and Consideration of Landscape Waiver for Proposed Jupiter Inlet Colony Administration Building. Nick Porto. Nick Porto, Mayor of Jupiter Inlet Colony, reviewed the request for the exception, explaining that the present situation is an impractical one, and that more space is needed to house the Jupiter Inlet Clerk (who presently has Town Records stored in a lavatory) as well as serving as the Police Department. Scott Ladd, Building Official, clarified that half the building would be in Tequesta with the other half being in Jupiter as displayed by a Drawing depicting the Site Plan displayed before the Council. village Council Meeting Minutes June 6, 1991 Page 4 ------------------------------- B) Discussion of Proposal for Change in Zoning District IIse and Land IIse from R-1, Single Family Residential with a Land IIse Designation of Low Density to R-2, Multiple Family Residential with a Lang IIse Designation of Medium Density. Michael Weiler, applicant, explained that his purpose for his presentation this evening was not to seek approval for the re- zoning but merely to get a feel for whether the Council would be in favor of, or object to, rezoning of this location before he moved forward with the purchase of the land. His plan for the property would be to build a 10-unit building (condos) for sale, coordinating the architecture of the structure to similarly match that of Carriage House and Whitehall. He further explained that tall landscaping for buffering would be used to enclose the proposed structure at the rear. Councilmember Burckart stated that since this is not a formal request, he would refrain from an opinion until he knew how surrounding residents felt about the proposal. Councilmember Howell had reservations with questions about revenues and density. Mayor Capretta stated he had no problem with the proposal. Vice Mayor Mackail agreed this would be the highest and best use of the land, and it would be good for Tequesta's tax base. Scott Ladd explained that traditionally everyone within 300 feet of Tequesta properties would be notified of a project of this sort. However, since this property is adjacent to unincorporated Palm Beach County, the Palm Beach County Planning & Zoning would be notified, not to each and every private homeowner in the County. In this case, those to be notified would be the church across the street, Whitehall residents, and Carriage House residents. Scott Ladd further explained that Council could expect more of such applications because of the Growth Management Act and of the Comprehensive Plan and land use changes that have to occur before zoning can be changed. There will be a lot of development matters in the future which will come before the Council in order for developers to get a feel for what Council will approve before the involved process of re-zoning and land use change starts. Village Council Meeting Minutes June 6, 1991 Page 5 VII. NEW BUSINESS A) Resolution No. 18-90/91 - Approving and Authorizing the Mayor to Euecute Lease Agreement for Beautification with FEC Railroad. (Staff Recommends Approval). Village Manager Bradford explained that the Village currently has an Agreement with the FEC Railroad, which was created in August, 1968, which allows the Village to beautify property 100 feet north and south of the center line of Tequesta Drive. By letter of April 19, 1991, the FEC Railroad wishes to amend that Agreement and make it a formal Lease Agreement and to seek a $50 annual rental fee. Vice Mayor Mackail asked if there was a termination clause in the Agreement. Attorney McNierney pointed out that Paragraph C of the Agreement indicates that "Either party may, in its discretion, for any reason whatsoever, terminate this lease at any time by the giving of notice to the other party as hereinafter provided." Vice Mayor Mackail moved to approve the Lease Agreement for Beautification with FEC Railroad as submitted. Councilmember Howell seconded the motion. The vote on the motion was: Mayor Capretta - for vice Mayor Mackail - for Edward C. Howell - for William E. Burckart - for the motion was therefore passed and adopted. Attorney McNierney read Resolution No. 18-90/91 by Title. Village Council Meeting Minutes June 6, 1991 Page 6 ------------------------------- B) Resolution No. 19-90/91 - Approving Interlocal Agreement with Northern Palm Beach County Water Control District Relative to Participation in the EPA Mandated National Pollutant Discharge Elimination System (NPDES). (Staff Recommends Approval). Village Manager Bradford explained that in November 1990, the EPA issued their regulations for this new mandatory program intended to address pollution from stormwater systems. It requires engineering services of the next 2.5 years involving source identification, discharge characterization, management programs and outfall identification and testing. Mr. Ji-Ang Song, representative from Gee & Jenson, further explained to the Council what EPA is trying to do and why. Councilmember Burckart asked if it is imperative that Tequesta participate in this program. Mr. Song explained that if municipalities do not cooperate, there would be a rather severe penalty. Mr. Bradford explained that Lake Worth Inlet Drainage District initially intended to oversee this project for the South County area. However, that did not materialize, and Northern Palm Beach County Water Control District instead is overseeing the project. This will be one permit under Palm Beach County with a fee based on the population within the municipality, approximately $3.00/capita, costing Tequesta approximately $15,400. Attorney McNierney stated that Staff has suggested that the following language be added to Resolution No. 19-90/91: Subparagraph 9 of Section 163.01 Florida Statutes: All of the privileges and immunities from liability, exemptions from laws, ordinances and rules and pensions and relief, disability, workers compensation and other benefits which apply to the activities of officers, agents or employees of any public agents or employees of any public agency who in performing their respective functions within the territorial limits of their respective agencies, shall apply to the same degree and extent to the performance of such functions and duties of officers, agents or employees extra-territorially under the provisions of any such interlocal agreement.~~ Attorney McNierney read Resolution No. 19-90/91 by Title. Village Council Meeting Minutes June 6, 1991 Page 7 Councilmember Burckart moved to approve Resolution No. 19- 90/91 with the above-referenced language added. Vice Mayor Mackail seconded the motion. The vote on the motion was: Mayor Capretta - for Vice Mayor Mackail - for Edward C. Howell - for William E. Burckart - for the motion was therefore passed and adopted. C) Authorization to File Suit Against Homestead Insurance Company to Recover Performance Bond Obligations in the Amount of $59,404 for Landscape Deficiencies at County Line Plaza. (Staff Recommends Approval). Village Manager Bradford explained that the landscaping at County Line Plaza is sub-par, and has not been maintained properly. When the Plaza was approved by Council, it was with the requirement of a Landscape Performance Bond in the amount of $75,000. In the course of attempting to call in the Bond to secure the money to bring the landscaping up to par, a cost-estimate was done of the deficiencies, therefore arriving at the $59,404 number. The Bond Company states that Pantlin Associates disputes the claim on the basis of the bank takeover and mandatory water conservation measures which prevented normal watering and maintenance, attributing to attrition of the plants. Mayor Capretta stated that he felt not only that the suit should be pursued, but that the Village Code Enforcement Officer also should be sent to the Plaza simultaneously to cite the violation, and start charging a fine of perhaps $250/day until compliance is met and if compliance is not met, a lien should be placed on the property. Attorney McNierney pointed out that in bankruptcy, some liens do not take precedence. Vice Mayor Mackail agreed with that strategy. village Council Meeting Minutes June 6, 1991 Page 8 Vice Mayor Mackail moved to approve authorization to file suit against Homestead Insurance Company to recover Performance Bond obligations with the provision that the Code Enforcement Officer will visit the property to review for possible violations and bring before the Code Enforcement Board, if applicable. Councilmember Burckart seconded the motion. The vote on the motion was: Mayor Capretta - for Vice Mayor Mackail - for Edward C. Howell - for Nilliam E. Burckart - for the motion was therefore passed and adopted. D) Resolution No. 20-90/91 - Opposing Palm Beach County~s Proposed Implementation of Parking Fees for County Beachfront Parks. Mr. Bradford explained a Resolution in opposition to Palm Beach County's proposed implementation of parking fees for County beachfront parks has been prepared at Council's request. He suggested that Council give consider that the maintenance and operations of these beachfront facilities are financed by the property owners of Palm Beach County through property taxes. It may be the intent of the Board of County Commissioners of Palm Beach County to attempt to shift these costs to those who actually utilize the beaches. Another consideration would be that beachfront parking fees are the "norm" in most urbanized south Florida areas. Vice Mayor Mackail stated his concern would be that there is no real data from the County and he would 1 ike to see the County's research data. Mr. Bradford stated he would look into that. No motion was made on this issue. Village Council Meeting Minutes June 6, 1991 Page 9 ------------------------------- E) Resolution No. 21-90/91 - Authorizing the Mayor to Issue a Proclamation in Recognition of the Village of Tequesta~s 34th Birthday, June 4, 1991. (Staff Recommends Approval). Attorney McNierney read Resolution No. 21-90/91 12 by Title. Vice Mayor Mackail moved to approve Resolution No. 21-90/91. Councilmember Burckart seconded the motion. The vote on the motion was: Mayor Capretta - for Vice Mayor Mackail - for Edward C. Howell - for William E. Burckart - for the motion was therefore passed and adopted. F) Review and Discussion of Draft Proposed Editorial Policy for the Village of Tequesta Newsletter. Mr. Bradford explained that Councilmember Collings had asked that Council consider an amendment to the Draft Editorial Policy, i.e., that Homeowner Association and Condo Association news items be included. Mayor Capretta stated he was not certain that would be appropriate, since it was agreed that the news which appears in the Newsletter would be only that which effects all residents, as opposed to only one specific area. Citizens Harold Hutchinson, Lou Ann Hinds, and Mary Sey disagreed. G) Review and Discussion of Proposed Ad Hoc Committees, Their Make-Op, Tasks, and Time of Existence. Mr. Bradford read Guidelines which had been presented for Council's review. Councilmember Burckart agreed that the Ad Hoc Committees were a good idea, but felt that an Educational Committee should be included. Mayor Capretta concurred. Village Council Meeting Minutes June 6, 1991 Page 10 ------------------------------- Harold Hutchinson asked if a Budget Oversight Committee would be set up. Mr. Bradford explained that it was his recommendation that that was not needed since Staff is quite capable of handling the budget, and is presently working on it. The Budget Workshops will occur in July with first and final Public Hearings in September. Councilmember Howell stated in response to Mr. Hutchinson's inquiry that setting up a committee just for a committee's sake could develop a bureaucratic nightmare. Councilmember Burckart moved to approve the appointment of the recommended Ad Hoc Committees. There was no second. H) Resolution No. 22-90/91 - Authorizing Disposal of Surplus Village Property. (Staff Recommends Approval). Village Manager Bradford explained that the above-referenced property included two police cars, one Building Department car, and over 200 water meters. Council's permission is needed for their disposal and in some cases put out sealed bids. Councilmember Burckart moved to approve Resolution No. 22- 90/91 as submitted. Vice Mayor Mackail seconded the motion. Attorney McNierney read the Resolution by Title. The vote on the motion was: Mayor Capretta - for Vice Mayor Mackail - for Edward C. Howell - for William E. Burckart - for the motion was therefore passed and adopted. village Council Meeting Minutes June 6, 1991 Page 11 ------------------------------- VIII. UNFINISHED BUSINESS A) Ordinance No. 424 - second Reading - Amending Building Regulations to Prohibit Fugitive Dust and/or Blowing Sand From Construction Sites. (Staff Recommends Approval). Mr. Bradford explained that this was discussed at the last Village Council meeting. This Resolution would give more control at construction sites relative to the blowing sand and dust that sometimes may come from that site. Attorney McNierney gave the Second Reading of Ordinance No. 424. Vice Mayor Mackail moved to approve the Second Reading of Ordinance No. 424. Councilmember Howell seconded the motion. The vote on the motion was: Mayor Capretta - for vice Mayor Mackail - for Edward C. Howell - for Nilliam E. Burckart - for the motion was therefore passed and adopted. I8. COMMUNICATIONS FROM CITIZENS W.A. Siegel asked why there had to be a special meeting for the creation of the Code Enforcement Board. Vice Mayor Mackail explained that it was the desire to have a special meeting with only this one item on the Agenda to allow for sufficient time for discussion. At a regular Council meeting, much time was given to taking care of Village business, and therefore might not allow sufficient time to discuss properly the creation of a Code Enforcement Board. Mr. Siegel also asked when the Minutes for that meeting were approved. Mr. Bradford answered that they were approved on July 27. Mr. Siegel also asked why there were two copies of Ordinance No. 376, one dated 7-6-89 and another dated 7-13- 89. Mr. Bradford explained that the 7-13-89 date was a typographical error. Village Council Meeting Minutes June 6, 1991 Page 12 Mr. Siegel also asked what legal right the Code Enforcement Officer would have to climb on a neighbors roof, even with that neighbors permission, to take pictures of Mr. Siegel's property. He felt that was an infringement upon his privacy. Attorney McNierney explained that the Ordinances provide that if the Code Enforcement Officer has a belief that there has been a violation of the Village's Code of Ordinances, he has the right to inspect the property. Cheryl Onorato reported on the Metamorphosis Seminar, Part II, to take place on June 7, 1991 at 8:00 a.m. at Jupiter High School. She also gave a synopsis of the School Board Meeting held on June 5, 1991. %. ANY OTHER MATTERS Tequesta Drive Bridge - Mr. Bradford explained the Village owns the bridge, which the State of Florida inspects every two years, giving a report to the Village, and the Village fixes anything that needs to be fixed. There are funds for repairs in this year's budget and three quotes have been received for the engineering work to design repairs. Low bid was with Fred Schaeffer for approximately $4,800 to do the design work. The approved engineering fee will need to be increased to cover unforeseen repairs to the bridge. Council's approval is needed to amend the contract in the amount of approximately $2,400. Councilmember Burckart moved to approve the amendment of the contract in the amount of approximately $2,400 for repairs on the Tequesta Drive Bridge. Councilmember Howell seconded the motion. The vote on the motion was: Mayor Capretta - for Vice Mayor Mackail - for Edward C. Howell - for William E. Burckart - for the motion was therefore passed and adopted. village Council Meeting Minutes June 6, 1991 Page 13 ------------------------------- Bicycle Rodeo - Mr. Bradford explained that the Rodeo is proposed for June 30 at Gallery Square, North parking lot. He reviewed the program and agrees it is a good program which is basically an organized safety instruction event for bicycling. He felt it is a good project for the Village to sponsor and coordinate. Council concurred. Councilmember Burckart stated the Village needs to start thinking in terms of moderate income units, some rental units, etc. since Village school children could possibly be shipped to Riviera Beach etc. to achieve some racial balance. Councilmember Burckart felt the Library and book donation drive were starting to head towards a "Tequesta Library" mentality, as opposed to a Palm Beach County Library. He speculated as to whether it would be wise to approach the County to suggest their giving monies which the Village has already contributed and let the Village build their own Library. Mr. Bradford stated the Village only contributed approximately $250,000 - the cost of a Library would be around $700,000. village Council Meeting Minutes June 6, 1991 Page 14 ------------------------------- %I. ADJOIIRNMENT Councilmember Burckart moved to adjourn the meeting. Councilmember Howell seconded the motion. The vote was: Mayor Capretta - for Dice Mayor Mackail - for Edward C. Howell - for William Burckart - for the motion was therefore passed and adopted and the meeting was adjourned at 9:25 P.M. Respectfully submitted, \`~~ZC~/1? ~y~G~ Fran Bitters Recording Secretary Bill C. ascavelis Finance Director/Village Clerk DATE APPROVED: