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HomeMy WebLinkAboutMinutes_Regular_04/11/1991VILLAGE OF TEQUESTA Post Office Box 3273 • 357 Tequesta Drive Tequesta, Florida 33469-0273 • (407) 575-6200 FAX: (407) 575-6203 O I L LAG E O F T E Q II E S T A V I L L A G E C O II N C I L M E E T I N G M I N II T E S A P R I L 1 1, 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, April 11, 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, Earl L. Collings, William E. Burckart and Edward Howell. Village Officials present were: Village Manager, Thomas G. Bradford, and Wendy Harrison, Assistant to Village Manager. Bill Kascavelis, Finance Director was not in attendance. Department Heads and Village Attorney, John C. .Randolph, were also in attendance. II. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember William E. Burckart gave the Invocation and led those in attendance to the Pledge of Allegiance to the American Flag. III. APPROVAL OF THE AGENDA Councilmember Collings asked to report on The Loxahatchee Council of Governments (COG) Meeting under ANY OTHER MATTERS. Councilmember Burckart asked to report on the Loxahatchee River Management Coordinating Committee under ANY OTHER MATTERS. Village Manager Bradford wished to discuss three matters under ANY OTHER MATTERS: 1) Building Department change of name; 2) Scheduling of Village Council Meetings; and 3) Letter to MBIA. Recycled Paper village Council Meeting Minutes April 11, 1991 Page 2 Councilmember Howell moved to approve the Agenda as amended. Councilmember Burckart seconded the motion. The vote on the motion was: Mayor Capretta - for Vice Mayor Mackail - for Earl Collings - for William Burckart - for Edward Howell - for the motion was therefore passed and adopted. IV. PUBLIC HEARING A) Ordinance No. 421 - Second Reading - Adopting Comprehensive Plan Amendments for the Village of Tequesta in accordance with the Local Government Comprehensive Planning and Land Development Act. Village Attorney Randolph gave the Second Reading of Ordinance No. 421 and explained that this is for the adoption of the Comprehensive Plan Amendments which were submitted back to the Florida Department of Community Affairs in response to their disagreement with those portions of Tequesta's Comprehensive Plan. Amendments have been made and entered into a Stipulated Settlement Agreement, subject to the Village making these amendments. Village Manager Bradford gave a brief review: The three areas the amendments pertain to are: 1) water conservation; 2) preservation of native habitats; and 3) the manatee protection plan. These were reviewed in detail at the first Public Hearing and with the Local Planning Agency Hearing. Councilmember Collings moved to approve the Second Reading of Ordinance No. 421. Councilmember Burckart seconded the motion. The vote on the motion was: Mayor Capretta - for vice Mayor Mackail - for Earl Collings - for William Burckart - for Edward Howell - for the motion was therefore passed and adopted. village Council Meeting Minutes April 11, 1991 Page 3 ------------------------------- V. CONSENT AGENDA All items listed with an asterisk (*) are considered routine and will be enacted by one motion. VI. APPROVAL OF MINUTES AND REPORTS *A) Local Planning Agency Public Hearing, March 28, 1991 *B) Village Council Meeting; March 28, 1991 *C) Village Managers Report; March 25 - April 5, 1991 Vice Mayor Mackail moved to approved the Consent Agenda as submitted. Councilmember Burckart seconded the motion. The vote on the motion was: Mayor Capretta - for Vice Mayor Mackail - for Earl Collings - for William Burckart - for Edward Howell - for the motion was therefore passed and adopted. VII. NEW BIISINE88 A) Ordinance - First Reading - Designating An Area Outside the Villages Corporate Limits to be Called the Tequesta Well Zone. (Staff recommends approval). Village Attorney Randolph gave the First Reading of the above- referenced Ordinance: ~~AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, DESIGNATING AN AREA OUTSIDE TH8 VILLAGES CORPORATE LIMITS TO BE CALLED THE TEQIIESTA WELL ZONE; PROVIDING FOR CREATION AND PURPOSE; PROVIDING BOUNDARIES; PROVIDING FOR A GOVERNING BODY; PROVIDING FOR FINANCING; PROVIDING SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE.~~ Village Council Meeting Minutes April 11, 1991 Page 4 ------------------------------- Village Manager Bradford gave an overview of the above- referenced Ordinance: The purpose of this Ordinance is to provide additional security and protection of Village rights relative to the pursuit of acquisition of land for water supply wells which are outside Village corporate boundaries. This is authorized by Florida Statute. Staff recommends approval to give the Village further leverage in acquisition efforts relative to wells. Tom Hall, Manager, Water Department, added that this is a planning tool to facilitate acquisition and protection on both peninsulas, as well as areas north of municipal limits. This in essence puts everyone on notice that the Village reserves the right to choose designated areas as a well zone. The well zone could extend five miles from the northern municipal boundary. Vice Mayor Mackail asked what effect that would have in reference to future annexation. Tom Hall answered that this also serves as an environmental tool. If this area is designated as a well zone, the information would be forwarded to the appropriate agencies. Martin County has a well-field protection Ordinance; Palm Beach County has a very stringent well-field protection Ordinance. This could possibly limit hazardous-type industry from coming into the area. The Village has adopted Palm Beach County's well-field protection Ordinance. The Village presently is in the process of negotiating well-field locations with Martin County and identifying property owners and talking with them in the first preliminary case. The Village could drill right now at the hospital location, but it would be more ideal to wait until the distribution line for the raw water from the western peninsula is on first. Mayor Capretta asked how long it would be before the whole plan is implemented. Tom Hall answered that the ideal timeframe would be before the next dry season. The permits to drill the wells have been received; sites and transmission routes are in the process of being firmly established. Village Council Meeting Minutes April 11, 1991 Page 5 Vice Mayor Mackail asked if boundaries restricted the Village from going west. Tom Hall answered that that is Federal and State land directly to the west. •Attorney Randolph explained that the Village could not take by eminent domain from the Federal Government. The purpose of this Ordinance is to allow the Village to have jurisdiction. It would do the Village no good to have jurisdiction within a State Park if it's not possible to take within a State Park. Councilmember Collings reported that at the COG Meeting the South Florida Water Management District (SFWMD) made a presentation expressing the extreme shortage of water from Martin County to Boca, and the educational requirements which face everyone. Their presentation also covered conservation and the increased use of affluent and new sources, including R/O. The point was made that everyone is very weak in convincing water users that the water situation is critical. Mr. Collings suggested that with that information in hand, and permits in hand, Tequesta probably ought to move ahead as quickly as possible. Mayor Capretta suggested that a complete review of the whole water plan is necessary, and it is also necessary to be assured of Martin County's permission to drill in Martin County. Councilmember Collings suggested a workshop be scheduled to show the entire water plan, the timetable in its entirety, etc. Mayor Capretta concurred. Vice Mayor Mackail moved to approve the First Reading of the above-referenced Ordinance as submitted. Councilmember Burckart seconded the motion. The vote on the motion was: Mayor Capretta - for Vice Mayor Mackail - for Earl Collings - for William Burckart - for Edward Howell - for the motion was therefore passed and adopted. village Council Meeting Minutes April 11, 1991 Page 6 VIII. UNFINISHED BUSINESS A) Authorization to Purchase Property 512 for Constitution Park in the Amount of $35,000 with Recreation Impact Fees. (Staff recommends approval). Village Manager Bradford explained that on January 24, 1991, Village Council authorized staff to negotiate for the purchase of property 512 for the future inclusion in the Comprehensive Plan relative to Constitution Park. The family owning the lot is willing to sell to the Village in the amount of $35,000. Councilmember Burckart moved to approve the purchase of property 512 in the amount of $35,000. Councilmember Collings seconded the motion. The vote on the motion was: Mayor Capretta - for vice Mayor Mackail - for Earl Collings - for ~Pilliam Burckart - for Edward Howell - for the motion was therefore passed and adopted. B) Update on Matters Related to Martin County. 1) Connector Road: Councilmember Collings stated this subject was discussed in the recent COG Meeting. COG authorized a letter to go to Martin County requesting the completion of the Connector Road. COG considered the request of Palace, the Developer, regarding a section of land just north of Indiantown Road and west of the Shores, and reviewed his 600-acre golf development community. COG authorized their Growth Management Committee to evaluate all the aspects of Mr. Palace's request and report back to COG with their recommendation. Dorothy Campbell gave a little history, for Council's better understanding, regarding the Connector Road which dates back to 1976. Mrs. Campbell reminded Council that Turtle Creek is land-locked. Village Council Meeting Minutes April 11, 1991 Page 7 ------------------------------- Mr. Bradford stated that the good news about the Connector Road is that it is in the Martin County Comprehensive Plan and the Martin County Five-Year Road Program, both for FY 91-92 which begins October 1, 1991. The only outstanding matter is the negotiations with the Girl Scout group. Martin County has a lobbyist who is in regular contact with the Girl Scout group trying to work this out. 2) Tequesta Park: Mayor Capretta stated that Martin County agreed to participate in the maintenance cost of Tequesta Park, estimated at 20~ of annual operating expenses - that has not yet been done. 3) Water Surcharge: Mayor Capretta pointed out that Commissioner Thom appeared before the Village Council protesting the water surcharge to be imposed by Tequesta and promised to address the water issue with Tequesta in order to come to an agreement, but as yet, that has not been done. Councilmember Collings recommended that Tequesta Village Council appear in concert at Martin County's next Commissioner's meeting regarding the above-referenced issues. Mr. Bradford said he would attempt to arrange that as soon as possible. I%. COMMONICATIONS FROM CITIZENS Wade Griest, 494 South Dover Road, stated his appreciation of the follow-up done by Councilmembers regarding the property next door to his which has been the subject of complaint, citations, and community concern. Mr. Griest felt that since nothing has yet been done to alleviate the problems concerning the subject property, perhaps the Code Enforcement Officer does not have enough authority or the Village Codes need updating. Councilmember Burckart stated he had looked at the property and suggested a Committee of citizens, together with the Village Attorney, get together and create an Ordinance specifically dealing with residential properties, making some hard and fast rules, to remedy situations such as this. Vice Mayor Mackail concurred. Councilmember Collings asked if the Village could in fact hire someone to clean up the property. Village Council Meeting Minutes April 11, 1991 Page 8 Attorney Randolph responded that, first of all, there has to be a specific Ordinance in order to do that, then get the work done and lien the property. He further stated there are lots of ways to attack the problem: 1) private nuisance - if the private property owners feel this is a private nuisance and they are directly effected, they could bring their own action in Circuit Court; 2) public nuisance - If it's a public nuisance, the Village of Tequesta could decide to take an action in Circuit Court to attempt to abate a public nuisance, taking witnesses in who would claim there is debris, rats, etc. on the property, or 3) Code Enforcement Board - which was set up to take care of this kind of problem. The Village could attempt to force the property owners, through the Code Enforcement Board, to bring the property into compliance. Mayor Capretta stated that the problem is a complicated one. He explained the Code Enforcement Board (CEB) process to the citizens. It was his suggestion that the CEB and local Homeowners Associations work together to blend between Village Codes and HOA Deed Restrictions to be specific enough to solve some of these problems. Mr. Bradford stated that the process has been started with the Village Attorney to legally address these matters, developing a matrix and a composite of the HOA and Landscape rules, to focus in on the problems. Cheryl Onorato congratulated Mayor Capretta and Vice Mayor Mackail regarding their letter to Governor Chiles regarding Budget cuts in education. She stated there would be a social event giving an Update on Specific Budget Cuts, Long and Short-Term Goals for Schools, Lottery Spending for Education, etc. on May 14 involving the Chamber of Commerce, State Representative Jim Hill, school principals, etc., at St. Jude's Parish Hall on U.S. Highway One in Tequesta. Village Council Meeting Minutes April 11, 1991 Page 9 ------------------------------- S. ANY OTHER MATTERS 1. Councilmember Burckart reported that one of the Permitting Agencies (Loxahatchee River Environmental Management Coordinating Council) for the expansion of Indiantown Road west of the Turnpike, reviewed the new road program. Basically the old route of that expansion was to go on the northern route which would impact the river north of Indiantown Road. It has been re-designed to go toward the south. The only cost above what was already budgeted was $100,000 to re-design. The road cost itself is $7-$8 million. This Agency approved the new alignment. Conceptual approval has been received from DER, Water Management, etc. 2. Councilmember Collings reported that COG voted to recommend to the State against mandatory involvement in the Health Plan by local municipalities. 3. Village Manager Bradford recommended to Council that the name of the Building Department be changed to more accurately reflect the functions that Department engages in. 4. Village Manager Bradford reminded Council and the public that beginning in May, and going through June and July, Council meetings will take place on the first and third Thursdays of the month as opposed to the second and fourth Thursdays. 5. Village Manager Bradford read a proposed letter to the Municipal Bond Investors Insurance Corporation (MBIA) regarding Village Water Bonds. Council unanimously gave their permission to Mr. Bradford for the Village Attorney to send that letter to the MBIA. village Council Meeting Minutes April 11, 1991 Page 10 ------------------------------- %I. ADJOURNMENT Councilmember Collings moved to adjourn the meeting. Vice Mayor Mackail seconded the motion. The vote was: Mayor Capretta - for Vice Mayor Mackail - for Earl Collings - for William Burckart - for Edward Howell - for the motion was therefore passed and adopted and the meeting was adjourned at 8:30 P.M. Respectfully submitted, Fran Bitters Recording Secretary ATT _ ~~ ~' Bill C. K scavelis Finance Director/Village Clerk DATE APPROVED: ~ azs~, / P 9 /