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HomeMy WebLinkAboutMinutes_Regular_02/14/1991VILLAGE OF TEQUESTA Post Office Box 3273 • 357 Tequesta Drive Tequesta, Florida 33469-0273 • (407) 575-6200 FAX: (40'7) 575-6203 V 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 F E B R II A R Y 1 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 Thursday, February 14, 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, Wendy Harrison, Assistant to Village Manager, Bill Kascavelis, Finance Director and Department Heads. Village Attorney, John C. Randolph, was also in attendance. II. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Earl L. Collings gave the Invocation and led those in attendance to the Pledge of Allegiance to the American Flag. III. APPROVAL OF THE AGENDA Councilmember Collings moved to approve the Agenda as submitted. Councilmember Howell 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. Recycled Paper Village Council Meeting Minutes February 14, 1991 Page 2 IV. POBLIC HEARING A) Petition to Abandon Easternmost Fifteen (15) Feet of the Thirty (30) Foot Right-of-Way for Country Club Drive, South of Tequesta Drive.. Wendy Harrison presented an overhead projection which pointed out the above-referenced Right-of-Way area. Attorney Randolph read the Resolution by Title. Village Manager Bradford explained why the Petition to Abandon covered only 15 feet of the 30-foot Right-of-Way: The Petition from Bayview Terrace requested only the easterly 15 feet. The westerly 15 feet would remain public Right-of-Way. The westerly 15 feet also contains utility easements. Richard Bonard, 32 Yacht Club Place, stated his property also abuts the Right-of-Way. Bill Scoville, 56 Yacht Club Place, objected to the approval of the Petition to Abandon, since residents of Yacht Club Place have used that public Right-of-Way for years to access their properties. Abandoning 15 feet of the Right-of-Way would prohibit further access for Yacht Club Place residents, since the remaining 15 feet is a utility easement. He also pointed out it would be difficult for utility trucks to gain access with only a 15 foot public Right-of-Way. Vice Mayor Mackail asked if it was unusual to abandon only half of a Right-of-Way, and does that portion which becomes abandoned then become the responsibility of the Homeowners Association (HOA) of the subdivision it was abandoned to. Attorney Randolph answered this I8 an unusual situation, but whether it would become part of the HOA could only be determined by the HOA's documents. His guess would be that it would become a part. Presently the Village of Tequesta is responsible for that Right-of-Way. Wayne Evans, a property owner of Bayview Terrace, was concerned about security if 15 feet of the Right-of-Way was abandoned by the Village. He did feel however that it may increase the value of all the properties surrounding the Right-of-Way. Police Chief Roderick stated very little crime reports come from that Right-of-Way area. village council Meeting Minutes February 14, 1991 Page 3 ------------------------------- Dr. Stanley Jacobs suggested that the Council first confer with Southern Bell and Florida Power and Light before forfeiting any portion of the Right-of-Way. Steve Kennedy, Deputy Building Official stated he had letters in his files, from Service Planners of the above companies, stating no objection. Gary van Brock stated this area has been a problem in the past, with people dumping trash there, and felt if the property belonged to Bayview Terrace it would be kept clean, and would enhance property values both in Bayview Terrace and Yacht Club Place. Alfred DeMott, representative for the Tequesta County Club Homeowners Association (TCCHOA) stated the HOA was never notified of this Petition to Abandon. A lady in the audience pointed out that there should be no reason to notify the TCCHOA since they did not own that property; therefore there should have been no reason to notify them. Mr. Bradford pointed out that all adjacent property owners were notified. Councilmember Collings stated there are four new property owners on the easterly side who want to see the easterly 15 feet of the Right-of-Way given to them, and nine long-term property owners on the westerly side who say they would not like to see that 15 feet abandoned by the Village, and it appeared to him to be a simple answer. Councilmember Howell inquired as to Staff's recommendation. Mr. Bradford suggested that Council consider abandonment since the road is of no real practical value to the Village, the western 15 feet could still allow access for Yacht Club Place residents, but it would be tighter. Harrison Smith, 52 Yacht Club Place, felt that the i) leftover 15 foot Right-of-Way would not be able to be used by Yacht Club Place residents; 2) the road used to be shell rock which has now been ruined by construction trucks going in to Bayview Terrace; 3) and he was much objected to the abandonment. Bill Sharpless, member of TCCHOA, asked that the TCCHOA be given an opportunity to consider the impact of this abandonment before it is done. Village Council Meeting Minutes February 14, 1991 Page 4 ------------------------------- Vice Mayor Mackail moved to disapprove Resolution No. 07- 90/91. Councilmember Collings seconded the motion. The vote on the motion was: Mayor Capretta - for vice Mayor Mackail - for Earl Collings - for Edward Howell - for the motion was therefore passed and adopted and the Petition For Abandonment denied. Councilmember Burckart had previously filed a Conflict of Interest Memo; therefore he did not vote. 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) Code Enforcement Board - December 4, 1990 *B) Board of Adjustment - December 17, 1990 *C) special village Council - January 22, 1991 *D) Village Council Meeting - January 24, 1991 *E) Village Managers Report - January 21 - February 8, 1991 Councilmember Burckart moved to approve the Consent Agenda as submitted. Vice Mayor Mackail 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 February 14, 1991 Page 5 ------------------------------- VII. NEW BII8INE88 *A) Authorization to Execute Petition for Inclusion of Tequesta Water Department Property South of Bridge Road into the Geographical Jurisdictional Boundaries of Northern Palm Beach County Water Control District. Approved under Item VI, Consent Agenda. B) Resolution No. 6-90/91 - Requesting Consideration of the village of Tequesta as a Proper Recipient for Parcel A and B of the Jupiter Inlet Lighthouse Property North of Beach Road Comprising Approximately Forty-Nine (49) Acres for Park, Recreation and open Space Purposes. Attorney Randolph read Resolution No. 6-90/91 by Title. Councilmember Burckart moved to approve Resolution 6-90/91. Councilmember Howell seconded the motion. The vote was: Mayor Capretta - for vice Mayor Mackail - for Earl Collings - for William Burckart - for Edward Sowell - for the motion was therefore passed and adopted. C) Recommendation Relative to the Director of Public Safety Position and the Police Department. Village Manager Bradford read his recommendation for the record: o Mr. spenaer~s employment contract terminated May 10, 1991. o Chief Law Enforcement Officer designation to be reverted back to Chief Carl Roderick, effective 8:00 A.M. on February 15, 1991. village Council Meeting Minutes February 14, 1991 Page 6 ------------------------------- o IIntil May 10, 1991, Mr. Spencer will maintain an office in the Water Department Conference Room for working purposes, during which time he will: - improve the Standard Operations and Procedures Manual to accreditation standards; - work on an in-house training program; - improve the Performance Evaluations; - work on an EMB Grant for training equipment; - work on bid specs for computer software and network already budgeted; - work towards creation of a Law Enforcement Trust Fundf - work on an Off-Duty Detail Policy to reduce village liabilities; - and any other Police-Fire/Rescue matters that may arise, in conjunction with chief Roderick. o On May 10, 1991, Mr. Spencer will be provided with his contractual severance pay upon his termination. Vice Mayor Mackail stated he had reservations about some of the recommendations: 1) a specific date of termination; 2) he preferred to leave the situation "status quo" until Council was allowed time to review the goals and objectives of the Police Department and recommended Council hold a workshop to determine that; 3) his recommendation would be to postpone a termination and to hold a workshop to determine goals and objectives for the Police Department. Councilmember Burckart stated many comments had been made to him regarding this issue, comments pro and con. He felt a workshop to seek direction was a good recommendation. He stated he was not happy with the way the present Police Department is being operated. village Council Meeting Minutes February 14, 1991 Page 7 Councilmember Howell stated there is no longer a need in Tequesta for a Public Safety Director and no other slot for Mr. Spencer at his pay level. He felt the Police Department and Public Safety Director were two separate items. Mr. Howell felt Council made a mistake by hiring Mr. Spencer. Elimination of the position of Public Safety Director was the right thing to do in Mr. Howell's opinion. Councilmember Collings felt the Village Manager's recommendations were well thought out and he agreed with them. He felt the rest of Mr. Spencer's stay could be very beneficial to the Village. He reminded everyone this should not be a judgment of pay scales. Mayor Capretta stated that he had reported to Mr. Bradford after the Referendum was defeated it was clear what had to be done, but that the termination should be fair to everyone. Mayor Capretta felt there was still a need of improving First Response capability in Tequesta. This would justify using Mr. Spencer as a consultant, in conjunction with Chief Roderick, in developing such a program. He did agree, however, that the position of Public Safety Director had to be terminated. Councilmember Collings moved that the Village Manager's recommendations be approved as submitted. Councilmember Howell seconded the motion. The vote was: Mayor Capretta - for vice Mayor Mackail - against Earl Collings - for William Burckart - against Edward Howell - for the motion was therefore passed and adopted. Village Council Meeting Minutes February 14, 1991 Page 8 D) ordinance - First Reading - Providing for the Adoption of the National Electric code, 1990 Edition and uniform Countywide Amendments to Game. Attorney Randolph read the Ordinance by Title: ~~AN ORDINANCE OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING SECTIONS 6-41, AND 6-42 OF THE CODE OF ORDINANCES OF THE VILLAGE AND PROVIDING FOR THE ADOPTION OF THE 1990 EDITION OF THE NATIONAL ELECTRIC CODE AND FOR THE ADOPTION OF THE UNIFORM MINIMUM COIINTYWIDE AMENDMENTS TO THE 1990 NATIONAL ELECTRIC CODE; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE.~~ Councilmember Burckart moved to approve the above-referenced Ordinance. Councilmember Collings 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. E) consideration of Ratification of collective Bargaining Agreement Between the village and the Florida state Lodge Fraternal Order of Police. Village Manager Bradford explained that the collective bargaining agreement with the FOP has been an ongoing effort on the part of Mr. Bradford and the FOP. This contract lasts only for the current fiscal year, which recognizes the FOP pursuant to State Statutes, provides for management rights, provides a grievance procedure, hours of work and overtime, wages, insurance,. etc., a promotional .program, safety, equipment, and other matters. Many months have been spent working on this. Mr. Bradford recommended that Council ratify this Collective Bargaining Agreement. village Council Meeting Minutes February 14, 1991 Page 9 ------------------------------- Councilmember Collings moved to ratify the Collective Bargaining Agreement between the Village and the Florida State Lodge Fraternal Order of Police. Councilmember Howell 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. F) Resolution No. 8-90/91 - Providing for Amendments to the village Budgets Commencing October 1, 1990. Village Manager explained this was to provide for a budgetary amendment to shift funds to the Police Operational Accounts for the above-referenced ratified contract, as well as to provide the funds for the Hazardous Waste Amnesty Program for Toxic Waste Collection on March 30, 1991. The cost will be $5,500. Attorney Randolph read Resolution No. 8-90/91. Vice Mayor Mackail moved to approve Resolution No. 8-90/91. Councilmember Burckart seconded the motion. The vote was: Mayor Capretta - for vice Mayor Mackail - for Earl Collings - for Nilliam Burckart - for Edward Howell - for the motion was therefore passed and adopted. village Council Meeting Minutes February 14, 1991 Page 10 ------------------------------- VIII. UNFINISHED BUSINESS A) Ordinance No. 418 - Second Reading - Amending Ordinance No. 352 so as to Allow for Credits Toward Recreational impact Fees Upon Donation of Lands to the village. Attorney gave the Second Reading of Ordinance No. 418. Councilmember Collings moved to approve the Second Reading of Ordinance No. 418. 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. B) Ordinance No. 419 - Second Reading - Providing that the Area Lying Within the Municipal Boundary of the village of Tequesta Shall Be Included and Become a Part of the Palm Beach County Municipal Service Tauinq IInit to Provide Fire/Rescue Services. Attorney Randolph gave the Second Reading of Ordinance No. 419. Councilmember Howell stated he strongly opposed the passing of this Ordinance since it appeared to him that it was more than a bookkeeping matter, and appeared the Village was handing control over to the County. village Council Meeting Minutes February 14, 1991 Page 11 ------------------------------- Village Manager Bradford explained the concept is very convenient from the city's perspective. However, his recommendation was that this Ordinance be postponed, and not adopted, because of a station location concern. He felt there were several ways to have input relative to station location in Tequesta: o Amend the existing contract. o Board of County Commissioners could issue a Letter of Assurance. o Incorporate wording in the land lease relative to guaranteeing a station or having cancellation penalties in terms of dollars. o An Interlocal Agreement between the Village and the County agreeing to keep a station in Tequesta. Of these options, Mr. Bradford felt the first one was the best. Councilmember Burckart moved to disapprove Ordinance No. 419. Councilmember Collings 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. IB. COMMIINICATION FROM CITIZENS Citizens spoke under previous subject matters. village Council Meeting Minutes February is, 1991 Page 12 ------------------------------- %. ANY OTHER MATTERS Mayor Capretta reminded the public of their needed participation in the March 5, 1991 County Commissioners workshop concerning the proposed Library in Tequesta. %I. ADJOIIRNMENT Vice Mayor Mackail moved to adjourn the meeting. Councilmember Collings seconded the motion. The vote was: Mayor Capretta - for vice Mayor Mackail - for Mayor Capretta - for William Burokart - for Edward Howell - for the motion was therefore passed and adopted and the meeting was adjourned at 9:25 P.M. Respectfully submitted, ~~.~~ ~~v Fran Bitters Recording Secretary Bi ascavelis Finance Director/Village Clerk DATE APPROVED: ~~. / ~ 9/