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HomeMy WebLinkAboutMinutes_Workshop_01/24/1991VILLAGE 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 LAG E C O U N C I L M E E T I N G M I N U T E S J A N U A R Y 2 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, January 24, 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 Mayor Joseph N. Capretta 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 stated that under Item XI. ANY OTHER MATTERS, he would like to bring up four matters: 1) The Coast Guard Lands; 2) Fire/Rescue; 3) Update on Northern Palm Beach County Water Control District (NPBCWCD); 4) Hanging yellow ribbons at the Village Hall. Vice Mayor Mackail 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 Nilliam Burckart - for Edward Howell - for the motion was therefore passed and adopted. Recycled Paper Village Council Meeting Minutes January 24, 1991 Page 2 IV. PUBLIC HEARING A) ordinance No. 417 - Second Reading - Amending zoning Ordinance No. 355, as Amended, by Amending Section VII, Schedule of Regulations, by Adding Additional Special Exception Uses to the C-2, Community Commercial District for churches and Publicly-owned and operated Community Buildings; Providing for Regulations as to churches; Providing for Severability; Providing for Codification; Providing an Effective Date. Attorney Randolph gave the Second Reading of Ordinance No. 417. Village Manager Bradford gave a brief overview: In response to a zoning text amendment request from St. Jude's Church, the Village Council has seen fit to amend the Zoning Ordinance so that churches will be a special exception use within the C-2 commercial district, subject to conditions of minimum lot size, requiring a free-standing building(s), prohibiting churches within shopping centers, malls, storefronts or other retail stores. Councilmember Burckart moved to approve the Second Reading of Ordinance No. 417. 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. V. CONSENT AGENDA All items listed with an asterisk (*) are considered routine and will be enacted by one motion. village Council Meeting Minutes January 24, 1991 Page 3 ------------------------------- VI. APPROVAL OF MINIITES AND REPORTS *A) Community Appearance Board - November 28, 1991 *B) Village Council Meeting - January 10, 1991 *C) village Manager's Report - January 7 - January 18, 1991 Vice Mayor Mackail moved to approve the Consent Agenda as submitted. Councilmember Collings 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. ACCEPTANCE OF CERTIFICATE OF SPECIAL ELECTION FOR POBLIC SAFETY "STRAW BALLOT" REFERENDUM Village Manager Bradford explained this is a Certificate of Election that has been certified by the Village Clerk which indicates that on January 15, 1991, the Village held the Straw Ballot Referendum question relating to the matter of whether providing Public Safety to the Village of Tequesta would be modified. The turnout was substantial. There was a total of 1559 votes cast (48.67$ of registered voters), with a total "Yes" vote of 685, and total "No" vote of 857. Therefore, the Straw Ballot question on Public Safety was defeated. The acceptance of the Certificate of Election by the Village Council is merely a formality. Councilmember Collings moved to accept the Certificate of Special Election for Public Safety "Straw Ballot" Referendum. 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 January 24, 1991 Page 4 ------------------------------- VIII. NEW BUSINESS A) Ordinance - First Reading - so as to Allow For Credits Fees Upon Donation of Lands Amending Ordinance No. 352 Toward Recreational Impact to the village. Village Manager Bradford explained this is one of a number of steps necessary to be taken to finalize the Library site next to the Post Office on Old Dixie. This Ordinance will allow the Dorner Trust, in lieu of paying recreation impact fees, to receive a credit for those fees in return for the donation of land for Library purposes. The appraisal of the land and preparation of lease agreement are under way. Attorney Randolph explained this Ordinance applies to any similar situation whereby Council could decide to give a credit for or receive property in lieu of cash for recreation, museums, etc. Attorney Randolph gave the First Reading of the Ordinance by Title: ~~AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQIIESTA, FLORIDA, AMENDING ORDINANCE 352 OF THE VILLAGE RELATING TO FAIR BHARE CONTRIBUTION FOR PARR AND RECREATIONAL IMPROVEMENTS AND FACILITIES; PROVIDING THAT PARR AND RECREATIONAL FACILITIES SHALL BE DEEMED TO INCLUDE PARRS, PLAYGROUNDS, LIBRARIES, MUSEUMS AND OTHER BIMILAR RECREATIONAL FACILITIES; AMENDING SECTION 5 OF ORDINANCE 352 80 AS TO INCLUDE LIBRARIES, MUSEUMB AND SIMILAR RECREATIONAL FACILITIES WITHIN THE TERMB OF THE ORDINANCE; FURTHER AMENDING SECTION 5 SO AS TO PROVIDE THAT SAID FACILITIES BE OPERATED AND/OR LEASED OR OWNED HY THE VILLAGE; PROVIDING A NEW SECTION 8 TO PROVIDE THAT THE VILLAGE COUNCIL MAY, IN ITS DISCRETION, IN LIEU OF THE FAIR SHARE FEE DESCRIBED WITHIN THE ORDINANCE, OR IN EBCHANGE FOR A FUTIIRE CREDIT OF FAIR SHARE FEES, RECEIVE THE CONVEYANCE OF REAL PROPERTY TO BE USED SOLELY FOR THE PURPOSEB DESCRIBED FOR PARRB, PLAYGROUNDS, LIBRARIES, MIISEUMS AND OTHER SIMILAR RECREATIONAL FACILITIES; PROVIDING THAT SAID PROPERTY SHALL HAVE AN APPRAISED VALIIE EQUAL TO OR GREATER THAN THE FAIR BHARE FEE DETERMINED TO BE DUE OR CREDITED; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE.~~ Village Council Meeting Minutes January 24, 1991 Page 5 Mr. Berube, citizen of Tequesta suggested that the word "cultural" be included in the language of the Ordinance. Council agreed that was a good suggestion. Councilmember Collings moved to approve the above-referenced Ordinance with the following amendment: Add the words ~~cultural and' after museums and other similar... 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. Dorothy Campbell asked if it was possible at this. point to change the site of the proposed Library since so many of the citizens object to the site voted on by Village Council. Mayor Capretta was concerned whether a delay in the decision for a site would jeopardize the opportunity for Tequesta to have a new County Library. He also pointed out that a site for the Library was an issue that was studied for months, and at some point, changing decisions is going to have to stop. Village Manager Bradford suggested to Council that if they wanted to reconsider the Library site, it should be done now, since it would take the same amount of time at this point to wrap up loose ends for the Library and start construction whether the location was south of the Post Office or next door to the Village Hall. Mayor Capretta reiterated that he did not want to lose the Library for Tequesta, and suggested that Council hold a workshop before making a change in the decision. Vice Mayor Mackail moved that Council hold a workshop to discuss the Library site on Tuesday, January 29. There was no second. village Council Meeting Minutes January 24, 1991 Page 6 ------------------------------- A Tequesta citizen stated that she was on a Library Advisory Board and informed the citizens in attendance, and the Council, that indecision makes Tequesta look bad in the eyes of the County. Her suggestion was that Council make a decision and stick with it, or there would be a risk of losing the Library. Her comment to the citizens who were suggesting a Referendum for the Library site was that "you can't have a Referendum on every issue that comes up." Council agreed to consider a change in Library site if after consulting with the County they discovered the Library for Tequesta was not in jeopardy. If a change is possible, it would be necessary to make a decision within a reasonable period of time (i.e., a week to ten days). B) Request for Authorization to Negotiate the Purchase of Property 512 for Inclusion in constitution Park. Village Manager Bradford explained that Staff followed Council's direction to begin process of attempting to expand Constitution Park by way of a Lease Agreement with JTJC for the property that surrounds the JTJC building. That has been done. The lease will come before Council soon. Staff was also directed by Council to look into the acquisition of property 512, which is just north of, and adjacent to the portion of Constitution Park that the Village already owns. In 1986 this issue was pursued with an ending decision of not to purchase the property at that time. An updated appraisal of property 512 has been done. The value of the property, at this time, is not a matter of public record. Staff seeks Council's approval to begin negotiations for purchase. Councilmember Burckart moved to direct Staff to begin purchase negotiations for property 512. Vice Mayor Mackail seconded the motion. The vote on the motion was: Mayor Capretta - for vice Mayor Mackail - for Earl Collings - for William surckart - for Edward Howell - for the motion was therefore passed and adopted. Village Council Meeting Minutes January 24, 1991 Page 7 C) Discussion Relative to Proposed citizens Education Committee. It was suggested to Council at an earlier meeting that an education committee be formed so that the Village might speak a little more thoroughly and consistently on matters of local education. Cheryl Onorato stated a presentation of the bad school conditions had been made to the Palm Beach County School Board, which the School Board did not deny. Mrs. Onorato requested of the School Board a more sequential and permanent approach to these corrections. The School Board was interested in making plans to correct the problems that exist with the school facilities. Village Manager Bradford stated he had spoken with Mrs. Onorato, as well as a number of people in the Village, relative to the proposed concept of a committee. He felt the best way to do that is to have Mrs. Onorato create a citizens committee, compiled of citizens with a number of interests, and any Council members who have an interest to serve on a voluntary basis. This committee would serve as a liaison to the Village Council, reporting back to Council from time to time, keeping them informed. IX. UNFINISHED BIISINESS A) Report on Alleged Fire Hydrant Problem Within the Village Water Service Area. Mayor Capretta explained that a citizen (Harold Hutchinson) at the last Council meeting brought a report before Council that approximately 27 hydrants were out of order in the Village and Mayor Capretta instructed to do a follow-up to discover what the problems were. Mr. Bradford reported on how the system works: The Village has two systems of review relative to fire hydrants. The Water Department has over 400 hydrants which require ongoing maintenance at all times. There is a schedule of inventory, painting, correcting deficiencies found, annual flushing, etc. Users of the hydrants are Palm Beach County Fire/Rescue who, themselves, always report on conditions of hydrants which they encounter in the course of doing their jobs. village Council Meeting Minutes January 24, 1991 Page 8 ------------------------------- Fire/Rescue's procedure is to note any discrepancy in the fire hydrant, log it and compile it at Station 11. It is then sent to headquarters where the Water Officer coordinates all the reports and matters on hydrants. This report is then routed to the Water Departments of the individual municipalities. This system has been good in the past, but recently there was a breakdown in communication and reports were not received by the Water Officer and consequently the Village. There were on that report dated November 30th, 21 hydrants which had problems. The problem was not that they were malfunctioning in the sense that water was not flowing through them. One hydrant was not functional and that one has been replaced. All others have been brought up to date. Mr. Hutchinson also alleged that it appeared that all hydrants in the Country Club Community were functioning normally and properly, indicating that was a bit biased. Ten of the 21 hydrants previously referenced were, in fact, located in the Country Club area. Captain Murphy of the Palm Beach County Fire Department stated that the administrative oversight has been corrected. %. COMMIINICATION FROM CITIZENS Carlton Stoddard commended Village Council for their hard work concerning the Master Plan area in Tequesta, and their public spiritedness for a pittance of pay, and commended Greg Spencer as Chief Law Enforcement Officer for the Village. It was Mr. Stoddard's suggestion that Greg Spencer be allowed to remain as Chief Law Enforcement Officer. Lou Ann Hinds, representative for Tequesta Residents for Better Government (TRBG), stated the residents wanted the Public Safety issue completely finished as of tonight's meeting. Mrs. Hinds gave an indication of matters the TRBG would be covering and invited Mayor Capretta to participate in their once a month meetings at the Village Hall. Village Council Meeting Minutes January 24, 1991 Page 9 Betty Nagey suggested that Carl Roderick be reinstated as Chief of Police in Tequesta. Mrs. Nagey asked when the new police headquarters will be started, where the money will come from,. and suggested that the Department Heads, instead of consultants be hired to make recommendations. Glenn Rloiber, in an effort to reduce high administrative costs, suggested: 1) that Council rescind all funding towards the establishment of a unified Public Safety Department, with no such efforts or funding to take place for a minimum of two years; 2) terminate the services of Public Safety Director, Greg Spencer, reassigning Carl Roderick as Police Chief; 3) dispose of vehicle for personal use of Public Safety Director; 4) include cost of PBC F/R as part of MSTU entered as a line item on the tax bill. Dorothy Campbell announced that last filing date for candidacy for the two seats available on Village Council is February 12. She also asked if the current voting roles could be updated. Finance Director, Bill Kascavelis explained that the Supervisor of Elections is the one to update the voting roles. Ms. Campbell voiced a complaint about the Building Official stating she felt she was dealt with in a rude manner and demanded that Village Management take action in this matter and insert her letter of complaint in the Building Official's personnel file. Village Manager Bradford stated he was looking into the matter. Ms. Campbell asked when the Public Safety Director issue will be resolved. Village Manager Bradford stated he would be making a recommendation to the Council shortly, but he will not make a rash nor emotional decision, and will do what is best in the long term interests of the Village, and the decision will be a decent and humanitarian one. Kevin Larkin asked that Council expeditiously on resolving the rest of the Public Safety issue with costs savings in mind. He asked Village Manager Bradford to clarify Article 2.3 of the Village Charter (people under the Village Manager's direction are hired and fired only by the Village Manager). Mr. Bradford explained that Department Heads are confirmed or ratified by Council after recommendation by the Village Manager. Other employees' hiring and firing is the responsibility of the Village Manager, only. village Council Meeting Minutes January 24, 1991 Page 10 Richard Berube, surrogate for Harold Hutchinson recommended some significant reductions in unnecessary administrative costs. He suggested the creation of a committee to serve as a liaison between the public and the Village regarding Public Safety. He presented a list submitted to him by Chief Brice stating what the County would provide for Tequesta. Mayor Capretta stated he would have preferred that this list be presented to Village Council, not a private citizen. %I. ANY OTHER MATTERS A) Mr. Bradford reported on Jupiter making their desires known to secure the Coast Guard property north side of CR- 707 to expand their ball fields. Mr. Bradford pointed out that this property is in the Village of Tequesta. Mr. Bradford inquired as to what the Village's position is on this property, and suggested that a Resolution be drawn up stating that position, perhaps suggesting that this land stay in the hands of Tequesta for park and recreation purposes. Councilmember Collings suggested that the Village explore all the ways for acquiring the property. Council concurred. B) Fire/Rescue: Mr. Bradford presented an Ordinance to Council for their consideration, stating it was not necessary for Council to take any action on the Ordinance at this meeting. This Ordinance would allow the citizens to decide whether or not to have the boundaries of the Village of Tequesta located within the Palm Beach County Fire/Rescue MSTU. Councilmember Howell vehemently objected to the procedure of an Ordinance being presented to Council at a Council meeting when Councilmembers had not had a chance previously to review the Ordinance. Mr. Bradford reiterated that it was not necessary to take any action on this Ordinance at this time. After much heated discussion, Councilmember Burckart stated there would be a Second Reading to approve or disapprove this Ordinance and felt it should be accepted on First Reading at this meeting. village Council Meeting Minutes January 24, 1991 Page 11 ------------------------------- Attorney Randolph read the above-referenced on First Reading, by Title: 'SAN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, PROVIDING THAT THE AREA LYING WITHIN THE MUNICIPAL BOUNDARY OF THE VILLAGE OF TEQUESTA SHALL BE INCLUDED AND BECOME A PART OF THE PALM BECH COUNTY MUNICIPAL SERVICE YAWING UNIT TO PROVIDE FIRE/RESCUE SERVICES; PROVIDING FOR INTENT, PURPOSE AND EFFECT; PROVIDING FOR REFERENDUM; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; POVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE.' Councilmember Burckart moved to approve the Ordinance on First Reading. Councilmember Collings 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. C) Mr. Bradford reported that he attended the Palm Beach County Legislative Delegation Meeting last week. It was requested that the property owners of Tequesta petition the Northern Palm Beach County Water Control District (NPBCWCD) for inclusion in the boundaries. That petition is being worked on now. Council's permission is needed at the next meeting for Staff to execute a petition to include the Village in these boundaries. D) Village Manager Bradford requested permission from Council to display yellow ribbons at the Village Hall, making a statement regarding the safety of our military forces in the Persian Gulf. Council agreed that display should take place. village Council Meeting Minutes January 24, 1991 Page 12 ------------------------------- Vice Mayor Mackail moved that Mr. Bradford be authorized to demonstrate support of the Village regarding the safety of U.S. military forces in the Persian Gulf by displaying yellow ribbons at the Village Hall. Councilmember Howell seconded the motion. The vote was: Mayor Capretta - for vice Mayor Mackail - for Mayor Capretta - for William Burckart - for Edward Howell - for the motion was therefore passed and adopted %I. ADJOIIRNMENT Councilmember Collings moved to adjourn the meeting. Vice Mayor Mackail seconded the motion. The vote was: Mayor Capretta - for vice Mayor Mackail - for Mayor Capretta - for William Burckart - for Edward Howell - for the motion was therefore passed an8 adopted and the meeting was adjourned at 9:30 P.M. Respectfully submitted, Fran Bitters Recording Secretary A~~~ Bill C. ascavelis Finance Director/Village Clerk DATE APPROVED: