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HomeMy WebLinkAboutMinutes_Regular_12/13/1990VILLAGE OF TEQUESTA Post Office Box 3273 • 357 Tequesta Drive Tequesta, Florida 33469-0273 • (407) 575-6200 FAX: (40'7) 575-6203 V I L L A G E O F T E Q II 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 NO T E 8 D E C E M B E R 1 3 , 1 9 9 0 I. The Tequesta Village Council held a regularly scheduled meeting at the Village Hall, 357 Tequesta Drive, Tequesta, Florida, on Thursday, December 8, 1990. 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, and Edward .Howell. William Burckart arrived at 7:05 P.M. Village Manager, Thomas G. Bradford, Wendy Harrison, Assistant to Village Manager, Bill Kascevalis, Finance Director, Department Heads and Village Attorney, John C. Randolph were also in attendance. II. INVOCATION AND PLEDGE OF ALLEGIANCE Vice Mayor Ron T. Mackail gave the Invocation and led those in attendance to the Pledge of Allegiance to the American Flag. III. APPROVAL OF AGENDA Councilmember Collings asked to add three items under ANY OTHER MATTERS. Village Manager Bradford asked that Item VII C) be deleted from the Agenda since applicant Merola Enterprises, Inc. has asked to be removed from consideration. Councilmember Collings moved that the Agenda be approved as amended. Vice Mayor Mackail 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 the Agenda was approved as amended. Recycled Paper village Council Workshop Meeting Minutes December 13, 1990 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) Code Enforcement Board - October 2, 1990 *B) Community Appearance Board - October 24, 1990 *C) Village Council Workshop - October 30, 1990 *D) Community Appearance Board - October 31, 1990 *E) Code Enforcement Board - November 7, 1990 *F) Village Council - November 8, 1990 *Q) Village Managers Report - November 5 - December 7 1990 Vice Mayor Mackail moved to approve the Consent Agenda as submitted. Councilmember Burckart 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. VI. COMMIINICATION FROM CITIZENS Chief Brice, Fire Chief of Palm Beach County, spoke before the Council giving his input on Fire Rescue for Tequesta. Chief Brice stated that: o Palm Beach County Fire Rescue provides Tequesta with a high level of service, and it was his position that Public Safety had no comparison, and neither could it be better than nor equal to the level of service Palm Beach County offers; o As long as Tequesta stays in the Palm Beach County Fire Rescue system, Station 11, located in Tequesta, would remain in Tequesta, and offered to give Tequesta that promise in writing; Village Council Workshop Meeting Minutes December 13, 1990 Page 3 ------------------------------- o Police can be trained as first responders, but cannot perform as a Fire Department; o Tequesta receives better services by pooling their efforts, as opposed to striking out on its own with Public Safety. Councilmember Collings explained to Chief Brice that Public Safety in Tequesta would free Tequesta from the uncontrollable inflation expenses from Palm Beach County. Chief Brice explained that the cost of government operation continues to escalate (in Tequesta as well as the County), and pooling efforts gives better service for the money. Cost of fire services will go up no matter who manages. Mayor Capretta questioned Chief Brice about the previously proposed $55M Bond Issue, and asked if the County intends to move forward with that proposal. Chief Brice stated this issue was never presented to the County Commission. He did feel this was a good alternative, however, since it would give the County a systematic approach to providing the needs of Palm Beach County Fire Rescue. It will be a minimum of two years before the issue will be brought up again. Betty Nagey was concerned about fliers being circulated regarding Public Safety which contain what she called "misleading statements". Joe Yoder expounded on the increasing costs of Palm Beach County Fire Rescue (PBCF/R) to the Village of Tequesta compared to the low percentage of use received by Tequesta. Mr. Bob Ritchie, Beach Road Association, stated that Beach Road Association endorses Public Safety for Tequesta because 1) there would be a quicker response to emergency calls from the 540 families who live on Beach Road, therefore suggesting that Phase I of Public Safety should be implemented as soon as possible; and 2) residents of Beach Road preferred to see Tequesta in control of its own costs. Village Council Workshop Meeting Minutes December 13, 1990 Page 4 ------------------------------- William Shannon, pointed out that though there were pros and cons to Public Safety for Tequesta, he felt it would be feasible to have a mutual aid agreement to meet an emergency need that Tequesta could not provide. Greg Spencer concurred. Chief Brice stated the County has a problem with a city which funds a lower level of service and calls upon the apparatus of other taxpayers to help in their time of need. He stated there are special assistance programs available at an hourly charge and would have to be based on the County's ability to respond - the response is not guaranteed. Harold Hutchinson, stated he felt Tequesta receives excellent service from PBCF/R, and Tequesta's Police Department is doing an excellent job. He further stated a group called Tequesta Residents for Better Government has been formed and will conduct a panel discussion at St. Jude's Parish Hall on 12/20/90 at 7:00 p.m. (subject to change). The objective of this panel discussion is to give every Tequesta resident a better opportunity to understand Public Safety. Richard Berube, stated that if Tequesta choose a Public Safety route that there is a strong possibility that Tequesta insurance will increase. He also stated he has difficulty with a 'volunteer' fire department, costs of mutual aid, and Greg Spencer's salary and expenses. VII. DEVELOPMENT MATTERS A) Consideration of Combined Preliminary and Final Plat Review for the Proposed Three (3) Lot "Noit Gedaoht" Subdivision. Gordon Ripma, representative for Noit Gedacht stated that since the last Council meeting, the controversial matter of the sea wall was resolved and there is nothing standing in the way for a Final Plat Approval. village Council Workshop Meeting Minutes December 13, 1990 Page 5 ------------------------------- Vice Mayor Mackail moved to approve the Final Plat Review for Noit Gedacht. 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. B) Review and Discussion of Proposed Zoning Teut Amendment Allowing Churches and other Public Buildings Within the C-2 Commercial Zoning District. Submitted by St. Jude's church. Representative William E. Shannon, Esq. Village Manager Bradford explained that in 1987 Council chose to amend Ordinance No. 355 because: 1) annexation growth in the U.S.Highway One area was forecasted and it was desired that the potential tax base not be impacted by a church being located on U.S. One; 2) toward the latter preparation of Ordinance No. 355, staff felt the C-2 zoning district was too big for a Village the size of Tequesta. Adjustment needed to be made to provide for some sort of residential concept in that area. A church could be located there with a non- conforming use allowance. It was Mr. Bradford's recommendation that Council undertake the zoning text amendment and instruct staff to require churches to have a minimum lot size and free standing buildings with minimum square footage requirements. Councilmember Collings moved to authorize staff to move forward with the suggested text amendment to Ordinance No. 355 and the suggested changes by Mr. Bradford. 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. Village Council Workshop Meeting Minutes December 13, 1990 Page 6 ------------------------------- C) Review of Proposed IIse for Lighthouse Plasa, Old R-Mart Facility. Merola Enterprises, Inc. This item was deleted from the Agenda. D) Site Selection for New Tequests.Branch Library Building. Marsha Neilson, 94 Beachwood Trail, stated she preferred the Tequesta Drive site for safety reasons, the noise level is less, Tequesta already owns the site, and it is more accessible. Carlton Stoddard, read a letter submitted by Dr. Stanley Jacobs, stating he felt it would be improper for the Village to donate a piece of Village property with a market value of $300,000 to the County for a library site. Village Manager Bradford recommended that Council select the site south of the Post Office in the Master Plan area. However, if the Tequesta drive site is the choice, he would recommend that the Village obtain a long-term lease for the land with a cancellation clause, with a predetermined depreciated price upon cancellation, and the Village receive reimbursement of Master Plan Site modifications. Vice Mayor Mackail moved to approve the location south of the Post Office in the Master Plan area as the site for the Tequesta Branch of the Palm Beach County Library. 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 snd adopted. Village Council Workshop Meeting Minutes December 13, 1990 Page 7 ------------------------------- E) Discussion and Reviear of Draft Proposed Zoning Ordinance Implementing the Tequesta Town Center Master Plan. Jack Horniman, Village Planning Consultant, gave an overview: There are two options available for the zoning; 1) mixed use district; or 2) mixed use overlay. Mixed use district would mean creating a separate zoning district which would require amending the Comprehensive Plan, and establish regulations to implement the Master Plan which would have to be adopted. Mixed use overlay gives flexibility. Anything built in C-2 today could be allowed, based on Council's approval. There are a number of incentives built into the mixed use overlay. There are sixteen permitted uses, but no special exception uses. Attorney Randolph had difficulty with "permitted use", since it implied that anyone could come in and build without the approval of Council. He felt the proposed zoning ordinance was not clear. A general discussion followed. Because there seemed to be so much debate and discussion, Mayor Capretta suggested a workshop session with plenty of terminolgy explanation for the next review. The Village Council concurred with Mr. Bradford's summary and Mayor Capretta's suggested workshop. Mr. Bradford summarized by saying he would: o Place the Library in the Master Plan south of the Post Office. o Integrate St. Jude's proposed site plan into the Master Plan. o Allow the Village Council to have Site Plan Review and/or Special Exception Public Hearings for Master Plan permitted uses. o Reduce the permitted uses in the underlying zoning, especially C-2, with an eye toward eliminating shopping centers and other incompatible uses. o Review strengthening and using the PUD option. o Incorporate Master Plan as the guide or model for development in the Ordinance. Village Council Workshop Meeting Minutes December 13, 1990 Page 8 ------------------------------- Viii. rTEW sUSINESs A) Resolution No. 5-90/91 - Declaring the Date, Purpose, Polling Place, Inspectors of Election and Rate of Pay, Members of the Canvassing Board, Designating the supervisor of Elections to Tabulate votes and Providing Requirements for IItilisation of Absentee Ballots, All Relative to the Public safety Referendum on January 15, 1991. Attorney Randolph read Resolution No. 5-90/91. Mr. Bradford explained this merely appoints the election officials and officers, as well as the ordinary and typical provisions the Village utilizes in conducting elections. Vice Mayor Mackail moved to approve Resolution No. 5-90/91. 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. B) village Council Direction Relative to Board of Adjustment Appointments. Village Manager Bradford recommended the reappointment of James Van Wagner as a regular member and choose one of the applicants to fill the alternate member slot. Councilmember Collings moved to reappoint James Van Wagner as a regular member to the Zoning Board of Adjustment and Bob Friemark as an alternate member. Councilmember Burckart 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. village Council Workshop Meeting Minutes December 13, 1990 Page 9 ------------------------------- C) consideration of Appointments to the Code Enforcement Board. Village Manager Bradford recommended the reappointment of Gordon Ritter as a regular member, Mitchell Miller as a regular member and Jeffrey Vorpagel and Thomas Mortati as alternate members. Councilmember Collings moved to reappoint Gordon Ritter, appoint Mitchell Miller as a regular member, appoint Jeffrey Vorpagel and Thomas Mortati as alternate members to the Code Enforcement Board. 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. D) Authorization of Amnesty Day Hazardous Waste Collection Event in Conjunction with the Solid Waste Authority. Mr. Bradford explained the Solid Waste Authority has been contacted. A designated site should be chosen with appropriate advertising, homeowners would bring to the site hazardous materials to be packaged and properly disposed of. The Village would have to pay the manpower costs which would be between $3000-$5000. Councilmember Burckart moved to approve Amnesty Day. Councilmember Collings seconded the motion. The vote was: Mayor Capretta - for Vice Mayor Mackail - for Earl Collings - for William Burckart - for Edward Howell - for the motion was therefore passed and adopted. Mr. Bradford stated it would probably be sometime in March or April 1991. village Council Workshop Meeting Minutes December 13, 1990 Page 10 ------------------------------- BI. ANY OTHER MATTERS A) Councilmember Collings reported on the December COG meeting of which the main subject was the feeder beach outside Jupiter Inlet south, and its dredging. Another subject was the connector road. The only hangup is still the Girl Scout Camp people, who are objecting for no apparent reason. It was recommended that new aerial photos be taken to bring the matter current, put it back on the front burner, and press towards resolving the issue. Another meeting concerned Indiantown Road bridge, which has an apparent three-year delay for start of construction. B) Mayor Capretta reminded Council that nothing has yet been heard from Martin County regarding sharing expenses for Tequesta Park, the 25$ surcharge for water usage, and the Connector Road. %I. ADJOIIRNMENT Vice Mayor Mackail moved to adjourn the meeting. Councilmember Burckart seconded the motion. The vote was: vice Mayor Mackail - for Mayor Capretta - for William Burckart - for Edward Howell - for ,~ the motion was therefore passed and adopted and the meeting was adjourned at 10:00 P.M. Respectfully submitted, Fran Bitters Recording Secretary A~~~ Bill C. K scavelis Finance Director/Village Clerk DATE APPROVED: /~, /5'~/