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HomeMy WebLinkAboutMinutes_Regular_10/25/1990VILLAGE OF TEQUESTA Post Office Box 3273 357 Tequesta Drive Tequesta, Florida 33469-0273 (407) 575-6200 FAX: (407) 575-6203 V=LLAGE OF TEQL.TESTA V=LLAGE COIJNC=L MEET=NG M=NLJTES OCTOBER 2 5, 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, October 25, 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 William Burckart. Edward C. Howell was out of town on business. Village Officials present were: Thomas G. Bradford, Village Manager; Bill C. Kascavelis, Finance Director; Wendy Harrison, Assistant to the Village Manager, and Department Heads. Attorney Pam McNierney, sitting in for 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 AGENDA A) Village Manager Bradford stated he would like to amend the Agenda so that Item IX (D), pertaining to the Resolution for Patrolman Nagy, would be taken. up right after Item IV (A), with Council's approval. B) Under Item X, ANY OTHER MATTERS, Mr. Bradford asked to discuss: 1) Local option gas tax; 2) Army Corps of Engineers dredging of Jupiter Inlet; and 3) vehicle disposal for the Village. Reryeled Pgper village council Meeting Minutes October 25, 1990 Page 2 ------------------------------- Councilmember Collings moved that the Agenda be approved as amended. Councilmember Burckart seconded the motion. The vote was: Vice Mayor Mackail - for Earl Collings - for William Burckart - for Mayor Capretta - for the motion was therefore passed and the Agenda was approved as amended. IV. PIIBLIC HEARING A) Ordinance No. 415 - second Reading - Amending Zoning Ordinance No. 355, as amended, o By Amending Section IV, Definitions, Revising the Definitions of Building Line, Shopping Center and Subdivision and by Adding a New Definition for Lot Split; o By Amending Section VII, Schedule of Regulations and Application of Regulations, subsection (D), schedule of District and Use Regulations, Paragraph (6), C- 2 Community Commercial District and Paragraph (7), C-3 General Commercial District by Adding an Additional Special Exception Use to the C-2 and C- 3 Districts; o By Amending section viii, off-street Parking and Loading Regulations, Subsection (A), Application of Regulations, by Adding a new Paragraph (7); o By Amending Section XII, Sign Regulations, Subsection (O), Prohibitions in all Zoning Categories, by Adding a new Paragraph (9); o By Amending Section XIV, Non-Conforming Uses, Subsection (A), by Revising Paragraph (8) Swimming Pool Enclosures. village Council Meeting Minutes October 25, 1990 Page 3 ------------------------------- Attorney McNierney gave the Second Reading of Ordinance No. 415, by Title. Village Manager Bradford reviewed the highlights of the Ordinance for Council's benefit. Council felt they had had ample opportunity to review the Ordinance thoroughly. There were no comments from the public. Councilmember Collings moved to approve the Second Reading of Ordinance No. 415. Councilmember Burckart seconded the motion. The vote was: vice Mayor. Mackail - for Earl Collings - for William Burckart - for Mayor Capretta - for the motion was therefore passed and adopted. I%. NEW BIISINE88 D) Resolution No. 1-90/91 - Expressing Appreciation and Thanks to Patrolman Donald A. Nagy for Bervice to the village of Tequesta IIpon His Retirement. Village Manager Bradford called Officer Nagy forward before the Council and read to him Resolution No. 1-90/91, with congratulations upon retirement. Vice Mayor Mackail asked Officer Nagy if he would be playing Santa Claus again this year. Mr. Nagy understood that would be too much of a liability for the Village. Mr. Bradford stated a way would be found for him to play Santa Claus, if he desired. Vice Mayor Mackail moved to approve Resolution No. 1-90/91 and that Mr. Nagy be allowed to play Santa Claus for Tequesta for 1990. Councilmember Collings seconded the motion. The vote was: vice Mayor Mackail - for Earl Collings - for William Burckart - for Mayor Capretta - for the motion was therefore passed and adopted. village Council Meeting Minutes October 25, 1990 Page 4 ------------------------------- V. CONSENT AGENDA All items listed with an asterisk (*) are considered routine and will be enacted by one motion. VI. APPROVAL OF MINIITES AND REPORTS *A) village Council Meeting; October 11, 1990 *B) village Managers Report; October 8 October 19, 1990 Councilmember Collings moved to approve the Consent Agenda as submitted. Councilmember Burckart seconded the motion. The vote was: vice Mayor Mackail - for Earl Collings - for William Burckart - for Mayor Capretta - for the motion was therefore passed and adopted and the Consent Agenda was approved as submitted. VII. DEVELOPMENT MATTERS A) Special Exception Public Hearing and Site Plan Review for Modifications to a Previously-Approved Special Exception and Site Plan Review for Additions and Alterations to the Church of the Good Shepherd, 400 Seabrook Road. Scott Ladd, Building Official, gave a brief overview: This is a previously approved Site Plan Review, Special Exception Use, for modifications to the church. Minor changes were highlighted on the Attachment supplied to Council. The modifications were: 1) reduction in square footage; 2) a change in the roof style; and 3) some landscaping considerations, part of which was to comply with the Tequesta Landscape Ordinance. A letter from a property owner who lived within 300 feet of the church, in support of the application, was received by the Building Department. John Roberts, Head of the Building Committee for Church of the Good Shepherd, was in attendance. village Council Meeting Minutes October 25, 1990 Page 5 ------------------------------- Vice Mayor Mackail moved to find the application of the Church of the Good Shepherd acceptable under the Special Exception Public Hearing Criteria. Councilmember Collings seconded the motion. The vote was: vice Mayor Mackail - for Earl Collings - for William Burckart - for Mayor Capretta - for the motion was therefore passed and adopted. Vice Mayor Mackail moved to approve the Site Plan Review, Special Exception Use, for modifications for the Church of the Good Shepherd. Councilmember Collings seconded the motion. The vote was: vice Mayor Mackail - for Earl Collings - for William Burckart - for Mayor Capretta - for the motion was therefore passed and adopted. B) Consideration of Combined Preliminary and Final Plat Review for the Proposed Three (3) Lots of ~'Noit Gedacht" subdivision. Since there was no one in attendance in representation of "Noit Gedacht", Council agreed to defer until there was representation. Councilmember Collings moved to defer this item until there was a representative of "Noit Gedacht" in attendance. Councilmember Burckart seconded the motion. The vote was: vice Mayor Mackail - for Earl Collings - for William Burckart - for Mayor Capretta - for the motion was therefore passed and adopted. Village Council Meeting Minutes October 25, 1990 Page 6 ------------------------------- C) Palm Beach County Btaff Presentation of current North County (Tequesta) Library site options Audrey Wolf, Facilities Director and Expansion Coordinator for the Palm Beach County Library System, gave an update on the Tequesta Branch Library, and presented an artist's rendering of two optional roof designs, as well as a possible alternate site for the proposed Library. There are problems with getting the originally planned facility built on the site proposed for the amount of money allocated. The options are: 1) Building on the proposed site near the Post Office and meeting the offering price of the land would result in a scaling back of the original Library design, which includes roof modifications and a lesser amount of furniture and equipment; or 2) Have the seller reduce the price of the land to meet the Library's maximum price, allowing the County to build the original design of the Library and fully furnish it. However, this would leave no money for contingency, and no further design changes could be allowed; or 3) Move the site of the Library to a Tequesta Drive location, next to the Village Hall behind the park. If the Village donated the land or entered into a long-term lease agreement with the County, the County would be able to build the original structure, fully furnish it, and have a $68,000 contingency for design modifications and/or any changes in scope that may occur during the process. Mayor Capretta stated he was asked, after a conversation with the owners of the land near the Post Office, to report to the Library representatives that the price of the land would be reduced to $107,000. Councilmember Collings and Vice Mayor Mackail stated they favor the Post Office site for the proposed Library, but that the real issue is to decide where the Library would be most useful. Mayor Capretta agreed that money is not the bottom line, but where the Library is most useful should be the deciding factor. Tod McNeil of M.J. Anderson Construction stated that his firm would be willing, free of cost, to give the County a bid for the construction of the proposed Library which he felt would be within the County's budget allowance. Ms. Wolf answered that the County felt the bids they had received were accurate and current. village Council Meeting Minutes October 25, 1990 Page 7 ------------------------------- Mayor Capretta suggested that the Library representatives speak with the landowners to confirm the offer for the land and come back before Council on November 8, to further discuss the Library. VIII. COMMIINICATIONS FROM CITIZENS Pert Towne stated a copy of a Memorandum from Robert Hoffineir, President of the Tequesta Country Club Association (TCCA) and D. Stanley Jacobs, Chairman of Crime-Watch and Hurricane Watch, addressed to all captains, co-captains, Board of Directors of the TCCA, and other key members, was anonymously placed in her mailbox, the subject of which was a meeting on the Public Safety issue. She took exception to the memorandum and was insulted not to be considered a key member of the community. Mrs. Towne stated she would be sending a letter to the Editor of the Courier Journal stating anyone should be allowed to attend any meetings on the Public Safety issue, and not by invitation only. John Giba objected to the allowance of the proposed Burt Reynolds Training Theatre to be located at the corner of Tequesta and Cypress Drives. Scott Ladd, Building Official, stated that the application met the Village Codes and would be allowed; it is a permitted use. Revin Larkin asked if private meetings are allowed to be held in Council Chambers. Mr. Bradford answered that the Village Hall is used by Homeowners Associations, Crime Watch Units, and civic associations. These legitimate organizations decide who they want to attend. Not all meetings that take place in the Village Hall are necessarily public. IX. NEW BII8INE88 A) Discussion and village Council Direction Relative to the Proposed village Annexation Policy Mr. Bradford explained that a tentative March 1991 annexation schedule was presented as a guide for discussion purposes, along with maps of targeted areas. Comments from Council were sought regarding the proposed annexation policy documents, as well as Council's direction for preparation of a final Village Council Meeting Minutes October 25, 1990 Page 8 ------------------------------- resolution regarding the annexation policy, identification of specific annexation areas for an initial referendum, and directions for preparation of an Urban Services Report for all or specific areas proposed for annexation. Councilmembers Collings and Burckart and Vice Mayor Mackail felt proposed areas A and B ought to be pursued immediately for annexation while those in other proposed areas should be informed on the issue, and that Section 2 of the Resolution should be amended to include areas A and B, but delete C, D, and E. Vice Mayor Mackail moved to approve the Resolution 2-90/91, amending Section 2 to include areas A and B, but delete areas C, D and E and approve the Annexation Policy. Councilmember Collings seconded the motion. The vote was: Vice Mayor Mackail - for Earl Collings - for William Burckart - for Mayor Capretta - for the motion was therefore passed and adopted. B) ordinance - Discussion and/or First Reading - Amending Definitions, Organization, Applicability, Enforcement Procedure, Conduct of Hearing, Fines and Liens, and Appeals, All Relating to the Tequesta Code Enforcement Board. Attorney Pam McNierney gave the First Reading by Title: AN ORDINANCE OF THE VILLAGE OF TEQIIESTA, PALM BEAC$ COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 376 OF THE VILLAGE OF TEQUEBTA ESTABLISHING A MUNICIPAL CODE ENFORCEMENT BOARD, AMENDING SECTION 3 RELATING TO DEFINITIONS; AMENDING SECTION 4 RELATING TO ORGANIZATION; AMENDING SECTION 5 RELATING TO APPLICABILITY; AMENDING SECTION 7 RELATING TO ENFORCEMENT PROCEDURE; AMENDING SECTION 8 RELATING TO CONDUCT OF HEARING; AMENDING SECTION 9 RELATING TO FINES AND LIENB; AMENDING SECTION 10 RELATING TO APPEALS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. Mr. Bradford gave the Council a brief overview of the Ordinance, stating that this Ordinance tracks the amendments to the statute. village Council Meetiaq Minutes October 25, 1990 Page 9 Councilmember Collings moved to approve the First Reading of the above-referenced Ordinance. Vice Mayor Mackail seconded the motion. The vote was: vice Mayor Mackail - for Earl Collings - for William Burckart - for Mayor Capretta - for the motion was therefore passed and adopted. Mayor Capretta suggested that a meeting be set up with the Code Enforcement Board, Code Enforcement Officer and Presidents of all Homeowners Associations for a discussion on suggested changes in Village ordinances, and any problems they might have with the Code Enforcement Board. Mr. Bradford stated the Village Attorney advised against the Code Enforcement Board meeting in this manner, but suggested a group meet with all Councilmembers instead to receive input. Mayor Capretta asked the Village Manager to try to develop a concept to deal with this issue and report back to the Village Council with the same. The Village Council concurred. C) Ordinance - Discussion Only - Providing a supplemental Enforcement Procedure Relating to village Code violations. (This Ordinance, if adopted, allows the Code Enforcement Officer of the village to issue Citations for Code violations which would be Civil Infractions, Subject to a Fine, Allowing Certain violations of Ordinances which would not Normally qo to the Code Enforcement Board to be Satisfied by Nay of Payment of a Fine). Attorney McNierney explained that this Ordinance came about due to an amendment to Chapter 162 relating to Code Enforcement Boards. Legislature saw a gap in the authority of Code Enforcement Boards. This Ordinance allows fees for offenses. Mayor Capretta asked if the Code Enforcement Officer and Tequesta Law Enforcement Officers will be trained for this. Scott Ladd explained that meetings have already taken place regarding this, and that proper training will take place. village Council Meeting Minutes October 25, 1990 Page 10 ------------------------------- Councilmember Collings moved to table this Ordinance so ghat it might be further studied, since he had concerns that this was more than was needed for Tequesta. Councilmember Burckart seconded the motion. The vote was: vic® Mayor Mackail - for Earl Collings - for William Burckart - for Mayor Capretta - for the motion was therefore passed and adopted. D) Resolution No. 1-90/91 - Expressing Appreciation and Thanks to Patrolman Donald A. Nagy, for Service to the village of Tequesta, IIpon His Retirement. Item D) was covered previously on the Agenda. 8. ANY OTHER MATTERS A) LOCAL OPTION GAS TAB: Mr. Bradford explained the current Local Option Gas Tax expires in 1995. Some big cities have requested to Bond that revenue source by extending the gas tax. Present distribution of the gas tax money is: 67$ to County, and cities split the remaining 33~. Mr. Bradford recommended that Council give him authority to write to Mr. Winters stating that this distribution remain as is, otherwise the Village would realize a net reduction of $30, 000 per year. Councilmember Collings moved that Council authorize Mr. Bradford to write a letter to Mr. Winters stating that the distribution of the gas tax money remain ~ it is presently. Councilmember Burckart seconded the motion. The vote was: vice Mayor Mackail - for Earl Collings - for William Burckart - for Mayor Capretta - for the motion was therefore passed and adopted. village Council Meeting Minutes October 25, 1990 Page 11 ------------------------------- 8) ARMY CORPS OF ENGINEERS DREDGING PERMIT APPLICATION BY PALM BEACH COUNTY - Mr. Bradford suggested that Council authorize him to write ~ letter to the Army Corps of Engineers stating that such dredging could have an impact on wave height, littoral drift, and energy action on the shoreline, and that further study should be done. The work is proposed off the Jupiter Inlet. Councilmember Burckart moved that Council authorize Mr. Bradford to write a letter to the Army Corps of Engineers stating that such dredging could have an impact on wave height, littoral drift, and energy action on the shoreline, and that further study should be done. Councilmember Collings seconded the motion. The vote was: vice Mayor Maokail - for Earl Collings - for William Burckart - for Mayor Capretta - for the motion was therefore passed and adopted. C) VEHICLE DISPOSAL - Council's motion of last meeting to give one of the Village's vehicles to Jupiter High School has been refused by the High School. Mr. Bradford stated that North Tech. has indicated a desire for the car. Vice Mayor Mackail moved to donate the vehicle to North Tech. Councilmember Burckart seconded the motion. The vote was: Vice Mayor Mackail - for Earl Collings - for William Burckart - for Mayor Capretta - for the motion was therefore passed and adopted. village Council Meeting Minutes October 25, 1990 Page 12 ------------------------------- 8I. ADJOIIRNMENT Vice Mayor Mackail moved to adjourn the meeting. Councilmember Burckart seconded the motion. The vote was: vice Mayor Mackail - for Earl Collings - for Mayor Capretta - for William Burckart - for the motion was therefore passed and adopted and the meeting was adjourned at 9:30 P.M. Respectfully submitted, Fran Bitters Recording Secretary ATi~ c~~ ._ ~~ C.~~ Bill C. scavelis Finance Director/Village Clerk DATE APPROVED: °1 t'' i99v