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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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:
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