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HomeMy WebLinkAboutMinutes_Regular_10/11/1990VILLAGE 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 LA G E C O U N C I L M E E T I N G M I N U T E S O C T O B E R 1 1 , 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 12, 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: Earl L. .Collings, William Burckart, Edward C. Howell, and Vice Mayor Ron T. Mackail. Village Officials present were: Thomas G. Bradford, Village Manager; Bill C. Kascavelis, Finance Director; Wendy Harrison, Assistant to the Village Manager, 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. II. APPROVAL OF AGENDA Councilmember Burckart asked that Item X(F) be postponed until the next Council meeting to allow more. time to study the annexation issue. Councilmember Collings stated he had four items to bring up under Item XII. ANY OTHER MATTERS. Village Manager Bradford stated that under ANY OTHER MATTERS he would like to present to Council a request for approval of disposing of surplus vehicles. Recycled Paper Village Council Meeting Minutes October 11, 1990 Page 2 ------------------------------- Vice Mayor Mackail 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 Edward Howell - for Mayor Capretta - for the motion was therefore passed and adopted. IV. PIIBLIC HEARING A) Ordinance No. 415 - First Reading - Amending section BV (A)(8) of the Appendix (Zoning) of the Code of Ordinances for the Village of Tequesta, Revising the Definitions of Building Line, shopping Center, and subdivision and By Adding a New Definition for Lot Split, Amending Off- street Parking and Loading Regulations, Amending sign Regulations, and Providing for swimming Pool Enclosure Requirements. 1) overview of ordinance Village Manager Bradford gave a brief overview of the Ordinance. 2) Dillage Council and Public Comments Vice Mayor Mackail asked in regard to the designation of parking spaces for tenants and owners if that applied to trucks and/or vehicles. Mr. Bradford answered, "No." village Council Meeting Minutes October 11, 1990 Page 3 ------------------------------- 3) Ordinance Read by Title Attorney Randolph gave the First Reading of Ordinance No. 415 by Title: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQIIESTA, PALM BEACH COIINTY, FLORIDA, AMENDING ZONING ORDINANCE NO. 355, A8 AMENDED, BY AMENDING SECTION IV, DEFINITIONS, REVISING THE DEFINITIONS OF BIIILDING LINE, 880PPING CENTER, AND SIIBDIVISION AND BY ADDING A NEW DEFINITION FOR LOT SPLIT; BY AMENDING SECTION VII, BCHEDIILE OF REGIILATIONS AND APPLICATION OF REGULATIONS, BIIBSECTION (D), BCHEDIILE OF DISTRICT AND IISE REGIILATIONS, PARAGRAPH (6), C-2 COMMUNITY COMMERCIAL DISTRICT AND PARAGRAPH (7), C-3 GENERAL COMMERCIAL DISTRICT, BY ADDING AN ADDITIONAL BPECIAL EXCEPTION IISE TO THE C-2 AND C-3 DISTRICTS; BY AMENDING SECTION VIII, OFF-STREET PARKING AND LOADING REGIILATIONS, SUBSECTION (A), APPLICATION OF REGIILATIONS, BY ADDING A NEW PARAGRAPH (7); BY AMENDING SECTION XII, SIGN REGIILATIONS, SUBSECTION (0), PROHIBITIONS IN ALL ZONING CATEGORIES, BY ADDING A NEW PARAGRAPH (9); BY AMENDING SECTION BIV NON-CONFORMING IISES, SUBSECTION (A), BY REVISING PARAGRAPH (8); PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. 4) Motion to Adopt/Reject Ordinance No. 415 on First Reading Councilmember Burckart moved to approve the First Reading of Ordinance No. 415. Councilmember Collings seconded the motion. The vote was: Vice Mayor Mackail - for Earl Collings - for William Burckart - for Edward Howell - for Mayor Capretta - 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 October 11, 1990 Page 4 ------------------------------- VI. APPROVAL OF MINIITES AND REPORTS *A) Code Enforcement Board Meeting; September 4, 1990 *B) Village Council Meeting; September 27, 1990 *C) Village Managers Report; September 24 - October 5, 1990 Councilmember Burckart made a comment that he had checked out the property of Case No. 90-010 and commended the Code Enforcement Board for the way they handled the situation. Mr. Hutchinson, next door neighbor to said property, stated he did not agree that the cleanup next door to his was properly cleaned up, felt it was not in compliance, and invited staff members to take another look. Scott Ladd, Building Official, stated this case had three appearances before the Code Enforcement Board, and at the last hearing was found to be in compliance. Mr. Ladd stated the property would be checked one more time. Councilmember Collings moved to approve the Consent Agenda as submitted. Councilmember Howell seconded the motion. The vote was: vice Mayor Mackail - for Earl Collings - for William Burckart - for Edward Howell - for Mayor Capretta - for the motion was therefore passed and adopted VII. COMMITTEE REPORTS A) Public Works Committee Meeting, September 19, 1990 - village Council Direction Relative to the Committee Recommendation to Develop a Lease Agreement with the JTJC for a Neighborhood Park Facility. Mr. Bradford gave a quick overview, stating the Village Council gave the Public Works Committee the authorization to meet with the Board of Directors of the JTJC, relative to their interests in pursuing a long-term lease on their vacant property located behind the JTJC building on Seabrook Road. village Council Meeting Minutes October 11, 1990 Page 5 That meeting took place on September 19 at the JTJC Building. The outcome was favorable. The JTJC Board voted unanimously to authorize pursuing a 99-year lease with the Village relative to the use of that land for the creation of a neighborhood type of park. Council's approval is now sought to proceed with the development of a long-term lease agreement to be reviewed by Council. Councilmember Howell suggested that Council pursue the purchase of Lot 512 behind the JTJC building as well as approving staff to proceed with the development of a long- term lease on the JTJC property. Vice Mayor Mackail concurred. Councilmember Howell moved that Council direct the Village Staff to proceed with the development of a long-term lease agreement with JTJC. Councilmember Burckart seconded the motion. The vote was: vice Mayor Mackail - for Earl Collings - for William Burckart - for Edward Howell - for Mayor Capretta - for the motion was therefore passed and adopted VIII. DEVELOPMENT MATTERS A) Consideration of Preliminary and Final Re-Plat Review for Lots 8A, & 8B, Block 2, Country Club Point. Joseph M. Arbree, Applicant. Scott Ladd, Building Official, explained that this is the final step in the process of the Lot Split of Lot 8, Block 2, Country Club Point. The Re-Plat has been reviewed by the Building Department and engineer, and approval is recommended. village Council Meeting Minutes October 11, 1990 Page 6 ------------------------------- Councilmember Collings moved that the Re-Plat for Lots 8A and 8B, Block 2, Country Club Point, be approved. Vice Mayor Mackail seconded the motion. The vote was: vice Mayor Mackail - for Earl Collings - for William Burckart - for Edward Howell - for Mayor Capretta - for the motion was therefore passed and adopted. I%. COMMIINICATIONB FROM CITIZENS Ravin Larkin stated that the Public Safety Newsletter sent out by the Village was well done. He asked if a date for the workshop for the Referendum wording had yet been set. Mr. Bradford suggested October 30 to Council, and is waiting for Council's response, and will know that date by the next Council meeting. Councilmember Burckart left the meeting at 7:40 p.m. %. NEW BIISINE88 A) Consideration of Amending Requirement to Form a Homeowner's Association as a Condition to Acceptance and Repair of Shay Place. Attorney Don Hilly, representative for the homeowners of Shay Place, proposed to Council to reconsider the policy position regarding a Homeowners Association for Shay Place to save needless expense for the property owners of Shay Place, but would like the Village to take over and maintain the roadways of Shay Place. The least expensive route might be for all of the homeowners of Shay Place to do a Right-of-Way Deed to the Village. Copies of surveys of lot layouts of Shay Place were presented to Council. Lots 7, 8, 9 and 10 showed the property lines going into the road area. village council Meeting Minutes October 11, 1990 Page 7 ------------------------------- Attorney Randolph stated that though this could be legally accommodated by way of Right-of-Way Deeds and utility easements, he and Attorney Hilly could not go further with that approach because Council had made a policy decision to have a Homeowners Association. He stated there is some concern about that area at the end of the street which has a water collection area. Attorney Hilly stated the property owners would be deeding only the road areas. Mr. Bradford explained that the water retention area is actually private property which has been sloped and contoured to serve as drainage retention area for runoff from the roadway. The potential problem is that, since the road today is private, and the retention pond area is private, it does not technically effect the Village. But, if the road becomes public and the retention pond is private, who would be responsible if flooding should occur? Councilmember Collings felt documentation could be drawn up to resolve that situation. Attorney Randolph felt it would pose a problem if subsequent owners of lots 8 and 9 wanted to fill in that retention area. Attorney Randolph explained that since the retention area is privately owned, the liability would exist whether there was a Homeowners Association which did not have any control over those private properties or if it was done the way Attorney Hilly suggests. The liability will still be there even if the Village takes over the road. Attorney Hilly is requesting Council to back off their policy decision for a Homeowners Association to allow for a way to accommodate this situation and to eliminate the liability that may be caused by this retention area. If that cannot be accomplished, the Village is under no obligation to take over the maintenance of the road nor are they precluded from going back to explore by way of a Homeowners Association. Councilmember Collings moved that the condition of forming a Homeowners Association be removed as a condition for paving the road, and that a way be found to solve the retention area question. Vice Mayor Mackail seconded the motion. The vote was: vice Mayor Mackail - for Earl Collings - for Edward Howell - for Mayor Capretta - for the motion was therefore passed and adopted. village Council Meeting Minutes October 11, 1990 Page 8 ------------------------------- B) Consideration of Professional Services Agreement for Programming (Space-Need Assessment) Services for the Qarage Facility Project. Village Manager Bradford stated that the Water Department has a limited garage space at the Old Dixie Highway Plant, which causes equipment to be stored outdoors. Indoor storage would increase the life of that equipment. The existing Public Works Garage facility is also cramped and antiquated, with limited usefulness. The Police Department also lacks a secure area in which to store seized property. A garage facility was placed by Council in the FY90 Capital Improvement schedule. The proposal from Kimley-Horn (Hutcheon Engineers) is the result of the procedures followed by staff pursuant to the Consultants Competitive Negotiations Act. David Stewart, Vice President of Kimley-Horn, gave a presentation of that proposal. The proposal includes: o Conduct User Interviews o Analyze/Establish Program Councilmember Howell questioned whether a central garage facility was really needed at this time. Councilmember Collings verified that there is presently no repair facility for any of the Village vehicles. Mr. Bradford confirmed that point and stated that, presently, the Village does not necessarily need to have internal maintenance, but it should be considered if the cost-benefit is favorable, and should be planned into the facility. Vice Mayor Mackail reminded Council that all machinery is present stored outside. If the Village does choose the R/O route, however, it would be necessary to recognize the need for an inside storage facility. He felt the long-term approach should not be limited. Mrs. Nagey felt this might be putting the ' cart before the horse' in light of the fact that it is not yet known whether the Village will choose to change to Public Safety, and, if so, there could be a need for a bigger storage facility to store and repair Public Safety vehicles. She suggested that this issue be tabled until after the Referendum. village Council Meeting Minutes October 11, 1990 Page 9 ------------------------------- Ravin Larkin asked what alternatives there were to having this particular contractor for this study, and if other contractors were available. Mr. Bradford explained that the RFPs were sent out to the Florida Engineering Society members, as well as advertised for the project. Ten responses were received. Five firms were interviewed. The team selected according to Florida law decided Kimley-Horn was the best qualified of all firms interviewed. Vice Mayor Mackail moved to approve the proposal for preliminary design services from Kimley-Horn and Associates, Inc. for the Tequesta Garage Facility at 901 Old Dixie Highway. There was no second. ~ Mayor Capretta suggested this issue be kept on the back burner until after the Referendum in January 1991, when the issue would then be appropriate to where the Village is headed. C) consideration of Two Appointments to the Code Enforcement Board for a Three-Year Term. Mayor Capretta felt there should be a policy which requires an equal balance of representation of various areas of the Village when considering Board membership. When appointments come due for these Boards, it was suggested that the Village Manager make a deliberate effort of considering who is already on the Board or Committee and determine what geographical area of the Village needs to be represented. Mayor Capretta noted that the Code Enforcement Board was one of those Boards which needed a more even representation. Mr. Bradford suggested opening applications all the way up by announcing the openings in the Newsletter which is due to go out soon, and select from those who apply. He also informed Council that a new Florida law now allows for two alternates on the Code Enforcement Board. Council concurred with Mr. Bradford's suggestion to open applications for the Code Enforcement Board in the upcoming Newsletter, and to solicit alternate members. village Council Meeting Minutes October 11, 1990 Page 10 ------------------------------- D) Consideration of Appointment of a Regular Member to the Board of Adjustment to Complete the IInespired Term of the Late Mary Louise Nolen. Councilmember Collings moved to appoint Edwin J. Nelson as a regular member to the Board of Adjustment. Vice Mayor Mackail seconded the motion. The vote was: vice Mayor Mackail - for Earl Collings - for Edward Howell - for Mayor Capretta - for the motion was therefore passed and adopted. E) Appointment of an Applicant to Serve as an Alternate Member to the Community Appearance Board. Vice Mayor Mackail moved to appoint Lou Ann Hinds as an alternate member to the Community Appearance Board. Councilmember Collings seconded the motion. The vote was: vice Mayor Mackail - for Earl Collings - for Edward Howell - for Mayor Capretta - for the motion was therefore passed and adopted. F) Consideration of Formally Approving the proposed village Anneuation Policy. This Item was postponed until the next Council meeting to allow more time to study the annexation issue. village Council Meeting Minutes October 11, 1990 Page 11 BI. QNFINISHED BIISINE88 A) Ordinance No. 414 - Second Reading - Making it IInlawful to violate Certain Parking Restrictions Within the village and Establishing a Fine for violation Thereof. Attorney Randolph gave the Second Reading of Ordinance No. 414 by Title. Councilmember Collings moved to approve the Second Reading of Ordinance No. 414. Vice-Mayor Mackail seconded the motion. The vote was: vice Mayor Mackail - for Earl Collings - for Edward Howell - for Mayor Capretta - for the motion was therefore passed and adopted. BII. ANY OTHER MATTERS A) Councilmember Collings inquired as to the schedule of mosquito spraying in the Village in light of the encephalitis problem. Mr. Bradford explained spraying is taking place two times per week, except on those days that are too windy and prohibit spraying an insecticide. B) Councilmember Collings stressed again the need for the Village to have a special day set aside for pick up of appliances and paints, etc., which cannot otherwise be disposed. C) Councilmember Collings suggested that a letter of commendation be sent to Dottie Campbell or whoever was responsible for the new landscaping upgrade at Gallery Sguare North. D) Disposition of Surplus vehicles: Village Manager Bradford stated that on October 5 bids were accepted, after advertising, for two surplus vehicles of the Village: 1) 1985 GMC pick-up truck previously assigned to the Water Department, and 2) 1986 Ford Crown Victoria previously assigned to the Police Department. Top bid for the pick up truck was $710. No bids were received on the Crown Victoria. village Council Meeting Minutes October 11, 1990 Page 12 ------------------------------- Councilmember Collings moved to sell the pickup truck for the bid of $710. Vice-Mayor Mackail seconded the motion. The vote was: vice Mayor Mackail - for Earl Collings - for Edward Howell - for Mayor Capretta - for the motion was therefore passed and adopted. Mr. Bradford suggested that the Crown Victoria either be taken to the nearest used car lot for a fair market value, it could be sold for scrap, it could be donated to Jupiter High School for the mechanics class, or it could be donated to the Indian River Community College for police training purposes. Councilmember Howell moved to donate the Crown Victor to Jupiter High School mechanics class. Councilmember Collings seconded the motion. The vote was: vice Mayor Mackail - for Earl Collings - for Edward Howell - for Mayor Capretta - for the motion was therefore passed and adopted. Village Council Meeting Minutes October li, 1990 Page 13 ------------------------------- %III. ADJOIIRNMENT Councilmember Howell moved to adjourn the meeting. Councilmember Collings seconded the motion. The vote was: Vice Mayor Mackail - for Earl Collings - for Edward Howell - for Mayor Capretta - for the motion was therefore passed and adopted and the meeting was adjourned at 9:05 P.M. Respectfully submitted, ~~ Fran Bitters Recording Secretary Bill C. ascavelis Finance Director/Village Clerk DATE APPROVED: ~s . ~99d