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HomeMy WebLinkAboutMinutes_Regular_11/21/1991~~ VILLAGE 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 L A G E C O U N C I L M E E T I N G M I N U T E S N O V E M B E R 2 1, 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, November 21, 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, William E. Burckart and Earl L. Collings. Edward C. Howell was not in attendance. Village Officials present were: Village Manager Thomas G. Bradford, Joann Manganiello, Village Clerk and Assistant to Village Manager, and Bill Kascavelis, Finance Director. Department Heads and John C. Randolph, Village Attorney, were also in attendance. C~ II. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember William E. Burckart gave the Invocation and led those in attendance to the Pledge of Allegiance to the American Flag. III. APPROVAL OF AGENDA Councilmember Burckart stated he would like to add under Item XI ANY OTHER MATTERS an announcement regarding a Metamorphosis Meeting. Village Manager Bradford asked to add under Item VIII (D) a Petition for Administrative Hearing and a number of items under ANY OTHER MATTERS. Recycled Paper • Village Council Meeting Minutes November 21, 1991 Page 2 ------------------------------- Councilmember Burckart moved to approve the Agenda as amended. Councilmember Collings seconded the motion. The vote on the motion was: Earl L. Collings - for William E. Burckart - for Ron T. Mackail - for Joseph N. Capretta - for the motion was therefore passed and adopted and the Agenda was approved as amended. IV. CONSENT AGENDA All items listed with an asterisk (*) are considered routine and will be enacted by one motion. ~J V. APPROVAL OF MINUTES AND REPORTS *A) Board of Adjustment - September 16, 1991 *B) Community Appearance Board - September 25, 1991 *C) Community Appearance Board - October 16, 1991 *D) Village Council Meeting - October 17, 1991 *E) Village Managers Report - October 14-November 15, 1991 • . Village Council Meeting Minutes November 21, 1991 Page 3 ------------------------------- Councilmember Burckart moved to approve the Consent Agenda as submitted. Vice Mayor Mackail seconded the motion. The vote on the motion was: Earl L. Collings William E. Burckart Ron T. Mackail Joseph N. Capretta the motion was therefore passed Agenda was approved as submitted. VI. COMMITTEE REPORTS - for - for - for - for and adopted and the Consent A) Finance and Administration Committee Meeting - October 21, 1991. • Village Manager Bradford gave a brief overview of the Finance & Administration Committee Meeting: There was a review of a proposed Newsrack Ordinance. Palm Beach Post representatives at that meeting stated they were willing to negotiate any matters with the Village. No resolution of that issue was reached. Three other proposed Ordinances were discussed at that meeting which are on this evening's Village Council Meeting Agenda. Vice Mayor Mackail moved to approve the Finance and Administration Committee Meeting Minutes of October 21, 1991 as submitted. Councilmember Burckart seconded the motion. The vote on the motion was: Earl L. Collings - for William E. Burckart - for Ron T. Mackail - for Joseph N. Capretta - for the motion was therefore passed and adopted and the Minutes were approved as submitted. Village Council Meeting Minutes November 21, 1991 Page 4 ------------------------------- VII. APPOINTMENTS A) Consideration of Two (2) Appointments t Appearance Board as the Unexpired Terms Nielson. o the Community Alternate Members in Order to Fill of Mrs. Lou Ann Hinds and Mrs. Marcia Mr. Bradford explained that Mrs. Hinds has relocated to the Tampa area and that Mrs . Nielson has re-entered the job market full-time. The most recent Village Newsletter carried a notification to anyone who would care to submit an application to fill either of these appointments. The following five applications were received: 1) Bernadette Elsaesser; 2) William H. Grafe, Jr.; 3) Charles L. Kluck; 4) Molly M. McCormick; and 5) Peter Pallatto. Councilmember Collings moved to appoint Molly McCormick as alternate to the unexpired term ending April 12, 1992 and • Peter Pallatto as alternate to the unexpired term ending October 11, 1992. Councilmember Burckart seconded the motion. The vote on the motion was: Earl L. Collings - for William E. Burckart - for Ron T. Mackail - for Joseph N. Capretta - for the motion was therefore passed and adopted. VIII. NEW BUSINESS A) Ordinance - First Reading - Amending Section 10-18 of the Code of Ordinances Relating to Unlawful Growth. (Staff Recommends Approval). Village Manager Bradford explained that the original Ordinance consists of two paragraphs which contain a number of statements which are felt to be unclear as to their intent. Therefore, the sole purpose of the above-referenced Ordinance is to break down those previous two paragraphs into five different subsections, with each subsection dealing with a • specific aspect of the unlawful growth issue. Village Council Meeting Minutes November 21, 1991 Page 5 Councilmember Burckart asked how Section 10-18 (d) applies to lands which are environmentally sensitive. Scott Ladd answered that environmentally sensitive lands were protected under other Village Ordinances. Much discussion continued regarding the "Unlawful Growth" Ordinance. Councilmember Collings moved to approve the above-referenced Ordinance, with the exception that environmentally sensitive lands be dealt with as referred to in the Environmentally Sensitive Lands Ordinance. Councilmember Burckart seconded the motion. Attorney Randolph read the Ordinance by Title: "AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING SECTION 10-18 OF THE CODE OF ORDINANCES RELATING TO UNLAWFUL GROWTH; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE." The vote on the motion was: Earl L. Collings - for William E. Burckart - for Ron T. Mackail - for Joseph N. Capretta - for the motion was therefore passed and adopted. B) Ordinance - First Reading - Amending Chapter 10 of the Code of Ordinances Relating to Health and Sanitation, by Creating Section 10-26 to Prohibit Overhanging Limbs or Branches; Creating Section 10-27 to Prohibit Vegetation From Growing Upon and Impeding Public Rights-of-Way, Permitting the Village to Remove Such Impediments and Providing for the Placement of Liens; Creating Section 10-28 to Require Clearance Above Sidewalks, Bike Trails and Roadways. (Staff Recommends Approval). Councilmember Burckart felt the Village would be placing itself in a position of liability if the Village trimmed a Coconut Tree which later died. • • Village Council Meeting Minutes November 21, 1991 Page 6 Councilmember Collings moved to approve the Ordinance, deleting Section 1 which refers to trimming of Coconut Trees. Councilmember Burckart seconded the motion. Attorney Randolph read the Ordinance by Title: ~~AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING CHAPTER 10 OF THE CODE OF ORDINANCES RELATING TO HEALTH AND SANITATION, BY CREATING SECTION 10-26 TO PROHIBIT VEGETATION FROM GROWING UPON AND IMPEDING PUBLIC RIGHTS-OF- WAY, PERMITTING THE VILLAGE TO REMOVE SUCH IMPEDIMENTS AND PROVIDING FOR THE PLACEMENT OF LIENS; CREATING SECTION 10-27 TO PROHIBIT OVERHANGING LIMBS OR BRANCHES; CREATING 10-28 TO REQUIRE CLEARANCE ABOVE SIDEWALKS, BIKE TRAILS AND ROADWAYS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE~~ . The vote on the motion was: Earl L. Collings - for William E. Burckart - for Ron T. Mackail - for Joseph N. Capretta - for the motion was therefore passed and adopted. C) Ordinance - First Reading - Amending Chapter 10 of the Code of Ordinances Relating to Health and Sanitation, By Creating Section 10-29 Providing for the Regulation of Composting. (Staff Recommends Approval). Attorney Randolph read the Ordinance by Title: ~~AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING CHAPTER 10 OF THE CODE OF ORDINANCES RELATING TO HEALTH AND SANITATION, BY CREATING SECTION 10-29 PROVIDING FOR THE REGULATION OF COMPOSTING; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE.~~ C1 village Council Meeting Minutes November 21, 1991 Page 7 Councilmember Collings asked what direction or indirection this Ordinance gives to a homeowner relative to disposing of lawn trimmings. Village Manager Bradford answered that the Ordinance gives neither direction nor indirection, but provides for a compost bin in the manner stated if the homeowner is inclined to composting. Mayor Capretta commented that the Solid Waste Authority leans more towards encouraging mulching as opposed to composting. Mr. Bradford suggested that the Ordinance be clarified to meet the setback requirements of Village Codes. Attorney Randolph suggested adding to Section 1(a)(3): gat least ten feet from any adjacent property. Mayor Capretta stated that merely a referral to Village setback rules should be sufficient. Vice Mayor Mackail moved to table the Ordinance for further discussion. Councilmember Burckart seconded the motion. The vote on the motion was: Earl L. Collings = for William E. Burckart for Ron T. Mackail - for Joseph N. Capretta - for the motion was therefore was tabled for further discussion. D) Resolution No. 1-91/92 - Authorizing an Acquisition of Certain Easement Rights for Location of Underground Utilities on State Lands. (Staff Recommends Approval). Village Manager Bradford explained that the Village is in the process of securing sites etc. associated with wells 25, 26 and 27 on the western peninsulas of the Tequesta area. The plan is to loop the raw water main that would serve these three wells by a northern route through southern Martin County just north of the entrance to Heritage Oaks, and thereafter generally following County Line Road to the Water Treatment Plant. This route necessitates an easement from the State of Florida Department of Natural Resources (DNR) and the Boy Scouts in order for this water main to traverse their land. Tequesta needs to submit to DNR a Resolution passed by the municipality, and ultimately an appraisal of the value of the easement, and payment of a fee equal to the value of the easement which is subject to possible waiver by the State. Resolution No. 1-91/92 accomplishes that. • Village Council Meeting Minutes November 21, 1991 Page 8 Attorney Randolph read Resolution No. 1-91/92. Councilmember Burckart moved to approve Resolution No. 1- 91/92. Councilmember Collings seconded the motion. The vote on the motion was: Earl L. Collings - for William E. Burckart - for Ron T. Mackail - for Joseph N. Capretta - for the motion was therefore passed and adopted. 1) Village Manager Bradford explained that a Petition for Administrative Hearing, regarding the above- referenced project, was necessary. He stated that the Village has received its Permits for all of the wells from DER. These permits have general and special conditions. On one of the special conditions, DER has • required that prior to the wells becoming operational, the Village must show them that it has fixed auxiliary emergency generators able to provide 50% of the water supply Tequesta needs to operate its water plant. The rule clearly states that applicant has the option of portable or fixed generators. The Village has a $30,000 portable emergency generator which it uses to meet that requirement. Even when the proposed wells all come on line and are fully operational at maximum capacity, the current portable generator will exceed State requirements. If the Village is forced to comply with the fixed auxiliary emergency generator requirement, the Village would have to go back to the sites to provide fixed emergency generators to meet the 50% requirement, (i.e. provide enough raw water to be able to operate the plant at 50% capacity, not counting Jupiter water). It is possible for the Village to file a Petition for Administrative Hearing stating that this is arbitrary and capricious, since the rule does not even state that this has to be done. Mr. Bradford feels the DER is trying to make a test case out of the Village so that the rule would be interpreted in this manner. The Village Council concurred that a Petition for . Administrative Hearing should be submitted and that every means possible should be taken to fight this issue. L~ Village Council Meeting Minutes November 21, 1991 Page 9 *E) Consideration of Approving Purchase of Dictaphone E-911 Recording Equipment in the Amount of $22,583.20, the Cost of Which is to be Reimbursed by Palm Beach County Pursuant to the Tequesta and Palm Beach County Interlocal Agreement for Acquisition and Reimbursement of E-911 Equipment. (Staff Recommends Approval). F) Resolution No. 2-91/92 - Requesting the 1992 Florida Legislature to Provide Adequate Funding for the Preservation and Repair of the Status Beaches, and to Identify a Long-Term Dedicated Funding Source. (Staff Recommends Approval). • Mayor Capretta informed those in attendance that if it had not been for the program implemented 2-3 years ago by the Beaches & Shores Committee to put in, at Coral Cove Park, a dune with sea oats and sea grapes to inhibit beach erosion, recent storms would have not only destroyed the beach, as it did in other locations of Palm Beach County, but would have taken Beach Road with it, as well. Attorney Randolph read Resolution No. 2-91/92. Councilmember Burckart moved to approve Resolution No. 2- 91/92. Councilmember Collings seconded the motion. The vote on the motion was: Earl L. Collings - for William E. Burckart - for Ron T. Mackail - for Joseph N. Capretta - for the motion was therefore passed and adopted. • village Council Meeting Minutes November 21, 1991 Page 10 ------------------------------- IX. UNFINISHED BUSINESS A) Shay Place Road Repair Project - Direction From Village Council Relative to Proceeding with the Project and Review/Approval of Associated Legal Documents Including: 1) Title Commitment 2) Easement Agreement 3) Non-Disturbance Agreement 4) Quit-Claim of Mortgage 5) Right-of-Way Warranty Deed Attorney Randolph stated that much correspondence has been circulated between Attorney V. Donald Hilley, Counsel representing Shay Place, and himself. Village Council previously indicated that the project should go forward as long as all legal requirements were met. Attorney Hilley diligently, and over a long period of time, provided all documentation requested by Attorney Randolph, with the exception of certain Mortgagees who had not joined in the conveyance. Attorney Hilley stated that the last remaining question appears to be the issue of certain exceptions to the Title insurance policy. He stated further that the Title insurance policy which the unit owners will be giving to the Village will not contain any exceptions for interests of Mortgagees. Attorney Randolph stated that, with that representation, he was satisfied and suggested that Mr. Bradford be given direction to proceed. Councilmember Burckart moved that the Village Manager be directed to proceed with the Shay Place Project. Councilmember Collings seconded the motion. The vote on the motion was: Earl L. Collings - for William E. Burckart - for Ron T. Mackail - for Joseph N. Capretta - for the motion was therefore passed and adopted. Village Council Meeting Minutes November 21, 1991 Page 11 ------------------------------- X. COMMUNICATIONS FROM CITIZENS Wade Griest questioned why two of three properties found in violation of Village Codes had been resolved, yet the third property (located on Dover Road adjacent to Mr. Griest's property) has remained unresolved for an extended period of time. Attorney Randolph stated that while he was not certain exactly what the other two property violations actually were, they were presumably violations which could readily be remedied and ones which had no objections. The particular Dover Road case in question has not been as easy to resolve as merely a lawn-mowing situation. The Village has been threatened with lawsuits concerning this property and is therefore presently studying the situation to determine which alternative for resolution is best for them to choose. • XI. ANY OTHER MATTERS A) Village Manager Bradford announced a Metamorphosis Busing Forum scheduled for December 5 at the Jupiter Activity Building at 7:00 p.m. regarding the probability of the Palm Beach County School Board imposing new busing requirements regarding Tequesta students which would preclude Tequesta children from attending neighborhood schools, with a chance of being bused up to a 45-minute travel time. There is an active pursuit of community integration through an interlocal agreement with the School Board. This Forum will discuss this issue. Mr. Bradford suggested that not only should the Village Council be present at that meeting, but that the president of each Homeowners Association and Condominium Association be notified. Council concurred and appointed Councilmember Burckart as the spokesman for the Village Council. B) Mr. Bradford reminded the Village Council that in December they must vote on keeping or sunsetting the Planning Council for Palm Beach County. C) Mr. Bradford reminded the Village Council of the Chamber of Commerce Economic Summit on December 3 at 7:30 a.m. at the Chamber of Commerce building. Village Council Meeting Minutes November 21, 1991 Page 12 ------------------------------- D) Mr. Bradford stated he had spoken with Dr. Ernest Kuonen, Tequesta's representative for the Stormwater Utility of ENCON, who reported that ENCON appears to be backing off from their pursuit of a comprhensive Stormwater Utility and are only going to concentrate on central planning, standards for the river, education function and mapping for the whole are. Dr. Kuonen is amenable to coming to either a Committee Meeting or Council Meeting to report after the first of the new year. XIV. ADJOURNMENT Vice Mayor Mackail moved to adjourn the meeting. Councilmember Collings seconded the motion. The vote on the motion was: Earl L. Collings - for • William Burckart _ for Ron T. Mackail for Joseph N. Capretta - for the motion was therefore passed and adopted and the meeting was adjourned at 8:50 P.M. Respectfully submitted, ~- Fran Bitters Recording Secretary ATTEST: J nn Manganie Village Clerk DATE APPROVED: ~- /9 /f~/ • • ~, Ci VILLAGE OF TEQUESTA ~ C'u e L /y~tlErn~Q2 0?l l9'91 P LEAS E P R = NT Name ~ aa_,. C / ~S ~ i ~ li `' ... ~°° ~ Sub -ect °~ l /Jr3l t..+C ~ / Z 4 (~, ~ Z ~'. i