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HomeMy WebLinkAboutMinutes_Regular_01/16/1992 • VILLAGE OF TEQUESTA Post Office Box 3273 357 Tequesta Drive Tequesta, Florida 33469-0273 (407j 575-6200 FAX: (407) 575-6203 V I L L A G E O V I L L A G E M E E T I N G J A N II A R Y F T E Q U E S T A C O U N C I L M I N U T E S 1 6 , 1 9 9 2 I. The Tequesta Village Council held a regularly scheduled meeting at the Village Hall, 357 Tequesta Drive, Tequesta, Florida, on Thursday, January 16, 1992. The meeting was called to order at 7:00 P.M. by Vice Mayor Ron T. Mackail. A roll call was taken by the Recording Secretary, Fran Bitters. Councilmembers present were: Vice-Mayor Ron T. Mackail, William E. Burckart, Edward C. Howell and Earl L. Collings. Mayor Joseph N. Capretta was not in attendance. Village Officials present were: Village Manager Thomas G. Bradford, Joann Manganiello, Village Clerk, and Bill Kascavelis, Finance Director. Department Heads and John C. Randolph, Village Attorney, were also in attendance. II. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Edward C. Howell gave the Invocation and led those in attendance to the Pledge of Allegiance to the American Flag. III. APPROVAL OF AGENDA Village Manager Bradford stated he would like to add under Item XI ANY OTHER MATTERS 1) an update on the proposed Tequesta Branch Library; and 2) an update on the Great American Circus. Councilmember Collings moved to approve the Agenda as amended. Councilmember Burckart seconded the motion. The vote on the motion was: Earl L. Collings - for William E. Burckart - for Ron T. Mackail - for Edward C. Howell - for • the motion was therefore passed and adopted and the Agenda was approved as amended. Reeyrled Paper • Village Council Meeting Minutes January 16, 1992 Page 2 ------------------------------- IV. CONSENT AGENDA All items listed with an asterisk (*) are considered routine and will be enacted by one motion. V. APPROVAL OF MINUTES AND REPORTS *A) Code Enforcement Board - November 19, 1991 *B) Village Council Meeting - December 19, 1991 *C) Village Managers Report - December 16-January 10, 1992 Councilmember Collings moved to approve the Consent Agenda 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 Edward C. Howell - for the motion was therefore passed and adopted and the Consent Agenda was approved as submitted. VI. COMMITTEE REPORTS A) Public Works Committee Meeting - January 13, 1992 Village Manager Bradford gave an overview of the meeting: The meeting was to discuss plans and proposals for the Tequesta Fest '92. Concerns of the Village Council last year were that earlier efforts be made for properly planning the event and that a review of the program itself come before the Council. The event has been moved up from April to March 29 from noon to 5:00 p.m.; the Public Works Committee reviewed the various proposed items. The Village contribution is $3,500, with Festival income sources from civic booths, etc. Items which need approval from Council include: 1) closing off Tequesta Drive; 2) ten signs announcing the Fest; 3) a banner over a portion of the stage facing Tequesta Drive; 4) a helium • balloon for advertising; 5) a tent for the event; and 6) erecting the stage on late Friday. Village Council Meeting Minutes January 16, 1992 Page 3 Vice Mayor Mackail asked the coverage for the event. Mr. would require all adjacent Village with a Certificate as additionally insured. Village Manager about insurance Bradford stated that the Village property owners to provide the of Insurance, naming the Village Councilmember Burckart moved to approve the Public Works Committee Meeting Minutes of January 13, 1992, that a Certificate of Insurance covering Tequesta Fest '92 be received by the Village from all adjacent property owners, naming the Village as additionally insured, and that all items requiring special permission for the event as recommended by the Public Works Committee be approved. Councilmember Collings seconded the motion. The vote on the motion was: • Earl L. Collings - for William E. Burckart - for Ron T. Mackail - for Edward C. Howell - for the motion was therefore passed and adopted VII. DEVELOPMENT MATTERS A) Authorization to Transmit Staff Recommendation Relative to Proposed Martin County Section 28 Development, Formally Rnown as ~'Northfork'~. (Staff Recommends Approval). • Village Manager Bradford explained that the Village received a letter on December 2, 1992 from Harry King, the Acting Growth Management Director of Martin County, requesting the Village to review the Request for Zoning District Change to PUD residential and Master Plan approval and the associated Land Use amendment for Section 28 (Northfork) to southern Martin County. (An overhead projection was presented displaying that area.) The traffic impact to Tequesta was a concern. Therefore, the Village secured the services of a traffic engineer to review the traffic engineering report done for Northfork and to review and report on the findings of the Development's Traffic Engineering Study, focusing on the accuracy and methodology. The Village was also interested in knowing what impact, if any, the connector road (between the Country Club Drive and County Line Road) construction would have in diverting any traffic from Country Club Drive. Village Council Meeting Minutes January 16, 1992 Page 4 Fred Schwartz, President, Traffic Engineering, Inc. reviewed his report of the traffic impact study for Northfork and how it impacts Tequesta. His analysis was that there are different requirements for Palm Beach and Martin Counties, with the key differences being traffic generation and traffic distribution. He felt the Nortfork study underestimated the volume of projected traffic, with 15% of the traffic using Country Club Drive as opposed to the County's estimated 6~. This would significantly increase the impact of traffic on Tequesta Drive and Country Club Drive. Councilmember Burckart commented that a 15% traffic increase is more than the Village desires on Country Club Drive. Councilmember Howell concurred. Councilmember Collings felt it was both significant and helpful that Martin County has requested a delay in consideration of this subject matter and reported that this issue was also a topic of discussion at the recent Council of Governments (COG) meeting. He felt since a conclusion to the issue could not be reached at this meeting, that a conglomerate meeting with the concerned groups be held to discuss the issue. Mr. Bradford stated he was recently contacted by John Palace, Developer of Northfork, who requested additional time to work with the Village and with Country Club Community Association, Country Club Point, Little Club, and any others who were concerned. Mr. Bradford stated that Mr. Palace is a concerned Developer and is desirous of taking care of all impacts on any community. Due to great differences in the traffic reports, additional time would be beneficial to allow further review of the findings and discuss the differences. Also, the Growth Management Director of Martin County has stated that Martin County could wait until the February 20 Village Council meeting for an answer from the Village. Dorothy Campbell objected to additional traffic coming through Tequesta and stated that Tequesta should be allowed to control its own destiny. Alfred DeMott concurred that an increase in traffic on Country Club Drive was unacceptable. • Village Council Meeting Minutes January 16, 1992 Page 5 ------------------------------- William Treacy was concerned about all the areas that are yet undeveloped in the Northfork area and felt that as development progresses, increased traffic is destined to impact Tequesta roads, much to his objection. His suggestion was that the Village fight this issue. Councilmember Burckart suggested that everyone vote "No" on the upcoming March Referendum to change the County Charter to prohibit Palm Beach County from having control over the destiny of municipalities. Al Levy read a written statement which he had concerning his objection to increased traffic flow through Tequesta. His concern was that it would decrease property values in the area. Vice Mayor Mackail stated that the general consensus was an objection to increased traffic on Tequesta Roads, and that the Council would direct the Manager to represent those objections • to the Developer and Martin County and that no recommendations would be acted upon until ample opportunity has been given to solidify what is best for the Village of Tequesta. William Sharpless asked if citizen's could have access to Mr. Schwartz's Report. Mr. Schwartz answered that the Report is available, except for calculation pages. Vice Mayor Mackail suggested a Public Hearing to further discuss the issue. It was Council's recommendation to direct Mr. Bradford to contact Martin County regarding the Village's concerns over this issue. Mr. Bradford stated also that Mr. Schwartz needed to work with the other traffic engineers, gathering all necessary information, and to inform the County that Tequesta is not formally responding at this time. Pat Gordon, representative for the Developer who could not be in attendance, stated that a workshop before February 20 might be a good suggestion. • • Villag@ COLtACll Meeting Minutes January 16, 1992 Page 6 ------------------------------- VIII. NEW BUSINESS • A) Introduction of New Battalion Chief, Jack Fredrickson, Palm Beach County Fire-Rescue. Chief Fredrickson stated he is a Tequesta resident with 39 years of service with Fire-Rescue and desires to provide first-rate service for his community. Because of recent budget cuts, some positions in the Fire-Rescue Department have been changed around, thereby placing him as the New Battalion Chief for this area. The Council welcomed him and wished him well. B) Resolution No. 6-91/92 Establishing Procedures Designating Election Officials and Polling Locations for the Municipal Election to be held March 10, 1992, in Conjunction with the County Presidential Preference Primary Election. (Staff Recommends Approval) Mr. Bradford explained that this is the annual elections Resolution done by the Village, setting forth the ground rules of the election. Attorney Randolph read the Resolution by Title. Councilmember Burckart moved 91/92. Councilmember Collings on the motion was: to approve Resolution No. 6- seconded the motion. The vote Earl L. Collings William E. Burckart Ron T. Mackail Edward C. Howell - for - for - for - for the motion was therefore passed and adopted • • Village Council Meeting Minutes January 16, 1992 Page 7 C) Consideration of Bid Award to Four Jays Construction of Juno Beach, Florida, in the Amount of $27,750 for the Shay Place Roadway Repair and Improvement Project. (Staff Recommends Approval). Mr. Bradford explained that Council previously agreed that the Village would take Shay Place as public right-of-way. The road needs to be repaired, with significantly lowest bid from Four Jay's Construction of Juno Beach. Two other Village jobs have been 'piggy-backed' with this one: 1) asphalt overlay of a deteriorated portion of Seabrook Road; and 2) a depression on Poplar Road in Tequesta Pines. The bid is for $900 under allocated funds for these projects. Councilmember Collings moved to award the bid for the above- referenced projects to Four Jay's Construction of Juno Beach. Councilmember Burckart seconded the motion. The vote on the motion was: Earl L. Collings - for William E. Burckart - for Ron T. Mackail - for Edward C. Howell - for the motion was therefore passed and adopted. Councilmember Burckart voiced once again his suggestion of giving preferential treatment to local contractors by giving them bid projects and suggested an Ordinance be done to reflect that. Attorney Randolph stated that if that were to be done, it would probably have to be done by Ordinance, since certain provisions would have to be made if preference was given to local contractors. Village Council • Meeting Minutes January 16, 1992 Page 8 ------------------------------- D) Authorization for Village Attorney to Initiate Foreclosure Proceedings and a Mandatory Injunction Against That Property Located at 498 Dover Road for Outstanding Code Enforcement Fines Pursuant to Code Enforcement Board Recommendation of January 7, 1992. (Staff Recommends Approval). Mr. Bradford stated that two Code Enforcement issues have been on-going regarding the above referenced property: 1) a fine for excessive accumulation of dead plant life or materials; and 2) a Building Code violation for a large illegal structure for a compost bin. In both instances, the property owners were found by the Code Enforcement Board (CEB) to be in violation and fined appropriately. As of January 2, 1992, the fines had accumulated to $31,100. Foreclosure is now an issue. The Code Enforcement Board recommends that the Village Attorney pursue the foreclosure action to attempt to collect on the lien and also recommended that the Village Council consider appropriate court action to attempt to bring the • property into compliance (the mandatory injunction route). The property owners refuse to acknowledge the fact that a problem exists. Attorney Randolph stated he had written a letter to the Village Manager explaining the various options available to the Village as well as the costs that may be involved. One of the options is to have the Village remove from the property the nuisances which exist. The hope, regarding an injunctive relief suit, would be that the Village could get a Hearing relatively quickly in front of the Court, which would involve taking experts into Court to testify that there is a public health hazard and having an adverse effect on the welfare of the residents of the Village of Tequesta. Whatever action the Village chooses, there would be no need to go down both roads (foreclosure and injunctive relief) at the same time. Each piece of litigation will be expensive. Pursuing a mandatory injunction would not preclude the Village from pursuing a foreclosure at a later time. • • Village Council Meeting Minutes January 16, 1992 Page 9 ------------------------------- Councilmember Collings moved that the Village seek a mandatory injunction against the property owners of 498 Dover Road. Councilmember Burckart seconded the motion. The vote on the motion was: Earl L. Collings - for William E. Burckart - for Ron T. Mackail - for Edward C. Howell - for the motion was therefore passed and adopted. IX. UNFINISHED BUSINESS • A) Ordinance No. 433 - Second Reading - Creating the Tequesta Police Department Off-Duty Detail Policy. (Staff Recommends Approval). Attorney Randolph gave the Second Reading of Ordinance No. 433. Mr. Bradford explained that this Ordinance was approved on First Reading on December 19, 1991. The requested modifications were made: 1) clarification that inclusion of automobile liability insurance is a required part of the automobile cost calculation; and 2) revised to clearly reflect that Tequesta off-duty police service activities are voluntary and not applicable to any overtime policies or provisions of the Collective Bargaining Agreement. Councilmember Collings moved to approve the Second Reading of Ordinance No. 433. Councilmember Burckart seconded the motion. The vote on the motion was: Earl L. Collings - for William E. Burckart - for Ron T. Mackail - for Edward C. Howell - for the motion was therefore passed and adopted. C~ • n U Village Council Meeting Minutes January 16, 1992 Page 10 %. COMMUNICATIONS FROM CITIZENS All communications from citizens subject matters. %I. ANY OTHER MATTERS were heard under other A) Village Manager Bradford - Update on Tequesta Library. The latest Site Plan done by the Engineer has been modified to allow the entrap Village Hall to be a two-way instead of one-way Engineer feels that having a point of exit adjac Blair House point of exit is a traffic hazard. Al: County's latest Site Plan required the leasing acres. Mr. Bradford stated the Plan would have reduced to the 1 acre amount. That is now being on. Branch County lce to The ent to .o, the of 1.5 to be worked B) Mr. Bradford - Great American Circus: The Great American Circus approached the Village to change their location for their presentation from County Line Plaza to Lighthouse Plaza, even though tickets have been released for the County Line Plaza event. Staff made it clear to them that would take Council approval. No response was heard from the Great American Circus at this time. Therefore, it is assumed there will be no Great American Circus taking place in Tequesta. C) Councilmember Burckart - Comments in Palm Beach Post: Mr. Burckart commented on derogatory statements concerning the Village which have appeared in the Palm Beach Post and pointed out that for many meetings the Post has had no representative at Village meetings and reminded Council and the public that any comments in the Post would merely be heresay. n ~J Village Council Meeting Minutes January 16, 1992 Page 11 ------------------------------- D) Bill Shannon - Class Action Suit Against County. Mr. Shannon stated that he had heard that a number of other municipalities in the County are discussing a Class Action Suit against the County (regarding the County having control over the destiny of municipalities) to prohibit that issue from being part of the March Referendum process. Attorney Randolph stated that there will be a meeting with all municipal attorneys at his office on Tuesday, January 21 to discuss what should be done regarding this issue. BIV. ADJOURNMENT Councilmember Collings moved to adjourn the meeting. Councilmember Burckart seconded the motion. The vote on the motion was: Earl L. Collings - for William Burckart - for Ron T. Mackail - for Edward C. Howell - for the motion was therefore passed and adopted and the meeting was adjourned at 8:40 P.M. Respectfully submitted, Fran Bitters Recording Secretary ATTEST: ann Manganie o Village Clerk • DATE APPROVED: ~' a, ao~/9g~