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HomeMy WebLinkAboutMinutes_Regular_04/16/1992 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 AP R I L 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, April 16, 1992. The meeting was called to order at 7:00 P.M. by Mayor Earl L. Collings. A roll call was taken by the Recording Secretary, Fran Bitters. Councilmembers present were: Mayor Earl L. Collings, Vice- Mayor Edward C. Howell, William E. Burckart, Ron T. Mackail and Joseph N. Capretta. Village Officials present were: Village Manager Thomas G. Bradford, and Joann Manganiello, Village Clerk. Department Heads and Attorney Pam McNierney sitting in for Village Attorney John C. Randolph were also in attendance. 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 Village Manager Bradford asked to add an item under Item XI ANY OTHER MATTERS. Mayor Collings also asked to add an item under ANY OTHER MATTERS. Vice Mayor Howell moved to approve the Agenda as amended. Councilmember Burckart seconded the motion. The vote on the motion was: Joseph N. Capretta - for Earl L. Collings - for Ron T. Mackail - for Edward C. Howell - for William E. Burckart - for the motion was therefore passed and adopted and the Agenda was approved as amended. Recycled Paper Village Council • Meeting Minutes April 16, 1992 Page 2 ------------------------------- IV. CONSENT AGENDA All Items 1 fisted with an asterisk ( * ) are considered to be routine and will be enacted by one motion. V. APPROVAL OF MINUTES AND REPORTS *A) Community Appearance Board, February 12, 1992 *B) Code Enforcement Board, January 7, 1992 *C) Village Council Meeting, March 19, 1992 *D) Village Council Meeting, March 26, 1992 *E) Village Council Special Meeting, April 2, 1992 *F) Village Managers Report, March 23 - April 10, 1992 Vice Mayor Howell moved to approve the Consent Agenda. Councilmember Burckart seconded the motion. The vote on the motion was: • Joseph N. Capretta - for Earl L. Collings - for Ron T. Mackail - for Edward C. Howell - for William E. Burckart - for the motion was therefore passed and adopted and the Consent Agenda was approved as submitted. VI. COMMITTEE REPORTS *A) Public Works Committee Meeting, March 27, 1992: Councilmember Mackail, Chairman of the Public Works Committee, reported that Dr. Kuonen, Tequesta's Representative on the Stormwater Utility Advisory Committee to ENCON, reported to the Public Works Committee bringing them up to date on how the Village could be involved with concerns of drainage, stormwater, and preservation, becoming familiar with ENCON's endeavors in this regard, to determine the quality of water Tequesta would have and/or maintain. Dr. Kuonen gave a report on the water quality conditions. Discussion took place regarding the Tequesta Country Club septic tank situation. . It was concluded at the end of the meeting that pursuit should continue with ENCON to determine the effect of potential hazards to the water and wetlands. Village Council Meeting Minutes April 16, 1992 Page 3 ------------------------------- Vice Mayor Howell moved to approve as submitted the Public Works Committee Meeting Minutes of March 27, 1992. Councilmember Burckart seconded the motion. The vote on the motion was: Joseph N. Capretta - for Earl L. Collings - for Ron T. Mackail - for Edward C. Howell - for William E. Burckart - for the motion was therefore passed and adopted. VII. DEVELOPMENT MATTERS A) Public Hearing - Vacating and Abandonment of Certain Portions of a Drainage Easement - Eastwinds Landings. • (Staff Recommends Approval). 1) Resolution No. 13-91/92 - Vacating and Abandoning Certain Portions of a Drainage Easement on the Plat of Eastwinds Landings. Bill Hyland, Esq., representative of River Edge Development Corp., Developer of Eastwinds Landings, was seeking abandonment of a portion of the drainage easement on the water side of the subdivision. Water will no longer be diverted to the large catchment area in the back, but instead into reinforced concrete pipe which sits in a bed of crushed rock surrounded by a filter net. The drainage then will be totally underground, located within the existing utility easement. This will accommodate all residents in the subdivision. Village Manager asked that it be made certain that the utility easement would allow for drainage structures. Councilmember Burckart asked if Florida Power and Light to whom the utility easement belongs has given their approval for this drainage. It was learned that that approval has not been received. • Village Council • Meeting Minutes April 16, 1992 Page 4 ------------------------------- Attorney McNierney read Resolution No. 13-91/92 by RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF . PALM BEACH COUNTY, FLORIDA, VACATING AND ABANDONING PORTIONS OF A DRAINAGE EASEMENT ON THE PLAT OF EAS LANDING, AS RECORDED IN PLAT BOOR 62, PAGES 94 & 95, ~ RECORDS OF PALM BEACH COUNTY, FLORIDA.~~ Councilmember Mackail moved to approve the application submitted, subject to the approval of the utility easeme owners. Councilmember Capretta seconded the motion. The vo on the motion was: Joseph N. Capretta - for Earl L. Collings - for Ron T. Mackail - for Edward C. Howell - for William E. Burckart - for the motion was therefore passed and adopted. • VIII. NEW BUSINESS *A) Consideration of Re-appointment of Mayor Earl Collings to Jupiter~s Indiantown Road and Bridge Task Force. (Staff Recommends Approval). Councilmember Burckart moved that Mayor Earl L. Collings be re-appointed as Tequesta's representative to Jupiter's Indiantown Road and Bridge Task Force. Councilmember Mackail seconded the motion. The vote on the motion was: Joseph N. Capretta - for Earl L. Collings - for Ron T. Mackail - for Edward C. Howell - for William E. Burckart - for the motion was therefore passed and adopted. • • Village Council Meeting Minutes April 16, 1992 Page 5 B) Resolution No. 14-91/92 - Approving an Interlocal Agreement Between the Board of County Commissioners of Palm Beach County, Florida, and the Village of Tequesta, for the Enhancement and Maintenance of the E-9-1-1 Emergency Telephone Number System. (Staff Recommends Approval). Attorney McNierney read Resolution No. 14-91/92 by Title: ~~A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY AND THE VILLAGE OF TEQUESTA REGARDING THE ENHANCEMENT AND MAINTENANCE OF THE E-911 EMERGENCY TELEPHONE NUMBER SYSTEM.~~ Vice Mayor Howell moved to approve Resolution No. 14-91/92. Councilmember Burckart seconded the motion. The vote on the motion was: Joseph N. Capretta - for Earl L. Collings - for • Ron T. Mackail for Edward C. Howell _ for William E. Burckart - for the motion was therefore passed and adopted. C) Consideration of Approving Amendments to the Interlocal Agreement Relating to Student Assignment with the School Board of Palm Beach County. (Staff Recommends Approval). Village Manager Bradford explained that on March 4, 1992 the School Board approved the Interlocal Agreement Relating to Student Assignment which had been adopted by the Village Council, the Town of Jupiter, and Palm Beach County. However, the School Board staff has recommended that an Addendum be done simultaneously, or they would not recommend to the School Board to adopt the Agreement. The Addendum addressed 1) the pro rata share regarding liability, and 2) the community would be considered to not be in compliance with the goals of the Agreement until the racial balance target was met. The Village previously operated under the assumption there was a grace period of five years to meet those targets. The School Board, as well as the County, felt it would be easier for the Village to amend the Agreement as written (strike out unacceptable language, and make additions needed). Changes • are as follows: 1) change first effective school year to be '92-'93; 2) grace period to December 31, 1995; and 3) indemnity changed so pro rata concept is deleted. Village Council • Meeting Minutes April 16, 1992 Page 6 ------------------------------- Councilmember Burckart moved to approve the amendments to the Interlocal Agreement relating to student assignment with the School Board of Palm Beach County. Councilmember Capretta seconded the motion. The vote on the motion was: Joseph N. Capretta - for Earl L. Collings - for Ron T. Mackail - for Edward C. Howell - for William E. Burckart - for the motion was therefore passed and adopted. D) Resolution No. 15-91/92 - Supporting the Concept of AmTrak Service from Jacksonville to Miami Along the Florida East Coast Railway Corridor. (Staff Recommends Approval). • Village Manager Bradford explained that Resolution No. 15- 91/92 merely supports the Amtrak service from Jacksonville to Miami using the FEC corridor and does not designate where train stations will be located. This will help foster the possibility of Tri-Rail service to the Treasure Coast area of Palm Beach County. This will be forwarded to the Florida Department of Transportation. AmTrak is desirous of bringing that service. Attorney McNierney read Resolution No. 15-91/92 by Title: ~~A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, SUPPORTING THE CONCEPT OF AMTRAK SERVICE FROM JACKSONVILLE TO MIAMI ALONG THE FLORIDA EAST COAST RAILWAY CORRIDOR.~~ Councilmember Burckart moved to approve Resolution No. 15- 91/92. Councilmember Mackail seconded the motion. The vote on the motion was: Joseph N. Capretta - for Earl L. Collings - for Ron T. Mackail - for Edward C. Howell - for William E. Burckart - for the motion was therefore passed and adopted. Village Council • Meeting Minutes April 16, 1992 Page 7 ------------------------------- Councilmember Burckart suggested that with the transmittal to the Florida Department of Transportation, that mention be made of Tequesta's Downtown Master Plan Area and its perceived railway station location. Council concurred. E) Resolution No. 16-91/92 - Declaring Acquisition of Land for Well Sites and Water Utility Lines to be a Public Necessity; Authorizing the Employment of Necessary Experts; and Authorizing the Filing of Eminent Domain Proceedings. (staff Recommends Approval). Mayor Collings asked what is meant by authorizing employment of necessary experts, who determines whether they are necessary, and who selects the experts. Village Manager Bradford answered that the property must be appraised, in some instances needing traffic engineers, etc. The term expert also refers to attorneys to carry out the wishes of Council. Attorney John LeRoux explained the eminent domain process. Attorney McNierney read Resolution No. 16-91/92 by Title: ~'A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, DECLARING ACQUISITION OF LAND FOR WELL SITES AND WATER UTILITY LINES TO BE A PUBLIC NECESSITY; AUTHORIZING THE EMPLOYMENT OF NECESSARY EXPERTS; AND AUTHORIZING THE FILING OF EMINENT DOMAIN PROCEEDINGS.~~ Councilmember Burckart moved to approve Resolution No. 16- 91/92. Councilmember Capretta seconded the motion. The vote on the motion was: Joseph N. Capretta - for Earl L. Collings - for Ron T. Mackail - for Edward C. Howell - for William E. Burckart - for the motion was therefore passed and adopted. Village Council Meeting Minutes April 16, 1992 Page 8 IX. UNFINISHED BUSINESS A) Ordinance No. 435 - Final Reading - Amending Article II of Chapter 2.5 of the Village of Tequesta Code of Ordinances by Amending the Title; Amending the Definitions; Amending the Application Fee; Providing for Authority of the Code Enforcement Board; Prohibiting Automatic Pre-Recorded Messages to the Police Department; Providing for Severability; Providing for a Repeal of Ordinances in Conflict; Providing for Codification; Providing an Effective Date. (Staff Recommends Approval). Attorney McNierney gave the Final Reading of Ordinance No. 435. Councilmember Mackail moved to approve the Final Reading of Ordinance No. 435. Councilmember Capretta seconded the motion. The vote on the motion was: Joseph N. Capretta - for Earl L. Collings - for Ron T. Mackail - for Edward C. Howell - for William E. Burckart - for the motion was therefore passed and adopted. X. COMMUNICATIONS FROM CITIZENS Dorothy Campbell asked, as a property owner in Eastwinds Landing, if the Village Attorney would review the language of the property owners' release agreement to see that it conforms to that of the Village, regarding the abandonment of a portion of the drainage easement that was discussed earlier on this meeting's Agenda. Council explained that Village Counsel represents the interests of the Village and not those of the property owners of Eastwinds Landing. Attorney McNierney stated she would confer with Attorney Randolph, but stated further that she did feel it probably would represent a conflict of interest, and suggested the property owners seek an independent evaluation through another attorney. ~J Village Council Meeting Minutes April 16, 1992 Page 9 ------------------------------- Art Peck, new resident of Tequesta, and Treasurer for the Tequesta Pines Property Owners Association, announced his presence and offered his help to the Village Council for anything they might need. Wade Griest asked if Blockbuster Video located at Village Square shopping center was allowed to mark off parking spaces in the parking area for their customers. Scott Ladd answered that they did not have that right and Blockbuster had already been approached and asked to remove the striping they placed there. XI. ANY OTHER MATTERS A) Village Manager Bradford announced that the YMCA is interested in conducting a summer program in Tequesta which would serve the Jupiter/Tequesta area. They may be interested in doing their summer program in conjunction with Tequesta's. The YMCA program is much more comprehensive than Tequesta's and has a fee. Tequesta's program is less extensive and is free. It was suggested that Gary Preston, Parks & Recreation, meet with the Public Works Committee to discuss the possibilities further to get it on line for the summer. B) In response to the Council's request, Village Manager Bradford presented to former Mayor Capretta a plaque commending his performance of the past three years as Mayor of Tequesta. C) Mayor Collings recognized and complimented all those who caused Tequesta Fest to happen. Tequesta Fest was a substantial presentation of the Village to its residents. D) Mayor Collings announced that invitations have been sent to all 21 associations in the Village to have a preliminary meeting on May 22 at 5:00 p.m. regarding Tequesta's birthday on June 4. Village Council Meeting Minutes April 16, 1992 Page 10 ------------------------------- XIV. ADJOURNMENT Councilmember Burckart moved that the meeting be adjourned. Councilmember Capretta seconded the motion. The vote on the motion was: Joseph N. Capretta - for Earl L. Collings - for Ron T. Mackail - for Edward C. Howell - for William E. Burckart - for the motion was therefore passed and adopted and the meeting was adjourned at 8:15 p.m. ATTEST: ann Mangani o Village Clerk DATE APPROVED: ~~ 9~ Respectfully submitted, Fran Bitters Recording Secretary