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HomeMy WebLinkAboutMinutes_Regular_06/18/1992~ !` VILLAGE OF TEQUESTA Post Office Box 3273 357 Tequesta Drive Tequesta, Florida 33469-0273 (407) 575-6200 FAX: (407) 575-6?03 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 J U N E 1 8, 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, June 18, 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, Ron T. Mackail and Joseph N. Capretta. Councilmember William E. Burckart was not in attendance. Village Officials present were: Village Manager Thomas G. Bradford, and Joann Manganiello, Village Clerk. Department Heads and Village Attorney John C. Randolph were also in attendance. • II. INVOCATION AND PLEDGE OF ALLEGIANCE Mayor Earl Collings gave the Invocation and led those in attendance to the Pledge of Allegiance to the American Flag. III. APPROVAL OF AGENDA Mayor Collings asked that 1) Item IV COMMENTS, KUDOS AND CAUTIONS be discussed after Item VI APPROVAL OF MINUTES AND REPORTS; and 2) that Mr. William Treacy be allowed, after Item VII DEVELOPMENT MATTERS, to give a report on the Tequesta Historical Committee. Village Manager Bradford asked to add under Item XII ANY OTHER MATTERS: 1) Palm Beach County Municipal League request for a Tequesta representative on their Legislative Committee; 2) A request for a letter to the Palm Beach County School Board regarding no funding for Jupiter High School during the upcoming Budget; and 3) to inform Village Council of a request from ENCON to piggy-back the contract for the water main project on the Tequesta Drive Bridge. • Recycled Paper • Village Council Meeting Minutes June 18, 1992 Page 2 ------------------------------- Vice Mayor Howell moved to approve the Agenda as amended. 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 the motion was therefore passed and adopted and the Agenda was approved as amended. IV. COMMENTS, RUDOS AND CAUTIONS To be considered after Item VI. APPROVAL OF MINUTES AND REPORTS. • V. CONSENT AGENDA All Items listed with an asterisk (*) are considered to be routine and will be enacted by one motion. VI. APPROVAL OF MINUTES AND REPORTS *A) Code Enforcement Board, April 7, 1992 *B) Community Appearance Board, April 22, 1992 *C) Community Appearance Board, May 6, 1992 *D) Community Appearance Board, May 20, 1992 *E) Village Council Meeting, May 21, 1992 *F) Village Managers Report, May 18-June 12, 1992 • Village Council Meeting Minutes June 18, 1992 Paqe 3 ------------------------------- Councilmember Mackail moved to approve the Consent Agenda as submitted. 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 the motion was therefore passed and adopted and the Consent Agenda was approved as submitted. IV. COMMENTS, KUDOS AND CAUTIONS o Mayor Collings gave compliments to all involved who made Tequesta's 35th Birthday Celebration so successful. • o Though water restrictions are not formal, there is a constant and continuing concern regarding the amounts of water used. Communications Awareness Network (CAN), at their June 17th meeting, expressed their concerns, as well, regarding the South Florida water situation. o The Palm Beach County Commissioners will hold a workshop meeting on July 28 in Commission Chambers regarding Fire- Rescue taxing alternative. o The Village is exploring with ENCON, ways to provide sewer connections in certain areas of the Village where septic tanks exist. o An issue promoted by the Florida League of Cities, municipalities are being asked to endorse that legislation, regarding voter control of City taxes. The Council concurred they should support that legislation. • Village Council Meeting Minutes June 18, 1992 Page 4 ------------------------------- VII. DEVELOPMENT MATTERS A) Village Council Direction Relative to Proposed Lease Agreement with Palm Beach County for Tequesta Branch Library. Relative to the Lease Agreement for the land proposed to be leased to the County for the Tequesta Branch Library for 50 years, Village Manager Bradford explained that there was an area where Council direction is needed: Section 4.01 of the Lease deals with premises, which originally stated that ~~the County shall use the premises solely and exclusively for general government purposes, including the establishing and operation of a local branch library. Lessee shall not use, permit or suffer the use of premises for any other purposes.~~ There is a question as to whether use of the premises should be allowed for anything other than a library. Options for adjusting this language are: 1. In the event the Village withdraws from the Palm Beach • County Library Taxing District, it shall purchase the library building at apre-determined depreciated schedule within a time certain or Palm Beach County may use the facility for any legal purpose. 2. In the event the Village withdraws from the Palm Beach County Library Taxing District, it shall purchase the facility at a predetermined depreciated price. 3. The County shall use the Premises solely and exclusively for general government purposes, including a library. Audrey Wolfe, Director of Facilities for Palm Beach County Library System, stated that if this Agreement is executed at the next Village Council meeting, it would then appear on the agenda for the July 28 County Commissioner's Meeting, with a construction start date approximately three months hence. Councilmember Mackail moved to approve the consideration of option 2. 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 the motion was therefore passed and adopted. • Village Council Meeting Minutes June 18, 1992 Page 5 William Treacy, reporting on the ad hoc Historical Committee, stated the Committee has held two meetings to date. It was determined that the Committee will be named "The Tequesta Historical Committee". Fifteen people volunteered to serve on the committee. Nine were chosen to serve a rotating term of office, with 2/3 on at all time, with 1/3 to run each year. The Committee has discussed the possibility of a display of artifacts regarding Tequesta's history to be placed at the Tequesta Branch Library. A recommendation to Village Council regarding the appointment of the standing committee will take place at the next Village Council Meeting. VIII. APPOINTMENTS *A) Consideration of Appointment of Edwin J. Nelson as a Regular Member of the Board of Adjustment Effective July 1, 1992, Filling the Unexpired Term of John Turner who has Resigned. (Staff Recommends Approval). Approved under the Consent Agenda. IX. NEW BUSINESS A) Ordinance - First Reading - Amending Chapter VII of the Code of Ordinances of the Village of Tequesta, Relating to the Community Appearance Board, so as to Include a New Section 7-7 Creating an Official Tree Board of the Village of Tequesta. (Staff Recommends Approval). Village Manager Bradford explained that in order for Tequesta to have a successful application and be designated a "Tree City USA", it is recommended that the Village Council designate the Community Appearance Board as the official Tree Board of the Village. The Community Appearance Board has been informed as to what their involvement and responsibilities would entail, and agreed to serve as the Tree Board. The designation of a Tree Board must be done by Ordinance. Attorney Randolph gave the First Reading of the Ordinance by Title: "AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING CHAPTER 7 OF THE CODE OF ORDINANCES OF THE VILLAGE OF TEQUESTA, RELATING TO THE COMMUNITY APPEARANCE BOARD, SO AS TO INCLUDE A NEW SECTION 7- 7 CREATING AN OFFICIAL TREE BOARD OF THE VILLAGE OF TEQUESTA; PROVIDING FOR POWERS AND DUTIES OF SAID BOARD; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE.' • Village Council Meeting Minutes June 18, 1992 Page 6 ------------------------------- Councilmember Mackail moved to approve the First Reading of the above-referenced Ordinance. 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 the motion was therefore passed and adopted. *B) Consideration of Authorizing Village Manager Execution of a Hold Harmless, Removal and Perpetual Maintenance Agreement, All with Palm Beach County as a Condition to the Issuance of a Right-of-Way Permit for the Tequesta Entrance Sign Project Located at U.S. Highway One and Beach Road. (Staff Recommends Approval). Approved under the Consent Agenda. C) Consideration of Appointment of One Representative and One Alternate Representative to the Northern Area Mutual Aid Consortium Coordinating Council. (Staff Recommends Approval). Village Manager Bradford explained that Council has previously adopted the NAMAC Agreement. The Agreement created a coordinating council to which each jurisdiction has to appoint one representative and one alternate representative. Another requirement is that the representatives be either an elected official or management personnel of the member jurisdiction. Councilmember Mackail moved that the Chairman of the Public Safety Committee (William E. Burckart) serve as the representative and Co-Chairman (Joseph N. Capretta) serve as alternate representative. Vice Mayor Howell 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 the motion was therefore passed and adopted. • Village Council Meeting Minutes June 18, 1992 Page 7 D) Ordinance - First Reading - Providing for the Repeal of Section 13-13 of the Code of Ordinances to Eliminate the Prohibition Against the Sounding of Train Horns Between the Hours of 10:00 P.M. and 6:00 A.M. (Staff Recommends Approval). Village Manager Bradford explained that the State law says there can no longer be a ban on train horns unless specified stringent measures are taken, which could cost the Village $140,000. These measures would make it virtually impossible for anyone, within a vehicle of any sort, to cross through the rail crossing when the gates are down. When State requirements are met, a whistle ban is possible. Attorney Randolph gave the First Reading of the Ordinance by Title: "AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, PROVIDING FOR THE REPEAL OF SECTION 13-13 OF THE CODE OF ORDINANCES, TO ELIMINATE THE PROHIBITION AGAINST THE SOUNDING OF TRAIN HORNS • BETWEEN THE HOURS OF 10:00 P.M. AND 6:00 A.M.; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE." Vice Mayor Howell moved to approve the above-referenced Ordinance on First Reading. 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 the motion was therefore passed and adopted. E) Consideration of Bid Award to the Second Lowest Bidder, Chaz Equipment, Inc., of Delray Beach, Florida, in the Amount of $279, 549 for the Well 24 Equipment and Pipeline Project. (Staff Recommends Approval). Tom Hall explained bids were opened on May 28. Bidders had one week to submit their qualifications to Tequesta's consultant, Reese, Macon and Associates, Inc., for review. Bids were received from four bidders: ~J • Village Council Meeting Minutes June 18, 1992 Page 8 ------------------------------- o Underground Industries, Inc ................$263,665 o Chaz Equipment Company, Inc ................$279,549 o Florida Design Irrigation ..................$287,768 o Metra Industries, Inc ......................$297 195 After reviewing the bid documents, the consultant recommended the second lowest bidder for the job, since discrepancies were found in the bid documents of the lowest bidder. Those discrepancies involved: - The proposal form was not executed or dated; - Blanks on the proposal form which indicate the pump to be supplied by the well were not properly completed. - Blanks indicating subcontractors to be used were not fully completed. - The form was not submitted in duplicate, as required. Attorney Randolph stated that since a requirement of the bid • document was to name subcontractors, one could be considered an unresponsive bidder if those subcontractors are not named, therefore possibly disqualifying that one as lowest bidder. Councilmember Mackail moved to approve the bid award to Chaz Equipment, Inc., of Delray Beach, Florida, in the amount of $279,549 for the Well 24 Equipment and Pipeline Project. Vice Mayor Howell 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 the motion was therefore passed and adopted. Bernie Vito of Underground Industries, Inc. contested the contract award to Chaz Equipment Company, since he felt Underground Industries was the qualified lowest bidder. It was Mr. Vito's position that Underground Industries, Inc. was more than qualified to handle the above-referenced project. • Village Council Meeting Minutes June 18, 1992 Page 9 F) Consideration of Town of Jupiter Bulk Rate Water Increase. (Staff Recommends Approval). Attorney Randolph reported on the outcome of the Public Rate Hearing held in Jupiter on June 16: Prior to the Public Hearing the Village Attorney, Village Manager, and Village consultant, Mike Rocca of Gee & Jenson, met with representatives of Jupiter's water department. It was discussed at that time, based upon the formula set forth in Tequesta's contract with Jupiter, the water rate of $1.19 arrived at by Jupiter's consultant, Diversified Utility Services (DUS). Tequesta consultants, using the same formula, arrived at nearly the same rate. DUS recommended to the Jupiter Commission that the $1.19 be converted to $1.22, since $1.22/1000 gallon is the commodity rate paid by Jupiter residents. The $1.22 rate includes indexing. Jupiter felt there was no reason for a difference in pricing between retail and bulk water services. • To attempt to equalize this differentiation, Tequesta has asked Jupiter for an amendment to the contract currently in effect, doing away with the ratcheting provision. Jupiter agreed to that change. Village Manager Bradford stated that 1) Staff requires authorization from Council for Staff to continue negotiating with Jupiter staff relative to the rate issue; 2) and authority to explore surcharge, capital, step rates, debt services, etc. Council concurred and gave such authority and direction to staff. G) Consideration of Adoption of Village Council Priorities for the Ensuing Year. (Staff Recommends Approval). Village Manager Bradford explained that a list of priorities has been established by the Village Council. Councilmember Howell felt a time limit ought to be placed on each priority. Mayor Collings felt it was impossible to place timeframes on these priorities, and suggested further that the list be edited and refined even further and resubmitted to the Village Council. • • Village Council Meeting Minutes June 18, 1992 Page 10 ------------------------------- *H) Consideration of Lighthouse Gallery Request to Utilize Gallery Square North Parking Lot, Close Tequesta Dive from Venue Avenue, west to Seabrook Road for Advertisement Purposes, including in Front of Village Hall for the 29th Annual Arts & Crafts Festival on Sunday, November 22, 1992. (Staff Recommends Approval). Covered under the Consent Agenda. X. UNFINISHED BUSINESS A) Ordinance No. 436 - Second Reading - Amending Chapter 13.1, Article V of the Code of Ordinances of the Village of Tequesta Concerning Water Protection and Conservation. (Staff Recommends Approval). Attorney Randolph gave the Second Reading of Ordinance No. 436 by Title. Village Manager Bradford explained that the passing • of this Ordinance makes it illegal to utilize an irrigation system between 9:00 A.M. and 5:00 P.M. of any day, and will help manage demands on the water system. Councilmember Mackail moved to approve the Second Reading of Ordinance No. 436. Vice Mayor Howell 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 the motion was therefore passed and adopted. XI. COMMUNICATIONS FROM CITIZENS Betty Naqey stated she was disturbed to see that Carlton Stoddard is once again writing letters to local papers, posing as a spokesman for Tequesta, and stating the position of Tequesta residents on certain issues. Mrs. Nagey felt Tequesta issues should be voiced and decided at Village Council meetings, not through one individual resident. .~ . Village Council Meeting Minutes June 18, 1992 Page 11 Mary Seay commented on the success of the 35th Tequesta Birthday celebration. She announced that plans are now being made for next year's Tequesta Fest. Such plans include having more craft booths than previous festivals, a water conservation demonstration, etc. Hal Hutchinson also complained that at a recent County Commission meeting which had a Fire/Rescue Agenda item, one Tequesta resident was self-appointed as a voice for the Village overall to which Mr. Hutchinson objected. Wade Griest gave an overview and update of the ongoing problem property located next door to his property. Mr. Griest pointed out his disappointment in the Village regarding their negligence regarding enforcing local Codes and Ordinances and its reluctance in their follow-up on an Injunctive Relief Order which should have been resolved the first part of 1992. Upon investigation, Mr. Griest discovered no action has taken place on this case since January 2, 1992. Mr. Griest pointed • out that the present case has been on-going for a year, while other similar cases in the Village were resolved without delay and in a timely manner. Alfred DeMott, representative of a Jupiter/Tequesta Board of Realtors Subcommittee, commented on the ill repair of the Jupiter High School and pointed out that the Palm Beach County School Board has no repair monies allotted in their Budget. Mr. DeMott urged the Village Council to make a formal complaint to the School Board. Mayor Collings concurred, agreed that Tequesta is deeply concerned about this situation, and stated Village Staff will formalize a communication to the School Board. XI. ANY OTHER MATTERS o Village Manager Bradford explained he had been contacted by the Executive Director of the Palm Beach County Municipal League (Jack Horniman) requesting that Tequesta provide a Village Council representative to the Legislative Committee to review legislative actions being proposed in Tallahassee. The next meeting will be held on June 24 at 10:30 a.m. in Royal Palm Beach. Village Council Meeting Minutes June 18, 1992 Page 12 o Village Manager Bradford stated that since Mr. DeMott voiced the concerns regarding the Palm Beach County School Board's Budget and repairs to Jupiter High School there would be no need for him to repeat the issue. o Councilmember Capretta asked the Village Manager to brief him on the status of the Countywide Planning issue which was recently defeated through Referendum. o Village Manager Bradford reported he had been contacted by ENCON Executive Director, asking for permission to piggy-back onto Tequesta's contract for water main replacement at the Tequesta Drive Bridge. ENCON wishes to completely replace their sewer main, which is located on the south side of the bridge, at the same time as the bridge repair. Village staff recommends approval. Council approved the "piggy-back". XIV. ADJOURNMENT • Council Mackail 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 the motion was therefore passed and adopted and the meeting was adjourned at 9:00 p.m. Respectfully submitted, Fran Bitters Recording Secretary ATTEST: ann Manganie~ o Village Clerk DATE APPROVED: • a-3 , i ~' 9 aL