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HomeMy WebLinkAboutMinutes_Regular_08/13/1992• 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 A U G U S T 1 3 , 1 9 9 2 u I. The Tequesta Village Council held a regularly scheduled meeting at the Village Hall, 357 Tequesta Drive, Tequesta, Florida, on Thursday, August 13, 1992. The meeting was called to order at 7:20 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 Village Attorney John C. Randolph were also in attendance. II. APPROVAL OF AGENDA Councilmember Burckart asked to comment, regarding the Jupiter High School and a letter regarding the Downtown Master Plan area, under Item XII, ANY OTHER MATTERS. Village Manager Bradford recommended the deletion of Item IX. (K) since the amendment with the Town of Jupiter has not yet been finalized. 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 William E. Burckart - for Edward C. Howell - for the motion was therefore passed and adopted and the Agenda was approved as amended. • Recycled Paper village Council • Meeting Minutes August 13, 1992 Page 2 ------------------------------- III. PUBLIC HEARING 1) Special Exception Public Hearing Reviewing an Application for Special Exception Use (Accessory Pre-School Facility) Within the R-1 Single-Family Dwelling District of the Village of Tequesta by the Church of the Good Shepherd, 400 Seabrook Road: Reverend Robert S. Taylor. Scott Ladd explained that this is fairly standard at churches. The Village approved one for the Presbyterian Church 6-8 months ago. Classrooms are provided, as well as a fenced-in play yard. Application has been made to the Health Department for operation of the facility. Reverend Taylor explained the facility will be used for 20-25 students, and will operate two mornings per week. Councilmember Burckart moved to approve the special exception use for the accessory pre-school facility. Vice Mayor Howell • seconded the motion. The vote on the motion was: Joseph N. Capretta - for Earl L. Collings - for Ron T. Mackail - for William E. Burckart - for Edward C. Howell - for the motion was therefore passed and adopted. IV. 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) Board of Adjustment; June 15, 1992 *B) Code Enforcement Board; July 7, 1992 *C) Village Council Workshop Meeting; July 7, 1992 *D) Village Council Workshop Meeting; July 9, 1992 • *E) * Village i Council Meeting; July 23, 1992 F) V llage Managers Report; July 20-August 7, 1992 • Village Council Meeting Minutes August 13, 1992 Page 3 ------------------------------- Vice Mayor Howell 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 William E. Burckart - for Edward C. Howell - for the motion was therefore passed and adopted and the Consent Agenda was approved as submitted. VI. COMMITTEE REPORTS A) Finance and Administration Committee Meeting; July 14, 1992. • Village Manager Bradford reported that the above-referenced meeting was held for the purpose of complying with the instructions of the Village Council that prior to filling personnel openings in the Village the need be reviewed. The Committee felt it would be acceptable to fill the positions under discussion at this meeting, providing the filling of those positions did not impact the tax rate in any manner. Those positions were: a patrolman's position in the Police Department, left vacant by a resignation; and a resignation in the Distribution of the Water Department. It was the recommendation of the Committee that those positions be filled. Councilmember Burckart moved to approve the Finance and Administration Committee Report of July 14, 1992. Vice Mayor Howell seconded the motion. The vote on the motion was: Joseph N. Capretta - for Earl L. Collings - for Ron T. Mackail - for William E. Burckart - for Edward C. Howell - for the motion was therefore passed and adopted. . Village Council Meeting Minutes August 13, 1992 Page 4 VII. COMMENTS, KUDOS AND CAUTIONS (Mayor Earl L. Collings) A) Mayor Collings reminded everyone of the dates (September 10, and September 24) for the Final Hearings of the Budget. B) Mayor Collings complimented Chief Roderick on the new format for the weekly Police Report. C) Mayor Collings called attention to the helpful Hurricane Preparation Tips which were given in the July Village Newsletter and urged everyone to keep them at close hand. D) Mayor Collings also called attention to Amnesty Day, where up to eight tires could be disposed of by residents. This can be done at two locations in north county: at the Transfer Service, and at the Hazardous Waste Collection Center on Jog Road. • E) Mayor Collings asked Cheryl Onorato to expound on the letter response from the new Superintendent of Maintenance, Larry Zabik. Cheryl Onorato reported that, if this was not the third year of working on the issue of getting repairs done to Jupiter High School, she may have been elated at Mr. Zabik's proposal to do such repairs. One blatant ingredient missing from the promise is the funding source. Unless that funding appears as a line item, it is at risk and can be usurped by anything else which poses a need. Mrs. Onorato applauded the Council for their response and support to the Jupiter High School repair issue. However, unless the repairs appear as a line item with a time certain completion, Mrs. Onorato felt there was no stronger promise than has existed in the past three years. September 9 is the date for the Final School Board Budget. Jupiter High School will be on the School Board Agenda of September 19, to take place at 6:00 p.m. at Forest Hill Boulevard. F) Mayor Collings commented that he would like to recommend that a phrase stating "Tequesta, the cultural suburb of northern Palm Beach County" on entrance signs to • Tequesta, listing Lighthouse Gallery, South Florida Youth Ballet, and Burt Reynolds Institute for Theatre Training. • Village Council Meeting Minutes August 13, 1992 Page 5 VIII. APPOINTMENTS A) Designation of Village Council Nominee for the Countywide Intergovernmental Coordination Program Task Force Appointments. Village Manager Bradford explained that the Palm Beach County Municipal League is in the process of developing their mechanism, an intergovernmental program, for dealing with countywide issues. The planners group is asking that each city consider making some appointments from their elected bodies for consideration for the municipal appointments. The Village Council nominated William Burckart and Joseph Capretta to be considered for the above-referenced appointments. IX. NEW BUSINESS A) Resolution No. 26-91/92 - Proposing to Transmit to the • State of Florida, Department of Community Affairs, An Amendment to the Comprehensive Plan Adopted October 12, 1989, As Amended, Authorizing the Village Manager to Transmit the Plan Amendment to the Department of Community Affairs for Review Pursuant to Chapter 163, Florida Statutes. Attorney Randolph read Resolution No. 26-91/92 by Title: "A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, PURSUANT TO CHAPTER 163.3161, ET. SEQ. F.S., PROPOSING TO TRANSMIT TO THE STATE OF FLORIDA, DEPARTMENT OF COMMUNITY AFFAIRS, AN AMENDMENT TO THE COMPREHENSIVE PLAN ADOPTED OCTOBER 12, 1989, AS AMENDED, AUTHORIZING THE VILLAGE MANAGER TO TRANSMIT THE PLAN AMENDMENT TO THE DEPARTMENT OF COMMUNITY AFFAIRS FOR REVIEW PURSUANT TO CHAPTER 163, FLA. STAT." Councilmember Mackail moved to approve Resolution 26-91/92. Councilmember Capretta seconded the motion. The vote on the motion was: Joseph N. Capretta - for Earl L. Collings - for Ron T. Mackail - for William E. Burckart - for Edward C. Howell - for the motion was therefore passed and adopted. . Village Council Meeting Minutes August 13, 1992 Page 6 B) Resolution No. 27-91/92 - Approving an Agreement Between the Village of Tequesta and the Loxahatchee River Environmental Control District for Joint Project Participation in Construction of the Tequesta Drive Bridge Water Main Replacement and the Tequesta Drive Bridge Sewer Main Replacement; Authorizing the Mayor to Execute the Same on Behalf of the Village. (Staff Recommends Approval). Village Manager Bradford explained that the above-referenced Agreement spells out the responsibilities of each party in the joint project, dealing with matters in design, construction observation, liability, payment, etc., following closely the Palm Beach County joint project format used by Tequesta when it "piggy-back" the county project of widening Old Dixie Highway. The above-referenced Agreement was approved by the Encon Board at their last meeting. • Attorney Randolph read Resolution No. 27-91/92 by Title: ~~A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING THE AGREEMENT BETWEEN THE VILLAGE OF TEQUESTA AND THE LOXAHATCHEE RIVER ENVIRONMENTAL CONTROL DISTRICT FOR THE JOINT PROJECT PARTICIPATION IN CONSTRUCTION OF THE TEQUESTA DRIVE BRIDGE WATER MAIN REPLACEMENT AND THE TEQUESTA DRIVE BRIDGE SEWER MAIN REPLACEMENT WITHIN THE TEQUESTA DRIVE RIGHT-OF-WAY, VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA.~~ Councilmember Burckart moved to approve Resolution 27-91/92. Councilmember Capretta seconded the motion. The vote on the motion was: Joseph N. Capretta - for Earl L. Collings - for Ron T. Mackail - for William E. Burckart - for Edward C. Howell - for the motion was therefore passed and adopted. • Village Council Meeting Minutes August 13, 1992 Page 7 ------------------------------- C) Establishment of Village Council Priorities. (Staff Recommends Approval). Councilmember Howell stated he would like to have seen two more items on the Priority List: 1) a review process for the Village Manager position; and 2) Tequesta Park support funds from Martin County. Mayor Collings felt that this was a management policy concern as opposed to a public priority, and ought not to be on the Priority List presently under discussion. Mayor Collings felt that the items on the Priority List should appear in the following order: 1. Review regional/local fire-rescue service for Tequesta, with or without other local governments. This should involve continuing evaluation. 2. Speed progress, consider creation of an ad hoc committee • to accelerate the development of the downtown along the lines of the original concept, with lifecare facility, housing, etc., but with several new "loose" designs suggesting alternate concepts. Continue to promote all aspects. 3. Establish a long-term/short-term plan to improve and guarantee water supply and reduce water use by present and new customers. Paralleling this, determine legal ways to equitably increase rates, with some type of credit for Tequesta customers, versus Palm Beach County and Martin County residents. 4. Develop methods to increase revenues and control existing costs. No tax increase. 5. Develop Interlocal Agreement with Martin County to help defray maintenance and paving costs of Country Club Drive and Tequesta Drive which sustain increased traffic from Martin County, add also support funds from Martin County for their share of the improvements to Tequesta Park. 6. The Village should continue as a co-lateral priority to urge citizens to put pressure on the School Board on behalf of the improvements to Jupiter High School. • Councilmember Capretta stated that the priority list is good but a plan to monitor these priorities is also needed. • Village Council Meeting Minutes August 13, 1992 Page 8 Mayor Collings noted that, regarding Fire/Rescue, notice must be given to Palm Beach County by September 1 regarding any action Tequesta plans to take and suggested that a workshop take place before the next Village Council meeting in order to determine what might be done to have Tequesta Fire/Rescue Service as opposed to going with the County. Council concurred. The workshop was set for 9:00 a.m. on August 20, 1992. Councilmember Mackail felt it was necessary, with the Priority List, to set goals and priorities to be monitored by various committees to review with Staff the direction of each priority. Village Manager Bradford offered to prepare a draft outline of how to approach each priority. Council concurred. Councilmember Mackail moved that the Village Council consider the direction of the Priority List as discussed. Councilmember Burckart seconded the motion. The vote on the motion was: • Joseph N. Capretta - for Earl L. Collings - for Ron T. Mackail - for William E. Burckart - for Edward C. Howell - for the motion was therefore passed and adopted. D) Ordinance - First Reading - An Ordinance of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Annexing a Certain Parcel of Land to the Territorial Limits of the Village of Tequesta. (Staff Recommends Approval). Village Manager Bradford explained that the above-referenced Annexation Ordinance is for Lot 515, (adjacent to Constitution Park and the JTJC property), purchased by the Village. The property is located in unincorporated Palm Beach County. Staff requests a zoning classification of recreational open space. Attorney Randolph gave the First Reading of the above- referenced Ordinance. C~ • Village Council Meeting Minutes August 13, 1992 Page 9 ------------------------------- Councilmember Burckart moved to approve the above-referenced Ordinance on First Reading. Councilmember Mackail seconded the motion. The vote on the motion was: Joseph N. Capretta - for Earl L. Collings - for Ron T. Mackail - for William E. Burckart - for Edward C. Howell - for the motion was therefore passed and adopted. E) Ordinance - First Reading - An Ordinance of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Annexing a Certain Parcel of Land to the Territorial Limits of the Village of Tequesta. (Staff Recommends Approval). Scott Ladd explained that he had been working with the State • on acquiring the northern extension of Coral Cove Park. The Petition has been received back from the State of Florida, approval letters have been received from Palm Beach County, as well as a continuing Agreement with Palm Beach County. The advantage to the Village for annexing this land is that this property is contiguous to the condominiums north of this area, making annexation of those condominiums possible, as well as giving Tequesta a level of control and some public safety in the park, if and when needed. However, this would not obligate the Village to do any of the public works maintenance within Coral Cove Park. Attorney Randolph read the Ordinance: ~~AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, ANNEXING A CERTAIN PARCEL OF LAND TO THE TERRITORIAL LIMITS OF THE VILLAGE OF TEQUESTA.~~ Councilmember Mackail moved to approve the above-referenced Ordinance. Councilmember Burckart seconded the motion. The vote on the motion was: Joseph N. Capretta - for Earl L. Collings - for Ron T. Mackail - for William E. Burckart - for • Edward C. Howell - for the motion was therefore passed and adopted. • Village Council Meeting Minutes August 13, 1992 Page 10 F) Discussion of of the Village a New Article Special Taxing a Proposed Ordinance Amending Chapter 17 of Tequesta Code of Ordinances by Adding III, Creating the Tequesta Solid Waste District. Village Manager Bradford pointed out that this item is merely on the Agenda for discussion purposes, regarding comments the Village Council has made in finding some ways and means of getting garbage and recycling off the water bill to help minimize its impact. Of the many options available: 0 one is an assessment which will appear on residents' tax bills (recommended by Staff) o Nichols Sanitation could bill directly. (Not recommended by staff since this option could increase the cost to the consumer, with no guarantee of collection). G) Discussion of a Proposed Ordinance Amending Chapter 17 • of the Village of Tequesta Code of Ordinances by Adding a New Article IV, Creating the Tequesta Fire-Rescue Special Taxing District. (Staff Recommends Approval). Village Manager Bradford pointed out that this item is merely on the Agenda for discussion purposes, to bring to the attention of the Village Council something that may have to take place between now and the first of 1993. The proposal is to create a "dependant" special taxing district allowed by Florida Statutes. If Palm Beach County proceeds to begin the process of paying for F/R services through the equivalent residential unit assessment process, the County will assess (a non-ad valorem assessment) everyone within the MSTU's a set amount of monies. The County is not interested in assessing city properties, like Tequesta, which are not part of the County's MSTU. This means, if the County implements the new process, which will allegedly save Tequesta money, Tequesta must find a way to assess its residents in the same manner in order to pass the savings on. The County has a workshop scheduled in October for this issue. • Village Council . Meeting Minutes August 13, 1992 Page 11 H) Ordinance - First Reading - Adopting the 1991 Standard Building, Gas, Mechanical and Plumbing Codes and the Building Code Advisory Board Recommended Countywide Amendments to Each of These Codes. (Staff Recommends Approval). Attorney Randolph gave the First Reading of the above- referenced Ordinance: ~~AN ORDINANCE OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING SECTIONS 6-21, 6-22, 6-61, 6-62, 6-101, 6-102, 6-121 AND 6-122 OF THE VILLAGE CODE OF ORDINANCES, TO PROVIDE FOR THE ADOPTION OF THE STANDARD BUILDING CODE, 1991 EDITION, THE UNIFORM, MINIMUM COUNTYWIDE AMENDMENT TO THE STANDARD BUILDING CODE, 1991 EDITION, THE UNIFORM, MINIMUM COUNTYWIDE ADMINISTRATIVE CODE, 1991 EDITION, THE STANDARD GAS CODE, 1991 EDITION, THE UNIFORM, MINIMUM COUNTYWIDE AMENDMENT TO THE STANDARD GAS CODE, 1991 EDITION, THE STANDARD MECHANICAL CODE, 1991 EDITION, THE UNIFORM, MINIMUM COUNTYWIDE AMENDMENT TO THE STANDARD MECHANICAL CODE, . 1991 EDITION, THE STANDARD PLUMBING CODE, 1991 EDITION, THE UNIFORM, MINIMUM COUNTYWIDE AMENDMENT TO THE STANDARD PLUMBING CODE, 1991 EDITION, PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE.~~ Councilmember Mackail 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 William E. Burckart - for Edward C. Howell - for the motion was therefore passed and adopted. I) Ordinance - First Reading - Adopting By Reference the Palm Beach County Wellfield Protection Ordinance. (Staff Recommends Approval). Scott Ladd reported that this is merely an update of the Tequesta Wellfield Ordinance to follow suit with the wellfield ordinance of Palm Beach County. ~J • Village Council Meeting Minutes August 13, 1992 Page 12 Attorney Randolph gave the First Reading of the above- referenced Ordinance: ~~AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, ADOPTING BY REFERENCE, THE PALM BEACH COUNTY ~~WELLFIELD PROTECTION ORDINANCE', ORDINANCE NO. 91-29; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE." Councilmember Burckart moved to approve the above-referenced Ordinance on First Reading. Councilmember Mackail seconded the motion. The vote on the motion was: Joseph N. Capretta - for Earl L. Collings - for Ron T. Mackail - for William E. Burckart - for Edward C. Howell - for the motion was therefore passed and adopted. Though Mayor Collings voted affirmatively, he was reluctant to do so, since he felt cautious about adopting an Ordinance which was generated by the County. J) Ordinance - First Reading - Adding New Section to Chapter 5, Beaches, of the Code of Ordinances, per Comprehensive Plan Coastal Management Element Objective 1.6.0 to Do So. (Staff Recommends Approval). Scott Ladd explained that there are certain objectives and policies of the Village's Comprehensive Plan which must come on line (i.e., put together in Ordinance form and placed in the Village's various Codes). The above-referenced Ordinance, which is presently due, is for beachfront properties which receive public funds for beach re-nourishment. Stabilization and erosion projects are required to dedicate certain access easements. Councilmember Burckart stated that Beach Road Association ought to be apprised of this Ordinance. The Village Council concurred. Village Manager Bradford stated he would forward a copy of the Ordinance. • • Village Council Meeting Minutes August 13, 1992 Page 13 ------------------------------- Attorney Randolph gave the First Reading of the above- referenced Ordinance: ~~AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES OF THE VILLAGE BY ADDING NEW RESERVED SECTIONS 5-6 - 5-10, AND BY ADDING NEW SECTION 5-11; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE.~~ Councilmember Burckart moved Ordinance on First Reading. the motion. The vote on the Joseph N. Capretta Earl L. Collings Ron T. Mackail William E. Burckart Edward C. Howell the motion was therefore pas to approve the above-referenced Councilmember Capretta seconded motion was: - for - for - for - for - for sed and adopted. • R) Consideration of Ratchetinq Amendment to the Village of Tequesta Bulk Sale Water Service Agreement with the Town of Jupiter. This Item was deleted from the Agenda. X. UNFINISHED BUSINESS A) Ordinance No. 439 - Second Reading - Amending Chapter 18 of the Code of Ordinances: ~~Water~~ Article I at Section 18-3(a) so as to Amend the Minimum Monthly Service Charge; Amending Section 18-3(b), Relating to Water Rates and Charges so as to Amend Stepped Rate Thresholds and applicable Quantity Rates; Amending Section 18-3(c)(2) Relating to Fire Protection Charge. (This Ordinance was Adopted by Emergency Procedures on July 23, 1992) Staff Recommends Approval. Village Council Meeting Minutes August 13, 1992 Page 14 ------------------------------- Attorney Randolph gave the Second Reading of Ordinance No. 439. Councilmember Mackail moved to approve Ordinance No. 439 on Second Reading. Councilmember Burckart seconded the motion. The vote on the motion was: Joseph N. Capretta - for Earl L. Collings - for Ron T. Mackail - for William E. Burckart - for Edward C. Howell - for the motion was therefore passed and adopted. IX. COMMUNICATIONS FROM CITIZENS Dennis Ward, Life Guard for Palm Beach County Beach Patrol, spoke on behalf of the United States Life Saving Association, Palm Beach County Chapter, regarding the elimination of lifeguard positions, including those at Coral Cove Park in Tequesta. Mr. Ward felt the only chance to save these positions would be for Village officials and residents to put pressure on the County Commission. He further explained that the lifeguards do a remarkable job as fire/rescue, entering wet seas as opposed to a burning building, and also an extension of eyes and ears for the police. If the lifeguard positions are eliminated, there would be a savings to each county taxpayer of $.15/year per tax payer. Mayor Collings stated that the request was an appreciated and logical one and personally agreed with protesting the elimination of the lifeguard positions, and urged Council and local citizens to protest. Council concurred that a Resolution and/or a letter to the County Commissioners should be drawn up by the Village protesting the elimination of lifeguard positions. ~~ Village Council Meeting Minutes August 13, 1992 Page 15 ------------------------------- XII. ANY OTHER MATTERS There were no other matters before the Village Council. XIII. ADJOURNMENT Councilmember Mackail moved that the meeting be adjourned. Councilmember Burckart seconded the motion. The vote on the motion was: Joseph N. Capretta - for Earl L. Collings - for Ron T. Mackail - for William E. Burckart - for the motion was therefore passed and adopted and the meeting . was adjourned at 8:35 p.m. Respectfully submitted, ~„,,~. s~ Fran Bitters Recording Secretary ATTEST: J nn Manganiel Village Clerk . DATE PPROVED• /O / ~ ~