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HomeMy WebLinkAboutMinutes_Regular_08/09/1990f ~~ s ~ t v ~ S •• i3 < y O f; C A 4 P7C~ COUNt+ 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 A U G U S T 9, 1 9 9 0 I. The Tequesta Village Council held a regularly scheduled meeting at the Village Hall, 357 Tequesta Drive, Tequesta, Florida, on Thursday, August 9, 1990. The meeting was called to order at 7:00 P.M. by Acting Mayor Ron T. Mackail. A roll call was taken by the Recording Secretary, Fran Bitters. Councilmembers present were: Ron T. Mackail, Edward C. Howell and William E. Burckart. Mayor Joseph N. Capretta and Earl L. Collings were on vacation. Village Officials present were: Bill C. Kascavelis, Finance Director; Thomas G. Bradford, Village Manager, Wendy Harrison, Assistant to the Village Manager, and Department Heads. Also in attendance was Village Attorney John C. Randolph. 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 needed to add a topic under item IX. ANY OTHER MATTERS. Councilmember Howell moved to approve the Agenda as amended. Councilmember Burckart seconded the motion. The vote was: William Burckart - for Edward Howell - for Ron T. Mackail - for the motion was therefore passed and the Agenda was approved as amended. • Recycled Paper Village Council Meeting Minutes August 9, 1990 Page 2 ------------------------------- IV. PUBLIC HEARING A) Consideration of Resolution No. 12-89/90 Approving a Settlement Agreement between the Village of Tequesta and the State of Florida Department of Community Affairs Resolving the Factual and Legal Dispute between the Village and the Department of Community Affairs regarding the Determination by the Department that the Comprehensive Plan Adopted by the Village on October 12, 1989 was not in compliance with F.S. 163. Village Manager Bradford explained the Village's Comprehensive Plan was not found to be acceptable by the State Department of Community Affairs (DCA). In order to avoid litigation that would be forthcoming, the Village and DCA have been working with an Agreement to solve this issue. Jack Horniman, Planning Consultant for Tequesta, and Attorney Jay Jurgens were present to give Council an overview of exactly what this document entails. • 1) Discussion of the Proposed Stipulated Settlement Agreement: Jack Horniman gave an historical profile of the situation: In April, 1989, the Village transmitted their original Comprehensive Plan to DCA under State requirements. DCA returned its objections and recommendations (112 pages) on the Plan to the Village, to which the Village needed to respond. The revised Plan was adopted, and transmitted in October, 1989. Comments were received on the revised Plan, which were felt to be inappropriate by the Village. DCA found the Plan not to be in compliance in two basic areas: 1) water conservation issues; and 2) natural resources issues (i.e, manatees, turtles, etc.). The Village's first response was submitted to DCA in March, 1990. Various comments have come back since that time. • Village Council Meetinq Minutes Auqust 9, 1990 Page 3 ------------------------------- Jay Jurgens, Esquire, of Jones, Foster, Johnston & Stubbs, P.A., discussed these responses in detail. Attorney Jurgens explained a great deal of time was spent debating and arguing with DCA; after months of negotiations, an agreement was reached. This Agreement is essentially three-part: 1) a series of procedures, legal statements, regarding what the Village will do from this point on in the process. If there are Plan amendments in support documents essential to DCA about 6-8 months from now, there will be no fines assessed against the Village under State Law; 2) Exhibit A, Notice of Non-Compliance originally sent to the Village quite some time ago; and 3) Exhibit B: proposed amendments to the Comprehensive Plan originally adopted by the Village that DCA finds acceptable. If these are formally adopted by the Village through the Comprehensive Planning process, the State would be willing to drop their lawsuit. Attorney Jurgens expounded on the details of those amendments. It was Attorney Jurgens' recommendation that Council only discuss the Agreement • at this point; approve the Resolution to transmit the Settlement Agreement, signed by Mayor Capretta and the Village Attorney, back to the State, let the Department Secretary sign and send it back, then the Village begin their normal Comprehensive Plan amendment process to implement the terms of the Settlement Agreement. This would allow the opportunity to change any of the wording if necessary before the document is finalized. John Giba, citizen of Tequesta, suggested that the Village coordinate their manatee efforts with the Jupiter Inlet District's Management Plan so as not to be redundant; and felt it was unfair of the State to consider commercial water users (i.e., restaurants) as a unit of one, since he felt their grand consumption could thwart Tequesta's conservation efforts. Blake Hooper, Tequesta citizen, felt it was unfair of the State to ask Tequesta to reduce their water consumption by half, without taking any steps to control growth. Village Council Meeting Minutes August 9, 1990 Page 4 ------------------------------- 2) Consideration of Resolution No. 12-89/90 - Approving a Settlement Agreement between the Village of Tequesta and the State of Florida Department of Community Affairs. Councilmember Burckart moved to approve Resolution No. 12-89/90. Village Attorney Randolph read the Resolution and questioned whether this Resolution should be amended since it is not the intent to approve the proposed amendments to the Comprehensive Plan. Attorney Jurgens stated the proposed amendments are being approved, but not formally adopted. Councilmember Howell seconded the motion. The vote was: William Burckart - for Edward Howell - for Ron T. Mackail - for the motion was therefore passed and adopted. r~ U V. CONSENT AGENDA All items listed with an asterisk (*) are considered routine and will be enacted by one motion. VI. APPROVAL OF MINUTES AND REPORTS *A) Community Appearance Board; July 18, 1990. *B) Village Council Workshop Meeting; July 19, 1990. *C) Village Council Workshop Meeting; July 24, 1990. *D) Village Council Meeting, July 26, 1990. *E) Village Manager's Report; July 23 - August 3, 1990. Village Council Meeting Minutes August 9, 1990 Page 5 Councilmember Burckart moved to approve the Consent Agenda as submitted. Councilmember Howell seconded the motion. The vote was: William Burckart - for Edward Howell - for Ron T. Mackail - for the motion was therefore passed and the Consent Agenda was approved as submitted. VII. COMMUNICATIONS FROM CITIZENS Jim Pilz, President, Beach Road Association, applauded the Council for their participation in the beautification of CR- 707 project, and stated it is now time to solicit assistance from State and Federal governments to attend to the medians • on Route #1, to finish the job. Mr. Pilz applauded Council on their Public Safety efforts, but suggested that no decisions be made while so many residents were away. The following numerous citizens appeared to speak regarding the Public Safety issue: Dick Hinds, felt Council was acting very responsibly on a very difficult subject; Cheryl Oworato, suggested Council poll taxpayers; Pert Towne, stated the present system is working fine and to have multi-trained men would be ludicrous; Harold Hutchinson, stated that since a Public Safety Director has been hired, it appeared Council had made up its mind regarding Public Safety; Ray Hemhauser, felt the issue should go to Referendum; Sharon Hayward, accused Council of not listening to the Consultant who was hired to do a Public Safety feasibility study and further felt Council was trying to "ram-rod" the issue through; Dan Goffi, felt the Public Safety Director had no qualifications as a Chief of Police; T.G. ~~Buzz" Woodwell, felt Public Safety was a steaming locomotive headed right for Tequesta, and the citizens should be allowed to vote on the issue; Victor Quintanilla, concurred with all who had spoken; Glenn Rloiber, suggested Public Safety be restrained for one year, eliminating from the proposed Fiscal Year Budget all funding for this project, and to show the Palm Beach County cost of services as a separate line item on the tax bill; Ann Bass, stated that Tequesta is a fine place to live and would not • want to be driven out by high taxes. Dottie Campbell, stated there will be a Referendum for the citizens of Tequesta Village Council Meeting Minutes August 9, 1990 Page 6 ------------------------------- regarding Public Safety; Kevin Larkin, stated that voting for Mayor Capretta was not a vote for Public Safety; Betty Naqey suggested the people of Tequesta be allowed to talk to the Consultant hired for the feasibility study. Other citizens who appeared but were represented by another speaker were: Lynn Quintanilla, Marion & Roland Maynard, Jim & Jean Ellis, Pauline Hutchinson, Penny McMahon, Jeanne Lofquist, Brenda Allen, Rosamond Nichols, R. Schlusemeyer, and W.J. Fredrickson. Dr. Stanley Jacobs reported that the TAVT performed a study regarding Public Safety, part of which included a survey of the citizens of Tequesta. Of those who answered the survey, 87% said "yes" to Public Safety, and 62% stated that even if it cost more to start up, Public Safety was a good route for Tequesta. Dr. Jacobs expounded to those citizens present on the values of Public Safety. Joe Yoder, also a participant in the TAVT study, reminded the audience that there were perhaps another 2000 citizens who were not present to express their feelings on Public Safety, and just maybe their general • consensus would be for a Public Safety program. It was the general consensus of the citizens in attendance that the Public Safety decision should be a referendum issue. The public felt they needed to be more informed as to exactly what Public Safety is, and to be shown how a Public Safety Department for Tequesta would be more cost effective than staying with the County. The citizens felt that since a Public Safety Director has already been hired to study the Public Safety Issue, that he would build a solid foundation for a Public Safety Department to secure his position (building a pyramid with himself at the top), and that by his hiring, Council has already made up their minds to go to Public Safety. Village Manager Bradford explained that the Public Safety Director's job is not dependent upon Public Safety. Vice-Mayor Mackail explained that the Public Safety Director was directed by Village Council to put together a scenario of different options and would not take upon himself to decide which route to take. Village Manager Bradford explained that the real pyramid is: 1) the citizens of Tequesta; 2) Village Council; 3) Village Manager; 4) Department Heads, etc. on down. • ' Village Council Meeting Minutes August 9, 1990 Page 7 ------------------------------- VIII. NEW BUSINESS A) Consideration of Agreement for funding of Water Utility Construction Items Associated with the Old Dixie Highway Improvement Project. Village Manager Bradford explained that Palm Beach County is going to widen Old Dixie Highway from Jupiter Crab Company to County Line Road, to be a five-lane highway, scheduled to commence in September 1990. The Village is required to relocate water mains which they have in the right-of-way. The Village is attempting to work in conjunction with Palm Beach County who will secure the contractor for that job. It is hoped that through the above-referenced Agreement, a relationship between the County and Tequesta will be formalized regarding the construction project, relative to utility line relocation. There are two problems with the Agreement: 1) The Village has no right to reject low bidder; and 2) payment for the work is to be received by the County up front, as opposed to being paid on a monthly basis as the work progresses. Councilmember Burckart and Vice-Mayor Mackail felt the Village should have the right to reject low bidder and that payment should be made on a draw basis with the Village signing off. Councilmember Howell moved to postpone the adoption of this Agreement and to work with the County on an amendment to the Agreement. Councilmember Burckart seconded the motion. The vote was: William Burckart - for Edward Howell - for Ron T. Mackail - for the motion was therefore passed and adopted. • ' Village Council Meeting Minutes August 9, 1990 Page 8 ------------------------------- B) Consideration of Proposal for Professional Engineering Services to Accomplish Water Utility Relocation in Conjunction with the Old Dixie Highway Improvement Project. Village Manager Bradford explained that this service would be to design the water mains to be relocated. The Village has worked recently with Reese Macon & Assoc. and they have proposed to do the above-referenced work for $5,700. Councilmember Howell moved that Reese Macon & Associates be awarded the contract for relocation of the water mains from Jupiter Crab Company to County Line Road on Old Dixie Highway. Councilmember Burckart seconded the motion. The vote was: William Burckart - for Edward Howell - for Ron T. Mackail - for the motion was therefore passed and adopted. • C) Ordinance - First Reading - Creating Potable and Irrigation Water Protection and Conservation Requirements throughout the Tequesta Water Service Area. Village Manager Bradford explained this Ordinance is brought before Council not only for DCA purposes but also for conservation purposes. This Ordinance provides that henceforth, in the Tequesta water service area, relative to new construction and major renovation, Tequesta will require the installation of low-consumption toilets, low-flow faucets and shower heads, soil tensometers on the sprinkler systems, and inspection of plumbing plans, as well as a site inspection. Councilmembers Burckart and Howell felt they would like to hold off on this Ordinance until the Comprehensive Plan is modified to allow this item to be compatible with the Comprehensive Plan. Councilmember Howell moved to table the above-referenced Ordinance to be brought back the same time as DCA's approval of the Settlement Agreement. After Attorney Jurgens explained that process would take 6-7 months, Councilmember Howell withdrew his motion. Village Council Meeting Minutes August 9, 1990 Page 9 ------------------------------- Village Attorney Randolph gave the First Reading of the above- referenced Ordinance: "AN ORDINANCE OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, CREATING POTABLE AND IRRIGATION WATER PROTECTION AND CONSERVATION REQUIREMENTS; PROVIDING FOR TITLE; PROVIDING FOR PURPOSE AND INTENT; PROVIDING FOR APPLICABILITY THROUGHOUT THE TEQUESTA WATER SERVICE AREA; PROVIDING WATER PROTECTION AND CONSERVATION REQUIREMENTS AND STANDARDS; PROVIDING REQUIREMENTS FOR PLAN REVIEW, PERMITS AND INSPECTIONS BY THE VILLAGE OF TEQUESTA; PROVIDING REQUIREMENTS FOR FEES FOR PLAN REVIEW AND INSPECTION SERVICES; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE." Attorney Randolph recommended that under Section 7, Penalties, the following language be added: Any violation may result in the revocation of any permit granted for construction or renovation defined herein. Councilmember Burckart moved that the above-referenced Ordinance be adopted on First Reading as amended. Councilmember Howell seconded the motion. The vote was: • William Burckart - for Edward Howell - for Ron T. Mackail - for the motion was therefore passed and adopted. IX. ANY OTHER MATTERS A) Councilmember Burckart stated the Village has a policy that before issuing a building permit in a subdivision, a sign-off is required by the Homeowners Association affiliated with that subdivision and suggested that puts the Village at risk and in jeopardy. He suggested that the Homeowners Association simply be notified when a contractor applies for a building permit, and that the Village cannot enforce Homeowners rules and deed restrictions. Village Council Meeting Minutes August 9, 1990 Page l0 ------------------------------- Scott Ladd, Building Official, explained that this whole process started as a voluntary, cooperative process. He further explained he would not withhold the issuance of a permit because of what a Homeowners Association does or fails to do. As long as there is no problem with Village Codes and/or Ordinances, the permit would be issued. However, when applicant seeks the permit, it is suggested to him that he should check with the Homeowners Association. Village Attorney Randolph explained it is not required that the comments from the Homeowners Association be taken into account. It can be done on a cooperative basis, but the Village cannot compel it. The problem in the past may have been there was an objection by the contractor of his plans being circulated amongst the Homeowners Association. The policy should be that builders original plans should stay at the Building Department Office. X. ADJOURNMENT Councilmember Howell moved to adjourn the meeting. Councilmember Burckart seconded the motion. The vote was: William E. Burckart - for Edward Howell - for Vice Mayor Mackail - for the motion was therefore passed and adopted and the meeting was adjourned at 10:10 P.M. Respectfully submitted, ~~~` ~~~!2~~ ~~C~~ G~~ Fran Bitters Recording Secretary Bill C. ascavelis Finance Director/Village Clerk DATE APPROVED: 3 / D