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HomeMy WebLinkAboutMinutes_Regular_02/22/1990• 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 F E B R U A R Y 2 2, 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, February 22, 1990. The meeting was called to order at 5:3U P.M. by Mayor Joseph N. Capretta. A roll call was taken by the Recording Secretary. Councilmembers present were: Mayor Joseph N. Capretta, William E. Burckart, Ron T. Mackail, and Earl L. Collings. Vice-Mayor Edward Howell was out of town. Village Officials present were: Thomas G. Bradford, Village Manager; Wendy K. Harrison, Administrative Assistant to the Village Manager; Bill C. Kascavelis, Finance Director, and Department Heads. Also • present was Village Attorney, John C. Randolph. II. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Ron T. Mackail gave the Invocation and led those in attendance to the Pledge of Allegiance to the American Flag. III. APPROVAL OF AGENDA A) Village Manager Bradford asked: 1. To discuss, under Item X. ANY OTHER MATTERS, Encon, as it relates to Country Club Drive; 2. Give the Council an annexation update; 3. Give Council an update on the Management District's response to allocation permit; and 4. To amend the Agenda to add, under (C) Resolution 8-89/90, which wi Inspector of Elections for the South Florida Water the Village's water Item IX. NEW BUSINESS, 11 amend the list of forthcoming municipal election. Village Council Meeting Minutes February 22, 1990 Page 2 ------------------------ Councilmember Collings moved to approve the Agenda as revised. Councilmember Burckart seconded that motion. The vote on the motion was: Mayor Capretta - for Earl Collings - for Ron Mackail - for William Burckart - for the motion was therefore passed and Agenda was approved as amended. IV. PUBLIC HEARING Al Proposed Landscape Ordinance No. 377 - First Reading. 1f Overview of Ordinance Village Manager Bradford explained this Landscape Ordinance was presented to Council during the summer of 1989, at which time Council had a number of suggestions. Village Staff included most of those in this new draft. The primary changes are that, previously, an approved Planting List was referred to and drafted, and also reference was made to the South Florida Water Management District Xeriscape Manual. All references to these two documents have been eliminated and instead refer to the most up-to-date South Florida Water Management District Manual which is referred to as Plant Guide II. Now, Plant Guide III is becoming available, so wherever Plant Guide II is referred to, the words "as amended" should follow. The acceptable plantings were delineated by requiring all plantings to be either very or moderately drought tolerant; plantings could not be invader species, with a hardiness zone lcold tolerance) designation, other than tropical; must be salt tolerant based upon geographic location; trees must have a medium-high wind tolerance. All these designations can be found in the South Florida Water Management District Manual "Plant Guide II". Mr. Bradford briefly reviewed Ordinance 377 with the Council. Wendy Harrison gave an overhead presentation coinciding with the Ordinance overview. Village Council Meeting Minutes February 22, 1990 Page 3 2) Village Council and Public Comment: Councilmember Collings was concerned that Section I. (2)(c)(1) of the Ordinance did not address the radius requirement for landscaping areas where two roadways intersect. Scott Ladd answered that though this is done automatically, yet there is not a specific Ordinance that addresses visibility triangles, the Subdivision Regulations are presently in the process of being amended per the requirements of the LDR's to do just that. Councilmember Burckart stated he would like to see the hedge in the planting strips reduced in height with a minimum of three (3) feet instead of four (4) feet where vehicular use areas abut adjacent land uses. It was pointed out that a four (4) foot hedge approximates the upper portion of a car hood and that a three (3) foot hedge was quite small. Council questioned the propriety of Section I.(2)(c)(2), • since it seemed impractical, and desired to see that portion amended. Council's preference was to not require, at this time, the hedge on the exterior of the wall. The last sentence was amended to read: "Additionally, a solid opaque fence and/or wall of not less than five (5) feet but not more than six (6) feet shall be required." Section I l2)ic)(4): Council agreed to delete the last sentence which reads: "Only one access way shall be allowed for each street frontage." Section I (2)(c)(10) Councilmember Collings felt this paragraph creates a hardship commercially and a very awkward parking lot. Attorney Randolph answered that non- conformities are being created in one way or the other. The hardship conflict would be addressed on the Site Plan where Council will be able to make the adjustments necessary, seeing that there is a hardship. Section I (`L)(c)(11): Council asked Village Manager Bradford to change verbage to reflect the area behind shopping centers to read "except for designated loading areas". Section I(2)(c)(14): Council requested this section be amended by the addition of a statement reading: Where these species exist, it is required that they be removed from the site and not included in site landscaping. Village Council Meeting Minutes February 22, 1990 Page-4------------------ C Section I(2)(c)(5): more definitive to systems. Attorney that. Council wanted this section to be meet requirements based on irrigation Randolph answered he would expand on Council also requested that compatibility with streetscapes apply to proposed subdivisions. Attorney Randolph stated he would incorporate that for the second reading. Mr. Randolph suggested that Council incorporate the overhead graphics that were used, into the Ordinance, since they would assist a person in looking at this Code to see what is actually allowed. 3) Ordinance Read by Title; Motion to Adopt Ordinance No. 377. Attorney Randolph gave the first reading of Ordinance No. 377 by Title: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING ORDINANCE NO. 355, THE COMPREHENSIVE ZONING ORDINANCE OF THE VILLAGE, AT SECTION X, "SUPPLEMENTAL REGULATIONS, ITEM (H) LANDSCAPING; GENERAL REQUIREMENTS;" PROVIDING OBJECTIVES, PROVIDING REGULATIONS FOR LANDSCAPING DURING RENOVATION OF EXISTING PROPERTIES; PROVIDING FOR AMORTIZATION OF NONCOFORMING AREAS; PROVIDING ADDITIONAL REGULATIONS FOR LANDSCAPING AND MAINTENANCE OF OPEN LAND USES; PROVIDING FOR ENFORCEMENT, PUBLIC HEARING ON FAILURE TO COMPLY, AND FOR A LIEN TO BE FILED AGAINST THE PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR PERFORMANCE SURETY; PROVIDING FOR THE REPEAL OF ORDINANCES OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING CODIFICATION; AND PROVIDING AN EFFECTIVE DATE." Councilmember Collings moved to approve Ordinance No. 377 on First Reading. Councilmember Burckart seconded that motion. The vote on the motion was: Mayor Capretta - for Earl Collings - for Ron Mackail - for William Burckart - for the motion was therefore passed and adopted. Village Council Meeting Minutes February 22, 1990 Page 5 V. CONSENT AGENDA: All items listed with an asterisk (~) are considered to be routine and will be enacted by one motion. Councilmember Collings moved to approve the Consent Agenda. Councilmember Burckart seconded that motion. The vote on the motion was: Mayor Capretta - for Earl Collings - for Ron Maekail - for William Burckart - for the motion was therefore passed and adopted. VI. APPROVAL OF MINUTES AND REPORTS ~A) Special Village Council Meeting; January 31, 1990 *B) Village Council Meeting; February 8, 1990 *C) Village Manager's Report; February 5 - February 16, 1990 Approved under Item V. VI. COMMUNICATIONS FROM CITIZENS BETTY JANE NAGY, of Tequesta, asked Council to postpone the hiring of the a Public Safety Director to do research for the Village to decide if the Village needed to go to a Public Safety Program. Mrs. Nagy stated there were six citizens who were willing to donate their time to do this research for the Village. VII. UNFINISHED BUSINESS A) Authorization for Staff to Expend Funds Necessary to Expand the Distribution of the Village Newsletter and to Include Said Funds Within Amendments to FY 1990 Budget for Village Council Approval. • Village Council Meeting Minutes February 22, 1990 Page 6 Village Manager Bradford reminded Council that at their last meeting the idea was brought up to expand distribution of the Village Newsletter to certain businesses and residences located outside the boundaries of Tequesta, to provide them with information relative to activities of Tequesta. Mr. Bradford now presented Council with a cost study of that endeavor. To distribute the Newsletter throughout the water service area for the remainder of this fiscal year would require Council's authorization to expend an additional $2,337. If the Newsletter was provided only to the unincorporated residents of Palm Beach and Martin Counties, it would require Council's authorization of an additional $1,740 for the remainder of this fiscal year. Councilmember Collings moved to expand the Newsletter to those business and residences in Tequesta's entire water service area, authorizing an additional $2,337 to be expended for the remainder of this fiscal year. Councilmember Burckart seconded that motion. The vote on the motion was: • Mayor Capretta - for Earl Collings - for Ron Mackail - for William Burckart - for the motion was therefore passed and adopted. IX. NEW BUSINESS Al Ordinance No. 395 - First Reading - Updating All Minimum Construction Codes Within the Village. Attorney Randolph read Ordinance No. 395 by Title: AN ORDINANCE OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING SECTIONS 6-21, 6-22, 6-61, REINSTATING 6-62, AMENDING 6-81, 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, 1988 EDITION, THE UNIFORM, MINIMUM COUNTYWIDE AMENDMENT TO THE STANDARD BUILDING CODE, 1988 EDITION, THE UNIFORM, MINIMUM COUNTYWIDE ADMINISTRATIVE CODE, 1988 EDITION AND THE STANDARD FOR THE INSTALLATION OF ROOF COVERINGS, 1988 • Village Council Meeting Minutes February 22, 1990 Page 7 ------------------------ EDITION, THE STANDARD GAS CODE, 1988 EDITION, THE UNIFORM, MINIMUM COUNTYWIDE AMENDMENT TO THE STANDARD GAS CODE, 1988 EDITION, THE STANDARD HOUSING CODE, 1988 EDITION, THE STANDARD MECHANICAL CODE, 1988 EDITION, THE UNIFORM, MINIMUM COUNTYWIDE AMENDMENT TO THE STANDARD MECHANICAL CODE, 1988 EDITION, THE STANDARD PLUMBING CODE, 1988 EDITION, THE UNIFORM, MINIMUM COUNTYWIDE AMENDMENT TO THE STANDARD PLUMBING CODE, 1988 EDITION; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. Councilmember Mackail First Reading. Coun The vote on the motion Mayor Capretta - Earl Collings - Ron Mackail - William Burckart - moved to approve Ordinance No. 395 ~ilmember Burckart seconded that motion. was: for for for for the motion was therefore passed and adopted. • B1 Ordinance No. 396 - First Reading - Amending Chapter 7 of the Code of Ordinances to Increase the Minimum Gross Parking Area of Parking Lots that Shall be Devoted to Living Landscape. Attorney Randolph read Ordinance No. 396 by Title: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 7 OF THE CODE OF ORDINANCES AT SECTION 7-6 (d1(31 RELATING TO PARKING LOTS, SO AS TO INCREASE THE MINIMUM GROSS PARKING AREA TO BE DEVOTED TO LIVING LANDSCAPING TO FIFTEEN PERCENT {15X1; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. Village Manager Bradford explained that Ordinance No. 377, just previously adopted on first reading at the Public Hearing, increases the minimum area designated for landscaping in parking lots to 15X. Within the Code of Ordinances, there is also the Community Appearance Board Section which also deals with landscaping in parking areas currently required at 10X. Ordinance No. 396 will bring that minimum to 15X to coincide with Ordinance No. 377. Mr. Bradford requested that two additional changes be • Village Council Meeting Minutes February 22, 1990 Page 8 made to Ordinance No. 396: 1) Section 1(3) "Signs designating entrances, exits, regulations, etc., are to be of a tasteful design and subject to review by the Board." amended to read "Signs designating entrances, exits, regulations, etc., in excess of two (2) square feet, are to be of a tasteful design and subject to review by the Board." and 2) Section 1i3) last sentence amended to read: "Trash, refuse and unaesthetic storage and mechanical equipment must be screened from view in accordance with Village of Tequesta requirements." Councilmember Mackail First Reading as am that motion. The vote Mayor Capretta - Earl Collings - Ron Mackail - William Burckart - moved to approve Ordinance No. 396 on ended. Councilmember Burckart seconded on the motion was: for for for for the motion was therefore passed and adopted. C1 Amending Designated Inspectors of Election: Attorney Randolph RESOLUTION OF THE FLORIDA, AMENDING PROCEDURES, DESIG LOCATION FOR THE 1990. read Resolution No. 8-89/90 by Title: A VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, RESOLUTION NO. 6-89/90 WHICH ESTABLISHED VATED ELECTION OFFICIALS AND THE POLLING MUNICIPAL ELECTION TO BE HELD MARCH 13, Village Manager Bradford reminded Council of their adoption of Resolution No. 6-89/90, which established procedures, and designated election officials, and the polling location for the municipal election to be held Tuesday, March 13, 1990. Section 2 of said Resolution designated the Inspectors of Election, etc. It is now necessary to amend Section 2 Resolution No. 6-89/90 through Resolution No. 8-89/90, providing for the same names as previously adopted, but in lieu of Suzanne Raymond, the name Mimi Ludwig will be added, who is also a designated Inspector by the Supervisor of the Elections Office. The wording has been changed in Section 2 in the event any of the named individuals are not able to serve, the Village Clerk is authorized to designate necessary • Inspectors from the Palm Beach County Supervisor of Elections List of Qualified Poll Workers. Village Council Meeting Minutes February 22, 1990 Page 9 ------------------------ Councilmember Collings moved 89/90 amending Resolution No. seconded that motion. The vote Mayor Capretta - Earl Collings - Ron Mackail - William Burckart - to approve Resolution No. 8- 6-89/90. Councilmember Mackail on the motion was: for for for for the motion was therefore passed and adopted. X. ANY OTHER MATTERS C A) Village Manager Bradford reported that Rick Dent, of Encon, did call him in response to the letter that Mr. Bradford had written, relative to the status of the review of the sewer system on Country Club Drive. Mr. Dent told Mr. Bradford that Encon is relatively sure that the system is satisfactory, and further, that there is no need to tell those to hesitate who are inquiring as to whether they should tie on to the system. Council had planned to review the Village Budget to see if the Budget would allow liberty to do as much of the landscaping of Tequesta Drive as possible to get the effect the Village is desiring. The Budget has been reviewed, and was discovered that one way to accomplish the desired landscaping of Tequesta Drive, sign to the entrance way, lighting, etc., would be to use the $60,000 originally scheduled to pave Country Club Drive. It now looks as though the sewer system on Country Club Drive is not in disarray; therefore, there would be no need to postpone paving Country Club Drive for that reason. If the landscaping of Tequesta Drive is to be done, another $60,000 will be needed to complete the task. Mr. Bradford sought Council's direction. Council unanimously concurred with their nrP~-i n>>~ ~1Pni C; ~.^ +~-. go ahead and use the ~~(1 . ~~~ Sri ~*; r~ 1 1 -. ^, , ~.'-' . -' -: :-,-, Country Cl>>h nri ~~A t~ r~m~?~ ~~-._: +4, r. -: .-~i_- . ~~ ~ r.~.•~: ~, ~: 'fir ; ~ . . • ~F'a~TP 1(\ P„ Village Manager Bradford reported he had met, at Mayor Capretta's request, with the Board of Directors for the Homeowners' Association for Broadview and with the Scrimshaw Homeowners' Association for annexation discussions. These people are extremely excited about becoming a part of Tequesta. It might behoove the Village to look at the possibility of conducting a Referendum on Annexation for everything the Village does not currently have within its boundaries east of Highway U.S. #1, including the northern Beach Road area condominiums. The cost factors are such this year that it may be such that the Village would have a favorable vote on annexation at this time. Council concurred with Mr. Bradford's suggestion. Councilmember Collings stated he would like to have a meeting the week of February 26, 1990, of the Annexation Committee to give the annexation issue an overall look. Mayor Capretta stated he had also been receiving favorable reports from residents regarding being annexed into the Village and have invited him to give a presentation to their Associations. Mayor Capretta stated he had not yet responded to those invitations, and has first asked Mr. Bradford to write a letter to County Commissioner Thom of south Martin County stating the Village would not proceed until they had received his opinion on the annexation issue. Councilmember Burckart complimented Village Manager Bradford on his handling of the annexation issue meetings. Mr. Burckart stated he had received "good reports" from many who attended those meetings, who were very impressed by Mr. Bradford. These same people asked Mr. Burckart why the sudden emphasis on annexation. Mr. Burckart's answer to them was: "We owe it to the Village Police Department who have responded quickly to calls from condos that are covered under other jurisdictions, whose response time was over an hour." Councilmember Mackail stated he also had had good reports from Associations regarding annexation. He stated another issue Scrimshaw Homeowners were impressed with was the Charrette the Village conducted and the potential upgrading of the downtown area. This Association with the Council's strong stand on the appearance of Tequesta. Mr. Mackail felt the expansion of the Newsletter area would create much more excitement regarding Village issues such as this. • Village Council Meeting Minutes February 22, 1990 Page 11 Mr. Bradford s Safety response Beach County realizing these jet ski issue) bat" for them. tated, another time, is the causing proble problems have and it's better issue, aside from the Public urbanization of northern Palm ms. These Associations are to be dealt with, (i.e., the to have a municipality "go to Mayor Capretta suggested to Chief of Police Roderick that he pass the compliment of the people of response time on to his staff at one of his next meetings, so that the staff might realize how much they are appreciated. C) South Florida Water Management District ISFWMDI Permit Application for Extra Allocation of Water for Tequesta. SFWMD was to respond to the Village's request no later than February 22, 1990. Though that response has not yet been received, Mr. Bradford stated he understood it was sent out on February 21, 1990. From what is gathered, SFWMD wants more information about many different things, primarily SFWMD claims the data provided them is inadequate and historical, there there is no present-day data available for . their review. The Village may be forced to drill some test wells to determine transmitivity and availability of water quality. Water Department Manager, Tom Hall, stated he felt if SFWMD does grant the permit, there will be a lot of strings attached. Gee & Jenson feels it is totally absurd for a utility to force a municipality to do test wells, spending all that money even before the municipality knows whether or not they will be allowed their well. Mr. Bradford stated this is holding up the Village's whole water program. DI Mayor Capretta asked Council to notice the two new houses being build on Country Club Drive, and to take specific notice of their sidewalks: they are three feet further in from the street, and approximately five inches higher than surrounding sidewalks. Building Official Scott Ladd informed Mayor Capretta that three feet further in from the street and five inches higher has been the standard since 1962. It was just deviated from with new construction. People walking down Country Club have complained about getting their feet wet, since it is true that the sidewalk is lower than the street. Mayor Capretta stated this was food for discussion at a later meeting. • Village Council Meeting Minutes February 22, 1990 • Page 12 ------------------------ E) Councilmember Collings stated he had received a complaint from a citizen stating that the turn from Tequesta Drive onto Willow Road was too sharp since the new Tequesta Drive construction, and asked if that situation had been remedied. Wendy Harrison responded that that turn did not change - the way it is now is the way it was previously. Mr. Collings stated the resident's concern was whether the finishing of the construction there would smooth out the turn, and asked Wendy Harrison to make the necessary communications with this concerned citizen. XI. ADJOURNMENT Councilmember Mackail moved to adjourn the meeting. Councilmember Collings seconded that motion. The vote on the motion was: Mayor Capretta - Earl Collings - Ron Mackail William Burckart the motion was therefore 7:00 P.M. for for for for passed and the meeting was adjourned at Respectfully submitted, J- ~~~ ~ - Fran Bitters Recording Secretary ATTEST . ~® `~'-~=~ `~f~' ~ ,~ .~, + Bill C. Kascavelis Finance Director/Village Clerk DATE APPROVED: •