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HomeMy WebLinkAboutMinutes_Regular_02/08/1990 VILLAGE OF TEQUESTA Post Office Box 3273 • 357 Tequesta Drive Tequesta, Florida 33469-0273 • (407) 575-6200 FAX: (407) 575-6203 v t V L F ~.r r, y r 1 n b! y r G E C O U N C I L M E E T I N G F R R R. 1 T A R. Y 5 1 9 9 0 I. The Tequesta Village Council. held a regularly scheduled meeting at the Village Hall, X57 Tequesta Drive, Tequesta., Florida, on Thursday, February 8, 1990. The meeting was called to order at 9:00 A.^'1. by Mayor Joseph N. Capretta. A roll call was taken by the Recording Secretary. Councilmembers present were: Mayor Joseph N. Capretta, William E. Burckast, Ron T. Mackail, Earl. L. Collings, and Vice-Mayor Edward. Howell. Village Officials present. were: Thomas G. Bradford, Village Manager.; Wendy K. Harrison, Adm.ini.strat.ive Assistant to the Village Manager; Bill C. ``:ascavelis, Finance Director, and Department Heads. Pam McNierney, • Councilmember Earl L. Collings gave the Invocation and led those in attendance to the Pledge of Allegiance t.o the American Flag. 1 Councilmember Collings asked. to add a comment, regarding the Villa.~e Newsletter. S) Village Manager Bradford asked to make a presentation of Resolution 7-89/90 regarding the potent.i.al of elempting jet. ski act.ivi.ty from the proposed Intracoastal Wat.erwa.y restrictions, north of the CR.-707 Bridge. Mayor Capretta stated he had a few "housekeeping" matters to be brought up under Item k. Any Other Matters. lage Council Meeting Minute • ~iaary 8, 1990 2 Councilmember Collings amended. Councilmember vote on the motion was: Mayor Capretta - Vice `'Iayor Hocaell - Earl Collings - Ron Mackail - William Burckart - moved that the Agenda be approved as Mackail seconded that motion. The for for for for for the motion was therefore passed and the Agenda was adopted as amended. CONSENT AGENDA All items appearing with an asterisk (*) on the Agenda were considered routine and were enacted by one motion. Councilmember Burckart moved to approve the Consent Agenda as submitted. Cot.mcilmember ?~lacliail. seconded. that. motion. The vote nn the motion WaS: Mayor Capretta - for Vice Mayor Howell - for Earl Collings - for Ron Mackail - for William Burckart - for the motion was therefore passed and the Consent Agenda was approved as submitted. APPROVAL OF MINliTES AND REPORTS *A) Village Council Meeting; January 25, 1990 *B) Community Appearance Board; January 10,1990 *C) Board of Adjustment Meeting; January 15, 1990 *D) Code Enforcement Board Meeting, Janyary 16, 1990 *E) Village Manager's Report; January 22 - February 2, 1990 Chere were no communications from citizens. i `.i~iage Council Meeting Minut.E ~ehruary 8, 1990 ~ ~~ e 3 ------------------------ ipecial ~xc,eption ruolsc nearing ana ~~.Le rlan tceview iur c ?roposed Five-Story, 130-Room Hotel; 734 t;.S.Highway One, forth. David Sullivan, Agent. 1) Special Exception Public Hearing: Mr. David Sullivan presented a rendering of the proposed 130-room hotel, explaining it was a 5-story, limited service hotel with an out parcel for a proposed restaurant. He further explained it had been approved by the Community Appearance Board and was now seeking Village Council's approval for the Final Site Plan. Councilmember Collings moved to approve the 5pec~ Exception request for a five-story hotel. Councilmeml Mackail seconded the motion. The vote on the motion was; ~iayor Capretta - for • `~.i_ce Mayor Howell- for I~:arl Collings for ''on Mackail - for ~dilliam Burckart - for 2) Site Plan Review: Mr. Sullivan explained a few changes on the landscaping plan had. taken place at. the request of the Community Appearance Board (CAB). Councilmember Collings asked if the .landscaping was in the Xeriscape concept. Building Official, Scott Ladd, stated that proposed Ordinance 377 had been explained to Mr. Sullivan, and that the 60~ native plant requirement was met, based on Ordinance 377. Councilmember Collings felt there was not. enough communication from the CAB t.o Council. regarding changes that, are made to land.scapings. Mr. I_,add responded that. all. changes are reflected in the corresponding CAB Minutes, and reminded Council that though Ordinance 377 i.s not yet adopted, Mr. Sullivan did strive to meet the intent of that Ordinance. Councilmember Mackail stated. that more consistency was desired from the CAB regarding reporting on changes t,o landscaping, and that perhaps a Performance Bond should be activated with development approvals to ensure that new projects maintain the -required landscaping. Mayor Capretta. agreed that more • .-communication was needed. from CAB to Council and agreed a erformance Bond should be initiated with all new jzro j ects . 'll age Council Meeting Minute -bruary, 8, 1990 :tee 4 Mayor Capretta asked Village Manager Bradford when Ordinance 377 would become effective. Mr. Bradford explained that the reason this Ordinance has not been brought before Council is that the Comprehensive Plan, when adopted, required the preparation of many land development regulations which address not only landscaping, but a variety of isstiies, including water. conservation through xeriscaping and the use of native vegetation. Therefore, Ordinance 377 has been held back to ensure it is coordinated properly with all. land development regulations. The recourse now is to operate under the existing Ordinance, and encourage people to use water conservation techniques and drought tolerant plants, which is just what Building Official, Scott Ladd has been doing. Mr. Bradford explained the deadline for Land Development Regulations i_s April 1, 1990. Mr. Ladd informed Council that Ordinance 377 could be ~;dopted now, since most. of the amendments have already • i-~een made. Councilmember Mackail stated he would like to .sake sure the landscaping problem is completely satisfied ~~egarding water conservation, freeze tolerant plants, ~,tc., with a detailed report to Council, before moving ahead. ~ouncilmember Collings moved that the Site Plan Review be ~.pproved, with the consideraiton that Developer be willing to review the landscaping and to provide a Performance Bond. Councilmember Burckart seconded the motion. The vote on the motion was: Mayor Capretta - for Vice Mayor Howell for Earl Collings - for Ron Mackail - for William Burckart - for the motion was therefore passed and adopt.eci. Jill_age Manager Bradford stated that Ordinance # 377 will ~e brought to Council for adoption but cautioned that amendments may be necessary in the f~zture to ensure that it is coordinated properly with the Land Development Ze~ulations. Council concurred. • `~ 1 i l agE 1' E' :lY'Ual -: ~: ~ e 5 UNFINISHED BiSI'~ES~ onsideration of Interlocal Agreement Amendment. Between Pal each County and. Tequesta for the E-911 System. • Village Manager Bradford reported that on May 12, 1.988, Council approved an Interlocal Agreement, wi.t.h Palm Beach County which provided for the County to reimburse the Village for the new E-911 System, whereby the caller.'s phone number et.c. appears on the screen, for tracking purposes, when calling for emergency service. The County agreed to reimburse the Village for that system anal the maintenance thereof. Subsequent to that, it was necessary for the Village to buy a new emergency generator to provide backup power needs for the E-911 System. Council approved that expenditure in the amount of $18,284. The E-911 coordinator for the County has agreed to recommend to the Board of County Commissioners that they reimburse the Village for this eYpendi_ture. Therefore, Council's approval will into motion that process. Councilmember Mackail moved that the Interlocal Agreement made between the Village and the Board of Palm Beach County Commissioners, to rei.mbl.zrse the Village for its $18,284 emergency generator expenditure, be approved. Councilmember Collings seconded that motion. The vote on the motion was: Mayor Capretta Vice Mayor Howell Earl Collings Ron Macka.il William Rurckart. - for - for - for ~__ • ', ~ gage t;ouncil ry~eeti rx,izary 25, 1990 ~'..~e 6 ~) Authorization to Execute Agreement between Florida League of Cities and Tequesta, for Collection of Past Due and Delinquent Occupational License Taxes from Corporations Transacting Insurance Business in the Village. Village Manager Bradford explained that the Village has an Occupational License Ordinance that, requires insurance companies doing business in Tequesta to pay the Occupational License Tax. A problem with enforcement of collection of that, tax is that the Village Staff is not privy to information as to which specific insurance companies, located outside Tequesta, are, in fact, doing business in Tequesta. The Florida League of Cities has put, together a successful. program which gives them a way to track down who is doing specific insurance business within specific cities. They° will collect the monies for the specific cities. Their ~F~trieval fee is 50% of that. collected. They provide the ty wit.h the names of the companies which can be added to . lie city's list thereafter. In subsequent years, the city auld collect l00% and Florida League of Cities would get ,:thing, since they would not be involved thereafter. (A !.~tagram from the Florida League of Cities was provided to Council, showing the kinds of funds they collect.) Mr. Bradford speculated the Village would collect between $3,000- $5,000 per year by virtue of signing this Agreement with the Florida L,ea,~ue of Cities. ~ing business" in Tequesta and stated he felt that was a vague area. Mr.. Collings felt the whole concept was irrational. C,ouncilmember Burckart asked if this ;.-oi.ald include stock brokerage firms, out-of-state banks, et.c. - c:here would this stop? Mr. Bradford responded that might. i~~~ an extension of this theory, but this present, proposal deals specifically with insurance companies. He reported to Council that the Village Attorney recommends Council. sign the Agreement and that the Vi_llage's Occupational License Ordinance is app7_icable to insurance companies, and if the Ordinance needs amending to facilitate collection of what is due the Village, the Florida League of Cities would inform the Village. • tillage Council Meeting Minutes '~nuary 25, 1990 •. ,.ge 7 Agreement. Mayor Capretta felt this was probably applicable to other occupations as well, but the Village did not know how to locate them, and felt this Agreement was acceptable. Mr. Bradford reminded Council that every revenue source the Village utilizes takes pressure off property taxes. Councilmember Mackail moved to accept the Agreement between the Florida League of Cities and Tequesta for collection of past due and delinquent occupational license taxes from corporations t.ra.nsacting insurance business in the Village. Councilmember Burckart seconded the motion. The vote on the motion was: Mayor Capretta - for Vice Mayor Howell. - for Earl Collings - abstained Ron Mackail - for `illiam Burckart - for • he motion was therefore passed a.nd a.dopt.ed. B) Resolution No. 5-89/90 - Opposing the Abolition and Restructuring of the Palm Beach Gounty Solid Waste Authority. Village Manager Bradford explained there had been a lot of political maneuvering throughout Palm Beach County by virtue of the need and desire by the Solid Waste Authority to create a refuse recycling and collection center west of Boca Raton. Citizens in South County are against this. Opponents of the new facility were unable to stop same through the Palm Beach County Commission. Therefore, they have proposed to abolish the Solid Waste Authority which has a municipal representation majority. It. is i.mport.ant. to Tequesta to remember that one of its primary functions is garbage and refuse collection and disposal. Land fills are reaching maximum capacity. Resource recovery facilities are probably the only viable means presently dealing with the situation. Failure to build another facility would be detrimental to garbage collection and health safety and welfare. The Municipa_1 League has contacted all cities, advising them of this situation. (A copy of that correspondence was provided f:~r Council.). Resolution No. 5-89/90 follows the Municipal. .ague's suggested format. Mr. Bradford suggested Council • ve consideration to the approval of this Resolution as an .~dorsement of keeping the Solid Waste Authority as is, with ma inri t.v mimi ni na l renra~ant.at.i nn _ :.age t;ounci i `~t=~~i~uary 8, 1990 Attorney Pam McNierney read Resolution No. 5-89/90 by title: A RESOLE?TION OF THE VILLAGE OF TEQLiESTA, PAL^'1 BEACH COUNTY, FLORIDA, URGING THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY AND THE PALM BEACH GOUNTY LEGISLATIVE DELEGATION NOT TO SUPPORT THE TRANSFER OF ALL ASSETS AND LIABILITIES FROM THE SOLID WASTE AUTHORIOTY OF PALM BEACH COUNTY TO THE BOARD OF COUNTY COMMISSIONERS, AND NOT TO SUPPORT A RESTRUCTURING OF THE SOLID WASTE AUTHORITY BOARD. Councilmember Burckart moved to approve Resolution No. 5- 89/90. Councilmember Mackail seconded that, motion. The vote Mayor Capretta - for tike Mayor Howell - far Earl Collings - for Ron Mackail - for William Burchart - for ~.e motion was therefore passed and adopted. ~uncilmember Collings commented. that there is a nec =~chnology available for burning all solid waste. This nec technology has been approved at all levels of EPA. The installation of a plant of this sort at a solid waste sitE can extend the life of the site to 40-50 years, since the residua, 1. is merely ash. Mr. Collings hoped. that in the future all municipalities would avail themselves of this process. Councilmember Mackail asked if an "amnesty da.y" was being pursued for the Village of Tequesta. Mr. Collings interjected that his initial proposal for an amnesty day included much more than environmentally sensitive materials. Hi.s proposal was for a total pickup of all wastes. Mr. Bradford. explained that "white goods" are picked up for. free, but it would behoove the citizen to ca_11 for a special pickup since a particular vehicle is used for that type of pickup. He further explained that since toxic wastes can create a volatile situation, it, would be best to bring those to a • age Council Meeting MinutF • i_iary 8 , 1990 g Resolution No. 6-89/90 - Establishing Procedures and Designating Polling Places for the Municipal Election Tentatively Scheduled for :March 1.3, 1990. Attorney Pam Mc?v~ierney read Resolution No. 6-89/90 by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, ESTABLISHING PROCEDURS AND DESIGNATING ELECTION OFFICIALS AND A POLLING LOCATION IN THE EVENT IT IS NECESSARY TO CONDUCT A MUNICIPAL ELECTION TO BE HELD MARCH 13, 1.990. Councilmember Mackail moved to approve Resolution No. 6- 89/90. Councilmember Collings seconded that motion. The vote on the motion was: Mayor Capretta - fc Vice Mayor Howell - fc F,arl Collings - fc ~~~on Mackail - fc M ~illiam Burckart - fc '~e motion was therefore na.ssed ar X. ANY OTHER MATTERS A) Councilmember Collings suggested the Village Newsletter mailing be expanded to go to everyone on the Village Water Mailing List. Since these users utilize the infrastructure of the Village, and the Village has short-term and long-term objectives i_n annexing some of these areas, they need to know in greater detail what the Village is doing. Councilmember Burckart agreed. Mr. Bradford stated this would at least double the current expenditure and would need Council approval. for the extra monies it wou)_d take to do this. B) Village Manager Bradford prepared a Resolution for consideration by Council regarding a.n exempt. speed zone for jet skis. Mr. Bradford. explained to Council there is an Intracoastal Waterway Speed Zone Advisory Committee who, on February 1, 1990 asked that consideration be given to designating the north Jupiter Sound area as a jet ski exempted speed zone which could be paramount to designating it as a jet ski area, since the Committee has also -commended that the Intracoastal Waterway channel. itself not • ;a.ve the `idle speed, no wake zone' designation. Basically, ~t skis would have free reign in that area. Hence, ~-~snl ut.i nn Nn . 7-R9 /9n . 'I_lage Council Meeting Minutes -bruary 8, 1990 "' g e 10 Attorney Pam. NlcNierney read Resolution No. 7-89/90 by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, REQUESTING THE PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS TO REJECT THE RECOMMENDATION OF THE INTRACOASTAL WATERWAY SPEED ZONE COMMITTEE TO EXPLORE THE POTENTIAL OF PROVIDING AN EXEMPTED SPEED ZONE FOR JET SKIS IN NORTH JUPITER SOUND AND REQUESTING IMPLEMENTATION OF AN IDLE/NO WAKE SPEED ZONE WITHIN A 300 FOOT BUFFER ZONE ON EITHER SIDE OF THE INTRACOASTAL WATERWAI' WITHIN THIS AREA APPLICABLE TO ALL WATERCRAFT TO EFFECT BOATER SAFETY', PROTECT MANATEES, OTHER THREATENED SPECIES AND VITAL SEAGRESS BEDS. Councilmember Collings asked of whom this Committee consisted. Mr. Bradford answered that Carlton Stoddard was a member and he could explain who else was on this Committee. Mr. Stoddard. stated he had prepared a report, on the Public Hearing of Intracoastal. Waterway Speed Zone Committee of rebruary 1, which would be received by Council. Jet skiers .ire at this Hearing in great force. An Ordinance was • .~epared to be voted on by the County Commission on February ~, which provides for a `no wake zone, idle speed' on a 300 `~~ot strip on either side of the Waterway from. CR-707 Bridge, t<<~rth to the Martin County line. There seemed. to be no agreement as to what the speed would be in the channel. The jet ski representatives at this Hearing presented three counterproposals: a) to totally exempt jet skis from this Ordinance; b) to exempt jet skis on a seasonal basis; and c) to authorize County Environmental Resources Management to survey the entire area for the purposes of locating a place that. would be more ideal for jet skiers. The Committee approved the last proposal. Councilmember Collings suggested a semi.-colon appear aftez the word "sound" in the seventh line of the Ordinance title, Councilmember Burckart moved to approve Resolution No. 7- 89/90 as amended. Councilmember Collings seconded that motion. The vote on the motion was: Mayor Capretta - fog Vice Mayor Howell - fog Earl Collings - fog Ron Mackail - fog William Burckart - fog =.',~age Council. Meeting Mir ~~~~:~~°uary 8, 1990 ------------------------ t;) 1~layor Capretta asxea regaraing the status on seexi.ng a ruatic Safety Director for the Village. Mr. Bradford stated the ads have been placed with all the publications, some of which have already been published. D) Mayor Capretta asked if the Tequesta Drive Project was on schedule. Mr. Bradford answered it was ahead of schedule with a projected opening date for the north lane in mid- March. Mayor Capretta asked. if a regarding the sewer studies Bradford stated a request h the Village of the status analysis of the situation. Bradford contact Encon to expected. report was expected from Encon for Country Club Road. ;~1r. as been made to Encon to apprise when Encon has finished its Mayor Capretta suggested Mr. ask when a report could be F) Councilmember Burckart asked for the status of the Cypress Drive Drainage Project. Mr. Bradford. stated the Options Report was received this week from Gee & Jenson. It is very complicated, with engineering calculations and numbers, and Village Staff needs time to sort out what the report is actually saying. Councilmember Burckart asked if he could receive a copy of that - Mr. Bradford stated he would make that available. G) Councilmember Burckart inquired regarding the Jupiter annexation issue. Mr. Bradford answered the County is preparing to file suit against Jupiter. However, they are still working on the Intergovernmental Agreement previously discussed. H) Councilmember Burckart asked if copies of upcoming Counts Ordinances and/or meeting agenda were made available tc Village Staff. Mr. Bradford answered the County Ordinance= were not sent to the Village as a rule, but they do send ar Agenda for their meetings, which is usually received on the Monday before, or the day of, the meeting. Mr. Burckart asked. i.f it was possible to get copies of the Ordinance before they are voted on, to be certain the Village is aware of what is upcoming. Mr. Bradford stated the County hay radically improved their notification process over the past few years, and they will send Ordinances if they are specifically requested. Mayor Capretta felt County Commissioner Karen Marcus should be approached and held :~sponsible for notification. Councilmember Collings stated _. _ _ iage Council Meeting Minutes uary 8, 1990 f 12 • [) Mayor Capretta discussed Mr. Pilz's previous complaint regarding lack of information on the updating of the Master Plan Marketing status. Mr. Collings reminded Council that in terms of major negotiations, confidentiality is a vitally important part, and the Task Force and :~1r. Bradford's discretion will have to be relied upon as to how much is shared i.n public. Councilmember Collings moved to adjourn the meeting. Councilmember Burckart seconded. that motion. The vote on the motion t.Tas: Mayor Capretta - for Vice Mayor Howell - for -marl Collings - for ';on Mackail - for the motion was therefore passed and the meeting was adjoured at 10:15 A.M. 1; c. , fi.~l i 5 .. .. ,3 , --_ r,~.z:< < ~ , , Recording Secretary F s ~" . ;G:a` B~11 C°. ha,scavelis Finanoe Direct.ot~~JVIllage Clerk DATE APPROVED: ~ -- ------- ~~, /9 9 d ___