Loading...
HomeMy WebLinkAboutMinutes_Regular_01/25/1990 ~J 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 [ L L A G E C O U N C I I~ M E E T I N G J A N U A R Y- 2 5 1 9 9 The Tequesta, Village Council held a regularly scheduled meeting at the Village Hall, 357 Tequesta Drive, Tequesta, Florida, on Thursday, January 25, 1990. The meeting was called to order at 9:00 A.IvI. by Mayor Joseph N. Capretta. A roll call was taken by the Recording Secretary. C'ouncilmembers present were: Mayor. Joseph N. Capretta, William F.. Burckart., Ron T. !`~Iackail, Earl L. Collings, and Vice-Mayor Edward Howell. 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. Village Attorney, John C'. Rando]_ph was also present. Councilmember William E. Burckart gave the Invocation and led those in at.tenda.nce to the Pledge of Allegiance t,o the American Flag. A) Village Manager Bradford requested that a consideration of a Tree Permit Request from David. Sullivan for the Coachman Inn proper on U.S. Highway 1 be added to the Agenda as Item VII. (B} and, to be added under Any Other Matters, confirmation of action that the Council took on the Master Plan on December ]4, 1989 as it relates to the Traffic Engineering Study underway and Palm Beach County's proposed. Traffic Performance Standards Ordinance. Bj Councilmember Collings requested the addition of three points under Any Other Matters: 1) Report on COG meeting; 2) Fire Rescue; and 3) a Proposal regarding Waste Management. tillage Council Meeting Minu January 25, 1990 ------------------------ Councilmember Burckart. amended. Councilmember vote on the motion wa.s: Mayor (apretta - Vice Mayor. Howell - Earl Collings - Ron Mackail - William Burckart - the motion was therefore moved Macka passed that the Agenda b~ it seconded that for for far for for and adopted. [V. CONSENT AGENDA Al1_ 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. Councilmember Mackail seconded that motion. The vote on the motion wa.~: • ".:. ~-or Capretta. = t or { ce Mayor Howell for :rl Collings - for ~:~n Mackai 1 - for William Burckart - for the motion was therefore passed and the Consent Agenda was approve a.~ ~uhmi t.ted . U. APPROVAL OF MINUTES AND RE1'Ol,'.'1'S *A) Village Council Workshop Meeting; January 8, 1990 *B) Village Council Meeting; January 11, 1.990 *C) Village Council Workshop Meeting, January 12, 1990 *D) Village Manager's Report, January 8-19, 1.990 [. COMMUNICATIONS FROM CITIZENS There were no ~ ~~~,~~n;,nications from citizen: • .illage Co~.zncil Meeting MinutE .ianuary 25, 1990 -~~P_3------------------ ~) Consideration of Additional 30 Da.y Time Extensio Hotel Site Plan Review at 734 li.S. Highway One (proposed Coachman Inn Hotel). David Sullivan, Agent. Village Manager Bradford explained that Mr. Sullivan had been. given a 60-day time extension on approximately >vovember 29, 1989. Mr. Sullivan, presently, is still trying to get a modification on that Site Plan Review that will cause the Coachman Inn to be changed to a Radisson Hotel, but wants to protect previous approvals and therefore caould need a 30-day time extension for that parcel. ~Ir. Sullivan explained. he was scheduled to come before council on February 8, 1990. There has been. a problem with the advertising, but he is now ready to proceed. Mayor Capretta asked Scott Ladd, Building Official, why more time wa.s not, allowed for the first extension of time in order • t.o avoid coming back for a second extension of time. Mr. Ladd explained advertising could not even begin until Mr.. Sullivan appeared before the Community Appearance Board. That has now taken place. A Special Exception and Site Plan Review is necessary, and the only time to schedule that is February. It was Mr. Ladd's suggestion that extensions be given for 90 days, or even six months, to avoid the need for a second extension. In the past, extensions of even up to one year have been given. Mr. Ladd suggested that an extension of more than 30 days perhaps should be given now, just. in case there should be any other delays. Village Manager Bradford. stated. there is a forthcoming Ordinance in the County's Traffic Performance Standards, and Mr. Sullivan wants to protect, his previous approval, not wanting it to expire. If it does expire, Mr. Sullivan may lose all. of his vested trips, etc., associated with the previous approval. ~ouncilmember Burckart moved to approve the extension of time For 90 days. Councilmember rlackail seconded that motion. I'he vote on the motion was: Mayor Capretta - for ~.;ce Mayor Howell - for ~3r1 Collings - for • ,an Mackail _ for '~illiam Burckart for L'illage Council Meeting Minutes ,ianuary 25, 1990 • ; , ~ 1 B) Tree Permit Request from David. Sullivan for the Coachman Inn Property at 734 U.S. Highway One, North. Mr. Sullivan explained he would like a Land Development Permit for the property. Vi_lla.ge Manager Bradford explained the Village adopted a Tree Permit Ordinance approxima.tel,y one ,y-ear ago, which occurred after the Coachman Inn received its Site Plan Approval. The Ordinance i_s written such that the applicant shall seek a Tree Permit at the time of Site Plan Approval. Under these circumstances, it is now necessary for Mr. Sullivan to seek approval. to clear the site to proceed with development., and to do so in accordance with the above-referenced Ordinance. Councilmember Collings moved to approve a Tree Permit. for the Coachman Inn site. Councilmember Burckart seconded the motion. The vote on the motion was: Mayor Capretta • ~"ice Mayor Howell ~;arl Collings i,on Mackail tvilliam Burckart - for - for - for - for - for the motion was therefore passed and adopted. ~) Update on Annexation Conflict In Section 27 with Town Jupiter. Village Manager Bradford gave an update on the annexation conflict issue: Since the last Council meeting, Mr. Bradford, Attorney Randolph, and Jack Horniman, Village Planning Consultant, met with Griff Roberts, Town Manager of Jupiter, Jupiter's Town Attorney, a.nd Marty Hodgkins to review the isslxe of Section 27. Tequesta was unable to reach any agreement or compromise with Jupiter to end the conflict. Jupiter feels Tequesta has no logical claim to the area in question, that the area is more atuned to Jupiter as opposed to Tequesta. Any suggestion by Tequesta t.o • Village Council Meeting Minui .?.~nuary 25, 1990 compromise on certain issues hound ,lupiter attesting tnat none of those issues were in any way related to the annexation. After that, the Village Attorney and Mr. Bradford attended the Town Council Meeting on January 16, 1990, where Attorney Randolph presented the arguments for the Village of Tequesta. The Village's position was that, basically, they were not there to argue the merits of reserve annexation areas, but simply to state that, in Tequesta's opinion, the proposed annexation was contrary to State Law, requiring substantial contiguity and compactness. Though Jupiter ignored any of the points made by Tequesta, Palm Beach County, likewise, stated for the record, that they felt the annexation did. not meet the requirements of Florida State Statute 171, and that they would hopefully be able to reach and inter-governmental agreement with Jupiter relative to the entire area south of the Martin County line relative to annexation. Otherwise, they, too, would file suit, in that it's an improper annexation. .Tupiter also threw in a few token parcels, one being the northern Palm Beach County Water Control District drainage ,litch, and some common property owned by the Shores homeowners Association which was basically a small, serpentine piece of land that Jupiter felt would address the contiguity issue. Palm Beach County and. Tequesta claim that does not, meet the cont.iguit.y issue. Councilmember Collings asked if Tequesta. is now in the 30-day period that would allow them to file objections with the Circuit Court. Mr. Bradford answered affirmatively. Attorney Randolph informed. the Council. that if the Circuit. Court agrees with the County and Tequesta, Jupiter's annexation action would become null and void. '~1r. Bradford stated he felt Tequesta. would have a. 50-50 chance if they pursued suit, depending on the outcome of the inter- governmental agreement discussions with Jupiter. The County stated at Jupiter's Council Meeting that they would like to see an inter-government agreement where Jupiter would. agree to proceed with a number of voluntary annexation petitions on the part of property owners. The County suggested that if those failed, Referendums should be conducted on annexation in the entire Section 26-27 areas, and even down to Pennock Point, on behalf of orderly annexation. Mr. Bradford stated he does not presently know the status of that inter- governmental. agreement. He felt, however, the issue would not be resolved in 30 days and suggested that Tequesta. u Village Council Meeting Minutes .Tar;~ary 25, 1990 _,., i E' f1 • .-. Attorney Randolph stated that. Jupiter feels it has not been uncooperative with Tequesta, that they have listened to Tequesta. But, that in listening, they merely disagreed. Jupiter feels Tequesta is not equipped to serve the area in question, and it is more likely that the area should. be part of Jupiter. Mr. Bradford and Councilmember Mackail stated they do not, agree with that comment. Mayor Capretta stated that before proceeding with any legal action over this issue, Council needs to be sure they know what the Village's long-range plans are. Council has talked about annexing certain local pockets, about cleaning up the borders with Jupiter, about going west of the River, and about. going north of towards Martin County, yet no specific plans have been made regarding any of those. Something should be decided upon, then prepare an organization capable of doing it, i.e., an Annexation Task Force, study the maps of the specified areas, look at every proposed development for those areas, and essentially effect an aggressive program to ensure annexation. • :uncilmember Collings asked if Jupiter alluded to any future .tent beyond Section 27. Mr. Bradford answered "no", but fiat. they alluded to the fact that they felt the entire areas ~:a.s a natural for being a part of Jupiter. Attorney Randolph stated Jupiter showed the Tequesta representatives a map of the area they consider to be their future annexation area. If Tequesta attacks legally Jupiter's method. of annexation in this particular case, he felt it would be relevant to argue that. Tequesta has a reserve annexation area and by improperly annexing property, Jupiter is perhaps foreclosing Tequesta's opportunity to annex lands which may be within Tequesta's reserve annexation area. However, Attorney Randolph felt there was no direct policy of law stating that any designated reserve annexation areas belongs to the municipality designating i.t to be so. It's merely a Statement of Intent, but not necessarily ineffective. Mayor Capretta reiterated that Council needs to organize in order to be effective - collect some data - what are the Council's ideas on the issue - where should Tequesta go from here - develop some improved processes for streamlined approvals for developers and tell them the advantages of Tequesta vs. the County. Take the approach of the Downtown Task Force regarding development, and be selective. i llage Council Meeting Minute ~:~~~~aary 25, 1990 Councilmember Collings asked if the suit has to be filed and active within the 30-day window. Attorney Randolph answered "Yes, just to file." Mr. Collings felt Tequesta was ready to file suit. Mr. Bradford stated he felt Tequesta should file suit within 30 days of Jupiter Council's action. In the event Palm Beach County a.nd Jupiter do not enter. into an interlocal agreement, then Tequesta has protected its ability to object to that annexation. If they do enter into an acceptable intergovernment agreement, whereby there is a plan to attack that whole area in a proper, systematic fashion for annexation from Jupiter's perspective, then perhaps Tequesta should. back off since Jupiter would probably then adhere to proper procedure. Mr. Bradford recommended. monitoring the process of the intergovernmental agreement. Councilmember Burckart felt the immediate area at hand may be beside the point and perhaps Tequesta should not be as aggressive. He suggested Tequesta react to what happens with the interlocal agreement - if the County and. Jupiter enter into this Agreement, there may not be much Tequesta can do. ~f they do not enter into this Agreement, it says the County giants an orderly annexation for the entire area, which ,probably will also include Sections 33, 34 and 35. At that point, Tequesta may have to approach the Referendum issue and start campaigning in those areas offering a higher quality level of service pointing out that those areas are far better suited for Tequesta than Jupiter. There may be no possibility of convincing a court that Tequesta can better serve that area. Mr. Bradford stated that the Referendum route means there is nothing that precludes Tequesta from sending out literature which explains the benefits of being in Tequesta. Vice-Mayor Howell moved to have Village Manager Bradford file suit for objection in the above-referenced annexation issue, if an acceptable intergovernmental agreement is not reached between Jupiter and Palm Beach County within the 30-day window of January 16, 1990. Councilmember Collings 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 . ;. '.illage Council. Meeting Minutes .>»nua.ry 25, 1990 • -- - --~-8------------------ Attorney Randolph stated for clarification that he did not belie~-e a future annexation plan, policy, or map wa.s included in either Tequesta's Comprehensive Plan, or Jupiter's Comprehensive Plan. Also for the record, Attorney clarified that in May, 1988, Tequesta passed a Resolution which is still in effect, which indicated that Section 27 was going to be part of the future boundaries of the Village of Tequesta.. Mayor Capretta asked Council if it was agreed to use the Finance and Administration Committee as an Annexation Task Force? All of Council agreed. A) Consideration of Bid Award for Portable 125 KW Emergency ':-enerator to kelly Tractor for $32,800. `~llage Manager Bradford. explained that bids were previously >pened in September or October, 1989. Low bid at that time ~:=zs approximately $37,000. Council directed the Village `9anager to re-advertise because they felt proper distribution of the notification had not taken place and. that the low bi.d_ price was too high. Bids were re-opened on January 8, 1990. The low bidder was Ikelly Tractor in the amount of $32,800. Councilmember Collings moved to approve the kelly Tractor bid for $32,800. Councilmember Burckart seconded the motion. The vote on the motion was: Mayor Capretta Earl Collings Ron Mackai_1 William Burckart - for - f o.r - for - for the motion taas therefore passed and adopted. Vice-Mayor Howell had left the room; therefore, he did not, vote. • illage Council ri ~:3nizary 25, 1990 :. ANY OTHER MATTERS A) Palm Beach County's Traffic Performance Standards Ordinance as it Relates to the Master Plan. • Village Manager Bradford explained that on December 14, 1989, Village Council accepted the Master Plan in concept, and authorized the staff to prepare the marketing packages. Cu.r.rently the staff has been working on reviewing the proposed Palm Beach County Traffic Performance Standards Ordinance and Municipal Implementation Ordinance that gives Palm Beach County power in Tequesta's jurisdiction, relative to County roadways. There is an issue there relative to the municipality, preparing procedures relative to vesting the development rights of existing approved developments and properties. In studying this, it was discovered that the written. Minutes of the December 14, 1989 Village Council Meeting only reflect that Council authorized the marketing package expenditure, even though the specific Agenda item called for approval of the Master Plan. Additionally, Council implemented Zoning in Progress at that time. Mr. Bradford sought clarification from Council asking whether or not it was Council's intent to approve the Master Plan in concept so that the Village could take that and proceed with vesting the traffic that will be generated within the Master Plan, hopefully to the acceptance of Palm Beach County in order to protect the future of that Master Plan area. Council agreed that was their intent. Councilmember Collings moved to clarify and ratify the action that, was taken on December 14, 1989, in relation to the Tequest.a Town Center Master Plan being accepted and adopted in concept, and that Zoning In Progress was declared to negate potential development in contravention thereof. Councilmember Bizrckart. seconded that motion. The vote on the motion was: Mayor Capretta Vice Mayor Howell Earl Collings Ron Mackail William Burckar.t - for - for - for - for - for the motion was therefore passed and adopted.. • `ialage Council Meeting Minute: ,~nuary 25, 1990 age 10 Mr. Bradford added that. since this action was taken on December 14, 1989, and there is no proposed forthcoming development in the Master Plan area presently, it may behoove Council to formally adopt the Master Plan, so that, hopefully, at a minimum, that level of traffic generation proposed by the Master Plan development could at least have a grounds for being vested and protected so that appropriate development could occur in that area in the future. Attorney Randolph added, that, indeed, if it was Council's intent on December 14 to adopt the Master Plan, subject to whatever modifications might come up in the future, it should be clarified. It was Attorney Randolph's understanding that when Zoning In Progress was adopted, it was not done necessarily t.o further study the Master Plan, but so the Village could put together all of the development orders and Ordinances needed to implement the Master Plan. Mayor Capretta stated that was his understanding and the intent of ~~ouncil. Vice-Mayor Howell reminded Council there was a vast • ifference between accepting the Plan in concept, and adopting it, which would specifically lock the Village into `he Plan. He urged Council to be cautious. Councilmember ollings stated the acceptance of the Master Plan wa,s more conceptual than specific. Mr. Bradford added. that the County Commission is meeting on January 30, 1990 for the final reading of the County's Traffic Performance Standards Ordinance. He indicated he may ask Council to hold a special meeting, if there was any need to do so, based upon the outcome of that final Ordinance, to review the Village's Traffic Engineering Study for the Master Plan, and review the status of implementation options for the Master Plan itself. Councilmember Burckart stated the Village needs to "make some noise" to the County to let them know where the Village stands on issues such as this. Mr. Bradford stated he believed the Village has not yet informed the County of the Village's position. He echoed Councilmember Burckart in that the voters approved the Traffic Performance Standards Referendum, but did not have the full information at hand as to the impact of what that action would do, potentially, to the Palm Beach County economy. !illage Manager Bradford agreed to write a letter to the Paln each County Commissioners informing Palm Beach County that • `'equesta would urge them to move cautiously on the above- eferenced Ordinance, since it could have a serious economic mpact on everyone involved. t%i page January P.a~e 11 • Council Meeting Minutes 25, 1990 B) Loxahatchee Council of Governments (COG) Report. Gouncilmember Collings reported there was a presentation by the new Executive Director of the Health Care Taxing District, Mrs. Doris Osbrook. Mrs. Osbrook was in charge of the Chicago area District and extremely effective, and well- organized i_n her presentation. There is now a special district which is accountable for Health Care for the County. There is a Chief Financial Officer, who resides in Jupiter; it is run by a seven-member Board. It was determined that rates were inequitable and uneven in many hospitals in the County, which are in the process of being stabilized. Palm Beach County Health Authority is enforcing 80% payment of Medicare and Medicaid. There is an auditor for all hospital bills; a Medical Advisory Committee. Trauma Centers are important, with a "rule of thumb" being six trauma centers are needed for every 600,000 population. There are two trauma centers in South County, with a need for one in North County. Hospital occupancy for all the hospitals is running approximately 57%. COG approved the appropriations from each Tequesta owing approximately $2,000, up year. C) Director of Public Safety/Fire Rescue Gouncilmember Collings suggested that the Village inform the proposed Director of Public Safety that he is not obligated to form a Fire/Rescue force locally, but that he should. be objective about it. If it is determined to move forward with a Public Safety Department, Mr. Collings felt there was merit in having the issue decided by Referendum. D) Proposal Regarding Waste Management Gouncilmember Collings proposed that Tequesta offer its residents, on a semi-annual basis, a total pick-up day, (an amnesty day) regarding waste management, where everything and anything would be picked up, which would not normally be picked. up on regular collection days. Mr. Collings felt this would be a safety as well. as a convenience measure, and one of the advantages of living i_n the Village of Tequesta. Gouncilmember Collings urged Council to consider that, and urged Village Manager Bradford to ask Waste Management how much that cost would be, and move toward that end. •~ `..Allage Council Meeting Minute anuary 25, 1990 ', age 12 ------------------------ E) C3Tpress Drainage Project Mayor Capretta asked the Village rlanager to brief Council on the Cypress Drainage Project. Mr. Bradford informed Council that a report was expected from Gee & Jenson giving the Village physical options to joining in with Jupiter and a cost estimate of those options. There would then be a Public Works Committee Meeting to review the details of that report, and make a decision and/or recommendation. Negotiations have not yet taken place with Jupiter or the County on cost sharing arrangements. That will be done after review of the report, if needed. • ouncilmember Collings moved to adjourn the meeting `lackail seconded that motion. The vote on the motio Mayor Capretta - fog Vice Mayor Howell - fog Earl Collings - fog Ron Mackail - fog William Burckart. - fog the motion was therefore passed and. the m 10:20 A.M. ~>spe:,tful 1 ,- .,..,m i t~ , F-d, Fr^r, I? ~ ; t F~r~~. Rr:c~nrc?ing ~e~~~~F~tar~- ., _--- - - ~~_ _~ F~'d