HomeMy WebLinkAboutMinutes_Regular_01/11/1990 VILLAGE OF TEQUESTA
Post Office Box 3273 • 357 Tequesta Drive
e Tequesta, Florida 33469 -0273 • (407) 575 -6200
FAX: (407) 575 -6203
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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
J A N U A R Y 1 1, 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, January 11, 1990. The meeting was called to order at
9:00 A.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, 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. Scott Hawkins,
Esquire, was sitting in for 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
Councilmember Burckart suggested Item VIII A), Public Safety, be
moved to the end of the Agenda, taking care of all other business
first. Council agreed and Item VIII A) appeared after Item VIII
C).
Village Council Meeting Minutes
January 11, 1990
Page 2
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IV. CONSENT AGENDA
All items appearing with an asterisk ( *) on the Agenda were
considered routine and were enacted by one motion. Councilmember
Collings moved to approve the Consent Agenda as submitted.
Councilmember Mackail seconded that 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 the Consent Agenda was approved
as submitted.
V. APPROVAL OF MINUTES AND REPORTS
Approved under "Consent Agenda ".
VI. COMMUNICATIONS FROM CITIZENS
DOTTIE CAMPBELL, resident of Tequesta, and Voting Clerk, Precinct.
14. For approximatley the past ten years, residents of Precinct 14
have voted at JTJC. There has now been a change of location
because JTJC could no longer adequately provide the Precinct, with
handicap ramps. Precinct 14 will now vote at the Baptist. Church on
Tequesta Drive. Ms. Campbell requested Council's assistance in
notifying residents of this change, as well as reminding these
residents that Precinct 1.4 votes at the Tequesta Village Hall for
municipal elections, and also to remind voters to sign their new
voting cards. She also requested that the Election Board of
Municipal Elections include working representatives of Precinct 2
and Precinct 14. Mayor Caprett.a commented that these were good
suggestions and asked Village Manager Bradford to include these
facts in the next. Village Newsletter.
Since there were several other citizens in attendance who had
signed up to speak on the Public Safety issue, Communications From
Citizens will. be heard under Item VIII Aj at the end of all other
business.
Village Council Meeting Minutes
January 11, 1990
Page 3
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VII. UNFINISHED BUSINESS
A) Ordinance No. 394 - Second Reading - Amending the Noise
Ordinance to Provide for Higher Noise Decibel Levels and the
Times of Applicability.
Attorney Scott Hawkins read Ordinance No. 394 by Title.
Councilmember Collings explained this Ordinance was discussed
and approved on the first reading. Councilmember Mackail
moved to approve the second reading of Ordinance No. 394.
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 adopted.
VIII. NEW BUSINESS
A) To be considered at end. of Agenda.
B) Consideration of Request from Downtown Development Task Force
for Funding for Advertising of the Master Plan in Palm Beach
Life Magazine Total Funding of $2,890.00 Requested.
Mayor Capretta reminded Council that $1,500 was previously
approved for printing and marketing of the Master Plan, and
this is a further request. Councilmember. Collings stated he
did not object to the advertising, but did question the
validity of Palm Beach Life Magazine as a medium, since its
exposure is very local. Councilmember Burckart inquired as
to the status of exposure through urban Land Institute
magazine Carlton Stoddard, Chairman, Downtown Development
Task Force, answered this was not yet official. Jim Pilz
responded regarding Palm Beach Life advertising: This is an
opportunity to make aware not only the people of Palm Beach
County who only spend winter months here, but the magazine
Village Council Meeting Minutes
January 11., 1990
Page 4
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also is circulated to distinguished financial people around
the United States who have an interest in the Palm Beach
County area. Also, this advertising is very inexpensive
"rifle- shot ", demographics being good, for catching
businessmen and families who are inter - .related with
developers. This would be an opportunity to do something
quickly, while preparing for mailing the other marketing
packages. If this is approved now, the ad could appear in
the March and April 1990 issues.
Councilmember Collings moved to approve the $2,890.00 for
advertising in Palm Beach Life Magazine Councilmember
Mackail 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 adopted.
C) Report to Village Council on Annexation Conflict with the
Town of Jupiter.
Village Manager Bradford briefed the Council: A copy of
Resolution No. 9 -87/88 was provided to each Councilmember,
which is the basis upon which the reaction is based upon
Jupiter's proposed annexation of 169 acres of land in Section
27 west of the Loxahatchee River. Approximately 1 1/2 -2
years ago, there was an effort in the northern part of the
County to have all municipalities to designate areas they
would like to ultimately annex in order to avoid the kinds of
conflicts taking place right now with Jupiter. During the
above - referenced process, Jupiter indicated a. desire for the
same land that Tequesta indicated. Those areas, if they
would ultimately come into Tequesta, would square off its
boundaries, which does include going one mile into Martin
County. The 169 acres in question begin at the southwest
corner of Section 27. Jupiter currently is only contiguous
at that boundary where those corners actually touch. Based
upon that, Palm Beach County has indicated that, pursuant to
Florida Statute 171, it is truly not contiguous in the proper
sense of the definition in that Statute, therefore objecting
to the annexation. Tequesta objects because it lies within
Village Council Meeting Minutes
January 11, 1990
Page 5
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Tequesta's designated reserve area. Mr. Bradford stated he
had met with Griff Roberts, Town Manager of Jupiter, and.
Marty Hodgkins, Jupiter's Director of Community Development,
to go over this issue. Neither was in a. position to talk
about trade -offs or compromises. Jupiter's Town Manager felt
Jupiter had_ a stronger position since current property owners
in this area have asked Jupiter to annex into their
boundaries. Mr. Bradford contends that annexation, and the
timeframe for so doing, is dictated by the City, and not by
the property owners. He stated there is a meeting scheduled
for Monday morning, January 15, between Mr. Bradford, Jack
Horniman, Tequesta's Planning Consultant, and Attorney
Randolph and Jupiter, to determine if there is any point of
compromise. Palm Beach County representatives will also be
in attendance at that meeting. Jupiter will probably attempt
to adopt the Ordinance annexing those parcels on second
reading at their Council meeting on January 16. Mr. Bradford
sought direction from Council.
Councilmember Collings stated he gathered from Griff Roberts
letter that no municipality has the ability to reserve an
area for annexation. Mr. Bradford stated that is a debatable
point. Palm Beach County is now a chartered county
government which has the ability to act above and beyond.
certain planning dictates of State Statutes. The Palm Beach
County Planning Council was appointed the review these kinds
of issues, but their annexation policy has not yet been
finalized. A footnote to the Policy is that Mediators can be
requested by both municipalities to review the issue, to
determine an acceptable solution. Tequesta has not yet
requested a Mediator.
Mayor Capretta felt some homework was necessary by having a
Council Workshop to review the issue in depth to decide on
Tequesta's strongest position. Councilmember Collings
responded that this workshop would have to take place for the
scheduled meeting with Jupiter on January 15. Councilmember
Mackail stated he agreed with the workshop and with the
annexation and would like to move forward with the process.
Village Council Meeting Minutes
January 11, 1990
Page 6
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Mayor Capretta suggested the Village Manager be instructed in
one of two ways: 1) Make sure Jupiter knows Tequesta is
serious about this annexation issue and plan to proceed with
their plan; 2) Tequesta needs to do their homework by
reviewing this issue, because he is concerned about Council's
lack of preparation and strategy.
Mr. Bradford stated Tequesta, would have 30 days to file for
injunction for relief if Jupiter moves forward with
annexation - legal action can still be taken.
Councilmember Collings moved that a Council Workshop be
scheduled for Friday, January 12 at 5:30 p.m. Vice Mayor
Howell 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 adopted.
VI. COMMUNICATIONS FROM CITIZENS
CARLTON STODDARD, Chairman, Tequesta Downtown Development Task
Force. It was Mr. Stoddard's position that TAVT served its
community well by its report on Public Safety and that North County
Ambulance is in a position to serve the community of Tequesta. He
felt that if Tequesta was turned over to Inner City, costs would
double. North County Ambulance already has an ALS license. He
commented. that the consultant's report on Public Safety had some
good guidelines, the main thrust being: "go ahead with Public
Safety."
RICHARD BERUBE, Tequesta resident: Mr. Berube stated he had
articles from six different towns who had a Public Safety program
and turned away from it. He invited anyone to review these
articles with him. Mr. Berube felt Council's opinion on Public
Safety was not an objective one.
Village Council Meeting Minutes
January 11, 1990
?age 7
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Councilmember Burckart asked Police Chief Roderick if in fact his
officers were first on the scene before Fire /Rescue. Chief
Roderick answered, "Yes, the majority of the time."
JIM PILZ, representative of Beach Road Association, where there 17
condominiums, a little over 500 families, some high but most are
low, some are in Palm Beach County but most are in Tequesta. Beach
Road Association believes Tequesta should take charge of its own
destiny regarding Public Safety. Their position is that response
time is slow with anything involving the County. The Association
compliments the Tequesta Police Department on their great response
time and that the Public Safety Program should be pursued.
BOB SMITH, Tequesta resident: Mr. Smith felt the Public Safety
workshop which took place earlier in the week did not address some
of the long -term issues, though he was impressed with the meeting.
He did not believe the consultant's report recommended going ahead
with the Public Safety program. He felt Tequesta had an ideal
opportunity to be different, to be independent, and take charge of
its own destiny. The next 20 years may be a political divergence
of opinion. Tequesta needs to "dig in" and pursue Public Safety.
BETTY JANE NAGY, Tequesta resident: Mrs. Nagy had many questions
she felt were left unanswered:
1) The police response time may be faster than Fire /Rescue, but
does the officer have the proper equipment to attend the
emergency? If the equipment is in the patrol car, does the
officer know how to operate it, and how long will it take him
to `prepare' to use it? Where does the officer secure his
gun while attending this emergency? If his unattended gun
should be confiscated by an unauthorized individual, is the
Village property insured for that? Exactly how much
equipment would a patrolman be required to carry in his
patrol car?
2) If there is a fire and a serious automobile accident at the
same time, should the police officer direct traffic or attend
the fire?
3) Will insurance rates increase when this type of program is
pursued.? Will taxes go up?
4) Why is there a need for a Police Chief and a Public Safety
Director?
Village Council Meeting Minutes
January 11, 1990
Page 8
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5) The Public Safety consultant criticized the way the patrolmen
patrolled the Village, yet he did not question any of the
patrolmen. Where did he derive his information?
Mrs. Nagy felt the Village needed to have more public meetings for
this issue, that flyers be sent out to inform the residents
regarding the issue, and that it be put on a Referendum in November
so the citizens might make the decision on Public Safety.
CONRAD MILLER, retired Police Officer, Tequesta: Mr. Miller felt
it would take too much additional training to better skill Tequesta
Police in first aid.
SHARON HAYWARD, Tequesta resident: Ms. Hayward felt Tequesta's
present Fire Department was very cost effective, when compared to
the cost of a Public Safety program, and that asking police
officers to bear more responsibility while perhaps being underpaid
for that additional responsibility would not be cost effective. If
Tequesta does not have an organized Fire Department, her house
insurance will double. The fire at Riverbend earlier this week is
a fine example of unpreparedness. It is good to save tax money,
but the idea of combining Fire /Rescue and the Police Department did
not appeal to her. Ms. Hayward felt further research should be
required by Council.
DR. STANLEY JACOBS, 16 -year Tequesta. resident.: Dr. Jacobs felt
Tequesta needed to look to the future in this Public Safety issue.
He felt the consultant gaven an ad-equate presentation - but perhaps
enough research had not been done. Tequesta boundaries should be
squared off since too many outsiders are using Tequesta's
facilities. Palm Beach County fire costs have gotten out of hand
and the Village needs to take a look at what the future holds.
J. YODER, TAVT: Mr. Yoder stated that time is of the essence.
Council has the consultant's report, TAVT's report, and it's time
to go directly into Public Safety before September 1990. The
consultant recommended Public Safety as a viable option. It will
increase revenue in the future, but will not save taxes. Mr. Yoder
recommends the Village hire a Public Safety Director and move
forward with all prudence and care.
EMMETT DOWNES, Tequesta resident: Mr. Downes stated the Village
needs to separate its needs from its wants. He is impressed with
Tequesta's Fire /Rescue service and found them to be very
professional. If implementation of further training is to take
place for the police force, it should be done so gradually.
Village Council Meeting Minutes
January 11, 1990
Page 9
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DOTTIE CAMPBELL, Tequesta resident: The life quality in Tequesta
is great. Ms. Campbell cautioned Council to be progressive in a
decision as of today. Since she felt this was a matter everyone
should be allowed to vote on, her suggestion was it be done by
Referendum by November.
VIII. A) Acceptance of Public Safety Options for the Village of
Tequesta Report by the Center for Public Safety Options.
Mayor Capretta gave each Councilman an opportunity to express
his views on the Public Safety issue:
COUNCILMEMBER BURCKART: Council has spent much time looking
into this matter. There has been much input - pro and con.
Each has had opportunity to talk to Chief Brice of Palm Beach
County. This has not been a rushed issue. Mr. Burckart felt
Tequesta has the best police department in the area, but that
does not mean it could not be better. He also was not sure
this should be a voter Referendum. Mr. Burckart favored the
hiring of a Public Safety Director to explore the issue.
COUNCILMEMBER MACKAIL: Mr. Mackail concurred that the Police
Department in Tequesta was a good one. He also felt there
was a need to move forward with the consultant's
recommendation, and that the citizen's questions needed to be
answered. By implementing Public Safety, in time, all of the
answers to the citizens' questions would be known. A
Referendeum may or may not be the answer. Mr. Mackail stated
the decision he makes will be one that is best for the
Village. He desired to see the Village in control of its own
destiny. Tequesta is not trying to compete with Palm Beach
County. Mr. Mackail reiterated that no police department
employee would lose their job by virtue of going to Public
Safety.
COUNCILMEMBER COLLINGS: Mr. Collings felt all citizens who
spoke regarding Public Safety had valid input. However, cost
increases are inevitable, no matter which course Tequesta
takes. If Tequesta leans towards Fire /Rescue, the up -front
figure would be meaningfully higher for the first year or
SO. Either alternative would have approximately equal
protection. Mr. Collings agreed North County Ambulance is
good, and good for Tequesta, as well as for the other
communities they serve. Northern Palm Beach County, however,
is rapidly growing. The insurance issue is a concern if
Tequesta had its own Fire /Rescue. Mr. Colling felt it was a
good solution to move toward a Public Safety Director.
Village Council Meeting Minutes
January 11, 1990
Page 10
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VICE MAYOR HOWELL: The Public Safety issue did not arise on
Monday to be decided upon on Thursday. Much analysis has
been done. This has transpired over a period of 1 1/2 -2
years. The real issue is a matter of cost control and
improved response time. It is apparent the citizens of
Tequesta want to be in control of their destiny. The control
aspect is important. Tequesta needs to be flexible, yet tied
in with the rest of the County - keep options open. Tequesta
can benefit from a higher level of service. The Village
Manager's recommendation is a good compromise.
MAYOR CAPRETTA: Mayor Capretta agreed Tequesta was not ready
to go to Public Safety at this time. He felt the Village
Manager should be directed to begin negotiations with Palm
Beach County to renew our Fire /Rescue contract, with the
option to withdraw with an 18 -month notice based on the fact
costs are now getting out of control at an unacceptable
rate. The Village Manager should be directed to conduct a
search for a qualified Public Safety Director. At that
point, a thorough study can be made. This qualified Director
could work with the Village Manager, Chief of Police, and the
Fire Department, and North County Ambulance to determine if a
thorough plan can be developed and implemented to provide a
level of service equal or better than is presently received.
Mayor Capretta reassured everyone that he and the Council are
absolutely committed to the Police Department and that their
jobs are safe. This is not a ploy to reduce the Police
Department. The object is to provide a better level of
service.
1) Motion to Direct Village Manager to Conduct Search for a.
(qualified Public Safety Director.
2) Motion to Direct Village Manager to Begin Negotiations
with Palm Beach County to Renew Contract For Fire- Rescue
Services.
Councilmember Collings moved that Item VIII (A), (1) and
(2) be approved. Councilmember Mackail seconded that
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 adopted.
Village Council Meeting Minutes
January 11, 1990
Page 11
Councilmember Burckart suggested that during negotiations
with Palm Beach County Fire /Rescue, Chief Bryce be asked to
also be receptive to helping Tequesta to help its police to
be better first responders.
VI. ANY OTHER MATTERS
There were no other matters before Council.
VII. ADJOURNMENT
Councilmember Mackail moved to adjourn the meeting. Councilmember
Burckart seconded that 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 the meeting was adjoured at
10:50 A.M.
Respectfully submitted,
Fran Bitters
Recording Secretary
A /' c
Bill C. ascavElis
Finance Dir ctor / Village Clerk
DATE APPROVED: