HomeMy WebLinkAboutMinutes_Regular_12/01/1988 VILLAGE OF TEQUESTA Post Office Box 3273 • 357 Tequesta Drive Tequesta, Florida 33469-0273 • (407) 575-6200 V= L L AGE O F T E QU E S TA V = L LACE COUNC = L MEET = NG M = NUT E S D E C EMB E R 1, 1 9 8 8 I. The Tequesta Village Council held a regularly scheduled Village Council Meeting at the Village Hall, 357 Tequesta Drive, Tequesta, Florida on Thursday, December 1, 1988. The meeting was called to order at 5:30 P.M. by Mayor Ron T. Mackail and a roll call was taken by the Village Clerk. Councilmembers present were William E. Burckart, Joseph N. Capretta, Earl L. Collings, Vice-Mayor Edward C. Howell, and Mayor Ron T. Mackail. Village Officials present were: Thomas G. Bradford, Village Manager; Wendy K. Harrison, Administrative Assistant to the Village Manager; John C. Randolph, Esq., Village Attorney; Department Heads, and Bill C. Kascavelis, Finance Director/Clerk. II. Vice-Mayor Edward C. Howell gave the Invocation and led those in attendance to the Pledge of Allegiance to the American Flag. III. APPROVAL OF AGENDA A) The Village Manager requested that the agenda be amended to include Item VII C, "An Application for a Site Plan Review received from Bank Atlantic, an out-parcel at County Line Plaza." B) The Village Manager requested discussion of a letter to the Palm Beach County League regarding voting matters, under Item X, ANY OTHER MATTERS. C) Councilmember Burckart discussed at the last Management Council, wh OTHER MATTERS. Councilmember Collings Capretta, "to approve the motion was: stated that he would review matters meeting of the Loxahatchee River ich he attended, under Item X, ANY moved, seconded by Councilmember the Agenda as amended." The vote on William E. Burckart - for Edward C. Howell - for Ron T. Mackail - for Joseph N. Capretta - for Earl L. Collings - for the Agenda was therefore approved as amended. Village Council Meeting Minutes December 1, 1988 Page Two - -------------------- IV. PUBLIC HEARINGS A) The Village Attorney read by title the second reading of Ordinance No. 379, "AN ORDINANCE OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING ZONING ORDINANCE N0. 355, AS AMENDED, BY AMENDING SECTION IV, DEFINITION; SECTION 7, SCHEDULE OF USE REGULATIONS, BY ADDING AN ADDITIONAL SPECIAL EXCEPTION USE TO THE "C-2" COMMUNITY COMMERCIAL DISTRICT AND AN ADDITIONAL PERMITTED USE TO THE "C-3" GENERAL COMMERCIAL DISTRICT; SECTION 8, OFF-STREET PARKING AND LOADING REGULATIONS, PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE." The Village Manager reviewed the revisions to the Ordinance provisions which were made at the previously held first public hearing. Upon completion of the Village Manager's review, Mayor Mackail requested that the Village Attorney read the Ordinance in entirety denoting all additions and revisions, which would enable those in attendance who had • concerns of the Ordinance provisions to have full knowledge of the Ordinance being considered for adoption. Upon completion of the reading of Ordinance No. 379, Mayor Mackail opened the floor for discussion of the Ordinance provisions. During the discussions Councilmember Collings expressed concern that generic terms should be used throughout the Ordinance which would prohibit the use of the facility for a used car dealership as a primary purpose. Councilmember Capretta and Vice - Mayor Howell expressed concern for providing a density ratio which would reduce the visibility of automobiles displayed from U.S. Highway One traffic, by reducing the number of automobiles to be displayed on the front line or by requiring additional landscaping. Councilmember Capretta and Vice-Mayor Howell also expressed concerns that various sections of the Ordinance as written were too prohibitive and would discourage potential annexations into the Village. Upon the recommendation of Councilmember Capretta, Council reviewed and amended numerous provisions of the Ordinance as drafted. The Mayor requested the Village Council to heed the advice of the Village Attorney and postpone first reading until December 15th. The Mayor then announced that the public hearing would be continued at the December 15, 1988 Council Meeting, at which time the Ordinance would be read for the second and final reading. • Village Council Meeting Minutes December 1, 1988 Page Three - --------------------------------- Councilmember Collings moved, seconded by Councilmember Capretta, "to approve the first reading of Ordinance No. 379 as amended orally at this evening's meeting." The vote on the motion was: William E. Burckart Edward C. Howell Ron T. Mackail Joseph N. Capretta Earl L. Collings the motion therefore passed Ordinance No. 379 was adopted. - for - for - against - for - for and the first reading of The Village Attorney was directed to revise the Ordinance draft as amended. Note: a copy of Ordinance No. 379 and a revised copy of Ordinance No. 379 containing amendments adopted at this evening's meeting are attached to these minutes for informational purposes. B) Mr. David Sullivan, agent of Coachman Inns of America, Inc., reviewed a request for a Special Exception Use for the construction of a 113 unit hotel, consisting of a three- building complex within the C-2 Commercial Zoning District of the Village. Mr. Sullivan also reviewed the Site Plan Review application of the proposed hotel complex, and also noted that the proposed site plan had recently been approved by the Village Community Appearance Board. 1) Upon completion of the review, Councilmember Collings moved, seconded by Councilmember Capretta "to approve the Application for Special Exception Use received from Coachman Inns of America, Inc., as requested." The vote on the motion was: William E. Burckart Edward C. Howell Ron T. Mackail Joseph N. Capretta Earl L. Collings - for - for - for - for - for the motion therefore passed and the Special Exception Request was adopted. • Village Council Meeting Minutes December 1, 1988 Page Four - -------------------------------- 2) Councilmember Collings moved, seconded by Councilmember Capretta "to approve the Site Plan Review Application received from Coachman Inns of America, Inc., for the 113 unit hotel as submitted, subject to the following conditions: 1. "that all present and future utilities including power transmission lines to the hotel be placed underground, 2. that the Village be provided with a landscaping survivability bond in the amount of 125$ of the estimated landscaping cost, 3. that the existing billboard located on the property be removed." The vote on the motion was: . William E. Burckart _ Edward C. Howell for for Ron T. Mackail - for Joseph N. Capretta - for Earl L. Collings - for the motion therefore passed and the Site Plan Review Application for the 113 unit hotel consisting of a three- building complex for Coachman Inns of America, Inc., was adopted. V. APPROVAL OF MINUTES AND REPORTS A) Vice-Mayor Howell moved, seconded by Councilmember Capretta, "to approve as submitted the Village Council Meeting Minutes for the meeting held November 17, 1988, the Village Manager's Report covering the period November 14 through November 25, 1988, and the Village Council Workshop Meeting Minutes of the November 21, 1988 meeting." The vote on the motion was: William E. Burckart - for Edward C. Howell - for Ron T. Mackail - for Joseph N. Capretta - for Earl L. Collings - for • Village Council Meeting Minutes December 1, 1988 Page Five - -------------------------------- the motion therefore passed and the Minutes were adopted. VI. COMMUNICATIONS FROM CITIZENS A) None VII. DEVELOPMENT MATTERS A) Mr. Jonathan R. Knapp, contractor, Complete Service Company of Lake Worth, discussed the Site Plan Review for a T.V. Satellite Dish for Nicole's Restaurant located at 157 U.S. Highway One. Councilmember Collings questioned the elevation and visibility of the proposed installation. Mr. Knapp noted that the polar axis design of satellite dishes eliminates any increase in the height of the dish regardless of the azimuth of the signal setting. • Upon completion of the review, Councilmember Collings moved, seconded by Councilmember Capretta, "to approve the Site Plan Review for the Satellite Dish Application for Nicole's Restaurant, Inc., 157 U.S. Highway One, with the condition that the installation will not be visible from the center of U.S. Highway One or closer to this site. If the foregoing conditions are not met, the installation shall be removed or a buffer technique acceptable to the Village Council and landlord will be required." The vote on the motion was: William E. Burckart - for Edward C. Howell - for Ron T. Mackail - for Joseph N. Capretta - for Earl L. Collings - for the motion therefore passed and the Site Plan was adopted. B) Mr. Mark Pantlin, owner, County Line Plaza, presented a Site Plan Review for a Satellite Dish Application for K-Mart Department Store, 500 U.S. Highway One. Upon completion of the review, Councilmember Collings moved, seconded by Vice- Mayor Howell, "to approve the Site Plan Review for the Village Council Meeting Minutes December 1, 1988 Page Six - -------------------------------- Satellite Dish Application U.S. Highway One, with installation will not be Highway One or closer to conditions are not met, the a buffer technique accept; landlord will be required." Edward C. Howell Ron T. Mackail Joseph N. Capretta Earl L. Collings for K-Mart Department Store, 500 the understanding that the visible from the center of U.S. the site. If the foregoing installation shall be removed or able to the Village Council and The vote on the motion was: - for - for - for - for the motion therefore passed and was adopted. Note: Councilmember Burckart did not vote on the motion and indicated that he would file a Conflict of Interest Form concerning the issue. n LJ C) Mr. Mark Pantlin, owner, County Line Plaza, presented the Site Plan Review for Bank Atlantic to be constructed on an out-parcel at County Line Plaza. Upon completion of the review, Councilmember Collings moved, seconded by Councilmember Capretta, "to approve the Site Plan Review proposed for Bank Atlantic at County Line Plaza as presented, subject to the following conditions: 1. "that all present and future utilities, including power transmission lines, be installed underground, 2. that a landscaping survivability bond in the amount of 125% of the landscaping cost be provided the Village, 3. that the building permit issued for the project stipulate that construction shall not commence until the utilities located north of the proposed construction site at Coachman Inns are placed underground." The vote on the motion was: Village Council Meeting Minutes December 1, 1988 Page Seven - ------------------------------- Edward C. Howell - for Ron T. Mackail - for Joseph N. Capretta - for Earl L. Collings - for the motion therefore passed and Site Plan was adopted. Note: Councilmember Burckart did not vote on the motion and will file a Conflict of Interest Form regarding the matter. VIII.UNFINISHED BUSINESS A) The Village Attorney read by title the second reading of Ordinance No. 378, "AN ORDINANCE OF THE VILLAGE OF TEQUESTA, FLORIDA, ANNEXING A CERTAIN PARCEL OF LAND TO THE TERRITORIAL LIMITS OF THE VILLAGE OF TEQUESTA." The proposed annexation parcel consists of a 2.46 acre site located west of U.S. Highway One, immediately north of the recently annexed Coachman Inns of America property. During a discussion of the proposed annexation, the property owner, Mr. Robert A. Walsh, assured Council he was desirous of the annexation into the Village. Councilmember Collings moved, seconded by Councilmember Capretta, "to adopt the second reading of Ordinance No. 378 as presented." The vote on the motion was: William E. Burckart - for Edward C. Howell - for Ron T. Mackail - for Joseph N. Capretta - for Earl L. Collings - for the motion therefore passed and the second reading of Ordinance No. 378 was adopted. IX. NEW BUSINESS Village Council Meeting Minutes Decemberl, 1988 Page Eight - -------------------------------- A) The Village Manager reviewed a memorandum requesting Authorization to Execute an Agreement for Services with JLH Associates for Professional Planning Services which would provide a flexible means for the Building Department to secure professional services during this time of heavy community development activity without hiring full-time staff personnel. Mr. Bradford further noted that Jack Horniman, President of JLH Associates, previously provided the planning services necessary for the Village's current Comprehensive Plan and, as such, is familiar with the Village Planning and Zoning Regulations. Mr. Bradford introduced Mr. Horniman to the Council, and after a brief discussion, Councilmember Collings moved, seconded by Councilmember Capretta, "to authorize the Village Manager to execute an agreement with JLH Associates for Professional Planning Services, as requested." The vote on the motion was: William E. Burckart - for Edward C. Howell - for Ron T. Mackail - for Joseph N. Capretta - for Earl L. Collings - for the motion therefore passed and was adopted. B) The Village Attorney read by title the first reading of Ordinance No. 380, "AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING APPENDIX B, SUBDIVISION REGULATIONS, AND ARTICLE V RELATING TO IMPROVEMENTS PRE-REQUISITE TO FINAL APPROVAL BY PROVIDING AN ADDITIONAL SECTION 11 WHEREBY ALL UTILITIES, EXISTING AND PROPOSED, SHALL BE PLACED UNDERGROUND, THEREBY PROVIDING ADDITIONAL REQUIREMENTS FOR FINAL PLAT APPROVAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE." Upon completion of the reading, Councilmember Burckart moved, seconded by Councilmember Capretta, "to adopt the first reading of Ordinance No. 380, as presented." The vote on the motion was: Village Council Meeting Minutes December 1, 1988 Page Nine - ------------------------------- William E. Burckart Edward C. Howell Ron T. Mackail Joseph N. Capretta Earl L. Collings - for - for - for - for - for the motion therefore passed and the first reading of Ordinance No. 380 was adopted. C) The Village Manager reviewed a draft of Ordinance No. 381, an Ordinance Amending Section 10 of the Official Zoning Ordinance of the Village of Tequesta, by adding Item T, Utility Services, requiring all utility service lines within any zoning district of the Village to be placed underground upon development of said property. The provision shall also apply to all new construction as well as any renovation, restoration, or construction activity to an existing structure wherein the said renovation, restoration, or construction activity value is greater than 50$ of the assessed value of the existing structure. The Ordinance further stipulated that compliance with the intent of this regulation shall be a pre-requisite to the issuance of a building permit by the Building Official. Upon completion of a brief discussion of the proposed legislation, Councilmember Capretta moved, seconded by Councilmember Burckart, "that the Village Manager proceed with the advertisement of the proposed Ordinance as drafted." The vote on the motion was: William E. Burckart - for Edward C. Howell - for Ron T. Mackail - for Joseph N. Capretta - for Earl L. Collings - for the motion therefore passed and was adopted. Village Council Meeting Minutes December 1, 1988 Page Ten - -------------------------------- X. ANY OTHER MATTERS i• A) Councilmember Burckart reported he attended the November meeting of the Loxahatchee River Management Cordinating Council which was rather uneventful. He stated the County was scheduled to review the proposed County Comprehensive Plan which is still pending completion, and particulars of the County Road Ordinance that was recently adopted by referendum which also has not been finalized. B) The Village Manager reported that he attended the last meeting of the Palm Beach County Municipal League on behalf of Council's Designated Representative. Mr. Bradford noted for lack of a letter on file authorizing him to vote in the absence of the designated representative, he was not permitted to vote on issues on behalf of the Village. Accordingly, Mr. Bradford requested Council's authorization to notify the Palm Beach County Municipal League by letter, that he was designated to vote in the absence of Tequesta designated representatives. Council approved the request. C) Councilmember Capretta questioned the status of the Village Sign Ordinance which was referred to the Finance and Administration Committee of Council. Mr. Bradford responded that the Committee Chairman, Councilmember Collings, had held Committee Meetings and provided him with recommended changes to the Ordinance. Mr. Bradford further noted that the revised draft of the Ordinance was near completion and Member Collings would review the final draft and review the recommended changes with the Community Appearance Board prior to proposing the final Ordinance Draft to Council for consideration and adoption. Mr. Bradford also noted that the final draft of the proposed legislation to amend the Sign Ordinance, would appear as an item for the December 15, 1988 Council Meeting. Councilmember Capretta also questioned the status of the proposed Code Enforcement Board which was also assigned to the Finance and Administration Committee of Council. Mr. Bradford responded that he had secured a tape detailing the functions of a Code Enforcement Board and • Village Council Meeting Minutes December 1, 1988 Page Eleven - -------------------------------- would forward the tape to Councilmember Collings for his review prior to scheduling a Committee Meeting to discuss and review the proposal. D) Councilmember Burckart requested a status report of a proposed Ordinance Draft requiring issuance of permits by the Building Department prior to the clearing of land within the Village by developers. After a brief discussion of the issue, Councilmember Burckart moved, seconded by Councilmember Colings, "that the Village Manager review the issue and draft an Ordinance requiring the issuance of a permit from the Village prior to the clearing of any undeveloped land within the Village." The vote on the motion was: William E. Burckart - for Edward C. Howell - for Ron T. Mackail - for Joseph N. Capretta - for Earl L. Collings - for the motion therefore passed and was adopted. There being no other matters before the Council, the meeting was adjourned at 8:35 P.M. Respectfully submitted, ,..~ r ;;~ tip,- 5,~.~Vf . Bill C. Kascavelis Finance Director/Clerk BCK/jmm Enclosures DATE APPROVED: December 15, 1988 ~~ FORM 4 MEMORANDUM OF VOTING CONFLICT LAST NAME-FIRST NAME-MIDDLE NAME BURCKART WILLIAM EDWARD WI ICIOI SERVEOIS A UINITOF:MISSION, AUTHORITY, OR COMMITTEr; ON MA ~ ADDRESS CHAPEL CT . C~CITY O COUNTY O OTHER LOCAL AGENCY D STATE CITY COUNTY TEQUESTA PALM BEACH NAME OF POLITICAL SUBDIVISION OR STATE AGENCY DATE ONWIIICFIVOTEOCCURRED VILLAGE COUNCIL `, Z: - I - ~?-~ VILLAGE OF TEQUESTA NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE 3 57 TEQUESTA DR. VILLAGE COUNCIL TEQUESTA, FLA. WHO MUST FILE FORM 4 This form is for use by any person serving on either an appointed or elected board, council, commission, authority, or committee, whether state or local, and it applies equally to members of advisory and non-advisory bodies who are faced with a voting conflict of interest. As the voting conflict requirements for public officers at the local level differ from the requirements for state officers, this form is divided into two parts: PART A is for use by persons serving on local boards (municipal, county, special tax districts, etc.), while PART B is prescribed for all other boards, i.e., those at the state level. PART C of the form contains instructions as to when and where this form must be filed. • PART A VOTING CONFLICT DISCLOSURE FOR LOCAL PUBLIC OFFICER`;« [Required by Section 112.3143(3), Florida Statutes (Supp. 1984).] The Code of Ethics for Public Officers and Employees PROHIBITS each mu»icipal, county, and other local public officer FROM VOTING in an official capacity upon any measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting in his official capacity upon any measure which inures to the special gain of any principal (other than a government agency as defined in Section 112.312(2), Florida Statutes) by whom he is retained. In any such case a local public officer must disclose the conflict: (a) PR!n;q TO THE VOTE BEING TAKEN by publicly stating to the assembly fire nature of his interest in the matter on which he is abstaining from voting; and (b) WITHIN 15 DAYS AFTER THE VOTE OCCURS by describing the nature of his interest as a public record in this part below. NOTE: Commissioners of a Community Redevelopment Agency created or designated pursuant to Section 163.356 or Section 163.357, Florida Statutes (Supp. 1984), or officers of independent special tax districts elected on aone-acre, one-vote basis are not prohibited from voting. In such cases, however, the oral and written disclosure of this part must be made. 1, the undersigned local public officer, hereby disclose that on (a) 1 abstained from voting on a matter which (check one): inured to my special private gain; or XX inured to the special gain of PANTLIN ASSOCIATES 19 ~~`~ . . 8~i+7frY r`~~I~r~t~i I~I~d . SEE "b" ON REVERSE CE FORM 4 -REV. 10-84 PAGE - The measure on which 1 abstained and the nature of my interest in the measure is as follows: ~L~. iJ _ S iT~ '~L ~I~e ?~~~; I ~t.s,,~ `,:r ~T ~Ll_.l S`t ~ 1 ~ M ~s2 ~{ -.-\}~V~I- I WAS THE REAL ESTATE BROKER 44H0 HANDLED THE LAND SALE AND WAS PAID A COA~'IISSION BY PANTLYN ASSOCIATES, OWNER OF THE SHOPPING CENTER WHERE THE ABOVE MEASURE WILL TAKE PLACE. to Filed Signature file this form. I ase see PART C for instructions on when and where to , PART B VOTING CONFLICT DISCLOSUAE FOR STATE OFFICERS ~ ~ • [Required by Section 112.3143(2), Florida Statutes (Supp. 1984).) • ~h state public officer is permitted to vote in his official capacity on any matter. However, any state officer who votes in his official ~acity upon any measure which inures to his special private gain or the special gain of any principal by whom he is retained is required disclose the nature of his interest as a public record in Part B below within 13 days after the vote occurs. I, the undersigned officer of a state agency. hereby disclose that on + 19 ' I voted on a matter which (check one): inured to my special private gain; or inured to the special gain of 1 The measure on which 1 votcd and the nature of my interest in the measure is as follows: by whom 1 am retained. Ite Filed Signature :ase sce FART C below for instructions on when and where to file this form. PART C • FILING INSTRUCTIONS its memorandum must be filed within fifteen (15) days following the meeting during which the voting conflict occurred with the person ;ponsible for recording the minutes of the mecting, who shall incorporate the memorandum in the meeting minutes. This form need not filed merely to indicate the absence of a voting conflict. • ITICE: UNDER PROVISIONS OF FLORIDA STATUTES6112.317(19fl3). ~ FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY PUNISFIED BY ONE OR MORE OF TFIE FOLLOWIS`1G: IMPEACIIMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, :MOTION, REDUCTION IN SALARY, REPRIMAND, QR A CIVIL PENALTY NOT TO EXCEED SS,000. FORM 4 MEMORANDUM OF VOTING CONFLICT AST NAME-FIRST NAME-MIDDLE NAME TfIE BOARD, COUNCIL.,COMMISSION, AUTHORITY, OR COMMITTEE ON BURCKART WILLIAM EDWARD WIIICII I SERVE IS A UNITOF: ~A ~ ADDRESS CHAPEL CT . [CITY O COUNTY O OTHER LOCAL AGENCY ^ STATE 'ITY COUNTY TEQUESTA PALM BEACH NAME OF pOLIT1CAl SUBDIVISION OR STATE AGENCY )ATE ON WHICH VOTE OCCURRED VILLAGE COUNCIL I G ~ 1 _ ~~ VILLAGE OF TEQUESTA SAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE 3 5 7 TEQUESTA DR. VILLAGE COUNCIL TEQUESTA, FLA. WHO MUST FILE FORM 4 This form is for use by any person serving on either an appointed or elected board, council, commission, authority, or committee, whether state or local, and it applies equally to members of advisory and non-advisory bodies who are faced with a voting conflict of interest. As the votiing conflict requirements for public officers at the local level differ from the requirements for state officers, this form is divided into two parts: PART A is for use by persons serving on local boards (municipal, county, special tax districts, etc.), while PART B is prescribed for all other boards, i.e., those at the state level. PART C of the form contains instructions as to when and where this form must be filed. . PART A VOTING CONFLICT DISCLOSURE FOR LOCAL PUBLIC OFFICERS [Required by Section 112.3143(3), Florida Statutes (Supp. 1984).] The Code of Ethics for Public Officers and Employees PROHIBITS each municipal, county, and other local public oJf+cer FROM VOTING in an official capacity upon any measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting in his official capacity upon any measure which inures to the special gain of any principal (other than a government agency as defined in Section 112.312(2), Florida Statutes) by whom he is retained. In any such case a local public officer must disclose the conflict: (a) PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of his interest in the matter on which he is abstaining from voting; and (b) WITHIN IS DAYS AFTER THE VOTE OCCURS by describing the nature of his interest as a public record in this part below. NOTE: Commissioners of a Community Redevelopment Agency created or designated pursuant to Section 163.356 or Section 163.357, Florida Statutes (Supp. 1984), or officers of independent special tax districts elected on cone-acre, one-vote basis are not prohibited from voting. In such cases, however, the oral and written disclosure of this part must be made. ~~~. ~ ~19~ ~: I, the undersigned local public officer, hereby disclose that on (a) 1 abstained from voting on a matter which (check one): inured to my special private gain; or XX [nured to the special gain of PANTLIN ASSOCIATES . t~~'iiiflYe~9~i>xr~rYr~d• SEE "b" ON REVERSE PAGEI CE FORM 4 -REV. 10-84 (b) Ttie measure on which 1 abstained and the nature of my interest in the measure is as follows: 4~ ~ - ~ l'~-`C rJL. ~ Iv ' i'Z~ L+ l `~ ~~} t=-'G 'tom 13':}J<' k ;`(1 1-~i ~• I 1 ('. j C ~. ~-' t`' (•~~ ~ i ~1 I WAS THE REAL ESTATE BROKER WHO HANDLED THE LAND SALE AND WAS PAID A COAI~4ISSION BY PANTLIN ASSOCYATES, OWNER OF THE SHOPPING CENTER WHERE THE ABOVE MEASURE WILL TAKE PLACE. 1L.. Date Filed Signature re to file this form. Please sec PART C for instructions on when and whe • PART B ,VOTING CONFLICT DISCLOSURE FOR STATE OFFICERS [Required by Section 112.3143(2), Florida Statutes (Supp. 1984).] Each state public officer is permitted to vote in his official capacity on any matter. However, any state officer who votes in his official capacity upon any measure which inures to his special private gain or the special gain of any principal by whom he is retained is required to disclose the nature of his interest as a public record in Part B below within tS days after the vote occurs. I, the undersigned officer of a state agency, hereby disclose that on ~ 19 ' (a) I voted on a matter which (check one): inured to my special private gain; or inured to the special gain of ` , by whom 1 am retained (b) The measure on which 1 voted and the nature of my interest in the measure is as follows: Date Filed Signature Plcase see FART C below for instructions on when and where to file this form. PART C FILING INSTRUCTIONS This memorandum must be filed within fifteen (15) days following the meeting during which the voting conflict occurred with the person responsible for recording the minutes of the meeting, who shall incorporate the memorandum in the meeting minutes. This form need not be Gled merely to indicate the absence of a voting conflict. NOTICE: UNDER PROVISIONS OF FLORIDA STATUTESQ 112.317 (1983). A F' AILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY DE PUNISFIED DY ONE OR MORE OF TFFE FOL.LOWI`NG: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, QR A CIVIL PENALTY NOT TO EXCEED SS.000. ..' ' GEE & JENSON Engineers-Arch itects- Planners,inc. Mr. Thomas Bradford Village of Tequesta P.O. Box 3273 Tequesta, FL 33469 September 30, 1988 Re: Tequesta Drive and Riverside Drive Intersection Improvements Dear Tom: ~,~~ /~ ` ~cT '~"~'-%,~qo,~ '%. ~'~~, s,q `1 i CFF ~F~~ ~ Q4~~ ~cF s' `~ ~ __ i /rU t i y In discussions with Palm Beach County Traffic Division, it has been brought to our attention that a turn lane (right turn lane from the west to go south) will not be required. The attached sketch shows the proposed layout without this turn lane. Also, for your review is a revised construction cost estimate and proposal for performing these services. If you should have any questions, please call. TCJ/rrr Attachments cc: Ed Burns Gary Preston 21-634 S Very truly yours, GEE & JENSON Engineers-Architects-Planners, Inc. - ~ Gc/ Thomas ensen, P.E. Manager and Development One Harvard Circle P O. Box 24600 West Palm Beach, Florida 33416-4600 407/683-3301 Telex 513472 G&J WPB 60 r ~" F. P. L ~ ~ • W POLE Z 0 ~ POWER W z ~ i SOURCE W DELAY/ ~ J NORMAL ~ 3 CI: ~ W P P2 O ~ O P2 \ B P P ~ cur ~ E 8 O WIRE $ wURE P R/W LINE CoONTRonvERi~ ~5.8.T ~ 4 ~ O CO ~_ -- ~ Box Poi:E - K/W LINE S.B.T proDO~~d MAN HOLE •F'PL POLE 2„ CONDUG;OUNO A C ~ >~ a ~ a ~ v POLE to b• nmor~d C ADVANCE LOOP LEAQ-iN WIRE L6A (NORMAL) 2~~ UNDERGROUND CONDUIT R/W LINE ' P O~ ~,,, P Ps O a 0 a L.P.C -18r © O O POLE to b~ nmo •d I O WI Z J~ 1 3 60 r _~ T 2° UNDERGROUND CONDUIT A IN ADVANCE LOOP LEAD-IN WIRE L2A (NORMAL) a C TEQUESTA DR. 2" UNDERGROUND CONDUIT r ~ R/W LINE O D ~O 4 P6 P ~~ ~2 DELAY/ J NORMAL 3 S PR~I,LM[N~~~Y ESTIMATE • VILLAGE OF TEQUESTA TEQUESTA DRIVE & RIVERSIDE DRIVE PAVING & DRAINAGE IMPROVEMENTS ITEM DESCRIPTION QUANTITY UNIT Sheet 1 of 1 Job No. 88-037 By E.B. Date 9/3/88 Checked ~_ UNIT ESTIMATED COST COST CONSTRUCTION 1. Existing Pavement Repairs 1 2. Asphalt Course Overlay 1,000 3. Pavement Markings 1 4. Cover Existing C.B. 1 5. New Curb Inlet 1 6. New Curb & Gutter 600 7. New Valley Gutter 50 8. New Bike Path 150 9. New Sodded Areas 200 10. Handicap Accesses 100 11. Demolition of Trees & Construction Debris 1 • Subtotal Mobilization and Demobilization Overhead and Profit Bond Subtotal Contingency Engineering TOTAL PROJECT COST LS 5 500.00 SY 5 3.50 LS ~ 200.00 EA ~ 250.00 EA 51 ,000.00 LF 5 7.00 LF 5 6.00 SY 5 5.00 SY 5 3.00 SF 5 3.00 LS S 500.00 1 LS 15 ~, 2 % 10 ~o 52,000.00 ~ 500.00 5 3,500.00 5 200.00 5 250.00 5 1,000.00 5 4,200.00 5 300.00 $ 750.00 5 600.00 5 300.00 5 500.00 512,100.00 5 2,000.00 S 2,955.00 5 455.00 517,510.00 5 1,751.00 5 5,150.00 524,411.00 C~ GEE & JENSON E~~~ i veers-Architects- Pc~ners, Inc. Village of Tequesta P.O. Box 3273 Tequesta, FL 33469 September 12, 1988 Revised September 30, 1988 Attn: Mr. Thomas Bradford, Village Manager Re: Tequesta Drive and Riverside Drive Intersection Improvements Gentlemen: We are pleased to submit the following proposal for professional services in connection with preparing design drawings and specifications for intersection improvements at Tequesta Drive and Riverside Drive. Gee & Jenson Engineers-Architects-Planners, Inc., hereinafter referred to as the Engineer, proposes to furnish professional services for the Village of • Tequesta, hereinafter referred to as the Client of the scope outlined below for the fees stipulated herein. Scope of Services The Engineer will perform the following: 1. Prepare design drawings and specifications setting forth the requirements for construction which will include the following: a. Relocation of two (2) drainage structures. b. Curb and gutter of the intersection corners. 2. Provide surveying services to define existing field conditions. 3. Attend one (1) meeting with the Client to discuss the design concept. 4. Prepare permit support documents for the Client submittal to the regulatory agencies. 5. Prepare a construction cost estimate based upon the design drawings. 6. Assist the Client in receiving bids and the recommendation of award. r. Cie Harvard Circle P. 0. Box 24600 West Palm Beach, Florida 33416-4600 407/683-3301 Telex 513472 G&J WPB • Village of Tequesta Attn: Mr. Thomas Bradford September 12, 1988 - Page 2 Revised September 30, 1988 7. Review shop drawings as submitted by the Contractor for conformance with the design concept. 8. Provide engineering and construction observation services during construction of the project. 9. Prepare record drawings based on information provided by the Contractor. NOTE: Scope of Services does not include signalization or landscaping. It is also assumed that any existing utilities, besides storm drainage, will not be in conflict which may require relocation. Additional services mutually agreed upon. Items to be Furnished by Client • At No Expense to the Engineer Assist Engineer by furnishing, at no cost to the Engineer, all available pertinent information including previous reports and any other data relative to performance of the above services for the project. Designate in writing a person to act as the Client's representative with respect to the services to be performed under this Agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define the Client's policies and decisions with respect to materials, equipment, elements and systems pertinent to the Engineer's services. Please note special conditions for invoicing items necessary to perform the services, that are ordered or purchased by the Engineer which should be furnished by the Client under section "Fees to be Paid". Time of Performance Items 1 through 6 of the Scope of Services will be completed within thirty (30) calendar days after receipt of Notice to Proceed except for delays beyond the control of the Engineer. Items 7 through 9 of the Scope of Services will be completed commensurate with the construction schedule which is estimated to be forty-five (45) calendar days. J GCE Sc ~IEN$~N G~gineers-A:cn,tecs-P~a~ne~s..cc Village of Tequesta Attn: Mr. Thomas Bradford September 12, 1988 - Page 3 Revised September 30, 1988 Fees to be Paid For Items 1 through 6 of the Scope of Services the Engineer shall be paid a lump sum fee of Three Thousand Six Hundred and no/100 Dollars ($3,600.00). For Items 7 through 9 of the Scope of Services the Engineer shall be paid a fee equal to personnel costs times a factor of 2.40. We estimate the cost of Scope Items 7 through 9 to be One Thousand Five Hundred Fifty and no/100 Dollars ($1550.00). It should be emphasized that this estimate is for budget purposes only and should not be considered a guaranteed amount. In addition to the fees specified above, the Engineer shall be reimbursed for direct nonsalary expenses, including, but not limited to, data processing, equipment rental, automobile travel at $0.27 per mile, $0.49 per mile for four-wheel drive . and trucks, long distance telephone, subsistence, printing and reproduction, plus Florida sales taxes, if applicable. Invoices for services rendered are prepared monthly and are due and payable within twenty-one (21) days from date of invoice. Payments which are not received within sixty (60) calendar days from the date of invoice will be considered sufficient cause for Engineer to discontinue performing and providing services until payment in full is received. If Engineer is required to take action to collect past due invoices the Client will pay all legal fees and costs. Should a court decide upon payment of these invoices the prevailing party shall receive payment of the Attorney's fees. This contract shall be governed by the laws of the State of Florida, and the appropriate venue for any actions arising out of the agreement would be West Palm Beach, Florida. If there are items that must be sublet, confirmed, certified or updated, the Engineer shall order the work with the Client's approval, and the subcontractor shall bill the Client directly. The Client must make payments in accordance with the terms on the invoice in order not to stop the work. If the Engineer is directed by the Client to handle the subcontract for the Client there will be a fifteen (15) percent charge for handling. The invoice must be paid within ten (10) days. i GCE & JE~S~3N _~,g;~ea~s-Architects-F~ar~ne~s. ir,c • Village of Tequesta Attn: Mr. Thomas Bradford September 12, 1988 - Page 4 Revised September 30, 1988 Resident Pro.iect Services On any project for which construction drawings and specifications were prepared by the Engineer and a certification of construction is required by a regulatory agency, the Client shall employ the Engineer to perform resident project services for observation of the construction work. Unless the Engineer is engaged for resident project services, they will not be in a position to certify the work to those regulating agencies having jurisdiction and requiring certification. Project representation may require one or more full or part-time project representatives, depending upon the requirements of the project. The project representative will endeavor to provide protection for the Client against defects and deficiencies in the work of the Contractor. However, the furnishing of resident project services does not guarantee the work of the Contractor, nor assume liability on the part of the Engineer for job safety or the performance of the Contractor. Estimates Since the Engineer has no control over the cost of labor and materials or over competitive bidding and market conditions, the estimates of construction cost provided for herein are to be made on the basis of experience and qualifications. Accordingly, the Engineer does not guarantee the accuracy of such estimates when compared to the Contractors' bids or the project construction cost. Termination This Agreement may be terminated by either party by giving thirty (30) days advance written notice. The Engineer shall be paid for services rendered to the date of termination on the basis of a reasonable estimate of the portion of services completed prior to termination and shall be paid for all reasonable expenses resulting from such termination and for any unpaid reimbursable expenses. ~J GEE & JEt~EOM _~.,a.~~P.~~c.~r,,,~~~s-p~d.,~e-~ ;~~ • Village of Tequesta Attn: Mr. Thomas Bradford September 12, 1988 - Page Acceptance proposal returned to the Engineer will serve as an Agreement between the two parties and as Notice to Proceed. This contract will be binding on the parties hereto and the parties' successors and assigns. Should this proposal not be accepted within a period of sixty (60) days from the above date, it shall become null and void. Acceptance of this proposal may be indicated by the signature of a duly authorized official of the Client in the space provided below. One signed copy of this Very truly yours, GEE & JENSON Engineers-Architects-Pl ers, Inc. w ssell C. a ick, P. . Senior Vice President Thor~as ,C". Jensen, P.E. Ma ~ r, Land Development i Accepted by: VILLAGE OF TEQUESTA By Date: RCD/TCJ/wp cc: Addressee Proposal No. 21634 GEE & JENSON Engineers, Architects, Planners, Inc.