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HomeMy WebLinkAboutMinutes_Regular_01/12/1988 VILLAGE OF TEQUESTA Post Office Box 3273 • 357 Tequesta Drive Tequesta, Florida 33469-0273 • (305) 746-7457 VILLAGE OF TEQUESTA COUNCIL MEETING MINUTES JANUARY 12, 1988 I. The Tequesta Village Council held a regularly scheduled Council Meeting at the Village Hall, 357 Tequesta Drive, Tequesta, Florida, on Tuesday, January 12, 1988. The meeting was called to order at 7:05 P.M. by Mayor Carlton D. Stoddard, at which time he publicly announced the death of Mrs. Edwin J. Nelson and the date and time of scheduled calling hours and funeral services. A roll call was taken by the Acting Deputy-Village Clerk. Councilmembers present were: Carlton D. Stoddard, Mayor; Edward C. Howell, Vice- Mayor; Earl L. Collings and Ron T. Mackail. Councilmember Edwin J. Nelson was excused. Village Officials present were: Thomas G. Bradford, Village Manager; John C. Randolph, Esq., Village Attorney, Thomas C. Hall, Water System Manager; Bill C. Kascavelis, Finance Director/Clerk, Wendy K. Harrison, Administrative Assistant and Kimberly R. Bodinizzo, Administrative Secretary. • II. Councilmember Earl L. Collings gave the invocation and led those in attendance to the Pledge of Allegiance to the American Flag. III. APPROVAL OF AGENDA At the request of the Village Manager, Agenda Item VII.-A, pertaining to the procedures of the Community Appearance Board, was revised to be discussed at the beginning of the agenda. Mayor Stoddard made several announcements of interest to the residents, including an invitation to the Arbor Day Planting of two new trees, donated by Travelers Palm Garden Club, at Constitution Park on January 15, 1988 at 2:30 P.M. The Mayor also announced that Bill Wagner, Chairman, Zoning Board of Adjustment, was ill and has been admitted to Jupiter Hospital. IV. APPROVAL OF MINUTES AND REPORTS A & B) The minutes of the Village Council Workshop Meeting and Village Council Meeting held on December 8, 1987, were approved as submitted upon a motion by Vice-Mayor • Howell that was seconded by Councilmember Mackail. The vote of the motion was: Council Meeting Minutes January 12, 1988 Page 2- ----------------------- Carlton D. Stoddard Edward C. Howell Earl L. Collings Ron T. Mackail - for - for - for - for the motion therefore passed and the Workshop Minutes and Council Meeting Minutes were adopted. C) The Village Manager's Report covering the period of December 7, 1987 through January 8, 1988, was approved as submitted. V. COMMUNICATIONS FROM CITIZENS A) Robert Sattley Mr. Robert Sattley of One Westwood Avenue, Tequesta, addressed Council with two concerns; the location of the Boy Scout dumpster and planned road improvements in Tequesta, specifically the need for a left-turn arrow signal at the intersection of U.S. Highway One and Tequesta Drive. Mr. • Sattley was assured that both of these concerns were being studied and that the Boy Scout dumpster location was an agenda item for tonight's meeting. B) Janet Gettig Mrs. Janet Gettig, a Community Appearance Board member, addressed Council regarding a letter received by the Community Appearance Board concerning renovations to the facade of Vic's Hardware located in the Tequesta Plaza. Mrs. Gettig indicated that the Community Appearance Board attempts to give direction to the community in order to enhance the overall appearance of shopping centers, signs, etc., in order to attain a homogeneous appearance. The Mayor noted that Mr. Falhaber, owner of Tequesta Plaza, has reviewed and approved the renovation as requested by Vic's Hardware and is of the opinion that the facade change would blend into the planned improvements for the shopping center. The Mayor suggested that the matter be reconsidered by the Community Appearance Board after they have been provided with information relative to Mr. Falhaber's planned • improvements and thanked Mrs. Gettig for addressing Council with her concerns. Council Meeting Minutes January 12, 1988 Page 3- ------------------------ VII. NEW BUSINESS (REVISED) A) Councilmember Collings requested that the Building Official report at each Council Meeting the action taken by the Community Appearance Board to enable Council to stay abreast of all Community Appearance Board activities and decisions. Village Manager Bradford concurred with Councilmember Collings' recommendation. Councilmember Collings read from the Village Code of Ordinances Section 7-6A, requiring visual harmony of building designs with surrounding structures thereafter questioning the previous authorization by Council of The Tequesta Financial Centre. During a discussion concerning architectural designs of buildings within the municipality, the Village Attorney indicated restrictive legislation is rather difficult to achieve by passage of ordinance because it is of a very subjective nature. • Mayor Stoddard noted that the Florida Statutes provide for Community Appearance Boards to deal with architectural design conflicts within the municipality. He also requested that the Village Manager review the minutes of previous Council Meetings to determine, if in fact, the Council did override the Community Appearance Board regarding the Tequesta Financial Centre. Upon conclusion of the discussion and the recommendation of Councilmember Collings, it was the consensus of Council that the Building Official should report on the activities of the Community Appearance Board at each regularly scheduled Council Meeting. VI. UNFINISHED BUSINESS A-1) Thomas C. Hall, Water System Manager, reviewed a memorandum to the Village Manager requesting water main modifications to the Heritage Oaks subdivision. Mr. Hall noted that upon acceptance of Heritage Oaks Water System into the Village System, that a review of the system by the Village failed to indicate that blow off valves required for proper maintenance of the system did not exist prior to acceptance of the system by the Village. He indicated that since the Village is the purveyor of water to customers of the • Heritage Oaks community he was concerned of the Village's liability pertaining to the quality of water provided, and accordingly recommended immediate attention to the water main modifications. Council Meeting Minutes January 12, 1988 Page 4- ------------------------ After a brief discussion of the issues concerning acquisition of the service area by the Village, Councilmember Mackail moved, seconded by Councilmember Collings, "to approve the recommendations of the memorandum received from the Village Manager and authorize execution of contracts with the consulting firm of Gee & Jenson Engineering, Inc. for engineering services in the amount of $10,000.00 and construction costs of $17,600.00, for a total cost of $27,600.00 for the Heritage Oaks Water Main Modification Improvement Project." The vote on the motion was: Carlton D. Stoddard - for Edward C. Howell - for Earl L. Collings - for Ron T. Mackail - for the motion therefore passed and was adopted. A-2) Mr. Hall reviewed a recommendation from Gee & Jenson • Engineering, Inc. for improvements to Well 8-R located on Cypress Drive, north of Tequesta Drive. Mr. Hall emphasized the need for additional water sources for the Village System, and indicated the addition of Well 8-R was estimated to provide 800-1,000 gallons of water per minute, or approximately 1,200,000 gallons per day. Mr. Hall also indicated that the ability to utilize different wells as the Village's primary source of water was necessary to provide better water quality and stabilize the water tables. Thomas Bradford, Village Manager, noted that the recommendation for improvement to Well 8-R had been previously approved by Council as a portion of the Water System Improvement Project budgeted for Fiscal Year 87/88. He indicated he was recommending addressing the matter separately from the Water System Expansion Project for the purpose of expediting the project. After a brief discussion, Councilmember Collings moved, seconded by Councilmember Howell, "to authorize the Village Manager to execute a contract for professional engineering services with Gee & Jenson Engineering, Inc. for the improvements to Well 8-R, per the engineer's proposal dated December 23, 1987." The vote on the motion was: Council Meeting Minutes January 12, 1988 Page 5- ----------------------- Ron T. Mackail - for Carlton D. Stoddard - for Edward C. Howell - for Earl L. Collings - for the motion therefore passed and was adopted. A-3) The Village Manager reviewed a proposal from Gee & Jenson, providing for engineering services for expansion of the Water Treatment Plant Improvement Project from the current capacity of 1.8 MGD to 2.7 MGD. Mr. Bradford reviewed the scope of services contained in the proposal and noted that Item 1-E should be revised to include Well 7-R and Well 23, and that Item G. be deleted from the proposal. Mr. Bradford noted that total engineering costs for the services proposed was $42,500.00. He also indicated that funding for the project had been included in the budget this year. Upon completion of a discussion of the particulars of the contract proposal, Councilmember Mackail moved, seconded by Councilmember Collings, "to authorize the Village Manager to execute contracts with Gee & Jenson Engineering, Inc. for the Water Treatment Plant Expansion Project, per the proposal as amended in a total amount not to exceed $42,250.00." The vote on the motion was: Carlton D. Stoddard - for Edward C. Howell - for Earl L. Collings - for Ron T. Mackail - for the motion therefore passed and was adopted. A copy of the Heritage Oaks Water Main Modification proposal, Well 8-R proposal, and the Water Treatment Plant Expansion proposal, are attached to and made a part of these minutes for informational purposes. B) Dr. Stanley Jacobs, Chairman, Planning Commission, presented a preliminary report regarding the Resource Recovery Facilities located within the Village. Dr. Jacobs reported that the Planning Commission ruled out visible sites as unacceptable, such as the present location at Lighthouse Plaza. Tequesta Park was considered to be too remote to the general population of the community. A property located behind Hardee's Restaurant, in the general area of the Tequesta Water Tower was deemed appropriate for further investigation, although required further study. of the post office on considered; however, the present an unsafe and egress to the area. ingress and egress to the area The Lone Star Cement property, west Old Dixie Highway was another site present 45 m.p.h. speed limit could hazardous situation for ingress and • Council Meeting Minutes January 12, 1988 Page 6- ----------------------- It was noted that the Reynolds Aluminum and Goodwill collection points were supervised. Dr. Jacobs expressed concern that since there would be no attendant at the Boy Scout collection site, several potential problems could occur. One being the possibility of littering which could lead to a fire hazard, and also a lack of sorting newspapers and magazines. The Mayor stated that in the City of Boca Raton the curb side collection service works well and discussed future possibilities of this type of resource collection for the Village of Tequesta. The Village Manager noted that within two to three years he anticipated all residents would be required to segregate their own trash and that ultimately the County would solve the collection problem. Mayor Stoddard suggested that Tom Bradford establish contact with Ronald Arrowood, General Manager, Nichols Sanitations, Inc., regarding curbside newspaper pick- up in the Village. • C) John C. Randolph, Village Attorney, read by title Resolution No. 4-87/88, "A RESOLUTION OF THE VILLAGE OF TEQUESTA, FLORIDA, RESCINDING VILLAGE OF TEQUESTA, RESOLUTION NO. 16- 86/87 AND REQUESTING THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, TO RESCIND PALM BEACH COUNTY RESOLUTION NO. R-87-1493." Attorney Randolph noted that the effect that Resolution 4-87/88 would enable the Village to maintain jurisdiction and maintenance responsibility for Tequesta Drive, including Tequesta Drive Bridge, from U.S. 1 to Country Club Drive and of Country Club Drive from Tequesta Drive to the north County Line. Vice-Mayor Howell moved, seconded by Councilmember Mackail, "to adopt Resolution No. 4-87/88 as presented." The vote on the motion was: Carlton D. Stoddard - for Earl L. Collings - for Ron T. Mackail - for Edward C. Howell - for the motion therefore passed and Resolution No. 4-87/88 was adopted. • Council Meeting Minutes • January 12, 1988 Page 7- ------------------------ D) The Council deferred action on the proposed Resolution No.l- 87/88, concerning an Intergovernmental Agreement between Palm Beach County and the Village of Tequesta with regards to roadway improvements within the Village, until the Village Manager could meet with Mr. Haney Frakes, Assistant County Engineer, and secure agreement for the deletion of Section 5 and portions of Section 6 of the Agreement as proposed. E) Mr. Bradford reviewed a communication he received from H. Adams Weaver of Johnston, Sasser, Randolph & Weaver, P.A.'s, regarding acquisition of Property No. 512, adjacent to Constitution Park. Mr. Bradford noted that an M.I.A. appraisal secured by the Village in September, 1986, established the appraised property value at $16,000.00. At that time, Mr. Augustin Hernandez, owner, indicated he was willing to accept $24,000.00 for the property; however, early in the summer of 1987 Mr. Hernandez indicated that he had reconsidered his • offer and would not accept less than $33,000.00 for the property. Mr. Bradford extrapolated an estimate of the costs of acquiring the property by eminent domain, utilizing the information provided by Attorney Weaver, to be approximately $33,060.00 computed as follows: Property Value (increased 1$ per month) $18,560. Attorney Fees for both parties 9,000. Testimony of Professional Appraisers 5,000. Updated Appraisal 500. In response to a question from Councilmember Collings, Attorney Randolph explained the procedures of acquiring property through the provision of eminent domain to be basically a taking action and a jury trail to determine the value of the property. Mr. Randolph indicated he could not predict the determination of a jury; moreover, the price of the property to the Village would be the established value by a jury and all incidental legal fees for both parties to the action which could be more or less than the price requested by Mr. Hernandez. Councilmember Howell indicated that as unattractive as the • owners requested price may be, he is of the opinion that the price of the property would not decrease, but only increase in value in the future, and recommended consideration of Council Meeting Minutes • January 12, 1988 Page 8- ------------------------ all alternative means of acquiring the property at this time. Councilmember Mackail discussed the value of Constitution Park to the residents of the Village for the future and was of the opinion that Constitution Park would be utilized more by Village residents rather than the present active park maintained by the Village at Tequesta Park on County Line Road. Upon completion of the review, it was the consensus of Council that the Village Manager undertake a review of ingress and egress to the property by securing an access survey and report back to Council his recommendations on the matter. VII. NEW BUSINESS A) A discussion pertaining to the procedures of the Community Appearance Board was discussed previously in the meeting, immediately following Item V- Communications from Citizens. B) The Village Attorney read by title only Ordinance 362: "AN ORDINANCE OF THE VILLAGE OF TEQUESTA, FLORIDA, PROVIDING FOR AN AMENDMENT TO SECTION 10-46 AND SECTION 10-47 OF THE CODE OF ORDINANCES, TO PROVIDE THAT IT SHALL BE UNLAWFUL TO DUMP VARIOUS MATERIALS WITHIN A DUMPSTER OR OTHER MATERIAL RECEPTACLE UNDER THE CONTROL OR OWNERSHIP OF ANOTHER PERSON, FIRM OR ORGANIZATION WITHOUT EXPRESSED WRITTEN PERMISSION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE." Upon completion of the reading and after a brief discussion of the proposed Ordinance, Councilmember Mackail moved, seconded by Councilmember Collings, "to adopt the first reading of Ordinance 362 as presented." The vote on the motion was: Carlton D. Stoddard - for Edward C. Howell - for Earl L. Collings - for Ron T. Mackail - for the motion therefore passed and the first reading of Ordinance 362 was adopted. Council Meeting Minutes • January 12, 1988 Page 9- ------------------------ VIII. ANY OTHER MATTERS A) Councilmember Collings questioned Dr. Stanley Jacobs, Chairman of the Planning Commission, about preliminary data being disseminated to homeowner associations concerning the Planning Commission Survey prior to the data being presented to Council. Dr. Jacobs responded that he had discussed some of the preliminary data; however, he indicated the tabulations were just being completed and the Commission was in the process of completing a draft of recommendations based on the survey, and Council would receive the report prior to the results being provided to any other organizations. • B) Councilmember Collings also questioned the Village Manager about the right turn lane at the intersection of Tequesta Drive and Old Dixie Highway for east-bound traffic, and questioned why the Village could not under its own authority change the right-hand lane to a right-turn-only lane? Mr. Bradford noted that approximately five or six years ago the Village executed an Agreement with the Palm Beach County Engineering Department for the maintenance of traffic signalization for Tequesta Drive and indicated any modifications to the intersection was the responsibility of the County; therefore, any modification should be initiated by the County. It was suggested that consideration be given to painting an arrow and noting right-turn-only on the right-turn lane. Attorney Randolph indicated he would have a problem with the Village undertaking such a modification if it was not within our jurisdiction because of the liability aspects thereto, which could result if we later learned that a traffic study indicated the modification was not feasible. Mr. Bradford noted the Tequesta Drive Project would begin in May of this indicated he would review the situation County Officials and attempt to have a erected west of the railroad track; problem. Improvement Widening year; however, he with the appropriate right-turn-only sign to alleviate the Council Meeting Minutes • January 12, 1988 Page 10- ----------------------- C) Vice-Mayor Howell provided Council with a rendering of the design of a bronze plaque to be erected at the base of the flag pole in Constitution Park. Council approved of the rendering and commended Councilmember Howell for his contributions to the project. D) Mayor Stoddard indicated the County is currently in the process of revising its zoning ordinance with regards to billboards being erected in residential areas. Florida Atlantic University was conducting a survey for the County in this regard. • The Mayor also noted that his nomination by the Palm Beach County Municipal League as a member of the "No Wake Committee", organized by the Palm Beach County Commissioners, has been approved by the Palm Beach County Department of Environmental Resources Management and will be acted upon by the Palm Beach Board of County Commissioners the first week of February. He indicated any suggestions from Council or residents concerning a no-wake zone for areas of the Intercoastal would be appreciated. The Mayor also reported that he had received a complaint from the Rinker Corporation concerning the location of the "Nozzle Nolen sign", which is located closer to the Rinker Office than the Nozzle Nolen office and has created problems at the Rinker parking lot area. The Mayor requested that the matter be reviewed by the Village Manager for any corrective action, if warranted. The Mayor also suggested that the Village Manager provide a copy of the County Coastal Zoning Ordinance Atlas to our zoning consultants for review to insure the Village Coastal Zoning Ordinance is not in conflict with the County Ordinance. Council approved a request from Mayor Stoddard to pay for the duplication of the "Tequesta Beach and Dune Pictorial Presentation Booklet" prepared by Mayor Stoddard, which was requested by the Department of Natural Resources to be provided to the Governor and his Cabinet for their January 26, 1988, meeting for the State Beach and Dune Restoration Program. n U Council Meeting Minutes • January 12, 1988 Page 11- ----------------------- There being no other business before the Council, the meeting was adjourned at 9:50 P.M. Respectfully submitted, -- ,. ~ , -~ ,--~ .. ,. -- ,J _ f , -- - - ~~ Bill C. Kascavelis Finance Director/Clerk BCK/krb Attachments