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HomeMy WebLinkAboutDocumentation_Regular_Tab 6E_5/24/1990VILLAGE 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 T A V I L L A G E C 0 U N C I L M E E T I N G M I N U T E S M A Y 1 0 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, May 10, 1990. The meeting was called to order at 7:00 P.M. by Mayor Joseph N. Capretta. A roll call was taken by the Recording Secretary. Councilmembers present were: Mayor Joseph N. Capretta, Vice -Mayor Ron T. Mackail, Earl L. Collings and Edward Howell. William Burckart was out of town. Village Officials present were: Thomas G. Bradford, Village Manager; Bill C. Kascavelis, Finance Director, and Department Heads. Also present was Village Attorney, John C. Randolph. II. INVOCATION AND PLEDGE OF ALLEGIANCE Vice -Mayor Mackail gave the Invocation and led those in attendance to the Pledge of Allegiance to the American Flag. III. APPROVAL OF AGENDA Village Manager Bradford stated he would like to give an update on the Tequesta permit situation with South Florida Water Management District under Item XI. ANY OTHER MATTERS. Councilmember Collings moved to approve the Agenda as amended. Vice -Mayor Mackail seconded that motion. The vote on the motion was: Mayor Capretta - for Earl Collings - for Edward Howell - for Vice Mayor Mackail - for the motion was therefore passed and the Agenda was approved as amended. Village Council Meeting Minutes May 10, 1990 Page 2 ------------------------ IV. PUBLIC HEARINGS A) Ordinance No. 401 - First Reading - Amending Zoning Ordinance No. 355, as amended, by amending Section IV, Definitions; by amending Section V, Establishment of Districts and Official Zoning Map; by Amending Section VIII, Off -Street Parking and Loading Regulations; by Amending SectionI x, Planned Residential Developments; by Amending Section IX -A, Planned Commercial Developments; by Amending Section X, Supplemental Regulations, by Amending Section XV, Flood Hazard Areas. Councilmember Collings asked about Ordinances 402, 403 and 404. Mr. Bradford explained these were amendments of the Zoning Ordinance. Therefore, Ordinance 401 is a Zoning Ordinance amendment, and requires a public hearing. Scott Ladd explained it is the same as it was in the Comprehensive Plan. All of the goals, objectives and policies of the Plan wr taken into account, and adjustments were made to the Zoning code, the subdivision regulations, and created twelve additional new ordinances. All of that is per what the Village Council already adopted in the Comprehensive Plan. Vice Mayor Mackail asked if all changes requested by the State had been made. Mr. Ladd answered "no", that though the Village was found not to be in compliance, none of the above effects that. That is a separate issue. Councilmember Collings moved to adopted Ordinance No. 401 on First Reading. Councilmember Howell seconded the motion. The vote on the motion was: Mayor Capretta - for Edward Howell for Earl Collings - for Vice Mayor Mackail - for the motion was therefore passed and adopted. William Shannon, of St. Jude's Church, stated he would like to make a few comments. The Zoning Code in the C-2 commercial district previously inserted churches and community uses in the Special Exceptions provisions of C-2. Some time ago, churches and community uses were deleted from the C-2 Special Exceptions provisions. The effect of that is to make what was a conforming use of St. Jude's Church, a non -conforming use. I am here to ask Village Council Meeting Minutes May 10, 1990 Page 3 ------------------------ the Village Council to reinsert churches as a Special Exception use in the C-2 zoning district. The effect will not be to take away any of the power of the Village Council as it presently stands. It merely converts what is a non -conforming use back into the conforming use that it previously was. Presently, there are a number of community uses that are permitted as special exceptions in C-2 (public utility structures, buildings such as water pumping stations, water' treatment plants, libraries, governmental facilities, museums and art gallerys) all exist in the C-2 Special Exceptions. I would like to see churches reinserted in order to create a conforming use out of St. Jude's Church. The overall effect on St. Jude's Parish is quite great. The result would be that they could proceed with their building plans. As it presently stands, St. Jude's is limited to maintaining their facility only, without doing a major addition, renovation, or demolish and reconstruct. Village Manager Bradford gave the Village Council a bit of history: Ordinance No. 355, which today constitutes the Village's Zoning Ordinance, was adopted in August, 1987. What was thought would be a simple amendment began in September 1986, therefore taking 11 months to come up with No. 355. The beginning of the process had to do with the discovery of the Ladonni Garage incident on U.S. Highway One. The Village Council, at that time, instructed Village staff to "clean up" and reduce the permitted uses in the C- 2 zoning district. That has been done. What used to be 18 or so permitted uses now is roughly 8 or 9. Staff also decided at that time to eliminate churches as a permitted use, or special exception, in that particular case, because it had the potential of greatly limiting the tax base of the Village, since most of the remaining vacant land for development was within the C-2 district. At that time (4-5 years ago) it was never contemplated that St. Jude's Church would need to demolish and/or build a new church facility. Attorney Randolph explained to Council that what Mr. Shannon was asking is that Council put a simple clause in Ordinance No. 401 tonight at First Reading, so that when it is advertised and ready for Second Reading, it would already be included. Mr. Shannon stated that was correct. He felt it would be just as easy to do it tonight, as a later date. Mayor Capretta asked, if the request was not granted this evening, and St. Jude's church asked for a special exception later on, could the Council grant that? Attorney Randolph answered that could not be done without a zoning change. Mr. Bradford explained the variable is that zoning -in -progress has been declard within the St. Jude's Church area, which means any development contemplated which Village Council Meeting Minutes May 10, 1990 Page 4 is in contravention of the proposed uses within the Master Plan cannot occur. However, whatever this new zonng district will be for the master Plan does contemplate a church. A case could be made that at that point in time, the problem Mr. Shannon has presented will take care of itself. Vice Mayor Mackail felt it did not make sense to amend the zoning now while in the process of the Master Plan, and that the Village ought to deal with the Church on a one-to-one basis, when they are ready to build. Mr. Collings felt if churches were put back in the Ordinance as permitted use, it would be negating the Council decision of 1987. Mayor Capretta stated he would not like to see the church property which is presently designated as a park area in the Master Plan, to be sold off to another church. He would prefer to wait until the Master Plan is firm in the minds of the Council, and until the Village decides what it is going to do. The Village would not attempt to interrupt the Church's building plans or stop them from replacing their building. Vice Mayor Mackail stated he agreed with Mr. Shannon but felt it was in the best interests of the Village to take the request under advisement, review it with the Village staff, but pass Ordinance No. 401 tonight on First Reading. He felt it would be difficult to make a zoning change at a public hearing. Councilmember Collings asked if the change could be made on Second Reading. Attorney Randolph explained that this would be a substantial change to take place on Second Reading, which would not have been advertised, if indeed it was, not to be put in tonight at First Reading. This could not be done on Second Reading. The type of investigation that would have to be done would have to come subsequent to Second Reading and adoption of this Ordinance. Councilmember Howell moved to table Ordinance No. 401, to take into consideration St. Jude Church's request. Councilmember Collings seconded the motion. The vote on the motion was: Mayor Capretta - opposed Edward Howell for Earl Collings - for Vice Mayor Mackail - for the motion was therefore passed and was adopted. Mayor Capretta asked Mr. Shannon when the Church plans to proceed with building. Mr. Shannon answered, "Not immediately - perhaps late in 1990." Village Council Meeting Minutes May 10, 1990 Page 5 Village Manager Bradford reminded Council of what they had just done regarding Ordinance No. 401: They voted 4-0, first of all, to approve the First Reading, then voted 3-1 to table the Ordinance. Clarification was needed. Mr. Bradford explained the issue is merely a policy question - no factual detailed analysis needed to take place. It's merely a maintaining of control by the Village of that area until Council decides what to do regarding the Master Plan, if anything. The Plan will have flexibility, the Church will be contemplated in the Plan. If and when the Church decides in the future they are ready to go with building and the Village Council has not yet made up its mind, Council has the power to make zoning changes to accommodate the Church's desires. Attorney Randolph explained that, technically, what should happen is, that someone who voted on the prevailing side of the initial motion should make a motion to reconsider. Councilmember Howell moved to reconsider the first motion, which adopted Ordinance No. 401 on First Reading. Councilmember Collings seconded the motion. The vote on the motion was: Mayor Capretta - opposed Edward Howell for Earl Collings - for Vice Mayor Mackail - opposed the motion therefore did not pass. Attorney Randolph explained the second motion WAS out of order, since the first motion had been passed and no motion to reconsider had been made. There are still two conflicting motions on the floor - one motion passed the First Reading of Ordinance No. 401 and the other motion voted to delay. In face of the motion which was just made, if a motion is made to reconsider the second motion, there might also be a 2-2 vote. A vote 3-1 to reconider would have taken the first action off the books. Council's action to not reconsider would mean that the first action stands and the second action to table is out of order. Council's vote of 4-0 in favor of adopting Ordinance No. 401 on First Reading stands. V. CONSENT AGENDA All items listed with an asterisk (*) are considered routine and will be enacted by one motion. Village Council Meeting Minutes May 10, 1990 Page 6 VI. VII. APPROVAL OF MINUTES AND REPORTS *A) Board of Adjustment, April 16, 1990; *B) Finance & Administration Committee - April 16, 1990; *C) Tequesta Downtown Development Task Force - April 20, 1990; *D) Village Council Meeting - April 26, 1990; *E) Village Manager's Report - April 23 - May 4, 1990; Vice Mayor Mackail moved to approve the Consent Agenda as submitted. Councilmember Collings seconded the motion. The vote on the motion was: Mayor Capretta Earl Collings Edward Howell Vice Mayor Mackail - for - for - for - for the motion was therefore passed and adopted. COMMUNICATIONS FROM CITIZENS (See attached Sign -In Sheet). Since the majority of those citizens who signed in wanted to speak on Items VIII A) and B), their comments are covered under that Item. VIII. DEVELOPMENT MATTERS A) Consideration of Application for Subdivision Review. Lot 8, Block 2, Country Club Point. JARA, Inc. TIM GOLDSBURY, President, Tequesta Country Club Point Homeowners Association,Inc.: Mr. goldsbury displayed the Master Plan of Country Club Point developed 28 years ago. Because this Plan wa established 28 years ago, any interruption in the Plan should not take place now by dividing an already platted lot within that area. The people of this Association do not believe that Ordinance No. 56 for Regulating Subdivision of Land was ever intended to re - subdivide an existing platted and approved subdivision as a means for obtaining a variance to the Zoning Ordiance, especially for property within a single-family residential community, zoning districts such as R-1 and R-lA. The Association believes the proposed subdivision of Lot 8, Block 2, should have been submitted to the Zoning Board of Adjustment for a variance. It is the Association's position that Lot 8B does not meet the zoning requirements regarding minimum lot width. The Association requsted that Cuncil refer this matter to the Zoning Board of Adjustment. Village Council Meeting Minutes May 10, 1990 Page 7 ------------------------------- Mayor Capretta reminded Mr. Goldsbury this application needed no variance. Therefore, it has not beenreferred to the Zoning Board of Adjustment. DAVID PRESLEY, Esq., Moyle, Flanigan, Katz, Fitzgerald & Sheehan, P.A., representative of JARA, Inc., stated he gathered the Association was concerned that it was not possible to split a lot within a subdivision. Looking at the definition of "subdivision" in Tequesta's Zoning Code specifically states that a subdivision is a number of things, one of which is a re -subdivision of an existing platted lot. Regarding the POA and Deed Restrictions: In the event there are any Deed Restrictions which presently apply to the property, applicant stipulats they still apply after the subdivision. Applicant has no legal power to avoid any valid Deed Restrictions which presently apply. Mr. Presley believes there are currently no Deed Restrictions on the aforementioned property. Mr. Goldsbury stated the sewer system was also a problem. Attorney Presley held in hand, and presented to Council, an Order dates! April 20 from the Palm Beach County Health Department, approval fcr septic tanks on each of the two new lots. Ken Anderson, Country Club Point resident, complained thatthis appeared to be a las-- minute approval which the Association was not made aware of. Mr. Bradford pointed out the approval was given even before the last Council meeting of two weeks ago. Much controversy ensued, covering the same complaints of the previous meeting regarding the same issues. Mayor Capretta asked Building Official, Scott Ladd, if there were any other lots within County Club Point which were large enough t� be re -divided. Mr. Ladd answered, "not without a vairance". Councilmember Collings stated he lives right across the street from the property in question. Therefore, he approaches the issue from a different point of view. He stated he has no objections to having two houses across the street from him. His concerns were: 1) the apparent difference in communication various buyers have had from the Village staff, if those reports are true; 2) the biggest group of concerned citizens he has seen since his Council experience are all concerned about one item. Council, being in representation of the citizens, should take full cognizance of these concerns; and 3) the concept of dividing an existing lot as it was conceived and as subsequent Villagers moved in was objectionable to him for many subjective reasons. He felt the issue should be remanded back to the Zoning Board of Adjustment. Councilmember Howell agreed with Coucilmember Collings. Village Council Meeting Minutes May 10, 1990 Page 8 ------------------------------- Mayor Capretta asked Attorney Randolph to address the "subdivision within a subdivision" issue. Attorney Randolph related that whether this was considered a lot split, or a subdivision, it is covered under the Village Subdivision Ordinance. If this were simply a lot split, it could have been done by applicant, without applicant having had to come before this Council, or befor the Zoning Board. The Ordinance, in this case, is drafted in a manner which is more strict than State Law, and more strict than most municipal ordinances which require when three or more lots are being subdivided, Cuncil approval is needed. The Village has an unusual ordinance. The Building Department held a discussion with Attorney Randolph regarding this application. The determination was made that because of the definition of "subdivision", the application did have to come before the Village Cuncil. That definition reads: "The division of a parcel of land into two or mor lots or parcels..." and further states it also relates to "...a resubdivision of land heretofore divided or platted into lots, sites, or parcels." If the Village Ordinance did not contemplate the resubdivision of an already platted lot, there would have been no need for the language which states you "need to have a subdivision approval for subdivisions of land heretofore divided or platted into lots, sites or parcels." This is why it is before Council. It is not a staff or engineering matter; it is not a situation that is putting the Council in a position of having to discuss matters that are not within its purview. Staff did not have the right to pass this on to the Zoning Board of Adjustment. The Zoning Board has specific powsers under the Village Ordinance: it has the right to grant variances when variances are applied for. Under the application of the Village Code, as has been applied throughout the years, there was not seen any reason to send this on to the Board of Adjustment because it was not seen that a variance was neede.d Attorney Randolph could not legally suggest to Council that they have the power to pass this on to the Zoning Board of Adjustment since there is a specific ordinance which talks about those powers, and this is not included. Unless Council takes the position that the Village staff is wrong in the application of the definition of lot width, it cannot be sent back. If the staff is wrong, then they have been wrong in the application of lot width, not only only this lot, but on several lots in the past, and all of those which have gone to the Zoning Board. Mayor Capretta summarized: Ther are a lot of issues: Country Club Point residents are opposed to the granting of this application; the residents of other communities are opposed; the owner of the property has a For Sale sign up, but doesn't mean anything; the septic issue really doesn't mean anything at this point, especially when approval has been given by the Health Department. The real issues are: Are the lots big enough, do they comply with minimum Village Council Meeting Minutes May 10, 1990 Page 9 ------------------------------- requirements; how is the front of the lots measured. Attorney Randolph's explanation of the law is quite clear. Village staff has re -checked the work and found it to be in compliance. There is no variance required, therefore the issue does not come before the Zoning Board. Councilmember Collings stated the people wanted this to come before the Zoning Board of Adjustment since they felt that Board could not be sued as Village Council could. Attorney Randolph explained that was not true. In event the applicant were denied by Council, he could choose to do one of several things: 1) file a petition for Writ of ???Sercherarie????to Circuit Court and review the decision and argue it before a three -judge panel, which would either affirm or reject the Council's findings. That would have to be filed within 30 days of the action. Then, it could take 6-8 months or longer to arrive at a final decision; 2) the same action could take place in regard to the Zoning Board of Adjustment. If this goes back to the Board of Adjustment, and a variance is approved, the next step would be for the application to again appear before Council to make a determination as to whether or not there shall be a subdivision, which is exactly what is being considered here tonight. The only way it would not come back befor Council is if the Zoning Board of Adjustment considered it and did not grant a variance. Mr. Bradford stated that, based on what attorney Randolph has told Council, the only way to turn this application down would be to find that the Building Official has improperly applied the Code in this instance. Vice Mayor Mackail moved to approve the application for subdivision of Lot 8, Block 2, Country Club Point. Mayor Capretta passed the gavel and seconded the motion. The vote on the motion was: Mayor Capretta - for Edward Howell opposed Earl Collings - opposed Vice Mayor Mackail - for the motion therefore did not pass and the issue was postponed until there is a full quorum. Village Council Meeting Minutes May 10, 1990 Page 10 ------------------------------- B) Consideration of Petition for the Village to accept as public road that private road easement known as Shay Place. Village Manager Bradford submitted to Village Council a Petition signed by property owners on Shay Place which requests that the Village accept as public road that private road known as Shay Place. Also given to Council were cost estimats to bring the roadway up to acceptable Village construction standards, and a written history of the Shay Place subdivision. Mr. Bradford rcommended to Council that theynot accept these private road easements, since the record does not reflect any intention that it ever become public right-of-way. However, that does not necessarily mean that it has to stay that way. In the event the Village Council wishes to accept Shay Place as a public roadway, it should not do so until such time as the road is appropriately modified to comply with acceptable Village road standards at the expense of others. The history of this roadway goes back many,many years, beginning with 1955. SHARON HAYWARD, 27 Shay Place, spoke in representation of the residents of Shay Place: o Residents of Shay Place were surprised to find their street was a private road, and therefore not to be maintained by the Village of Tequesta. When a new home builder on Shay Place applied to the Village Building Department for permits, he was informed building permits could not be issued due to the lack of a suitable road in ordeer for public services to be provided tothe lot with an unrecorded plat. Issues regarding drainage and utility services had to be satisfactorily resolved. o From November 1983 through August 1985, numerous meetings were held between certain owners and the Village to arrive at an acceptable proposal by which the owners would provide certain infrastructure within the unrecorded plat that would allow the Village to issue building permits for the homes of various lot owners within that area. o A copy of a Easement Agreement for Pinetree Terrace was submitted to the Village, indicating that eachlot owner would maintain the pavement line within his own property. Village Council Meeting Minutes May 10, 1990 Page 11 ------------------------------- o November -December 1985, Northco Construction purchased the various easements for the road utilities. Northco agreed to pay the complete cost of paving the road to specifications of the Village of Tequesta, and the sewer lines to the specifications of the Loxahatchee River Environmental Contr3l District. The road and sewer line would then be dedicated to the appropriate government entity. Footage at the entrance of the road was also purchased by Northco for the building of the road. Despite efforts to remedy the problem, pine tree roots continue to grow under the road. o The Village Codes say "private drives, roads and streets shall be prohibited, and that every subdivided lot or property shall be served from a publicly dedicated street". Why is Shay Place yet considered a private road? o Shay Place residents were told previously their road was not up to standards, and it was therefore replaced. Then they were told the street was not wide enough. o It was found in a letter to the Village Council from Village Manager Bradford that Shay Place was never intended to become a public right-of-way. This was the opposite intent. of Shay Place residents, with evidence of that intent since 1983. o Shay Place residents were told they were not a subdivision. Village Codes describe a subdivision as "two or more lots There are 11 lots in Shay Place. o Building Official, Scott Ladd, explained to Shay Place residents that the road was passed on a hand -shake from former Building Inspector, former Manager Harp, and Thompson, with Scott Ladd as a witness. Is there anything in the Village Codes which prohibits verbal agreement? o If the road was really substandard the second time around, why was Northco not asked to perform their duty? Councilmember Collings asked if there was money in the budget that could cover the acceptances of Shay Place from a private road to a public road. Village Manager Bradford answered affirmatively. Once Shay Place residents dedicate their easements to Tequesta, the road becomes the property of the Village, if Council accepts it. Councilmember Collings asked if, in the repairing of the road, would the trees there die? Mr. Bradford answered "not necessarily". One of the problems is that if proper action is not taken, the tree roots will continue to do damage. If the tree roots were trimmed and a concrete barrier were put up, that would solve the problem. Village Council Meeting Minutes May 10, 1990 Page 12 ------------------------------- Assuming the handshake Mrs. Haywood spoke of earlier was the acceptance of the street as a public right-of-way, that is a power which strictly lies in the hands of the Village Council. The record shows that the Village Council, through years of history, always considerd it to be road easement. In fact, the Village granted in 1977 easements where the Fire Station property is located, to accommodate the desires to have some sort of a road to serve that area. An easement is clearly not the same thing as public road right-of-way. Scott Ladd explained the history of Shay Place: "It started before I took the position of Building Official. The unrecorded plat of Pine Tree Terrace was initially prepared as an unrecorded plat within unincorporated Palm Beach County in 1955. At that time it was not in the Village. When certain landowners approached Mr. Harp, he wanted to take this through the subdivision review process. The landowners at the time said, "No. We don't feel we have to go through the Village's subdivision regulation process. We are already a 16-lot, unrecorded plat. Therefore, we chose not to do that." Time went by, more discussions were held. At some point in the program, Mr. Butterfield retired as Building Official and I came on board. A landowner requested building permits to build houses on Pine Tree Terrace, and I refused to issue Building Permits, because: 1) there was no way to properly serve the houses that would be located there. No one ever suggested at that time that, the road become a public right-of-way. The landowners were merely interested in getting permits to build on what they felt were properly laid out lots. Councilmember Collings stated that since these people are now Village residents through annexation, the Village should find a way to handle the road situation. Mayor Capretta felt the road should be brought up to specifications before the Village accepts it. Vice Mayor Mackail asked what it would take to bring the road up to today's standards? Scott Ladd responded the narrowest right-of-way accepted today is 50 feet. An additional 15 feet would have to be obtained on the north, and 5 feet on the south, allowing for a 20 foot road, 15 foot swale, and a 15 foot utility easement on the north side. Additional easements would have to be dedicated to bring it up to 50 feet. Village Council Meeting Minutes May 10, 1990 Page 13 Mr. Bradford thought a Place residents to: 1) property owner participat with the responsibility area north Village; it, and reasonable compromise would be for Shay create a Homeowners Association, with 100% ion, with covenants and deed restrictions, to maintain the common area (the retention -sac); 2) dedicate the roadway area to the could accept it, the Village would repair it becomes a public road. of the cul-de and 3) Council Vice Mayor Mackail moved to accept the p residents will create a Homeowners Associati participation, with deed restrictions and Association will maintain the common area, road to the Village of Tequesta, and the necessary repairs to the road. Councilmember motion. The vote on the motion was: Mayor Capretta - for Edward Howell for Earl Collings - for Vice Mayor Mackail - for the motion was therefore passed and adopted. IX. NEW BUSINESS A) Ordinance No. 402 - Public Facilities sh and Development and Service Standards Tequesta Comprehensive First Reading - all be provided Consistent with (LOS) Establishe rocess that Shay Place on with 100% homeowner covenants, that the they will dedicate the Village will make the Collings seconded the Requiring that Adequate concurrent with Growth the Adopted Level of d in the Village of Development Plan. Attorney Randolph read Ordinance No. 402, by Title: "AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, REQUIRING THAT ADEQUATE PUBLIC FACILITIES SHALL BE PROVIDED CONCURRENT WITH GROWTH AND DEVELOPMENT AND CONSISTENT WITH THE ADOPTED LEVEL -OF -SERVICE STANDARDS ESTABLISHED IN THE VILLAGE OF TEQUSTA COMPREHENSIVE DEVELOPMENT PLAN; PROVIDING FOR TITLE; PROVIDING A TABLE OF ADOPTED LEVEL OF SERVICE STANDARDS; PROVIDING FOR EXEMPTION OF SINGLE FAMILY DWELLINGS AND DUPLEXES; PROVIDING FOR PROHIBITION; PROVIDING FOR CONCURRENCY DETERMINATIONS FOR REDEVELOPMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE." Village Council Meeting Minutes May 10, 1990 Page 14 ------------------------------- Councilmember Collings moved to approve Ordinance No. 402 on First Reading. Councilmember Howell seconded the motion. The vote on the motion was: Mayor Capretta - for Edward Howell for Earl Collings - for Vice Mayor Mackail - for the motion was therefore passed and adopted B) Ordinance No. 403 - First Reading - Adopting by Reference the Palm Beach County "Wellfield Protection Ordinance", Ordinance No. 88-7, as amended. Attorney Randolph read Ordinance No. 403, by Title: "A` ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, ADOPTING BY REFERENCE, THE PALM BEACH COUNTY "WELLFIELD PROTECTION ORDINANCE", ORDINANCE NO. 88-7, AS AMENDED; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE." Councilmember Howell moved to approve Ordinance No. 403 on First Reading. Vice Mayor Mackail seconded the motion. The vote on the motion was: Mayor Capretta - for Edward Howell for Earl Collings - for Vice Mayor Mackail - for the motion was therefore passed and adopted. Councilmember Collings asked how this ordinance impacts Tequesta's water withdrawal. Mr. Bradford explained it protects it. C) Ordinance No. 404 - First Reading - Adopting by Reference the Palm Bech County "Coastal Protection Ordinance", Ordinance No. 90-2 as amended. Attorney Randolph read Ordinance No. 404, by Title: "AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, ADOPTING BY REFERENCE, THE PALM BEACH COUNTY "COASTAL PROTECTION ORDINANCE", ORDINANCE NO. 90- 2, AS AMENDED; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE." Village Council Meeting Minutes May 10, 1990 Page 15 ------------------------------- Councilmember Collings moved to approve the First Reading of Ordinance No. 404. Councilmember Howell seconded the motion. The vote on the motion was: Mayor Capretta - for Edward Howell for Earl Collings - for Vice Mayor Mackail - for the motion was therefore passed and adopted. D) Resolution No. 9-89/90. Providing for Amendments to the Village Budgets Adopted for Fiscal Year 1989-1990. Attorney Randolph read Resolution No. 9-89/90 by Title: "A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, PROVIDING FOR AMENDMENTS TO THE VILLAGE BUDGETS ADOPTED FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 1989." Mr. Bradford explained this Resolution provides for the Budget revisions indicated in Bill Kascavelis' memorandum dated April 26. It actually formalizes the amendments necessary to the Budget by virtue of Council action this fiscal year, and carryover encumbrances of the last fiscal year. Vice Mayor Mackail moved to approve Resolution No. 9-89/90. Councilmember Collings seconded the motion. The vote on the motion was: Mayor Capretta - for Edward Howell for Earl Collings - for Vice Mayor Mackail - for the motion was therefore passed and adopted. E) Authorization to Execute Proposed Interlocal Agreement providing for Fire/Rescue Services in the Village of Tequesta by Palm Beach County Fire/Rescue MSTU. Village Council Meeting Minutes May 10, 1990 Page 16 ------------------------------- Mr. Bradford explained that, though he is pleased with the terms of the Agreement, in the last week there has come a question relative to the validity of the new Palm Beach County Fire/Rescue MSTU which is proposed to serve Tequesta, as referenced in this Agreement. Currently Tequesta receives the service from MSTU No. 1. In January, the Palm Beach County Commission approved the merger of the three coastal MSTU's into one MSTU which they refer to now as Fire/Rescue MSTU. That action, in and of itself, will cause Tequesta to have an 18-20% budget increase for Fire/Rescue. The Property Appraisers Office told the Fire/Rescue Department that because they did not receive this change by the County Commission prior to January 1, 1990, it is of the opinion that this cannot be legally implemented for tax year 1990. Therefore, Council may not even want to sign this Agreement until the entire issue of validity is solved. Mr. Bradford suggested postponing the Agreement so that he might check further into details. Council agreed. F) Consideration of Interlocal Agreement with Solid Waste Authority of Palm Beach County for Municipal Recycling. Mr. Bradford explained this Agreement has been approved by 15 of the municipalities in Palm Beach County. The major provisions are that the Village is required to provide a recycling curb -side collection service to its residents. The provision already exists in the franchise with Nichols Sanitation. The Village must provide the Solid Waste Autority with relevant information on its recycling program: Nichols already gives information to the Village to be passed on to the Solid Waste Authority. The major impact of the Agreement is in paragraph 16, which obligates the Village to transfer Title of the collected recyclable materials to the Solid Waste Authorioty. By doing that, the Authority assumes the risk of marketing the materials, in return with the Village providing them with a guaranteed source and flow of the materials. Mr. Bradford recommended the Council authorize this Agreement. Village Council Meeting Minutes May 10, 1990 Page 17 ------------------------------- Vice Mayor Mackail moved to approve the Interlocal Agreement with the Solid Waste Authority of Palm Beach County for Municipal Recycling with the authorized signature for approval. Councilmember Howell seconded the motion. The vote on the motion was: Mayor Capretta - for Edward Howell for Vice Mayor Mackail - for the motion was therefore passed and adopted. Councilmember Collings was out of the room. G) Acceptance of Downtown Development Task Force Final Report and Recommendations. Mr. Bradford explained the Final Report of the Task Force for the Downtown Development Master Plan had been presented to Council. He explained that Jack Horniman, Village Planning Consultant, put the document together. The only revision suggested by the Task Force is that the Report reflect the names of the Task Force members at some point in the document. The document gives a history of the Task Force, with recommendations to Village Council. Mr. Bradford read those recommendations for the benefit of the public. William Shannon, St. Jude's Church, stated the Church objects to the Master Plan as drawn. Councilmember Collings suggested Council meet in a workshop to study the recommendations. Mayor Capretta agreed a workshop was a good idea and suggested that Mr. Bradford schedule that workshop. Councilmember Collings moved to accept the Downtown Development Task Force Report of Recommendations to Council for the Master Plan area. Vice Mayor Mackail seconded them motion. The vote on the motion was: Mayor Capretta - for Edward Howell for Earl Collings - for Vice Mayor Mackail - for the motion was therefore passed and adopted. Village Council Meeting Minutes May 10, 1990 Page 18 ------------------------------- H) Appointment to Jupiter's Indiantown Road and Bridge Task Force. (Earl L. Collings currently is V.O.T. rep. and is interested in cotinuing to serve.) Councilmember Howell moved to reappoint Earl L. Collings as the representative for the Village of Tequesta to Jupiter's Indiantown Road and Bridge Task Force. Vice Mayor Mackail seconded the motion. The vote on the motion was: Mayor Capretta - for Edward Howell for Vice Mayor Mackail - for the motion was therefore passed and adopted. X. UNFINISHED BUSINESS A) Ordinance No. 397 - Second Reading - Amending the Code of Ordinances of the Village of Tequesta by providing for Chapter 14 Land Development Regulations. Attorney Randolph gave the Second Reading of Ordinance No. 397, by Title. Vice Mayor Mackail moved to approve the Second Reading of Ordinance No. 397. Councilmember Collings seconded the motion. The vote on the motion was: Mayor Capretta - for Edward Howell for Earl Collings - for Vice Mayor Mackail - for the motion was therefore passed and adopted. B) Ordinance No. 398 - Second Reading - Providing for a New Comprehensive Subdivision Ordinance. Attorney Randolph gave the Second Reading of Ordinance No. 398, by Title. Village Council Meeting Minutes May 10, 1990 Page 19 ------------------------------- Councilmember Collings moved to approve the Second Reading of Ordinance No. 398. Councilmember Howell seconded the motion. The vote on the motion was: Mayor Capretta - for Edward Howell for Earl Collings - for Vice Mayor Mackail - for the motion was therefore passed and adopted. C) Ordinance No. 399 - Second Reading - Creating the Village of Tequesta Environmentally Sensitive Lands Ordinance. Attorney Randolph gave the Second Reading of Ordinance No. 399, by Title. Vice Mayor Mackail moved to approve the Second Reading of Ordinance No. 399. Councilmember Howell seconded the motion. The vote on the motion was: Mayor Capretta - for Edward Howell for Earl Collings - for Vice Mayor Mackail - for the motion was therefore passed and adopted. Mr. Bradford asked if the County Commission intends to make their Ordinance on environmentally sensitive lands apply countywide, would it apply to Tequesta, even though Tequesta has now adopted Ordinance No. 399? Attorney Randolph answered, "no", that the County was concerned about communities which are opting out. D) Ordinance No. 400 - Second Reading - Creating the Village of Tequsta Toxic and Hazardous Substances and Materials Ordinance. Attorney Randolph gave the Second Reading of Ordinance No. 400, by Title. Village Council Meeting Minutes May 10, 1990 Page 20 ------------------------------- Councilmember Collings moved to approve Ordinance No. 400 on Second Reading. Councilmember Howell seconded the motion. The vote on the motion was: Mayor Capretta - for Edward Howell for Earl Collings - for Vice Mayor Mackail - for the motion was therefore passed and adopted. RI. ANY OTHER MATTERS Mr. Bradford provided Council with a copy of the South Florida Water Management District's staff report to the governing board of the District relative to Tequesta's permit application. Council's consideration of approval for additional funding for Gee & Jenson to pursue the issue, depending on the Village's course of action with the District, is needed. The District approved the Village's requests relative to the western peninsula which the Tequesta Country Club and Country Club Point sits on; gave up to 3.66mg/day from the Floridan Aquifer; however, on the eastern peninsula, staff recommended current allocation of up to 2.7mg/day be reduced to 1.27mg/day. On face value recommendation, that means immediately. That has a number of disastrous impacts on the Village. If that takes place, 1) where will the water come from to make up the difference. The Village contract with Jupiter states that if annual allocations from them increases, Tequesta would be obligated to buy that amount every year thereafter until the contract terminates in the year 2007. 2) It seems strange that the Village being the public utility, being forced to provide salt water intrusion monitoring programs and test wells, should be forced to cut back. Single family homeowners are continued to be allowed to have wells to water their lawns. SFWMD cannot tell how much water Rinker uses to make concrete at their plant. SFWMD continues to give Ruud Landscaping water, yet asks the Village to cut back. It was thought that perhaps an administrative hearing should be sought, before an admnistratiave Judge. However, after meeting with the engineers, and Water Department Manager, and Village Attorney, it was decided to apply for another 30-day extension from SFWMD to go over these issues in detail with them, with the other variable being the Village feels the SFWMD model is overly conservative for this peninsula, and hopefully prove to them that the Village needs a higher allocation Village Council Meeting Minutes May 10, 1990 Page 21 ------------------------------- XII. from the eastern peninsula, at least until such time as it is able to bring the other wells on line in other locations. The request letter has been written. Council authorization is needed for an extra $6,000 to authorize Gee & Jenson to provide hydrology information and data to SFWMD to hopefully prove to them this is not the route to go. Vice Mayor Mackail moved to approve an additional $6,000 expenditure to Gee & Jenson to provide the needed information to the South Florida Water Management District regarding Tequesta's water situation. Councilmember Collings seconded the motion. The vote on the motion was: Mayor Capretta - for Edward Howell for Earl Collings - for Vice Mayor Mackail - for the motion was therefore passed and adopted. ADJOURNMENT Councilmember Collings moved to adjourn the meeting. Vice Mayor Mackail seconded that motion. The vote on the motion was: Mayor Capretta - for Vice Mayor Mackail - for Earl Collings - for Edward Howell - for the motion was therefore passed and the meeting was adjourned at 11:00 P.M. Res �ecctfully submitted, Fran Bitters Recording Secretary ATTEST: Bill C. Kascavelis Finance Director/VIllage Clerk DATE APPROVED: Name 4 VILLAGE OF TEQUESTA O ��EASE PR=NT Q VILLAGE OF TEQUESTA P L E A S E P R I N T Name Address �J Sub'ect v