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HomeMy WebLinkAboutDocumentation_Regular_Tab 5B_9/14/1989 • - VILLAGE OF TEQUESTA • +• i Post Office Box 3273 • 357 Tequesta Drive lop Tequesta, Florida 33469-0273 • (407) 575-6200 N_`= r FAX: (407) 575-6203 c VILLAGE OF TEQUESTA VILLAGE COUNCIL MEETING MINUTES AUGUST 2 4 , 1 9 8 9 I . The Tequesta Village Council held a regularly scheduled meeting at the Village Hall , 357 Tequesta Drive, Tequesta, Florida, on Thursday, August 24 , 1989 . The meeting was called to order at 5 :30 P.M. by Mayor Joseph N. Capretta. A roll call was taken by the Recording Secretary. Councilmembers present were: Mayor Joseph N. Capretta, William E. Burckart, Ron T. Mackail , Earl L. Collings , and Vice-Mayor Edward C. Howell . Village Officials present were: Thomas G. Bradford, Village Manager; Wendy K. Harrison, Administrative Assistant to the Village Manager; John C. Randolph, Esquire, Village Attorney; Department Heads and Bill C. Kascavelis, Finance Director . • II . INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Ron T. Mackail gave the. Invocation and led those. in attendance to the Pledge of Allegiance to the American Flag. III . APPROVAL OF THE AGENDA Village Manager Bradford asked that a modification, be made to the Agenda allowing Centel Cable Television Company of Florida to make a presentation to immediately follow the Public Hearing since those speaking for Centel Cable had another engagement to attend. Mr. Bradford asked for allowance under "Any Other Matters" to permit discussion of the Code Enforcement Board enforcement procedures , and also a discussion regarding the Task Force recommendation for Council to consider implementation of "zoning in progress" -within the study area of the Task Force. With the above amendments the Agenda was approved. IV. APPROVAL OF MINUTES AND REPORTS A) Tequesta Downtown Development Task Force Meeting - August 4, 1989 ; B) Village Council Meeting - August 10, 1989 ; C) Village Manager' s Report - August 7-18, 1989 ; D) Community Appearance Board Meeting - July 19, :1989 . Village Council Meeting Minutes August 24 , 1989 • Page 2 Councilmember Mackail asked regarding Bayview Terrace proposed sign in the CAB July 19 report in reference to the appearance of the sign as to whether it was approved as submitted or whether recommended changes were to be made . Village Manager Bradford stated the issue was that some of the CAB members were concerning with the wood sign versus a CBS block structure . Vice-Mayor Howell move to approve all of the above Minutes and Reports as a whole as submitted. The motion was seconded by Councilmember Burckart . The vote was : Mayor Joseph N. Capretta - for Vice-Mayor Edward C. Howell - for William E. Burckart for Ron T. Mackail - ,for Earl L. Collings - for the motion therefore passed -and was adopted. • V. COMMUNICATIONS. FROM CITIZENS Jim Pilz, of the Tequesta Downtown Development Task Force, wanted to address amending the, Village Zoning Ordinance relative to Ordinance No. 390 . He stated he was concerned ,since_ in the.. .. . ., upcoming Charrette and the possibilit'y`-of' possible zoning changes coming .out of -that Charrette, ,.that. perhaps tiCouncil, ought` not -to. approve any more than they .had..to -regarding this- issue, waiting to seethe outcome of the . Char-rette. Mayor Capretta stated that exactly what, Council_ was- ,going to attempt to do., and in fact:it was his concern that the proposed Radisson not be held up in the pursuit of their development. Village Manager- Bradford stated he recollected from the last 'Village Council Meeting .the Landscape. Ordinance would be ,held in abeyance and to proceed with: Ordinance No. 390, recognizing Council'may 'very well have to comeback to it again to include those issues that might come out of the Charrette, as part of a larger zoning ordinance amendment. To do so .would enable the -Radisson 'to continue to move forward. • Tim Goldsbury was 'conoerned with-the uniform waterway control explaining ;that :citi-zens jn his.,::neighborhoodr.are .concerned regarding boat lifts creating navigational hazards. He stated boat lifts are allowed to come out at' _east 10 feet as a permanent structure beyond the .six foot dock and that promotes real hazards in canals 85 feet or less . Mayor Capretta stated since this issue was the 'next item on the Agenda, Council would.,at this time ,_,proceed on to- the Public Hearing. , Village Council Meeting Minutes August 24, 1989 Page 3 VI . PUBLIC HEARING A) Ordinance No. 390 - First Reading - Amending the Village Zoning Ordinance by Providing For New Landscape Open Space Requirements, Increasing Maximum Building Heights, Amending Front, Side, and Rear Yard Setbacks, Amending Maximum Lot Coverage and Amending Dock and Pier Length Computations. Attorney Randolph stated they had proof of publication of the first public. hearing for the adoption of Ordinance No . 390, this was a public hearing giving the public opportunity to comment in regard to the Ordinance . Attorney Randolph read the Ordinance by Title: "AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING ZONING ORDINANCE NO. 355 , AS AMENDED, BY AMENDING SECTION VII , SCHEDULE OF SITE REGULATIONS BY PROVIDING FOR MINIMUM LANDSCAPE OPEN SPACE IN THE C-1 , C-2 AND C-3 ZONING DISTRICTS IN THE' AMOUNT OF. TWENTY- FIVE PERCENT; BY INCREASING THE MAXIMUM BUILDING HEIGHTS WITHIN THE C-.2- ZONING DISTRICT TO FIVE STORIES/SEVENTY "FEET IN HEIGHT; BY.AMENDING. THE..MINIMUM SIDE YARD SETBACK REQUIREMENTS IN THE C-2 ZONING DISTRICT SO AS TO PROVIDE A MINIMUM SIDE YARD OF TEN FEET AND AMINIMUM OF TWENTY FEET AT. INTERSECTING STREETS. AND WHERE CONTIGUOUS TO NON-COMMERCIAL DISTRICTS; BY AMENDING THE MINIMUM FRONT YARD, SIDE YARD AND REAR YARD REQUIREMNTS =SO AS. TO. .:INCREASE• SAME BY FIVE FEET FOR EACH STORY ABOVE THE, THIRD STORY WITHIN THE C-2 ZONING DISTRICT; BY AMENDING THE MAXIMUM LOT COVERAGE IN THE C-1 , C-2 AND C-3 ZONING DISTRICTS TO FORTY PERCENT; BY AMENDING SECTION.. IX-A, SUB-SECTION (E) RELATING TO PLANNED COMMERCIAL DEVELOPMENTS BY INCREASING PERMITTED BUILDING HEIGHTS TO SIX STORIES OR EIGHTY-FOUR FEET; BY AMENDING SECTION XVI (B) RELATING ,TO DOCK AND PIER LENGTH BY PROVIDING THAT MOORING DEVICES, BOAT LIFTS, DAVITS AND WHIPS SHALL NOT BE CONSIDERED IN COMPUTING LENGTH; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION.; PROVIDING FOR AN EFFECTIVE DATE. " Attorney:...Randolph commented on mooring devices: Section 3 in the Ordinance relating to that matter was a section which was inadvertently taken out of: the Ordinance when it was codified. The Ordinance relating to mooring devices and whips. previously provided that those devices should not be used in computing dock length, and when it was codified it was on the next page and just got left out. That was brought • Village Council Meeting Minutes August 24, 1989 Page 4 • • to the attention of the Board of Adjustment at one of their meetings, and in fact, the Board of Adjustment asked that this be brought back to Council to see that it be put back in. There were several problems concerning non-conforming docks within the Village , someone would come in and ask to simply repair a boat lift or something of that nature, and each time that was done, if their dock was non-conforming, they would have to come back before the Board of Adjustment to get a variance . This item was initially put in so that people putting mooring devices or whips on the dock would not have to come back for a variance. Member Collings felt that though the above-referenced matter was very justifiable, it was incorrect to mix subjects in an Ordinance. He felt it 'should have been handled separately. Attorney Randolph explained that was done merely for efficiency purposes, since it costs approximately $1 , 000 to advertise for public hearing; therefore, it was thought wise to cover as many items as were presently pending in one Ordinance, with thezthought' in mind if Council did -not wish to deal with any of those items, they could simply delete it ' from the first reading and it would hot have to be • included as part- of the Ordinance . ' ' • Mr. -:Collings moved that the section in proposed Ordinance No. • 390 dealing with docks and.,.piers -be .;removed for consideration._ Vice-Mayor Howell seconded the motion. The • vote was: - • . • . • • Mayor Capretta against Vice-Mayor Howell - for • William Burckart - against Ron Mackail - against • Earl Collings for the motion therefore failed and was not adopted. Mr. Kirkland stated that the amendment should have merely a paragraph stating that in canals 85 feet or less these docks could not' be-permitted because they presented- navigational hazards... .,He therefore felt this Ordinance could very easily be' re-drafted by -adding ' anotherSentence . Mr.- Kirkland felt this was really 'a moot point since the State , really dictates what goes on in the river. Attorney Randolph stated the State could not overrule the Village. in that regard; the State gives permits, and they can require, if there is Village Council Meeting Minutes August 24, 1989 . Page 5 turtlegrass or something of that .sort in the area, that a dock not be a certain length. And, in many instances , there is- a conflict between a municipal Ordinance and what the length of docks the State will permit. The Village, however, can be more restrictive than the State - sometimes the State can say the dock has 'to go out 50 feet so as not to effect the turtlegrass . But, if the Village agrees not to allow docks greater than 50 feet, then that prevails . Member Collings moved that the first reading of Ordinance No. 390 be approved, with a sentence added to Section 3 to read: "Boat lifts and mooring pilings outboard of docks and piers on -waterways and canals 85. feet or less in width are not permitted" . Councilmember Burckart seconded the motion . The vote was : Mayor Joseph N. Capretta- for • Vice-Mayor Edward C. Howell - for William E. Burckart - for Ron T. Mackail - for Earl L. Collings - for the motion therefore passed and was adopted. • VIII. NEW BUSINESS . B) Resolution No. 11-88/89 - Approving a Transfer of Control of Centel Cable .Television- Company of Florida by Adelphia Communications Corporation. Michael Tammara, of Gunster, Criser & Stewart law firm, introduced those in attendance representing the above- mentioned issue. In attendance were : Del Hanley; James Rigas, Vice President, Operations, Adelphia Communications Corp. ; Mark Gallaway, Vice President, Centel Cable; and Rick Peluso. Mr. Rigas gave a' brief background of Adelphia: He explained they are meeting the state-of-the-art as much as economically feasible, serving 60 ,000 customers in' 9'-10 . states on the eastern seaboard, trying to remain a customer- oriented operation, staying close to the communities in which they operate . He explained further problems that are- . unsolvable on a local level could always be addressed to himself or his father in Pennsylvania and they would Village Council Meeting Minutes August 24, 1989 Page 6 immediately approach the issue . Member Collings asked if there would be any significant operation or service changes which would effect the subscriber. Mr. Rigas explained Adelphia was largely continuing with some of Centel ' s plans , which involve replacing a microwave hop to this area with a fiber optics link, which would increase reliability and picture quality. They are completing an upgrade to a 62- channel capacity, as well as continuing to focus on customer service through training and advanced technology. Mayor Capretta stated he had received countless letters from Centel stating: "Sorry, we had a little outage and we were shut down for 45 minutes, . . . " etc. , etc. The Mayor stated that when one calls Centel to report an outage, all you get is a busy signal for ten minutes, then a recording of the romance of Centel, and then you get an Operator. When you get the Operator, they are courteous in saying they would send a repairman, and they do so. Mayor felt that though there might have been an improvement in the area in the last six months, nonetheless he would like the opportunity to tell the Chief of Police of Tequesta to arrest the Vice President of Adelphia Communications and sentence him to go to the phone and try to get Centel on the telephone, and upon reaching them, he would be released. Mayor felt that would be cruel and unusual punishment, since his attempt to reach Centel might take a long time . Mayor Capretta felt too much downtime for the cable company took place for outage reasons, and also the telephone time took too long. Mayor Capretta stated he didn' t appreciate getting so many letters from Centel since he did not desire to become a pen pal with them. Mr. Rigas stated the performance of Centel has improved. He had reviewed the phone situation at Centel , and actually witnessed a progressive improvement over recent months and assured the Mayor it would be monitored closely and be committed to improvement . Member Mackail asked if Adelphia had any plans in the future for re-laying any cable . Mr. Rigas stated any upgrade cable work had already been completed and there would be no further cable uprooting . Village Council Meeting Minutes .. August 24, 1989 . Page i • Member Collings moved to approve Resolution No. 11-88/89 . Member Burckart seconded the motion. The vote was : Mayor Joseph N. Capretta- for Vice-Mayor Edward C. Howell '- for William E. Burckart - for Ron T. Mackail - for Earl L. Collings - for the motion therefore passed and was adopted. VII. . DEVELOPMENT MATTERS A) Subdivision Review and Plat of Key West Village Being a Replat. of a Part of Intracoastal Villas: J. Barry Curtin, Esquire.. . . -Mr. .. Cur.tin presented a copy of the Plat of Key West Village. He explained Intracoastal Villasge was presented to Council and approved in November 1988, but at that time the mean high water line was note established on the Plat and it was agreed as part of conditions of approval to come back when that was available, and replat would take place at that time. : -That . ' ';, • was accomplished by earlyiMarch but there were probh'ems:;. . :, .,.. - getting the Corps of Engineer approval , which did not issue: . ' until August 2 , explaining the reason for the delay. `'Some: '' ' modifications had taken place on' the plans : What-Was originally platted. as Intracoastal Villas, is now. renamed Key ' - West Village. It .is labeled as a Re-Plat of a Portion- because there is a 10 foot strip running immediately. behind the. .shopping _center where the wall exists that was .formerly.,.a. part of this plat, and is now being deleted. The same holds true for the wall running around the southern edge of this property. In addition, there is an extra 10 feet that is being dedicated along Parcel C, which is the main turn: coming into that tract. As part of the Corps of Engineers approval; ' ' because of some of the passive. recreational activities , located on the 'easterly portion by the mangroves, it was appropriate to dedicate this conservation area .in _fee, to the . - Homeowners ' Association. The number of units have been ` • reduced from 29 to 24. There.;will be a waterfall with rock siding in Parcel C, somewhat similar to the entrance at Frenchman' s Creek, using the same landscape anccitect. - .They: are also requesting a variance ,removing the sidewalk _:from .the' Village Council. meeting Minutes August 24, 1989 Page 8 • north and south parimeter and from the waterfall area. They are requesting for the southeastern portion, because of the conservation area, requesting a variance be granted regarding the cul de sac to change a 60 foot radius to a 45 foot radius . This isimade necessary because of the rear lot line, • the presence of the mangroves , and the fact that they could not intrude into that area from a development standpoint . Member Collings asked if the covenant for the residents clearly cover the fact that the Association must maintain the area on the intracoastal and the park in the middle . Mr. e Curtin answered affirmative; he also explained they are 20% full ... Member Mackail asked whether the issue, which present residents of 'that area were concerned about regarding' 'access • to.' the little-canal located there had 'been resolved.Mr. . Haysfield explained they were working together with present' residents to resolve the. issue. Member: Mackail also stated_, the road coming into the complex promoted a problem on U.S . #1-, and., that -the DOT„would be cooperative in,•support of a . plan that would support the needs of the Village which 'wou'ld "probably :move' 'this roadway south. Mr. Mackail suggested it. might •be "wise, =if these problems were corrected.-..as "they arise. Mayor Capretta agreed and felt the •whole `'study of Route 1 from County Line Road _to Tequesta .Dri:ve.: regarding turn lanes' ought , to be done now and that,, the...,Village: .come; up . with a plan that is best for that urea -' Village Manager Bradford stated this is ,.-real:ly .a. traffic :}_ :. engineering issue and he felt no one on' Vil-lage Council had the expertise to decide the best layoutfor '.med-fans.".He mentioned it would cost $14 , 000 to have -someone with -that expertise survey the situation. Another proposed .change to the original plans..was at :.the .:back . end of Lot 18 , at the southeast quadron of the cul de sac, . the sidewalk would be terminated and resumed at the front . half of Lot 17 , then continued on around. • ro' • Village Council Meeting Minutes August 24, 1989 Page 9 • • Councilmember Collings moved to approve the Replat of Key West Village. Vice-Mayor Howell seconded the motion. The vote was : Mayor 'Joseph N . Capretta- for Vice-Mayor Edward C. Howell - for William E. Burckart - for Ron T. Mackail - for Earl L. Collings - for the motion therefore passed and was adopted. VIII . NEW BUSINESS (cont'd) • A) Recycling Presentation by Jeff Sabin of Nichols Sanitation and Consideration of Resolution No. 10-88/89 - Approving a Franchise for Residential Curbside Recycling and Amending the Franchise for Solid Waste Collection Services.' ' Village Manager Bradford explained the above-referenced - Resolution is the granting of a recycling ' frarichise to Nichols Sanitation and also to extend the existing Solid Waste Franchise with Nichols in -return for which they will give the Village the recycling program . for. the: first year at ,. no cost to the Village. He pointed.._out . that . sur,rounding communities had not had that privilege fora-their':first year. t . Jeff Sabin of Nichols Sanitation gave a slide presentation , explaining the recycling process, and also had'. with him on the premises a recycling vehicle which would be transversing the streets in northern Palm BeachCounty -to collect recyclable materials from households. Mr. Sabin explained the State of Florida had mandated through the".1988 ' Solid °'` - - Waste Management Act to recycle and divert 30% of the waste away from landfills , and the burden has: been placed on the County to accomplish this . Member Collings asked what the" educational process was-that citizens would be made aware of Mr.. Sabin, explained_ all participants would receive a post card approximately ''two weeks prior to program startup and- delivery-of.'.their. recycling bin ( 14 gal . curbside container) in which would be located an informational brochure describing the collectible materials and the program along with the -dates -of._.collection. Village Council Meeting Minutes August 24, 1989 . Page 10 Member Collings also asked what the procedure was for condo dwellers as opposed to single family dwellers. Mr. Sabin explained condo collections would not take place at this time - only single family dwellers would receive the collection service . Mayor Capretta asked what the cost per living unit would be - Mr. Sabin responded it was approximately $1 .85 . Mayor Capretta continued that if this process was threefold (recyclable, solid waste, and disposal), would the disposal cycle be put someplace else on the bill. Mr. Sabin explained the disposal part of the program was a County function. Nichols Sanitation is merely a collector. _..-Mayor ,Capretta asked what percentage of trash this process 'would 'take care of. Mr. Sabin answered 30%. Member Burckart moved to approve Resolution No. 10-88/89. Vice-Mayor Howell seconded the motion. The vote was: Mayor Joseph N. Capretta- for Vice-Mayor Edward C. Howell - for William E. Burckart Ron T. Mackail - - for Earl L. Collings ,adopted. .: the motion therefore passed .and;was C) Resolution No. 12-88/89,' :Approving kthe Application •d`f. North County Ambulance, Inc. ;for Funds,from the -_Palm Beach :County Emergency Medical Services 'Award"s Program to be used for the." Improvement and Expansion:'of EMS Services'Within 'the Village. Village Manager Bradford explained this had been done for the ' two past p years ( i .e. , whenever: ;th'ere. s.'a°.DUI conviction, there is a $25 . 00 surcharge,- a $5 .00 surchage for every moving violation that is `fought in court and convicted) . These monies are turned' over- to" the :State of Florida:,°•,with;-. 45% coming back to the municipality for the purpose of 'improving EMS services' for-whieh =North County"Ambulance makes application with the Village for; those funds, „ in essence,. authorizing 'them 'to have those mones . ($1 , 534') . Village Council Meeting Minutes August 24 , 1989 Page 11 Member Collings, moved to approve. Resolution No.. 12-.88/89 . Member Mackail seconded the motion. The vote was : Mayor Joseph N. Capretta- for Vice-Mayor Edward C . Howell - for William E . Burckart - for Ron T. Mackail - for Earl L. Collings - for the motion therefore passed and was adopted. D) Resolution No. 13-88/89 - Endorsing the Concept of One Stop Permit Program for Motion Picture and Television,:Production , within the Village of' Tequesta. Village Manager Bradford . reminded Council of the presentation at last Council meeting by Mr. Chuck Elderd, of the ,Film Liaison office, explaining this Resolution implements that proposal. Member Mackail moved to approve Resolution 13-88/89 . Member . Burckart seconded- the'.motion. The vote was': Mayor Joseph N. .Capretta for Vice-Mayor Edward C. Howell for William E. , Burckart for Ron T. Mackail4` for' Earl L. Collings -' :for the motion the refore passed and was adopted. : .: E) The Adoption ;of. Village Council .Priorities. Village Manager Bradford' explained he-was in receipt 'cif Council ' s scoring of the priorites. He scored the priorities by averaging :the .scores ..for..each item, with the results,. presented in a."memorandum ;to •Council 'dated August.: 18, 1989 . The top priorities are: 1 . Establishment of Water .Department Ten Year Plan;, , 2 . Public• Safety Consultant 'Study and .Implementation`" of Findings, 3 . Tequesta Drive Improvement Project Completion; 4. Develop Methods or Controls to Increase Revenues and Budget TaxIncreases Consistent with Demands ;, ,., . • t Village Council Meeting Minutes . August 24, 1989 Page 12 • 5 . Development of Downtown Master Plan with Zoning : Recommendations; 6 . Cypress Drive Drainage Project . Mayor Capretta stated the real measuring stick is not whether these priority projects are completed, but whether they are completed on time . Councilmember Mackail felt these priority listings should be measured on a quarterly basis , as opposed to annually. Mayor Capretta suggested to Village Manager Bradford that sometime in the month of December to have a review of the priorities, and a status report as a measuring stick toward completion of these tasks. Member Burckart stated items to be. consider.ed, .pr.iority should _not only be the above six mentioned, but attention should be given to .other items that are equally important. Member Collings concurred. Member Burckart moved to adopt the Village Council Priority List and have an update quarter.l.y _ on some scale that can, be reviewed' to examine progress . Councilmember Collings seconded the motion. The vote was: Mayor Joseph N. Capretta- fore Vice-Mayor Edward C. Howell - for William E. Burckart - for Ron.-T. Mackail - :... ,,, .for Earl L. Collings.. for - . . the motion therefore passed and 'was adopted. ' - F) Consideration of Lighthouse Gallery Request for Utilization of Gallery. S.quare North Parking .Lot for 26th Annual -Art and Crafts Festival Proposed for Sunday, November 19, 1989 . Councilmember Mackail moved to approve the Gallery Square North parking lot ' for the above proposed art and crafts festival., Councilmember Collings seconded the motion. ' The vote,. was:. Mayor., Joseph N Capretta , for. . • Vice-Mayor Edward C. Howell - for ' ' . WilliamE. Burckart - for • Ron T. Mackail - for Earl L. Collings ' - for the motion therefore passed ,and was adopted. Village Council Meeting Minutes August 24, 1989 Page 13 IX. ANY OTHER MATTERS Village Manager Bradford presented to Council a memorandum to which was attached applications from those applying to serve on the Code Enforcement Board. The applicants were : William Frank, 395 Riverside Drive, a real estate broker recommended by the Tequesta Business Association. Dr. Charles Foelsch, - 148 Fairview East, retired physician. Lloyd Decker, 2.29 Golf Club Circle, retired real estate broker. • George Boyhan', licensed professional engineer and licensed general contractor. . Paul Brienza, Director of Engineering Services,... Encon. David. Sweet, flight test, engineer, Sikorski Aircraft. William 'Sharpless, ' retired lawyer. William Treacy, consultant for Clean Air Industry and former COE of engineers' runion fort35 -Years.. ,William Clifton,-.;President and owner of Sunshine Decorators. Timothy Goldsbury, Vice President, Sales/Marketing, Smith- Perry Corporation. Gorden Ritter, industrial_:arts :.teacher, .Jupiter, High. School. Mr. Bradford went on to explain that the" Ordinance required that membership of the Code Enforcement Board consist of wherever possible an architect, businessperson, engineer, general contractor, realtor,- subcontractor, ` and 'a' general member. ,With .:,..that . in mind,,..-Village Manager suggested appointees such as: William Frank, who would have to resign from 'CAB' ' if he accepted the posi.ton, =Mr. .Brienza, Mr. ,Sharpless, . Mr., Treacy,. Mr.. Goldsbury, Mr Boyhan, and Gordon Ritter Mr. Bradford asked for Council input and''suggested`Counci'l take` the list home and study it and perhaps deal with it at a later Council meeting . Council agreed. Member Collings suggested that those who were not chosen as primary members .of the. CEB ,ought,'.to receive a letter asking them to.,serve Village Council Meeting Minutes August 24, 1989 Page 14 - - as alternates. Mayor Capretta reminded Council there were two other criteria: 1 ) the law which states prerequisites for serving on the Board; and 2) Mr. Collings suggestion that representatives of the various homeowners associations serve on the Board. Council agreed to study the list and decide at a later date who would serve on the Board. Mr. Bradford stated that at the last Task Force Meeting the subject of considering implementation of zoning-in-progress within certain areas of the study area came up because of two concerns. • 1 ) It would seem to be a waste to have a Charrette process, assuming zoning and architectural changes come out of that process, to have someonedevelop something contrary to that, and 2) to' announce zoning-in-progress to protect future buyers of property, letting them know changes may be forthcoming and what is on the books today may, in fact, not be there when they come in to develop. The Task Force voted to have these issues presented 'to Council for Council' s consideration. . Attorney Randolph felt it would be difficult to declare zoning-in-- progress, .before the r Charette actually started. He explained .the purpose of zoning-in-progress was simply to direct the Building Department not to issue any building permits for something which is . in contravention for that which is under study. Mr: P.ilz explained- the':Task Forc.e.. thought it best to make sure • . neither buyers :nor sellers -had any surprises if in fact .zoning changes were going to be ,made. Member Collings stated if someone • ' 'were to appear tomorrow: at the' Building Department with a complete • site plan, there would be • no conceivable way any action could be taken for the next six months, and by then the Charrette would be long gone. Attorney Randolph stated' that if someone -did come in , tomorrow with a completed plan that met all of the zoning codes, then the Village is compelled to give a permit for that project. He explained that the main reason to declare zoning-in-progress is where an area is being studied;• for instance, if .you are studying a downtown area and you may be ruling out commercial ventures , etc. , it's • almost like declaring a moratorium, and you simply state that the Building Official shall not grant any permits for anything • which -is`, under •study.- This has to be done as the project becomes more developed, but to do it now, there would have to be a carte blanch declaration of zoning-in-progress for the entire area, and no zoning permits could be granted within that area. . Village Council Meeting Minutes August 24, 1989 Page 15 Councilmember Burckart asked Mr. Pilz if all property owners within the study area had been notified. Mr. Pilz answered affirmatively. Council felt there was no real practical problem with the study area that should warrant a zoning-in-progress declaration. Mayor Capretta brought up two issues regard Tequesta Motor Cars : 1 ) Councilmember Burckart' s suggestion that the landscaping was not adequate, and 2)that he had receved a letter from Mr . Walsh ' s attorney concerning electrical power with FPL, how to get power into the project and if power was not provided there could be a lawsuit . The Mayor stated Mr. Walsh had told him he would do whatever is needed to make the landscaping right. Mayor Capretta asked Building Official, Scott Ladd if the electrical issue had been resolved. Mr. Ladd reported there had been a meeting with FPL, Mr. Walsh, his attorney, the Village Attorney and himself. Attorney Randolph stated a potential resolution of the problem had been discussed at that meeting, though it had not yet been fully discussed with Village Manager Bradford. X. ADJOURNMENT There being no other matters before the Council, the meeting was adjourned at 7 :30 P.M. Respectfully submitted, ,j/td4 Fran Bitters Recording Secretary ATTEST: Bill C. Kascavelis Finance Director DATE APPROVED: September 14 , 1989