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HomeMy WebLinkAboutMinutes_Regular_05/09/1996VILLAGE OF TEQUESTA Post Office Box 3273 357 Tequesta Drive Tequesta, Florida 33469-0273 (407) 575-6200 Fax: (407)575-6203 VILLAGE OF TEQUESTA VILLAGE COUNCIL MEETING MINUTES MAY 9, 1996 I. CALL TO ORDER AND ROLL CALL The Tequesta Village Council held a meeting at the Village Hall, 357 Tequesta Drive, Tequesta, Florida, on Thursday, May 9, 1996. The meeting was called to order at 7:03 P.M. by Mayor Ron T. Mackail. A roll call was taken by Betty Laur, Recording Secretary. Councilmembers present were: Mayor Ron T. Mackail, Joseph N. Capretta, Carl C. Hansen, and Michael R. Meder. Also in attendance were: Village Manager Thomas G. Bradford, Attorney Scott Hawkins sitting in for Village Attorney John C. Randolph, Village Clerk Joann Manganiello, and Department Heads. Vice Mayor Elizabeth A. Schauer was unable to attend as she was on a trip to New York City. II. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Hansen gave the Invocation and led those in attendance in the Pledge of Allegiance to the American Flag. III, APPROVAL OF AGENDA The following additions to the agenda were requested: Village Manager Bradford requested that Item X (I) regarding Kerycled Paper VILLAGE COUNCIL MEETING MINUTES MAY 9, 1996 PAGE 2 ---------------- discussion on ENCON be moved to VIII (C). Village Manager Bradford requested that Item X (J) Early Retirement Incentive Program, be deleted since more work on that item was needed. Village Manager Bradford requested that under Any Other Matters he be allowed to share recommendations to property owners relative to the new Mangrove Trimming Law. Councilmember Meder requested addition under Any Other Matters of a discussion of the Olympic Torch coming through Tequesta. Mayor Mackail requested postponement of consideration of the Citizens Priorities Committee, stating he was unsure of what was trying to be accomplished and was unsure whether staff would be able to complete that project prior to the end of the fiscal year since they had many other projects pending at this time, including the budget process, the Jupiter lawsuit, the stormwater utility, the ENCON concerns, the Gallery Square North lawsuit, the retirement plan which was postponed, the lawsuit with Tequesta Plaza, the bonding of the construction for the reverse osmosis plant, the twelve stormwater drainage projects, and Camelot. Councilmember Hansen agreed with Mayor Mackail and expressed the opinion that it was too late in the fiscal year to start the committee, and stated he would like to hear from other municipalities who had such a committee regarding how the committee members were picked, etc. Councilmember Meder commented that Lake Worth would be holding their priority session that Saturday, and questioned since it was his understanding that priorities were used to measure staff performance over the coming year, what would be substituted. It was explained that Village Council would set the priorities as had been done in the past. Councilmember Meder requested that Item X (G), Village Hall parking lot, be pulled from the Consent Agenda. Mayor Mackail passed the gavel and made a motion to approve the Agenda as amended. Councilmember Hansen seconded the motion. Tom Little, 486 Dover Road, questioned the necessity of VILLAGE COUNCIL MEETING MINUTES MAY 9, 1996 PAGE 3 ---------------- setting up another committee to assist the Village Council in setting priorities, since the Village Councilmembers possessed a total of approximately 35 years experience. The vote on the motion was: Ron T. Mackail - for Joseph N. Capretta - for Carl C. Hansen - for Michael R. Meder - for The motion was therefore passed and adopted and the Agenda was approved as amended. IV. COMMUNICATIONS FROM CITIZENS {NON-AGENDA ITEMS) Tom Little, 486 Dover Road, stated he had appeared before the Village Council a month ago and had commented that speaking for his wife and himself he wanted to express thanks for all of the effort and time which had been put into their handicap motor home parking situation at their residence. Mr. Little stated that if the word "hardship" had been accepted that based on their doctor's letter, this matter would have been resolved in January 1995. Mr. Little commented that the Village had now proposed another ordinance to assist handicapped people, which would be costly. Mr. Little commented that he had researched the uniform traffic control laws and read the State of Florida's Attorney General's opinion report 84-1 dated 1/10/94 regarding whether a municipality may adopt an ordinance regulating parking for physically disabled persons on private property, and that any person found guilty of parking in space designated for physically disabled may be fined up to $150. The opinion had been that municipalities were not authorized by law to enact an ordinance regulating the parking of physically disabled persons on private property. Mr. Little concluded that a new ordinance was not needed, and requested that a motion be made by the Village Council at tonight's meeting. It was the consensus of the Village Council to look at this matter further. VILLAGE COUNCIL MEETING MINUTES MAY 9, 1996 PAGE 4 Betty Nagy, 26 Shay Place, expressed her opinion that the first priority should be to see that at least one ambulance was stationed in the Village, and questioned what the Village had done to address this since Jupiter Hospital had moved all the ambulances from Seabrook Road, which meant that an ambulance must cross railroad tracks four times before reaching the hospital, which could serious if a train were running. Fire Chief Jim Weinand responded that the ambulances only provided transport to the hospital, while the Fire Department provided treatment immediately upon responding to a call. Since the response times had been averaging 2 to 2-1/2 minutes, treatment was starting then, and the time which the ambulances took to come from the hospital was being monitored, and had not been a problem. Brian Bobbit, 160 River Road, stated he had some paperwork he had picked up on the west coast regarding a cultural center, and left that information for the Councilmembers to pursue. V. CONSENT AGENDA All items listed with an asterisk (*) are considered to be routine and will be enacted by one motion. There will be no separate discussion of these items unless a Village Councilmember so requests, in which event, the item will be removed from the Consent Agenda of Business and considered in its normal sequence on the Agenda. The following items were listed on the Consent Agenda: VI. PRESENTATIONS AND PROCLAMATIONS *B) Proclamation of May 17 and May 18, 1996, as Poppy Days in the Village of Tequesta, Sponsored by the American Legion Auziliary in Observance of the Brave Defenders of our Way of Life. VII. APPROVAL OF MINUTES AND REPORTS VILLAGE COUNCIL MEETING MINUTES MAY 9, 1996 PAGE 5 *A) Board of Adjustment; January 22, 1996 *B) Community Appearance Board; March 27, 1996 *C) Village Council Meeting; April 11, 1996 *D) Special Village Council Meeting; April 23,1996 *E) Dover Ditch Improvement Project Public Information Meeting; March 20, 1996 *F) Village Manager's Report; April 8, 1996 - May 3, 1996 X. NEW BUSINESS *D) Consideration of Authorization for Mayor to Execute Approval Letter to Palm Beach County Criminal Justice Commission for the Distribution of $662,485 of the FY 96/97 Federally Funded Drug Control and System Improvement (DCSI) Formula Grant Program Funds for Various Projects within Palm Beach County. (Staff Recommends Approval) *F) Consideration of Bid Award to Rosso Paving & Drainage, Inc. Of Lake Worth, Florida, in the Amount of $20,925 to Furnish and Install all Materials and Labor for Storm Drainage on Fairway east, with an FY 1996 Capital Improvement Fund Budget Allocation of $0, With Said Funding to be Provided from the Undesignated General Fund Balance Estimated to be $775,000. (Staff Recommends Approval) Motion was made by Councilmember Hansen to approve the Consent Agenda as amended by the deletion of item X(G). The motion was seconded by Councilmember Meder. The vote on the motion was: Ron T. Mackail - for Joseph N. Capretta - for Carl C. Hansen - for Michael R. Meder - for VILLAGE COUNCIL MEETING MINUTES MAY 9, 1996 PAGE 6 The motion was therefore passed and adopted and the Consent Agenda was approved as amended. X. G) Consideration of Bid Award to Charles S. Whiteside, Inc., of West Palm Beach, Florida, In The Amount of $13,000.00 to Furnish and Install all Materials to Overlay Village Ha11 Parking Lot, Having an FY 1996 Capital Improvement Fund Budget Allocation Balance of $25,000. (Staff Recommends Approval) Item X(G), which had been pulled from the Consent Agenda, was discussed. Councilmember Meder suggested this matter be delayed pending a decision of new or renovated Village facilities. Councilmember Hansen expressed his opinion that it would be 3-4 years before work on facilities would take place and that pavement would need replacement before that time. Councilmember Capretta agreed with Councilmember Hansen, and suggested the Village proceed with repaving because of the current poor condition of the pavement. Motion was made by Councilmember Hansen to approve Item X(G). The motion was seconded by Councilmember Capretta. The vote on the motion was: Ron T. Mackail - for Joseph N. Capretta - for Carl C. Hansen - for Michael R. Meder - against The motion was therefore passed and adopted. VI. PRESENTATIONS AND PROCLAMI~,TIONS A) Presentation of the Metropolitan Planning Organization 2015 Cost Feasible Plan by Karen Marcus, Palm Beach County District One Commissioner,and Randy Whitfield, VILLAGE COUNCIL MEETING MINUTES MAY 9, 1996 PAGE 7 ---------------- Director, Metropolitan Planning Organization of Palm Beach County. Commissioner Marcus explained that the purpose of this Plan was to assure that Northern Palm Beach County did not experience the gridlock which had occurred farther south; to show how the highway system would look when land uses were built out, and what it would cost; and to provide a tool for planning of land uses. Randy Whitfield explained that the Metropolitan Planning Organization was made up of County commissioners, and elected officials from City Councils and the Port of Palm Beach, and did transportation planning for the entire County. Mr. Whitfield's presentation involved a long range plan based on Comprehensive Plans for all the cities and the County, and took into account future traffic demand and a roadway and transportation system including pedestrian and mass transit facilities which had been developed using computer simulation. Mr. Whitfield explained that the number of busses would double and a Tri-Rail station would be placed in the vicinity of Tequesta Drive by the year 2015. Mr. Whitfield reviewed the roadway system and pointed out on the map various roadways which would be 2, 4, 6, 8 and 10 lane roads. Mr. Whitfield explained that this was a cost feasible plan which had been created by taking existing funding sources for transportation-- gasoline taxes, impact fees, and ad valorem taxes--and projected what would be available from those sources for the next twenty years. Mr. Whitfield commented that this plan would not eliminate traffic congestion in many areas, and that a system of bicycle lanes and sidewalks would be provided. Mr. Whitfield reviewed the funding sources and the anticipated expenditures, and concluded that $1.27 billion would be the total cost, which came to within between $5 to $10 million balancing with the funding sources. In response to Councilmember Hansen's question regarding the effect of DOT acquisition of the FEC VILLAGE COUNCIL MEETING MINUTES MAY 9, 1996 PAGE 8 ---------------- railway right-of-way, Commissioner Marcus explained that Tri-Rail would be able to extend its service farther north. Mr. Whitfield commented that he had heard requests for northward extension as far as Vero Beach. Commissioner Marcus stated that this information was offered to help the Village with land use designations within Comprehensive Plan changes to assure that changes would not cause extra traffic. Commissioner Marcus explained that the Western Corridor shown on the 2015 map but not currently on the County's thoroughfare map, was placed on the 2015 map at a time when the County was in the process of transmitting their thoroughfare map which at the time included the Western Corridor. Since then, a decision had been made not to include the Western Corridor until after all mediation had occurred. In response to comments by Mayor Mackail, Commissioner Marcus explained that there were no funds designated for the Western Corridor; and that discussions with DOT regarding an alignment had resulted in a proposal to provide an exit near Shoney's. Commissioner Marcus explained that DOT had indicated there should be no problem obtaining a permit for an access point, and that a traffic signal at the Winn-Dixie Shopping Plaza would only be temporary, and would be permanently located at the Shoney's exit, because the Western Corridor was anticipated to be a major traffic reliever through the community. The Western Corridor was described by Commissioner Marcus as coming around the back side of the park, cutting through behind the Public Works facility of the Town of Jupiter, through the southern part of Limestone Creek, and across the C-18 Canal. Commissioner Marcus stated the Western Corridor just needed to be put on the thoroughfare map after all mediation was concluded. SPECIAL PRESENTATION Village Manager Bradford announced that this special presentation had not been on the agenda. Mayor Mackail and Village Clerk Joann Manganiello presented a surprise birthday cake to Councilmember Joseph Capretta in honor of VILLAGE COUNCIL MEETING MINUTES MAY 9, 1996 PAGE 9 his birthday that day, and the audience joined in singing Happy Birthday. VIII. COMMITTEE REPORTS A) Public Works Committee; April 16, 1996 Village Manager Bradford reported that the Public Works had reviewed for the second time the Safe Neighborhood District concept of having a Safe Neighborhood District planning ordinance adopted by the Village Council. The previous questions which had come before the Committee in regard to the municipality's ability to limit the size of such a district and the effect of a Safe Neighborhood District upon the Comprehensive Plan and vice versa were reviewed and answered to the Committee's satisfaction. The draft ordinance which would create a Safe Neighborhood District was reviewed. Discussion had been held regarding Country Club Drive traffic control options such as stop signs, traffic signals, etc., and other efforts to provide 4-way stops in certain areas along that road. Village Manager Bradford reported that there had been a lot of input from residents at the meeting regarding options and alternatives. Village Manager Bradford stated that in summary the Public Works Committee recommended to the Village Council the adoption of the Safe Neighborhood Improvement District Ordinance which was on the agenda at tonight's meeting. Motion was made by Councilmember Meder to approve the Public Works Committee meeting of April 16, 1996. The motion was seconded by Councilmember Hansen. The vote on the motion was: Ron T. Mackail - for Joseph N. Capretta - for Carl C. Hansen - for Michael R. Meder - for VILLAGE COUNCIL MEETING MINUTES MAY 9, 1996 PAGE 10 The motion was therefore passed and adopted. B) Finance and Administration Committee; April 22, 1996 Village Manager Bradford reported that the Finance and Administration Committee had reviewed the proposed reverse osmosis treatment plant financing options. Village Manager Bradford reported that Tequesta must expand their water treatment plant since they had reached percentage thresholds which required that new plant design must be underway. Village Manager Bradford explained that there was no more water available to Tequesta from the surficial acquifer so that expansion must be by way of construction of a reverse osmosis treatment plant. Village Manager Bradford commented that over the past 7 - 10 years, the Village Council had taken steps which had postponed the necessity of a reverse osmosis plant until the price of technology for such a plant had dropped. The Village Manager pointed out that options to proceed were to provide a complete plant for approximately $10 million; to provide an approximately $7.1 million plant; to provide an approximately $6 million plant; or to provide an approximately $4 million plant. The Committee had rejected the least expensive option since it would basically be thrown away since it could not be used in the future when demand increased. The major shortfall of the $6 million plant was that it did not provide for automated chemical feed or a consolidated plant facility whereby workers could be in control of both surficial aquifer and r/o water activities at the same time, and was therefore too labor intensive. Therefore, the choice was between the $7.1 million and $10 million options, and the Committee recommended the $10 million option strictly for budgetary purposes at this time, while legal and mediation activities were continued relative to the Jupiter water rate dispute. Village Manager Bradford reported there had also been some discussion regarding ENCON. Councilmember Hansen questioned when the decision between the $7 and $10 million plants would have to be made, to which Village Manager Bradford responded that a decision must be VILLAGE COUNCIL MEETING MINUTES MAY 9, 1996 PAGE 11 ---------------- made by September or October, and it was felt that the legal matter with Jupiter could take 18-24 months, not including any appeals. Councilmember Capretta commented that the only way to resolve the Jupiter issue shortly would be by mediation, and that if the mediation should fail the Village would be forced to make a decision regarding which r/o plant to build. Councilmember Capretta explained that the $7 million r/o plant would be constructed but only contain one or two treatment facilities in the beginning; and that a test well was now in process to determine if r/o water was available. Councilmember Capretta commented that brine must be disposed of in the r/o process for which a permit was necessary to put it into the Intracoastal, and the Village was now involved in that process. Motion was made by Councilmember Hansen to approve the Finance and Administration Committee meeting of April 22, 1996. The motion was seconded by Councilmember Meder. The vote on the motion was: Ron T. Mackail - for Joseph N. Capretta - for Carl C. Hansen - for Michael R. Meder - for The motion was therefore passed and adopted. C) Discussion of Tequesta Involvement with ENCON in Addressing Pollution Sources of the Loxahatchee River. Joe Ellis, Al DeMott, and George Gentile, ENCON Board members present in the audience, were welcomed. Village Manager Bradford explained that there were two separate and distinct areas within the Village relative to the ENCON sewering issue--one was the responsibility of the Village to protect the interests of the residents who had had proposed to them that their homes must be connected to a sewer system; and the other was to protect the corporate interests of the municipal corporation known as the Village of VILLAGE COUNCIL MEETING MINUTES MAY 9, 1996 PAGE 12 Tequesta. Village Manager Bradford reported that on April 18, 1996, the ENCON Board had voted 3-2 to postpone action on installation of sewers on the Tequesta Peninsula with the condition that Tequesta would work with ENCON prior to its next meeting, scheduled for May 16, to jointly address the problem. Village Manager Bradford reported that he and Mayor Mackail met with George Gentile to discuss this subject, and that Mr. Gentile believed the people of Tequesta and ENCON could work together regarding protection of the Loxahatchee River. Village Manager Bradford stressed that Mr. Gentile spoke only for himself and not for the whole ENCON Board. Village Manager Bradford stated that Mr. Gentile and other Board members had acknowledged that any alleged pollution from septic tanks was one of many sources of pollution to the river, but that it was one of ENCON's responsibilities to address. Village Manager Bradford summarized his view of the meeting that Mr. Gentile would be willing to have the citizens of Tequesta Country Club as well as others to work with the ENCON staff and/or their consultants to revisit specific aspects of the Harbor Branch Study. The citizens would be involved in sampling, reviewing ways and means by which sampling had been done, and possibly to obtain results from an independent laboratory review of samples from the test wells. Village Manager Bradford explained that he was speaking for Mr. Gentile when he stated that ENCON would consider taking a regional approach to the problem by showing to the residents of Tequesta that they were not just picking on Tequesta but had a comprehensive sewering plan which would show the time planned for the complete sewering of every area within their district. They were also willing to revisit the question of ENCON forming a stormwater utility of their own, or other mechanism to address the seemingly major pollution source--the runoff west of Tequesta into the C-18 Canal and other western areas. In areas where the only alternative was low pressure sewer systems, ENCON was willing to pay all maintenance and operating costs associated with running the low pressure sewer system. Assuming the revised study indicated VILLAGE COUNCIL MEETING MINUTES MAY 9, 1996 PAGE 13 ---------------- pollution, Tequesta would be proposed for severing in approximately two years and the intent was to sewer the Bermuda Terrace area sooner. Village Manager Bradford explained he had advised the Village Council that if they wished to work with ENCON, it seemed that the number one concern of the people was the methodology and the practices and procedures used in the Harbor Branch study to allegedly pinpoint pollution to the river from septic tanks. Another concern raised by Village Manager Bradford was that ENCON needed to make clear to the public that they had a regional approach to river enhancement, which could be done by identifying and quantifying known pollution sources ranked in order of significance. Village Manager Bradford suggested that if the Village Council wanted to pursue this course of action that they might wish to appoint a task force made up of Tequesta residents and other Loxahatchee River district residents--not biologists, scientists, or agency bureaucrats, but concerned residents. A 5 to 10-year comprehensive plan would be needed for addressing the most significant sources of pollution to the river in order to develop cost effective means of reducing the pollution. If there was a desire for joint funding, Village Manager Bradford suggested that might be done via an interlocal agreement. Another consideration suggested by the Village Manager was linkages between municipal stormwater utility activities and ENCON to address the stormwater pollution, specifically in areas such as Dover Ditch where runoff was collected from both Jupiter and Tequesta, and in areas where ENCON resources and expertise exceeded that of the Village stormwater utility. Also suggested to the Village Council by the Village Manager was that if they chose to work with ENCON that the existing Tequesta sewer franchise agreement which authorizes ENCON to operate within Tequesta's jurisdiction needed to be updated to accurately reflect the relationship between Tequesta and ENCON and to properly delineate duties and responsibilities to each party to the agreement. VILLAGE COUNCIL MEETING MINUTES MAY 9, 1996 PAGE 14 Dr. Stanley Jacobs, 23 River Drive, reported he, Gary Collins, and Vince Amy had spent many hours on this ENCON issue. Dr Jacobs stated that he had recently sent to the Village Council a copy of a letter he had sent to ENCON reviewing his last talk to them reviewing where test sites had been done. Dr. Jacobs read aloud from a letter to the Village Council which has been attached to and made a part of these minutes. Dr. Jacobs expressed concern with possible salt water intrusion into the water supply and stated that friends of his at Anchorage Point could no longer use well water for watering their lawns because of salt water intrusion. Dr. Jacobs also recommended research on trihalomethanes which resulted from chlorination of IQ water to kill bacteria, and what effect they might have on the ground water supply. Dr. Jacobs requested that the Village Council be very careful about allowing this matter to proceed. Neil Vander Waal, 55 Yacht Club Place in Tequesta Country Club, stated he had become extensively involved in the Tequesta Peninsula sewering issue and that it had become apparent that the river was under attack from many sources, and the water quality upriver was very poor to the extent that fish could hardly live. Mr. Vander Waal expressed the opinion that the Harbor Branch study was flawed and therefore not suitable as a basis for sewering and requested that the Village Council require ENCON to postpone sewering for one year in order for them to test all possible sources of pollution to the river, to rank the sources in order of highest pollutants, to share that information with local municipalities as it became available, and then to apply a cost benefit study. In the event sewering was found to be necessary, Mr. Vander Waal recommended a cost benefit study for sewering and using the most effective systems that could be designed while creating minimum impact to property values and aesthetics, and a financing means developed to consider those homeowners unable to pay. Mr. Vander Waal commented that ENCON should be using its revenues to work with area VILLAGE COUNCIL MEETING MINUTES MAY 9, 1996 PAGE 15 governments in designing stormwater runoff systems for drainage and canal systems. Mr. Vander Waal thanked Mr. Gentile for meeting with Tequesta representatives to try to work together in this matter. Tom Little, 486 Dover Road, questioned the amount of money which had been spent on stormwater drainage to which Village Manager Bradford responded that the figure would be hundreds of thousands of dollars over the years. Mr. Little expressed concern that working with ENCON would take a long time and that nothing would be done in time for hurricane season. Mr. Little recommended repair of systems currently in place to move stormwater out of the community, so that flooding would not occur. Village Manager Bradford commented that any collaboration with ENCON on storm drainage would not halt the Village's current stormwater utility plans and capital improvements planned for drainage. Mr. Little stated that his question had been answered. Mr. Little quoted from a brochure published by ENCON, stating that stormwater runoff was the primary source of pollutants found in Florida surface waters, and expressed his opinion that the problem was stormwater drainage and not septic tanks. George Gentile stated for the record he was not representing the Board's total opinion. Mr. Gentile expressed the opinion that ENCON and the Village could work together and assured the Village that their recommendations would be reviewed. Mr. Gentile clarified that four years ago when ENCON had established a river enhancement program and started to address stormwater as a major pollutant to the river, two lawsuits were filed against ENCON by two other drainage districts to prevent their addressing the issue, and two municipalities--Jupiter and Tequesta-- had immediately taken steps to establish their own stormwater utilities. ENCON had agreed to stop any stormwater utility activities until December, 1996, when they would begin a major stormwater enhancement program throughout the district. Mr. Gentile explained that ENCON had equipment which the Village VILLAGE COUNCIL MEETING MINUTES MAY 9, 1996 PAGE 16 could not afford, which could be shared to deal with EPA mandates. Mr. Gentile explained that ENCON had established a master sewering program four years ago, and had just received a request from Martin County to look at southern Martin County for sewering. Mr. Gentile explained that Tequesta was a part of that plan, but he was willing to work with the Village on other issues such as stormwater. Councilmember Capretta explained that residents objected to the Harbor Branch study since it did not prove to them the necessity for sewering, and the Village had allowed residents to work on this issue to be sure the study was valid. Another issue was cost effectiveness, so that the major pollutants should be addressed first. Councilmember Capretta questioned the amount of fresh water that SFWMD was putting into the river, to which Mr. Gentile responded that SFWMD was very interested in the river, and had met with ENCON many times, however, they had a 16-county area to cover so that the Loxahatchee River was number 28 on their priority system, and they had not yet started work on number four. Mr. Gentile explained that SFWMD looked to ENCON to deal with specifics, and that fresh water would become a bigger issue. Mr. Gentile stated that ENCON was the stewards of the river and must protect this State resource, which was the only wild and scenic river in Florida. Councilmember Hansen agreed the environment and the river must be protected, expressed his opinion that the reason ENCON had encountered so much resistance was the way they had pushed forward, commented that tonight was the first time he had heard of a plan and asked for information regarding that plan. Councilmember Hansen expressed concern that ENCON planned to vote on this issue at their meeting the next week, without providing answers to residents' questions regarding how, when, type of system, cost, etc., which made the residents feel that ENCON held them in contempt. Mayor Mackail addressed Mr. Ellis and requested that VILLAGE COUNCIL MEETING MINUTES MAY 9, 1996 PAGE 17 the comments which had been made be considered by the ENCON Board, to which Mr. Ellis agreed. Joe Hall, 159 Country Club Drive, questioned that the testing had only taken place up to the Martin County line. Mr. Ellis responded there were septic tanks which were not included in the study but that they would be included in sewering if it occurred. Mr. Ellis also explained there was not a master study because of the cost and areas were addressed which appeared most likely to need sewers. Jones Creek Area and Jupiter Estates had been sewered since studies had shown that sewers were needed in those areas. Councilmember Meder questioned why information from the meeting between the Mayor, Village Manager and Mr. Gentile had not been shared before tonight's meeting, what action the Village Council planned to take regarding working with ENCON, and stated he wanted no part of working with ENCON on stormwater. Mayor Mackail explained that at the meeting he had not spoken for the Council, but only for himself. Discussion ensued during which Councilmember Meder explained he had received many calls regarding stormwater drainage and sewering from Tequesta residents and from residents of unincorporated areas who almost unanimously had no interest in participating in sewering or inviting ENCON to participate in Tequesta's stormwater utility, since residents wanted the Village to maintain its independence. Councilmember Meder objected to spending money to jointly fund another study. Councilmember Hansen commented that the Village had made no commitment, that he had noticed a change in attitude by ENCON representatives at tonight's meeting by emphasis placed on storm sewers, and that the Village had fought with Jupiter for years trying to do something about Dover Ditch with no results and he was hopeful that ENCON could help persuade Jupiter they should share the cost of fixing the problems of Dover Ditch. Councilmember Hansen favored working with ENCON in specific areas, and making no commitments. Councilmember Capretta commented that ENCON could put VILLAGE COUNCIL MEETING MINUTES MAY 9, 1996 PAGE 18 in sewers without Tequesta's approval and that if Tequesta residents did not believe sewers were needed then a strategy should be decided upon, either to persuade ENCON to work together on establishing priorities for pollutants or to legally oppose ENCON in their sewering process. Councilmember Meder stated it was ENCON'S decision whether or not sewers were to be installed and Tequesta did not need to spend any money or energy to help them achieve their goal, but since they had indicated that sewering was optional, the Village should tell ENCON the Village was not prepared to take that option. In response to Mayor Mackail's question what would happen if the Board of Health found septic tanks polluting the river, Mr. Gentile stated ENCON would then have to immediately commence sewering. Mr. Gentile commented that the Ellis rule was amended four years ago so that ENCON and DEP believed there was enough evidence in the study to meet the Ellis rule and that was why ENCON had proceeded as they had. Mr. Gentile stated he was trying as one Board member to work with the Village of Tequesta, that ENCON recognized Tequesta's stormwater utility and were not establishing their own even though they had the authority to do so, and offered any assistance to help, such as with equipment that the Village could not afford to purchase. Mayor Mackail expressed his opinion that using resources from ENCON and other municipalities could lower the stormwater utility cost to Tequesta residents and therefore he would not commit to being independent or not looking at other resources when he knew they might lower costs to Tequesta residents. Mr. Gentile stated that the Village Council's constituents were also his, and they voted for the members of the ENCON Board, so ENCON was concerned about Tequesta and was there to help do a job. Councilmember Capretta commented that the best position for ENCON's Board to take was to take a more regional approach, and to submit their plan to the public. Mr. Gentile responded there were 2,000 more sewers which would be installed under the ENCON plan, and the plan had been started in Jupiter River Estates where their effluent had been above ground. Mr. Gentile stated that he believed ENCON VILLAGE COUNCIL MEETING MINUTES MAY 9, 1996 PAGE 19 would look at a long-term program for the Tequesta area, possibly to sewer the area in two years, and that ENCON believed sewering was needed. Mr. Gentile explained that from Dade County south into the Keyes EPA and DEP had mandated sewers in 24 months, with no recourse, and that situation could be avoided in this area by working together to sewer and taking advantage of options such as setting up a funding mechanism. Mr. Gentile stated again that he was speaking as one Board member. Mayor Mackail expressed concern that small municipalities would not be able to afford demands placed upon them in the future by EPA. Mr. Gentile pointed out the ENCON constituency consisted of 53,000 people, which provided an economic advantage, and they were there to help the Village with drainage, and not to take over the Village's stormwater utility. Councilmember Meder questioned where remediation of pollution from the north and northwest forks of the Loxahatchee River was on ENCON's priority list, to which Mr. Gentile responded it had been number one until they had been stopped by lawsuits and had been directed to stop their efforts until December, 1996. Councilmember Meder commented that the plan needed to be explained broadly to all the residents. Al DeMott commented this problem had been discussed for five years and was no closer to resolution than five years ago, however, the vote to start sewering was on ENCON's May 16 agenda and he had understood that the Village Council was going to submit a plan to ENCON's Board recommending 4 or 5 different causes of pollution, not just sewering, which plan would take effect over the next 4 to 5 years. Mr. DeMott stated if the ENCON Board did not receive such a plan from the Village by next week he did not know how the ENCON Board would vote, and hoped that he would know before he left this Village Council meeting that such a plan would be submitted. Village Manager Bradford stated he was proposing the Village of Tequesta corporate entity take an arm's length distance from the citizens of Tequesta Country VILLAGE COUNCIL MEETING MINUTES MAY 9, 1996 FAGE 20 Club, Tequesta Country Club Point, Bay Harbor--all the places on the peninsula which were not sewered, so that those citizens would work with ENCON to revisit the methodology, practices and procedures used in the Harbor Branch study to see if results would be different, and if not, to agree to sewers. Village Manager Bradford stated that Tequesta would request ENCON to allow the citizens to participate in revisiting the issue, but if ENCON did not agree that none of the other proposals would take place. The Village Manager stated the Village was not proposing to do away with their stormwater utility, but to link with ENCON or anyone else who could help get the job done in the most cost effective way possible, which might operate similar to NAMAC or just be a contract with ENCON for equipment. Councilmember Meder agreed with that proposal. Village Manager Bradford explained that areas of capital construction involving boundary lines for different communities, for example Dover Ditch, might be easier for a regional group such as ENCON to deal with so that Tequesta would not have to pay for the whole project. Village Manager Bradford stated he was not proposing that joint linkages, a task force, or funding take place until after residents had worked with ENCON to revisit the Harbor Branch study. Village Manager Bradford stated that the corporate entity, Village of Tequesta, had a problem with sewering Bermuda Terrace involving legal matters that could not be discussed at this meeting. Mr. Martin inquired why Bermuda Terrace had been singled out, which Village Manager Bradford explained he did not know ENCON's reason, but the corporate entity had a problem and would discuss the issue with ENCON. During ensuing discussion, Mr. DeMott explained that when ENCON had received the study it included Bermuda Terrace, however no tests had been conducted from that area. Mayor Mackail suggested Mr. Martin request literature from ENCON. Mr. Gentile assured Mr. Martin that if he contacted ENCON that ENCON would provide him all documentation that had been supplied to the Village of Tequesta. VILLAGE COUNCIL MEETING MINUTES MAY 9 , 1996 PAGE 21 Motion was made by Councilmember Hansen that the Village Manager on behalf of the Village Council send a letter to ENCON addressing the eight problems on the sewering issue as outlined by Village Manager Bradford. Councilmember Capretta seconded the motion. During discussion of the motion, in response to Councilmember Meder's request for verification that item one would be a group of citizens from the affected area, not the Village of Tequesta, signing up to participate in the study, Village Manager Bradford verified that was correct. Councilmember Meder questioned the need for item number six, to which Village Manager Bradford responded referred to joint funding which could come about in terms of linkages in the stormwater utility such as a sweeper, a vacuum, etc. The vote on the motion was: Ron T. Mackail - for Joseph N. Capretta - for Carl C. Hansen - for Michael R. Meder - against The motion was therefore passed and adopted. IX. DEVELOPMENT MATTERS A) Special Exception Public Hearing and Modified Site Plan Review, Including Landscaping Ordinance No. 377 Waiver Request, and Variance Requests for Finished Floor Elevation of 5.97' in Lieu of 8.5' Minimum Required and for Side Yard Set Back of 8' in Lieu of 10' Required. Jan Strauss, Agent for Owner. (A QUASI JUDICIAL HEARING) George Gentile came forward to make the presentation on behalf of the Jib Club, and commented that Mr. Strauss was present in the audience. Building Official Scott D. Ladd explained that this was a quasi judicial hearing for which the agenda guidelines should be followed. VILLAGE COUNCIL MEETING MINUTES MAY 9, 1996 PAGE 22 1) Swearing-In of Witnesses, if required. Attorney Scott Hawkins called for anyone who wished to speak regarding development issues to stand and take an oath. Village Clerk Manganiello swore in those standing. 2) Testimony of Witnesses and Cross Examination, if any. Jim Sturgis, Architect, reviewed the requested addition. Mr. Gentile then presented a site plan to meet Landscape Ordinance 377, and reviewed the 8 waivers which were requested. Councilmember Hansen questioned the consequences of granting a lower finished floor elevation, to which Mr. Gentile responded this was requested to match the finished floor elevation of the existing floors, and that there was no flooding problem. Building Official Ladd explained that the minimum finished floor elevation had been changed by ordinance to require 8' rather than the 6' previously required for several reasons, including participation in the CRS program which allowed residents a 5$ discount on flood insurance. Mr. Ladd requested that the motion for variance be subject to the applicant recording a hold harmless agreement. Jim Pilz, 18345 SE Cassia Lane, in Martin County, stated he paid taxes to Tequesta because for 20 years he had leased a dock at the Jib Yacht Club and Marina, and was present to lend his support to the requested variances. Mr. Pilz reported he had represented the condominiums on Beach Road during the project on 707 and the Jib Club had participated and paid part of the cost and had always been very conscientious regarding landscaping. Mr. Pilz requested that the VILLAGE COUNCIL MEETING MINUTES MAY 9, 1996 PAGE 23 Village Council support this improvement. Mr. Pilz stated the Village Council should be as difficult with business people who had let their landscaping deteriorate as with new people or existing residents who wanted to make minor changes. Mr. Pilz commented the Village did nothing about the lack of landscaping at the Post Office, and Puritan Cleaners. Mayor Mackail explained the cleaners had been addressed two weeks ago and the Post Office was now being addressed. Village Clerk Manganiello conducting the swearing in of Tom Little. Tom Little, 486 Dover Road, commented on the necessity of that if the property ever changed hands the new owners would be informed that the Village had a hold harmless agreement at the time the variance was granted. 3. Disclosure of Ex-Parte Communications A poll of the Council indicated there had been no ex-parte communications. 4. Finding of Fact Based upon Competent Substantial Evidence: Building Official Ladd advised that the motions should be made in the order listed on the agenda and that item c) should include reference to a hold harmless agreement. a) Motion to Approve/Deny Special Exception Use Councilmember Hansen made a motion to approve the Special Exception Use. Councilmember Meder seconded the motion. The vote on the motion was: VILLAGE COUNCIL MEETING MINUTES MAY 9, 1996 PAGE 24 Ron T. Mackail - for Joseph N. Capretta - for Carl C. Hansen - for Michael R. Meder - for The motion was therefore passed and adopted. b) Motion to Approve/Deny Variance for Side- Yard Set-Back of 8' in Lieu of 10' Required Councilmember Meder made a motion to approve the Variance for Side-Yard Set-Back of 8' in Lieu of 10' Required. Councilmember Hansen seconded the motion. The vote on the motion was: Ron T. Mackail - for Joseph N. Capretta - for Carl C. Hansen - for Michael R. Meder - for The motion was therefore passed and adopted. c) Motion to Approve/Deny Variance for Finished Floor Elevation of 5.97' in lieu of 8.5' required. Attorney Hawkins advised that the hold harmless agreement should contain a provision that in the event of future sale that the Seller must obtain consent to the hold harmless agreement so that the future buyer would be taking on the obligation. Building Official Ladd commented that the Village required hold harmless agreements to be recorded so that a title search would reveal the agreement. Councilmember Hansen made a motion to approve the Variance for Finished-Floor Elevation of VILLAGE COUNCIL MEETING MINUTES MAY 9, 1996 PAGE 25 ---------------- 5.97" in Lieu of 8.5' Required subject to execution of a Hold Harmless Agreement to be recorded. Motion was seconded by Councilmember Meder. The vote on the motion was: Ron T. Mackail - for Joseph N. Capretta - for Carl C. Hansen - for Michael R. Meder - for The motion was therefore passed and adopted. d) Motion to Approve/Deny Site Plan. Councilmember Meder made a motion to approve the Site Plan. Councilmember Hansen seconded the motion. The vote on the motion was: Ron T. Mackail - for Joseph N. Capretta - for Carl C. Hansen - for Michael R. Meder - for The motion was therefore passed and adopted. e) Motion to Approve/Deny Landscape Waiver(s) Request Councilmember Hansen made a motion to approve the Landscape Waivers. Councilmember Meder seconded the motion. The vote on the motion was: Ron T. Mackail - for Joseph N. Capretta - for Carl C. Hansen - for Michael R. Meder - for The motion was therefore passed and adopted. VILLAGE COUNCIL MEETING MINUTES MAY 9, 1996 PAGE 26 Village Manager Bradford stated that the quasi judicial hearing was now closed. B) Landscape Ordinance No. 377 Plan Review; Landscape Waiver Request; Tequesta Financial Center, 218 U.S. Highway One South. George Gentile & Associates. Mr. Gentile reported the Community Appearance Board had recommended approval of this request with the requested waivers and requested additional vines on the fence, which had been done. Building Official Ladd commented there were no problems with this site and that approval by the Community Appearance Board had been unanimous. Councilmember Hansen commented he was impressed with the number of trees which had been placed on the lot, to which Mr. Gentile responded there were still more trees to be installed. In response to a drainage flow question by Village Manager Bradford, Mr. Gentile responded that he believed a stormwater system under the parking lot was tied into the U.S. One DOT system, and that most commercial parcels on U.S. One were tied into that system. Councilmember Meder made a motion to approve the Landscape Ordinance No. 377 Plan Review and Landscape Waiver Request for Tequesta Financial Center, 218 U.S. Highway One South. Councilmember Hansen seconded the motion. The vote on the motion was: Ron T. Mackail - for Joseph N. Capretta - for Carl C. Hansen - for Michael R. Meder - for The motion was therefore passed and adopted. Councilmember Meder requested that Building Official Ladd provide an update on the status of Ordinance 377 compliance to the Councilmembers by mail. Councilmember Capretta reviewed the Landscape VILLAGE COUNCIL MEETING MINUTES MAY 9, 1996 PAGE 27 Ordinance 377 requirements for the public. C) Notification to Village Council of Application for Zoning Text Amendments. William Burckart explained that two zoning text amendments had been submitted for consideration, one which would allow a used car dealership in addition to a new car dealership in C-2 zoning, and the other which would allow a fast-food restaurant in the Mixed-Use Zoning. Building Official Ladd advised that this matter could only be discussed in generalities since it would be heard as a quasi judicial hearing. Mr. Ladd explained this was a request from a private citizen who had paid the required fees, and this had been placed on tonight's agenda to alert the Village Council that it would be on an upcoming agenda. Councilmember Meder questioned Section 13 (B) (3) on page 1133 of the zoning code restricting times of operation to be closed on Sundays. Councilmember Meder suggested the business be allowed to stay open 11 A.M. to 6 P.M. Mr. Ladd explained that the restrictions had originally been suggested by a car dealership and the Village had accepted them, but they could be changed. Both Mr. Ladd and Attorney Hawkins advised that additional changes should be put into writing for staff review and brought back for approval at the time the zoning requests from the private citizen were heard. Councilmember Meder made a motion that staff review modification of Section 7 (13) (B) (3): Must remain closed on Sundays to be altered to read may be open on Sundays only from IZ A.M. to 6 P. M. During discussion of the motion, Councilmember Meder commented this could welcome businesses into the Village with more opportunities than they had anticipated. Mr. Burckart suggested that his VILLAGE COUNCIL MEETING MINUTES MAY 9, 1996 PAGE 28 second request for a fast food restaurant also be included in the C-2 District. Mr. Ladd responded to a question by Councilmember Capretta regarding the present preowned car business in the Publix Shopping Center that the existing business was by a broker and the party represented by Mr. Burckart wished to operate as a car dealership with service facilities. Councilmember Capretta questioned whether this request was any different than that granted to Mr. Walsh some time ago, to which Mr. Burckart responded that the only difference was that manufacturers would not issue a new car dealership in that area because it was an unproven market, and when something was opened there that was established as a successful business, there would be new car dealerships available for it. The business would initially involve reselling high end fleet vehicles, and service of vehicles. Mayor Mackail explained that because of licensing restrictions, the site had been virtually unattainable by any dealerships who had considered that location. Mr. Burckart stated it was Martin County dealers who were blocking this site, and not Palm Beach County dealers. Councilmember Hansen requested that staff advise the Village Council what other types of businesses the zoning changes would make possible. Mr. Ladd explained that the changes would limit additional uses to only the uses requested. Mr. Ladd explained that new car dealerships were limited to the area along U.S. One so that staff would probably include that restriction in the amendment to allow a used car dealership, and recommended that if it were the desire of the Village Council to approve fast food restaurants that they also be limited to certain parts within the zoning district. Motion was seconded by Councilmember Hansen. Attorney Hawkins clarified that the motion had not been site specific and had been regarding a uniform text amendment to the zoning code. Village Manager VILLAGE COUNCIL MEETING MINUTES MAY 9, 1996 PAGE 29 Bradford questioned whether if the change was found to be acceptable by staff that the general change would piggyback the application of the applicant. Councilmember Meder stated he would leave that to staff discretion. Village Manager Bradford stated that the motion was to study the viability of making the change. The vote on the motion was: Ron T. Mackail - for Joseph N. Capretta - for Carl C. Hansen - for Michael R. Meder - for The motion was therefore passed and adopted. Councilmember Meder made a motion to have staff study granting as a Special Exception fast food restaurants in the C-2 District along the U.S. Highway One corridor. Motion was seconded by Councilmember Hansen. The vote on the motion was: Ron T. Mackail - for Joseph N. Capretta - for Carl C. Hansen - for Michael R. Meder - for The motion was therefore passed and adopted. After discussion and at Village Manager Bradford's suggestion, Mr. Burckart agreed to change his application to limit fast food restaurants in the C-2 District along the U.S. Highway One corridor, which would eliminate the need for one advertisement. Mr. Burckart requested first reading in two weeks, to which Building Official Ladd responded that was not possible since that would not allow sufficient time for preparation and review of a draft ordinance or for advertising. Councilmember Capretta commented regarding Councilmember Meder's request that staff look at hours of operation and fast food restaurants that PILLAGE COUNCIL MEETING MINUTES MAY 9, 1996 PAGE 30 it was up to the Village Council and that Councilmembers should talk to people to find out if they wanted it, and that the real issue was that it was a decision to be made by the Village Council. Councilmember Meder inquired whether a meeting could be scheduled in three weeks to accommodate Mr. Burckart's request, since the next Village Council meeting was scheduled for June 13, which would be five weeks, instead of the usual 4 weeks. Second reading could then occur on June 13. Building Official Ladd replied that he would do a legal check to see if that would work. X. NEW BUSINESS A} Review and Acceptance of Transmittal of Small Scale Amendment 96-1 by Local Planning Agency to the Village Council. 1) Review by Village Council of Proposed Small Scale Amendment 96-1. 2) Ordinance - First Reading - An Ordinance of the Village Council of the Village of Tequesta, Florida, adopting a Small Scale Amendment, Designated as 96-1, to the Comprehensive Plan for the Village of Tequesta, Florida, in Accordance with the Local Government Comprehensive Planning and Land Development Regulations Act, as Amended, Being Sections 163.3161 Et. Seq., Florida Statutes, Which Amendment is Attached as Exhibit "A"; Providing for Severability; Providing for Repeal of All Ordinances or Parts of Ordinances in Conflict Herewith; and Providing for an Effective Date. (Staff Recommends Approval) Attorney Hawkins read the Ordinance by title VILLAGE COUNCIL MEETING MINUTES MAY 9, 1996 PAGE 31 only. Building Official Ladd described the process which had led to this point in the process and advised that the Village Council now needed to approve or deny the recommendation of the Local Planning Agency, and to announce the date, place, and time for final hearing and reading of the ordinance, which must be advertised. Consultant Jack Horniman explained that the annexations, which had already taken place, qualified as a Small Scale Amendment since they were individually less than 10 acres and in aggregate less than 60 acres; and the Village must take action to amend their Comprehensive Plan to include this amendment. Councilmember Hansen made a motion to accept the LPA Transmittal of Small Scale Comprehensive Plan Amendment 96-1. Motion was seconded by Councilmember Meder. The vote on the motion was: Ron T. Mackail - for Joseph N. Capretta - for Carl C. Hansen - for Michael R. Meder - for The motion was therefore passed and adopted. Councilmember Meder made a motion to approve the draft Ordinance adopting Small Scale Comprehensive Plan Amendment 96-1 upon First Reading by title only. Motion was seconded by Councilmember Hansen. The vote on the motion was: Ron T. Mackail - for Joseph N. Capretta - for Carl C. Hansen - for Michael R. Meder - for The motion was therefore passed and adopted. VILLAGE COUNCIL MEETING MINUTES MAY 9, 1996 PAGE 32 Mayor Mackail announced the date, time and place of the Public Hearing and Final Reading of Small Scale Amendment 96-1 as June 13, 1996 at 7 P.M. in the Village Hall at 357 Tequesta Drive, Tequesta, Florida. B) Ordinance - First Reading - An Ordinance of the Village of Tequesta, Palm Beach County, Florida, Authorizing the Creation of Safe Neighborhood Improvement Districts; Providing for Severability; Providing for Repeal of Ordinances in Conflict; Providing for Codification; Providing an Effective Date. (Staff Recommends Approval) Village Manager Bradford explained that this planning ordinance had been recommended by both the Country Club Drive Task Force and the Public Works Committee, The Village Manager explained that the ordinance did not actually create a district, but allowed creation of districts under four options: local government Safe Neighborhood Districts, property owners association Safe Neighborhood Districts, Safe Neighborhood Districts created by referendum within the area proposed, and Community Development Safe Neighborhood Districts. Wade Griest stated he would reserve his comments because of the lateness of the hour. William Tracey had left the meeting. Tom Little, 486 Dover Road, questioned what area was being considered to become a Safe Neighborhood District, to which Councilmember Meder responded this ordinance only allowed creation of a district in the future. Mr. Little inquired whether the Village Council considered any area proposed for a district in Tequesta a slum or blighted area and whether there were deed restrictions. Mr. Little was told there were no slum or blighted areas except for a couple of VILLAGE COUNCIL MEETING MINUTES MAY 9, 1996 PAGE 33 commercial areas which could be construed as blighted, and it was unknown whether any areas which might become Safe Neighborhood Districts were deed restricted. Mr. Little questioned whether Country Club Drive was the area which had been considered for a Safe Neighborhood District and was told that it was not exclusively that neighborhood. Mr. Little quoted from an analysis of Florida Statute Chapter 95.289, received from staff attorney Donna Elrich, attorney for the House Committee on Community Affairs, an addendum to the original Safe Neighborhood Act, that the bill restricts the boundaries of a district to slum and blighted areas or areas unprotected by deed restrictions. Mr. Little stated the statute affected by Chapter 95 was 163.524 and 163.526. Councilmember Meder pointed out that this ordinance was under 163.501 through 163.523. Mr. Little disagreed and commented that it should be checked before more money was spent. Mayor Mackail explained that the task force had been made up of a group of citizens who volunteered their time, and that this had been one of their recommendations. Attorney Hawkins stated he had looked at Statute 163.501 through 163.523 dealing with Safe Neighborhood Districts; and believed Mr. Little was reading from a staff analysis regarding the economic impact of the bill on the State. Attorney Hawkins stated that the Statute did not indicate that its application was confined to blighted or slum areas. Mr. Little stated that his information was an extension since it covered Statute 165.524 and 165.526, and gave his copies to Attorney Hawkins. Steve Mathison, Attorney, stated he was working with a number of the residents regarding the Safe Neighborhood District ordinance. Attorney Mathison explained that because of his involvement in the Safe Neighborhood Program that he was familiar with developments in the program as they occurred, and explained that the answer to Mr. Little's concern was that there were new additions to the Act which spoke to the types of neighborhoods discussed, however, they only related to Neighborhood Preservation and Enhancement Programs which were in addition to and did VILLAGE COUNCIL MEETING MINUTES MAY 9, 1996 PAGE 34 not replace or preclude the original Safe Neighborhood District programs. Councilmember Hansen made a motion to approve the above Ordinance on First Reading. Councilmember Meder seconded the motion. The vote on the motion was: Ron T. Mackail - for Joseph N. Capretta - for Carl C. Hansen - for Michael R. Meder - for The motion was therefore passed and adopted. C) Ordinance - First Reading - An Ordinance of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Amending Chapter 2 of the Code of Ordinances at Article IV, Boards and Commissions, by Rescinding Division 2, Code Enforcement Board, in its Entirety; Providing a New Chapter 2, Article IV, Division 2, to Be Entitled Codes Enforcement; Providing for a Special Master System of Code Enforcement; Alternative Code Enforcement Procedures; Providing for Severability; Providing for Repeal of Ordinances in Conflict; Providing for Codification; Providing an Effective Date. (Staff Recommends Approval) Attorney Hawkins read the above ordinance by title only on First Reading. James Legros, 298 Country Club Drive, commented that the Special Master plan was very needed in the Village and explained that he had been a past violator who had brought himself into compliance, which had made his neighborhood look better. Mr. Legros stated that the present system had no teeth behind the ordinance and the Village Council should do something about it. Mayor Mackail stated that he really appreciated Mr. Legros' comments. VILLAGE COUNCIL MEETING MINUTES MAY 9, 1996 PAGE 35 Wade Griest, 494 S. Dover Road, expressed his opinion that the Special Master Plan was much needed and would prove very worthwhile. Tom Little, 486 S. Dover Road, referred to a memo dated 6!27/95 from the Village Attorney which stated the current system did work, and questioned the need for a change. Mr. Little disagreed with a Code Enforcement Board set up to parallel Homeowners Associations and their deed restrictions and covenants. Mr. Little expressed concern with the cost of a Special Master as opposed to the volunteer Code Enforcement Board. Jim Humpage, 360 Fiesta, stated he understood Mr. Little's concern; however, he was a member of the Code Enforcement Board and although there was a lot of compliance, in a couple of the cases that the Board was involved in, the Board really lacked expertise, and he believed going to the Special Master system was a good move by the Village. Village Manager Bradford responded to Councilmember Meder that at Second Reading the Village Council would have the opportunity to appoint the Code Enforcement Board as the Code Advisory Board via a resolution. Mayor Mackail thanked Officer Davis for his work. Councilmember Meder made a motion to approve the above Ordinance on First Reading. Councilmember Hansen seconded the motion. The vote on the motion was: Ron T. Mackail - for Joseph N. Capretta - for Carl C. Hansen - for Michael R. Meder - for The motion was therefore passed and adopted. E) Resolution No. 24-95/96 - In Support of the Florida Department of Transportation to Acquire the Right-of- Way of the Florida East Coast Railway. (Staff VILLAGE COUNCIL MEETING MINUTES MAY 9, 1996 PAGE 36 Recommends Approval) Councilmember Meder made a motion to approve Resolution 24-95/96. Councilmember Hansen seconded the motion. The vote on the motion was: Ron T. Mackail - for Joseph N. Capretta - for Carl C. Hansen - for Michael R. Meder - for The motion was therefore passed and adopted. H) Review of Draft Programs/Proposals of the North County Economic Development Group and Consideration of Tax Incentive/Economic Development Plans. Bill C. Kascavelis, Director of Finance. Finance Director Kascavelis reported that the North County Economic Development Group, made up of municipalities from Riviera Beach north to Tequesta, had requested Village input regarding proposals for economic incentives such as tax abatement and/or creation of an Inter-Governmental Development Board to encourage economic development within this area, as well as an indication of interest or non-interest in participation. Finance Director recommended that the Village Council participate by sending a representative to the next meeting of the North County Economic Development Group on June 6, although he believed this would be more germane to larger states and counties rather than to small communities. Mayor Mackail agreed that a representative should attend the meeting. Finance Director Kascavelis commented that the North County Finance Directors had indicated that the County's program should be piggybacked because small municipalities did not have the funds or manpower to duplicate such a program. Mr. Kascavelis stated he would be glad to attend the meeting along with a Councilmember. Councilmember Meder commented that he had requested VILLAGE COUNCIL MEETING MINUTES MAY 9, 1996 PAGE 37 Chamber of Commerce input and one part of the response he had received from the Chamber's Counselor, Philippe Jeck was that he believed the suggested structure of the second program--the Intergovernmental Development Board--was far too cumbersome and would require too many steps and would depend upon too many variable to be an effective program. Mr. Jeck further stated that: Also, since confidentiality is critical to most companies' relocation decision, this program seems to have too many opportunities for leaks. Councilmember Meder expressed his opinion that the Village Council's input should reflect the second part of the Chamber of Commerce recommendation, that perhaps this Intergovernmental Development Board should not be set up so that its failure because of leaks, etc. would be avoided. Village Manager Bradford stated that this Board would also be a duplication of the Business Development Board, which Councilmember Meder commented that Philippe Jeck would be leading this year. Mayor Mackail commented he had no problem with those comments being sent as a response, and that of the pros and cons, one con was that the expenditure of funds outside the community may be resisted by voters. Councilmember Hansen suggested that the Finance and Administration Committee review this and make a recommendation to the Village Council. It was pointed out that there would not be time for that to happen before the June 6 meeting. After further discussion, the consensus of the Village Council was that Village Manager Bradford would send a letter of response expressing satisfaction and support of the efforts of the Chamber of Commerce and declining the invitation to participate. Xi. ANY OTHER MATTERS Councilmember Meder referred tq an earlier request he had made regarding Recreation Department plans to coordinate festivities the day that the Olympic Torch was carried through Tequesta. Village Manager Bradford responded that the Recreation Department consisted of one person and was primarily in the business of providing recreational grounds VILLAGE COUNCIL MEETING MINUTES MAY 9, 1996 PAGE 38 rather than coordinating events, and asked specifically what Councilmember Meder had in mind. Councilmember Meder expressed his opinion that at the very least this should be made a memorable event and something done to add to the experience of people who came to Tequesta to see the Torch. Councilmember Capretta suggested that the Village coordinate with Jupiter. Councilmember Meder suggested that the Village also coordinate with Martin County. Village Manager Bradford explained that a mangrove trimming law had been adopted and he recommended any trimming be done now before the law took effect because the new law only allowed 65% of mangrove frontage to be trimmed at any given time, rather than 1000 as under the current program. If mangroves were trimmed 1000 now and documented with photographs, then that would assure being grandfathered. It was the consensus of the Village Council to place a notice regarding this matter into the newsletter and on a handout to be given to residents. Councilmember Meder questioned whether the mangroves along Dover Ditch should be trimmed now, to which Village Manager Bradford responded that if their permit was approved that the Village would be allowed to get rid of those mangroves, and this law would not apply to that situation. XII. ADJOURNMENT Councilmember Meder moved that the meeting be adjourned. Councilmember Hansen seconded the motion. The vote on the motion was: Ron T. Mackail - for Joseph N. Capretta - for Carl C. Hansen - for Michael R. Meder - for the motion was therefore passed and adopted and the meeting was adjourned at 11:06 P.M. VILLAGE COUNCIL MEETING MINUTES MAY 9, 1996 PAGE 3 9 ---------------- Respectfully submitted, ~~~ Betty Laur Recording Secretary ATTEST: Joann Manganiel~o ~ Village Clerk ~' DATE APPROVED: ~cu...,~. ~3 ..9 s~ 0 Stanley B. Jacobs, D.V.M. 43 RIVER DRIVE 7EQllESTA, FL 83469 c4u~y ~4~-z~zs Vd-llage Council-- stay ii 1996 Re Encon Problem i.We have tested 22 Well sites for Coliform Bacteria. 5 of 12 xere on Iiiver 'r. 40"' of all tested X11 12 xere negative. 2. Tested 4 for Hitx^ tea xhich xere alas negative. Wa also retested the HarboP Branch xell at 175 River Dr. It too xas negative for Coliform and nitrates, 3, Harbor Rrgnch Testing has been faulty. Onlt 3 test sites in the TCCCommunity, 1 on the Colf Course and one on Leexard Circle tested in txo periods. All at homes xere drilled directly under Leach Fields except the one at the Vacant Lot at 1?5 River Dr.None xere disinfected that shored Coliform Bacteria. ~+. The only one not under a Leach Field shored monimal Bacteria. or Nitrates. S If xe need to test further, I suggest testing 25 more oxner irrigf+tion xells for Coliform and Nitrates. Cost xould be $1000 plus 955/ hr. for VOC Labs personnel, a about X1200 in all, to be apid for by Encon or Tequesta or shared, I xould be xilling to talk to ornate for teat sites. E. From the above results I don't think anything x111 change, but if it xould please the Encon Board to settli a point, this could be done. 7. Where is tha Pollution coming from? After months of studying the problem, it is appRrantit is from Storm Water runoff,Trainage from Canals such as C-18, S-4b, out falls such as the Dover Titch, RR Ditch canals on both siea of the River, and most starting at the Hegdxaters of the River. B. The IZ Water sold to Teq CC, Turtle Creek and River bend is averaging 140,000 Lbs. per year of Nitrates plus 40,000 lbs from home lams and Golf Courses. This t totals about 200,000 lbs. or 200 tons per year. In addition there is similar amounts of Phosphorous and. Potash. Some of this 1s finding it's ray to the River. 9. Tt doesn't make sense to spend X10,000,000 to remove 840 Septic Tanks, xhich is only the Beginning as there are more in Turtle Creek and on the Jupiter aide. I believe in doing something xhen necessary but not on an aasuption, xhich appears to be the case in some peoples minds. 10, There are further rotes consequences to consider. I have had long discussions xith Vince Any About rater removal. We are concerned that if all the rater is removed from Septic Tank drain<-~ge, I;ewatering pumping for Serer Ins tallation, arul removal of other ?iainxater, xhich could filter into the ground. xe could have Salt Water intrusion to as many as 500 private xe11s.I spoke to one homeoxner, rho averages over 35,000 gallons of V111age hater per month. Mine with my oxn xell is 6000 gallons. Zf Salt rater intrusion shuts doxn 500 or more wells in the area, rater consumtion could increase by as much as 60096. Can the Village supply this?? Would Reverse Osmosis do it. This could be the most serious problem we face. Can xe afford to yet it happen??