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HomeMy WebLinkAboutMinutes_Regular_10/12/1995VILLAGE 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 OCTOBER 12, 1995 I. CALL TO ORDER AND. ROLL CALL The Tequesta Village Council held a regular meeting at the Village Hall, 357 Tequesta Drive, Tequesta, Florida, on Thursday, October 12, 1995. 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, Vice Mayor William E. Burckart, Elizabeth A. Schauer, Carl C. Hansen, and Joseph N. Capretta. Also in attendance were: Village Manager Thomas G. Bradford, Village Attorney John C. Randolph, Village Clerk Joann Manganiello, and Department Heads. II. INVOCATION AND PLEDGE OF ALLEGIANCE Mayor Ron T. Mackail gave the Invocation and led those in attendance in the Pledge of Allegiance to the American Flag. III. APPROVAL OF AGENDA Councilmember Schauer requested the addition under Any Other Matters of the Forum meeting on October 30, 1995. Vice Mayor Burckart requested the agenda be reordered to place items VIII (C) and VIII (D} after the Consent Agenda. Village Manager Bradford requested the addition under Any Other Matters of a resolution regarding the School Board, and of obtaining Village Council authority to take actions over the izo,,,~~~,~ n,,,,~. ,,>. VILLAGE COUNCIL MEETING MINUTES OCTOBER 12, 1995 PAGE 2 ---------------- course of the next month regarding Jupiter's Comprehensive Plan Amendment pertaining to Longshore Drive and Northfork Road Extension. Mayor Mackail distributed copies to the Councilmembers of the resolution regarding the School Board which Village Manager Bradford had mentioned, and stated he would like to address this resolution under Any Other Matters. Vice Mayor Burckart moved that the Agenda be approved as amended. Councilmember Schauer seconded the motion. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for The motion was therefore passed and adopted and the Agenda was approved as amended. Mayor Mackail introduced eight Boy Scouts present at the meeting who were working toward Citizenship Merit Badges. Mayor Mackail complimented the Country Club Drive Task Force for a job well done, and thanked Mr. Gary Collins for his work as Chairman of the Task Force. IV. 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: V. APPROVAL OF MINUTES AND REPORTS VILLAGE COUNCIL ~~a* MEETING MINUTES OCTOBER 12, 1995 PAGE 3 VIII. *A) *B) *C) *D) *E) *F) *G) *H) Board of Adjustment; August 21, 1995 Community Appearance Board; August 30, 1995 Country Club Drive Task Force; August 22, 1995 Firefighter Pension Board; March 23, 1995 Firefighter Pension Board; June 28, 1995 Village Council Meeting; September 14, 1995 Village Council Meeting; September 28, 1995 Village Manager's Report; September 25 - October 6, 1995 NEW BUSINESS E) Consideration of Ratifying the Addendum Article 12 (Wages) and Article 13 (Insurance) of the Collective Bargaining Agreement Between the Village of Tequesta and the Florida State Lodge Fraternal Order of Police Effective October 1, 1995, to September 30, 1997. (Staff Recommends Approval) Motion was made by Councilmember Hansen to approve the Consent Agenda as submitted. The motion was seconded by Councilmember Schauer. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for The motion was therefore passed and adopted and the Consent Agenda was approved as submitted. VIII. NEW BUSINESS C) Ordinance - First Reading - Amending Chapter 2 of the Code of Ordinances, Administration, at Article IV, Boards and Commissions, Section 2-94, to Provide for the Appointment of a Special Master to Hear Code ~,~, Enforcement Board Cases; Amending Section 2-97, to VILLAGE COUNCIL ,~,, MEETING MINUTES OCTOBER 12, 1995 PAGE 4 Allow Enforcement Through Alternative Procedures; Providing a New Section 2-103, 3ettinq Forth Alternative Code Enforcement Procedures to Allow for a Citation System of Enforcement, Setting Forth Procedures for Issuance of Citations, Notice Requirements, Form of Citation, Disposition by the County Court, and Providing for a Schedule of Violations and Penalties to be Assessed; Providing for Severability; Providing for Repeal of Ordinances in Conflict; Providing for Codification; Providing an Effective Date. (Staff Recommends Approval) and D) Ordinance - First Reading - Amending Chapter 6, Buildings and Building Regulations, At Article II, Buildings, by Providing that All Existing Sections of this Article be Included under Division 1 to be Entitled "Standard Building Code"; Providing for Severability; Providing for Repeal of Ordinances in Conflict; Providing for an Entirely New Division 2, Which Shall be Entitled "Minimum Property Standards" Which Shall Include Definitions, Maintenance and Appearance Standards for all Structures, Color, Appearance of Exterior of Premises, General Maintenance, Responsibilities of Owners and Operators, and Inspections; Providing for Severability; Providing for Repeal of Ordinances in Conflict; Providing for Codification; Providing an Effective Date. (Staff Recommends Approval) Mayor Mackail explained that this ordinance had evolved over the course of the past two years from the Lantana Plan, and had been the result of extensive input from residents. Mayor Mackail stated that no decision would be made by the Village Council regarding this ordinance at tonight's meeting, and that the Council wished to hear residents' views on the proposal. Councilmember Capretta introduced Code Enforcement Officer Davis, and explained how the existing code enforcement system worked, using as an example the VILLAGE COUNCIL MEETING MINUTES OCTOBER 12, 1995 PAGE 5 ordinance which requires grass to be kept under 12 inches. Councilmember Capretta commented that approximately 95% of the time residents complied with Officer Davis' requests. However, the few that did not wish to comply could appeal to the Code Enforcement Board. Once in awhile fines would build to the point where the case went to Court. Councilmember Capretta explained that this ordinance would expand the plan which had been in place for approximately three years take the process further by making two fundamental changes: (1) Minimum standards for keeping the grounds of a resident's property would be established so that in addition to keeping grass under 12 inches, shrubs would be kept trimmed to a specific height, driveways would be kept paved, etc. Minimum standards for a residence would be established for such items as repair of gutters, peeling paint, roofs, etc. (2) The other proposed area of change was to replace the Code Enforcement Board with a citation process using a Special Master--probably a local attorney--who would hear cases and make a decision, which could be appealed in the Courts. Councilmember Schauer questioned what would happen to the Code Enforcement Board. Village Manager Bradford responded that if the Village Council adopted the ordinance as written that it would abolish the Code Enforcement Board in favor of the Special Master system. Regarding colors in item VIII(D) Councilmember Schauer requested that staff change the minimum standard to allow three colors of paint on a residence rather than two, and that extreme colors be prohibited. Councilmember Schauer questioned what constituted a reasonable hour for inspection under Section 6-38 under item B. Code Enforcement Officer Davis responded 7 A.M. to 10 P.M. Village Attorney Randolph recommended that the issues raised by Councilmember Schauer be discussed by staff after this meeting, since first reading had been delayed in order to hear input from the community so that residents' feelings could be incorporated into the ordinance to make it better, and explained that answers had not yet -- VILLAGE COUNCIL ~~~ MEETING MINUTES OCTOBER 12, 1995 PAGE 6 ---------------- been formulated to specific items such as color and inspection times. Councilmember Hansen explained that this ordinance had resulted from requests by residents who wanted to keep the area nice where they live, and that the Village Council wanted to represent the majority of the residents. Councilmember Hansen stated that in the past few days, many issues had been raised which needed to be considered, and that he would like to hear opinions from residents, hold further discussions with Officer Davis, and visit with other municipalities which already had such an ordinance in place to see how well it worked and how their residents liked it. Councilmember Capretta commented that a general ordinance would work well for the majority of ~., residents, and the specifics that would need to be in place in order to enforce against the extremists would result in an ordinance which the average person would think was unfair and unreasonable and which they would not accept. Councilmember Capretta commented that residents who lived where they had homeowners associations, had restrictions in their property deeds which required compliance with certain things, and many times those restrictions were more restrictive than those proposed under the new ordinance; however, the associations were reluctant to enforce them and would prefer that the Village pass ordinances which would be enforced. Vice Mayor Burckart explained that this ordinance was not an attempt to create a police state, and if this was something the people of the Village did not want that the Village Council would not do it, but was proposed to protect property values. Forrest Dullege, 365 Mars Avenue, inquired whether a fence would be considered a structure under the proposed ordinance; and stated that inspections should be done during daylight hours. VILLAGE COUNCIL :„~ MEETING MINUTES OCTOBER 12, 1995 PAGE 7 ---------------- Glen Kloiber, 64 Willow Road, commented there was no amount of regulation which could be put forth to obtain a perfect society--there would always be a small percent who would challenge the ordinance, and proposed that the present system be left in place and the new ordinance dropped since there were many things in it which people did not like. Mr. Kloiber explained that if people wanted these types of regulations that they would live in planned communities . Jim Humpaqe, 360 Fiesta, expressed concern that a Special Master would need to be paid, while the Code Enforcement Board consisted of volunteers, and suggested that the present system could be streamlined. John Garvey, 414 Tequesta Drive, questioned how often °- inspections could be done and which of the neighboring homes he should conform to if the homes on either side of his were different colors. David Hanes, 18896 Point Drive, stated that attempts to be more specific would result in problems because one person's taste was not the same an another's. Mr. Hanes commented that if the existing code worked 95~- 970 of the time that it should be kept. Hattie Siegel, 498 South Dover Road, commented that the subject was freedom and the right to live as one chose, which many had fought for in wars past. Mrs. Siegel questioned why the Village Council had passed a Resolution which exempted people in Jupiter Heights from restrictions against parking boats or recreational vehicles in their driveways, and made comments to the effect that the number of ordinances that the Village Council had passed was excessive. Wade Griest, 494 South Dover Road, commented that the people at this meeting had not attended the meetings leading up to creation of the proposed ordinance and that there was a definite lack of communication VILLAGE COUNCIL MEETING MINUTES OCTOBER 12, 1995 PAGE 8 ---------------- between the thoughts of the Village Council on this matter and the perception of the citizens of Tequesta. Mr. Griest stated that the residents did not understand the difference between the existing Code Enforcement system and the proposed "Lantana Plan", and that they would not understand until they had all read copies of the proposed ordinance, and that the ordinance was to encourage residents to want their properties to look better to make the Village look better, and to raise property values. Mr. Griest commented that interpretations in leaflets and in the newspaper were incorrect, and a way must be found to deal with the few exceptions who would not comply. Peggy Virhoven, 18996 Point Drive, expressed opposition to the proposed ordinance, and stated that it was unconstitutional, and that veterans had fought in wars for freedom. Ms. Virhoven stated that civil problems of a few could not be solved by passing regulations on all, that residents not living under homeowners associations should have the right to paint their homes the colors they chose, that this ordinance would not improve property values, and that the proposed ordinance should be abandoned. Arnold Hlum, 410 Tequesta Drive, stated he had no problem with the Special Master system. Mr. Blum stated he chose not to live in a planned community so that he could express his individual freedom, that the proposed ordinance was too broad and unnecessary, and should be based on the socio-economic level of the residents, and objected to the provisions regarding inspection and paint colors. Mr. Blum favored abandonment of the proposed ordinance. Gail Vorpagel, 490 Dover Road, commented that the quality of life in Tequesta existed because of decisions made by the Village Council, that 31 other cities had similar ordinances, and the people of the Village did not understand how the system works. Ms. Vorpagel explained she had worked for a governmental agency for fifteen years and that this type of system VILLAGE COUNCIL MEETING MINUTES OCTOBER 12, 1995 PAGE 9 ---------------- did work, and cited an example of a house left to deteriorate where drug dealers had moved in, and that after the city had painted the house and trimmed the shrubbery the drug dealers had left. Ms. Vorpagel stated her point was that one deteriorating property could attract undesirable types of people to the Village. Bill Treaty, 215 Country Ciub Drive, stated he was Chairman of the Code Enforcement Board which he felt worked well, and commented that he believed the proposed ordinance should be reworked so as not to impose regulations on all for the few exceptions who did not comply, especially in regard to paint colors. Mr. Treaty explained that many times the matters brought before the Code Enforcement Board were the result of residents who did not consider their neighbors, cited the case of the lady with birds who had no respect for her neighbors, and commented that residents should be good to one another and there would be no need for code enforcement. Betty Nagy, Shay Place, commented on the two workshop meetings which had been held regarding the proposed ordinance, and stated only presidents of homeowners associations were invited to attend, and not the rest of the taxpayers whose homes would be affected. Ms. Nagy objected to the proposed ordinance and insisted that all residents should be invited to attend any meetings held by Village Council when they would be affected. Mayor Mackail responded that every meeting of the Village Council was posted in the newspaper and all were invited to attend. Sharon Hayward, Shay Place, commented that she understood the intent of the proposed ordinance but did not believe everyone should be regulated for the actions of a small percentage. Ms. Hayward commented that painting houses would not stop drug dealers, that she did not choose to live under a homeowners association, that she wanted the freedom to express her taste in the color of her house, that instead of x VILLAGE COUNCIL MEETING MINUTES OCTOBER 12, 1995 PAGE 10 ---------------- forcing people to comply that some sort of community activity should be instituted to encourage beautification, and urged the Village Council to carefully consider the problems that would be caused by passage of the proposed ordinance. Gordon Ritter, 370 Elm Avenue, commented 40~ of his driveway was owned by the Village and questioned whether the Village would pay for paving their 40~, and requested that the sort of information which had been on the leaflets that were passed out be printed in the Village newsletter. Joann Ritter, 370 Elm Avenue, objected to the section of the proposed ordinance regarding inspection and questioned why a police officer would come inside a home to inspect, which she stated was against the Constitution of the United States. Ms. Ritter reported instances of violations within the Village which had existed for some time. Gary Collins suggested burying the Lantana Plan in favor of a beautification plan to encourage people to clean up their property. Mr. Collins commented that the proper balance must be achieved to protect residents from problems, and that ordinances were written for the few rather than the many who would never be affected. Mr. Collins asked residents to drive by some of the properties in the Village which had been allowed to deteriorate to see if they would want that property next to theirs. Mr. Collins commented that the leaflet which had been distributed had been well done if the intent had been to incite people toward one side of the issue.. Ms. Babinon commented that her perspective was gained from living in the Village years ago and only recently returning, and not seeing many improvements since she had left. She stated that the focus should be on the Village keeping up their own sidewalks, drainage, etc. Mayor Mackail read into the record comments from the VILLAGE COUNCIL ~~ MEETING MINUTES OCTOBER 12, 1995 PAGE 11 ---------------- following residents who had been unable to attend the meeting: Barbara Gomez, Chapel Lane supported both of the proposed ordinances. Ms. Gomez expressed her opinion that the Special Master system would be more expedient and cost effective, and would put some teeth into the overall enforcement of the Village Codes. Ms. Gomez commented that establishing minimum property values would establish a solid base from which the Village officials and citizens could work to maintain the value of the community. Ms. Gomez's letter has been attached to and made a part of these minutes as "Exhibit A". Paul Brienza commented that since the Tequesta Pines Homeowners Association did not meet until October 17, 1995, that as President he could not give the Board's decision regarding the proposed ordinances to the Council, however, an informal poll of a majority of the Board members appeared to indicate that a vote in favor would occur if certain modifications were made to eliminate both the "Big Brother" perception and the responsibility of the Code Enforcement Officer to judge what was or was not in compliance in a particular situation. Establishment of a task force was recommended to review this matter in depth, with members chosen from all areas of the Village, and representation from the Village Council and staff. Mr. Brienza's letter has been attached to and made a part of these minutes as "Exhibit B". Code Enforcement Officer Davis explained that as of October 1995 approximately 1160 complaints had been received and that all had complied except two people, and none of the cases had gone to Court. Councilmember Capretta commented that the problem of deteriorating properties was not trivial, as evidenced by the large number of complaints, and that the Village Council understood the fears of the residents, but were trying to find a way to prevent eyesores next door to any resident who complained. ,,. VILLAGE COUNCIL ,,. MEETING MINUTES OCTOBER 12, 1995 PAGE 12 ---------------- Mayor Mackail explained that the intent was never to make residents think that the Village Council was not trying to work in their best interests, and that information distributed had been distorted. Mayor Mackail explained that in trying to keep the tax base stable, the Village had not had sufficient funds to fix drainage and other problems, and an attempt was being made to keep property values from decreasing. Mayor Mackail stated that the Village Council must find a balance to keep the value of properties and of the community from deteriorating, and to keep Tequesta's atmosphere that of a small village. Mayor Mackail suggested that residents read the proposed ordinances, placing themselves in the position of someone who had a problem, and explained that all of the comments which had been made would be considered in reworking the ordinances, which would be presented for further consideration after revisions had been made. Bill Schult commented that the downtown area of the Village was an eyesore. Mayor Mackail responded that Mr. DiVosta had purchased the old K-Mart and had plans to built a mini Mizner Park with exclusive restaurants, and that the Village was very anxious for that to happen. Mayor Mackail also stated that the Village was considering an option on seven acres of land to give cultural facilities a place to build so that they would stay in Tequesta. Mayor Mackail stated appreciated and that the best interests Burckart stated that and that the Village to attend all of the input on everything. that the residents' the Village Council of all residents. the input given was Council would like meetings to provid~ comments were would work in Vice Mayor very helpful, the residents that kind of VI. SPECIAL PRESENTATION A) Northern Area Mutual Aid Consortium (NAMAC) ,. VILLAGE COUNCIL °`~~u~ MEETING MINUTES OCTOBER 12, 1995 PAGE 13 ---------------- Presentation Pertaining to Fire-Rescue Fire Chief Jim Weinand, President of the NAMAC Association, explained that NAMAC had been established in 1989 when Palm Beach County implemented a user fee for services, charging $3,000 per hour per engine company, $2, 000 per hour for rescue, and $7, 500 per hour for special operations; and consisted of many areas such as dive rescue, confined space, high hazardous angle rescue, etc. The Mayors of the coordinating council had elected to explore two things for NAMAC: (1) to provide a regional dispatch center for all communities in Northern Palm Beach County from Riviera Beach north, in order to dispatch the closest unit to a call; and (2} to develop a regional special operations team toward which each community was contributing $8,000 annually for two years to provide a total of $96,000. Chief Weinand explained the regional team would be comprised of Palm Beach Shores, Lake Park, North Palm Beach, Palm Beach Gardens, and Mangonia Park, and showed slides of the special equipment currently available from Tequesta and Palm Beach Gardens, water rescue training, confined space training, and other types of training. VII. DEVELOPMENT MATTERS A) Landscape Ordinance No. 377 Plan Review; Landscape Waiver Request; Tequesta Corporate Center, 250 Tequesta Drive; Steve Parker, Parker-Yanette Design Group, Inc., Agent. Mayor Mackail advised the Village Council that the Community Appearance Board had voted 3-1 to approve this waiver request. Councilmember Schauer made a motion to approve Landscape Ordinance 377 Plan Review for Tequesta Corporate Center as presented. The motion was seconded by Vice Mayor Hurckart. The vote on the motion was: µ.. VILLAGE COUNCIL MEETING MINUTES OCTOBER 12, 1995 PAGE 14 ---------------- Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for The motion was therefore passed and adopted. B) Landscape Ordinance No. 377 Plan Review; Landscape Waiver Request; Cypress Plaza, 35? Cypress Drive; Steve Parker, Parker-Yanette Design Group, Inc., Agent. Mayor Mackail advised the Village Council that the Community Appearance Board had voted 4-0 to approve this waiver request. Village Manager Bradford inquired whether any of this landscaping was in the vicinity of the Villager Apartments, which was experiencing drainage problems. Mr. Parker responded that no concrete or asphalt was being added. Councilmember Hansen made a motion to approve Landscape Ordinance 377 Plan Review for Cypress Plaza, 357 Cypress Drive as presented. The motion was seconded by Councilmember Schauer. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for The motion was therefore passed and adopted. C) Landscape Ordinance No. 377 Plan Review; Landscape Waiver Request; N-Tire Partners, 221 Old Dixie Highway and 160 Bridge Road; Steve Parker, Parker-Yanette Design Group, Inc., Agent. Mayor Mackail advised the Village Council that the Community Appearance Board had voted unanimously to R,~..., VILLAGE COUNCIL .,~,,. MEETING MINUTES OCTOBER 12, 1995 PAGE 15 ---------------- approve this waiver request. Vice Mayor Burckart questioned whether there would be a way to remove the concrete area along Old Dixie Highway at the back of the first garage door to put in a tree and a small hedge against the sidewalk. Mr. Parker stated that would be possible, but would take a lot of work. Councilmembers Capretta and Schauer stated they would grant approval without the tree, but would like to see it added if it was possible at a reasonable cost, and if not, that it should not be done. Mayor Mackail stated that he agreed, and requested that Mr. Parker discuss this matter with the owner and inform the Village Council of the decision. Councilmember Hansen made a motion to approve Landscape Ordinance 377 Plan Review for N-Tire Partners, 221 Old Dixie Highway and 150 Bridge Road, with a judgement call to be made regarding addition of a tree as discussed, and informing the Village Council of the decision. The motion was seconded by Councilmember Schauer. Village Attorney Randolph clarified that both this motion and the last motion were subject to the recommendations made by the Community Appearance Board. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for The motion was therefore passed and adopted. Councilmember Capretta requested a report on the status of Ordinance 377. Joanne McCabe responded that out of 53 commercial properties, only 15 property owners had not responded to the Village mailings, and reported that all of the 25 multifamily property owners had responded. Councilmember Capretta explained Ordinance 377 for members of the audience. VIII. NEW BUSINESS VILLAGE COUNCIL ~,,. MEETING MINUTES OCTOBER 12, 1995 PAGE 16 ---------------- A) Resolution No. 1-95/96 - Approving a Lease Agreement with the Dictaphone Corporation of Altamonte Springs, Florida, in the Amount of $7,025.06 per Year for a E- 911 Recording System Having an FY 1996 General Fund Budget Allocation of $6,750 for Capital and $8,A00 for Maintenance; Authorizing the Village Manager to Execute the Same on Behalf of the Village. (Staff Recommends Approval) Mayor Mackail read Resolution No. 1-96/96 by title only. Vice Mayor Burckart made a motion to approve Resolution No. 1-95/96. The motion was seconded by Councilmember Schauer. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for The motion was therefore passed and adopted. B) Resolution No. 2-95/96 - Approving an Agreement with JLH Associates to Prepare the Evaluation and Appraisal Report. (Staff Recommends Approval) Village Manager Bradford ,explained that this report was required relative to the Comprehensive Plan, and that the cost had been approved under a State of Florida grant program. In response to a question regarding the status of the U.S. One Median Project for which a grant had also been approved, Village Manager Bradford explained that the project was now in the hands of DOT and a December approval date was anticipated. Councilmetnber Schauer made a motion to approve Resolution 2- 95/96. The motion was seconded by Vice Mayor Burckart. Village Attorney Randolph read Resolution No. 2-95/96 by :„~. VILLAGE COUNCIL MEETING MINUTES OCTOBER 12, 1995 PAGE 17 ---------------- title only. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for The motion was therefore passed and adopted. C) Ordinance - First Reading - Amending Chapter 2 of the Code of Ordinances, Administration, at Article IV, Boards and Commissions, Section 2-94, to Provide for the Appointment of a Special Master to Hear Code Enforcement Board Cases; Amending Section 2-97, to Allow Enforcement Through Alternative Procedures; Providing a New Section 2-103, Setting Forth Alternative Code Enforcement Procedures to Allow for a Citation System of Enforcement, Setting Forth Procedures for Issuance of Citations, Notice Requirements, Form of Citation, Disposition by the County Court, and Providing for a Schedule of Violations and Penalties to be Assessed; Providing for Severability; Providing for Repeal of Ordinances in Conflict; Providing for Codification; Providing an Effective Date. (Staff Recommends Approval) and D) Ordinance - First Reading - Amending Chapter 6, Buildings and Building Regulations, At Article II, Buildings, by Providing that All Existing Sections of this Article be Included under Division 1 to be Entitled "Standard Building Code"; Providing for Severability; Providing for Repeal of Ordinances in Conflict; Providing for an Entirely New Division 2, Which Shall be Entitled "Minimum Property Standards" Which Shall Include Definitions, Maintenance and Appearance Standards for all Structures, Color, Appearance of Exterior of Fremises, General .Maintenance, Responsibilities of Owners and Operators, - and Inspections; Providing for Severability; Providing VILLAGE COUNCIL ~,,,, MEETING MINUTES OCTOBER 12, 1995 PAGE 18 ---------------- for Repeal of Ordinances in Conflict; Providing far Codification; Providing an Effective Date. (Staff Recommends Approval) In response to Mayor Mackail's question whether a motion was needed to table these two ordinances, Village Attorney Randolph advised that no action would be necessary since these were not the same ordinances which would be brought back for consideration. IX. UNFINISHED BUSINESS A) Ordinance - Second Reading - Amending Zoning Ordinance No. 355, as Amended, by Amending Section X, Supplemental Regulations, Applying to a Specific, to Several or to All Districts, Sub-section (M) Site Plan; Pre-Requisite to Building Permit Issuance, by Amending Sub-Paragraph (4), Application Process, by Requiring Village Council approval Prior to Community Appearance Bosrd Review and by Adding a Provision for Expedited Site Plan Review Process; Providing for Severability; Providing for Codification; Providing an Effective Date. (Staff Recommends Approval) Village Attorney Randolph read the above Ordinance by title only on Second Reading. Village Manager Bradford commented that Mason Simpson had commented that he believed the Village required too many submittals on item C--12 copies of current survey, proposed site plan, landscape plan, site lighting plan, and building elevations; and he also believed Tequesta's fees were twice as much as they should have been for Cliveden. Councilmember Capretta explained to the audience that the Village was trying to encourage downtown development by offering incentives to developers, and had met with developers to see if the ideas that the Village had in mind to speed the process would help them to begin to develop the downtown area within the VILLAGE COUNCIL w~ MEETING MINUTES OCTOBER 12, 1995 PAGE 19 ---------------- next year. Councilmember Capretta commented that the Village Council had been working very hard on this, and that the proposed projects--the mini Mizner Park by DiVosta, the ACLF, the apartments by Mr. Van Brock, and the effort to get Mr. Felhaber to fix up the old Public shopping center--would provide tremendous revenue to fix the Village facilities, drainage problems, etc. Joanne McCabe explained that the Village had been requesting ten full sets of submittals, and that ten reductions could be provided for extra copies, which the Village Council did not consider excessive. Councilmember Hansen made a motion to approve the above Ordinance on Second Reading by title only. The motion was seconded by Councilmember Schauer. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for The motion was therefore passed and adopted. B) Ordinance - Second Reading - Amending Ordinance No. 355 of the Village, the Comprehensive Zoning Ordinance, as Amended, at Section XIII, Board of Adjustment, Amending said Section so as to Provide that the Board of Adjustment Shall Consider and Hear Appeals and Variances Relating to Single-Family Structures in the Single-Family Zoning Districts of the Village; Creating a new Section XIV, Appeals and Variances by the Village Council; Providing that the Village Council shall hear appeals and Variances Relating to all Other Zoning Districts and Properties not Under the Jurisdiction of the Board of Adjustment; Establishing Procedures; Providing for Powers and Duties; Providing for Severability; Providing for VILLAGE COUNCIL v MEETING MINUTES OCTOBER 12, 1995 PAGE 20 ---------------- Repeal of Ordinances in Conflict; Providing for Codification; Providing an Effective Date. (Staff Recommnends Approval ) Village Attorney Randolph read the above Ordinance by title only on Second Reading. Councilmember Schauer made a motion to approve the above Ordinance on Second Reading by title only. The motion was seconded by Councilmember Hansen. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for The motion was therefore passed and adopted. C) Ordinance - Second Reading - Amending Zoning Ordinance No. 355, As Amended, by Amending Section X, Supplemental Regulations Applying to a Specific, to Several or to all Districts, by Adding a New Sub- section (S), Home Occupations; Providing for Severability; Providing for Repeal of Ordinances in Conflict; Providing for Codification; Providing an Effective Date. (Staff Recommends Approval) Village Attorney Randolph read the above Ordinance by title only on Second Reading. Councilmember Hansen verified that the list had been reduced since first reading. Vice Mayor Burckart commented that there should be a way for someone not part of the immediate family living in the home to work in the business. Councilmember Schauer commented that Building Official Ladd was to take that into consideration and to present an adjustment to the Village Council if residents complained about it. VILLAGE COUNCIL ,,, MEETING MINUTES OCTOBER 12, 1995 PAGE 21 ---------------- Councilmember Schauer made a motion to approve the above Ordinance on Second Reading by title only. The motion was seconded by Councilmember Hansen. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for The motion was therefore passed and adopted. D) Ordinance - Second Reading - Amending Chapter 16 of the Code of Ordinances of the Village of Tequesta by Amending Section 16-2, Administrative Costs, Sub- section (a), Base Application Fees, Paragraph (7); by Adding New Sub-Paragraph 7, f; Expedited Site Plan Review; Providing for Severability; Providing for Codification; Providing an Effective Date. (Staff Recommends Approval) Village Attorney Randolph read the above Ordinance by title only on Second Reading. Village Manager Bradford explained that this would amend the fee schedule to allow developers to pay a $1,000 fee to have their site plan review approval process reduced from 60 to 30 days. Councilmember Hansen questioned how developers would be notified of this action. Village Manager Bradford responded that it would be placed into the Village newsletter. A suggestion was made that the Village should contact Palm Beach County, who could notify all licensed contractors in the County. Vice Mayor Burckart commented that the Village wanted to encourage expedited review, however, a $1,000 fee might discourage participation. Village Manager Bradford explained that this idea had come from the Chamber of Commerce, and the fee would cover the extra costs involved in order to have it done faster. ,~3tµ~ VILLAGE COUNCIL MEETING MINUTES OCTOBER 12, 1995 PAGE 22 ---------------- Councilmember Capretta commented that the Building Department was self-funded, and that once in place if the expedited process was used a lot that the Village Council could consider bringing additional staff on board so that it could become standard practice. Councilmember Hansen commented that the 60-day process was accelerated, and that this was an additional option. Councilmember Schauer made a motion to approve the above Ordinance on Second Reading by title only. The motion was seconded by Councilmember Hansen. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for The motion was therefore passed and adopted. E) Ordinance - Second Reading - Amending Chapter 7 of the Code of Ordinances at Section 7 of the Code of Ordinances of the Village of Tequesta at Sectian 7 -4, Relating to Meetings; Records; Approval of Plans; Appeals from Board and Decisions of the Community Appearance Board; Providing for Severability; Providing for Repeal of Ordinances in Conflict; Providing for Codification; Providing an Effective Date. (Staff Recommends Approval) Village Attorney Randolph read the above Ordinance by title only on Second Reading. Vice Mayor Burckart made a motion to approve the above Ordinance on Second Reading by title only.. The motion was seconded by Councilmember Hansen. The vote on the motion was: Ron T. Mackail - for ~,.N. VILLAGE COUNCIL <__~ MEETING MINUTES OCTOBER 12, 1995 PAGE 23 William E. Burckart - Elizabeth A. Schauer - Carl C. Hansen - Joseph N. Capretta - for for for for The motion was therefore passed and adopted. F) Resolution No. 3-95/96 - Authorizing Temporary Waivers for Impact Fees for Residential Development within the Village of Tequesta. Village Attorney Randolph read Resolution No. 3-95/96 by title only. Village Manager Bradford explained that this related only to residential development and would encourage residential development within the mixed-use district, since it was believed that the demand for that type of use would be high and that there would be a spillover effect of the new residents becoming customers for the remaining businesses. Therefore, the logic had been to stimulate residential development in hopes that it would have spillover effect for the remaining commercial areas, effective for 24 months. Joanne McCabe commented that there were approximately 40 residential lots left in the Village; and explained that this waiver would include condominiums. Councilmember Schauer made a motion to approve Resolution No. 3-95/96. The motion was seconded by Councilmember Hansen. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for The motion was therefore passed and adopted. ~e, VILLAGE COUNCIL MEETING MINUTES OCTOBER 12, 1995 PAGE 24 ---------------- G) Ordinance - Second Reading - Amending Chapter 4 of the Code of Ordinances - "Animals and Fowl" at Section 4- 19, Impounding, Paragraph te), so as to Amend the Impound Fee. (Staff Recommends Approval) Village Attorney Randolph read the above Ordinance by title only on Second Reading. Vice Mayor Burckart made a motion to approve the above Ordinance on Second Reading by title only. The motion was seconded by Councilmember Schauer. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for The motion was therefore passed and adopted. X. ANY OTHER MATTERS Councilmember Schauer called for a count of those Councilmembers who planned to attend the Forum meeting on October 30, 1995 so that she could R.S.V.P. Councilmember Capretta commented that approximately $1,200 existed in a fund which had been collected for the library which needed to be located, and suggested that a notice be placed in the next newsletter requesting volunteers for a library board. Village Clerk Manganiello reported that she had contacted Mr. Andy White, Manager of both the Jupiter and Tequesta libraries, and that they were discussing how to provide for funds to go directly to the Tequesta library, which would probably be done through Friends of the Library, an existing organization. Village Manager Bradford commented he had spoken to Hal Hutchinson who verified that he had the $1,200 which had been collected. Mayor Mackail responded that he believed the funds would have to be '-,,~, funneled through Friends of the Library in order to go to VILLAGE COUNCIL MEETING MINUTES OCTOBER 12, 1995 PAGE 25 ---------------- the Tequesta library. Village Manager Bradford commented that he would like to see a wish list of items needed for the library which were not included in the library budget, to encourage further donations. Village Clerk Manganiello commented that as soon as the details had been finalized and a wish list provided that an article would be placed in the Village newsletter to let residents know how their funds were used. Village Manager Bradford explained that the final punch list items for the new library were in the process of being addressed. Village Manager Bradford explained that the Town of Jupiter had voted to make a Comprehensive Plan amendment which would have an impact relative to the Longshore Drive/Northfork Drive extension from The Shores; and had evidently chosen to omit Tequesta from the loop agreed to in the Countywide Coordinating Council. Therefore, Village Consultant Jack Horniman had contacted Jupiter and a copy of the amendment was then delivered to Village Manager Bradford. Since Tequesta must respond within 30 days to DCA in Tallahassee and the expiration of the 30 days would occur before the next Village Council meeting, Village Manager Bradford requested authorization from the Council to allow staff to review the Jupiter Comprehensive Plan Amendment; and if it were found to contain items objectionable to the Village, to authorize Mayor Mackail to sign a letter of objection to the Department of Community Affairs. Village Manager Bradford explained that this was important to Tequesta since it could eliminate one of the possible ways in and out of the proposed Section 28 development, which could increase traffic through Tequesta. Vice Mayor Burckart made a motion to authorize staff to review the Jupiter Comprehensive Plan Amendment and to provide authority to object in a timely manner. Motion was seconded by Councilmember Schauer. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - for Carl C. Hansen - for VILLAGE COUNCIL ~~,,., MEETING MINUTES OCTOBER 12, 1995 PAGE 2 6 ---------------- Joseph N. Capretta - for The motion was therefore passed and adopted. Mayor Mackail stated that he had been appointed to the Issues Management Committee of the Municipal League, whose top priority was education; and explained that the Committee hoped to obtain approval by 37 Palm Beach County municipalities for a proposed Resolution which would bring about a change to the educational system within the County and which would defer the selection of a Superintendent for a one-year period to allow time for the Board of County Commissioners, the Palm Beach County School Board, the private sector, and the Palm Beach County Municipal League to work together to develop criteria for the selection of a Superintendent and to develop recommendations for the reform of the educational system in Palm Beach County. Mayor Mackail reported that the Municipal League's Board of Directors had approved the Resolution, which would now go to the general membership of the League, and then to the Florida League of Cities. Mayor Mackail commented that legislators working in conjunction with these organizations were Representative Klein, Sharon Marchant, and Tom Warner. Mayor Mackail read aloud the proposed Resolution, which has been attached hereto and made a part of these minutes as "Exhibit C". Mayor Mackail explained that this Resolution would be unified throughout the County, and that Tequesta was the first municipality to receive the Resolution for consideration. Mayor Mackail explained that Mr. Brogan had been requested to address the Palm Beach County Municipal League in November. Mayor Mackail stated that the Municipal League's position was that they could not support the School Board's proposed l~ sales tax until there was accountability, reform, and change. Village Clerk Manganiello stated that this Resolution would be number 4-95/96. Vice Mayor Surckart made a motion to approve Resolution 4- 95/96. Motion was seconded by Councilmember Schauer. The VILLAGE COUNCIL MEETING MINUTES OCTOBER 12, 1995 PAGE 27 vote on the motion was: Ron T. Mackail William E. Burckart Elizabeth A. Schauer Carl C. Hansen Joseph N. Capretta - for - for - for - for - for The motion was therefore passed and adopted. Vice Mayor Burckart requested another Resolution to tell the Palm Beach County School Board that the Village would not stand for the loss of accreditation for Jupiter High School or for Jupiter Middle School, and that it would be the intent of the Village to litigate or do whatever was necessary to force the School Board to bring teachers to those schools so that accreditation would not be lost. Councilmember Schauer commented that she had drafted a letter on that subject, which had been sent. Councilmember Schauer explained that she was Chair of the SAC Committee of Jupiter High School, and that at the previous night's meeting, the area Superintendent, Dr. Kaiser, had informed the committee that the School Board would be unable to do anything this year because of the school's warned status, and requested that the SAC Committee eliminate elective courses, and go to a six-period day. Councilmember Schauer explained that if funds were not received to hire teachers that Jupiter High School would go on probation. Councilmember Schauer explained that Palm Beach Gardens High School was no longer under warned status since they had combined classes and utilized teachers from their five magnet programs to teach additional classes in order to lower the student-teacher ratio to meet the criteria to eliminate the warned status. Councilmember Schauer stated that Jupiter High School did not have that flexibility. Mayor Mackail reported that he had addressed the Women's Council of Realtors regarding quality of life, real estate, growth, and development, and all of their questions had been concerning education. VILLAGE COUNCIL `~, MEETING MINUTES OCTOBER 12, 1995 PAGE 28 ---------------- Mr. Thomas J. Little, 486 Dover Road, reported he had requested a waiver for the parking of his travel trailer, and had requested a definition of "hardship", which had not been provided; and therefore had requested a second waiver from the Building Department on September 28 for the parking of his travel trailer without a definition of "hardship". Mr. Little questioned why his request had not come before the Village Council. Mr. Little read aloud a letter from the Code Enforcement Officer, who had advised that Mr. Little's request for waiver had been denied by the Village Council and that he must comply within ten days or appear before the Code Enforcement Board. Mr. Little requested help from the Village Council since he needed to park the travel trailer near the door of his home so that his invalid wife could have access. Village Attorney Randolph reported that Mr. Little had requested a waiver based on a hardship, which had been denied. Village Attorney Randolph explained that hardship was not meant to be a medical hardship, but something unique to the parcel of property, and the denial had been made partially on that basis. Mr. Little stated that the original variance had been acted upon by the Village Council, but the second one had not come before the Council. Village Attorney Randolph explained there was only one variance that could be obtained, and the Code Enforcement Officer had no choice other than to cite Mr. Little for a violation. Mr. Little referred to the minutes of February 23, 1995, which stated that staff was conducting research into the matter. Village Attorney Randolph explained that he believed nothing was pending at this time. Village Attorney Randolph stated the basic criteria for a hardship was something unique to a particular parcel of property which was different from other parcels of property in the Village under the jurisdiction of the ordinance which should allow special treatment in similar circumstances. Councilmember Capretta recalled the case, in which it had been found that the travel trailer could be parked in an area allowed by the Code if two big trees were removed, however, that would not have helped since Mrs. Little was unable to go around the house to get to the trailer and needed access near the door. Councilmember Capretta commented that the variance had been denied by the majority vote of the Council, and that Mr. Little had returned at a VILLAGE COUNCIL MEETING MINUTES OCTOBER 12, 1995 PAGE 29 ---------------- later date to request the definition of "hardship" in hopes of finding a way the variance could be granted for a medical hardship, and had requested a second waiver on that basis. Councilmember Capretta suggested that the Village Council should consider finding a way to grant the request, and questioned whether there was a time period which would have to elapse after denial by the Council before another request could be considered. Village Attorney Randolph agreed that the time requirement could be researched. A member of the audience pointed out that a medical hardship definition should be included in the Code. Village Attorney Randolph stated there was no such definition at the present time, and that the Village Council could consider the matter, however, it would be unusual since it would allow persons to do something contrary to the Code on the basis of medical hardship. A member of the audience spoke in defense of Mr. Little's position. Further discussion ensued, during which Mr. Little requested the Council's help. Councilmember Hansen recalled that Village staff had measured the lot and offered an alternative which Mr. Little had stated would not allow his wife access to the trailer, and at that time Mr. Little had said there were five beautiful trees that he did not want to cut down. Councilmember Hansen further recalled that staff had proposed that if the five trees were cut and a fence erected that would provide an acceptable solution; however, Mr. Little did not want to cut the trees. Mr. Little explained that the motor home in that location would still not be accessible by his wife. A poll of the Village Council resulted in a 3-2 decision to look at the existing ordinance to see what could be done. XI. COMMUNICATIONS FROM CITIZENS All communication from citizens had been taken earlier in the meeting. XII. ADJOURNMENT ~.~ ~^ VILLAGE COUNCIL MEETING MINUTES OCTOBER 12, 1995 PAGE 30 ---------------- Councilmember Hansen moved that the meeting be adjourned. Councilmember Schauer seconded the motion. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for the motion was therefore passed and adopted and the meeting was adjourned at 9:53 P.M. Respectfully submitted, G~~~C~J Betty our Recording Secretary ATTEST: Ck~ . ~.~ - o D~/ JESann Mangani ' to Village Clerk DATE APPROVED: L ~b~ja-~9,~" "EXHIBIT A" Mr. Ron Mackail, Mayor Village of Tequesta "'`` Tequesta, Florida Dear Mayor Mackail, I am well aware of the controversy surrounding the proposed ordinances amending Chapter II Article IV and Chapter VI Article II which are currently under consideration by the Village Council and which would provide for the creation of a Special Master and establishment of minimum property standards within the Village. I have attended workshops, met with other citizens both formally and informally and have spoken to many Village officials regarding the pros and cons of both. I emerge a strong advocate of both ordinances. The current Code Enforcement Board and Compliance Officer have worked long and hard to deal with the many violations. which have been brought to their attention. In some cases it has taken years to resolve an issue. The current codes are both vague and obsolete. The process for dealing with violations is equally as vague and far too lengthy. The creation of a Special Master and a more defined citation system would result in a more expedient and therefore more cost efficient resolution of these matters and put some teeth into the overall enforcement of Village Codes. The establishment of minimum property standards would provide a solid base from which the citizens and Village officials could work to maintain the value of our community. Tequesta must remain the beautiful and tranquil sanctuary that once enticed all of us to establish our residence here and raise our families here. Unfortunately, these qualities are under threat. One need not travel far within our boundaries to find homes in disrepair, unkempt properties, and debris deliberately placed in visible areas by people who just don't care. We must take immediate measures to insure that Tequesta does not evolve in the same manner in which many of the small communities to our south have. Further, the development of new and often upscale neighborhoods within the North County area have presented us with the challenge of preserving our property values, remaining competitive in the real estate game, and remaining an attraction to prospective home buyers. Unfortunately, some individuals look at things through very selfish and narrow perspectives. We cannot always count on our neighbor to do their part to protect and preserve the community as a whole. This is when government is needed and must step in to provide at least a minimum standard. Therefore, I urge the members of the Council to consider and adopt both ordinances as they have been proposed. S' cerely~ arbara Gomez`yFt~ident Tequesta Florida 10/12/1995 14:20 407-881-1490 OCT-1~-' 95 TFiIJ 11:16 1 D: RON MACKAIL TEL N0: "EXHIBIT B" .> TEQUESTA PINES P'AOPERIY OWNERS ASSOC. ° P. O. BOX 3906 'IBQUE$TA, FLORIDA 33469 OOtObe[ 10, 1993 1~ue r ~ ~ Mayor of V~a,Sv of Tsgt~esea 3S7 Tsgawn Drlw TsgWeta, PLoelAa 33469 Re: Ameod~t to Vs9ap Z~~6 °a ~er 6, Ard~ob ll Dlv.1 "Lpumt-t Plan" Da11t 8tr: PAGE 01 tt017 P01 •---^--^ /v~'-~%SJ In woe to tho propo~tl being eat forth by the Villase of Tequesta to adopt +~° attuodt~aent to the above "Ia Plan", be advired tb~ the Hoard ofof Di~raton of the modoted a8er the so-caned ~ ,~ p~ba 1 ~. Tequemta Pee Property Owaa'e Afeocaadon does not tbrmany 1995, mod as teach, l canact $~ You a ~tmsl do~~ ofthe Board on thin matter. i~ovrvvsr, as ~mformal poIl of the ayjority of d-e Board Maebere vuotald appear to iadiemte that a vote m favor of fhe amendment would occur if ~ oettam rcouicti~ona of dto Pro'Po~ were modi8sd of eliaalaatsd. Wa bejievo that the mteot of proposal ie to lcoep pr~orty valve from deo titta~hrMat the Verge by g mto compbeace a very small p8e ofProperdea aMoh may bs m a .fate of esthetic decay. We feel, however, that the mmendtmnt mint be wvrdcd very carefully to avoid the P~'p~O the e``~' home in the Vil4ga will be under the wmtchful eye of ~g Btothe~', A,dditiemally, the bwrdon pLced oft the Code gn>;iorcement Officer to what ht in camplian~ce and what i` not is a pardcuLr s+tuation, may lead to costly aaneoewary The Vinage ahouid eatablieh a task Force eommidtee on this mater to rarww this motet h- depth. Meaabera sbould be chosen from all arwe of the Wi agc with repraaootatian from the VlnaSo Ca~anell and stafx if tits Taluesta Pine Property Owners Aseocladon oan aaeiat yon iQ thin muter, please Biel $'ee to San upon me. ~'"' V ~b-i~'~• P. 811~O1m Pe~ealdaot RESOLUTION NO. - 9596 "EXHIBIT C" A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, PROPOSING THAT THE BOARD OF COUNTY COMMISSIONERS, THE PALM BEACH COUNTY SCHOOL BOARD, THE PRIVATE SECTOR AND THE PALM BEACH COUNTY MUNICIPAL LEAGUE, INC. WORK TOGETHER TO DEVELOP CRITERIA FOR THE SELECTION OF A SUPERINTENDENT AND TO DEVELOP RECOMMENDATIONS FOR THE REFORM OF THE EDUCATIONAL SYSTEM IN PALM BEACH COUNTY; ADDITIONALLY, REQUESTING THE PALM BEACH COUNTY SCHOOL BOARD TO DEFER THE HIRING OF A SUPERINTENDENT FOR A PERIOD OF UP TO ONE (1) YEAR WHILE SUCH COOPERATION EFFORTS ARE PURSUED; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the quality of education in Palm Beach County is directly related to the quality of life enjoyed by the citizens of Palm Beach County, opportunity for our children, the general health and welfare of our community, the issues of crime and the economic development of the County; and WHEREAS, there is a lack of confidence by the public in the ability of the Palm Beach County School Board to bring about the fundamental change necessary to achieve quality education in this County; and WHEREAS, it is the perception of the Village of Tequesta that the taxpayers of Palm Beach County will not support any increase in taxes until there is confidence that changes needed in the educational system will be implemented; and WHEREAS, the size and growth of Palm Beach County have placed unique pressures on the management of Palm Beach County School System; and WHEREAS, currently proposed legislative and administrative changes may fundamentally affect the Palm Beach County educational system. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. The Village of Tequesta proposed that the Board of County Commissioners, the Palm Beach County School Board, the Private Sector and the Palm Beach County Municipal League, Inc. work together to develop criteria for the selection of a Superintendent and to develop recommendations for the reform of the educational system in Palm Beach County; and Section 2. The Village of Tequesta requests that the Palm Beach County School Board defer the hiring of a Superintendent for a period of up to one (1) year while such cooperation efforts are pursued. THE FOREGOING RESOLUTION WAS OFFERED by Councilmember who moved its adoption. The motion was seconded by Councilmember , and upon being put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION The Mayor thereupon declared the Resolution duly passed and adopted this 12th day of October, A.D., 1995. MAYOR OF TEQUESTA Ron T. Mackail ATTEST: Joann Manganiello Village Clerk