Loading...
HomeMy WebLinkAboutMinutes_Regular_01/13/1994VILLAGE OF TEQUESTA Post Office Box 3273 357 Tequesta Drive Tequesta, Florida 33469-0273 (407) 575-6200 Fax: (407) 575-6203 V I L L A G E O F T E Q U E S T A V I L LA G E C O U N C I L M E E T I N G M I N U T E S J A N U A R Y 1 3 , 1 9 9 4 I. The Tequesta Village Council held a regularly scheduled meeting at the Village Hall, 357 Tequesta Drive, Tequesta, Florida, on Thursday, January 13, 1994. The meeting was called to order at 7:00 P.M. by Mayor Ron T. Mackail. A roll call was taken by Fran Bitters, the Recording Secretary. Councilmembers present were: Mayor Ron T. Mackail, Vice Mayor William E. Burckart, Liz Schauer, Earl L. Collings and Joseph N. Capretta. Also in attendance were: Village Manager Thomas G. Bradford, Department Heads and Village Attorney John C. Randolph. II. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Liz Schauer gave the Invocation and led those in attendance to the Pledge of Allegiance to the American Flag. III. APPROVAL OF AGENDA o Village Manager Bradford asked to include two topics under Item X ANY OTHER MATTERS : 1) update on the Tequesta Branch Library program; and 2) a proposed Resolution regarding changes to the Flood Insurance Program. o Mayor Mackail asked to comment under Item X, ANY OTHER MATTERS, regarding the Palm Beach County School Board Meeting to take place on January 19, 1994. Village Council Meeting Minutes January 13, 1994 Page 2 ------------------------------- Vice Mayor Burckart moved to approve the Agenda as amended. Councilmember Schauer seconded the motion. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Liz Schauer - for Earl L. Collings - for Joseph N. Capretta - for the motion was therefore passed and adopted and the Agenda was approved as amended. IV. CONSENT AGENDA All Items listed with an asterisk (*) are considered to be routine and will be enacted by one motion. V. APPROVAL OF MINUTES AND REPORTS *A) Board of Adjustment, October 18, 1993 *B) Community Appearance Board; October 13, 1993 *C) Village Council Meeting; December 1, 1993 *D) Special Village Council Meeting; December 9, 1993 *E) Special Village Council Meeting; December 20, 1993 *F) Village Manager's Report; November 29-January 7, 1994 Councilmember Schauer moved to approve the Consent Agenda as submitted. Councilmember Collings seconded the motion. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Liz Schauer - for Earl L. Collings - for Joseph N. Capretta - for the motion was therefore passed and adopted. VI. COMMITTEE REPORTS A) Public Works Committee, November 22, 1993. Village Manager Bradford gave an overview of the above-referenced meeting: 1) The Committee reviewed the Stormwater Utility concept, benefits of having same and necessity of doing so at this point in time by virtue of the Clean Water Act and requirements to adhere to the State of Florida Water District Management plans; 2) the Committee touched on ENCON's River village Council Meeting Minutes January 13, 1994 Page 3 Enhancement Rule. The Committee recommended the implementation of the Stormwater Utility concept for the Village of Tequesta, which has been received and approved on First Reading. Vice Mayor Burckart moved to approve the Public Works Committee Meeting Minutes of November 22, 1993 as submitted. Councilmember Collings seconded the motion. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Liz Schauer - for Earl L. Collings - for Joseph N. Capretta - for the motion was therefore passed and adopted. B) Public Safety Committee Meeting; December 1, 1993. Village Manager Bradford gave a brief overview of the above- referenced meeting: 1) The Committee gave consideration to an Ordinance which would provide for the regulations of parades and special events in Tequesta which are not presently directly regulated. The Committee recommended that a draft Ordinance be prepared for the Committee's consideration; 2) The Committee reviewed, for the first time, an Ordinance for code enforcement enhancements in the Village which would reduce response time from 15 days to 10 days, and would cause mortgagees of record to be notified of fines/liens against the property. 3) The Committee reviewed the Police Department hiring criteria and recommended changes be proposed and drafted by the Police Chief whereby written tests would be administered for mental competency as well as physical agility; 4) The Committee reviewed a proposal for the Village to participate in the Juvenile Alternative Services Program, presented on tonight's Agenda as a Resolution. It was the Committee's recommendation that the Village participate, provided it could get volunteers from the community to serve as supervisors of those juveniles who do get assigned to community service in Tequesta. Village Council Meeting Minutes January 13, 1994 Page 4 Councilmember Collings moved to approve the Public Safety Committee Meeting Minutes of December 1, 1993 as submitted. Vice Mayor Burckart seconded the motion. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Liz Schauer - for Earl L. Collings - for Joseph N. Capretta - for the motion was therefore passed and adopted. VII. NEW BUSINESS A) Resolution No. 6-93/94 - Expressing Opposition to Any Legislation Proposed Which Would Substantially Invalidate the Recent Legislation Adopted in 1993 and Codified as Sections 171.0413 and 171.062, Florida Statutes, Which Provides a Mechanism to Expedite the Annexation of Enclaves; Urging all Local Governments in Palm Beach County to Join in this Opposition and to Contact Their Representatives and Senators to Express Their Opposition to Any Such Legislation; Providing that this Resolution Shall be Submitted to the Board of County Commissioners of Palm Beach County, to Each Member of the Palm Beach County Legislative Delegation, to the State House Committee on Community Affairs, to the State Senate Committee on Community Affairs, and to Other House an Senate Committees that May Be Assigned to Review This Proposed Legislation from Time to Time. (Staff Recommends Approval). Village Manager Bradford reported that in 1993 the State of Florida amended the State Statutes regarding annexation. Many of those amendments were favorable from the perspective of municipalities. Specifically of concern to municipalities presently is the State's plan to do away with new Legislation which allowed for such annexation by Interlocal Agreement for enclaves which are ten acres or less in size. Tequesta's planned annexation involves two or more areas which would apply under this Statute. Therefore, it would behoove Tequesta to express opposition to the above-proposed Legislation. Mr. Bradford pointed out to the Village Council that a study is being performed by the Village Finance Director regarding comparison numbers of the cost to citizens of those unincorporated areas which Tequesta plans to annex into the Village. village Council Meeting Minutes January 13, 1994 Page 5 That study will be available in 4-5 weeks, with an annexation workshop to take place with the Village Council no later than March 1, 1994. Attorney Randolph read Resolution 6-93/94 by Title: "A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, EXPRESSING ITS STRONG OPPOSITION TO ANY LEGISLATION PROPOSED WHICH WOULD SUBSTANTIALLY INVALIDATE THE RECENT LEGISLATION ADOPTED IN 1993 AND CODIFIED AS SECTIONS 171.0413 AND 171.062, FLORIDA STATUTES, WHICH PROVIDES A MECHANISM TO EXPEDITE THE ANNEXATION OF ENCLAVES; IIRGING ALL LOCAL GOVERNMENTS IN PALM BEACH COUNTY TO JOIN IN THIS OPPOSITION AND TO CONTACT THE REPRESENTATIVES AND SENATORS TO EXPRESS THEIR OPPOSITION TO ANY SUCH LEGISLATION; PROVIDING THAT THIS RESOLUTION SHALL BE SUBMITTED TO THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, TO EACH MEMBER OF THE PALM BEACH COUNTY LEGISLATIVE DELEGATION, TO THE STATE HOUSE COMMITTEE ON COMMUNITY AFFAIRS, TO THE STATE SENATE COMMITTEE ON COMMUNITY AFFAIRS, AND TO ANY OTHER HOUSE AND SENATE COMMITTEES THAT MAY BE ASSIGNED TO REVIEW THIS PROPOSED LEGISLATION FROM TIME TO TIME." Helen Couqhter, a citizen of Bermuda Terrace asked several questions regarding any proposed annexation of Bermuda Terrace, and the process of annexation. Councilmember Collings requested that Florida League of Cities also be included in the Resolution Title for notification. Councilmember Collings moved to approve Resolution No. 6- 93/94 as amended. Councilmember Schauer seconded the motion. The vote on the motion was: Ron T. Mackail - for William 8. Burckart - for Liz Schauer - for Earl L. Collings - for Joseph N. Capretta - for the motion was therefore passed and adopted. B) Resolution No. 7-93/94 - Expressing Concern Regarding the Safety of School Children. (Staff Recommends Approval). Village Manager Bradford explained to the Council that Tequesta citizens had approached the Village Council seeking some action to curb the rise in violence in local schools. The same requests having been made by Jupiter residents caused the Jupiter Town Council to adopt a similar Resolution as appears above. Village Council Meeting Minutes January 13, 1994 Page 6 The Palm Beach County School Board has also created a Task Force to address violence in the schools. The passing of the above-referenced Resolution would represent an urging of the Village of Tequesta to the Palm Beach School Board to adopt appropriate policies to bring violence in schools under control. Mayor Mackail felt it would be appropriate to include in the Resolution disciplinary actions the School Board might adopt. He suggested that the following language be inserted at the end of the sentence in Section 1: "...and enforce the same." Attorney Randolph read Resolution No. 7-93/94 by Title: "A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, EXPRESSING CONCERN REGARDING THE SAFETY OF SCHOOL CHILDREN." Vice Mayor Burckart moved to approve Resolution No. 7-93/94 as amended. Councilmember Schauer seconded the motion. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Liz Schauer - for Earl L. Collings - for Joseph N. Capretta - for the motion was therefore passed and adopted. C) Consideration of Engineering Design Contract of Gee & Jenson, Inc., in the Amount of $26,810 for Tequesta Park Improvements, Having an FY 1994 Capital Improvement Fund Budget Allocation in the Amount of $25,000. (Staff Recommends Approval). Village Manager Bradford explained that the proposed 1994 Bond Issue entails improvements of paving, lighting, landscaping of existing parking lot, upgrading and modernizing the playground, upgrading of existing ballfields and lighting the basketball court to Tequesta Park. The estimated cost is $305,000, $25,000 of which has been allocated for engineering design. Gee & Jenson has proposed to design the improvements for $26,810, which also includes design, bid document preparation, lighting of the basketball courts, and necessary geotechnical and topographical surveys which had not originally been included. Village Council Meeting Minutes January 13, 1994 Page 7 ------------------------------- Councilmember Schauer asked if it was possible to move existing lighting onto the basketball courts and, if so, was that cost included in this present fee. Richard Staudinger of Gee & Jenson explained that Gee & Jenson sent a letter on January 7 to the Village Manager concerning the possibilities of using any of the existing lighting on the basketball courts. Mr. Staudinger explained that Gee & Jenson does not recommend using existing lighting, since several problems exist: 1) 16 fixtures out of 30 would have to be salvaged for use, and there is concern whether there exists 16 useable lights; 2) even if salvageable, these fixtures would have a shorter life span than new fixtures; 3) the old fixtures would be 240 volt as compared to the 440 volt of the new fixtures, thereby creating the need for a design change in the electrical system transformer which is already prepared for a 440 volt; 4) there is concern that maintenance costs on the old fixtures would be higher than for new. Vice Mayor Burckart suggested that, in the future, greater measures be taken to `nail down' fees so that it would not be necessary to come back to the Village Council for adjustments. Councilmember Collings moved to approve the Engineering Design Contract for Gee & Jenson, Inc. in the amount of $26,810 for Tequesta Park Improvements. Councilmember Capretta seconded the motion. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Liz Schauer - for Earl L. Collings - for Joseph N. Capretta - for the motion was therefore passed and adopted. Village Manager Bradford informed the Village Council that the South Florida Water Management District rejected Tequesta's permit application for water to irrigate the fields at Tequesta Park. Richard Staudinger stated that it is SFWMD's position that Tequesta does not have enough data available to support an increase in water supply. Village Council Meeting Minutes January 13, 1994 Page 8 It is SFWMD's position that more modeling would be required to prove the water is available. Such modeling would be an expensive route to take. Village Manager Bradford stated an alternative could be to siphon off water allocation permitted to the Water Department. Richard Staudinger stated that Gee & Jenson is exploring to determine whether there is any IQ water available for Tequesta Park; another option would be to maintain the existing wells, which are not sufficient for the expanded fields under a full- time situation, but might be able to be available under an emergency situation, and possibly use some of the Water Department allocation when there is not a drought, and when there is excess capacity in the system. D) Resolution No. 8-93/94 - Authorizing Village of Tequesta Participation in the Juvenile Alternative Services Program (JASP) with Conditions and Authorizing the Village Manager to Execute the Applicable Work Site Agreement. (Staff Recommends Approval). Village Manager Bradford explained that JASP allows local juveniles who have committed misdemeanors to pay for their crimes through community service at a local government facility. The Public Safety Committee recommended that Tequesta participate in this program, provided that the Village is able to secure sufficient volunteers from the public who are willing to supervise the work activities of any JASP participants assigned to Tequesta. Councilmember Collings stated the Resolution Title should reflect that Tequesta will participate "if" they can get volunteers, and add to the Title after agreement "...upon securing a sufficient number of supervisory volunteers." Much discussion took place regarding volunteers, the availability of such, and amount of their time required. Councilmember Collings moved to table Resolution No. 8-93/94 for further study. Councilmember Capretta seconded the motion. The vote on the motion was: Ron T. Mackail - against William E. Burckart - against Liz Schauer - against Earl L. Collings - for Joseph N. Capretta - for ~.. the motion therefore did not pass. village Council Meeting Minutes January 13, 1994 Page 9 ------------------------------- Attorney Randolph explained to the Village Council that the Resolution does not bind the Village to anything, but merely authorizes it to enter into the Program, and upon securing what is considered by the Village to be a sufficient number of volunteers, the contract can then be entered into. This Resolution is merely the first step in authorizing the Village to go ahead as a participant in JASP. Vice Mayor Burckart moved to approve Resolution No. 8-93/94 as amended. Councilmember Schauer seconded the motion. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Liz Schauer - for Earl L. Collings - against Joseph N. Capretta - against the motion was therefore passed and adopted. Attorney Randolph read Resolution No. 8-93/94 by Title: ~~ A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AUTHORIZING VILLAGE OF TEQUESTA PARTICIPATION IN THE JUVENILE ALTERNATIVE SERVICES PROGRAM WITH CONDITIONS AND AUTHORIZING THE VILLAGE MANAGER TO EBECUTE THE APPLICABLE WORK SITE AGREEMENT UPON SECURING A BUFFICIENT NUMBER OF SUPERVISORY VOLUNTEERS.~~ E) Consideration of Tequesta Equity Study Commission Appointments. (Staff Recommends Approval). Village Manager Bradford reported that John Giba has agreed to serve on the Equity Study Commission to review the new occupational license rates. Ed Nelson has previously been appointed to the Commission. It is necessary to appoint at least one more person. Councilmember Collings moved to approve the appointment of John Giba to serve on the Tequesta Equity Study Commission. Councilmember Schauer seconded the motion. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Liz Schauer - for Earl L. Collings - for Joseph N. Capretta - for the motion was therefore passed and adopted. village Council Meeting Minutes January 13, 1994 Page 10 ------------------------------- F) Resolution No. 9-93/94 - Approving an Interlocal Agreement Between Palm Beach County Law Enforcement Agencies and the Village of Tequesta, Providing for a Combined operational Assistance and voluntary Cooperation Mutual Aid Agreement and Authorizing the Mayor and Chief of Police to Execute the Same on Behalf of the village. (Staff Recommends Approval). Village Manager Bradford explained that the above is a countywide mutual aid agreement which Police Chief Roderick has suggested that Tequesta enter into, noting that it is basically the same as Tequesta's NAMAC Mutual Aid Agreement. Attorney Randolph read Resolution No. 9-93/94 by Title: "A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COIINTY, FLORIDA, APPROVING THE PALM BEACH COUNTY LAW ENFORCEMENT AGENCIES COMBINED OPERATIONAL ASSISTANCE AND VOLUNTARY COOPERATION MUTUAL AID AGREEMENT AND AUTHORIZING THE MAYOR AND CHIEF OF POLICE TO EXECIITE THE SAME ON BEHALF OF THE VILLAGE." Councilmember Collings moved to approve Resolution No. 9- 93/94. Councilmember Schauer seconded the motion. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Liz Schauer - for Earl L. Collings - for Joseph N. Capretta - for the motion was therefore passed and adopted. G) Resolution No. 10-93/94 - Designating Polling Locations, Election Officials and Inspectors of the Elections and Establishing Procedures for the Municipal Election Scheduled to be held March 8, 1994. (Staff Recommends Approval). Village Manager Bradford explained that the above-referenced Resolution is one that is necessary each year, designating polling locations, election officials, inspector of elections, and establishes procedures for a municipal election in the event one is held on March 8, 1994. Village Council Meeting Minutes January 13, 1994 Page 11 ------------------------------- Attorney Randolph read Resolution 10-93/94 by Title: "A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, DESIGNATING POLLING LOCATIONS, ELECTION OFFICIALS, AND INSPECTORS OF ELECTION, AND ESTABLISHING PROCEDIIRES FOR THE MUNICIPAL ELECTION SCHEDIILED TO BE HELD MARCH 8, 1994." Dorothy Campbell, worker for Precinct 14, suggested that the first paragraph of Section 3 of the Resolution be changed to read as follows: Change " ..designated Inspectors of Election.." to "...designated Deputy Clerks, Inspectors and Deputy Sheriffs.." Village Clerk Manganiello felt that such a change was not necessary according to the Palm Beach County Supervisor of Elections list. Mrs. Campbell further commented that some of the persons on the list in Section 3 of the above-referenced Resolution are not residents of Tequesta as is required. The Village Council agreed that to delete from the list in Section 3 of the Resolution those who were not residents of Tequesta. Vice Mayor Burckart moved to approve Resolution No. 10-93/94 as amended. Councilmember Schauer seconded the motion. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Liz Schauer - for Earl L. Collings - for Joseph N. Capretta - for the motion was therefore passed and adopted. *H) Consideration of Bid Award to All-Webbs Enterprises, Inc., of Jupiter, Florida, in the Amount of $29,500 for the Drilling of Well 25, Having a Total FY 94 Project Budget Allocation of $682,440. (Staff Recommends Approval). Approved under the Consent Agenda. ..:,.. Village Council Meeting Minutes January 13, 1994 Page 12 VIII. UNFINISHED BUSINESS A) Ordinance 465 - Second Reading - Amending Zoning ordinance No. 355, As Amended, by Amending Section IV, Definitions, by Amending and/or Adding Certain Definitions; by Amending Subsection V, Establishment of Districts and Official Zoning Map; By Adding at Subsection (A), a New Mixed-Use District; by Amending Section VII, Schedule of Regulations and Application of Regulations, By Adding district MU at Subsection (C), Schedule of Site Regulations; by Amending Section VII, Schedule of Regulations and Application of Regulations, Subsection (D), Schedule of District and Use Regulations, by Adding New Paragraph (9), Mixed-Use District; by Amending Section VIII, Off-Street Parking and Loading Regulations; by Amending Section X, Supplemental Regulations Applying to a Specific, to Several, or to All Districts, Subsection (J), Special Exception Uses, Paragraph (2), Criteria, by Adding a New Requirement (h); Subsection (M), Site Plan; Prerequisite to Building Permit Issuance, by Amending Paragraph (1). (Staff Recommends Approval). Scott Ladd, Building Official explained that all changes suggested by the Village Council at the First Reading have been incorporated. Since that time, the Village Attorney has submitted a letter to the Village regarding some of his concerns about the Ordinance. Village Attorney Randolph stated he was concerned about the change under Urban Design Principles from mandatory requirements to requirements which "shall be considered". He was also concerned regarding the Village Council's vote to add the phrase "as a guideline" to Section 4 (9) (b) 1. He felt that by doing so, the `guts' of the Ordinance had been removed, since, by such changes, the indication was merely a guideline, and not a requirement. It was Attorney Randolph's suggestion that "as a guideline" in Section 4(9)(b)1 be removed. Village Council Meeting Minutes January 13, 1994 Page 13 ------------------------------- Attorney Randolph was also concerned by the Village Council's desire to remove the definition of "Village serving". He felt that without a definition of Village Serving to serve as a guideline as to when a special exception would be granted, the Ordinance would not withstand a legal challenge in the event someone who had met the guidelines of the Ordinance were to come forward for a special exception. It was his suggestion that the definition of Village Serving not be removed. After a very lengthy discussion regarding the two above- referenced issues, a motion was made. Councilmember Collings moved to approve 465 on the second First Reading, with the following amendments: o Section 4(9)(b) Scope of District, exchange the words "..considered as a guideline..." with "...utilized..". o Section 4(9)(f)1, Urban Design Principles, add the word ~~...as guidelines.." after "...shall be considered..". o Section 4 (9) (g) 1, Urban Design Objectives, add the words "...as guidelines..." after "...shall be considered..." o Section 4(9)(1)13 Special Exception Uses, after "...and services)..." add the words "...which are in conformity with the intent and integrity of the district.' Councilmember Schauer seconded the motion. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Liz Schauer - for Earl L. Collings - for Joseph N. Capretta - for the motion was therefore passed and adopted. B) Ordinance 466 - Second Reading - Amending Chapter X of the Code of Ordinances Health and Sanitation, at Section 10-18, Sections (a), (b) and (d) Relating to IInlawful Growth; Amending Sections 10-19 and 10-20, Relating to Periods of Time Within Which to Abate Violations; Providing Amendments so as to Provide Notice to Mortgagees of Record. (Staff Recommends Approval). Village Council Meeting Minutes January 13, 1994 Page 14 ------------------------------- Village Manager Bradford explained that Ordinance No. 466 was recommended by the Public Safety Committee on December 1, 1993. The following amendments were made to enhance code enforcement efforts of the Village: o Property owners are now granted 10 days to remedy or abate violations of the Code. Previously, property owners were granted 15 days to abate. o Upon placement of a lien, the village is now required to notify the mortgagee(s) of record. It is anticipated this measure will cause property owners to satisfy liens and/or abate Code violations to avoid action by their mortgage holders. Attorney Randolph read Ordinance No. 466 by Title. Vice Mayor Burckart moved to approve Ordinance 466 on second Reading. Councilmember Collings seconded the motion. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Liz Schauer - for Earl L. Collings - for Joseph N. Capretta - for the motion was therefore passed and adopted. C) Ordinance No. 467 - Second Reading - Creating a Stormwater utility system; specifying the Purposes, Rates, Billing Methods and Contributions for Said System. (Staff Recommends Approval). Village Manager Bradford explained that the above-referenced Ordinance is proposed to create a stormwater utility for the Village of Tequesta, and to set forth the organization of such, to operate similar to the Water Department Enterprise in the Village. The above-referenced Ordinance, however, does not impose rates nor fees at this time. Tequesta is faced with two or more Federal and State mandates regarding stormwater which would result in enormous and inescapable costs to the Village. This is an accepted and authorized way in which to handle stormwater and to raise revenues to deal accordingly with such. Village Council Meeting Minutes January 13, 1994 Page 15 Councilmember Collings the Second Reading of Ordinance 467. Vice Mayor Burckart seconded the motion. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Liz Schauer - for Earl L. Collings - for Joseph N. Capretta - for the motion was therefore passed and adopted. IX. COMMUNICATIONS FROM CITIZENS Wade Griest asked if the Siegel Case is now closed. Village Attorney Randolph responded that, essentially, the Case is considered closed, explaining that the Village Code Enforcement Officer recently reviewed the property discovering that the Siegels have complied, and the Village will now drop its lien. However, the Order has not yet been signed by the Court, since the Siegels have not yet agreed to the language of the Order which is before the Court. A meeting is scheduled before the Judge next week for the signing of the Order. Mr. Griest commented that he recently witnessed a local newspaper vending machine falling over on a small boy and suggested that the Village create an Ordinance requiring that such vending machines in the Village be anchored by some sort of weights to avoid such a thing happening in the future. Mayor Mackail responded that the Village Council will address that problem. Harold Hutchinson asked for an update on the Tequesta Branch Library. Mayor Mackail informed him that would be addressed by Village Manager Bradford under ANY OTHER MATTERS on tonight's Agenda. Village Council Meeting Minutes January 13, 1994 Page 16 Dorothy Campbell asked for a progress report on the Connector Road. The Village Council reported there is no progress report at this time but informed Mrs. Campbell that a joint meeting including Martin County and Tequesta will take place in February. Village Manager Bradford reported that there is presently taking place a joint traffic study for the region, the results of which will be presented at the February joint meeting. He explained further that all speed bumps and stop signs have been removed from Little Club. So, basically, there is existing a "connector road" corridor with no impediments. X. ANY OTHER MATTERS A) Village Manager Bradford - Tequesta Branch Library IIpdate - Mr. Bradford reported that he has been discussing Tequesta's `game plan' with the Palm Beach County Library representatives regarding Tequesta assuming the responsibility for the construction of the Tequesta Branch Library. Mr. Bradford has reviewed the first part of the contract documents; PBC is sending these documents to the Village on computer disk for greater ease; Mr. Bradford has had discussions with architects regarding advice on different scenarios. Mr. Bradford asked the Village Council to appoint a Councilmember or an appropriate committee to oversee the Library project, and also asked the Council's direction on dealing with alternate sites for the Library. Councilmember Schauer suggested that bids be sought for the two sites, maintaining the option of placing the Library next door to Village Hall, while looking at external sites (i.e., next to the Post Office). The Village Council concurred that the Public Works Committee should be the ones to oversee the Library project . B) Village Manager Bradford - National Flood Insurance Program - Mr. Bradford explained that the National Flood Insurance Program (NFIP), available to those living in flood prone areas, has given many citizens relief from flooding which the private sector has not given. village Council Meeting Minutes January 13, 1994 Page 17 There is now legislation in the United States House of Representatives (sponsored by Congressman Joseph Kennedy of Massachusetts (HR 3191)), and in the United States Senate, sponsored by Senator John Kerry of Massachusetts (SR 1405) that would substantially change the NFIP and have a huge impact on taxable value of coastal properties and, in turn, tax revenues collected by local governments. In Palm Beach County alone, it is estimated that 8.8 billion dollars of taxable value could be put at risk. The proposal is to amend the bill where they will allocate $25M to be expended to map the entire United States and establish a 60-year flood plane and a 30-year flood plane. Once this is done, the Bills do not permit flood insurance for any new construction or additions to existing structures located in the 30-year zone. They also do not permit flood insurance for any non- residential structure or residential not readily movable that is located in the 60-year zone. The Bills proposed would prohibit Federally-backed mortgage financing institutions from financing structures within flood prone areas established by the map. Village Staff recommends the adoption of Resolution 11- 93/94 (following that of the Palm Beach County Municipal League) which would oppose the above-referenced Bills. Village Attorney Randolph read Resolution No. 11-93/94 by Title: ~~A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, OPPOSING HOUSE OF REPRESENTATIVES BILL 3191 AND SENATE BILL 1405 REGARDING THE NATIONAL FLOOD INSURANCE REFORM ACT OF 1993 AS THEY ARE CURRENTLY WORDED AND RECOMMENDING REVISIONS THERETO. ~~ Councilmember Collings moved to approve Resolution No. 11-93/94. Councilmember Schauer seconded the motion. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Liz Schauer - for Earl L. Collings - for Joseph N. Capretta - for the motion was therefore passed and adopted. village Council Meeting Minutes January 13, 1994 Page 18 ------------------------------- Councilmember Collings urged all citizens to write letters to their local and national legislators in opposition of the above-referenced Bills. C) Mayor Ron Mackail - Jupiter High School - Mayor Mackail stated he had met with Dr. Uhlhorn, Superintendent of Palm Beach County School Board, to discuss the School Boards Master Plan regarding the Jupiter High School. If the School Board does not take action by May, 1994, the funding necessary for the rebuilding or improvement of the High School may be unavailable. The Metamorphosis Group, as well as Palm Beach County Commissioner Karen Marcus, determined to send a statement to the School Board, demonstrating that there is a genuine concern and urging that the Master Plan be expedited in a timely manner. X. ADJOURNMENT Councilmember Collings moved that the meeting be adjourned. Councilmember Schauer seconded the motion. The vote on the motion was: Ron T. Mackail - for Liz Schauer - for Earl L. Collings - for Joseph N. Capretta - for the motion was therefore passed and adopted and the meeting was adjourned at 10:10 P.M. Respectfully submitted, Fran Bitters Recording Secretary ATTEST: ann Mangani to Village Clerk .,.~ DATE APPROVED: