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HomeMy WebLinkAboutMinutes_Special Meeting_07/28/1994VILLAGE 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 SPECIAL MEETING MINUTES JULY 28, 1994 I. II. CALL TO ORDER AND ROLL CALL The Tequesta Village Council held a Special Meeting at the Village Hall, 357 Tequesta Drive, Tequesta, Florida, on Thursday, July 28, 1994. The meeting was called to order at 7:00 P.M. by Mayor Ron T. Mackail. A roll call was taken by Betty Laur, the Recording Secretary. Council members present were: Mayor Ron T. Mackail, Elizabeth A. Schauer, Earl L. Collings, 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. Absent was Vice Mayor William E. Burckart. APPROVAL OF AGENDA o Councilmember Collings requested addition of an item under Item XI regarding BRITT. o Village Manager Bradford requested addition of an item under Item XI regarding update of the water issue. Councilmember Collings moved to approve the Agenda as amended. Councilmember Schauer seconded the motion. The vote on the motion was: Ron T. Mackail - for Elizabeth Schauer - for Earl L. Collings - for Joseph N. Capretta - for The motion was therefore passed and adopted and the Agenda was approved as amended. Kecvcled Panrr Village Council Special Meeting Minutes July 28, 1994 Page 2 ------------------------------- III. RESOLUTION NO. 20-93/94 - ACCEPTING THE TERMS AND CONDITIONS OF THE EMERGENCY MEDICAL SERVICES ( EMS ) AWARD GRANT WITH THE PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS, PALM BEACH COUNTY, FLORIDA, FOR ANY MONIES RECEIVED FROM GRANT APPLICATIONS COMPLETED FOR 1994, ACCEPTANCE OF WHICH WILL EXPAND AND/OR IMPROVE THE FIRE DEPARTMENT'S EMERGENCY MEDICAL SERVICES DIVISION AND WILL NOT BE USED TO SUPPLANT THE VILLAGE'S EXISTING BUDGET ALLOCATION; AUTHORIZING THE VILLAGE MANAGER TO ENTER INTO SUCH AN AGREEI~NT FOR ANY GRANTS RECEIVED. (Staff Recommends Approval) Village Manager Bradford commented that this resolution needed to be passed each year for the Village to be eligible for this grant, which he anticipated to be about $5, 000 this year, and that if the amount should be a large contribution that it could have the effect of reducing future expenditures. Councilmember Schauer moved to approve Resolution No. 20- 93/94. Councilmember Collings seconded the motion. The vote on the motion was: Ron T. Mackail - for Elizabeth Schauer - for Earl L. Collings - for Joseph N. Capretta - for The motion was therefore passed and adopted. IV. CONSIDERATION OF STAFF REPORT ON THE R-3 ZONING DISTRICT INVENTORY STUDY. Village Manager Bradford stated as a result of Vice Mayor Burckart's recommendation that changes be made to Section VII of the Zoning Code for the R-3 Zoning District [which only applies to properties within the Village of Tequesta on Beach Road and allows the highest density of any zoning district under the Village's Zoning Code ~ to make it more in keeping with Palm Beach County's similar zoning district, the Village Council had directed staff to prepare an inventory study in order to determine how existing properties relate to the existing code in effect for that area and to Palm Beach County's zoning code for the adjacent area. Village Manager Bradford reviewed Vice Mayor Burckart's suggestions in regard to amending the R-3 Zoning Village Council Special Meeting Minutes July 28, 1994 Page 3 District by changing Section VII of the Zoning Code to allow: 4 Side setback of 40 feet plus 2 feet for each additional ten feet, and if an R-3 District abutted a single family district that the setback should be doubled to provide a proper separation for the two land uses. 4 Front setback of two feet for a one-story garage structure that is landscaped and covered with greenery on top. Other one-story garages would have a front setback of ten feet from the front property 1 ine i f there were no landscaping on top. The main structure front setback would remain at 60 feet. b Building height of eleven living levels over one level of parking. (As described in the existing code except for the addition of three additional levels.) Building height would be changed from 85 feet to 115 feet to accommodate the extra three stories. In the absence of Scott D. Ladd, Building Official, who had prepared the inventory study, Village Manager Bradford reviewed Mr. Ladd's report which included the number of units, lot area in acres, units per acre, as-built front yard, side yard, and rear yard setbacks, height in stories and in feet, percentage of lot coverage, and whether conforming or non-conforming to current code. Mr. Ladd had also prepared a comparative analysis of various zoning code ordinances for the Village and for the County and when they were adopted. The Palm Beach County code was shown to be more liberal than the Village code for front, side and rear yard setbacks, and allowed building height to increase in relation to increased setbacks. The net result of Mr. Ladd's findings was that of all the properties within the R- 3 Zoning District were non-conforming, and that the only property conforming under current code is Cliveden which was approved by the Village Council on June 14, 1994. Village Manager Bradford clarified that "conforming" meant a property met all requirements under current code and that "non-conforming meant a property did not comply with one or more of the current requirements. Implicit in Mr. Ladd's report was that these properties became non-conforming as more restrictive ordinances replaced previous ordinances over the years. In response to Councilmember Capretta, Village Council Special Meetinq Minutes July 28, 1994 Page 4 ------------------------------- Village Manager Bradford clarified that in January 1973 when Tequesta Towers was permitted that the code then in effect allowed building height of 100 feet, so that they were able to build an 11-story building. Village Manager Bradford responded to Councilmember Schauer's question of what would happen if the non- conforming properties remained non-conforming, that if there were a disaster where one of those structures were damaged 50~ or more, it would have to be rebuilt under the existing code, not the code that existed at the time it was built. Councilmember Capretta suggested if Tequesta's code were more consistent with the Palm Beach County code that the buildings would be conforming and could be rebuilt to their original plans, and also would make Tequesta competitive for people wishing to annex into the Village. Mayor Mackail questioned the dollar impact to the Village tax base in light of the present inventory and potential annexation. Village Manager Bradford responded if the Village had everything from Claridge to Seawatch that there would be a nice tax base. Councilmember Collings informed the Council that over the years the Coastal Construction Zone had been moved back by the County, so that many of these properties could not be rebuilt in their own footprint if they were destroyed. Village Manager Bradford commented that the only undeveloped Beach Road property was the Cliveden development. Alfred Coyle, 375 Beach Road, stated he was confused by comments made in a letter he had received from Village Manager Bradford, which he planned to respond to next week. He quoted from the letter, `Vice Mayor Burckart and some members of the Council believe that the Cliveden condominium project as was originally proposed was a better project for all parties concerned in terms of design and amenities......As to the proposed townhomes on the northernmost parcel, there appears to be unanimity that these units should be avoided if possible.' Mr. Coyle stated if the original proposal included the townhomes that these statements appeared to be in direct contradiction, and wondered if the townhomes had ever been seriously considered and if they might be a red herring. He further quoted, "development rights of the developer, and can they be transferred thereby resolving the concerns". Mr. Coyle asked what development rights were, whether they guaranteed Village Council Special Meeting Minutes July 28, 1994 Page 5 ------------------------------- a profitable return for the developer, and why they were in the best interest of the taxpayers. He stated the inventory report history did not justify changing current code to accommodate a developer. Mr. Coyle stated his belief that when a councilmember had a conflict of interest that councilmember should abstain from voting; and that any realtor would stand to gain financially from these proposed zoning changes. K. C. Meinken, 375 Beach Road, stated he had addressed the Board of Adjustment on January 17, and the Village Council on May 3. He had been authorized to speak for Beach Road in its entirety at tonight's meeting by Kenneth York, President of the Beach Road Association which represents 17 buildings on Beach Road containing 542 residents. On behalf of Beach Road Mr. Meinken expressed the feeling that any changes in the ordinances and in the codes that are in existence, whether they be setbacks or height requirements, are in total opposition to what Beach Road residents want the Village to undertake, and that Beach Road residents did not support an ordinance change of any kind. He stated the Beach Road residents want the Cliveden project developed the way it was approved by Council on May 3 and would fight very hard to keep it that way, and that Tequesta was not in competition with other cities or Palm Beach County. Jack Downey, 325 Beach Road, stated as President of Island House Southwest he had taken a poll of their 30 units to determine the residents' position concerning the existing limited height and the open parking for the Cliveden project. He reported the first 15 people he called all preferred increasing the height of the building and that the parking be in covered garages with landscaping. He stated he wanted the Council to know the result from one group of the four involved. J.K.R. Graveney, 19750 Beach Road, stated he represented Passages as their President, and their next-door neighbor, Mrs. Sendzimir. He stated they had no wish to be annexed and would not discuss it; that since Mrs. Sendzimir had turned down an offer from Mason Simpson to purchase her property that Mr. Burckart's comment about annexation was confusing, and suspicious people might think Tequesta had a trio consisting of Mr. Burckart, Mr. Divosta and Mason Simpson. Village Council ~..~s. Special Meeting Minutes July 28, 1994 Page 6 ------------------------- Mason Simpson stated he had not made an offer for Mrs. Sendzimir's property. Mr. Simpson stated that, speaking as a professional, the northern part of the island needed to be in Tequesta to be able to use Village services and currently under County regulations buildings there could be of unlimited height. He explained a Conditional Use B permit was granted by the County Commission to construct a building with no height restrictions except those determined by setbacks, which would mean the Sendzimir property could currently have a building over 20 stories tall. Other comments by Mr. Simpson included a statement that if he were allowed to build townhomes at the Cliveden project that they would be built. Ed Hallberg, 350 Beach Road, requested clarification as to how the height was determined on the Cliveden project. Mr. Hallberg stated his belief that the building was 97 feet high and the code stated 85 feet. Village Manager Bradford explained the first floor and the elevator tower were typically not counted in determining height. Mr. Hallberg stated his belief that since the side yard setback was 40 feet with an additional 2 feet added for each additional ten, even using the 85-ft. height that the requirement would be 52 feet and not 50 feet as was approved. Mr. Hallberg requested clarification from the Building Department as to how Cliveden had been determined to be a conforming property. Merv Crockett, 400 Beach Road, stated he was a 20-year resident who had been on the Tequesta Towers Board for 18 years, and his comments were in their behalf. Mr. Crockett stated they were opposed to any change in zoning that would permit the construction of five townhouses. Brenda Simpson, 25 Saddleback Road, questioned when the meeting was held that authorized Mr. Meinken as representative to speak for all Beach Road residents. Steve Kennedy, Deputy Building Official, stated that Building Official Ladd had determined the Cliveden property to be conforming; however, since the criteria in the inventory study seemed to be contradictory he suggested this matter be revisited. Councilmember Collings commented the study was a general study, while the issue of how height and setback had been determined for Cliveden was a precise Village Council Special Meeting Minutes July 28, 1994 Page 7 ------------------------------- matter; and recommended revisiting this matter. Councilman Capretta spoke regarding the Cliveden project and stated the Beach Road residents had never had the choice of no condominium being built; their choices were only in regard to the open or covered parking and whether to increase the height of the building. He informed the public that the laws regarding conflict of interest were very specific, and that data had not been seen to indicate Mr. Burckart has any conflict or has been unethical in any way. Village Attorney Randolph stated any member of the Council who has an issue which would inure to his personal financial gain should recuse himself from voting on any such issue and in the event of such a conflict he is to declare that conflict at the public meeting and file a financial disclosure statement and conflict of interest statement with the Village which would go to the State. Mr. Capretta stated unless a member of the public had proof that Mr. Burckart had acted unethically, he would appreciate them not maligning him. Alfred Coyle stated he did not imply that Mr. Burckart had done anything unethical , but had stated that a member of the Council who was in the real estate business probably has a potential financial gain from approving this type of change in the zoning code. Mr. Graveney stated after listening to Mr. Capretta that he would like to withdraw his final remark. Mr. Meinken addressed comments to Mr. Capretta that the people at Lamar, 375 Beach Road, the immediate abutter to Cliveden, desired a 9-story building with open air parking rather than a building higher than their existing building. He stated Mr. DiVosta had planned to build a twin tower, and the original purchasers based their purchases on that premise. He stated there had been rumors that an 11 or 12- story building would enhance the value of existing properties, and stated that statement was untrue, and that they had been told by real estate people that their property values would go down. Mr. Simpson stated the twin tower could not be built since two parking spaces per unit are now required and the site is physically not large enough for two spaces per unit, and that if it could be built he would be pleased to build it. Village Council Special Meeting Minutes July 28, 1994 Page 8 ------------------------------- It was the consensus of the Village Council that staff be directed to gather further information on determining the height and setbacks in the R-3 zoning district. Councilmember Schauer directed Deputy Building Official Steven Kennedy to inform Building Official Scott D. Ladd to include in his report whether or not on there is a manager's apartment on the main level of every existing condo on Beach Road, and where the electrical facilities are located. Village Attorney Randolph recapped that direction to staff was to produce a more complete and precise background report relating to the R-3 Zoning District to include how setbacks and height are measured on a practical basis to give the Council a better understanding of how the ordinances are applied. Mayor Mackail stated at the original meeting regarding Cliveden his impression was Beach Road residents were only opposed to the amount of time they had available to study the project and make comments, not that they were opposed to the actual project. Mayor Mackail stated the Village is in a lawsuit and he did not see a win for either the Village or the people who are suing the Village, and felt the real concern was the five potential townhomes. He informed the public that when the Council had asked for a special meeting to try to work things out in a neighborly fashion there was no support, therefore, he felt it imperative that staff provide more information and asked that they include information as to what would happen in the event of a disaster to conforming and non-conforming properties, and the potential tax base that would be available for the Village. Councilmember Collings asked that the Beach Road properties which might annex in the future be listed in the report with heights, etc., and that the future annexation impact for all of Beach Road be stated. Councilmember Capretta informed the public that the Council could not interfere with or reverse the decision by the Zoning Board of Adjustment. V. CONSIDERATION OF BID AWARD FOR THE VARIOUS SEGMENTS OF THE COUNTRY CLUB DRIVE IMPROVffi~IENT PROJECT, A 1994 BOND ISSUE PROJECT HAVING DESIGNATED PROCEEDS OF $172,000. (Staff Recommends Approval) Village Council Special Meeting Minutes July 28, 1994 Page 9 ----------------------- A) ROADWAY PAVING TO COMMQNITY ASPHALT, INC. IN THE AMOUNT OF $75,828.90 B) ROADWAY STRIPING TO FINE-LINE STRIPING, INC. IN THE AMOUNT OF $11,725.30 C) SIGNAGE CONSTRUCTION TO WILLIAM H. MURPHY GENERAL CONTRACTOR, INC. IN THE AMOUNT OF $5,381.71 Councilmember Schauer questioned whether the remaining $34,016.84 would be sufficient to cover landscaping, lights, irrigation and miscellaneous expenses. Village Engineer W. Richard Staudinger replied $8,000 had been earmarked for landscaping, lights and irrigation around the sign, and any remaining funds were planned for additional landscaping along Country Club Drive. He reported the solar streetlights would cost $3,000 each and that two would be necessary. The other option, FPL, would require easements, which were being investigated. Village Manager Bradford responded to Councilmember Capretta that sidewalks were not part of this project and would be done at another time. Village Engineer Staudinger stated all phases of this project should be started within two weeks. Village Manager Bradford stated possible uses that were being considered for any extra money were additional landscaping, improvement of bike paths, or to set it aside to use for other projects. Motion was made by Councilmember Collings to move ahead with this project. Motion was seconded by Councilmember Schauer. The vote on the motion was: Ron T. Mackail - for Elizabeth Schauer - for Earl L. Collings - for Joseph N. Capretta - for The motion was therefore passed and adopted. VI. CONSIDERATION OF BID AWARDS TO THE BRANG COMPANY, INC. OF BOCA RATON, FLORIDA, IN THE AMOUNT OF $271,865.77 FOR THE RECREATION IMPROVEMENTS ASSOCIATED WITH THE TEQUESTA PARK IMPROVEMENT PROJECT, AND TO FLORIDA DESIGN IRRIGATION OF LAKE PARR, FLORIDA, IN THE AMOUNT OF $11, 344 FOR PARKING LOT IRRIGATION SYSTEM; A 1994 BOND ISSUE PROJECT HAVING PROCEEDS IN THE AMOUNT OF $330,000. (Staff Recommends Approval) Councilmember Schauer questioned staff proposal to eliminate Village Council ~...: Special Meeting Minutes July 28, 1994 Page 10 ------------------------- playground equipment to keep the cost within the amount allocated for this project. Village Manager Bradford offered an option of using $25,000 which had been borrowed from the Water Department instead of paying it back. The City Engineer urged the Council to decide on any changes as soon as possible. Village Manager Bradford responded to Councilmember Collings that the idea of cost-sharing with Martin County for Tequesta park was dead. Councilmember Capretta voiced concern that the parks would not be fully utilized, and felt something must be done to manage Constitution Park and organize activities there. Mayor Mackail stated JTAA would utilize Tequesta Park if there were enough playing fields and JTAA had requested that the Village make a commitment to improve the irrigation system and the park to meet their requirements. Further discussion revealed the least expensive course of action would be to find the funds now to maximize the project as it was designed. Motion was made by Councilmember Schauer to award the bid to Brang Company, Inc. for the Recreation Improvements associated with Tequesta Park Improvement Project in the amount of $296,865.77, with the additional $25,000 to come from those proceeds that were originally to be paid to the Water Department. Motion was seconded by Mayor Mackail, who had passed the gavel to Councilmember Capretta. The vote on the motion was: Ron T. Mackail - for Elizabeth Schauer - for Earl L. Collings - for Joseph N. Capretta - for The motion was therefore passed and adopted. VII. CONSIDERATION OF PROFESSIONAL SERVICES PROPOSAL WITH GEE & JENSON IN THE AMOUNT OF $27,900 FOR SOUTH FLORIDA WATER MANAGEMENT DISTRICT CONCEPTUAL APPROVAL OF DESIGN AND DREDGE/FILL PERMIT FOR THE DOVER DITCH IMPROVEI~TT PROJECT, HAVING AN FY 1994 CAPITAL IMPROVEMENT FUND BUDGET ALIACATION IN THE AMOUNT OF $100,000. (Staff Recommends Approval) Village Manager Bradford stated the Dover Ditch project had been discussed for a couple of years, and the Finance and Village Council ~.~ Special Meeting Minutes July 28, 1994 Page 11 Administration Committee had recommended not moving forward with the project at this time because of the number of unknown items associated with it, but to move forward with the concept design and with a mangrove mitigation permit because of the length of time it would take to obtain the permit. In response to Mayor Mackail, Village Manager Bradford stated Jupiter had inquired this spring what Tequesta was doing regarding Dover Ditch, and had indicated that they would be in a better position to pay their fair share after their storm water utility was underway, so that they could respond without using their General Fund. The City Engineer stated he had talked with Jupiter regarding the culverts Tequesta was installing and they appeared to be in favor of those; that Tequesta's share of the cost would be 76$ and Jupiter's share 24~, and that Tequesta had applied for a cost-sharing grant from the South Florida Water Management District. `'°°Y° Motion was made by Councilmember Collings to approve the Professional Services Proposal with Gee & Jenson in the amount of $27,900 as described above. Motion was seconded by Councilmember Schauer. The vote on the motion was: Ron T. Mackail - for Elizabeth Schauer - for Earl L. Collings - for Joseph N. Capretta - for The motion was therefore passed and adopted. *VIII. CONSIDERATION OF DESIGNATION OF VILLAGE PROPERTY AS SURPLUS, PURSUANT TO SECTION 3.02(8) OF THE VILLAGE CHARTER. (Staff Recommends Approval) A) 1988 Crown Victoria Police Car Mileage: 96,216 VIN# 2FABP72GXJX163318 B) 1989 Chevrolet Celebrity Police Car Mileage: 70,821 VIN#: 3G1AW51W4KKS523979 C) Yale Two (2) Ton Electric 120V Hoist, Model KEL2-1OP72, Serial No. K134993D D) Snapper Riding Mower, 11 H.P.; Model No. 331145, Serial No. 33105330, VOT Property Control No. W-109 E) (250) Used Water Meters - Trade Value $3.25 - $12.00 Village Council ~., Special Meeting Minutes July 28, 1994 Page 12 ------------------------------- Motion was made by Councilmember Collings to approve Consent Item VIII. Motion was seconded by Councilmember Schauer. The vote on the motion was: Ron T. Mackail - for Elizabeth Schauer - for Earl L. Collings - for Joseph N. Capretta - for The motion was therefore passed and adopted. IX. ORDINANCE - SECOND READING - AMENDING CHAPTER 17 OF THE CODE OF ORDINANCES, TAXES, AT SECTION 17-16, INCREASING THE UTILITY SERVICE TAX FROM EIGHT PERCENT (8$) TO NINE PERCENT (9$); 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. In response to Councilmember Collings' question as to what this increase would be in dollars to the average homeowner, Village Manager Bradford replied that he did not know the amount for an average electric bill, however using his own as an example, it would increase by approximately $1.20 per month. He stated the Village would receive approximately $57,000 per annum. Motion was made by Councilmember Schauer to approve Ordinance Amending Chapter 17 of the Code of Ordinances, Taxes, at Section 17-16 as referenced above. Motion was seconded by Councilmember Collings. The vote on the motion was: Ron T. Mackail - for Elizabeth Schauer - for Earl L. Collings - for Joseph N. Capretta - for The motion was therefore passed and adopted. X. ORDINANCE - THIRD READING - CREATING A VILLAGE CODE CHAPTER TO BE ENTITLED IMPACT FEES; LEVYING IMPACT FEES FOR FIRE- RESCUE SERVICES ON NEW CONSTRUCTION WITHIN THE VILLAGE; STATING THE APPLICABILITY OF SUCH FEES TO ALL NEW Village Council Special Meeting Minutes July 28, 1994 Page 13 ------------------------------- CONSTRUCTION SUBJECT TO CERTAIN EXCEPTIONS; PROVIDING FOR DETERMINATION AND REVIEW OF IMPACT FEE AMOUNTS EVERY OTHER YEAR AND FOR ADJUSTMENTS BASED ON COST INCREASES; ESTABLISHING A SCHEDULE FOR IMPACT FEES; PROVIDING FOR PAYMENT OF SUCH FEES UNLESS AN IN KIND CONTRIBUTION IS ACCEPTED BY THE VILLAGE COUNCIL; CREATING CAPITAL EXPANSION TRUST FUNDS FOR FIRE-RESCUE SERVICES; REQUIRING DEPOSIT OF IMPACT FEES IN THE APPROPRIATE TRUST FUND; LIMITING THE USE OF AMOUNTS IN SUCH TRUST FUND; REQUIRING THE PREPARATION AND MAINTENANCE OF THE CAPITAL EXPANSION PLAN FOR THE TRUST FUND; ESTABLISHING TIME FOR PAYMENT OF SUCH FEES; PROHIBITING ISSUANCE OF BUILDING PERMITS WITHOUT PAYMENT OF ALL FEES; 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 third reading. Councilmember Collings stated he was -- in favor of the suggested minimum amount of impact fees; however, he questioned whether the Village's Fire-Rescue department was operating for less than the Village had paid under the County's program. Village Manager Bradford assured Councilmember Collings that Fire-Rescue was operating for less, and that the proposed impact fee was to help offset future capital expansion; and he recommended at a minimum the Village charge what the County currently charges, which was also the recommendation of the BOCC. Fire Chief Weinand commented the schedule was common from city to city and that he was trying to bring Tequesta up to what other cities were charging. Councilmember Collings clarified that if passed this Ordinance could be amended at any time, and if passed at the rates charged by the County Tequesta would have the mechanics in action and stated his reluctance at this point to dramatically increase impact fees to the three developers who are interested in the downtown redevelopment project. Councilman Capretta commented if the funds did not come from new construction that the current residents would have to provide them. Village Manager Bradford informed the Council that when the figures were available for Police and Recreation impact fees that he expected the Recreation impact fees to be reduced, and that the Council could amend Fire-Rescue impact fee amounts when all those figures became available. Further discussion included the points that additional fire and police services would be needed when the downtown project Village Council ~~-. Special Meeting Minutes July 28, 1994 Page 14 was completed, that annexation would come before the voters in March, 1995, and that new development needed an incentive to come to Tequesta. Hal Hutchinson commented that a developer may pay initially but the person who purchases the property will really pay. Motion was made by Councilmember Collings to approve changes to the above referenced Ordinance to reflect that impact fees would be kept at the same amounts Palm Beach County is currently charging (as noted in Mr. Bradford's memo dated July 22, 1994) from Donald Ross Road to Tequesta's south boundary. Motion was seconded by Councilmember Capretta. Village Attorney Randolph advised that this item could not be approved at tonight's meeting since all of section 4 would need to be rewritten, and that the ordinance could be voted on at the next Village Council meeting. The vote on the motion was: Ron T. Mackail - for Elizabeth Schauer - for Earl L. Collings - for Joseph N. Capretta - for The motion was therefore passed and adopted. XI. RESOLUTION NO. 21-93/94 - IN OPPOSITION TO CASINO TYPE GAMBLING IN THE STATE OF FLORIDA. (Staff Recommends Approval) Village Attorney Randolph read Resolution No. 21-93/94 by title only. Motion was made by Councilmember Schauer to approve Resolution No. 21-93/94. Motion was seconded by Councilmember Collings. The vote on the motion was: Ron T. Mackail - for Elizabeth Schauer - for Earl L. Collings - for Joseph N. Capretta - for The motion was therefore passed and adopted. Village Council ~- Special Meeting Minutes July 28, 1994 Page 15 ----------------------- XII. ANY OTHER MATTERS Councilmember Collings asked the Council, on behalf of BRITT, if the $5, 000 donation budgeted for fiscal year 94-95 could be made to BRITT now, in this fiscal year, as it was needed for the new company coming in for their next production session. It was the consensus of the Village Council to instruct Village Manager Bradford to make changes to the budget documents in order to contribute $5,000 to BRITT immediately instead of making a $5,000 contribution from next year's budget. Village Manager Bradford discussed salt water intrusion problems experienced by the Hobe Sound Water Company, and explained that he had contacted them and offered Tequesta's help. A meeting with their representatives that morning had resulted in a possible short-term emergency interconnect on US 1 or on Beach Road to allow Hobe Sound to purchase additional water that could come via interconnects of water systems from as far south as Seacoast Utility which may currently have excess capacity. Also, Hobe Sound was very interested in pursuing all options for a joint venture with Tequesta to obtain a new reverse osmosis facility to serve both systems, and had been authorized by Village Manager Bradford to begin talks with Tequesta's engineers to see if this could be made feasible to the satisfaction of both municipalities. XIII. COMMUNICATIONS FROM CITIZENS Dottie Campbell, 4 Tradewinds Circle, requested and received permission from the Council to have the artist, Osso, who had originally created the painting which hangs on the wall behind the Council platform paint an overlay to change the brown tones to blues and grays, and to change the brown frames of the other drawings to more appropriate colors to blend with the colors now used in the Council chambers. Mrs. Campbell also requested and received permission from the Council to donate a 4'x 6' historically correct picture that had been delegated to a hallway in the Municipal Annex Complex to the Loxahatchee Historical Museum. Mrs. Campbell responded favorably to Mayor Mackail's request that she look into some sort of rotating art exhibit for the Municipal Council Chambers. Village Council ',.- Special Meeting Minutes July 28, 1994 Page 16 ------------------------------- XIV. ADJOURNMENT Councilmember Collings moved that the meeting be adjourned. Councilmember Capretta seconded the motion. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Earl L. Collings - for Joseph N. Capretta - for The motion was therefore passed and adopted and the meeting was adjourned at 9:26 P.K. Respectfully submitted, Betty Laur Recording Secretary ATTEST: ann Mangani to Village Clerk DATE APPROVED: ,30. /95'sL -~