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HomeMy WebLinkAboutMinutes_Regular_07/14/1994VILLAGE 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 MEETING MINUTES JULY 14, 1994 I. CALL TO ORDER AND ROLL CALL The Tequesta Village Council held a regularly scheduled meeting at the Village Hall, 357 Tequesta Drive, Tequesta, Florida, on Thursday, July 14, 1994. The meeting was called to order at 7:00 P.M. by Mayor Ron T. Mackail. A roll call was taken by Joann Manganiello, Village Clerk. Council members present were: Mayor Ron T. Mackail, Elizabeth A. Schauer, and Earl L. Collings. Joseph N. Capretta and Vice Mayor William E. Burckart were absent from the meeting. Also in attendance were: Village Manager Thomas G. Bradford, Village Clerk Joann Manganiello, Department Heads, and Village Attorney John C. Randolph. II. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Earl L. Collings 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 following changes in the agenda: To pull from the Consent Agenda Item A - Board of Adjustment Meeting, May 16, 1994, and under ANY OTHER MATTERS add (1) the letter received by Mayor Mackail from Senator Friedman from the city of Tampa regarding casino gambling and (2) Village Manager Bradford's memo in regard to North County Ambulance. Councilmember Collings requested items C, I, L, and M be pulled from the Consent Agenda for discussion. Mayor Mackail requested Item B, Code Enforcement Board meeting, April 12, 1994, be pulled from the Consent Agenda for discussion. Councilmember Collings moved that the Agenda be approved with changes and additions as noted. Councilmember Schauer seconded the motion. The vote on the motion was: ~.. ~,,. Ron T. Mackail - for Ranirlail Pnnor Village Council ~~,.= Meeting Minutes July 14, 1994 Page 2 ------------------------------- Elizabeth A. Schauer Earl L. Collings for 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; May 16, 1994; B) Code Enforcement Board; April 12, 1994; C) Community Appearance Board; April 20, 1994; *D) Community Appearance Board; April 27, 1994; *E) Community Appearance Board; June 8, 1994; *F) Equity Study Commission; April 29 , 1994; *G) Equity Study Commission; June 2, 1994; *H) Special Village Council Meeting; May 31, 1994; I) Village Council Meeting; June 9, 1994; *J) Special Village Council Meeting; June 16, 1994; *K) Special Village Council Meeting; June 23, 1994; L) Village Council Workshop Meeting; June 29, 1994; M) Village Council Workshop Meeting; June 30, 1994; *N) Village Manager's Report - June 6 - July 8, 1994. Mayor Mackail read Consent Agenda items to be approved: Item V: D, E, F, G, H, J, K, N, and Item VII: D. Councilmember Collings moved that the Consent Agenda be approved as read by Mayor Mackail. Councilmember Schauer seconded the motion. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer - for Earl L. Collings - for The motion was therefore passed and adopted and the Consent Agenda was approved as read. • Councilmember Schauer requested a correction of Consent Agenda Item A, Board of Adjustment Meeting Minutes of May 16, 1994, which stated on page 2, last paragraph, that Boardmember Schauer seconded the Village Council Meeting Minutes July 14, 1994 Page 3 ------------------------------- motion, however, Boardmember Schauer did not attend the meeting. • Mayor Mackail requested discussion of Item B, Code Enforcement Board Meeting of April 12, 1994, regarding Mr. Laduca whose fines total $85,500, and Mrs. Walters whose fines total $122,250. Building Official Scott D. Ladd reported liens had been filed in both cases, and after 90 days the Code Enforcement Board would recommend foreclosure to the Village Council. Building Official Ladd explained that since the Laduca property was homestead property it could not be foreclosed, only personal assets could be foreclosed, and the Walters property was not homestead, therefore foreclosure could be accomplished. Mayor Mackail questioned the possibility of full recovery of the Laduca fine, since personal assets would probably not cover the total amount. Village Attorney Randolph stated that the Village was guided completely by state statute in Code Enforcement Board proceedings and it was very difficult to obtain a remedy in a case where only personal assets were available. The fines had reached the point where the amounts were not really relevant; the relevant matter was whether the Village could bring the property into compliance. The state has attempted to give municipalities a remedy by (1) allowing a daily fine and (2) allowing foreclosure; if those did not produce the desired result the only other recourse would be to try to obtain a remedy through a Court of law for abatement of a nuisance or condemnation of the property if it were in a state of disrepair. The stance that the Village has taken recently of abatement rather than imposing fines has resulted in most situations being resolved. Building Official Scott D. Ladd reported Mr. Laduca had started mowing his lawn; that the Village had taken steps to chemically balance his pool and were monitoring that, and had padlocked the gates leading to the pool so that there was no longer a health or safety hazard. Mayor Mackail stated that when any of these cases becomes a safety hazard that the Village must act and do whatever is necessary to correct the situation. Village Attorney Randolph suggested the Code Enforcement Board establish a procedure to take the least amount of time authorized by state statute to foreclose, and to set a limit on the amount of fines Village Council Meeting Minutes July 14, 1994 Page 4 ------------------------------- that could accumulate before foreclosure was commenced. Village Attorney Randolph stated he would provide the Code Enforcement Board with a time line based upon the state statute to show how fast they could act under the statute. • Councilmember Collings questioned under Consent Agenda Item C why the Village was paying for landscaping FEC property at the corner of Tequesta Drive and Old Dixie, since the Village requires individual property owners to take care of their property; but in this case the Village was paying to beautify property owned by a wealthy railroad. Village Manager Bradford explained the Village could write a letter requesting a FEC contribution but did not believe it would do any good. Councilmember Collings stated he was registering a formal complaint that he did not believe it was right for Tequesta to pay for beautification of commercial property and force individuals to beautify their property. • Consent Agenda Item I, Village Council Meeting minutes of June 9, 1994, contained discussion of possible changes in R-3 Zoning. Councilmember Collings inquired whether this item would be on the agenda at the upcoming Special Village Council Meeting scheduled for July 28. Village Manager Bradford explained that a staff report inventory of existing properties in the R-3 zoning district would be presented at that meeting comparing what was built compared to Tequesta's code and Palm Beach County's zoning code. Councilmember Collings verified that no action would be taken at that meeting since many Beach Road residents were not here during the summer. • Consent Agenda Item L: Councilmember Collings stated that at the Village Council Workshop Meeting of June 29, 1994 he had requested that Water System Manager Hall provide the amount the average household pays for water in other communities. Mr. Hall explained he was waiting for responses from other communities. • Consent Agenda Item M: Councilmember Collings stated that at the Village Council Workshop Meeting of June } 30, 1994, he had asked for the criteria used to judge salary increases for department heads and staff Village Council Meeting Minutes July 14, 1994 Page 5 members. Village Manager Bradford stated he would provide the evaluation form. Councilmember Collings moved that Consent Agenda Items V: A, B, C, I, L, and M be approved. Councilmember Schauer seconded the motion. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer - for Earl L. Collings - for The motion was therefore passed and adopted. VI. DEVELOPMENT MATTERS A) Presentation of Proposed Riviera Beach Convention Center Site by Neil Crilly, Executive Director, Riviera Beach Community Redevelopment Agency. 1) [Motion to Adopt/Reject] Resolution No. 18- 93/94 - Supporting the Selection of a Riviera Beach Site for a Regional Convention Center, Directing the Village Clerk to Forward the Resolution to Appropriate Governmental Officials. (Staff Recommends Approval) Mr. Crilly explained the Palm Beach County Commission had voted to work towards building a Convention Center for Palm Beach County. Location requirements were that the site be approximately 20 minutes from the international airport, that the location be attractive, close to a concentration of hotel rooms and near major transportation routes. The City of Riviera Beach had identified a site which met all of the criteria, and in addition was located on the waterfront, which would be a powerful draw to visitors. Mr. Crilly's graphic presentation included amenities available in Northern Palm Beach County. He told the Council that other sites previously considered were a location across from the Kravis Center, the Belvedere Road dog track site, and the West Palm Beach Auditorium. Mr. Crilly listed disadvantages of all these sites compared to the proposed Riviera Beach 25-acre site. He explained Village Council Meeting Minutes July 14, 1994 Page 6 ------------------ that the Port of Palm Beach would be directly south of the proposed site and that their plans to create an overpass on U. S . Highway One would mean a car going north would drive up an incline and when coming down the other side of the overpass the view would be of the Convention Center. He commented that it was very hard to get County facilities in the North end of the County, and that the farther north the Convention Center was located the greater the possibility of visitors coming to Tequesta to spend dollars, estimated to be a total of $85 million to $225 million per year spent in Northern Palm Beach County. Councilmember Schauer requested the addition of BRITT, Carlin Park, and Jupiter Beach Resort to the amenities listed on the graphic presentation. Mayor Mackail commented the Convention Center would enhance the County as a whole. Councilmember Collings moved to adopt Resolution No. 18- 93/94. Councilmember Schauer seconded the motion. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer - for Earl L. Collings - for The motion was therefore passed and adopted. B) Consideration of Request for Waiver to One Requirement of Village of Tequesta Ordinance No. 377; Landscape Regulations. Church of the Good Shepherd, 400 Seabrook Road. Building Official Scott D. Ladd explained the Church of the Good Shepherd was in the process of upgrading their landscaping and requested a waiver to Section (2)(c)11 of Ordinance 377. This Section requires a minimum four (4') foot wide landscape strip separating their buildings from their parking areas and traffic aisles. The Church has a landscape strip that is from 18" to 24" in width with a walkway on one side and their buildings on the other. It is their desire not to tear up or remove portions of the concrete walkway in order to increase the size of the landscape strip to 48" in width to comply with the code requirement. Village Council Meeting Minutes July 14, 1994 Page 7 Councilmember Schauer moved to waive the requirement under Ordinance 377 , ( 2) (c )11 for the Church of the Good Shepherd . Councilmember Collings seconded the motion. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer - for Earl L. Collings - for The motion was therefore passed and adopted. VII. NEW BUSINESS A) Consideration of Constitution Park Contract Bid Award and Staff Recommendation to Reject all Bids. (Staff Recommends Approval) Village Manger Bradford explained in light of pending litigation on the Village lease with JTJC, and the uncertainty of its outcome and time constraints, staff recommended the Village Council reject all bids for Constitution Park and return the bid bonds to the five bidders immediately. Upon resolution of the lawsuit and assuming the Summary Judgement was rendered in Tequesta's favor, the project could be re-bid. Mayor Mackail questioned whether the parties suing the Village had any basis for the lawsuit, and stated costs incurred should be paid for by the suing parties. village Attorney Randolph stated Summary Judgement had been filed because it was felt the suing parties did not have a good position. He explained that if successful, the Village could recover the cost of the litigation, and could then consider a malicious prosection suit to possibly recover other costs and damages. He explained that if the Judge made the determination that the lawsuit was totally without merit that attorneys' fees could be awarded against the plaintiff. Councilmember Collings questioned whether it would be possible to erase the 60-day bid requirement and ask the bidders to hold in abeyance until the Court decision was made. Village Manager Bradford explained there were also concerns over the bid amounts, but staff had elected to reject the bids because of the pending lawsuit. Councilmember Schauer Village Council Meeting Minutes July 14, 1994 Page 8 --------------- asked what would happen if the Judge did not rule in favor of Tequesta. Village Attorney Randolph stated that the Village would proceed as quickly to trial as possible, and could recoup the cost of the trial if successful in having the Judge award attorneys' fees. Village Manager Bradford questioned if Summary Judgement were in Tequesta's favor if the Plaintiff had the ability to go to trial and was answered by Village Attorney Randolph that the matter would be concluded. In answer to Councilmember Collings, Village Manager Bradford stated the same bid documents would be used to re-bid, but would be restructured somewhat to incorporate new data and to give the Village more alternate bid options. Councilmember Schauer moved to reject all bids for the Constitution Park project. Councilmember Collings seconded the motion. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer - for Earl L. Collings - for The motion was therefore passed and adopted. B) Consideration of Response to Loxahatchee River District Request for Involvement in Septic Tank Study. (Staff Recommends Approval) Village Manager Bradford commented that at their June meeting, Village Council had requested he send a reply to the ENCON Board's letter requesting Tequesta participate in their septic tank study, stating that due to litigation Tequesta would be unable to respond but upon conclusion of the litigation Tequesta would take this matter under advisement. Since that time the ENCON Board had voted to amend their permit with the State to delete the low-pressure systems within the Village of Tequesta. The ENCON Board Chairman stated he believed there was no longer any basis for litigation by Tequesta and that ENCON's actions would be sufficient to allow Tequesta to participate in the study. Village Manager Bradford explained that after receipt of an Order of Dismissal, he believed Tequesta should respond to ENCON that the Village would participate along the lines of the draft letter he had Village Council Meeting Minutes July 14, 1994 Page 9 ------------------------------- prepared setting forth certain conditions under which Tequesta would participate. These conditions were: to clarify the meaning of sponsoring and endorsing the study; to clarify ENCON's 100% funding of specification for the study and 100 funding for the study itself; formalize the communications between Village Council and ENCON in April, 1994, which stated Tequesta's manner of participation would be to actively involve the citizens from the neighborhoods affected; also, in the event the study demonstrates conclusively that a substantial negative impact to the Loxahatchee River is directly caused by septic tanks located solely in Tequesta and those problems cannot be corrected, then in keeping with ENCON's previous public commitments in this regard a gravity sewer system would be installed and funded by ENCON and would be the agreed-upon solution to the problem if a gravity sewer system is their recommendation. Tequesta would still like ENCON to provide copies of any documentation in their possession to support their allegation that the river does not meet State standards. Mayor Mackail recommended the letter state "installed and funded 100 by ENCON in their capacity," so that citizens would not have to pay any costs that were not amortized. Village Manager Bradford voiced concern over Mr. Collings' comment that the letter implied Tequesta would go along with a gravity sewer system. After suggestions by Councilmember Collings and Mayor Mackail it was agreed that Village Manager Bradford would reword the letter to simplify it and make reference to the fact that alternatives other than low pressure will be explored. Alfred DeMott, 189 Golfview Drive, reported that at the last ENCON meeting he attended their Board had moved that a study be funded entirely by ENCON. As a District Three Candidate, Mr. DeMott recommended the Village Council consider having members of the Village serve with the ENCON people. Mayor Mackail read a portion of the proposed letter to ENCON that requested citizen participation be active and meaningful. Councilmember Schauer moved that Village Manager Bradford reword the letter to ENCON as directed by Mayor Mackail. Councilmember Collings seconded the motion. The vote on the motion was: Village Council Meeting Minutes July 14, 1994 Page l0 Ron T. Mackail - for Elizabeth A. Schauer - for Earl L. Collings - for The motion was therefore passed and adopted. C) Consideration of Village Council Response to Public Service Commission Request For Intentions Relative to Establishment of Hardship Criteria for Mandatory Hook- up to Investor-Owned Sewerage Systems. (Staff Recommends Approval) Village Manager Bradford explained that since Tequesta has a franchise agreement with ENCON, a special district of the State of Florida with purview over all sewer issues in this region including Tequesta, it is highly unlikely there will ever be any investor-owned utilities in Tequesta. However, in order to establish continuity, Village Manager Bradford suggested in the event that an investor-owned utility were located in Tequesta, that the Village should use the same hardship criteria that ENCON used and would find out what that criteria was before sending a reply to ENCON. Councilmember Schauer moved to approve Item VII (C) by authorizing Village Manager Bradford to respond to ENCON as directed by Village Council. Councilmember Collings seconded the motion. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer - for Earl L. Collings - for The motion was therefore passed and adopted. *D) Consideration of Authorization for Mayor Ron T. Mackail to Execute Acknowledgement of Receipt of $8,800.98 of Revenue Received by the Village of Tequesta from the State of Florida Premium Tax for the Firefighter's Pension Fund. (Staff Recommends Approval) Item D was approved under V. Consent Agenda. E) Ordinance - First Reading - Amending Chapter 17 of the Village Council ~,.~.• Meeting Minutes July 14, 1994 Page 11 Code of Ordinances, Taxes, at Section 17-16, Increasing the Utility Services Tax from 8$ to 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-referenced Ordinance by title only. Mayor Mackail responded to Councilmember Collings that the Village millage rate would increase approximately 3o due to the new bond, but by increasing the utility tax by 1~ there would be an increase of only 2%, for which the Village would receive two parks. Village Manager Bradford explained that with timing requirements, Tequesta would not receive any revenue from the increased utility tax until October 1. Councilmember Schauer moved to approve on first reading the Amendment to Chapter 17 of the Code of Ordinances, Taxes, at Section 17-16 as submitted. Councilmember Collings seconded the motion. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer - for Earl L. Collings - for The motion was therefore passed and adopted. It was the consensus of the Council to consider Item F, Item G, and Item H for adoption in one motion. F) Adoption of the Proposed Millage Rate (6.1280) Necessary to Provide the Ad Valorem Taxes Required to Balance the Tentative Fiscal Year 1995 General Fund Budget. (Staff Recommends Approval) G) Adoption of the Computed Rolled-Bank Millage Rate (5.954) to be Provided to the Property Appraiser in Accordance with F.S. 200.065. (Staff Recommends Approval) H) Adoption of the Date, Time and Place of the First and Final Budget Hearings to Consider the Proposed Millage ~.:~ Rate and Tentative Budgets. (Staff Recommends Village Council Meeting Minutes July 14, 1994 Page 12 ---------------------------- Approval) 1) First Public Hearing - September 7, 1994, 7:00 P.M.; at Village Hall, 357 Tequesta Drive, Tequesta, Florida. 2) Final Public Hearing - September 22, 1994, 7:00 P.M.; at Village Hall, 357 Tequesta Drive, Tequesta, Florida. Village Manager Bradford explained the 2.9% increase in millage rate provided no cushion and that a reduction was expected in health insurance premiums so that this increase would be sufficient. To an average Tequesta homeowner with a home valued at $152,200 less $25,000 homestead reduction, this would mean an increase in taxes of $22.46 per year. Village Manager Bradford explained the computed rolled-back millage rate was 5.9541, which was higher than this year's millage rate due to the fact that Tequesta lost money from reduced property values after last year's budget was adopted. Councilmember Schauer moved to approve Item F, Item G and Item H on this meeting's Agenda. Councilmember Collings seconded the motion. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer - for Earl L. Collings - for The motion was therefore passed and adopted. I) Resolution No. 19-93/94 - Calling for the Reconstruction of Jupiter High School and Urging the School Board of Palm Beach County to Accomplish the Reconstruction with the Highest Priority. (Staff Recommends Approval) Mayor Mackail explained that because Jupiter High School had been 57th on the School Board's list for reconstruction, budget funds were unavailable for the project. Councilmember Schauer explained this school had been designated a coastal school by the Palm Beach ~f_ County School Board, which afforded a higher priority for reconstruction, and the Council proposed the above Village Council Meeting Minutes July 14, 1994 Page 13 referenced Resolution to bring this school's urgent need for reconstruction to the attention of the School Board. The coastal school designation would bring Jupiter High School to the same level of construction and equipment as Dwyer High School. Village Attorney Randolph read the above-referenced Resolution by title only. Councilmember Schauer moved to approve the above-referenced Resolution as submitted. Councilmember Collings seconded the motion. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer - for Earl L. Collings - for The motion was therefore passed and adopted. J) Consideration of Bid Award for the Various Segments of the Country Club Drive Improvement Project, a 1994 Bond Issue Project having Designated Proceeds of $172,000. (Staff Recommends Approval) Village Manager Bradford commented the new bond issue would be used to refinance existing debt, provide interest savings, improve Tequesta Park, improve Constitution Park, and improve Country Club Drive. The Country Club Drive improvements included an entranceway at the Martin County line; a new median with signs, landscaping and separation of the lanes to slow traffic; and paving and striping of the remainder of Country Club Drive from the county line to Tequesta Drive. Al Oslund of Gee and Jenson Engineers gave a graphic presentation of the proposed entranceway and median improvements. Village Manager Bradford explained an attempt had been made to piggyback the County contract; however, a lower quote had been obtained from Rosso Paving, who was recommended by Gee and Jenson. Director of Public Works and Recreation Preston reported cost of the sign, lights and landscaping were anticipated to be $16,000. Councilmember Collings reported Bernadette Elsasser had requested information as to whether poles would be available for streetlights on Country Club Drive. Village Manager Bradford stated there was sufficient Village Council Meeting Minutes July 14, 1994 Page 14 room to place streetlights however there was a possibility that easements would be needed. Joan Marshall stated Mrs. Elsasser was concerned with the lack of poles. Dottie Campbell requested clarification on the type of paver blocks to be used in the median area; Mr. Oslund explained stamped concrete would be used which would be cheaper, provide the same results and last longer. Councilmember Schauer moved to approve $27,200 from the 1994 Bond Issue for the various segments of the Country Club Drive Improvement Project. Councilmember Collings seconded the motion. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer - for Earl L. Collings - for The motion was therefore passed and adopted. VIII. UNFINISHED BUSINESS A) Ordinance - Second Reading - Amending Section 11.5 of the Village Code of Ordinances at Section 11.5-21 Relating to the Prohibition of Parking of Vehicles, Boars, Machinery, Etc. on Swales Adjacent to Public Streets within the Village; Providing for Permits, Providing for Exceptions; Providing for Penalty; 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-referenced Ordinance by title only. Village Manager Bradford reported a survey by Police Chief Roderick found 65 homes where vehicles were parked in driveways in the portion of the driveway located in the swale, which would not be allowed under this ordinance. The survey did not include Gallery Square South on Seabrook Road, or Villager Apartments, which used paved swale for parking areas. Village Manager Bradford recommended the Council delay action on this matter to reconsider the proposed blanket approval in favor of Police Chief Roderick's Village Council Meeting Minutes July 14, 1994 Page 15 suggestion of restriction only along thoroughfares, with exceptions for areas where no other provision for parking was available. Chris Strand, 71 Willow Road, commented the ordinance as drafted would present an undue hardship and would tie up the resources of the Police Department, and suggested restricting the parking prohibition to 1 A.M. to 6 A.M., which would eliminate the necessity of homeowners obtaining a parking permit for evening guests, and eliminate the use of swales for permanent parking. He stated he was in favor of Chief Roderick's proposal to limit the ban on swale parking to collector roads, but only within the hours of 1 A.M. to 6 A.M. Mr. Strand requested the language of this ordinance be reconsidered. Mayor Mackail requested a copy of Mr. Strand's comments for the record. Dottie Campbell questioned how the permitting would work since her home was located on the corner of a collector road and another street. Village Manager Bradford stated under the ordinance as drafted on second reading she would have needed to obtain a permit for both streets. Mrs. Campbell also voiced concern as to whether funeral gatherings would require permits. Councilmember Collings moved to table the above referenced ordinance with direction to Village Manager Bradford to rework the ordinance considering the recommendations of Police Chief Roderick and Mr. Strand. Councilmember Schauer seconded the motion. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer - for Earl L. Collings - for The motion was therefore passed and adopted. B) Ordinance - Second Reading - Amending Chapter 9 of the Village Code of Ordinances Relating to Fire Protection and Prevention by Including a New Article III Relating ~, to Hazardous Substances and Hazardous Waste; Providing for Definition; Providing for Authority to Initiate Village Council Meeting Minutes July 14, 1994 Page 16 --------------- Action; Providing for Recovery of Costs of Hazardous Substance and Hazardous Waste Cleanup; Providing for Severability; Providing for Repeals of Ordinances in Conflict; Providing an Effective Date. (Staff Recommends Approval) Village Attorney Randolph read the above-referenced Ordinance on Second Reading by title only. Chief Weinand explained this ordinance would provide the mechanism to recoup costs within the Village boundaries. Councilmember Collings moved to approve the above referenced ordinance on Second Reading. Councilmember Schauer seconded the motion. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer - for Earl L. Collings - for The motion was therefore passed and adopted. ~,- C) Ordinance - Second 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 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 In Cash 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 Council ~- Meeting Minutes July 14, 1994 Page 17 Village Attorney Randolph read the above-referenced Ordinance on Second Reading by title only. Councilmember Collings voiced concern that impact fees would discourage all construction in Tequesta, and inquired whether one developer or one project could be excused from an impact fee. Village Manager Bradford explained an impact fee could be paid in in-kind contributions. Councilman Collings stated his main concern was that too many charges would discourage needed development. Village Manager Bradford stated the Village Council had the ability to allow a developer to pay a certain percentage of impact fees allowed by law. After further discussion, Village Attorney Randolph suggested Second Reading be deferred to the next meeting. Councilmember Collings moved to table the above referenced ordinance to the next Village Council Meeting with direction to Staff to report the total impact fees in all categories. Councilmember Schauer seconded the motion. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer - for Earl L. Collings - for The motion was therefore passed and adopted. Charles O'Conner commented if growth were desired there would be a price to pay for it, and that it appeared present homeowners would pay nothing for growth but the entire cost would be paid by new residents. He stated other communities were giving tax concessions, properties, etc. in order to attract growth, and he believed impact fees would stop growth. D) Ordinance - Second Reading - Amending the Village Code of Ordinances at Chapter 11, Licenses, Amending Section 11-19, Supporting Affidavits Required; Amending Section 11-20, Transferability Fee; Amending Section 11-21, License Not Immunity from Prosecutions of Violation; Deleting Section 11-22 Relating to .~- Master-Servant Relationships; Amending Section i1-25, ,, Unlawful to Engaqe in Trade or Business Without License or with License on False Statements, Village Council Tom:.. Meeting Minutes July 14, 1994 Page 18 ------------------------------- Delinquency Fees; Amending Section i1-26.1, Registration Required; Amending Section i1-27, Enumeration of License Taxes; 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-referenced Ordinance on Second Reading by title only. Building Official Scott D. Ladd explained this ordinance had been revised after first reading to delete increases in fees except in the retail merchant category, and to change the two property maintenance categories back to one. Councilmember Collings moved to approve the above referenced ordinance on second reading as amended. Councilmember Schauer seconded the motion. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer - for Earl L. Collings - for The motion was therefore passed and adopted. X. ANY OTHER MATTERS Councilmember Schauer stated her support of Senator Freidman's position against casino gambling in the State of Florida. It was the consensus of the Village Council to direct Village Manager Bradford to prepare a resolution against casino gambling. Councilmember Schauer voiced concern over what might happen if North County Ambulance went out of business. Village Manager Bradford assured the Council that Tequesta had been working under the assumption that they would need to find other methods of transport as of January 1, 1995, and that in the event North County Ambulance was no longer in business, the Village was prepared with a plan of action. X. COMMUNICATION FROM CITIZENS ~" Village Council Meeting Minutes July 14, 1994 Page 19 Alfred Coyle, addressed the Council regarding the reason for the R-3 Zoning study and questioned when that inventory would be available. Village Manager Bradford stated the inventory would be available the next day after this meeting. Village Attorney Randolph clarified that the study had not been done for one particular building, but was done to make a determination whether any zoning changes were justified for the entire R-3 District. XI. ADJOURNMENT Councilmember Collings moved that the meeting be adjourned. Councilmember Schauer seconded the motion. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer - for Earl L. Collings - for the motion was therefore passed and adopted and the meeting was adjourned at 9:49 P.M. Respectfully submitted, ''' ~ ~ ~ C'~ R(~~ Betty Laur Recording Secretary ATTEST: oann Mangan' llo Village Clerk DATE APPROVED: