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HomeMy WebLinkAboutMinutes_Regular_05/11/1995VILLAGE OF TEQUESTA Post Office Box 3273 357 Tequesta Drive Tequesta, Florida 33469-0273 (407) 575-6200 Fax: (407) 575-6203 VILLAGE OF TEQUESTA VILLAGE COUNCIL MEETING MINUTES MAY 11, 1995 I. CALL TO ORDER AND ROLL CALL The Tequesta Village Council held a regular meeting at the Village Hall, 357 Tequesta Drive, Tequesta, Florida, on Thursday, May 11, 1995. The .meeting was called to order at 7:00 P.M. by Mayor Ron T. Mackail. A roll call was taken by Betty Laur, Recording Secretary. Councilmembers present were: Mayor Ron T. Mackail, Vice Mayor William E. Burckart, Elizabeth A. Schauer, Carl C. Hansen, and Joseph N. Capretta. Also in attendance were: Village Manager Thomas G. Bradford, Village Clerk Joann Manganiello, Village Attorney John C. Randolph, and Department Heads. II. INVOCATION AND PLEDGE OF ALLEGIANCE Vice Mayor William E. Burckart gave the Invocation and led those in attendance in the Pledge of Allegiance to the American Flag. III. APPROVAL OF AGENDA Councilmember Schauer requested Item 5A, Community Appearance Board meeting minutes of 3/29/95, and Item 5E, Village Manager's Report, be pulled from the Consent Agenda; and the addition under Any Other Matters of Jupiter High School Master Plan and Chamber Government and Business Mini-Summit. on May 23, 1995. Councilmember Capretta requested the addition of two items for discussion under Any Other Matters. Village Manager Bradford requested the addition of four items under Any Other Matters: (1) Anti Drug Abuse Act Grant funds, (2) Project Graduation donation, Kecyded Po~~er Village Council Meeting Minutes May 11, 1995 Page 2 ------------------------------- (3) Rebuilding Turtle Creek Golf Course, and (4) Ordinance 377. Vice Mayor Burckart moved that the Agenda be approved as amended. Councilmember Hansen seconded the motion. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for The motion was therefore passed and adopted and the Agenda was therefore approved as amended. IV. CONSENT AGENDA All items listed with an asterisk (*) are considered to be routine and will be enacted by one motion. There will be no separate discussion of these items unless a Village Councilmember so requests, in which event, the item will be removed from the Consent Agenda of Business and considered in its normal sequence on the Agenda. The following items were listed on the amended Consent Agenda: V. APPROVAL OF MINU'PES AND REPORTS *B) Village Council Meeting; April 13, 1995 *C) Village Council Workshop Meeting; March 29, 1995 *DJ Tree Board Meeting; February 8, 1995 VII. COMMIZTES REPORTS *A) Palm Beach Countywide Beaches and Shores Council 1) Consideration of Appointment of Helen Ferro as Tequesta's Alternate Member to the Palm Beach Countywide Beaches and Shores Council for a Term Earpiring on Village Council Meeting Minutes May 11, 1995 Page 3 ------------------------------- April I, 1996. (Staff Recommends Approval) VIII. NEW BUSINESS *D) Consideration of Lighthouse Gallery, Inc. requests from the Village of Tequesta Relative to the Proposed 32nd Annual Arts and Crafts Festival November I8 and 19, 1995. (Staff Recommends Approval) *F) Consideration of Professional Services Proposal from Gee & Jenson of West Palm Beach, Florida in the amount of $34,500 to Provide Interim Plan for Code Compliance for Village Facilities and a Master Plan for Village Facilities Having a FY 1995 Capital Improvement Fund Budget Allocation of $19,000 and an FY 1995 Water Enterprise Fund Retained Earnings Account Budget Allocation of $19,000. (Staff Recommends Approval) Motion was made by Vice Mayor Burckart to approve the Consent Agenda as amended with Item V (A) and Item 5 ( E ) deleted. The motion was seconded by Boardmember Schauer. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for The motion was therefore passed and adopted and the Consent Agenda was approved as amended. Councilmember Schauer referred to Item V (A), Community Appearance Board; March 29, 1995, and questioned whether the Unfinished Business item regarding recognition far Steve Parker's contributions to the Village had taken place. Village Manager Bradford explained that Mr. Parker had been honored at the Arbor Day ceremony. Councilmember Schauer referred to Item V (E), the Village Manager's Report of April 10-May 5, 1995., Staff Meeting of April 11, 1995 and requested further detail of item 3, `Police and Fire Chiefs Village Council Meeting Minutes May 11, 1995 Page 4 were requested to review their periodical materials for information on building fund raiser activities'. Village Manager Bradford responded that in the event new facilities were determined to be needed for Police and Fire, ways needed to augment the revenue in order to undertake renovations, such as seeking donations from the community or holding special events specifically for the building fund; therefore, the Village Manager had requested that the Chiefs scour periodicals which they receive from various organizations for examples of fund raisers which had been done by other communities. Motion was made by Councilmember Hansen to approve Consent Agenda Items V (A) and Item 5 (E). The motion was seconded by Vice Mayor Burckart. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for The motion was therefore passed and adopted. VI. COMMITTEE REPORTS A) Finance and Administration Committee; April 10, 1995. Village Manager Bradford reported that the Finance and Administration Committee had held their first meeting since the reorganization, with Councilman Capretta as Chairman and Mayor Mackail as Co-Chairman. The meeting was primarily called to discuss a response to a letter from the Town of Jupiter requesting Tequesta's long range contractual plans for water service. The Committee had reviewed the need to move forward with a reverse osmosis facility, the fact that permitting for the facility and for brackish water discharge were underway, that communications needed to move forward with communities to the north regarding joint ventures on a larger reverse osmosis facility, and strategies in working with Jupiter to possibly arrive at ways to get off their system sooner than the 2007 contract expiration date. The Committee recommended the language for a response letter to Village Council Meeting Minutes May 11, 1995 Page 5 ------------------------------- Jupiter which was subsequently approved by the Village Council at their April 13, 1995 meeting, and requested from staff a productivity factors report on current surficial wells production. Also requested was a decision tree for monitoring and posting of critical points or decisions that must be made in finalizing the permitting and design for the reverse osmosis facility in order to measure work performance. Motion was made by Vice Mayor Burckart to approve Item VI (A), the Finance and Administration Committee Report of April 10, 1995. Motion was seconded by Councilmember Schauer. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for The motion was therefore passed and adopted. VII. APPOINTMENTS 2) Consideration of Village Council Indiantown Road and Bridge Task Force Appointment. Village Manager Bradford reported that Jupiter had been instrumental in pressuring the Florida Department of Transportation to expedite the widening of Indiantown Road and had had preliminary meetings to consider design options for the Indiantown Road Bridge, which continued to create a traffic bottleneck in the community. Since terms for appointees to the task force sunset each year, Tequesta had been requested to provide an appointee for the coming year, and Councilmember Schauer had expressed her willingness to serve. Motion was made by Councilmember Hansen to appoint Councilmember Elizabeth A. Schauer as the Indiantown Road and Bridge Task Force appointee. Motion was seconded by Vice Mayor Burckart. The vote on the motion was: Village Council Meeting Minutes May 11, 1995 Page 6 Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for The motion was therefore passed and adopted. VIII. NEW BUSINESS A) Consideration of Matters Associated with the Proposed Country Club Drive Task Force. 1) Resolution No. 21-94/95 Creating the Country Club Drive Task Force. (Staff Recommends Approval) Mayor Mackail discussed the task force, and stated that it should be made up of both business and residential representatives who would study and evaluate solutions to present and future traffic problems. Mayor Mackail requested that the Village Council charge the task force with the following recommendations: 1. To evaluate the immediate area infrastructure requirements to limit traffic impact on Tequesta due to surrounding major developments in Section 28, Section 33, Abacoa, and any other South Martin County or North Palm Beach County areas so that the Village could create a plan to minimize the impact within the community. 2. Review and explore all options available and exercise the feasibility of the same in addressing the following areas: County Line Road, Connector Road, Long Shore Drive, Loxahatchee River Drive, existing north-south corridors, possible new north-south corridors, existing east- west corridors, feasibility of a possible new east-west corridor. Village Council Meeting Minutes May li, 1995 Page 7 (3) To review any alternative options to slow and reduce traffic flow through the Village of Tequesta. (4) To determine the feasibility of closing Country Club Drive utilizing the Safe Neighborhood Act. Mayor Mackail stated that the task force must have access to all relative information regarding development traffic reports and engineering studies; and should arrive at an objective idea from their studies and from participation by members of the community. Mayor Mackail stated he had conversed with Commissioner Gettig of Martin County regarding their recently created task force and reported her willingness to cooperate. Councilmember Schauer commented that she had been invited to the first meeting of Martin County's task force where everyone had been quite receptive, and the majority did not want Section 28 development. Since the Martin County task force had requested that Tequesta look into their truck ordinance for Country Club Drive, Councilmember Schauer requested that item be added to the agenda for the Tequesta task force for them to review and make recommendations to the Village Council. Councilmember Schauer reported that Commissioner Gettig planned to contact Palm Beach County Commissioner Marcus and also the Mayor of Jupiter to see if they would also set up task forces. Councilmember Hansen requested that the task force develop statistical data regarding such items as the amount of traffic from Martin County and the decline in property values over a specific period which could be obtained from realtors. Councilmember Hansen also suggested that the task force make Country Club Drive residents fully aware of Tequesta's truck ordinance. Councilman Capretta stressed that the task force must understand that the problem was Village Council Meeting Minutes May il, 1995 Page 8 growth of South Martin County with limited roads for traffic and when growth was maximized how the traffic could be spread so that no one road was used more than others. Councilman Capretta commented that alternatives would need to be developed to minimize traffic impact on roads and arrive at solutions that could be shared with surrounding municipalities. Councilman Capretta favored a joint task force rather than individual task forces which would have problems coordinating their solutions. Councilman Capretta requested from Village Manager Bradford traffic statistics on Island Way since the bridge had been closed for 3-4 months, to determine how many cars had been coming over the bridge, and stated that the task force should have that data; and suggested that a traffic engineer should study the problem to arrive at possible solutions. Village Manager Bradford advised that the resolution should be reviewed to assure that it covered everything desired by the Village Council. After discussion, consensus of the Village Council was to amend Section 3 by changing the last line to read "for addressing traffic concerns within the Village including an analysis of statistics, property values, truck ordinance, north-south and east-west corridors and not limiting traffic analysis to Country Club Drive only" Also, Section 5 would be amended to include Palm Beach County and Jupiter as well as Martin County, which would allow joint meetings. Village Attorney Randolph advised that he believed the task forces would have to operate under the Sunshine Law and had no suggestions as to how Commissioner Gettig planned to operate the Martin County task force outside that law. Village Manager Bradford advised that the sunset date for the task force should be changed to October 13, 1995 if additional appointments would be made at the June Council meeting. Village Manager Bradford responded to Councilmember Schauer that the Village Village Council Meeting Minutes May 11, 1995 Page 9 Council would receive minutes of the meetings of the task force after they had been approved. Village Council discussed the initial appointees to the task force. Vice Mayor Burckart recommended appointment of as many people as possible even if the task force consisted of 10 to 15 people. Councilmember Hansen suggested a minimum of six. Village Attorney Randolph read Resolution 21- 94/95 by title only. Motion was made by Vice Mayor Burckart to approve Resolution 21-94/95 as amended. Motion was seconded by Councilmember Schauer. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for The motion was therefore passed and adopted. E. Lawrence Tabat, 144 Country Club Drive, questioned whether the legal opinion requested by Councilman Capretta regarding closing Country Club Drive had been received. Village Attorney Randolph explained that he must receive a request from the Council, not just from a single member. Mr. Tabat questioned why the Council had not acted upon the report by Attorney Biagiotti which concluded that Country Club Drive could be closed in accordance with the Safe Neighborhood Act. Mayor Mackail explained that the requirements of the Safe Neighborhood Act might not be desirable to the citizens, for example, an increased millage rate; and that there was too much confusion, so that the task force needed to work in conjunction with the Village to clearly define the outcome and promote clear understanding of all opportunities available. Mr. Tabat commented that all the information had been presented in the Jupiter Courier and he did not believe the task force was necessary to get the job done. Village Council Meeting Minutes May 11, 1995 Page 10 William Tracey, 215 Country Club Drive, hoped the task force could bring the Country Club Drive issue to an end. Mr. Treacy reported a meeting held between some Country Club Drive residents and Commissioner Gettig, at her request, where every suggestion made by the residents was rejected and Commissioner Gettig had no suggestions to make, except to remark that nothing would happen until Country Club Drive was closed and then they would have to get together to work something out, which led Mr. Treacy to conclude that Martin County would do nothing to relieve the Country Club Drive traffic until they were forced to do so. Mr. Treacy wondered whether Councilmember Capretta was aware of how the value of the homes on Country Club Drive and Tequesta Drive had declined, the long wait to pull out of driveways because of the traffic, and that when Section 28 was developed the only exit road would be Island Way to Country Club Drive. Mr. Treacy expressed concern that the standards of the Village would be lowered by this situation, and his belief that Martin County would not cooperate. Mr. Tabat reported that his property had been appraised and that the appraiser refused to do another one now because the value had dropped so drastically. Motion was made by Councilmember Schauer to appoint Bill Treacy, Joan Marshal, Gary Collins, Mac Goodner and Bili Clifton to the Country Club Drive Task Force. Motion was seconded by Councilmember Hansen. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for The motion was therefore passed and adopted. B) Resolution No. 22-94/95 Declaring Acquisition of Land for a Well Site and water Utility Lines to be a Public Necessity; Authorizing the Employment of Necessary Experts; and Authorizing the Filing of Eminent Domain Village Council Meeting Minutes May 11, 1995 Page it Proceedings. (Staff Recommends Approval) Village Attorney Randolph read Resolution No. 22-94/95 by title only. Motion was made by Councilmember Hansen to approve Resolution No. 22-94/95. Motion was seconded by Vice Mayor Burckart. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for The motion was therefore passed and adopted. C. Consideration of Village Manager Report Relative to Subject of Commercialization and the Loxahatchee River. Village Manager Bradford advised the Village Council that he had included a copy of Palm Beach County's draft ordinance prohibiting commercial activities on the Loxahatchee River in their packets, as well as information from the Town of Jupiter indicating their Town Council actions to date on this matter and a copy of the record of the Loxahatchee Council of Government's action at their March 29, 1995 meeting. Village Manager Bradford reported he had never had a single complaint concerning commercial activities on the river, however, explained that such activities could be construed as a foot in the door and could possibly be a prelude to greater commercial activities on the river in the future, and such activities were not necessarily compatible with the residential land uses of the property along the river. Village Manager Bradford explained that since Tequesta's land adjacent to the river was zoned residential that commercial activity would be incompatible and possibly illegal, and therefore urged the Village Council to adopt an ordinance similar to that of Palm Beach County. Councilmember Schauer questioned whether alcoholic beverages were being sold on the river, what Jupiter had done in regard to this matter, and whether the Village Council Meeting Minutes May 11, 1995 Page 12 Village needed to be concerned with lawsuits in this matter. Village Manager Bradford responded that "beverages" was all-inclusive, that Jupiter had evidently passed a motion to clarify the location where commercialization was allowed, and that lawsuits could be filed far just about anything. Councilmember Hansen reported he had attended the March 29 meeting at Jupiter Town Hall where a motion was passed to conceptually oppose commercialization of the Loxahatchee River, and other municipalities were asked to also oppose the concept. Mayor Mackail questioned whether the process was followed properly in this instance, and reported that the Palm Beach County Municipal League would not endorse county-wide opposition, but left it up to each municipality to decide. Mayor Mackail stated he had no problem directing the Village Manager to proceed, however, he wished to learn the facts of why and how the situation got to its present state. E) Consideration of Engineering Proposal from Reese, Macon and Associates, Inc. of Lake Worth, Florida in the Amount of $8,500 to design Controls and Fiping for Probes within Filter Vessels Having an FY 1995 Water Enterprise Fund Budget Allocation of $35,000. (Staff Recommends Approval. Village Manager Bradford explained that a new probe system to automate the backwash function needed to be instituted prior to painting the steel filters and piping, and requested approval of a proposal from Reese, Macon and Associates. Vice Mayor Burckart commented that bids from Reese, Macon and Associates were far below budgeted dollars, while those from Gee and Jenson were always right at or exceeding the budget allocation and suggested that other engineers look at some of the Village's work. Motion was made by Vice Mayor Burckart to approve the engineering proposal from Reese, Macon and Associates, Inc. in the amount of $8,500. Motion was seconded by Councilmember Schauer. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Village Council Meeting Minutes May li, 1995 Page 13 ------------------------------- Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for The motion was therefore passed and adopted. G. Establishment of Village Council Priorities for Ensuing Year. Village Manager Bradford explained the process for establishing priorities, and read aloud the top priorities established for the coming year in order of priority, along with the rating for each: 4.4 Develop and implement a long-term strategy for the Water Department relative to the proposed reverse osmosis treatment facility. 4.2 Create a plan or process for enabling residents of Country Club Drive, South Martin County residents, and local business people to come to a consensus about what is needed to address the concern about traffic on Country Club Drive and other Tequesta streets. 4.2 Finalize development of Constitution Park and associated lawsuit. 4.2 Avoid property tax increase by reviewing all non-ad valorem revenues. Reduce overhead where applicable. Implement five year planning regarding future taxes. 4.0 Continue to work aggressively to facilitate new development within the Tequesta central business district, along with Village of Tequesta Needs Assessment. Mayor Mackail suggested a pert chart or monthly report to keep the Council informed of progress on the priorities. Councilman Capretta suggested focusing on things the Council had control over. Motion was made by Councilmember Hansen to approve the priorities in conjunction with a periodic report in regard Village Council Meeting Minutes May 11, 1995 Page 14 to the five priorities listed by Council. Motion was seconded by Councilmember Schauer. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for The motion was therefore passed and adopted. VI. ANY OTHER MATTERS Councilmember Schauer reported that several years ago, a master plan for Jupiter High School had been developed at a cost of $58,000 to the taxpayers, and that the Palm Beach County School Board was going out for bids for construction plans on Jupiter High School. Councilmember Schauer requested that Village Manager Bradford, with Council's approval, write a letter to each School Board member to ask what would happen after the architectural selection for the master plan was made, since Jupiter High School was not currently on the priority list, and request assurance from the School Board regarding their plans for implementation of the master plan for Jupiter High School. Mayor Mackail suggested in conjunction with the letter that communication also be made to a committee headed by Tom Morris which evaluated construction needs. Vice Mayor Burckart suggested a copy of the letter also be sent to Jupiter Town Council. Councilmember Schauer verified that other members of the Council would be attending the Chamber of Commerce Mini Summit meeting. Councilmember Capretta requested that the Council direct Village Manager Bradford to report quarterly or semiannually regarding traffic on Country Club Drive, using statistical data (to be kept current), separating trucks from cars in order to determine the effectiveness of the truck ordinance, determining the effectiveness of speed limits, and monitoring the impact of the Island Way bridge being closed. Motion was made by Councilmember Capretta that Village Village Council Meeting Minutes May 11, 1995 Page 15 ----------------------------- Attorney Randolph provide a legal opinion to the Village Council regarding closing Country Club Drive in conjunction with the Safe Neighborhood Act. Motion was seconded by Councilmember Schauer. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for The motion was therefore passed and adopted. Councilmember Capretta requested the legal opinion by the next Council meeting. Councilmember Capretta discussed cultural facilities for BRITT and Lighthouse Gallery on land which might be purchased for that purpose by the Village. Village Manager Bradford stated he was working toward the June 1 deadline for the Lighthouse Gallery commitment, and stated that an extension might be necessary. Councilman Capretta expressed concern over the recent upheaval in management. Village Manager Bradford cautioned that traffic engineers were very expensive and suggested placing disks in traffic lanes to record data for Country Club Drive as requested by Councilmember Capretta. Mayor Mackail requested that the Village Manager look into the disks. Village Manager Bradford requested approval for allocation of Anti Drug Abuse Act Grant funds to two county-wide projects, multi-agency narcotics unit task force and the County juvenile assessment center. Motion was made by Vice Mayor Burckart to approve the allocation of funds as detailed above. Motion was seconded by Councilmember Schauer. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for Village Council Meeting Minutes May 11, 1995 Page 16 ------------------------------- The motion was therefore passed and adopted. Village Manager Bradford reported that Jupiter High school Project Graduation had requested a $500 donation to apply towards their $5,000 deficit for this year. Councilmember Schauer explained that the usual sponsors had contributed to the band trip to Europe so that no funds were available for Project Graduation. Councilmember Schauer recommended that Tequesta make a donation larger than the $500 requested, and explained the concept of Project Graduation. Motion was made by Councilmember Hansen to approve the request for a $500 donation to Jupiter High School Project Graduation. Motion was seconded by Councilmember Capretta. The vote on the motion was: Ron T. Mackail - for William B. Burckart - for Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for The motion was therefore passed and adopted. Motion was made by Vice Mayor Burckart to approve a second donation to Jupiter High School Project Graduation in the amount of $500.00. Motion was seconded by Councilmember Schauer. The vote on the motion was: Ron T. Mackail - for William B. Burckart - for Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for The motion was therefore passed and adopted. Village Manager Bradford discussed the truck ordinance in connection with delivery of sand and fill to Turtle Creek Golf Course, and Martin County permitting. Sixty deliveries/removals of sand and fill were scheduled for Turtle Creek, however, because the trucks exceeded the weight limit for the bridge near Heritage Oaks and the satellite tracking station, that route could not be used, and the only remaining route might be through Tequesta. Village Council Meeting Minutes May 11, 1995 Page 17 Turtle Creek had requested permission to come through Tequesta, which the Village Manager did not grant. After discussion, the consensus of the Village Council was that smaller trucks should be used so that the weight limit for the bridge near Heritage Oaks would not be exceeded. Village Manager Bradford discussed Ordinance 377, adopted five years and one month ago, which included new landscaping requirements for every commercial and multi-family property in Tequesta and gave everyone five years to comply. The 5- year period ended March 8, 1995, and approximately 90 properties had not yet complied. Village Manager Bradford stated he wanted the Council to be aware that a number of property owners would probably approach the Village Council to try to overturn Ordinance 377 since they did not want to spend the money to upgrade their landscaping to the new standards. The Village Manager reported that he would be meeting with Village Attorney Randolph and Building Official Scott D. Ladd to draft a standardized, written interpretation of the ordinance in order to be consistent in telling everyone what was required in order to comply. Councilmember Capretta questioned what would be done if someone did not comply. Village Attorney Randolph recommended Code Enforcement. Mr. Bradford recommended that the written interpretation be given, that the deadline continue to be stressed, and for those who did not comply that the Village be divided into sectors for enforcement. Councilmember Capretta discussed the shopping center owned by Mr. Felhaber and the fact that he had not yet complied. Mayor Mackail questioned whether the Village could pass an ordinance to make that shopping center appear active. Mayor Mackail requested that Palm Beach County be asked to enforce their codes on properties adjacent to Tequesta properties and/or Tequesta roads, and if they would not provide enforcement then the Village should enter into an agreement with the county allowing Tequesta to provide enforcement; and stated that Tequesta must take action to preserve the integrity and quality of the Village. Councilmember Capretta suggested that the Code Enforcement Officer should visit Mr. Felhaber since the date for compliance had passed. Village Manager Bradford advised that in four days a letter would go out to those who had not complied with Ordinance 377 which would state if they did not respond within ten working days with plans to be reviewed, that they would be contacted by the Code Enforcement Officer. Village Manager Village Council Meeting Minutes May 11, 1995 Page 18 Bradford expressed concern regarding whether the Code Enforcement Board would be able to withstand the onslaught of so many cases. Mayor Mackail suggested that could be solved by abolishing the Code Enforcement Board and allowing the Council to handle the cases. Village Attorney Randolph advised that would not be possible because the Council did not have the same authority as the Code Enforcement Board, but could use a Special Master. Councilmember Capretta suggested other activities be withheld to gain compliance by not issuing permits. Further discussion included possible abolishment of the Community Appearance Board and the Board of Adjustment, providing the Councilmembers with a list of the 93 people who had not complied, and that the Code Enforcement Board could be informed that they might be faced with numerous cases. Councilmember Schauer requested that all Council actions regarding Ordinance 377 since its inception be provided to the Council by the Village Attorney. Village Manager Bradford explained that every development that had been approved since Ordinance 377 was adopted was supposed to have complied with the Ordinance. Some property owners had voluntarily presented plans to the Village and had come into compliance before the deadline. Others had made changes as best they believed they could, and sought a waiver of specific aspects, which he estimated 3-4 had been granted by the Council. Village Manager Bradford advised the Council that a way of establishing priority for enforcement would be established. VII. COMMUNICATIONS FROM CITIZENS Charles Schaumburg, 331 Tequesta Drive, reported that he was a resident of Blair House West Condominium whose residents took pride in the appearance of their property. Mr. Schaumburg stated that Ordinance 377 had never been brought up by their Board until the past Monday, and questioned who would determine-the extent of the beautification. Village Attorney Randolph advised Mr. Schaumburg that there was information in the Ordinance which stated the percentages of landscaping required, and directed him to contact Building Official Scott D. Ladd for help in complying with Ordinance 377. XV. ADJOURNMENT Councilmember Hansen moved that the meeting be adjourned. Village Council Meeting Minutes May 11, 1995 Page 19 Councilmember Schauer seconded the motion. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for the motion was therefore passed and adopted and the meeting was adjourned at 9:19 P.M. .- ATTEST: oann Manga ello Village Clerk Respectfully submitted, Betty Laur Recording Secretary DATE APPROVED: