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HomeMy WebLinkAboutMinutes_Special Meeting_10/31/2016 MINUTES VILLAGE OF TEQUESTA SPECIAL MEETING OCTOBER 31, 2016 ��� � ,� '- � CALL TO ORDER AND ROLL CALL The meeting was called to order by Mayor Abby Brennan at 6:00 p.m. A roll call was taken by Village Clerk Lori McWilliams. Present were: Mayor Abby Brennan, Vice Mayor Vince Arena, Council Member Frank D'Ambra, Council Member Steve Okun and Council Member Tom Paterno. 1. Applicant Presentation — Request to Designate Property located at 4534 and 4546 County Line Road a"Green Reuse Area" Pursuant to Florida's Brownfields Redevelopment Act Village Attorney Keith Davis summarized that this was regarding the Key Estates site and was the first step in a Brownfield designation which, when completed granted state assistance to clean up contamination at the former Rood Landscape site. Michael Goldstein, Environmental Lawyer for The Goldstein Environmental Law Firm spoke on behalf of the Key Estates developer who sought approval under Florida's Brownfields Redevelopment Act to redevelop the contaminated site into an upscale senior housing community. The process required two formal hearings. If a"Brownfield" designation was granted, Mr. Goldstein explained, clean up was conducted under very strict oversight by the Florida Department of Environmental Protection. Failure to adhere to the program's stringent requirements resulted in ejection from the program. Due to a negative connotation of the term Brownfield Area, the site would be called a Green Reuse Area. The program had existed for 20 years and limited liability to third parties which allowed for accelerated clean up and property development. Prior to the Act, contaminated properties tended to sit, undeveloped. Studies showed an increase in adjacent property values after this program was utilized. The contamination was already there but the program facilitated clean up and use of the land. After a Resolution was transmitted to the state of Florida, The Village bore no responsibility. The Village, to the extent they wished, was welcome to participate in the State required advisory committee which kept the public informed and involved. Some areas of arsenic required excavation and removal which would radically improve groundwater quality in a shorter time than without excavation. A complete map of the horizontal and vertical extent of contamination was required. Encapsulation (e.g. concrete building foundation, asphalt parking lot, hardscaped walkways, two-foot soil cap in landscaped areas) of any remaining contaminated soil was an approved remediation method that provided a barrier and prevented water from percolating through the ground. A recorded deed restriction would require that present and future owners of the property maintained and inspected the integrity of the encapsulation areas forever. Quarterly tests verified that the contamination had not spread and the tests continued until acceptable groundwater reading levels were reached. Safeguards against default were tax credits rescinded, lost liability protection, and the company and its principals pursued by the state. The property owner bore full liability now and in the future. Community Development Director Nilsa Zacarias advised that the site plan review stipulated that no groundwater would be used for irrigation. Over the years, neighbors Minutes — Special Meeting 10/31/16 Page 2 have been made aware of the contamination and would be encouraged to be on the advisory committee. A letter that notified of the cleanup would be sent to nearby residents. 2. SECOND READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 78. ZONING; ATARTICLE VI. SCHEDULE OF DISTRICT REGULATIONS, DIVISION 2. SCHEDULE OF USE REGULATIONS, AT SECTION 78-180, MU MIXED USE DISTRICT, SUBSECTION (I) SPECIAL EXCEPTION USES, NUMBER (16) REHABILITATION FACILITIES, TO INCREASE THE MAXIMUM PERCENTAGE OF ALLOWED TWO BEDROOM DWELLING UNITS FROM 40% TO 45%; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 78. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Village Attorney Davis read Ordinance 11-16 title into the record. Mayor Brennan opened the public hearing to Council for discussion. There was none. Mayor Brennan opened the hearing to the public comment. There were none therefore the hearing was closed. MOTION: Council Member Okun moved approval of Ordinance 11-16; seconded by Vice MayorArena; motion carried 5-0. 3. Council Approval of Phillips and Jordan Hurricane Disaster Debris Removal Contract Council Member Okun left the room at 6:53 p.m. A brief discussion clarified that this item was on the agenda due to a misstatement of the contract amount in a prior Council meeting. MOTION: Council Member Patemo moved approval of Phillips and Jordan Hurricane Disaster Debris Removal Contract; seconded by Vice Mayor Arena; motion carried 4-0. Council Member Okun was not present for the vote. ADJOURNMENT: Council Member Paterno moved to adjourn the meeting; seconded by Vice Mayor Arena. The motion to adjourn carried 4-0 therefore the meeting was adjourned at 6:55 p.m. , RespectFully submitted, � /Lc �ec,�� C:�-�-`�, Lori McWilliams, MMC Village Clerk Note: These summary minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of the meeting. A verbatim audio record is available from the office of the Village Clerk. All referenced attachments are on file in the Village Clerk's office. . � : . . � . � ' . � � . ' � . . �'.