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HomeMy WebLinkAboutMinutes_Special Meeting_01/30/1992 VILLAGE OF TEQUESTA BUILDING DEPARTMENT Post Office Box 3273 • 357 Tequesta Drive Tequesta, Florida 33469-0273 • (407) 575-6220 FAX: (407) 575-6203 V I L L A G E O F T E Q U E S T A S P E C I A L V I L L A G E C O U N C I L M E E T I N G M I N U T E S J A N U A R Y 3 0, 1 9 9 2 I. The Tequesta Village Council held a special meeting at the Village Hall, 357 Tequesta Drive, Tequesta, Florida, on Thursday, January 30, 1992. The meeting was called to order at 7:00 P.M. by Mayor Joseph N. Capretta. A roll call was taken by the Recording Secretary, Fran Bitters. Councilmembers present were: Mayor Joseph N. Capretta, Vice- Mayor Ron T. Mackail, Edward C. Howell and Earl L. Collings. William E. Burckart was not in attendance at roll call, but arrived at 7:03 p.m. Village Officials present were: Village Manager Thomas G. Bradford, and Joann Manganiello, Village Clerk. John C. Randolph, Village Attorney, was also in attendance. • II. INVOCATION AND PLEDGE OF ALLEGIANCE Vice Mayor Mackail gave the Invocation and led those in attendance to the Pledge of Allegiance to the American Flag. III. APPROVAL OF AGENDA Mayor Capretta asked to report, under Item IX. ANY OTHER MATTERS, on his receipt of a letter from the Mayor of Highland Beach. Councilmember Collings moved to approve the Agenda as amended. Vice Mayor Mackail seconded the motion. The vote on the motion was: Earl L. Collings - for Joseph N. Capretta - for Ron T. Mackail - for Edward C. Howell - for the motion was therefore passed and adopted and the Agenda was approved as amended. Special Village Council • Meeting Minutes January 30, 1992 Page 2 ------------------------------- IV. OVERVIEW OF INTERLOCAL AGREEMENT RELATING TO STUDENT ASSIGNMENT Village Manager Bradford reported the changes to be incorporated into the Interlocal Agreement which were made at the January 28 Palm Beach County Commissioner's Meeting: 1. Fifth Paragraph of the Preamble to the Agreement: WHEREAS, the LOCAL GOVERNMENTS have requested that the SCHOOL BOARD authorize boundary exemptions in order to further integration/desegregation in the area so that students who reside in the SACs indicated in Exhibit "A" may attend the nearest available schools; and 2. Section 3.02 Termination: D. Any LOCAL GOVERNMENT may withdraw upon notifying the other parties in writing they are withdrawing from the Agreement, but such withdrawal shall not terminate this • Agreement for those parties remaining. 3. Section 4.01 Indemnity: For purposes of "pro rata" as to the Countyl only that minor geographical portion of the County specifically delineated in Exhibit "A" shall be considered as the "entire population." With the above changes, the Agreement was approved by Palm Beach County. The Agreement explains the authority which the School Board has for maintaining schools and assigning pupils, and delineates that the local government is desirous of avoiding long-distance busing and wishes to have local students attend neighborhood schools. The purpose of the Agreement is to provide specific terms and conditions for the local governments to maintain and enhance a racially balanced public school population. A North County Education Committee will be appointed to assist in the implementation of the plan for racially balancing of local schools. The Committee will consist of: two members appointed by Board of County Commissioners; two members by the Town of Jupiter; two members by Tequesta Village Council; one member appointed by the Jupiter/Tequesta Chamber of Commerce; one member appointed by the Jupiter, Tequesta, Juno Beach Board of Realtors; and one member appointed as a representative of the Parent/Teacher organizations from the area schools. • U Special Village Council Meeting Minutes January 30, 1992 Page 3 V. RESOLUTION NO. 7-91/92 - ACCEPTING AND APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE VILLAGE OF TEQUESTA, TOWN OF JUPITER, AND THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY WITH THE SCHOOL BOARD OF PALM BEACH COUNTY REGARDING THE ASSIGNMENT OF STUDENTS RESIDING WITHIN THE VILLAGE OF TEQUESTA. Councilmember Collings noted that throughout Exhibit B the words "Developers Agreement" is used quite regularly and suggested that it would serve a useful purpose for Tequesta to develop a model Developers Agreement as a guide. Mr. Bradford answered that that is being worked on. • Attorney Randolph read Resolution 7-91/92 by Title: "A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, ACCEPTING AND APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE VILLAGE OF TEQUESTA, TOWN OF JUPITER, AND THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY WITH THE SCHOOL BOARD OF PALM BEACH COUNTY REGARDING THE ASSIGNMENT OF STUDENTS RESIDING WITHIN THE VILLAGE OF TEQUESTA." Councilmember Collings moved to adopt Resolution 7-91/92 as amended. Councilmember Burckart seconded the motion. The vote on the motion was: Earl L. Collings - for William Burckart - for Ron T. Mackail - for Edward C. Howell - for Joseph N. Capretta - for the motion was therefore passed and adopted. Mr. Bradford reminded those parents in attendance that the approving of the above-referenced Agreement does not mean that administration magically makes a racially balanced school happen, but that it takes much work on everyone's behalf. • • special village Council Meeting Minutes January 30, 1992 Page 4 VI. ORDINANCE - CONSIDERATION OF ADOPTING AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 399 (THE VILLAGE OF TEQUESTA ENVIRONMENTALLY SENSITIVE LANDS ORDINANCE). (STAFF RECOMMENDS APPROVAL) Village Manager Bradford explained that St. Jude's Church has commenced construction for their new facilities approved by the Village Council. After the start of construction, the Palm Beach County Department of Environmental Resources Management (DERM) informed the church that they (DERM) had jurisdiction on this project, based upon an Opinion from the attorney's office, and that as such, the church needed to receive a Permit from DERM in order to alter the adjacent Eco Site and the lands at the western end of St. Jude's site. The Assistant County Attorney recently indicated to the Village Attorney's Office that if Tequesta would amend its Environmentally Sensitive Lands Ordinance at Section 13.01, that the County would no longer claim jurisdiction. The purpose of the above-reference Ordinance is to address that issue and eliminate any legal action that might be incurred. Attorney Randolph stated that though Tequesta has validly adopted an Ordinance which gives Tequesta exclusive jurisdiction over its environmentally sensitive lands, Palm Beach County contends otherwise. Therefore, the above- referenced emergency Ordinance language should satisfy the County, and suggested that the Ordinance be adopted to be effective on one reading. Attorney Randolph read the Ordinance by Title: ~'AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING ORDINANCE NO. 399 RELATING TO ENVIRONMENTALLY SENSITIVE LANDS; AMENDING SECTION 13 OR ORDINANCE NO. 399; PROVIDING FOR SEVERABILITY; PROVIDING REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE." special Village Council • Meeting Minutes January 30, 1992 Page 5 ------------------------------- Councilmember Burckart moved to adopt the above-referenced Emergency Ordinance No. 1, amending Ordinance No. 399 on first and final reading. Councilmember Collings seconded the motion. The vote on the motion was: Earl L. Collings - for William Burckart - for Ron T. Mackail - for Edward C. Howell - for Joseph N. Capretta - for the motion was therefore passed and adopted. VII. CONSIDERATION OF ACTION REGARDING PALM BEACH COUNTY CHARTER AMENDMENT. (STAFF RECOMMENDS APPROVAL) Village Manager Bradford explained that the Municipal League at their last meeting gave a report which indicated that there was a recent joint meeting of all municipal attorneys to discuss the possibility of legal action and legal alternatives regarding the March 10, 1992 Countywide Growth Management and Land Use Authority Referendum issue and the proposed ballot language. Attorney Randolph confirmed a meeting was held at his office with municipal attorneys from several municipalities, as well as with Mr. Martino from the Municipal League. At that meeting the subject of a lawsuit was discussed. It appeared from the meeting that a substantial number of municipalities wished to join in the lawsuit. Those municipal attorneys who were in attendance felt that what the County is attempting to do with this Charter Amendment is legally improper. Each municipal attorney will approach their specific municipality to see if all are in agreement to join in a lawsuit against the County in regards to this matter. Municipalities who have already decided to file a lawsuit are: West Palm Beach; Boca Raton; Town of Palm Beach ... the list is approximately 20 municipalities to date. It is felt that if the fee is pro- rated amongst the municipalities joining in, the cost would not be an inordinate figure. If the amendment to the Charter is passed, it will seriously jeopardize the ability of any municipality to govern in regard to their own lands, and will set up the County as the final arbiter of any conflicts which • exist. Attorney Randolph asked the Village Council if the Village would want to be listed as a Plaintiff. Special Village Council Meeting Minutes January 30, 1992 Page 6 Councilmember Collings stated that the Village of Tequesta should be recognized as being strongly against the proposed Charter Amendment of the Palm Beach County Commission. Councilmember Burckart added that the Village agrees to be a plaintiff in the event of litigation by other municipalities. Attorney Randolph reported that Florida Statutes provide that when there are some governmental disputes, there is a Notice provision which is necessary to give to the other government prior to filing suit. However, in the event the municipality finds there is an immediate danger to the health, safety or welfare of the public which requires immediate action, no Notice or Public Meeting shall be required before a suit is filed. Councilmember Burckart moved to proceed with joining other municipalities in litigation against the County regarding the Amendment to the Charter, and that there is an immediate . danger to the health, safety or welfare of the public which requires immediate action. Councilmember Collings seconded the motion. The vote on the motion was: Earl L. Collings - for William Burckart - for Ron T. Mackail - for Edward C. Howell - for Joseph N. Capretta - for the motion was therefore passed and adopted. Vice Mayor Mackail urged the Village Manager to draft a letter to all other municipalities informing them of the Village's position and making public where the Village stands on this issue. Mr. Bradford pointed out that Councilmembers must be cautious not to 'take sides' in this issue, but could feel free to educate the people and state the facts of the issue. CJ Special Village Council Meeting Minutes January 30, 1992 Page 7 ------------------------------- VIII. COMMUNICATIONS FROM CITIZENS Cheryl Onorato reported that there would be a meeting on Friday, January 31, with County Commissioners, business people, parents, etc. regarding Jupiter High School. Agenda items are: equity, conditions, erosion of the curriculum, etc. Also on Wednesday, at Lake Worth High School, David Kearns, Undersecretary of Education, Washington, D.C., will be making an appearance. Bill Shannon thanked the Village Council for their support of the Emergency Ordinance amending Ordinance No. 399, since it is a tremendous help to St. Jude's Church. He also stated that he supports all the Village has done this evening in their support regarding objection to the March 10 Referendum. Wade Griest stated that he felt attendance would be better at local government meetings if for each meeting a large sign, such as that posted for Village Council meetings, was posted in front of the Village Hall so that all who might be interested might attend. Councilmember Burckart commended Mr. Griest for his faithful attendance at all Village meetings. XI. ANY OTHER MATTERS Mayor Capretta stated he had received a letter from the Mayor of Highland Beach regarding the cost of Palm Beach County Fire Rescue, which is based on the assessed value of the property. His suggestion was that the cost be based on per capita, which would be a marked cost decrease for municipalities. Mayor Capretta stated he had asked Mr. Bradford to write a letter to the County Commissioners requesting that the allocation be changed from one of property value to one based on per capita, which would hopefully lead to a reduction in costs. • Special Village Council Meeting Minutes January 30, 1992 Page 8 ------------------------------- 7C. ADJOURNMENT Councilmember Burckart moved to adjourn the meeting. Vice Mayor Mackail seconded the motion. The vote on the motion was: Earl L. Collings - for William Burckart - for Ron T. Mackail - for Edward C. Howell - for Joseph N. Capretta - for the motion was therefore passed and adopted and the meeting was adjourned at 8:10 P.M. • ATTEST: Jo nn Manganiel Village Clerk DATE APPROVED: Respectfully submitted, ~z~~~ Fran Bitters Recording Secretary •