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HomeMy WebLinkAboutMinutes_Regular_06/14/1990v~ s ~~ f ~ t N ~ C VILLAGE OF TEQUESTA Post Office Box 3273 • 357 Tequesta Drive Tequesta, Florida 33469-0273 • (407) 575-6200 FAX: (407) 575-6203 V I L L A G E O F T E Q U E S T A 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 U N E 1 4 1 9 9 0 I. The Tequesta Village Council held a regularly scheduled meeting at the Village Hall., 357 Tequesta Drive, Tequesta, Florida, on Thursday, June 14, 1990. 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. Counci.lmembers present were: Mayor Joseph N. Capretta, Earl L. Collings, Edward Howell and William Burckart. Vice-Mayor Ron T. Mackail was out of town. Village Officials present were: Thomas G. Bradford, Village Manager; Bill C. Kascavelis, Finance Director, and Department Heads. Also present was Village Attorney, John C. Randolph. II. INVOCATION AND PLEDGE OF ALLEGIANCE Mayor Joseph N. Capretta gave the Invocation and led those in attendance to the Pledge of Allegiance to the American Flag. III. APPROVAL OF AGENDA o Councilmember Burckart stated he would like to discuss the Municipal League Traffic Performance issue. o Village Manager Bradford stated he would like to discuss under Item XI. ANY OTHER MATTERS: 1) the CCNA (Competitive Consultants Negotiations Act) procedures plan to be implemented. for the Village; 2) the water surcharge; and 3) an update on the petition for variance applied for from the South Florida Water Management District. O Mayor Capretta stated he would like to discuss his attendance at a meeting with the Mayors of northern Palm Beach County municipalities regarding public transportation. f F~"illage C'ounci_1 Meeting Minutes June 14, 1.990 Page 2 ------------------------ IV. CONSENT AGENDA All items listed with an asterisk (*1 are considered routine and will be enacted by one motion. VI. APPROVAL OF MINUTES AND REPORTS *A) Village Council rleeting; May 24, 1990. *B) Special Village Council. Meeting: May 29, 1.990. *C) Village Council Workshop Meeting; May 29, 1990. *D) Finance and Admi nistration Commit tee Meeting; June 4, 1990. *E) Village Manager' s Report; May 21 - June 8, 1990. Councilmember Burckart moved to approve the Consent Agenda as submitted. Councilmember Collings seconded the motion. The vote on the motion was: Mayor Capretta - for Earl Collings - for Edward Howell - far William Burckart - for the motion was therefore passed and adopted. The Consent Agenda was approved as submitted. VI. COMMUNICATIONS FROM CITIZENS Since all citizens who signed up to speak wanted to address Item VII A), their comments are covered under that Item. VIII. DEVELOPMENT MATTERS A) Consideration of Petition of JARA, Inc. to Reconstitute Board. of Adjustment. Since Attorney Randolph had. not yet arrived at the Council. meeting, it was decided not to hold this Item for discussion until his arrival. Village Council Meeting Minutes June 14, 19y0 Page 3 ------------------------ B) Consideration of Re-submittal for Sketch Plan Approval. Noit Gedacht Subdivision. Since Attorney Randolph had not yet arrived at the Council meeting, it was decided not to hold this Item for discussion until his arrival. C) Authorization for Mayor Capretta to send letter on behalf of Village Council expressing interest .i.n the Master Plan area or portion thereof for inclusion in the boundaries of the Northern Palm Beach County Water Control. District (NPBWCD) as a Unit of Development. • Councilmember Collings moved that Mayor Capretta be authorized to send a letter of interest to the NPBWCD on behalf of the Village Council asking them to cover the infrastructure for the Master Plan area. Councilmember Burckart seconded the motion. The vote on the motion was: Mayor Capretta Edward Howell Earl Collings William Burckart - for for - for - for the motion was therefore passed and adopted. VIII. APPOINTMENTS A) Consideration of Mr. Vic Strahan as a regular member of the Community Appearance Board to fill the unexpired term of Mrs. Mindie Collins. Village Manager Bradford explained that Mrs. Collins and her family relocated to Jupiter, and she therefore resigned from the Community Appearance Board (CAB). Mr. Strahan is the next in line alternate member and is willing to serve as a regular CAB member. Councilmember Collings moved to accept the appointment of Vic Strahan as a regular member to the CAB. Councilmember Burckart seconded the motion. The vote on the motion was: C] Mayor Capretta Edward Howell Earl Collings William Burckart - for for - for - for the motion was therefore passed and adopted. Village Council Meeting Minutes ~,7une 1.4 , 1990 age 4 ------------------------ IX. NEW BUSINESS A) Authorization to Conduct Water Rate Study per Gee & Jenson Proposal. Village Manager Bradford explained that this study will ascertain the adequacy of the commodity charges for water sold to customers, as well as review the capital connection charges for new hook-ups. Councilmember Collings moved to authorize Gee & Jenson to conduct the rate study per Item 4 on the June 7 Village Manager's memorandum. Councilmember Burckart seconded the motion. The vote on the motion was: Mayor Capretta - for Edward Howell for Earl Collings - for William Burckart - for the motion was therefore passed and adopted. B1 Consideration of Bid Award to All Webbs Enterprise Inc. of Jupiter, Florida, to undertake Village Well Abandonment Project. Village Manager Bradford explained that the Village has ten (10) abandoned wells which are no longer utilized. These wells have to be capped in accordance with procedures spelled out by the South Florida Water Management District. This year the Village Council allocated $20,000 for this work. A bid package was put together, an ad was placed in the newspaper for sealed bids, and bids were opened on May 15, with low bidder being All Webbs Enterprise, Inc. at $19,850. Councilmember Collings moved awarded the contract for Councilmember Burckart seconded was: Mayor Capretta - Edward Howell Earl Collings - William Burckart - that All Webbs Enterprise, Inc. be capping the abandoned wells. the motion. The vote on the motion for for for for the motion was therefore passed and adopted. Village Council Meeting Minutes June 14, 1990 Page 5 ------------------------ C) Authorization to purchase one (1) 1990 4-Door Chevrolet Lumina at Less than State Contract Price for Public Safety Purposes. Village Manager Bradford explained that the recent Employment Agreement with Public Safety Director, Greg Spencer, provides that the Village will provide a vehicle for his utilization. One has been lor.,ated at less than the State Contract price in the amount of $11,650. Funding is available in the Police Depa.rtment's current budget to cover the cost. Councilmember Burckart moved that the grillage Manager be authorized to purchase said vehicle in the amount of $1.1,650. Councilmember Collings seconded the motion. The vote on the motion was: • Mayor Capretta - for Edward Howell for• Earl Collings - for William Burckart - for the motion was therefore passed and adopted. X. UNFINISHED BUSINESS A) Ordinance No. 404 - Second Reading - Adopting by Reference the Palm Beach County "Coastal Protection Ordinance", Ordinance No. 90-2, as Amended. 1) Review of Optional Draft Ordinance 404 Substitute per Village Council Request. Village Manager Bradford explained that at the last Council meeting, Council requestd that, Ordinance No. 404 be tabled until the June 14 meeting in order to allow Village Staff time to prepare a draft substitute. Mr. Bradford reviewed some of the impacts and intents of the draft substitute as it compares to the County's Coastal Protection Ordinance: • Village Council Meeting Minutes ~une 14, 1990 Page 6 o The lead Agency in review and permitting will be the Tequesta Building Department {in the County Ordinance, the Department of Environmental.. Resources Management (DERM) does this}. o This Ordinance can be construed to require the Village to have permitting authority on county, state, federal and local beach renouri.shment projects, as well as private beach renourishment projects. o The permit review requirements are such that they may require the contractural hiring of a biologist and environmental specialist or other professional. Currently, DERM has such professionals on staff to assist them in those efforts. o Permit fees of $100 for a general permit, or $500 for a permit, are inadequate to cover costs of contractural consultants, if their services were needed. Therefore, the permit fee should be amended to allow the consultant costs to be passed on directly to the applicant. o The Ordinance allows far applicant to appeal the findings of the Building Department. directly to the Village Council. o The Ordinance, as drafted, provides an option of referring violations to the Tequesta Code Enforcement Board. Councilmember Collings asked how much time would. be required of the Building Department if the Village chooses to maintain control, rather than giving the control over to the County? Mr. Bradford. answered he did not foresee it as a regular thing, but, the real. benefits would be: 1) control in the hands of the Village; and 2) turn-around. time of the applications since there seems to be great time delays when dealing with DERM. Councilmember Collings moved that Ordinance No. 404 draft. substitute be stricken from the Agenda. Councilmember Howell seconded the motion. The vote on the motion was: Mayor Capretta Edward Howell Earl Collings William Burckart - for for - for - for the motion was therefore passed and adopted. Mr. Bradford. recommended to Council that they now consider the original Ordinance No. 404. • Village Council Meeting Minutes June 14, 1990 .Page 7 V"illage Attorney John Randolph arrived at 7:20 p.m, and gave the Second Reading of Ordinance No. 404. Councilmember Collings moved to approve Ordinance No. 404 on Second Reading. Councilmember Burckart seconded the motion. The vote on the motion was: Mayor Capretta - for Edward Howell for Earl Collings - for William Burckart - for the motion was therefore passed and adopted. With Attorney Randolph's arrival, Council now returned to Items VII. A) and VII. B). VII. A) Consideration of Petition of JARA, Inc. to Reconstitute Board. of Adjustment. Ron Kolins, Esquire, of Moyle Flanigan, represented applicant. Mr. Kolins addressed the issue of the Petition to Reconstitute the Zoning Board of Ad.just.ment, which he had presented. t.o Counc,il. He contended that not only is it unlawful. to move this matter to the Board of Adjustment., and contrary to Village Codes, but that the Board of Adjustment., by conflict or bias, is tainted in its view of the issue and could not give applicant, a fair hearing, and that the majority= of members of that Board are not properly or fairly constituted to hear this matter since the majority of them are residents of the community in question. Therefore, Mr. Kolins petitioned that the Council, for purposes of this issue, serve as the Board of Adjustment to hear the matter of the lot width issue as it relates to the application of JARA, Inc. Village Attorney Randolph stated it would have to be Council's decision as to whether the Zoning Board of Adjustment is fairly constituted. However, there is no provision of that sort in the Charter and the action would be very unusual. Mr. Randolph informed those in attendance that Council had passed, on Second Reading, a new Subdivision Ordinance No. 398, which specifies the manner in which the lot width on cul-de-sac lots should be measured. Because the JARA, Inc. subdivision has not yet been approved, the provisions of Ordinance No. 398 will now apply to that subdivision. That Ordinance provides that, "in determining minimum lot width, cul-de-sac lots shall be measured at a point. along an arc, beginning at the front setback line and the length of • • • Village Council Meeting Minutes June 14, 1990 Page 8 -------------------------------- the arc shall be at least 60$ of the required minimum lot width for the district." On the basis of the Ordinance which is now in effect, there is no matter which needs to be clarified, nor is there a decision of the Building Official which needs to be clarified. The matter previously before the Board of Adjustment is now moot and should be heard by the Village Council. Guy Held, Esq., representing the owner of Lot 9, Block 2, immediately adjacent to the south of Lot 8, Block 2, agreed the Petition to Reconstitute the Board of Adjustment was now moot since the application for JARA, Inc., in his estimation, had already received a full and complete hearing, was acted upon and denied on May 10, 1990. He referred to a motion made by Vice-Mayor Mackail at the May 10 meeting to approve the application. Mayor Capretta passed the gavel to Vice-Mayor Mackail and seconded the motion. The vote was 2 for, 2 against, since only four Councilmembers were present at that meeting. This count, in Mr. Held's view, resulted in a denial of the application. He felt there should be no misleading by the simplistic statement in Florida jurisprudence second on Counties and Municipalities, Section 160 which states that in the event of a tie vote, a matter maintains the status quo. He felt attorneys present should review cases cited and compare them to the present situation. Mr. Held gave four examples (each example assuming a full Board is present) to support his position: o A motion to application i votes. o A motion to motion fails acted on the granting it. o Assume a motion to deny an application with a vote of 3 for and 2 against. The result is the motion carries, the application denied. o A motion to deny, 2 vote for, 3 vote against. The motion does NOT carry, but neither is the application approved because approval of the application did not receive a majority of the votes. approve, 3 vote for, 2 vote against. The s approved because it got a majority of the approve, 2 vote for, and 3 vote against. The - the application is denied because when Council motion, a majority did not vote in favor of Mr. Held stated thati the Council's vote on May 10 was a 2-2 vote, and the action did not result in a motion to approve. Once Council acts on a matter, it does not act again on the same matter. Following the vote, Mayor Capretta, because of the 2-2 vote, postponed the matter until there was a full quorum of five. Mr. Held contended a fu~l quorum did exist and Mayor Capretta did not have the authority to postpone before or after the vote. Village Council Meeting Minutes .June 14, 1990 Page 9 VII. Mayor Capretta apply. Attorney Attorney Kolins before Council application. asked if it was necessary for applicant to re- Randolph answered that it would not be necessary. stated that the applicant would be pleased to come at the next meeting to address the merits of the Tim Goldsbury, President, Country Club Point Homeowners Association, stated that very little notice was given regarding the Petition to Reconstitute the Board of Adjustment, and that he felt it was inaccurate, misleading and unsupported. Councilmember Howell moved that on the basis of the language i.n Ordinance No. 398, the application now pending before the Zoning Board of Adjustment relating to the previous decision of the Administrative Official is now moot, and the matter should be heard. by the Village Council at the next regularly scheduled meeting. Councilmember Collings seconded the motion. The vote on the motion was: Mayor Capretta - for Edward Howell for Earl Collings - for William Burckart - for the motion was therefore passed and adopted. Mayor Capretta explained that the original application of JARA, Inc. will appear on the Agenda for the next Council rleeting. No new application will be necessary, although a new application would not be prohibited by the Village. B) Consideration of Resubmittal for Sketch Plan Approval. Noit. Gedacht Subdivision. Steve Kennedy, Deputy Building Official, explained that this application was originally approved, with conditions, by Council on April 1.2, 1990. Subsequent to that approval, applicant failed to achieve obtaining those conditions. Ordinance No. 393 has also been adopted since then. Therefore, applicant has resubmitted a re- design of the subdivision which complies with all the subdivision regulations, and therefore needs no variance. • Village June 14, • Page 10 Council Meeting Minutes 1990 Attorney Randolph agreed there was no variance needed from the Zoning Ordinance, but thought there would be a variance needed from one of the Subdivision Regulations which provides that one has to have access to the subdivision from a public street. Mr. Kennedy stated that that was true, and stated he stood corrected. Gordon Ripma, representative for Richard DeWitt on subdivision Noit Gedacht stated that at their last appearance before Council, the sketch plan was approved, subject t.o front yard lot width at the 25 foot setback. Applicant found., after the plan was submitted, that no subdivisions in the Village ever sought a variance for that size lot width. Ordinance No. 398 allows a 60 foot front yard width at the 25 foot setback. Applicant now submits for that approval. Village Manager Bradford asked if a variance is being requested so that the road could remain private? Mr. Ripma stated. his interpretation was that no variance was needed, since the Ordinance stated the road would need to be dedicated. There is a small triangular piece on the cul-de-sac which can be dedicated. Mr. . Bradford. asked if Council is the proper Body to hear the variance, if one were required? Attorney Randolph answered affirmatively; Council would be acting under Section I, Article 6, which reads: "Where the Council finds that extraordinary hardships may result. from strict compliance with these Regulations, it may recommend a variance of the Regulations, so that substantial justice may- be done and the public interest secured, provided that such variation will not have the effect of nullifying the intent and purpose of the Comprehensive Development Plan and the Zoning Ordinance itself." Gary Van Brock explained that when the subdivision of Bayvieca Terrace was platted, recorded, and approved by the Village, there was an easement which was created over a triangular portion of land which showed as a permanent access easement. This would be dedicated to the Village. This land was owned by the original Developer, who, by written recorded agreement, granted the easement. to M.r. DeWitt. The original Developer is no longer in business. Therefore, there is no entity, and this is the hardship. Mayor Capretta stated he was concerned. about how the definition of setback line applies when there is no existing wall., making it. difficult, therefore, to compute whether the lot meets the minimum size requirements. Mr. Bradford explained that applicant's plan shows the "building" line, not the "setback" line, as defined in the Village Code. Mr. Van Brock answered that could not be . complied with until the structure is designed. Attorney Randolph explained. that the Building Official took a line of measurement, Village Council Meeting Minutes June 14, 1990 .Page 11 ------------------------ since there were no buildings, at the only line t.o use (the building line, or the required setback of 25 feet in the front, yard). There was nothing else to use. Perhaps the mistake, which. is a technical one and not a substantive one, is that in the cul-de- sac lot provision, there should have been verbage of going back to the building line, not to the setback line. If the setback line i.s applied under the present Code, an applicant would. only have to come up with a five foot strip at the road and widen out at the end, and show a house on it, showing that the lot at that point is 60 feet and under the present Ordinance „ it would have to be allowed. That was obviously not the intent of the Ordinance. The intent was to make sure that near the road, 25 feet from the road, those requirements were met. Councilmember Collings moved t.o approve the Sketch Plan as proposed, subject to a variance and the indication by applicant to dedicate the roadway to the Village of Tequesta. Councilmember Howell seconded the motion. The vote on the motion was: Mayor Capretta - for Edward Howell for Earl Collings - for William Burckart - for X. the motion was therefore passed and adopted. Councilmember Howell left the meeting at 9:15 p.m. Bl Ordinance No. 405 - Second Reading - Creating Regulations for. the Protection of Sea Turtles within the Village of Tequesta. Village Attorney Randolph gave the Second Reading of Ordinance No. 405 by Title. Councilmember Collings moved to approve the Second Reading of Ordinance No. 405. Councilmember Burckart seconded. the motion. The vote on the motion was: Mayor Capretta Earl Collings William Burckart - for - for - for the motion was therefore passed and adopted. • Village Council Meeting Minutes une 14, 1990 age 12 • C) Ordinance No. 406 - Second Reading - Adopting by Reference the Palm Beach County '"Mangrove Protection Ordinance," Ordinance No. 88-13, as amended. Attorney Randolph gave the Second Reading of Ordinance No. 406 by Title. Councilmember Collings asked if there was anything in this Ordinance that. would prevent, ease or change the rights of homeowners to trim mangroves to an 8 foot above-ground level. M.r. Bradford stated he did not thing so, since that was a different rule adopted by the County- Commission allowing the trimming of mangroves within the aquatic preserve areas. Councilmember Collings Ordinance No. 406. The vote on the motion Mayor Capretta Earl Collings William Burckart moved to approve the Second Reading of Councilmember Burckart seconded the motion. was: - for - for - for the motion was therefore passed and adopted. D) Ordinance No. 407 - Second Reading - Amending the Code of Ordinances of the Village of Tequesta by Amending Chapter 6, Article V, by Amending the Standard Housing Code at Section 202, Definitions; and by Amending Section 309.1, Dangerous Structures. Attorney Randolph gave the Second Reading of Ordinance No. 407 by Title. Councilmember Burckart asked what the point of this Ordinance is? Attorney Randolph explained. this Ordinance comes about as a result of the amendments to the Comprehensive Plan relating to Housing. These are the Land Development Regulations which the Village is required to adopt subsequent to the adoption of the Comprehensive Plan in order to come into compliance. This portion of the Housing Code has to be amended so as to include these conditions relating to residential structures. Councilmember Collings moved to Ordinance No. 407. Councilmember The vote on the motion was: Mayor Capretta - Earl Collings - William Burckart - approve the Second Reading of Burckart seconded the motion. for for for the motion was therefore passed and adopted. Village Council Meeting Minutes June 14, 1990 .Page 13 • E) Ordinance No. 408 - Second Reading - Amending Chapter 14, Land Development Regulations, of the Code of Ordinances of the Village of Tequesta. Attorney Randolph gave the Second Reading of Ordinance No. 408 by Title. Councilmember Callings stated that though in theory this Ordinance complies with the Comprehensive Plan, he felt unsure of its intent and would feel more comfortable after analyzing it. Councilmember Collings therefore moved to table Second Reading of Ordinance No. 408 until. the June 28 Council Meeting. Councilmember Bucka.rt seconded the motion. The vote on the motion was: Mayor Capr.etta - for Earl Collings - for William Burckart - for the motion wa.s therefore passed and Second Reading of Ordinance No. 408 was tabled until the June 28 Council. Meeting. F) Resolution 11-89/90 - Requesting the South Florida Water Management District to immediately implement a moratorium on the issuance of private single-family, multi-family and commercial. irrigation wells, increase monitoring activities of other permitted users and implement a moratorium on the issuance of the General Permits or increase allocations to existing General Permits for all areas north of the Loxahatchee River with the potential to impact the Surficial. Aquifer utilized by Tequesta's Water Department. Village Manager Bradford brought the attention of Council. to the Title of the Resolution, fourth line from the bottom, which reads "river and west of" to be changed to "river and east of". He further explained that, this Resolution has been prepared in response to the Council's concern that a strong message be sent, to the SFWMD that they take appropriate action, such a,s a moratorium, additional monitoring of current permitted users, a moratorium on general permits and/or disallowing increased allocations to existing general permits for that area north of the River and east of the northwest fork of the River, which is where the surficial. aquifer water comes from. Village Council Meeting Minutes June 14, 1990 Page 14 ------------------------ Councilmember Collings moved to approve Resolution No. 11-89/90 as submitted. Councilmember Burckart seconded the motion. The vote on the motion was: Mayor Capretta - for Earl Collings - for William Burckart - for the motion was therefore passed and XI. ANY OTHER MATTERS A) Municipal League Traffic Performance Standards. Councilmember Burckart suggested that the Village send a letter to the County Commission asking them to consider the options put forth in his letter regarding the Traffic Performance Standards, urging them to study and implement these options. These options would allow for more flexibility. Mr. Bradford suggested the Municipal League received a copy of the same letter. B) CCNA Plan to be implemented for the Village of Tequesta. Mr. Bradford suggested that if there is not an emergency water situation in Tequesta, the first thing that is needed is the creation of a CCNA team to review the presentations of various engineering firms to do the well projects that are needed to be brought on line immediately in response to the new permit. He felt it is imperative that at least two Council members be on that team, since it would help the full Council to understand the validity of the request to appoint the firm. The State Statute strongly implies that the selection involve elected officials. It is recommended that the team consist of two Council members; Tom Hall; Mr. Bradford and/or Wendy Harrison. C) Water Surcharge. The proposed water surcharge would be for unincorporated residents of Palm Beach and Martin County. Mr. Bradford suggested that Council let him know immediately if they would be interested in pursuing this matter, since it would be good to implement that now, before the rate study begins. Village Council Meeting Minutes June 14, 1990 • Page 15 t D) Update on Petition to South Florida Water Management District. Mr. Bradford explained the Petition has been filed to allow Tequesta to change the time of water sprinkling for their system so that greater water pressure can be provided to Village customers, and so that the Village can comply with the recent variance that Jupiter received for split districts. If approved, this would split the system at the north fork of the Loxahatchee. E) Attorney Randolph reported that approximately two weeks ago, the Village received a Demand from an Attorney Boscheffer, attorney for Pantlin Associates, that, within five days of the date of the letter, the Village reconvey to Pantlin that portion of the roadway- (now called Village Boulevard) which was given initially by the Pantlins, and which, in their opinion, was substituted by the jog made in the road, to provide a 90 degree alignment at IJ.S. Highway One as required by the DOT. Pantlin Associates gave the Village a Deed to take care of that jog. The Demand letter stated this request had been made of the Village Officials on several occasions, and noia Pantlin Associates was demanding that it be done within five days of the date of the letter. Council and Village Manager Bradford did not remember any agreement being made with Pantlin to give back the Deeded right-of-way. Mr. Bradford stated he had received a letter. from Mr. Pantlin on June 13, stating he would like to bring this matter before Council to obtain release of those lands. Mr. Bradford reminded Council that the Village had promised, at some point in time, to amend the Comprehensive Plan to delineate that Village Boulevard would be a 100 foot right-of-way roadway. If that is to be done, the Village is in possession of a 50-foot parcel that would make up the rest of that 100 foot right- of-way. Attorney Randolph suggested it would be necessary to look at the files to determine whether there is anything there that would indicate there was an assumption to give back this Deeded property to Pantlin Associates. Councilmember Collings stated that since Council does remember DOT requesting that Village Boulevard be moved 90 degrees, it is logical to assume this was the original land of Pantlin Associates; it is also logical that Pantlin now wants this land back. It is illogical, however, to be threatened to be sued if the Village does not give the land back within five days. Village Council Meeting Minutes • June 14, 1990 Page 16 ------------------------ F) Meeting with northern Palm Beach County Mayors regarding public transportation. Mayor Capretta stated the media, transportation representatives, Karen Marcus and North County Mayors are meeting to discuss getting more public transportation to the North County area. He asked if Council took a position on public transportation? Council responded they would not oppose public transportation in Tequesta, but they would not want to subsidize it. Mr. Bradford felt there would be no harm in studying the issue. G} Mayor Capretta suggested that when members of various Village Board's are sought, it ought to be considered that not all members should live in the same community, and suggested that could be done informally. ~. kII. ADJOURNMENT Councilmember Collings moved to adjourn the meeting. Councilmember Burckart seconded that motion. The vote on the motion was: Mayor Capretta - for Earl Collings - for William Burckart - for the motion was therefore passed and the meeting was adjourned at 10:1.5 P.M. Respec fully submitted, /G~~ - ran Bitters Recording Secretary ~~~~7 Bill C. Ka avelis Finance Direc or/VIllage Clerk DATE APPROVED: ./x',90 VILLAGE OF TEQUESTA Post Office Box 3273 • 357 Tequesta Drive Tequesta, Florida 33469-0273 (407) 575-6200 FAX: (407) 575-6203 V I L L A G E O F T E Q U E S T A 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 U N E 1 4 1 9 9 0 I. The Tequesta Village Council held a regularly scheduled meeting at the Village Hall, 357 Tequesta Drive, Tequesta, Florida, on Thursday, June 14, 1990. 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. Councilmembers present were: Mayor Joseph N. Capretta, Earl L. Collings, Edward Howell and William Burckart. Vice-Mayor Ron T. Mackail was out of town. Village Officials present were: Thomas G. Bradford, Village Manager; Bill C. Kascavelis, Finance Director, and Department Heads. Also present was Village Attorney, John C. Randolph. II. INVOCATION AND PLEDGE OF ALLEGIANCE Mayor Joseph N. Capretta gave the Invocation and led those in attendance to the Pledge of Allegiance to the American Flag. III. APPROVAL OF AGENDA o Councilmember Burckart stated he would like to discuss the Municipal League Traffic Performance issue. o Village Manager Bradford stated he would like to discuss under Item XI. ANY OTHER MATTERS: 1) the CCNA (Competitive Consultants Negotiations Act) procedures plan to be implemented for the Village; 2) the water surcharge; and 3) an update on the petition for variance applied for from the South Florida Water Management District. O Mayor Capretta stated he would like to discuss his attendance at a meeting with the Mayors of northern Palm Beach Gounty municipalities regarding public transportation. 1- Village Council Meeting Minutes June 14, 1990 Page 2 ------------------------ IV. CONSENT AGENDA All items listed with an asterisk (*) are considered routine and will be enacted by one motion. VI. APPROVAL OF MINUTES AND REPORTS *AI Village *B) Special *C) Village ~D) Finance ~E) Village Councilmember submitted. on the motion Council Meeting; May 24, 1990. Village Council Meeting: May 29, 1990. Council Workshop Meeting; May 29, 1990. and Administration Committee Meeting; June 4, 1990. Manager's Report; May 21 - June 8, 1990. Burckart moved to approve the Consent Agenda as ~ouncilmember Collings seconded the motion. The vote was: Mayor Capretta - for Earl Collings - for Edward Howell - for William Burckart - for the motion was therefore passed and adopted. The Consent Agenda was approved as submitted. VI. COMMUNICATIONS FROM CITIZENS Since all citizens who signed up to speak wanted to address Item VII A), their comments are covered under that Item. VIII. DEVELOPMENT MATTERS A) Consideration of Petition of JARA, Inc. to Reconstitute Board of Adjustment. Since Attorney Randolph had not ,yet arrived at the Council meeting, it was decided not to hold this Item for discussion until his arrival. Village Council Meeting Minutes June 14, 1990 Page 3 ------------------------ B) Consideration of Re-submittal for Sketch Plan Approval. Noit Gedacht Subdivision. Since Attorney Randolph had not ,yet arrived at the Council meeting, it was decided not to hold this Item for discussion until his arrival. C) Authorization for Mayor Capretta to send letter on behalf of Village Council expressing interest in the Master Plan area or portion thereof for inclusion in the boundaries of the Northern Palm Beach County Water Control District (NPBWCD) as a Unit of Development. Councilmember Collings moved that Mayor Capretta be authorized to send a letter of interest to the NPBWCD on behalf of the Village Council asking them to cover the infrastructure for the Master Plan area. Councilmember Burckart seconded the motion. The vote on the motion was: Mayor Capretta - for Edward Howell for Earl Collings - for William Burckart - for the motion was therefore passed and adopted. VIII. APPOINTMENTS A) Consideration of Mr. Vic Strahan as a regular member of the Community Appearance Board to fill the unexpired term of Mrs. Mindi.e Collins. Village Manager Bradford explained that Mrs. Collins and. her family relocated to Jupiter, and she therefore resigned from the Community Appearance Board (CAB). Mr. Strahan i_s the next in line alternate member and is willing to serve as a regular CAB member. Councilmember Collings moved to accept the appointment of Vic Strahan as a regular member to the CAB. Councilmember Burckart seconded the motion. The vote on the motion was: Mayor Capretta - for Edward Howell for Earl Collings - for William Burckart - for the motion was therefore passed and. adopted. Village Council Meeting Minutes June 14, 1990 Page 4 ------------------------ IX. NEW BUSINESS A) Authorization to Conduct Water Rate Study per Gee & Jenson Proposal. Village Manager Bradford explained that this study will ascertain the adequacy of the commodity charges for water sold to customers, as well as review the capital connection charges for new hook-ups. Councilmember Collings moved to authorize Gee & Jenson to conduct the rate study per Item 4 on the June 7 Village Manager's memorandum. Councilmember Burckart seconded the motion. The vote on the motion was: Mayor Capretta - for Edward Howell for Earl Collings - for William Burckart - for the motion was therefore passed and adopted. B) Consideration of Bid. Award to All Webbs Enterprise Inc. of Jupiter, Florida, to undertake Village Well Abandonment Project. Village Manager Bradford explained that the Village has ten (10) abandoned wells which are no longer utilized. These wells have to be capped in accordance with procedures spelled out by the South Florida Water Management District. This year the Village Council allocated $20,000 for this work. A bid package was put together, an ad was placed in the newspaper for sealed bids, and. bids were opened on May 15, with low bidder being All Webbs Enterprise, Inc. at $1.9,850. Councilmember Collings moved. that All Webbs Enterprise, Inc. be awarded the contract for capping the abandoned wells. Councilmember Burckart seconded the motion. The vote on the motion was: Mayor Capretta - for Edward Howell for Earl Collings - for William Burckart - for the motion was therefore passed and adopted. Village Council Meeting Minutes June 14, 1990 .Page 5 ------------------------ C) Authorization to purchase one (1) 1990 4-Door Chevrolet Lumina at Less than State Contract Price for Public Safety Purposes. Village Manager Bradford explained that the recent Employment Agreement with Public Safety Director, Greg Spencer, provides that the Village will provide a vehicle for his utilization. One has been located at less than the State Contract price in the amount of $11,650. Funding is available in the Police Department's current budget to cover the cost. Councilmember Burckart moved that the Village Manager be authorized to purchase said vehicle in the amount of $11,650. Councilmember Collings seconded the motion. The vote on the motion was: Mayor Capretta - for Edward Howell for Earl Collings - for William Burckart - for the motion was therefore passed and adopted. X. UNFINISHED BUSINESS A) Ordinance No. 404 - Second Reading - Adopting by Reference the Palm Beach County "Coastal Protection Ordinance", Ordinance No. 90-2, as Amended. 1) Review of Optional Draft Ordinance 404 Substitute per Village Council Request. Village Manager Bradford explained that at the last Council meeting, Council requestd that Ordinance No. 404 be tabled until the June 14 meeting in order to allow Village Staff time to prepare a draft substitute. Mr. Bradford reviewed some of the impacts and intents of the draft substitute as it compares to the County's Coastal Protection Ordinance: ~/ Village Council Meeting rlinutes June 14, 1990 Page 6 • o The lead Agency in review and permitting will be the Tequesta Building Department (in the County Ordinance, the Department of Environmental. Resources Management (DERM) does this). o This Ordinance can be construed to require the Village to have permitting authority on county, state, federal and local beach renourishment projects, as well as private beach renourishment projects. o The permit review requirements are such that they may require the contractural hiring of a biologist and environmental specialist or other professional. Currently, DERM has such professionals on staff to assist them in those efforts. o Permit fees of $100 for a general permit, or $500 for a permit, are inadequate to cover costs of contractural consultants, if their services were needed. Therefore, the permit fee should be amended to allow the consultant costs to be passed on directly to the applicant. o The Ordinance allows for applicant to appeal the findings of the Building Department directly to the Village Council. o The Ordinance, as drafted, provides an option of referring violations to the Tequesta Code Enforcement Board. Councilmember Collings asked how much time would be required of the Building Department if the Village chooses to maintain control, rather than giving the control over to the County? Mr. Bradford answered he did not foresee it as a regular thing, but the real benefits would be: 1) control in the hands of the Village; and 2) turn-around time of the applications since there seems to be great, time delays when dealing with DERM. Councilmember Collings moved that Ordinance No. 404 draft substitute be stricken from the Agenda. Councilmember Howell seconded the motion. The vote on the motion was: Mayor Capretta Edward Howell Earl Collings William Burckart - for for - for - for the motion was therefore passed and adopted. Mr. Bradford. recommended to Council that they now consider the original Ordinance No. 404. Village Council Meeting Minutes June 14, 1990 • Page 7 Village Attorney John Randolph Second Reading of Ordinance No. to approve Ordinance No. 404 Burckart seconded the motion. The arived at 7:20 p.m. and gave the 404. Councilmember Collings moved on Second Reading. Councilmember vote on the motion was: Mayor Capretta - for Edward Howell for Earl Collings - for William Burckart - for the motion was therefare passed and adopted. With Attorney Randolph's arrival, Council now returned to Items VII. A) and VII. B1• VII. A) Consideration of Petition of JARA, Inc. to Reconstitute Board of Adjustment. Ron Kolins, Esquire, of Moyle Flanigan, represented applicant. Mr. Kolins addressed the issue of the Petition to Reconstitute the stment which he had presented to Council. He f Adj d u o Zoning Boar contended that not only is it unlawful to move this matter to the Board of Adjustment, and contrary to Village Codes, but that the Board of Adjustment, by conflict or bias, is tainted in its view of the issue and could not give applicant a fair hearing, and that the majority of members of that Board are not properly or fairly constituted to hear this matter since the majority of them are residents of the community in question. Therefore, Mr. Kolins petitioned that the Council, for purposes of this issue, serve as the Board of Adjustment to hear the matter of the lot width issue as it relates to the application of JARA, Inc. Village Attorney Randolph stated it would have to be Council's decision as to whether the Zoning Board of Adjustment is fairly constituted. However, there is no provision of that sort in the Charter and the action would be very unusual. Mr. Randolph informed those in attendance that Council had passed, on Second Reading, a new Subdivision Ordinance No. 398, which specifies the manner in which the lot width on cul-de-sac lots should be measured. Because the JARA, Inc. subdivision has not yet been approved, the provisions of Ordinance No. 398 will now apply to that subdivision. That Ordinance provides that, "in determining minimum lot width, cul-de-sac lots shall. be measured at a point along an arc, beginning at the front setback line and the length of the arc shall be at least 60% of the required minimum lot width for the district." On the basis of the Ordinance which is now in effect, there is no matter which needs to be clarified, nor. is there a decision of the Building Official which needs to be clarified. The matter previously before the Board of Adjustment is now moot and should be heard by the Village Council. Village Council Meeting Minutes June 14, 1990 . Page 8 Guy Held, Esquire, representing the owner of Lot 9, Block 2, immediately adjacent to the south of Lot 8, Block `L, agreed the Petition to Reconstitute the Board of Adjustment was now moot. Mayor Capretta asked if it was necessary for applicant to re- apply. Attorney Randolph answered that it would not be necessary. Attorney Kolins stated that the applicant would be pleased to come before Council at the next meeting to address the merits of the application. Tim Goldsbury, President, Country Club Point Homeowners Association, stated that very little notice was given regarding the Petition to Reconstitute the Board of Adjustment, and that he felt it was inaccurate, misleading and. unsupported. Councilmember Howell moved that on the basis of the language in Ordinance No. 398, the applicatio n now pending before the Zoning Board of Adjustment relating to the previous decision of the Administrative Official is now moot, and the matt er should be heard by the Village Council at the ne Councilmember Collings seconded the xt regularly motion. The scheduled meeting. vote on the motion was: Mayor Capretta - for Edward Howell for Earl Collings - for Wi1l.iam Burckart - for the motion was therefore passed and adopted. Mayor Capretta explained that the original application of JARA, Inc. will appear on the Agenda for the next Council Meeting. No new application will be necessary, although a new application would not be prohibited by the Village. VII. B) Consideration of Resubmittal for Sketch Plan Approval. Noit Gedacht Subdivision. Steve Kennedy, Deputy Building Official, explained that this application was originally approved, with conditions, by Council on April 12, 1990. Subsequent to that approval, applicant failed to achieve obtaining those conditions. Ordinance No. 393 has also been adopted since then. Therefore, applicant has resubmitted a re- design of the subdivision which complies with all the subdivision regulations, and therefore needs no variance. Village June 14, • Page 9 i ~J Council Meeting Minutes 1990 Attorney Randolph agreed there was no variance needed from the Zoning Ordinance, but thought there would be a variance needed from one of the Subdivision Regulations which provides that one has to have access to the subdivision from a public street. Mr. Kennedy stated that that was true, and stated he stood. corrected. Gordon Ripma, representative for Richard DeWitt on subdivision Noit Gedacht stated that at their last appearance before Council, the sketch plan was approved, stabject to front yard lot width at the 25 foot setback. Applicant found, after the plan was submitted, that no subdivisions in the Village ever sought a variance for that size lot width. Ordinance No. 398 allows a 60 foot front yard width at the 25 foot setback. Applicant now submits for that approval. Village Manager Bradford asked if a variance is being requested so that the road could remain private? Mr. Ripma stated his interpretation was that no variance was needed, since the Ordinance stated the road would need to be dedicated. There is a small triangular piece on the cul-de-sac which can be dedicated. Mr. Bradford asked if Council is the proper Body to hear the variance, if one were required? Attorney Randolph answered affirmatively; Council would be acting under Section I, Article 6, which reads: "Where the Council finds that extraordinary hardships may result from strict compliance with these Regulations, it may recommend a variance of the Regulations, so that substantial justice may be done and the public interest secured, provided that such variation will not have the effect of nullifying the intent and purpose of the Comprehensive Development Plan and the Zoning Ordinance itself." Gary Van Brock explained that when the subdivision of Bayview Terrace was platted, recorded, and approved by the Village, there was an easement which was created over a triangular portion of land which showed as a permanent access easement. This would be dedicated to the Village. This land was owned by the original Developer, who, by written recorded agreement, granted the easement to Mr. DeWitt. The original Developer is no longer in business. Therefore, there is no entity, and this is the hardship. Mayor Capretta stated he was concerned about how the definition of setback line applies when there is no existing wall, making it difficult, therefore, to compute whether the lot meets the minimum size requirements. Mr. Bradford explained that applicant's plan shows the "building" line, not the "setback" line, as defined in the Village Code. Mr. Van Brock answered that could not be complied with until the structure is designed. Attorney Randolph explained that the Building Official. took a line of measurement, Village Council Meeting Minutes June 14, 1990 Page 10 ------------------------ since there were no buildings, at the only line to use (the building line, or the required setback of 25 feet in the front yard). There was nothing else to use. Perhaps the mistake, which is a technical one and not a substantive one, is that in the cul-de- sac lot provision, there should have been verbage of going back to the building line, not to the setback line. If the setback line is applied under the present Code, an applicant would only have to come up with a five foot strip at the road and widen out at the end, and show a house on it, showing that the lot at that point is 60 feet and under the present Ordinance „ it would have to be allowed. That was obviously not the intent of the Ordinance. The intent was to make sure that near the road, 25 feet from the road, those requirements were met. Councilmember Collings moved to approve the Sketch Plan as proposed, subject to a variance and the indication by applicant to dedicate the roadway to the Village of Tequesta. Councilmember Howell seconded the motion. The vote on the motion was: Mayor Capretta - for Edward Howell for Earl Collings - for William Burckart - for the motion was therefore passed and adopted. Councilmember Howell left the meeting at 9:15 p.m. X. B) Ordinance No. 405 - Second Reading - Creating Regulations for the Protection of Sea Turtles within the Village of Tequesta. Village Attorney Randolph gave the Second Reading of Ordinance No. 405 by Title. Councilmember Collings moved to approve the Second Reading of Ordinance No. 405. Councilmember Burckart seconded the motion. The vote on the motion was: Mayor Capretta - for Earl Collings - for William Burckart - for the motion was therefore passed and adopted. Village Council Meeting Minutes June 14, 1990 Page 11 ------------------------ S C) Ordinance No. 406 - Second Reading - Adopting by Reference the Palm Beach County "Mangrove Protection Ordinance," Ordinance No. 88-13, as amended. Attorney Randolph gave the Second Reading of Ordinance No. 406 by Title. Councilmember Collings asked if there was anything in this Ordinance that would prevent, ease or change the rights of homeowners to trim mangroves to an 8 foot above-ground level. Mr. Bradford stated he did not thing so, since that was a different rule adopted by the County Commission allowing the trimming of mangroves within the aquatic preserve areas. Councilmember Collings Ordinance No. 406. The vote on the motion Mayor Capretta Earl Collings William Burckart moved to approve the Second Reading of Councilmember Burckart seconded the motion. was: - for - for - for the motion was therefore passed and adopted. D) Ordinance No. 407 - Second Reading - Amending the Code of Ordinances of the Village of Tequesta by Amending Chapter 6, Article V, by Amending the Standard Housing .Code at Section 202, Definitions; and by Amending Section 309.1, Dangerous Structures. Attorney Randolph gave the Second Reading of Ordinance No. 407 by Title. Councilmember Burckart asked what the point of this Ordinance is? Attorney Randolph explained this Ordinance comes about as a result of the amendments to the Comprehensive Plan relating to Housing. These are the Land Development Regulations which the Village is required to adopt subsequent to the adoption of the Comprehensive Plan in order to come into compliance. This portion of the Housing Code has to be amended so as to include these conditions relating to residential structures. Councilmember Collings moved to Ordinance No. 407. Councilmember The vote on the motion was: Mayor Capretta - Earl Collings - William Burckart - approve the Second Reading of Burckart seconded the motion. for for for the motion was therefore passed and adopted. Village Council Meeting Minutes June 14, 1990 Page 12 Z s E) Ordinance No. 408 - Second Reading - Amending Chapter 14, Land Development Regulations, of the Code of Ordinances of the Village of Tequesta. Attorney Randolph gave the Second Reading of Ordinance No. 408 by Title. Councilmember Collings stated that though in theory this Ordinance complies with the Comprehensive Plan, he felt unsure of its intent and would feel more comfortable after analyzing it. Councilmember Collings therefore moved to table Second Reading of Ordinance Ivo. 408 until the .June 28 Council Meeting. Councilmember Buckart seconded the motion. The vote on the motion was: Mayor Capretta - for Earl Collings - for William Burckart - for the motion was therefore passed and Second Reading of Ordinance No. 408 was tabled until the June 28 Council Meeting. F) Resolution 11-89/90 - Requesting the South Florida Water Management District to immediately implement a moratorium on the issuance of private single-family, multi-family and commercial irrigation wells, increase monitoring activities of other permitted users and implement a moratorium on the issuance of the General Permits or increase allocations to existing General Permits for all areas north of the Loxahatchee River with the potential to impact the Surficial Aquifer utilized by Tequesta's Water Department. Village Manager Bradford brought the attention of Council to the Title of the Resolution, fourth line from the bottom, which reads "river and west of" to be changed to "river and east of". He further explained that this Resolution has been prepared in response to the Council's concern that a strong message be sent to the SFWMD that they take appropriate action, such as a moratorium, additional monitoring of current permitted users, a moratorium on general permits and/or disallowing increased allocations to existing general permits for that area north of the River and east of the northwest fork of the River, which is where the surficial aquifer water comes from. Village Council Meeting Minutes June 14, 1990 Page 13 Couneilmember Collings moved. to approve Resolution No. 11-89/90 as submitted. Couneilmember Burckart seconded the motion. The vote on the motion was: Mayor Capretta - for Earl Collings - for William Burckart - for the motion was therefore passed and XI. ANY OTHER MATTERS A) Municipal League Traffic Performance Standards. t~ Couneilmember Burckart suggested that the Village send a letter to the County Commission asking them to consider the options put forth in his letter regarding the Traffic Performance Standards, urging them to study and implement these options. These options would allow for more flexibility. Mr. Bradford suggested the Municipal. League received a copy of the same letter. B) CCNA Plan to be implemented for the Village of Tequesta. Mr. Bradford suggested that if there is not an emergency water situation in Tequesta, the first thing that is needed is the creation of a CCNA team to review the presentations of various engineering firms to do the well projects that are needed to be brought on line immediately in response to the new permit. He felt it is imperative that at least two Council. members be on that team, since it would help the full Council to understand the validity of the request to appoint the firm. The State Statute strongly implies that the selection involve elected officials. It is recommended that the team consist of two Council members; Tom Hall; Mr. Bradford and/or Wendy Harrison. C) Water Surcharge. The proposed water surcharge would be for unincorporated residents of Palm Beach and Martin County. Mr. Bradford suggested that Council let him know immediately if they would be interested in pursuing this matter, since it would be good to implement that now, before the rate study begins. Village Council Meeting Minutes June 14, 1990 Page 14 D) Update on Petition to South Florida Water Management District. Mr. Bradford explained the Petition has been filed to allow Tequesta to change the time of water sprinkling for their system so that greater water pressure can be provided. to Village customers, and so that the Village can comply with the recent variance that Jupiter received for split districts. If approved, this would split the system at the north fork of the Loxahatchee. E) Attorney Randolph reported that approximately two weeks ago, the Village received a Demand from an Attorney Boscheffer, attorney for Pantlin Associates, that, within five days of the date of the letter, the Village reconvey to Pantlin that portion of the roadway (now called Village Boulevard) which was given initially- by the Pantlins, and which, in their opinion, was substituted by the jog made in the road, to provide a 90 degree alignment at U.S. Highway One as required by the DOT. Pantlin Associates gave the Village a Deed to take care of that jog. The Demand letter stated this request had been made of the Village Officials on several occasions, and now Pantlin Associates was demanding that it be done within five days of the date of the letter. Council and Village Manager Bradford did not remember any agreement being made with Pantlin to give back the Deeded right-of-way. Mr. Bradford stated he had received a letter from Mr. Pantlin. on June 13, stating he would like to bring this matter before Council to obtain release of those lands. Mr. Bradford reminded Council that the Village had promised, at some point in time, to amend the Comprehensive Plan to delineate that Village Boulevard would be a 100 foot right-of-way roadway. If that is t.o be done, the Village is in possession of a 50-foot parcel that would make up the rest of that 100 foot, right- of-way. Attorney Randolph suggested it would be necessary to look at the files to determine whether there is anything there that would indicate there was an assumption to give back this Deeded property to Pantlin Associates. Councilmember Collings stated that since Council does remember DOT requesting that Village Boulevard be moved 90 degrees, it is logical to assume this was the original land of Pantlin Associates; it is also logical that Pantlin now wants this land back. It is illogical, however, to be threatened to be sued if the Village does not give the land back within five days. ,,tiVillage Council Meeting Minutes June 14, 1990 Page 15 ------------------------ F) Meeting with northern Palm Beach County Mayors regarding public transportation. Mayor Capretta stated the media, transportation representatives, Karen Marcus and North County Mayors are meeting to discuss getting more public transportation to the North County area. He asked if Council took a position on public transportation? Council responded they would not oppose public transportation in Tequesta, but they would not want to subsidize it. Mr. Bradford felt there would be no harm in studying the issue. G) Mayor Capretta suggested that when members of various Village Board's are sought, it ought to be considered that not all members should live in the same community, and suggested that could be done informally. XII. ADJOURNMENT Councilmember Collings moved to adjourn the meeting. Councilmember Burckart seconded that motion. The vote on the motion was: Mayor Capretta - for Earl Collings - for William Burckart - for the motion was therefore passed and the meeting was adjourned at 10:15 P.M. j , ATTE ~ ,~~ ,{ ,~yl I'' ~ / :4, Bill C. a cavelis Finance Director/VIllage Clerk DATE APPROVED: Respectfully submitted, ~~2~/x~ /(~~~ =~C~~ Fran Bitters Recording Secretary