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HomeMy WebLinkAboutMinutes_Regular_05/24/1990v~ a ~~ ~ 4 ~ v H r 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 M A Y 2 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, May 24, 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, Vice-Mayor Ron T. Mackail, Earl L. Collings, Edward Howell and William Burckart. Village Officials present were: Thomas G. Bradford, Village Manager; Bill C. Kascavelis, Finance Director, and Department Heads. Also present was Pam McNierney sitting in for Village Attorney, John C. Randolph. LEDGE OF ALLEGIANCE II. INVOCATION AND P Councilmember William E. Burckart 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 a moratorium under Item VII. COMMUNICATIONS FROM CITIZENS. o Village Manager Bradford stated he would like to discuss the position of Director of Public Safety for Tequesta under Item XI. ANY OTHER MATTERS. O Mayor Capretta stated he would like to discuss the Tequesta water situation with South Florida Water Management under Item XI. ANY OTHER MATTERS. n U Village Council Meeting Minutes May 24, 1990 age 2 Councilmember Collings moved to approve the Agenda as amended. Councilmember Burckart seconded that motion. The vote on the motion was: Mayor Capretta - for Earl Collings - for Edward Howell - for Vice Mayor Mackail - for William Burckart - for the motion was therefore passed and the Agenda was approved as amended. IV. PUBLIC HEARINGS • A) Ordinance No. 401 - Second Reading - Amending Zoning Ordinance No. 355, as amended, by amending Section IV, Definitions; by amending Section V, Establishment of Districts and Official Zoning Map; by Amending Section VIII, Off-Street Parking and Loading Regulations; by Amending SectionI IX, Planned Residential Developments; by Amending Section IX-A, Planned Commercial Developments; by Amending Section X, Supplemental Regulations, by Amending Section XV, Flood Hazard Areas. Village Manager Bradford gave an overview of Ordinance No. 401: This ordinance is a continuation of the proposed ordinance that will constitute the land development regulations of the Village. Ordinance No. 401 primarily deals with concurrency requirements of adopted levels of service that were provided in the Comprehensive Plan and within the Zoning Ordinance. It also includes some minor housekeeping items that are required. Councilmember Burckart had a number of issues to address concerning this ordinance since he was not in attendance at the First Reading: Under Section 1, Definitions: o There should be included in Ordinance No. 401 for "community use" (a building used for community involvement activities, such as library, auditorium, stage gallery or cultural center), to be a not-for-profit business, though the user could be charged a fee as a means of covering operating costs. Village Council Meeting Minutes May 24, 1990 Page 3 o Definition for "parcel of land" (a land area, not a single platted. residential lot, which is of size and configuration so as to permit development, either residential or commercial, for a subdivision). o Definition of "subdivision" to include `subdivision is not to be applied to a single platted lot within a residential community where it will increase the density.' o Under Section F(41(b), Enclosed Uses: All commercial uses shall be operated entirely within enclosed buildings, except for the following uses: sidewalk cafes and drive-in, drive- through, or drive-up service facilities (i.e., laundry, dry cleaning, and banking facilities). Consider the inclusion to allow outdoor nursery sales (such as K-Mart). Attorney McNierney interjected that additions could not be made at the Second Reading of an Ordinance. Only deletions can take place. Scott Ladd, Building Official, stated that the primary reason for these ordinance amendments were to track the requirements of 9J24 of the Policies and Objectives of the Plan. Provisions had originally been put in this Ordinance to take care of the 90-acre Charette area. That clause has since been removed. This means the Zoning Cade has to be re-visited soon. His suggestion was, because of the tight timeframe, to meet the deadline with DCA, which is July 31, 1990, (in order for the Village to receive the $12,307 for funding) by passing this Ordinance. Then re-visit the Zoning Code to accommodate the Master Plan. Attorney McNierney read Ordinance No. 401 by Title. Councilmember Collings moved to adopt Ordinance No. 401 on Second Reading. Vice-Mayor Mackail seconded the motion. The vote on the motion was: Mayor Capretta Edward Howell Earl Collings Vice Mayor Mackail William E. Burckart - for for - for - for - against the motion was therefore passed and adopted. Village Council Meeting Minutes May 24, 1990 Page 4 Mr. Bradford asked Councilmember Burckart if his discussion was in fact changes to the Zoning Ordinance itself, not necessarily items specifically related only to Ordinance No. 401. Councilmember Burekar.t answered affirmatively. Mr. Bradford stated since Mr. Burckart is looking for an overview of the Zoning Ordinance itself to address definitions, etc., that could be done, or it could be addressed with the Master Plan. V. CONSENT AGENDA All items listed with an asterisk !*) are considered routine and will be enacted by one motion. VI. APPROVAL OF MINUTES AND REPORTS • *A) Tequesta Downtown Development Task Force Meeting - April 30, 1990. *B) Code Enforcement Board Meeting - May 1, 1990. *C) Special Village Council Meeting - May 8, 1990. *D) Special Village Council Meeting - May 9, 1990. *E) Village Council Meeting - May 10, 1990. *F) Village Manager' s Report - May 7 - May 18, 1990. Vice Mayor Mackail moved to approve the Consent Agenda as submi tted. Councilme mber Collings seconded the motion. The vote on th e motion was: Mayor Capretta Earl Collings Edward Howell Vice Mayor Mackail William Burckart - for - for - for - for - for the motion was therefore passed and adopted. ~1 Village Council Meeting Minutes May 24, 1990 age 5 Councilmember Burckart moved that a moratorium be implemented in the Village for 45 days, for all residential and commercial properties, until the Zoning Ordinances are straightened out. Councilmember Howell seconded the motion. Mayor Capretta suggested a workshop session with the Finance & Administration Committee, the Village Attorney and the Building Official, instead of a moratorium. Village Manager Bradford felt a moratorium would be a drastic measure, though he agreed the Zoning Ordinance could be improved. Vice-Mayor Mackail favored a workshop and felt a moratorium could have an adverse effect. The vote on the motion was: Mayor Capretta Edward Howell Earl Collings William Burckart Vice Mayor Mackail against for - against - for - against the motion therefore did not pass. Mayor Capretta asked Councilmember Collings to schedule a Finance & Administration Committee workshop meeting as soon as possible, inviting Mr. Burckart so that he might make his suggestions. VIII. DEVELOPMENT MATTERS • A) Consideration of Application for Subdivision Review. Lot 8, Block 2, Country Club Point. JARA, Inc. RON KOLINS, Esq., Moyle, Flanigan, Katz, Fitzgerald & Sheehan, P.A., representative of JARA, Inc.: Attorney Kolins stated that JARA, Inc. is made up of a father-son team, Joseph and Don Aubree, merely two citizens, not a big, threatening corporation that will be a glut on the community. The colors and styles of their proposed structures will be consistent with the existing community. This is not a situation where a subdivision is being created within a subdivision, but simply a re-platting of one lot, to be subject to any existing covenants and rules on the books. Rules are not being changed. Re-platting is taking place according to the Village Code standards. This is the only lot within this community that can be divided in this manner without a variance. The Village Code dictates here. Village Council Meeting Minutes May 24, 1990 Page 6 TIM GOLDSBURY, President, Tequesta Country Club Point Homeowners Association,Inc.: The Tequesta Code allows for one dwelling per platted lot. The re-dividing of Lot 8 would be a violation of that Code. The Association contends that the above-referenced parcel would not meet the required 75 foot lot width zoning regulation. A letter of appeal was addressed to the Village Building Official, stating the dividing of Lot #8 should be an item that is dropped by the Village Council and referred to the Zoning Board of Adjustment for further review and interpretation of the Code as applies to this case. KEN ANDERSON stated his understanding was that the application was for a subdivision, and the Code is very clear there should not be a subdivision within a subdivision. Once platted, a lot should remain platted in that manner forever. Ninety percent of the community is against the dividing of this property. Council should be representing the people of the community. ALICIA KELLER was against the granting of this application for the division of Lot #8. DR. STANLEY JACOBS stated he felt it would be alright to allow applicant to divide this lot, but that he should not be granted a subdivision. BILL KIRKLAND, Chairman of the Zoning Board of Adjustment, stated that Ordinance 56 is very ambiguous by definition. Council should not have been burdened with this case and it should have come before the Zoning Board of Adjustment. Tim Goldsbury, read for the record, the Letter of Appeal from the Association. Mr. Bradford read from the Zoning Ordinance, Section 8, (c): "APPEALS HEARING NOTICE: Appeals to the Board of Adjustment may be taken by any person agrieved, or by any officer, or bureau or department of the governing body of the Village affected by any decision of the administrative officer charged with enforcement of the Zoning Ordinance. Such appeal shall be taken within a reasonable time as provided by the Rules of the Board by filing with the Clerk of the Board a Notice of Appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action was taken. The Board shall fix a reasonable time for the hearing; (d) An appeal stays all proceedings and furtherance of the action appealed from..." The Letter of Appeal just submitted meets the requirements for appealing the matter to the Board of Adjustment. Village Council Meeting Minutes May 24, 1990 Page 7 Attorney Kolins stated that, clever though this appeal may be, it has no basis to allow this matter to be deferred to the Board of Adjustment. No decision was made by an administrative officer of the Village. The Building Official merely did his job in providing his opinion to Council on the technical issues relating to the application. Applicant is entitled, by law, to the relief he has asked for. The Board of Adjustment has no role in this case. This issue is not a referendum - it's not who brings in the most votes, it's what the law requires. Councilmember Burckart stated he had studied intensely the 19$7 Ordinance, both books, the Comp. Plan, etc. and discovered this is not a variance issue. He felt it was clear from his examination of the Charter what the Village Council needs to do. In 1962 the definition of `subdivision' allowed for the subdividing of a platted lot. Since that time the Ordinance has been revised at least five times in a major way. The new definition of `subdivision' is: "the division or separation of a parcel of land into two or more lots or parcels by means of mapping, platting, conveyance, change, or rearrangement of boundaries. All subdivisions are also developments and shall be in conformance with e subdivision regulations of the Village Code of Ordinances." R-1. zoning says, "consisting of no more than one dwelling unit per platted. lot." Mr. Burckart suggested that the definition of subdivision which goes back to 1962 was repealed and reinforced. many times since then, and there is now no issue with this case. He felt this issue should be tabled and should not come before Council. Councilmember Howell also felt it should not have come before Council. Attorney Kolins questioned whose decision it was if it was not that of the Village Council. Councilmember Collings asked of Attorney Kolins if applicant was willing to abide by the covenants of the Association since they would consider themselves as part of that local community, and being part of that community would cause them to become subject to those covenants in that, if the Association did not want that lot divided, it would not be. Attorney Kolin responded that was incorrect: There is no covenant which applies to this property that precludes what is being applied for. The Village Council. has no right to consider what a private covenant may or may not do by way of affecting this application. Applicant will live compatibly with his neighbors in the community and will be subject to the present rules of that community. Village Council Meeting Minutes May 24, 1990 Page 8 ALICIA KELLER stated this would set a precedent if the application was approved, that presently there are no existing covenants for the Country Club Point Community; therefore, applicant would have carte blanch i.f the application was approved today. Mayor Capretta stated there are two ways to resolve this issue: 1jCouncil could move to accept or reject the application; or 2) a motion could be made to accept the Letter of Appeal that has been submitted and defer the issue back to the Zoning Board of Adjustment. Councilmember Howell suggested since the big issue is the fear of this subdivision issue recurring, allow this application to pass, but at the same time change the Code to prevent it from happening again in the future. Councilmember Collings stated it would not be right to let this one go through, then change the laws after the fact. Attorney McNierney reminded Council that this issue did properly come before them, based on the Building Official's interpretation of the Code. However, the Letter of Appeal from the County Club Point Property Owners Association is Notice of an Appeal by an aggrieved party. Even though the issue came properly before the Village Council, based upon the provision regarding Appeals, the Board of Adjustment would not be granting a variance - they would be interpreting the Building Official's interpretation of the Code. Once that determination is made, the issue would once again come before the Village Council. Scott Ladd reminded Council that Attorney Randolph had advised them that they could approve this application subject to conditions (i.e., remaining a part of Country Club Point Association). Mayor Capretta agreed that could be done. Village Manager Bradford suggested there may be a compromise that would satisfy everyone: o Village Council vote to approve the subdivision of the lot, conditioned by: 1) the subdivision is in no way to be construed as a separate stand-alone subdivision; 2) owners of the one lot to be divided would agree to continue to be a part of the Country Club Point Association and agree to have all of the covenants and deed restrictions apply to their property when those are upgraded; and 3) that the Village Council and Staff would move expeditiously to address the sudivision regulation and/or zoning ordinance to amend it in such a manner so as to preclude the creation of subdivisions within existing subdivisions. Village Council Meeting Minutes May 24, 1990 Page 9 • Attorney Kolins stated applicant would agree to go along with the above proposal, with two caveats: there are two ways the community could frustrate the applicant's rights - 1) the covenants, when they become effective, could contain a restriction which would preclude applicant from subdividing the lot; and 2) the architectural review provision could present a situation that would give the community the opportunity to reject anything that was brought up. Subject to these two caveats, applicant would agree with the above proposal. Vice Mayor Mackail moved to approve the application for subdivision of Lot 8, Block 2, Country Club Point, subject to the following conditions: 1) providing the owners will become part of the Association and follow deed restrictions and covenant requirements, 2) this is not a new subdivision and 3) not subject to any architectural review committee regardless of future construction; and 4) the Country Club Point Association will have to drop the Letter of Appeal submitted tonight. Tim Goldsbury refused to drop their Letter of Appeal. Mayor Capretta stated there would be no vote on this motion since the Letter of Appeal will not be withdrawn; therefore, the issue will be remanded to the Zoning Board of Adjustment for their determination of the interpretation of the Code. B) Consideration of Application for 185.25 sf addition for an office at the southwest corner of the existing clubhouse at Tequesta Garden Condominium, 10 Westwood Avenue. Ralph Johnson, President, Tequesta Garden Condominium Association. Mayor Capretta asked Scott Ladd if there were any problems with this application. Mr. Ladd answered there were none. Councilmember Collings moved to approve the application as submitted. Councilmember Burekart seconded the motion. The vote on the motion was: Mayor Capretta Edward Howell Earl Collings William Burckart Vice Mayor Mackail - for for - for - for - for • the motion was therefore passed and adopted. Village Council Meeting Minutes May 24, 1990 Page 10 IX. NEW BUSINESS A) Ordinance No. 405 - First Reading - Creating Regulations for the Protection of Sea Turtles Within the Village of Tequesta: Attorney McNierney read Ordinance No. 405 by Title: "AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, CREATING REGULATIONS FOR THE PROTECTION OF SEA TURTLES WITHIN THE VILLAGE OF TEQUESTA; PROVIDING FOR TITLE, PURPOSE AND DEFINITIONS; PROVIDING FOR MANAGEMENT COORDINATION; PROVIDING FOR GENERAL PROHIBITIONS; PROVIDING FOR SEA TURTLE PROTECTION PLAN, APPLICATION AND PROCEDURES; PROVIDING FOR GENERAL STANDARDS; PROVIDING FOR STANDARDS FOR SITE DEVELOPMENT, NEW AND EXISTING BEACH FRONT LIGHTING, NEW AND EXISTING BEACH ACCESS POINTS AND MECHANICAL BEACH CLEANING; PROVIDING FOR ENFORCEMENT ANDPENALTIES, AND CONFLILCTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE." Jack Horniman, Village Planning Consultant, gave a brief overview: Ordinances 405 came back in the Objections, Recommendations and Comment Report from DCA. They specifically wanted to see the Village dealing with the protection of sea turtles. This Ordinance parallels the County's Ordinance for sea turtle protection. Wording has been changed to make sure the enforcement, fines, etc. are in line with what the Village has. Aside from those changes, this is basically the same as the County's. Councilmember Collings moved to approve Ordinance No. 405 on First Reading. Councilmember Howell seconded the motion. The vote on the motion was: Mayor Capretta Edward Howell Earl Collings William Burckart Vice Mayor Mackail - for for - for - for - for the motion was therefore passed and adopted. B) Ordinance No. 406 - First Reading - Adopting by Reference the Palm Beach County "Mangrove Protection Ordinance," Ordinance No. 88-13, as amended. • Village Council Meeting Minutes May 24, 1990 Page 11 • • Attorney McNierney read Ordinance No. 403, by Title: "AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, ADOPTING BY REFERENCE, THE PALM BEACH COUNTY "MANGROVE PROTECTION ORDINANCE , ORDINANCE NO. 88-13, AS AMENDED; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE." Jack Horniman gave an overview: Tequesta has been operating under the County Ordinance since 1981. Most recent amendments to that Ordinance were prepared in 1988, under which the Village has been operating. No change is recommended. Vice Mayor Mackail moved to approve Ordinance No. 403 on First Reading. Councilmember Howell seconded the motion. The vote on the motion was: Mayor Capretta Edward Howell Earl Collings William Burekart Vice Mayor Mackail - for for - for - for - for the motion was therefore passed and adopted. C) Ordinance No. 407 - First Reading - Amending the Code of Ordinances of the Village of Tequesta by Amending Chapter 6, Article V. Attorney McNierney read Ordinance No. 407, by Title: "AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE VILLAGE OF TEQUESTA BY AMENDING CHAPTER 6, BUILDINGS AND BUILDING REGULATIONS, ARTICLE V, HOUSING, BY AMENDING THE STANDARD HOUSING CODE AT SECTION 202, DEFINITIONS; AND BY AMENDING SECTION 309.1, DANGEROUS STRUCTURE; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE." Jack Horniman gave an overview: This comes specifically from the Comprehensive Plan. This is a two-part Ordinance: Section 1 concerns the Standard Housing Code, 1988 edition, the most recent edition; also being adopted are the definitions that occur under Housing Conditions for residential structure, standard conditions, substandard conditions, and the need of replacement, which dovetail with the requirements under the Standard Housing Code. This is a specific policy in the Comprehensive Plan which is being implemented through this Ordinance. Village Council Meeting Minutes May 24, 1990 Page 12 Councilmember Howell moved to approve Ordinance No. 407 on First Reading. Vice Mayor Mackail seconded the motion. The vote on the motion was: Mayor Capretta - for Edward Howell for Earl Collings - for William Burckart - for Vice Mayor Mackail - for the motion was therefore passed and adopted. D) Ordinance No. 408 - First Reading - Amending Chapter 14, Land Development Regulations, of the Code of Ordinances of the Village of Tequesta: Attorney McNierney read Ordinance No. 408 by Title: "AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 14, LAND DEVELOPMENT REGULATIONS, • OF THE CODE OF ORDINANCES OF THE VILLAGE OF TEQUESTA, BY PROVIDING GENERAL STANDARDS APPLICABLE TO THE LAND DEVELOPMENT REGULATIONS OF THE VILLAGE OF TEQUESTA; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE." Jack Horniman gave a brief overview: This is a general standards Ordinance being incorporated under Chapter 14 of Land Development Regulations in the Code of Ordinances. All items listed under General Standard come directly from the Comprehensive Plan, which could fit nowhere else in any of the other Ordinances being adopted. Vice Mayor Mackail moved to approve Ordinance No. 408 on First Reading. Councilmember Collings seconded the motion. The vote on the motion was: Mayor Capretta - for Edward Howell for Earl Collings - for William Burckart - for Vice Mayor Mackail - for the motion was therefore passed and adopted. Village Council Meeting Minutes May 24, 1990 Page 13 • Councilmember Burckart asked why septic tanks appear in this Ordinance if, in fact, the Village requires new subdivisions and new development to tap into the sewer where it is available? Scott Ladd responded septic tanks would be necessary in areas where no sewer is available. Jack Horniman responded that if certain conditions can be met under Environmental Control Rule No. 1 under Florida Statutes, then that is permitted. These are administered through the South Florida Water Management District and the Health Department. E) Authorization to Execute Proposed Interlocal Agreement providing for Fire/Rescue Services in the Village of Tequesta by Palm Beach County Fire/Rescue MSTU. Village Manager Bradford gave an overview: The last time this was on the Agenda, Mr. Bradford requested that the Council withdraw or postpone consideration of the Agreement. Council was asked to do that again tonight. Mr. Bradford explained he was reasonably certain that the wording in this Agreement will be acceptable to the Council. The reason for withdrawing this evening is due to the fact that Mr. Bradford is waiting to receive something in writing from the County regarding that. Councilmember Burckart moved to table the proposed Interlocal Agreement to the next Council meeting. Councilmember Collings seconded the motion. The vote on the motion was: Mayor Capretta Edward Howell Earl Collings William Burckart Vice Mayor Mackail - for for - for - for - for the motion was therefore passed and adopted. F) Resolution No. 10-89/90. Approving and Authorizing Execution of an Interlocal Agreement Between the Board of County Commissioners of Palm Beach County and the Village of Tequesta for the Enhancement and Maintenance of the E-911 Emergency Telephone System. Village Council Meeting Minutes May 24, 1990 Page 14 Village Manager Bradford gave an overview: This Agreement is the new annual Agreement that will probably be in force for years to come. This is the mechanism that is used for the County to reimburse the Village for certain costs for the E-911 System installed in the Village Police Department. Vice Mayor Mackail moved to adopt Resolution No. 10-89/90 as submitted. Councilmember Collings seconded the motion. The vote on the motion was: Mayor Capretta - for Edward Howell for Earl Collings - for William Burckart - for Vice Mayor Mackail - for the motion was therefore passed and adopted. X. UNFINISHED BUSINESS A) Ordinance No. 402 - Second Reading - Requiring that Adequate Public Facilities Shall be Provided Concurrent with Growth and Development and Consistent with the Adopted Level of Service Standards (LOS) Established in the Village of Tequesta Comprehensive Development Plan. Attorney McNierney gave the Second Reading of Ordinance No. 402, by Title. Village Manager Bradford gave an overview: This Ordinance will help the Village to comply with the Land Development Regulations Requirements per the Comprehensive Plan. No changes were made at first reading. Vice Mayor Mackail moved to approve Ordinance No. 402 on Second Reading. Councilmember Collings seconded the motion. The vote on the motion was: Mayor Capretta - for Edward Howell for Earl Collings - for William Burckart - for Vice Mayor Mackail - for • the motion was therefore passed and adopted. Village Council Meeting Minutes May 24, 1990 age 15 B) Ordinance No. 403 - Second Reading - Adopting by Reference the Palm Beach County "Wellfield. Protection Ordinance," Ordinance No. 88-7 as amended. Attorney McNierney gave the Second Reading of Ordinance No. 403, by Title. Village Manager Bradford gave a brief overview: Ordinance No. 403 is also a part of the Land Development Regulations. The Palm Beach County Wellfield Protection Ordinance is currently applicable to Tequesta, formally made so by Council's own action of adopting this Ordinance. Councilmember Collings moved to approve Ordinance No. 403 on Second Reading. Vice Mayor Mackail seconded the motion. The vote on the motion was: Mayor Capretta - for Edward Howell for Earl Collings - for William Burckart _ for Vice Mayor Mackail for the motion was therefore passed and adopted. C) Ordinance No. 404 - Second Reading - Adopting by Reference the Palm Beach County "Coastal Protection Ordinance," Ordinance No. 90-2, as amended. Attorney McNierney gave the Second Reading of Ordinance No. 404, by Title. Village Manager Bradford stated this adopts by reference Palm Beach County's Coastal Protection Ordinance. Councilmember Burckart asked if the current County Ordinance applied to the Village today? Mayor Capretta said he did not think so, but suggested that all Councilmembers receive a copy of Ordinance No. 90-2 for clarity on this issue, to decide whether the County would have control or the Village. Village Council Meeting Minutes May 24, 1990 Page 16 Vice Mayor Mackail moved to table Ordinance No. 404 for Second Reading until the June 14, 1990 Village Council meeting. Councilmember Collings seconded the motion. The vote on the motion WaS: Mayor Capretta - for Edward Howell for Earl Collings - for William Burckart - for Vice Mayor Mackail - for the motion was therefore passed and and Ordinance No. 404 was tabled. XI. ANY OTHER MATTERS A) Village Manager Bradford explained that approximately two weeks ago the interviews for the top candidates for the Public Safety Director took place. Those interviewed were: Leonard Keller, Franklin, Pennsylvania; Edward Himelsbach, Palm Beach Gardens, Florida; John D'Ariano, Ocean Ridge, Florida; and Greg Spencer, Lantana, Florida. Tonight Council was to be presented with a contract for consideration of hiring Greg Spencer, but because the Village Attorney had a death in the family, he has not yet had opportunity to review that contract. However, Greg Spencer was in attendance tonight to be formally introduced to Council and to the community. Mr. Bradford called Mr. Spencer to the podium and introduced him. Mr. Spencer stated it was both an honor and a privilege to be recommended by Mr. Bradford for the position of Public Safety Director. Mr. Spencer explained to the community what the role of a Public Safety Director actually was. Mayor Capretta suggested a workshop session of the Public Safety Committee and Greg Spencer to discuss exactly what kind of Public Safety concept needs to be implemented for Tequesta, and asked Mr. Bradford to schedule that before June 14. Councilmember Collings stated he had a vague recollection of earlier discussion about choosing a Public Safety Department by referendum and asked Mr. Bradford to check to see if that route was decided upon. Village Council Meeting Minutes ay 24, 1990 age 17 B) Mayor Capretta asked Mr. Bradford for an update on the status of the South Florida Water Management District (SFWMD) issue. Mr. Bradford stated the Village should know in the next couple of weeks what the SFWMD recommendations will be relative to the Village's concerns on permits. The Village Staff instructed Gee & Jenson this week that no matter what the outcome, to make sure the Village was given enough time for the Village Staff to have a strategy session; then, either have a Council Workshop meeting or Finance & Administration Committee meeting to look at that strategy. The news is not as good as Council might have hoped, but the issue is still being debated. Final decision has not yet been rendered. Compromise is possible. XII. ADJOURNMENT Councilmember Collings moved to adjourn the meeting. Councilmember Burckart seconded that motion. The vote on the motion. was: Mayor Capretta _ for Vice Mayor Mackail for Earl Collings - for Edward Howell - for William Burekart - for the motion was therefore passed and the meeting was adjourned at 10:08 P.M. Respectfully submitted, `~~~~ . Fran Bitters Recording Secretary ATT~ _ ®/f~ ~, Bill C. K scavelis Finance Director/VIllage Clerk DATE APPROVED: ~-~ i~,,/990 -- •