The URL can be used to link to this page

Home My WebLink AboutMinutes_Regular_05/10/1990 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 I: A G E C O li N C' I L M E E T I ~; G M I N li T E S M A Y 1 0 1 9 9 0 I. The Tequesta Village Council held a regularly scheduled meeting at. the ~-'ill_age Hall., 357 Tequesta Drive, Tequesta, Florida, on Thursday, May 10, 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 ~. Capretta, Vice-Mayor Ron. T. Mackail, Earl. L. Collings and. Edward Howell. William Burckart 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. III. INVOCATION AND PLEDGE OF AI_;LEGIANCE Vice-Mayor Mackail gave the Invocation a.nd led those in at.t.endance to the Pledge of Allegiance to the American Flag. APPROVAL OF AGENDA Village Manager Bradford stated he would like to give an update on the Tequesta permit. situation with South Florida Water Management. District under Item XI. ANY OTHER MATTERS. Councilmember Collings moved to approve the Agenda. as amended. Vice-Mayor Macliail seconded t.ha.t. motion. The vote on the motion was: Mayor Capretta Earl Collings Edward Howell Vice Mayor Mackail - for - for - for - for the motion was therefore passed and the Agenda was appro~,-ed as amended. Village Council Meeting Minutes May 10, 1990 . Page 2 ------------------------ IV . Pi.?BI:IC HEARINGS A) Ordinance No. 401 - First. Reading - :mending Toning Ordinance No. 3:~5, as amended, by amending Section TV, Definitions; by amending Section ~', F,st.a.blishment of Districts and Official Zoning Map; by Amending Section VITT, Off-Street Farking and Loading Regulat.iens; by Amending Sect.ionI ~, Planned Residentia.] Developments; by Amending Section TN-A, Planned Commercial. Developments; by Amending Section k, Supplemental Regulations, by Amending Section Ni', Flood Hazard. Areas. • Council.member Collings asked about. Ordinances 402, 403 and 404. Mr. Bradford explained these were amendments of the Zoning Ordinance. Therefore, Ordinance -101 is a 7on_ng Ordinance amendment, and requires a public hearing. Scott Ladd explained it. is the same as it was in the Comprehensive Plan. A1.1 of the goals, objectives and policies of the Plan wr taken into account, and adjustments were made to the Toning code, the subdivision regulations, and created twelve additional new ordinances. All of that, is per what, the L'illage Council. already adopted i_n the Comprehensive Plan. Vice Mayor Ma.cka.il asked if al]_ been made. Mr. Ladd answered. found not. t.o be in complianc That is a separate issue. Counoilmember Collings moved to Reading. Council member Howell. the motion wa.s: Mayor Caprett.a Edward Howell Earl. Collings Vice Mayor Mackail changes requested by the State had "no", that though the Village was e, none of the above effects that. adopted Ordinance Nn. 401. on First. seconded the motion. The vote ors - for for - for - for the motion was therefore passed and adopted. William Shannon, of St. Judo's Church, stated he would life to make a few comments. The Zoning Code in the C-2 commercial disti~,ict previotasly inserted churches and community rases in the Special. Except,ions provisions of C-2. Some time ago, churches a.nd community uses were deleted from the C-2 Special. Exceptions provisions. The effect. of that is t.o make c.~hat was a conforming use of St. Judo's Church, a non-conforming lzse. T am here t.o rtsk Village Council. '.`leeting "linut.es "lay 1 0 , 1990 • Page 3 ------------------------ the Village Council to reinsert churches as a Special Exception rase in the C-2 zoning district. The effect will not, be to take a.caai- any of the power of the Village Council as it. presently stands. T_t merel-y converts what is a non-conforming use hack into t.i~re conforming use that it, previously raas. Presently, there are a nr-rmher of community uses that. are permitted as special. exceptions in C-2 (public utility structures, buildings such as water pumping st.at.ions, water treatment plants, libraries, governmental facilities, museums and art. galler5-s) all. exist in the C-2 Special Exceptions . T worn] d 1 i ke t.o see cht.rrchPS reinsert...ed i n order t.c-> create a conforming rase out. of St. Jade's Church. The. overall effect on St. Jade's Parish is quite great. The result would tie that they could proceed r,-i th t}lei r hrri loing plans. As it. preser.tl- stands, St. .7rrde's is limited to maintaining their facility only, tai t.hout, doing a major addition, re.novrrtion, or demolish and reconstruct. ~%il.lage Manager Bradford gay-e the ~''i_]lage Council a hit of history: Ordinance No. 35:x, which today constitutes the Village's 7,oning Ordinance, was adopted in August, 198'7. What was thor.zght would t,e a simple amendment; began in September 1986, therefore t.alzi_ng 11 months t.o come up with tio. 35a"". The beginning of the • process had to do with the discover~° of the Ladonni C7arage incident on t'.fi. Hi.ghraay One. The Village (,ounci), at. that, time, instrract-c>d Village staff to "clean trp" and reduce-~ the hermi_tt.ed uses in the C- 2 zoning district. That has been done. What rased t.o be 18 or so permitted uses now is roughly 8 or 9. Staff a.tso decided at. that time to eliminate churches as a permit.t.ed_ use, or species] exception, in that, particular case, because it. had the potential of greatl5• limiting the tax base of the Village, since most. of thF~ remaining -~~a.c-~ant. land for devc:lopmer~t was wi ti,i n the C'-2 distri r,i- . At. that. time (4-5 years ago) i_t teas never contemplated that St. Jade's C"hutch would need to demolish and/or build a new churcl; fa.cifity. ,4ttc,rney Rando]ph e~;plained to Corcncl that r.-hat Mr. Shannon c~:~~: aching i s that. Courrci l put a simple clar~se in Ordi_nanc.e tio. ~-101 tonight. at. First. Reading, so that, when. it is advertised and read for Second Reading, it would alr~~eady be included. ^1r. Shannon stated that was correct. He felt. it would be just. as easy to do it tonight., as a. later date. ^'ia-yor C'a.pretta asked, if the request was not. gr~anted this evening, and fit. .lode's church asked for a special. exception later on, could the Council grant, that" !1tt.orney Randolph answered_ that could not. be done without a zoning change. dlr. Brad-ford explained the variable is that zoning-in-progress has been. declard within the St. ,lode's Church area., which means any development c.ontemplat.ed which • Village Counci_1 Meeting Minutes May 10, 1990 Page 4 ------------------------------- is in cont.ra.vention of the proposed Yrses within the Mast:.er Plan cannot. occur. However, whatever this new zonng district wi11 be for the master Plan does contemplate a church. A case coY~ld be made that. at that. point in time, the> problem `Tr. Sha-neon ha.s presented will take care of itself. Vice Mayor Mackail felt. it did not make sense to amend the zoning now t:li i 1 e in the process of the ^9aster Plan, and that the V-i l lage ought. to deal with the Church on a one-to-one basis, ~~hen they-<lrF> ready to bu:i_ld. Mr. Collings felt, if churches were put. back i_n thc? Ordinance as permitted use, it «ould be negating the Council decision of 1987. Mayor CapY°etta stated he would not. 1~i_ke to see the church propel't~- which is present.]y designated as a par}; area. in the Master P1a,n, t,o be sold off to a.not.her church. He t.~orzld prefer to wait, until. the Master Plan is firm ire the minds of the Council, and unti]_ the Village decides what it is going to do. The Village would not attempt, to int.errYapt. the Church's bt~i lding 1,1_ans or stop them fror;~ replacing their bui.]ding. ~'1~`e Mayor ~}a(~}iall Stated he agreed Filt.i'1 '~tY'. harlrlon but. felt. ]t was in the hest interests of the Village t.o ta.ke the regtirest under • advisement., review it with the Village staff, but pass Ordinance \o. 401 tonight on First, Reading, He felt it. would. be difficult to make a zoning change at a. public hearing. Councilmember Collings asked if the change could be made on Second Reading. Attorney- Randolph e~pla.ined tha-t. this would be a substantial change to to}:e place on Second Reading, which would not have been advertised, if indeed it. wa.s not to be put ir1 tonight. at. First Reading. This could not, be done on Second Reading. The type of investigation that, would have to be done would have to come subsequent to Second Reading and adoption of this Or•cl i Hance . Countil.member Howell moved to table Ordinance An. x]01, to take into considerat.~ion St.. .7ude Church's request. Countilmc:,n;ber Collings seconded the motion. The vote on the motion was: Mayor Ca.pret,ta - opposed Edward Howell. for Earl Coll ings - fO1' Vice Mayor Mackail - for the motion was therefore passed and was adopted. Mayor Capretta asked Mr. Shannon when the Church plans t,o proceed with building. Mr. Shannon ans~~ered, "'got. immediately- - perhaps late in 1990." r 1 U ~ i llage Counci 1 Meeting ~lintzt:es `lay 10, 1990 Page 5 Village Manager Bradford reminded Council of cahat they had just done regarding Ordinance tio. 401: They voted 4-0, first of all, to approve the First, Reading, then voted 3-1 t.o table the Ordinance. Clarif~ica.tion was needed. Mr. Bradford explained the issue is merely a policy question - no factual detailed analysis needed to take place. It,'s merely a maintaining of control by the Village of that area trnt. l Counc~ 1 decides what. to do regarding the ^'laster Plan, if anything. The P].an will have fle~ibilitS-, the Church wi11 be contemplated in the P1 an. If and when the Church decides in t.ht= future they are ready to go with building a.nd the Village Council has not yet made cap its mind, Council leas the power to make 2:oning changes to accommodate the Church's desires. att.orne5' Randolph eZpla.ined that, technically, what. should happen pis, that. someone who voted on the prevailing side of the initial motion should make a motion to reconsider. ("ouncilmember Howell moped to reconsider the first motion, wh~cE~ adopted Ordinance tio. ~;Ol on First Reading. Councilmember Collings seconded the motion. The vote on the motion was: Mayor Capretta - oppn~;f=~c3 • F.dwa.rd Hot.-e11 - for Farl Collings for Vice `9a~-or ~ta.cl:ai ] - opposed the motion therefore did not, pass. 4t.t.orney R.andol ph etpl wined the se~,ond mc;t i on j,:~~ otrt. of order, since the first. motion had been passed a.nd no motion to reconsider had been made. There are still two conflicting motions on the flog - one motion passed. the First Reading of Ordinance tio. 101 and the other motion voted to delay. In face of the motion wi~>>ch was just. made, if a motion is made to re~~onsider the second motion, there might also be a 2-? vote. ~1 vote 3-] to reconider would have t.a.ken the first. action off the boo};s. Council's action to not. reconsider wocald mean that. the first. action stands and. the second act. i on t o t.;zb1 e i s out. of order . Council's vote of 4-0 in favor of adopting 0~°dinance tio. X101 an First Reading stands. ~', COti~RtiT AGFtiPA Al] items 1ist.ed with an a-st;erisk (~) are considered rnutine and twill. be enacted. by one motion. • Village Council Pleeti_ng Minutes ;~1ay- 10, 1990 Page 6 ------------------------------- V'I. APPROVAL: OF "II\C'TES <~\D REPORTS *A) Board of Adjustment, April 16, 1990; *B) Finance &. Administration Committee - April 1G, 1990; *C') Tequesta Downtown Development Tasli Force - April 20, 1990; *D) Village Council MFet,ing - April. 26, 1990; *F..) Vi 1.l age Manager's Report - April 23 - May 1, 1990; Vice Mayor Macl:ail moved to approve the Consent Agenda as submitted. Counclmember Collings seconded the motion. The vote on the motion was: Mayor Capret.ta - for Earl. C'oll.ings - for Edward Nowell - for Vice ?`layor Mackail. - for the motion was therefore passed and adapted. VIT. COMMti'~ICATTO1vS FRO'`1 CITIZ,E~S (See attached Sign-Tn Sheet). Since the majorit~r of those citizens who signed in wanted to speak on Items VIT_I Al and >3), their comments are covered under that Item. t'T T T . DEVEI.OPME~T MATTERS A) Consideration of Application for Subdivision Review. Lot 8, Block 2, Country C"lub Point.. Jt1RA, Inc. TIM GOLDSBt?RY, President, Tequesta. Country Club Paint I~Iomeawlc~~~r~. Association,Tnc.: Mr. goldsbury displayed the ``'caster Plan n` Country Club Point. developed 28 rears aga. I3eca~~se this Plan wac est.a.blished 28 ;:ears ado, any- interruption in the Plan should not take. place now by dividing an already platted lot.t.-ithin that. area.. The people of this Association do not believe that Ordinance No. 56 for Regi.al a.t.i rrg Subdivision of I:and was ever intended to re- subdivide an ekist,ing platted. and approved subdivision as a means for obtaining a variance to the Zoning Ordance, especially fo,~ property- c-:ithin a single-family° residential cammunit.y-, zonirz districts such a.s R-1 and R-lA. The Assot,iati~n believes thF~ proposed subdivision of T:ot_ f3, Bloc'>.-- 2, s1~lotzl_d have been submitted to the Zoning I3oard of ~'~dju:~t.mf~nt, fc~r a varian<,e. It. i.s th~~ Associat.i.on's pas i.t.ion that Lot. 8B does not meet the zoning . redui_rement,s regarding minimum. lot. width. The Associatic-,n requst.ed that. Gunril refer this matter to the Zoning I3oard of Adjustment. Village Council Meeting Minutes May 10 , 1990 Page "r ------------------------------- Mayor Capretta remitlEded `Ir. Coldsbury this application needed. no variance. Therefore, it has not beenr.eferred to the Zoning Board. of Adjustment.. D~VTD PRESLEY, Esq., Moyle, Flanigan, Katz, Fitzgerald & Sheehan, P.A., representative of JARA, Tnc., stated he gathered the Association was concerned that. it L.as not possible t.o split a lot. within a subdivision. I.;oolong at, the definitiotl of "subdivision" in Tequesta's Zoning Code specifically states that a subdivision i=. a number of things, one of which is a- re-st_ihdivision of an ezi_sting platted lot. Regarding the POA and Deed R.estri_ct.ions: Tn the event, there are any- Deed R.est.ri ct i of-,s wh icl] prE=sent 1 y- apply- t~ the property, applicant st.ipT~la-ts they still apply- after t_hc, sTTbdlvlsion. Applicant hati no IE~gAi poL.er to a.vo]d any- :`alld Domed Restri cti nns ;phi ch prE e;itl;.° appl y-. `~1r. Pre~:7 ey believes there ~1r'r- c~Trrer.tl y- no Deed R~~~stri E,ti nn, can t.hE~ :~fE~,remF~nti ~,ned property. Mr. !'roldsblTr~: Presl ey hel d ',pri': ~~ f;~om :epti, tanks ('lul, Point r stat,~d th,~ seT.-er, ,-.,tE-~m L,;;~ ail do ~-, l;rnhlem. 1ttr,=,n~~~- i ;i }~atid_, ~:T~d r;re~.E,T;tt=~d tc~; CE~t~nci l , ;~n Ordet~• d~.tE-~•ci thE? P~:1 sT, Be~iE~h ~:;t,r~ty- He,:il th Depai~tmPnt, approv,il f;-,r nn e,lr~li of the. tc;c) n~ l; lots. Isen Anderson, Country esident complained that. this appeared to be a, last- r~inTTte apliro~-a1 c;hich t.h? Association was not made a.wa.re of. ;~1r. Bradford pointed. out. the approv:~l Leas given even before the 1_a.st. Cot.ncil meeting of two L~eelzs ago. Much controversy ensued, covering the same complaints of t}iP previ otzs meet, .ng regarding the same issues . Mayor Ca.prett,a asked Building Official, Scott Ladd, if there were a.ny tether lots within CountZy Club Foint L.hich were large enough t-, he re-divided. Mr. i;add answered, "not. without a :-airsance". C;ouncilmembE=r Collings sY.~zt.{'d hE-~ li~-t~~, right aE,ros: tiTe street. fr•~,m the property in clue.=,t.i on. Therefore, he approaches the issue from a different point of v i eTa. He stated he has no object.i on=, to having t.wo houses across the street from him. His concerns were: 1) the apparent. difference in commttni_cati_on vaT:~i otts buyers have h;~d from the tillage staff, of those reports are true; ~) the biggest. gt~~oup of concerned c:it.izens he has seen since his Council e~:peri.ence are all ~~~,ncerned about. one item. Council., being in representa.t.ion of the citizens, should take full cognizance of these concerns; and 3j the concept. of d_i~-iding an existing I-ot, a.~~, it. was conceived and as subsequent Villagers moved in was objectionable to him for many subjective reasons. He felt the issue should be remanded back to the Z,oni.ng Board of Adjustment.. Cottncilmember Howell agreed. with Coucilmember Collings. n Village Council ''teet.ing l~ii.mrtes May l0, 7990 • Page $ ------------------------------- ^layor Capretta asked Attorney Randolph to address the "subdivision within a. subdivision" issue. Attorney Randolph related that whether this was considered. a lot split., or a subdivision, it is covered under the Village Subdivision Ordinance. If this were simply a lot split., it cor.zl.d have been done by appli.cant., without, applicant having had t.o come before this Council, or befor?t.he Zoning Board. The Ordinance, i_n this case, i.s drafted in a manner which is more strict than State La<<, and more strict than most. municipal ordinances which require t-hen three or more lots are being subdivided, Cizncil approval is needed. The Village has are unusual ordinance. The Building Department. held a discussion c.ith At.t.orney Randolph regarding this aj;plicat.ion. The, determination was made that becausc of the definition of "subdivision", the application dial have t.o come before the Village Cuncil. That. definition reads: "The division of a parcel. of land into two or more.. lots or parcels..." and further states it. also relates to "...a resubdivisior~ of land heretofore divided or platted into lots, sites, or parcels." If the Village Ordinance did not. contemplate the resrzbdivision of an already platted lot, there would have beF~rt no need for the 1_anguage which states you "need to have a. subdivision approval. for• subdivi.si.ons of land. heretofore divided or platted into lots, sites or parcels." This is why it is before Council. It is not, a staff or engineering matter; it is not a si t.uati.on that. i s putting the Council. i.n a position of having t.o discuss matters that a.rP not within it.s purview. Staff did not have the right. t.o pass this on to the Zoning Board. of Adjustment. The 7oni_ng Board has spe-ci.fic powers under the Village Ordinance: it. has the right to grant variances when variances are applied for. cinder the a.ppli.cation of the Village Code, as has been applied throughout the years, there was not. seen any reason to send. this on to the Board of Adjustment, because it was not seen that. a. variance was neede.rd Attorney Randolph could not legally suggest. t.o Council that they have the poc.-er to pass this on to the Zoning Board of ;ad_just.ment since there is a specific ordinance which tal.hs abor.rt those powers, and 1-.his is not, included. L'nl.ess Council takes t.hP position that, the Vi ll.a.ge staff is wrong in the application of the definit.i.on of lot ~.~idth, it cannot, be sent hack. If the staff is wrong, then they have been. ~:rong' in the a.pp]ication of lot. width, not. only only this lat., but on several lots in the past, and. a.ll of those which have gone t.o the 7.oning Board. Mayor Caprett;a. summarized: Ther are a lot, of issues: Country Club Point, residents are opposed to the granting of this application; the residents of other communities are opposed; the owner of the property- ha.s a For Sale sign up, but doesn't mean an,y-thing; the septic issue really doesn't mean anything at, this point, especi~11~- when approval has been given by the Health DE>part.ment. The real issues axe: Are the lots big enough, do they comply with minimum Village Council 1`leeting Minutes May 10, '1990 • Page 9 ------------------------------- • requirements; hoc,- is the front of the 1_ots measured. Attorney R.andolph's expl.ana.tion of the lay.- i.s quite clear. Village staff ha.s re-cheol.ed the work a.nd found it to be i.n compli_ance. There is no variance required, therefore the issue does not come before the 7,oning Board.. Councilmember Collings stated the people wanted this to comp before the 7_,oriing Board of adjustment since they felt. that Board could not be sued as Village Council could. Attorne~- Randolph explained that was not true. In event. the appl.i<~ant, were denied 1,y Council, he could choose to do one of several things: 1) file a petition for ~~rit. of C~x'tiorari to Circuit. Court and review the decision and argue it before a three-judge panel., which would either affirm or reject. the Council's findings. That would have t.o be filed wit:.hin 30 daS-s of the action. Then, it. could take 6-8 months or longer to arrive at. a. final. deci_si_on; 2) the same action could take place in regard t.o the Zoning Board of .~djr~zstment. If this goes back to the Board of adjust.mF~nt, and. a variance is approved, the nett step would be for the application to again appear before Council to make a determination as to w11e-ther or not there shall be a subdivision, which is exactly t~l~.at is being considered here tonight. The on1~.- way i.t would not come back befor Council is if the Toning Board c,f Adjustment considered it a.nd did not. grant a variance. Mr. Bradford. stated that., based on t.~liat '~ttorrYe,. Randolph has told Council, the only ~.-ay to turn this application down would be to find that the Building Official has improperly applied the Code in this instance. Vice Mayor ylackai.l moved t.o approve the application for subdivision of Lot. 8, Block 2, Country C'1_ub Point.. Mayor Capret;ta passed the gavel and seconded the motion. The vote on the motion wa.s: Mayor Caprett.a Edward Howell Earl Collings Vice Mai-or Mackai_1. - for opposed - apposed - for the motion therefore did not. pass ar.d the issue t.as postponed until there is a full. quorum. Village Counci 1 Meeting "Iint.rt.es May 10, 7990 Page 10 ------------------------------- B} Consideration of Petition for the Village to accept. a.s public road that private road easement knoc.'n as Shay Place. V"i.llage Manager Bradford submitted to Village Council_ a, Petition signed by property ot.-ners nn Sha~° Place which requests that the Village accept. as public road that. private road known as Shay Place. Also given to Council_ were cost estimats to bring the roadway up to acceptable Village construction standards, and a written history of the Shay Pl.a.ce stabdivision. Mr. Bradford rcommended to Council that theynot. accept these pri_vat.e road easements, since the record does riot reflect any intention that it. ever become public right.-of-way. However, that does not. necessar.i.ly mean that it has t.o stay that. way. In the event the Village Council wishes to accept Shay Place. as a public roadwa~r, it should not, do so until such time as the road is appropriately modified t.o comply with acceptable Village road standards at the expense of others. The history of this roadway goes back many, many years, beginning with 1955. SHARON HAYWARD, 2i Shay Place, spoke in representation of the residents of Shay Place: • o Residents of Shay Place were st.trprised to find their street was a private road, and theref.:~re not, to be m~~int.ained by the Village of Tequest.a. When a new home hui_lder nn Shay P1ac~~~, applied to the Vi_Ilage. Building Depa.rtme~.t for permits, he taas informed building permits could not be issued due to the lack ~f a suitable .r.oad i.n ordeer for public services to ber provided. tot.he lot. with an unrecorded plat. Issues rFgat'di_n, drainage and cttilitS- services had to he satisfactorily resolved. o From No~-ember 198? through August. 1985, numerous meetings Caere held between certain owners and the Village to arr i~-e t. an acceptable proposal by which the ot.-ners would prop: id_e certain infrastr~zctttre t~ithin tl~e t,nrecot~ded plat t h~:t would a..llow the Village tc, i_ssue bui 1_d ing pf>rmits for the homes of various lot owners t,ithin that. area. o A cop3- cif ~ rasF.,me,~,t Agreemcznt for Pinetree Terrace ~~as submi tt.ed to the Village, indicat ing that eachlot o~:ner ~~ould maintain t}Ie pa.vF~ment. line within his own property. • ('ouncil l~leeting Minaatp5 ti i l lag`. 1.990 ~1a~, 10 , -_-_ Page 11 --------------- urthasei3- the ------______ ,ac-t.inn p reed t,:~~ (~c~~nst~r tioY t1~tc? ag l 98:? , '~ort}~a't' ~ t i Ps • of PE",..:mbar the ,~~oad util~ to spec:ificationsthE > -. n '~o~-embPr- t ~ for o the road Tines t.o n e•isamen of pa~,-in,~ tha sewer ~-ent.rc,~l various tompTetE cast and the Teduest~, Encironmededicated to ~<iv of tc,hae Ri~-er thEn be 1 V `i page l,c~aha tra.nte the of the line would t. the en ci f i ta.t i ons and sewer poc,t age ~ of spe Tha rand Entity the building tiorthco for E tre>e: st.ri ct.. eta goti'E~Y~nmf~nt Bi- 1'y 7robTam, pin t.he- ~appi"'<~~ari~ ~urc•hasea-l the T was alsa~~ f ~ to ,,,E mEd~. ~f the road t.e effort' head-. DesP a t.ha' is t ha road • t a~ grow undei~~ s a.nd st,ra>E c,ont i nua ~ es , rc>ad~ lot or° ha~a,t.s saabdivi ded sat 'prti~atE ai~very • tha dedicated street:, sodas t The, ~ i 1 1 aga ~,i teal , and ,~ ubl i tly c, be TaT'oh i . from p road`' s1~aT 1 T,E ser~'a d a Sri vote. steal 1 `Pt. torsi derPd l read ~.;as not p~,i~pert~~ Shay Place ,~T~- their Then t~ac>~ Why 1 `` told pray i c,ti.. were- t Kara>i'orE replaced Plata, rESidant-`' it ~ afi Sha~ and. ride enoaagh . o to st.andarda , ~:as not ~; i 1 laga~ aap the ~,+, ;eat from +he ~~ iT 1 aga (~~a~tanti 1 t.o he>tomE Td wPri, t a' i nt,ended la>t.ter to of Ste`" found ~ n a. P] ac,a wa.s nE~'a ~' intent, Tt wa.s that Shay tha nphc~`'~ite 1.983• r~ Bradford This was t i nterat si n~= f' Manager right-of-way' of tha .t 'dente' •~-~s{~~ta. a piabl ~ ~; i tla c_~~ ~ subd~- a • res~ dart s' t hay" ~.e'ra. raa ~ 1 " Place told "two or more were lion as Plate reside>i~~ts a subdi~"i- o ghat' ala srr aba (~.oa~c s Shay P1`i`~c~ . Shay h .ar, t"i page l1 Tot:s in to a {'Yo TharE arc e,~;pl a i ne.d d_shal: T-.add , a tear Stott ~~~; passad nn Thompson Official, a,. Harp, and tY Building tha' road ~ianag ', in o is that- ct.or, farmer theY,E anything resider Tnshe, s Baai l ding ,~ wi tna's`~ • ant" formE'r as ~a>>•T-,,~1 anreem' Scot 1 T.add t s aroaan i,it=h ~,h ha•olail~i sE,~ond time ~,'i-T l age ~'oda,~; ~;h ~ ~l t,ha ~ subst anda , t.hPi r dut-y•~' road was ~~aal 1 .- a 7 foi°m T f t.ha ,a.s}.ad t n P' tlaE btadgtt tt ~~ ~~ not. '~,orthc moraF"~ in hoad t.. why was ~;as -,cr there f ~ om a pr7 ~ -~ asl,ad i f t m<3ti ~ a' a~; of ;hay Pl aca' at f i (';ol 1 ino- c Es ~>i,al ~nr.tac,t".Ed a ~.t~~ , Couna~ i 7 mamber the aca.Ept an ' - Bra.df tc-, Tagtia cover ~ ~la.~"aager t-.hair aasamaa~t s ,-attapt.~ i ; . could Village' ,~ dadit~ate' if {~oa:nc'~-l public road• Plata ra5i dan ~_ cf tl~a Vi 11agE ~ the r~ t ~- Onca Shan ~ of tha ~)Y'Cl~)a1' tha ~~f,p.~]rll1~, roaaT batomes i f , i n answa~~•a-,d ask<''d Bradford i s C.oll_ings ~1~.~' roper ~et.ion die" i., that ~f' p Tf tl~E' C`.oaanc i l member t.he'ra' r he, t ra'g's t }aa> pa•obl i'ms t,o do damage' • t ,~„ ~ t, t woaild One of continue. as a ily~ ti;ill ~ iP7 wa~,E pu 1 nEtESSar t a roots - eta bar~a' t.ha' l a a11d a i C1Yl(~Y• taka'~"a, t rimma'd • roof ~ c;a1"a soT ~-a t.ha' hrcibl a-m ~'i l.lage ('ounr~i i `legit i ng `Ti nt,tes ~1ay 10, 1990 Page ] 2 ------------------------------- ~lssumit,g the handsha}ce sirs. Haywood spoke of earlier t.as t}~e acceptance of the street as a public, right-of-way-, that is a power which strictly- lies in the hands of the ~~"illage C~ouncit. The record shows t.ha#: thc> Z" 11 age Counc~i 1 , through years of hi stort_, a.lwa-y-s considerd it to be road easement. Tn fact, the ti-illage granted i n 19 i 7 easc~mertts where the Fire St.at.i on property' i s located, to accommodate the desires to ha~-e same sort of a road tc; ser`-e that area. An P;-zsement: i c=, ^1 ea.rl~° not. t}~e same thing as public rc~a.d z°ight.-ef-~~~.y-. Scott. Ladd explained thE~ history- of Shay- Place: "lt started before T took the position of Brail.ding Official. The unrecorded plat. of Pine Tree Terrace t.~as initially p~;,epared as an unrecorded plat within unincorporated Palm Beac}~ C'ct.;nty in ?9:i:~. .fit that time it. was net in the Vi 1 1 age . 4dhen cer#-a in 7 andowners approached ;`1r . iTarp, he t:anted to take this through the subdivision rep i et: process. The. landowners at the time said, "'~:o. [~'e don't, fee.1 t.-e ha~-e t.o gn through #:he t"i l l a.ge' s s,ibd i ~ i s i on regulation process . we are a 1 ready- a 1 E#-lot , znrecorded plat. Therefore, we c}znse not. to do that." Time went. by, more disczzssions were held. ~t some point. in the program, ^lr. Butterfield retired as Building Official a.nd T came on boa.z:~d. a landoz.-ner requested building permits to build houses on Pine Tree Terrace, and l refused to issue Bui]_ding Permits, because: 1) there ~:as no way- t~ pr~perl.y° serve the houses that. ~.ould he located ther•c~. \c~ one e~-er suggested at that, time that the road become a public right-of-z-.gay-. The landowners c-~-er•<~ merely- i.nt.erested in getting permits tc~ build. on ghat. they- felt were properly- laid out lets. Councilmember Collings stated that. since these people a.re nog: V'i llage residents through annexation, the L~illage should find a wa;. to handle the road situation. Ma.y-nr Capretta felt. the road should be brazzght up to sped f c.~t.ions be•fare the ~'i 11 age accept s } t . ~~i c,e `iay-or ':`'[acka i 1 ~~ti};ed ~~hat. i t wozal c: to}~e to bz~3 ng the rc;ad ttp t ;~~ today°'s standards° Scntt Ladd resp~nd~d tT,r~ rlart~owest right-c-~f-tea, accepted toclzjy- i s ~,(` fc>~,± . An addi t i ori~;l 1:: fee. t. would have to be obtained on the Wort}~t, a.nd ~ feet on the south, allowing fnr :~ '.?!? foot road, 1 ~ foot s~-:ale, and a. 1 :~ foot utility easement or, t:he north side. Additi_onrzl ease.ment.s would ha~-e to be dedicated to bring it t.tp to :~0 feet. • Village Council "~}eeting `linl_zt.es May- 10 , 1990 Page 13 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - F `Ir. Bradford thought. <: reasonable compromise would be for Shan- Flace resi.de~~~,s to: 1) create a Homeowners Association, caith lOC% property ones participation, with covenants and deed restrict.i.ons, c~~it,h the~r~responsibili.ty to maintain the common area (the retention area. ~n~ort~ of the cul-de-sa.c); 2) dedicate the roadway area to the Village; and 3) Coczncil could accept. it, the Village would rel:~air it, and it. becomes a public road. Vice Mayor Mackai l mo~-ed to accept the process that Shay Plr-ice residents will create a. Homeowners Asso,.,iation with 100% homeowner part.i.cipation, caith deed. restrictions and covenants, that, the ;lssociat.i.on t~-i11 maint.ai.n the common area, they will dedicate the road t.o the ~'i 1. lage of Tequest.a , and the V'i 1 I.age w i 1 1 make the necessary repairs to the road. Couricilmember Collings seconded the motion. The vote on the motion was: Ma~-or l~apretta - for F.,dward Howell for Earl Collings - fc,r Vice Mayor Mackail - for the motion was therefore passed and adopted. IX. NEW BUSINESS A) Ordinance No. 402 - First Reading - Requiring that Adequate Public Facilities shall be provided concurrent with Growth and Development and Consistent caith the Adopted Le~-E~l of Service Standards (LOS) Established i_n the Village of Tegtaesta Comprehensive Development. Plan. Attorney Randolph read Ordinance No. 402, by Title: ".\' ORDINANCE OF THE VILLAGE COUNCIL OF THF. VILLAGE OF TEQUESTA, PALM BEACH COUNTI', FLORIDA, REQUIRING THAT ADEQUATE PUBLIC FACILITIES SHALL F3E PROVIDED CONCURRENT WITH GROWTH AND DEVF.L,OPMENT AND CONSISTENT WITH THE ADOPTED LEVEL-OF-SERVICE STANDARDS ESTABLISHED IN THE VILLAGE OF TEQiISTA COMPREHENSIVE DF,VELOPMENT PLAN; PROVIDING FOR. TITLE; PR.O~'IDING :~ TABLE OF ADOPTED L~EVET_, OF SERVICE STANDARDS; PROVIDING FOR ENEMPTION OF SINGLE FA^1I L1' DWF..LLINGS AND DL'PLENES; PROV"IDING FOR. PROHIBITION; PROVIDING FOR CONCURR.ENCh DETERMINATIONS FOR REDEVELOPMENT; PROVIDING FOR SEVERABILITI'; PROVIDING FOR CODIFICATION; PROV IDlNCs AN EFFECTIVE D,aTF.. " Village Council Meeting Minutes May 10, 1990 Page 14 ------------------------------- Councilmember Collings moved. to approve Ordinance No. 402 on First. Reading. Councilmember Howell seconded the motion. The vote on the motion was: ?Mayor Capr-etta - for. Edward Howell fox' Earl. Collings - for Vice Mayor Mackail - for' the motion was therefore passed and adopted B} Ordinance No. 403 - First Reading - Adopting by Reference the Palm Beach County "Wellfield Protection Ordinance", Ordinance No. 88-7, a.s amended. Attorney Randolph read Ordinance No. 403, by Title: "a ORDINANCE OF THE VILLAGE COtiNCIL OF THE VIL,LAC~E OF TEG~t'ESTA, PALM BEACH COI'NTS', FL:OR.IDA, ADOPTI_NC~ Bl' REFERENCE, THE PAL^I BEACH COL?NTti~ "wELI:FIELD PROTECTION ORDINANCE", ORDINANCE NO. 88-r, AS ,4MENDED; PROVIDING FOR SEVERABII_:ITY; PROVIDING FOR C"ODIFICATION; PROVIDINGx AN EFFECTIVE DATE." C'ouncilmember Howell moved. to approve Ordinance No. 403 ,~n First Reading. E'ice ^Mayor Mackail seconded. the motion. The' vote on the motion ~~as: Mayor Capretta - for Edward Howell for Earl Collings - fog' Vice Mayor Mackail - for the motion was therefore p~.ssed a.nd adopted. Councilmember Collings asked hots Tegt~esta's water wi-thdrawal. Mr protects it. C"} Ordinance No. 40-1 - First. Reading - Palm Bech County "Coastal Prot.ec No. 90-2 as amended. this ordinance impacts Bradford explained it. Adopting bz- Reference t.h~-• tion Ordinance", Ordinance Attorney Randolph read Ordinance No. 404, bS- Tit.le: ~'~ ORDINANCE OF THE VILLAGE C'-OUNCIL OF THE VILLAGE OF TEQt'EST~~, PALM BEACH COUNT~r, FLORIDA, ADOPTING BY REFERENCE, THE FAL"1 BEACH C'OLTNTY "COASTAL PROTECTION ORDINANCE", ORDINANCE °~O. 90- 2, AS AMENDED; PROVIDING FOR SEVERABII_ITI'; PROVIDING FOR CODIFICATION; PRO~'IDINCx.AN EFFECTIVE DATE." Village Council Meeting :`Ii_nutes May 10, 1990 • Page 15 ------------------------------- Councilmemher Collings moved to approve the First. Reading of Ordinance ?~o. 40=I. Council..member Howell seconded. the motion. The vote on the motion was: Mayor C'aprett,a - for Edward Howell for Earl Collings - for dice Mayor Mackail - for the motion was therefore passed and. adopted, D) Resolution No. 9-89/90. Providing for Amendments to thr Village Bt.zdgets Adopted for Fiscal Year 1989-1990. .attorney Randolph read Resoli.ztion ?~o. 9-89/90 by Title: "A RF.SOLi'TIOti OF THE VILL.1CsE COL?~CIL OF THE VILLAGE OF TE~I~ECT.~, P.aI.~I BEACH COIiNTY, FI,OR,ID:'~, PROViDI'~G FOR AMEtiD^ZEtiTS TO THE VILLAGE BIiDGETS .ADOPTED FOR THE FISC.IL YF..AR CO`IMEtiC'I\G OCTOBER 7, 1989." • Mr. Bradford Budget, i:'ev ~;i dated April necessary to f:i-seal year, year. P:zp ions 2G. the a r. d lamed this Resolution p~ o:~ides for tlio indicated ir. Bill Iia.sca~ elis' memorandum It. actually formalizes the amendments Budget by ~-irt.ue of Council actiot, this carryover encumbrances of the last. fiscal V:i.ce Mayor Mackail moved to approve Resolt.~t,ion \o. 9-89/90. Councilmember Collings seconded the motion. The vote on t.lie motion was: Mayor Ca.prett.a - for Ed-ward Howell for Earl Collings - for Vice Mayor 'vlackail - for the motion was therefore passed and adopted. E) authorization to Execute Proposed Interlocal :\greemf~nt. providing for Fire/Rescue Services in the Village of Tequesta by Palm Beach Count- Fire/Rescue MSTU. Village Coz~ncil `leeting ~~Tirrutes `lay 1 0 , l 990 • Page 16 -------------------------------- ~Ir. Bradford e~,plained t-hit , t.i;~izgh h~ is pl c.asec~ i;t~th the terms of thF: ~re,emc~rit , ; .~ t l,e last i;eek there 1~as Dome a question relit ire to the ~-alidit- of the new Fa lm Beacl~z Coz.rnt,° Fire/Rescue `1STt" which i s proposed. to ser~-e Tequesta., as rc~ferenr~ed i n this =:gr'f~emc~~;± . ~zzrrent: ] y Tequesta rece i ~-es t lie ser~-ic,E~ from ~ISTL '~~. ? In Janl.zary, the Palm Beach County („ommission appro~-ed the merger of the three coastal. ~1STi;'s into one `1STt' :;hick thc~j- refer to now as Fire/Rescue MSTi~ . That. act. i on , i n acrd of i t ~sel f , ~; i 1 1 car:se Tequest.a t f: hare. an 1~-20%, brzdget. increase for Fire/Rescue. The Froper~ty Appraisers Office told the Fi z~c: ; Rescrze Department thr~ t bemuse they did not. rece.i~re this change b; the Co~~r„; Commission prig to J.~nu;~r;: i , l 990, i t. is of the c~pi ni or. that this cannot ti,E., legal7;. ,mt;1F>mentec', for tam ye<zr ]990. Therefore, C°o~rnc,i i may not e:-en t;ant to sign this Agreement. rant i l the ent.i r°e issue of ~-al idi ty i s sol~-ed. ~1r. Bradford suggested postponing the .agreement so that he might, check further into details. Council agreed. F) ConsidF.ra.t.ion of Inter]ocal '~greemen+, with Solid ~aste~ Azzt.hority of Palm Beach County fc~r :`lunicipal R.e~cycling. ^1r. Bradford ezpl aired this Agreement, has been appro~-ed by ? ~~ of the muni ci pa1 i t i es in Palm Beach Corant5-. The major pro~~isions are that the Village is required to provide a. recycling curb-side collection scr~°ice to its residents. The pro~-isi-on alread-;~ e~;ist.s in the franchise with tiichols San i. tat i on . The ~"i l l age must. pr,:~~-i cte the So] i d Mast.e ~4ratori ty i;i-t.h rel e~°ant information on its rec,y-cl ing program: i chol s already gi ~-es informat.i on to the Village to bE~ l~as~=.c>d nn t.o the Sol i cl t;astP Arrth~ri t.~.. Tl~e major impact of the <lgr cement. i ~; i n paragraph l 6 , ~,-h i c~h obligates the t'i l lage t.o transfer Title of the collected recyclable materials to the Solid Waste Aut.horioty. By doing that., the authority assr,m~-s the risk of marketing the materials, in ret.urr. with the Village procidi_ng them t;ith a guaranteed source and flow <:,f the materials. `1r. Bradford recommended the CoLUZCil azzthori ~F~ this '~greemPnt. Village Council Meeting 'climates May 10, 1990 Page 17 Vice Mayor Mackai_1 moved to approve the Interlocal agreement wi.t.h the Solid Waste authority of Palm Beach County for Municipal Recycling with the authorized signature for approval. Councilmember Howell seconded the motion. The vote on the motion was: Ma~-or Caprett.a - for F..dwa.rd Howell. for Vice Nlayor Mackail - for the motion was therefore passed and. adopted. C'ouncilmember Collings was out, of the room. C) Acceptance of Downtown De~~elopment Tas}i Force Final. Report. and Recommendations. r1 U Mr. Bradford explained the Final Report of the Task ForcF: for the Downtown Development Master P]an had been presented to Council. He explained that. Jack Hornimati, Village Planning; Consultant, peat the document together. The only- revision suggested by the Task Force is that the Report reflect. the names of the Tas}i Force members at some point in the document.. The document gives a history of t:.he Task Force, with recommendations to Vi 1laJF~ Coczncil. '`1r. Bradford read those recommendations for the benefit. of the public. William Shannon, St. Jud_e's Church, stated the Church obj~~t~-: to the Master Plan as drawn. Councilmember Collings s~zggested Council meet, in a workshop to stud- the recommendations. `Iayor Capret.t,a agreed a c~orkshop was a good idea. and suggested that Mr. Bradford schedule that,caorkshop. Counci lmember C'ol l ings moved. to accept, t}le Docntown Development, Tas}i Force Report. of Recommendations t~ Council for the Master Plan area.. Vit~F: Mai-or n~tackail seconded them motion. The vate on the motion was: Mayor Capret.ta F.dwa rd Howe l l Earl_ Collings Vice Mayor Mackail - for for - for - for the motion was therefore passed anr', adopted. • ~'i 11a.ge Council ?~1eeting `Iimate~; May 10, 1990 Page lR H) Appointment to Jupiter's Indiantown Road and Bridge Task Force. (Earl. L. Collings current.]y is ~-.O.T. rep, a.nd is interested i_n cotinlzing to serve.) Councilmember Mot.ell moved to reappoint Earl T.. Collings a.s the represent. a.t.ive for the tiil]age of Tecluesta to Jupiter's Indiant.own Road and }~ridge Task Force. Vice Mayer ~Iackail seconded the motion. The vote on the motion was: Mayor Capretta - f;~r Edward Howell fo~~ Vice ``ta.yor Mackai l - for the mot.i on ~.as therefore passed ar~~d adopted . ~. t"~FTtiTSHF_.D I3ITST'~ESS • ~) Ordinance ivro. 397 - Second Reading - Amending the Code of Ordinances of the Village of Tequesta Icy providing fc>r Chapter ]~ Land Development. Regulations. Attorney Randolph gave the Second Reading' of Ordinance ~o. 397, b~- Ti t.l.e. Vice Mayor Machail moved to approve the Second Reading ~~f Ordinance No. 397. Counci.lmember Collings seconded the' motion. The rote nn the moi-.ion ~.~as: Mayor Capretta. - for Edward. H~we1.l for Earl Collings - for ~~ i ce Mayor. Macl.ai l - for the motion was therefore passed and a.dopt.ed. B) Ordinance No. 39R - Second Reading - Providing for ~ `~F~i.- Comprf~hensive Subdivision Ordinance. Attorney Randolph gave the Second Rt:.adin~ of Ordins~ir~~~~~~ ":~,. 398, by Title. '' i I ! r_ig~• C'~~anci 1 Meet i ng `linutes tita5' l0, 7990 Page 19 Councilmember C°ol lings mo~-ed to apprn~-e the Second. Reading c-7f Ordinance No. 398. Ccuncilmember He~~e11 seconded the motion. Th~-~ ~~ot e on the mot. on was Ma,y-or Caprett,a - for Edward Howell. for Earl Collings - for ~~ l ce '`4aeor Macka i l - for the motion was therefore passed and adopted. C) Ordinance 'to. 399 - Second Reading - treating the Village~~f 7`eque~ta Ens°1 ronment ~~1 7 ~ Sensi ti ~-e T,~~nds Ord i panne . 4ttorne~- R.andoll>h ga.~e the. Sec;,nd Reading of Ordinan~,e tio. 399, by° Ti_tle. ~~ ~ re. ^la~-or '`lacka i l m~-„ ed t o appro~~e the Second Reath ng ~~f Or~d~inrance '~~o. 399. Coizncilmember Howell seconded thF~ motion. The ~~oi.e nn thE, motion ~.a.s: Ma~-or Capretta - for Edward Howell. for Farl Collings - for Vice ^layor `1acl,-a 1 - fo;, the motion wa.s therefore passed and adopte~~l. Mr. Bradford. asked. i f the Count- ~ommissir~,r~ i r:tend~ to makF their Ordinance can enairnnmentall~' sensiti~-e laru~s appl c~~~i~nt.~-wide, would it, app]5- to Tednest.a, even though Teduesta. -~~as not: adapted Orc~in~~nce Ao. 399? at.torney° Rar~d~~lph answered, "no", that. the Count~~ t.~as concerned abut communities which rare ~pt.ing ot.at . P) Ordinance No . ~ C)0 - Second Read i n~' - ~'reat.i ng thE~ ~"i l l ag~~~ :~f TF~Husta To~i~~ an~~ Hazardous Substances and ^9aterials Ordinance. ~ttorne5- Randolph ga~-e the Sec:~nd Reading of Ordinance `:~~. X00, b~; Tit)e. • ~-i7lagE, Co~.,nci.l ^leetir~~ '`1in;~tes `lay 10, 199 • Page 20 Counci lme mbc-•r Collings i1io~-ed to app;-nom ~ Cz~d nancf-~ ~o . -1 ()0 ;~i: fir: c•~r.c1 Reading. Ccaur~cilrnember Hoc:ell sec~,nded the in:itlnn. Thy: ~'Ote on t:he motion w<.s: `Iayor C,apre t to - f;. ,, Edward Ho~.-E>1l `''~r' Earl Co1.l ings - f`~~ ~- i ,-, e • Mayor `iac•I~a i ~ - `'' t 1"1.'. mCit,IC1I1 w~~.~' thP.2"'P~IlT"'~` i -~`~Fd •?11[~- :'.(~i j;~ 'i_i. Z i . '1'~~" CTHF.R. ~L~TTrRS ~17" l~rfl~~ '~l'.`d yil :~~_7 d,~,~ ~Clt;ht' ! [:' t 1". 11 'iipti (~~ ti`iE?riCi17t1; Fl :)~'l dJ-: [~`at,«r ~1~~~~,r:g~~;nc>r~~ ni ti ~ ,.~t's~t~~ff r~>h~~r~t to the go~-nr~ni-ng k~o~zrc~ of the District- relati~« ±~~ Te~~:esta'=; permit application. Council's c~nnsidef~~~t inn ~,f apprc,~al fc:r additional fi-,nding for Gee ~. Jc'n:=;on t~ p,ursue t1~e issue, depending on the Village's course of r~cti.on t~ i th the D i st.ri ct , i s nF:eded . The Di_si1•ict approved the Village's req~.ests relati-z-e to the. ~~-extern peninsula which the Teduesta Country Club and Country Cluh Foint. sits on; gave i.tp to 3.66mg/day° from the Floridan ~gi.~ifer; however, on the ea.st.E rn peni nsizl a , staff recommended cut~~re~~~t allocation of up to ~.rtlg/day be reduced to 1.2img/day. On fac+f~, value rFycommendation, that-. means immedi~;t.Ply. That has >~ ~,ccmbF~r• ~`,' disastl,nus impa<_~ts on tl-~e Zvi l lags. Tf that. ta.lties plac?e, 1) there c:ill the water c-some frc~~~n~i t.o mai;e up t.h~~ di fferencf~. The lei l lags contract, with J~zpitc~~r states that if annual allocations from them incre~.ses, Te~uesta. would be obli-gated to buy that amount. ever, year thereafter nnt.i 1 the cont.ra~.,t, tet~~•mi Hates i n thE- rear X00 i Tt seems titr~~nge tha Y t.hc- Z'i l lags l->ei ;1g t.hF> h~zbl i c iat it i.t~-, 1~ei ng forced t.o provide salt. water intrusion mor7itoring progr~.~ms and test. tells, sho~zld be forcF~d t~ ctzt, basic. dingle family homeowners arc cont.i_nued t,o be allows>d to have we.7 1s 1 o c.~ater their 1a~:2~is. ~,Ft~~1D cannot tei 7 hot. much t.'ater Rini,er uses to make concrete at. their pla-nt. SF~I`~iD continues to gi-ve Rui-ad I_.andscaping t:ater, yet, asps the ~'i l lags to cut back. Tt. was t.};ought, that perhaps a.r~ admini-strati-e hearing shc~i;~ld be sought., before an admnist.rat.iave .7t~dge. Ho~~ever, after meeting ~..it:h the engineers, and kater Department Manager, and tiillage :~t.torney, it i~~as decided t.o a.pply for another 'Q-day extension from SFW1~1D t.o go aver these isst:es ire detail. with them, with the other variab]_e being the ~'ill.age feels the SFGdMD model is o~-erly conservative for this peninsula, anr', hopefully prove to them that. the v"ill.age needs a higher allocation r~ Village Counc,i 1 Meeting Minutes May I0, ]990 Page 21 ------------------------------- from the eastern penir,stzla, at, least-. tznt.il such time as it is able to bring thF: other wells nn line in other locations. The request. Letter has been written. Council aut.horiza.tion is needed for an extra $6,000 t.o authorize Gee fi:. Jenson to pro~-ide hydrology information and data to SFWMD to hopefull;: prop°e to them this is not. the route t.o go. Vice Mayor Mackail mo~-ed to r~ppro~-e an additional $6,000 expenditure t.o Gee ~ Jenson to provide the needed information to the South Florida. L~a.ter N[anagement. District regarding Tequesta's water si_t.uataon. Councilmember Collings seconded the motion. The vote on the motion was: Mayor. Capretta, - for Edward Hoc.ell far. Earl. Collings - for Vice ~'Ia.,yor Mac};.ail - fnr the motion was therefore passed. and adopted.. YII. AD.7Oi_'R~"IE\T Councilmember Callings moved to adjourn the meeting. ti-ice Mayor Mackail seconded that. motion. The vote on the motion was: Mayor Capretta - for Vice Mayor Mackai7_ - for Earl Collings - for Edward Howell. - for the motion c~-as therefore passed anr', the meeting c.a.s adjourned ,a t, 17 :00 P.^1. Res- ectfully submitted, ~~~ Fran F3i t.ters Recording Secretary ./ , ~.... i` Bill C. I'. scave]_i s Finance Director/VIllage Clerk DATE APPROVED: