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HomeMy WebLinkAboutMinutes_Regular_08/24/1989• 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 I A U G U S T 2 4 1 9 8 9 T E S I. The Tequesta Village Council held a regularly scheduled meeting at. the Village Hall, 357 Tequesta Drive, Tequesta, Florida, on Thursday, August. 24, ]989. The meeting wa.s called to order at 5:30 P.M. by Mayor Joseph N. Capretta. A roll call was taken by the Recording Secretary. Councilmembers present, were: Mayor Joseph N. Capretta, William E. Burckart, Ron T. Mackail, Earl L. C'olli.ngs, and Vice-Mayor Edward C. Howell. Village Officials present were: Thomas G. Bradford, Village Manager; Wendy Ft. Harrison, Administ,rat.i.ve Assist.a.nt to the Village Manager; John C;. Randolph, Esquire, Village Attorney; Department Heads and Bill t;. Kascavelis, Finance Director. II. INVOCATION AND PLEDGE OF ALLEGIANCE Coizncilmember_ Ron T. Mackail gave the Invocation and led those in attendance to the Pledge of Allegi_a.nce t.o the American Flag. III. APPROVAL OF THE AGENDA Village Manager. Bradford asked that a modification be made to the Agenda allowing Centel Cable Television Company of Florida t.o make a presentation to immediately follow the Public Hearing since thosE speaking for Centel Cable had another engagement t.o at.t.end. Mr. Bradford asked for allowance under "Any Other Matters" to permit d.i.scussion of the Code Enforcement. Board enforcement procedu~~es, and a:Lso a discussion regarding the Task Force recommendation for Council to consider implementation of "zoning in progress" within the study area of the Task Forr,e. With the above amendments the Agenda wa.s approved. IV. APPROVAL OF MINUTES AND REPORTS ~) Tequesta Downtown Dev 1989; B} Village Council Meeting - ,august 10, 1989; C) Village Manager's Report - August i-18, 1989; i• Village Council Meeting Minutes August 24, 1989 Page 2 ------------------------------- Councilmember Mackail asked regarding in the CAB July ]9 report i.n referent sign as to whether it was approved as recommended changes were to be made. stated the issue was that some of the with the wood sign versus a CBS block Bayview Terrace proposed si to the appearance of the submitted or whether Village Manager Bradford CAB members were concerning structure. Vice-Mayor Howell move to approve all of the above Minutes and. Reports as a whole as submitted. The motion caas seconded by Councilmember Burckart. The vote was: Mayor Joseph N. Capretta - for Vice-Mayor Edward C. Howell - for William E. Burckart. - for. Ron T. Mackail - for Earl L. Collings - for the motion therefore passed and was adopted. V. COMMUNICATIONS FROM CITIZENS ,i.m Pilz, of the Tequesta Downtown Development Task Force, wanted to address amending the Village Zoning Ordinance relative to Ordinance No. 390. He stated he was concerned since in the upcoming Charrette and the possibility of possible zoning changes coming out of that Charrette, that perhaps Co,!ncil ought not to approve any more than they had. to regarding this issue, waiting to see the outcome of the Chair.ette. Mayor Capretta stated that exactly what Council caa.s going to attempt to do, and in fact it was his concern that the proposed Radi.sson not be held up in the pursuit. of their. development. Village Manager Bradford stated he recollected from the last Village Council ^4eeting the Landscape Ordinance would be held in abeyance and to proceed with Ordinance No. 390, recognizing Council may very well have to come back to it again t.o include those issues that might come out, of the Cha.rr.ette, as part of a larger zoning ordinance amendment. To do so would enable the Radisson to continue to move forward. Tim Goldsbury was concerned with the uniform waterway control r=~pla.ining that citizens i_n his neighborhood are concerned oat avi ational hazards. He stated b re ardin boat lifts creatin n g g g g ifts are allowed to come out, at least 10 feet. as a permanent. ;tructi.zre beyond the six foot dock and that promotes real hazards i ~~ canals 85 feet, or less. Mayor Capretta st.a.t,ed since this issue t=a.s the next item on the Agenda, Council would at this time proceed • :;ri to the Ptabl i c Hearing . Village Council Meeting Minutes August 24, 1989 Page 3 VI. PUBLIC HEARING A) Ordinance No. 390 - First Reading - Amending the Village Zoning Ordinance by Providing For New Landscape Open Space Requirements, Increasing Maximum Building Heights, Amending Front, Side, and Rear Yard Setbacks, Amending Maximum Lot Coverage and Amending Dock and Pier Length Computations. Attorney Randolph stated they had proof of publication of the first public hearing for the adoption of Ordinance No. 390, this was a public hearing giving the public opportunity to comment in regard to the Ordinance. Attorney Randolph read the Ordinance by Title: "AN ORDINANCE OF THE VILLAGE COt?NCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING ZONING ORDINANCE NO. 355, AS AMENDED, BY AMENDING SECTION VII, SCHEDULE OF SITE REGULATIONS BY PROVIDING FOR MINIMUM LANDSCAPE OPEN SPACE IN THE C-1, C-2 AND C-3 ZONING DISTRICTS IN THE AMOUNT OF TWENTY- E~1VE PERCENT; BY INCREASING THE MAXIMUM BUILDING HEIGHTS ''+~'TTHIN THE C-2 ZONING DISTRICT TO FIVE STORIES/SEVENTY FEET l.` HEIGHT; BY AMENDING THE MINIMIJM SIDE YARD SETBACK REQUIREMENTS IN THE C-2 ZONING DISTRICT SO AS TO PROVIDE A MINIM[JM SIDE YARD OF TEN FEET AND A MINIh1UM OF TWENTY FEET AT INTERSECTING STREETS AND WHERE CONTIGUOUS TO NON-COMMERCIAL DISTRICTS; BY AMENDING THE MINIMUM FRONT YARD, SIDE YARD AND REAR YARD REQtJIREMNTS SO AS TO INCREASE SAME BI' FIVE FEET FOR EACH STORY ABOVE THE THIRD STORY WITHIN THE C-2 ZONING DISTRICT; BY AMENDING THE MAXIMUM LOT COVERAGE IN THE C-1, C-2 AND C-3 ZONING DISTRICTS TO FORTI' PERCENT; BY AMENDING SECTION IX-A, SUB-SECTION (E) RELATING TO PLANNED COMMERCIAL DEVELOPMENTS BY INCREASING PERMITTED BUILDING HEIGHTS TO SIX STORIES OR EIGHTY-FOUR. FEET; BY AMENDING SECTION XVI(B) RELATING TO DOCK AND PIER LENGTH BY PROVIDING THAT MOORING DEVICES, BOAT LIFTS, DAVITS AND WHIPS SHALL NOT BE CONSIDERED IN COMPUTING LENGTH; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE." Attorney Randolph commented on mooring devices: Section 3 in the Ordinance relating to that matter was a section which was inadvertently taken out of the Grdinance when. it was codified. The Ordinance relating to mooring devices and whips previously provided that those devices should not be used. in computing dock length, and when it was codified it was on the next page and just got left out. That was brought. i• Village Council Meeting Minutes August 24, 1989 Page 4 ------------------------------- to the attention of the Board of Adjustment at one of their meetings, and in fact, the Board of Adjustment asked that this be brought back to Council to see that it. be put back in. There were several. problems concerning non-conforming docks within the Village, someone would come in and ask to simply repair a boat lift or something of that nature, and each time that was done, if their dock was non-conforming, they would have to come back before the Board of Adjustment to get a variance. This item was initially put in so ghat people put.t.ing mooring devices or whips on the dock would not. have to come back for a variance. Member Collings felt that though the above-referenced matter was very justifiable, it was incorrect to mix subjects in an Ordinance. He felt, it shoi.ald have been handled separately. Attorney Randolph explained that was done merely for efficiency purposes, since it costs approximately $1,000 to advertise for public hearing; therefore, it was thought wise t.o cover as many items as were presently pending in one Ordinance, with the thought i.n mind if Council did not. wish ~::~ deal with any of those items, they could simply delete it ',~om the first reading and it would. not have to be included s part. of the Ordinance. ~Ir. Collings moved that the section in proposed. Ordinance No. 390 dealing with docks and piers be removed for consideration. Vice-Nlayor Howell seconded the motion. The vote was: Mayor. Capretta Vice-Mayor Howell - for William Burckart - against Ron Mackail - against Earl Collings - for the motion therefore failed and was not adopted.. Mr. Kirkland stated that the amendment should have merely a paragraph stating that in canals 85 feet or. less these docks could not be permitted because they presented navigational hazards. He therefore felt this Ordinance could very easily be re-drafted by adding another sentence. Mr. Kirkland felt this was really a moot point since the State really dictates what goes on in the river. Attorney Randolph stated the State could not. overrule the Village in that regard; the State gives permits, and they can require, if there is Village Council Meeting Minutes August 24, 1989 Page 5 turtlegrass or something of that sort in the area, that a dock not be a certain length. And, in many instances, there is a conflict between a municipal Ordinance and what the length of docks the State will permit. The Village, however, can be more restrictive than the State - sometimes the State can say the dock has to go out 50 feet so as not to effect the turtlegrass. But, i.f the Village agrees not to allow docks greater than 50 feet, then that prevails. Member Collings moved that the first reading of Ordinance No. 390 be approved, with a sentence added. to Section 3 to read: "Boat. lifts and mooring pilings outboard of docks and piers on waterways and canals 85 feet or less in width are not. permitted". Councilmember Burckart seconded the motion. The vote was: Mayor Joseph N. Capretta- for Vice-Mayor Edward G. Howell - for William E. Burckart - for hon T. Mackail - for ~~'ar.l L. Collings - for '. he motion therefore passed and was adopted. VIII. NEW BUSINESS B) Resolution No. 11-88/89 - Approving a Transfer of Control of Centel Cable Television Company of Florida by Adelphia Communications Corporation. tilichael Tammara, of Gunster, Criser & Stewart. law firm, introduced those in attendance representing the above- mentioned issue. In attendance were: Del Hanley; James R.igas, Vice President., Operations, Adelphia Communications Corp.; Mark Gallaway, Vice President, Centel Cable; and Rick Peluso. Mr. Rigas gave a brief background of Adelphia. He explained they are meeting the state-of-the-art as much as economically feasible, serving 60,000 customers in 9-1U states on the eastern seaboard, trying to remain a customer- oriented operation, staying close to the communities in which they operate. He explained further problems that are unsolvable on a. local level could always be addressed t.o himself or his father in Pennsylvania and they would Village Council Meeting Minutes August 24, 1989 Page 6 ------------------------------- immediately approach the issue. Member Collings asked if there would be any significant operation or service changes which would effect. the subscriber. hlr. Rigas explained Adelphia was largely continuing with some of Centel's plans, which involve replacing a microwave hop to this area wi.t.h a fiber optics link, which would increase reliability and picture quality. They are completing an upgrade to a 62- channel capacity, as well as continuing to focus on customer service through training and advanced technology. Mayor Capretta stated. he had received countless letters from Centel st.at,i_ng: "Sorry, we had a little outage and we were shut down for 45 minutes,..." et.c., etc. The Mayor stated that when one calls Centel to report an outage, all you get is a bl.zsy signal for ten minutes, then a recording of the romance of Centel, and. then you get an Operator. [When you get the Opera t.o.r, they are courteous in saying they would send a repairman, and they do so. Mayor. felt that though there might have been. an improvement, in the area in the last six months, nonetheless he would like the opportunity to tell the Chief of Police of Tequesta to arrest the Vice President. of Adelphia Communications and sentence him to go to the phone ~::zd try t.o get Centel on the telephone, and upon reaching ~~~em, he would be released. Mayor felt that would be cruel ~:r,d unusual. punishment, since his attempt to reach Centel ,night take a long time. Mayor Capretta felt too much downtime for the cable company took place for outage reasons, and also the telephone time took too long. Mayor Capretta stated. he didn't. appreciate getting so many letters from Centel since he did not desire to become a pen pal with them. Mr.. Rigas stated the performance of Centel has improved.. He had reviewed the phone situation at Centel, and actually witnessed a progressive improvement over recent months and asst.ired the Mayor it would be monitored closely and. be committed to improvement. Member Mackail asked if Adelphia had any plans in the future for re-laying any cable. Mr. Rigas stated any upgrade cable work had already been completed and there ~.-oi~ld be no further cable uprooting. Village Council Meeting Minutes August 24, 1989 Page 7 ------------------------------- rlember Collings moved to approve Reso]_ution No. 11-88/~3y. Member Burcka.rt seconded the motion. The vote was: Mayor Joseph N. Capretta- for Vice-Mayor Edward C. Howell - for William E. Burckart - for Ron T. Mackail - for Earl L. Collings - for the motion therefore passed and was adopted. VII. DEVELOPMENT MATTERS A) Subdivision Review and Plat of Key West Village Being a Replat of a Part of Intracoastal Villas: J. Barry Curtin, Esquire. ^Tr. Curtin presented a copy of the Plat of Frey West Village. sA explained Intracoastal Villasge was presented to Council • grid approved in November 1988, but at that time the mean high ~:::at.e.r Iine was not established on the Plat, and it was agreed <~s part of conditions of approval to come back when that was available, and. replat would. take place at that time. That was accomplished by early March but there were problems getting the Corps of Engineer approval, which did not issue until August 2, explaining the reason for the delay. Some modifications had taken place on the plans: What was originally platted as Intracoastal Villas, is now renamed Key West. Village. It. is labeled as a R.e-Plat. of a Portion because there is a 10 foot strip running immediately behind the shopping center where the wall exists that. was formerly a part of this plat, and is now being deleted. The same holds true for the wall running around the southern edge of this property. In addition, there is an extra 10 feet that is being dedicated along Parcel C, which is the main turn coming into that tract. As part of the Corps of Engineers approval., because of some of the passive recreational. activities located on the easterly portion by the mangroves, it was appropriate to dedicate this conservation area in fee to the Homeowners' Association. The n~zmber of units have been reduced from 29 to 24. There will be a waterfall with rack siding in Parcel C, somewhat similar to the entrance at Frenchman's Creek, using the same landscape a.nc~itect. They are also requesting a variance removing the sidewalk from the i Village Council Meeting Minutes August 24, 1989 Page 8 ------------------------------- • north and south parimeter and from the waterfall area. They are requesting for the southeastern portion, because of the conservation area, requesting a variance be granted regarding the cul de sac to change a 60 foot radius to a 45 foot radius. This is made necessary because of the rear lot. l.i.ne, the presence of the mangroves, a.nd the fact that they co~~ld not intrude into that area from a development standpoint. Member Collings asked. if the covenant. for the residents clearly cover the fact that the Association must. maintain the area on the intracoast.a.l and the park in the middle. Mr. Curtin answered affirmative; he also explained. they are 20% full. Member Mackail asked whether the issue, which present residents of that area were concerned about regarding access to the little canal located there ha.d been resolved.Mr. Haysfield explained they were working together with present residents to resolve the issue. Member Mackail also stated the road coming into the complex promoted a problem on li.S. #], and that the DOT would be cooperative in support of a plan that would support the needs of the Village which would probably move this roadway south. Mr. Mackail suggested it might be wise if these problems crere corrected as they arise. Mayor Capret.ta agreed and felt. the whole study of Route 1 from County Line Road to Tequesta Drive regarding turn lanes ought to be done now and that. the Village come yap with a plan that is best for that area. Village Manager Bradford stated this is really a traffic engineering issue and he felt no one on Village Council had the expertise to decide the best layout for medians. He mentioned it would cost $].4,000 to have someone with that expertise survey the sit.uat.ion. Another proposed change to the original plans was at the back end of Lot 18, at the southeast quadron of the cul. de sac, the sidewalk would. be terminated and resumed at the front haif of Lot 17, then continued on around. Village Council Meeting Minutes August 24, 1989 Page 9 ------------------------------- Counci.lmember Collings moved to approve the Replat of Key West Village. Vice-Mayor Howell seconded the motion. The vote was: Mayor Joseph N. Capretta- for Vice-Mayor Edward C. Howell. - for William E. Burckart - for Ron T. Mackail - for Earl L. Collings - for the motion therefore passed and caa.s adopted. VIII. NEW BUSINESS (cont'd) A) Recycling Presentation by Jeff Sabin of Nichols Sanitation and Consideration of Resolution No. 10-88/89 - Approving a Franchise for Residential Curbside Recycling and Amending the Franchise for Solid Waste Collection Services. ~.'illage Manager Bradford explained the above-referenced Resolution is the granting of a. recycling franchise to '~ichols Sanitation and also to extend the existing Solid t,~~,ste Franchise with Nichols in return for which they will give the Village the recycling program for the first year at no cost to the Village. He pointed out, that surrounding communities had not had that privilege for their first year. .Teff Sabin of Nichols Sanitation gave a slide presentation explaining the recycling process, and also had caith him on the premises a. recycling vehicle cahich would be transversing the streets in northern Palm Beach County to collect recyclable materials from households. Mr. Sabin explained the State of Florida had mandated through the 1988 Solid Waste Management Act, to recycle and divert 30go of the caast.e away from landfills, and the burden has been placed on the County to accomplish this. Member Collings asked what the educational process was that citizens would be made aware of. Mr. Sabin explained all participants would receive a post card approximately two weeks prior to program startup and delivery of their recycling bin (14 gal. curbside container) in which would be located. an informational brochure desc.ribi.ng the collectible materials and the program along with the dates of collection. • Village Council Meeting Minutes August 24, 1989 Page 10 ------------------------------- Member Collings also asked what the procedure cvas for condo dwellers as opposed to single family dwellers. Mr. Sabin explained condo collections would not take place at this time - only single family dwellers would receive the collection service. Mayor Capretta asked what the cost per living unit c.*o~ald be - Mr. Sabin responded. it was approximately $1.85. Mayor Capretta continued that if this process was threefold (recyclable, solid waste, and disposal), would the disposal cycle be put someplace else on the bill. Mr. Sabin explained the disposal. part of the program was a County function. Nichols Sanitation is merely a collector. Mayor Capretta asked what percentage of trash this process would take care of. ~1r. Sabin answered 30%. Member Burckart moved to approve Resolution No. 10-88/89. Vice-Mayor Howell. seconded the motion. The vote was: Mayor Joseph N. Capretta- for Vice-Mayor Edward C. Howell - for ~•: i 11 iam E . Burckart, - for f;.an T. Mackail - for f~:axl L. Collings - for the motion therefore passed and was adopted. C) Resolution No. 12-88/89 - Approving the Application of North County Ambulance, Inc. for Funds from the Palm Beach County Emergency Medical Services Awards Program to be used for the Improvement and Expansion of EMS Services Within the Village. Village Manager Bradford explained this had been done for the past two years (i.e., whenever there is a DUI conviction, there is a $25.00 surcharge, a $5.00 surchage for every moving violation that is fought in court and convi.cted). These monies are turned over to the State of Florida, with 45% coming back to the municipality for the purpose of improving EMS se r. vices for which North County Ambulance makes application with the Village for those funds, in essence, authorizing them to have those monies ($1,534). • Village Council Meeting MinutE August 24, 1989 Page 11 ------------------------------ Member Coll.i_ngs moved to approve Resolution No. 12-88/89. Member Macka.i.l seconded the motion. The vote was: Mayor Joseph N. Capretta- for Vice-Mayor Edward C. Howe7.1 - for William E. Burckart - for Ron. T. Mackail - for Earl L. Collings - for the motion therefore passed and was adopted. D) Resolution No. 13-88/89 - Endorsing the Concept of One Stop Permit Program for Motion Picture and Television Production within the Village of Tequesta. Village Manager Bradford reminded Council of the presentation at last Council meeting by Mr. Chuck Elderd, of the Film Liaison office, explaining this Resolution implements that proposal. . ~(~rmber Mackail moved to approve Resolution 13-88/89. ^Iember F3.~rckart seconded the motion. The vote was: Mayor Joseph N. Capretta- for Vice-Mayor Edward C. Howell - for William E. Burckart - for Ron T. Mackail - for Earl L. Collings - for the motion therefore passed and was adopted. E) The Adoption of Village Council Priorities. Village Manager Bradford explained he was in receipt of Council's scoring of the priorites. He scored the priorities by averaging the scores for. each item, with the results presented in a memorandum to Council dated. August 1$, 1989. The top priorities are: 1. Establishment of Water Department Ten Year Plan; 2. Public Safety Consultant Study and Implementation of Findings; 3. Tequesta Drive Improvement Project Completion; 4. Develop Methods or Controls to Increase Revenues and Budget Tax Increases Consistent with Demands; Village Council Meeting Minutes August 24, 1989 Page 12 ------------------------------- 5. Development of Downtown Recommendations; 6. Cypress Drive Drainage Master Plan with Zoning Project. Mayor Capretta stated the real measuring stick is not whether these priority projects are completed, but whether they are completed on time. Councilmember Mackail felt these priority listings should be measured on a quarterly basis, as opposed to annually. Mayor Capretta suggested. to Village Manager Bradford that sometime in the month of December t:o have a review of the priorities, and a status report as a measuring stick toward completion of these tasks. Member Burckart stated items to be considered priority should not only be the above si.x mentioned, but attention should be given to other items that. are equally important. Member Collings concurred. Member Burckart moved to adopt the Village Council Priority List and have an update quarterly on some scale that can be reviewed to examine progress. Coi.zncilmember Collings seconded. the motion. The vote was: • `~~~.yor Joseph N. Capretta- for ~-ice-Mayor Edward C. Howell - for tdilliam E. Burckart - for Ron T. Mackail - for Earl L. Coll.i.ngs - for the motion therefore passed and was adopted F) Consideration of Lighthouse Gallery Request for Utilization of Gallery Square North Parking Lot for 26th Annual Art and Crafts Festival Proposed for Sunday, November 19, 1989. Councilmember Mackail moved to approve the Gallery Square North parking lot for the above proposed art and crafts festival. Councilmember Collings seconded tl.~e motion. The vote was: Mayor Joseph N. Capretta- for Vice-Mayor Edward C. Howell - for William E. Burckart - for Ron T. Mackail - for Earl L. Collings - for Village Council Meeting Minutes August 24, 1989 Page 13 ------------------------------- IX. ANY OTHER MATTERS Village Manager Bradford presented to Co~.zncil a memorandum to c.~hich was attached applications from those applying to serve on the Code Enforcement Board. The applicants were: William Frank, 395 Riverside Drive, a real estate broker recommended by the Tequesta Business Association. Dr. Charles Foelsch, 148 Fairview East, retired physician. Lloyd Decker, 229 Golf Club Circle, retired real estate broker. George Boyhan, licensed professional engineer and licensed general contractor. Paul Bri.enza, Director of Engineering Services, En. (:avid Sweet, flight. test engineer, Sikorski Aircraft. t~illi.am Sharpless, retired lawyer. William Treaty, consultant for COE of engineers' union for 35 William Clifton, President and Timothy Goldsbury, Vice Presid Perry Corporation. Gorden Ritter, industrial arts Clean Air Industry and forme years. owner of Sunshine Decorator= ent, Sales/Marketing, Smith- teacher, Jupiter High School Mr. Bradford went on to explain that the Ordinance required that membership of the Code Enforcement Board consist of wherever possible a.n architect, business person, engineer, general contractor, realtor., subcontractor, and a general member. With that in mind, Village Manager suggested appointees such as: William Frank, who would have to resign from CAB if he accepted the position, Mr. Brienza, Mr. Sharpless, Mr. Treaty, Mr. Goldsbury, Mr. Boyhan, and Gordon Ritter. Mr. Bradford asked for Council input and suggested Council take the list home and study it and perhaps deal with it at a later Council meeting. Council agreed. Member Collings suggested that those who were not chosen as primary members of the CEB ought to receive a letter asking them to serve • Village Council Meeting Minutes August 24, 1989 Page 14 as alternates. Mayor Capretta reminded Council. there were two other criteria: 1) the law which states prerequisites for serving on the Board; and 2) Mr. Collings suggestion that representatives of the various homeowners associations serve on the Board. Council agreed to study the list and decide at a later date who would serve nn the Board. Mr. Bradford stated that at the last Task Force Meeting the subject of considering implementation of zoning-in-progress within certain areas of the study area came up because of two concerns. 1) It. would seem to be a waste to have a Charrette process, assuming zoning and architectural changes come out of that process, to have someone develop something contrary t.o that, and. 2) to announce zoning-in-progress to protect future buyers of property, letting them know changes may be forthcoming and what is on the books today may, in fact, not be there when they come in to develop. The Task Force voted t.o have these issues presented t,o Council for Council's consideration. \ttorney Randolph felt i.t would be difficult to declare zoning-i_n- ;rogress before the Charrette actually started. He explained the f;urpose of zoning-in-progress was simply to direct the Building >epartment not to issue any building permits for something which is in contravention for that which is under study. Mr. Pilz explained the Task Force thought. i. t. best to make sure neither buyers nor sellers had any surprises if in fact zoning changes were going to be made. Member Collings stated if someone were to appear tomorrow at the Building Department with a complete site plan, there would be no conceivable way any action could be taken for the next six months, and by then the Charrette would be long gone. Attorney Randolph stated that if someone did come in tomorrow with a completed plan that met all of the zoning codes, then the Village is compelled to give a permit for that project. He explained that the main reason to declare zoning-in-progress is where a.n area is being studied; for instance, if ,you are studying a downtown. area and you may be ruling out commercial ventures, etc., it's almost like declaring a moratorium, and you simply state that the Building Official shall not grant any permits for anything which is under study. This has to be done as the project becomes more developed, but to do it now, there would have to be a carte blanch declaration of zoning-in-progress for the entire area, and rio zoning permits could be granted within that area. C~ Village Council Meeting Minutes August 24, 1989 Page 15 ------------------------------ Councilmember Burckart asked "Ir. Pilz i.f all property owners within the study area had been notified. Mr. Pilz answered affirmatively. Council felt there was no real practical problem with the study area that. should warrant a zoning-in-progress declaration. Mayor Capretta brought up two issues regard Tequesta. Motor Cars: 1) Councilmember Burckart's suggestion that the landscaping was not adequate, and 2)that he had receved a letter from Mr. Walsh's attorney concerning electrical power with FPL, how to get power into the project, and if power was not provided there cou7_d be a lawsuit. The Mayor stated Mr. Walsh had told him he would do whatever is needed to make the landscaping right.. Mayor Capretta asked Building Official, Scott. Ladd if the electrical issue ha.d been resolved. Mr. Ladd reported there had been a meeting with FPL, Mr. Walsh, hi.s attorney, the Village `. r.t.orney a.nd himself. Attorney Randolph stated a potential -solution of the problem had been discussed at that meeting, ~',-.~~ugh it had not yet been fully discussed. with. Village Manager ]3r~~adford. X. ADJOURNMENT There being no other matters before the Council, the meeting was adjourned. at 7:30 P.M. r' Bill C. Kascaveliti Finance Director~Village Clerk DATE APPROVED: Rep=,pf>r~.f~zl ;;?~~- st~~~r,~? tter~., Recording Secretary