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HomeMy WebLinkAboutDocumentation_Regular_Tab 7D_3/9/2000 • Tf, f VILLAGE OF TEQUESTA �' Post Office Box 3273 • 250 Tequesta Drive • Suite 300 0 ; o Tequesta, Florida 33469-0273 • (561) 575-6200 ;�, at Ch Fax: (561) 575-6203 -f Ma , l Av 0/aaix VILLAGE OF TEQUESTA VILLAGE COUNCIL MEETING MINUTES FEBRUARY 10, 2000 I . CALL TO ORDER AND ROLL CALL The Tequesta Village Council held a meeting at the Village Hall, 357 Tequesta Drive, Tequesta, Florida, on Thursday, February 10, 2000. The meeting was called to order at 7 : 02 P.M. by Mayor Carl C. Hansen. A roll call was taken by Betty Laur, Recording Secretary. Councilmembers present were: Mayor Carl C. Hansen, Vice Mayor Elizabeth A. Schauer, Councilmember Joseph N. Capretta, Councilmember Basil Dalack, and Councilmember Sharon Walker. Also in attendance were: Village Manager Thomas G. Bradford, Village Attorney John C. Randolph, Village Clerk Joann Manganiello, and Department Heads. II. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Capretta gave the Invocation and led those in attendance in the Pledge of Allegiance to the American Flag. III. APPROVAL OF AGENDA The following changes were requested: Councilmember Walker requested that items 9B and 12I be pulled from the Consent Agenda. Village Manager Bradford requested that item 12F <be removed from the Consent Agenda and that the asterisk be deleted from item 11A. Under ANY OTHER MATTERS: Vice Mayor Schauer requested addition of discussion of Jupiter Tequesta Athletic Association' s use of Tequesta Park as per memo from the Village Manager dated 2/2/2000. Recycled Paper VILLAGE COUNCIL MEETING MINUTES February 10, 2000 PAGE 2 Councilmember Walker made a motion to approve the Agenda as amended. Councilmember Capretta seconded the motion. The vote on the motion was: Carl C. Hansen - for Elizabeth A. Schauer - for Joseph N. Capretta - for Basil Dalack - for Sharon Walker - for The motion was therefore passed and adopted and the Agenda was approved as amended. IV. COMMUNICATION FROM CITIZENS Betty Nagy, 26 Shay Place, questioned whether proper notice had been given for the last Special Village Council Meeting, and expressed her opinion that there had been four meetings without proper notice. Village Manager Bradford explained that notice had been posted in excess of 72 hours prior to the meeting as required, and that in addition the newspapers had been notified in excess of 72 hours. Russell Von Frank, 489 Dover Road, questioned Vice Mayor Schauer as to the Village' s current obligation regarding Tequesta Plaza, and requested the specific amount. Vice Mayor Schauer responded that Mr. Zuccarelli would provide an update at this meeting, and the Village Manager explained that the Village was obligated as per the terms of the contract. V. PUBLIC HEARING A) Resolution No. 99/00 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Vacating and Abandoning A Certain 703.3' Portion of a Thirty Foot Right-Of-Way, Platted As Tequesta Drive, And Commonly Known As Country Club Drive, On The Plat Of Tequesta, As Recorded In Plat Book 25, Page 8, Public Records Of Palm Beach County, Florida, Conditioned Upon The Reservation and VILLAGE COUNCIL MEETING MINUTES February 10, 2000 PAGE 3 Dedication of A Multi-Purpose Public Utility Easement Described As The North 580 'Of the West 10.00' As Measured Along the Lines Of The Parcel To Be Abandoned. James Ryan, Esq. As Agent. Village Manager Bradford explained that the intent was to bring a conclusion to what had been discussed at the last meeting. The Village Manager explained that the wording in the proposed Resolution now included a provision for a multi-purpose utility easement, and that people could construct fences over the easement after obtaining a permit. Bill Scoville, 56 Yacht Club Place, Lot 594, reported Vice Mayor Schauer had called and asked his opinion on this issue prior to the last Village Council meeting, and he had told her he was against abandonment the same as he had been in 1991, and reported that the people living there were 9 against and 4 in favor, which was also the same as in 1991 . Mr. Scoville expressed his opinion that all that was needed was a sign stating "Dead End - No Outlet"; and explained that Mr. Bonard had offered to install a fence to prevent any outlet. Mr. Scoville commented he had used this roadway 34 years and it increased his property value. Mr. Scoville commented that abandonment would create restriction of the freedom he had fought for in WWII. Julie O'Brien, 10 Bayview Court, spoke in favor of abandonment because of concern for her three small children, the speeding traffic, and lack of police surveillance . Mrs . O'Brien reported she had called the police after a panel van sat in the alley for 1- 1/2 days and she had been concerned regarding illegal activity. Mrs . O'Brien expressed her opinion that Tequesta should approve abandonment in order to receive tax money for this property. Richard Bonard stated he had purchased Lot 600 because it had this access and that it had been used for over 30 years. Mr. Bonard discussed two petitions from the residents, and explained that the majority of the residents and the Tequesta Country VILLAGE COUNCIL MEETING MINUTES February 10, 2000 PAGE 4 Club Association were against abandonment. Mr. Bonard noted there had been many false statements made concerning the January 13th meeting, and that there was confusion because the problems were code enforcement and law enforcement problems, and not right-of-way problems. Mr. Bonard expressed concern for Mr. and Mrs . O'Brien' s children, but questioned how traffic could be a danger to them since they had a 6 ' high fence between their yard and the alley. Mr. Bonard related the history of the right-of-way, and requested that the abandonment not take place. Councilmember Dalack asked what the public purpose was of having the right-of-way, to which Mr. Bonard responded it gave access to the back of the lots . Dana Anderson, 48 Yacht Club Place, Lot 596, expressed his opposition to the Resolution and stated the language that the right-of-way had "never been used by the public" was in error since most of the adjacent landowners had taken advantage of this land to benefit themselves and their property, and that was why he had purchased his lot . Mr. Anderson explained he could not expand with the property he would gain by abandonment. Mr. Anderson explained why the panel van had been parked in the alley for 1- 1/2 days, apologized, and explained he had not realized it would cause concern. Mr. Anderson stated his willingness to screen his property from view so his boats could not be seen, and stated he wanted to work with the other landowners . Attorney Bill Wood stated he represented Mr. Bonard, Mr. Anderson, and Mr. Scoville in their opposition to the abandonment, and explained that his clients were willing to fence the unfenced area at their cost so that none of their properties could be viewed by residents across the right-of-way, and no one could cut through that area. Mr. Wood stated there was some question legally whether there would be cessation of the easement even if abandoned, which was a real consideration because the easement benefitted his clients, it had been used for a number of years, it was unique, there was case law; however, his clients did not want to do this, and requested VILLAGE COUNCIL MEETING MINUTES February 10, 2000 PAGE 5 reconsideration of this issue . Councilmember Dalack questioned which other streets in Tequesta benefitted only a few people, to which Mr. Wood' s response was there were cul-de-sacs . Peggy Verhoeven, Point Drive, recalled that at the last meeting regarding this issue she had asked a question about who was responsible for liability. The Village Attorney responded that the liability was the same as for any other public street or thoroughfare but that did not mean the Village would be sued in case of an accident, since governmental entities were not normally sued when accidents occurred. Mayor Hansen commented this was the second hearing on this issue and at the first hearing the vote had been 5-0 in favor of abandonment. Vice Mayor Schauer commented her position had been stated at the last meeting. Councilmember Dalack commented if the Village did not maintain this right-of-way properly they would have liability, and if abandonment took place that responsibility would no longer exist. Councilmember Dalack commented that he saw no reason to change his vote, and expressed his opinion that a cul-de-sac was not a specific benefit. Mr. Bonard responded that another alley that benefitted only a few people was the one that ran along Cypress Drive up to Neil Vander Waal' s office. Councilmember Capretta read from the minutes of the January meeting and quoted what he had said, and stated his position was still the same-he understood the position of the residents, but was moved by the O'Brien' s appeal of danger to their children, and had hoped that instead of hiring an attorney the residents would try to find a compromise, working together to find a solution. Councilmember Capretta explained that since that had not happened the issue was the same as last time-to make a choice between the residents' benefits versus safety for the children. Mr. Bonard stated he understood, but that most of the residents along the right-of-way had raised their children there and never had a safety problem. Mr. Bonard explained that he believed the Village must differentiate VILLAGE COUNCIL MEETING MINUTES February 10, 2000 PAGE 6 between the right-of-way and code enforcement and law enforcement problems . Councilmember Walker questioned Mrs . Hansen, President of Tequesta Country Club Association, whether the vote had been unanimous to support Yacht Club residents in this issue, to which Mrs. Hansen responded there were no negative votes but some people abstained. Councilmember Walker asked who signed the letter dated February 7, and which residents of Yacht Club Place had attended the meeting. Mrs . Hansen explained that the letter had not been signed, and that Mr. Bonard, Mr. Scoville, and Mr. Anderson had attended the meeting. Mayor Hansen commented on the condition of the back yards along the right-of-way and that residents had offered to clean up their yards, and expressed concern regarding the liability issue. Councilmember Dalack made a motion to adopt Resolution 99/00 under the same conditions included at the last meeting, which were stated in the Resolution. Vice Mayor Schauer seconded the motion. During discussion of the motion, Councilmember Dalack stated that 99% of the time the Council did what the Village Manager recommended, which was proper; that it was Mr. Bradford' s job to run the Village and that he was the only employee over which the Village Council had power. Mr. Dalack commented it had been a concern to him that brevity of the notice of the Special Village Council meeting had been questioned, but there had been no reason not to go along with that. Councilmember Dalack stated that tonight' s issue was completely different, and the Village Council, not the Village Manager, needed to decide this issue. Mr. Dalack expressed his opinion that the best interests of most of the people in the Village would be served by what the Village Council was doing regarding this issue. The vote on the motion was: Carl C. Hansen - for Elizabeth A. Schauer - for Joseph N. Capretta - for Basil Dalack - for VILLAGE COUNCIL MEETING MINUTES February 10, 2000 PAGE 7 Sharon Walker - for The motion was therefore passed and adopted. Mr. Wood questioned why 580 ' from the north end was enough for the FPL easement which did not include the last telephone pole, to which Attorney Ryan responded that it was enough because that was as far as FPL wished to maintain and they would probably abandon that in the future by installing underground lines . VI. CONSENT AGENDA All items listed with an asterisk (*) are considered to be routine and will be enacted by one motion. There will be no separate discussion of these items unless a Village Councilmember so requests, in which event, the item will be removed from the Consent Agenda of Business and considered in its normal sequence on the Agenda. Mayor Hansen read aloud the following Consent Agenda items : VII. PRESENTATIONS AND PROCLAMATIONS *A) Proclamation for American Cancer Society Relay for Life XCI. APPROVAL OF MINUTES AND REPORTS *A) Special Master Code Enforcement Hearing Minutes, November 18, 1999; *C) Village Council Meeting Minutes, January 13, 1999 *D) Village Managers Report: January 7, 2000 to February 4, 2000 X. APPOINTMENTS *A) Consideration of Appointment of Steve Pullon to fill the remainder of the term of resigned Regular Member, John Taylor, on the Board of Adjustment with said term expiring November VILLAGE COUNCIL MEETING MINUTES February 10, 2000 PAGE 8 14, 2000. (Staff Recommends Approval) *B) Consideration of Appointment of Ronald R. Poirier as an Alternate Member of the Board of Adjustment with a two-year term expiring on February 10, 2002. (Staff Recommends Approval) XI. DEVELOPMENT MATTERS *C) Consideration of J. McLauchlin & Company's request to perform construction services at the Clare Bridge & Crossings projects on President's Day, February 22, 2000. (Staff Recommends Approval) Village Attorney Randolph read aloud the following items on the Consent Agenda: *A) Ordinance - First Reading - An Ordinance of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Providing for Amendments to the Village Budgets Adopted for the Fiscal Year Commencing October 1, 1999. (Staff Recommends Approval) *B) Resolution No. 41-99/00 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Supporting the Florida League of Cities, Inc. , in its Efforts to Protect Municipal Authority to Provide Utility Services outside Corporate Boundaries and to permit the Continuation of the Utility Rate Surcharges for Customers Outside of the Municipality's Boundaries who Receive the Benefit of Such Utility Services; Providing for Distribution; Providing for an Effective Date. (Staff Recommends Approval) *C) Resolution No. 42-99/00 - A Resolution of the Village Council of the Village of Tequesta, VILLAGE COUNCIL MEETING MINUTES February 10, 2000 PAGE 9 Palm Beach County, Florida, Approving The Terms and Conditions of The Disaster Relief Agreement Between the Department of Community Affairs and the Village of Tequesta, Providing for Disaster Relief Assistance, Concerning the Effects of Hurricane Irene and Authorizing the Village Manager as the Primary Designated Agent and the Assistant Village Manager/Village Clerk as the Alternate Designated Agent to Execute Requests for Reimbursement, Necessary Certifications, and Other Supplementary Documentation, and Authorizing the Village Manager to Execute the Applicable Agreement on Behalf of the Village. (Staff Recommends Approval) *D) Resolution No. 43-99/00 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Approving A Proposal From Gall's, Inc. , Of Lexington, Kentucky, for Twenty-Two Batons and Holders, in the Amount of $1,848, with Funds being Appropriated from the Special Law Enforcement Trust Fund, Having Available Fund Proceeds of $12,440, and Authorizing the Village Manager to Execute the Applicable Contract on Behalf of the Village. (Staff Recommends Approval) *G) Ordinance - First Reading - An Ordinance of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Amending Chapter 6 of the Code of Ordinances, Building and Building Regulations, at Article III, at Sections 6-41 and 6-42, to Provide for the Adoption of the 1999 National Electric Code and the 1999 Edition of the Uniform Countywide Amendments to the National Electric Code; Providing for Prevailing Standards In the Event of Conflict; Providing for Repeal of Ordinances or Parts of Ordinances in Conflict Herewith; Providing for Severability; Providing for Codification; Providing an VILLAGE COUNCIL MEETING MINUTES February 10, 2000 PAGE 10 effective Data. (Staff Recommends Approval) *H) Consideration of Declaring Surplus Certain Village Items Pursuant to Section 3. 02 (8) of the Village Charter. (Staff Recommends Approval) Motion was made by Vice Mayor Schauer to approve the Consent Agenda as submitted. The motion was seconded by Councilmember Walker. The vote on the motion was: Carl C. Hansen - for Elizabeth A. Schauer - for Joseph N. Capretta - for Basil Dalack - for Sharon Walker - for The motion was therefore passed and adopted. VIII . COMMITTEE REPORTS A) Public Works Committee - January 6, 2000 Village Manager Bradford reported that at this meeting the Committee had considered the County' s proposal to provide a Riverside Drive pathway from Tequesta Drive to County Line Road and to pay 50% of Tequesta' s cost to construct the same. The Committee recommended that Tequesta express their preference to Palm Beach County that the Village was interested in having the sidewalk constructed of concrete in Tequesta' s right-of-way. The Committee recommended instructing staff to notify residents of Riverside Drive that the Village intends to have an 8 ' wide sidewalk constructed, and to ask the County why the pathway was proposed for the east side of the road instead of the west side of the road in light of the fact that south of Tequesta Drive the bicycle path was on the west . The next issue discussed was consideration of establishing a decorative light standard for business district roadways . Village Manager Bradford explained that in the near future, VILLAGE COUNCIL MEETING MINUTES February 10, 2000 PAGE 11 Tequesta would be installing streetlights on Tequesta Drive, Main Street, Bridge Road, and South Cypress Drive, and a decision was needed regarding the style of lighting. Information had been received from FPL regarding their new decorative street lighting designs, estimated to be two to three times greater than current standards; however, their cost was not yet known. Action was postponed in order to consider designs and whether high pressure sodium vapor lighting, mercury vapor lighting, or mercury hallide lighting was preferred. Village Manager Bradford reported that the Committee had also considered the YMCA' s request for funding for $60, 000 more than the current budgeted funding, or $97, 000 per year. Since this would necessitate a 2% tax increase, the Committee recommended notifying the YMCA that the Village was not in a position to grant their request but would make improvements to the building so that the YMCA could operate an after school care program and wanted the YMCA, at a minimum, to continue operating the summer youth program. The Village Manager explained that this information would be relayed to the YMCA and the Village would see what could be done to continue their programs without having to spend an additional $60, 000. Vice Mayor Schauer made a motion to approve the Public Works Committee Report of the January 6, 2000 meeting. Councilmember Walker seconded the motion. The vote on the motion was: Carl C. Hansen - for Elizabeth A. Schauer - for Joseph N. Capretta - for Basil Dalack - for Sharon Walker - for The motion was therefore passed and adopted. B) Finance and Administration Committee, January 7, 2000 Village Manager Bradford reported that the Finance and Administration Committee meeting had been called 1 VILLAGE COUNCIL MEETING MINUTES February 10, 2000 PAGE 12 primarily to review sources of funding to pay for infrastructure improvements consisting of a new water main and all stormwater utility work previously discussed, proposed for the same time ENCON was constructing sewer installations on the Tequesta peninsula. The estimated cost was $2, 450, 000 . 00for which the following sources were proposed and recommended by the Committee: 1 . $350, 000 left after completion of the RO plant project. 2 . $266, 000 from a grant for which Tequesta had been approved (the grant was made to improve unmet needs of the Stormwater Utility in Tequesta Country Club) . 3 . $136, 000 in the Stormwater Utility Capital Budget. 4 . $50, 000 from Undesignated Funds of the Stormwater Utility. 5 . $500, 000 from the Water Enterprise Fund Capital Improvement Account . 6. $1, 150, 000 from the Water Enterprise Fund Undesignated Fund Balance. Geraldine Genco, 7 Country Club Circle, questioned the results of the canvas in her neighborhood regarding installation of underground utilities, streetlights, and sidewalks . Village Manager Bradford responded that Ms . Genco' s neighborhood had overwhelmingly rejected streetlights and sidewalks; therefore, no provisions had been made for those items during this project. Ms . Genco questioned how $350, 000 could be left from the RO plant project since it was not yet finished. Mr. Bradford responded that was the estimate of what would be left. Ms . Genco questioned where the $1, 150, 000 Undesignated Fund Balance was in the budget, which the Village Manager explained it did not show in the budget but in the Village financial statements . Ms . VILLAGE COUNCIL MEETING MINUTES February 10, 2000 PAGE 13 Genco questioned whether the Country Club ponds might be used permanently for stormwater retention, to which Mr. Bradford responded the Village had been using those ponds for that purpose since 1979 and planned to continue to do so. Vice Mayor Schauer made a motion to approve the Finance and Administration Committee Report of the January 7, 2000 meeting. Councilmember Walker seconded the motion. The vote on the motion was: Carl C. Hansen - for Elizabeth A. Schauer - for Joseph N. Capretta - for Basil Dalack - for Sharon Walker - for The motion was therefore passed and adopted. IX. APPROVAL OF MINUTES AND REPORTS B) Community Appearance Board Meeting Minutes, December 1 , 1999 Councilmember Walker explained that she had requested that these minutes be pulled from the Consent Agenda in order to publicly comment as a former member of the Community Appearance Board on the application from Gallery Square North to repaint the exterior of their buildings, replace awnings, and repaint Cobblestone' s courtyard; and explained that piggybacked onto this request from Gallery Square North had been a request from Lighthouse Gallery to change a logo. Acting Clerk of the Board Kara Irwin had properly informed the Board that this was improper procedure; however, the Board had proceeded to approve a non-agenda item that had never been publicly noticed. Councilmember Walker commented that having been a member of this Board, it had greatly upset her that such a VILLAGE COUNCIL MEETING MINUTES February 10, 2000 PAGE 14 procedural violation had occurred despite Ms . Irwin' s advice that the Board not continue with that course of action. Councilmember Walker noted that former Mayor Mackail had also been upset with a number of actions of this Board in the past and had made a request that the Village Manager' s office look into a remedy. Councilmember Walker indicated that she would like former Mayor Mackail' s request to be done . Village Manager Bradford explained that former Mayor Mackail and the Village Council had requested a study of pros and cons of creating a Planning and Zoning Commission, which would incorporate the functions of the Village' s Community Appearance Board and the Board of Adjustment . Village Manager Bradford explained that he was currently in the process of writing his report on that matter. Vice Mayor Schauer asked whether Lighthouse Gallery would get their new sign, to which Village Manager Bradford responded they would not, and that Director of Community Development Scott D. Ladd had notified the Lighthouse Gallery that because the procedure had been improper the Board' s action was null and void. Village Manager Bradford explained that Lighthouse Gallery' s application might not have even needed approval by the Community Appearance Board if it met the new design standards adopted by the Board at that same meeting. Vice Mayor Schauer made a motion to approve the Community Appearance Board minutes of the December 1 , 1999 meeting. Councilmember Capretta seconded the motion. The vote on the motion was: Carl C. Hansen - for Elizabeth A. Schauer - for Joseph N. Capretta - for Basil Dalack - for Sharon Walker - for VILLAGE COUNCIL MEETING MINUTES February 10, 2000 PAGE 15 The motion was therefore passed and adopted. XI. DEVELOPMENT MATTERS A) Special Exception Public Hearing and Site Plan Review for Christ the King Lutheran Church, 46 Willow Road, for additions to the Church, FellowshiOp Hall, and Pre-School Buildings, which total 4,490 Square Feet in additional building coverage area to the existing site. Elizabeth Colome, as Agent. (A Quasi-Judicial Hearing) 1) Swearing-In of Witnesses, if Required. Village Clerk Joann Manganiello conducted the swearing-in of all those intending to speak to this issue. 2) Disclosure of Ex-Parte Communications. A poll of the Village Council indicated no ex-parte communications, except by Mayor Hansen who reported he had spoken briefly on this subject with Pastor Miller. 3) Testimony of Witnesses and Cross Examination, if Any Village Planner Kara Irwin explained that Christ the King Lutheran Church was requesting site plan approval and would also need special exception approval for a church located in a residential zoning district . The proposed project consisted of five separate buildings totaling 4, 490 square feet, as well as covered walkways and a parking lot addition. Ms . Irwin described the proposed additions . Elizabeth Colome, representative for the VILLAGE COUNCIL MEETING MINUTES February 10, 2000 PAGE 16 applicant, described the project and indicated that the largest addition was to the pre-school. Ms . Colome reviewed the-plans and explained that more space was needed for pre-school students, as well as for other functions and storage. The plans also included a new dry retention area, new site lighting, and connected two existing buildings. Ms. Colome explained the church had no plans to add other grades to the school in the future. Councilmember Capretta commented adding additional grades to other church schools had created concern from the neighbors and the building could be situated at this time to accommodate expansion, if any future expansion was anticipated. Councilmember Capretta commented that one church had not known where their building was situated on their property, to which Ms. Colome responded that a recent survey of the property had been done. Vice Mayor Schauer requested clarification of the lighting, to which Ms . Colome responded there was no plan to spotlight the cross on top of the church, and that the groundlights were intended only to light the sign. The Vice Mayor related her experience regarding construction while carrying on church operations and cautioned that construction might take longer than anticipated. Vice Mayor expressed her opinion that this would be a nice improvement and that the neighbors would like it. Mayor Hansen commented First Presbyterian Church and the Episcopalian Church had both also added to their school facilities . The Mayor commended the church for their compliance with Ordinance 377 . Mayor Hansen questioned whether neighbors had expressed concern, to which Ms . Colome responded the Pastor had talked to VILLAGE COUNCIL MEETING MINUTES February 10, 2000 PAGE 17 neighbors and had heard nothing negative . Ms . Colome indicated the new pre-school would accommodate 18 more students for a total of 50 students, and that the demand was high for pre-school space. There were no comments from the public. It was clarified that proper advertising had been done, and there was no opposition to the request. Vice Mayor Schauer made a motion to approve the Special Exception Use Request from Christ the King Lutheran Church. Councilmember Dalack seconded the motion. The vote on the motion was: Carl C. Hansen - for Elizabeth A. Schauer - for Joseph N. Capretta - for Basil Dalack - for Sharon Walker - for The motion was therefore passed and adopted. Vice Mayor Schauer made a motion to approve the Site Plan for Christ the King Lutheran Church as submitted. Councilmember Dalack seconded the motion. The vote on the motion was: Carl C. Hansen - for Elizabeth A. Schauer - for Joseph N. Capretta - for Basil Dalack - for Sharon Walker - for The motion was therefore passed and adopted. B) Variance Request for a 18. 75' front yard setback in lieu of minimum 25' front yard setback as required by Village Code, and Site Plan Review for Zaino' s VILLAGE COUNCIL MEETING MINUTES February 10, 2000 PAGE 18 Restaurant, 801 U.S. Highway One, for the remodeling of the front facade of the existing building. Steven A. Yeckes, as Agent for Zaino' s Restaurant. (A Quasi-Judicial Hearing) A) Swearing-In of Witnesses, if Required. Village Clerk Joann Manganiello conducted the swearing-in of all those intending to speak to this issue. B) Disclosure of Ex-Parte Communications. A poll of the Village Council indicated no ex- parte communications. C) Testimony of Witnesses and Cross Examination, if Any Village Planner Kara Irwin explained that Zaino' s Restaurant had annexed into the Village of Tequesta in September, 1999, and were currently remodeling the building interior. Zaino' s needed a variance for the exterior renovations because the porch extended into the setback. Site plan approval was also requested for the renovations and the proposed landscape improvements . Steven A. Yeckes, Agent for the petitioner, explained that he was a registered Florida architect, and that Zaino' s had been a good neighbor of the Village for 25 years and now planned to be a good resident of the Village for many years to come. No changes were proposed for use, amount of parking, or paving; however, some parking was proposed to be relocated. Mr. Yeckes explained that the facility was being updated and the landscaping upgraded. Mr. Yeckes explained that Zaino' s was not required to update the landscaping at this time, but wanted to the landscaping to compliment the new building facade. Mr. VILLAGE COUNCIL MEETING MINUTES February 10, 2000 PAGE 19 Yeckes commented that the building did not currently have a covered entry. Mr. Yeckes described the site plan and requested a variance to accommodate a covered entry. The columns which were proposed to support the covered entry protruded into the setback area by 6. 75' . Mr. Yeckes described the new facade as a more Florida look. Councilmember Dalack requested and received verification that proper advertising had taken place so that any opposition could have been presented. Mayor Hansen reported he had stopped by the site and suggested that improvements could be made in the rear by moving light poles . Mr. Yeckes explained the light poles could not be prevented since the property contained an easement which crossed it in the center on which the utility poles were located. Mr. Yeckes explained that Zaino' s had permission to use the easement for parking, and that major landscaping upgrades were proposed. Mr. Yeckes estimated time of completion to be no more than three months . Village Manager Bradford inquired whether the landscaping met Ordinance 377, to which Planner Irwin responded it did not and that Zaino' s was still under Palm Beach County zoning until an amendment was made to the Village' s comprehensive plan. In order to comply with Ordinance 377, two parking islands would need to be added which would cause loss of two parking spaces. Councilmember Capretta commented that parking was very tight on this site and parking spaces were valuable. Village Manager Bradford noted that if the applicant did not comply with Ordinance 377 at this time they would be required to do so within five years, to which Mr. Yeckes responded the applicant understood that. Councilmember Capretta made a motion to approve the variance request as submitted for Zaino' s Restaurant. Vice Mayor Schauer VILLAGE COUNCIL MEETING MINUTES February 10, 2000 PAGE 20 seconded the motion. The vote on the motion was: Carl C. Hansen - for Elizabeth A. Schauer - for Joseph N. Capretta - for Basil Dalack - for Sharon Walker - for The motion was therefore passed and adopted. Councilmember Capretta made a motion to approve the site plan as submitted for Zaino' s Restaurant. Councilmember Walker questioned whether it would be extremely expensive for the applicant to comply with Ordinance 377 at this time, to which Mr. Yeckes responded he did not believe so but the applicant would like time to evaluate whether it was more valuable to save the parking spaces which would be lost or whether to install the additional landscaping before the five-year deadline. Councilmember Walker requested that the applicant comply with Ordinance 377 by adding additional landscaping around the perimeter, and around the building, not adding the parking islands. Village Attorney Randolph advised that a determination of where landscaping should go should not be made tonight, but recommended the motion be seconded with an amendment by the maker of the motion that they comply with Ordinance 377 and come back with a plan for subsequent approval within a specified time. Mr. Capretta as maker of the motion declined to amend the motion since the applicant had just been allowed to annex and had been told they had five years to comply with Ordinance 377. Mr. Capretta explained he would not object to changing the term to two years in order to allow the applicant to have time to evaluate how valuable the parking spaces were. VILLAGE COUNCIL MEETING MINUTES February 10, 2000 PAGE 21 Councilmember Capretta revised the motion to approve the site plan with a proviso that Zaino' s come back before the Village Council within two years with a plan to comply with Ordinance 377. Councilmember Walker seconded the motion. The vote on the motion was: Carl C. Hansen - for Elizabeth A. Schauer - for Joseph N. Capretta - for Basil Dalack - for Sharon Walker - for The motion was therefore passed and adopted. D) Progress Report for Tequesta Village Center, John Zuccarelli, JMZ Tequesta Properties, Inc. John Zuccarelli explained that the shopping center was going to be built soon and that ground would be broken on next Monday morning for installation of utilities for Building A, with completion of the utilities anticipated in approximately 60 days . Mr. Zuccarelli commented that the permitting process had been nerve wracking, with delays caused by both ENCON and Palm Beach County Health Department . M. J. Anderson had been selected to construct Building A, and Mr. Zuccarelli indicated that the contract should be ready the next day. Building A construction was anticipated to start in March and to be completed by October. Councilmember Capretta inquired when Vic Strahan' s flower shop would be moved, to which Mr. Zuccarelli responded he hoped Vic was in by Christmas, but that the end of October was the hoped-for punch list date. Mr. Zuccarelli explained that the contractor had been chosen for their quality work and to get the job done on time, and not for price. M. J. Anderson, who was also present, stated the project team had already been assigned and work would go fast . Mayor Hansen commented it had been two VILLAGE COUNCIL MEETING MINUTES February 10, 2000 PAGE 22 months since the groundbreaking and questioned whether anything might cause delay with this schedule, to which Mr. Zuccarelli responded that the hard part was over, which had been obtaining the permits, and there should be no other time constraints . Councilmember Capretta inquired whether a restaurant was still planned, which Mr. Zuccarelli confirmed, but stated the restaurant had not yet been selected. Mr. Zuccarelli assured the Village Council that the project would get built . Councilmember Walker commented that from talking to residents, 98% were in favor of the project, and were very anxious for it to be completed. Vice Mayor Schauer questioned what could be done as far as signage to let people know the tenants were open for business during construction. Greg Grudovic explained that Dawson Williams, the utilities contractor, was to provide temporary signage and that M. J. Anderson was familiar with the process, and there would be signage . Vice Mayor Schauer commented that she did not want the businesses lost . Councilmember Capretta questioned whether there were penalties if the job was not completed on time, and Mr. Zuccarelli indicated they would make sure. Mr. Anderson commented it was to their advantage to finish on time because they wanted to do the other buildings . In response to Councilmember Capretta' s desire for perc charts, Mr. Anderson offered to supply the Village Council with the construction schedule which they posted in the construction trailer. Mr. Zuccarelli stated he would provide updates, which Vice Mayor Schauer requested be done at public meetings . Mr. Zuccarelli requested the updates be scheduled toward the first of the meeting. Councilmember Dalack questioned Village Manager Bradford regarding the buy back right that Mr. Zuccarelli had relative to construction of a municipal interest. Village Manager Bradford responded a meeting had been held and a response was to be given by Mr. Zuccarelli. VILLAGE COUNCIL MEETING MINUTES February 10, 2000 PAGE 23 Mr. Zuccarelli indicated he would respond by the April Village Council meeting. XII. NEW BUSINESS E) Resolution No. 44-99/00 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Approving a Contract with Ric-Man International, Inc. , of Pompano Beach, Florida, to Perform all Work in Accordance with the Contract Documents for the Tequesta Country Club/Bermuda Terrace Water Main Replacement and Drainage System Improvements - Phase I, in the Total Amount of $2,069,000, with Funds Being Appropriated from Water Enterprise Undesignated Reserves in the Amount of $1 ,489,000, the Water Capital Improvement Funds in the Amount of $500,000, and the Stormwater Utility Capital Budget, having a FY 1999/2000 Budget Allocation of $100,000, and Authorizing the Village Manager to Execute the Applicable Contract on Behalf of the Village. The Award of this Contract Shall be Conditional Upon ENCON Executing a Contract for Their Phase I Service Project With a Contractor for Their Associated Improvements. (Staff Recommends Approval) Village Manager Bradford explained that Reese Macon and Shalloway Foy had been trying to keep up with ENCON' s plans and the requirement that they execute a contract by February 20 in order to give the people affected by Phase I a guaranteed interest rate of 5 . 75% . Numerous problems had arisen, one of which was the fact that ENCON' s contractor did not end up being the low bidder for Tequesta' s work and that the ENCON contractor' s bid was approximately a quarter million dollars higher than the low bid from Ric-Man International for the water main. The Village had concluded it was not as necessary to have one contractor, as they had been led to believe by ENCON, and had learned it was very common to have multiple contractors on a site, but ENCON had indicated they were not willing to have the Village' s contractor working in the same area as their contractor, and VILLAGE COUNCIL MEETING MINUTES February 10, 2000 PAGE 24 insisted he not even be on the same peninsula when they were working. The Village felt that was unreasonable since there were ways to coordinate the work. Several options were presented for consideration: (1) to do nothing; (2) not to do the water main at this time, only the stormwater work, which would severely limit the areas where potential conflicts with ENCON' s contractor could occur. A plan would need to be developed to do Tequesta' s stormwater while ENCON did the sewer, and the water main would be replaced in about 15 years when the road was paved again. Village Manager Bradford explained that the water main was under the road only in some places and cutting the road would not be a problem 15 years from now if the road was being repaved. (3) The other option was not to give ENCON a permit, and the Village could go in first and do the water main. Village Manager Bradford indicated that was the recommended procedure from all engineers that had been consulted. This was not the way ENCON wanted to do it, but it was the Village' s permit and the Village' s right-of-way; however, there would be ramifications and allegations of not cooperating. (4) The last option was the asphalt reimbursement, which was a scenario under which the Village would hold off signing the contract with Ric-Man and do so at a point in time after ENCON' s contractor had begun work. Village Manager Bradford explained that in this job there were two asphalt overlays, and that the Village' s contractor would come in after the first asphalt overlay had been completed. The Village would cut the overlay in the places where the water main crosses the road and then the Village would come back in and do the final overlay after the Village finished the stormwater and water main work. Village Manager Bradford explained that ENCON had agreed to this option and had issued a letter stating they would reimburse the Village the cost of the second overlay. The amount of asphalt involved would be 58, 000 square yards of asphalt which would be $134, 000 and Ric-Man had indicated they would provide the asphalt for that price. Village Manager Bradford explained that in the last few days the Village had received letters from ENCON consultants who had warned the Village of unforeseen costs, and VILLAGE COUNCIL MEETING MINUTES February 10, 2000 PAGE 25 time delays if the Village used a contractor other than ENCON' s contractor. The letters also stated ENCON would have no responsibility for the day-to-day operations of the construction as well as any certification issues. Village Manager Bradford stated ENCON was going to be responsible and had to be responsible, and were going to receive phone calls and were going to coordinate or Tequesta would shut the job down. Village Manager Bradford indicated he leaned toward the last option if ENCON would agree to be responsible; or if not, then to find a way to do the stormwater only because of its urgency and to stay out of the way of ENCON' s contractor as much as possible, and let ENCON bear the brunt of the public wrath. The downside was that Tequesta would have to cut the roads later in order to fix the water main in some places and to install stormwater improvements in certain areas . Engineer Tom Jenson indicated he saw no problem with coordination, and Mayor Hansen stated • he had been in the construction building 40 years and saw no problem with two contractors cooperating and had been appalled at ENCON' s position. Councilmember Walker, who had attended several ENCON meetings including a pre-construction hearing that morning, expressed her opinion that possibly the reason ENCON did not want to cooperate was because they wanted to get the project completed with nothing to stand in their way. Councilmember Walker explained that according to the February 4, 2000 General Use Dewatering Permit to ENCON from South Florida Water Management District. ENCON must cease dewatering when certain levels were reached in the lakes at Tequesta Country Club, which did not allow much room to discharge effluent. With only five months until the rainy season, at which time water levels in the lakes would rise and leave even less room for effluent, Councilmember Walker speculated that was why ENCON was in such a hurry to complete the project and why they did not want to cooperate with Tequesta. Vice Mayor Schauer inquired what would happen when they had to stop pumping, to which Councilmember Walker responded they would have to provide a gravel pit for the effluent . Councilmember Capretta commented that if VILLAGE COUNCIL MEETING MINUTES February 10, 2000 PAGE 26 ENCON cooperated with the Village it would slow them down, and reviewed the possible alternatives for the Village. Councilmember Capretta concluded that the Village would need to follow ENCON, because any of the other options would cause trouble with ENCON, and noted that ENCON had agreed to provide the money to reimburse the Village to finish the project. Councilmember Capretta described the work that had been done on his street, where only one contractor had been used: sewers, laterals, stormwater drainage pipe, new water pipe, fire hydrant, swales and sod, and paving the street . Councilmember Capretta commented that the Village wanted ENCON to hurry with the project. Councilmember Dalack agreed. Councilmember Walker stated that made sense, and commented that ENCON would not sign off on the sanitary sewer system until the Village was done in case the Village broke their system. Discussion ensued. Councilmember Walker commented she did not want the Village to be forced to replace massive portions of a sanitary sewer system. Councilmember Capretta commented in regard to hookup of the sewers on his street that he received a letter giving one year to complete hookup, and a list of qualified plumbing contractors was provided. Mr. Capretta had gone to Jupiter Plumbing, who decided they did not want to do the work. Another contractor gave him an estimate of $4, 100; while another provided an estimate of $2, 400. Councilmember Capretta suggested the people get together and negotiate a deal with one plumber to hook up a lot of homes . Councilmember Dalack questioned whether ENCON not signing off meant the sewering process would not start until the Village finished the stormwater work. Village Manager Bradford expressed his opinion that was what was meant because ENCON could not begin the formal process of notifying people they had 12 months to hook up until that step took place . Consultant Tom Jenson explained that once all the gravity sewers were installed, ENCON would have to get approval from the Health Department . Councilmember Dalack questioned the effect of not signing off, to which Village Manager Bradford responded he thought it didn' t make VILLAGE COUNCIL MEETING MINUTES February 10, 2000 PAGE 27 a difference and might even have a positive effect since it would be that much longer until people had to hook up. Councilmember Dalack questioned whether if the Village followed ENCON the users would still get the best interest rate. Village Manager Bradford explained once ENCON heard the decision of the Village they would sign the contract before February 20 and the users would get the best interest rate. Councilmember Dalack questioned what had to be done tonight, to which the response was a contract did not have to be awarded, just a decision on what the Village wanted to do. Joe Hall, 159 Country Club Drive, commented that if the Village would need to get new bids if they decided to do only the stormwater work, ENCON' s contractor' s price might be close enough to have him do the work just for the stormwater work. Village Manager Bradford explained unit prices were separated out and it turned out that Ric-Man' s price for just the storm water drainage was lower than ENCON' s contractor. Village Manager Bradford explained that using ENCON' s contractor would cost approximately $200, 000 more, and that if the contract was awarded to someone other than the low bidder, that could open the door to possible protests, which could lead to delays, which could lead to not getting the low interest rate. Mr. Hall questioned whether the Village had to dewater for stormwater improvements, to which Village Manager Bradford responded affirmatively, but explained that would be nothing compared to the dewatering for ENCON' s project. Mayor Hansen commented that the mediation process had been good since it had given the Village a low interest rate and limited charges that could be passed on to the residents, and any changes would lead to higher interest rates . Mayor Hansen expressed his opinion the Village should not stand in ENCON' s way and should leave the water pipe until later but do the stormwater work if it could be worked out. Mayor Hansen stated that the Village should not delay ENCON. Consultant Tom Jenson explained that stormwater VILLAGE COUNCIL MEETING MINUTES February 10, 2000 PAGE 28 improvements were needed on every street in the Country Club. Councilmember Walker commented that ENCON had provided a plan of attack at that morning' s meeting and wondered if the Village could do their work in the southern portion before ENCON got there and then when ENCON finished Fairway East and West do the Village work there. Consultant Tom Jenson responded discussions had been held with ENCON and they did not want the Village on the peninsula while they were working. Mr. Jenson advised that a contract needed to be executed with Ric-Man because prices were only good for 90 days . It was clarified that Councilmember Capretta' s proposal was to do both the stormwater improvements and the water main, but to follow behind ENCON. During discussion of the results of passing the resolution, Village Manager Bradford explained that it could be passed with a condition that the statement by ENCON that they would not be responsible for day to day operations if there were multiple contractors must be resolved. The Village Manager explained that if the resolution was adopted with such a condition, the Village would contact ENCON and say the job would not start until they clarified that issue. Mr. Bradford stated he would not sign the contract until it was clarified. Councilmember Capretta commented that since ENCON had rejected the Village' s proposal to do the work jointly, then the Village could decide later when to do the work after ENCON was finished, and it could be a month or a year later, which was not ENCON' s business . Councilmember Capretta questioned whether the roads would last a few months with only one coat of asphalt, to which Mr. Jenson responded the roads could go a few months but maybe not a year. Joe Baker, 73 Fairview East, commented the Village would lose a lot of credibility if they did not do the water main with the sewers, and the Village must finish the work within a reasonable period of time. Mr. Baker explained ENCON had commented they could certify only sections of the sewers and not wait until the whole project was finished to certify. Councilmember Dalack commented he believed the last VILLAGE COUNCIL MEETING MINUTES February 10, 2000 PAGE 29 sentence of the resolution took care of the letter. Village Manager Bradford responded that was a separate condition and he needed clarification that ENCON understood they would have observation and certification responsibility on their sewer work. Village Manager Bradford advised that clarification of the letter from ENCON could be made a condition of approval of the resolution, or direction could be given to him as Village Manager. Mayor Hansen expressed concern that the Village must not delay ENCON in any way. Councilmember Dalack made a motion to approve Resolution No. 44-99/00 with the condition that ENCON provide clarification of their letter dated February 8, 2000 to Village Manager Tom Bradford from Shalloway Foy Raymond and Newell Vice President Brian Lamont, and that the Village Manager shall not execute the contract until he is satisfied. Vice Mayor Schauer seconded the motion. The vote on the motion was: Carl C. Hansen - for Elizabeth A. Schauer - for Joseph N. Capretta - for Basil Dalack - for Sharon Walker - for The motion was therefore passed and adopted. Vice Mayor Schauer made a motion that the Village would proceed with stormwater drainage and water main work after ENCON had vacated the working area and would follow ENCON within a reasonable period of time. Councilmember Walker seconded the motion. During discussion of the motion, Mayor Hansen expressed concern that residents would object, and he hoped all those residents present understood. Mrs. Hansen requested the motion be stated in writing to the Tequesta Country Club Association. The vote on the motion was: VILLAGE COUNCIL MEETING MINUTES February 10, 2000 PAGE 30 Carl C. Hansen - for Elizabeth A. Schauer - for Joseph N. Capretta - for Basil Dalack - for Sharon Walker - for The motion was therefore passed and adopted. F) Resolution No. 45-99/00 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Approving a Contract with Reese, Macon & Associates, Inc. , of Lake Worth, Florida, to perform Engineering Services in Connection with the Construction/Project Administration Services for Country Club/Bermuda Terrace - Phase I Water Distribution/Drainage System Improvements in the Amount of $88,500 and for Providing Project Administration Duties as it Relates to the ENCON Sewer Project in the Amount of $38,500, for a Total Amount of $127,000, with Funds being Appropriated from the Water Enterprise Undesignated Reserves in the Amount of $102,000; and the Stormwater Utility Fund Capital Budget, Having a FY 1999/2000 Budget Allocation of $25,000 and Authorizing the Village Manager to Execute the Applicable Contract on Behalf of the Village. (Staff Recommends Approval) Mayor Hansen read Resolution 45-99/00 . Village Manager Bradford explained that he had requested that this Resolution be removed from the Consent Agenda; however, it was now acceptable because of the action taken by the Village Council . Vice Mayor Schauer made a motion to approve Resolution 45-99/00. Councilmember Walker seconded the motion. The vote on the motion was: Carl C. Hansen - for Elizabeth A. Schauer - for Joseph N. Capretta - for Basil Dalack - for Sharon Walker - for VILLAGE COUNCIL MEETING MINUTES February 10, 2000 PAGE 31 The motion was therefore passed and adopted. I) Consideration of Village Council Approval for Mayor Carl C. Hansen to execute a letter to the President of Tequesta Country Club Relative to Tequesta Dewatering and Payment of Attorney' s Fees by Tequesta in an Amount Not to Exceed $3,000, Both Associated with Tequesta' s Construction Activities during the ENCON Tequesta Peninsula Sewer Project. (Staff Recommends Approval) Councilmember Walker explained that she had requested this item be pulled from the Consent Agenda, and expressed her opinion that contentious feelings had occurred about the sewering project because of lack of communication and asked that Village Manager Bradford publicly inform members of the public and the Village Council as to all the negotiations that had been going on regarding this project and why the Village was paying a portion of fees for Tequesta Country Club. Village Manager Bradford explained that the mediation agreement between Tequesta and ENCON allowed ENCON to use Tequesta' s storm drainage system and contained a provision that the Village would put forth its best efforts to secure the approval of Tequesta Country Club for ENCON to discharge effluent into their ponds . Village Manager Bradford reported that as soon as the mediation agreement had been approved the Village had began contact with Tequesta Country Club officials (Golf Course) ; and the Country Club had hired an attorney to negotiate with the Village on the issues regarding the ponds . After discussions over a period of 2-3 weeks, it was concluded upon advise of the Village Attorney and discussions with the Tequesta Country Club attorney that Tequesta did not need the Club' s permission to use the ponds because of the minimal amount of dewatering the Village would have, and that the Village could operate under the existing agreement for dewatering since it could be construed as stormwater. ENCON had agreed to pay $6, 000 of the attorney' s fees incurred by Tequesta Country Club, and Tequesta was asked to pay $3, 000 and to provide a letter stating Tequesta' s agreement to pay and that VILLAGE COUNCIL MEETING MINUTES February 10, 2000 PAGE 32 Tequesta' s dewatering would be construed as stormwater. Village Manager Bradford recommended the Village pay the requested $3, 000 since that was a lot cheaper than forcing the use of the ponds through condemnation. Councilmember Capretta commented there was a big public relations problem regarding this situation and suggested writing a letter to Mrs . Hansen and to the President of the Golf Club offering offering to put on a presentation at Tequesta Country Club to explain the whole project to the golf course residents and to the Homeowners Association. Councilmember Capretta suggested that the Mayor and an engineer from Reese Macon could make a presentation or several presentations to avoid a public relations nightmare, because he felt a letter was not adequate to make everybody understand everything. Vice Mayor Schauer agreed that was a good idea, but questioned whether paying the $3, 000 would set a precedent, to which Village Attorney Randolph responded it would not set a precedent since this was a unique project. Mayor Hansen stated that Mr. Terzek, President of the Golf Club, wanted to reduce costs to their residents, and the $3, 000 was a small token of thanks to those residents . Councilmember Capretta commented the Village had already spent hald a million and $3, 000 was not much more Mayor Hansen stated much more information was needed and he was in favor of the presentations . Vice Mayor Schauer made a motion to approve Agenda Item 12 (I) : To have Mayor Carl C. Hansen execute a letter to the President of Tequesta Country Club Relative to Tequesta Dewatering and Payment of Attorney' s Fees by Tequesta in an Amount Not to Exceed $3,000, Both Associated with Tequesta' s Construction Activities during the ENCON Tequesta Peninsula Sewer Project. Councilmember Walker seconded the motion. The vote on the motion was: Carl C. Hansen - for Elizabeth A. Schauer - for VILLAGE COUNCIL MEETING MINUTES February 10, 2000 PAGE 33 Joseph N. Capretta - for Basil Dalack - for Sharon Walker - for The motion was therefore passed and adopted. Councilmember Capretta questioned whether direction should be given to the Village Manager to prepare a presentation to be made sometime within the next 30 days . Village Manager Bradford responded that Mr. Tezrick and the Board of the Country Club had been given an extensive power point presentation showing what was going to happen, and he felt the Village would be taking the ball away from ENCON if the Village made another presentation. Councilmember Capretta then suggested the Village have ENCON make presentations to the residents . Councilmember Capretta commented he could do a presentation, to which Councilmember Walker responded perhaps they could do it together. Geraldine Genco suggested that a preconstruction sign indicating the starting date be erected. Councilmember Walker explained that was ENCON' s responsibility and their contractor had agreed to do that. Village Manager Bradford stated he would put together a plan for a presentation and work out who would present it. J) Consideration of Adoption of Village Council Priorities and Village Manager Objectives for forthcoming year. (Staff Recommends Approval) Village Manager Bradford explained that the Village Council had completed ranking the submitted priorities and Village Manager objectives . The top five priorities were : 1 . Public Relations plan to sell need for new public facilities . We need them - we can afford them - we have plans . 2 . Decide on location of new Village Hall and Council Chambers by end of Fiscal Year 2000 . 3 . Town Meetings about Village Hall and the Public VILLAGE COUNCIL MEETING MINUTES February 10, 2000 PAGE 34 Safety Building to educate public for the spending of money. 4 . Construction of new Village facilities . 5* . Coordinate with Jupiter, Palm Beach County and Martin County to minimize traffic flow - Western Corridor. 5* . Expansion of Water Department to the North. The top five Village Manager objectives were as follows : 1 . Obtain plan for new Village Hall on Tequesta Plaza site from developer. 2 . Have early Council approval on final plans for Fire and Police Department renovation or new construction. Remove old water tank from Village property. 3 . Hire engineering firm to develop plans for new Village facilities - plan A-B-C (to dovetail Village Council Priority) . 4 . Work with ENCON on orderly implementation of sewers in Country Club. 5. Successfully complete Tequesta' s construction and demolition obligations for Tequesta Plaza and Bridge Road. Village Manager Bradford advised that if approved by the Village Council staff would begin work on the objectives immediately. The Village Council discussed options for keeping both number fives of the Village Council priorities . Councilmember Walker made a motion to combine numbers one and three and keep both number fives of the Village Council Priorities. Councilmember Dalack seconded the nation. The vote on the motion was: VILLAGE COUNCIL MEETING MINUTES February 10, 2000 PAGE 35 Carl C. Hansen - for Elizabeth A. Schauer - for Joseph N. Capretta - for Basil Dalack - for Sharon Walker - for The motion was therefore passed and adopted. Councilmember Capretta suggested the priorities and objectives be worded better in the future, keeping in mind that the objectives were what the evaluation of the Village Manager' s performance would be based upon. Councilmember Capretta commented that the wording was better this time than in the past. Mayor Hansen questioned Village Manager Bradford regarding the time for accomplishment of the objectives . Village Manager Bradford expressed his opinion that no later than September 30 would be reasonable, although he would probably do them as soon as possible . Vice Mayor Schauer commented that the budget would be adopted in September; therefore, evaluation of the Village Manager' s performance needed to be done in the summer or before the budget workshop hearings so that a raise could be budgeted. Village Manager Bradford commented that he could be evaluated now on last year' s objectives . Village Manager Bradford commented that objective number 5 might not happen during this fiscal year since Building A was not scheduled for completion until October. Councilmember Capretta suggested in the future that time periods be given for the objectives . Vice Mayor Schauer made a motion to adopt the top five Village Council Priorities and the top five Village Manager Objectives as submitted by the Village Manager and as amended during the Village Council discussion relative to the same. Councilmember Capretta seconded the motion. The vote on the motion was: Carl C. Hansen - for Elizabeth A. Schauer - for Joseph N. Capretta - for Basil Dalack - for VILLAGE COUNCIL MEETING MINUTES February 10, 2000 PAGE 36 Sharon Walker - for The motion was therefore passed and adopted. XIII. ANY OTHER MATTERS Vice Mayor Schauer questioned the use of Tequesta Park by Jupiter Tequesta Athletic Association. Public Works and Recreation Director Gary Preston reported this item had not been budgeted but money could be found in the budget for this activity. Mr. Preston commented that the Association needed to fix up their building and that the main concession would be run from the main building, and the Village would be ready to accommodate approximately 500 youngsters on Saturdays, as well as two nights during the week. Village Manager Bradford commented that regarding the sewer issue, the proposal to go in after ENCON and be reimbursed for the second asphalt overlay was based on the letter received from ENCON. Village Attorney Randolph advised that a motion should be made if anything more than a letter was needed to effectuate payment of $134, 000 and the arrangement with the contractor that the Village Attorney be authorized to prepare a contract and have it executed by the appropriate authorities . Vice Mayor Schauer made a motion that if anything more than a letter was needed to effectuate payment of $134,000 and the arrangement with the contractor regarding the sewer project that the Village Attorney be authorized to prepare a contract and have it executed by the appropriate authorities. Councilmember Walker seconded the motion. The vote on the motion was: Carl C. Hansen - for Elizabeth A. Schauer - for Joseph N. Capretta - for Basil Dalack - for Sharon Walker - for The motion was therefore passed and adopted. VILLAGE COUNCIL MEETING MINUTES February 10, 2000 PAGE 37 Mayor Hansen commented that during the agenda item Communications from Citizens, Russell Von Frank had asked a question requiring specific information, and explained that Village Council members could not come up with specific sums without documentation, and stated he would be happy to work with Mr. Von Frank to obtain the numbers he had requested. Village Manager Bradford commented that the figures had been reported in the newsletter and sent to every resident of the Village . XIV. ADJOURNMENT Vice Mayor Schauer moved that the meeting be adjourned. Councilmember Dalack seconded the motion. The vote on the motion was: Carl C. Hansen - for Elizabeth A. Schauer - for Joseph N. Capretta - for Basil Dalack - for Sharon Walker - for The motion was therefore passed and adopted and the meeting was adjourned at 10:50 p.m. Respectfully submitted, Betty Laur Recording Secretary ATTEST: Joann Manganiello Village Clerk DATE APPROVED: