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VILLAGE OF TEQUESTA
dPost Office Box 3273 • 250 Tequesta Drive • Suite 300
c Tequesta, Florida 33469-0273 • (561) 575-6200
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VILLAGE OF TEQUESTA
VILLAGE COUNCIL
MEETING MINUTES
APRIL 13, 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,
April 13, 2000 . The meeting was called to order at 7: 03
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. CaRretta, 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
Mayor Hansen gave the Invocation and led those in
attendance in the Pledge of Allegiance to the American
Flag.
III. APPROVAL OF AGENDA
Councilmember Walker requested items that the following
items be pulled from the Consent Agenda: 15 (B) and 15 (C)
regarding. Community Appearance Board appointments, 16 (A)
regarding Sprint Spectrum, 16 (C) regarding Phase 2 of
Country Club Drive landscaping, 16 (F) regarding overlay
zoning with Jupiter and Palm Beach County. Councilmember
Walker also requested that discussion of Village Council
priorities of March, 2000 be added under ANY OTHER MATTERS.
Vice Mayor Schauer requested item 13 (F) Village Manager' s
Recycled Paper
VILLAGE COUNCIL
MEETING MINUTES
April 13, 2000
PAGE 2
Report, be pulled from the Consent Agenda. Village Manager
Bradford requested addition of item 16 (K) , Consideration
of request from North Palm Beach to support the Hood Road
Extension. Village Manager Bradford requested item 16 (D)
be pulled from the consent agenda.
Vice Mayor Schauer 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. REMARKS OF OUTGOING COUNCILMEMBERS
Mayor Hansen commented that he was leaving the Village
Council with mixed feelings since he had established many
good relationships and seen many improvements in the
Village; however, he would now have more time to pursue
other interests. Mayor Hansen commented the Village was
in very good condition and was not $15 million in debt, and
was taking in more than the amount they were spending.
Mayor Hansen urged residents to take the time to
investigate the real financial position of the Village and
to attend the budget workshops in July, and they would be
pleasantly surprised. Mayor Hansen encouraged the Village
Council to push forward with Tequesta Plaza and Bridge
Road, and stated he believed that a majority of residents
wanted to see this project completed. Mayor Hansen
expressed regret that more had not been done for the
firefighters' quarters, and urged the new Village Council
to make that a priority. Another regret was that more
annexation had not been done . Mayor Hansen thanked his
fellow Councilmembers, stated he felt good about decisions
they had made, and stated he felt time had shown that the
great majority of decisions had been the right ones. Mayor
VILLAGE COUNCIL
MEETING MINUTES
April 13, 2000
PAGE 3
Hansen commented this was the last night he and Village
Manager Bradford would attend a Village Council meeting,
described how Mr. Bradford had helped him learn about
Village operations, and wished him Godspeed. Mayor Hansen
expressed thanks to the residents and commented that having
lost in the election by only eleven votes, he knew he had
a lot of support from the residents .
Village Manager Bradford presented a plaque to Mayor Hansen
in appreciation for his five years of service on the
Village Council.
Mayor Hansen stepped down, and Vice Mayor Schauer took
charge of the meeting.
V. ACCEPTANCE OF CERTIFICATES OF ELECTION
A) Certification of the Results of the Municipal
Election Held on March 14, 2000/Certificates of
Election
Village Manager Bradford announced there were
Certificates of Election for Geraldine Genco for
Seat 1, who had won by eleven votes, for Joseph N.
Capretta for Seat 3, who had won by approximately
700 to 500 votes, and for Sharon Walker for Seat 5,
who had won approximately 66% of the vote.
Councilmember Dalack made a motion to approve the
results of the March 14, 2000 election. Motion was
seconded by Councilmember Walker. The vote on the
motion was:
Elizabeth A. Schauer - for
Joseph N. Capretta - for
Basil Dalack - for
Sharon Walker - for
The motion was therefore passed and adopted.
VI . OATH OF OFFICE TO INCOMING COUNCILMEMBERS
VILLAGE COUNCIL
MEETING MINUTES
April 13, 2000
PAGE 4
Village Manager Bradford administered the Oath of Office
to Geraldine Genco, Joseph N. Capretta, and Sharon Walker.
VII. REMARKS OF INCOMING COUNCILMEMBERS
Councilmember Genco thanked everyone who had supported her
election.
Councilmember Walker thanked everyone for their support and
provided an overview of projects on which she had begun
work. Councilmember Walker announced that she would
request the Village Council to take part in a quarterly
meet and greet session before regular Council meetings to
showcase new developments occurring within the Village.
These sessions would be noticed in the newspaper and the
newsletter, and each Councilmember would be requested to
personally invite ten residents they did not know.
Councilmember Walker announced that a second project was
that she would be working with the Village Manager' s office
to develop a citizens survey similar to that used in
Jupiter, which was extremely successful, to be used as a
fundamental tool in developing the budget. Another project
was to work with the Village Manager' s office and the new
Mayor to have the Tequesta Branch Post Office-currently a
branch of Jupiter--designated an independent facility,
which was a major factor in problems such as long lines and
dead bushes. Councilmember Walker reported that she would
also continue working on implementation of the
environmental action strategy portion of the Tequesta Sewer
Agreement of November 1999, which was vitally important to
the future of residents living near the river basin.
Councilmember Walker expressed her commitment to serve the
residents with integrity.
Councilmember Capretta commented he had been elected for
the seventh time and really appreciated the confidence and
trust expressed in him by the residents, and pledged to
continue to honor that trust to make sure the Village was
the kind of town in which the residents wanted to live .
Councilmember Capretta explained that some residents had
suggested projects in the past but the Village Council had
been unable to follow up the suggestions because of lack
VILLAGE COUNCIL
MEETING MINUTES
April 13, 2000
PAGE 5
of money and did not want to raise taxes . Now that funds
were available, there was an opportunity to implement some
of the ideas of the Council that had been encouraged by the
residents, such as the Fire Department and paramedic
facilities, and other Village facilities . Mr. Capretta
explained that he had decided to run for a seventh term
because he believed some of those projects could now be
implemented. Councilmember Capretta expressed hope that the
Village Council could work together as a team and agree on
objectives to be accomplished, win public support and
obtain alternative ideas from residents, and implement a
plan within the next few years . Councilmember Capretta
commented he looked forward to implementing some of the
ideas the public had asked him to do something about for
several years . Councilmember Capretta commented he would
make every effort to work with the other Councilmembers to
accomplish these projects .
VIII . VILLAGE COUNCIL REORGANIZATION
Village Manager Bradford announced that Section 2 . 06 of the
Village Charter required the Village Council at its first
regular meeting following the annual election to appoint
a Mayor and a Vice Mayor. Village Manager Bradford
reviewed the duties of the Mayor and Vice Mayor.
A) Election of Council Officers for Ensuing Year
1) Mayor
Councilmember Dalack nominated Elizabeth
Schauer for Mayor. Councilmember Genco
seconded the motion. Elizabeth Schauer
declined the nomination for personal reasons .
Councilmember Walker made a motion to elect
Mr. Joseph Capretta as Mayor for the coming
year. Councilmember Dalack seconded the
motion. During discussion of the motion,
Councilmember Walker expressed her opinion
that Councilmember Capretta could fulfil the
role of a strong leader which she believed was
VILLAGE COUNCIL
MEETING MINUTES
April 13, 2000
PAGE 6
needed in light of the resignation of the
Village Manager, and the possibility of
accomplishing projects such as new and/or
renovated Village facilities. Vice Mayor
Schauer expressed support for Mr. Capretta as
Mayor, stating that she believed Mr. Capretta
could offer guidance to staff if necessary and
that being retired he would be more easily
accessible than the other members.
Councilmember Dalack commented that he and Mr.
Capretta were opposed on certain principles,
such as Mr. Capretta wanted to reduce taxes by
whatever means while Mr. Dalack would not go
beyond a certain point, and commented that he
respected Mr. Capretta and supported him as
Mayor. The vote on the motion was:
Elizabeth A. Schauer - for
Joseph N. Capretta - for
Basil Dalack - for
Sharon Walker - for
Geraldine Genco - for
The motion was therefore passed and adopted.
2) Vice Mayor
Councilmember Genco nominated Councilmember
Dalack as Vice Mayor. Vice Mayor Schauer
indicated she was willing to remain Vice
Mayor. Councilmember Dalack agreed with Vice
Mayor Schauer being the Vice Mayor for the
coming year. Councilmember Genco withdrew her
nomination.
Councilmember Genco made a motion to elect
Elizabeth Schauer as Vice Mayor for the coming
year. Councilmember Dalack seconded the
motion. The vote on the motion was:
Joseph N. Capretta - for
VILLAGE COUNCIL
MEETING MINUTES
April 13, 2000
PAGE 7
Fli7abeth A_. Schauer - for
Basil Dalack - for
Sharon Walker - for
Geraldine Genco - for
The motion was therefore passed and adopted.
Councilmember Dalack requested another item be
added to the agenda: a report from the
Village Manager regarding the status of the
agreement between the Village and JMZ
Properties .
Vice Mayor Schauer made a motion to add a
report from the Village Manager regarding the
status of the agreement between the Village
and JMZ Properties under ANY OTHER MATTERS.
Councilmember Dalack seconded the motion. The
vote on the motion was:
Joseph N. Capretta - for
Elizabeth A. Schauer - for
Basil Dalack - for
Sharon Walker - for
(',cmraldi nP Genco - for
The motion was therefore passed and adopted.
B) Designation of Committee Chair and Co-Chair
Councilmember Walker made a motion to designate the
following members for each of the following
committees:
1) Finance and Administration Committee:
a) Mayor Capretta
b) Councilmember Walker
c) Councilmember Genco
2) Public Safety Committee
a) Vice Chair Schauer
b) Mayor Capretta
VILLAGE COUNCIL
MEETING MINUTES
April 13, 2000
PAGE 8
c) Councilmember Genco
3) Public Works Committee
a) Vice Mayor Schauer
b) Councilmember Dalack
c) Councilmember Walker
4) Redevelopment Committee
a) Mayor Capretta
b) Councilmember Dalack
c) Councilmember Walker
Councilmember Genco seconded the motion. The vote
on the motion was:
Joseph N. Capretta - for
Elizabeth A. Schauer - for
Basil Dalack - for
Sharon Walker - for
Geraldine Genco - for
The motion was therefore passed and adopted.
Councilmember Genco suggested that monthly dates be
set up for the Committee meetings and that the
Committee members be advised a week prior to the
monthly date if the meeting was going to be held,
so that everyone could put the meeting dates on
their calendars and then cancel if the meetings
were not needed. Councilmember Walker questioned
whether committee meetings were precipitated by
certain items, to which the Village Manager
responded meetings were usually called because of a
problem for which staff needed direction.
Discussion ensued. Village Manager Bradford
explained that the Board of Adjustment was
scheduled for the third Monday of each month, and
Community Appearance Board was set for a standard
day and time and could be called as often as
needed. The Village Attorney explained that public
notice to cancel a meeting should be done five to
seven days prior to the meeting date. Village
Attorney Randolph questioned whether the decision
VILLAGE COUNCIL
MEETING MINUTES
April 13, 2000
PAGE 9
to cancel would be left up to staff depending on
whether they had an agenda item to bring to the
meeting. Discussion ensued. The Village Attorney
advised that in order to comply with the Sunshine
Law, notice of the meetings must be given.
Consensus was that at the first meeting of each
committee a day and time could be chosen that would
be convenient for the members of that committee.
Village Manager Bradford advised that his secretary
would call all the Village Councilmembers to set up
a convenient time for each_ committee to meet .
C. Designation of Village Councilmembers and
Representatives to Various Governmental Assemblies
Vice Mayor Schauer made a motion to designate the
following representatives and alternates:
1) Palm Beach County League of Cities:
Representative: Councilmember Walker
Alternate: Councilmember Dalack
Second Alternate: Village Manager
2) Loxahatchee Council of Governments:
Representative: Vice Mayor Schauer
Alternate: Councilmember Walker
Second Alternate: Village Manager
3) Palm Beach Countywide Beaches & Shores
Council :
Representative: William D. Griffin
Alternate: John H. Holton
Second Alternate: Village Manager
4) Loxahatchee River Management Coordinating
Council
Representative: Councilmember Genco
Alternate: Councilmember Walker
Second Alternate: Village Manager
5) Palm Beach Countywide Intergovernmental
Coordination Program
Representative: Councilmember Genco
Alternate: Councilmember Dalack
6) NAMAC - Police
Representative: Councilmember Dalack
Alternate: Police Chief Allison
VILLAGE COUNCIL
MEETING MINUTES
April 13, 2000
PAGE 10
7) NAMAC - Fire
Representative: Mayor Capretta
Alternate: Fire Chief Weinand
8) Eastward Ho!
Representative: Councilmember Walker
Alternate: Staff Planner
9) JTJB Chamber Trustee
Representative: Mayor Capretta
Alternate: Vice Mayor Schauer
Second Alternate: Village Manager
Councilmember Walker seconded the motion. The vote
on the motion was:
Joseph N. Capretta - for
Elizabeth A. Schauer - for
Basil Dalack - for
Sharon Walker - for
Geraldine Genco - for
The motion was therefore passed and adopted.
IX. APPOINTMENT OF VILLAGE OFFICERS
A) Consideration of Thomas G. Bradford as Village
Manager; and
B) Consideration of Joann Manganiello as Village Clerk
Vice Mayor Schauer made a motion to appoint Thomas
G. Bradford as Village Manager through and
including April 30, 2000 . Councilmember Walker
seconded the motion. It was pointed out that
Councilmember Dalack had left the room; therefore,
voting on the motion was delayed.
Village Manager Bradford explained that beginning
May 1, 2000 he would begin working as Assistant
Town Manager for the Town of Palm Beach, and that
Tequesta would need an Acting Village Manager.
Village Manager Bradford recommended that the
Village Council appoint Assistant Village Manager
and Village Clerk Joann Manganiello to the position
of Acting Village Manager effective May 1, 2000 .
VILLAGE COUNCIL
MEETING MINUTES
April 13, 2000
PAGE 11
By so doing, the Village Council would be complying
with Section 2 . 07 of the Village Charter. Village
Manager Bradford advised that no one really knew
how long it would take to fill the position of
Village Manager; therefore, he recommended that
effective May 1, 2000, Ms . Manganiello' s salary be
increased to $75, 000 per year and that she be given
a $400 per month automobile allowance for the time
she served as Acting Village Manager, which was
less than the amounts presently paid to the Village
Manager. Village Manager Bradford pointed out that
Ms . Manganiello would also continue her duties as
Village Clerk during this time, and recommended
appointment of Richard Diamond as a contractual
Assistant Village Manager during this interim
period. Village Manager Bradford recommended that
Ms. Manganiello also be appointed Village Clerk
because she had done an excellent job in that
capacity. Councilmember Dalack re-joined the
Village Council and indicated that he had read the
memo regarding this item, so that the Village
Manager did not need to repeat his comments .
Vice Mayor Schauer made a motion to appoint Thomas
G. Bradford as Village Manager through and
including April 30, 2000; and to appoint Joann
Manganiello as Acting Village Manager and Village
Clerk effective May 1 , 2000. Councilmember Walker
seconded the motion. The vote on the motion was:
Joseph N. Capretta - for
Elizabeth A. Schauer - for
Basil Dalack - for
Sharon Walker - for
Geraldine Genco - for
The motion was therefore passed and adopted.
Village Manager Bradford explained that at the next
meeting the seating arrangement would be changed.
A plaque was presented to Village Manager Bradford
for his fourteen years of service to the Village.
VILLAGE COUNCIL
MEETING MINUTES
April 13, 2000
PAGE 12
Village Manager Bradford responded he had enjoyed
working for the Village and that he would continue
to make his home in Tequesta and have an active
interest in Village government . Village Manager
Bradford expressed his appreciation to the Village
for his employment during the past fourteen years.
X. COMMUNICATION FROM CITIZENS
VI Laamanen wished Village Manager Bradford the best in his
new position. Mrs. Laamanen expressed her opinion that
very inappropriate political statements had been made by
Councilmember Dalack at the last public meeting, and she
believed the statements had been ill advised,
inappropriate, and certainly illegal. Mrs . Laamanen
questioned the status of the proposed survey for traffic
enhancements in Tequesta Country Club Community, to which
Village Manager Bradford responded that TCCCA had
approached staff with a proposal to have traffic circles
installed at certain intersections during the sewer
construction, and the proposal had been presented at a
meeting of the Public Works Committee. The Committee had
recommended not to go forward with this proposal until
TCCCA had completed a survey of the residents to learn
their desires regarding this matter. If the survey
indicated the residents wanted the traffic circles, then
approval of the Village Council would be required, because
the right-of-way was owned by the Village. Mrs . Laamanen
reported that her sewer had been installed and looked good.
Jim Humpage questioned whether the 3-minute limit applied
to public comments regarding agenda items, to which the
response was that the limit applied both to agenda and non-
agenda items . Mr. Humpage thanked Tom Bradford and Carl
Hansen for their service to the Village. Mr. Humpage
suggested adding a Village resident to each of the Village
committees and to select the resident representative by the
same process used to find members for the Board of
Adjustment and the Community Appearance Board. Mr. Humpage
expressed strong opposition to the proposed Sprint
communication tower, which was an item pulled from the
consent agenda by Councilmember Walker.
VILLAGE COUNCIL
MEETING MINUTES
April 13, 2000
PAGE 13
Pat Watkins, 167 River Drive, thanked the Village Council
for their contribution to Jupiter High School Project
Graduation. Mrs. Watkins stated she and her husband had
lived in the Tequesta Country Club Community for 19 years
and expressed concern that the gates on Country Club Drive
and the proposed traffic circles may have been represented
to the Village Council as being desired by all the
residents, which was in fact not the case. Mrs . Watkins
expressed her intent to become more involved in TCCCA to
know what they were doing. At the request of Vice Mayor
Schauer, Mrs . Watkins provided an update on construction
plans for Jupiter High School, and reported that after a
10-year fight with the School Board, construction would
start next spring on a new high school, and described the
two plans which had been proposed. Mrs . Watkins explained
that it was hoped the School Board would come up with the
extra dollars required so that a media center and
auditorium could be included in the plans .
Hattie Siegel, 498 Dover Road, expressed her opinion that
most of the orders from the Code Enforcement Board from
1989 to 1995 which were filed with the Court had been
illegal because a fine could not be imposed on the first
order. Mrs . Siegel also expressed her opinion that the
Special Master had represented both the Village and the
respondents in cases after 1995 until her case when another
attorney had been hired. Mrs. Siegel requested that the
Village Council apologize for the actions of the Code
Enforcement Board and the Special Master, and that the
Village Manager make a statement that he had been aware of
the mistakes .
Peggy Verhoeven, Point Drive, wished the best to Mr. Hansen
and Village Manager Bradford, and questioned why the wife
of a member of the Village Council had been removed from
the Community Appearance Board due to conflict of interest
when there had been similar situations during the past four
years . Mrs . Verhoeven expressed her opinion that the
Jupiter Courier had overstepped their bounds in making it
appear that Mr. Evett was coming to the Village as the new
Village Manager. Councilmember Walker requested that Mrs .
Verhoeven' s comments regarding the conflict of interest
issue be addressed. Village Attorney Randolph explained
that a question had been raised in other instances
VILLAGE COUNCIL
MEETING MINUTES
April 13, 2000
PAGE 14
regarding Florida' s anti-nepotism statute which indicated
that a member of a Village Council could not be a part of
a Village Council that appointed one of their relatives to
another committee. Village Attorney Randolph stated there
is an exemption for communities with a population of less
than 35, 000; however, the exemption did not apply to
committees with a land planning function, and the Community
Appearance Board did have a land planning function since
whatever they approved must be in accordance with the
Village' s Comprehensive Plan. The Village Attorney
explained that there had been no violation of the law
because of Mrs . Dalack' s service on the Community
Appearance Board; however, with the expiration of her term
her reappointment would have resulted in a violation since
Mr. Dalack was now a member of the Village Council.
Village Manager Bradford reported he had written to Mrs .
Dalack advising her of the situation and that she could not
be reappointed. Village Manager Bradford explained that
the same situation had applied in the case of Mr. Schauer,
who had been a member of the Board of Adjustment.
John Ritz questioned whether the Village could do something
to speed up the sewer construction project on Fairway East
and Fairway West . Village Manager Bradford explained that
ENCON was waiting for their work to be approved by the
regulatory agencies, after which they could install the
first layer of asphalt and then the Village would start
their portion of the work. Utilities Director Joe
Grusauskas advised that Tequesta' s contract would begin on
April 22 and they had up to six months to complete the
project, but he believed the Village would be ahead of
schedule, and hoped to be finished by mid fall. Mr.
Grusauskas explained that ENCON should start paving on
April 25. Mayor Capretta reviewed the plan the Village had
made with ENCON regarding installation of the sewers, and
explained that the contractor who had been hired to do the
paving had quit and a replacement had to be hired, but
hopefully the work would begin again on April 25.
Gary Collins commented he had served on the traffic task
force and worked with Village Manager Bradford, who had
been loyal and dedicated to the Village Council and always
carried out their instructions . Mr. Collins commented that
Village Manager Bradford had kept the Village on track
VILLAGE COUNCIL
MEETING MINUTES
April 13, 2000
PAGE 15
financially and wished him good luck. Mr. Collins
expressed concern with the comment that he had heard that
with the new Village Council there was now "a mandate for
change" since the two most recently elected members had
been elected by only four and eleven votes respectively,
and stated his opinion that there were 3500 other residents
that could not be too unhappy with the way things had been.
Mr. Collins commented the Village Council had a mandate to
work together, that he had been sorry to see the Council
divided four to one during the past year, and he hoped it
did not now become divided three to two. Mr. Collins
commented that if the Council continued to be divided that
it would become just like Jupiter and urged the
Councilmembers to work together as a team and become
united. Mr. Collins stated that Jane Hansen had tried to
give up the Presidency of TCCCA for the past three years
but no one else would take the position.
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 Capretta read aloud the following Consent Agenda
items :
XII. PRESENTATIONS AND PROCLAMATIONS
*A) Proclamation Declaring the Month of April
Confederate History Month.
XIII. APPROVAL OF MINUTES AND REPORTS
*A) Community Appearance Board Meeting Minutes, January
12, 2000;
*B) Special Master Hearing Meeting Minutes, February
24, 2000
*C) Special Village Council Meeting Minutes, February
VILLAGE COUNCIL
MEETING MINUTES
April 13, 2000
PAGE 16
24, 2000
*D) Board of Adjustment Meeting Minutes, February 20,
2000
*E) Village Council Meeting Minutes, March 9, 2000
XV. APPOINTMENTS
*A) Consideration of Appointment of David Owens to a
Three-Year Term as a Regular Member of the Board of
Adjustment with said term expiring May 14, 2003.
XVI. NEW BUSINESS
*B) Resolution No. 54-99/00 - A Resolution of the
Village Council of the Village of Tequesta, Palm
Beach County, Florida, Approving a Temporary
Employment Agreement for the Acting Assistant
Village Manager Position with Funds being Allocated
from the Village Manager's Personal Services
Salaries and Wages Account Having a Fiscal Year
1999/2000 Budget Amount of $173,300, and
Authorizing the Acting Village Manager to Execute
the Applicable Agreement on Behalf of the Village.
(Staff Recommends Approval) (Prior to the reading
of this item, Councilmember Genco requested
information regarding Mr. Diamond' s qualifications,
to which Village Manager Bradford responded, and
Vice Mayor Schauer indicated she had requested that
Village Manager Bradford contact Mr. Diamond. )
*F) Resolution No 57-99/00 - A Resolution of the
Village Council of the Village of Tequesta, Palm
Beach County, Florida, Approving a Contract for
Services with IN-REM Solutions, Inc. of Delray
Beach, Florida, Relative to Tequesta 's Need to
Secure Additional Funding Sources and to have a
Grant Administration Program to be Billed at an
Hourly Rate of $75. 00, plus Expenses, with said
Funds being Appropriated from the Department of
Community Development Grants Acquisition and
Administration Account Having a Fiscal Year 99/00
Budget Allocation of $6,000 and Authorizing the
VILLAGE COUNCIL
MEETING MINUTES
April 13, 2000
PAGE 17
Village Manager to Execute the Same on Behalf of
the Village. (Staff Recommends Approval)
*G) Acceptance of Comprehensive Annual Financial Report
for Fiscal Year Ending September 30, 1999.
(Councilmember Dalack questioned what the
consequences of not approving this item would be,
to which Village Manager Bradford responded it
would be against the law. )
*H) Authorization for Mayor to Sign Annual Local
Government Financial Report.
Motion was made by Vice Mayor Schauer to approve the
Consent Agenda as read. The motion was seconded by
Councilmember Genco. The vote on the motion was:
Joseph N. Capretta - for
Elizabeth A. Schauer - for
Basil Dalack - for
Sharon Walker - for
Geraldine Genco - for
The motion was therefore passed and adopted.
XIII. APPROVAL OF MINUTES AND REPORTS
F) Village Manager' s Report, March 6 - April 7, 2000
Vice Mayor Schauer explained that she had pulled
this item from the Consent Agenda in order to ask a
question. The Vice Mayor asked that the Fire
Rescue portion of the Village Manager' s report be
changed to include a comparison of the same month a
year ago. Fire Chief Weinand indicated that month
by month comparisons could be done.
Vice Mayor Schauer made a motion to approve the
Village Manager' s Report, March 6 - April 7, 2000.
Councilmember Walker seconded the motion. The vote
on the motion was:
VILLAGE COUNCIL
MEETING MINUTES
April 13, 2000
PAGE 18
Joseph N. Capretta - for
Elizabeth A. Schauer - for
Basil Dalack - for
Sharon Walker - for
Geraldine Genco - for
The motion was therefore passed and adopted.
XIV. COMMITTEE REPORTS
A) Finance and Administration Committee Meeting: March
22, 2000
Village Manager Bradford reported that this
committee also served as the Audit Committee and
that the financial report approved under the
Consent Agenda had been reviewed by this committee.
Mr. Holt and Ms . Russell had attended the meeting
and reviewed the financial audit of the Village,
and had stated that the Village was in pretty good
financial shape. It had been pointed out that the
Village' s debt ratio continued to drop. Management
comments had been that staff needed more checks and
balances regarding payments received, which was a
continuing comment due to the small staff. Another
comment had been a recommendation to take action
regarding a person to coordinate and administer
grants, and tonight' s action by the Village Council
to contract with IN-REM Solutions had answered that
concern. Village Manager Bradford reported that
the committee had heard a presentation from Mr.
O'Hagen from Sprint PCS, who made a request to
conduct a study regarding the feasibility of
erecting a 50 ' tower on which others could co-
locate to avoid proliferation of towers throughout
the Village. Councilmember Walker had expressed
aesthetic concerns . The Committee had recommended
approval of a proposed reorganization of the work
force involved in field operations to make each
position flexible so that people could be placed
where needed, which would mean increased salary and
VILLAGE COUNCIL
MEETING MINUTES
April 13, 2000
PAGE 19
opportunities to further increase salary by
obtaining additional certifications . Village
Manager Bradford reported that advertising had
begun for the new positions .
B) Public Works Committee Meeting: March 23, 1000
Village Manager Bradford reported that the
committee had reviewed the proposal for traffic
circles in the Tequesta Country Club Community to
calm traffic and required TCCCA do a survey of the
residents before making any recommendation. The
Village Manager explained that traffic counts had
increased on Golfview Drive possibly as a result of
increased enforcement and reduction of the speed
limit on Country Club Drive. Village Manager
Bradford reported that the Village Council had
previously rejected speed humps.
Village Manager Bradford reported that the proposed
management plan for recreation and parks services
was reviewed by the Committee. The proposed plan
had resulted from the YMCA' s request for an
additional $60, 000 annually to run the recreation
program for the Village. Gary Preston had been
directed to work with the YMCA to see if a happy
medium could be reached so that the YMCA could
continue to operate the programs without the
additional $60, 000 . If this effort proved
unsuccessful, the alternative was for the Village
to hire a full-time Parks and Recreation Director
to take over the recreation programs and the parks
maintenance. No action was required on this matter
until Mr. Preston reported back on his negotiations
with the YMCA.
Village Manager Bradford reported that vandals had
consistently damaged the Tequesta Pines lights on
Seabrook Road and their Homeowners Association had
requested that the Village allow removal of those
lights and that the Village install street lights
on that section of Seabrook Road. Village Manager
Bradford explained there would be no extra energy
costs above what the Village currently was paying,
VILLAGE COUNCIL
MEETING MINUTES
April 13, 2000
PAGE 20
and the capital cost would be $20, 000 to $30, 000,
which could be funded from the current budget . The
Committee recommended the street light plan by
FP&L.
A decorative streetlight standard for Tequesta
Business District on Bridge Road, Main Street,
Cypress Drive, and Tequesta Drive. The FP&L
decorative standard was very expensive compared to
the current lighting cost for energy and
maintenance. Village Manager Bradford reported
that an engineering study had been done which
showed it would be to the benefit of the Village to
purchase and finance their own streetlights . The
Committee agreed to have staff continue to look for
alternative street light solutions .
Village Manager Bradford reported that the County
was proposing to construct an 8 ' pathway on the
east side of Riverside Drive from County Line Road
to Tequesta Drive, and would pay 50% of Tequesta' s
cost in Tequesta' s right-of-way sections . The
County had agreed to use concrete instead of
asphalt, and had indicated that they were placing
the pathway on the east side of Riverside Drive for
safety purposes . This project had been added to
the Public Works capital improvement budget for
next year.
Village Manager Bradford reported that Vice Mayor
Schauer had provided information she had received
from Sue Miller, Director of Recreation at the City
of Palm Beach Gardens, regarding a skateboard park.
The State of Florida had indicated they would allow
such a park in Tequesta Park, and IN-REM Solutions
would be used to pursue grant funding for the park.
Vice Mayor Schauer made a motion to approve the
Finance and Administration Committee report for
their March 22, 2000 meeting and the Public Works
Committee report for their March 23, 2000 meeting.
Councilmember Walker seconded the motion. The vote
on the notion was:
VILLAGE COUNCIL
MEETING MINUTES
April 13, 2000
PAGE 21
Joseph N. Capretta - for
Elizabeth A. Schauer - for
Basil Dalack - for
Sharon Walker - for
Geraldine Genco - for
The motion was therefore passed and adopted.
XIV. APPOINTMENTS
B) Consideration of Reappointment of Leslie A. Cook to
a Three-Year Term as a Regular Member of the
Community Appearance Board with Said Term Expiring
May 31 , 2003.
AND
C) Consideration of Reappointment of Paul W. Coben to
a Three-Year Term as a Regular Member of the
Community Appearance Board with Said Term Expiring
May 31, 2003.
Councilmember Walker explained that she had requested these
items be pulled from the Consent Agenda because of her
concern regarding lack of public participation in the
Village boards and committees. Councilmember Walker noted
that Mr. Coben had been appointed before 1988, and Mrs .
Cook had been appointed in August of 1985, and asked
whether any applications had been received from citizens
who would like to serve on the Community Appearance Board.
Village Clerk Manganiello responded that three applications
were pending for Community Appearance Board seats .
Councilmember Walker stated she would like not to act on
the reappointments at this time. Vice Mayor Schauer
questioned whether she would like to not act on the
reappointments at this time in order to review the other
applicants . Councilmember Walker responded affirmatively,
and expressed her opinion that if there were other people
qualified, they should be given an opportunity to
participate. Councilmember Genco stated her agreement, and
her opinion that before any reappointments were made that
all other applicants should be reviewed by the Village
Council.
VILLAGE COUNCIL
MEETING MINUTES
April 13, 2000
PAGE 22
Councilmember Walker made a motion to defer Items XV (A)
and XV (B) . Councilmember Genco seconded the motion. The
vote on the motion was:
Joseph N. Capretta - for
Elizabeth A. Schauer - for
Basil Dalack - for
Sharon Walker - for
Geraldine Genco - for
The motion was therefore passed and adopted.
XVI. A) Resolution No. 53-99/00 - A Resolution of the
Village Council of the Village of Tequesta, Palm
Beach County, Florida, Approving an Entry and
Testing Agreement Between the Village and Sprint
Spectrum LP. in Order for Sprint Spectrum to
Determine the Viability and Feasibility of the
Tequesta Water Treatment Plant Property as a Tower
or Antenna Site and Authorizing the Village Manager
to Execute the Entry and Testing Agreement on
Behalf of the Village. (Staff Recommends Approval)
Councilmember Walker explained that she had pulled
this item from the Consent Agenda and that she had
voted against the tower at the Public Works
Committee meeting because of aesthetics . She was
now requesting from Sprint if the tower was
approved that the tower not look atrocious and be
aesthetically pleasing. Joe O'Hagan, representing
Sprint Spectrum, explained that at this time Sprint
was asking to test the proposed site and that
Sprint would be glad to consider all kinds of
alternatives for the tower if the site was
determined to be a good location. Vice Mayor
Schauer commented that a new cell tower had been
erected within the past week on Old Dixie Highway
next to the railroad tracks just over on the Martin
County side. The Vice Mayor requested a color
picture of what the proposed tower would look like.
Village Manager Bradford clarified the possible
locations on the water department property owned by
the Village. Mr. O'Hagan presented a site plan of
VILLAGE COUNCIL
MEETING MINUTES
April 13, 2000
PAGE 23
the proposed locations, which would be between K-
Mart and Old Dixie Highway. Scott D. Ladd,
Director of Community Development, explained that
tower applicants were encouraged by Village
Ordinance to use disguises to make towers more
attractive. Mayor Capretta commented that the
issue was whether the Village was willing to
consider an ugly tower for the income of $15, 000 to
$20, 000 annually from each carrier, which might
total $75, 000 to $100, 000 annually, and noted that
the residents of Tequesta Hills apartments would be
close to the tower; however, they were located in
Palm Beach County. Mr. Ladd noted that erection of
the tower would certainly affect any proposed
annexation of that area. Mayor Capretta questioned
the wisdom of placing a tower in the view of the
Tequesta Hills residents.
Vice Mayor Schauer made a motion to adopt
Resolution No. 53-99/00. Councilmember Walker
seconded the motion. The vote on the motion was:
Joseph N. Capretta - for
Elizabeth A. Schauer - for
Basil Dalack - for
Sharon Walker - for
Geraldine Genco - for
The motion was therefore passed and adopted.
The meeting was adjourned for a short break and reconvened
at 9:45 p.m.
C) Resolution No. 55-99/00 - A Resolution of the
Village Council of the Village of Tequesta, Palm
Beach County, Florida, Awarding Bid Contract to
Rood Landscape Company, Inc. , of Jupiter, Florida,
for Phase II Country Club Drive Streetscape
Improvement in the Amount of $92,281 , Having a FY
1999/2000 Capital Improvement Fund Budget
Allocation of $130,000, and Authorizing the Village
Manager to Execute the Applicable Contract on
Behalf of the Village. (Staff Recommends Approval)
VILLAGE COUNCIL
MEETING MINUTES
April 13, 2000
PAGE 24
Councilmember Walker indicated she had pulled this
item from the Consent Agenda in order to ask Mr.
Preston whether the work at the terminus of Country
Club Drive at Tequesta Drive would be held off
until ENCON was done with their lift station, etc.
Mr. Preston responded affirmatively. Councilmember
Walker asked since the project had come in under
bid, whether there was any way the Village could
spend the extra money from the project and sleeve
irrigation under Country Club Drive to irrigate the
oaks going in on the Palm Beach County side of the
road. Mr. Preston agreed and stated it would not
be an expensive proposition.
Councilmember Walker made a motion to approve
Resolution No. 55-99/00. Vice Mayor Schauer
seconded the motion. The vote on the motion was:
Joseph N. Capretta - for
Elizabeth A. Schauer - for
Basil Dalack - for
Sharon Walker - for
Geraldine Genco - for
The motion was therefore passed and adopted.
D) Resolution No. 56-99/00 - A Resolution of the
Village Council of the Village of Tequesta, Palm
Beach County, Florida, Approving the Retail Water
Service and Franchise Agreement with the Town of
Jupiter Inlet Colony to Provide Water Service to
Jupiter Inlet Colony and the Retail Consumers
Therein, and Authorizing the Village Manager to
Execute the Applicable Contract on Behalf of the
Village. (Staff Recommends Approval)
Village Manager Bradford explained that he had
pulled this item from the Consent Agenda because
Jupiter Inlet Colony Town Council had made changes
in the franchise agreement which were acceptable,
but he wanted to be sure the Village Councilmembers
had the correct information, which was that upon
VILLAGE COUNCIL
MEETING MINUTES
April 13, 2000
PAGE 25
occurrence of three different situations that the
Village would pull a permit .
Vice Mayor Schauer made a motion to approve
Resolution No. 56-99/00. Councilmember Genco
seconded the motion. The vote on the motion was:
Joseph N. Capretta - for
Elizabeth A. Schauer - for
Basil Dalack - for
Sharon Walker - for
Geraldine Genco - for
The motion was therefore passed and adopted.
F) Resolution No. 58-99/00 - A Resolution of the
Village Council of the Village of Tequesta, Palm
Beach County, Florida, Awarding a Zoning Services
Contract to Duncan Associates of Juno Beach,
Florida, in the Amount of $12,000.00 for
Development of an Overlay zoning District
Applicable to the U.S. Highway One and Old Dixie
Highway Corridors, with said Funds being
Appropriated from the Department of Community
Development Miscellaneous Planning Service Account,
Having a Fiscal Year 99/00 Budget Allocation of
$29,000.00, and Authorizing the Village Manager to
Execute the Applicable Contract on Behalf of the
Village. (Staff Recommends Approval)
Councilmember Walker explained that she had pulled
this item from the Consent Agenda because it dealt
with an item she had requested when she had joined
the Village Council, which was hiring a firm to
develop an overlay zoning district. Councilmember
Walker indicated she believed this would make a
visible difference for both Tequesta and Jupiter
and thanked the Council for their support .
Councilmember Walker made a motion to approve
Resolution 58-99/00. Vice Mayor Schauer seconded
the motion. The vote on the motion was:
VILLAGE COUNCIL
MEETING MINUTES
April 13, 2000
PAGE 26
Joseph N. Capretta - for
Elizabeth A. Schauer - for
Basil Dalack - for
Sharon Walker - for
Geraldine Genco - for
The motion was therefore passed and adopted.
I) Consideration of Village Council Actions Necessary
to be Taken by Virtue of Governmental Risk
Insurance Trust (GRIT) Filing Chapter 11 Bankruptcy
on March 27, 2000.
1) Consideration of Establishment of a General
Fund Account for Payment of Expenses/Legal
Fees Associated with GRIT Bankruptcy and
Authorization to Transfer Funds in the Amount
of $50,000 from the Disaster Emergency Relief
General Fund Designated Fund General Fund
Balance.
Village Manager Bradford explained that GRIT
was a pool of governmental entities of which
Tequesta had been a member, and which had
filed for bankruptcy on March 17. The Village
Manager noted that this year Tequesta was in a
new pool, but the Village had claims affected
by the GRIT bankruptcy, as did many other
municipalities in the area. Village Manager
Bradford explained that money to pay the two
known claims that GRIT could not pay needed to
be taken from reserves and put into the
operating budget to pay the ongoing cost of
these claims, and recommended taking $50, 000
from the Reserve for Disaster Emergencies
Relief Account, which had been established for
any contingency. The Village Manager
explained that one of the claims would be
going to mediation shortly, and that the
settlement could be tens of thousands of
dollars. The Village Council would make the
decision whether to accept settlement at a
public meeting.
VILLAGE COUNCIL
MEETING MINUTES
April 13, 2000
PAGE 27
2) Consideration of Contracting with Insurance
Servicing and Adjusting Company (ISAC) of
Altamonte Springs, Florida, in the Amount of
$100 Per Month Per Claim for Providing
Workers' Compensation Claim Services on Two
(2) Open Village of Tequesta claims.
Village Manager Bradford explained that there
was no longer an insurance adjuster working on
the claim, and ISAC had agreed to provide
claims adjusting services to the Village, and
that their fee included all aspects of claims
handling, including but not limited to
litigation management, medical bill review,
evaluation and exposure reports, loss runs,
and vouchers .
3) Consideration of the Retention of Christopher
C. Riggio, Esq. , of Keith R. Pallo &
Associates, P.A. , of Palm Beach Gardens,
Florida, to Provide continuing Legal Defense
Services Relative to the Outstanding Raymond
Small Workers' Compensation Claim and
Authorization of Payment of Associated
Outstanding Legal Fees in the Amount of
$4,069.56 to Keith R. Pallo & Associates, P.A.
Village Manager Bradford explained that in the
matter of the Raymond Small claim dated July
28, 1995, GRIT had hired attorney Christopher
C. Riggio to provide ongoing legal defense
services relative to the claim. Attorney
Riggio was owed $4, 069. 56 from GRIT and if the
Village paid him he would handle the
litigation for the Village. Staff recommended
hiring attorney Riggio to continue with the
case. The Village Attorney explained that his
hourly rate was reasonable.
During discussion, the Village Attorney
explained that if the Village made the payment
to Mr. Riggio then the Village would file
VILLAGE COUNCIL
MEETING MINUTES
April 13, 2000
PAGE 28
against GRIT for possible reimbursement.
Councilmember Dalack questioned whether the
State of Florida might take over and settle
the claims as receiver, to which the Village
Attorney responded he understood that the
State had indicated they would not do so in
this case; and expressed his belief the
Village had no choice other than to go
forward. Village Manager Bradford explained
that there were other claims and that
employees were sent to doctors right away.
Peggy Verhoeven related her experience with
workers compensation claims .
Councilmember Walker made a motion to approve
the staff recommendations to (1) establish a
General Fund Account for Payment of
Expenses/Legal Fees Associated with GRIT
Bankruptcy and to transfer funds in the amount
of $50,000 from the Disaster Emergency Relief
General Fund Designated Fund General Fund
Balance; (2) to enter into a contract with
Insurance Servicing and Adjusting Company
(ISAC) of Altamonte Springs, Florida, in the
Amount of $100 Per Month Per Claim for
Providing Workers' Compensation Claim Services
on Two (2) Open Village of Tequesta claims;
and (3) to retain Christopher C. Riggio, Esq. ,
of Keith R. Pallo & Associates, P.A. , of Palm
Beach Gardens, Florida, to provide continuing
Legal Defense Services relative to the
outstanding Raymond Small Workers'
Compensation Claim and Authorization of
Payment of Associated Outstanding Legal Fees
in the Amount of $4,069.56 to Keith R. Pallo &
Associates, P.A. Councilmember Walker
seconded the motion. The vote on the motion
was:
Joseph N. Capretta - for
Elizabeth A. Schauer - for
Basil Dalack - for
VILLAGE COUNCIL
MEETING MINUTES
April 13, 2000
PAGE 29
Sharon Walker - for
Geraldine Genco - for
The motion was therefore passed and adopted.
J) Discussion Relative to Seeking Public Opinion
Concerning New Developments in Tequesta, Basil
Dalack, Village Council .
Councilmember Dalack commented he had given the
Village Council a statement expressing his concern
regarding the approach to broaden the tax base by
any legal means possible and increasing population
density. Councilmember Dalack expressed his
opinion that it would be appropriate to have
citizen input on this issue via use of Smoke
Signals to obtain a preference poll for one of two
options : (1) We want to live in a Village with the
lowest possible population density even if this
means that we have to pay higher real estate taxes;
or (2 ) We want to live in a Village that has the
lowest possible real estate tax, even if this means
living in a Village with a higher population
density. Councilmember Dalack expressed his
opinion that this was a policy question that should
have input from the residents, explained that he
had never advocated holding a referendum on every
policy issue but believed that on issues such as an
adult care facility that direction from the
residents should be obtained, and volunteered to
underwrite the cost of the survey.
Vice Mayor Schauer responded that the entire area
Councilmember Dalack was discussing was zoned mixed
use because the Village Council had changed the
zoning to accommodate businesses that were going
out of business and had decided on the type of
density. The Vice Mayor explained that she spoke
to residents in regard to their opinions; and
believed it was the job of the Village Council to
decide zoning/density. Vice Mayor Schauer
commented that residents could come in to any
Village Council meeting and state their opinions
and discuss this matter. The Vice Mayor explained
VILLAGE COUNCIL
MEETING MINUTES
April 13, 2000
PAGE 30
that the Village Council' s direction to Mr. Ladd
following approval of Mr. Burckart' s project was to
make sure it was known that the Village would have
no more adult care facilities . The Vice Mayor
commented she could not support Mr. Dalack' s
proposal because she felt this was the Village
Council' s job, and commented that whenever a tax
increase was proposed the Village Hall was packed
with residents, and that tax increases were kept to
a minimum. Councilmember Walker questioned whether
Councilmember_ Dalack would be interested in this
matter becoming a part of the community survey
which she had requested which would be similar to
the Jupiter survey, which was a telephone survey
conducted by an independent agency to obtain
residents' opinions on various issues. Vice Mayor
Schauer explained that such a survey had been done
several years ago by PMG Associates regarding the
YMCA, and the Village Council had had input
regarding the questions, and that she would be in
favor of such a survey. Mayor Capretta commented
that the density problem perceived by Councilmember
Dalack was downtown since there was no density
problem in the residential areas, that there were
only 46 lots left in the Village, plus a one-owner
parcel of land in the downtown area, and the
Village had established zoning in progress to give
that owner guidelines for what he could build
there, which had to be in place in advance. The
guidelines did not include a shopping center,
because of the intensity of traffic that would
generate . Mayor Capretta explained that under the
present laws, Mr. Burckart was allowed 24 units per
acre on the property for his project; Gary Van
Brock could build 50 very expensive apartments on
his parcel because 18 units per acre were allowed
on that property, and the Village could not refuse
because of the present standing ordinance. The
Mayor commented that staff was currently working on
guidelines for adult bookstores, because an
ordinance had to be in place before an applicant
applied for the allowed locations for such a
business . Mayor Capretta explained that intensity
was the number of traffic trips per day. A
VILLAGE COUNCIL
MEETING MINUTES
April 13, 2000
PAGE 31
shopping center generated 40 trips per day,
apartments generated 10 trips per day, and an adult
care facility such as Sterling House increased tax
revenue because they constructed a building worth
millions, required almost no parking, and only
generated three trips per day, the lowest intensity
possible, making them a perfect tenant. Mayor
Capretta advised that when zoning rules were
developed that all the factors must be considered,
which the Village Council had done. Councilmember
Genco questioned if the zoning could be changed, to
which the answer was yes . Mayor Capretta questioned
what Councilmember Dalack proposed to do if the
public was surveyed and indicated they wanted low
density. Councilmember Dalack explained he was not
proposing a rollback or change of zoning and
commented he recalled that with the application
from Mr. Burckart he believed some type of change
had been granted. Village Attorney Randolph
responded that the mixed use district allowed the
Village Council to negotiate the regulations within
that district and to grant a greater density than
was in the ordinance. Councilmember Dalack
explained that his proposal was to obtain the
residents' opinion of what should be done when
there was such a choice . Councilmember Genco
commented she did not see a problem since the
Village Council had the ability to negotiate.
Councilmember Dalack stated that when the Village
Council had a choice, then he wanted the Council to
go in the direction the residents told them they
wanted. Discussion ensued. Vice Mayor Schauer
recommended that a question on this issue be
incorporated into the community survey proposed by
Councilmember Walker. Councilmember Dalack did not
agree because the survey would be done from a
sampling and would not include all the residents,
and his proposal would be cheaper. Village Clerk
Manganiello stated the cost for an insert in Smoke
Signals was approximately $350, which Councilmember
Dalack indicated he would pay from his stipend.
Councilmember Walker suggested that Councilmember
Dalack just talk to the people to get their
opinions. Councilmember Dalack indicated his
VILLAGE COUNCIL
MEETING MINUTES
April 13, 2000
PAGE 32
proposal was to use Smoke Signals for major policy
issues . Mayor Capretta expressed his opinion that
this issue was too complicated to find an answer by
such a simple question, because residents could
indicate they wanted low density, which would mean
a shopping center could be built, but the traffic
could be horrendous; and suggested asking the
residents for their preference for very specific
situations. Village Manager Bradford commented
that one problem he saw was that Mr. Dalack' s
proposal did not take into consideration that
zoning for vacant land was negotiable and the
public would not know the tradeoffs. Councilmember
Dalack responded that how the policy was executed
would be up to the Village Council. Mayor Capretta
commented that if density was lowered that would
indicate more expensive apartments must be built in
order for the owner to make money, it would make it
expensive to build, and could discourage building;
and that it was within the Village Council' s power
to lower density but that must be done ahead of
time and not after a project was presented.
Councilmember Genco questioned whether petitions
were necessary to change zoning, to which the Mayor
responded no petitions were required since it was
within the Village Council' s power to change
zoning. Councilmember Dalack commented he was not
proposing to change the existing zoning. Mayor
Capretta explained that he was only taking Mr.
Dalack' s proposal to its ultimate conclusion.
Councilmember Dalack made a motion to use the next
issue of Smoke Signals to conduct a poll for
determining the kind of Village the residents wish
to live in: one with the lowest real estate taxes
whatever the effect on population density or a low
population density whatever the effect on real
estate taxes. The motion died for lack of a
second.
XVII. ANY OTHER MATTERS
Village Manager Bradford explained that North Palm Beach
VILLAGE COUNCIL
MEETING MINUTES
April 13, 2000
PAGE 33
had asked that the Village and all other northern Palm
Beach County municipalities support the Palm Beach County
Commissioners in their efforts to extend Hood Road from
Alternate A1A to Prosperity Farms Road. The Village
Manager distributed a proposed resolution which would
provide this support. The County Commission was scheduled
to vote on this issue on April 18 . Discussion included the
point that opposition was primarily from residents living
along the proposed roadway. Village Manager Bradford
expressed his opinion that the same proposal would be made
for Frederick Small Road and others in the future .
Councilmember Walker expressed her opinion that the Village
Council should not tell Palm Beach Gardens how to construct
their roads. The Vice Mayor commented she preferred to
stay within the Village parameter Village Attorney
Randolph advised no action was necessary if the Village
Council did not want to do anything in regard to this
issue.
Councilmember Walker requested that the Village Council
begin working on their priorities and the objectives for
the Village Manager dated March 2, 2000 and begin with item
one, a public relations plan for the potential of new
public facilities . Councilmember Walker suggested one way
to begin would be to ask the Fire Chief and Police Chief
to begin taking slides of their facilities . Councilmember
Walker proposed conducting public tours during a one-day
or one-half day period, but for people unable to attend a
tour that slide presentations could be made at two evening
workshops and one Saturday morning workshop. Mayor
Capretta indicated he liked the plan proposed by
Councilmember Walker and commented that one of the Village
committees would be working on public facilities issues .
Councilmember Walker requested that this item be placed on
an agenda for a Redevelopment Committee meeting.
Councilmember Dalack commented that two meetings ago Mr.
Zuccarelli of JMZ Tequesta Properties had indicated he
would provide a status of their position in regard to
repurchasing the Village' s segment of Tequesta Plaza for
$477, 000, and their willingness to provide a time
extension. Village Manager Bradford reported no
representatives of JMZ Tequesta Properties were present at
the meeting but had sent a letter in which they stated they
VILLAGE COUNCIL
MEETING MINUTES
April 13, 2000
PAGE 34
were not willing to give the Village a time extension,
which meant that on March 1, 2001, if the Village had not
commenced construction, Mr. Zuccarelli would cut a check
to the Village for $477, 000 and take over that lot. Mayor
Capretta explained that the Redevelopment Committee must
consider whether a new Village Hall was needed and if so,
must consider a location. Councilmember Genco expressed
that her preference would be to do a needs assessment and
an_ evaluation of what was needed.
Mayor Capretta commented that the hiring of a new Village
Manager was in progress, that the job had been advertised,
and applicants were being screened as to the most
qualified. Mayor Capretta questioned how much the Village
Council wanted the public involved and proposed
alternatives of the six most qualified applicants to be
interviewed by the Mayor and Acting Village Manager; or
having the Finance and Administration Committee or another
committee conduct interviews and letting the public ask
questions, narrowing the choice to three which would be
recommended to the Village Council; interviewing the three
finalists in a Village Council meeting and making a choice
by each Village Councilmember ranking each applicant. Vice
Mayor Schauer expressed her opinion that a special Village
Council meeting should be called so that would be the only
item on the agenda. Attorney Randolph advised that ratings
must be done at a public meeting to comply with the
Sunshine Law. Village Manager Bradford suggested staff
could come up with the top ten applicants and the Village
Councilmembers and the public could come to the Village
Administration Office to read the applications. Telephone
interviews could be done by staff to find the top five
applicants, and those could be presented to the Village
Council for_ them to interview the three of their choice.
Village Manager Bradford indicated he did not know the
procedure followed when he was hired, only that he came to
a public meeting and was interviewed, and later was
contacted informing he had the job. Vice Mayor Schauer
indicated she liked the proposal from the Village Manager
that staff would screen down to five applicants which the
Village Council would then consider. Councilmember Dalack
stated he would like copies of all the applications, but
would like staff to suggest the top ones that should be
interviewed. Village Manager Bradford indicated he had
VILLAGE COUNCIL
MEETING MINUTES
April 13, 2000
PAGE 35
proceeded on the assumption that if the Village Council was
fortunate enough to agree by a majority of four on an
applicant, then the Mayor and Village Attorney would
negotiate a contract with the person chosen, which would
be brought to a public meeting for approval.
XIII. ADJOURNMENT
Councilmember Genco moved that the meeting be adjourned.
Councilmernber Dalack seconded the motion. The vote on the
motion was:
Joseph N. Capretta - for
Elizabeth A. Schauer - for
Basil Dalack - for
Sharon Walker - for
Geraldine Genco - for
The motion was therefore passed and adopted and the meeting
was adjourned at 11 :15 p.m.
Respectfully submitted,
Betty Laur
Recording Secretary
ATTEST:
Joann Manganiello
Village Clerk
DATE APPROVED: