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HomeMy WebLinkAboutDocumentation_Regular_Tab 07E_05/13/1999 � , � � � � t. � � " VILLAGE OF TEQUESTA � �' Post OfT'ice Box 3273 • 250 Tequesta Drive • Suite 300 "� Tequesta, Florida 33469-0273 • (561) 575-6200 ; � � Eax: (561) 575-6203 e � { VILLAGE OF TEQUESTA VILLAGE COUI�TCIL MEETING 1VII1�fUTES APItIL 8, 1999 I. CALL TO ORDSR AND ROLL CALL The Tequesta Village Council he].d a meeting at the Village Hall, 357 Tequesta Drive, Tequesta, Florida, on Thursday, April 8, 1999. The meeting was called to order at 7:00 P.M. by Mayor Flizabeth A. Schauer. A roli call was taken by Betty Laur, Reeord.ing �ecreta�y. Councilmembers �r�sent were: Mayor Elizabeth A. Schauer and Councilmembers Joseph N. Capretta, Basil Dalack, and Ron T. Mackail. Also in attendance were: Village Ma.nager Thomas.G. Bradfard, Attorney Scott F�awkins sitting in for Village Attorney John C. Randolph, Village Clerk Joann Manganiello, and Department Heads. II. INV4CATION AND PLgDGL OF ALLSC,IANCE Councilmember Mackai3. gave the Invocation and led those in attendance in the Pledge of Allegiance ta the American FZag. III. APPRC?VAL 4F AGLNDA The following additions were requested under ANY OTHER MATTERS: Counci].member Ma.ckail requested permission to address an issue with Attorney Hawkins and Mayor 3chauer requested discussion of Jupiter High School. . � YILLAQ� CO'tTNCIL �BTlbtt� �dINOTS3 April 8, 1999 PAt�S 2 Coyr€cilmember Hackaf.l made a motioa ta aPprove the Ageada a� armeaded. Couac�.lmemnber Capretta aecaaded the mcytioa, The vote an the �tioa �asa bili��sbeth A. Schauer - �or Joeeph �i. Capre�ta - fcr Sasi3 na7.#tck - for Roa T. �ackail - E4r The mc�tion aras therefore passed aad adogted aad the AgestBa a�.s approveci as� �aeac3ed. IV. VILLAQrSr CQU�TCIL CQNSID��ATIO�i OF APPO��iT�IT' TO FILL D�PIR87} � O� TF� LAT`S AL�$R iP. (AL�CC� �Q� S�SAT O�. T�QVSSTA �1IL?,�At��'i COU�I�IL. Mayar SeYxausr reported �hat she had giv��. a eulogy for P�tr. �ameron at his fu�e�al service tha� a�terndon, an�i requested that the f�ag i� front of the Vi.11age Hall be at ha�.€ mast the following day in hox�or of M�. Camerc�n. �ounci�a�mber Capratta made a m�stioa t�t the €lag ia frcnt o� tha Vilia�e 8a}.1 be glcn+n at ha�.�-ma�t on April 9, 3999 ia houor a� the late forme� Cc►�sac�lmember Aleacaader (Aiec) Cam+�ron. Cowsc#.�er �a,cka31� s�co�deci the �tioa. The v�te ca tbe a��ioa �rae z glis�br��h A. 3cl�uer - ios soaegh �'. Capret�a - €or Saail Da7.ack - for �oa T. �a,ckaii - €or T�e mation +�ras therefose passed aad adopted. Ntayar Schauer extend�d syt�athy to Mr. Ca�neron's farnily. Ma,yor ,�chauer reported recei�t of letters and phone calls from resi.dents Wil�.ia�m �. Russe],1, Jr. ; Ger�.l.dir�e G�nko; v�Lr�c�s covrscrL ffiB�TING adl�iLTTTI�S April 8, 1999 PAQB 3 --------------- Mr. Little; Mr. Blurn; and Mr. Hansen expressing their interest in being on the Village Cou�cil. Mayor Schauer reported numerous letters ha.d been received from residents in favor of Mr. Hansen and stating his qualifications. xussell voa Fraak, 489 Dover Road, expressed his opinion that the who3.e eommunity was not workin� together and request�d be�ter congnunicatic�n Co the r�sid�nts €rom the village Counci].. Sharcyn �itseil, 2�7 �olfvie�r Drive, 7.i�ted Carl Hansen's qu�li�ications and urged the Gouncil to appoint Mr. Hansen to fil7. the vacant Counc�3. seat . Sharoa �Yayxard, 27 Sha►y Place, spoke against the appc�intment ot �tr. Har�en aMd urged that the citizens vote for the pers�n th�y wishecl to fill the vacant Council ��t. Sharoa �alker, 3I5 R�ver Drive, thazaked each member of the �7illage CounCil, for regponsibly following the Village Charter, expressed her opinion th� Chose who did no� agree with the actions taken by �he village Councii should work to change t�e Charter, an8 reguested tha.t the Vi1.I.age Councii appoin� Car1 Hansen to fi].i the vacant Coun�il se�t. Leolie Cook, 17 Say Sarbor, �ec�uested that the v3.11age Council cons�.der appointing someone living in a different area than the Country Club �o fiZl the v�cant seat and to give someone new a chaace �o ser�te. E3eraldiae C#eako, y Couatry Clvb Cir�le, �ressed her i�terest i� serving on the Village Council and gave her qualificatiox�s . ' Peggy Yerhoevea, Poiat T�rive, discu�sed a letter she h�d aent to the members of tMe Vill�.ge Colzricil and which had been publ,zshed in �he Jugiter Courier and requested that the vacant seat no� be fi�.Ied immed�,aCely but that VTLLAt3g �OVNCIL �a�rrxa ��rtrr�s �r�.i a, xs�s PAOT 4 --------------- applications continue to be taken by the Village Cauncil, and that someone new and from an area other than the Country Club be chosen. Mrs. verhoeven xequested an update on the offer made at the last meeting from John Giba to donate Iape1 microphones, to which Ma�ror 3chauer responded that Mr. Gatba had requested permission to speak on that issue later in the meetin�. Coun.cilmember Capretta con�nented that alI the people he had spoken with.�rho wanted �omeone new on tY�e village Council were not wi�.l:ing to serve them�elves. Couneilmemi�er Capretta questioned whether Mrs. Genko had ev�s attended a meeting before tonight, to wha.�h she responded she had not. Councilmember Capretta expres�ed �i� opinion that getti�g Qeople to serve from diff�rent �eograghic iocatians wa� a good idea, b�.t repo�ed tlaat no one I�.ad been �ril7.inc� to serve. Coumeilm�mber Capret�a e�cp3.a3ned tha� he wa� looking for a reasanab�y cN.alified persan who had expre�sed an interest in the villa�e by atten�di.n.g Village Coun�il or commit��e meetings, or serving on a Village Board, thu� indicating they were trying to b�cc>me mor� �ual�.fi.ed to serve. Couneilmember C�,pretta commented he had been unopposed for re-�lection on a couple of accasion� because no one w�n.ted the j ob, and reps�rted �hat a woman who 1 iver� on Beach i�aad who 2iad expressed an interest in serving ha.d changed her mi.nd w�en she reali�ed the amount of work required. Counc�.xmemb�z Capretta s�ated that capab�e peopie wil�.ing to do th� work were needed, and he was not in favor of appo�.�ting someone who had neve�: attended any mc�et�ngs ta �how their interest in the �Ti32age. Councilmember Capret�a welcomed everyone to at�end Redevelopment Comxnzttee meetings to learn about faci.3.it� needs and help with solt�tions, and reviewed possible alte�natives which had already been discussed. Coun+cilmember Cap�etta stressed the i�ortance of the peopl� understanding �uch issues so that they cou3.d provide their �nput. Cpuncilmember Cap�etta com4nented that the Village Council worked Y�arc� and represented al]. the people. VILLAGI� COIINCIL �BTINt� �IbiD'PSS Agril. 8, 1993 PAaS 5 Councilmember Mackail cammented that he took exception to comments that the Vil.lage Council was not democratic� and explained that each yeax each member the villag� Council of the Village Council made a list of priorities they wanted to see accomplished for the village, from which was established a list o€ pri.orities to be accomplisMed within the year; and also a list of prioritiea for the Village Manager to accc►mplish within the ��ar. Councilmember Mackail comnented he had read in the newspaper that day that the �Tillage Cpuncil was not €i.naneially or admi�tistrativelg competent, and stated he wished tMe Village audi�or� were present to hear that, because the Viil.age Caunci7. had worked very hard to maintain a very stabie tax base and the V3.11age was f�.nancially strong. Councilmember Mackail expresse�l. hia desire for �. person �o fill the vacant se�t whp was objective, who �vould work with the Coun�il and the eammunity, go out into �he eommunity to make sure they knew what people were saying and work wi�h their heart and ndt tMeir emot�.ons. Counci].m�nber Macka3l cau�ion�d it was not an easy job, that it took him 12 haurs �4 prepare for a Counci.l meeting, that weeker�d arid evening ti.me must be devoted, triat there wer� many phone calls, and that "getCing beat up at meetings was a part of the job. Councilmember Mackail expressed his desire for the most qualified person who would devote ti�n� and be a leader in the community. Coun�ilmember Dalack co�runented that each Friday every Councilmember �eceived a packet of material and referred to ar� organizat�.ona1 chart of the vi.lZa�e wh3ch had been included in a recent packet. Counci�.member Dalack commer�ted that the residents were at the top, then the Village Counc�.l, then the VilZage Manager, and stressed that �hat wa$ important was that.the �esidents were a� the top. �ouncilme�mber Dalack expr�ssed his opinion that �illing the va�ancy on Che village CounGil should be � delaye�t and that �moke Signala be used as a vehic�.e fcax an advisory ballae as he had proposed a� th� la�t meetf.�g, and that if �he ballots indicated a majority in fav6r of 1�. VILLAG� CO'ONCIL MBSTINQ �NOTS3 Apx31 8, 1999 PAt�B 6 Hansen to fi7.1 the vacant seat, Councilmember Dal.ack stated he woul.d voee for Mr. Hansen and. would nomi.nate him to €ill the seat. Councilmember Dalack stated. that the village Council had the legal authority under the Village Charter to apgoint a succ�ssor; tha� �he Char�er stated they may appoint a successor but there was no requfrement to do so; and �he only �equirements t�o be a Vil2age Couneilmember were to live in Teques�a and to be a registered voter. Counciimember Dalack reviewed his praposaZ for an advieory ballot. I�ayor Schauer repor�ed she had spoken to thrce re�ident� of Tequ2s�a Oaks, one of which had ix�dicated they were interested. l�tayor £�chauer repa�ted le�ters had been rec�ived indieating who they wished to replace Mr. Cameron and that she had beer� spoken to by many reaidents when she was out �t the groc�z~�r stor�, etc., who al�o ind�.�at�8 their desires. Mayor Schauer ccam�►ented th�t ttli� vil�a�e Councilmernbers had been .e].ected to repres�rit the ent3re vi3lage and she be�.ie+ired any decisi.on they mad� would be in t�ae }a�st int�rest of tY�e whol.:e village and would }3enefi.t the whol� Vill.age. � Councilmember Ma.ckail expressed his opinion that �he memk�ers of the Village Council had been �lected to make deei�ions and he did not believe business m�etings of the Village �ouncil should be based on referendums or an ac�risory ballot, and the job o� the �Tillage Council was to make suxe facts were b�ougY�t forward and to mak� de�i�ions based on those fa�t�. Councilmember Mac�ai3: expressed his position that he v�as not in favor o€ an advisory k�a].lot. Ma.yor Schauer recalled that an indep�ndent �irm had pol�ed resident� in a random survey ta determine their pc3sition on having the StMCA come to Tequesta, and expressc�d her opinian Chat sa�ne avenue shou3.d be follbwed in the future if a pol1. was de�ermined to be needed. Mayor Schauer expressed her opinion that the members of the village Council. had been elected to make decision� for the wY�ole Village. VILLAGB COIINCIL �SBTI� �INE3TS8 April 8, 1999 PAQB 7 Councilmecmber i�ackail mad� a motioa to appofat Carl 8astsea to fill vacaat vi].3age Couacil s�at aumber oae. Couuciimember Capretta aecoaded the motioa. The vote oa the motion �ras: 8�izabeth A. Scb.�uer - fo= Joseph N. Gapretta - for 8aei1 Da�:ack - aga3aat xon T. �taaka3l • tor The motiaa �as therefora gaeBed aad adopted. Couneilmember Dalack explained he had voted against the motion, but not Mr. Hans�n, because he was again�t the process used, to which Cc�uneilmember Capretta resgonded that was th.e proaess stated in the.Village Charter and �ny other proeess would be illegal. V. OATB OF OFFIC]i TO xI�CO�tI�4 CO'tT�TCIL'I�BBR EIF NSSDSD} village Manager Bradford admi�istered the oath af of�i.ce ta incoming Councilmember Car� C. �ians�n. Councilmember Hansen expres�ed his �ineere thanks to the va.1l�.ge Council for his appointment and thanked the re�i�l+�nts who had s�nt th� many let�ters recommendingr him and those who had spok�n in h�.s support earlier in the meetin�. Cour�cilmember Hansen welcomed phone calls from �esidents and stated he would work hard to repre��nt alI the residents of �he Vi.11age. 'VI. VILLAd� COi�NCIL RS4R�A1�'IZATIQI� A) �l�ctioa of CQV�acil Offic$rs for Saauiag Year 1) M�yor YILLA(�� COIIN�IL ad'88TIrTQ �SINi)TgS A�rtl 8, i999 PAC�B 8 Mayor ScMauer stated she had en�oyed being the Mayor for the past two years; however, current demands from her full-time job requirin.g additional. time neces�ita�ted a reque�t ta step down from the position of Mayor. Mayor Schauer thanked �he other Councilmembers who had stegped in for her when she could not attend meetings and when� her mother beCame ill. Village Manager Brad�o�d opened the floor for nomir��tions for Mayor. �fayor Schauer m$de a mot�on to aoami.nate Couacilm�em�ber �cacl�a►ii as �a�ios. Cowa�iim�ab�r Cap�etta aeGOadec� the ffiot�oa, �t�ex�, beiag ao other ac�.nat�.oae �or �s�kyar, vil�.age �[aaager � Sradford c��Ied Por a�Qte. 'T�te vote on th+s motian rrass Slizabe�h A. Seh�uer - �or �'o�teph N. +Cap�etta - for Basi]. Daiack - far Roa T. �ackail - for T�e mot3om .ras th�re�ore ga�sed aatt adQp�ed. Mayor Ma.ckail thanked Mrs. Schauer far her great j Qb as ma�*or and thanked ths vill.age Council �ar �he oppor�unity to serve as Maypr. Mayor Mac�Cail. �aledged to do tMe best j ab h� coulc� to perforrn in the best interests o€ the village. 2 ) vice-�y+ar �ayc�r �ackail paseed the gav��. �rtd made a mc�io� made a► �aotida to ac�rniaate Cs�uric�:lmember ��+�a as Vice �ayor. Covac�.�member �a�ack VILLAQS CO'tJ�iCIL ffiSBTINQ �INOTSS Apri1. 8 I999 PAGF 9 secoade8 the x�t3aa. The vate oa the motioa atas s &oa T. �ackaii - far Jasepbt N. Cagretta - fo= Sasf I. Dala�k - fpr 8liaabeth A. Schauer - for The mot3oa was therefore passed aaQd adoptad. 8) Desigaatioa of Committee Chair aad Co-Chair t? �iaaace � Admtnistratio�t Cvmaimittee � village l�:nager sradford explained tihat Che Finance & Admini.stration C4mmi��ee was alst� the Audit Committee of thQ vill�age, and the former Ch�ir had been thea vice Mayor Hanse�, and Co-Chairs had been Councilmembers Mack�il and Capret�a. During the e�.suing discussion, Mayor Mackail, Cpuncilmember Daiack, and Councilmember Capretta indicated a desire to � serve on this c�nmittee. it was the consensus a� the Village Councii that Maydr Mackai2 Yie the Chair. Counci��nember Rehauer made a�tiaa made a m+�tioa �o ap�c�iat �ayor �acksi:i as Chair of ths Fi�ance � Admit�istratioa Commonit�ee, aad to a�iat CQviacilmemb�rs Capre�ta aad Daiack as Cd-Cha,�,�cs. Viee �ayoac Saasea �ecoaded the motioa. The vote oa the matton aas: Roa T. adackai�. - foz Carl C. ��ea - for Jo�eph N. Cagretta - �or Sasi1 Da�.acl� - �or glizabeth A. Sc��aeu�er - far vaLZ�►c�s cocrHCiL �as�rr�a �sr�ss April 8. 1999 PAaS ZO The motioa uas therefore paeeed and adopted. 2) �ublie Safety Co�mittee village r+iaanager Bradford anriounced that the current Criair of the Public Safety Committee was Elizabeth Schauer and the current Co-Chair wa� Jo�eph Capr��ta. Discussion ensued. Council.member Schauer indicated a desire to continue as Chair. Couac�.lm�mber naZ�a� made a ma�ion that the PvbZia $a�ety Committee be cc�prised of CovacilatemberQ 8��auer aad vice �a.yar Sanaea. Couacilm�m�r� Caprett� s+�con8ed the a�ottoa. The ��e o� the motiaa Maes xon T. �kail - �or Ca�t C. 8aa�aE�a - �css �rosegh �. Cap�etta - �or Basil Dal,ack • for Sl�.zabet� A. Schauer - for The moti�u �ras there�ore paased aad adopted. 3 ) Puhiic �erks Ca�am�ittee Mayor M�cl�ail indicated that the present Cha3r of the Public works Committee was Councilmember F�lizabeth Schau�r. Couneilmember Schaue� expresse�l a desire to continue as Chair and vice Mayor Hansen expressed a desire to serve as Co-Chair. Caunciimember Da].ac� mad� a motioa that the Public �orka Commi��ee be cc�naprised of Couuci3�member 1�chaue�r aad Vic� �syor Saaae�. Couaeilmember eapretta secaaded the motion. The vcte oa the motion �+raB s vzL�c�s covrrczL �s�rs�ta �zrttrrss Apx�.l 8, 1999 PAt��C 11 Roa �. ffiaekail - €or Carl C. 8aasea - for Joseph �i. Capretta - far Sasil D�lack - for �I.izsbeth A. Schauer - �or The motiom +�as therefore paesed aad adogted. vzl2age Clerl� Manganiel3.o calZed poi�t of order and req�xested that a motio�i be made to include appo�.ntment� as Chair and Co-Chair for the Public Safet�r Com�ci.ttee and for the Public �orks Co�nmxttee. Coua��.Zmember i�alack made a�tioa �hat C'�ra:ir o� the �ubl�.c 8afe�y Cc�muoo�.ttee ehall be Couacilmemb�r Sch�►�er and. tha�t th� Co�Chs3r shali be vice �t�rar 8aaseaa. Couaci�ma�mber Cagretta �e�t�ndad th� motiaa. �he vate on the m,c�t3oa �►a�s= �on �". �sackail - for 6r��� �w ��88� - ft�r Jos�gh bt. Cag�etta - for 8ssi1 Dalack - for �liaabe�h A. Schsuer - for '�he m,oti.on Nas ther+sfo�e pa�aed ax�ed ado�ted. �auaci��n�er nalac�r made a mot�.oa �hat Chair o� the Pub�.ic �orks Camamittee shaZl be Yice �taya� Saasea am� that the �a�Chai.r shall be �ouacil.member Schauer. Couaci�,m�ei�ber �apretta s�c�nded the motioa. The vote o� the moti+ru� r►aS s R�� i • ��+�i� `� LKTi CarZ C. Hax�sea - for �aseph N. Ca�retta - �ar YILLAC�B COIINCIL ]NBBTI�TG �INt)T8S April 8, Ig99 PAQ� 12 Sasi2 nala�k - for Slizabeth A. Schauer - for The motioa was therefore �assed and adapted. 4 ) Redeveiopmuaat Cc�nf ttee Discu�sion was h�ld, after which the fo2lowing motion was made. Cowncilme�mber 8cl�auer made a metioa tI�at �h�eir cf the� Redavelo�eat Co�omittee sha11 be �[ayor �nakaii sad that the Ca-Ct�ira ehall b� Councilmembis�rs C�gretta aad Da�ack. Ccuaci�.member Capr�tta secaadtd the m,�tioa. The vote oa the motion Mas: Ro�n T. �a�k�il - for �a=1 C. 8aa�en - for Joseph �T. Cagretta - for Sasil Dalacl� - fo�r �I3��abeth A. �chauer - for The mot�oa xas therefor+s pasaed aad adog�ed. C) Des�gaation a� Vi3lage �our�c3�mbers a�ad Represe3a.tative$ to Yaariau�a C�overnmentai Aasemblies 1) Pa1m 8each Cct�aty League of Citie� 2) Loxahatchee Council cf �ov�e=amente 3) Paim 8eac�t Cou�tyKf.de Beaches & Shorea Couacil 4 ) Lo�ca,hatchee xiver �aa,agemeat Coordiaating CottnC�. ]. 5) Yadiauttr�a �oa8 and �ridge Task Force 6) Palm B�ach Couat�ywi8e �ntergo�rez�menta�. Co�rdiaatian �►rograi� 7 ) bTAMAC - �41iee 8 } NA�AC -� Fire vrr�r�n�$ cov�czz l�f�BTTNt� �IbtITPgS April $. 1999 PAGB Z3 --------------- vil7.age Manager Bradford suggested that the ViZlage Manager be appointed second alternate where an alternate was required, so that i�. the event the appointee or alternaee could not attend a meeeing, the Village Manager could attend in their place. Dis�ussion ensued regarding who should serve as representative to each of the various governmental � a�semblies. Vice �yor �aasea made a motiaa. to deaignate the follc��riag rexpre�eatatives as�d altera��ea: 1) Palm 8each �ounty League c�f Cities: xspraaentatfve: Counci].z�e�mber Dalack Alte�aat�: �'akyor �ackai� Secand Aiteaaa�es village �na�e�c ��adfard 2) Lo�cahatchee Cavacil of �3overaments: �:preae�tativet Counc�.3�emher Schauar Aites7,tatea vice �yoac 8�ssa. SeconB A�.tes�ate: V'ili�ge �aager Sracl�ord �) Palm S�ach Couuty+rid�e 8eaches e� Shoree Couac3ls � xepz�e�enta►tirres �filiam a. Gri�fin A9. tes�satg: John 8. 801 toa S�ccad A3.te�aatea v311age �aaager Brad�ford 43 Lo�cahat�hee �tfver �zagemen� Coordir�aeting Covacil Represeatati��: Couac�lmember Dalack Alterna�ea CounCi].member SChauer Se�oad Aite�raate: w3�lage Manages Sradford 5? Snd3a�toaa �oad aad �ridg� TaB�c Fo�ce �tepreseatative: Couucil�tember 3chai�er 3�].�e�nate: Vil.lage �aEaag+�r i�rad�ord VILLA48 COIINCIL �S�IN� I�IINU'PSS April 8, 1999 PAC,� 14 6j Palm seach Covatywf.d� iatergoverameatal Coordima,tion Program Represeatati.ve: Couacilmember Capretta Alteraate: Couacilmember D�Iack 7} . MAiI�t�C - Police Repres+�ntative: Vice �yc�r 8aa�ea A�.teraate: Police Chief Alli$oa g } N1i�,C - Ff re Repras�tatf.ve z Couacf.lmember C��retta A3teraates Fire Chie� 9 ) Sa�Btara�d 8o t �epres�atat#.vas Vi�e �ayor Sageea A3te�cnatte.r 8taff Pla�aer The matioa waa aecond+ed by C±��aci:Zm�mber Schauer. The vote on the mot�.oa .�a� s Rou '�. �taaka�.]. - for Cari C. Haa��a - �or Josa�ph �t. Cagretta - for Sa�i1 D�tlack - for Slfzabeth A. Schaue� - for '�*ha �aotion. traa the�re�ore passted a�nd atdtspted. �II. AppE3T�iZ�1." 48 �ILLAt��C OFptCS�t3 A} ConaideratiQa of Thc�s G. Sradf��d a$ V�.11age 1f�aaages Councilmember Da�aek contmented that he wou�d not appose apgoint,men�t of Mr. Bradford; however, he had the impression �hat Mr. Bradford put hi.mself first- -befo�e the intere�ts of the villac�e, and it would b� to Mr. $radford'a advan�age to put the v�.11age first. Co�ncilmember Capretta Gomment�d he believed Mr. Bradforc� did an outs��nda:�g job, and expl�in�d Chat Mr. Brac�.ford's name got attached to VILLA(�8 COIINCIL �SBTI�fG �dI1+�UT'T�S Agsi�. 8, 1999 PAG'I� 15 controversial. a.ssues; hQwe�rer, since he always d�d exactTy what the Village Council toZd him to do, the heat h� received rightfully belonged to the �illage Couneil. Cauncilmember Capretta stated that �he truth of the matter was that Mr. Bradford was an administrator who was given clea� di.rection from the village Counci.I. and who did exactI.y what he was told, and who de�erved very little of the heat he received, b�cause he could not be blamed for carrying out orders. Mayor Macl�.ail commented that Mr. Bradfard had done an excellent �ob, agreed with Cuuncilmember Capretta�a cc3mments, stated that Mr. Bradford worked endl�ss hours to prc�vi�e ix�forn�tion to the Village Council, and his e�eperi:ence had be�n that 1� . gradford put �he village first. C�wacilmembet ��ha�er made a.meatio� to reagpoiat Tho�as Sradford as V`313.age �aa�ager. Vice aCa�ror 8�sea seconded the motioa. T�ce vote ca tl�e moti.oa �+as s xon T. 3tackai.i - fvr Cari C. �aasea €or 3'QSeph �. �ap�et�a - for 8aai�. Dal�eck • for g1iz��th A. S�hauer - for The motioa Maa therefoze ��►ea+ad �d adoptgd. $) Cc�nside�t�.on of Jc�ana �aagaatella ae V�3.�age Clerk �ouncilmember Capretta comment�d that Ms. . Manganie�.ld did an excellent �ob, and had taken on the duties of Water Manag�r in addition to her other tasks when th.at posi.tion became vacant. Councilmember 5chauer coma�tented ths�t Ms. Manga�tie3.lo had e.�cceeded her respansibilities and had done an excellent �ob and thanl�ed her for her YILLAG]� CO�INCIIu ffiBB'PI�Tti �dINtTTLS Aprtl 8, 1999 PAGS 16 help. Ma.yor Mackail connne�.ted that Ms. Manganiello was well deserving of the appointment. Couaci.lmember Schauer made a motioa to Joaaa 7�sagaa�.eil.o ae Village Clerk. Couac�.lmember Dalack secoaded the motica. T�+s vote on the motion wasz �toa T. �acka3]. - �or Casl C. 8aa�ea, - for Joseph N. Capratta - for Ba�ti Daiack - for Sli�abeth A. Sahauer - ft�r The n�t3on �as therefc�re paesed aad adapted. VIZI. CO�TCAT�4N E�;60� �ITIZ�'S JaYm t�iba, 78 8airr�3,eM saat, ec�nen�ed that Caustcilmember Capre�ta had made some val.id points thaC people d�.d no� par�icipate in making decisions but were quick to critici.z� decieYt�ns iEnade by the �7i7.].age C��ncil, and th�.t not enough people came o�xt to im�ortant� vi2lage Courtcil. meetings. Mr. Giba �pre�sed his c�Qinion that t�ere w�re two reasQn� for this: (i) that there were no ann.ouncements �,head of ta.�e abou� �erta�.n meetings a�nd �hat he had macle a suggestion a 7,orig time ac�o that the ma.in items on th�e agenda be published in the Jupiter Courier and in Sntoke Sig�al�, which he believed would eneourage more peop�.e to attend and pa�rticipate i.n decis�.ons. Mr Giba st�3t�d he was referr.ing to ccm�ni�tee meeting5 as well as village Ccsuncil me�tings. (2) The second reason stated by Mr. �iba wa� that members of th� audience cduld anly hear about half of what was goin� on �t �he podium; and he hact vol.�nte�red to pa� for lapeT mic�opho�.es so �he audie�ce cauld hea� what waa said when th� �peaker was tur�.ed away �rom the micraphane. vi7.lage �anager Sradford assur�ci i�r. �iba that tihe Viliage Council was wil.ling to �plore this issue and �hat Pearson Audio was working on a qu4te to be presented to Mr. Giba, v=Lr.�c� cotr�c�L xga�rruQ ��o�rss 34,p�f1 $, i999 PhGB 1? and would need to analyze the site si.nce a di€ferent receiver would be required. Mr. Giba indicated he wanted to cYona�e fundfi for the lapel micropk�ones but that $1�, 000 was his Iirnit. 8att3.e Siegel, 498 Lfover Road, inquired as to wher� camper�sati:on was set �or the Village Ma.nag+er and village Clerk. �7'illage Manag�� sradford responded th�t c�npensation was set for the villag� C�.er1c at Che time of budget adoptzon; Comper�satian was set for the Vil2age Manager during the review process and also through budge� adoptio�. Mrs. 3iegel r�sponded that the Village Charter which stated compensatian was �o be set at a meeting subsequent to the date of the ar�nual election the Vi�.la�e Council shali pass a resoZuCian €or the Manage��s and C1Erk�s salary. Mrs. Si�gel �eferred to th� "glease Take i�ot�.ce a�d �e �:aY�.�ea section of �he agen�ia �rh�.r.h stated "If an� person deciaTed to apgeal a�xy dec.�sior� nrade b� this Cof�nc.il w�th z�sn�nect to any matter considered at t.his m�etzng oY� 1�earin�, he/she wiZ1 need a record of the Frc�c�ed�r�gs, at that, €or sueh purpose, he/she may n�ed to enscrre that a verbat.un reeord of the p�o�eedings fs rnade, whYCh record .fne1 udes the testimon�r and evidenCe upon wh.ic�i th� appeal is to be based", ancl qu�stioned. �rhen during a n�eting a r�$3.dent desiri.ng to appeal should ask for thig. Ntrs. Siegel was advi�ed that i� was tY�e responsa.bilf.t�► of �he resid,ents to have a verk�ati�n record m�d� of the proeeedings, that this was not a reque�t they needed ta make during a meeting, and that the Villac��'g Reco�ding �ecre�ary c�u].d not be u�ed for this p�rpc�se. Councilmember Capr�tta explained that at the beginning of each year 4-5 priori�ies we�re e�tabliah�d by the Village Counci� to be accomplished du�ing Che year, and also five prior�ties that �h�� wanted the V3.11age Manager to acc�plish dur3ng �h� year, wh3.�h inight or might not be in support af the objectiv�es e�tablished for accomglirhment hy the V�.11age Counci3. Coun.cilmember Ca�retta ex�,].axned that tYle Vil.lage Cauncil periodica�,l�r r�viewed Village v=Lr.�c�s covxc�L �BTING ffiT�T�tJT83 Apr31 8, 1999 PAGB 18 Manager Brad€ord•s performance, explained the process used, and adjusted his salary based on performance. Councilmember Capretta stated that the village Manager�s performance need�d to be reviewed ,every year, and should be done again since the last re�iew had been in october, 1997. Cduncilrnember Capretta commented that the top five ob��etives of the Village Co�ncil and those faar the Vi1.].age Manager should be public in�ormation. Peggy �erhoever�� Pof.�t Drive, questioned when reso].uti.ons or ardinances were used, to which Ma�ror Mackail ��sponct�d tY�at the village Council toak information provided by staf€ and based on that information made decisions. viliag�e Man�ger B�ad€ord explained that ordinances were typically used for passing a I.aw rec�uiring p].acemen� into the ViZlage , Code or if a specific Sta�e statute was �required. Vi.].3age Manager �radford ex�lained that most resolutf.oMS w�re for ac�m3nistrative purp�ses and were not �equi�ed. to be in re�olutibn form, but the Viilag� used re�olutions for the soI.e purpose of having a zeeord o� th� item being proposed. Th� Village Manager Bradfard provided e�camples to €urthex� ` elarify use of resalut�.ons . � TX. GE)�TB�' At3�bTAA A3.1 it+qms Ifeted w3th an astexi�ri� E*} are cons�:dered to �re r�utina� aad �ri�.l be enactad b�r oae m�otion. There Mi].1 be ao sapa�ate diec�sai�a oi �heae iteme wEtless a village Gbuaeilmembe� so �ec�uea�s, ia Whi�h eveat, the item wf,ll he remov�+d �rom the Canseat Ag�ue�a t�f Bu�is�e8� aad censide�ed �.a ita aormal aequ�ace oa the Agenda. Nt�yor I+�ackail read aloud the fo1.].owing Consent Agenda ztems: X. PRFs'S�NTATIt7NS AND FROCLAMATIDNS *B) Proclam�7t.fon 1�esignaCing Apri1, 1�99 as Con�ederate vrr�►�s couNC�L ��raN� �ssrn�rgs aP=fi s, 1999 gAas i� --------------- History Manth in the Village of Teqriesta. XI. �PROYAL OF MINf1"Z'E'S AND R.P�PORTS *A) Coamtuni t�r Appeara.�ce Board; Decenr.ber s 6, 2998; *B1 Finance & Administration Corrnnittee; Februar� 26, 1999; �C`1 V.�ZT age C`ouncil Meetir�g 1�linutes; March 4, 1999; *D) Special Vil�tage CounciZ .Meeting, March Z8, 1999; *S) V�Z.Zage 1�'anager.s Report: 1�rch 1, 1999 �o .A,pri1 2, 1�99 XII. A1pPOINTT��Ils'N�'S �A} CoMSf derat�on o€ R�app�.fntment o€ Mo.Z.ty Mc�`orrr��ck �Q a On� �'ea� Term on Ghe +C"omrrcun.� tp AgpesY'ar�ce �3oard with Said Tert�c BxPir�.ing Apr�1 12, 2aQ0. *B) Consideration of Reappointment of Sharon Wa3lcer to a One Y�ar 7'er�r on t�ie Corarnuni t�r A,�apearance Board ;v�Ch Said Term Br.�tpiz�2ng Apri1 11, 2�00. rx. x�w �v�r�ss � *I) Cor�s�deration of ApprQVaZ o€ V33�age PoZice �epartment Surp.Zus Item B.fd Award to W'zrtne.;s 1�otor Cozp. , Br�okZyn, New Yark €or a s�92 Ford Crow.n T�actoria i� the Amount of $2, ZSO. (Staff Reco�nends App�ova.Il *J) Consit��ration of �lppravaZ af 'village PoZice 1?epartment �u.rplus Item Bici A,ward to FZorita Paras, t�est Palm Be�ch, Flarida, for a�995 Ford �ror� ViCtoria in the Amount of $4, 55Q. (Staff Recorrmtends App�oval) �otion �s mad� 13y Vice �aZrar 8an,sex� �a appacove the Gor��nt Agenda as gubmni�ted. fihe �tioa wras aeeoaded by v=LLna� cov�erczL �r=r�a ��s Agrtl 8, t999 PAC�B 20 �-------------- Cawa�iimember Schauer. The vote oa the matioa arass i�li�abeth A. 3chauer - for � Carl C. 8aasea - for �a�eph N. Capretta - for Baeil D$laci� - for Ron T. �a.ekai�. - �or The motioa �rata therefara pasteed and adopte8. �. PRBS�NT34TIO�iB A�iD 3�ROCLAMATIaNS A) 9tatus �teport on the Eteverse E3s�aca�s Treabaaeat Facility� 8f�.1 x���et �teeae, �om � Aseoe�atea, Coasultiag �ag�.aed�. Mr. Rees� reported two we�.l� had been complet�d, ��d �inaZ ctxmpl�ti4n should be accomplisl�ed in Wav�mbe�, 1999. Mr. Reeae invi.ted indi�ric�uals ta tour t�ae plant. Mr. R��se explained �hat either we11 Could oper�te the first train, and e.xplained there had been no change ordexs to thi.s point. Mr. Resse reported that in his opi.nion the con�ractar was doing a good jab and that the � project was thi�teen days behin�. schedule; however, it had rieen thirteen c�ays �ehind for 9 months. Mr. Reeae expl�.in�ct that �he b�*st rate had been ab�ained from FP&L and re�riewed items which wtsuld be comi�g before the Village Council for apprcnral. 3�r. R�ese recon��ended that chemieals initially be leased. Mr. R�ese ver3.fi�d �hat fu11- time ir�spect3on was ir� plaCe and that ei.ther well could ful€il the ne�ds of the plant. Coun��.lmember DaIa�J� reques�ed. Mr. Reese's phone x�umber in order to taur the plant and Vice l+�ayor Han�en stated that each time he had visited the plant h� had been impressed with i.�s con�ple�eity. XIII. DI�VSLfJP�NT �AT�'8RS VTLLA(#g COUNCIL �as�rr=rra ��€rrss Agr3I 8� 1999 pna� ai A} Modiffed Site P2aa Review and Laa.dscape �aiver xec;uest for P7.asa 222, a2a II. S. Highrray One, for the addition of 4, 839 i�q. Ft. to the rear park�.ag area, arhich the applic�at propos�s to purchaee gro�nn the Village oE Tequesta. xol�er� 3har+, ]�gpiicaat. � DireCtor of Communi.ty Develogment Saatt D. Ladd reparted staff had worked with 1�. Shaw, who had made an of€er to purchas� the prQperty, and had requested modifica�ians to Ian.dseaping so that the land could be used for parking. 1+�. Ladd reco�nded that the vill�ge Council condition any approval of the si�e plan review by r�qui��ng that N1r. Shaw continue to �ursue the purch�se, obtain hecessary permits, and complet� the work. Robert �l�aw d�scribed the propert�r 3�e wished to purehas� and stated he wras req�esting a waiver Co the ].an�scap� codc? to .a�co�nc�date parking. M�. Shaw exg].aa.ned th�.t the propertg would lbok a Iot better with tk�� improvements he proposed.. Councilmemb�r SChauer questioned whether Mr. Shav� was wil3.ing to repla�� a11 of �he c�ead and dying pl�nts, and received. clarificaeio�.that the telephdn� and. power poles on the propext� eou3.d nat be se�n fro�re the st�eet. Mr. Ladd rec��rm.ended that r�placement of the dead and dying plants be m�►ide a condition of approval. Mr. Ladd cl��ified that sta�f had wor3�ed with Mr. 3haw to get as �►uch land�caping on the properCy as possible, recognizing there were serious constraa.nta on. the progerty, an.d x�egorted tha� Mr. Shaw was asking for w�ivers which were min�r and v�ere listed on the plans. Cauaci ].meml�er ScYtauer made a motioa to �cc�p� the Si te plan aad La�aBecape iiaiver Reque�st �ar Pla�a 2aa, 222 V. �. 8�,�hway Oae, �or tSe additiQa af 4, 839 Sq. Ft. to the rear pa�ki.ag a�ea, Mh3.ch the appl#eax�C progoses to pnrei�aae from the Yillage o# Tequesta, with the �taf� comaa�eats aad couditloa� that the �pplicant re�}la�e a31 dead and dyia�3 ��.aats aa th�s prcypexty, tb,�t the ap�plicaa� muet grogerly a��cesa the dumpster cn h�,B property, that t 'VILLAt�B COUNCIL �dB$TIN(� M�1�1U�8S April 8, 1999 PA4� 22 double parallel pa3ated Ziaes sha21 m�rTc the ga�kiag epaces, that the applieaat must pvxcha�e the laad Erc�m the Viilage of Tequesta for the agreed ugoa p�ice ia order for apgrogal to be valtd, aad that a permi.t ahall aot be issued fcr fi.he proposed �rark vntil a�ter the latid purchaee deaZ is clQSed. The motica aas s�coaded by Couua��member ��pretta. The vote oa the �ot3am �ras: Slizaheth A. Sehauer - fos Car�. C. 8aaeen - €or Jo�eeph i�. Capretta� - €cr � 8as�.l aalack - for Roa T. �ackail - for The �o�at3o� �+as there�ore pasaed aad acSc��ed. 8) A�pea� Qf Coammwo►i�y Appea�aa�e 8aard nect�io� R�ga�rdiag D�11ar Tree �iga Se�b�itta�. ts� ti� village Cauncil per �ect3oa 7-4(c) of the Code o� Ordivaaces. (A Quasi- Jud�.�ial 8eartagy 1} Spear3.ng za a� �f taesses, i f Req�ired Vill:age Clerk Manganiello �wore �n a11 those intendin� to.sgeak. Z) Di�alc�eure of Sx-Parte Ccmamuaicaki�►na A poll of the Villag� Council re�ea.led r�o expar�e ca�m►unication. Couneilmember Dalack clarified that he had nat discussed this matter �vith his wife, a n�ember of the Community Appearartce Board, and that his pc�sition o� this issue would be in accordance wi��h �he statute . 3? Testims�a�r af �i.taess�s and Crosa �amiaatio�n, i� Aay VILLAQB CO�NCIL ��INti �INt1TRS Agrf,l 8, 1999 PA4g 23 --------------- Attorney Gary Betensky spoke on behalf of Dollar Tree, and explained that the i�sue £or consideration by the Village Council �as a variance to �ll.ow Uollar Tree to use their serv3.ce mark and its green color. Attorn�y Bet�nsky expl�ined that the Community Appearance BQard had objected to the u�e of the green coZor in TequeSta Shoppes, where .Dollar Tree's �to�e wa� sch�duled to open the next week, which had a different col.or scheme in terms of signs. Attorney Betensky exp�ained that the colar was a patented trademark, and that the law r�garda�ng use of ct�ior for trademarkg had been discussed with the Co�nmxnity Appearance E�oard. Attorn��r Betensky distributed copies to the me�mbers of the viliage Council a€ �he leading case regardin�g thi.s i�sue f�am the Nin�h Circuit Court af Appeals far Che Ninth CirCUit and the United States Supren� �ourt ease on which the Nintl� Cixcuit Caurt had bas�d their �a�e. A��orney Betensky �xglained tl�at the LT.S. Congress had passed the Latha.m Act dealing with patents and tradem�rks, the followirig po�tion of whi.eh was re].evant t4 this is�ue: No State ar mcrn.fc�pa.Z governmen t or any poZ ��i �a1 subd.� vf s.z �n or ageno� of arry such gaveznrnent rrray reqtrire Chat a re�i ste�ed �nar� be di epZ ayec� �n ar�y marrner tha t differs from �1�e .m�rk as isrsued by the Pa�ent ar�d Trademark dffiee. ACtorney B�tensky explai.ned that the Do].�ar Tree trademark included bc►th the lett�ring and color, and the aases c�uoted had established �hat colo� waa as �portant f� a trademark as the desig�n or other features of a trademark. At�orney Betensl�y exp].ai.ned that the applicant was request�.ng to be able to use the color approved as their trade�.rk to di�tinguish their stor� frrnm competitors, Attorney Setensky explained that a significant majority of the Dollar Tree stores used their trademark, �nd £urther discu�sed the issue. vizr,nGS conrrc=L �sr�rtc� ��ro�rss ApxiJ. 8, 1999 PACaS 24 --------------- Mr. Ladd explained that the Community Appearance Board had voted to approve the application presented by� Dollar Tree subject to the color being changed to conform to the uniform sign color of the shopping center on both tlse main wall sign on the building and the sign that would be on the free- star�d�.ng s�gn. The marque sign under the walkway was aZ3.owed to keep the green color. Mr. Ladd exp�ained that the Community Appearance Boa�rd did not want a color that would clash wath the other established coZ4r� 3.n T�questa Shoppes, and several times had mentioned. that even waigreens and Pub].ix had volunte�red to change their col.ors ta confo�m. Mr. La�ici stated he did not know wheth�r the colors of Walgreens a�:d k�ub].ix we�e trademarks. Attorney B�tensky explained that the shopping cen�er � landlord had contraeted �rith �o21as Tree and offered no objec��.ou to thei� sign calor, and exp].ained that case �terial. and.phatographs taken arour�d th� Tequesta area of other shopping centers sh�wing d�f�erent signc� had been pravided to the �ouncilmembers. Attorney Betensky indicated the pos3tion of the applicar�t was that their sign �olor would not detract €rbm the beautg of �he vil.lage. Counci�.me�rber Capretta commented that this iSSUe � was a].egal question and c,�uestion�d Attorne�* Hawki.ns, who responded he ha8 been substituted into the mE�ting a�.d had not reviewed the case other than to read the backup mate��.a� provided, whf.ch apg�ared �o say wh�t had b��m reported and that he had na reason to beli�ve it had not been properly reported. Councilrnernber Schaue� qu�stioned Attorney Har�kins regarding �.nformatiz�n provided on the cass decision made by the Ninth Circuit Court. Councilmember Schauer discusaed the Dallar Tree store in Stuart, stated it would l�ave b�en nice to Mave h�,d the VILLAt#g COUNCIL a6S8TIN� �IN[7'P8S April 8, 1999 PAaB 25 information provided by the applicant at this meeting before the meeting, and indicated that most shoppers did not care what t�.e color of the sign was, but that they liked the store. � Attorney Hawkins stated he had r�ad the opinion of the Ninth Circuit CourC and quoted the following material: We hoZc� that a zoning ordinanee may not require a change in a reg.�stered rrt�rk. A aoning ordinance rrtay, however, precZ ua?e the ciispl ay of a �rtark, as Terrr�e did when i t precl uded BI oc�brrster fram constructing i ts awning on the e,leter.ior of i �ts Zea��d �uiZding �n the shopg.zng cerrter. Pr�eZtzdsnc� d.fsplay af a mark for zon.ing purposes is perntissiblei requfrin� al teratiort of � nrax�l►E �s not. • �auncil�nember C�pret�a expres�ed his opinzon thaG tk�e Vil�.age Council had no choieE since the o�inipn _ sCated th� color cauld not be changed. CounciZmember Da�.ack stated he was not preparEd to vote on this i��ue tonight, and i� the statute absoiutely� prohibited he would voee for revers�l; i€ it did not, he would vote to uphold. Paul Coben, member of the Community Appearanee Board, discussed the co].or of th2 Dallar Tree sign aG the stua�t store, which was white. Mr. Coben explained that the green �olor was garish, in�entioned to clae�h with other eo�.ors to draw • att�ntian to the �ollar Tre� sign. Mr. C�sb�n commented �hat the Community Appearance Board had comgromised by aZlawing th� green color to be used in the sign ur�der the wal.kway, and stated tl�at the only excepti.on to uniform sign colors in th�.s shoppin� c�nter was the Raymand James sign, whieh was stai.nless ste�l and therefare did nvt clash with the other �olors. Mr. �oben commented th�t _ Walgreens and Publ.i�c had changed th�ix� colors an their signs and que�tioned why Da1Zar Tree would F VIL7�AGS COUNCTL �S�4T�Nt3 �dli�'(EJTRS Ag�il 8, 1999 PAa$ 26 want to make trouble rather than being a good neighbor. Mayor Mackail stated he agreed with the decision of the CamYnunity Appearance Board. A�torr�ey SetBnsky stated that 14Ir. Coben was more aggressi�re than he had been at the CommuniCy �.ppearartce saard �neeting, where a nice dis�cussion had taker� pla�e. Attorney Betensky stated that Mr. Coben maae i.t sound like Dollar Tre� had intentiona.11y design�d this aign for �his sf�opping c�nter in the green ca3or to c�a�€liet �i��i the other colors, and that was no� tru�, sinc� they had been using tMis col.or n�t�onwide sinc� ].99i. 1�t�arneg Betensky stated Dollar Tree believed �h�mse�ves ta �be �ocx� nei�hbors, and �oak excep�ivn to the comment th�t tl}ey w��re r�c�t; and exp3.a3.n�d that had also beer� mentiorted a� t�e Comm�nity Appe�.ranee �oard meeting, aiong with accusation� �hat Dollar Tree Mad co�e in with �.n�imi.dating lawyers, wl��.ch was untnxe . Attorne� Heten�ky exp�a�.ned that he had b�en �etained to represent and be �he mouthpiece �or the applicant at th� village meetings, and that �ollar Tree expect�d �o b� a tenant fn Teque�ta �hopp�� far a Iar�g time. Attorney Betensky stated that since the issue regarziing the walgreen� and publix �ign colors had bee� raised th�t the app�icant had researched and found that neither Walc�re�ns o�r Publix colors had been trademarked, whieh aras why cc�Ior had not been an issue with tl�em. Rick Pelkey, Pra�ect Manager €or pollar Tree stor�s from thea.r corporate off�.c� in Ch�sap�ak�, virginia, �xplai.ned that prior �o th�ir �xervice mark regi�tration they had had no recourse against mun�.cipalities or landlords dictatin�g the color, size, and d�sign of their signs, and that �oine older �tores did not �ret di�play the tr�demark. Mr. Pelk�y ��plained that VtLLA(�8 COIINCZL ]i�88TINC# MINi�TB� April 8, 199� PAE�B 27 the trademark was for identification so that people would kr�ow v�hat was in the store when they saw the sign. Mayor Mackail explained that what other stores displ.ayed was not the issue; the issue was only that th.e colo= of the sign for the Tequesta store con�Qrm. eouncilmember scl�a.uer read from a Iett�r dated 198� to the builder �f the shopping cent�r setting forth a Con�mtznity �.ppearance Board decision regarding a color band of burgundy/r�hite/turquoise which had beer� �evised to c�nly white. Mr. Ladd exp�.ai.ned tha� th3s s3�opping c�nter had the rnost �uccessfu]. uniform sign colors of any shogp3.�.g centes in the Village. Mr. Ladd e�cplair�eci that uni.form sig�. coZors were either provided by the land3.ord or by the Vi.l3age when �n appli�ation was subma.t�ed. Vice Mayr�r Ha�sen expre$sed supporC €or �he de�cision made by the Community Appearanee Board. Council.member Capretta stateci he was c�isgusted that th�:s matte� was before the Village Ct�uncil sinc� it �vas abviously a lega� �.ssue and i.f the Village was legaZly required. to comply then the v�.11age should comialy, Counc�.lmember Capr�tta stated he did not knaw why the Village Manager had allQwed this i.ssue to be vn �he ager�da wi�hout a lega7. opin,3on; and questio�ed �Ctorney Betensky as to wb.ether the applicant wouid I.�gally pursu� the i�sue. Attorne�r B�tensky responded he had not receivr�d direetion fram the appl.icant regarding whether the� wou�d gursue 1ega1.ly; but pointed out this was conternplated in the Tequesta �oning code in Section 12{3; which stated th�t standard trademark signs may be permitted provide8 they meet tY�e tecY�nica� requ�.�ements of this �e�tion and the building and �1�ctrical codes. Atto,rney Betensky explainec� that the applicant believed they met those technical. v=Lr�►�$ cov�c=L Mss�r�rr� ��€rr�s Apr�.l 8, 1999 PAl3� 2 8 requirements. Attorney Betensky stated he s�ood corrected on the Wa].greens matter, having learned that �.� 1998 Walgreens applied for a service mark in red whi�h was now pending. Attorney Betensky stated the applicant was being bound because sc>meane in 1986 decided. to set up the shopping cent�r with a u�ifarm sign code, and �hat thi$ was thirteen years later and business pxactices had changed. Attorn�y Betensky exglained that we did not live in a uniform society, mentioned that the wa�� sign could not be seen €rom U.3. One, that Dollar Tree cauld not begin to deviate from the trademark because of n�ainte�:a,��e ��qui��ments o� , the trademark, and respectfully disagreed that color was not important, citfng the Shel1 sign wha.ch tveryone recogniz�d by its color. Councilmember DaZack que�tioned Attor�ney Hawki.ns re�ardin� Vi.li�ge code w�ich required a d�:eision by �he village Ca'�uncil within sev�n days of the me�ting appealing a dec�si.on by the Community Appearance Bo�.rd. AtCorney Havrkins res�onded that it had been determined th�.t the case must be heard at tonight�s meeting; and informed �he village �ouncil that �his case did s�� what had been r�presented by t�.e a�plicant �.n terms of the inability of a 1QCxi �overnment to eY�ange a trademark. Attomey Hawkins stated that thi.s was a Ninth Circuit Court case whi�h was not n�cessarily binding in the Eleventh Circuit Cou�t, which w�as the gover�ing �au.rt for tha.s area. Attorney Betensky v�rified that th.e Supreme court case provided did not ac�.dr�ss the Lanham Act in regard to �he case of tMe �tinth Circuit Ca�rt, but had been ti.ncluded to point out �hat colox� could �e trademark�d. �) Findis�g o� Pact �ased 'C�soa Co�eteat, Sube�aatial �id�aCez VILLAGg C4IINCIL �S�INt� �INETrS3 Ap=il 8, 1999 PAa$ 29 --------------- a) �oticu to Agprove/Deay/Modify Agglicatioa/ Apgeal � Councilmember Schauer made a motion to postpone jud�ement until the next meeting to allow time to review the ma.terial pravided. Vice Mayor Hans�n second�d the motion. Councilmember Dalack requested an amendme�.t to the motion �o add the p•rovision tk�at an opinion hy the Village Attorney be provzded vwrith a recommendatian to �he village CounciZ relative t4 their decision. Village Clerk M�nganieZib calied point af orde�, sta�ing that a motion had been made and ��conded and quest�.oni�.g w�iether the motion must be acted �pon be�ore pro�eeding with an amendm�nt. At�o�ney Hawkine advis�d that thQ mak�r of the motion m�zst agr�e to the amendment and the motion. mu�� be re-seconded with the amendmen�. Covn.cilmember Schauer agreed.to the amendment. �ittorney Hawkins $Cated he waS not cl�ar that the V3.�.I.age �ouncil was entitl�d ta �ause a postponemerit ta occur on their decision without recomrening within the sev�n-day �i.me period required by �he �iilage Code. Village Man�ger Bsadford e3ara.fied that the Vi11�ge Coun�il would have to meet in seven days to r�convene this hearing at a special meeting held sol�l.y for that purpose ant� Co make a de�ision. AtCer further df�cussian, Counciimember 3chauer stated. she would withdraw her motion. Couac��.lmember S�ha�ter stated eha Mvuid make a aex motiaa ta dez�y th� agpeai . CQu.nc3.lmember Capretta commented tk�at h� would like to �everse the mation to approv� the �i,g� if the V'illa�e Ca�nci�. was legally allowed ta do so, and that it was up ta the Villag�:'s attorney vsLZaQ� covxc�L �TZNG �IbiOTgS April 8, 1999 PAt�7� 3 0 --------------- to tell the Village Council whether it was legally allowed. to deny the appeal.. Councilmember Capretta stated the Village Manager should not have allowed this appeal to be on Che agenda when it needed a legal opinion, and that Attorney Hawkins had nat given the viZlage Council any advice. Counci3.member Capretta commented it was cl�ar that �he viZlage Council would support the Con�,nunit� Appearance Board' s decision if it were legaZ to do so, but t�te attorney for the appiicant had stated.it was not legal, and �he two attorneys ne�ded to get together and �hen �ell the village Council wY�at w�.s legal. Councilmember Capretta asked that the ��torn.e�*s work out what was l�egal. Mayor l�iacl�ail stated that it w�.s �th� desire of the V�.,�laga Council ta a�iere to trie deeisi�n of the Communi.ty Appearance Board. . Cox�acilme�iber Schauer stated tl�at she �+ould re-�ta�e her mo�fo�, rrhi�h �raer to deny the appeel sac�. �o ��g�art the �ommauai ty Apgearaace �c�ard. Attos�pr.+a�+� �ete�sky► �t�eted tf it ►�rould assist tha village � Coua�il to i�uarve a lega� csp�.n,ion that h�e xould be mar� t�au �ppy to di.$�usa t�� l.�ga�. is{�ue� with �1�toraey 8anki�s, At�c�=ney Hat�►kius stated it �ou7.d I�tave to be �tipuiated this eveni.�g tha� ��is heariag �rouZd be �e�c�veaed wri. t�i3.s� sevea tiay# . Cow�c#.�.m�mbe= S,eu�s�n �ecoaded the mo�iaa. The vote oa the mc►�iQa �ras: �li�a�e�h A. Schauerr - for Cari C. 8aasea - for �oseph �'. Capretta - ab$Ca3a � Hasil Da3ack - for Ron T. �'a�kail - for VIT,LACi$ COVHCIL �ETIN� �INqTSE April 8, 1999 PAAB 31 village Clerk �aagsaiello ad�vised that it wae aot possible to abstain valesa there waa a conflict of iaterest. Couacilmember Dalaek stated he �uld vote for the mQtioa. Couacilmember Cagretta st�ted he did aot sge horr he +could be forced to break the laM eiace th� a�gplicax�t' a attoraey had etat�d f.t o,rae illegal do Bo, aad �hat had been �oafirmed by Attas•uey 8axkias. Cauaeil�asmber Capretta statec! he dfd ac�t see ]u�r f� ather membere a� �h� village Couacil aouid vo�e Che xay t�ey did axtd ua18�8 A�tc'�rney �e�'kiYts toid Couacilmemabe�r Capacetta tha� he Cou�.d 1�agaily �t� Cc� sup�ort th� Cooaman�ity A,�pear�uace 8oard he did not eae hoM h� cQuld be ask�sd to break the 1aw. Attoruey HsM]cf.�► e�la3ne�! �hat xhat he h�d �t�ied to sa�r t+� �he Vi�7.ag� Cauncil �+as that t�e aet seem�id tr� say Mt�a� the. agp�.ica�at represeated it to ��►y aae� the cas� s�emed tar �ay r�►�2�at the applicaat ropre�3ented �t to says tbe Suprec,�a Cc�trt c�se had beea clar�.ff.ed �hat thexe �as a�thi�tg ia part3cular ia.thst case b�aring aa the issuet aad the ca�e �ras a �iinth Circuit Court case �rhi.ch �a� aot fro�oa our circv.i�= hoNever, the Act o� Coagresa � seeo�ed to �ay �rha►t the applicant r�spre�reated that i t aaid- -�ae� you +�at�ao� as a 1oca1 govermea� cause a m,arlt to be alter�d. Cc�ugcilmember Capre�ta atated that a�eme� �ai�ly c�.ear� Attoraey Ha�ki.na �tated that Beemed to be wrhat �+as iadicated. �yo� �Ssckati]. questioned t�►e vate, to �rhich the Rec4rdi�.g �ee��rta�r respoad+�d ti�at the rrote ha�. beer� €our ia �avcar �ri�h oae agaia�t. C�uaeilm�ar Capretta ciari�i�8 that he df.d aot vote aga�.ast the motic�n, riut had t�bsta3aed. �be motioa �+a�s there�ore ,pa�sed aad a+3Qp�ed. VILLAE�S COIINCIL �ST'�Na �tINO't'88 Apri�. $, 1999 PAQrS �a --------------- A.ttorney Betensky questioned whether further appeals could be made within the municipality and was advised by Attorney Hawkins that further agpeals must be made outside the municipa2 systent. �, x� avs�r�ss A. Coasideratioa o€ Aggroval of the v31l.age Maaager•s Praposed Appoiat�meat of i�ttheM �tor�3soa aa Tes�,u�ata Qti.Iitfes n�r�ctos Pursu�at to S�ctioa 3.Oa t7) of the vt3lage Chart�ar. tSta�f Reca�ead� �pproval) Village Manage� B�ad�ord ea�plained that Mr. Morrison, currer�tl�r employed b� the C�.t� of Wese P,a].m Be�ch Utili�ies I�ep�rtm+�nt, �ad been th� top �hoice for Te�uesta Utilities T�irector. village Manager Bradford reviewed Mr. Morrisdn�s gualifications, introduced Mr. Mor�ison to the villa�e �ounc�.l, and reec�mmended his appointment as the first Tequ��ea U�ilit�.es Director. Mr. l�tarrison a�sured th.e ViZ�.age Council that he wou].d make sure emp�.oy�e� were we�.l - tra�.ned in curr�nt technology far xeverse osmo�is, ar�.d provided iafortnation regarding ha.s dutie� at the West Fa.2m B�aEh Uti.l�.ties D�partment. Mr. Morrison was welcomed b� the uillage Cou�cil. Mayor Mackail e�cpressed his interest in passibl� €uture e�tpan�ion of the '�illage�s water sales ar�a. vice xayor �ausea msde a motioa to Apgro�e the viilage �aa�gerr s recoavmoaendat�aa to appc�riat �atthe� �corrisc�n as 'TecYvices�' a firs� Utitities Dir+ectc3r. �otioa �e �ecouded by Couucilmembar Se�uer. The vot� on the� motiaa� ti+ae: i�l3zabeth A. Schauer - �o� Carl C. 8aasea - Por sosep� N. Ct�gretta - for * VILLAGS COUb�TCIL �aTr�ra �cr�trrss Agril 8, I999 gAa� 33 Basil Da�.ack - �or Roa T. �ackail - for The motioa �ras therefore pa.esed aad adopted. 8. xasoZutioa �To. 25 - 98 j99 - Approviag Bid A�rard � for the Bioicgical Moaitc3riug Pr�gram (�upiter =alet) to Toxikom of J`upiter, Flo=ida, ia the �uat o� $47, 877, �ri�h Fu�tda� Beiag Apgrapriated fsodm t�e 1�ater 8ev�3uue BQads, 9e�t�e 1998, aad �utb�arigi.ag the viil�,ge �aaager to �rec�te the Appiica�sle Goatract oa Behalf ot th� Viliage. (Staff �tecdm�nneads Approv�l ) Attorney Hawl�ins read Resplu�ion No. 25-98/99 by title on3.y. vi�lage C1erk Mangai�ieTlo exgla�.ned that t��.s monitoring g�ogram was a req��.rement under th� village's zndustri�l Wastewater Faci3.ity Perirnit for reverse osmosic� . discharge, and was conducted �to verify that no significant impact to the receivi�g waters occurred. Couaciimember �cha�uer made a matioa to approve Resa].ution l+�o. �5-98J99. �sotton aras seeoaded by �on�ecilmember Cagretta. �he vate� oa the mA�ioa �+as: Blfaabeth A. Schauer - for Carl C. SaaB� - tor Joaegh M. �apr�tta - fox� easil. Dalack - Ear ROa T. �a��Sf I - fQ]r The motioa �►aa there�or� paased �.ad adopted, Couneilmembe� Dalack questioned wh�ther it was required that voting by the '�filage Council be t�ken by roll call for each individual or w�.ether voting �ou3.d be done by asking for �11 in favor and al�. oppbsed. village Manager Bradfard e�cp].ained that �Ghe Vi].lage Coun�il had chosen to 3 � VILLAQ� COVNCIL l�ST�I�(� �Il�t'IT�S Apr�l 8, 1999 BAt�R 3 4 vote by roll ca11. Council.member Schauer explained that the Village Council had ma.de that decision when a problem had resulted because a former Councilmember wbuld not acknowledge his vote. C. xesalutirna No. 26-98/99 - approviag Sid Avard gcr Well Rehabilftatio�t fo� a 16 �onth Contract (�'uae 1, 1999 through Septembp�r 30, 2000} to Aqa3fgr �'a.iateaaace and Perform�aaee $yatems (A�Sf af riavie, FZor#da, i.a the Amatu�.t o€ $89, 450, frith Funds for FY i998/1999 Sef.ng Apg�opriated frc�a tha �ater �nterprise Fund, H�:ving a FY 1998/1�99 Sudget Ailocatioa of �40, an0, aad Sttb�eat tc �uad� B�ring App*opriated a�td Apprc�rred by the Vt].lage �ouacil €or �`![ 1999f 2�pt3, axcd Authoriziag the v*3.lage �aaager to S�cecute the Appiicable �oatract aa �eh�►if of the vil. Zage . t Staf� �teaommerad+a A�pro�ral ) Attorney Hawkins read Resoiution No. 26-98/99 by title only. village Clerk M�r�gan�ello e�plained that this bid award would pro�ride fwq,ds for wrell rehabilit�.tion for the village�s surfici�� w+ells for �h� remainder of the 1998j1999 f3.sea1 ��ar and for FY 1999/2000 sul�jeet to Vil].�ge Council ap�rov�l for T�'Y 1999/2000. The contract was based on a unit cost per well for reh�bilita�fon and on an as needed basis. Vice a3a,yc�r 8aasea made a m.otioa to a,pprave Re�olution i�a. 25-98/99. �o�iog wa� secanded by Coua�iln►ember Capre�ta. The vote oa tSe moti�a x�s: Slia�.beth A. fichauer - for Carl C. 8�asea • fc�r J�tseph �. C�pretta - far Sasil nr�lack - �or Ron T. �acl�ail - for �he motiaa �va:e t�erefare paa�ed a�nd adopted. VZLLA�B CODNCIL �s�csxt� �sx�rr�� April 8, 1999 PAG{S 3 5 D. Resolut3oa �ic. 27-98/99 - AgproQiag Sid AMa.rd �or Geaesal Labora�ory Bervices �or a 16 �anth Coatract (�i�ae 1, 1999 thrangh S�gtember 30, �00�) to Toxikon af J�piter, Florida, ia the Amauat of $Z1, 515. 6t3, Ki th Fuads fvr 8Y 1998/1999 Seiaq Appropriated €rom the 9�ater gate=prise Fund, 8av3ar� a FY 1998/1999 8udget Al�:oc�etion o€ $�6, 5�0, aad 3vbject to Fuads Seiag ]�proprf.ated aad �prprc�red by the V31I�g� Council for FY 1999/2t?00, aad Authoriziag the vill�ge Maaager to 8xecut� �he A�Yf.ca�t�2e Caatract oa 8ehali of the Village. i8taff Re��ads Appsoval3 Attoxney Hawkifls read Resol.ution N�. 27-96/99 by title only. Villa�� Clerk Manganiello e�pla�.ned that this bid award would provide �unds ger�eral laboratory servi.�ces for th� remainde� c�f �'Y 1998ji999 and for FY 1999/2000 sub�ect to Village Cbunc3l approval €or FY 1999�'2U00. Z'�:e contract r�ou].d cover performi.ng sampling and analys3.s of the village�s raw a�.d finished wate� as required by regulaCory agencies and as needed by the Village. vic� �saay�or Haaaea mada a mptio�t t+r� approve �esolutioa �To. 27-98f99. �otioa r►as second�d hy� Counc�lmember Capr�tta. The vote an the motica xass 8lizahet� A►. Schauer - for Ca=1 C. ��nsea - €o� sas�ph �. Capr�tt�s - �or Saail nalac�c - �or xoa T. �ackaf 1 - for The �tioa xa� �herefore paa8ed aad adopted. �. Reeolutiaa No. Z8-98I99 - Approviag a P�rapoaal for Lea$e o� 8yd�ogea P+�xc�xi�e S�rBtem aad Purcha$e of �ydrogea Peroxide �ieaessary �or tha gretreatmez�t of the �fflu�t Di�rposal £rc�m� the Reverse �ismosie Tre�►tme�at Farc�,lity t�or vzr�c�g cavr�caL �cesr�rrc� ��gs April 8, 1999 PA�g 36 a 16 �oath Contract tJvae 1, 1999 thrangh September 3Q, 20001 to vtiilcaa Chemical. Teebaalogies, �ac., of 4rlaado, Flor�.da, fa the Amouat of $35,4Q0, Mith �unds Being Appropr3.ated f�am� the xater xeveaue 8oada, Serfes 1998, aad Authcrizing the vtllage �aaager to .8aecute the Appl�cable Docwaa�ats on Behalf o� the Village. (Sta€f �teccxaaimeads Ap�grcrvai } Attorney Hawkins read Resoluti.on No. 28 �98/99 by title only. village Clerk Manganiello explained that this bid award wouZd provide funds to 1ea�►e a hydrogen peroxide system for 16 months in order to p�etreat Che reverse asmosis d�scharge with this chem3cal as reguired by th� Village�s Industrial Waste Pc�m�.t from Florida �epartment of Snvironm�ntai Protection. vice Ma��or 8aa�ea mad+� a motian to apgrove 8esolutton No. �8-98/99. �otioa wa� $eeoaded by Couaeilmember S�hauer. The vot� oa �h� mAt�oa �rasa SlizabeCh A. Sahauer - for Carl C. �aaaea - for Josegh N. Capretta - for Ba,�3.� �alack - €or xc��n T. �ackail - for The matioa w�s therefore passed aad adopted. F. Resoiution No. �9�98/99 - AMardi�� Sid to A1ello Lan.dscape, ia+�., of �obe Sourttd, Fiorida, for Cc>uatry Club D�ci�re Streatacap+a Zmprev�ata ia the 1�avat cf �133, 775, Savtng a FY 1999 Cagital xmprovement Fuiad Total Sutiget Al�.ocation of $13g, Ot34 and A�tho�i�iag the Vila.age �saager to S�ecute t�he Ap�pli�ab�.e Coatraat oz� Seha�.f o€ the 'vi 11 as�e . t 9 ta f f��comomestds Approval ) Attorney Hawkins read Resolution No. 29-98/99 by title VILLAG$ COIINCIL ��rzrra ��rrss April $, 19�9 PA(�8 37 ----�---------- only. Director of Public Works Gary Preston eommented that the only bidder had been Aiell.o Landscape, Inc., which had previously provided exce�lent service to the Village; arid expiained that this bid would cover Phase I. Mr. Preston comntented that this project had be�n very well received by the residents. Mr. Preston explai.ned that a1.1 sewer work was scheduled for Phase III, appraximately two years from now. Councilmember Schauer commended Mr. Preston � for a gaod �ob in working �ith the residents oM this pxoject. Th� advertising pxocess was explained for the benefit of Caur�czlmember �a�ack. �ovaci7a�ember Schau�r mnde a mc�iaa to approae �tesolution Na. 29-98/93. �bt�.o� rras s�coa�.ed by viae �ayor Haa�ea. T'I#�e vote aa the mo�ioa �xas a �].izabeth A. Sahauer - far Carl C. 8aasen - �o� Jo�eph M. Capret�a - €ar Basil balar:k - f�r �on T. �ackail - fox The matfoa aas the�re�ore pass�ed sn8 adopted. C3. Re�oZutioa Np. 3t}-98/99 - A+��rdiag viliage Heaith ta�uraace 8e�ef�.t Plaa ta Fiari.da �suaic�.pal =n�u��ce Trust af �r],andd, �larida aad Authori.siag �he vi,�iage ��9er �o sxecute �ocumaeata� �eceeeary �c� 8ffee�uate the �ame . ( S ta� f �ec ammo�read� �p�pro�ra� ) Attorney Hawkins read Resolution No. 3Q-98/99 by title only. Vil�.age Manager �radford compared the propos�d plan Co the current IIz�ited Health Care plan, and explained how it would affect diEferent empZo�ees. village Ma�ager Bradford explained that the propoaed charige wauld provide vz�,�as conrrc�L �css�rsrrt� ��trr$s Agril 8, 1999 PAGB 38 over $73,000 in savings to the taxpayers and employees wouZd save over $7.2,000 in p�.�roll insurance deductions. Co-payment� per of€ice visit would increase €rom $�.00 to $10.00, a larger service network would be provided w�th gre�.ter beneff.ts when an employee went outside the network, � dental insurance discount would be provided, and the totaZ claims per per�on cap wouI.d Change from unlimited to $1 ini.liion p�x� person. Vi11a�e Manager Bradford expl�ined that the Fraternal Order of Pol.ice and the Communicatio�.s Workers of Arnerica had been no�ified of the proposed change. The viilag� i�2anag�r ��.plained how the propc�sed plan wouid affect tihe different classes o€ employees. vil.la�e �+1a.nager Bradfo�d requested authority to change �v the prc?pbsed plan and to grovide . the information to �he �mpYayees. Councilmernber Capretta questioned whether benefi�s were negotiable; to �ich tY�e Village �nag�r resgar�dec� Cha� any additi.oriai be�efits rec,�a.ested would Cau�e the cast af �he pl�n �o increase. It was pb�nted ou� that i� was cii.��icult : to . obtain qoc�d heal�h covera�e because of serious pre-ex�sting condition� of �orne �Ioyees. Councilmember S�hauer requested that th� �'illage Manage� Hradforc� ask wheeher alternatives could b� provided. Counc�:lmembe� �al.ack exp�ess�d greference that the majo�ity of employees mEak� t�i� decisi.on. It was elarific�d that pre-��cisti�g cvr�,ai�ions wou�.a be cov�red under the prap�sefl plan. Magor MackaiX comment�d t�.at feedback was needed; to which Viil�ge �an�ger Bradford respond�d tha.t tMere wc�uld not be another meeting o� the �ti].la�� Council. �tntil. after the anriiversary daCe of �he poli��r. - Couneilmen�be�r Dalacl� mad� a motiQn to authorize the Villa�e Marra��r to chang� health i�suranCe carriers if he obtained apprt�val by the �naj ority o� workers of the village. Vice M�yor Hansen secon�ied the motion. Auring discuss�.on, Councilmember Schauer requested that th� village Manager reques� changes to the proposed plan ri�.t to took at wh�t was best for ev�ryone, bec�use of how the plan ehange might �ffect employees wi��. serious pre� `TILLAt�i$ G'O'[TI�TCIL ��r�rrca �ur�vTSs Agrf 1 8, 2999 PAA$ 39 existing conditions. Village Manager Bradford explained that in the past, health care plans had been changed based on what was best for �veryone but without con�ulting the employ�es. village Nlanagcr $radfnrd advised that if there was not consensus to change the pzan that the cost of the health insurance program would increase a rriinimum of 13�C on May i, 1999. Councilmember Dalacl� stated he would modify his motion: Cnunci7.me�ber Dalack ma.de a motion tha� �he village Manager �hall be autharized ta change health insurance carriers unless a clear majori�y of the Village employees disapprov�d of the change of carriers. Mayar Mackail e�rpressed his opinion that the i�i],iage Cou.r�cil shou].d not tie the hands of tY�e managex in the eve�t there were issues he n�eded to negr���.ate. VilTage Manager Br�d�ard advised that the c�hange m.i.ght only be �or on� year, since the pre-ez€istin� conditions o€ cert�in emplo�ees sl�ould ._. not exist i:n a ye��, and if the change was not made the Villag� wouZd e�erience a mini.rnfam 23� �.ncr�ase on May �, 2999. CounCilmember Dalac]c clarified the motion: Cor�aci].at�mbe� D�ls,ck mad� a mo�tioa that the 'frilla�ge �aaa�er sliall be au�#�ori�ed to chaage #�ealth ia8urance carrie=a �7.e�s a�lear ma�ority of �he vi.ilage e�m�playee�s vote agaiast the chaa+ge of carriera at a meetiag to be held as sr�oa as practica.l.. Vic� �ayor 8anaen aecoa�lad tl�e matiaa. �he �vote oa the motioa aras: Slizabetb A. 6chaue�r - against Carl C. Saaaea - for so�eph N. Capretta - far Sasi1 D�lack - £or Raa T. �ackail - agaia�t The moti.oa �s tharafore paseed �ad adopted. v=z�c�� covi+fc=�. �SBTINt3 �dINOTgS Apr�.l 8, i999 PAGS 40 g. Reeolutioa No. 31-98/99 - Avrardiag Village Li€e r.a.auraace 8enefit Plaa to CaaaBa Life, aad Authori�iag the Village xaaager to 8aceeute Documeata �fecessary to Sffectuate tb.e �ame. (Staff Recommo�eads Approval? Attorney Hawkins read Ttesolution No. 3�-98/�9 by title only. �tillage Manager Bradford e�eplained that the vil.Iage was required to receive approvaZ from the Communications i�lorkers of America collective bargaini�.g unit prior to implementing the pro}�osed change, which would save the Village $8,Q04+. The Vil.Iage Manag�r compared the proposed plan to �he exist3.ng pZan, an�. requested autnori.zation to chartge life insurance ca�riers subject to appraval f�am th� Co�nunications warkers of 1�merica. Couac3lmembar Scl�uer ma�e a mo:t�tm to spgro�re Res�lutioa No. 31-98/99 �►ith ��e coaditioa that prior �PPacc�val be received f�cm� the Ccmomtuaic�tioa iPO�ck�rs 4t Ameri�a, �dti+b�i was secoaded by Co�utcilmember �alack. The vate aa t�� �tiaa wass 813sa�eth A. Sehauer - for �arl f!, H�ri�er� - for sds�ph N. Capretta - for Saeil Daisck - #or �o� 'T. �ackail - �or �he motf.oa Kas therefo�e passed and adopted. R. Reso2utioa No. 32-98/99 - Authori�i.ag the Zssuaaae of a Note O€ thB Villa+ge in the Pr3,aCipal Amot�tt o� $108 g00 to Fiaaace t�,e Acc3uiei.�ioa of Com�put�r Sard�are aad So�'txa�e; �+�ovidiag that Suc� �Tote sha11 be a Limited Obligatit�a of the �t�.lage Payable frcmi l�oa-ad valorem Re�reaues of the Vi7��ag$= Frovidiag �or �he Rights, 3ec�rit�.es aad ��medies £or the 4�raer of S�ch Note� VILLAGg COIINCIL , D�IiTIbiG �C��U'P8€3 Apri1 8, 1999 PAaB 41 --------------- Maki�€g Certaia Coveaaats aad Agreemeat8 ia ConaeCti.oa Therewith= Provici3ag a,a 8ifective Date; aad for Other Purpases. f staf � Recam�neads Approvai ) Attorney Hawkin� read Resolution No. 32-98/99 by title only. Village Ma.nager Bradford explained. that the village Council had approved acquisition of the computer equipment by l�ase purchase at their last me�ting. Finance Director Connie Holloman expZained. that since a bank was not germitted to hold tit].e to government equipment as collateral, that Fidelity Federa2 of Tequesta Y�ad requested the loan be uncollateralized, which Could be repafd at any time. Cou.ricilmember �alack questiQned why the Village was borrowing tY�e mon�y znstead af paying cash, ts� which village Ma�tager Brad�ard responded that the '��.11age Counci.l hac3 dec�.ded in the _,... �ast to purchase th�s�. type of equipm�nt over time...in order to leveliae the budgetary impact. Covaeilm�mber 3Chauer made a� mt�tioa to app�ov� Re�oZut3oa No. 32-98j99. �tf.oa �ras a�cc�aded by V�fce �at�tor Haaaeu. The vote on the motion �ra�s : Bl.izabeth A. Schauer - for Garl C, S'a�asea - for Joseph �T. Capretta - far 8a,e11 nala�k - for Roa T. �a�kail - for The motion rras therefare passed aad adopted. XV. A��f 4T8��t �A'1'rSRS Councilm�mber 3chauer explained that with the approval of the Village Council, she had previously wri.tten a let�er to ehe School Board regarding J�pi�er �iigh School re�ons�ruction. zt . VILLAGB COIJNCIL �BTING �dTNOTES Aprtl 8, 1999 Paas 4a had come to Councilmember Schauer�s attention that the School Board had scheduled a workshop meeting for April z9, 1999, to diseuss priorities of the schools for reconstruction. Councilmember Schauer requested germission to write a letter to be si.gned by N�ayor �'ackai3 requesting th� S�hool Board keep �tl.piter High School as the number one schoal on the list for reconstruction, and asked the other members of the Village Couricil to call the Schaol Board members regarding this issue. Tt was the consensus of the 'Village Council to grant the request of Couneilmember Schauer. l�ayor Mackail stated that he would save the item he had reqv:ested under ANY OTH�R MATTERS for the nexe Village Council meetirtg because of the lateness o€ the hour. 7LVI. AD,7bO1tN�'T Cbuaaiimember Dai�ck awved that the m�ae:t�ag be ad�o�aed. Vi�e �yor Hamsen +seconded the �otiaa. �he vote on the matioa otas r siizab�ti� A. 3chat�.�r - fo�c �Carl C. 8aaaerx - �ar Joseph �T. Caps�+etta - for • Bas�.l �. Dalack - for xors T. �ackail - far The ma�3oa M�s thesefore passed aad �dc:pted aad the nleetiag Mas adjflus•aed at 11:25 P.as. Respectfully submitted, ��� � Betty Laur Reeording Secretary , . VILLAGS COIINCIL �SPIZI'G MINtTrSS Apr�l 8, 1999 PAC�S 43 A'�TEST : Joann M�nganiello village Clerk DAT$ APPROVED: