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Home My WebLink AboutDocumentation_Regular_Tab 07A_06/14/2001 , �- -- �1--}-- - �,' � VILLAGE OF TEQUESTA '� Post Office Box 3273 • 250 Tequesta Drive, Suite 300 �� Tequesta, Florida 33469-0273 • (561) 575-620d ' �' � Fax: (561) 575-6203 - ; � N � VILLAGE OF TEQUESTA VILLAGE COUNCIL MEETING MINUTES MAY 10, 2001 I. CALL TO ORDER AND ROLL CALL The Tequesta Village Council held a meeting at 399 Seabrook Road, Tequesta, Florida, on Thursday, May 10, 2001. The meeting was called to order at 7:00 P.M. by Mayor Geraldine Genco. A roll. call was taken by Betty Laur, Recording Secretary and Acting Village Clerk. Councilmembers present were: Mayor Joseph N. Capretta, Councilmember Basil E. Dalack, Councilmember Geraldine Genco, and Councilmember Sharon Walker. Also in attendance were: Village Manager Michael R. Couzzo, Village Attorney John C. Randolph, Acting Village Clerk Betty Laur, and Department Heads. II. INVOCATION AND PI�EDGE OF ALLEGIANCE Mayor Genco gave the Invocation, which was a quotation from a speech delivered by President Roosevelt in Paris on April 23, 1910, which she had chosen in honor of the effort put forth by both past and present Village Councils; and led those in attendance in the Pledge of Allegiance to the American Flag. III. APPROVAL OE AGENDA Councilmember Walker requested that items (D), (G) and (H)be pulled from the consent agenda; and that item 8(E) Recycled Paper VILLAGE COUNCII, MEETING MINUTES Ma.y 10 , 2 0 01 PAGE 2 ----------------------- be moved to Presentations and Proclamations to become item (C), which would move each followinq item under that heading down one letter. Councilmember Walker requested consensus to add to the May 30 Special Village Council and Stormwater Board meeting an item dealing with budget information, and requested discussion by the Village Council regarding publication of all agendas in the local newspaper. Mayor Genco indicated �hat the budget information might not be ready for the May 30 meeting, but that it was planned to present that information possibly at the June 14 regular Village Couneil meeting. Councilmember von Frank made a motion ta approve the agenda as am,erided. Vice Mayor Capretta. seconded the motion, which carried by unanimous 5-0 vote . The motion rvas therefore passed and adopted and the Agenda was approved as amended. IV. PRESENTATIONS AND PROCLAMATIONS A. Remarks from Former Vice Mayor Elizabeth Schauer Former Vice Mayor Schauer was not present. Mayor Genco announced that the former Vice Mayor had been invited so that she could be thanked for all of her service to the community and all the good things she had done, which was one reason the Mayor had picked the quotation she had used as the invocation. Mayor Genco expressed disappointment that the former Vice Mayor did not show up, and stated that she would get the Village's thanks anyway. Mayor Genco indicated she would see to it that the gift and card the Village had purchased for Mrs. Schauer would be delivered. B. South Cypress Drainage System - Presentation by Pete Pi�aentel, Executive Director, Northern Palm Beach Couaty Tmpxovement District. Mr. Pimentel explained that this project, which included portions of Jupiter, portions of Tequesta, and a Palm Beach County road, was 20 years old �nd the first shovel of dirt had not yet been turned. VILLAGE COUNCIL � MEETIN6 MINUTLS May 10, 2001 PAGE 3 Mr. Pimentel explained that Jupiter had taken it upon themselves to try to solve the flooding problems on Cypress Drive towards Riverside Drive where water from Tequesta Drive flows south, flooding out Pasquales on a regular basis. The Town of Jupiter had run into difficulty with multiple jurisdictions, and approximately 10 years ago Northern Palm Beach County Improvement District had been requested by the three municipalities to annex those parcels, which had been done, and a drainage unit had finally been formed. Problems were encountered getting a permit from South Florida Water Management District to allow drainage to the Loxahatchee River, in part because this was a commercial area instead of residential. Mr. Pimentel explained that prior to Northern Palm Beach County Improvement District's involvement, the County had negotiated sale of surplus railroad property along the east side of the commercial properties and the railroad was holding that land at the price of $400,000 and wou�d not consider a lease. Mr. Pimentel explained that the land was needed for water storage and to clean the water so that the quality would be higher when it got to the river. Northern Palm Beach County Improvement District had obtained a construction permit from SFWMD and had been ready to go to validation for bonds last August, when Tequesta had requested delay because of some transitions they had been going through at that time. The project had become more complicated with the creation of a Stormwater . Utility in Jupiter and their desire to landscape their portion of Cypress Drive. The Town of Jupiter had told the property owners within their boundaries that they would fund the drainage portion for each property ownEr provided they would pay assessments to Northern for landsca�ing. Tequesta at that time had indicated they would do their own landscaping if and when they decided to �.dd landscaping, and that they would pay for their properties and roads and wanted Northern to assess the property owners. The County had said they would pay up front for Old Dixie Highway. P�rmits were issued and Old Dixie Highway and .Tequesta VILLAGE COUNCIL MEETING MINtTTES May 10, 2001 PAGE 4 ----------------------- Drive were improved; however, they had no outlet in order for the drainage system to function. Mr. Pimentel requested information as to whether the Village was still in the program and if they were interested ih financing their portion, paying it in a lump sum, or paying for the private properties through the Vi1l.age's Stormwater Utility. M�. Pimentel indicated the County and Jupiter were committed, and that a decision was needed by the Village. Mr. Pimental indicated that the way the project currently stood, Northern had planned to validate $1.2 million to do the project, and the Village's share as a lump sum would be approximately $231,000, or approximately $30,000 annually over 20 years. Mr. Pimentel indicated he had broken down the figures as to what each private parcel would pay, the total of which was $507,000, or $65,000 annually over 20 years. The parcels were identified as they had shown up on the tax rolls for last year. Mr. Pimentel explained that the bond issue would be adjusted to accommodate Tequesta's participation. Village Manager Couzzo explained that his initial concern was not knowing the financial condition of the Village, specifically how the Village would finance this operation, and recalled that �he last discussion with Northern had been regarding Northern directly assessing all properties affected by Tequesta. Mr. Pimentel indicated that official approval was requested to do that assessment. Mr. Pimentel explained that the easement which wquld be purchased from the railroad would be awned by Northern, and the surplus land not needed by the drainage district would be turned over to Jupiter and Tequesta, who could do with it as they pleased, and it could �ontinue to be leased to the private property owners if the Village desired. Mayor Genco indicated she was in favor of the drainage improvement but the expense needed to be analyzed, and she was not sure �he Resolution could be passed without also adopting the financial plan. Village Attorney Randolph advised that this Resolution was Northern's and not the Village's, and the Village could agree to go forward, but if the Village was VILLAGE COLJNCIL MEETING MINUTES May 10, 2001 PAGE 5 not comfortable they should not go forward until receipt of the financial analysis. Councilmember Dalack stated this was a presentation and he saw no proposed Resolution. Mr. Pimentel explained he had outlined the plan and the Village's options were not to participate, or if participating, to pay the entire amount up front or to allow Tequesta's share to be prorated over 20 years--which would be approximately $30,000 annually. Mr. Pimentel indicated Northern would proceed to validatation upon a decision by Tequesta. Vice Mayor Capretta questioned Village Manager Couzzo regarding other options, including assessing property owners for the whole thing. The Village Manager explained that another option was for the Village to do the project themselves; however, in recent discussions it had been indicated that the Village's participation was necessary to the project, and it was unClear whether the Village would save any money by doing it themselves. Mr. Couzzo indicated he believed going with Northern wou�d be the best way, but finances and the Stormwater analysis were needed to make a decision Vice Mayor Capretta indicated that the Village had already spent a huqe amount of money on this and questioned whether this plan would solve the problem, to which Mr. Pimentel responded four engineering firms had provided input and had said this plan would provide what was needed. Vice Mayor Capretta coznmented he would highly favor the option of paying $30,000 over 20 years if that would fix the problem, that this would be his 6th or 9th vote on this issue, and he would like to be convinced of the probability of success. Mr. Pimentel indicated that the�e had been no outfall installed to date. Mayor Genco commented that the Stormwater Utility might take same of the expense. Councilmember Walker asked when the Village originally committed to trying to solve this problem, to which Mr. Pimentel responded that Northern had come in approximately ten years ago but he had not made a presentation before the Village Council since that time; a�d the Town of Jupiter had started ten years before that, and had decided on their form of payment approximately VILLAGE COIINCIL I�;ETING MINUTES May 10, 2001 PAGE 6 three years ago. Mr. Pimentel advised that the permit from SFWMD had a lot of time, and usually it took 5-10 years to implement a permit. Councilmember Walker asked what the Village had done to enroll their private property owners, to which Vice Mayor Capretta responded that meetings had been held but it always came down to who would pay; however, he was more worried about the success of the project than who would pay, and suggested placing it as a project under Stormwater Utility at a cost of $30,000 annually. The Vice Mayor recommended that the Village's consulting firm meet with Mr. Pimentel to determine the successfulness of the project. Mayor Genco agreed, but indicated there were many things to be considered before proceeding. Gary Van Brock commented that he was familiar with this project and the formation of the district 15-18 years ago, when he had represented some property that had been incorporated into the district. Mr. Van Brock commented that this project also involved a number of properties outside Cypress Drive that had some impact on the water flow, and all those properties would have to pay. Mr. Van Brock explained that for years there had been a flooding problem at the corner of Tequesta Drive and Old Dixie Highway, although it had been alleviated somewhat. Mr. Van Brock explained that his property had been incorporated into the district for all kinds of advantages, including stormwater improvements, subdivision improvements, and the ability to finance them through the district. Mr. Van Brock suggested that the Village Council look at financing through the Village's Stormwater Utility, and urged the Village Council to take advantage of Mr. Pimentel's permits. Mayor Genco commented that the Village vaould delay action on this item for another month or two until all of the engineEring reports could be received and adequate public notice could be given that this item would be discussed. C) U. S. One Overlay District - Presentation by Marty Hodqkins, Duncan � Associates, and Jack Sornimaa, JLH Associates, Consultant vi�E covNCZL MEBTING MINUTES May 10, 2001 PAGE 7 Marty Hodgkins explained that the overall intent of the overlay zoning district was to provide an initial framework for the Village, the Town of Jupiter, and Palm Beach County to discuss short term and long range planning and zoning issues within the U S. One/01d Dixie Highway Corridor. Mr. Hodgkins explained that the overlay district would present an alternative development format that was currently not allowed or to what was currently a development pattern along U.S. One. Mr. Hodgkins explained that there was a two-part means of implementing the district, the first being implementation with the County and the second being implementation with the Town of Jupiter. Mr. Hodgkins explained that the Village and the County would enter into an interlocal agreement that would allow the County to grant planning and zoning authority to the Village for certain lands included t�aithin the overlay zoning district, which was very similar to an agreement entered into some years ago between Jupiter and Pal.m Beach County for west Indiantown Road. Jupiter had created the IOZ, Indiantown Overlay Zoning District, and had approached the County and indicated they would like uniform applications of development standards along unincorporated portions of Indiantown Road. This approach could be used for the U.S. One Corridor by use of interlocal agreements allowing Jupiter to maintain its own planning authority on land within the Town, and Tequesta would maintain planning authority for land within the Village. As the corridor was developed or redeveloped the whole corridor would be under the same planning and zoning standards. Mr. Hodgkins pointed out on page 5 in the study recommendations that the three entities consider adoption of the overlay zoning district to give all the common land development standards that would be applicable to the U. S. One/Old Dixie Highway Corridor. The second recommendation was that the three entities should establish an informal mechanism for the Village Council to look at the recommendations, assure that they were acceptable to all jurisdictions, make any VILLAGE COUNCII� MEETING MIN[TTES May 10, 2001 PAGE 8 ----------------------- necessary amendments so that ail would agree with the Iand development standards, and then obtain approval from each jurisdiction. Mr. Hodgkins indicated that recommendation three was the area to be covered by the overlay district, which had been proposed as the area located north of the Loxahatchee River and east of the xailroad t�acks, which would include any unincorporated parcels along U.S. On.e or along Old Dixie Highway. Only unincorporated parcels zoned for non-residential purposes would be included. In Jupiter, the area would include all portions located east of the railroad track and in Tequesta, all arEas east of the railroad tracks including east-west roads such as Tequesta Drive, Village Boulevard, and County Line Road. In addition, the study contained a series of Comprehensive Plan policies which should be considered for adaption by the partici,pating jurisdictions, including such polici�s as actual implementation or directing or authorizing the actual implementation of the overlay zoning district, and the policy would note that the overlay zoning district would address such items as providing a sense of place, an overall. traffic circulation system, architectural design standards for either new or redeveloped structures, encouraging revitalization of the corridor, and utilizing existing public resources such as util.ity and drainage systems. A policy that would be necessary would be adoption of the interlocal agreements necessary to implement the overlay district zoning study; another necessary policy would be to encourage or mandate spme form of regi�lar meetings between the governing bodies of the three jurisdictions to encourage the jurisdictions to ].00k at the overlay district as a whole to adopt planning mechanisms that would be implemented jointly by a7.1 three. The final recommendation was that before any final adoption of the study or any variation of the study that there be widespread public notice including workshops with residents and property owners, adequately noticed, held at night, and attended by elected officials, so that people would understand VILLAGE COUNCIL MEETZNG MINUTES May 10, 2001 PAGE 9 what the overlay zoning district was and how it would affect them. Mayor Genco indicated it was her understanding that if the interlocal agreement with Palm Beach County was accepted by �he Village, the Village would then be on a time frame to work with Jupiter to make all zoning changes and agreements between them and to have a Comprehensive Plan amendment by March 2002. Mr. Hodgkins adviscd that to his knowledge there was no timetable, but coordination would be required with Commissioner Marcus' office and the Town of Jupiter,and the requirements for the interlocal agreements must be worked through. Mr. Hodgkins was unsure whether these items could be done concurrently, and did not know if the Coun.ty was placing any conditions on the interlocal agreement delegating the planning and 2oning authority. For Phase 2, Mr. Hodgkins recommended the Village look closely at the recommendation to create the overlay district to make sure they ware hagpy with it and that it was consistent with the Village's planning and zoning and was what they would like to see implemented on the U.S. One and Old Dixie Highway corridors. The next step would be to work with the County and with Jupiter to get agreement on the standards and regulations, and once there was consensus the interlocal agreements could be drafted, after rahich Comprehensive Plan amendments could be adopted. Councilmember von Frank made a motion to have a Resolution presented to �he Vill�ge Council at the next Village Council meeting to create the U. S. One/Old Dixie Highway Corridor Overlay District. The motion �vas secoaded by Vice Mayor Capretta and carried by unanimcus 5-0 vote. Palm Beach County Commissioner Karen Marcus explained that the overlay district wa� the result of Eastward Ho meetings where it was found that the one thing all the participating jurisdictions had in common was the U.S. One Corridor. This had resulted in the study presented by Mr. Hodgkins, for which each local government had contributed part of the cost. Commissioner Marcus indicated VILLAGE COIINCIL MEETING MINUTES May 10, 2001 PAGE 10 ----------------------- her staff was very willing to sign the interlocal agreement, and explained that she was working on a similar process along Northlake Boulevard. Mrs. Marcus congratulated Tequesta on moving forward. Councilmember Walker indicated that Director of Community Development Jeff Newell might address comments made by Mrs. Marcus' staff. Mayor Genco responded she would like that presen.tation at the next meeting add�essing the overlay district. Jack Horniman, JLH Associates, commented that with the changes in the Community Development Department he had been requested to review the report. Mr. Horniman advised that the Village must be very aware of applicability of the overlay zoning district to the mixed use district, and must be sure the overlay zoning district did not conflict with the zoning in the mixed use district, because the Village had worked too hard and too long over many years to get the Village Center plan to work. Gary Van Brock commented �here should be workshop meetings on this matter to incarporate the views of the property owners. Mr. Van Brock commented the Village had worked many years to put th� mixed use zoning in place, and some of the items in the overlay plan conflicted with the mixed use distriEt and needed to be reviewed. Mayor Genco responded �hat at the next meeting the boundaries would be adopted and the next thing would be to address changes needed and to hold public workshops. Gar� Van Brock expressed his opinion that the workshops should be held before adopting the overlay district, which was the corridor along U.S. One, and Old Dixie Highway, and also incorporated all of the Village's major arteries. Mayor Genco indicated the roads were affecting the whole district, and the goal was consistency from one area to another, and that the Village needed to make the overlay district more consistent with the Village's zoning. Mr. Van Brock commented the overlay district would override the existing zoning, to which Mayor Genco responded it would not necessarily change the existing zoning. Mr. Van VII�LAGE COUNCTI� MEETING MINTJTES rra� so, aooi PAGE 11 ----------------------- Brock commented that was not the way he read the report. Attorney Randolph asked if everyone would have an understanding by the next meeting of exactly what the overlay distri.ct was going to do and the areas it would cover; that Mr. Van Brock was sugg�sting that the public and the Village Council have an opportunity to look at the overlay district and have an understanding of what it was going to do. Mayor Genco responded that was the purpose of the next meeting. Attorn�y Randolph commented he had heard her indicate she wanted a Resolution at th� next meeting to adopt the overlay district. Mayor Genco rESponded her request was for a recommendation to cxeate the overlay district, and staff would.prepare a report and a recommendation of why the Village should adopt the overlay district including maps, and explaining zoning, explaining what the County was proposing, and explaining exactly how the overlay district could affect areas already zoned, and advised that would take place at the next Village Council meeting. Mr. Van Brock commented there was a lat in the report. Mayor Genco commented that Palm Beach County would delegate to the Village jurisdiction over the unincorporated parcels subject to what was in the report. Mayor Genco responded, no, th� report was only a draft and the final document would come after the workshops and changes. Mr. Van Brock asked if Palm Beach County was going �o let the Village dictate the zoning for the unincorporated areas without referring to the standards, to which Commi.ssioner Marcus indicated the short answer was yes, but there wauld be a variety of agreements. Mrs. Marcus commented the County would enter into an interlocal agreement with the Village saying the Village would enter into �he zoning decisions and set the standards; but Mayor �enco was saying that the standards in the draft report were subject to change and changes would be made at the public hearings. Commissioner Marcus indicated the Village would handle the zoning, and that this was same the procedure in progress on Northlake Boulevard, with public hearings being held and then adoption taking place. VILLAGE COUNCIL MEETING MTNUTES May 10, 2001 PAGE 12 Mayor Genco commented that the next step was to agree on the boundary. Mr. Van Brock commented it was a good thing to let the Village handle the zoning, but he thought the Village needed to understand the standards tha� were generally going to be applied to all of the districts, and those standards must meet the Village's criteria and the criteria already in place. Mr. Van Brock indicated he was only looking for workshops. Peggy Verhoeven. indicated she was very familiar with the IOZ. Mrs. Verhoeven asked what the time frame would be, to which Jack Horniman indicated since th� Village was 90%+ built out, these regulations would be applied in the future when redevelopment occurred, or when areas were annexed, so the process would be very slow. Mr. Horniman advised the proposal� in the plan for changes to the Comprehensive Plan would need to be done first and then come back for adoption of the aoning regulations. Mrs. Verhoeven indicated her question pertain�d more to areas under Jupiter's jurisdiction. Mayor Genco indicated that Jupiter would retain jurisdiction over their area and Tequesta would retain jurisdiction over their area and the only thing that would be done would be to make those areas more consistent. Bruce Rothenberg commented it sounded like the Village had already decided to adopt the overlay district and then have the workshops to decide what it was and what it would do; and suggested first holding the workshops because th�re might be people who did not want to have the overlay district. Mayor Genco explained that this was a boundary and within that boundary the Village would be able to do zoning decisions made by the Village. Mr. Rothenberg commented i� sounded like it was alread� a"done deal", and the that the boundary would be established and then the workshops held. Mayor Genco commented the boundary already existed but within it there were three jurisdictions that did not haue to make anything consistent, and she saw this as a benefit to the Village. Mr. Rothenberg stated he owned property within the mixed use area and what Mr. Horniman had said was very important--that the Village had VILLAGE COUNCIL MEETING MINUTES Ma.y 10 , 2 0 O 1 PAGE 13 worked long and hard on the mixed-use area--and he would hate to see that changed. Mayor Genco comment�d that might not change at all, which would be determined at the public workshops, and that Mr. Rothenberg might have some ideas to present. D) Introduction of New Employees 1) Fire Department - Roberto Madera, Firefighter/Paramedic. Operations Chief Jim 3'rube indicated Mr. Madera wa5 not present, but the Fire Department was happy he was on board. E) P�oclamation Proclaiming the week nf May 20-26, 2001, as EMS Week in the Villaqe of Tequesta. Operations Chief Jim Trube read the Proclamation into the record. V. BOARD APPOINRR�NTS A) Consideration of the Re-appointment of Molly McCormick to a One Year Term as an Alternate Membe� of the Cominuaity Appearance Board or Appointm�nt of a New Alternate Member, with Said Term Expiring April 12, 2001. Councilmember Walk�� inquired whether there had been any other applications in the file for this position, �o which Acting Village Clerk Betty Laur responded there wer� no other applications in the file, and verified tha� Mr. Parker was still a member of the Community Appearance Board. Councilmember von Frank made a motion to re-appoint of Molly McCormick to a One Year Tezm as an Alternate Member of the Com�munity Appearance Board with Said Term Expiring April 12, 2001. Viae Mayor Capretta secoaded the motion, v�hich carried by unanimous 5--0 vote . VILLAGE COUNCIL b�ETING MINUTES May 10, 2001 PAGE 14 ----------------------- VI. CON3ENT AGENDA Village Attorney Randolph read the following items on the Consent Agenda: A) Approval of Village Council Meeting Minutes, April 12, 2001. B) Approval of Special Master Hearing Minutes, February 22, 2001. C) Special Village Council and Stormwater Utility Board Meeting Minutes, April 28, 2001. E) Appointment of Members to the Architectural and Engineering Selection Committee for the Tequesta Village C�enter. F.) Resolution No. 40-00/O1 - Approving Release of Lien on the Property Located at 372 Country Club Drive, Tequesta, Florida, in Return for the Payment of $686.30 in Fines and Authorizing the Village Manager to Execute the Release on Behalf of the Village. Councilmember von Frank made a motion to approve items A, B, C, E, and E on the Consent Agenda. Vice Mayor Capretta seaonded the motion, orhich carried by unana.maus 5-0 vote. D) Village Manager�s Report, Apri1 9, 2001- May 4, 2001 Councilmember Walker referred to page 4 where it was noted that Ric-Man would complete its project in the Tequesta Country Club area on or about May 28 with approximately $256,000 owed �o them, and the next entry was that the Village might offer plants to homes, etc., which was an item discussed last month. Councilmember Walker stated �or the record that she hoped this consideration was given to the Village Council before the money was VILLAGE COUNCIL MEETING MINUTES May 10, 2001 PAGE 15 ----------------------- returned to Ric-Man. On page 10 of the Village Manager's Report. Councilmember Walker noted that Smoke Szgnals would be published every two months and questioned since this was such an important communication tool why it would only be published every two months. Village Manager Couzzo responded that this matter would be presented to the Village Council for consideration, and that an issue of Smoke Signals was being developed for the first week in June, which would incorporate decisions and thoughts discussed by the Vil.lage Council, and would be presented to the Village Council for their decision regarding publication. The Village Manager explained that if it was the decision of the Village Council, Smoke Signals could be published every two months, which would allow each member of the Council to write an article over the course of a year and to have a holiday issue; however, if it was the decision of the Village Council to continue publication every month, staff would be happy to do so. Mr. Couzzo clarified that this would be on th� June agenda for consideration. Councilmember Walker noted on page 11 of the Manager's Report a meeting with Jerry Chiocca, CPA, Director of Rachlin, Cohen & Holtz, and questioned whether consideration was being given to hiring that firm as CPA consultants. Village Manager Couzzo responded he had had a meeting with Mr. Cholcca to discuss financing options available, and Mr. Cholcca had indicated he thought the financing options with the bank w�re the best available. Mr. Couzzo reported he had also reviewed that with the President of anothe� bank. The Village Manager commented he was trying to reach out for free Expert advice and find out the best time to bring the loans before the Village Council. Village Manager Couzzo commented he believed staff was going to bring something before the Village Council at their May 30 meeting, and that the current rate with the bank was 4.660. Mayor Genco commented it was h�r understanding that Village Manager Couzzo was doing this as part of his homework fqr being able to bring to the Village vrLr�,GE covrTCZL MEETING MINUTES May 10, 2001 PAGE 16 ----- ------------------ Council information for funding and financing. Councilmember Walker questioned whether the item regarding meeting with the President of Total Bank on page 13 of the Manager's Report was a similar conversation, to which The Village Manager responded he had an association with the President of Total Bank who was a former Mayor of Miami Shores. Mr. Couzzo indicated he had an opportunity to meet with him socially last week, had told him of the Village's needs, and his response to Mr. Couzzo was he would not be able to lend the money from his bank at the rates being offered through Bank of America, and had suggested strongly that the Village move quickly to take advantage of the current rates and the markets. Councilmember von Frank made s motion to acCept and approve the Villaqe Manager's Report. Councilmember Dalack seconded the motion, which carried by unani.mou� 5-0 vote. G) Agreement for Legal Sernices vrith Weis�, Serota, Helfman, Pastoriza & Guedes for Employment and Labor Legal Services Councilmember Walker indicated she had requested this item be pulled. Councilmemb�r Walker commented that Mr. Whelan's firm had been retained by the Village for a number of years and she did not see any cause to entertain moving that representation, and inquired as to Mr. Cotzzzo's reasoning. The Village Manager responded that as Village Manager, it was his responsibility to handle labor relations and employment issues and to deal with legal firms, and he was aware that Mr. Whelan had been retained by the Village for some time. In discussing this matter with Attorney Randolph, Village Manager Couzzo reported that Mr. Bradford had changed representation during his administration; that it was customary to do that on occasion; that this was a reputable firm and he had had the opportunity to work with them previously; and he thought they would work well with the Village in the future. Councilmember Walker VIL7sAGE COUNCIL b�ETING MINIITES May 10, 2001 PAGE 17 ----------------------- requested if it was Mr. Couzzo's desire to change firms that the Village try to locate firms within Palm Beach County to keep the Village business as close to home as possible, and requested the Village obtain a couple of submissions. Mayor Genco commented it was her understanding that Mr. Couzzo could have initiated this action on his own without bringing it to the Village Council. Village Manager Couzzo commented that it was his understanding from conversations with Attorney Randolph that the Village did not currently have contracts with either Mr. Randolph's firm or Mr. Whelan's firm, and this had been presented to the Village Council specifically so that it could be discussed. The Village Manager explained that Mr. Guedes was present at the meeting, that his firm had an office in Broward County with clients in Palm Beach County, so they were here on a regular basis. Village Attorney Randolph commented he had advised Mr. Couzzo he should bring this before the Village Council to get their approval, but that Mr. Cpuzzo could certainly initiate the discu�sion. Mr. Edward Guedes explained that him firm was found�d in 1991 to provide legal representation to local government, and currently served as City Attorney, Municipal Attorney for ten cities in Monroe, Dade, and Broward Counties, and as labbr counsel for an additional 10 to 12 governmental entities. Mr. Guedes explained tha� other legal services provided ir��luded telecommunications and land use, and the firm represented 60-70 governmental entities throughout Florida and nationwide. Mr. Guedes explained that he had specialized in employment and labor law his entire career, with particular attention on legal issues faced by public sector employees. Mr. Guedes indicated that not being a local firm would not be a hindrance to providing the highest quality service to the Village, and that he had worked with Mr. Couzzo during the time he was Vi],lage Manager of Miami Shores, when his firm had successfully represented that Village in a lawsuit. Shortly thereafter, his firm had provided their services to help in the transition between one council and a viLr�,GE covNCZL MEETING MSNLITES May 10, 2001 PAGE 18 ----------------------- newly elected council. Mayor Genco questioned how the proposed contract compared to rates currently being paid for these services. Village Attorney Randolph responded that Mr. Guedes' rate was $175 per hour. Councilmember Walker noted that Attorney Whelan's rate was $140 per hour, and requested submittals trom more local law firms. Mayor Genco asked if Mr. Guedes or Mr. Whelan had any legal conflicts with the Village and received the response that they had none. Mr. Whelan explained that Mr. Bradford had changed counsel in 1994; that he had previously worked with Morgan Lewis; and he had enjoyed representing the Village for the past 13 years. Mr. Whelan commented that the Village of Tequesta was his first client after leavinq the big internatiorial firm, and his firm had now grown to 6 attorneys, whose only business was labor and employment law. Mr. Whelan explained that he currently represented 13 entities in labor and employment law in Palm Beach County, including Palm Beach County, the School Board, the Sheriff's office, the City of West Pal.m Beach, etc., and had considerable experience in everything mentioned by Mr. Guedes. Mr. Whelan reminded the Village Council that no one had sued the Village in 13 years, which was amazing, and that very difficult employment issues had been dealt with, and very good labor contracts had been negotiated. Mr. Whelan indicated their firm intended to keep their rate at $140, although there were pressures to raise it. Mr. Whelan commented he believed he could work well with Mr. Couzzo, and had done so for several months. Mr. Whelan stated his client was the Village, in collective bargaining matters and in matters of policy. Mr. Whelan thanked the Village for the opportunity to serve the Village Council for the past 13 years and requested the Village keep his firm in mind if things changed again. Councilmember von F�ank asked if a decision could be made to change at any time, which was verified by Village Attorney Randolph. Mayor Genco commented Mr. Couzzo felt he could work well with Mr. Guedes, and she felt Mr. Guedes could provide other legal services if needed. Councilmember VII�LAGE COtJNCII, MEETING MINLTTES May 10, 2001 PAGE 19 ----------------------- Dalack commented the relationship between the Village Manager and Village Attorney was on a different footing than the lawyer who worked closely with the Manager, and deterence had to be paid to the Village Manager's choice. Councilmember Dalack made a motion to adopt Consent Item (G). Motion was seconded by Councilmember von Frank. During discussion of the motion, Village Attorney Randolph explained that the agreement contained xni.nor items which would be amended and v�hich he and Mr. Gusdes had discussed, includinq language reqarding lieninq of Villaqe property �nd bills not paid, which �vas standard boilerplate languaqe in non-municipal corttracts but needed to be omitted in this case since municipal property could not be liened. Also the reference to 12� per annuatfar invoices not paid �ithin 30 days would be omitted. Attornsy Randolph requested permissioa to also amend anything el�e� from an administrative standpoint that both agreed to, that did not adversely affect the Village. Councilmember Dalack agreed to amend the motion subject to the items mentioned by the Village Attorney. Mr. von Frank seconded the mction, vrhich carried by 4-1 vote, with Councilm�mber Walker opposed. (8) Amendment ta Lease Agreement w,ith Tequesta Corporate Center Councilmember Walker questioned why this was not part of last month's packet when the Village Council approved lease space for Community Development. Village Manager Couzzo responded he had not been aware at that time that the adjacent space was going to become vacant. The Village Manager explained �hat the Perry space would become available in June, and the space for Community Development was small. Mr. Couzzo explained that the Village had tried to secure one office immediately to the sou�h to provide an o�fice for Mr. Newell and a little more space for Community Development, but that had not been feasible. V2LLAGE COUNCIL MEETING MINUTES May 10, 2001 PAGE 20 ----------------------- However, the concept of taking the whole Perry Space for the Finance Department and moving Community Development to the space now occupied by Finance, conceived by Mr. Gallagher of the Finance Department, was a viable option. Fin�nce Director JoAnn Forsythe verified that the Village could afford the increase in rent and moving costs. Councilmember Walker indicated she had gone to Community Development to se� their space, and was curious as to why Administration had space within the Community Development area. Village Manager Couzzo responded that the records system and what needed to be retained in accordance with the law was under review, and during Mrs. Manganiello's time as Village Clerk she was charged with many other duties including Acting Manager, Assistant Manager, and Utility Director, so that the records management had gotten out of hand, which was through no fault of Mrs. Manganiello since she had so many other duties. Village Manager Cou.zzo explained that some files con�idered to be sensitive had been moved to a room in Community Development on a temporary basis, and those would be coming out as they could be sorted to see what needed to be retained. Councilmember Walker made a mota.on to approve the Amendment tp the Lease Aqreement �vith Teque�ta Corporate Center. Counoilmember von Frank seconded the mation, which carried by unanimous 5�0 vote. VII. CO1�Il�![JNICATIONS FROM CITIZENS Rob�rt Cook, 17 Bay Harbor Road, commented the area around the existing Village Hail needed to be examined for three items-the existing well, which if left would limit what could be placed there; or to cap the well, which had implications with South Florida Water Management District, and he knew �hey were anxious to get people out of the shallow aquifer. On the other sid�, once the well was closed it would be hard to get it re-opened. The other issues were whether a change to the Comprehensive Plan would be needed because of the park area in front, and VILLAGE COUNCIL MEETING MINUTES May 10, 2001 PAGE 21 ----------------------- whether there were deed restrictions that might affect possible uses of that property. Mr. Cook noted answers to these questions were needed. Village Manager Couzzo responded an Architectural and Engineering Selection � Committee had been formed in accordance with State Statute 287 to address hiring architects and engineers to analyze the two sites, and a meeting would be held to narrow the field, then presentations would be made. The first ch.arge after negotiations would be for the Village Council to hire a firm, which Mr. Couzzo recommended be phased with the fixst phase being to do the site analysis and needs ass�ssment. The Village Manager indicated the utility engineers could do a recommendation regarding the well, and that there was a possible need for a well to expand the water plant in the future. Mr. Couzzo commented the planners could address the Comprehensive Plan issue and Village Attorney Randolph could address the existing deed, which he had read and found it did not appear to him that there was a deed restriction. Village Manager Couzzo recommended that after completion of phase one that phase two, engaging a tirm to design plans and specifications for construction, could move forward. Harold Taylor, 13 Chapel Court, commented it appeared the new Village Hall would be at 399 Seabrook Road, since the new sign posted at the old Village Hall location indicated all future meetings would be l�eld at 399 Seabrook Road. Mr. Taylor expressed gratitude for all of those trying to move the Village Hall, particularly Village Manager Couzzo and Vice Mayor Capretta, who had been working behind the scenes to establish communication between the Village and the Developer and between the Village and the Action Committee of Tequesta. Mr. Taylor indicated he and Village Manager Couzzo had also been working to improve communications between ACT and the developer. Mr. Taylor reported these actions had culminated in a meeting earlier in the week attended by Mr. Couzzo, John Zuccarelli, Jim Humpage, and Mr. Taylor, who now had a better understanding of each others' needs. Peggy Verhoeven, Point Drive, complimented Mr. Newell on the record regarding his response to her request to see plans, indicat�d she thought the Village had a fine employee in Mr. Newell, and commented it was refreshing to VII,LAGE COUNCIL MEETING MINIITES May 10, 2001 PAGE 22 ----------------------- go into Mr. Couzzo's office where the doors were now open. John Giba commented the trick to improving communications was to get people to come out to Village Council meetings, which was the best forum for communications. Mr. Giba commented that complaints from people that they did not know about something were from p�ople who did not attend the meetings. Mr. Giba suggested inserting in th� Pa1m Beach Post and in the Jupiter Courier a short agenda of the main items to be voted on and discussed, with the information of the date, time, and place of the meeting. Mr. Giba recommended the current PA system be installed in the new Village Hall since this was the first time he could hear at the meetings. Mr. Giba commented there used to be a board announcing meetings in front of Village Hall which had been moved to Seabrook. Mr. Giba reques�ed another identical sign be placed at the old location on Tequesta Drive, where mare people would travel. Mr. Couzzo explained that �he agenda was currently advertised in the Jupiter Courier and if the Village Council desired it could also be placed in th.e Palm Beach Post. Mr. Couzzo commented that a board could be added to the Tequesta Drive sign announcing current meetings. Mr. Giba requested big letters. Mr. Couzzo thanked Mr. Preston and his staff for their work in setting up the �2.ecreation Center for the meetings. Councilmember von Frank commented to Mr. Giba regarding peopl� not attending Village Council meetings that he had called the President of T�questa Gardens Homeowners Assqciation and th� President of Tequesta Oaks Homeowners As�ociation regarding tonight's meeting and asked them to bring their people, but they were not present. Council.member Genco comrnented the internet site would have a calendar of events posted on it as well as the agenda. Mayor G�nco announced that at the next meeting Unfinished Business would be placed before New Business since it was more important to finish items before going on to new ones . VIII. NEW BUSINESS A) Consideration of a Reco�mmendation for the Appointment of Village Clerk. . VILLAGE COUNCIL MEETING MINUTES May 10, 2001 PAGE 2 3 ----------------------- Village Manager Couzzo indicated he had interviewed three candidates who met the criteria of the Village. Mr. Couzzo indicated he had interviewed two of them, but had not interviewed the third since that one had indicated a salary requirement 50o above what the Village could pay. Village Manager Couzzo recommended Mary Wolcott be appointed as Village Clerk to begin work June 4, 2001. Councilmember Walker indicated she would like to ask a question. Mayor Genco indicated the Councilmembers had been invited to call Ms. Wolcott at home and expressed the hope that in the future the Councilmembers would take the opportunity to interview candidates prior to the meeting, as suggested. Councilmember Walker asked how many elections Ms. Wolcott had supervised. Ms. Wolcott responded she had supervised six, and she was presently doing the seventh, which was a special election, and she had trained people in the office to finish it since she would be l�aving to j oin the Village. Ms. Wolcott commented there had been a lot of controversy in the town, so she felt well experienced, and she was part of 11, committees directly but attended 14 committees. Counailmember von Frank made a recommendation ta acaept Village Manager Couzzo's recommendation to appoint Mary Wolcott as Villaqe Clerk. Councilmember Dalack seconded the motion, which carried by unanimous 5-0 vote. B) Resolution 4i-00/O1, A Resolutioa of the Village of Tequesta, Palm Beach County, Florida, Approving an Agreement Witl� the YMCA to aperate a Summer Day Care Camp, Authorizing the Applicable AgreeYnent on Sehalf of the Village . Gary Preston, Director of Public Works and Recreation, explained that this agreement outlined responsibilities of the Village and the YMCA to operate the Summer Day Camp. The Village was responsible to provide utilities, maintenance, and VILI�AGE COIINCIL MEETING MINUTES Ma.y 10 , 2001 PAGE 24 ----------------------- equipment for the facility; while the YMCA provided the staff and transportation for the program. Mr. Preston commented the YMCA had offered this program for the past nine years, Councilmember Walker noted that �he YMCA had advertised their Tequesta Summer Camp in the Apri1 5 Palm Beach Post and the April 11 Courier; however, these were for programs operating out of their West Palm Beach facility. Mrs. Walker explained she had called and that was the response she was given. Mrs. Walker asked what kind of response rate the YMCA could expect given it was only 12-13 days from the end of school. Mr. Preston commented this recreation center had been in both those newspapers, to which Mrs. Walker responded that according to the YMCA those ads were . for summer camp programs operating out of their West Palm Beach facility, so if a parent called to enroll a child as she did, they were told it was out of their West Palm Beach facility. Councilmember Walker asked if the staff had any inkling as to what kind of response rate there might be with it being onl� about 12 days until the end of school. Mr. Preston commented he believed the response would be great since the article for the Village of Tequesta was in the April paper, and it had listed the Village of Tequesta YMCA on Seabrook Road. Councilmember Walker asked if ther� was any indication why, pursuant to the Public Works Committee meeting in January and the second Public Works Committee meeting in February, and promised workshops that did not occur, why the Village was now considering the same program that had been on the plate for the past nine years. Mr. Preston responded this had been considered at a Village workshop in March with the YMCA, which Councilmember Walker had attended, and the general consensus from that meEting had been to pursue the agreement presented tonight. Councilmember Walker commen�ed she had spoken about the possibility of offering programs to be responsive to all of the youth and apologized that she did not remember agreeing to the same o1d program and not ta work outside the box. Mayor Genco requested clarification, stating she had seen the newspaper viz��E covrrczL MEETSNG MINUTES Ma.y 10 , 2 0 O 1 PAGE 25 ads for the Tequesta facility, and asked if Councilmember Walker had called that number and if the newspaper art�cle that stated she had enrolled her son was incorrect. Councilmember Walker responded she had not said she enrolled her son in the YMCA at ali; that she had enrolled her son in activities for the summer, but not in the YMCA because she was not willing to drive to West Palm Beach every day nor was he old enough. Mayor Genco asked why the YMCA would give the wrong information, to which Mr. Preston responded he could not imagine, since the YMCA had a person who represented the Tequesta facility, and he had spoken to that person on many occasions. Mayor Genco stated she thought the YMCA needed to run an ad again at their cost to correct this. Pam Hudson of Tequesta Pines commented that her two children w�re ages 6 and 2, that there were no activities offered in Tequesta for the younger child, and other things were n.eeded besides the library, such as Gymboree. Mr. Preston responded that the YMCA had �et ages 5-12 as the age group for the summer camp program. Mr. Preston responded to Mrs. Hudson that the summer camp program would take all the time for the whole summer and she questioned whether something could be offerEd on the weekends for the younger chi�.dren. Councilmember Walker stated she had had this same discussion on an ongoing basis, and was very frustrated. Mayor Genco explained that there would be insurance situations and facility changes needed in order to offer programs for the younger children at this time, which had been part of the reason the Village had not been able to pursue that age group, and not because th� Village was unwilling to do so. The Mayor explained that the YMCA had come in and in order to do a proposal close to what Mrs. Hudson was talking about was $100,000, and it was not something the Village was prepared to do not knowing the payback over what period of time. Mayor Genco explained it was her understanding from the woz�kshop rneeting that this would be the first phase, with other things following as quickly as possible, but the situation had b�en more VIL7�AGE COUNCIL MEETINC� MINUTES Mty 10, 2001 PAGE 26 ----------------------- complicated than just 5tarting everything at once. Councilmember Walker clarified that the $100,000 had been for the YMCA to operate a day care center, which was something she and then Mayor Capretta did not want-for the Village to be in direct competition with private day care in Tequesta. Councilmember Walker commented that what she had been trying to look for was something that would have been responsive to Mrs. Hudson's request, which was basically contractual services for play time. Mr. Preston commented that during budget hearings last year, two possibilities were discussed-for the YMCA tc� of�er programs or for the Village to offer programs, and the decision had been made last September for the YMCA to offer all programs, and only the YMCA programs had been budgeted. Mr. Preston explain�d that the cost for the Village to offer programs would be far in excess of what was being paid to the YMCA-approximately five times more-anticipated �o be $200,000. Councilmember Walker asked if that was for contractual services, where a service like the YMCA would come in and offer a program and try to.break even, and if they did not they would close up and go away. Mr. Preston commented the YMCA program had been tried for two years at this facility, which was a total failure, and that was the reason that program was not being offered again. Mr. �reston explained that the YMCA had been successful tor the summer program but nothing else. Mayor Genco stated the Village was not unwilling, but was trying to get something working and as something worked, then add to it. The Mayor indicated that the Village was more than willing to spend money on programs but did not have the kind of mpney to do this complete service at this time. Mrs. Hudson inquired as to the refurbishing cost for this facility. Mr. Preston respo�ded that this phase had cost approximately $22,000, which included such items as windows and a new staff bathroom. Mrs. Hudson inquired what was planned after the summer camp was over, to which Mr. Preston re�ponded that was the next item on the agenda, for an after school care program. Mrs. vzzr�iGE courrci�, b�ETING MINUTES May 10, 2001 P�iGE 2 7 ----------------------- Hudson expressed frustration that over the past nine years no one had suggested programs for younger children. Village Manager Couzzo commented he had spoken to Mr. Preston regarding the need for providing activities for younger children and for seniors, and had suggested to Mr. Preston that these items be incorporated into the budget submittal for this year, whieh was now in process. The Village Manager explained that this item might result in increased costs, but it would come before the Village Gouncil for discussion in this budget cycle. Mrs. Hudson inquired whether this facility was unsafe for younger children. Mr. Preston responded that he was not saying the building was unsafe, but was saying that because of insurance requirements, the YMCA was unwil�ing to offer programs for younger children. The Village Manager commented the Village would have to look at doing some things themselves, and that unlike other communities that had very l.ar�ge recreation programs, Tequesta had not done those things, but was looking to enter into it. The Village Manager indicated that the first step was to create a Recreation Department, as opposed to having a Recreation Departmen� to add a program to or to add a paxk to; and that would be looked at in the budget cycle. Mr. Couzzo commented that the budget hearings were a great opportunity for people such as Mrs. Hudson to participate. Vice Mayor Capr�tta asked Mrs. Hudson if a Gymboree program was offered in this area. Mrs. Hudson indicated that the nearest was in Juno Beach. Vice Mayor Capretta explained that he had taken his 2-1/2-year-old granddaughter to Constitution Park during a couple of her recent visits, and had been shocked at haw many young mothe�s and small children were there. The Vice Mayor commented that many families today had only one child and needed to teach that child social skills, which was what the Village needed to prov'ide in programs; and that when he was growing up one did not have to worry about such things since there were brothers and sisters to beat up. Vice Mayar Capretta advised that the Gymboree program was not free to the participants, and VILLAGE COUNCIL MEETING MIN[JTES May 10, 2001 PAGE 28 ----------------------- suggested an arrangement with a professional program provider where people would pay for programs when they attended, and the Village would only need to supplement the fee for the program � with a dollar or two. Mrs. Hudson commented that such providers had their own insurance. Councilmember Walker commented that such an agreement would be very similar with the one now being considered with the YMCA--where the Village would provide the building, etc., and quoting the YMCA, they would operate the program at no cost to the Village. Councilmember Walker commented there were a lot of those contractual services out there and she was disappointed that again the Village was not servicing the whole community. Vice Mayor Capretta noted he recently had a birthday and was now 78, and maybe grand�athers should take care of the kids. Mayor Genco questioned whether, now that the Village was in the process of doing something with the YMCA, that would preclude something else in this building, to which Mr. Preston responded that the YMCA program would cover the period from 7 a.m. to 6:30 p.m. Vice Mayor Capretta suggested the other Village Councilmembers observe the activity in the park, and noted that his big concern rahen voting to approve some of the recreational facilities in the past had been whether they would be used. The Vice Mayor reported there had been 18 mothers in the park and that some picnic benches were needed because they had to sit on the ground to eat their lunches. Mayor Genco asked whether Mr. Preston had understood from the YMCA that they would not ever be able to provide the Gymboree program. Mr. Preston stated it was his understanding with the YMCA that they wanted to cover the age group for which they were offering the summer camp program, so the answer was no. Vice Mayor Capretta noted the Village might have to associate with another organization. Mayor Genco questioned cahether there was a reason the Village had not considered another provider following the workshop discussion regarding th.e insurance issues, etc. Mr. Preston responded it really had not come up before, and VII�LAGE COUNCIL MEETING MINUTES Ma.y 10 , 2001 PAGE 29 ----------------------- such items should be considered during the budget process in order to have funds available, and this was not discussed at any of the budget hearings last year. Vice Mayor Capretta noted the fastest growing segment of the population was the 30-45 age group, which was the group who had kids. Mayor Genco commented that unless someone had a better idea, providing additional programs would need to wait to be considered during the budget process. Councilmember Wall�er requested that prior to the budget hearings, staff put together some potential programs that could use the Village's recreation center on a contractual basis at no cost to the Village and provide programs that would be more responsive, and not just for the summer. Mayor Genco commented that there were. two Resolutions before the Vi].lage Council, and the choice was to either implement those with a program to be implemented now, or wait for the budget hearings in June and final budget adoption in July, and start all over again. Mrs. Hudson asked whether if a certain number did not sign up for the YMCA program a replacement program could be offered that would accommodate the younger children. Mayar Genco commented tha would be unfair to those who had signed up. Mrs. Hudson indicated that in other instances if not enough signed up by a specified deadline then the program was not offered, to which Mayor Genco stated that she thought the Village could do that, and that when the budget came up if it was found this program still was not carrying, it could be addressed for the following year, Mayor Genco asked if that was agreeable to the other Councilmembers. Hearing no disagreement, Mayor Genco stated that the agreement covered by Resolution 41-OQ/Ol would be modified to state that a minimum number of children must be signed up by June 14, 2001. Mr, Preston noted that a sufficient number should be signed up within the next two weeks. Councilmember Walker made � motion to apprave Resolutioa 41-00/01 as amended to state that a minimuxn number of children must be signed up by VILLAGE COUNCIL MEETING MINUTES May 10, 200I PAGE 30 ----------------------- June 14, 2001. Councilmember von Frank seconded the motion, which carried by unanimous 5-0 vote. C) Resolution 42-00/O1, A Resolution of the Village of Tequesta, Pal.m 8each County, Florida, Approving an Agree:nent to Allow the YMCA to Offer an Aftex School Proqram, Authoriza.nq the Villaqe Manager to Execute the Applicable Agreement on Behalf of the Village. Mr. Preston indicated that this agreement was basically the same as the summer camp agreement, with two exceptions: under item "C", the Village was required under the after school program to make a payment of $6, 000. 00 to the YMCA of a one-time start-up cost; the second item was "F", which stated this was a 3-month contract to be renewed monthly thereafter. Mr. Preston explained this program would start at the end of August when school started. Mayor Genco asked if the YMCA would object to the Village Council not acting on this Resolution subject to the suznmer camp program being successful. Mr. Preston advised if the after school program was stopped now, there would not be enough children signed up for that program since it needed to be pursued. Mayor Genco commented that if the summer camp program was successful, �then the YMCA would get their after school care program which was for the next school yea�, and if not, there would hopefully be a new vendor for the whole package. Mr. Preston questioned what would be don.e about the people who had already signed up for the after school care program, to which Mayor Genco responded they would sign up with the new vendor, which would not be �he YMCA. Mr, Preston questioned whether there was anothe� provider for an after school care program. Village Manager Couzzo commented that the question was, how competitive was an after school program for other providers. Mayor Genco stated the Village could not have two providers ope�ating out of the same building and offering different kinds of services. Village Attorney Randolph advised what staff was VII,I.AGE COUNCIL MEETING MINUTES May 10, 2001 PA6E 31 ----------------------- saying was that plans must be made for the after school program and they could not just go into it based upon whether or not the summer program was successful-that was too tenuous a situation; so the Village Council must make a determination whether to go forward, but might defer it for some reason for one month, al�hough he was not sure that would not deter the after school program from going forward. Village Manager Couzzo suggested if it was the desire of the Villag� Council to deter this item that it could be defezred to the Special Villaqe Council meeting on May 30, if deferral was a problem for the YMCA, and if not it would be immediately deferred until June 14. Councilmember Dalack commented the Village Council would not know until 3une 14 whether the summer camp program was going to be successful. Mayor Genco suggested going back and amending the prior motion for Resolution 41-00/Ol to be May 30. Village M�nager Couzzo commented the Village might have a good indicator of the enrollment for the summer camp program by the May 30 meeting. Mr. Preston commented the Village might want to allow the YMCA to handle the summer program and the Village staxt their own program after that, so that the YMCA would not handle the after school program and the Village would cover all the things they wanted to handle; and the only difference would be that everyone would leave tonight's meeting knowing - the cost would not be $35,000 or $40,000, but the cost would be $175,000 because a successful program from 9 a.m. to 9 p.m. would require full staffing rather than only one person. Mayor Genco stated that was not the point, but wh�t the Village Council needed to do was to revisit the motion for Resolution 41- 00/Ol to change the date �o May 30, and to table Resolution 42-QO/01 until May 30. Mr. Preston commented it was possible the YMCA would not pursue the after school care program if this was done because this could stop their proc�ram, which he thought might be fine with the Village Council, and expressed his preference for the Village to run its own programs. Councilmember Walker commented there were even contractors for that; that there was a VILLAGE COUNCIL MEETING MINUTES May 10, 2001 PAC,rE 32 ----------------------- great contractor in West Palm Beach; and the Village needed to investigate the cost for contracting programs that would be responsive to people such as Mrs. Hudson. Mr. Preston commented this had been discussed for 5-7 years but no progress had been made. Vice Mayor Capretta commented he had been though this several times, and he wanted the other Councilmembers to know there were not that many people available to do this kind of work that the Village would want, and the Village had had a tough time getting the YMCA to produce these programs. Vice Mayor Capretta commented he did not think there was any need to worry about the summer camp program being successful since it would probably be over subscribed. The Vice Mayor stated he did not want to lose the after school program, but did not mind the Village Council waiting a few weeks to see if enrollment was high. Vice Mayor Capretta indicated if the Village Council wanted the Village to provide programs it could cost $175,000 plus, and a decision would have to be made whether to take the plunge and have their own Recreation Department, which could cost at least $300,000�$400,000. Mr. Prestori commented that any agency who came in to run programs for the Village would charge the children such a large amount that th�y might not be able to participate. If the Village provided the programs, the children could come day after day.and enjoy the facility, but no one was going to do it at no charge to the Village-they all had to charge somebody, and his preference was not to charge the kids. Mayor Genco asked if Mr. Preston was planning on putting in $175,000 and not charging the parents. Mr. Preston responded they would have to be charged something but he believed there could be a very successful program not charging the $100 per week they were charged by the YMCA. Mayor Genco commented the Village might charge $75.00. Mr. Preston suggested charging $25.00. Mayor Genco commented the Village could recover part of the $175,000, and she thought it would be unfair to make a decision to spend $175,000 �or all the citizens of the Village when only a select number VILLAGE COUNCIL MEETING MINUTES - � May 10, 2001 PAGE 33 .. ----------------------- would benefit, but as long as something would be recovered she could qo wi�th that. Mayor Genco � questioned whether the Village had had an after school program last year that was unsuccessful or , terminated due to not enough people. Mr Preston � explained that was not �the after school care - program, but had been a recreation program offered by the YMCA, and part of it�had been after school hours. � Councilmember Dalack ma.de a saotion to reconsider Resolution 41-Op/01. Councilmember Walker seconded the motion, which carried by uaanimous 5-0 vote. Cou�acil�nember Dalack made a motion to amend the motian for Resolution 41-00/O1 �vith the date of Ma.y 30, 2001 a.nstead of June 14, 2001. Mr. Preston . clara.fi,ed that . the YMCA would tell the Village by May 30 if their s�ummer camp proqram ovas goinq to be ' successful. Councilmember von Frank seconded the motion, vvhiah carra.�d by unanimous 5-0 vote. Vice Mayor Capretta.commented Mr Preston had heard all this before, but this time it was much .. stronger-the whole question of the role of the Recreation Department, the growing number of children by age group in this Village, programs � � they would need and want, and the cost to provide � those programs.at a competitive price--meaning a • lot less than the YMCA would charge but not free-- to be affordable to the people who wanted to use � the programs. Vice Mayor Capretta commented that this discussion had been held several times but the � present Village Cou.ncil f�lt a lot dif�erent than previous Councils. The Vice Mayor indicat�d he had al.ways pushed for this program but now had others on tl�e Village Council who, were supportive of this ' issue and he felt the time was now right for a �roposal from Mr. Preston to do the program right. Mr. Preston expressed his appreciation. Councilmember Dalack made a motion to defer VILLAGE COIINCIL MEETING MINUTES May 10, 2001 PAGE 34 ----------------------- consideration of Resolution 42-00/O1 to the Special Village Council meeting on M�y 30, 2001. Councilmember Walker secoaded the motion, which carried by unanimous vote. D) Orda.nance - First Readinq = Ari Ordinance of the Villaqe Council of The Village o,f' Tequesta, Florida, for Securing Construction Materials in the Event of a 8urricane Village Attorney Randolph read the above Ordinance on first reading by title only. Councilmember Walker made a motion to �pprone the above Ordi.nanee or� first reading by title only. Councilmemb�r von Frank seconded the moti.on, which carried by unanimous 5-0 vate. (E) This item �vas moved to Item C under Presentations and Procla�mations. (F) Donatio�. of $7,OOQ to Lighthouse Center for tlze Arts Mayor Genco commented that Margaret Inserra of . Lighthouse 5chool of the Arts had made a pr.esentation at this last Village Council m�eeting and there were more than enough funds to make this donation, and that this was in line with the discussion that had taken place with Lighthouse School of the Arts. Mayor Genco commented that she had spoken with them a number of times and knew they sorely needed the money. Gouncilmember von Frank made a motion to appxove a donation in the amount of $7,000.00 to Lighthouse School of the Arts. Vice Mayor Capretta seconded the motion. Duri.ng discussion o� the motion, Counailmember Dalack indicated he must.abstain £rom voti�ng on this inatter due to conflict of interest, since his wife was a member of the Lighthouse VILLAGE COtTNCIL I�ETING MINUTES May 10, 2001 PAGE 35 ----------------------- School of the Arts faculty. Councilmember Walker coatmented that she had reccived a couple of phone calls inda.cating that the $1, Oa0 dox�ation to Jupiter High Sehool for Project Graduation had not been received, and requested alarification of the amounts approved from the original $11,000 in the aceount, to be sure there was enouqh money for this donation. Councilmembe� Walker stated hex understandi.ng that the following donations had been made: $1,000 to Florida History Museum; $1,000 to Jupiter �igh School Project Graduation; $1,000 to 8abitat for �umanity; and a donation to the Poli,ceman's Ball, �vhich brought the balsnce to $7,550 rather thaa $8,550. Village Manager Couzzo indicat�d he would need to cheak the amount, and that he signed all the checks personally and believed he had seen a check to Jupit�r �igh School for Project Graduation and �vould ensure tYxe n�ext day that had been taken aare of. Couneilmember Walker aommented that the Va.11age Counci.l needsd to realize that vrould only leave $550 available to participate further in the coanaunity, and if ev�ryone was okay ovith that, it was great. It mas noted that this budqet year vrould er�d September 30. Ma.yor Genco commented that Liqhthouse School of the Arts had based th�ir budget on receiving a$10,000 donation from the Village as they had been prcmised, b�xt some of that had been spent. Mayor Genco indic�ted she had invited them to ntake the presentation at the ].ast meeti�aq, arld would like them to receive $7,000. The vote on the motion aras : Geralda.ne A. Genco - for Josepli N. Capretta - for Basil E . Dalack - abstai.n Russell J, von Frank - for 3haron E. Walker - for The motion was therefore passed and adopted. (G) Discussion, Review and Consi.deratiori of Draft VILLAGE COUNCIL MEETING MINUTES May 10, 2001 PAGE 36 ResoZution for Possible Action for Approvi.nq Formation of a Citizens Ad.visory Board. Mayor Genco commented this was a draft for consideration by the Village Council on which she hoped everyone had spent time so that amendments could be made. Mayor Genco commented this was a Resolution of the Village Council which would create an ad hoc advisory board to the Village Council to be known as a Citizens Advisory Board, and would establish its purpose, provide for its makeup, establish its term of existence, and would provide an effective date for the Committee to begin work. Mayor Genco advised that all of the items in this Resolution were setting out the criteria and there were no specific duties that the Board wauld be given other than to come up with things of interest to the citizens. Mayor Genco indicated one of the items she thought this Board might be able to address was the skateboard park, which she had already discussed with the Police Department. Mayor �enco explained that the original concept wa� that the Board would bring to the Village Council things that they felt were o� interest to the community so the Village Council could take action. The item would be considered by � the Village Council, there would be public input, and the Village Council would then pass a Resolution if they felt it was a good idea to implement the item. Mayor Genco commented it was her idea for each Councilmember to appoint one person, with their terms to run concurrently with the Counci�member who appointed them. In the event the Boardmember quit or moved, that Councilmember would fill the vacant seat. The Board would elect a Chairman from their own membership and decide their own projects. Mayor Genco noted that a lot of towns had these types of Boards, and she felt it was a way to get out into the community and hopefully to get more communication with the residents. Mayor Genco indicated this was her concept. Councilmember von Frank questidned if the membership wou�d be limited to five, to which Mayor Genco responded yes, but that the Resolution could VILI�AGE COUNCIL MEETING MINUTES May 10, 2001 PAGE 37 be amended. Councilmember von Frank suggested 5 with 2 alternates. Village Attorney Randolph indicated the Village Council should select the alternates. Mayor Genco stated there would have to be consensus on the alternates. Courtcilmember Walker commented approximately 70°a of the population on the peninsula and probably at least that amount of the population on the beach was seasonal and she believed their concerns, needs, and wants should be heard by the Village Council, especially given that residents on the beach really did not show up at meetings. Councilmember Walker commented she did not want so many people that nothing would get done, but possibly one idea to think about was as each member of the Village Council appointed a member to the Board that they also appoint an alternate who was a seasonal resident, who could participate when they were here. Village Attorney Randolph commented that he could see the need for alternates to a Board which actually functioned, like the Board df Adjustment, which needed a quorum or a certain number of people to act, so they would need alternates from which ta select. Attorney Randolph advised that this was just an advisory board and questioned why alternates would be needed, and suggested just making it a 7 person Board as opposed to a 5 person Board. The Village Attorney explained it served no purpose to have alternates to an ad hoc advisory committee. Mayor Genco suggested the Board should be made up of ten p�ople with six required to hold a meeting. Vice Mayor Capretta disagreed, expressing his opinion that five was plenty because if there were too many nothing would get done. Vice Mayor Capretta indicated he did not believe alternates were needed. The Vice Mayor indieated the real iss�ie was what the Board would be charged to do, whether they would go out and report back to the Village Council what people were thinking or whether the Village Council would give them projects such as the skateboard issue, or another subject which the Village Council was considering and was concerned about and wanted to know if they really had the pulse of the people. The Vice Mayor VILLAGE COUNCIL I�LTING MINUTES May 10, 2001 PAGE 38 ----------------------- suggested the best way to use and learn from this Board would be to appoint one member for each Councilmember, let them meet and organize themselves, and have the Village Council give them one or two assignments such as sk�teboarding and the Gymboree program. After 60 or 90 days the Board could make a presentation to the Village Council on what they had found. Vice Mayor Capretta suggested if it worked well that another group of five could be appointed to work on another project, rather than a big group of ten. Councilmember Dalack indicated he thought it should be free flowing rather than making assignments, but agreed with Vice Mayor Capretta that five members would be appropriate, and that the appointees needed to have a finger on the pulse of the community. Mayor Genco commented she envisioned a non-political committee, so when the Village Council felt they needed input the committee could provide that, and the committee could have a choice in that if they did not want to work on a subject suggested by the Village Council they did not have to do it, and if they were not doing what the Village Council thought they should do, the committee could be dissolved. Councilmember Dalack suggested that the blank in Section 2 be filled in with 5; and the blank in Section 5 be filled in with one year. Councilmember Walker expressed the hope that this would not preclude the Village Council from being involved in the community, to which Mayor Genco responded no, that it was an opportunity to get more input. Mayor Genco called for public comment. Gary Collins explained he was a seasonal resident, and it worried him that seasonal people could not participate in something as important as a Citizens' Advisory Board, which would provide key input on important subjects. Mr. Collins expressed his opinion that if this had not come up and each Councilmember had appointed a member to the Board, not one would have been seasonal, yet those seasonal residents made up a high percentage of the ta� base. Mr. Collins commen�ed ACT did a VILLAGE COLINCIL MEETING MINUTES May 10, 2001 PAGE 39 ----------------------- tremendous job during the election and he saw three ACT members on the Village Council, so assumed their appointees would also be ACT members, which concerned him, but would not worry him if other appointees were seasonal. Mr. Collins cautioned the Village Council that they must make sure the committee was non-political. Mr. Collins commented that whenever someone who was selected was tied to someone who was elected there would be a connection and he was not sure that was the best way to have representation from the beach and all over the Village. Mr. Collins expressed a desire to serve on the committee while he was here for six months in order to have input regarding some of the money he was contributing. Mr. Dalack commented there woul.d be nothing to preclude Mr. Collins from attending meetings of the Advisory Board and making suqgestions. Village Attorney Randolph commen�ed that was one point, and the second was that this Resolution did not preclude 6-month residents from being appointed; but th� Village Council should think about something in response to the commen:ts-although each Councilmember would appoint an individual, the language that had been d�afted said the full Board had to be ratified by full Council, and if the Councilmembers found in making individual appointments the result was what the full Council felt was a lopsided Board, then the Village Council might want to reconsider who the - members had appointed. The Village Attorney indicated it would be the Council's decision who would be the appointees. Mr. Collins commented that decisions must b'e made by the Council, and that in business, making decisions by committee was extremely difficult, and running a Village by a Citizens Advisory Baard would be very interesting. Vil.lage Attorney Randolph indicated this Resolution had been drafted to allow the Vi].lage to appoint members, b�zt it could be changed to be consistent with the draft of the Vil.lage Charter Commission, for which language would need to be added as tollaws: "Each Village Councilmember shall nominate one member to the Board, the full Board of five to be ratified by the Village Council." VILI�AGE COUNCII� MEETING MTNLJTES May 10, 2001 PAGE 40 Attorney Randolph explained that the Village Council must ratify the appointments, but a majority vote would prevail. Mayor Genco suggested first and second choices in case of objections from other Councilmembers. Village Attorney Randolph suggested an alternative if the Council did not want appointments from each individual because they feared the result would be lopsided: they could just have a 5-member Board appointed by the Council and applications for t.he Board could be considered by the Village Council. The Villaqe Attorney cautioned the Village Council to go into this with their eyes open, indicated his statements were not intended to dissuade the Council from going forward since all the Councilmembers felt this was a good idea, and reported similar Boards did exist in other municipalities. However, this Board would be subject to the Sunshine Law and people appointed to an ad hoc advisory board would not be abie to talk to each other outside of a public meeting about Village business. Mr. Randolph advised there could be 5 or 10 peopie in the Village wha decided they wanted to get together as a committee and come to the Village Council to advise the Council on a regular basis in regard to Village business, and they would not be subject to the Sunshine Law because they created thems�lves as a board that would report to the Village CounCil. Attorney Randolph advised that once the Village Counci,l appointed this board as an ad hoc board of the Village they would not be able to talk to each other outside of a public meeting about Village business, and if for instance, three were members of some sort of PAC, they would not be able to attend a PAC meeting to discuss issues among themselves. Councilmember Walker commented that in light of Mr. Collins' comments that she would like two alternates to this Board from ea�h Councilmember nominating an alternate and considering the areas occupied by seasonal residents, with the selection to be made from seasonal people. Mayor Genco commented if the seasonal people were primarily on Beach Road, perhaps they could designate a representative to VILLAGE COIINCIL MEETING MINUTES Ma.y 10 , 2 0 01 PAGL 41 ----------------------- speak for them. Mayor Genco indicated that in thinking about who she would appoint, she had considered demographics and what they had to contribute, and one of the reasons for selecting a certain person for the Board could be based on that, but she would hate to preclude her choice because the appointee had to be seasonal. Councilmember Walker indicated only the two alternates would be seasonal. Councilmember Dalack commented nobody had anything against seasonal people, and seasonal residents had just as much right to attend meetings they were available for as anyone else, and this sounded like the Village Council was discriminating against seasonal residents. Councilmember Walker responded she was just trying to make sure they were not left out of the loop. Councilmember Dalack stated that was what discrimination was, and the more he heard made him think this concept might not be a very good idea. , Mr. Collins commented the Village Council could not have a seasonal person as a full member because they would not be here. Mayor Genco commented she had tried getting a seasonal re�ident to run for Village Council and told them their $250 per month payment would pay for their airline ticket to come back and forth, but they did not want to run. The Mayor commented that one had to give up something to have a Village �ouncil position. Mayor Genco commented if someone wanted to attend something they would do it, and it was allowed to miss a certain number of ineetings. Mr, Collins expressed unwillingness to fly back each month just to attend a Citizens Advisory meeting but stated that he would like to attend as an alternate when he was in town. Mayor Genco indicated an idea r�as needed for a seasonal committee for some purpose to advise the Board, since she found it very difficult to find a way to incorporate someone who was saying they could not attend half the meetings. Peggy Verhoeven commented on this committee being politica�ly biased, stated she did not want to see another political issue here, and people appointed VILLAGE COUNCII� MEETTNG MINLJTES May 10, 2001 PAC3E 42 ------------------�---- to the Board should care about the issues and be people who had time to devote themselves to the tas�. Ms. Verhoeven suggested grandmothers or grandfathers, people who were not working, people who had time to spend, and commented politics should not take any part in this or it would not work. Jim Humpage comm�nted this was a good idea, suggested a smaller committee was more functional, indicated this was an experiment and should be by people who had the best interests of the Village at heart, and noted that the Village Council could always dissolve the committee if it did not work. Mr. Humpage empathized with the seasonal residents, but commented that one of the subjects suggested for work by the Committee was programs for the children, which had to be done this summer for the next budget. Mr. Humpage expressed hope this would not be a political committee. Mr. Humpage indicated he thought the Village Council should give the Committee proj ects and put a section in Smoke Signals asking residents what they would like this Committee to look at and have them drop it aff at the Village Hall in a box. Mr, Humpage commented this was an outreach but if it did not work out it could be clissolved. Councilmember Dalack commented the more he heard he had become convinced this was not a good idea. Mr. Dalack commented that perception was everything and if this was perceived as political it would not accomplish the goal, and in fact would defe.at the goal of communication. Councilmember Dalack �xpressed his opinion that a formal committee was not needed, but that any group of people who felt a need for anything--whether a program for their children or a skateboard facility--should come to the Village Council and tell them why they thought their issue was necessary and do whatever investigation they could to convince the Village Council it was necessary. Councilmember Dalack commented that citizens had the authority now to tell the Village Council what they needed, and more VILLAGE COUNCIL MEETING MINUTES May 10, 2001 PAGE 43 ----------------------- than one could get together. Councilmember Dalack indicated tha� notions of discrimination against seasonal residents and perception of this as political would defeat the purpose and he thought it was not a good idea. Councilmember Walker commented that a way it might not be political could be to provide notice that this Board would be created and to provide applications, to be handled just like the other Boards, and all applications would be considered as an agenda item. Village Attorney Randolph noted that was the way the Resolution was presently drafted. Mr. Collins commented if a resident was only here for six months they could be appointed. Councilmember Walker concurred, indicating she believed members of the other Boards were required to attend a certain number of ineetings and perhaps if three in a row were missed with no good reason that person would be removed. Village Manager Couzzo suggested this Committee might meet only every 2 or 3 months and in order to miss three consecutive meetings a resident would have to be gone 6 or 9 months, so Mr. Collins would be able to get back in time to be a regular member. Vice Mayor Capretta offered a solution, which was to appoint five members at th.is meeting to serve six months, with no seasonal residents, since the next six months were the six months seasonal residents would be gone; and in November to add two seasonal residents. Councilm�mber Walker commented if this was set up like the other Boards there would be two alternate positions and Mr. Collins could fill out an applic�tion to be an alternate. Mayor Genco expressed her opinion the Board really needed a year to work together as a team. A member of the audience commented there were people here year round and accommodations for dollar signs should not have to be made. Mayor Genco expressed hope that the seasonal residents would apply and would be appointed and if they missed three meetings they would be removed, and she would have to start wondering how much the seasonal residents were voting in elec�ions. Councilmember Dalack commented the resident's statement was a classic vzzr�,GE courTCiz MEETTNG MZNUTES May 10, 2001 PAGE 44 ----------------------- example of what he was talking about, and this would be opening a can of worrns. Mayor Genco concluded that Councilmember Walker's suggestion of having this like the other committees would be best, accepting applications and the Village Council making appointments. Councilmember von Frank made � motion to table this item to gi.ve everyoae a chance to digest all of the comments that had been made and for ea�h Cauricilmember to make a recommendation. Vice Mayor Capretta seconded the m,ota.on, which cartied by unan�.mou� 5-0 vote . Mayor Genco stated this item would appear on the agenda for the next regular Council meeting as Unfinished Business. (S) Discussion, Revie� and Consideration of Dra�t Resolution for Possible Action for Approva.ng Forma.tion of a Village Charter Rev�iear Committee . Village Attorney Randolph read the Resolution by title. Councilmember Dalack stated this review was necessary and questioned the Village Attorney as to whether he believed revisions could be ready by the March 2002 election. Village Attorney Randolph indicated that was a reasonable length of time. Councilmember Dalack suggested that in Section 4 language be added to state �he Board wQUld automatically be dissolved on February 28, 2002. Mayor Genco questioned whether there was a notificatior� process to be done in order to have this item considered at the March election. The Village Attorney indicated that at least 60 days should be allowed for that process, and that two readings of the Ordinance would be required, so 60- 90 days should be allowed. Vice Mayor Capretta suggested the date of November 1, 2001 for the Board to be dissolved. Discussion ensued. The Village Attorney advised there was nothing legally VILLAGE COUNCIL MEETING MINUTLS May 10, 2001 PAGE A5 ----------------------- wrong with stating the Board shall be dissolved on completion and submittal of their work, but the Village Council might like to give the Board a target date. The Village Attorney indicated that November 1 was a reasonable deadline. Councilmember Walker expressed concern that might not be sufficient time, The Village Attorney advised that this was a very short Charter, that the Charter should be reduced rather than expanded, and it should be only a matter of amending antiquated sections, and he assumed he would be asked to attend and give guidance. Councilmember Walker expressed concern that she and others might not be qualified. Attorney Randolph advised that other Charter review committees for which he had sat as legal counsel had called in people from other associations who could give advicE and possibly the first one or two meetings would be to ob�ain guidance and receive advice regarding what a charter is supposed to do, and what should be encompassed with�n it, and the remainder of the meetings could be devoted to making the amendments. Attorney Randolph indicated it was not necessary to include a requirement that he attend in order for him to come to �he meetings and that it was not appropriate for members of the Council to participate when they had selected an advisory board to advise them. Village Attorney Randolph commented that he assumed the Village Manager would attend and could give in�ut regarding what he had heard that the Councilmembers might like to see, and the Councilmembers would have opportunity to give input but should not attend, since when a Councilmember attended an advisory board meeting there was a tendency fox the board to adopt whatever was suggested by the Councilmember which spoiled the purpose of having an advisory committee. Village Manager Couzzo commented that the meetings would be public and minutes would be taken and distributed to the Councilmembers. It was clarified that the full board would be ratified by the Village Council. Mayor Genco indicated the date of November 1 could be inserted in Section 4. Councilmemb�r Dalack xequested and received vzzr.�G� covrrc=L MEETING MINUTES May 10, 2001 PAGE 46 ----------------------- clarification from Attorney Randolph that Councilmember Dalack could communicate his opinions of deficiencies and the need fqr revision to the Village Manager. Vice Mayor Capretta commented he was surprised at that answer, and it violated the whole concept of all the boards for any Councilmember to tell them what they wanted. Vice Mayor Capretta commented tha� he could think of nothing more direct than an attorney telling them what to do with a legal charter. Councilmember Dalack commented that what Attorney Randolph was saying was that it would be appropriate for him to give his comments to the Village Manager. Mayor Genco asked if then what would happen would be that Councilmember balack's notes would be passed to the board by the Village Manager. Attorney Randolph explained the Village Council had control over this and if they wanted a completel.y unbiased and untainted position from the Charter Review Committee then the Council could just indicate they did not want the Village Councilmembers to give suggestions in regard to changes they would like to see. Mayor Genco and Councilmember Walker indicated they would like to do that and that it needed to be a non-political item. It was clarified that the recommendations of the Board woUld come bacl� to thE Village Council for approval. Mayor Genco asked if the Resolution should state that no Counci�member could participate, to which the Village Attorney responded na, that the Council could make that rule now, but there was nothing to preclude a Councilmember from stating his or her view to a resident and the resident suggesting that view to the board. Vice Mayor Capretta objected that would violate the Sunshine Law. Attorney Randolph responded it would be a violation pf the Sunshine Law if the resident came back to the Village Council and told them what the Councilmember had said. Mayor Genco stated it was an unwritten policy that no Councilmember would participate in the charter review, that the only amendment to the Resolution was to insert the date of November 1, 2001 into Section 4. VII�LAGE COUNCII� � MEETING MINUTES May 10, 2001 PAGE 47 Councilmember Dalack made a motion to adapt the Resolution as amended. Couz�ci].�aember von Frank seconded the motion, which carried by unanimous 5-0 vote. Mayor Genco commented that appointments to the Charter Review Commit�ee would be made at the June 14, 2001 Village Council meeting and requested that Councilmemb�rs come to the June 14, 2001 Village Council meeting with their first choice and an alternate. (I) Resolution No. 43-00/O1, Approv�.ng an acti.on Strategy Plan with Loxmhatch�e River Envi.ronmental Control District (The District) of Jupiter, Florida, as 1Zelates to the Tequesta Sev�erinq Agreemeat and Authorizing the Village Ma.naqer to Execute the Applicable Plan on Behalf of the Va.11age. Presentation bg Richard Den, ENCON, and Ton Jensen, P.E., Reese, blacon � Associates. Mr. Jensen indicated that Mr. Den� was not present. Mr. JensEn explained that this Resolution regarded something that was supposed to have been, done in 1999 relative to the sewer agreement between Tequesta and ENCON which contained language that the Village was to work to develop an action strategy plan, and the representa�ives who were to � work on the plan were Richard Dent, Tom Bradtord, and Mr. Walker, Councilmember Walker's husband. Mr. Jensen reported that Mr. Bradford then left the Village and the meetings were not held, but Mr. Dent subsequently developed a draft of the action strategy plan which the ENCON Board approved as a concept. Recently, Mr. Jensen had recently begun work with Mr. Dent to further develop the plan, and � requested input regarding the plan from the Village Council for presentation to the ENCON Board on Thursday, May 17, when he would be attending the ENCON Board meeting to make a presentation on the Country Club project activities. Mr. Jensen clarified that Exhibit "A", which basically outlined the Action Strategy Plan, was the item VILLAGE COUNCTL MEETING MINUTES May 10, 2001 PAGE 48 ----------------------- that would be attached to the Resolution, and that the other materials were backup materials. Mayor Genco questioned whether there was a possibility of obtain�ng funds from ENCON to do some of this work, to which Mr. Jensen responded that he had tried but all he could get them to agree on was to insert the word "support", meaning in case Mr. Jensen needed any assistance from their staff for graphic presentations in developing the educational program for stormwater. Councilmember G+Talker pointed out that grant funds were available, such as from the Indian River Lagoon, which would basically fund the entire project. Mr. Jensen indicated he had begun to pursue that grant when he thought the program had been approved, but he had learned the program had not been approved a�d that was the reason he was before the Council tonight. Vice Nlayor Capretta recal].ed that the Village had hired a consulting �irm and paid them $60,000 for a report regarding what was polluting the river, and that report had indicated that septic tanks were 6th or 7th down on the priority list of pollutants. The Vice Mayor commented that it was part of the aqreement that the Village and ENCON would work together on a project to improve the quality of the water in the river, and questioned what had h�ppened to that project. Mr. Jensen responded that was not in this agreement, but he could research to find the lis� of pollutants. Vice Mayor Capretta commented that a project had been picked; Councilmember Walker commented that the project that was picked was stormwater discharge. Councilmember Walker commented that as one of the principals appointed to attend the various meetinqs at that time she had been charged with taking notes, which she had saved, and offered to write out those notes, give them �o the Village Manager, . and proposed to defer this until everyone had a chance to read them. Mr. Jensen indicated if he had the notes prior to next Thursday's ENCON Board meeting he could report them then, but that would not allow time for approval by this Council. Mayor Genco stated she did not think number three shauld bE included since the Village had already paid the ,y \ VILLAGE COtJNCIL MEETING MINUTES May 10, 2001 PAGE 49 ----------------------- price on that, to which Mr. Jensen responded it was included in case other areas in the Village had septic tanks that would need to be replaced by the sewer. Mayor Genco commented then what the Village woulc� be doing would be saying point blank that no one in the Village could ever replace a septic tank, and asked if that language was in the Village code. Councilmember Walker commented that discussion at the breakfast meetings at that time was ENCON was thinking of letting out a study for septic tank replacement, which came back as the Matthews Plan, and had included other areas in the Village currently on septic tanks. Councilmember Walker indicated that she thought ENCON was just looking for the Village not to take them to Court again for another seven years and that the Village would support replacement of those septic tanks; however, that was not the language in this Resolution. Councilmember Walker xequested permission from the Village Council to type up the notes from.the meetings held early in th� year 2000 to give to Mr, Couzzo who could pass them on to Mr. Jensen. Mayor Genco stated she would prefer the notes be presented to the Village Council. Mr. Jensen indicated he would request that Mr. Dent defer this item until the notes were received. Vice Mayor Capretta m,ade a mation to defer Re�olution No. 43 until the next regular Village Council meetir�g. Councilmembex Walker seconded the mat�.an, avhich carried by unanimou� 5-0 vote. I7C. UNFINISHED BUSINESS (A) Second Reading Amending Ordinaace 355, The Comprehe�sive Zoning Ordinance of the Village, At Section R, Supplemental Regulations, at Par�gxaph (f) Relating to Wireless Telecommunications towers and Antennas, Providinq for Severability, Provi.dinq for Repeal of Ordinandes in Conflict; Providing for Coc�.ification; Providing an effective Date. \ � � VILLAGE COUNCIL MEETING MINUTES May 10, 2001 PAGE 50 Village Attorney Randolph read the above Ordinance on Second Reading by title only. Councilmember von Frank tnade a motion to approve the above Orct�.nance oa Second Reading by title only. Councilmember Walker seconded the motioxi, which aarried by unanimous 5-0 note. (B) Designation of Village Councilmembers aad Representatives to Various Governm.ental Assemblie� (i) Palm Beach County League of Cities (2) Loxahatchee Council of Government$ (3) Palm �each County�vide Beaches and Shores Council (4) Loxahatchee River Manageiae�t Coordinatinq Council (5) Palm Beach Cour�tyv�ide Interqovernm�ntal Coordina►ti.ori Program (6) NAMAC - Police ( 7 ) NAMPiC - Fire (8) JTJB Chamber of Commerce Trustee (9) Eastward 80 The following appointments were made: (1) Palm Beach County League of Cities: Representative: Sharon Walker; Alternate: Basil Dalack (2) Loxahatchee Council of Governments: Representative: Russell von Frank; Alternate: Sharon Walker (3) Pa1m Beach Coun�ywide Beaches and Shores Council - William Griffin; Alternate: William D. Griffin; Alternate: John H. Holton (4) Loxahatchee River Management Coordinating Council - Representative Geraldine Genco; Alternate: Russell von Frank (5) Paim Beach Countywide Intergovernmental Coordination Program - Representative: BasiZ Dalack; Alternate: Geraldine Genco {6) NAMAC - Police - Representative: Basil Dalack; � �4 � ? vrzzp,GE covrtczL MEETING MI�iLTTES Ma.y 10 , 2001 PAGE 51 Alternate: Chief Allison (7) NAMAC - Fire - Representative: Joseph Capretta; Alternate; Chief Weinand (8) JTJB Chamber of Commerce Trustee - Representative: Geraldine Genco; Alternate: Joseph Capretta; Second Alternate: Village Manager Couzzo (9) Eastward Ho - Representative: Sharon Walker; Alternate: Geraldine Genco; Second Alternate: Village Planner. Councilmember Walker made a utot9.on to approve the appointments to the narious governmental agencies. Councilmember Dalack second�d the motion, whi.ch carried by v.nanimous 5-0 vcte. Village Manager Couzzo indicated he would forward to the Village Council th� regular reports he received from Mr. Griffin, Representative to the Palm Beach Countywide Beaches and Shores Council. X. ANY OTHER MATTERS Councilmember Walker requested and received consensus of the Village Council to publish short agendas for all Village Council meetings in the Jupiter Courier. Councilmember Walker requested that at the Special Village Council meeting to be held on May 3Q that the audit firm make a presentation of a summary of their audit of the Village books. Mayor Genco explained that Village Manager Couzzo and the Finance Director had been working very hard on this matter, and that a presentation was planned. Village Manager Couzzo commented that the audit was substantially complete; however, 2-3 weeks would be required for the audit to be final. Mr. Couzzo stated it was his intent to have the auditors to make a presentation, which would be on the June 14, 2001 Village � Council meeting agenda, and was separate and aside from � presentation that he and staff would make regarding current conditions of the finances of the Village. The Village � Manager �ommented that the audit would be as of September r Z .ti VTLLAGE COIINCiL MEETINGi MINUTES May 10, 2001 PAGE 52 30, 2000. Brigidann Forman, 361 Seabrook Road, expressed concern regarding the change in the pavement along Seabrook Road, indicating that notice had been provided that sidewalks would be located 4' from the road and not 12', which had caused the whole block to be devastated, and residents were concerned because people had lost half of their front property. Village Manager Couzzo requested that Ms. Forntan leave her name and phone number with Gary Preston, who would contact her the next week to review the drawings. IX . ADJOTJRN�NT Vice Mayor Capretta maved that the meeting be adjourned. Mayor Geneo seconded the motion, which carried by unanimous 5-0 vote. The motion was therefore passed and adopted and the meetinq �ras adjouraed at 11:05 p.m. Respectfully submitted, r�� .c,chJ � Betty Laur Acting Village Clerk DATE APPROVED: n � � � ; 05/24I2001 14:18 5617485339 DALACK PAGE 01 �� TO: The Hon�or�ble� Aetty i.�uer ACtinq Vills�qe Clerk �iY�y �i� �Q� D[�y 24, 2001 �e: .�bstentioa fro� v�a�tinq Pursuant ta §71Z.3743, Flarida 5tatutes (ZQQO), I h�rebg st�►te t�t at the regular Village Cowncil m�eting of May 10, 200f3, I abstained frOm vatinq an the queatiAn 4f the Vill�ge's �ontributinq �7,OOp to the Liqhthq�t�e Cent�r for t�e llrts faco�s au4 abtuld�Ci2 of caution _ �l vote in f�vor miqht be avnstru«d as a� ��cial be�xefit to �'rife, Claudette Dalack, who, a$ a me�be� a� the faculty o� the �.ightho�e C�nter for �he �rts, receives a sa�a,].1 salar� frora tha� Center. . l�ccordiagly, because of the appearanc� of a cor�flict of interest, T al�stained fra� vatinq on the �easure. Section 112.3143 requires that this memorandv� be incorporated i.a the minut�a_ � ��