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HomeMy WebLinkAboutDocumentation_Regular_Tab 05D_01/11/2001 . T I � f � , � v � �� VILLAGE OF TEQUESTA DEPARTN�NT OF COMIVIUNTI'Y DEVEI.OPMEN'f � o Post Office Box 3273 • 357 Tequesta Drive s ''� '� o � Tequesta, Florida 33469-0273 •(561) 575-6220 � y " F�: (561) 575-6239 h p VILLAGE OF TEQUESTA VII..LAGE C4UNCIL MEETIATG + S DECEMBER 14, 2000 I. CALL TO ORDER AND ROLL CALL The Tequesta Village Council held a meeting at the Village Hall, 357 Tequesta Drive, Tequesta, Florida, on Thursday, December 14, 2000. The meeting was called to order at 7:00 P.M. by Mayor Joseph N. Capretta. A roll call was taken by Betty Zaur, Recording Secretary. Councilmembers present were: Mayor Joseph N. Capretta, Vice Mayor Elizabeth A. Schauer, Councilmember Basil E. Dalack, Councilmember Geraldine Genco, and Councilmember Sharon Walker. A1so in attendance were: Village Manager Michael R. Couzzo, Village Attorney John C. Randolph, Village Clerk Joann Manganiello, and Department Heads. II. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Dalack gave the Invocation and led those in attendance in the Pledge of Allegiance to the American Flag. III. APPROVAL OF AGENDA Vice Mayor Schauer requested under Any Other Matters an update from the Village Manager on Phase I and Phase II of the sewering project in the Country Club. Councilmember Walker requested addition of two items under .Any Other Matters. Vice Mayor Schauer ma.de a motion ta approve the agenda as amended. Councilmember Genco seconded the motion, which Recycled Paper , � a VILLAGE COUNCIL MEETING MINUTES December 14, 2000 PAiGE 2 ----------------------- carried by unanimous 5-0 vote . The motiqn was therefore passed and adopted and the Aqenda was approved as amended. N. PRESENTATIONS A) SCHOOL CONCURRENCY 1. Palm Beach County Coamissioner Karen T. Marcus, District 1 Commissioner Karen T. Marcus encouraged support for school concurrency, which she stated she had worked on since 1994. Commissioner Marcus explained that other municipalities that needed to sign the Resolution were A�lantis, Riviera Beach, and Palm Beach Gardens, as well as Tequesta, wi,thout which. concurrency could not take place. Commissioner Marcus reported Palm Beach County would be the firs� to com.ply with the State statute, and although Orange County was attempting to comply, ther� were questions of legality since they were working on it at a zoning level. The Commissionez noted that Mr. Noble's charge had been to have all the cities signed. on by Decembe.r 31, and encouraged th� V.illage to do so . 2. Leo Nobl.e, Consultant for the Ralm Beach County School District Mr. Noble explained that he �.ad been in the development business for thirty years and had become.involved in school.concurrency because of wanting to attract business to communi.ties, and the- best way to attra�t business was to have gaod schools. Mr. Noble commented schools were important in planning and we�e good for the entire community. In 1998 the State had passed legislation requiring a financially feasible plan, and he believed Palm Beach County was the fi�st county in the count�y _ t�_ show they had the money to build new schools and to re-build all schools within the county when they became 35 r � • VILLAGE COUNCIL MEETINC3 MINUTES December 14, 2000 PAGE 3 ----------------------- years old. Mr. Noble explained that the Statute also required intergovernmental coordination. Mr. Noble reported growth of r}ew students did not all come from new development, that this plan was set up to track student growth everywhere, that capacity had ben set at 110� of Florida Inventory of Schoqlhouses (FISH) capacity, and that the state would indicate the amount of capacity each year. Mr. Noble explained the 110o was only for permanent student stations and no portabl�s were included in the plan. New development would be required to b� reviewed by the School District to see if there was capacity in that area. Mr. Noble explained that new student growth was shifting toward the coast, and the money was available to build schools in the growth areas. A Techr�ieal Advisory Group had been established to oversee the process, look at the data, and asstzre that coordination was happening. Mr. Noble commented that this was a financially f�asible business plan to build and modernize the schools in the county, whieh was good for the communities and would attract business to the county. Vice Mayor Schauer commented that she, Mayor Capretta, and Cou.ncilmember Dalack had met with Mr. Noble two years ago regarc�ing this issue. Councilmember Genco questioned in the event new development was proposed for an area where there was insufficient capacity whether that would cause a moratorium to go into effect. Mr. Noble explained the system was set up using concurrency service areas, which were approxi.mately 12 x 12 square miles for capacity, and should not stop deve�opirtent, especially since the School District would be a part of the planning process from �he beginning. Coun.cilmember Walker questioned whether concurrency would adckress an existing 20-year- old study/proposal to build a joint elementary school for southern Martin County and northern Palm Beach County. Mr. Noble noted boundaries must be adjusted to balance the system, but the , � VILLAGE COUNCIL ' MEETING MINUTES DeCember 14, 2000 PAGE 4 ----------------------- ways bot�.�daries were adjusted w�s not addressed in this program. Mayor Capretta commented on the question of whether development could be stopped in an area that was building rapidly, such as Jupi�er, because there were no� enough schools, and he assumed the ar�swer was that development could not be stopped. Mr. Noble indicated that the School District anticipated a lot of growth in the area; however, there was a lot of capacity in schools in Northern Palm Beach County; the plan was not in.tended to stop development but for the whole community to plan, and as long as there was cooperation schools would be built where they were needed. Mr. Noble pointed out that Jupit�r had been the first town to sign the agreement for concurrency. Mr. Noble reported School Board Chairman Tom Lynch, a former Delray Beach Mayor, had commented this was the first time the School District had signed a contract stating what they were going to do, and they haca. signed it by a vote of 7-0. Mayor Capretta commented that the Village of Tequesta's last cens�a.s had indicated changing demographics from a retirement community to 50°s more children, 75o more people between the ages of 30-45, and a 10% reduction in people over 65. The Mayor r�eported that the Council chambers had been packed only a few weeks ago with parents concerned over a proposed change in elementary school for their children. The Mayor noted schools were a big issu.e in municipalities and in the country, and the proposed concurrency should help in the planning to provide schools in areas to meet the needs of t�� shifting population. Ma.yor Capretta questioned whether in the extended process of getting the concurrency plan de�eloped it had been watered down,to the point that it would not work well. Vice Mayor Schauer noted the School Board was working hand in hand with the Town of Jupiter in building a new elementary school, which was really the first time that had happened in over ten years. Vice Mayor Schauer thanked Commissioner Marcus and Jody Gleason for . � �ILLAGE COUNCIL MEETING MINUTES T December 14, 2000 PAGE 5 ----------------------- their efforts on this issue of Goncurrency. The Vice Mayor announced that Commissioner Marcus would be giving funding to Jupiter High School for a new high school and publicly thanked Commissioner Marcus for her su�port of Jupiter High School. B) Resolution No. 8-0�/01 - A Re{solution of thc� Villaqe Council of the Village of Tequesta, Paim Beach Countg, Floricba, Approvinq an Interloca.l Agreement With Palm Beach County, the School District of Palm Beach Caunty, and Certain Municipalities of Palm Beach Cour�ty Establishing a Public Schoo]. Concurrenc� Program and Authorizing the Mayor of the Village of Tequesta to Execute the Appropriate Documents on Behalf of the Village. �fillage Attorney Randolph read Resolution No. 8- 00/01. �ice Mayor Schauer made a�otion to adopt Resolution No. 8-00/O1. Council�er Genco seconded the motion, which carried by unanimous 5-0 vote. The motion was therefore passed and adopted. Mr. Noble advised he would brin� three originals of the agreement to be signed, one copy for the Village, one for the Board of Directors of the League of Cities, and one for the County Commission. C) CONSENT AGENDA Mayor Capretta read the following items on the Consent Agenda: A) Apg�oval of Board of Adjustment Meet�.ng Minutes, June 19, 2E10-0 • VILLAGE COUNCIL � MEETING MINUTES � December 14, 2000 PAiGE 6 ----------------------- B) Approval of Special Master Meeting Minutes, October 26, 2000 C) Approval of Village Council Meeting Minutes, November 16, 2000 D) Approval of Village Manager's Report, November 13 - December 8, 2000 E) Resolution No. 9-00/01 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Accepting the Terms and Conditions of the Palm Beach County Emergency Medical Services (EMS) Grant Award; Certifying that Monies from the EMS Grant Award Will be IIsed to Purchase an A.,LS Training Mannequin Which Will �rovide a Means for the EMT'S and Paramedics to Practice and Perfect Their Skills, Will not be IIsed to Supplant Existi.ng Tequesta Fire-Rescue Budget.Allocation and Meets the Goals and Objectives of the EMS County Grant Plan and Authorizing the Village Manager to Execute the Appropriate Documents on Behalf of the Village. F? Consideration of Approval of Name Ghange for Lighth.ouse Key, a Proposed Planned Mixed-Use Development Within the Mixed-IIse District Located on the Northeast Corner of the Intersection of Tequesta Drive and Old Dixie Highway. George G. Gentile, Genti.le, Holloway, O'Mahoney & Associates, as Agent for Applicant. Vice Mayor Schauer made a motion to approve the Consent Agenda. Councilmember Walker seconded the motion, whiah carried by unanim�us 5-0 vote. VI. CONH�►1[JNICATIONS FROM CITIZENS Dana Anderson, 48 Yacht Club Place, addressed Phase I of the seiaering project and the problems with the road paving. Mr. .Anderson reported his driveway had to be redone a couple of times and the actual asphalt in front of his house was about 3" low, which had been verified by the contractor and by Mr. Jensen of the Village. Mr. Anderson e A VILLAGE COUNCIL � MEETING MINUTES December 14, 2000 PAGE 7 ----------------------- commented he had been assured it would b� taken care of, but not in �riting, an.d he waia.ted it Qn public record. Mr. Anderson noted he �aas sure there were also other items that needed to be fixed, in the Country Club and possibly in Bermuda Terrace. Mr. Anderson requested he or Joe Baker be notified what was going to be done. Mr. Anderson volunteered to help with the quality control process. Village Manager Couzzo noted that payment would be withheld until everything was corrected, that Mr. Jensen was cataloging the items, and that Mr. Anderson's problem would be corrected. Mr. Anderson requested the status letter contain information to keep the people informed. Mr. Couzzo reported that the letter had been hand delivered to every home in Phase I that day. Mr. Anderson commented that by keeping the people informed, he was sure the process would work very well. It was the consensus of the Village Council to have the Village Manager provide his update on Phases I and II at this point in the meeting. Village Manager Couzzo explained staff had tried to analyze what had happened in Phase I and where the Village might have provided more communication to the residents. A bi-raeekly newsletter status report had been developed which would be hand delivered and would keep the residents up-to-date on Phase I. The next n.ewsletter would be published the first week in January and would contain a Phase I status update and a developmental Phase II update. Village Manager Couzzo reported the Village had been working with ENCON to try to �oordinate with them on Phase II. Mr. Couzzo commented that ENCON was awarding a contract for the sewering of Phase II at their meeting that night, and work was anticipated to beqin the first week in January. Mr. Couzzo explained that the Village was going out to bid on the drainage and lighting conduit in 1�hase II, and hoped to coordinate that raith ENCON. Joe Baker, 73 Fairview East, expressed his opinion that having one contractor ru.n the sewering job was what was needed, to which the Village Manager responded the Village had made an attempt to do that by proposir�g an interlocal agreement with ENCON; however, leqal counsel had advised that the Village should go out for public bid. Mr. Baker reported he was dissatisfied with the people complaining w VILLAGE COUNCIL ;`' MEETING MINUTES December 14, 2000 PAGE $ -=--------------------- about the �aQ�l� �n Phase I and the cozrrxnunic�.tion between the Village and the people whose yards and roads were torn up. Mr. Bake� �ecommended ha.�i.ng. som.eon.e in .cqntrol of the job to manage it and run it like a business. Village Attorney �a�do�P� eomxaen-ted Yre had_ heen. cansulted._ as to whether or not the Village could use ENCON's contractor, and he had ad�zised. it ti,rras_. be��e� p�bl�c po-lic�r for. �he Village to go to bid. The Village Attorne�rexplained �hat if the Village Yrad--bid- this j..ab at the ..s.ame time. as.. ENCQk�T that would have been fine, but if the Village were to just award a bid to a co,�tractor. wi�haut going to puhlic_ bi.ct,. it would not be known if the Village was really getting the best deal. Mr. Baker responc�ec� this was nat ne�,r. tca the_ Village and this should have been done months ago. Mayor Capretta commented the Village. did txg to work �ith. EI�IC.O�T with a single contractor on Phase T and ENCON refused.: The Village's second ch�i��._ �zas_ to get their. �zo.�k_ don.� first and have ENCON follow, but ENCON refused and wanted to go first. One of t� �r�,h1 �m_�_ �,rith . phas,e_. IL was_ ENCON' s contractor was low bidder by $400,000 and had never done a big job Zike ���.s hefar� and. the_ V' ���_ �ao�uld._ t�ry to get hi.m to bid on their portion and hopefully be the low bidder on the �F����e}e work so that one contractor cou�d do the whole job. Dana Anderson explained a contractor would not want to be second bec��. he wzaul,cL ul.t;ma��� �_ responsible for everything; so the way to get a project accomplished was to h�ge one cantxac�o.� fnr _��Q��th��_ ��ce Mayor Schauer commented the Village had learned from its mistakes regard��g communicatian. �rith. the puhLic.� which was one reason the Village Manager had had the update hand de��ue�ed ancL �i� he hacL been_ asked._ to__ inform Tequesta Country Club �hat the Village would communicate in the �tt��re. T}a.� �Iice. Mayor_. commented the.. �pb had not been easy, and expressed hope that Phase II would go better. Vil�ag� Ma�e,r. Gauz�a_ rep�rted_he and_.th_e., Vi.11age Attorney would discuss this matter further to see if ENCON would work with th�e. ZI 1 1 acr� an.d. ta.. r� ar; f� y,�j,th the Attorney that the interlocal agreement which had been proposed would have �,'J�.L�FI Ted1'r.�].. ariQ. �pQQrnmc�nt_ c?nti �� ��O would have the contract with a sole contractor and the Village would have utilized. their. en�in�es.s to. ins.pe�t. l�fl�h, portions of the project, thereby having a unified contract and unified inspectinn.,. �zith. the. inspectors , re.sga�nsih�e to the Village ra�her tha.n E1�ICpN. The Village Manager commente.d it had , VILLAGE COUNCIL MEETING MINUTES December 14, 2000 PAGE 9 ----------------------- bee� �erg g��eio�as of P�. Den� to delegate that authority to the Village. Village Attorney Randolph commented that pQSSibility was still under consideration and he wanted it known that Mr. Couzzo was trying to move the project along uncl.er �11e lines being di.scussed as sm.aatYil and as quickly as possible. The Village Attorney explained that the purpose of pub2ie k��dck�ng was to make sure the best deal was obtained for the public. Vice Mayor Schauer commented t�iat Mr . De�.t' s willingness to. �zark �zith, the Village was a step in the right direction. Mr. Baker encouraged the Vi�lage Council to hold a�pecial sessiar} if necessary to resolve this issue. Mr. Couzzo explained that the Village Atto�ney had not been cor�,tacted in_ time to work this out and Mr. Dent had indicated ENCON could coordinate its scYrec�t�l€ ot����de the Village for th� first few months of the contract in order to allow this to be worked out. Mayor Capretta commeza,ted on the di£f�,c.u.Lt,.i of having more than one contractor and that the work that was done on his stree� had bee�..under one contractnr.and had gone well. Arnold Blum, 410 Tequesta Drive, cautioned that during many years in the_ c busines.s_. he had seen many contractors come in under bid and not be able to complete the job, and bringing ,i� anothe.r cQntrar�tor to complete could be very costly. Mr. Blum noted that a severely low b�d shot�ld �.�nd ug s.ome. flag.s__. Ma�r�� Capretta commented the contractor also had had little experience, but ENCON had checked them out thozaughl� and.. t„zer� satisfied they could and would do the job. Mr. Blum commented the only job Yre had se..e.�. cax��. i..n.. a.hp..acL_ a£, ti ma_ �_ �nder bid was the flyover on Dixie Highway near Rivera Beach, which was amazi�.g �o. 'M; m-. s.ix�e� it ����Q j ob . Village Manager Couzzo commented the bid received was $400,000 under tl�e secnncL bid, and_ the �Iillage a�reement was not with the contractor but was with ENCON. Mr. Blum commented it seemed that tb.e. Villa.ge saa.s crossir�g it' s i' s and crossing it's T's and that was something�that was really �e���• u; �— �--��- Manac�er_ GQLL?�a i.ndicated Phase I was scheduled for completion the latter part of March and it was yet to be dete�1 nPrt when pha �� ��AUld start. Mr. Couzzo explained that Phase II for ENCON would begin in Januar.�r hut_ the. Cauntr.�r �1.u]�. pnrti nn �,r,Q�.ld hopefully be postponed until it could be coordinated with the work of the.. �i:.�.��c�. in that ar�a.--gossib].�r ta_ bagi n in. Februar.y,, e w VILLA.GE COUNCIL MEETING MINUTES December 14, 2000 PAGE 10 ----------------------- although. the co�tracto� would �il�e that work to start in January. Mayor Capretta commented Tom Jensen had been manag���g ��is j�ob and the Village must assure he was doing the job correctly, with imp�oved communication and accuracy. �im Humt�aae, 426 Cypress Drive, explained that he had put a letter in the newspaper, but wanted to convey the info�tio�r personally to the Village Cour�cil. Mr. Humpage reported the Political Action Commi.ttee had met on December 6 to decide w�ether to- proceed with the referendum, and had decided not to proceed for the sake of the Village and perhaps to put some of tb.e animosity aside. Mr. Humpage requested formation of a coalition to try to unite the V�llag_e, with members of the PAC committee to sit with the Village Council to resolve concerns of the residents, and to wor}� together. Mr. Humpage expres.sed a desire for everyone to work together in the future. Mayor Capretta responded �hat Mr. Humpage's request would be con.sidered and he would be notified. VII. $QARD ,AppOINTMENT A) Consideration of Either the Reappointment of Kevin Kinnebrew to a Three-Year Term as a Regular Member of the Bo��d of Adjustment or Appointment of a New Regular Member, With Said Term Expiring December 31, 2003. ZFillac}e Cler}� Manganiello advised that this position had been advertized in Smoke Signals, and a couple of appl�ea�ions had been picked up but no one had submitted a completed application, therefore, Mr. E�innehre.� �ras th� only applicant . Vice Mayor Schauer made a nx>tion to reappoint Kevi.n I�i.nnebrew to a thr-ee-ye�r tertn as a�egular member af the Board of Adjustm�ent, with said term expiri,ng Decemher 31, 2003. Councilmember Genco seconded the motion, which carried by unanimous 5-0 �rate. • VILLAGE COUNCIL MEETING MINUTES December 14, 2000 PAGE 11 ----------------------- vzzz . rrEw Bvsirt�ss A) VILLAGE COUNCIL PROCEDURES 4. Discussion of Fa�ic� Regarding the Addition of Agenda Items by the Village Council. M��ror Capret�a reported this item had been discussed previously bza.t no decision had been made. �Tiltage Ps�torney R��dalpYr co�ented staff needed clarification of how the Village Council wished �a 12andle adding agenda item�. Tlze Village Attorney gave examples of how this was handled in other municipalities. �n one case, at the beginni.ng of the meeting when the agenda was b�ing set they would add items to the agenda to discuss whether they wanted to add them to the n.ext agenda, would not discuss those items that evening because they did not have the backup that evening, and would takc a vote as to whether or not the full Council wanted ta have that item on the ne�� agenda, and a majority vote prevailed. In other places, a Councilmember would say he or she would like to see an item placed on the agenda for the next meeting and t�ie item was then placed on the next agenda. Village Attorney commented at the previous discussion �he Village Council had been clear that they did not want to add items to the agenda fo-r ��e meeting that night unless it was a dire emergency, because backup would not be available. Councilmember Genco commented there were two ways to add items, either by an individual or by eQnser�s�.s �pproua-1 b�r the Coun�il, and asked if there were other ways. Mayor Capretta asked whe�he� it made a difference that some items were only discussion items and some were items fo� eansider�t�Qn that required a lot of backup. Councilmember Genco responded that the decision had a�.ready been made �hat any time any .. . VILLAGE COUNCIL MEETING MINUTES December 14, 2000 p� iz ----------------------- Councilme�aber ����ed to add a��rthing, unless it was a dire emergency, that it would have to be pragosed as new b�siness for the next meeting, and the question on the floor now was whether to allow an individual to add an item or whether to have consensus, meaning a vote would be taken, or i� �here was an alte�na�ive, sueh as one person making a motion and it being seconded and that being sufficient. The �Tillage Attorney advised that with a motion and a second a vote must be taken with t�i.e ma�Qrity prevailing. The Village Attorney discussed pros and cons of each method-�hat if individuals wer� allowed to add items five people could really load up an agenda if t�e�r all had items �o propose, and some of those items might be things that all members of the- Cot�n.cil were not interested in pursuing at a particular meeting. Councilmember Dalack askec� whether there was an item in the Village Charter regarding this. Councilmember Genco commented unde� ���tFs Rules of Order that any member could propose an item for new business; and ��der the �Tillage Ck�a�ter any two members bf the Village Council coul.d call a special meeting on any suxrj-ect they chose, which was why she had suggested only two people be required in order to a.dc� ax�. agenc�a item, stating that otherwise there would always be a majority rule and the maj ority would decide what they wanted all the time and if there was a split Council that could be- ixn�air to having some�hing heard in the public. Councilmember Genco recomm.ended that so long as tpxe-�e were two people who wanted an item added to the agenda that it be done, since there was the possibility tl�.ase �v�zQ people could end up calling a special meeting. Councilmember �e��a cc��nted �hat since she had been elected there had been many times the Council had been sglit 3-2 �rhich meant the two Councilmembers representing 660 people would have no say to indi�ate what those people wanted. Village Attorney Randolph advised it would probably be an unusual circum�tance for the Council to do this since usually the Village Manager would set � . VILLAGE COUNCIL MEETING MINUTES December 14, 2000 PAGE 13 ----------------------- the age�a as �o al� ��.e ��.ings he saw that needed to be done when he was conferring with �he Mayor. ghe Vi.11age Attorney indicated it would be an unusual situation where the Council would want �o add an zte�n as ogposed to it being added by the Manager. Mayor Capretta asked what was to prevent any Co�a.n.cil�ember asking the Manager to put something on the agenda, which �F���ac}e A.t�orney Randolph clarified there was nothing to prevent that except it could present a rea� prol�lem for the ma.nag�r if he had �o answer to five people between meetings as to wY��� they wouTd like to see on �he agenda. Vice Mayor Schauer commented there might be items �h�t could be worked out between the Manager and staff without having full consensus of the Council. Village Attorney Randolph suggested a third alternative: If one individual wanted sometYr��} o� the agenda for �he next meeting they could bring it up and i.t would be put on the next agenda unless three people voted against it. Councilmember Genco stated that was exact�y what she was- saying. Councilmember Genco indicated if there were two members who �elt something should b� c�iscussed then she thought the rest should listen to them no matter which two Councilmembe�s- wanted the discussion. Vice Mayor Schauer commented the Counc�l had never had th�.s problem before, that the Council would bring up a matter and ask the Manager to ade� it and provi.de the backup. Vice Mayor Schauer commented that her main concern was that she never wanted to have to vote without backup. Village Attorney Randolph commented that had a�ready been decided and t}�e qu�stion was how �o put it on the agenda. The Village Attorney commented one way to do it wou�.d be for a member of the Council to say to the Village Manager at the end o� �l�E meeting, "Mr, �ouzzo could you please put on the agenda for the next meeting tl�e r�ett�. rega�ding �he CQta.ntry Club roads", and it would be put on unless he heard from the a���� Eou�E�Zmembe�s that they did not want it added. CQUncilmember Dalack �om�ented that x �li �TiLLAGE COUNCIL 1�ETING MINUTES December 14, 2000 PAGE 14 ----------------------- sounded like a very good idea, but another thought was that if four people did not want it put on it would not succeed, and that would be enough to keep it off since that would accomplish the purpose of making it clear to everybody they did not want it. If four did not want it put on the next agenda that would avoid a fruitless discussion at the next meeting. Village Attorney Randolph advised against setting different standards for majority vote, since for everything else it was three for a majority. Councilmember Genco favored a minority of two people being ,able to add an item. Vice I�layor Schauer commented she felt it should be majority. Village Attorney Randolph commented if it was approached the way he suggested and one person asked for it he believed the Councilmembers all had enough respect for each other that they would put it on unless three out of the five saw some radical reason why it should not go on. Mayor Capretta made the following proposal: If any Councilmember wanted to put an item on the agenda for the next meeting they make that sugc�estion and if there was silence an the subject a.t would go on, and the Village Manager would carry out that instruction; however, if another Gouncilmember did not want it added to the agenda and asked for a vote on it and if three people voted aqainst it then it would not go on. CounGilmember Genco stated that way the majority would never be allowed. Village Attorney Randolph clarifi.ed the discussion had started with l�aving a majority to get an item on, and now what the Mayor was saying was one person could put an item on unless three voted against it. Councilmember GQnco stated she liked that. Mayor Capretta commented that would rarely happen but if it was something so obnoxious to three they would not want it discussed they could stop it, but normally there would be no discussion-each Councilmember would have a right to request additio� of an item and unless somebody felt very strongly abou�t it and M VILLAGE COUNCIL MEETING MINUTES December 14, 2000 PAGE 15 ----------------------- �hey cou�d ge-rst��d� a second �x�d a third person against it, then it would go on. Mayor Capretta nQted he had. b.eeri Mayor s-everal different ti.mes and to the best of his recollection he had never removed a� ite� from the agenda, except when a meeting was scheduled to go to midnight and he said ��ere wa.sn't time and the ones that did not have to be discussed to delay to the next meeting. �ouncil�ember Genca asl�ed the Village Attorney to restate the proposal, to be added to page A(2) o� the procedures. �Tillage Attorney Randolph commented that under the Summary of Procedures, anyone who wa�ted t,o put an item on the agenda for an upcoming meeting could ask for it at the meeting and unless th�re was a vote to the contrary it would go on. �im T�t�npage, 426 Cypress Drive, commented that one of the things desired was more participation �rom resic�en�s and suggested placing the agenda in the Courier so that people could see if there were items in wh.ie� they were �nterested. Vice Mayor Schauer commented sh.e had sent over 30 invitations for to��g��'s Meet �nd Greet session and only two of those she invited came. The �7ice I�a�ror co�n�nted that a lo� of people would come when something affected them individually. SFice Mayor Schauer noted tha� the budget was very constrainecl now but putting the agenda in the Courier was something that could be considered in next year's budget, and commented t�a,� geo-ple �rould soon be ab�.e to access the agenda through the web site. Councilmember Ge�co noted th�� the web site might be operational in January or February. 2. �o�sideration ckf Ratification of the List of Procedures Relative to Village Council Meetings anct Agenda and Other General Items (per the Suama,ry of Procedural Comt�ents Discussed at the November 3, 2000, Village Council Workshop Meeting). r r VILLAGE COUNCIL MEETING MINUTES December 14, 2000 PAGE 16 ----------------------- ��llage C�erl� Ma-nga�iello ca�ented under A( 2) in the Summary of Procedures that if the Village Council was ix� co�.sens�.s on it�m 1 that perhaps they could add it to item 4 regarding voting. Discussion ensued rega�ding where this item should be placed. Councilmember Walker suggested it coulc� be cross re�e�ex�eed ��.der Agenda Item Any Other Matters. Councilmember Genco stated she wished t4 see- it rrr writ�r.�g, and suggested that if at any time the Village Council was at a loss �o�z to han��� anything in a Village Council meeting that they go to Robert's Rules of Orcte�, to w�.ic� Village Attorney Randolph responded the Village Council did operate under Robe�t's Rules of Order. Vice Mayor Schauer questioned for what special circumst��c� might a b��.�.nd ballat be used, and noted the only time she had used a blind ballot hatl been �r� �oting �o hire Village Manager Couzzo. Village Attorney Randolph responded tYra� a spe-e�al circumstance might be if five people had applied for a commission and it could be e�b�rrass�ng to talk about it; however, he did not think it was necessary to have blind bal.�o� voting in the procedures. The Village Attorney noted that i.tem had been discussed and h� had indicated. any such vote would occur very rarely and that the blind ballots must be signed and made a par� of tY�e record� so they really would not be secret. Councilmember Dalack commentec� ��.a� special circums�ances for blind ballot voting would be determined at the meeting. FFil�ag� Attorney Ra�d,olph stated that bli.nd ballot voting di.d not need to be in the procedrx�es, and ��.e procedures were for normal meetings. Councilmember Genco commented she had b-�o�g�t th�s is�u� up so that if a Councilmember felt there iaas prejudice they could request a bl��� ballot, but the fTill�ge Attorney had pointed out you could not hide who you voted fo-r, eourici:lx�.ember Walke� expressed her opinion that s� �on� as the possibility existed far a , .` VILLAGE COUNCIL MEETING MINUTES � Decetnber 14, 2000 PAGE 17 ----------------------- blind vote it shouY� be in the procedures. Village Manager Couzzo reminded the Council that they were es�ablishing procedu�es that would go forward to other Village Councils, and if a blind ballofi was ta}�en witYtout the attorney present it could be a problem. Vice Mayor �chauer expressed her opinio�. that a blind ballot was a cop out. Village Attorney Randolph commentet� she eould state at a meeting where a blind baliot was proposed that she thought it was a cop ou� and she dict not �ant to vote that way, and he concurred with Councilmember D�la�k�� suggestian to conside� blind balloting on a case by case basis, and explained �his was �ust sayi�rg if a blind ballot was done it must be signed. Councilmember Dalack noted there was real��r no suctr thirig as a blinc� ballot since it was not anonymous. It was noted the name "blind }�a��o�" sYtould be cYr��ged. Af�er discussion it was decided to use the term "voting by ballot" instead of "blind balTot". Mayor Capretta recalled that some former Councilmembers did not want to face the public when vating and had had a real problem voting in public, but there was no way �o hide hczw � person. voted. The next item discussed was abstaining from vo�ing. �ince item 4 was tY�e i�tem in regard to placing agenda items, an item 5 was proposed by t�e VilZ�ge A�torney: No pe�son may abstain. from voting unless they declare a conflict of interest pursuan� to State statutes. The Vice Mayor suggested that Village Attorney Randolph place item 4 where he consid�red appropriate. Councilmember Genco commented that Robert's Ru�es prac� bee� added. Coun�ilmember Walker asked to add that these procedural changes be reviewed ann.ually by the Village Council, following the election. Vice Mayor Schauer cox�terttee� z� sho�zld be stated the review would be done at a workshop meeting to educate the new V��lae}� �a�zneil. Cou�.eilme�ber Walker noted that these procedures would be subj ect to change as �F�l�age �ouncils ehar�ged. Discussion ensued 1 . VILLAGE COUNCII, MEETING MINUTES December 14, 2000 PAGE 18 ----------------------- regarding waiti�g �o� hau� ��e procedures at a workshop meeting rather than at the o�ganiz.at�nnal meeting, and it was noted there needed to be a warm up period. Mayor Capretta commented he had always thQUght there should be a Councilmember's Handbaok to provide orientation. Councilm�mb�� Dalack ques�ioned why a Councilmember could not abstain frorn voting, to wn�ch the r��ponse was th�t it was a statutory prohibition. Village Attorney Randolph advised if th�re was not a roll call vote and a Couneilmember was silent, that would be considered an "aye" vote. Vice Mayor Schauer noted when the St. Jude renovations were on the agenda she had abstained. Village Attorney Randolph advised in regard to Consen� .t�ge�da tk�e-re co�ld be only a motion to adopt without reading the items, but if there was a 12esalutio� it would hav� to be read by title. It was decided to add that to the procedures. ��Ilaqe �ttarney Randolph commented that under Agenda Item Any Other Matters, when someone wan�e� �a discuss something at the end of the agenda they should announce the subject matter, �hi.ch had not been done tonignt, and that should be added to the procedures. �Fillage Attorney Randolph suggested number 2 might be confusing when talking now about if a �ouncilmember requests that a matter be reconsidered a vote shall be taken under .Any (?ther M��ters on wnether to place that item on the next agenda. The Village Attorney advised tl�at ti,xas n.ot r�e�ded �o�r in Iight of what the Council had just done, and what had just been done shou�� be p����d there and reconsideration should not be mentioned. Reconsideration could anly be dane at the same mee�ing an item had been consic�ered. Village Attorn.e�r Randolph . � � s, �� � VILLAGE COUNCIL MEETING MINUTES December i4, 2000 PAGE 19 ----------------------- ad�rised �Fi��age C�e�k Ma�ganiello to strike item 2 and substitute what the Council had requested under item 4 for voting. Councilmember Dalack called attention to General �tems o�x page 3, c�h�e� s�ated "staff inembers shall sit" which implied that staff inembers must be present, and sugges�ed a Ghange to "staff members present shall sit". The Village .�.ttorney suggested tlzis be stxicken, since it was just a suggestion from Mr. Couzzo to get rid of th� tables. TYi� policy was that staff did not have to attend unless directed by the �F�l�age Manager, and a repre�entative of the Police Department would always be present. Cckunci��bex Genco made a m�tion to adopt the Sunmary of Pracedural Coim►ents with the agreed ugon amend�eats.. Eaun�l�n�her Walker seconded the motion, which carried by unanim�us 5-0 vote. B) Revie� and Discussion of Draft Report of the Proposed U.S. Highway One/Old Dixie Highway Corridor Analysis and Cor�ceptual Overlay ZQning District. Viilage Manager Couzzo reported staff had been working with Duncan & Associates to prepare the draft agreement for review, and comments from the Village �o�cil expressed tonight would be incorporated into the final agreement, which would be completed within ��.e-month. N1�. Couzzo exp�ained that the purpose of the agreem.ent was to join three jurisdicti.onal entities, Tequesta, �'upiter, ar3.d Palm Beach County, to provide a harmonious corridor on II.S. One wi�h respect to development, lanctscaping, roadway signage, etc., so that there would not be a different set of �egu�a�ions ir1. each jtx��sdiction. There were no comments from the Village Councilmembers. Vice �la�or. �Eha�er �nade a motion to adopt the Draft Report of the Proposed U.S. Highway One/Old Dixie H�.qhw�ay Corridor Analysis and Conceptual Overlay Zoning District. Councilmember Genca seconded the a � �; � w r � VILLAGE COUNCIL � MEETING MINUTES December 14, 2000 PAG� 20 ----------------------- �nat�o�, which carr�ed b� �nanimous 5-0 vote. C) Ordinance - First Reading - An Ordinance of the Vil�age Co�ncil of �tl-ie Vi�lage of Tequesta, Palm Beach County, Florida, Amending Exhibit �An of Section 2--3Q of the Cod,e of Ordinances , Village of Tequesta, Florida, Relatinq to the Enq�loyees' Pension T��s� �u�d� b�,r Arne�d.��g Definitions, Providinq that the Boards of Trustees should Adopt Statements of Invest�ent Policy; Correcting Scrivener's Errors; Providing for Early Retirement Guaranteed Payments; Clarif�ing Disability Retirement as Requa.red by State Laws; Providing for Eligible Roll�over Distributions; Praviding� for Severability; Providing for Repeal of Ordinances in Conflict; Providing for Codification; and Prov3dinq an Effective Date. Village Attor�ey Randolph read the above Ordinance on F�rst Readin_g by title only. Village Manager Couzzo explained that the Village's a�torney fa� the Pension Boards and the Village auditor for the Pension Baards, Mr. Palmquist, was recommending this C}rdinance �aking changes to the Code to comply with changes in the State statutes. �Fi�lage �ttorne� Randolph clarified in response to a question from Councilmember Dalack that he believed the Ianguage regard��g re�i�w by the Circuit Court was according to statut�. Councilmember Dalack proposed amendment of the language to be according to general law. The Village Attorney indicated he woul.d prefer to match the �anguage in the �tatute and would review the language before Second Reading so that a clr�nge coulc� be made �f appropriate . vice Mayor Schauer made a motion to approve the above Qrdinance an Eirst Reading by title only. Councilmember Walker seconded the m�tion, which Earried by ��animous 5-0 vote. Councilmember Dalack announced that his comments r�gasding revie�ra had been regarding the II.S. One �Qrridor item. and not the Pension Board item, and e � � � .� � VILLAGE COUNCIL � MEETING MINUTES December 14, 2000 PAGE 21 ----------------------- � askect the same ques�ion in regard to the II.S. One Corridor item. Village Attorney Randolph indicated his response was the same. D. Consideration of Donation from Village of Tequesta to Florid� Histor� eenter & Mt�se�n i� the Amount of $Z,000.00. l�x _ Geoxg.e B1�11k Executive Director of the Flarida History Center & Museum, explained that the museum's mission was to de��.lop, irrterpret, and preserve t�e history of the community. Mr. Blank noted a lot of people came l�ere who knew na�hing about the history of Florida, presented highlights of the fascinating rristory of this area, expressed a desire to involve the local community, and touched on the altruistic and cox�xn.ercial aspects of the mlxseum. The nominal fees to become a museum member were discussed. Co��.�ilm�ber Walker requested if the Village Cour�.cil approved the donation request that it become a line item. in the b�a,dget an.d be reviewed annually. Vice Mayor Schauer agreed it would be good to support the mus eum and to mal�e- it a�ine iten� in the budget . Village Manager Couzzo questioned whether there would be an�r �e4s.trictiQns. for the Village to use the museum for certain programs. Mr. B1ank responded that tl�e museum would be- happy to haQe ch�ldren or adults visit, could arrange a special tour if desired, and e�la�nP.d that part of the Village's donation would be used in the path of history to the Jupiter Ligl���o�s�. I�r. �lank noted that muxzicipalities weze required to keep the artifacts of those x�.unicigaliti�s, and the museum could act as a consultant to help preserve those artifacts. Co�cilmember Genco asked that a notice be placed in Smoke Signals announcing that the museum was in need o€ €�nishings. or clothing for the Tindall house, circa 1892, that could have been in this area at that time. uic�- Maycs� Scl�t�uer mad� a motio� �o donate $1,000 to Florida History Center & Museum and to include a $f , 40a donation €or the mouse� as a line item in next year's budqet. Councilmember Walker seconded the ► � { � �. ,� � VILLAGE COUNCIL r, MEETING MINUTES December 14, 2000 PAGE 22 ----------------------- motion, which carried by unanim�aus 5-0 vote. Councilmember Genco inquired whether Liqhthouse Gallery had received the $10,000 donation designated as a budget line item for them. Village Clerk Manganiello clarified that there wa� a budget item called Aid to Comunity Organizations, into which a lump sum of $11,000 had been placed for this budget year. $1�000 was dedicated to Praject Graduation annually and the other $10,000 had been apprapriated but not earmarked, so it was up to the discretion of the Village Council each year to decide how that money was spent. It was noted that the $1,4�0 donation to the museum would come f�om the $10,000, and the Village Council had not voted yet this year on a donation for the Lighthouse Gallery, Vice Mayor Schauer commented that both she and Mr. Preston, and she and Village Manager Couzzo at two different tim.es had met with the Gallery representatives to request the Gallery decorate the Village Hall Christmas tree, which was the first time the Village had ever asked the Gallery to do anything. Vic+� Mayor Schauer reported Mr. Preston and Mr. Couzzo had called the Gallery because they were not �.appy with the lighting that was done, and there had been no support back from the Gallery. The Vice Mayor reported Village staff had then decorated the tree, and she would contact the Gallery regarding this matter. Discus�ion ensued. Gouncilmeinber Genco asked if there had been a lack of communica�ion or lack of • cooperation� to which the Vice Mayor responded there had been a lack of cooperation, and she would Iet the gallery know before the January Village Council meeting that sYie was not pleased wit�. the situation. Mayor Capretta commented he did not think the Gallery's efforts had been a$10,q00 job and the Village had a way to reward the Gallery for their services. Mayor Capretta commented Y�e had thought it would be nice for the Gallery to do an artistic project for the Village of decorating the tree and possibly other things, and although the Village had been giving them money for many .yeazs this was the first time the Village l�.ad asked them to do anything. Vice Mayor Schauer commented she and Mr. Preston and r / � �„ r VILLAGE COUNCIL MEETING MINUTES � December 14, 2040 PAGE 23 ----------------------- Mr. Couzzo would meet with the Gallery. IX. ANY OTHER MATTERS Councilmember Walker reported on the November Palm Beach County I,eague of Cities meeting where a round table discussion with the new House Representative Joe Negron was held regardinq qrowth management, windstorm insurance, and the current County annexation policy. Councilmember Walker reported a list of leqislative recommendations for which the League planned to lobby: growth manage�nent, Everglades restoration funding, annexation policy m.unicipal revenue, windstorm insurance rates, municipal representation of special taxing districts, tax equity, septic tanks, State- wide building codes, electric and utility franchise fee agreements, and working together. Councilmember Walker reported staff had been very active in finding locations for neighborhood parks and requested periodic updates from staff on this matter. Mayor Capretta suggested writinq letters to the owners to try to get the land donated to the Vill.age, which would b� a tax writeoff. Mayor Capretta noted Mr. Buckwalter, Editor of Jupiter Courier, was present in the audience and that the reporter, Jim Turner, was being promoted and sent to Stuart. The new reporter, Lora Ide, was also present. X. ADJOURI�Il�NT Vice Mayor Schauer moved that the m�etinq be adjourned. Councilmember Walker secanded the motion, which carried by unanirnous 5-� vote. The m�tian was therefore passed and adopted and the meeting was adjourned at 9:02 p.m. Respectfully submitted, `� `GG� ���� Betty Zaur Recording Secretary • _ a . �' ; � VILLAGE COUNCIL � MEETING MINUTES ` December 14, 2000 PAGE 24 ----------------------- ATTEST: Joann Manganiello Village Clerk DATE APPROVED: