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Home My WebLink AboutDocumentation_Regular_Tab 04E_11/16/2000 � � � F rf .x � �; VILLAGE OF TEQUESTA � DEPARTMENT OF C011�VIUNTI'Y DEVEI,OPMENT `�' a � Post Office Box 3273 • 357 Tequesta Drive `a `'� o � Tequesta, Florida 33469-0273 •(561) 575�220 y " Fax: <561) 575-6239 h Co �L��E QF TEQUESTA VIi.��GE COUN�IL MEET�NG S -Q�T4BER 12, 2000 I. CALL TO ORDER AZID ROLL CALL The Tequesta Village Council held a meeting at the Village Hall, 357 Tequesta Drive, Tequesta, Florida, on Thursday, October 12, 2040. The meeting was called to order at 7:02 P.M. by Mayor Joseph N. Capretta. A roll call was taken by Betty Laur, Recording Secretary. Councilmembers present were: Mayor Joseph N. Capretta, Vice Mayor Elizabeth A. Schauer, Councilmember Geraldine Genco, and Councilmember Sharon Walker, A1sa in attendance were: Village Manager Michael R. Couzzo, Attorney_ Leslie Hoqan sitting in for ViZlage Attorney John C. Randolph, Village Clerk Joann Manganiello, and Department Heads. Councilmember Basil E. Dalack arrived at 7:18 p.m. II. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Walker gave the Invocation �nd led those in attendance in the Pledge of A1legiance to the American Flag. III. APPROVAL OF AGENDA Councilmember Genco requested two topics under Any Other Matters. Councilmember Walker requested the following additions under Any Other Matters: (1) Nomination of Village Attorney Randolph, and (2) Status report from Planner Kara Irwin regarding the parking lot at Gallery Square North. Recycled Paper r ! +w vzz,�E coc,rNCiL MEETING MZNUTES 4Ctaber 12, 2000 PAC�E 2 ------___..------------- Vice Mayor Schauer ina.de a mation to approve the Agenda as am�ended. Council.member C�ienco s�conded the motion. The vate cn the.mQtion was: Joseph N. Capretta - for Elizabeth A. Schauer - for C3eraldine Genco - for �haron Wa�ker - for The motion was therefore passed and adopted and the Agenda was apgraved as an�nded. TV. COI��ltlNICATI4NS FROM CTTIZENS I�arold Tavlor, 13 Chapel Court, noted that at the last meeting the Village Council had approved a contract for demolition of half of the old Fublix buil.�ding at Tequesta Plaza by Tha�nas S. Cushing Demolition of West Palm Beach, -� Florida, ir�. the amount of $87, 750, and �hat the overall esti.mate presented in August for demolitian had been � $1Q0, 040, sahich left approxixnatelg $13, OQQ for demolition o� the second ha].f of the building. Mr. Taylor indicated tha�C by his calculations tMis exceeded the original estimate by 32�, and expressed concern that all other costs Itil. also exceed the origi�al es�im�tes. Mr. Taylor requested that �he Village �ouncil revisit the original estimates to see if tl�ose numbers were still valid anci if not, to revi.se them, and aYso requested a report �o the public at the November Village Coun�il meeting, Mr. Taylor stated he wauld Iike th.e repoxt to consist of two columns of numbers, one for the August estimat�s �nd the other for the revised November numbers, with a reconciliation. John Giba noted that a lot of t.a.me had been spent at the last meeting_ reviewing every item on the budget, and expressed his opinion tnat the resic�ents coul.d read the entire resolution and only an overviera needed to be given at the meeting �o save time. Jim HumbaQe read �,nto the record the following request from Action Comrni�tee of Tequesta: . � � VILT�AGE COUNCTL MEETING MINUTES Octobea 12, 2000 FA+GE 3 ----------------------- Prior to Sept�er 6th, 2a0Q, 660 voters signed a petit.z.on for a referendum vote on the future Zocation of Village Ha11. 4n Septemb�r 6th, ZOf?0, Tequesta's Council vo�ed 3-2 not to forward the referendzrnz to �he Supervisor of Elections, d�e to the text of that referendum. Mayor Capretta and V'ice .Mayor Schauer bath stated .however, if the Ianguage were different they wou2d support placing the decision on the ba3lot. The prima.�y problem was, according to the Mayor anai Viee Nl�yor, the language woul.d Zimit the Vi.IZage's offices to the 357 Tequesta Drive property. The Mayor and �Tice Mayor wanted the abiZity to lzave future satellite offices a� other Iocations within the Vi.Ilage in the e�rrent of expansion need. A. C. T. requests the Village Council or its' re,presentative meet w.ith me.ml�iers of A. C. T. and redraf� the original referendum. We believe the people should b� heard on this .issue but ur�cierstand the request of Council. We wi�Z request the issue be placed on the March 2001 ballot or at an earlier special e�e�tion if GouneiZ prefers. We feel tirne is of the essence and are ready to do our part i rrtm ediately. Counci..Z shauld understand A. C. T. is prepared ancai wishes to work with CounciZ so we aI1 may put this issue in a text form ac�eptable and understandable �o all. We are in favor of ner� facil�ties, it is the imiuedfate Zocatior� we wish to resolve b�* a vo�e of our citizens. Mr. Humpage expressed his opinion that the Village Council was afraid of the outcome af a vote on this issue, noted that the average Village Councilmember was elected by only approxi.matel�r 4a0+ votes, ar�d commentec� many people had contacted the Commi.ttee asking why the referendum had been rejectec�. Mr. Fiumgage indicated �hat the Committee intended to petition tlze communit�r again via a newsletter to be sent to al� voters in the VilZage which would require only a"yes" or "no" res�onse and would encourage esrexy citizen to vote. Mr. I�umpage asked the Village Coun.cil to work with the Committee. - Cv�ese Colbert, Property Mar�ager of �allery Square North, referxed to Councilmember Walker's request for an update regarding the parking lot, an� explained that improvements had been delayed until. the lawsuit �rith the Village had been settled. Ms. Colbert advi.sed t�at tk�e f.inal document had not been filed by the Vi.�lage until September, and now v�zz�E covrTCZz MEETING MIZItJTES October 12, 2000 PAGE 4 that the lawsuit was finisYred, the three owners-Mrs. Manning, M�s. Campbell, and Lighthouse Gallery-could groceed with repaixs . Ms . Colbert report�d that the three owners would share equal.ly in th� cost of the repairs, and that last week a bau�tdary survey nad bee� done. Planner I�ara Irwin indicated that was the same information she had plan.�ed to report at this meeting, a�d that she had also heard the job had been bid. Ms. Colbert i.ndicated she had cailed the Departmerit of Cax�nuriity Development with that informa�iQn..and asked. if it had be.en communicated ta Councilmember Frdalker. Ms. Trwin indic�}ted that was to have been done d.uxing her report at this meeting. Peqqy_Ve�hoeven, Point Drige, comm�ntec� regarding a letter dated September 10 written by Councilmember Walker to Robert Hoya of tlze Chamber of Commerce, which she had discussed at the last meeting. Ms. - Verhoeven asked whetl�.er Ma�or Capretta had sanctioMed t�is letter after he had issued a directive not to wri�e that type of letter. Couneilmemb�r Dalack arriv�c� at thi.s goint in the meeting at 7:18 p.m. Cour�eilme�er Walker �esponded to Ms .'SFerhoeven that her letter clearly indicated that it was in response to a telephons �onv�ersa�ion with Mr. Hoya. Councilmemb�r YTalker explained that her letter had nothing ta do with anything the �l�yor had s�id. Ms. Verhoeven asked the Mayor if he had sanctioned Councilmember letter, to �.ich Mayor Capret�a respanded, no. VI. CONSENT AGENDA All �tems listec� r��t1� a� asterisk (*} a,re considered to be routine and will be enacted by one motion. There will be ne separ�t� discttssion of these items unless a Village Ceuncilmember so requests, in which event, the item will be- remo� fro� the Co�sent Aqenda qf Business and aons3dered i.n its normal sequence on the Agenda. A?ayc�r CaFretta read alotzd the t'o.Ilor�irrg Consent Agenda items: • '� . vzL� covNCZ� MEETING MINUTES OCtOber 12, 2Q00 PAC�E 5 ----------------------- VI' . PRESEN�'ATIO.ATS AND PROCZANIAR'IONS *A) ProcZamatian I�eclaring the Wee3� of Octaber 22-2&, 20D0, Florida City Goverru�eent Week. VII. APPRQVAL OF MINf3TES AND REPORTS *A) Commur�ity Appearance Board Workshop Meeting; August 9, 2004; *B) Corn�ntunity Appearance Board Meet.ing, August 9, aaoo; *C) SpeciaZ Master Xearing, August 24, 2000; *D) V.illaqe Council Meeting, September 28, 2000; *�') ViZlage Manager Report, September 11 - october 6, 2000 X. NEW 8�7'SINESS *E) Consideration of Request from Ric-M�n Interna�ional, Inc., Contractor foz� the Tequesta Country Club/Bermuda Terrace Water 1Kain Replacement and Drainage �5ystem Im,�rovements, Phase I, to Work on Veterans' Day, dbserved b�r the ViZlage of Tequesta as a Ho.tida,y on Friday, Nc�vember 10, 2000. l�otion was made by Vice Mayvr Schauer ta approve the Consent Aqenda as read. The motion was second�d by Counc�,lrn�er Genco, The v+ote on th� motion was: Joseph N. Cap�ett.� - for Elizabeth A. Schauer - for C3eraldine C3enco - for Basil Dalack - �or Sha.ron Walker - for The m�tion was therefore passed and adopted. �, � �« . VILLA�#E �OUNCrL ML�ETING MINUTES October 12, 2000 PAGE 6 ----------------------- VIII. DEVELOPMENT MATTERS Ay Si.te Plan Modificatian Review For an Application From ComEaxnity Savinqs Bank for Two Dra.ve-Thrauqh Teller �es and a Drive Through ATM Lane as Permitted by 3ection VII, (D) (6) (b) , C-2 Community Commercial District Per�rr,i.tt�d Use�, of the Villaqe of Tequesta Zoning Ordinance No. 355, as Amended, to Al�ow for tl�e Add�tion af Drive Through Faailities at the Community 3avings Training Center located.�rt 20 S. Waterway Road, Within the C-2 CoMrnznity Commercial Zoni.ng District of the ui.�lage of Tequesta. Planner Rara Irwin explained that Com,munity Savings Banl� wi.shed to modify thea.r training facility to i.nclude two drive-i� teller lanes. George G. Gentile of Gentile, Ha]:I.oway, O'Maho�.ey & Assaci.ates, Ir�c., agent for the applicant, presented the project and offerec�to hire Tequesta police to patrol for 3-5 days at peak hours when. the drive-in wi.ndows opened to help arient the public to tl�e fact they cotxld no longer use the drive thraugh area as access ta or from Publix. Mr . Gentile explained tl�.at the walk-up ATM would remain, only one island was being removed, an.d that the parking exceec�ed code. Discussion ensued reqax-ding- the.use of the current driveway as an exit from Publix and alterriative exits. Vice Mayor Schauer commented she liked the additional landseaping. Councilmembe� Walker questioned • whether 3-5 days would be sufficient to re-orient the public because pevple were r�turning for the season. at dif�erent times, and suggested placing - flexible directional guides consisting of PVC poles attached to the pavement by suction cups to help direct traffic. The appla.cant agreed to provide the directional guides, and to work with the Police Department regardi�.g the guides. Village Manager Couzzo thanked the applicant �'or work�.ng with tM.e Folice Depart�ent . Mr. Gentile indicated that construction would begin right afte� the first of the year, a�c� the opening would be during the height of the season. � � r �, � r VILLA�E COUNCIL MEETING MINUTE3 October 12, 2000 PAGE 7 Vice Mayar Schauer made a z�tion tc approve the Bite Plaa Madifi�ation af the Comnunity Savings Bz�k for Twc► Drive-�.'hrangh Teller Lanes and a Dri�re-Through ATM Lane with the �mendrtients that the apgl�cant wauld work �ith th� Polic� Depar�ment to provide police officer patrol for 3- 5 da�rs at apeninq �nci ta insta.11 fleicible di�ect�.�►nal guides to help direct traffic. Couneil.member �alker s�conded th� mation. The vote on the motion was: Jaseph N. Capretta. - for Elizab�th.A. Schauer - for Q�eraldine C�enco - for Basil Dalack - fc�r Sharon W�llc�r - for The motion was therefore passed �nd adopted. - ' B) Revie� of Sit� Plar� and 3pecial �xception Ganditions for T�qti�sta Motor Cars, I,ocated at 746 - U. S. Highwa�r Orce North, a I�tar Vehicle Dealership Withi.a the C-2 Communit� ComnerCial District of the Villaqe of Tequesta. Planner Rara Irwin explained that in July, 3989, Tequesta Motor Cars had been be�sare the Village C�uncil for Special Exception review and SitE Plan review, which had been approved by the Village �Cauncil with eletren con.ditions of approval. One of the conditians had been ta �rea�e a Declaration of Use Agre�ment in which the 26�criteria in the Code for motor vehicle dealers�}ips in the C-2 District was to be included. Ms: Irwin reported the Declaration o€ Use Agreement had never been done, that Tequesta Motor Cars was re-openi.ng, and the applicant �ras xea€firming tM.eir position that they had created a DeClaration c�f Use Agreement, which th�y waulc� execute �nd re�cprd. Vice Mayor Schauer questioned Attorn.ey Hogan as to whether .item number 5 in the agreexnent r+�ras a usual and "" � � ti r VILLACafE COUNCIL Nl�ETING MINUTES October 12, 2000 FA+GE 8 general paragrapY�. i.n these types of agreements, to which the attorney responded that it was. Councilmember Genco stated tha� the Village code did not allow filming in this district; however, she had understood from the minutes that the Village Council had approved to allow fil�reing. William Burckart, agent fQr the petition�r, explaiz�ed that at the time the 1989 Ordinance had been approved, the Village Couneil wanted ta avoid �he carnival a�mosphere that took p3ace at atztomobile de�le-rshi.ps on Okeechobee Boulevard in West Palm Beach, which included live broadcasts by radio stations with laud mus.ic, costumed characters, and other gimmicks to try to draw people in off the st�eet; and the i.ntent of the Village Council had been not to broacicast live in - order to draw people in�ta the dealership. Council.member Geaco stated sh.e uridexstood that was Mr. BurGkart's interpretation of the intent and that Mr, Burckart may have been a part of the Board that had e�rafted that zorzing; however, the existing zoning did not allow the proposed filming. Councilmember Genco read from the code, stated she understood that Mr. Burckart felt this did not ade�r.ess what Yie .p�o�os�d, but stated that what needed to be looked at `aas whether the applicant could be given a special exception to �his zoninq ordinance. Mr. Burckart agreed it would be app�apriate for the petiti.aner to zeaffirm that tYj.e carnival atmosphere and the zadio trucks would not be allowed. Councilmember Genco responded that the special exception that woul.c� be granted-would be speeific to the current owner and nat transferable, meaning th� property could not be sold ta sa�neane else and have them to do a television show there. - Mr. Burckart expressed his opi�xion that an approval would run with the property, and agreed that the part that there would not be � earniva� atmasphere wauld run with the ].and. Councilmember Genco requested the - attorney wark th�s out. Plax�.ne� Irwin commented that a special excep�ion was not being given tonight. Councilmember Genco re�sponded that the Village Counci.i had already gassed i.t at a VILLAGE COUNCIL MEETING MINUTES �Jctcber 12, 20�0 P.AGE 9 ------------------------ previous Gou:r�cil �neeting. Pla�.n.er Irwin commented she believed the Va.11age Council had discussed it when the applicant had given a presentation, but she did not�believe any approval had been given. Councilmember Genco responded she was not posi.tive about that, but recalled reading it in the minutes. Mayor Cap�etta com�ented there had been discussion. Mr. Burckart commented that Mr. Ladd had indicated tYais was �o be approved as a special event anytime the filmin.g would take place, which was why the presentation had taken place when it did to make the Village Council aware af what was being done. Mr, Burckart advised that a special event did not require specific action by the Village Cottricil, but Mr. �,add had wanted the Viliage Counci.l to be aware of it and for the Councilmembers to in�icate their position on this mattex.- Gouncilmemb-er Genco..requested this item be tabled until �corrections could be done to the Special Exception lang�a.age part of the contract and requested directioA from. legal counsel. Attorney Hogan stated she believed "N" was open to interpretatiorz, w3�ether ather similar media broadcasts €rom anywhere on the premises applied to filmir�.g o� x�ot; and that the word "live" broa.dcast was.na.t there.... Attorney Hogan s�ated that if the word "live" was in the code it would have helped this; and if the Villaqe wanted to gra�t it as a speci.al event, she saas not familiar. with that process and how it would apply. Attorne� HQgan stated that witl2out researching the semantics Qf..i.t., she.�ras inclined.at this paint to read "other si.mi.lar media broad�ast" to include any type of filming or broadcasting; that it was debatable, and tl�.at she wottld z�o� assume filming to k�e. _�xcluded from �ha� .. Vic-e Mayor Scl�auer comme�ted to Mr. Burckart tha't when he did his presentatian he had asked for, �and the Village Council had givex�. Z germissior�,� to film. on the premises--tc� which Mr. BurCkart respon.d.ed that was correct. Mr. 8urekart advised that at this point a pilot was being, produced which would be filmed and then broadcast approximately �ix months later. Filming wpuld be for a maximtua.of two days, using VILLA�E COUNCIL MEETINE� MINQTES Octaber 12, 2000 PAGE ZO ....--------------------- outside shots of the bua.lding to pick up the at�.osphere that would be used for a number of shows, which was not ta say they would n4t want to come back for mor� such �hots; but if the pilot did not work after it had been broadcast on national TV, that would be the end of it. Vice Mayor Schauer stated it had been her ;�ressian that permission had only been given fo� current filming, and if the pilot did work, then the petitioner must return for additional approvals. Mr. Burckart confirmed that the petitioner had only requested approval far one time. Counci.lmember Genco asked if it would disrupt the petitioner's plans it this were delayed to the next Village Cauncil meeting. Mr. Burckart responded it would disrupt their plans tremendously and th� applicant would rathe� drop the �thole filming issue. Village Manager Cou�zo apologized to Mr. Burckart and eommented it had only come to his attention that day that there was the potenti�l to do filming on the site; and revi�wing the backup a�d the specific zoning code, item "N", it had appeared to hin� that there was potential for a con�lict, and therefore it had been brought to the attorney's attention. Mr. Cauzza comm�n�ed it had been his experience w.ith these types af events that they were normally very positive for the community; however, the Village needed to fi.nd a mechanism to accommodate the request �o that it would nc�t be in conflact with the existing zoning. Vice Mayar SChauer responded that the Village Cot�n.cil had alr�ady given permission to film at a previous meeting. .Attorney Hogan stated she did not have the minutes from that meeting to see what had tran.spired. During ensuing discussion, the Vice Mayor commented that when the gresentation was made, traffic concerns were alleviated, the V3.11.age Council had been excited, that filming was now supposed to start this week or next, the �Tillage Council had given them permi.ssion, and her preference was for th� applicant to return if more filming was to take place. Attorney Hogan advised that since the language was the Village's that the VYLLA�GE CQUNCIL MEETING MINUTE3 October 12, 2Q00 PAGE lI Village of Tequesta had first preference in the interpretation-so if the Village Council wanted to interpret it as �ot i�.cluding mQVie filming, or filming.that takes place only at a specific time and is not a live braadcast, the Village Counci.l could do that. Mr. Burckart explained that filming would be finished October 28. Councilmember Genco stated the Village Counci.l could grant a�. exception for this month and that would take care of it. Mr. B�rckart responded yes, and that in,addit.ion, there was going to be a chang� of the currently painted green shingl.e roof on the fran� c�€ the builc�ing ta Me the same barrel tile that was on the K-Mart building, and he was asking ,perm.ission from the Vil�age Council for that also, and would then go to Commu.nity Appea�anee Board. P Irwir� explained that Mr. Burckart was not here �or site plan review pr special exception review to�.ight, which had been done in 1989, but was here to show his good faith ar�d affirm that the agreement wquld be execut�d and recorded, and that he would go to the Coaunun�.ty Appearance Board fQ.� any exterior changes to color and the change to the barrel tile roof afte� he rece�vec� �he b}.essing of the Village Council. Mayor Capretta questioned why the applicant was prese�t toni.gl�t since permission had been previously granted, ta which Planner Irwin responded that V�.11age Attorney Randolph had provided direction that he return because the Declaration �rf IIse Agreemen� had never been executed and recorded, and he wanted them to come baek to get on the public �ecord that they would execute and reCOrd th� agreement.- Attorney Hogan stated that then the agzeemeMt was to be recorded before the permit was issued. � Planner Irwin. explainer� that the agreement was to be executed and recorded before the ViT.lage granted Teques�Ca Motor Cars a license to dQ busi�.ess. Attorney Hogan advised that since tl�e Village Council wished to allow the film:i..ng, the best soluti.on would be to agree on the record -that the Village Council' s i.n�erpretation af "N" yras that it di.d � not include filming but did include live broadcast � � ux�.r.� cc�vR�rL MEETING MINUTES 4ctober 12, 200E3 PA�GE 12 ----------------------- since it was not being transmitted at the time it was being made, which was one definition of broadcasting something. Village Manager Couzzo commented that what �hat would do would permit the filxaing under the current 2oning because of the Village Council's interpretation that filmin.g was different than what they had defined in the zoning code. Councilmember Dalack cominented that the agenda item vras for review anly and no mation was needed. Councilmember Walker questioned whether clarifi.catian was needed tY�zat �xhibit B, Sec�ions L and N definitions did not include filmzng. Discussion ensued regardi.ng motions that should be made. Vice Ma.yor 3chauer made a m�tion ta agprav� the Declaration of Use Aqr�eement to-be executed and r�corded b�,r Tequesta Motor Cars. Councilm�nnber Walk+�r seconded the motion. The vote an the xrotion was: Jaseph N. Capretta - for Eliz�beth A. Schauer - fcr C3eralcLine t3enco - for Sasil Dalack - for Sharon Walker - for The motion was therefore pa�sed and adopted. Cotinc�.ln��er Walker made a motior� t4 clarify that Exhibit C, Sections L t�nd N did not include '�`fillt��E1g" . Vice Mayor S�haue� seconded the mation. Councilm�ember Dal.ack asked wheth�r the intei^pr�tat.�c�n wa.s to not prohi�it filming, ta whiah the respanse was yes. Coun�ilmember Dalack stated the code was the �od� ar�d could not be m�odified. Attorney Hogan responded it could be interpreted, and if f:here w�s a.,�li.scussian a.bout what it meant then what it meant ia�as not as clear as it should be. Cour�cilmember l�al�ck s�:a.ted if it was not clear then it was inva]:id, it was vaid, r w • VILLAGE COQNCIL MEETING MI1�1trTES 4ctober 12, Z000 PAGE 13 and it was unconstitutional if it was not clear. Councilrnetnber Dalack asked if the intent of the motian was not to dis�llow filmi�.q, ta which the respanse was y�s. Councilmembex Dalack indi.cated he would vate to approve not ta disallow filmi.ng. The vote on the mQtion was: Joseph N. Cagret�a - for Elizabeth A. Schauer - for Geraltli.ne Qenco - for Sasil �.alack - for Sharon Walker - for The motion was therefore passed and adopted. IX. �'3QARD .APPtJINTi+lLNT A) Consideraticn o€ Appc>iixtment af one (1) Regular Member to the $oard of Adjustment Effective Nov�ber 14 , 24�Q, Witla Said Te�a �xpiring November 14, 2003. � Couxzcilmember Genco coxmnen�ed it appeared there was only one applican�, Steve Pullon, who had been on the Board �ince Febzuary. Gouncilmember Genco made a motion to reappoint Steve Pullon as a Reg�lar Member to the Boxrd of Adjustment eff�ctive November 14; 2000, with �aid term exgirinq November 14, 2003. Vice Mayor Schsuer seconded the motion. Councilmember Walker questionecE whether there had beea a notice in . Smoke Sigr:als so that others coul,d apply. Village Clark Manganiel�o respcnded that normally the Commxnity Development Department noti.fied Adminrstration, wl�o tried to put a notice ia Staolce Signa2s, and explained that there were normally m4�e appli��s far Co�rf��y Appearance Board than for the Board of Adjustm�ent. Ms. Manganiello reperted there w�re no other apgli.cants at this time. The vote on th� matian was: s VILLAGE CQUNC�L MEBTING MZNUTES Octob�r 12, 2a00 PAGE 14 _______________________ Joseph N. Capretta - for Elizaheth A. Schauer - for Geraldine Genco - for Basil Dalaek - for Sharcn Walker - far The m4t�on was therefore passed and adopted. Cyrese Colbert, Property Manager far Gallery Square North, commented she had attended the last Coxrrmunity Appearanee Board meeting and that Gu�rently there were no woznen on the Board-that the only women were the twa alternates. Ms. Colbert inquired whether this was going to be a contirnzing groblem, and s�ated she believed it should be balanced. X. 1JEW BFJSINESS A) Resolutio� No. �-�0/O1 - A Resolution of the Vi11aQe Cauncil of the Village of Tequcsta, Palm Be�ch Cattnt�, ��.arida, 14pproving a Temporary Em�loym�ent Agreem�ent With Richard Diam�ond for the Special ProjeEts Coordinator Position with Funds Beinc�__ A1located. from the Villaqe Manager's Persanal Services Salaries and Waqe Account, Having a FY 2000/2001 Budg�et Amoutzt of $209,571, and A�thoriainq � t�►e Village Manaqer to Execute the Applicable Aqreem�ent on Beha�.f of the Village. Village Atto�ney Couzz4 repor�ed at the last Village Council meeti.ng the Council had requested review o€ the existing agreement with Mr. Diamond, and that he had submitted a memo recommending that Mr. Dia�uond's cant�act be extended through this calendar year as Special Projects Coordinator. M�. Couzzo advised that the budge�.allow�d for the additional pay. Village Clerk Manganiello read R�solution No. 1- 00/01 by title. • VTLLAGE COUNCIL MEET�NG MINtTTES Oetvber 12, 2UQ0 P,A�GE I5 Vice M�.yor Schauer made a mation ta approve Resolution No. 1-d0/O1. Councilmember Genco seconded the mc�tion. The vote o�} t11e motion was: Jas�ph N. Capretta - for Elizabeth A. 3chauer - for C�eraldine C�enao - far Basil Dalack - far Sharon Walk�x - for The motion was therefore passed and adopted. B) Resol.ution No. 2-00/01 - A Resolution of the Village Gouacil of the Village of T�questa, PaZm B��ch County, Florida, Supportinq the Loxahatohee RiveY Management Coardinating Coun�il*s Resclution for. the Pr�v3.sion for Rainfall and Ecoloqical].y Based Flows and I.�vels in the LQxahatchee River System; Directing the Villaqe Clerk to F'eirni�h Certified Copies of this Resolution to the U.S. Dep�rtment af Enviroru�rental Pr�tecta.on, Flarida Depar't�nent of Em�3.ronm�ental Protectian, Departanent of the Interiar, Depsrtment of Game and Freshwater Fish Conmi.�aion, 3tate Senators Connie Mack snd Bcb Graham, and Conqressional Represantative Mark Foley; Provi.ding an Effectiv+e Date. Village Manager Couzzo explained that Councilmember Genco had requested that this Resolution }ae placed on the agenda. Councilmember Genco explained that she had p�epared a draft letter and would like app.roval from the Village Council far it to go out along w�.th the Resolution adopted by the Loxahatchee River Management Coordinating Council. Ms. Genco reported that scientists from South Florida Water Management District and representatives from the different water control dist�icts had held workshops to dis�uss the contents of the Resolution, which. was meant to urge different congressional bodi�� to take action to help presexve the river, which was being done because SFWMD had approved two permi�s which would lowe� the water table and eut off some � VII,LAGE COUNCIL MEETTNG MINUTES Octobex 12, 2000 FA4E 16 of the fresh water flow to the North Eork of the Loxahatchee River. Councilmember Genco reported that the permits had been issued without review or �.pproval of Loxahatchee River Management Coardinati�g Council, and t�ie Resolution would ask people for suppart. Mayor Capretta expressed concern.that this could offend South Flori.da Water Managemen.t, to which Ms. Genco responded S�'WMD had gartici,pated in the Resolution, and that she believed they felt guilty for not providing proper noti.ce to Zoxahatchee Ri.�rer Management Coordinating Council. Vice Mayor Schauer commented that she had called Matthew Morrison at SFFnTi�ID and he had indicated that �F'WMD had no pasi.tion on this Resolution. Mx..Morr,�son had advised that the State had mandated that the restoration contained i.n this Resoluti.on J�e done before December, 2001; and had indica�ed that restoration was moving fQrraard and was ahead of the deadline, and he hoped that the entire project would be accompli.shed ahead of the deadl�.ne date. Councilmember Genco commented that Mx. Morr.ison - was worl�ing on restora�ion. which was separate from the fresh water flow, and the R�solution was to ask Congress and �he Departm+ent of the Xnterior to politic for more money fa� projects lik� the one Mr. Morrison was working on to pxotect the river. Disc�tssion �nsued. Attorney Hagan painted out an error in the Resolut.ion by I�oxahatchee River Management Coardinating Council, which was a wrong cite at the end. Attor�ey I�Qgan noted the reference should be 373.223 and not 373.233, and that a correction could be dane with square brackets. �ouncilmember Walker commented she had carxcerns abotxt tlze Villa,ge Council independently taking this action; that it was the choice of I�oxahatchee River l�ia��gement Coo�dinating Council to do so; that she understood SE'WMD took no positio�.; but that the Village cur=ently had a good relationship with SFWMD, and she was hesi.tant to do this since it mi.ght �eopardixe that relationship. Councilmember Walker reported she had spokez� .to th8 . Director of : t�e South Indi.an River Control District who was not irx favor of P � VILLAC�E COUNCIL MEETING MINUTES C�ctaber ].2, 2C�04 PAGE 17 __-----_..-------------- this Resolution and who took a lot of time explaining his reasons to her. Councilmember Walker stated she did not wish to jeopardiz� the D'illage's good relationship with SEWMU. Mayor Capretta also expressed coMCer� that altYiough the Village had good intentioris he did not want to get into the middle of something in a multi-layered organization such as SFWMD. Ms. Genco stated her reason for wanting to do this was that the river had been degraded dramatically aver the past 20 �rears due to water draw downs, dry seasons, and impact �rom people; that she had canoed down it many, many times by herself, anc� she hoped that this would get attention to p�eeserve the river or get researcYz money to mainta�.n its pristine ° quality, which �ras the rea�on many of the residents lived in Tecfuesta. Mayor Capretta responded he understood, and had thought �t was obvious that Ietting in fresh water would save the r_a..ver,- but the more meetings he attended he was not so sure that was how to save the river because many of the organizations said that was the worst thing that could be done . Cou.x�ci.I.member Genco expla.ined that the water flor�r was being cu.t off, which could allow salt water intrusion which would ki11 the cypress trees and then the rest of the ecosystem whicYz �.eeded fresh water, eouncilm�mber G�n�o- cammented that one reason the river had received its histaric title was because it was pristine, that the cancern of the writers of the Resolutiofl �ras that the verbiage was aot strong enough, and asked why the Village shou.ld not support something to pr�serve their way of life. Mayor Capretta respo�.ded tha� Cauncilmember Genco wanted to do this because it was the right thing to do and that was the reason he would consider supportiri.g it; however, strangely enough it could put the Village into an awkward positi.on with the various organi2�tions w�o were sup�aosedly the expexts, and he did not feel quali�ied to know whether his impulse was right. ZTice Mayor Schauer reported she had asked Mr. Morrison if there wou.ld be any repercussions to the Village if they supported th.e Resolu�ion, and he said the District .� � VTLLAC�E COUNCIL L�EETING MINUTES October 12, 2040 PAGE 20 camments from the Village Council. Ms. Manganiello noted that she had provided the plan to the Gouncilmembers on Septemlaer 22 to allow suf�icient tim.e for review, and e�ressed the hape that everyone had reviewed it. The Village Clerk cammented that she would be happy to write a letter a.ncorporati�g any comments from the Council; and advised that approva]. was not necessary but that comna.ents reqards.ng agreement or disagreement with an.y aspects of the proposed plan would be welcome; and that the Vil�.age Council had the option. to make no comments i€ that was tl�eir desire. Mayor Capretta recalled that the Village had hired snvironmental consultants to study the river, and that they had pzoduced a list of pollutants rated in order of importance, and the problem the ViZlage had had was that septic tanks were lo�r on the list of things that were polluting the river. The Ma�ror noted that the cost to fix the septic tank problem. was $10 m�..11ion, and m.ore i.mportant things would cost much less which was a problem to the residen�s and to the Village. Mayor Capzetta explained that in the negotiations for mediation, it had been agreed to p.ick a particular project to help impro�e the river, which would begin after the sewering was compZete. Mayor Capretta questioned whether aqreement had been reached on a projec� which would be jo.i.ntly pursued, to which Ms. Manganiello responded that had not been.done. Councilmember Walker explained that this had not come to Public Works because there had not been a Commit�ee meeting, but that she and Mr. Dent had had numerous meetings to - discuss options to benefit the Vil.lage, ENC4N, and the river. The primary option was stormwater runoff, about which there was q�neral lack af public knowledge and p�zblic participation. Mrs. Walker reported that this was an area in which ENCON had failed, by Mr. Dent's own acknowledgment, but that it was an area in which the Village had succeeded very well. Gauncilmember Walker stated she had been waiting for a Public Works Committee meet�.ng to bring that possibility b�fore �he Camm.ittee and Mr. Dent had � VIL.I,AiGE COUNCIL MEETiI� MINUT�B 4ctaber 12, 2004 PAG� 21 given her specific ideas how to jointly produce public information and sto�nwater drain markings of some type. Councilmember Walker reported she was recei�ring an information packag� from Pinellas Caunty, which had been very successful in this type of proj�ct. Cauncilm.ember Genco obj�cted that this was not the subject of the agenda item and shauld be discussed under New Business. Gauncilm.ember Walker responded that she had been answering Mayor Capretta's question. Mayar Gapxetta asked whether anything in the package supported the objectiQe the Village had, since he found nothing, and Cauncilmember Walker responded that it did not. Village Clerk Manganiello comm.ented that it only dealt with �eptic tanks. Mayor Capretta Gommented that the problem the Village had always had with ENCON was their focus an sewers whiZe they were chartered to protect the river, and he wanted them to spend some of their sewer profits on other projects. It was the cQnsensus of the Village Council nat to comment on this item. Coun�ilmember Genco made a anation that the Yillage Council not take any positicn on the Loxahatche+� River Distri.ct "S+�ptic Tank 2002 Plsn" , Vice Mayar Sahauer s�conded the rc�atian. The vote on the netion was : Joseph N . Ca.pretta� - fqr Elizabeth A. Schauer - fpr Geraldine Genco - for Basi1 Dalack - for 3haran Walker - for Th� mdtian was therefor�e passed anct adopt�d. XI • tJI�1E`INISHED BIISINESS A) Discussion of Meet � C�reet Prescentation Councilmexnber Walker cammented that this was a i v�L�E covrtczL MEETING MINtT2'ES October 12, 2000 PAC� 22 ----------�_�-_--------- cantinuation of a discussion she Y�ad brought up at the last Council meeting and per the request of Council she had typed the notes af that di�cussion, and requested deferral of �he first Meet & Greet session to the Decem}aer 14, 2000 Village Council meeting instead of the November 1.6 meeting in light of changes Mr. Cc�uzzo plax�ned. for the November meeting and a heavy'agenda for that meeting. �ouncilmember Walker e�plained that the intent was not ta give any appearance of selli.ng, but to present extended life ca�e faciliti�s in the V'illage of Tequesta, �hat there would be no representatives from any prajec� present, there would be literature available if anyone wanted it, the�e would be coloz renditions ,�f av�ailable, or black and white renditio�s, site pl.ans, etc., and this session would provide an ap�aortunit�r for the Village Council to participate with the ci.ti�ens. Mayor Capretta expressed his opinion that this concept should be tried for a limited period of time, after which it wou.ld be reviewed, and if it worked it should be continued or if it d�.d not work it s�i.ould be discontinued an,d something else tri�d to obtain citizen participatian. Councilmember Walke� suggested tr�ri.ng one session i.n December and one in March, and to assess the results at th.e April Village Council meeting. COhS�T15US was to direct the Vi�lage Manager to proceed with Cou�.cilmember W�lker�s praposal. XII• ANY OTHER MATTERS Councilmember Genco recommended usi�g Fa] Beach Cozanty' s annexation program. Councilmember Genco explain.ed that under this program the Gounty would as.$ist the �Tillage with areas like Bermuda Terrace and Pine Tree Road, and would do everything necessar�r, including a31 of the pub.Ii.c notices, surveys, and resolutions, and would pay for everything, which would saQe the Vill.ag� both money and staff time. Councilmember Genco noted that an attempt to �.nnex Bermuda Te�race a few years ago had been unsuccessful; however, at that time the Village had had na carrot anct naw �he carrot was that the Be.�mz�1a Terrace i v�L�E covxezL MEETING MINUTE3 Oct�}�er 12, 200a PAGE 23 residents would get back som.e af the money they wQUld pay for sew�r connection fees. Councilmember Genco stated that the Village also might get back sqme of the money they were spending on the water Iines, swales, and landscaping, since all of the costs of improvements were split three ways among �he County, the �Tillage, and the land owners. Councilm.ember Genco conrmen�ed that the only th.ing the Village had to do was to give them the costs that had been spent and the.prQj ects th}t had been dane. Councilmembez Walker commen.ted tha� in light of a recent move by the Palm Beach CoU.nty Zeague of Cities to farm an annexation cammittee because legi.slatively mandated annexation was conung, she agreed wi�Iz Councilm.ember Genco, and recommended that all avenues�be explored and properlg coore�inated through the Village k�a.nager' s office . Vice Mayor Schauer commented that the last an�.exation effort had been very embarrassing, bu� i� the Village did not have to do anything and Village staff did not have to be utilized, then s�e had no problem with Councilmember Genco's proposal. Councilmember Walker commented that she suspected Pa�.m Beaeh Caunty was taking a cue from Braward Gounty,, and the more voluntary annexati.on that could �ake place befo�e it was legislatively manc�at�d, the better it would be. Z7ice Mayar Schauer cammented had heard a man comment at a�nee�i�g she had .attenci�d that he was a resident of Bermuda Terrace and he had �all the benefits of the Village, ta wlzi.c�i sM.e hack not r�.sponded. Mayor Capretta expressed his opinion that it had to be proved to. an area that it was to their benefit tQ be annexed, and that during the sewering issue the Bermuda Terrace leaders had come to depene� on tMe Village for support. Mayor Capretta suggested that if these leaders supported. anne�atian then they could persuade tl�e� people in their area that it would be to their advantage�to annex. Mayor Capret�a cainmented that he believed the timing was right now to appraach Bermuda Terrace with such a proposal, and he would suppor� Ms. Genco's proposal. Councilmember Genca commented that the Mayor's idea could be noted to the County and requested approval to �ave Palm 8each County work on the annexation. Councilmember Dalack ex'pre�sed his o.pinion that peopZe shou�d b+� left alone unless they voZuntaril�r approached the V'illage and asked to be annexed, and i€ tl�e County did it �voluntarily that wpuld be great. Coun.cilmember Dalack commented that he � VII�LA�C3E COUNCIL 1�ETING MINUTES dctober 12, 2000 PP�GE 24 would not like the Coux�ty ta use h.is t� dollars for involuntary annexation. Gouncilmember Genco reported that one area wax�ted to annex to the Village now. Tt was the consensus of the Village Counci.l to d.irect staff to work with the County on this issue and Ms. �enco stated she would be glad to help with the work if necessary. Couneilmember Genco ad�ised she had contacted Dana Anderson regarding �he Tequesta Country Club gates and had learned that th.e TCC�A Boa�d had taken �c�.ion and that the qates had to con�.e down within the next 25 days . Ms . Genco regorted tl�.at Mr. Anderson had asked if Pt}}blic fititorks could repair the jog in the sidewalk when the gates were taken away�. Councilmember Walker askec� when thg�_ TCC�A Baard had decided to remove the middle gates. Councilmember Genco reported it had been at the last Board��aeeting by a 3-2 vote. Discussion ensued. Pert Town reported that she had attended the TC�CA Board meeting and the decision was mad� on Monday of this week at the October Baard meeting that the gates wo�,tld conte down �ritlxin �.he next three weeks, and it was her underst�nding that Tequesta Country Club wouid gitre the Tequ.esta Country �lub Commura�ity Associati,on $1� 000 toward the project, which wotzld redtzce the $2, OOQ atxthorized by the TCCC.�Pi Board fo� the p�oj ect . Village Clerk Mangan.iello commented that Mr. Anderson had come �o see her regarding the possibility pf the Village contributing money for removal of the middle gates and had brought up �he possibility af reconfiguri�.g the path, Ms. Manganiello explained tha� Public Works Director Gary Preston had confirmed that the Village h,ad not paved the reconfigured pathvaay and she had explained to Mr . Andersan that ar�ything the Village n�ight do to restore the pathway to its original format would need to be brough.t before the Village Co�n.cil. Couneilmen�ber Genca stated she t�as asking.the Council to back up Mayor Capretta's statement that he would do whatever i.t took if the Fote was in favor of removing the gates. Mayor Capretta stat�d that tonight's discussion �was only for the two mranument� across the street from the Countr�r Club that said "Middle Gate"; but at the old r�orth gat� it was a mess and Zooked like a pile of rub�ble, and in addition at tYse Viliage limits a sign welcamed people to the north gate and plaques indicated a north gate, and he had he no plans to remoge those and to resto�e �he north gate to actually be . r vzz.� cavrrciL MEETI1rtC� MINUTES October 12, 2000 PAC3E 25 ---------..------------- �he north gate and to have the sign at the Village limits to read "Entering Tequesta Coun.try Club Community", and clean up the wh.t�le mess. Councilm.ember Genco cammented that the intent was to restore and refurbish everything. Caunci.lme�r Qenco mad+� a m�tion tv support TCCGA and to restcre the �idewalk. In response to a question from Cauncilam�r Dalac:k, Mr. Prestcn verified that the Villaq�s could re�tore the pathway, and that he was not awar�s of what the cast would be but it would probably be $600-$700, which would be an expense to tlxe �Tillage. Caunei�.m�r Dalack qu�stian�d �hethe:r �.t was n�cessary to straighten the pathwa�, to which thee response wa� yes. Mayor Capretta requested coordination of �he sidewalk work with the rem�val. of the gates,. and Vic� Mayor Schauer requested a conditian that they fix e�vt�rythinq. Mayor Capr�tta sugqested they cauZd be qiven 9Q days to fix eve�ythinq. Village Clerk Manqani.ello �}dvised that the hold ha,rmtess aqre�ment which was recorded may need to b� undone. Mayer Capretta recomrnniended that the same contractar be used to r�nove the $ates restore the sict�walk and the Village would pay t.he gc�rtion it cost to � restore th� side�ralk. Councilm�er Dal"ack seconded the mUtion. During discussion of the motion, Villaqe Manaqer Couzzo questioned whether �he structure w�.s locat�d in th� right-of-way, to which the r+esponse �as affirmative, Attorney Hoqan advised that she did not think the hoZd harmless agree�nent would need �o be re�ved, Councilmember Walker expressed problems wit� this motion in that the village had no forma2 written request from the TCCCA 8oard, and that this was only a re►quest frorn Mr . Ander�on via Councilrna�er Ge�co, and tl�er� was no plan submi.tted.by TCCCA as to what else they were going to do, if anything, and tl�at tl�ere was aothing illegal with what had been constructed and thiss seeamed to be a neighborhood or social problem bu�t it was aot a leqal problem and did not inhihit siqht af traffic. Councilmember Walker co�nted that if she lived in another n�tiqhhorhood, sh� miqht want the Village to fix her sidewalk, too. Mayor Capretta ncted those we�e qood paints �nd the approval should require th�n to ga through the process. Councilmember Gerzco stated they would hav� to qo through 4 � VILLAGE COUNCIL MEETTNG MINUTES October 12, 200Q PA� 26 the pzocess but her mation did not iaclu4l.e going throuqh the process, just si.m�ly that she had been r�quested as a Councilperson, by Mr. Anderson, and sh� was asking the Conncil osa his behaYf pursuant to a Conversatian she had with him on October C to assist him �nd the Tequesta Country Club Association with restoring the sidewall� at Villagc eacpense. MayQr Capret�a su�gest�d reque�ting Mr. Anderson to come to the Village Council with his request. Counailnre�nber Genco stated she had a mot�.on oa the floor and there could be discussion about what - she proposed but a vote was needed oa the motion. Mr. Dala�ck verified that his second to the motian stood. The vote on the motion was: Joseph N. Capretta - aqainst Elizabeth A. Schauer - - for Geraldine +Oenco - for Basil Dalack � - for Sharon Walker -. againat The n�tian was therefor� pass�d and adQpted by 3-2 vote. �� Councilmember Genco afficially �equester� as New Business � far the next Villaqe Council Meeting that a Resolution be prepared for a referendum to be voted an at the Village Council meeting for the public to be give�. the opportuni�y to vote on the location of the Village Hall. Councilmember Genco stated she was not asking that a vate be taken at this point in time, simply that the proper language be constructed and presented- to the Village Cauncil at the next meeting as New Business for a vote. Councilmember Genca requested that the� Village Mana+ger proceed with her request, to which Mr. �ouzzo responded he would work with legal counsel and make arrangements to do that. Councilmember Walker publicly congratulated Village Attorney Randolph for his appointment as President Elect of the Florida Mtanicipal Attorneys Association, which was a great compla.ment and reflected highly on Mr. Randolph's character and abilities: �nd stated that she felt the Village was very lueky to have 5UCh a well qualified person as thea.r Village Attorney. Attorney Hogan thanked r VILLA�GE CQUNCIL MEETSNG MINUTES Octcber 12, 2Q00 PAGE 27 Counca.lmember T+�7alker on behalf of Mr. Randolph and their firm. Dottie Campbell advised that she was Assistant Clerk far Precinct 13 and had received a sample ballot for the Novexnber electi4n. Ms . Caazpbell revier�red items on the ballot. Due to the complicated ballot and �he length of the ballot items, Ms. Camgl�ell .reguest�d that everyone �read the ballot in advance and decid� on �hei.r votes since each person. was liunited to five minute� in the voti.n.g booth. Ms. Campbell veri�ied that she had asked people ta leave after five minutes. Ms. Campb�ll ad�rised that saxnple ballots were available from the Supervisor of Election's offic�. Ms. Gampbell requested that e�veryone tell �en peopl.e to r�ad the sample ballot, and each af those ten could tell ten more, and so on. Mayor Capretta proposed putting a notice in the next issue of Smoke Signals. Village Clerk Manganiello co�nented that the Supervisor of Elections usually published a sample ballot in the newspaper. Counca.lm�mber Dalack suggested placing � a notice in Smoke Signals that there was a 5-minute limit in.the booth and the ballot was extensiv�, so that people should do their homework and be prepared ta vote within the five-m.inute limits. Ms. Caxnpbell asked that it also be in the notice that a photo ID was required. Village Clerk Manganiello commented that she could xnake ballots available at the Village offices and she believed they �rere also available at the library. XTII. ADJOUR,NMENT Vice Mayor Schauer maved that the �neeti�g be adjourned. �Cc►uncilm�ember c3enco seconded the motion. The vcte on th� motion was: Joseph N. Caprett� - for E2i�abeth A. 3chauer - �or 8asi1 Dalack - for Geraldine�Genco - for Sharon Walker - far The m4tion was therefore passed and adogted and the Y Y i.l l�.te'W�j COVLY1�iL MEETING MINUTES 4ctaber 12, 2000 PAC#E 28 meeting was adjourned at 9:10 p.m. Respectfully submitted, �' 0 � Betty Laur Recording Secr�tary ATTEST: Joann Manganiello Village Clerk DlATE PIPPROVL�D: , ,� �