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HomeMy WebLinkAboutMinutes_Regular_02/08/2001 VILLAGE OF TEQUESTA Post Office Box 3273 250 Tequesta Drive Suite 300 Tequesta, Florida 33469-0273 (561) 575-6200 Fax: (561) 575-6203 VILLAGE OF TEQUESTA VILLAGE COUNCIL MEETING MINUTES FEBRUARY 8, 2001 r: I II. III. CALL TO ORDER AND ROLL CALL The Tequesta Village Council held a meeting at the Village Hall, 357 Tequesta Drive, Tequesta, Florida, on Thursday, February 8, 2001. The meeting was called to order at 7:00 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 Basil E. Dalack, Councilmember Geraldine Genco, and Councilmember Sharon Walker. Also in attendance were: Village Manager Michael R. Couzzo, Village Attorney John C. Randolph, Village Clerk Joann Manganiello, and Department Heads. INVOCATION AND PLEDGE OF ALLEGIANCE Vice Mayor Schauer gave the Invocation and led those in attendance in the Pledge of Allegiance to the American Flag. APPROVAL OF AGENDA Vice Mayor Schauer requested addition of the following items under Any Other Matters: (1) Discussion of the tour of skateboard parks on January 24 by the Vice Mayor and Village Manager Couzzo. (2) A letter for the Mayor's signature to the School Board regarding Jupiter High School. (3) Streetlights to be installed on Seabrook Road by Tequesta Pines. Councilmember Genco requested item (H) on the Consent Agenda be pulled, and addition of general comments under Any Other Matters. Councilmember Walker Recycled Paper • VILLAGE COUNCIL MEETING MINUTES February 8, 2001 PAGE 2 requested item (G) be pulled from the Consent Agenda, and that general items and request for addition to the March Agenda be added under Any Other Matters. Village Manager Couzzo requested that items VII (A), (D), and (H) be withdrawn to be presented at a later date. Vice Mayor Schauer made a motion to approve the agenda as amended. Councilmember Walker seconded the motion, which carried by unanimous 5-0 vote. The motion was therefore passed and adopted and the Agenda was approved as amended. IV. PRESENTATIONS A) PROMOTIONS 1. Police Department - Zed Albrecht (Sergeant) • Police Chief Allison announced a new Sergeant's position had been created during recent contract negotiations, described the stringent process required to qualify for the position, and announced that the winner had been Zed Albrecht. Sergeant Albrecht was congratulated on his achievement. 2. Fire Department - James Trube (Operations Chief) Fire Chief Weinand described the difficult qualification process for the position of Operations Chief, and announced that James Trube had been appointed to the position. Operations Chief Trube and his wife were congratulated and Mayor Capretta presented Operations Chief Trube with his badge. B. INTRODUCTIONS OF NEW EMPLOYEES 1. Police Department - Patrol Officer Jennifer Hubbard • Police Chief Allison introduced Jennifer Hubbard as the newest patrol officer, and explained that VILLAGE COUNCIL MEETING MINUTES February 8, 2001 PAGE 3 ----------------------- she had been a member of the Police Department Reserves since May of 1999. Vice Mayor Schauer expressed her appreciation for the way Officer Hubbard and another police officer had handled the situation when responding to a call at St. Jude Church. Mayor Capretta described the creation of the auxiliary police, from which several members had advanced to full-time positions. V. CONSENT AGENDA Mayor Capretta read the following items on the Consent Agenda: F) Approval of Community Appearance Board Meeting Minutes, December 13, 2000 B) Approval of Community Appearance Board (Sitting as Tree Board) Meeting Minutes, December 13, 2000 C) Approval of Board of Adjustment Workshop Meeting Minutes, December 14, 2000 D) Approval of Board of Adjustment Public Hearing Meeting Minutes, January 11, 2001. E) Approval of Village Council Meeting Minutes, January 11, 2001. F) Approval of Special Village Council Meeting Minutes, January 16, 2001. I) Consideration of Appointment of Paul Brienza to a Two-Year Term as an Alternate Member of the Board of Adjustment, With Said Term Expiring February 8, 2003 Councilmember Genco made a motion to approve the Consent Agenda as read by Mayor Capretta. Vice Mayor Schauer seconded the motion, which carried by unanimous 5-0 vote. VILLAGE COUNCIL MEETING MINUTES February 8, 2001 PAGE 4 G) Manager's Report, December 11, 2000 - January 5, 2001 Councilmember Walker had requested Item G be pulled from the Consent Agenda. Councilmember Walker requested that the Village Manager provide more detail in his report as to dates actions had occurred, and requested he include all meetings with citizens, as well as the skateboard tour mentioned by the Vice Mayor. Councilmember Genco objected to the Village Manager taking the time from his duties of Village business to provide more details, indicating that the Manager's report was 15 pages and reports by the former Village Manager had been 7-8 pages, and questioned Councilmember Walker as to the purpose of this request. Councilmember Walker responded that she was trying to establish a time frame. Councilmember Genco indicated she did not see the • necessity to establish a time frame and that Councilmember Walker could not explain why she believed it was necessary. Councilmember Walker commented that the Village Manager had accepted her request. H) Resolution No. 17-00/O1 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Designating Polling Locations, Election Officials, and Inspectors of Election and Establishing Election Procedures in the Event it Becomes Necessary to Conduct the Municipal Election Scheduled to be Held March 13, 2001, and the Municipal Run-off Election to be Held on March 27, 2001. Councilmember Genco had requested this item be pulled from the Consent Agenda, and expressed her opinion that the wording "in the event it becomes necessary" was a typographical error. Village Clerk Manganiello responded that it was not always known if there would be an election, and if no one filed an election would not be held; and that this Resolution established • procedures in the event it became necessary to hold an election. • VILLAGE COUNCIL MEETING MINUTES February 8, 2001 PAGE 5 Village Attorney Randolph read Resolution No. 17- 00/01 by title. Mayor Capretta commented that there had never been a run-off election while he had been in office, and that three or more citizens had never applied for one seat, but that it was possible that could happen. A hypothetical situation where there were three candidates for one seat, with two receiving 40% of the vote and the third candidate receiving less was discussed. Village Clerk Manganiello explained that in such a situation the two with the 40% would be in a run-off election. Vice Mayor Schauer indicated this was in the Village Charter. Councilmember Genco made a motion to approve Resolution No. 17-00/O1. Vice Mayor Schauer seconded the motion, which carried by unanimous 5-0 vote. • The Village Clerk noted there had been no motion regarding Item (G) . Vice Mayor Schauer made a motion to approve Item (G). Councilmember Dalack seconded the motion, which carried by unanimous 5-0 vote. VI. COMMUNICATIONS FROM CITIZENS Dr. Pat Schafer Pastor of First Presbyterian Church, explained that the church parking lot had been used by skateboarders, that the kids had built a platform but neighbors had complained about the noise and it was torn down, but offered to continue to provide space for this recreational activity until the Village was able to build a skateboard facility. Vice Mayor Schauer indicated that the Village was working on obtaining grant money, that Tequesta Park had been selected for the site, and that the Village must meet the State of Florida's requirements and would need to have the money budgeted for the project . The Vice Mayor reported she had met with Palm Beach Gardens • Recreation Department representatives approximately a year ago and had learned that their facility would cost • VILLAGE COUNCIL MEETING MINUTES February 8, 2001 PAGE 6 approximately $250,000. Tequesta's facility would be slightly smaller. The Vice Mayor reported she and Village Manager Couzzo had visited other skateboard parks. Vice Mayor Schauer requested that anyone present who was interested sign up so they could be contacted for a workshop on this subject, and requested that the kids participate to provide input regarding what they would like. Dr. Schafer indicated that the church wanted to be a good neighbor but expressed concern regarding liability. The Village Manager discussed the possibility of obtaining hold harmless agreements from the parents, and indicated that supervision would be provided by the Police and Fire Departments. Vice Mayor Schauer explained that the liability issue was minimal since there were very few skateboarding accidents, in part because of the requirement for safety pads and helmets. The Vice Mayor reported that Palm Beach Gardens was charging $25 annually per family for the use of the park so that they would have an idea of the • projected use, that the kids would have to sign in, and that the City of Palm Beach Gardens planned to have two people supervising. Councilmember Genco requested that safety equipment be encouraged if a program was offered by the church. Mayor Capretta commented there was more than one church interested. Dr. Schafer indicated the church did not want to continue to offer a facility after the Village's facility was completed-only during the interim period until a facility could be constructed. Mayor Capretta recommended that Martin County be involved in the Tequesta Park site. Vice Mayor Schauer indicated she would obtain a video from Palm Beach Gardens for the workshop meeting. Charles Fisher, 15 Shady Lane, President of the Homeowners Association, indicated they had complained about the noise at the church; but he was not here tonight to complain. Mr. Fisher explained that the kids had obtained the design for the ramp from the web and had built it themselves, but after it was built it had become noisy. The ramp had been approximately 20'x 30', 3 feet high. Mr. Fisher indicated their Association wanted to work with the Village to continue the skateboarding at the church. Vice Mayor Schauer explained that Tequesta police officers were • willing to assist on their own time. The liability issue was discussed. Mr. Fisher commented that the liability was • VILLAGE COUNCIL MEETING MINUTES February 8, 2001 PAGE 7 no higher than for somebody playing basketball. Nick Esegulla, one of the skateboarders, explained that they had built a box from the design obtained on the web, but were told they must take it down, and that it could have been moved, but a couple of kids had destroyed it. Terry Moran indicated she was a single mother with two children and that she was in favor of having a place for skateboarding, and that the kids who had built the platform were not the ones involved in the vandalism. Ms. Moran recommended that the Village work with the YMCA in providing a skateboard park; and indicated her willingness to help in any way possible. Councilmember Genco recommended working with the YMCA in providing a skateboard park at Constitution Park. Village Clerk Manganiello explained that when Constitution Park was • built the Village had entered into an agreement with the residents of Tequesta Gardens which restricted certain recreational activities. Councilmember Genco requested that the Village look into that agreement to see if skateboarding could be provided. Councilmember Dalack requested that Mr. Giese of the YMCA be invited to attend the workshop meeting on February 28. Village Manager Couzzo indicated that he and staff were meeting with Mr. Giese the next day. Dr. Schafer indicated he had been very impressed with the police officers who had come to the church. Mayor Capretta indicated that some sort of short- term program could be offered. Betty Nagy, Shay Place, inquired as to when the Redevelopment Committee would meet so that residents could learn what type of facilities would be built for Fire and Police and for the Village Hall. Mayor Capretta explained that he was meeting with staff and the Village Manager and the Fire and Police Chiefs on this matter and that things would progress to the point that a meeting could be held, and verified that a meeting would be held before a contract was signed so the residents could have input. Russell Von Frank, 489 Dover Road, inquired as to the • interest rate charged on the $1.7 million drawn under the $5 million line of credit. The response was that 4-3/4% • VILLAGE COUNCIL MEETING MINUTES February 8, 2001 PAGE 8 interest was being charged and all of the draw had been used for the downtown development. Mr. Von Frank inquired who owned the building that had been demolished, to which the Mayor responded it was owned by the Village. Vic Strahan, a tenant of the developer, clarified that according to the developer, the other half of the building was scheduled to be demolished in mid April. Harold Taylor, 13 Chapel Court, commented that at the south entrance of the reverse osmosis plant approximately 75' of sidewalk needed to be repaired, and suggested negotiations with the contractor for the Alterra project, who was getting ready to pour concrete for sidewalks there. Mr. Taylor expressed his opinion that the public safety building and Village Hall projects were now 32% over budget and that Main Street was 63% over budget, discussed contract prices and numbers given to the public by the Village Council, commented that ACT had been accused of lying to the Village Council but questioned who had misunderstood who, because the numbers given by the Village Council were not right. Mr. Taylor requested a way be found to finance the projects and that realistic numbers be established before the Village did anything else. Village Manager Couzzo responded he had spoken with every member of the Village Council and was working to get the numbers right, and explained that the numbers were merely estimates which changed with unforeseen events. The Village Manager commented that using a dollar amount per square foot was the most basic way to establish the cost, but that until the project was at the point for real construction documents it could not truly be assessed, and that variables happened in the bidding process. Mr. Couzzo explained that he and staff were working on institutional loans, bank loans, etc., to determine the best financing method, and that this program had been accelerated and staff could not keep up. The Village Manager explained that he spent more than half of each day working on this project, and the cost estimates were now better. Councilmember Genco commented that there were staff shortages and the Finance Department was way behind, and that the actual construction had been changed which increased costs. Ms. Genco commented that an estimate was • just an estimate, the workshop numbers had been underestimated, and that the numbers would be presented to VILLAGE COUNCIL MEETING MINUTES February 8, 2001 PAGE 9 the public. Mayor Capretta commented that the numbers were getting a lot closer and the Village was still on track to do a public safety building on the present site, a municipal center downtown, a new Main Street, and upgrades to Bridge Road without a tax increase. Mayor Capretta explained that this was an optimum time to obtain financing at a low rate, and that the Village Council did not want to give answers to the residents until there was a good basis, but the work to date showed the plan for the projects was feasible. Mr. Taylor commented on the power shortage in California and expressed concern that the Village might be duplicating events that had caused that crisis. Mr. Taylor indicated that members of ACT were willing to help work on planning these projects. Village Manager Couzzo commented on different areas of the project where staff had been able to make significant reductions in the costs through negotiations, and explained that staff was looking at every possible mechanism to reduce costs. • VII. NEW BUSINESS B) Resolution No. 19-00/O1 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Approving a Mutual Aid Agreement Between the Martin County Sheriff's Office and the Village of Tequesta, Establishing Operational Assistance and Voluntary Cooperation Across Jurisdictional Lines, and Authorizing the Village Manager to Execute the Same on Behalf of the Village. Mayor Capretta read Resolution No. 19-00/Ol. Police Chief Allison introduced Captain Mario DeLuda who was present representing the Martin County Sheriff's Office. Chief Allison commented this was a historic event since the Village had never had a mutual aid agreement with Martin County. Captain DeLuda explained that Sheriff Crowder had been unable to attend tonight's meeting, but that their Department was looking forward to working with Village. Vice Mayor Schauer expressed her thanks to staff and the Village Manager for their work on the • VILLAGE COUNCIL MEETING MINUSES February 8, 2001 PAGE 10 agreement. Pert Town, 364 Fairway North, commented she was happy to see this agreement and commented she would like to see the idea of cooperation with Martin County expanded into the health care area. Ms. Town described problems she had experienced in trying to get her mother to the doctor across the county line. Both counties had a Council on Aging and would pick up a person to take them to the doctor free of charge, but the line could not be crossed. Vice Mayor Schauer responded this was a problem between Palm Beach and Martin Counties, and not between the Village and Martin County. Ms. Town requested that the Village Council bring up this matter to County officials with whom they had a good working relationship. • Councilmember Dalack made a motion to approve Resolution 19-00/O1. Vice Mayor Schauer seconded the motion, which carried by unanimous 5-0 vote. C) Resolution No. 20-00/O1 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Awarding a Proposal to William H. Murphy General Contractor, Inc., of Hobe Sound, Florida, in the Amount of $28,803, for Renovations to the Tequesta Recreation Center, Having a FY 2000/2001 Capital Improvement Proposed Intra Fund Transfer of $35,000, and Authorizing the Village Manager to Execute the Applicable Contract on Behalf of the Village. Mayor Capretta read Resolution No. 20-00/Ol. Public Works and Recreation Director Gary Preston described the proposed renovations to the Tequesta Recreation Center which were required by the Health Department for an after-school program. Mr. Preston explained that Architect Randy Hansen had reviewed the bid and had advised that it was reasonable. • Vice Mayor Schauer made a motion to approve • VILLAGE COUNCIL MEETING MINUTES February 8, 2001 PAGE 11 Resolution 20-00/O1. Councilmember Genco seconded the motion, which carried by unanimous 5-0 vote. E) Resolution No. 22-00/O1 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Awarding a Proposal to Wynn & Sons Environmental Construction, Inc., of West Palm Beach, Florida, in the Amount of $12,965, for Repairs to Manhole Depressions in Tequesta Pines, Having a FY 2000/2001 Capital Improvement Fund Budget Allocation of $42,350, and Authorizing the Village Manager to Execute the Applicable Contract on Behalf of the Village. Public Works and Recreation Director Gary Preston reported that the 5-Year Capital Improvement Program included a project for overlaying all the roads in • Tequesta Pines next year, and that this work was required before the overlay could be done. Mr. Preston indicated the work could start in approximately three weeks, with completion estimated by April 15. Mr. Preston indicated this area was already sewered. Vice Mayor Schauer indicated it was great to see this being done. Councilmember Walker questioned whether splitting the work would affect the budgeted amount, to which Mr. Preston responded that this was a small project for the County and contractors used by them were designated for either small or large projects. Since the overlay was a large project, the contractor who did the small project of repairs could not be used for the overlay. Mr. Preston commented that there were 49 manhole covers in Tequesta Pines, and estimated that the entire project would cost $75,000, with $42,350 budgeted during the current year and the balance to be budgeted next year. Councilmember Walker made a motion to approve Resolution 22-00/Ol. Vice Mayor Schauer seconded the motion, which carried by unanimous 5-0 vote. • F) Update on Status of Creation of Neighborhood Parks • VILLAGE COUNCIL MEETING MINUTES February 8, 2001 PAGE 12 Councilmember Walker indicated she had requested this update, and that Village Manager Couzzo had written a letter dated February 2, 2001, which had been sent to all owners of vacant land. Councilmember Walker commented she did not consider purchase of 3 acres on U.S. Qne to be feasible. Councilmember Walker referred to a memo by Planner Kara Irwin dated November 27, .2000 titled Vacant Properties, which listed .Lot 1, Block 4 on Tequesta Drive as a possible site, as well as many sites in Cypress Ridge under $35,000. Councilmember Walker requested more attention to this issue. Councilmember Genco asked if the Village was looking for donations or if there would be costs, because so far the Village Council had only approved pursuing donated park space if it would not result in cost to the Village, and all of a sudden they were talking about costs. Councilmember Genco expressed .her. opinion that the • Village Council must be more reasonable in their requests to staff. Discussion ensued. Mayor Capretta suggested this project be dropped temporarily.. Councilmember Walker indicated that her purpose in requesting this work had been to answer concerns expressed by residents regarding lack of neighborhood parks and to .help the Village meet its Comprehensive Plan requirements for neighborhood parks. G) Consideration of Report on Publication of Village Council Meeting Agenda in the Jupiter Courier. Councilmember Walker indicated .she had made this request. in response to years of citizens' requests for this .information. The charge had been found to be $5.5.2.0 per month, or $662.40 per. year, which was not consistent with the amount of $310 quoted in the previous month's Village Manager's Report. Village Manager. Couzzo responded .that the quote in the Manager's Report had been. for an agenda the size that was given to the Village .Council; the example for $55.20 was the format used by the Town of Jupiter which was a scaled down version of the agenda. Vice Mayor Schauer indicated she liked the format of the highlights such as used by Jupiter, and asked where • VILLAGE COUNCIL MEETING MINUTES February 8, 2001 PAGE 13 the money could be found. Village Manager Couzzo indicated he believed there would be no problem finding .the funds. A reporter for the Jupiter Courier who was present in the audience verified that Friday afternoon was the deadline for submission for the Sunday edition. Village Clerk Manganiello explained that the agenda would not be ready in its entirety by Friday afternoon, but short titles could be submitted with the. understanding by the citizens that the agenda could be subject to change. Councilmember Walker commented that would need to be noted at the bottom of the agenda. The Village Manager indicated that changes would only occur in the event of an emergency in the department or if the Village Clerk or the Village Manager needed to make an administrative change at the last minute. The Village .Manager suggested also adding a statement that the entire agenda would be available at a specific time and place., i.e., outside Council Chambers on Monday morning. Vice Mayor Schauer indicated she had discussed .this with Commissioner Henderson_ from Jupiter. Mayor. Capretta recommended this. be done on a 60-90 d.ay trial basis, with the Village Manager providing a report at the end of the trial period .and the Village Council providing a report on feedhack they had- received. Councilmember Genco expressed her opinion this should be done and not as a trial. Joe Hall, ..1.59 Country Club Drive, suggested the agenda be placed in the.. Wednesday edition of the Courier.. Discussion ensued. Consensus was to use the local newspaper, Jupiter Courier, and to place the ad for four months in the Wednesday edition and then to consider it in the. budget process. There was no response from the public to Councilmember Dalack's question whether anyone present thought it was a bad idea to advertise the agenda in the Jupiter Courier. Dr. Carey, 199 River Drive, suggested asking the Jupitex Courier to publish the agenda free of charge for public relations. Dr. Carey commented that as a member of ACT, if the paper did not publish the agenda free, then the members could try not to VILLAGE COUNCIL • MEETING MINUTES February 8, 2001 PAGE 14 subscribe. Dr. Carey commented that he resented Mayor Capretta's tone and manner in addressing a Coun~ilmember for whom he had voted, and asked that he consider being more respectful. Councilmember Walker asked if the .Village Manager had ever asked that the agenda be published gratis, to which the Village Manager responded he had not done so. Councilmember Genco noted to Village Clerk Manganiello and was advised the Village Council had requested last year she look into this and she had done so, and the Jupiter Courier would do some things free of charge but. not this. particular item. Councilmember Walker made a motion to publish in the Jupiter Courier the agenda as recommended by Village Manager Couzzo .for a 6-month period. Councilmember Genco indicated she would like to amend the motion to publish the agenda but not for a specific time, to which Councilmember Walker agreed. Vice Mayor Schauer requested this be a line item ire the budget. Village Manager Couzzo stated this would be a line item in the Clerk's budget-. Village Attorney Randolph advised no motion was needed. VIII. UNFINISHED BUSINESS A) Ordinance - First Reading - An Ordinance of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Amending Chapter 14, Land Development, by Including a New Article VII, Preservation of Historic .and Specimen Trees and Native Species Essential to Preserving Native Habitats; Providing for Purpose and Intent; Providing for Definitions; Providing for Criteria; Providing a Procedure for Designation; Providing for Enforcement; Providing for Severability; Providing for Repeal of Ordinances in Conflict; Providing for Codification; Providing an Effective Date. Village Attorney Randolph read the above Ordinance on First Reading by title only. Director of Community Development Scott D. Ladd explained that the Village currently had twenty ordinances dealing with environmental issues and that a similar ordinance already in effect took care of VILLAGE COUNCIL `° MEETING MINUTES February 8, 2001 PAGE 15 trees on commercial properties, that this ordinance would affect the whole Village, and he believed it to be a good thing. Mr. Ladd noted that the next ordinance on the agenda needed a minor change to track changes in the first ordinance, and that he had compared these ordinances to the other environmental ordinances. Mr. Ladd responded to Councilmember Genco that he had been the staff member doing environmental assessments, along with an outside consultant, and that he had written most of the ordinances. Vice Mayor Schauer pointed out that Mr. Ladd worked closely with the Jupiter High School Environmental Academy, and that he had taken them to the St. Jude property to view scrub jays. Vice Mayor Schauer made a motion to approve the above ordinance on first reading by title only. Councilmember Genco seconded the motion, which carried by unanimous 5-0 vote. B) Ordinance - First Reading - An Ordinance of the Village Council of the Village of Tequesta, Florida, Amending Chapter V of the Code of Ordinances of the Village of Tequesta Relating to the Community Appearance Board, By Amending Section 7-7, Powers and Duties as the Official Tree Board of the Village; Providing for Severability; Providing for the Repeal of Ordinances in Conflict; Providing for Codification; Providing For an Effective Date. Village Attorney Randolph read the ordinance on first reading by title only. Director of Community Development Scott D. Ladd read into the record changes to be made on page 2, Section 2, paragraph 4 to include the words native or endangered. Village Attorney Randolph commented that the ordinance he had read was identical to the one just approved, and was provided with the correct ordinance, which added the duties of the Tree Board. The Village Attorney read the correct ordinance on first reading by title only. • VILLAGE COUNCIL MEETING MINUTES February 8, 2001 PAGE 16 Councilmember Genco inquired whether registered mail notices had been sent to property owners. Mr. Ladd responded that the only tree discussed to date was the large banyan at the entrance to Bay Harbor. Councilmember Walker reported receipt of a letter from M. Robert Steele requesting that a 101-year-old live oak be considered, which was the first private property tree of which she was aware. Councilmember Dalack expressed concern that the Village could be looking for trouble if this was not a voluntary program. The Village Attorney explained that it was not voluntary, and that the Community Appearance Board could offer a tree for consideration. Village Attorney Randolph explained that Palm Beach's ordinance was like this one, and that a private property owner could speak at the public hearing held when a tree on their property was considered. During discussion of appropriate species, Councilmember • Walker commented that she doubted the Tree Board would consider saving a ficus. Village Attorney Randolph read the correct short title. Peggy Verhoeven, Point Drive, expressed concern that historic designation of a large tree on her property could deter sale of the real estate. Attorney Randolph assured Mrs. Verhoeven that this was legal and that the Village Council had the authority to approve a designation on private property which would be recorded in the public records and would be made known to prospective purchasers through a title search. The Village Attorney explained that the purpose of the ordinance was so people would not remove the designated trees. Mrs. Verhoeven stated she was opposed to the ordinance, which could be in the way of a possible real estate deal. Mayor Capretta commented that there were already Village ordinances which prohibited building on sites habituated by scrub jays. Councilmember Genco indicated there were ways of getting around the ordinance such as a situation in Broward County where • a tree had been trimmed, root pruned, and moved, and noted it depended on the specie whether the tree • VILLAGE COUNCIL MEETING MINUTES February 8, 2001 PAGE 17 should be preserved. Robert Steinborg, 194 Golfview Drive, suggested that if a property owner had a large tree they did not want that they contact a tree nursery, who would usually take the tree. Councilmember Dalack commented part 5 was too broad, to which the Village Attorney responded that section was not new, and was what the Tree Board already did, and that the underlying ordinance had provisions for enforcement. Village Attorney Randolph explained that this ordinance was merely amending the duties of the Community Appearance Board to allow them to implement this program, and that the Tree Board's function was to make recommendations to the Village Council, who had the final say. • Councilmember Genco made a motion to approve the above Ordinance on First Reading by title only. Councilmember Walker seconded the motion, which carried by unanimous 5-0 vote. IX. ANY OTHER MATTERS Vice Mayor Schauer reported she and the Village Manager had looked at skateboard parks and municipal centers, and distributed coasters to the Village Council, Village Manager, Village Attorney, and Village Clerk which had been given out at the grand opening of the municipal center where Mrs. Couzzo was employed. Vice Mayor Schauer commented on three-dimensional art work which she had seen featured in the lobby at that municipal center and suggested the possibility of having the Tequesta Indian logo expanded to be three-dimensional so that it might be placed in the new municipal center lobby and Council Chambers. Vice Mayor Schauer reported she had attended a meeting at Palm Beach County regarding the Riverside Drive sidewalks, • and that the sidewalk would be installed along the west side of the street. • VILLAGE COUNCIL MEETING MINUTES February 8, 2001 PAGE 18 Vice Mayor Schauer explained that she had received a telephone call from Dr. Murphy relating to a problem with the future construction of Jupiter High School, regarding acquiring property in front of the school to meet drainage requirements of South Florida Water Management District. It was the consensus of the Village Council to authorize Mayor Capretta to sign a letter to the School Board to let them know Tequesta was monitoring their actions and expressing Tequesta's support for Jupiter High School. Vice Mayor Schauer announced that streetlights were scheduled to be installed by FPL on Seabrook Road near Tequesta Pines on February 20, 2001. Mayor Capretta questioned whether the newsletter had addressed the digging that was going on all over town. Village Clerk Manganiello responded that there had been a recent article about streetlights on Seabrook Road near Tequesta Pines and in • Phase Two of the sewering project, and the long-term program would be discussed in a future issue covering every streetlight site in the Village and the number of lights. Mrs. Hutchinson commented that their road had been paved last year but no streetlight had been installed and questioned how long they would have to wait to get a light . Councilmember Genco reported she had read the Community Appearance Board meeting minutes and had been concerned with the placement of live oaks on Seabrook Road. Ms. Genco explained she had been involved in a development in West Palm Beach in 1984 where live oaks with 2" diameter trunks had been installed and that 12 years later the trees were huge with heights of 50' and 150' canopies, and the cost to trim them was $20,000-$25,000 annually. Councilmember Genco expressed concern that a future problem might have been created, and that the trees should be spaced farther apart. Councilmember Genco recommended that the Community Appearance Board start thinking about what would happen in 15-20 years and the cost to maintain trees in the future. Councilmember Genco requested clarification regarding a letter from resident Jim Humpage to the Village Clerk requesting material, and stated she felt when people asked for material it should be provided unless the request was extremely burdensome. Village Manager Couzzo responded that • VILLAGE COUNCIL MEETING MINUTES February 8, 2001 PAGE 19 a specific request must be made for a public document in order for the Village Clerk to properly respond, and if it was the desire of the Village council to have Administration do that work and then respond, that was different. Councilmember Genco commented she would like the residents to be able to ask for something in a general manner. Village Manager Couzzo explained that residents should make general requests through the office of Administration and not through the Village Clerk; or if the request was for a specific document then the request should be made of the Village Clerk. Mr. Couzzo noted if the request was for research and analysis that was the responsibility of Administration. Councilmember Walker reported she had appeared before the Jupiter Town Council to present the draft overlay project for U.S. One and Old Dixie Highway for their review. Ms. Walker noted the presentation had been very well received by Jupiter. Councilmember Walker reported that she had made the presentation to Commissioner Karen Marcus the next day, which had also been well received. Councilmember Walker explained that the overlay was similar to one approved the day before by the County Commission for Northlake Boulevard recently developed by Palm Beach Gardens, Palm Beach County, North Palm Beach, and Lake Park. Councilmember Walker commented on the South Florida Water Management District Phase II water restrictions and the possibility of going to Phase III, and suggested that the Village, along with the entire North County, might want to provide input to South Florida Water Management District, since this area did not directly draw their water from Lake Okeechobee. Vice Mayor Schauer reported that St. Jude had petitioned for a variance but had had no response to date. Vice Mayor Schauer suggested an item regarding water restrictions be placed in the newsletter since this was a very serious issue. Councilmember Genco commented that South Florida already had an exemption for new landscape installations allowing 30 days of watering, and commented that the biggest problem in Tequesta was salt water . intrusion, and even though this area did not directly draw potable water from Lake Okeechobee, the entire system was interlinked and was being evaluated, and did not believe • VILLAGE COUNCIL MEETING MINUTES February 8, 2001 PAGE 20 an exception should be requested. Councilmember Walker indicated she was asking to be involved and that this item would be on a public agenda and open for public comments. Councilmember Genco indicated South Florida would issue an order. Hal Hutchinson commented that the public would not have a vote. Councilmember Genco commented that the Village could request they be on the mailing list for notification, but any input would be futile. Village Manager Couzzo commented the Village was involved and needed to stay involved to understand the impacts, and was currently looking at how reduction in consumption would impact the Village's revenue stream, and would keep the Council more advised. It was noted that Martin County was not on water restrictions, while the Village-which was on restrictions--was providing water to them. Police Chief Allison reported Sgt. Irovando had attended a meeting that day with South Florida Water Management and had obtained brochures regarding each phase of the restrictions. Chief Allison announced that the information would be available in the lobby of the Police Department the next day and would be provided to the Village Councilmembers, and that meetings were scheduled for the next week with the State's Attorney and law enforcement officials to unify and standardize the restrictions. Harold Taylor commented that he had discussed enforcement with Chief Allison before this meeting, reported six houses were still watering their lawns, and stated that if the restrictions were not enforced then Phase III would be instituted. Chief Allison indicated that the first step was to educate the public and that hangers were being placed on door knobs of violators. If there was not compliance, the next step would be a notice of violation, then notice of hearing, then appearance before the Special Master; however, that could change if the County unified enforcement. Chief Allison indicated work was being done on the problem of 12-day cycle sprinkler systems. Vice Mayor Schauer reported she had referred callers to the Water Department who did not know how to change their timers. Councilmember Walker requested consideration for the March agenda to include a request from Lighthouse Habitat for • Humanity for Village sponsorship and involvement. Village Manager Couzzo indicated that might be done through employee volunteers. • VILLAGE COUNCIL MEETING MINUTES February 8, 2001 PAGE 21 X. Councilmember Councilmembers Bill Reese of important. Walker requested attention by the other to a letter dated February 5, 2001, from Reese Macon & Associates, which was very Councilmember Genco inquired regarding the status of the contact with Lighthouse Gallery that Vice Mayor Schauer was going to make. The Vice Mayor responded that she had forgotten, but would follow up. ADJOURNMENT Councilmember Genco moved that the meeting be adjourned. Vice Mayor Walker seconded the motion, which carried by unanimous 5-0 vote. The motion was therefore passed and adopted and the meeting was adjourned at 9:34 p.m. Respectfully submitted, ~~. Betty Laur Recording ATTEST: ~~p.~- Jo nn Manganiel Village Clerk DATE APPROVED: ~L,t.-c.i~~ Secretary