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HomeMy WebLinkAboutMinutes_Regular_11/16/2000• 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 VIIfLAGE COUNCIL MEETING MIlVUTES NOVEMBER 16, 2000 • • 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, November 16, 2000. The meeting was called to order at 7:05 P.M. by Mayor Joseph N. Capretta. A roll call was taken by Betty I,aur, 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 Clerk Joann Manganiello, and Department Heads. Village Attorney John C. Randolph arrived at 7:08 p.m. INVOCATION AND PLEDGE OF ALLEGIANCE Mayor Capretta gave the Invocation and led those in attendance in the Pledge of Allegiance to the American Flag. APPROVAL OF AGENDA Councilmember Genco requested item H on the Consent Agenda be stricken. Councilmember Walker requested items H and G on the Consent Agenda be stricken. Councilmember Walker requested a change in time to the December 14 Council Meeting listed at the end of the Agenda to 6 p.m. to include the Meet and Greet portion of the meeting. Village Clerk Manganiello Recycled Paper VILLAGE COUNCIL MEETING MINUTES November 16, 2000 PAGE 2 responded that her intent was to notice the Meet and Greet session separately, and it had been omitted in error from tonight's agenda. Councilmember Walker requested item VIII(D) be pulled from the agenda. Councilmember Walker requested a new agenda item be added as noted in a 11/15/00 fax from the Manager's office. Councilmember Genco commented an item under New Business could not be pulled, to which Councilmember Walker responded that the placement of item VIII (D) was contrary to the policies and procedures adopted in the November 3, 2000 Village Council Workshop. Councilmember Genco responded by quoting from the minutes of the workshop meeting: Attorney Randolph advised that it was not appropriate to bring up a new matter to be voted on that night .....; however, under Any Other Matters was the time to request an item be added to the agenda for the next meeting. Councilmember Genco commented there would be some minor items.... which had been discussed, and also on the prior page of the minutes it had been noted that scenarios where when a Councilmember wanted something done by staff it would be added to the Agenda under New Business. Vice Mayor Schauer commented she had been irritated to see this added to tonight's agenda since she had been under the impression that it should have been requested at the last Council meeting to be on this agenda; and commented that she had asked for an item to be placed on the agenda which was reconsideration of the Country Club sidewalk vote, and had understood since she did not bring it up at the last meeting it could not be on this agenda. Councilmember Genco commented she had officially requested this item be added to the next agenda at the October 12 meeting, and quoted from those minutes. Councilmember Genco indicated she had followed the procedure, even though the Village Council had agreed on that procedure after the fact. Councilmember Walker requested comments from the Village Attorney. Village Attorney Randolph commented that the Village Council was going to have to make a decision how to handle this type of procedure, which had been one of the items that prompted the workshop, as to whether one member of the Village Council should be able to direct staff to bring an item back for the next agenda. The Village Attorney commented that the workshop had also been called to provide direction • on several items to the new Village Manager. Attorney Randolph commented the discussions at the workshop had been VILLAGE COUNCIL MEETING MINUTES November 16, 2000 PAGE 3 ----------------------- that if an item was going to be added to the agenda it was not appropriate to bring it up at that particular agenda but that it should be brought up under Any Other Matters when it would be determined whether to add it to the next agenda. The Village Attorney reported he had had a conversation with Councilmember Genco regarding the item she wished to discuss at this meeting that the direction at the workshop meeting had been to bring up the item under Any Other Matters as a request to have it placed on the next agenda. The other interpretation was that the intent of the workshop discussion had been that if one of the Councilmembers asked to have an item added for the next agenda that there would be a vote of the Village Council as to whether the Village Council wanted it added to the next agenda. Attorney Randolph commented that he had told Councilmember Genco that in other jurisdictions with which he was familiar, when someone asked to add an item there was a vote of the full Village Council as to whether the • Council wanted it added to the next agenda. The Village Attorney advised this was a matter for the Village Council to decide how they wanted to proceed in such matters, that this item had been discussed at the last workshop as an example, and that the Village Council must decide on a procedure and stick to it. Councilmember Genco stated it was her recollection that point was not clarified at the workshop whether to have a full vote. Councilmember Walker requested a roll call vote in regard to her request to strike item VIII (D). Councilmember Genco stated that an item could not be stricken until the item was on the table since that did not follow Robert's Rules. The summary of what was discussed at the workshop was referred to, but it was stated that the portion pointed out did not answer the question under discussion. Councilmember Dalack recalled that at the workshop meeting the Village Council had decided they would not vote at a meeting on an item brought up for the first time at that meeting. Village Attorney Randolph noted that was correct. Councilmember Dalack indicated that at the last regular Village Council meeting Councilmember Genco had brought up the substance of this item; therefore, it did not violate the rule to not vote on an item brought up for the first time, and it was appropriate for it to be on tonight's agenda. Councilmember Walker noted when the Agenda for the November 16 meeting was publicly noticed, this item was not on that VILLAGE COUNCIL MEETING MINUTES November 16, 2000 PAGE 4 agenda, but was added on November 15 at hour 15:16, and asked whether that was sufficient time to provide notice so that members of the public who wished to be present for this item could attend and if this was sufficient notice under the Sunshine Law. Attorney Randolph advised it did not violate the Sunshine Law; that this was a simple matter-that when the Council got to that item on the agenda if they wished to defer the item they could do so by making a motion to defer and by it passing by at least a 3-2 vote. The Village Attorney advised that the Village Council did have to make a determination regarding adding agenda items in the future so these discussions did not have to be held in the future; and one of the concerns which was raised was that when one person raised an item and wanted it placed on the agenda it was decided they should not be able to bring it up and vote on it then because staff would not have had an opportunity to get backup and be prepared to comment. The remaining question was if someone wanted to • put something on a subsequent agenda could they do that by just one individual requesting it or should it be done by bringing it up under Any Other Matters, discussing it, and then 3 out of 5 making a determination whether or not it would be placed on the agenda. Village Attorney Randolph commented that one of the problems in noticing an item for the agenda the day before related to staff being able to have enough time to gather information; that he was letting the Village Council know they must make a decision; and that it had not been made clear enough. Mayor Capretta commented the Village Council had agreed at the workshop that when someone brought up an item, neither discussion by a citizen or the Village Council or a vote would be allowed that evening, but a decision had not been made whether a motion and a second or a full vote was required. Village Clerk Manganiello commented she had just handed the Village Attorney the full transcript of the November 3 Village Council workshop where that had been addressed. The Village Attorney read the following excerpt from the minutes of the November 3, 2000 workshop meeting: Attorney Randolph advised there were disadvantages to voting on new items which were that if Councilmembers knew they could add a new item and attempt to talk the other members into voting on it that night it allowed for the agenda to be prolonged; the public had not been notified that item would be discussed that night because it was not VILLAGE COUNCIL MEETING MINUTES November 16, 2000 PAGE 5 on the agenda; and the staff and the rest of the Councilmembers might not be prepared to address that particular item. Councilmember Dalack expressed his opinion that as a matter of standard policy the Village Council should not vote on any item which was not on the agenda, particularly because the public would not know it was going to be voted on. Attorney Randolph commented that did not address the topic now being discussed, and stated the Village Council had not decided anything at the workshop because decisions could not be made at a workshop; they had been there to discuss the kinds of problems being discussed tonight; the decision could only be made at a public meeting; that even the procedures were not in effect until they were adopted at a public meeting; and that the Village Council must decide what they felt was the best way to address the matter and then vote on it. Village Attorney Randolph commented that the vote on the agenda tonight would probably be the same whether the motion was to strike now or to defer when the item was presented. Councilmember Walker stated she wished to withdraw her request to strike VIII (D) and that she would like to discuss the problem now being discussed under Any Other Matters. Vice Mayor Schauer requested that the following items be added under Any Other Matters: (1) Reconsideration of the vote on the Tequesta Country Club sidewalk made at the last meeting, and {2) Village of Tequesta school boundaries update. The Vice Mayor stated she had intended to pull items 4(B) and 4(C) from the Consent Agenda, however, the errors in the minutes had been corrected. Village Clerk Manganiello commented she had provided to the Village Councilmembers the corrected pages from the minutes of the June 7, 2000 Public Safety Officers' Pension Trust Fund Board Meeting and the June 7, 2000 General Employees' Pension Trust Fund Board Meeting. Vice Mayor Schauer noted Any Other Matters would be agenda item IX and Adjournment would be item X. Councilmember Genco made a motion to approve the agenda as amended. Councilmember Walker seconded the motion. Mayor Capretta requested a roll call vote. The vote on the • motion was: VILLAGE COUNCIL . MEETING MINUTES November 16, 2000 PAGE 6 ----------------------- Joseph N. Capretta - for Elizabeth A. Schauer - for Basil E. Dalack - for Geraldine Genco - for Sharon Walker - for The motion was therefore passed and adopted and the Agenda was approved as amended. Mayor Capretta explained the new order of calling the roll for a roll call vote was to first call the name of the maker of the motion, next to call the name of the person who seconded the motion, then the remaining members of the Village Council, except to call the Mayor last. Mayor Capretta explained that there would not be roll call votes unless there was controversy or unless a roll call vote was requested. . Mayor Capretta explained that the order of some of the agenda items had been changed. IV. CONSENT AGENDA It was noted there were no longer asterisks in front of the Consent Agenda items since they were grouped together. (A) (B) (C) (D) (E) • (F) Proclamation Declaring the Month of November, 2000, National Epilepsy Awareness Month. Approval of Public Safety Officers' Pension Trust Fund Meeting Minutes, June 7, 2000. Approval of General Employees' Pension Trust Fund Meeting Minutes, June 7, 2000. Approval of Community Appearance Board Meeting Minutes, September 27, 2000. Approval of Village Council Meeting Minutes, October 12, 2000. Approval of Village Council Workshop Minutes, November 3, 2000. VILLAGE COUNCIL • MEETING MINUTES November 16, 2000 PAGE 7 (I) Resolution No. 4-00/01 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Approving a Community Policing Partnership Memorandum of IInderstanding Between the Florida Department of Corrections and the Village of Tequesta Police Department and Authorizing the Village Manager to Execute the Same on Behalf of the Village. (J) Resolution No. 5-00/01 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Approving a Proposal From Duval Ford, of Jacksonville, Florida, for One Ford Crown Victoria and One Ford Taurus per the Florida Sheriffs Association Bid Award 00-08-0905 in the Amount of $38,927.00, Having a FY 2000/2001 General Fund Police Department Budget Allocation of • $45,600.00 and Authorizing the Village Manager to Execute the Applicable Contract on Behalf of the Village. (K} Resolution No. 6-00/01 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Authorizing the Village to Enter into a Statewide Mutual Aid agreement with the State of Florida and Other Municipalities and Counties Within the State and Authorizing the Village Manager to Execute the Applicable Agreement on Behalf of the Village. Items (G) and (H) were pulled from the Consent Agenda. Vice Mayor Schauer made a motion to approve the Consent Agenda. Councilmember Genco seconded the motion, which carried by unanimous 5-0 vote. V. CONIlKUNICATIONS FROM CITIZENS Karen Flint, Tequesta Pines, expressed concern with the debates regarding the location of the Municipal Center and . that the Comprehensive Plan of the Village did not meet the requirements for neighborhood parks and green space. Mrs. • VILLAGE COUNCIL MEETING MINUTES November 16, 2000 PAGE 8 Flint disagreed with abolishing the Village Green and requested that the Village Council adopt an Ordinance to preserve this space and to meet the Comprehensive Plan guidelines within 5 years. Mrs. Flint favored increasing the Village Center project to include green space, and noted there was grant money available so that this could be obtained as an asset for the Village at no cost to the taxpayers. Mrs. Flint volunteered to assist in drafting such an ordinance. Harold Taylor, 13 Chapel Court, suggested at the beginning of meetings a small mini course in civic government be held, with a maximum of a one-page handout given to the public on the subject discussed, so that the residents could learn something about how the Village operated. Mr. Taylor suggested that the first item could be an organization chart, since the public had no idea who the Village employees were or what they did, and that phone • numbers for Department Heads and Village Councilmembers could be provided. Mr. Taylor suggested that the next lesson could be all sources of revenues received by the Village; next could be where the money went, and next how to get from where the money came in to the money leaving, and how the general fund and operating fund worked. Since the people really had no idea what the employees did and what the organization was, Mr. Taylor expressed his belief this would help some of the animosity go away. Village Manager Couzzo commented that the audience was not aware that he would be present for an hour before each Council meeting to address these types of issues. Mayor Capretta commented one of the things that got Mr. Couzzo a 5-0 vote during his interview had been his ability to present financial data in an understandable way, and advised that the Village was trying to make improvements. Councilmember Walker suggested that the Village Manager be the first to write a column for Smoke Signals and that he announce in his article that he was present prior to each Village Council meeting. Vice Mayor Schauer agreed, and asked Mr. Couzzo to mention certain items he thought were of interest and that he thought people would like to have addressed. The Village Manager stated he would be happy to do so. • Vi Laamen, 12 Palmetto Way, expressed interest in open land and noted she had suggested two years ago that the Village • VILLAGE COUNCIL MEETING MINUTES November 16, 2000 PAGE 9 Council look into purchasing the vacant land across from the railroad tracks, and requested that the Village Council look into that again. Mrs. Laamanen expressed concern that there were serious problems between the residents and engineers working in Tequesta Country Club on the sewering project, and many things were happening that should not. Mrs. Laamanen requested the help of the Village Council to resolve problems and suggested a meeting be called with the Country Club residents and the people managing the project. Mayor Capretta advised that if one contractor could do phase II that would simplify matters, however, that had not yet been resolved. Mayor Capretta commented he favored going into neighborhoods such as Tequesta Country Club or The Pines, etc., and purchasing empty lots for use as neighborhood parks, particularly for use by small children. Mr. Couzzo indicated he would look into that possibility. Richard Berube requested an update on the sidewalk issue • at Tequesta Country Club, and Mayor Capretta explained that at the last Village Council meeting the Village Council had voted to pay to fix the sidewalk but some had now changed their minds and did not want to spend Village funds to repair a sidewalk torn up by a private group, and this subject was scheduled under Any Other Matters at tonight's meeting. Mr. Berube advised he could not stay and would like to remind the Village Council they had paid approximately $8,000 for a crosswalk sign, so this was not out of the ordinary, and he was in favor of it. Mr. Berube reported Mayor Capretta had spoken at the Chamber of Commerce and that his speech had been most entertaining and the Village had been well represented by the Mayor. Mr. Berube noted it was important to advise the public that Village Manager Couzzo was going to be present an hour ahead of Council meetings and that the members of the Village Council would not be present because that could conflict with the Sunshine Laws; therefore, residents could get answers without Village Council members being in the room. Mayor Capretta commented that at that morning's Chamber of Commerce meeting the Mayors of Jupiter and Juno Beach had been present and it had been a very good meeting. Mayor • Capretta noted the Chamber of Commerce was a good organization and supported many of the activities of the VILLAGE COUNCIL MEETING MINUTES November 16, 2000 PAGE 10 ----------------------- Village in this area and represented the business community. IV. Village Clerk Manganiello advised that two Consent Items had been pulled and needed to be discussed. G) Approval of Village Manager's Report, October 9 - November 10, 2000. Councilmember Walker advised she had requested this item be pulled, and asked Mr. Couzzo to work on this report and then re-submit it with details of staff meetings so that the Village Council would know what was coming up, what staff was working on, and could direct any questions to the proper member of staff. Councilmember Genco stated her preference for more detail also. Village Manager Couzzo indicated he had learned late that this was • a Charter requirement and was now keeping a daily log in order to provide more detail. Mayor Capretta requested it be noted on the report when an item was confidential. Councilmember Genco commented that the Councilmembers could follow up by looking at the Village Manager's reading file. The Vice Mayor indicated she saved the Manager's reports, and that information from staff meetings could be useful if residents called with questions. Mr. Couzzo advised that minutes of staff meetings would be kept. {H) Resolution No. 3-00/O1 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, approving a Proposal from Bluestar Communications, Inc., of Boca Raton, Florida, for Equipment and First Year Operation of a Real Private For Network, Providing Connectivity Among Four Sites Housing Village Governmental Offices, Providing Internet Access, Providing E- mail Service, and Providing Web Hosting for the amount of $11,290.00 with Funds being appropriated from the General Fund Undesignated Fund Balance, • Having a FY 2000/2001 Balance of $1,586,071 and Authorizing the Village Manager to Execute the • VILLAGE COUNCIL MEETING MINUTES November 16, 2000 PAGE 11 Applicable Contract on Behalf of the Village. Councilmember Genco advised she had requested this item be pulled from the Consent Agenda to obtain more information, and to assure that administrative employees would be blocked from certain outside access. Police Chief Allison explained the Village had a Computer Committee made up of each Department Head which had addressed Y2K, standardized software and selected software for Finance and Community Development Departments. Although each department had very good software, because of a connectivity problem they had been unable to share data. With the DSL technology provided by Bluestar the problem would be solved for the present and Bluestar had agreed to move the system to a new location for free when facilities were ready. On-Site would provide the firewall. Chief Allison described features of the proposal, including low up-front cost and low cost to connect the network, internet access, military spec security for networking, 20 mg space for an internet site, unlimited e-mail accounts, virus protection and backup to an isolated server. Chief Allison recommended tracking software for improper access by employees. Councilmember Genco commented she was happy the Village was taking this step. Councilmember Genco commented an addendum was needed to limit the contract for one year. Village Attorney Randolph advised he had prepared a revised addendum in which indemnification had been stricken and the contract limited to one year. Councilmember Walker questioned where the server would be physically located, to which Chief Allison responded telephone lines would run from each building to the telephone office in Jupiter, who would connect the lines. Councilmember Walker stated she agreed a firewall was needed to protect from outside coming in and commented that access should not be allowed from a staff person's home. Chief Allison responded that had not been quoted. . Councilmember Genco made a motion to approve items G and H which had been pulled from the Consent • VILLAGE COUNCIL MEETING MINUTES November 16, 2000 PAGE 12 ----------------------- Agenda. Councilmember Walker seconded the motion. Village Attorney Randolph read Resolution 3-00/O1 by title. Motion carried by unanimous 5-0 vote. VI. PRESENTATIONS Commendation for Outstanding Performance of Duty as Acting Village Manager to Joann Manganiello, Assistant Village Manager/Village Clerk. Mayor Capretta read aloud the commendation for outstanding performance of Joann Manganiello. Ms. Manganiello expressed her appreciation for the recognition and stated her desire to share this award with the Department Heads, explaining that it had truly been a team effort. Mayor Capretta reported Scott Ladd had suffered a heart • attack several weeks ago but was recovering fully and planning to return to work. VII. DEVELOPMENT MATTERS A) Site Plan Review for Proposed Change in Signage for Alterra (Clarebridge, Crossings, Sterling House I and Sterling House II) to allow for additional entrance signage, individual building monument signage and directional signage within the Alterra Campus. Robert Gralak, Flamingo Signs, as agent for the applicant. (A Quasi-Judicial Hearing) A) Swearing-In of Witnesses, if Required Village Clerk Manganiello swore in all those intending to speak. B) Disclosure of Ex Parte Communications Vice Mayor Schauer reported she drove by the site several times a day. • C) Testimony of Witnesses and Cross Examination, • VILLAGE COUNCIL MEETING MINUTES November 16, 2000 PAGE 13 if Any Planner Kara Irwin testified that Alterra had joined the four units into one campus and was requesting changes in the originally approved signage. The Crossing name was to be changed to Villas. Planner Irwin described the requested signage changes. Councilmember Dalack requested clarification as to when the Community Appearance Board would see this project, to which Ms. Irwin responded that if the Village Council approved, it would then be sent to the Community Appearance Board. The Vice Mayor questioned whether landscaping would be changed, to which Ms. Irwin responded only signage would be changed. Councilmember Genco questioned what the Community Appearance Board would be approving, to which Ms. Irwin • responded they would look into the aesthetics. Vice Mayor Schauer commented if Ms. Genco had a problem with lettering or anything on the sign now was the time to bring it up. Councilmember Walker commented the applicant had changed their color scheme to putty and red, and the new signage would not compliment the building color. Councilmember Walker stated she liked the design but would not approve the color and requested that the Community Appearance Board be offered the opportunity to make the final decision on the sign colors. Councilmember Walker asked whether Alterra felt they needed that much signage inside their complex, to which the answer was yes. Councilmember Walker stated she had a problem with the existing color of the building. Councilmember Genco expressed her feeling that it was the role of the Community Appearance Board to make the signage cohesive and there needed to be conformity in the signage of different developments throughout the Village. Councilmember Genco commented this type of issue would be resolved • if the Community Appearance Board saw projects f b h ore t e ey were presented to the Village VILLAGE COUNCIL • MEETING MINUTES November 16, 2000 PAGE 14 ----------------------- Council. Councilmember Walker expressed concern that the applicant would be back in a month to request a change in the color scheme for the buildings, to which she was opposed. Mayor Capretta commented he had favored a color scheme for the whole town but he had been told not to go to meetings and suggest what he wanted, with which the Village Attorney concurred. Village Attorney Randolph advised input from the Community Appearance Board could be requested or the order could be changed to have that Board review projects first. Discussion ensued. Village Attorney Randolph explained that the Village Council was required to approve signage in the mixed use district. Vice Mayor Schauer questioned whether the Community Appearance Board would receive notice of comments by the Village Council or a copy of the minutes, to which Ms. Irwin responded by outlining the procedure followed and verifying that the Community Appearance Board would be apprized of the comments by the Village Council. Councilmembers Dalack and Genco expressed their opinion that it would be better for the Village Council to have comments ahead of time from the Community Appearance Board. The Village Attorney advised that the Village Council's action would be subject to changes by the Community Appearance Board and the Council's comments would be passed on to the Board. Mayor Capretta requested that Village Manager Couzzo prepare for the Village Council an outline of the process for projects, after which the Village Council could discuss whether they wanted to make any changes to the process. Vice Mayor Schauer noted that this applicant was changing the signage from the original approved signage and requested in the future that the Village Council be provided with the original approved items so they could note the differences. • Robert Gralak, Flamingo Signs, agent for the VILLAGE COUNCIL • MEETING MINUTES November 16, 2000 PAGE 15 applicant, was sworn in by Village Clerk Manganiello, discussed the proposed signage, and explained that the signage reflected the new corporate identity of Alterra. Vice Mayor Schauer discussed the history of the Sterling House project, and requested the applicant use the originally approved colors on this signage design, and Councilmember Walker made the same request. The Village Attorney advised that could be made a condition of a motion to approve. Mr. Gralak was advised if Alterra had a problem with this they would need to come back before the Village Council. Mayor Capretta received clarification from Planner Irwin that approval of the signage was not an implication the applicant would be allowed to occupy the buildings. Mayor Capretta explained that they could not move into the building . that was almost finished until the other building was 50o complete, which was a condition that was made to prevent having an empty unfinished building. Vice Mayor Schauer had already indicated her ex-parte communication; all other members of the Village Council indicated they had had none. D) Finding of Fact Based on Competent, Substantial Evidence: Councilmember Walker made a motion to approve the change in signage for Alterra as amended to require the applicant to use the originally approved colors on this signage design,. Vice Mayor Schauer seconded the motion, which carried by unanimous 5-0 vote. (B) Site Plan Review for Proposed Lighthouse Key, a Proposed Planned Mixed-Use Development (PMUD) within the Mixed-Use District Consisting of 134 Units on 7.45 Acres of Land. George G. Gentile, • Gentile, Holloway, O'Mahoney & associates, Agent VILLAGE COUNCIL • MEETING MINUTES November 16, 2000 PAGE 16 for Applicant. (A Quasi-Judicial Hearing) A) Swearing-In of Witnesses, if Required Village Clerk Manganiello swore in all those intending to speak. B) Disclosure of Ex Parte Communications Vice Mayor Schauer reported she drove by the site each day as she went to work. Mayor Capretta reported he had reviewed the proposal and discussed it with everybody. Councilmember Genco reported she had discussed the project with staff and people from the Village. Councilmember Dalack reported he had received two phone calls from residents asking that this project be approved. Councilmember Walker reported she had had no ex-parte communications. C) Testimony of Witnesses and Cross Examination, i f Any George Gentile, agent for the applicant, explained that Centex Homes was developing this project, and introduced Mike Nissenbaum, Project Coordinator with Centex Homes. Mr. Gentile provided highlights of the project, consisting of 16 buildings with 134 condo units with enclosed garages sold fee simple. Additional parking would be outside the unit on the street, and in designated guest spaces. Mr. Gentile described the main entrance on Tequesta Drive, advised that this was not a gated community, that there was unrestricted access, that roads would be designated private so the Village would incur no costs for maintenance, that all infrastructure would be borne by the development, that there would be a second access on Old Dixie Highway, that brick pavers would be used at accesses, that • a lift station on the corner would be walled off from Tequesta Drive and fenced and heavily • VILLAGE COUNCIL MEETING MINUTES November 16, 2000 PAGE 17 landscaped. Mr. Gentile described the swimming pool, cabana, and tot lot amenities. Building elevations, colors and materials, and landscaping were presented and described. The proposed parking consisted of 313 spaces which included 2 spaces for each unit plus an additional 45 guest spaces. Mr. Gentile reported units would range from 1,088 square feet to 1,800 square feet, and would be priced from $130,000 to $160,000. Councilmember Dalack asked if this project was not approved whether other kinds of dwellings could go into that area with people living there, to which the response was yes. The number of potential 3-bedroom units and the tot lot were discussed. Mr. Gentile explained that the tot lot was intended primarily for • grandchildren or visitors of the residents, since families did not tend to buy these types of units. Counting a parking space inside a garage was discussed. Councilmember Genco felt there was not sufficient parking, particularly for 3-bedroom units occupied by families, which she predicted would buy those units. Demographics were discussed. Councilmember Walker requested the following changes in landscaping: 1) Live Oaks - increase from 12' overall to 14'- 18' 2) Laurel Oaks - increase from 12' to 14'- 18' 3) Southern Magnolia - increase from 12' to 14'-16' 4) Green 2'-6' found 5 ) Washi~ • 14' - 6 ) Queen Malayan Coconuts - increase from overall to 8' if they could be zgtonian Palms - reduce height to 18' except at entry Palms - reduce to 16' to 18' VILLAGE COUNCIL MEETING MINUTES November 16, 2000 PAGE 18 7} To add oaks on the exterior wall between the wall and sidewalk on Old Dixie Highway if possible, to which Mr. Gentile indicated he could change the location of the proposed oaks and discussed the new locations. Councilmember Walker estimated nine additional oaks. 8) To eliminate the spider lily in favor of another native plant. 9} To beef up the landscaping at the corner of Old Dixie Highway and Tequesta Drive. 10) To make the two dead ends at the north side of the project prettier. Councilmember Walker requested the applicant reconsider the location of the tot lot to see if it could be moved farther back. Councilmember Walker stated she did not like the name Lighthouse Key. Discussion ensued regarding possible names. Other items discussed included the temporary sales trailer and its landscaping, the school age children agreement, materials used for patios, increased population which could increase the comprehensive plan green space amounts required, parking on streets, pool gates, streetlights, comparison of parking and green space to Tequesta Oaks, and marketing research. Parking was discussed extensively. Mayor Capretta recommended allowing the Homeowners Association to require that additional parking spaces be developed if parking became a problem. Councilmember Dalack expressed his preference that the Village purchase this land for a park. Russell Von Frank, 489 Dover Road, and Gary Von Brock were sworn in by Village Clerk Manganiello. Mr. Von Frank suggested negotiating with the developer to use half the land for a park and the other half for development. Gary Von Brock commented this project was being compared to Tequesta Oaks when there was a big difference, especially in VILLAGE COUNCIL MEETING MINUTES November 16, 2000 PAGE 19 parking, because this project had flexibility with this plan to provide additional parking if needed. Mr. Gentile offered to use green space to add additional parking, and reported his parking calculations. Councilmember Walker requested the grass area remain with the option for the Homeowners Association to add the parking spaces if they were needed. Mayor Capretta agreed. Ms. Irwin reported population calculations for Tequesta Oaks and for this project. Parking ratios compared to Tequesta Oaks were discussed. Mr. Gentile clarified that the streets would be public but maintained by the Homeowners Association. Councilmember Walker made a motion to approve the site plan for the proposed Lighthouse Key development with the condition that all of the optional parking spaces remain • green space and that it be in the Homeowners covenants that if parking became a problem that the applicant come back to the Village Council, with the condition that the landscaping changes requested be made, and with the condition that the name of the project be changed and brought back to the Village Council for approval. Vice Mayor Schauer seconded the motion. A roll call vote was requested by Mayor Capretta . The vote on the motion was Joseph N. Capretta - for Elizabeth A. Schauer - for Basil E. Dalack - against Geraldine Genco - against Sharon Walker - for The motion was therefore passed and adopted. VIII. NEW BUSINESS A) Resolution No. 7-00/01 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Approving the Bid Award for • the Construction of Main Street (Tequesta Drive to • VILLAGE COUNCIL MEETING MINUTES November 16, 2000 PAGE 20 Bridge Road), Tequesta Village Center, to Rosso Paving, of West Palm Beach, Florida, in the amount of $161,517.10, with funds being appropriated from the Capital Projects Fund Account, Having a FY 2000/2001 Budget Allocation of $112,000, the Stormwater Utilities Capital Fund having a FY 2000/2001 Budget Allocation of $90,000, and the General Fund Reserves Having an Allocation of $236,401, and Authorizing the Village Manager to Execute the Applicable Contract on Behalf of the Village. Mayor Capretta read Resolution No. 7-00/01 by title. Village Clerk Joann Manganiello noted the bid amount should be $163,524.65, and that the Resolution short title had been prepared before • receipt of a letter from the engineer which stated the correct amount. Ms. Manganiello reported demolition of the old building had started that day and the new road was a 60-day project anticipated to begin in mid December. Vice Mayor Schauer indicated that Councilmember Walker had met with Commissioner Marcus, who as a result had offered to provide funds to the Village for the Main Street streetscaping, and had also agreed to provide $50,000 for two consecutive years to Jupiter High School, for which the Vice Mayor expressed thanks. Village Clerk Manganiello reported the low bid had been $160,586.40 for the streetscaping. Ms. Manganiello clarified that an 8" base was proposed for the roadway because it was anticipated to have heavy vehicle traffic and would be a main thoroughfare. Vice Mayor Schauer made a motion to approve Resolution No. 7-00/01. Councilmember Walker seconded the motion. The vote on the motion was: Joseph N. Capretta - for VILLAGE COUNCIL • MEETING MINUTES November 16, 2000 PAGE 21 Elizabeth A. Schauer Geraldine Genco Basil Dalack Sharon Walker - for - for - against - for The motion was therefore passed and adopted. B) Consideration of Ratification of Proposed Bargaining Agreement between the Village of Tequesta and the Communications Workers of America (CWA), October 1, 2000 through September 30, 2003. Village Manager Couzzo recommended approval of the contract, and reported the retroactive to October 1 dollar figures were $1,224.30 for regular pay, standby overtime $55.90, additional hours $131.38, for a total of $1,411.58. Councilmember Walker noted the Village Council had previously agreed • that the new contract would not be retroactive, which would need to be rescinded if it was in fact to be retroactive. Vice Mayor Schauer responded she understood that, and because of the morale aspect and it not being a lot of money she had no problem with making it retroactive. Vice Mayor Schauer made a motion to approve Ratification of the Proposed Bargaining Agreement between the Village of Tequesta and the Communications Workers of America (CWA), October 1, 2000 through September 30, 2003. Councilmember Genco seconded the motion. Councilmember Walker questioned certain items in the agreement, which were explained. The motion carried by unanimous 5- 0 vote . C) Consideration of Approval of the Village Manager's Proposed Appointment of Patricia Varney as Tequesta Finance Director pursuant to Section 3.02(7) of the Village Charter. Vice Mayor Schauer expressed concern that the applicant did not have an accounting degree. Village Manager Couzzo noted that she did have an VILLAGE COUNCIL • MEETING MINUTES November 16, 2000 PAGE 22 Advanced Government Accounting Certificate and an Intermediate Government Accounting Certificate. The Vice Mayor noted the proposed salary of $68,000 per year had been set for the previous candidate who had been a CPA, and that an automobile allowance in lieu of health insurance benefits was proposed and that was not done for any other employee. Village Manager Couzzo responded that he received a car allowance and that other employees got cars, that it was not unusual to get a car allowance, and the starting salary was less than she was currently making and was appropriate to attract the proper person. Mr. Couzzo explained that Ms. Varney had a minimum of a decade of experience in South Florida government. The proposed working hours were 7 a.m. to 3:30 p.m. Councilmember Genco noted that Ms. Varney had been partially responsible for the report the Village . Council saw when they interviewed Mr. Couzzo, which could be the answer to some of the communication problems with residents, and indicated the salary was not a problem. Councilmember Walker commented she hoped Ms. Varney could achieve what the Village Council was looking for, stated she questioned Ms. Varney's education and long-term employment with the long commute she would have, stated she did not want to give a car allowance in lieu of insurance, discussed qualifications of other applicants, and stated she did not feel the Village was large enough to allow flex time. Mayor Capretta commented the Village Council had voted 5-0 to hire Mr. Couzzo and one of the reasons was the financial data he had presented, on which Ms. Varney had done the work. Mayor Capretta expressed his opinion that the Village Council was holding the manager responsible for performance of his department and must give him what he wanted to do the job, and that he felt he worked as a team with her, had been successful with her in the past, and the Mayor favored letting him hire the person he wanted. Councilmember Dalack agreed with the Mayor. In response to questions from Councilmember Walker • regarding whether giving a car allowance would set a precedent with other employees and whether she VILLAGE COUNCIL MEETING MINUTES November 16, 2000 PAGE 23 should be called on her cell phone if a financial problem arose at 4:30 p.m., Mayor Capretta stated that those things would be Mr. Couzzo's problem, and it could be put into Ms. Varney's employment agreement that she did not get a car allowance if she wanted insurance later. Councilmember Dalack made a motion to approve the Village Manager's proposed Appointment of Patricia Varney as Tequesta Finance Director. Councilmember Genco seconded the motion. Mayor Capretta requested a roll call vote. The vote on the motion was: Joseph N. Capretta - for Elizabeth A. Schauer - against Geraldine Genco - for Basil Dalack - for • Sharon Walker - against The motion was therefore passed and adopted. Dj Consideration of the preparation of draft language for a referendum ballot relating only to the location of the Municipal Center, and directing Village staff and the Village Attorney to prepare the same. Councilmember Genco explained she was bringing this up because when the Village Council had voted against the referendum proposed by PAC, one of the reasons given had been that the language was not sufficient. Councilmember Genco commented that the PAC committee had shown they could get the signatures required to get a referendum on the ballot, and she believed they would do so, and expressed concern that there could be lawsuits and financial strain placed upon the Village if it passed and the Village had already signed contracts committing them to another course of action. Councilmember Genco commented the property the Village owned where the water tower was located was available and she did not know if it had been • VILLAGE COUNCIL MEETING MINUTES November 16, 2000 PAGE 24 considered as a possible location. Councilmember Genco commented the financial projection numbers needed to be analyzed and adjusted to recent changes, that the Village Council was supposed to be representing the people, and it was the Village Council's choice whether to fight the people or have the people fight the Village Council. Councilmember Dalack commented the voters should be given a chance to decide if they wanted to save a half million dollars. Vice Mayor Schauer commented she had had a long discussion with Mr. Humpage, and expressed her appreciation. The Vice Mayor explained that she still believed her vote in September was the best thing she had done and that the decision to locate the Municipal Center downtown was the right decision. Vice Mayor Schauer noted that the people would have a say when they voted for her in March. Councilmember Walker expressed her opinion that placement of a new Village Hall would not be the end of concerns and felt that she should not allow staff to live and work with rats any longer. Mayor Capretta commented he had also spent time with Mr. Humpage and there were two views on the subject. Councilmember Genco clarified that Village Hall and Fire Rescue's rat problem were not connected, and that everyone was in favor of proceeding with building a new Fire Rescue facility. Councilmember Genco indicated that 660 people wha had signed the petition was a significant number and she believed PAC would get the number of signatures they needed; commented if the people wanted to vote why didn't the Village Council do it, and questioned what the Village Council was afraid of. Councilmember Walker commented this issue had been on the table 12 years. Councilmember Genco responded everyone had not understood when the Comprehensive Plan was approved that it was intended to place the Village Hall in the shopping center and she thought it should be decided by the public. During ensuing discussion, it was noted that the people were not present because the Vice Mayor had asked Mr. . Humpage to sit back, and Vice Mayor Schauer commented she respected Councilmember Genco and VILLAGE COUNCIL MEETING MINUTES November 16, 2000 PAGE 25 Councilmember Dalack, but felt this concept would revitalize the downtown and at Florida League of Cities she had learned that other municipalities had used this concept to revitalize an area or to update a facility and had not gone for a vote because they felt it was their job as elected officials to make the decision. The Vice Mayor noted PAC had put an ad in the Courier asking people to call the Village Council and only one person had called her, even though the ad ran twice. Vice Mayor Schauer commented she respected everyone and asked them to respect her. Mrs. Schauer stated she respected everyone for letting the Council talk this out, and commented it had taken over ten years to get to this point, and she was looking 40 years into the future at the quality of life in the downtown area, and wished she had Nancy Graham working for this concept. Councilmember Genco responded what Nancy Graham had done in West Palm Beach would not work in Tequesta, and she wanted to let the people chose whatever they wanted. Councilmember Dalack stated he was not interested in arguing the merits of the location tonight, and commented that at the meeting when the Village Council had voted on this issue Mrs. Schauer had expressed the hope that everyone could become united and put everything behind them. Councilmember Dalack suggested that the way to do that was to allow the people to decide the location of Village Hall, and that this was an opportunity to resolve the split. Councilmember Dalack noted if the people voted not to have the Municipal Center at another location there would be no more discussion of the subject. Hattie Sieael, 498 Dover Road, commented that the Town of Lake Park had run a 1/4 page newspaper ad to inform their population of 7,000 of scheduled meetings to get citizen input in connection with the developer for proposed redevelopment. Councilmember Genco made a motion that the Village Council direct the Village Attorney to draft language to have a referendum ballot relating only VILLAGE COUNCIL . MEETING MINUTES November 16, 2000 PAGE 2 6 to the location of the Municipal Center. Councilmember Dalack seconded the motion. Mayor Capretta requested a roll call vote. The vote on the motion was: Joseph N. Capretta - against Elizabeth A. Schauer - against Geraldine Genco - for Basil Dalack - for Sharon Walker - against The motion therefore failed. IX. ANY OTHER MATTERS Vice Mayor Schauer made a motion that reconsideration of • the vote on the Village paying for the Tequesta Country Club sidewalk be placed on the agenda for the December 2000 Village Council meeting. Councilmember Dalack seconded the motion. Mayor Capretta requested a roll call vote. The vote on the motion was: Joseph N. Capretta - for Elizabeth A. Schauer - for Geraldine Genco - against Basil Dalack - for Sharon Walker - for The motion was therefore passed and adopted. Vice Mayor Schauer reported regarding School Board boundaries that she, Councilmember Dalack, and Councilmember Walker had attended the ABC Committee meeting and stated the Village's position regarding the children going to Jupiter Elementary. The Vice Mayor reported she had gone to the School Board meeting last Thursday, and found that Tequesta children were not going to Jupiter Elementary, and that had been tabled until next year or the year after. Apparently the decision had been made more than a week prior to the meeting, but no one had called to say it was not necessary to attend. The Vice Mayor reported that she had attended the Chamber of Commerce VILLAGE COUNCIL • MEETING MINUTES November 16, 2000 PAGE 27 Education Forum which was held monthly, and reported there would be a public meeting this coming Monday evening at Jupiter High School with Wayne Gent, Area 5, as the speaker, and the discussion would be regarding moving the gifted program from Lighthouse Elementary and spreading it to Jupiter Farms, Jerry Thomas, and Limestone Creek. Vice Mayor Schauer explained she would not be able to attend that meeting because of another commitment. The Vice Mayor reported she planned to write a letter requesting she become a member of the Jupiter Elementary SAC Committee so that she could keep the Village Council informed of the status if Tequesta children were to be moved. Councilmember Genco suggested tabling discussion of policy regarding how to introduce new business until the next meeting, which would mean it would be the first item after the Consent Agenda. Village Attorney Randolph recommended another agenda item for the next meeting of ratification • of the list of procedures. Councilmember Walker requested that on the December agenda the Council also consider providing a benefactor grant to the Florida History Center and Museum under Any Other Matters. Councilmember Walker reported that in addition to talking to Commissioner Marcus about the streetscape of Main Street, she had spoken to her about endorsement of the Village Center project, to which she had wholeheartedly agreed. Commissioner Marcus had also agreed to endorse the upcoming proposed interlocal agreement between Jupiter, Tequesta, and Palm Beach County regarding redesign of II.S. One and Old Dixie Highway and agreed to provide a couple of thousand dollars a year for that project and to go to DOT for the Village. Councilmember Walker reported she had met with the Post Office last month regarding the potential for placing a postal kiosk at the Village Center to be operated at peak periods, and regarding an upcoming project between the Village and the Post Office which would be totally at the expense of the Post Office and would involve using Tequesta instead of Jupiter as an address. Councilmember Walker reported she had attended the annual staff picnic for South Indian Water Management District in October, and reported that she and Village Clerk Manganiello had met this week with one of the partners for Renaissance Partners in West Palm Beach who had been VILLAGE COUNCIL MEETING MINUTES November 16, 2000 PAGE 28 instrumental in the redesign for Clematis Street, with whom they had discussed the Village Center. X. ADJOURNMENT Vice Mayor Schauer moved that the meeting be adjourned. Councilmember Genco seconded the motion. The vote on the motion was: Joseph N. Capretta - for Elizabeth A. Schauer - for Basil Dalack - for Geraldine Genco - for Sharon Walker - for The motion was therefore passed and adopted and the meeting was adjourned at 12:10 a.m. Respectfully submitted, ru~~~t~- Betty Laur Recording Secretary ATTEST: J ann Mangani to Village Clerk DATE APPROVED: •