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HomeMy WebLinkAboutMinutes_Regular_12/14/2000VILLAGE OF TEQUESTA DEPARTMENT OF COMMUNITY DEVELOPMENT Post Office Box 3273 357 Tequesta Drive Tequesta, Florida 33469-0273 0561) 575-6220 Fax: (561) 575-6239 VII.,LAGE OF TEQUESTA VII.,LAGE COUNCIL MEETING 1VIINUTES DECEMBER 14, 2000 I. CALL TO ORDER AND ROLL CALL The Tequesta Village Council held a meeting at the Village Hall, 357 Tequesta Drive, Tequesta, Florida, on Thursday, December 14, 2000. The meeting was called to order at 7:00 P.M. by Mayor Joseph N. Capretta. A roll call was taken by Betty 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 Attorney John C. Randolph, Village Clerk Joann Manganiello, and Department Heads. II. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Dalack gave the Invocation and led those in attendance in the Pledge of Allegiance to the American Flag. III. APPROVAL OF AGENDA Vice Mayor Schauer requested under Any Other Matters an update from the Village Manager on Phase I and Phase II of the sewering project in the Country Club. Councilmember Walker requested addition of two items under Any Other Matters. • Vice Mayor Schauer made a motion to approve the agenda as amended. Councilmember Genco seconded the motion, which Recycled Paper VILLAGE COUNCIL MEETING MINUTES December 14, 2000 PAGE 2 carried by unanimous 5-0 vote. The motion was therefore passed and adopted and the Agenda was approved as amended. IV. PRESENTATIONS A) SCHOOL CONCURRENCY 1. Palm Beach County Commissioner Karen T. Marcus, District 1 Commissioner Karen T. Marcus encouraged support for school concurrency, which she stated she had worked on since 1994. Commissioner Marcus explained that other municipalities that needed to sign the Resolution were Atlantis, Riviera Beach, and Palm Beach Gardens, as well as Tequesta, without which concurrency could not • take place. Commissioner Marcus reported Palm Beach County would be the first to comply with the State statute, and although Orange County was attempting to comply, there were questions of legality since they were working on it at a zoning level. The Commissioner noted that Mr. Noble's charge had been to have all the cities signed on by December. 31, and encouraged the Village to do so. 2. Leo Noble, Consultant for the Palm Beach County School District Mr. Noble explained that he had been in the development business for thirty years and had become. involved in school. concurrency because of wanting to attract business to communities, and the. best way to attract business was to have good schools. Mr. Noble commented schools were important in planning and were good for the entire community. In 1998 the State had passed legislation requiring a financially feasible plan, and he believed Palm Beach County was the first county in the country to show they had the money to build new schools and to re-build all schools within the county when they became 35 VILLAGE COUNCIL MEETING MINUTES December 14, 2000 PAGE 3 years old. Mr. Noble explained that the Statute also required intergovernmental coordination. Mr. Noble reported growth of new students did not all come from new development, that this plan was set up to track student growth everywhere, that capacity had ben set at 1100 of Florida Inventory of Schoglhouses (FISH) capacity, and that the state would indicate the amount of capacity each year. Mr. Noble explained the 110% was only for permanent student stations and no portables were included in the plan. New development would be required to be reviewed by the School District to see if there was capacity in that area. Mr. Noble explained that new student growth was shifting toward the coast, and the money was available to build schools in the growth areas. A Technical Advisory Group had been established to oversee the process, look at the data, and assure that coordination was happening. Mr. Noble commented that this was a financially feasible business plan to build and modernize the schools in the county, which was good for the communities and would attract business to the county. Vice Mayor Schauer commented that she, Mayor Capretta, and Councilmember Dalack had met with Mr. Noble two years ago regarding this issue. Councilmember Genco questioned in the event new development was proposed for an area where there was insufficient capacity whether that would cause a moratorium to go into effect. Mr. Noble explained the system was set up using concurrency service areas, which were approximately 12 x 12 square miles for capacity, and should not stop development, especially since the School District would be a part of the planning process from the beginning. Councilmember Walker questioned whether concurrency would address an existing 20-year- old study/proposal to build a joint elementary school for southern Martin County and northern Palm Beach County. Mr. Noble noted boundaries must be adjusted to balance the system, but the • VILLAGE COUNCIL MEETING MINUTES December 14, 2000 PAGE 4 ways boundaries were adjusted was not addressed in this program. Mayor Capretta commented on the question of whether development could be stopped in an area that was building rapidly, such as Jupiter, because there were not enough schools, and he assumed the answer was that development could not be stopped. Mr. Noble indicated that the School District anticipated a lot of growth in the area; however, there was a lot of capacity in schools in Northern Palm Beach County; the plan was not intended to stop development but for the whole community to plan, and as long as there was cooperation schools would be built where they were needed. Mr. Noble pointed out that Jupiter had been the first town to sign the agreement for concurrency. Mr. Noble reported School Board Chairman Tom Lynch, a former Delray Beach Mayor, . had commented this was the first time the School District had signed a contract stating what they were going to do, and they had signed it by a vote of 7-0. Mayor Capretta commented that the Village of Tequesta's last census had indicated changing demographics from a retirement community to 50o more children, 75o more people between the ages of 30-45, and a 10~ reduction in people over 65. The Mayor reported that the Council chambers had been packed only a few weeks ago with parents concerned over a proposed change in elementary school for their children. The Mayor noted schools were a big issue in municipalities and in the country, and the proposed concurrency should help in the planning to provide schools in areas to meet the needs of the shifting population. Mayor Capretta questioned whether in the extended process of getting the concurrency plan developed it had been watered down to the point that it would not work well. Vice Mayor Schauer noted the School Board was working hand in hand with the Town of Jupiter in building a new elementary school, which was really the first time that had • happened in over ten years. Vice Mayor Schauer thanked Commissioner Marcus and Jody Gleason for VILLAGE COUNCIL MEETING MINUTES December 14, 2000 PAGE 5 their efforts on this issue of concurrency. The Vice Mayor announced that Commissioner Marcus would be giving funding to Jupiter High School for a new high school and publicly thanked Commissioner Marcus for her support of Jupiter High School. B) Resolution No. 8-00/01 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Approving an Interlocal Agreement With Palm Beach County, the School District of Palm Beach County, and Certain Municipalities of Palm Beach County Establishing a Public School concurrency Program and Authorizing the Mayor of the Village of Tequesta to Execute the Appropriate Documents on Behalf of the Village. • Village Attorney Randolph read Resolution No. 8- 00/01, Vice Mayor Schauer made a motion to adopt Resolution No. 8-00/O1. Councilmember Genco seconded the motion, which carried by unanimous 5-0 vote. The motion was therefore passed and adopted. Mr. Noble advised he would bring three originals of the agreement to be signed, one copy for the Village, one for the Board of Directors of the League of Cities, and one for the County Commission. C) CONSENT AGENDA Mayor Capretta read the following items on the Consent Agenda: A) Approval of Board of Adjustment Meeting Minutes, June • 19, 2000 • VILLAGE COUNCIL MEETING MINUTES December 14, 2000 PAGE 6 B) Approval of Special Master Meeting Minutes, October 26, 2000 C) Approval of Village Council Meeting Minutes, November 16, 2000 D) Approval of Village Manager's Report, November 13 - December 8, 2000 E) Resolution No. 9-00/Ol - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Accepting the Terms and Conditions of the Palm Beach County Emergency Medical Services (EMS) Grant Award; Certifying that Monies from the EMS Grant Award Will be Used to Purchase an A.,LS Training Mannequin Which Will Provide a Means for the EMT'S and Paramedics to Practice and Perfect Their Skills, Will not be Used to Supplant Existing • Tequesta Fire-Rescue Budget Allocation and Meets the Goals and Objectives of the EMS County Grant Plan and Authorizing the Village Manager to Execute the Appropriate Documents on Behalf of the Village. F) Consideration of Approval of Name Change for Lighthouse Key, a Proposed Planned Mixed-Use Development Within the Mixed-Use District Located on the Northeast Corner of the Intersection of Tequesta Drive and Old Dixie Highway. George G. Gentile, Gentile, Holloway, O'Mahoney & Associates, as Agent for Applicant. Vice Mayor Schauer made a motion to approve the Consent Agenda. Councilmember Walker seconded the motion, which carried by unanimous 5-0 vote. VI. CONIlKCTNICATIONS FROM CITIZENS Dana Anderson, 48 Yacht Club Place, addressed Phase I of the severing project and the problems with the road paving. Mr. Anderson reported his driveway had to be redone a couple of times and the actual asphalt in front of his • house was about 3" low, which had been verified by the contractor and by Mr. Jensen of the Village. Mr. Anderson VILLAGE COUNCIL . MEETING MINUTES December 14, 2000 PAGE 7 commented he had been assured it would be taken care of, but not in writing, and he wanted it on public record. Mr. Anderson noted he was sure there were also other items that needed to be fixed, in the Country Club and possibly in Bermuda Terrace. Mr. Anderson requested he or Joe Baker be notified what was going to be done. Mr. Anderson volunteered to help with the quality control process. Village Manager Couzzo noted that payment would be withheld until everything was corrected, that Mr. Jensen was cataloging the items, and that Mr. Anderson's problem would be corrected. Mr. Anderson requested the status letter contain information to keep the people informed. Mr. Couzzo reported that the letter had been hand delivered to every home in Phase I that day. Mr. Anderson commented that by keeping the people informed, he was sure the process would work very well. It was the consensus of the Village Council to have the • Village Manager provide his update on Phases I and II at this point in the meeting. Village Manager Couzzo explained staff had tried to analyze what had happened in Phase I and where the Village might have provided more communication to the residents. A bi-weekly newsletter status report had been developed which would be hand delivered and would keep the residents up-to-date on Phase I. The next newsletter would be published the first week in January and would contain a Phase I status update and a developmental Phase II update. Village Manager Couzzo reported the Village had been working with ENCON to try to coordinate with them on Phase II. Mr. Couzzo commented that ENCON was awarding a contract for the sewering of Phase II at their meeting that night, and work was anticipated to begin the first week in January. Mr. Couzzo explained that the Village was going out to bid on the drainage and lighting conduit in Phase II, and hoped to coordinate that with ENCON. Joe Baker, 73 Fairview East, expressed his opinion that having one contractor run the sewering job was what was needed, to which the Village Manager responded the Village had made an attempt to do that by proposing an interlocal agreement with ENCON; however, legal counsel had advised that the Village should go out for public bid. Mr. Baker reported he was dissatisfied with the people complaining VILLAGE COUNCIL • MEETING MINUTES December 14, 2000 PAGE 8 ----------------------- about the work in Phase I and the communication between the Village and the people whose yards and roads were torn up. Mr. Baker recommended having someone in control of the job to manage it and run it like a business. Village Attorney Randolph commented he had been consulted as to whether or not the Village could use ENCON's contractor, and he had advised it was. better public policy for the Village to go to bid. The Village Attorney explained that if the Village had. bid. this job at the .same time as ENCON that would have been fine, but if the Village were to just award a bid to a contractor without going to public_bid, it would not be known if the Village was really getting the best deal. Mr. Baker responded this was not new to the Village and this should have been done months ago . Mayor Capretta commented the Village did try to work with. ENGON with a single contractor on Phase I and ENCON refused. The Village's second choice_ was to get their work- done first and have ENCON follow, but ENCON refused and wanted to go first. • One of the. problems. with Phase II was ENCON's contractor was low bidder by $400,000 and had never done a big job like this before., and. the. Village would try to get him to bid on their portion and hopefully be the low bidder on the Village work so that one contractor could do the whole job. Dana Anderson explained a contractor would not want to be second because he would. ultimately k~e responsible for everything; so the way to get a project accomplished was to have one. contractor fQr everything_ Vice Mayor Schauer commented the Village had learned from its mistakes regarding communication with the. public, which was one reason the Village Manager had had the update hand delivered and why he had been. asked to inform Tequesta Country Club that the Village would communicate in the future. The. Vice Mayor. commented the_ jpb had not been easy, and expressed hope that Phase II would go better. Village Manager Couz_~o reported he and. the. Village Attorney would discuss this matter further to see if ENCON would work with. the Village, and. to clanify with the Attorney that the interlocal agreement which had been proposed would have been with. another government. entity who would have the contract with a sole contractor and the Village would have utilized. their. engineers to inspeot both portions of the project, thereby having a unified contract and unified inspection, with the inspectors responsible to the Village rather than ENCON_ The Village Manager commented it had • VILLAGE COUNCIL MEETING MINUTES December 14, 2000 PAGE 9 been very gracious of Mr. Dent to delegate that authority to the Village. Village Attorney Randolph commented that possibility was still under consideration and he wanted it known that Mr. Couzzo was trying to move the project along under the lines being discussed as smoothly and as quickly as possible. The Village Attorney explained that the purpose of public bidding was to make sure the best deal was obtained for the public. Vice Mayor Schauer commented that Mr. Dent's willingness to work with. the Village was a step in the right direction. Mr. Baker encouraged the Village Council to hold a special session if necessary to resolve this issue. Mr. Couzzo explained that the Village Attorney had not been contacted in time to work this out and Mr. Dent had indicated ENCON could coordinate its schedule outside the Village for the first few months of the contract in order to allow this to be worked out. Mayor Capretta commented on the difficulties of having more than one contractor and that the work that was done on his . street had been under one contractor and had gone well. Arnold Blum, 410 Tequesta Drive, cautioned that during many years in the. construction business he had seen many contractors come in under bid and not be able to complete the job, and bringing in another contractor to complete could be very costly. Mr. Blum noted that a severely low bid should send up some flags.. Mayor Capretta commented the contractor also had had little experience, but ENCON had checked them out thoroughly anal were satisfied they could and would do the job. Mr. Blum commented the only job he had seen come in ahead of time and. under bid was the flyover on Dixie Highway near Rivera Beach, which was amazing to him since. it was. a government job. Village Manager Couzzo commented the bid received was $400,000 under the second bid, and the. Village agreement was not with the contractor but was with ENCON. Mr. Blum commented it seemed that. the Village was crossing it's is and crossing it's T's and that was something that was really needed. Village Manager Couzzo indicated Phase I was scheduled for completion the latter part of March and it was yet to be determ;nPd when Ph~e ZI would start. Mr. Couzzo explained that Phase II for ENCON would begin in January but the Country Club portion would hopefully be postponed until it could be coordinated with the work of the Village in that area--possibly to begin in February, VILLAGE COUNCIL MEETING MINUTES December 14, 2000 PAGE 10 although the contractor would like that work to start in January. Mayor Capretta commented Tom Jensen had been managing this job and the Village must assure he was doing the job correctly, with improved communication and accuracy. U Jim Humpacte, 426 Cypress Drive, explained that he had put a letter in the newspaper, but wanted to convey the information personally to the Village Council. Mr. Humpage reported the Political Action Committee had met on December 6 to decide whether to proceed with the referendum, and had decided not to proceed for the sake of the Village and perhaps to put some of the. animosity aside. Mr. Humpage requested formation of a coalition to try to unite the Village, with members of the PAC committee to sit with the Village Council to resolve concerns of the residents, and to work together. Mr. Humpage expressed a desire for everyone to work together in the future. Mayor Capretta responded that Mr. Humpage's request would be considered and he would be notified. VII. BOARD APPOINTMENT A) Consideration of Either the Reappointment of Kevin Kinnebrew to a Three-Year Term as a Regular Member of the Board of Adjustment or Appointment of a New Regular Member, With Said Term Expiring December 31, 2003. Village Clerk Manganiello advised that this position had been advertized in Smoke Signals, and a couple of applications had been picked up but no one had submitted a completed application, therefore, Mr. Kinnebrew was the only applicant. Vice Mayor Schauer made a motion to reappoint Kevin Kinnebrew to a three-year term as a regular member of the Board of Adjustment, with said term expiring December 31, 2003. Councilmember Genco seconded the motion, which carried by unanimous 5-0 vote. • VILLAGE COUNCIL MEETING MINUTES December 14, 2000 PAGE 11 VIII. NEW BUSINESS A) VILLAGE COUNCIL PROCEDURES 1. Discussion of Policy Regarding the Addition of Agenda Items by the Village Council. Mayor Capretta reported this item had been discussed previously but no decision had been made. Village Attorney Randolph commented staff needed clarification of how the Village Council wished to handle adding agenda items. The Village Attorney gave examples of how this was handled in other municipalities. In one case, at the beginning of the meeting when the agenda was being set they would add items to the agenda to discuss whether they wanted to add them to the next agenda, would not discuss those items that evening because they did not have the backup that evening, and would take a vote as to whether or not the full Council wanted to have that item on the next agenda, and a majority vote prevailed. In other places, a Councilmember would say he or she would like to see an item placed on the agenda for the next meeting and the item was then placed on the next agenda. Village Attorney commented at the previous discussion the Village Council had been clear that they did not want to add items to the agenda for the meeting that night unless it was a dire emergency, because backup would not be available. Councilmember Genco commented there were two ways to add items, either by an individual or by consensus approval by the Council, and asked if there were other ways. Mayor Capretta asked whether it made a difference that some items were only discussion items and some were items for consideration that required a lot of backup. Councilmember Genco responded that the decision had already been made that any time any • VILLAGE COUNCIL MEETING MINUTES December 14, 2000 PAGE 12 ----------------------- Councilmember wanted to add anything, unless it was a dire emergency, that it would have to be proposed as new business for the next meeting, and the question on the floor now was whether to allow an individual to add an item or whether to have consensus, meaning a vote would be taken, or if there was an alternative, such as one person making a motion and it being seconded and that being sufficient. The Village Attorney advised that with a motion and a second a vote must be taken with the majority prevailing. The Village Attorney discussed pros and cons of each method-that if individuals were allowed to add items five people could really load up an agenda if they all had items to propose, and some of those items might be things that all members of the Council were not interested in pursuing at a particular meeting. Councilmember Dalack • asked whether there was an item in the Village Charter regarding this. Councilmember Genco commented under Robert's Rules of Order that any member could propose an item for new business; and under the Village Charter any two members of the Village Council could call a special meeting on any subject they chose, which was why she had suggested only two people be required in order to add an agenda item, stating that otherwise there would always be a majority rule and the majority would decide what they wanted all the time and if there was a split Council that could be unfair to having something heard in the public. Councilmember Genco recommended that so long as there were two people who wanted an item added to the agenda that it be done, since there was the possibility those two people could end up calling a special meeting. Councilmember Genco commented that since she had been elected there had been many times the Council had been split 3-2, which meant the two Councilmembers representing 660 people would have no say to indicate what those people wanted. Village Attorney Randolph advised it would probably be an unusual circumstance for the Council to do this since usually the Village Manager would set VILLAGE COUNCIL MEETING MINUTES December 14, 2000 PAGE 13 ----------------------- the agenda as to all the things he saw that needed to be done when he was conferring with the Mayor. The Village Attorney indicated it would be an unusual situation where the Council would want to add an item as opposed to it being added by the Manager. Mayor Capretta asked what was to prevent any Councilmember asking the Manager to put something on the agenda, which Village Attorney Randolph clarified there was nothing to prevent that except it could present a real problem for the manager if he had to answer to five people between meetings as to what they would like to see on the agenda. Vice Mayor Schauer commented there might be items that could be worked out between the Manager and staff without having full consensus of the Council. Village Attorney Randolph suggested a third alternative: If one individual wanted • something on the agenda for the next meeting they could bring it up and it would be put on the next agenda unless three people voted against it. Councilmember Genco stated that was exactly what she was saying. Councilmember Genco indicated if there were two members who felt something should be discussed then she thought the rest should listen to them no matter which two Councilmembers wanted the discussion. Vice Mayor Schauer commented the Council had never had this problem before, that the Council would bring up a matter and ask the Manager to add it and provide the backup. Vice Mayor Schauer commented that her main concern was that she never wanted to have to vote without backup. Village Attorney Randolph commented that had already been decided and the question was how to put it on the agenda. The Village Attorney commented one way to do it would be for a member of the Council to say to the Village Manager at the end of the meeting, "Mr. Couzzo could you please put on the agenda for the next meeting the item regarding the Country Club roads", and it would be put on unless he heard from the other Councilmembers that they did not want it added. Councilmember Dalack commented that VILLAGE COUNCIL MEETING MINUTES December 14, 2000 PAGE 14 sounded like a very good idea, but another thought was that if four people did not want it put on it would not succeed, and that would be enough to keep it off since that would accomplish the purpose of making it clear to everybody they did not want it. If four did not want it put on the next agenda that would avoid a fruitless discussion at the next meeting. Village Attorney Randolph advised against setting different standards for majority vote, since for everything else it was three for a majority. Councilmember Genco favored a minority of two people being able to add an item. Vice Mayor Schauer commented she felt it should be majority. Village Attorney Randolph commented if it was approached the way he suggested and one person asked for it he believed the Councilmembers all had enough respect for each other that they would put it on unless three out of the five saw some radical reason why it should not go on. Mayor Capretta made the following proposal: If any Councilmember wanted to put an item on the agenda for the next meeting they make that suggestion and if there was silence on the subject it would go on, and the Village Manager would carry out that instruction; however, if another Councilmember did not want it added to the agenda and asked for a vote on it and if three people voted against it then it would not go on. Councilmember Genco stated that way the majority would never be allowed. Village Attorney Randolph clarified the discussion had started with having a majority to get an item on, and now what the Mayor was saying was one person could put an item on unless three voted against it. Councilmember Genco stated she liked that. Mayor Capretta commented that would rarely happen but if it was something so obnoxious to three they would not want it discussed they could stop it, but normally there would be no discussion-each Councilmember would have a right to request addition of an item and unless somebody felt very strongly about it and VILLAGE COUNCIL • MEETING MINUTES December 14, 2000 PAGE 15 they could persuade a second and a third person against it, then it would go on. Mayor Capretta noted he had been Mayor several different times and to the best of his recollection he had never removed an item from the agenda, except when a meeting was scheduled to go to midnight and he said there wasn't time and the ones that did not have to be discussed to delay to the next meeting. Councilmember Genco asked the Village Attorney to restate the proposal, to be added to page A(2) of the procedures. Village Attorney Randolph commented that under the Summary of Procedures, anyone who wanted to put an item on the agenda for an upcoming meeting could ask for it at the meeting and unless there was a vote to the contrary it would go on. • Jim Humpage, 426 Cypress Drive, commented that one of the things desired was more participation from residents and suggested placing the agenda in the Courier so that people could see if there were items in which they were interested. Vice Mayor Schauer commented she had sent over 30 invitations for tonight's Meet and Greet session and only two of those she invited came. The Vice Mayor commented that a lot of people would come when something affected them individually. Vice Mayor Schauer noted that the budget was very constrained now but putting the agenda in the Courier was something that could be considered in next year's budget, and commented that people would soon be able to access the agenda through the web site. Councilmember Genco noted that the web site might be operational in January or February. 2. Consideration of Ratification of the List of Procedures Relative to Village Council Meetings and Agenda and Other General Items (per the Summary of Procedural Comments Discussed at the • November 3, 2000, Village Council Workshop Meeting). VILLAGE COUNCIL MEETING MINUTES December 14, 2000 PAGE 16 Village Clerk Manganiello commented under A (2} in the Summary of Procedures that if the Village Council was in consensus on item 1 that perhaps they could add it to item 4 regarding voting. Discussion ensued regarding where this item should be placed. Councilmember Walker suggested it could be cross referenced under Agenda Item Any Other Matters. Councilmember Genco stated she wished to see it in writing, and suggested that if at any time the Village Council was at a loss how to handle anything in a Village Council meeting that they go to Robert's Rules of Order, to which Village Attorney Randolph responded the Village Council did operate under Robert's Rules of Order. Vice Mayor Schauer questioned for what special circumstance might a blind ballot be used, and • noted the only time she had used a blind ballot had been in voting to hire Village Manager Couzzo. Village Attorney Randolph responded that a special circumstance might be if five people had applied for a commission and it could be embarrassing to talk about it; however, he did not think it was necessary to have blind ballot voting in the procedures. The Village Attorney noted that item had been discussed and he had indicated any such vote would occur very rarely and that the blind ballots must be signed and made a part of the record, so they really would not be secret. Councilmember Dalack commented that special circumstances for blind ballot voting would be determined at the meeting. Village Attorney Randolph stated that blind ballot voting did not need to be in the procedures, and the procedures were for normal meetings. Councilmember Genco commented she had brought this issue up so that if a Councilmember felt there was prejudice they could request a blind ballot, but the Village Attorney had pointed out you could not hide who you voted for. Councilmember Walker expressed her opinion that so long as the possibility existed for a VILLAGE COUNCIL • MEETING MINUTES December 14, 2000 PAGE 17 blind vote it should be in the procedures. Village Manager Couzzo reminded the Council that they were establishing procedures that would go forward to other Village Councils, and if a blind ballot was taken without the attorney present it could be a problem. Vice Mayor Schauer expressed her opinion that a blind ballot was a cop out. Village Attorney Randolph commented she could state at a meeting where a blind ballot was proposed that she thought it was a cop out and she did not want to vote that way, and he concurred with Councilmember Dalack's suggestion to consider blind balloting on a case by case basis, and explained this was just saying if a blind ballot was done it must be signed. Councilmember Dalack noted there was really no such thing as a blind ballot since it was not anonymous. It was noted the name "blind • ballot" should be changed. After discussion it was decided to use the term "voting by ballot" instead of "blind ballot". Mayor Capretta recalled that some former Councilmembers did not want to face the public when voting and had had a real problem voting in public, but there was no way to hide how a person voted. The next item discussed was abstaining from voting. Since item 4 was the item in regard to placing agenda items, an item 5 was proposed by the Village Attorney: No person may abstain from voting unless they declare a conflict of interest pursuant to State statutes. The Vice Mayor suggested that Village Attorney Randolph place item 4 where he considered appropriate. Councilmember Genco commented that Robert's Rules had been added. Councilmember Walker asked to add that these procedural changes be reviewed annually by the Village Council, following the election. Vice Mayor Schauer commented it should be stated the review would be done at a workshop meeting to educate the new Village Council. Councilmember Walker noted that these procedures would be subject to change as Village Councils changed. Discussion ensued • VILLAGE COUNCIL MEETING MINUTES December 14, 2000 PAGE 18 regarding waiting to have the procedures at a workshop meeting rather than at the organizational meeting, and it was noted there needed to be a warm up period. Mayor Capretta commented he had always thought there should be a Councilmember's Handbook to provide orientation. Councilmember Dalack questioned why a Councilmember could not abstain from voting, to which the response was that it was a statutory prohibition. Village Attorney Randolph advised if there was not a roll call vote and a Councilmember was silent, that would be considered an "aye" vote. Vice Mayor Schauer noted when the St. Jude renovations were on the agenda she had abstained. Village Attorney Randolph advised in regard to Consent Agenda there could be only a motion to adopt without reading the items, but if there was a Resolution it would have to be read by title. It was decided to add that to the procedures. Village Attorney Randolph commented that under Agenda Item Any Other Matters, when someone wanted to discuss something at the end of the agenda they should announce the subject matter, which had not been done tonight, and that should be added to the procedures. Village Attorney Randolph suggested number 2 might be confusing when talking now about if a Councilmember requests that a matter be reconsidered a vote shall be taken under Any Other Matters on whether to place that item on the next agenda. The Village Attorney advised that was not needed now in light of what the Council had just done, and what had just been done should be placed there and reconsideration should not be mentioned. Reconsideration could I ~ only be done at the same meeting an item had been considered. Village Attorney Randolph VILLAGE COUNCIL MEETING MINUTES December 14, 2000 PAGE 19 advised Village Clerk Manganiello to strike item 2 and substitute what the Council had requested under item 4 for voting. Councilmember Dalack called attention to General Items on page 3, which stated "staff members shall sit" which implied that staff members must be present, and suggested a change to "staff members present shall sit". The Village Attorney suggested this be stricken, since it was just a suggestion from Mr. Couzzo to get rid of the tables. The policy was that staff did not have to attend unless directed by the Village Manager, and a representative of the Police Department would always be present. Councilmember Genco made a motion to adopt the Summary of Procedural Comments with the agreed upon amendments. Councilmember Walker seconded the motion, which carried by unanimous 5-0 vote. B) Review and Discussion of Draft Report of the Proposed U.S. Highway One/Old Dixie Highway Corridor Analysis and Conceptual Overlay Zoning District. Village Manager Couzzo reported staff had been working with Duncan & Associates to prepare the draft agreement for review, and comments from the Village Council expressed tonight would be incorporated into the final agreement, which would be completed within the month. Mr. Couzzo explained that the purpose of the agreement was to join three jurisdictional entities, Tequesta, Jupiter, and Palm Beach County, to provide a harmonious corridor on U.S. One with respect to development, landscaping, roadway signage, etc., so that there would not be a different set of regulations in each jurisdiction. There were no comments from the Village Councilmembers. Vice Mayor Schauer made a motion to adopt the Draft Report of the Proposed U.S. Highway One/Old Dixie Highway Corridor Analysis and Conceptual Overlay Zoning District. Councilmember Genco seconded the • VILLAGE COUNCIL MEETING MINUTES December 14, 2000 PAGE 20 motion, which carried by unanimous 5-0 vote. C) Ordinance - First Reading - An Ordinance of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Amending Exhibit "A" of Section 2-30 of the Code of Ordinances, Village of Tequesta, Florida, Relating to the Employees' Pension Trust Funds by Amending Definitions, Providing that the Boards of Trustees should Adopt Statements of Investment Policy; Correcting Scrivener's Errors; Providing for Early Retirement Guaranteed Payments; Clarifying Disability Retirement as Required by State Laws; Providing for Eligible Rollover Distributions; Providing for Severability; Providing for Repeal of Ordinances in Conflict; Providing for Codification; and Providing an Effective Date. Village Attorney Randolph read the above Ordinance on First Reading by title only. Village Manager Couzzo explained that the Village's attorney for the Pension Boards and the Village auditor for the Pension Boards, Mr. Palmquist, was recommending this Ordinance making changes to the Code to comply with changes in the State statutes. Village Attorney Randolph clarified in response to a question from Councilmember Dalack that he believed the language regarding review by the Circuit Court was according to statute. Councilmember Dalack proposed amendment of the language to be according to general law. The Village Attorney indicated he would prefer to match the language in the statute and would review the language before Second Reading so that a change could be made if appropriate. Vice Mayor Schauer 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. Councilmember Dalack announced that his comments regarding review had been regarding the II.S. One Corridor item and not the Pension Board item, and • VILLAGE COUNCIL MEETING MINUTES December 14, 2000 PAGE 21 asked the same question in regard to the U.S. One Corridor item. Village Attorney Randolph indicated his response was the same. D. Consideration of Donation from Village of Tequesta to Florida History Center & Museum in the Amount of $1,000.00. Mr. George Blank, Executive Director of the Florida History Center & Museum, explained that the museum's mission was to develop, interpret, and preserve the history of the community. Mr. Blank noted a lot of people came here who knew nothing about the history of Florida, presented highlights of the fascinating history of this area, expressed a desire to involve the local community, and touched on the altruistic and commercial aspects of the museum. The nominal fees to become a museum member were discussed. • Councilmember Walker requested if the Village Council approved the donation request that it become a line item in the budget and be reviewed annually. Vice Mayor Schauer agreed it would be good to support the museum and to make it a line item in the budget. Village Manager Couzzo questioned whether there would be any restrictions for the Village to use the museum for certain programs. Mr. Blank responded that the museum would be happy to have children or adults visit, could arrange a special tour if desired, and explained that part of the Village's donation would be used in the path of history to the Jupiter Lighthouse. Mr. Blank noted that municipalities were required to keep the artifacts of those municipalities, and the museum could act as a consultant to help preserve those artifacts. Councilmember Genco asked that a notice be placed in Smoke Signals announcing that the museum was in need of furnishings or clothing for the Tindall house, circa 1892, that could have been in this area at that time. Vice Mayor Schauer made a nation to donate $1,000 to Florida History Center & Museum and to include a $1,000 donation for the museum as a line item in next year's budget. Councilmember Walker seconded the VILLAGE COUNCIL MEETING MINUTES December 14, 2000 PAGE 22 motion, which carried by unanimous 5-0 vote. Councilmember Genco inquired whether Lighthouse Gallery had received the $10,000 donation designated as a budget line item for them. Village Clerk Manganiello clarified that there was a budget item called Aid to Comunity Organizations, into which a lump sum of $11,000 had been placed for this budget year. $1,000 was dedicated to Project Graduation annually and the other $10,000 had been appropriated but not earmarked, so it was up to the discretion of the Village Council each year to decide how that money was spent. It was noted that the $1,000 donation to the museum would come from the $10,000, and the Village Council had not voted yet this year on a donation for the Lighthouse Gallery. Vice Mayor Schauer commented that both she and Mr. Preston, and she and Village Manager Couzzo at two different times • had met with the Gallery representatives to request the Gallery decorate the Village Hall Christmas tree, which was the first time the Village had ever asked the Gallery to do anything. Vice Mayor Schauer reported Mr. Preston and Mr. Couzzo had called the Gallery because they were not happy with the lighting that was done, and there had been no support back from the Gallery. The Vice Mayor reported Village staff had then decorated the tree, and she would contact the Gallery regarding this matter. Discussion ensued. Councilmember Genco asked if there had been a lack of communication or lack of cooperation, to which the Vice Mayor responded there had been a lack of cooperation, and she would let the gallery know before the January Village Council meeting that she was not pleased with the situation. Mayor Capretta commented he did not think the Gallery's efforts had been a $10,000 job and the Village had a way to reward the Gallery for their services. Mayor Capretta commented he had thought it would be nice for the Gallery to do an artistic project for the Village of decorating the tree and possibly other things, and although the Village had been giving them money for many years this was the first time the Village had asked them to do anything. Vice Mayor Schauer commented she and Mr. Preston and • VILLAGE COUNCIL MEETING MINUTES December 14, 2000 PAGE 23 Mr. Couzzo would meet with the Gallery. IX. ANY OTHER MATTERS Councilmember Walker reported on the November Palm Beach County League of Cities meeting where a round table discussion with the new House Representative Joe Negron was held regarding growth management, windstorm insurance, and the current County annexation policy. Councilmember Walker reported a list of legislative recommendations for which the League planned to lobby: growth management, Everglades restoration funding, annexation policy, municipal revenue, windstorm insurance rates, municipal representation of special taxing districts, tax equity, septic tanks, State- wide building codes, electric and utility franchise fee agreements, and working together. • Councilmember Walker reported staff had been very active in finding locations for neighborhood parks and requested periodic updates from staff on this matter. Mayor Capretta suggested writing letters to the owners to try to get the land donated to the Village, which would be a tax writeoff . Mayor Capretta noted Mr. Buckwalter, Editor of Jupiter Courier, was present in the audience and that the reporter, Jim Turner, was being promoted and sent to Stuart . The new reporter, Lora Ide, was also present. X. ADJOURNr~NT Vice Mayor Schauer moved that the meeting be adjourned. Councilmember Walker seconded the motion, which carried by unanimous 5-0 vote. The motion was therefore passed and adopted and the meeting was adjourned at 9:02 p.m. Respectfully submitted, Betty Laur Recording Secretary VILLAGE COUNCIL MEETING MINUTES December 14, 2000 PAGE 24 ATTEST: Jo nn Manganie o Village Clerk DATE APPROVED: // 02 00/ •