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HomeMy WebLinkAboutMinutes_Regular_10/12/2000VILLAGE OF TEQUESTA DII'ARTMENT OF CO1~~IVILJNTIY DEVELOPMENT Post Office Box 3273 357 Tequesta Drive Tequesta, Florida 33469-0273 (561) 575-6220 Fax: (561) 575-6239 VII..LAGE OF TEQUESTA VII.,LAGE COUNCIL MEETING NIINUTES OCTOBEl~ 12, 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, October 12, 2000. The meeting was called to order at 7:02 P.M. by Mayor Joseph N. Capretta. A roll call was taken by Betty Laur, Recording Secretary. Councilmembers present were: Mayor Joseph N. Capretta, Vice Mayor Elizabeth A. Schauer, Councilmember Geraldine Genco, and Councilmember Sharon Walker. Also in attendance were: Village Manager Michael R. Couzzo, Attorney Leslie Hogan sitting in for Village Attorney John C. Randolph, Village Clerk Joann Manganiello, and Department Heads. Councilmember Basil E. Dalack arrived at 7:18 p.m. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Walker gave the Invocation and led those in attendance in the Pledge of Allegiance to the American Flag. APPROVAL OF AGENDA Councilmember Genco requested two topics under Any Other Matters. Councilmember Walker requested the following additions under Any Other Matters: (1) Nomination of Village Attorney Randolph, and (2) Status report from Planner Kara Irwin regarding the parking lot at Gallery Square North. Recycled Pctper • VILLAGE COUNCIL MEETING MINUTES October 12, 2000 PAGE 2 Vice Mayor Schauer made a motion to approve the Agenda as amended. Councilmember Genco seconded the motion. The vote on the motion was: Joseph N. Capretta - for Elizabeth A. Schauer - for Geraldine Genco - for Sharon Walker - for The motion was therefore passed and adopted and the Agenda was approved as amended. • IV. CONS~i[JNICATIONS FROM CITIZENS Harold Taylor, 13 Chapel Court, noted that at the last meeting the Village Council had approved a contract for demolition of half of the old Publix building at Tequesta Plaza by Thomas B. Cushing Demolition of West Palm Beach, Florida, in the amount of $87,750, and that the overall estimate presented in August for demolition had been $100,000, which left approximately $13,OOp for demolition of the second half of the building. Mr. Taylor indicated that by his calculations this exceeded the original estimate by 32%, and expressed concern that all other costs might also exceed the original estimates. Mr. Taylor requested that the Village Council revisit the original estimates to see if those numbers were still valid and if not, to revise them, and also requested a report to the public at the November Village Council meeting. Mr. Taylor stated he would like the report to consist of two columns of numbers, one for the August estimates and the other for the revised November numbers, with a reconciliation. John Giba noted that a lot of time had been spent at the last meeting reviewing every item on the budget, and expressed his opinion that the residents could read the entire resolution and only an overview needed to be given at the meeting to save time. Jim Humpaae read into the record the following request from Action Committee of Tequesta: ~~ VILLAGE COUNCIL • MEETING MINUTES October 12, 2000 PAGE 3 Prior to September 6th, 2000, 660 voters signed a petition for a referendum vote on the future Location of Village Hall . On September 6th, 2000, Tequesta 's Council voted 3-2 not to forward the referendum to the Supervisor of Elections, due to the text of that referendum. Mayor Capretta and Vice Mayor Schauer both stated however, if the Language were different they would support placing the decision on the ballot. The primary problem was, according to the Mayor and Vice Mayor, the language would limit the Village's offices to the 357 Tequesta Drive property. The Mayor and Vice Mayor wanted the ability to have future satellite offices at other locations within the Village in the event of expansion need. A.C.T. requests the Village Council or its` representative meet with members of A.C.T. and redraft the original referendum. We believe the people should be heard on this issue but understand the request of Council. We will • request the issue be placed on the March 2001 ballot or at an earlier special election if Council prefers. We feel time is of the essence and are ready to do our part immediately. Council should understand A. C. T, is prepared and wishes to work with Council so we all may put this issue in a text form acceptable and understandable to a11. We are in favor of new facilities, it is the immediate location we wish to resolve by a vote of our citizens. Mr. Humpage expressed his opinion that the Village Council was afraid of the outcome of a vote on this issue, noted that the average Village Councilmember was elected by only approximately 400+ votes, and commented many people had contacted the Committee asking why the referendum had been rejected. Mr. Humpage indicated that the Committee intended to petition the community again via a newsletter to be sent to all voters in the Village which would require only a "yes" or "no" response and would encourage every citizen to vote. Mr. Humpage asked the Village Council to work with the Committee. Cyrese Colbert, Property Manager of Gallery Square North, referred to Councilmember Walker's request for an update regarding the parking lot, and explained that improvements had been delayed until the lawsuit with the Village had been settled. Ms. Colbert advised that the final document had not been filed by the Village until September, and now VILLAGE COUNCIL • MEETING MINUTES October 12, 2000 PAGE 4 that the lawsuit was finished, the three owners-Mrs. Manning, Mrs. Campbell, and Lighthouse Gallery-could proceed with repairs. Ms. Colbert reportEd that the three owners would share equally in the cost of the repairs, and that last week a boundary survey had beep done. Planner Kara Irwin indicated that was the same information she had planned to report at this meeting, and that she had also heard the job had been bid. Ms. Colbert indicated she had called the Department of Community Development with that information and asked. if it had been communicated to Councilmember Walker. Ms. Irwin indicted that was to have been done during her report at this meeting. Pectgy Verhoeven, Point Drive, commented regarding a letter dated September 10 written by Councilmember Walker to Robert Hoya of the Chamber of Commerce, which she had discussed at the last meeting. Ms. Verhoeven asked whether Mayor Capretta had sanctioned t$is letter after he had issued a directive not to write that type of • letter. Councilmember Dalack arrived at this point in the meeting at 7:18 p.m. Councilmember Walker responded to Ms. Verhoeven that her letter clearly indicated that it was in response to a telephone conversation with Mr. Hoya. Councilmember Walker explained that her letter had nothing to do with anything the Mayor had said. Ms. Verhoeven asked the Mayor if he had sanctioned Councilmember Walker's letter, to which Mayor Capretta responded, no. VI. CONSENT AGENDA All items listed with an asterisk (*) are considered to be routine and will be enacted by one motion. There will be no separate discussion of these items unless a Village Councilmember so requests, in which event, the item will be removed from the Consent Agenda of Business and considered in its normal sequence on the Agenda. • Mayor Capretta read aloud the following Consent Agenda items: VILLAGE COUNCIL • MEETING MINUTES October 12, 2000 PAGE 5 ----------------------- U VI. PRESENTATIONS AND PROCLAMATIONS *A) Proclamation Declaring the Week of October 22-28, 2000, Florida City Government Week. VII. APPROVAL OF MINUTES AND REPORTS *A) Community Appearance Board Workshop Meeting; August 9, 2000; *B) Community Appearance Board Meeting, August 9, 2000; *C) Special Master Hearing, August 24, 2000; *D) Village Council Meeting, September 28, 2000; *E) ViZZage Manager Report, September 21 - October 6, 2000 X. NEW BUSINESS *E) Consideration of Request from Ric-Man International, Inc., Contractor for the Tequesta Country Club/Bermuda Terrace Water Main Replacement and Drainage System Improvements, Phase I, to Work on Veterans' Day, Observed by the Village of Tequesta as a Holiday on Friday, November 10, 2000. Motion was made by Vice Mayor Schauer to approve the Consent Agenda as read. The motion was seconded by Councilmember Genco. The vote on the motion was: Joseph N. Capretta - for Elizabeth A. Schauer - for Geraldine Genco - for Basil Dalack - for Sharon Walker - for The motion was therefore passed and adopted. C • VILLAGE COUNCIL MEETING MINUTES October 12, 2000 PAGE 6 VIII. DEVELOPMENT MATTERS A) Site Plan Modification Review For an Application From Comity Savings Bank for Two Drive-Through Teller Lanes and a Drive Through ATM Lane as Permitted by Section VII, (D) (6} (b} , C-2 Community Commercial District Permitted Uses, of the Village of Tequesta Zoning Ordinance No. 355, as Amended, to Allow for the Addition of Drive Through Facilities at the Community Savings Training Center located at 20 S. Waterway Road, Within the C-2 Community Commercial Zoning District of the Village of Tequesta. Planner Kara Irwin explained that Community Savings Bank wished to modify their training facility to include two drive-ip teller lanes. George G. Gentile of Gentile, Holloway, O'Mahoney • & Associates, Inc., agent for the applicant, presented the project and offered to hire Tequesta police to patrol for 3-5 days at peak hours when the drive-in windows opened to help orient the public to the fact they could no longer use the drive through area as access to or from Publix. Mr. Gentile explained that the walk-up ATM would remain, only one island was being removed, and that the parking exceeded code. Discussion ensued regarding the use of the current driveway as an exit from Publix and alternative exits. Vice Mayor Schauer commented she liked the additional landscaping. Councilmember Walker questioned whether 3-5 days would be sufficient to re-orient the public because people were returning for the season at different times, and suggested placing flexible directional guides consisting of PVC poles attached to the pavement by suction cups to help direct traffic. The applicant agreed to provide the directional guides, and to work with the Police Department regardi~.g the guides. Village Manager Couzzo thanked the applicant for working with the Police Department. Mr. Gentile indicated that construction would begin right after the first of the year, and the opening would be during the height of the season. • VILLAGE COUNCIL MEETING MINUTES October 12, 2000 PAGE 7 Vice Mayor Schauer made a motion to approve the Site Plan Modification of the Community Savings Bank for Two Drive-Through Teller Lanes and a Drive-Through ATM Lane with the amendments that the applicant would work with the Police Department to provide police officer patrol for 3- 5 days at opening and to install flexible directional guides to help direct traffic. Councilmember Walker seconded the motion. The vote on the motion was: Joseph N. Capretta - for Elizabeth A. Schauer - for Geraldine Genco - for Basil Dalack - for Sharon Walker - for The motion was therefore passed and adopted. 8) Review of Site Plan and Special Exception Conditions for Tequesta Motor Cars, Located at 746 U.S. Highway One North, a Motor Vehicle Dealership Within the C-2 Community Commercial District of the Village of Tequesta. Planner Kara Irwin explained that in July, 1989, Tequesta Motor Cars had been before the Village Council for Special Exception review and Site Plan review, which had been approved by the Village Council with eleven conditions of approval. One of the conditions had been to create a Declaration of Use Agreement in which the 26 criteria in the Code for motor vehicle dealersY}ips in the C-2 District was to be included. Ms. Irwin reported the Declaration of Use Agreement had never been done, that Tequesta Motor Cars was re-opening, and the applicant was reaffirming their position that they had created a Declaration of Use Agreement, which they would execute and record. Vice Mayor • Schauer questioned Attorney Hogan as to whether item number 5 in the agreement was a usual and • VILLAGE COUNCIL MEETING MINUTES October 12, 2000 PAGE 8 general paragraph in these types of agreements, to which the attorney responded that it was. Councilmember Genco stated that the Village code did not allow filming in this district; however, she had understood from the minutes that the Village Council had approved to allow filming. William Burckart, agent for the petitioner, explained that at the time the 1989 Ordinance had been approved, the Village Council wanted to avoid the carnival atmosphere that took place at automobile dealerships on Okeechobee Boulevard in West Palm Beach, which included live broadcasts by radio stations with loud music, costumed characters, and other gimmicks to try to draw people in off the street; and the .intent of the Village Council had been not to broadcast live in order to draw people into the dealership. Councilmember Genco stated she understood that was Mr. Burckart's interpretation of the intent and that Mr. Burckart may have been a part of the Board that had drafted that zoning; however, the existing zoning did not allow the proposed filming. Councilmember Genco read from the code, stated she understood that Mr. Burckart felt this did not address what he proposed, but stated that what needed to be looked at was whether the applicant could be given a special exception to this zoning ordinance. Mr. Burckart agreed it would be appropriate for the petitioner to reaffirm that the carnival atmosphere and the radio trucks would not be allowed. Councilmember Genco responded that the special exception that would be granted would be specific to the current owner and not transferable, meaning the property could not be sold to someone else and have them to do a television show there. Mr. Burckart expressed his opinion that an approval would run with the property, and agreed that the part that there would not be a carnival atmosphere would run with the land. Councilmember Genco requested the attorney work this out. Planner Irwin commented that a special exception was not being given tonight. Councilmember Genco responded that the Village Council had already passed it at a • VILLAGE COUNCIL MEETING MINUTES October 12, 2000 PAGE 9 ----------------------- previous Council meeting. Planner Irwin commented she believed the Village Council had discussed it when the applicant had given a presentation, but she did not believe any approval had been given. Councilmernber Genco responded she was not positive about that, but recalled reading it in the minutes. Mayor Capretta commented there had been discussion. Mr. Burckart commented that Mr. Ladd had indicated this was to be approved as a special event anytime the filming would take place, which was why the presentation had taken place when it did to make the Village Council aware of what was being done. Mr. Burckart advised that a special event did not require specific action by the Village Council, but Mr. Ladd had wanted the Village Council to be aware of it and for the Councilmembers to indicate their position on this matter.- Councilmember Genco requested this item • be tabled until corrections could be done to the Special Exception language part of the contract and requested direction from legal counsel. Attorney Hogan stated she believed "N" was open to interpretation, whether other similar media broadcasts from anywhere on the premises applied to filming or not; and that the word "live" broadcast was not there. Attorney Hogan stated that if the word "live" was in the code it would have helped this; and if the Village wanted to grant it as a special event, she was not familiar with that process and how it would apply. Attorney Hogan stated that without researching the semantics of it, she was inclined at this point to read "other similar media broadcast" to include any type of filming or broadcasting; that it was debatable, and that she would not assume filming to be excluded from that. Vice Mayor Schauer commented to Mr. Burckart that when he did his presentation he had asked for, and the Village Council had given him permissions to film on the premises--to which Mr. Burckart responded that was correct. Mr. Burckart advised that at this point a pilot was being produced which would be filmed • and then broadcast approximately fix months later. Filming would be for a maximum of two days, using • VILLAGE COUNCIL MEETING MINUTES October 12, 2000 PAGE 10 outside shots of the building to pick up the atmosphere that would be used for a number of shows, which was not to say they would not want to come back for more such shots; but if the pilot did not work after it had been broadcast on national TV, that would be the end of it. Vice Mayor Schauer stated it had been her impression that permission had only been given for current filming, and if the pilot did work, then the petitioner must return far additional approvals. Mr. Burckart confirmed that the petitioner had only requested approval for one time. Councilmember Genco asked if it would disrupt the petitioner's plans if this were delayed to the next Village Council meeting. Mr. Burckart responded it would disrupt their plans tremendously and the applicant would rather drop the whole filming issue. Village Manager Couzzo • apologized to Mr. Burckart and commented it had only come to his attention that day that there was the potential to do filming on the site; and reviewing the backup and the specific zoning code, item "N", it had appeared to him that there was potential for a conflict, and therefore it had been brought to the attorney's attention. Mr. Couzzo commented it had been his experience with these types of events that they were normally very positive for the community; however, the Village needed to find a mechanism to accommodate the request so that it would not be in conflict with the existing zoning. Vice Mayor Schauer responded that the Village Council had already given permission to film at a previous meeting. Attorney Hogan stated she did not have the minutes from that meeting to see what had transpired. During ensuing discussion, the Vice Mayor commented that when the presentation was made, traffic concerns were alleviated, the Village Council had been excited, that filming was now supposed to start this week or next, the Village Council had given them permission, and her preference was for the applicant to return if more • filming was to take place. Attorney Hogan advised that since the language was the Village's that the • VILLAGE COUNCIL MEETING MINUTES October 12, 2000 PAGE 11 ----------------------- Village of Tequesta had first preference in the interpretation-so if the Village Council wanted to interpret it as not including movie filming, or filming that takes place only at a specific time and is not a live broadcast, the Village Council could do that. Mr. Burckart explained that filming would be finished October 28. Councilmember Genco stated the Village Council could grant an exception for this month and that would take care of it. Mr. Burckart responded yes, and that in addition, there was going to be a change of the currently painted green shingle roof on the front of the building to be the same barrel the that was on the K-Mart building, and he was asking permission from the Village Council for that also, and would then go to Community Appearance Board. Planner Irwin} explained that Mr. Burckart was not here for site plan review or • special exception review tonight, which had been done in 1989, but was here to show his good faith and affirm that the agreement would be executed and recorded, and that he would go to the Community Appearance Board fob any exterior changes to color and the change to the barrel the roof after he received the blessing of the Village Council. Mayor Capretta questioned why the applicant was present tonight since permission had been previously granted, to which Planner Irwin responded that Village Attorney Randolph had provided direction that he return because the Declaration of IIse Agreement had never been executed and recorded, and he wanted them to come back to get on the public record that they would execute and record the agreement. Attorney Hogan stated that then the agreement was to be recorded before the permit was issued. Planner Irwin explained that the agreement was to be executed and recorded before the Village granted Tequesta Motor Cars a license to do business. Attorney Hogan advised that since the Village Council wished to allow the filming, the best solution would be to agree on the record that the Village • Council's interpretation of "N" was that it did not include filming but did include live broadcast • VILLAGE COUNCIL MEETING MINUTES October 12, 2000 PAGE 12 • since it was not being transmitted at the time it was being made, which was one definition of broadcasting something. Village Manager Couzzo commented that what that would do would permit the filming under the current zoning because of the Village Council's interpretation that filming was different than what they had defined in the zoning code. Councilmember Dalack commented that the agenda item was for review only and no motion was needed. Councilmember Walker questioned whether clarification was needed that Exhibit B, Sections L and N definitions did not include filming. Discussion ensued regarding motions that should be made. Vice Mayor Schauer made a nation to approve the Declaration of Use Agreement to be executed and recorded by Tequesta Motor Cars. Councilmember Walker seconded the motion. The vote on the motion was: Joseph N. Capretta - far Elizabeth A. Schauer - for Geraldine Genco - far Basil Dalack - for Sharon Walker - for • The motion was therefore passed and adopted. Councilmember Walker made a motion to clarify that Exhibit 2, Sections L and N did not include "filming". Vice Mayor Schauer seconded the motion. Councilmember Dalack asked whether the interpretation was to not prohibit filming, to which the response was yes. Councilmember Dalack stated the code was the code az~d could not be modified. Attorney Hogan responded it could be interpreted, and if there was a discussion about what it meant then what it meant was not as clear as it should be. Councilmember Dalack stated if it was not clear then it was invalid, it was void, i • VILLAGE COUNCIL MEETING MINUTES October 12, 2000 PAGE 13 and it was unconstitutional if it was not clear. Councilmember Dalack asked if the intent of the motion was not to disallow filming, to which the response was yes. Councilmember Dalack indicated he would vote to approve not to disallow filming. The vote on the motion was: Joseph N. Capretta - for Elizabeth A. Schauer - for Geraldine Genco - for Basil Dalack - for Sharon Walker - for The motion was therefore passed and adopted. IX. BOARD APPOINTMENT • A) Consideration of Appointment of one (1} Regular Member to the Board of Adjustment Effective November 14, 2000, With Said Term Expiring November 14, 2003. Councilmember Genco commented it appeared there was only one applicant, Steve Pullon, who had been on the Board since February. Councilmember Genco made a motion to reappoint Steve Pullon as a Regular Mennber to the Board of Adjustment effective November 14, 2000, with said term expiring November 14, 2003. Vice Mayor Schauer seconded the motion. Councilmember Walker questioned whether there had been a notice in Smoke Signals so that others could apply. Village Clark Manganiello responded that normally the Community Development Department notified Administration, who tried to put a notice in Smoke Sigtnals, and explained that there were normally more applicants for Commounity Appearance Board than for the Board of Adjustment. Ms. Manganiello reported there were no other applicants at this time. The vote on the motion was: • VILLAGE COUNCIL MEETING MINUTES October 12, 2000 PAGE 14 Joseph N. Capretta - for Elizabeth A. Schauer - for Geraldine Genco - for Basil Dalack - for Sharon Walker - for The motion was therefore passed and adopted. Cyrese Colbert, Property Manager for Gallery Square North, commented she had attended the last Community Appearance Board meeting and that currently there were no women on the Board-that the only women were the two alternates. Ms. Colbert inquired whether this was going to be a continuing problem, and stated she believed it should be balanced. • X. NEW BUSINESS A) Resolution No. 1-00/O1 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Approving a Temporary Employment Agreement With Richard Diamond for the Special Projects Coordinator Position with Funds Being Allocated from the Village Manager's Personal Services Salaries and Wage Account, Having a FY 2000/2001 Budget Amount of $209,571, and Authorizing the Village Manager to Execute the Applicable Agreement on Behalf of the Village. Village Attorney Couzzo reported at the last Village Council meeting the Council had requested review of the existing agreement with Mr. Diamond, and that he had submitted a memo recommending that Mr. Diamond's contract be extended through this calendar year as Special Projects Coordinator. Mr. Couzzo advised that the budged allowed for the additional pay. Village Clerk Manganiello read Resolution No. 1- 00/01 by title. • VILLAGE COUNCIL MEETING MINUTES October 12, 2000 PAGE 15 Vice Mayor Schauer made Resolution No. 1-00/O1. seconded the motion. The Joseph N. Capretta Elizabeth A. Schauer Geraldine Genco Basil Dalack Sharon Walker a motion to approve Councilmember Genco vote orb the motion was - for - for - far - for - for The motion was therefore passed and adopted. B) Resolution No. 2-00/O1 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Supporting the Loxahatchee River Management Coordinating CounFil's Resolution for the Provision for Rainfall and Ecologically • Based Flows and Levels in the Loxahatchee River System; Directing the Village Clerk to Furnish Certified Copies of this Resolution to the U.S. Department of Environmental Protection, Florida Department of Environmental Protection, Department of the Interior, Department of Game and Freshwater Fish Commission, State Senators Connie Mack and Bob Graham, and Congressional Representative Mark Foley; Providing an Effective Date. Village Manager Couzzo explained that Councilmember Genco had requested that this Resolution be placed on the agenda. Councilmember Genco explained that she had pxepared a draft letter and would like approval from the Village Council for it to go out along with the Resolution adopted by the Loxahatchee River Management Coordinating Council. Ms. Genco reported that scientists from South Florida Water Management District and representatives from the different watex control districts had held workshops to discuss the contents of the Resolution, which was meant to urge different congressional bodies to take action to help preserve the river, which was • being done because SFWMD had approved two permits which would lower the water table and cut off some • VILLAGE COUNCIL MEETING MINUTES October 12, 2000 PAGE 16 ----------------------- of the fresh water flow to the North Fork of the Loxahatchee River. Councilmember Genco reported that the permits had been issued without review or approval of Loxahatchee River Management Coordinating Council, and the Resolution would ask people for support. Mayor Capretta expressed concern that this could offend South Florida Water Management, to which Ms. Genco responded SFWNID had participated in the Resolution, and that she believed they felt guilty for not providing proper notice to Loxahatchee River Management Coordinating Council. Vice Mayor Schauer commented that she had called Matthew Morrison at SFWMD and he had indicated that SFWMD had no position on this Resolution. Mr. .Morrison had advised that the State had mandated that the restoration contained in this Resolution be done before December, 2001; and had indicated that restoration • was moving forward and was ahead of the deadline, and he hoped that the entire project would be accomplished ahead of the deadline date. Councilmember Genco commented that Mr. Morrison was working on restoration which was sepaxate from the fresh water flow, and the Resolution was to ask Congress and the Department of the Interior to politic for more money for projects like the one Mr. Morrison was working on to protect the river. Discussion ensued. Attorney Hogan pointed out an error in the Resolution by Loxahatchee River Management Coordinating Council, which was a wrong cite at the end. Attorney Hogan noted the reference should be 373.223 and not 373.233, and that a correction could be done with square brackets. Councilmember Walker commented she had concerns about the Village Council independently taking this action; that it was the choice of Loxahatchee River Management Coordinating Council to do so; that she understood SFWNID took no position; but that the Village currently had a good relationship with SFWMD, and she was hesitant to do this since it might jeopardize that relationship. Councilmember Walker reported she • had spoken to the Director of the South Indian River Control District who was not in favor of • VILLAGE COUNCIL MEETING MINUTES October 12, 2000 PAGE 17 ----------------------- this Resolution and who took a lot of time explaining his reasons to her. Councilmember Walker stated she did not wish to jeopardize the Village's good relationship with SE'WNID. Mayor Capretta also expressed concern that although the Village had good intentions he did not want to get into the middle of something in a multi-layered organization such as SFWMD. Ms. Genco stated her reason for wanting to do this was that the river had been degraded dramatically over the past 20 years due to water draw downs, dry seasons, and impact from people; that she had canoed down it many, many times by herself, and she hoped that this would get attention to preserve the river or get research money to maintain its pristine quality, which was the reason many of the residents lived in Tequesta. Mayor Capretta responded he understood, and had thought it was obvious that letting in fresh water would save the • river, but the more meetings he attended he was not so sure that was how to save the river because many of the organizations said that was the worst thing that could be done. Cour~cilmember Genco explained that the water flow was being cut off, which could allow salt water intrusion which would kill the cypress trees and then the rest of the ecosystem which needed fresh water. Councilmember Genco commented that one reason the river had received its historic title was because it was pristine, that the concern of the writers of the Resolution was that the verbiage was not strong enough, and asked why the Village should not support something to preserve their way of life. Mayor Capretta responded that Councilmember Genco wanted to do this because it was the right thing to do and that was the reason he would consider supporting it; however, strangely enough it could put the Village into an awkward position with the various organizations who were supposedly the experts, and he did not feel qualified to know whether his impulse was right. Vice Mayor Schauer reported she had asked Mr. Morrison if there would . be any repercussions to the Village if they supported the Resolution, and he said the District VILLAGE COUNCIL MEETING MINUTES October 12, 2000 PAGE 18 had no position, were aware of the Resolution, and were already working on different aspects of it, and he did not perceive any problem. Councilmember Dalack expressed his opinion that failure to approve the Resolution would show failure to support the Loxahatchee River Management Coordinating Council. Mayor Capretta responded he was not concerned with showing support for Loxahatchee River Management Coordinating Council, since it was a midget compared to SFWNID, who had all the power, and he had become disgusted with them when he had been the representative on that Board and their big issue had been reverse paddling of canoes and kayaks. Village Manager Couzzo reported that because of concern regarding possible adverse effects, staff had also contacted SFWNID, who had indicated that was unlikely. Village Manager • Couzzo recommended support of the Resolution. Vice Mayor Schauer made a motion to approve Resolution 2-00/O1. Councilmember Dalack seconded the motion. Attorney Hogan read Resolution 2- 00/01 by title. The vote orb the motion was: Joseph N. Capretta - for Elizabeth A. Schauer - for Geraldine Genco - for Basil Dalack - for Sharon Walker - against The motion was therefore passed and adopted. C) Consideration of Ratification of Proposed Collective Bargaining Agreement Between the Village of Tequesta and the Florida State Lodqe Fraternal Order of Police 2000-2003. Mayor Capretta announced that the Collective Bargaining Agreement had been, approved the previous day. Village Manager Couzzo reported that he had worked with Mr. Diamond and Sgt. Ricciardi to finalize negotiations, and that the VILLAGE COUNCIL MEETING MINUTES October 12, 2000 PAGE 19 final vote had been 12-2 with one absent. The Village Manager .indicated that the Village was fortunate to have such an excellent Police Department and Police Chief, and thanked Mr. Diamond and Sgt. Ricciardi for the mutually beneficial contract. Sgt. Ricciardi, on behalf of the FOP membership, thanked Mr. Diamond and Chief Allison and his co-representative Mr. Albrecht. Vice Mayor Schauer made a motion to approve the proposed Collective Bargaining Agreement between the Village of Tequesta and the Florida State Lodge Fraternal Order of Police 2000-2001. Councilmember Dalack seconded tht~ motion. The vote on the motion was: Joseph N. Caprett~ - for Elizabeth A. Schauer - for • Geraldine Genco for Basil Dalack for Sharon Walker - for The motion was therefore passed and adopted. D) Discussion/Comments Relative to the Loxahatchee River District "Septic Tank 2002 Plan" Mayor Capretta commented that when the Village had negotiated the sewer contract with ENCON, this plan had also been agreed to, which was a project to support the river. Village Clerk Manganiello explained that part of the agreement which resulted from the sewering mitigation was to work together to preserve the Loxahatchee River and also that the Village would support ENCON's attempts to sewer the remaining sections, which included Jupiter in the Pines, Shay Place, and other designated areas. Village Clerk Manganiello explained that she had provided copies to the Village Councilmembers from Richard Dent, Executive Director of ENCON, of the "Septic Tank • 2002 Plan" so they would be aware of areas sited for sewering, and explained that Mr. Dent invited • VILLAGE COUNCIL MEETING MINUTES October 12, 2000 PAGE 20 ----------------------- comments from the Village Council. Ms. Manganiello noted that she had provided the plan to the Councilmembers on September 22 to allow sufficient time for review, and expressed the hope that everyone had reviewed it. The Village Clerk commented that she would be happy to write a letter incorporating any comments from the Council; and advised that approval was not necessary but that comments regarding agreement or disagreement with any aspects of the proposed plan would be welcome; and that the Village Council had the option to make no comments if that was their desire. Mayor Capretta recalled that the Village had hired environmental consultants to study the river, and that they had produced a list of pollutants rated in order of importance, and the problem the Village had had was that septic tanks were low on the list of things that were polluting • the river. The Mayor noted that the cost to fix the septic tank problem was $10 million, and more important things would cost much less-which was a problem to the residents and to the Village. Mayor Capretta explained that in the negotiations for mediation, it had been agreed to pick a particular project to help improve the river, which would begin after the sewering was complete. Mayor Capretta questioned whether agreement had been reached on a project which would be jointly pursued, to which Ms. Manganiello responded that had not been done. Councilmember Walker explained that this had not come to Public Works because there had not been a Committee meeting, but that she and Mr. Dent had had numerous meetings to discuss options to benefit the Village, ENCON, and the river. The primary option was stormwater runoff, about which there was general lack of public knowledge and public participation. Mrs. Walker reported that this was an area in which ENCON had failed, by Mr. Dent's awn acknowledgment, but that it was an area in which the Village had succeeded very well. Councilmember Walker stated she had been waiting • for a Public Works Committee meeting to bring that possibility before the Committee and Mr. Dent had VILLAGE COUNCIL • MEETING MINUTES October 12, 2000 PAGE 21 given her specific ideas how to jointly produce public information and stormwater drain markings of same type. Councilmember Walker reported she was receiving an information package from Pinellas County, which had been very successful in this type of project. Councilmember Genco objected that this was not the subject of the agenda item and should be discussed under New Business. Councilmember Walker responded that she had been answering Mayor Capretta's question. Mayor Capretta asked whether anything in the package supported the objective the Village had, since he found nothing, and Councilmember Walker responded that it did not. Village Clerk Manganiello commented that it only dealt with septic tanks. Mayor Capretta commented that the problem the Village had always had with ENCON was their focus on sewers while they were chartered to protect the • river, and he wanted them to spend some of their sewer profits on other projects. It was the consensus of the Village Council not to comment on this item. Councilmember Genco made a motion that the Village Council not take any position on the Loxahatchee River District "Septic Tank 2002 Plan'. Vice Mayor Schauer seconded the motion. The vote on the motion was: Joseph N. Capretta - for Elizabeth A. Schauer - for Geraldine Genco - for Basil Dalack - for Sharon Walker - for The motion was therefore passed and adopted. XI. UNFINISHED BUSINESS A) Discussion of Meet & Greet Presentation • Councilmember Walker commented that this was a VILLAGE COUNCIL • MEETING MINUTES October 12, 2000 PAGE 22 continuation of a discussion she had brought up at the last Council meeting and per the request of Council she had typed the notes of that discussion, and requested deferral of the first Meet & Greet session to the December 14, 2000 Village Council meeting instead of the November 16 meeting in light of changes Mr. Cc~uzzo planned for the November meeting and a heavy agenda for that meeting. Councilmember Walker explained that the intent was not to give any appearance of selling, but to present extended life care facilities in the Village of Tequesta, that there would be no representatives from any project present, there would be literature available if anyone wanted it, there would be color renditions .~f available, or black and white renditions, site plans, etc., and this session would provide an opportunity for the Village Council to participate with the citizens. • Mayor Capretta expressed his opinion that this concept should be tried for a limited period of time, after which it would be reviewed, and if it worked it should be continued or if it did not work it should be discontinued and something else tried to obtain citizen participation. Councilmember Walker suggested trying one session in December and one in March, and to assess the results at the April Village Council meeting. Consensus was to direct the Village Manager to proceed with Councilmember Walker's proposal. XII. ANY OTHER MATTERS Councilmember Genco recommended using Pa]~m Beach County's annexation program. Councilmember Genco explained that under this program the County would assist the Village with areas like Bermuda Terrace and Pine Tree Road, and would do everything necessary, including X11 of the public notices, surveys, and resolutions, and would pay for everything, which would save the Village both money and staff time. Councilmember Genco noted that an attempt to annex Bermuda Terrace a few years ago had been • unsuccessful; however, at that time the Village had had no carrot and now the carrot was that the Bermuda Terrace • VILLAGE COUNCIL MEETING MINUTES October 12, 2000 PAGE 23 residents would get back some of the money they would pay for sewer connection fees. Councilmember Genco stated that the Village also might get back sgme of the money they were spending on the water lines, swales, and landscaping, since all of the costs of improvements were split three ways among the County, the Village, and the land owners. Councilmember Genco commented that the only thing the Village had to do was to give them the costs that had been spent and the .projects that had been done. Councilmember Walker commented that in light of a recent move by the Palm Beach County League of Cities to form an annexation committee because legislatively mandated annexation was coming, she agreed with Councilmember Genco, and recommended that all avenues be explored and properly coordinated through the Village Manager's office. Vice Mayor Schauer commented that the last annexation effort had been very embarrassing, but if the Village did not have to do anything and Village staff did not have to be utilized, then she had no problem with Councilmember Genco's proposal. Councilmember Walker commented that she suspected Palm Beach County was taking a cue from Broward County, and the more voluntary annexation that could take place before it was legislatively mandated, the better it would be. Vice Mayor Schauer commented she had heard a man comment at a meeting she had attend~:d that he was a resident of Bermuda Terrace and he had all the benefits of the Village, to which she had not responded. Mayor Capretta expressed his opinion that it had to be proved to an area that it was to their benefit to be annexed, and that during the sewering issue the Bermuda Terrace leaders had come to depend on the Village for support . Mayor Capretta suggested that if these leaders supported annexation then they could persuade the people in their area that it would be to their advantage to annex. Mayor Capretta commented that he believed the timing was right now to approach Bermuda Terrace with such a proposal, and he would support Ms. Genco's proposal. Councilmember Genco commented that the Mayor's idea could be noted to the County and requested approval to have Palm Beach County work on the annexation. Councilmember Dalack expressed his opinion that people should be left alone unless they voluntarily approached the Village and asked • to be annexed, and if the County did it voluntarily that ld b i wou e great. Counc lmember Dalack commented that he • VILLAGE COUNCIL MEETING MIN[TTES October 12, 2000 PAdGE 24 would not like the County to use his tax dollars for involuntary annexation. Councilmember Genco reported that one area wanted to annex to the Village now. It was the consensus of the Village Council to direct staff to work with the County on this issue and Ms. Genco stated she would be glad to help with the work if necessary. Councilmember Genco advised she had contacted Dana Anderson regarding the Tequesta Country Club gates and had learned that the TCCCA Board had taken action and that the gates had to come down within the next 25 days . Ms . Genco reported that Mr. Anderson had asked if Public Works could repair the jog in the sidewalk when the gates were taken away. Councilmember Walker asked when th~_TCCCA Board had decided to remove the middle gates. Councilmember Genco reported it had been at the last Board meeting by a 3-1 vote. Discussion ensued. Pert Town reported that she had attended the TCCCA Board meeting and the decision was made • on Monday of this week at the October Board meeting that the gates would come down within the next three weeks, and it was her understanding that Tequesta Country Club would give the Tequesta Country Club Community Association $1,000 toward the project, which would reduce the $2,000 authorized by the TCCCA Board for the project. Village Clerk Manganiello commented that Mr. Anderson had come to see her regarding the .possibility of the Village contributing money for removal of the middle gates and had brought up the possibility of reconfiguri~.g the path. Ms. Manganiello explained that Public Works Director Gary Preston had confirmed that the Village had not paved the reconfigured pathway and she had explained to Mr. Anderson that anything the Village might do to restore the pathway to its original format would need to be brought before the Village Council. Councilmember Genco stated she was asking the Council to back up Mayor Capretta's statement that he would do whatever it took if the emote was in favor of removing the gates. Mayor Capretta stated that tonight's discussion was only for the two monuments across the street from the Country Club that said "Middle Gate"; but at the old north gate it was a mess and looked like a pile of rubble, and in addition at the Village limits a sign welcomed people to the north gate and plaques • indicated a north gate, and he had heard no plans to th remove ose and to restore the north gate to actually be • VILLAGE COUNCIL MEETING MINUTES October 12, 2000 PAGE 25 the north gate and to have the sign at the Village limits to read "Entering Tequesta Country Club Community", and clean up the whole mess. Councilmember Genco commented that the intent was to restore and refurbish everything. Councilmember Genco made a motion to support TCCCA and to restore the sidewalk. In response to a question from Councilmember Dalack, Mr. Preston verified that the Village could restore the pathway, and that he was not aware of what the cost would be but it would probably be $600-$700, which would be an expense to the Village. Councilmember Dalack questioned whether ~.t was necessary to straighten the pathway, to which the response was yes. Mayor Capretta requested coordination of the sidewalk work with the removal of the gates, and Vice Mayor Schauer requested a condition that they fix ev~rythinq. Mayor Capretta suggested they could be given 90 days to fix everything. Village Clerk Manganiello advised that the • hold harmless agreement which was recorded may need to be undone. Mayor Capretta recommended that the same contractor be used to remove the gates and restore the sidewalk and the Village would pay the portion it cost to restore the sidewalk. Councilmember Dalack seconded the motion. During discussion of the motion, Village Manager Couzzo questioned whether the structure was located in the right-of-way, to which the response Was affirmative. Attorney Hogan advised that she did not think the hold harmless agreement would need to be removed. Councilmember Walker expressed problems with this motion in that the Village had no formal written request from the TCCCA Board, and that this was only a request from Mr. Anderson via Councilmember Genco, and tY~ere was no plan submitted by TCCCA as to what else they were going to do, if anything, and that there was nothing illegal with what had been constructed and this seemed to be a neighborhood or social problem but it was not a legal problem and did not inhibit sight of traffic. Councilmember Walker commented that if she lived in another n~Righborhood, she might want the Village to fix her sidewalk, too. Mayor Capretta noted those were good points end the approval • should require them to go through the process. Councilmember Genco stated they would have to qo through • VILLAGE COUNCIL MEETING MINUTES October 12, 2000 PAGE 26 the process but her motion did not include going through the process, just simply that she had been requested as a Councilperson, by Mr. Anderson, and shy was asking the Council on his behalf pursuant to a conversation she had with him on October 6 to assist him end the Tequesta Country Club Association with restoring the sidewalk at Village expense. Mayor Capretta suggested requesting Mr. Anderson to come to the Village Council with his request. Councilmen~er Genco stated she had a mot~.on on the floor and there could be discussion about what she proposed but a vote was needed on the motion . Mr . Dala4ck verified that his second to the motion stood. The vote on the motion was: Joseph N. Capretta - against Elizabeth A. Schauer - for Geraldine Genco - for • Basil Dalack = for Sharon Walker against The motion was therefore passed and adopted by 3-2 vote. Councilmember Genco officially requested as New Business for the next Village Council Meeting that a Resolution be prepared for a referendum to be voted on at the Village Council meeting for the public to be given the opportunity to vote on the location of the Village Hall. Councilmember Genco stated she was not asking that a vote be taken at this point in time, simply that the proper language be constructed and presented to the Village Council at the next meeting as New Business for a vote. Councilmember Genco requested that the Village Manager proceed with her request, to which Mr. ~ouzzo responded he would work with legal counsel and make arrangements to do that. Councilmember Walker publicly congratulated Village Attorney Randolph for his appointment as President Elect of the Florida Municipal Attorneys Assoc~,ation, which was a great compliment and reflected highly on Mr. Randolph's character and abilities; and stated that she felt the • Village was very lucky to have such a well qualified person as their Village Attorney. Attorney Hogan thanked • VILLAGE COUNCIL MEETING MINUTES October 12, 2000 PAGE 27 Councilmember Walker on behalf of Mr. Randolph and their firm. Dottie Campbell advised that she was Assistant Clerk for Precinct 13 and had received a sample ballot for the November election. Ms. Campbell reviewed items on the ballot. Due to the complicated ballot and the length of the ballot items, Ms. Campbell requested that everyone read the ballot in advance and decide on their votes since each person was limited to five minutes in the voting booth. Ms. Campbell verified that she had asked people to leave after five minutes. Ms. Campbell advised that sample ballots were available from the Supervisor of Election's office. Ms. Campbell requested that everyone tell ten people to read the sample ballot, and each of those ten could tell ten more, and so on. Mayor Capretta proposed putting a notice in the next issue of Smoke Signals. Village Clerk Manganiello conunented that the • Supervisor of Elections usually published a sample ballot in the newspaper. Councilmember Dalack suggested placing a notice in Smoke Signals that there was a 5-minute limit in the booth and the ballot was extensive, so that people should do their homework and be prepared to vote within the five-minute limits. Ms. Campbell asked that it also be in the notice that a photo ID was required. Village Clerk Manganiello commented that she could make ballots available at the Village offices and she believed they were also available at the library. XIII. 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 VILLAGE COUNCIL MEETING MINUTES October 12, 2000 PAGE 28 ----------------------- meeting was adjourned at 9:10 p.m. Respectfully submitted, Betty Laur Recording Secretary ATTEST: Joann Mangani to Village Clerk DATE APPROVED: /C ,~ a o0 d •