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HomeMy WebLinkAboutMinutes_Regular_04/08/1999 VILLAGE OF TEQUESTA Post Office Box 3273 250 Tequesta Drive Suite 300 Tequesta, Florida 33469-0273 (561) 575-6200 Fax: (561) 575-6203 VILLAGE OF TEQUESTA VILLAGE COUNCIL MEETING MINUTES APRIL 8, 1999 • 1' 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, April 8, 1999. The meeting was called to order at 7:00 P.M. by Mayor Elizabeth A. Schauer. A roll call was taken by Betty Laur, Recording Secretary. Councilmembers present were: Mayor Elizabeth A. Schauer and Councilmembers Joseph N. Capretta, Basil Dalack, and Ron T. Mackail. Also in attendance were: Village Manager Thomas G. Bradford, Attorney Scott Hawkins sitting in for Village Attorney John C. Randolph, village Clerk Joann Manganiello, and Department Heads. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Mackail gave the Invocation and led those in attendance in the Pledge of Allegiance to the American Flag. APPROVAL OF AGENDA The following additions were requested under ANY OTHER MATTERS: Councilmember Mackail requested permission to address an issue with Attorney Hawkins and Mayor Schauer requested discussion of Jupiter High School. VILLAGE COUNCIL • MEETING MINUTES April 8, 1999 PAGE 2 --------------- Couacilmember Mackail made a motion to approve the Agenda as amended. Couacilmember Capretta seconded the motioa. The vote oa the motion was: Elizabeth A. Schauer - for Joseph N. Capretta - for Basil Dalack - for Ron T. Mackail - for The motioa was therefore passed and adopted and the Agenda was approved as amended. IV. VILLAGE COUNCIL CONSIDERATION OF APPOINTMENT TO FILL UNEXPIRED TERM OF THE LATE ALEXANDER ~P. (ALEC) CAMERON, SEAT ONE, TEQUESTA VILLAGE COUNCIL. . Mayor Schauer reported that she had given a eulogy for Mr. Cameron at his funeral service that afternoon, and requested that the flag in front of the Village Hall be at half mast the following day in honor of Mr. Cameron. Couacilmember Capretta made a motion that the flag in front of the Village Hall be flown at half-mast on April 9, 1999 in honor of the late former Councilmember Alexaader (Alec Cameron. Councilmember Mackail seconded the motion. The vote on the motion wars Elizabeth A. Schauer - for Joseph N. Capretta - for Basil Dalack - for Ron T. Mackail - for The motioa was therefore passed and adopted. Mayor Schauer extended sympathy to Mr. Cameron's family. Mayor Schauer reported receipt of letters and phone calls from residents William J. Russell, Jr.; Geraldine Genko; VILLAGE COTTNCIL • ~LTING MINOTLS April 8, 1999 PALL 3 --------------- Mr. Little; Mr. Blum; and Mr. Hansen expressing their interest in being on the village Council. Mayor Schauer reported numerous letters had been received from residents in favor of Mr. Hansen and stating his qualifications. Russell Von Frank, 489 Dover Road, expressed his opinion that the whole community was not working together and requested better communication to the residents from the village Council. Sharon Whitsell, 257 Golfview Drive, listed Carl Hansen's qualifications and urged the Council to appoint Mr. Hansen to fill the vacant Council seat. Sharon Hayward, 27 Shay Place, spoke against the appointment of Mr. Hansen and urged that the citizens vote • for the person they wished to fill the vacant Council seat. Sharon Walker, 315 River Drive, thanked each member of the village Council for responsibly following the Village Charter, expressed her opinion that those who did not agree with the actions taken by the Village Council should work to change the Charter, and requested that the Village Council appoint Carl Hansen to fill the vacant Council seat. Leslie Cook, 17 Say Harbor, requested that the Village Council consider appointing someone living in a different area than the Country Club to fill the vacant seat and to give someone new a chance to serve. Geraldiae Geako, 7 Country Club Circle, expressed her interest in serving on the village Council and gave her qualifications. Peggy verhoeven, Point Drive, discussed a letter she had sent to the members of the Village Council and which had been published in the Jupiter Courier and requested that • the vacant seat not be filled immediately but that VILLAGE COUNCIL • MEETING MINUTES April 8, 1999 PAGE 4 --------------- applications continue to be taken by the Village Council, and that someone new and from an area other than the Country Club be chosen. Mrs. Verhoeven requested an update on the offer made at the last meeting from John Giba to donate lapel microphones, to which Mayor Schauer responded that Mr. Giba had requested permission to speak on that issue later in the meeting. Councilmember Capretta commented that all the people he had spoken with who wanted someone new on the village Council were not willing to serve themselves. Councilmember Capretta questioned whether Mrs. Genko had ever attended a meeting before tonight, to which she responded she had not. Councilmember Capretta expressed his opinion that getting people to serve from different geographic locations was a good idea, but reported that no one had been willing • to serve. Councilmember Capretta explained that he was looking for a reasonably qualified person who had expressed an interest in the village by attending Village Council or committee meetings, or serving on a village Board, thus indicating they were trying to become more qualified to serve. Councilmember Capretta commented he had been unopposed for re-election on a couple of occasions because no one wanted the job, and reported that a woman who lived on Beach Road who had expressed an interest in serving had changed her mind when she realized the amount of work required. Councilmember Capretta stated that capable people willing to do the work were needed, and he was not in favor of appointing someone who had never attended any meetings to show their interest in the Village. Councilmember Capretta welcomed everyone to attend Redevelopment Committee meetings to learn about facility needs and help with solutions, and reviewed possible alternatives which had already been discussed. Councilmember Capretta stressed the importance of the people understanding such issues so that they could provide their input. Councilmember Capretta commented that the Village Council worked hard and represented all the people. • VILLAGg COUNCIL • D~~STING ffiINUTFsS April 8, 1999 PAGN 5 --------------- Councilmember Mackail commented that he took exception to comments that the Village Council was not democratic, and explained that each year each member the Village Council of the Village Council made a list of priorities they wanted to see accomplished for the village, from which was established a list of priorities to be accomplished within the year; and also a list of priorities for the Village Manager to accomplish within the year. Councilmember Mackail commented he had read in the newspaper that day that the Village Council was not financially or administratively competent, and stated he wished the village auditors were present to hear that, because the Village Council had worked very hard to maintain a very stable tax base and the village was financially strong. Councilmember Mackail expressed his desire for a person to fill the vacant seat who was objective, who would work with • the Council and the community, go out into the community to make sure they knew what people were saying and work with their heart and not their emotions. Councilmember Mackail cautioned it was not an easy job, that it took him 12 hours to prepare for a Council meeting, that weekend and evening time must be devoted, that there were many phone calls, and that "getting beat up" at meetings was a part of the job. Councilmember Mackail expressed his desire for the most qualified person who would devote time and be a leader in the community. Councilmember Dalack commented that each Friday every Councilmember received a packet of material and referred to an organizational chart of the village which had been included in a recent packet. Councilmember Dalack commented that the residents were at the top, then the village Council, then the Village Manager, and stressed that what was important was that the residents were at the top. Councilmember Dalack expressed his opinion that filling the vacancy on the Village Council should be delayed and that Smoke Signals be used as a vehicle for an • advisory ballot as he had proposed at the last meeting, and that if the ballots indicated a majority in favor of Mr. VILLAGE COIINCIL b~ETING MINOTES April 8, 1999 PAGE 6 --------------- Hansen to fill the vacant seat, Councilmember Dalack stated he would vote for Mr. Hansen and would nominate him to fill the seat. Councilmember Dalack stated that the Village Council had the legal authority under the Village Charter to appoint a successor; that the Charter stated they may appoint a successor but there was no requirement to do so; and the only requirements to be a Village Councilmember were to live in Tequesta and to be a registered voter. Councilmember Dalack reviewed his proposal for an advisory ballot. Mayor Schauer reported she had spoken to three residents of Tequesta Oaks, one of which had indicated they were interested. Mayor Schauer reported letters had been received indicating who they wished to replace Mr. Cameron and that she had been spoken to by many residents when she • was out at the grocery store, etc., who also indicated their desires. Mayor Schauer commented that the Village Councilmembers had been elected to represent the entire Village and she believed any decision they made would be in the best interest of the whole village and would benefit the whole Village. Councilmember Mackail expressed his opinion that the members of the Village Council had been elected to make decisions and he did not believe business meetings of the Village Council should be based on referendums or an advisory ballot, and the job of the village Council was to make sure facts were brought forward and to make decisions based on those facts. Councilmember Mackail expressed his position that he was not in favor of an advisory ballot. Mayor Schauer recalled that an independent firm had polled residents in a random survey to determine their position on having the YMCA come to Tequesta, and expressed her opinion that same avenue should be followed in the future if a poll was determined to be needed. Mayor Schauer expressed her opinion that the members of the Village Council had been elected to make decisions for the whole • Village. VILLAGE COUNCIL MEETING MINUTES April 8, 1999 PAGE 7 --------------- Councilmember Mackail made a motion to appoint Carl Hansea to fill vacant Village Council seat number one. Councilmember Capretta seconded the motion. The vote oa the motion Wass Elizabeth A. Schauer - for Joseph N. Capretta - for Basil Dalack - against Ron T. Mackail - for The motion was therefore passed aad adopted. Councilmember Dalack explained he had voted against the motion, but not Mr. Hansen, because he was against the process used, to which Councilmember Capretta responded that was the process stated in the Village Charter and any other process would be illegal. V. OATH OF OFFICE TO INCOMING COUNCILMSa~ER (IF NEEDED) Village Manager Bradford administered the oath of office to incoming Councilmember Carl C. Hansen. Councilmember Hansen expressed his sincere thanks to the Village Council for his appointment and thanked the residents who had sent the many letters recommending him and those who had spoken in his support earlier in the meeting. Councilmember Hansen welcomed phone calls from residents and stated he would work hard to represent all the residents of the Village. VI. VILLAGE COUNCIL REORGANIZATION A) Election of Council Officers for Ensuing Year 1) Mayor • VILLAGE COUNCIL • MEETING MINUTES April 8, 1999 PAGE 8 --------------- Mayor Schauer stated she had enjoyed being the Mayor for the past two years; however, current demands from her full-time job requiring additional time necessitated a request to step down from the position of Mayor. Mayor Schauer thanked the other Councilmembers who had stepped in for her when she could not attend meetings and when her mother became ill. Village Manager Bradford opened the floor for nominations for Mayor. Mayor Schauer made a motion to aomiaate Couacilmember Mackail as Mayor. Couacilmember Capretta seconded the motion. There being no other nominations for Mayor, Village Manager • Bradford called for a vote. The vote on the motion was: Elizabeth A. Schauer - for Joseph N. Capretta - for Basil Dalack - for Ron T. Mackail - for The motion was therefore passed sad adopted. Mayor Mackail thanked Mrs. Schauer for her great job as mayor and thanked the Village Council for the opportunity to serve as Mayor. Mayor Mackail pledged to do the best job he could to perform in the best interests of the village. 2) Vice-Mayor Mayor Mackail passed the gavel and made a motion made a motion to nomainate Councilmember • Haasea as Vice Mayor. Couacilmember Dalack VILLAGE COUNCIL • MEETING MINUTES April 8, 1999 PAGE 9 --------------- seconded the motion. The vote on the motion was: Ron T. Mackail - for Joseph N. Capretta - for Basil Dalack - for Elizabeth A. Schauer - for The motion was therefore passed and adopted. B) Designation of Committee Chair and Co-Chair 1) Finance & Administration Committee Village Manager Bradford explained that the Finance & Administration Committee was also the Audit Committee of the Village, and the former Chair had been then Vice Mayor Hansen, and Co-Chairs had been Councilmembers Mackail and Capretta. During the ensuing discussion, Mayor Mackail, Councilmember Dalack, and Councilmember Capretta indicated a desire to serve on this committee. It was the consensus of the Village Council that Mayor Mackail be the Chair. Councilmember Schauer made a motion made a motion to appoint Mayor Mackail as Chair of the Finance & Administratioa Committee, and to appoint Councilmembers Capretta aad Dalack as Co-Chairs. vice Mayor Hansen seconded the motion. The vote on the motion was: Ron T. Mackail - for Carl C. Hansen - for Joseph N. Capretta - for Basil Dalack - for Elizabeth A. Schauer - for • vlLr~,GE cotrNCIL • MEETING MINUTES April 8, 1999 PAGE 10 --------------- The motioa was therefore passed and adopted. 2) Public Safety Committee Village Manager Bradford announced that the current Chair of the Public Safety Committee was Elizabeth Schauer and the current Co-Chair was Joseph Capretta. Discussion ensued. Councilmember Schauer indicated a desire to continue as Chair. Councilmember Dalack made a motion that the Public Safety Committee be comprised of Councilmembers Schauer aad vice Mayor Hansen. Councilmember Capretta seconded the motioa. The vote on the motioa was: • Ron T. Mackail - for Carl C. Hansen - for Joseph N. Capretta - for snail Dalack - for Elizabeth A. Schauer - for The motion was therefore passed and adopted. 3) Public works Committee Mayor Mackail indicated that the present Chair of the Public Works Committee was Councilmember Elizabeth Schauer. Councilmember Schauer expressed a desire to continue as Chair and Vice Mayor Hansen expressed a desire to serve as Co-Chair. Councilmember Dalack made a motioa that the Public Works Committee be comprised of Councilmember Schauer and vice Mayor Hansen. • Councilmember Capretta seconded the motioa. The vote on the motion Wass VILLAGE COUNCIL • MEETING MINUTES April 8, 1999 pAaE 11 --------------- Ron T. Mackail - for Carl C. Hansen - for Joseph N. Capretta - for Basil Dalack - for Elizabeth A. Schauer - for The motion was therefore passed and adopted. village Clerk Manganiello called point of order and requested that a motion be made to include appointments as Chair and Co-Chair for the Public Safety Committee and for the Public works Committee. Councilmember Dalack made a motion that Chair of the Public Safety Committee shall be Councilmember Schauer and that the Co-Chair • shall be Vice Mayor Hansen. Couacilmember Capretta seconded the motion. The vote oa the motion was: Ron T. Mackail - for Carl C. Haasea - for Joseph N. Capretta - for Basil Dalack - for Elizabeth A. Schauer - for The motion was therefore passed and adopted. Councilmember Dalack made a motion that Chair of the Public Works Committee shall be Vice Mayor Hansen and that the Co-Chair shall be Couacilmember Schauer. Councilmember Capretta seconded the motion. The vote oa the motion was: Ron T. Mackail - for Carl C. Hansen - for • Joseph N. Capretta - for VILLAGE COUNCIL • MEETING MINUTES April 8, 1999 PAGE 12 --------------- Basil Dalack - for Elizabeth A. Schauer - for The motion was therefore passed and adopted. 4) Redevelopment Committee Discussion was held, after which the following motion was made. Councilmember Schauer made a motion that Chair of the Redevelopment Committee shall be Mayor Mackail and that the Co-Chairs shall be Councilmembers Capretta aad Dalack. Councilmember Capretta seconded the motion. The vote on the motion was: Ron T. Mackail - for Carl C. Hansen - for Joseph N. Capretta - for Basil Dalack - for Elizabeth A. Schauer - for The motion was therefore passed and adopted. C) Designation of village Councilmembers and Representatives to various Governmental Assemblies 1) 2) 3) 4) 5) 6) 7) • 8) Palm Beach County League of Cities Loxahatchee Council of Governments Palm Beach Countywide Beaches & Shores Council Loxahatchee River Management Coordiaatiag Council Indiaatowa Road and Bridge Task Force Palm Beach Countywide intergovernmental Coordination Program NAMAC - Police NAMAC - Fire VILLAGE COUNCIL • MEETING MINOTES April 8, 1999 PAGE 13 --------------- Village Manager Bradford suggested that the Village Manager be appointed second alternate where an alternate was required, so that in the event the appointee or alternate could not attend a meeting, the Village Manager could attend in their place. Discussion ensued regarding who should serve as representative to each of the various governmental assemblies. Vice Mayor Hassan made a motion to designate the following representatives and alternates: 1) Palm Beach County League of Cities: Representative: Councilmember Dalack Alternate: Mayor Mackail Secoad Alternate: Village Manager • Bradford 2) Loxahatchee Council of Governments: Representative: Couacilmember Schauer Alternate: vice Mayor Hansen Secoad Alternate: village Manager Bradford 3) Palm Beach Countywide Beaches & Shores Council: Representative: William D. Griffis Alternate: John H. Holton Second Alternate: Village Manager Bradford 4) Loxahatchee River Management Coordinating Council Representative: Councilmember Dalack Alternate: Councilmember Schauer Second Alternate: Village Manager Bradford 5) Iadiantown Road and Bridge Task Force Representative: Councilmember Schauer Alternate: Village Manager Bradford VILLAGE COIINCIL • MEETING MINUTES April 8, 1999 PAGE 14 --------------- 6) Palm Beach Countywide Intergovernmental Coordination Program Representative: Councilmember Capretta Alternate: Councilmember Dalack 7) NAMAC - Police Representative: Vice Mayor Haasea Alternate: Police Chief Allison 8) NAMAC - Fire Representative: Councilmember Capretta Alternate: Fire Chief 9) Eastward Ho! Representative: vice Mayor Haasea Alternate: Staff Planner The motion was seconded by Councilmember Schauer. The vote oa the motion Wass • Ron T. Mackail - for Carl C. Hansen - for Joseph N. Capretta - for Basil Dalack - for Elizabeth A. Schauer - for The motion was therefore passed and adopted. VII. APPOINTMENT OF VILLAGE OFFICERS A) Consideration of Thomas G. Bradford as village Manager Councilmember Dalack commented that he would not oppose appointment of Mr. Bradford; however, he had the impression that Mr. Bradford put himself first- -before the interests of the Village, and it would be to Mr. Bradford's advantage to put the Village first. Councilmember Capretta commented he believed Mr. Bradford did an outstanding job, and • explained that Mr. Bradford's name got attached to vILZAGE co~NC=z • MEETING MINOTES April 8, 1999 PAGE 15 --------------- controversial issues; however, since he always did exactly what the Village Council told him to do, the heat he received rightfully belonged to the Village Council. Councilmember Capretta stated that the truth of the matter was that Mr. Bradford was an administrator who was given clear direction from the village Council and who did exactly what he was told, and who deserved very little of the heat he received, because he could not be blamed for carrying out orders. Mayor Mackail commented that Mr. Bradford had done an excellent job, agreed with Councilmember Capretta's comments, stated that Mr. Bradford worked endless hours to provide information to the Village Council, and his experience had been that Mr. Bradford put the village first. • Councilmember Schauer made a motion to reappoint Thomas Bradford as Village Manager. vice Mayor 8aasen seconded the motion. The vote oa the motioa alas Ron T. Mackaii - for Carl C. Haasen - for Joseph N. Capretta - for Basil Dalack - for Elizabeth A. Schauer - for The motion was therefore passed and adopted. B) Consideration of Joann Manganiello as Village Clerk Councilmember Capretta commented that Ms. Manganiello did an excellent job, and had taken on the duties of Water Manager in addition to her other tasks when that position became vacant. Councilmember Schauer commented that Ms. Manganiello had exceeded her responsibilities and • had done an excellent job, and thanked her for her VILLAGE COtTNCIL • ~BTING MINDTES April 8, 1999 PAGE 16 --------------- help. Mayor Mackail commented that Ms. Manganiello was well deserving of the appointment. Couacilmember Schauer made a motion to Joana Manganiello as village Clerk. Councilmember Dalack seconded the motion. The vote on the motion was: Ron T. Mackail - for Carl C. Sansen - for Joseph N. Capretta - for Basil Dalack - for Elizabeth A. Schauer - for The motioa was therefore gassed and adopted. • VIII. CO1~dQNICATION FROM CITIZENS John Giba, 78 Fairview East, commented that Councilmember Capretta had made some valid points that people did not participate in making decisions but were quick to criticize decisions made by the Village Council, and that not enough people came out to important Village Council meetings. Mr. Giba expressed his opinion that there were two reasons for this: (1) that there were no announcements ahead of time about certain meetings and that he had made a suggestion a long time ago that the main items on the agenda be published in the Jupiter Courier and in Smoke Signals, which he believed would encourage more people to attend and participate in decisions. Mr. Giba stated he was referring to committee meetings as well as Village Council meetings. (2) The second reason stated by Mr. Giba was that members of the audience could only hear about half of what was going on at the podium; and he had volunteered to pay for lapel microphones so the audience could hear what was said when the speaker was turned away from the microphone. Village Manager Bradford assured Mr. Giba that the Village • Council was willing to explore this issue and that Pearson Audio was working on a quote to be presented to Mr. Giba, VILLAGT CODNCIL • NETTING MINOTTS April 8, 1999 PACT 17 --------------- and would need to analyze the site since a different receiver would be required. Mr. Giba indicated he wanted to donate funds for the lapel microphones but that $10,000 was his limit. Hattie Siegel, 498 Dover Road, inquired as to when compensation was set for the Village Manager and village Clerk. Village Manager Bradford responded that compensation was set for the village Clerk at the time of budget adoption; compensation was set for the Village Manager during the review process and also through budget adoption. Mrs. Siegel responded that the Village Charter which stated compensation was to be set at a meeting subsequent to the date of the annual election the Village Council shall pass a resolution for the Manager's and Clerk's salary. Mrs. Siegel referred to the "Please Take • Notice and Be Advised" section of the agenda which stated "If any person decided to appeal any decision made by this Council with respect to any matter considered at this meeting or hearing, he/she will need a record of the proceedings, at that, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based'; and questioned when during a meeting a resident desiring to appeal should ask for this. Mrs. Siegel was advised that it was the responsibility of the residents to have a verbatim record made of the proceedings, that this was not a request they needed to make during a meeting, and that the Village's Recording Secretary could not be used for this purpose. Councilmember Capretta explained that at the beginning of each year 4-5 priorities were established by the Village Council to be accomplished during the year, and also five priorities that they wanted the Village Manager to accomplish during the year, which might or might not be in support of the objectives established for accomplishment . by the village Council. Councilmember Capretta explained that the Village Council periodically reviewed village VILLAGE COUNCIL • MEETING MINUTES April 8, 1999 PAGE 18 --------------- Manager Bradford's performance, explained the process used, and adjusted his salary based on performance. Councilmember Capretta stated that the Village Manager's performance needed to be reviewed every year, and should be done again since the last review had been in October, 1997. Councilmember Capretta commented that the top five objectives of the Village Council and those for the Village Manager should be public information. Peggy verhoevea, Point Drive, questioned when resolutions or ordinances were used, to which Mayor Mackail responded that the village Council took information provided by staff and based on that information made decisions. Village Manager Bradford explained that ordinances were typically used for passing a law requiring placement into the Village Code or if a specific State statute was required. Village • Manager Bradford explained that most resolutions were for administrative purposes and were not required to be in resolution form, but the Village used resolutions for the sole purpose of having a record of the item being proposed. The Village Manager Bradford provided examples to further clarify use of resolutions. IX. CONSENT AGENDA All items listed with an asterisk (*) are considered to be routine and will be enacted by one motion. There will be ao separate discussion of these items unless a village Councilmember so requests, in which event, the item will be removed from the Coaseat Agenda of Business and considered is its normal sequence on the Agenda. Mayor Mackail read aloud the following Consent Agenda items: X . PRESENTATIONS AND PROCLAMATIONS *B) Proclamation Designating April, 1999 as Confederate VILLAGE CODNCIL MEETING MINUTI3S April 8, 1999 PAGE 19 --------------- History Month in the Village of Tequesta. XI. APPROVAL OF MINUTES AND REPORTS *A) Community Appearance Board; December 16, 1998; *B) Finance & Administration Committee; February 26, 1999; *C) Village Council Meeting Minutes; March 4, 1999; *D) Special Village Council Meeting, March 18, 1999; *E) Village Managers Report: March 1, 1999 to April 2, 1999 XII. APPOINTMENTS *A) Consideration of Reappointment of Mo11y McCormick • to a One Year Term on the Community Appearance Board with Said Term Expiring April 12, 2000. *B) Consideration of Reappointment of Sharon Walker to a One Year Term on the Community Appearance Board with Said Term Expiring April 11, 2000. IX. NEW BUSINESS *I) Consideration of Approval of Village Police Department Surplus Item Bid Award to Winners Motor Corp., Brooklyn, New York for a 1992 Ford Crown Victoria in the Amount of $2, 160. (Staff Recommends Appraval) *J) Consideration of Approval of Village Police Department Surplus Item Bid Award to FZorita Paras, West Palm Beach, Florida, for a 1995 Ford Crown Victoria in the Amount of $4,550. (Staff Recommends Approval) Motion was made by vice Mayor Hansen to approve the Consent Agenda as submitted. The motion was seconded by VILLAGE COUNCIL MEETING MINUTES April 8, 1999 PAGE 20 Councilmember Schauer. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for Basil Dalack - for Ron T. Mackail - for The motion was therefore passed and adopted. X. PRESENTATIONS AND PROCLAMATIONS A) Status Report oa the Reverse Osmosis Treatment Facility; Bill Reese; Reese, Macon & Associates, Coasulting Eagineer. • Mr. Reese reported two wells had been completed, and final completion should be accomplished in November, 1999. Mr. Reese invited individuals to tour the plant. Mr. Reese explained that either well could operate the first train, and explained there had been no change orders to this point. Mr. Reese reported that in his opinion the contractor was doing a good job and that the project was thirteen days behind schedule; however, it had been thirteen days behind for 9 months. Mr. Reese explained that the best rate had been obtained from FP&L and reviewed items which would be coming before the Village Council for approval. Mr. Reese recommended that chemicals initially be leased. Mr. Reese verified that full-time inspection was in place and that either well could fulfil the needs of the plant. Councilmember Dalack requested Mr. Reese's phone number in order to tour the plant and Vice Mayor Hansen stated that each time he had visited the plant he had been impressed with its complexity. • XIII. DEVELOPMENT MATTERS • VILLAGE COUNCIL MEETING MINUTES April 8, 1999 PAGE 21 --------------- A) Modified Site Plan Review and Landscape waiver Request for Plaza 222, 222 U.S. Highway One, for the additioa of 4,839 Sq. Ft. to the rear parkiag area, which the applicant proposes to purchase from the Village of Tequesta. Robert Shaw, Applicant. Director of Community Development Scott D. Ladd reported staff had worked with Mr. Shaw, who had made an offer to purchase the property, and had requested modifications to landscaping so that the land could be used for parking. Mr. Ladd recommended that the village Council condition any approval of the site plan review by requiring that Mr. Shaw continue to pursue the purchase, obtain necessary permits, and complete the work. Robert Shaw described the property he wished to purchase • and stated he was requesting a waiver to the landscape code to accommodate parking. Mr. Shaw explained that the property would look a lot better with the improvements he proposed.. Councilmember Schauer questioned whether Mr. Shaw was willing to replace all of the dead and dying plants, and received clarification that the telephone and power poles on the property could not be seen from the street. Mr. Ladd recommended that replacement of the dead and dying plants be made a condition of approval. Mr. Ladd clarified that staff had worked with Mr. Shaw to get as much landscaping on the property as possible, recognizing there were serious constraints on the property, and reported that Mr. Shaw was asking for waivers which were minor and were listed on the plans. Councilmember Schauer made a motion to accept the Site Place aced Landscape waiver Request for Plaza 222, 222 U.S. Highway One, for the additioa of 4,839 Sq. Ft. to the rear parkiag area, which the applicant proposes to purchase from the village of Tequesta, with the staff comments and conditions that the applicant replace all dead aced dying plants oa the property, that the applicant must properly screen the dumpster oa his property, that . VILLAGE COUNCIL NBETING MINUTES April 8, 1999 PAGE 22 --------------- double parallel painted lines shall mark the parking spaces, that the applicant must purchase the land from the Village of Tequesta for the agreed upon price is order for approval to be valid, and that a permit shall not be issued for the proposed work until after the land purchase deal is closed. The motion was seconded by Councilmember Capretta. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for Basil Dalack - for Ron T. blackail - for The motion was therefore passed and adopted. • B) Appeal of Community Appearance Board Decision Regarding Dollar Tree Sign Submittal to the Village Council per Section 7-4(c) of the Code of Ordinances. (A Quasi- Judicial Hearing) 1) Swearing In of witnesses, if Required Village Clerk Manganiello swore in all those intending to speak. 2) Disclosure of Ex-Pane Communications A poll of the Village Council revealed no exparte communication. Councilmember Dalack clarified that he had not discussed this matter with his wife, a member of the Community Appearance Board, and that his position on this issue would be in accordance with the statute. 3) Testimony of witnesses and Cross Examination, if Any • VILLAGE COUNCIL ~FTING MINOTLS April 8, 1999 PAGF~ 2 3 --------------- Attorney Gary Betensky spoke on behalf of Dollar Tree, and explained that the issue for consideration by the Village Council was a variance to allow Dollar Tree to use their service mark and its green color. Attorney Betensky explained that the Community Appearance Board had objected to the use of the green color in Tequesta Shoppes, where Dollar Tree's store was scheduled to open the next week, which had a different color scheme in terms of signs. Attorney Betensky explained that the color was a patented trademark, and that the law regarding use of color for trademarks had been discussed with the Community Appearance Board. Attorney Betensky distributed copies to the members of the Village Council of the leading case regarding this issue from the Ninth Circuit Court • of Appeals for the Ninth Circuit and the United States Supreme Court case on which the Ninth Circuit Court had based their case. Attorney Betensky explained that the U.S. Congress had passed the Latham Act dealing with patents and trademarks, the following portion of which was relevant to this issue: No State or municipal government or any political subdivision or agency of any such government may require that a registered mark be displayed in any manner that differs from the mark as issued by the Patent and Trademark office. Attorney Betensky explained that the Dollar Tree trademark included both the lettering and color, and the cases quoted had established that color was as important in a trademark as the design or other features of a trademark. Attorney Betensky explained that the applicant was requesting to be able to use the color approved as their trademark to distinguish their store from competitors. Attorney Betensky explained that a significant majority of the Dollar • Tree stores used their trademark, and further discussed the issue. • vIZLAGE covNCIL MEETING MIN't7TES April 8, 1999 PAGE 24 --------------- Mr. Ladd explained that the Community Appearance Board had voted to approve the application presented by Dollar Tree subject to the color being changed to conform to the uniform sign color of the shopping center on both the main wall sign on the building and the sign that would be on the free- standing sign. The marque sign under the walkway was allowed to keep the green color. Mr. Ladd explained that the Community Appearance Board did not want a color that would clash with the other established colors in Tequesta Shoppes, and several times had mentioned that even Walgreens and Publix had volunteered to change their colors to conform. Mr. Ladd stated he did not know whether the colors of Walgreens and Publix were trademarks. Attorney Betensky explained that the shopping center landlord had contracted with Dollar Tree and offered no objection to their sign color, and explained that case material and photographs taken around the Tequesta area of other shopping centers showing different signs had been provided to the Councilmembers. Attorney Betensky indicated the position of the applicant was that their sign color would not detract from the beauty of the Village. Councilmember Capretta commented that this issue was a legal question and questioned Attorney Hawkins, who responded he had been substituted into the meeting and had not reviewed the case other than to read the backup material provided, which appeared to say what had been reported and that he had no reason to believe it had not been properly reported. Councilmember Schauer questioned Attorney Hawkins regarding information provided on the case decision made by the Ninth Circuit Court. Councilmember Schauer discussed the Dollar Tree store in Stuart, stated it would have been nice to have had the • VILLAGE COUNCIL FETING D~INUTES April 8, 1999 PAGE 25 --------------- information provided by the applicant at this meeting before the meeting, and indicated that most shoppers did not care what the color of the sign was, but that they liked the store. Attorney Hawkins stated he had read the opinion of the Ninth Circuit Court and quoted the following material: We hold that a zoning ordinance may not require a change in a registered mark. A zoning ordinance may, however, preclude the display of a mark, as Tempe did when it precluded Blockbuster from constructing its awning on the exterior of its leased building in the shopping center. Precluding display of a mark for zoning purposes is permissible; requiring alteration of a mark is not. • Councilmember Capretta expressed his opinion that the Village Council had no choice since the opinion stated the color could not be changed. Councilmember Dalack stated he was not prepared to vote on this issue tonight, and if the statute absolutely prohibited he would vote for reversal; if it did not, he would vote to uphold. Paul Coben, member of the Community Appearance Board, discussed the color of the Dollar Tree sign at the Stuart store, which was white. Mr. Coben explained that the green color was garish, intentioned to clash with other colors to draw attention to the Dollar Tree sign. Mr. Coben commented that the Community Appearance Board had compromised by allowing the green color to be used in the sign under the walkway, and stated that the only exception to uniform sign colors in this shopping center was the Raymond James sign, which was stainless steel and therefore did not clash with the other colors. Mr. Coben commented that • Walgreens and Publix had changed their colors on their signs and questioned why Dollar Tree would • VILLAGES COIINCIL FETING MINtJT$S April 8, 1999 PAGE 26 --------------- want to make trouble rather than being a good neighbor. Mayor Mackail stated he agreed with the decision of the Community Appearance Board. Attorney Betensky stated that Mr. Coben was more aggressive than he had been at the Community Appearance Board meeting, where a nice discussion had taken place. Attorney Betensky stated that Mr. Coben made it sound like Dollar Tree had intentionally designed this sign for this shopping center in the green color to conflict with the other colors, and that was not true, since they had been using this color nationwide since 1991. Attorney Betensky stated Dollar Tree believed • themselves to be good neighbors, and took exception to the comment that they were not; and explained that had also been mentioned at the Community Appearance Board meeting, along with accusations that Dollar Tree had come in with intimidating lawyers, which was untrue. Attorney Betensky explained that he had been retained to represent and be the mouthpiece for the applicant at the Village meetings, and that Dollar Tree expected to be a tenant in Tequesta Shoppes for a long time . Attorney Betensky stated that since the issue regarding the Walgreens and Publix sign colors had been raised that the applicant had researched and found that neither Walgreens or Publix colors had been trademarked, which was why color had not been an issue with them. Rick Pelkey, Project Manager for Dollar Tree stores from their corporate office in Chesapeake, Virginia, explained that prior to their service mark registration they had had no recourse against municipalities or landlords dictating the color, size, and design of their signs, and that some older stores did not yet display the trademark. Mr. Pelkey explained that • VILLAGE COtTNCIL MEETING MINOTES April 8, 1999 PAGE 27 --------------- the trademark was for identification so that people would know what was in the store when they saw the sign. Mayor Mackail explained that what other stores displayed was not the issue; the issue was only that the color of the sign for the Tequesta store conform. Councilmember Schauer read from a letter dated 1986 to the builder of the shopping center setting forth a Community Appearance Board decision regarding a color band of burgundy/white/turquoise which had been revised to only white. Mr. Ladd explained that this shopping center had the most successful uniform sign colors of any shopping center in the Village. Mr. Ladd explained that uniform sign colors were either provided by the landlord or by • the Village when an application was submitted. Vice Mayor Hansen expressed support for the decision made by the Community Appearance Board. Councilmember Capretta stated he was disgusted that this matter was before the Village Council since it was obviously a legal issue and if the village was legally required to comply then the Village should comply. Councilmember Capretta stated he did not know why the Village Manager had allowed this issue to be on the agenda without a legal opinion; and questioned Attorney Betensky as to whether the applicant would legally pursue the issue. Attorney Betensky responded he had not received direction from the applicant regarding whether they would pursue legally; but pointed out this was contemplated in the Tequesta zoning code in Section 12 t3) which stated that standard trademark signs may be permitted provided they meet the technical requirements of this section and the building and • electrical codes. Attorney Betensky explained that the applicant believed they met those technical • vILr~AGE couxclL MEETING MINUTES April 8, 1999 PAGE 28 --------------- requirements. Attorney Betensky stated he stood corrected on the Walgreens matter, having learned that in 1998 Walgreens applied for a service mark in red which was now pending. Attorney Betensky stated the applicant was being bound because someone in 1986 decided to set up the shopping center with a uniform sign code, and that this was thirteen years later and business practices had changed. Attorney Betensky explained that we did not live in a uniform society, mentioned that the wall sign could not be seen from U.S. One, that Dollar Tree could not begin to deviate from the trademark because of maintenance requirements of the trademark, and respectfully disagreed that color was not important, citing the Shell sign which everyone recognized by its color. • Councilmember Dalack questioned Attorney Hawkins regarding Village code which required a decision by the Village Council within seven days of the meeting appealing a decision by the Community Appearance Board. Attorney Hawkins responded that it had been determined that the case must be heard at tonight's meeting; and informed the Village Council that this case did say what had been represented by the applicant in terms of the inability of a local government to change a trademark. Attorney Hawkins stated that this was a Ninth Circuit Court case which was not necessarily binding in the Eleventh Circuit Court, which was the governing court for this area. Attorney Betensky verified that the Supreme court case provided did not address the Lanham Act in regard to the case of the Ninth Circuit Court, but had been included to point out that color could be trademarked. • 4) Finding of Fact Based Upon Competent, Substantial Evidence: VILLAGE COUNCIL • NESTING MINUTES April 8, 1999 PAGE 29 --------------- a) Motioa to Approve/Deny/Modify Application/ Appeal Councilmember Schauer made a motion to postpone judgement until the next meeting to allow time to review the material provided. Vice Mayor Hansen seconded the motion. Councilmember Dalack requested an amendment to the motion to add the provision that an opinion by the village Attorney be provided with a recommendation to the village Council relative to their decision. Village Clerk Manganiello called point of order, stating that a motion had been made and seconded and questioning whether the motion must be acted upon before proceeding with an amendment. • Attorney Hawkins advised that the maker of the motion must agree to the amendment and the motion must be re-seconded with the amendment. Councilmember Schauer agreed to the amendment. Attorney Hawkins stated he was not clear that the Village Council was entitled to cause a postponement to occur on their decision without reconvening within the seven-day time period required by the village Code. Village Manager Bradford clarified that the Village Council would have to meet in seven days to reconvene this hearing at a special meeting held solely for that purpose and to make a decision. After further discussion, Councilmember Schauer stated she would withdraw her motion. Councilmember Schauer stated she would make a new motion to dewy the appeal. Councilmember Capretta commented that he would like to reverse the motion to approve the sign if the • Village Council was legally allowed to do so, and that it was up to the Village's attorney • VILLAGE COUNCIL MEETING MINOTES April 8, 1999 PAGE 30 --------------- to tell the Village Council whether it was legally allowed to deny the appeal. Councilmember Capretta stated the Village Manager should not have allowed this appeal to be on the agenda when it needed a legal opinion, and that Attorney Hawkins had not given the village Council any advice. Councilmember Capretta commented it was clear that the Village Council would support the Community Appearance Board's decision if it were legal to do so, but the attorney for the applicant had stated it was not legal, and the two attorneys needed to get together and then tell the village Council what was legal. Councilmember Capretta asked that the attorneys work out what was legal. Mayor . Mackail stated that it was the desire of the village Council to adhere to the decision of the Community Appearance Board. Councilmember Schauer stated that she would re-state her motion, which was to deny the appeal aad to support the Community Appearance Board. Attorney Betensky stated if it would assist the village Council to have a legal opinion that he would be more than happy to discuss the legal issues with Attorney Hawkins. Attorney Hawkins stated it would have to be stipulated this eveniag that this hearing would be reconvened within seven days. Councilmember Hansen seconded the motion. The vote oa the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - abstain Basil Dalack - for • Ron T. Mackail - for • VILLAGE COUNCIL MEETING MINUTES April 8, 1999 PAGE 31 --------------- village Clerk Manganiello advised that it alas not possible to abstain unless there was a conflict of interest. Couacilmember Dalack stated he would vote for the motion. Councilmember Capretta stated he did not see how he could be forced to break the law since the applicaat~s attorney had stated it was illegal do so, and that had bees confirmed by Attorney Hawkins. Councilmember Capretta stated he did not see how the other members of the Village Council could vote the way they did aad unless Attorney Hawkins told Councilmember Capretta that he could legally vote to support the Community Appearance Board he did not see how he could be asked to break the law. Attorney Hawkins explained that what • he had tried to say to the Village Council was that the act seemed to say what the applicant represented it to say and the case seemed to say what the applicant represented it to say; the Supreme Court case had bees clarified that there was nothing in particular is that case bearing on the issue; and the case was a Ninth Circuit Court case which was sot from our circuit; however, the Act of Congress seemed to say what the applicant represented that it said--that you cannot as a local goverment cause a mark to be altered. Councilmember Capretta stated that seemed fairly clear; Attorney Hawkins stated that seemed to be what was indicated. Mayor Mackail questioned the vote, to which the Recording Secretary responded that the vote had been four in favor with one against. Couacilmember Capretta clarifie8 that he did not vote against the motion, but had abstained. • The motion was therefore passed sad adopted. • VILLAGE COUNCIL MEETING MINUTES April 8, 1999 PAGE 32 --------------- Attorney Betensky questioned whether further appeals could be made within the municipality and was advised by Attorney Hawkins that further appeals must be made outside the municipal system. XVI. NED~ BUSINESS A. Consideration of Approval of the Village Manager's Proposed Appointment of Matthew Morrison as Tequesta Utilities Director Pursuant to Section 3.02(7) of the village Charter. (Staff Recommnends Approval) Village Manager Bradford explained that Mr. Morrison, • currently employed by the City of west Palm Beach Utilities Department, had been the top choice for Tequesta Utilities Director. Village Manager Bradford reviewed Mr. Morrison's qualifications, introduced Mr. Morrison to the Village Council, and recommended his appointment as the first Tequesta Utilities Director. Mr. Morrison assured the Village Council that he would make sure employees were well-trained in current technology for reverse osmosis, and provided information regarding his duties at the west Palm Beach Utilities Department. Mr. Morrison was welcomed by the Village Council. Mayor Mackail expressed his interest in possible future expansion of the Village's water sales area. Vice Mayor Hansen made a motion to Approve the Village Manager's recommendation to appoint Matthew Morrison as Tequesta's first Utilities Director. Motion area seconded by Councilmember Schauer. The vote on the motion was: Elizabeth A. Schauer - for • Carl C. Hansen = for Joseph N. Capretta for • VILLAGE COUNCIL MEETING MINUTES April 8, 1999 PAGE 33 --------------- Basil Dalack Ron T. Mackail for for The motion was therefore passed and adopted. B. Resolution No. 25-98/99 - Approving Bid Award for the Biological Monitoring Program (Jupiter Inlet) to Toxikon of Jupiter, Florida, in the Amount of $47,877, with Funds Being Appropriated from the Water Revenue Bonds, Series 1998, and Authorizing the village Manager to Execute the Applicable Contract on Behalf of the Village. (Staff Recommends Approval) Attorney Hawkins read Resolution No. 25-98/99 by title only. • village Clerk Manganiello explained that this monitoring program was a requirement under the Village's Industrial wastewater Facility Permit for reverse osmosis discharge, and was conducted to verify that no significant impact to the receiving waters occurred. Councilmember Schauer made a motion to approve Resolution No. 25-98/99. Motion was seconded by Councilmember Capretta. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for Basil Dalack - for Ron T. Mackail - for The motion was therefore passed and adopted. Councilmember Dalack questioned whether it was required that voting by the Village Council be taken by roll call for each individual or whether voting could be done by asking for all in favor and all opposed. village Manager Bradford explained that the Village Council had chosen to • VILLAGE COtTNCIL MEETING MINUTES April 8, 1999 PAGE 34 --------------- vote by roll call. Councilmember Schauer explained that the Village Council had made that decision when a problem had resulted because a former Councilmember would not acknowledge his vote. C. Resolution No. 26-98/99 - Approving Bid Award for Nell Rehabilitation for a 16 Month Contract (J~ne 1, 1999 through September 30, 2000) to Aquifer Maintenance and Performance Systems (AMPS) of Davie, Florida, in the Amount of $89,450, with Funds for FY 1998/1999 Being Appropriated from the Nater Enterprise Fund, Having a FY 1998/1999 Budget Allocation of $40,000, and Subject to Funds Being Appropriated and Approved by the village Council for FY 1999/2000, and Authorizing the Village Manager to Execute the Applicable Contract on Behalf of the Village. (Staff Recommends Approval) • Attorney Hawkins read Resolution No. 26-98/99 by title only. Village Clerk Manganiello explained that this bid award would provide funds for well rehabilitation for the Village's surficial wells for the remainder of the 1998/1999 fiscal year and for FY 1999/2000 subject to Village Council approval for FY 1999/2000. The contract was based on a unit cost per well for rehabilitation and on an as needed basis. vice Mayor Hansen made a motion to approve Resolution No. 26-98/99. Motion was seconded by Councilmember Capretta. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for Basil Dalack - for Ron T. Mackail - for • The motion was therefore passed and adopted. • VILLAGE COUNCIL MEETING MINOTES April 8, 1999 PAGE 35 --------------- D. Resolution No. 27-98/99 - Approving Bid Award for General Laboratory Services for a 16 Month Coatract (June 1, 1999 through September 30, 2000) to Toxikoa of Jupiter, Florida, in the Amount of $21,515.60, with Funds for FY 1998/1999 Being Appropriated from the Nester Enterprise Fund, Having a FY 1998/1999 Budget Allocation of $26,500, and Subject to Funds Being Appropriated and Approved by the Village Council for FY 1999/2000, and Authorizing the Village Manager to Execute the Applicable Coatract oa Behalf of the village. (Staff Recommends Approval Attorney Hawkins read Resolution No. 27-98/99 by title only. Village Clerk Manganiello explained that this bid award • would provide funds general laboratory services for the remainder of FY 1998/1999 and for FY 1999/2000 subject to Village Council approval for FY 1999/2000. The contract would cover performing sampling and analysis of the Village's raw and finished water as required by regulatory agencies and as needed by the Village. Vice Mayor Hansen made a motion to approve Resolution No. 27-98/99. Motion was seconded by Councilmember Capretta. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for Basil Dalack - for Ron T. Mackail - for The motion was therefore passed and adopted. E. Resolution No. 28-98/99 - Approving a Proposal for Lease of Hydrogen Peroxide System and Purchase of Hydrogen • Peroxide Necessary for the Pretreatment of the Effluent Disposal from the Reverse Osmosis Treatment Facility for VILLAGE COUNCIL MEETING MINUTES April 8, 1999 PAGE 36 --------------- a 16 Month Contract (June 1, 1999 through September 30, 2000) to Vulcan Chemical Technologies, Inc., of Orlando, Florida, in the Amount of $35,400, with Funds Being Appropriated from the gPater Revenue Bonds, Series 1998, and Authorizing the village Manager to Execute the Applicable Documents on Behalf of the Village. (Staff Recommends Approval) Attorney Hawkins read Resolution No. 28-98/99 by title only. Village Clerk Manganiello explained that this bid award would provide funds to lease a hydrogen peroxide system for 16 months in order to pretreat the reverse osmosis discharge with this chemical as required by the Village's Industrial waste Permit from Florida Department of . Environmental Protection. Vice Mayor Hansen made a motion to approve Resolution No. 28-98/99. Motion was seconded by Councilmember Schauer. The vote on the motion was: 8lizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for Basil Dalack - for Ron T. Mackail - for The motion was therefore passed and adopted. F. Resolution No. 29-98/99 - Awarding Bid to Aiello Landscape, Inc., of Hobe Sound, Florida, for Country Club Drive Streetscape Improvements in the Amount of $133,775, Saving a FY 1999 Capital Improvement Fund Total Budget Allocation of $138,000 and Authorizing the Village Manager to 8xecute the Applicable Contract on Behalf of the Village. (Staff Recommends Approval) Attorney Hawkins read Resolution No. 29-98/99 by title VILLAGE COUNCIL MEETING MINUTES April 8, 1999 PAGE 37 --------------- only. Director of Public works Gary Preston commented that the only bidder had been Aiello Landscape, Inc., which had previously provided excellent service to the Village; and explained that this bid would cover Phase I. Mr. Preston co~nented that this project had been very well received by the residents. Mr. Preston explained that all sewer work was scheduled for Phase III, approximately two years from now. Councilmember Schauer commended Mr. Preston for a good job in working with the residents on this project. The advertising process was explained for the benefit of Councilmember Dalack. Councilmember Schauer made a motion to approve Resolution No. 29-98/99. Motion was seconded by Vice Mayor Hansen. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for Basil Dalack - for Ron T. Mackail - for The motion was therefore passed and adopted. G. Resolution No. 30-98/99 - Awarding village Health Insurance Benefit Plan to Florida Municipal Insurance Trust of Orlando, Florida and Authorizfag the village Manager to Execute nocumeats Necessary to Effectuate the Same. (Staff Recommends Approval) Attorney Hawkins read Resolution No. 30-98/99 by title only. Village Manager Bradford compared the proposed plan to the current United Health Care plan, and explained how it . would affect different employees. Village Manager Bradford explained that the proposed change would provide • vILLAGE coUNCIL MEETING MINIITES April 8, 1999 PAGE 38 over $73,000 in savings to the taxpayers, and employees would save over $12,000 in payroll insurance deductions. Co-payments per office visit would increase from $5.00 to $10.00, a larger service network would be provided with greater benefits when an employee went outside the network, a dental insurance discount would be provided, and the total claims per person cap would change from unlimited to $1 million per person. Village Manager Bradford explained that the Fraternal Order of Police and the Communications Workers of America had been notified of the proposed change. The village Manager explained how the proposed plan would affect the different classes of employees. Village Manager Bradford requested authority to change to the proposed plan and to provide the information to the employees. Councilmember Capretta questioned whether benefits were negotiable; to which the • Village Manager responded that any additional benefits requested would cause the cost of the plan to increase. It was pointed out that it was difficult to obtain good health coverage because of serious pre-existing conditions of some employees. Councilmember Schauer requested that the village Manager Bradford ask whether alternatives could be provided. Councilmember Dalack expressed preference that the majority of employees make the decision. It was clarified that pre-existing conditions would be covered under the proposed plan. Mayor Mackail commented that feedback was needed; to which Village Manager Bradford responded that there would not be another meeting of the Village Council until after the anniversary date of the policy. Councilmember Dalack made a motion to authorize the Village Manager to change health insurance carriers if he obtained approval by the majority of workers of the village. Vice Mayor Hansen seconded the motion. During discussion, Councilmember Schauer requested that the Village Manager request changes to the proposed plan but • to look at what was best for everyone, because of how the plan change might affect employees with serious pre- • VILLAGE COIINCIL MEETING MINiTTES April 8, 1999 PAGE 39 --------------- existing conditions. village Manager Bradford explained that in the past, health care plans had been changed based on what was best for everyone but without consulting the employees. Village Manager Bradford advised that if there was not consensus to change the plan that the cost of the health insurance program would increase a minimum of 13~ on May 1, 1999. Councilmember Dalack stated he would modify his motion: Councilmember Dalack made a motion that the Village Manager shall be authorized to change health insurance carriers unless a clear majority of the Village employees disapproved of the change of carriers. Mayor Mackail expressed his opinion that the Village Council should not tie the hands of the manager in the event there were • issues he needed to negotiate. Village Manager Bradford advised that the change might only be for one year, since the pre-existing conditions of certain employees should not exist in a year, and if the change was not made the Village would experience a minimum 13~ increase on May 1, 1999. Councilmember Dalack clarified the motion: Councilmember Dalack made a motion that the village Manager shall be authorized to change health insurance carriers unless a clear majority of the village employees vote against the change of carriers at a meeting to be held as soon as practical. vice Mayor Hansen seconded the motion. The vote on the motion was: Elizabeth A. Schauer - against Carl C. Hansen - for Joseph N. Capretta - for Basil Dalack - for Ron T. Mackail - against • The motion was therefore passed aad adopted. VILLAGE COUNCIL MEETING MIN[JTES April 8, 1999 PAGE 40 --------------- H. Resolution No. 31-98/99 - Awarding Village Life Insurance Benefit Plan to Canada Life, and Authorizing the village Manager to Execute Documents Necessary to Effectuate the Same. (Staff Recommends Approval) Attorney Hawkins read Resolution No. 31-98/99 by title only. Village Manager Bradford explained that the Village was required to receive approval from the Communications Workers of America collective bargaining unit prior to implementing the proposed change, which would save the village $8,000+. The Village Manager compared the proposed plan to the existing plan, and requested authorization to change life insurance carriers subject • to approval from the Communications Workers of America. Councilmember Schauer made a motion to approve Resolution No. 31-98/99 with the condition that prior approval be received from the Communication Workers of America. Motion was seconded by Councilmember Dalack. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for Basil Dalack - for Ron T. Mackail - for The motion was therefore passed and adopted. R. Resolution No. 32-98/99 - Authorizing the Issuance of a Note of the Village in the Principal Amount of $108,000 to Finance the Acquisition of Computer Hardware and Software; Providing that Such Note shall be a Limited Obligation of the village Payable from Non-ad valorem Revenues of the Village; Providing for the Rights, Securities and Remedies for the Owner of Such Note; • VILLAGE COUNCIL MEETING MINUTES April 8, 1999 PAGE 41 --------------- Making Certain Covenants and Agreements in Connection Therewith; Providing an Effective Date; and for Other Purposes. (Staff Recoamnends Approval) Attorney Hawkins read Resolution No. 32-98/99 by title only. Village Manager Bradford explained that the Village Council had approved acquisition of the computer equipment by lease purchase at their last meeting. Finance Director Connie Holloman explained that since a bank was not permitted to hold title to government equipment as collateral, that Fidelity Federal of Tequesta had requested the loan be uncollateralized, which could be repaid at any time. Councilmember Dalack questioned why the Village was borrowing the money instead of paying cash, to which Village Manager Bradford responded that the Village Council had decided in the past to purchase this type of equipment over time in order to levelize the budgetary impact. Councilmember Schauer made a motion to approve Resolution No. 32-98/99. Motion was seconded by vice Mayor Hansen. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for Basil Dalack - for Ron T. Mackail - for The motion was therefore passed and adopted. XV. ANY OTBER MATTERS Councilmember Schauer explained that with the approval of the . Village Council, she had previously written a letter to the School Board regarding Jupiter High School reconstruction. It • VILLAGE COUNCIL MEFsTING MINUTES April 8, 1999 PAGE 42 --------------- had come to Councilmember Schauer's attention that the School Board had scheduled a workshop meeting far April 19, 1999, to discuss priorities of the schools for reconstruction. Councilmember Schauer requested permission to write a letter to be signed by Mayor Mackail requesting the School Board keep Jupiter High School as the number one school on the list for reconstruction, and asked the other members of the Village Council to call the School Board members regarding this issue. It was the consensus of the Village Council to grant the request of Councilmember Schauer, Mayor Mackail stated that he would save the item he had requested under ANY OTHER MATTERS for the next Village Council meeting because of the lateness of the hour. • XVI. ADJOURNb~NT Councilmember Dalack moved that the meeting be adjourned. Vice Mayor Hansen seconded the motion. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for Basil E. Dalack - for Ron T. Mackail - for The motion was therefore passed and adopted and the meeting was adjourned at 11:25 P.M. Respectfully submitted, ~~~~~~ Betty Laur Recording Secretary VILLAGE COUNCIL MEETING MINUTES April 8, 1999 PAGE 43 ATTEST: Joann Manganiel Village Clerk DATE APPROVED: °lx~n, /3 , i 5'99 • • • F iF pG G v f;~"a ~~a s y '~ ~~~~ , ~4 M E M O R A N D U M 7 f; C ~ 4v FqC~ COUNt~ To: Village Council From: Thomas G. Bradford, Village Manager ~"'- Date: April 2, 1999 Subject: Oath of Office; Agenda Item Attached hereto, please find a copy of the Oath of Office that I will administer to that person selected by you to fill the unexpired term for Seat 1, formerly held by the late Alec Cameron, at the Village Council Meeting on April 8, 1999. TGB\ecr Attachment \Village Council\Oath of Office 4-2-99 • OATH OF OFFICE "I DO SOLEMNLY SWEAR (OR AFFIRM) THAT I WILL SUPPORT, PROTECT AND DEFEND THE CONSTITUTION AND GOVERNMENT OF THE UNITED STATES AND OF THE STATE OF FLORIDA AGAINST ALL ENEMIES, DOMESTIC OR FOREIGN, AND I WILL BEAR TRUE FAITH, LOYALTY AND ALLEGIANCE TO THE SAME AND THAT I AM ENTITLED TO HOLD OFFICE UNDER THE CONSTITUTION AND THAT I WILL FAITHFULLY PERFORM ALL THE DUTIES OF THE OFFICE OF VILLAGE COUNCILMAN, ON WHICH I AM ABOUT TO ENTER, SO HELP ME GOD." "I do solemnly swear (or affirm) . that I will support, protect and defend . the Constitution and Government of the United States and of the State of Florida . against all enemies, domestic or foreign . and I will bear true faith, loyalty and allegiance to the same . and that I am entitled to hold Office . under the Constitution . and that I will faithfully perform all the duties . of the Office of Village Councilman, . on which I am about to enter, so help me God." Village Councilmember Seat 1 \ecr \Forms\Oath of Office