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HomeMy WebLinkAboutMinutes_Regular_03/04/1999 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 MARCH 4, 1999 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, March 4, 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, Vice Mayor Carl C. Hansen, and Councilmembers Joseph N. Capretta and Ron T. Mackail. Also in attendance were: Village Manager Thomas G. Bradford, Village Attorney John C. Randolph, Village Clerk Joann Manganiello, and Department Heads. Councilmember Alexander W. Cameron was absent from the meeting. INVOCATION AND PLEDGE OF ALLEGIANCE Vice Mayor Hansen gave the Invocation and led those in attendance in the Pledge of Allegiance to the American Flag. APPROVAL OF AGENpAp The following additions were requested under ANY OTHER . MATTERS: Councilmember Mackail requested discussion of the year-end audit of the Village of Tequesta. Mayor Schauer • VILLAGE COUNCIL MEETING MINUTES March 4, 1999 PAGE 2 --------------- requested discussion of Willow Road. Village Manager Bradford requested discussion of granting permission to legally respond to the permit issued by South Florida Water Management District for the dewatering on the Tequesta peninsula, and FDOT'S proposal for Palm Beach County municipalities to have their names placed at I-95 exits. Councilmember Mackail made a motion to approve the Ageada as amended. Vice Mayor Hansea seconded the motion. The vote oa the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for Ron T. Mackail - for • The motion was therefore passed and adopted and the Ageada was approved as amended. IV. PRESENTATIONS AND PROCLAMATIONS A) Presentation Regarding the Conservation of Recreation aad Cultural Facilities Project ($25,000,000 Bond Issue) and the Land Acquisition Program ($150,000,000 Bond Issue), both being Referendums on the March 9, 1999 Ballot; Karen Marcus, Palm Beach County Commissioner. Commissioner Karen Marcus described the $25 million parks project which was for conservation of recreation and cultural facilities. Land would be acquired for an 86-acre district park in Northern Palm Beach County off Central Boulevard between Hood Road and Donald Ross Road. The park would be designed from input given by the municipalities so that all recreational needs would be addressed. The park would be developed in conjunction with the City of Palm Beach Gardens, which would also have VILLAGE COUNCIL MELTING MINOTLS March 4, 1999 PAGL 3 --------------- facilities there. The park would be a county facility, accessible for all residents in Palm Beach County. Money was also included for other items, including a cultural center for Mizner Park and Dreher Park Zoo. Commissioner Marcus described the $150 million bond issue for acquisition and preservation of environmentally sensitive lands. A good portion of the land proposed for purchase was located in Northern Palm Beach County. $50 million was allotted for land purchase, and grants would be sought for matching funds. The $100 million allotted for conservation and preservation of environmentally sensitive lands in the Ag Reserve south of Hypoluxo to Clint Moore Road would be used i to purchase land in that area from willing sellers to use for water conservation and as a buffer to the Everglades. The county would not have to provide services to that area, which would save taxpayer money; and matching grants would also be pursued for this project. The price for a homeowner with a $125,000 home would be $22 per year for both bond issues. Vice Mayor Hansen questioned whether there would be enough money to do all of the projects listed in the brochure. Commissioner Marcus explained there was enough money to purchase the district park land, but the $150 million land acquisition issue involved only willing sellers, and some might not want to sell. Under a willing seller program, land was not condemned and taken. Therefore, all of the listed lands might not be acquired, but the list would be used as a starting point. Commissioner Marcus explained the first bond issue had also worked this way. Commissioner Marcus also noted i that WCI had been approached since they were interested in selling a lot of property in northern • VILLAGE COUNCIL MEETING MINUTES March 4, 1999 PAGE 4 Palm Beach County. Commissioner Marcus explained that this issue had nothing to do with schools. Jim Humpage asked whether landowners in the Ag Reserve could sell to developers, to which Commissioner Marcus responded that they could. Mr. Humpage questioned whether county had taken into account that the property acquired would be removed from the tax rolls. Commissioner Marcus explained that they had and that analysis had shown it was much cheaper to have undeveloped lands since services would not need to be provided. Joan Marshall questioned the amount of acreage to be purchased, which Commissioner Marcus explained was a minimum of 6,000 acres or more if matching funds could be obtained. Commissioner Marcus urged • everyone to vote yes on these issues. V. COM~[TNICATION FROM CITIZENS There were no comments from citizens. VI. PUBLIC BEARINGS A) Consideration of Local Planning Agency's Recommendation to Accept village Response to the State of Florida Department of Community Affairs Objections, Recommendations, and Comment Report (ORC Report) 1. Presentation of Changes to ORC Report Responses Per Discussion with Florida Department of Community Affairs Staff. Jack Horniman, Consultant for the Village, explained that several telephone conference • calls had been conducted with Roger Wilburn, Community Program Administrator, Region 10, of • VILLAGI3 COUNCIL MEETING MINUTES March 4, 1999 PAGE 5 --------------- the DCA staff to assure that DCA would accept the responses. The final responses as negotiated with the staff were presented for discussion. Objection #3 regarding Policy 1.4.7 regarding wellfields was revised. Objection #20 regarding housing was revised. village Manager Bradford requested this item be read, since he had found the information to be surprising. Mr. Horniman read: Supplemental census data indicate that 77~ of the rental households in the Village that pay 35~ or more of their income for gross housing costs are headed by a household aged 65 years and older. Objection 22, policy 1.1.7 regarding septic tanks was revised to meet the • DCA request for breakout in policy between those areas that had central sewers available and those that did not. Policy 1.1.8 had been added to address the second area. Objection #24, policy 2.11.13 regarding wetlands was changed to substitute the word village instead of County. Objection 28, Objective 1.7.0 regarding concurrency management was to be placed within the capital improvements element. Mr. Horniman explained these responses would be submitted to DCA, who would respond whether they accepted, after which second reading of the ordinance could be accomplished. 2. Comments from Village Council Regarding Proposed Responses to ORC Report. vice Mayor Hansen questioned whether the number of DCA objections was normal. Mr. Horniman explained there had been very little • substantive objections, but that most were regarding how to update the plan to comply with new regulations. vice Mayor Hansen • VILLAGE COUNCIL MEETING MINUTES March 4, 1999 PAGE 6 --------------- • questioned whether new requirements would cost the Village money, to which Mr. Horniman responded the primary cost was the current process. Councilmember Capretta commented it was amazing that a small Village had to submit so much data, and explained the Village hired a consultant because this was such a complicated process. Councilmember Mackail questioned whether the Village was in a position to move forward regarding fixing the flood control program under the mandated NPDES program. Mr. Horniman responded level of service areas must be established and were factored into the capital improvements section of the comprehensive plan. Councilmember Mackail commented he believed the Village was now in very good standing regarding traffic. Mr. Horniman agreed, and explained how the village had complied and had obtained vested traffic levels of service. Mayor Schauer questioned Village Manager Bradford whether he was currently working on septic tank inspection criteria, to which Mr. Bradford responded he was about 2/3 finished. 3. Public Comments. There were no comments from the public. Village Manager Bradford commented that he had received a fax from Richard Dent, Executive Director, Loxahatchee River District, objecting to Tequesta's proposed language and policies for sanitary sewer. Mr. Horniman felt the standards as negotiated with the DCA were appropriate. 4. village Council Acceptance of Village . Responses to DCA ORC Report. • VILLAGE COUNCIL b~BTING MINZJTES March 4, 1999 PAGL 7 vice Mayor Haaaen made a motion to accept Village Responses to the DCA ORC Report. Councilmember Mackail seconded the motion. The vote oa the motion was: Elizabeth A. Schauer - for Carl C. Haasea - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted. B) Consideration of Approval by Village Council to transmit the Village Responses to DCA ORC . Report to the Department of Com~mnwaity Affairs, State of Florida. Motion was made by Couacilmember Mackail to transmit the village Responses to DCA ORC Report to the Department of Community Affairs, State of Florida. The motion was seconded by Vice Mayor Hansen. The vote oa the motion was: Elizabeth A. Schauer - for Carl C. Haasea - for Joseph N. Capretta - for Roa T. Mackail - for The motion was therefore passed and adopted. ~~ C) Ordinance - First Reading - Adopting 199 EAR Based Comprehensive Plan Amendments Village Attorney John C. Randolph read the above Ordinance by title only on first • reading. • VILLAGE COUNCIL MEETING MINOTFsS March 4, 1999 PAGI~ 8 --------------- Vice Mayor Hansen made a motion to approve the above Ordinance on first reading by title only. 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 Ron T. Mackail - for The motion was therefore passed and adopted. VII. CONSENT AGENDA All items listed with as asterisk (*) are considered to be routine and will be exacted 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 oa the Agenda. Mayor Schauer read aloud the following Consent Agenda items: VII. APPROVAL OF MINUTES AND REPORTS *A) Special Master Hearing, January 28, 1999; *B) Local Planning Agency Workshop, February 4, 1999; *C) Village Council Meeting Minutes; February 11 1999; *D) Village Managers Report: February 8, 1999 to February 25, 1999 IX, NEW BUSINESS *H) Consideration of Declaring Surplus two Vehicles Pursuant to Section 3.02(8) of the village Charter. (Staff Reco~nends Approval ) VILLAGE COUNCIL MEETING MINU'PSS March 4, 1999 PAGE 9 --------------- Motion was made by Councilmember Mackail to approve the Consent Agenda as submitted. The motioa was seconded by vice Mayor Hansen. The vote on the motioa was: Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for Ron T. Mackail - for The motioa was therefore passed and adopted. IX. DEVELOPMEN'P MATTERS A) Special Exception Public Hearing and Site Play Review for St. Jude Catholic Church. to Quasi-Judicial Hearing) Mayor Schauer announced she was recusing herself due to conflict of interest since St. Jude Catholic Church was her employer; however, she would continue to conduct the hearing. 1) Swearing-ia of witnesses Planner Kara Irwin and Mr. John Howell were sworn in by Village Clerk Joann Manganiello. 2) Disclosure of Ex-Parte Communications A poll of the Village Council revealed no ex-parte communications. 3) Testimony of witnesses sad Cross Examination, if any Planner Kara Irwin introduced Mr. Howell, who ,~ reviewed the site plan for expansion of the parish hall and requested approval of the special • VILLAGE COUNCIL MEETING MINOTES March 4, 1999 PAGE 10 --------------- 4) exception and site plan. Mr. Howell explained the present roof would be replaced with a the roof if money was available, and the new roof structure would be higher than the present roof. A new sprinkling system had been added. Bids were due April 15. Councilmember Capretta favored approval continent upon requiring a new the roof. Councilmember Mackail agreed. In response to a question from a resident residing at 12 Palmetto Way, Mr. Howell explained the roof was included in the base bid, with an alternate for a cheaper roof. Finding of Fact Based on Competent, Substantial Evidence • Councilmember Capretta clarified that approval would be granted with a the roof and if the church did not wish to install a the roof they must return to the Village Council. Councilmember Capretta made a motion to approve the request of St. Jude Church for Special Exception and Site Plan with the condition that they go forward with the the roof as proposed in their base bid. Vice Mayor Hansen seconded the motion. The vote oa the motion was: Elizabeth A. Schauer - abstain Carl C. Hansen - for Joseph N. Capretta - for Roa T. Mackail - for The motioa was therefore passed and adopted. B) Special Exception Amendment Public Hearing for Classic Dreamcars to Allow Temporary Outdoor Storage of Vehicles. (A Quasi-Judicial Hearing) • 1} Swearing in of witnesses VILLAGE COUNCIL MEETING MINUTES March 4, 1999 PAGE 11 --------------- Planner Kara Cindy Bogart Manganiello. Irwin, Jim Humpage, and Kerry and were sworn in by Village Clerk Joann 2) Disclosure of Ex-Parte Communications A poll of the Village Council revealed no ex-parte communications. 3) Testimony of witnesses and Cross Examiaation, if any Mr. Bogart requested clarification of the parking restrictions issued when the original special exception was approved by the village Council. Mr. • Bogart explained he would not park cars advertised for sale outdoors, but wished permission to park as many as 10 to 12 cars from stock outside in the rear temporarily while one of his showrooms was used for a meeting or a wedding reception, which was the idea for his wife's new business. Mr. Bogart also explained that several cars might need to be moved out temporarily to remove a newly purchased car for a customer, and while floors were being cleaned. The request included a minimum of no less than 10 social events per month, cars from stock outside no longer than a minimum of 24 hours, and no more than 10 or 12 cars outside during social events. Mr. Bogart requested no limitations be set on license tags or having registrations for cars temporarily placed outside, because unsold cars had no tags or registrations. During discussion, Village Manager Bradford acknowledged he had called the Police when he had seen three cars parked outside on a Saturday • afternoon. Planner Irwin pointed out that cars were unloaded and loaded onto trucks, which had • VILLAGE COUNCIL NBETING MINUTES March 4, 1999 PAGE 12 --------------- been approved when the original special exception was granted. Planner Kara Irwin cautioned that granting the outdoor parking this might open the door for others to ask for special consideration, and that Mr. Bogart had offered to take the cars to his home in Martin County, which she considered the best solution. The types of parties proposed for the new business were discussed. Mr. and Mrs. Bogart explained the cars would be parked only in the rear, and the other stores would be closed when the parties were held, so no one would be inconvenienced. Village Manager Bradford commented that this concept was a good idea and that it was successful at Ragtops in West Palm Beach; however, stated his opinion that parking cars outside would • be a problem because the Village prohibited outdoor storage of merchandise. Jim Humpage requested that Dreamcars operate under the special exception as approved last December, and asked the opinion of the village Attorney. village Attorney Randolph stated this was a policy decision of the Village Council. Mrs. Bogart commented she hoped to bring additional business to this area. Tom Little was sworn in and requested this situation be worked out because the business was an asset to the shopping center and to the Village. Ed Resnik was sworn in and agreed with working with Mr. and Mrs. Bogart by limiting outdoor parking to certain times. village Manager Bradford stated the problem in terms of precedent was whether all business would be allowed to keep merchandise outdoors, and also because Mr. Bogart had obtained a retail classification because he kept all merchandise inside, when he began keeping it outside then that would establish a precedent within the mixed-use zoning district. Councilmember Capretta made a motion to interpret the special exception with Dreamcars dust as it was and that the ability to move the cars out for • v=Lr,AG$ corn~clL NESTING MINUTES March 4, 1999 PAGE 13 practical operating purposes of Dreamcars, such as waxing the floors and showing cars to customers and so forth, is considered permittable under the interpretation; however if Mr. and Mrs. Bogart want to start another business there they have to move the cars somewhere else and cannot leave the cars outdoors on display, just as the Texaco station cannot leave tires outside for display. Councilmember Mackail seconded the motion. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for Roa T. Mackail - for • The motioa was therefore passed and adopted. C) Modified Site Plan Review for YMCA of Tequesta, 399 Seabrook Road, for a Nall sign in an R/OS District. YMCA of Tequesta, Applicant. tStaff Recommends Approval) Mayor Schauer explained that during her re-election campaign, many senior citizens had been very pleased to learn of the existence of the YMCA in the Village; and urged the YMCA to place monthly notices in the village newsletter. Andrew Sloan, YMCA representative, presented the proposed sign, and requested approval. Vice Mayor Hansen pointed out the sign size was smaller than the size which needed Village Council approval and questioned why this application was being presented. Planner Kara Irwin explained that permission was needed to erect any size sign in the recreation open space district. Planner Irwin clarified that the sign would not be two toned. Vice Mayor Hansen made a motion to approve the modified site plan review for YMCA of Teguesta, 399 Seabrook Road, for a Nall Sign is an R/OS District. Councilmember Mackail seconded the motioa. The vote on the motioa was: vILLAGE courrclL MEETING MINOTES March 4, 1999 PAGE 14 --------------- Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted. D) Site Plan Review for Nations8ank, 150 Tequesta Drive, for a Monument Identification Sign. Ralph Lashells of Ferrin Signs as Agent for Applicant. (Staff Recommends Approval) Andrea Lashells was present representing the applicant, and presented the request for the sign. Ms. Lashells • stated the new sign would be located next to where the old sign had been, and would be a monument sign. Councilmember Mackail referred to a broker's sign which was dangerous to traffic, and was assured that would not be a problem with this sign. vice Mayor Hansen made a motion to approve the Site Plan Review for Nations8ank, 150 Tequesta Drive, for a Monument Identification Sign. Councilmember Capretta seconded the motion. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted. X. NEW BUSINESS A) Resolution No. 17-98/99 - Approving a Nater Service • Agreement with ALS Clare Bridge, Inc. (Clare Bridge /Crossings of Tequesta) and Authorizing the Village • VILLAGE COUNCIL MEETING MINUTES March 4, 1999 PAGE 15 --------------- Manager to Execute the Same on Behalf of the Village. Staf f Recoamnends Approval ) Mayor Schauer read Resolution 17-98/99 by title only. Village Manager Bradford reported this item was presented in accordance with village policy to bring all water service agreements before the Village Council, and that Clare Bridge/Crossings had already paid $67,875 for the capital connection charges. Mayor Schauer questioned when construction was scheduled to begin, which was not known. Mayor Schauer questioned whether construction activities could be accessed from Old Dixie Highway for this project rather than village Boulevard because that street was already disrupted with construction. Village Manager Bradford explained the level of service on Village Boulevard would still be valid even with increased traffic from the new project. Councilmember Capretta requested that traffic counts be done for village Boulevard to position the village for a warrant for a future traffic light. It was the consensus of the village Council to direct Director of Community Development Scott D. Ladd to request the contractor access the project from Old Dixie Highway. Councilntember Mackail made a motion to approve Resolutioa No. 17-98/99 - Approving a oPater Service Agreement with ALS Clare Bridge, Inc., (Clare Bridge/Crossings). Vice Mayor Hansen seconded the motion. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted. B) Resolution No. 18-98/99 - Approving as 8xtension of . Nichols Sanitation, Inc.'s Residential Curbside Recycling Franchise and Garbage, Yard, and Other Trash Franchise . VILLAGE COUNCIL MEETING MINUTES March 4, 1999 PAGE 16 --------------- and Amending Said Franchise and Authorizing the village Manager to Execute the Same on Behalf of the Village. {Staff Recommends Approval) Mayor Schauer read Resolution 18-98/99 by title only. Village Manager Bradford reported Public Works and Recreation Director Gary Preston had been working with Jeff Sabin from Nichols Sanitation to determine the direction the Village wished to take regarding solid waste and recyclable services. The issue had been taken to the Village Council in December, 1998. Options of bidding out, piggybacking the County's solid waste service provider, BFI, or to negotiate with the current provider, Nichols Sanitation. It was brought to the • attention of the Village that Tequesta paid more for services than some of the nearby municipalities because they did not have the volume needed to obtain lower prices. In order to match the lower rates paid by Jupiter, the Village had decided to lengthen the time of the contract. A modified franchise agreement with Nichols Sanitation for eight years instead of five years would give the Village a 39~ reduction in rates for single family homes, a 22~ reduction in rates for multifamily homes, and a 38~ reduction in rates for commercial businesses within the village. These rates were equal to those paid to Nichols Sanitation by Jupiter, and lower with a higher level of service than that provided by BFI in unincorporated areas of the County. Jeff Sabin reported resolution of a problem by a resident living at the edge of the Village who was having a problem with his trash being picked up. Mr. Sabin reported it was a matter of educating the driver as to the service area. Mr. Sabin verified garbage would be picked up twice a week under the new contract, with rates adjusted annually each April according to the standard CPI. Mr. Sabin verified that the Village had a VILLAGE COUNCIL MEETING MINUTES March 4, 1999 PAGg 17 --------------- tremendous amount of yard debris. Councilmember Capretta and Councilmember Mackail agreed that past service had been good. Vice Mayor Hansen made a motion to approve Resolution No. 18-98/99 - Approving an Extension of Nichols Sanitation, Inc.'s Residential Curbside Recycling Franchise and Garbage, Yard, and Other Trash Franchise and Amending Said Franchise and Authorizing the Village Manager to Execute the Same on Behalf of the Village. Councilmember Mackail seconded the motion. The vote on the motion was; Elizabeth A. Schauer - for Carl C. Hansen - for Josegh N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted. C) Resolution No. 20-98/99 - Approving Bid Award for Computer Hardware to integrated Security and Communications of Delray Beach, Florida, in an Amount not to Exceed $50,000 and Authorizing the village Manager to Execute the Applicable Contract oa Behalf of the Village. (Staff Recommends Approval) And D) Resolution No. 21-98/99 - Approving License with Micro Arizala Systems, inc., of Ann Arbor, Michigan, for the Purchase of FundBlance 21 Software in as Amount not to Exceed $70,000 and Authorizing the Village Manager to Execute the Same on Behalf of the village. Mayor Schauer read Resolution No. 20-98/99 by title only. village Manager Bradford explained that this bid award was to replace the existing outdated NCR computer system, and that the new system would be Year 2000 compliant. • Finance Director Connie Holloman reported that negotiations with an Orlando company had fallen through • VILLAGE COIINCIL MEETING MINIITES March 4, 1999 PAGE 18 --------------- when they could not meet the Village's schedule. Plans were to obtain the system from an Ann Arbor, Michigan based company through a lease purchase agreement over five years with Fidelity Federal not to exceed $108,000 for which there were already sufficient funds budgeted. The Finance Director anticipated increased efficiency and productivity, and that the network system was very user friendly. The response time for the company located in Ann Arbor, Michigan was reported to be very good. Councilmember Mackail suggested the possibility of placing fax machines in the homes of Councilmembers to facilitate receipt of documents. Village Manager Bradford responded that was being done in some municipalities. • Councilmember Mackail made a motion to approve Resolution No. 20-98/99 - Approving Bid Award for Computer Hardware to Integrated Security and Communications of Delray Beach, Florida, in an Amount not to Exceed $50,000 and Authorizing the village Manager to Execute the Applicable Contract on Behalf of the village. vice Mayor Hansen seconded the motion. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Haasea - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted. Mayor Schauer read Resolution No. 21-98/99. vice Mayor Haasea made a motion to approve Resolution No. 21-98/99 - Approving License with Micro Arizala Systems, Inc., of Ana Arbor, Michigan, for the Purchase of FuadBlance 21 Software in as Amount not to Exceed $70,000 and Authorizing the Village Manager to Execute the Same • on Behalf of the Village. Councilmember Capretta seconded the motion. The vote on the motion was: VILLAGE COUNCIL MEETING MINUTES March 4, 1999 PAGE 19 --------------- Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted. E) Resolution No. 22-98/99 - Approving a Lease-Purchase Proposal with Fidelity Federal in as Amount not to Exceed $108,000 aad Authoriziag the village Manager to 8xecute the Applicable Agreement on Behalf of the Village. (Staff Recommends Approval) Mayor Schauer read Resolution No. 22-98/99 by title only. • Councilmember Mackail made a motion to approve Resolution NO. 22-98/99 - Approving a Lease-Purchase Proposal with Fidelity Federal in as Amount not to Exceed $108,000 aad Authorizing the village Manager to Execute the Applicable Agreement on Behalf of the village. Councilmember Capretta seconded the motion. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted. F) Resolution No. 23-98/99 - Approving Serious Habitual Offender Comprehensive Agreement Program Interagency Agreement aad Authoriziag the village Manager to Execute the Same oa Behalf of the village. (Staff Recommends Approval) Village Manager Bradford explained that SHOCAP was a • Serious Habitual Offender Comprehensive Agreement Program which is an interagency information sharing and case • VILLAGE COIINCIL MEETING MINUTES March 4, 1999 PAGE 20 --------------- management program which focuses the local agency on serious habitual juvenile offenders within the community. Tequesta currently shares information and participates in investigations with other agencies, and the items in this agreement would accomplish program objectives. Village Attorney Randolph read Resolution No. 23-98/99 by title only. Councilmember Mackail made a motion to approve Resolution No. 23-98/99 - Approving Serious Habitual Offender Comprehensive Agreement Program Interagency Agreement and Authorizing the village Manager to Execute the Same oa Behalf of the Village. Vice Mayor Hansen seconded the motion. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for Roa T. Mackail - for The motion was therefore passed and adopted. G) Consideration of Acceptance of FY 97/98 Comprehensive Annual Financial Report (CAFR). Connie Holloman, Finance Director. (Staff Recoamiends Approval) Village Manager Bradford reported this report had been reviewed last week by the Finance and Administration Committee, and the report was like night and day compared to last year. Finance Director Holloman had gotten the Finance Department back on track and the work load was now manageable. Village Manager Bradford reported that objectives were being pursued regularly, and the Village was in excellent financial condition. In the General Fund, there was over $1 M in Undesignated Fund balance, which was approximately 20~ of expenditures; and in the Water Department, over $2 M in Undesignated Fund balance; and Undesignated Fund Balances were sufficient within • VILLAGE COIINCIL MEETING MINtTTES March 4, 1999 PAGE 21 --------------- every Village Fund so the Village's financial reserves were in excellent financial condition. It was brought out at the Finance and Administration Committee that the Village's debt burden was almost non-existent relative to the head auditor's comments that compared to other municipalities audited in Palm Beach County, Tequesta had almost no debt and was in an excellent position to take on more debt without any burden to the taxpayers. The management comment in the audit report still included the comment regarding segregation of duties because of the small staff. To remedy this situation, the Finance and Administration Committee recommended that the firm of Nowlen, Holt & Miner be retained to perform spot checks. Village Manager Bradford reported last year`s report was not good but the situation had been turned around. Councilmember Mackail commented that the Village Manager's comment that last year the report was not good had nothing to do with Village financial position, but with the Finance Department as a whole. At the end of the year the financial situation was very good, as reported by the Village Manager. Councilmember Mackail stated Tequesta was extremely financially sound, and expressed his opinion that this Village Council had through the years planned extremely well regarding taxes and growth and had adhered to the plan very well, making sure the funds entrusted to the Village were safe and sound. Councilmember Mackail reported when he and Councilmember Capretta joined the village Council in 1985 the tax base was $229 million and now had reached $458 million, which had been the plan. Councilmember Mackail responded to comments made by residents and in the newspaper that the village was not fiscally responsible and stated he wished to make it very clear that they were. Councilmember Mackail reported from 1985 to 1998 the CPI index had increased 475 and increase in millage rates had only been 35~, which was very low. There had • not been any unusual year with a large tax increase, but only steady low increases in planning for years to come. . VILLAGE COIINCIL MEETING MINOTES March 4, 1999 PAGE 22 --------------- Councilmember Mackail reported that segregation of duties had been an audit issue for years because of the small staff size, but with the reorganized Finance Department procedures, the auditor had only had to spend 18 accounting hours versus 127 accounting hours a year ago, and that all cash accounts had been reconciled by the Finance Department, which was not done a year ago. Councilmember Mackail thanked Finance Director Holloman for an excellent job. Councilmember Mackail reported that variances from the budget were well within State guidelines, and averaged only 2~, indicating the Department Heads had budgeted very well. Councilmember Mackail congratulated the staff for a very sound fiscal budget. Councilmember Mackail commented that the low debt was almost unheard of among municipalities. Councilmember Mackail stated his opinion that planning • three to five years out was very important, and reported that for the first time in years the Village Council had received an interim financial statement, which helped very much in planning. Councilmember Capretta reminded those present that for years the village had only had enough money to operate but not enough to do projects; however, with increased property values and development the village was now in a position to plan projects for the future or to cut taxes. Councilmember Capretta commented he could hardly believe the literature in regard to the current political campaign, which included rhetoric, exaggerations, and half-truths, and people must look at the numbers. Councilmember Capretta explained that it had cost the Village nothing to obtain a $5 million line of credit instead of a $500,000 line of credit, and it was just like a credit card which cost nothing unless you used it. Councilmember Capretta stated the Village was in good financial shape. Councilmember Mackail commented that with a line of credit projects could be consolidated with a bond issue to include several projects thus reducing the cost of a • bond issue. VILLAGE COIINCIL ML}3TING MINUTES March 4, 1999 PAGE 23 --------------- Councilmember Mackail made a motion to approve the FY 97/98 Comprehensive Annual Financial Report. Vice Mayor Hansen seconded the motion. The vote oa the motion was: F~lizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted. I) Resolution No. 24-98/99 - Approving Bid Award for the water Quality Monitoring Program (Jupiter Islet) to Toxikon of Jupiter, Florida in the amount of $31,411, with Funds Being Appropriated from the water Revenue • Bonds, Series 1998 and Authorizing the Village Manager to $xecute the Applicable Contract on Behalf of the Village. (Staff Recommends Approval) Mayor Schauer read Resolution No. 24-98/99 by title only. Village Manager Bradford explained that this bid was for water monitoring work required by DEP when the Village got the permit to discharge brine from the RO plant. The money would come from the 1998 bond issue because this level of monitoring was expected to only be required for two years. The low bidder had an error in their bid and withdrew. The low bidder then became Harbor Branch of Ft. Pierce, Florida, the same company which did analysis work for ENCON. Toxikon was $1,500 to $2,000 more expensive than Harbor Branch, however, staff recommended Toxikon because of the potential conflict of interest that could arise by Harbor Branch monitoring Tequesta's discharge at the same time they were working for ENCON to monitor pollution within the river. • Vice Mayor Hansen made a motion to approve Resolution No. 24-98/99 - Approving Bid Award for the water Quality Monitoring Program (Jupiter Inlet) to Toxikon of Jupiter, • VILLAGE COUNCIL MEETING MIN[TTES March 4, 1999 PAGE 24 --------------- Florida in the amouat of $31,411, 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. Councilmember Mackail seconded the motion. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted. • XI. ANY OTBER MATTERS Mayor Schauer commented she had noticed a lot of speeding on willow Road and had promised a resident adequate police protection on Willow Road, and not just for the next two weeks before the election. Police Chief Allison assured the Mayor that police protection would be provided. Village Manager Bradford reported that the prior week South Florida water Management District had issued a dewatering short-term construction permit for portions of the Tequesta peninsula for properties 1,000 feet from the river or only down to the water table for properties less than 1,000 feet from the river. Village Manager Bradford commented this provided an opportunity for the village to request administrative hearing pursuant to Florida Statute 120, for which a petition must be filed within 21 days of the permit issuance. Attorney Hawkins recommended the petition be filed no later than March 17, 1999. Approval was requested from the Village Council to file a petition in the event that Attorney Hawkins found grounds to do so; to authorize Attorney Hawkins to review with Engineers Reese Macon & Associates the permit and also to utilize the hydrologist to scrutinize the permit to see if reasonable grounds to file for a petition. If • VILLAGE COUNCIL MEETING MINUTES March 4, 1999 PAGE 25 --------------- grounds were found, the Village might stop ENCON sewering while the hearing was being heard. Village Manager Bradford commented it was apparently Mr. Dent's plan to install low pressure sewers for those locations where a dewatering permit could not be obtained. Mayor Schauer recalled a meeting six years ago where ENCON promised never to install low pressure sewers. It was the consensus of the Village Council to move forward with the recommendation of the village Manager. Councilmember Capretta recommended a letter be sent reminding the ENCON Board of that meeting where they promised never to install low pressure sewers. vice Mayor Haasea made a motion to instruct Attorney Hawkins to pursue an Administrative Hearing. Couacilmember Mackail seconded the motion. The vote on the motion was: • Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted. Councilmember Mackail made a motion to authorize Attorney Hawkins to review the permit with Engineers Reese Macon & Associates and also with the hydrologist a/k/a Garrety and Miller, to scrutinize the permit to see if reasonable grounds to file for a petition could be found. Vice Mayor Hansen seconded the motion. The vote on the motion was: $lizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted. • VILLAGE COUNCIL MEETING MINUTES March 4, 1999 PAGE 26 --------------- village Manager Bradford reported receipt that day of a faxed letter from the new Executive Director of the Palm Beach County League of Cities, informing Mr. Bradford of an opportunity from FDOT to participate in installing city identification signs along I-95. Signs at the off-ramps would state the name and distance of the city from the I-95 exist. All interested cities were to submit their names to be added to the list to be submitted to FDOT. village Manager Bradford stated this would give Tequesta visibility on the I-95 corridor. Vice Mayor Hansen requested this issue be studied further, and recommended Tequesta be placed on the list to see how much it would cost. Councilmember Mackail agreed with vice Mayor Hansen. Councilmember Capretta commented it might be good that people did not know where Tequesta was located. Tom Little commented that at one time Tequesta fought being • listed in the phone book under Tequesta because they did not want people to know where they were. It was the consensus of the village Council that the village Manager indicate Tequesta was tentatively interested so that more information could be obtained. XI. ADJOIIRNMENT Councilmember Capretta moved that the meeting be adjourned. Councilmember Mackail seconded the motion. The vote oa the motion was: Elizabeth A. Schauer - for Carl C. gaasen - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted and the meeting was adjourned at 9:46 P.M. • VILLAGE COUNCIL MEETING MINUTES March 4, 1999 PAGE 27 --------------- Respectfully submitted, _.... +~ Wit. • ~u ~~ Betty Laur Recording Secretary ATTEST: Joann Manganiell Village Clerk • DATE APPROVED: ~c.w~ ~ . i 9 99 • 3-84-1999 4:24PM FROM LOX RIVER DISTRICT 561 747 9929 Loxahatchee River District 2500 Jupiter Park Drive, Jupiter, Florida 33458-8964 Telephone (S61) 747-5700 Fax (Sti]) 747-9929 Richard C. Dent, Executive Director March 4, l 999 Mr_ Thomas Cr. $radford Village of Tequesta P.O. Box 3273 Tcquesta,l~G 33469 Dear Mc. Bradford: ~V-A~~ P. 2 ~~ ~~ a Award WiAUSi,g Regional Waslcmwlcr Facility Bear iq Nc7liwr, E.P,A, Best in Swte, n.E.p Vaa Facsimile 575-62Q3 As the wastewater service provider to your community and an organization that COmtnented on your potential comprehensive plan changes back in November, the Districx was disheartened to learn of tonight's public hearing only through the required newspaper ttdvertisement. I'm sorry that we couldn't discuss the maxter prior to this date. Please make this letter a part of your proceedai;a~s of the MarGlt 4'~ public hearing. The Loxahaitchee River District does not agree with the Village's newest proposed revision of Policy • 1.1.7. Jrt an urban setting and in near proximity to important Bound and surface waters, septic tanks are not an acceptable alternative to a sanitary sewer system. This District concurs with the Treasure Coast Regional Planning Council in recommending a policy that `promotes the elimination of septic tanks and requires connection to regional wastewater collection fapilities in areas where the potential for ground or surface water contaminaUton is high'. This position also makes sense from an economic perspective, given that the major infrastructure of the sanitary system exists and runs rjght through the middle of the Village of Tequesta and is sized to accommodate tlae wastewater now going to the septic tanks. As was stated in our November 12, 19981etter (copy enclosed), the District's position on the inadequacy of septic tanks was established by scientific sittdy, supported by the State planniu~g and regulatory community and upheld by the courts. Of further note, there Continues io bean effort to disassociate the Village from the District. Your vague policies regardin4g sewer service do n-ot speak to cooperative approaches nor recognize that the District is the sole wastewater service provider within your communuty. for your attention to this correspondence. • RCD/kbk Enclosure: JoseN4 V. EIlIc Loriae ~. "tinaR^ Holues Matt H. flhseoek Ri¢bard C. Sheehno gawycr l~outp~um, Jr. Board Member Bond Member Ctutlrmae Boxd 1Meanber ttonrd Member Executive Director FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOC UBLIC OFFICERS LAST NAME-FIRST NAME-MIUULE NAME NAME OF BOAR COU~COMMISSION, AUTHORITY, OR COMMITTEE (LING AUURESS ///yyy THE BOARD, COUNCIL., COMMISSION. AUTH TY. OR COMMITTEE ON ` ~~~~,~a~ ~, ~~/~ WHICH 1 SERVE IS A UNIT OF: J ~r,CITY COUNTY • OTHER LOCAL AGENCY C IT_Y~,-+ COUNTY ~ / NAME OF POLITICAL SUBDIVISION: DATE ON N'HICH VOTE OC'CURREU mn Q MY POSITION IS: " / '7 R (', N ~ ~ 1 /` Q ~ ~yf,~ ~ ~~ ~ ELECTIVE APPOINTIVE WHO MUST FILE FORM 86 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. !t applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 13 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the pcrson responsiblc for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT V1'HICH THE VOTE WILL BE TAKEN: .,t should complete and file this form (before making any attempt to influence the decision) with [he person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. • A copy of the form should be provided immediately to the other members of the agency. • The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. 1 1(IK\I MN laiu PAGE I ~•~_- IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION OR VOTE AT THE MEETING: • You should disclose orally the nature of your conflict in the measure before participating. • You should complete the form and file it within IS days after the vote occurs with the person responsible for recording the r~es of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF STATE OFFICER'S INT/yER~EST I, ~ Z/~/.5~ Ti's ~ JG/~C ~~~`'rhereby disclose that on _ /' //~/c'~/~1 ~ CCO~QQ 19 -L (a) A measure came ~e before my agency which (check one) inured to my special private gain; or _ ` , _o ~ J inured to the special gain of ~~ ~t~i ~ ~ O C ~~ 1`^C- f'~ , by whom I am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: ~~ ~~~~~~ ` ~~~ Date 'led NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRE, DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED SS,000. CE FORM 8B ~~l4i6 - PAGE 2