The URL can be used to link to this page

Home My WebLink AboutMinutes_Regular_12/10/1998~~ 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 DECEMBER 10, 1998 I. CALL TO ORDER AND ROLL CALL The Tequesta Village Council held a meeting at the Village Hall, 357 Tequesta Drive, Tequesta, Florida, on Thursday, December 10, 1998. The meeting was called to order at 7:03 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 Alexander W. Cameron, Joseph N. Capretta, and Ron T. l~jackail. Also in attendance were: Village Manager Thomas G. Bradford, Attorney Scott G. Hawkins sitting in for Village Attorney John C. Randolph, Village Clerk Joann Manganiello, and Department Heads. II. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Mackail gave the Invocation and led those in attendance in the Pledge of Allegiance to the American Flag. III. APPROVAL OF AGENDA After Agenda Item IV had been completed, Village Clerk Manganiello pointed out that a motion had not been taken on approval of the agenda. • VILLAGE COUNCIL MEETING MINUTES December 10, 1998 PAGB 2 --------------- Couacilmember Mackail made a motion to approve the Ageada as submitted. vice Mayor Haasea seconded the motioa. The vote oa the motioa was: Elizabeth A. Schauer - for Carl C. Haasen - for Alexander W. Cameron - for Joseph N. Capretta - for Roa T. Mackail - for The motioa was therefore passed aad adopted and the Ageada was approved as amended. IV. COM~ITNICATION FROM CITIZENS • Betty Nagy, Shay Place, reported the Mayor and Village Manager had attended a meeting at Tequesta Country Club regarding plans for Tequesta Plaza, and requested all taxpayers be informed and all meetings regarding this matter be held in the sunshine. Arnold Blum, 410 Tequesta Drive, expressed his opinion that the Village should not buy land at Tequesta Plaza for a new village Hall and should not act as owner, realtor, banker and partner with JMZ in the proposed agreement for JMZ to repurchase the land after two years if no buyer for unused Village land was available. Mr. Blum expressed concern that the cost was too high, that taxpayers should be closely consulted regarding this issue, that the building originally proposed for Lighthouse Gallery could be occupied by a large retailer, that the proposed medical facility might not be able to compete with the existing medical center across the street, and that a downturn in the economy could lead to problems. Mr. Blum asked the Village Council not to give Tequesta a Taj Mahal. • Peggy Verhoeven, 18996 Point Drive, expressed her agreement with Mrs. Nagy and Mr. Blum and requested the residents be • VILLAGE COUNCIL MEETING MINUTES December 10, 1998 PAGE 3 --------------- informed regarding plans for Tequesta Plaza. Mrs. verhoeven expressed her belief that it was illegal for a municipality to float bonds to acquire the land in a commercialJretail venture. Mrs. verhoeven stated the people needed to go to referendum on this issue. Ed Resnik, Country Club Drive, commented he had nat intended to speak but had heard two citizens get up and try to tell the Village Council how to run their business without knowing what the Village Council was going to do. Mr. Resnik stated Tequesta Plaza needed to be improved and he applauded the village Council s efforts to get something going to improve that area, and recommended the residents wait until they found out what the village Council intended to do and then take pot shots at them or agree with them. • John Giba stated the members of the audience could not hear what was being said and requested the village Councilmembers speak into their microphones. V. PUBLIC FIEARINGS A) Resolution No. 8-98/99 - Abandoning the Dedication of the Parcel of Laad Described as the "Parking Area" Gallery Square North Parking Lot} in the Re- Subdivision of a Portion of Jupiter in the Pines, Section B. (Staff Recommends Approval} 1. Consideration of written Request to Abandon Parking Area Village Manager Bradford explained that the Village had been in litigation with Dorothy Campbell and her corporation, Oz of Tequesta, regarding ownership of the parking lot at Gallery Square North, and issues related to • Ordinance 377. A tentative settlement requiring action and public approval by the • VILLAGE COUNCIL FETING MINUTES December 10, 1998 PAGE 4 --------------- Village Council had been reached. Village Manager Bradford reported the settlement of the suit entailed that the Village abandon the dedication to the public of the parking area; that the Village Council approve the Agreement of Settlement and Mutual Release, and a reciprocal overflow parking easement agreement which would allow Tequesta to retain the significant aspects of its interest in the Gallery Square North parking lot. The public would be allowed to utilize the parking lot for overflow parking purposes when attending functions at Village Hall so long as village Hall remains in its current location or on the parcels of land to the east of the current Village Hall owned by Tequesta. Mrs. • Campbell, Muriel Manning, and Lighthouse Gallery and School of Art would have overflow rights to park on Tequesta's land. Staff had found that abandonment would not be injurious to the general welfare of the public and therefore was in the public's best interest. 2. Public Comments There were no comments from the public. 3. village Council Comments Village Manager Bradford distributed to the Village Council copies of the final Agreement of Settlement and Reciprocal Parking Agreement. Attorney Scott G. Hawkins explained the differences in the final document and the copy previously given to the village Councilrnembers, including deletions of Lighthouse Gallery and Muriel Manning in a section referring to any steps Mrs. Campbell and Oz of Tequesta may wish to take to address VILLAGE COUNCIL MEETING MINUTES December 1d, 1998 PAGE 5 the alleged drainage problem associated with the drive-through access at the Community Savings Bank. Mrs. Manning and Lighthouse Gallery would only participate in the drainage problem if they desired to participate. Attorney Hawkins clarified that the clause stating no claims could be brought by the parties regarding this matter from this point forward was a standard clause. Attorney Hawkins reviewed all changes which had been made to the agreement and the reciprocal parking agreement that day. Vice Mayor Hansen commented he was in favor of settlement and relied on legal counsel in this matter. Councilmember Cameron questioned whether the property would be considered in conformity with Ordinance 377, to which Village Manager Bradford responded that although there were only 112 parking spaces when 154 were required, increasing landscape areas would only further decrease parking; and allowing the property to conform to the present Ordinance 377 was in keeping with past decisions on other properties in regard to this ordinance. Councilmember Capretta questioned whether this parking lot was any different from others in the Village which had been required to conform with Ordinance 377. Village Manager Bradford responded that by signing this agreement the village Council would be saying that this parking lot was in conformance with Ordinance 377 as it now exists; however, if any changes were made in the ordinance or any amendments to the useable square footage, use of the building, parking requirements, or landscaping, they would have to comply with the codes then in effect • relative to those aspects. Councilmember Capretta questioned how having unity of title • VILLAGE COUNCIL MSETING MINUTES December 10, 1998 PAGE 6 --------------- or unity of control to afford reciprocal parking would be different than this agreement, to which Village Manager Bradford responded this agreement was limited only to overflow reciprocal parking. Councilmember Capretta commented the public was upset earlier in the meeting about the possibility of the Village buying a piece of property at Tequesta Plaza, but did not have any comments now when the village was contemplating giving away a half million dollar parking lot. Attorney Hawkins stated he believed the Village did not technically own the parking lot and therefore could not give away something they did not own; and explained the developer had dedicated the parking lot • through a plat to the public. Under the law, the Village had the right to reach a finding based on the general welfare and best interests of the citizens, to effectuate an abandonment. Councilmember Capretta commented the parking lot had cost the Village money and produced no income; and by giving it away it would go on the tax rolls and create income for the Village, who would no longer have to spend anything to maintain it. The Village could still use the parking lot for overflow parking. It was estimated by the Village . Manager that the Village would receive $4,000- $5,000 annually in taxes. Mrs. Campbell, Mrs. Manning, and the representative from Lighthouse Gallery all acknowledged they were comfortable with the agreement. 4. Determination of Public's Best Interests Relative to Abandoament of Parking Area • Councilmember Mackail made a motioa that it was in the public's best interest that the VILLAGE COUNCIL • MEETING MINUTES December 10, 1998 PAGE 7 --------------- Village of Tequesta abandon the Dedication of the Parcel of Land Described as the "Parking Area"Gallery Square North Parking Lot) in the Re-Subdivision of a Portion of Jupiter in the Pines, Section "s". vice Mayor Hansen seconded the motion. The vote on the motion was; Elizabeth A. Schauer - for Carl C. Hansen - for Alexander N. Cameron - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted. • 5. Motion to Approve/Reject Resolution No. 8-98- 99 Attorney Hawkins read Resolution No. 8-98/99 by title only. Vice Mayor Hansea made a motioa to approve Resolutioa No. 8-98/99. Couacilmember Mackail seconded the motion. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansea - for Alexander N. Cameron - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted. B) Resolution No. 9-98/99 - Approving an Agreement of Settlement and Mutual Release as Nell as a Reciprocal Overflow Parking Easement Agreement Relative to the Matter of Dorothy M. Campbell and • VILLAGE COUNCIL MEETING MINUTES December 10, 1998 PAGE 8 --------------- Oz of Tequesta, Inc. v. village of Teguesta and Authoriziag the Mayor of the Village to Execute the Same on Behalf of the village of TeQuesta. (Staff Recommends Approval) 1) Overview of Agreement of Settlement and Mutual Release 2) Overview of Reciprocal Overflow Parking Easement Agreement Village Manager Bradford stated Councilmember Capretta had already provided an overview. 3) Public Comments 8a1 Hutchinson, Community Circle, asked how • much money the village had spent maintaining the parking lot, and commented he did not think the Village had spent anything. Village Manager Bradford commented the total was unknown, but the Village had done minor patchwork, had spent money on liability insurance for years, and had spent $45,000 on the right-of-way improvements. 4) Village Council Commeats There were no further comments by the Village Council. 5) Motion to Adopt/Reject Resolution No. 9-98/99 Attorney Hawkins read Resolution No. 9-98/99 by title only. Councilmember Mackail made a motion to adopt Resolution No. 9-98/99 - Approving an Agreement of Settlement and Mutual Release as well as a Reciprocal Overflow Parking Easement vlLraAGE coUNCIL MEETING MINUTES December 10, 1998 PAGE 9 Agreement Relative to the Matter of Dorothy M. Campbell and Oz of Tequesta, Inc. v. village of Tequesta and Authorizing the Mayor of the Village to Execute the Same on Behalf of the village of Tequesta. vice Mayor Hansen seconded the motion. The vote on the motioa was: Elizabeth A. Schauer - for Carl C. Hansea - for Alexander qP. Cameron - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted. VI. CONSENT AGENDA All items listed with an asterisk (*} are considered to be routine and will be enacted by one motion. There will be no separate discussion of these items unless a Village Councilmember so requests, in which event, the item will be removed from the Consent Agenda of Business and considered in its normal sequence on the Agenda. Mayor Schauer read aloud the following Consent Agenda items: VII. APPROVAL OF MINUTES AND REPORTS *A) Community Appearance Board Meeting Minutes; September 9, 1998 *B) Board of Adjustment Meeting Minutes; September 21, 1998 *C) Special Master Hearing Minutes, September 24, 1998 *D) Community Appearance Board Meeting Minutes; September 30, 1998 *E) Special Master Hearing Minutes, October 29, 1998 *F) village Council Meeting Minutes, November 12, 1998 • VILLAGE COt7NCIL MEETING MINQTES December 10, 1998 PAGE 10 --------------- *G) Village Managers Report: November 6, 1998 - December 4, 1998 VIII. APPOINTMENTS *A) Consideration of Reappointment of Gilbert Finesilver to the Board of Adjustment with Said Term Expiring December 14, 2001. (Staff Recommends Approval) *B) Consideration of Appointment of Alternate Board of Adjustment Member Kevin Kinnebrew as a Regular Member to the Board of Adjustment to Serve the Unexpired Term of Betty Coyle with Said Term Expiring December 31, 2000. (Staff Recommends Approval) X. NEW BUSINESS *D) Consideration of Approval of Lease-Purchase of One (1) 1999 Ford Taurus Administrative Vehicle from Duval Ford of Jacksonville, Florida, Piggybacking the Florida Sheriff's Association Bid Award in the amount of $17, 007.00 and will be Acquired Through a Ford Motor Company Municipal Lease-Purchase Program with Three Annual Payments of $6, 005.00, Having a FY 1999 General Fund Police Department Budget Allocation of $6, 700.00. (Staff Recommends Approval) Motion was made by Councilmember Cameron to approve the Consent Agenda as presented. The motion was seconded by vice Mayor Hansen. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Alexander N. Cameron - for • Joseph N. Capretta ~ for Ron T. Mackail for • VILLAGE COUNCIL MEETING MINQTES December 10, 1998 PAGE 11 --------------- The motion was therefore passed and adopted. IX. DEVELOPMENT MATTERS A) Special Exception Public Hearing for Proposed Dreamcars 10,408 Square Foot Classic Car Showroom (Large Scale Retail Sales and Services) fa Tequesta Plaza, at 210 Tequesta Drive. (A Quasi-Judicial Hearing) 1) Swearing-Ia of Nitnesses, if Required Village Clerk Joann Manganiello swore in all those present wishing to speak on this matter. • 2) Disclosure of Ex-Parts Communications A poll of the Village Council revealed no ex-parts communications. 3} Testimony of D~itnesses aad Cross Examination, if Any Director of Community Development Scott D. Ladd explained this was before the village Council because it was a special exception use because of the amount of square footage requested. Mr. Ladd explained that Mr. Bogart needed more space for his business. Mr. Bogart requested a special exception to move his business into Tequesta Plaza in a larger space, and answered questions from the Village Council. Vice Mayor Hansen noted there was not to be any parking in the front and asked whether there would be any parking in the back. Mr. Bogart responded • that all cars would be inside, and a large door had already been installed by JMZ Properties. • VILLAGE COUNCIL MEETING MINOTES December 10, 1998 PAGE 12 Councilmember Cameron commented he looked forward to Mr. Bogart having a better business after the move. Councilmember Capretta inquired regarding the length of Mr. Bogart's lease. Mr. Bogart explained he was basically leasing month-to-month while waiting for either the approval renovation or demolition of Tequesta Plaza. Mayor Schauer commented she was glad to see this move since cars parked outside at the present location took up parking spaces near the yogurt shop. Mayor Schauer inquired whether Mr. Bogart had considered moving to the Tequesta Motors location on U.S. One. Mr. Bogart responded he would not consider moving there since the price of that property was $3.1 million. Mr. Bogart quoted from a letter from the President of I Can't Believe It's Yogurt that they had had • no parking problems at Tequesta Shoppes for over 12 months and Mr. Bogart and his Classic Car store had been excellent neighbors and tenants. Vice Mayor Hansen asked when Mr. Bogart anticipated his move, to which the response was January, 1999, and stated he was not aware that anyone would be moving into his present location when he left. Village Manager Bradford asked whether it was Mr. Bogart's intention to become a tenant in any new structures that might be built in the renovation of Tequesta Plaza, to which Mr. Bogart replied that was his intent. Village Manager Bradford stated the Village had granted a provisional permit to go ahead with installation of the garage door with the understanding that if this application were denied by the Village Council that it would have to be corrected. village Manager Bradford emphasized that outdoor parking and display of the vehicles was prohibited even if the vehicles were properly registered and tagged, and was also subject to the condition that trucks, trailers, and other • transport vehicles should not be allowed to park on the property except for short term temporary VILLAGE COUNCIL MEETING MINUTES December 10, 1998 PAGE 13 --------------- parking necessary for loading and unloading of vehicles. Peggy Verhoeven expressed her opinion that Mr. Bogart was a good business person with ability and integrity. 4) Finding of Fact Based Upon Competent, Substantial Evidence: A) Motion to Approve/Deny Special Exception Use Request Motion was made by vice Mayor Hansen to approve the Special 8xception for Proposed Dreamcars 10,408 Square Foot Classic Car Showroom (Large Scale Retail Sales aad • Services) is Tequesta Plaza, at 210 Tequesta Drive, subject to staff comments that the outdoor parking aad/or display of vehicles is prohibited even if the vehicles are properly registered and tagged; aad also subject to the condition that trucks, tractor trailers or other transport vehicles shall not be allowed to park on the property except for short-term temporary parking necessary to load and unload vehicles. The motion was seconded by Councilmember Cameron. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Alexander W. Cameron - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed aad adopted. B) Site Play Review for the Addition of ATM unit (Automatic Teller Machine) within the Existing Drive-Thru at Independent Community Bank, 307 Tequesta Drive. • Frederick E. Martin, Applicant. • VILLAGE COUNCIL MEETING MINUTES December 10, 1998 PAGE 14 --------------- • C. C Director of Community Development Scott D. Ladd explained the Independent Community Bank wished to install an ATM unit, and that Mr. Martin was present. Couacilmember Mackail made a motion to approve the Site Plan Review for the Addition of ATM unit (Automatic Teller Machine) within the Existing Drive-Thru at Independent Community sank, 307 Tequesta Drive. The motion was seconded by vice Mayor Hansen. The vote on the motion was: Elisabeth A. Schauer - for Carl C. Hansen - for Alexander qP. Cameron - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted. Applicant. Review of Plans for the North Riverside Drive Low Pressure Sewer System, Loxahatchee River District, Director of Community Development Scott D. Ladd explained that no one was present to represent the applicant, and that proper notice had been given. Mr. Ladd explained that this review was before the village Council because of regulations in right-of-way procedures that require anything affecting the right-of-way to be reviewed by the Village Council and by the Development Review Committee. The DRC reviewed the plans in September and ENCON representatives Paul Brienza and Jerry David, Engineers, had been present. Both the low pressure Riverside Drive sewer system and the sewer system for the peninsula had been reviewed at the DRC meeting. Mr. Ladd explained that this project would affect approximately nine homes in Tequesta, and ENCON'S anticipated starting date was December 22nd. Mr. Ladd reported great difficulty in obtaining the plans, and that although Mr. Brienza seemed • VILLAGE COUNCIL MEETING MINUTES December 10, 1998 PAGE 15 --------------- more than willing to discuss the project, each time a request was made for which he needed to consult Mr. Dent, he reported back that he was not able to fulfil the request. Mayor Schauer expressed surprise that none of the residents affected were present, and asked whether ENCON would pay for permits. Mr. Ladd responded ENCON was allowed a gratis permit for the peninsula, and in the past the village had provided gratis permits to ENCON; however, that was before the Department of Community Development was reorganized to become an enterprise fund and also before the Village revised right-of-way procedures to require permits. Mr. Ladd reported no problems from anyone else in paying for permits, including franchisees. Mr. Ladd reported he had pointed out to ENCON that this project area was outside the lawsuit; however, ENCON~s position was they would not • cooperate and would not do anything different than they had ever done by furnishing courtesy plans and obtaining a gratis permit. Village Manager Bradford explained that Attorney Hawkins had received a letter from ENCON~s attorney regarding the village Council review of this project, which was requested to be an attachment to the minutes. Village Manager Bradford summarized the letter and explained that under Ordinance 209, the franchise agreement the village had given to ENCON, before any sewage system was extended in Tequesta the village must approve the same. When any subdivision or piece of property was developed, the infrastructure was always a part of the packets received by the village Council, so that a vote for or against the submittal included adherence to Ordinance 209. village Manager Bradford explained there had been very, very few, if any, retrofitting of sewer systems into existing neighborhoods over the years; and two years ago the procedures had been amended to also require Village Council approval for any retrofitting. In the case of Tequesta peninsula, the ruling by the Circuit Court included the finding that • ENCON was in compliance with Ordinance 209; however, this project was not the peninsula project nor the permits for • VILLAGE COtTNCTL NBETING MINCtTES December 10, 1998 PAGE 16 the peninsula project. Village Manager Bradford reported that the residents of Riverside Drive were opposed to a sewer system and had told the ENCON Board that if they were required to have a system over their objections that they wanted a gravity sewer system which would be in keeping with ENCON's promise made to the people of Tequesta and other areas a few years ago. Village Manager Bradford reported he had read in the minutes of ENCON Board meetings that ENCON staff had come up with estimated costs as high as $15,000 to service the Riverside Drive homes with a gravity sewer system because of the length of the long narrow lots on the river and the slope above sea level, etc.; therefore, they proposed a low pressure sewer system as less detrimental to the community in terms of disruption and much lower cost. The meeting minutes also revealed that a survey of all • the residents indicated they wanted a gravity sewer system. When the final vote was taken, ENCON voted to use a low pressure sewer system. They now had completed a contract to design and were ready to start the project. Mr. Ladd had informed ENCON representatives at the Village DRC meeting that this was not a part of the peninsula project, which was why it was on tonight's agenda. Vice Mayor Hansen agreed this was not a part of the peninsula project which the Village had fought because Tequesta did not pollute the river and also because the Village feared salt water intrusion, and therefore should be treated separately. Mr. Ladd commented residents had expressed concern that the grinder pumps would need constant maintenance; however, it appeared that ENCON would be solely responsible for that maintenance, and he had hoped a representative would be present to explain that issue. Councilmember Cameron stated ENCON was just another vendor and should be treated the same as anyone else. Councilmember Capretta commented that since the residents did not want a low pressure sewer system the village Council should not • grant the permit; and since ENCON continued to show utter disregard for village laws and procedures the Village • VILLAGE COUNCIL MEETING MINUTES December 10, 1998 PAGE 17 Council should not even discuss this matter and the Village should immediately do whatever they could legally to stop ENCON from continuing with this project. Village Manager Bradford estimated $1,200 to $1,500 per home as the cost for this low pressure system. Councilmember Mackail commented there was no consistency in pricing and stated he was very disappointed that ENCON was not present to address issues which the village Council questioned. Councilmember Mackail agreed with Councilmember Capretta's comment that the village Council should not even discuss this matter. Mayor Schauer requested that Mr. Ladd find out whether ENCON paid permitting fees to Jupiter. Mayor Schauer commented that residents from the unincorporated area had expressed concern they had not been informed whether they would be required to hook up to the sewer system immediately. • Attorney Hawkins advised the Village would have standing if ENCON was not following village procedures. Councilmember Mackail commented when ENCON had been to the Village four years ago the low pressure system was a voluntary concept, which it should still be, and they were not following Village procedures. Councilmember Mackail made a motion to deny this application. During discussion of the motion, Village Manager Bradford commnented it had been standard procedure that as applicant have someone present to answer any questions and for the time being rather than rejecting the application perhaps it could be postponed until ENCON came before the Village Council to answer any questions. Councilmember Capretta objected because by the next time the village Council held a meeting the project would already have been installed. village Manager Bradford pointed out if the sewers were installed without the Village Councils approval the Village would definitely have grounds for legal action. Mr. Ladd stated that under the Villages site plea review process the Village • Council had the right to postpone if as applicant did not appear before them. Councilmember Capretta requested VILLAGE COUNCIL MEETING MINUTES December 10, 1998 PAGE 18 --------------- information oa what the Village could do legally, and the names, addresses and phone numbers of the nine residents who would be affected. Mr. Ladd verified the residents had not bees notified of this meeting, and it was not known whether sewers for the sine Tequesta residents would be installed first or last. Sharon Walker, River Drive, reported she had been actively involved with a citizens group, The Loxahatchee River Political Committee, working to save the Loxahatchee River from further decline due to pollution and ultimately for the river's rebirth. Ms. Walker reported there was legally very little the citizens could do to require ENCON to address the major sources of pollution to the river, except to sign a petition asking • ENCON's governing board to respond to their request for a 3-year moratorium on severing to work with the Department of Environmental Protection and the South Florida Water Management District, or until DEP's Eco- System Management Plan could be implemented. Over 2,500 residents signed that petition. After three months of no action by ENCON after receiving the petition, the Political Committee filed suit oa October 23, 1998. Ms. Walker reported that the matter vas now before the Circuit Court, and it vas extremely unfortunate that the only way 2,500 constituents could get their government to listen to them vas to sue them. Ms. walker commented an aggressive strategy to address stormwater pollution vas needed, and requested the village deny the permit requested by ENCON. village Manager Bradford stated a letter had been requested to be a part of the minutes and described said letter as being from Attorney for ENCON Curtis L. Shenkmaa of DeSaatis, Gaskill, Smith & Shenkmaa, P.A. regarding the low pressure sewer system, North Riverside Drive, Village of Tequesta, which in the Village • Manager's opinion was an attempt to confuse the issue of Tequesta Peninsula with this project. VILLAGE COIINCIL MEETING MIN[JTES December 10, 1998 PAGE 19 --------------- Vice Mayor Hansen seconded the motion. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Alexander w. Cameros - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted. Village Manager Bradford requested a letter be sent to Mr. Dent advising of the Village Council's action, to which Mr. Ladd responded that was standard procedure. The Village Manager also requested that Mr. Ladd notify either the Village Manager or Attorney Hawkins immediately if he should become aware that ENCON had commenced construction prior to approval by the village Council. Possible legal procedures were discussed. Vice Mayor Hansen commented the legality of the petition signed by 2,500 residents had not yet been decided by the Courts. Village Manager Bradford advised that Mr. Ladd might need to red tag any work that was started and use police powers to stop work. x. NEw svsINESs A) Consideration of Jupiter water Increase Refund Amount and Format for Refund village Manager Bradford explained that all legal issues relative to the rate dispute and the RO challenge had been finalized, Tequesta had been successful in overturning the 91~ Jupiter rate increase, and the Jupiter Town Council had rescinded their Ordinance adopting the rate. The Village Manager commented that • the water rate increase paid by Tequesta's customers plus interest could now be refunded. $1,752,615.50 had been • VILLAGE COUNCIL MEETING MINUTES December 10, 1998 PAGE 20 --------------- collected, held in escrow, and invested with the State Board of Administration and an average interest rate of 5.44 had been earned. Detailed records for each account had been maintained on Tequesta's computer system, and a typical customer with a 5/8~~ meter had paid $7 to Tequesta for approximately 33 months, and would therefore receive a $231 refund plus interest. Tequesta had expended $374,475 on legal fees defending this lawsuit, plus approximately $33,000 in administrative costs. A Village Ordinance would allow deduction of these applicable legal fees from the amount collected, however, staff recommended not deducting the legal fees from the escrow funds since the water enterprise fund retained earnings would realize $555,000 from current projects in the near future to be added to the current $200,000 in • retained earnings, which would provide a cushion for unforeseen expenses. Staff therefore recommended the village Council refund 100 of the escrow funds plus 5.44 simple interest, and to notify water customers by a letter accompanied by a check to be mailed before February 1, 1999. The Village Council was advised they had the option to offer opportunities to the residents to donate all or a portion of their refund to various upcoming projects, however, staff recommended not offering any donation options, and to apply the refund due customers with overdue accounts to those accounts. Vice Mayor Hansen recommended deduction of legal fees for administrative casts from the refund amounts. Councilmember Cameron expressed his opinion that 100 of the amount should be refunded since that was what was promised at the beginning. Councilmember Capretta and Councilmember Mackail agreed with Councilmember Cameron. vice Mayor Hansen stated he did not know whether that promise had really been stated since he did not remember it, and did not know whether the Councilmembers could legally vote to refund 100 since a Village Ordinance stated legal fees were to be deducted. Vice Mayor Hansen • reminded those present he had wanted lower taxes, but in this case felt the Village was entitled to the legal • VILLAGE COIINCIL MEETING MINUTES December 10, 1998 PAGE 21 --------------- fees. Councilmember Capretta stated Vice Mayor Hansen was technically right; however, the public was tired of excuses, etc. Finance Director Holloman assured the Village Council that people who had lived at different locations would receive all their money. Arnold Blum asked whether the prevailing party in governmental suits could recover costs, to which Attorney Hawkins responded in this case there had been no statutory or contractual basis to claim entitlement to fees. Councilmember Cameron made a motion Jupiter mater increase plus 5.445 the provision that the village • delinquent accounts. Councilmember motion. The vote on the motion wa to refund 100 of the simple interest with keep the money on Capretta seconded the s: Elizabeth A. Schauer - for Carl C. Hansen - against Alexander N. Cameron - for Joseph N. Capretta - for Roa T. Mackail - for The motion was therefore passed and adopted. During discussion regarding the cover letter to be sent with the refund checks, Councilmember Capretta requested that the letter be friendlier than the proposed draft. Councilmember Mackail made a motion to provide a friendlier cover letter to accompany the Jupiter water Increase refund checks. Councilmember Capretta seconded the motion. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for • Alexander W. Cameron = for Joseph N. Capretta for • vILLAGE coUNCIL MEETING MINUTES December 10, 1998 PAGE 22 --------------- Ron T. Mackail - for The motion was therefore passed and adopted. Finance Director Holloman explained the procedure used to track the amount of money collected from each customer. Mayor Schauer requested that the reporter from the Courier put a notice in the newspaper that people who no longer lived in Tequesta but were due a refund contact Finance Director Holloman. B) Consideration of Cessation of Legal Efforts in Village of Tequesta v. South Florida mater Management District sad Town of Jupiter; Petition for Administration Hearing. • village Manager Bradford explained that this issue, the rate dispute, and the RO issue were three separate and unrelated legal issues with the Town of Jupiter. Since all other issues were settled, this matter could now be dropped. Councilmember Mackail made a motion to approve Cessation of Legal Efforts in village of Tequesta v. South Florida Pater Management District and Town of Jupiter; Petition for Administration Hearing. Councilmember Cameros seconded the motion. The vote on the motion Wass Elizabeth A. Schauer - for Carl C. Hansen - for Alexander oP. Cameron - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted. C) Discussion of Annexation of Area vI for March 1999 Referendum. • 1. Ordinance - First Reading - Annexing into the • VILLAGE COUNCIL FETING MINUTES December 10, 1998 PAGE 23 --------------- village Certain Areas of Land (Anaexation Area VI) Village Manager Bradford explained that pursuit of at least one area for annexation during 1998 was an objective given to the village Manager by the Village Council, and the Finance and Administration Committee had recommended Area VI south of Tequesta Park be considered for an annexation referendum during March of 1999. The Village Manager commented he had provided for Village Council review a list of the registered voters of this area which included Tequesta Hills Subdivision whose residents desired greater police presence and protection and faster response time by Tequesta Police and Fire Rescue during the last referendum. • The cost to these residents would be extremely low to become a part of the Village. village Manager Bradford cautioned that the Village Council should consider the ramifications of holding a referendum for annexation of Area VI when at the same time they were urging Representative Warner and others to sponsor special legislation to annex Anchorage Point without a referendum. Village Manager Bradford introduced the new Village Planner, Kara Irwin, who had been with the Village since November 30, 1998. vice Mayor Hansen commented his record would show he had been in favor of annexation since he became a Councilmember, and commented that Anchorage Point was totally surrounded by Tequesta whereas Area VI was not. The Vice Mayor commented he would be willing to go to Area VI to speak with residents. Councilmember Cameron expressed his opinion that the Village should proceed with annexation efforts by both methods. Councilmember Capretta commented • annexation should be done by any device available. Councilmember Mackail explained he had spoken with VILLAGE COUNCIL MEETING MINUTES December 10, 1998 PAGE 24 --------------- Representative warner that day regarding annexing the Anchorage Point area, and he agreed with the other Councilmembers regarding pursuing different methods. village Manager Bradford estimated approximately $175 annually as the cost to the residents of Area VI to annex. Councilmember Mackail commented he believed the benefits would outweigh the cost, and believed the Village should pursue annexing Area VI. Mayor Schauer also agreed. Attorney Hawkins read the above Ordinance on first reading by title only Councilmember Mackail made a motion to approve the above Ordinance to annex into the Village Certain Areas of Land on first reading by title only. The motion was seconded by Vice Mayor Hansen. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Alexander W. Cameron - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted. E. Ordinance - First Reading - Adopting Latest Construction Codes and Countywide Ameadments Thereto, as Recommended by the Building Code Advisory Board of Palm Beach County and as Mandated by the State of Florida. (Staff Recommends Approval) Director of Community Development Scott D. Ladd explained that the Board of County Commissioners was in support of adopting the 1997 Standard Building Code, Standard Gas Code, and Standard Mechanical Code along with County • modifications; and keeping the 1994 Standard Plumbing Code until such time as the State amends that code. Mr. • VILLAGE COUNCIL MEETING MINUTES December 10, 1998 PAGE 25 --------------- Ladd explained the modifications were minor. vice Mayor Hansea made a motion to approve the above Ordinance oa first reading by title only Adopting Latest Construction Codes and Countywide Amendments Thereto, as Recommended by the Building Code Advisory Board of Palm Beach County and as Mandated by the State of Florida. The motion was seconded by Councilmember Mackail. Attorney Hawkins read the above Ordinance oa first reading by title only. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansea - for Alexander W. Cameron - for Joseph N. Capretta - for Roa T. Mackail - for passed and adopted. • The motion was therefore F) Resolution 10-1998/99 - Approving a Contract with Florida Software and Data Systems, inc., of Boca Raton, Florida, for Computer Consulting to Include Review of Financial Accounting Software RFP Responses, Network Design ($4,750) and Configuration and Implementation ($95 per hour), Having a FY 1999 Water Fuad Budget Allocation of $20,000. (Staff Recommends Approval) Village Manager Bradford explained that the present computer system was antiquated, not user friendly, and had a Year 2000 problem, and a Computer Committee had been appointed to review hardware and software options available to the Village. Police Chief Allison explained the need for a consultant to do this work, and commented that Florida Software and Data Systems, Inc., had been chosen based on past experience, since they had worked for the Village on previous projects. Mayor Schauer commented that the package provided was very detailed and • indicated a lot of work had been done by the Committee. Vice Mayor Hansen questioned why the Village would go out • VILLAGE COUNCIL MEETING MINUTES December 10, 1998 PAGE 26 --------------- of town when there were similar firms within the Village. Chief Allison explained that this was a complicated procedure and this company was very experienced with this type of work; therefore, it was felt they would be the best for the job. Councilmember Mackail stated he was very pleased that the Village was moving forward with networking the computer system, which was a major undertaking. village Manager Bradford commented that the former Finance Director had estimated the cost of hardware and software at $50,000 and the auditor had estimated $100,000, so the village Manager had felt $80,000 would be sufficient, and had budgeted that amount. However, the cost was now estimated at closer to $100,000, which if true would require an amendment to the budget. • Attorney Hawkins read Resolution 10-98/99 by title only. Councilmember Mackail made a motion to approve Resolution 10-1998/99 - Approving a Contract with Florida Software and Data Systems, Inc., of Boca Raton, Florida, for Computer Consulting to Include Review of Financial Accounting Software RFP Responses, Network Design ($4,750) and Configuration and Implementation ($95 per hour), Having a FY 1999 water Fund Budget Allocation of $20,000. The motion was seconded by Vice Mayor Hansen. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Alexander w. Cameron - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted. • • VILLAGE COUNCIL MEETING MINUTES December 10, 1998 PAGE 27 --------------- XI. UNFINISHED $USINESS F) Ordinance - Second Reading - Amending investment Options of Board of Trustees of Tequesta Employees' Pension Trust Fund. (Staff Recommends Approval) Village Manager Bradford explained that this Ordinance would give the Board of Trustees of Tequesta Employees' Pension Trust Fund the investment options they had previously requested to provide more flexibility in foreign investments. Attorney Hawkins read the above Ordinance on Second Reading by title only. Couacilmember Mackail made a motion to approve the above • Ordinance oa Second Reading by title only. The motion arse seconded by Couacilmember Cameron. The vote oa the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Alexander ~P. Cameron - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted. X. ANY OTHER MATTERS There were no other matters to come before the Village Council. XI. ADJOURNMENT Couacilmember Mackail moved that the meeting be adjourned. • vice Mayor Hansen seconded the motion. The vote oa the motion was: VILLAGE COUNCIL bU;ETING MIN[JTES December 10, 1998 PAGE 28 --------------- Elizabeth A. Schauer - for Carl C. Hansen - for Alexander W. Cameron - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted and the meeting was adjourned at 9:32 P.M. • ATTEST: Joann Manganiell Village Clerk DATE APPROVED: ~y / ~ X999 Respectfully submitted, ~~ ~~ ~~~ Betty Laur Recording Secretary • i• • - 1 1 -9B 1 5 32 FROM ~' I LI.!1CF OT' TFCIUF.STA I D :7~C.:F1. 199f~ ?('t'!'` ',ONES; FO~Tf c., JC~i^~TCN $ c,-I IABS 5615756203 PACE 2 N0.4f33 ~' ~ ~~; ies..~, ; ots~~.-~'ti ' :b9 i t.'.:; ! I',:s~'Cp,°~"~ Cy1~:~.~, ~sj.p ~L~'r~. ~y- 34T2i E~aea rvr~ ri 1R•~;R Y.I~A.t 83:~+'~~. F•(JuJR\L.VyI )J'dtt€-G9i2` 4xw, I:.wvs Tsia'~r+'~w-,• (~d5 j ors ;~7p~r ...-:1tr c. .,,. ...-.. ~ 'rtrr`1Ft±+J1$ ;lGh j faX..~-2Rt1 1~uaru :~+~..; ~ ~~.,..~ i)~t~exy~r ~l, 3~~+i3 a r~p~ ~y fax 83Z-?4~4, ~h~;~e fsf9.3Y~t1~~ & ~J~; ~v1:t~. ~S~bt~. r..s`1 S~,'v..w. G. t iAVV\r~<:s, r:~l,lJitZt c, c c~~ ~~~ .,,. ., ,-~ ~. ,. n n . ,.ti'> Imo;';;a* S:.~o~r ~Y`~'f'l•1. ~'r~ +r°~ ~jx~ 9c}fu i !-_:,?E .-.F'•• irvnt ~wehMd i ._ ;.~~ ~1~?''1fPi{jt"?14~~T>;7! ~rf?Y'y;{tti.e'f }a ''11W f'; 1e,~ ~ a~fi ~~ duI°f !"~~ r~x~^r: r ° (Z~ r.V a r r,.` n { ~~?'~'. It1!''°1Y '~;r+uxrB ~+rif b"^'{7Y~t"YA~ ~ ~~~~ {~.9C"~b!~!.'!~~ ~i.'F. '- e"t ±r~. ~?. r<~~"', t }icx '~t .., ~ F. . :Y, '..l9~Ni1"+ '."rr'st r~t #.. ,~14';~},.°.+)t 1r'{ ~}~~ar ~A~``'.•""tR/4?' ~',r~~tla9~rf~''r!}.jS r~~ fit '~' iiu~ v~~ vy_ ~~' ""OCR. .t.,< d 7~! tK^y"{Cxle,µ• } { ^ .t t:' ~ + ,.,' .~:r-a ~ r~ti,'a11.~~s*'d'IIi`.-~`~i'~~'"r ~"P'f vr,; ~t,,' .: )t~~ r"fJr?'1:`,i •-:, -t ~ ~'q ~'' ,; 1± ^. ~ ~PR"~*7'hPf "~'*•9~ YS;x~ 1r y •r ~ ~!"• 1^, r rhr! r c : n. «~ . t r .; x i~t'! r•!tt~~l~' ~ f1, k ~~ ~~? ? ~i ?t., ~,t~l~l~t EP@'P3 IX '~ ~lQ-~~~. 111, Gir}~T,~.~' '~`? S~";t' ':Q';~, .... ~,,d,,• ~ . EL'3P ~w°tr:' z:'cz'~l~i,.-•4t~~:~d ~o1,'~Cdi~~ "~~r;~l:'4~! i1i~ ~F,~~'1'?"Wi3! ~?Fu~~ IRs'°,I~,1E}"Sv~ ~r~i~'l^~r"~' Vii, i!',~" ~ ' t'{!fi'tj"li'~P'~ .4,~f"7"+t1['' 414.,gWy~{f° x!iA'i~4 ~~i~~t!ffi4 ~'A1!CY. :~ -~. tr1 r,gv~ +L„ '1a'~` x! S- ~ ~~. ~.. .x ' ~,'~~+(' ~^I~Y.AP ~1~~~L,(q~'. ~tD7F°»'~j /~~tl~{Y~~ hr.,r1 ~~°1~ta~"'~~r ~r,:('~''~Y t-+is ~.l~~~,~C, ~j°~,+C>Y'!°+1 14. ^. ..~~ f."rr ^ .t~'^rt RE-:tC ~, t"~.~>ilreh.~ ~~s r~..prv; F ,. ,A°.n ~~'"'il• ~~;}':~'tp/'{ ~'•-s+o}. d ~''k 'T ,re.'1 ~ "S . i . r. :flici ~'i~1~r.~~~?.L'<~ ~ •.;:tl'...~y .,~.t"'~°wsN_fi~A~": ~~C1~+•.3"'rP ~d 1~~.'~i$~'r t~ '~ .3~~f: ~"r~`. fa, ~~~d d'lljC1+,. ~.~i ~!!;' tFliitf?K~L:1'.bit t'dPKIR!I.i4"' r~S. ~:11'V; .rj"1,I"l .~': :{1?':'SiNEyI~",'1d"rf?=. t;i' M,t:]+i+~ ~*.'!~ d'#Si, +"A.q^~ ,f. ~,'-'Pr"'~il is a`Y~:i Gf ~°'`i_+it` :rfr`1 Q"~I"ti' si"t~u`1Lt+l7rY i'l.~"r ~t~. 34 K'S~v~ ~Er '~'}1,,fire'„rw !"xa4 v i~f r ;~"~°` rr~ ;?s~~E'r~°~.e~Y~'~ ~3t'f~U~ f`t~~ ~1~'+C'.3T ~IDl~+~('1~u^~'~ i7 5(S~t,~.'~r~.~'y*~~b;41c ?~^~h ~; 'dui", .K ~t ~ni- J' ".;fit ..Litt ~'~ sy(~f.., ~t:xA'1CRial~-1 fit(} ~ Iii r<h~ G'°`"'1~it~$'!$4I~ ICSY ri`r1,S' ~'~~SP!~~.'. t ~'~I^:~c~i ,~~y~.~fti .. ~ ~.' . r .{~aeef~~ ~!', t~1r~ ~ ~.R ~S' 1~1:~, - ~' '': ir7 ,~y,a"t7 ~6~ ~. - .vt .'i~ r, ri{Nt~t'r'?:r,'1; ~"lf'."'v'/'i?' ~i ~GCi" r., .:.+s ?C'~;~ili"!'y~e~ ~;:i~tlf-'~:ti1x" ~)tt'~6p't~.t1+"ti` "1~(3'{ '~, r.^Jf{P+P~" '!l`,r` ,,,i! , ., f•~a.'kt71f. i~.5",'4N'i ~'!,,, p'{'Frw<'p..!~,~>i~4y~ C"'tt~~^f'l+•~:'1t~'fY' q~} LSD' "'1~'S''P ~;'! C)n ~y''~'~ ~~; t~~~''.~, } •''vC!'~#~t ar,~'' '1'!~tst?SY,a '~~~rt~c, ;.•r~•, _~.~~ ~~i°~'",,c..~r .. ~~'i~;~'d!r`s~r•7 YY r3~4 d,~i1 i~ yL~,~, x,, ,.1 t 'S "~~% V f h i`'T° x .t, t~ ~ C. ~. '~ i~ ~ b::'~~~3~F'~ f°.`4.t"~'~ , Y7..sd?SYd C', ~h, J r "d~.~ r ~,r,- +r i -~e M~~'?x~. h':~t'I~y4i'~x:s ;:,'~ ?'~~~;;`~!q,;'C ri~t~'{B5 g~ G8'ts!1PJ& l,~lil fst'Id f)v',~t 1!!4i~ ~a})!~t < -•v-~ - ,~y;~!.{;* Fix~Gp~:?'Yi;.:~? n~J,.` °;iRE:K.i~w ~tiSdK.tt"t~e34:lL~^~~!'+~IrB~'"xCtiD!f-iLm;,,~'~rt~~,$1?`~'ih'~~r.,.. ,:: '¢;r`~,r,_ , :;3 ,P. •>T'- ~.r..~i-~:q~ 1'~r '~i5~?'i '.!"~~ t~.'r:Cl-s~•.,a is. ,t, ~at'0/'P~+~'~~ ;~~,~ ( p~^ r~ y \/`11~+~~.7'1n L/~w~, t^f ~.~,. Ftrli. :~ , .{,~' .31.-r't:-G'.^~it'' .n',~'.~/$.a, .*nx ». V"` W! • ,w f ,-.~,4i~"Er"~~"d~;t ~~. ~~C'1;'~.5,°gr. Xrt ~3T'~:.".i:,~ 1 . aS' ~r.~t r;(~f E' yv;,. ~ .,~ a.„ - (~ x,~,.yy~.•~e ~ ,. x :'S. ''xo-' ''~a'.:<r ~' +?r f'^, fwx!/L;n ~.fyt-.:^ ~. .. , ., ~ „t.,.. .. .~ trd I~'q 1:•~.e '.r°r: ,, ,..,rm,. • DEC - 1 1 -98 1 5 32 FROM v I LLACF OF TECdUF.STA I D 561 57~i6?03 PACE. 3 ••~,.-•`,.~;_. 1FJ. 1198" r: ~'F~F-.~.~~nesrTl7NE-~" ~OcTER 70F{~`~;Ti~N & CTU9F35' ocr ~o~,s~~~.-, ~ Np.4£J:~ ~'. 4,~F, `• ' ~C.;UI r t;:. !-~,~ir~+'f~fRl~, ESt?;IRf ~~e ~rr~rtrhiS~ pr~avidas tF,r~ io.'~t{c~n of the ~.r*~nrer f~c;!?[~e-_s is i~ Er+tar~.rc a~ lfttl^ ~ ~IG`~'.Slbtc' wtlth t~rif~sc-. Fql• ti?i4 ~u~;,n4~', fhw ~'ra~C~!!5f' piOVIS~'!,_'I 'For tr'a1~EC Cx~ordln~.#nt? '~,1•!'• Tom. ~F.i4p.vl, "~i,tt ~~?~ ~ ~..~i~na~~Y t~? in~~~ ~~~~1_ ~.~-+Q ~k ~t~ of~ranre~'s (~ ''~aT'~l~~c~!ii<~._~6' . " Ths FrancfissK provides Te~v~ta shall rtat 1~w; Impo~+ ur ~requirn f,4~rn ~'~'CCl'N, ar -t~ ptopelty, E>rasYin~ss, or o~ratlanK re!atirt~, to zep~vv~-~ s~rvicc~; +any tax. !Wc_~~.+~r dam,. t~:• a~c~ imr~asi.iote The Fr;rinr_hi~ pm~rr~~~ Yra~'a agr~~ nc,t tes R!'°~~~ kR t}'~£' ~.!56A~ASS of ~ewc~aEe CC~IOe'G:.t'lOts, trt9~if1;?tPr•R ar~d rii~~~al lit c~pry~?t~ts~~r~ +'rltlti l~Nf ~7t~~ ar:~ T~d~w!rt~ ~rt~~ tt~ c'~n~+a~a.tc~ ~r~tlth ENC'~Ni ~c~r trnr~ryt^Y eve !'2:~1 ~~~r5 sinc~° ~ ~ $?'. Until :taw, ~N:"WUf'v 'rra.~ sett c:~xrstrvctln~t, t,)~;raCsrtg drYd rii~T:'~~i0-+y~~ t,Fir, aQWt'PA~,P 5)/'STl"5713 Ili irIY~CIE!~KT~! ~lv~t~lOllt Ltlw t1P~"P~51t~ (t-aP tJ'cp "~~`~fi,~;;~ (:r~u!: "; :i~;3-~!>v~ Tt'cz".ae.~st-a's r1Ftw r~lail>~r+etlt rf the ~il'a~~ C~'~ttr~ri! ~te~~vrr~,vr~' is ill~"cZr1515tp!rAf Wit~r 4wP CI!~';l't['S L~f ~~~~n~ ]7iJT*.-l1~Rt tD Cf!~' ~r~lt't~h~SP T'~e C.c3l~ri' ~eClar~c! tha~ Er,con is in c~Ir~p'~arl~e ~r~th the Fr:~r~cl•ris:~ A~-~rl~ent be~°.~•:~ ~ncan ,~ri~ Teau~~~~ ~?~yuesta"~ ~rl~in~rtic,~ 2fl^~) `~ ~®Irr2c~:'",,r" :~'fti, ~~rr•-~sft. l~~uw~ b'v the Nr.~;th Dq~lt~'hent Wpwtver, ENCt~Iv; as a cai.artesy tz.~ Trgvezea, h~l~~ invPt~cl T~e~ry,rerztl to ~Ilta~,: th~~ pr+~-+oDnStruz~tton mt~#in~. Pt~~ auvisQ yc~i~: ~.ii~rts teat frsr ;fle 2Ew;rv~ sta'tEK~ r+~a~p<,~art~, ~ a~l„o~~~si.~ sitit~«6d net Ery tp it'11'~~4'r4~ with ~:* ~v~;~ ~;~rc47'i.~~-i i~°3re ~: S?.iy'ax?;:`fir ~:; ;„~, l~-~~~r, -<o;u~ t ,y i• n~ orz. PR. ~ 1ti1A~S~; ~'~~t°4 1.1~'~"~`EI~ ~A~T ~f3f TS-~~ ~,+41r~~t r'fiT~ c"t1r r t~k.: r/tt.t.~.(;t. ~'~?t ~v'~"»t'S 12-t~-~~ ~.3~fT4NC A!~!? P~~i' ~~ 'tN~ ~~~~~ t;~~' ~~i . ; ~ t- F~,., : R , ... , ., , ~.- ,~ t..~; x~ i Nt ~1'4I~R~40'D~ F)RO~i'r S~Wt~~ ~`.~'~ ^~ • I.~~5anCic, C;~cl'f ~m?ttt Fs Shenk°'t -~t:, F ~ > m~ - _,Y '~ ~~ ~` ~~ { i ~~ - Rfc:}'~dMl r; ~~'r?t, ?~'c~"utfV~ Ulr~ct~r ~.;nv,.~r~ ~ r ~~7~r~ c°rf t!~e l.oxah:~re_-h~~ Rtv~,r [?i~trt~r 4". ` E ~I~s ~"..-~as~.1~, Csr;. • DEC - 1 1 --9@ 1 5 33 FROM '.1I LL.AGE OF TEC~)UESTA I D 56I 5756?03 PAGF. 4 "~'W '"DEC. 1F1. 1'3'3E3 J ~:' ~::1 f'M~aorTC~;fir FbSTER 10HNiT0~l & ~TIIPBS' ~b i nL-c~tlY 1 p.~ , 4c3~ F'. S ~F, ~• ~' • ~r •yaa u~ii.w..a: kJq.s.+~ ~~ ~ 1/4 1C ~'~ F.OiI~V ~~~x~a,, ~ ~7's 11 S75~bZ~0 ~ ~. ~ J ~' y1" . ~'Sa'.~' }~. ~: ~t:Y1ZiY9C ~,`°'YNC~` 17w-~r Fv~r . 1"'~e:xY'k ~c_v.~ w~ g31e ~~°,~ ~.rc-z~. by s~sxe' 1~J`it t ~ -~' ~c+~ ~ ~ ts~?` ' ~,., ;'~u~ ~ s^!~s~ i~ comer 5~;. •~°w ~y t~niaal r~uc~bi.Y t#~ct ~~y ar~we ~+~ +~ ' !~ ,~ fir' s~3._ °~s d~- :,ot ~ ~ ,r . ~ ~ ~ r,~. m, ~. ~ ~~~~ ~ i DFC -9F? 1 5 33 FPnM "! !.1 s?rE (~F ?'F'DtIF.S'TA I D SF 7 575F;2FJ3 PACE 5 w-.4 .- -- -, ,r,-.-,m ~ . ,r.mr-r?•r•; r~~~'TR t^FIf~",''r? 4 ~'T;iF'F,. Ft7~E?22~a~ ~~,.4E~"~. ~.~.,~. 4~a i+ .g..t„ ~".:'~ ... {5. y~.~',k.:,!a~ ip:, ~ ~ ~' ~~`~ ?Z~%i: "', ~ ~ ~. ~ °', ~1P t~^x a..'1 r 9~ ~Ms~1 J~"P'~ u' yyR~r.,,6'`~.~~~~.~'e:.`~:'e.t1A._.q.l. ~{~ !L'~1`~.i; 'y~.~w2~d[_.14"!""M~.E~~'" 'fAX'6 i~ {j"~7 ~. :R~..T 7re~w ~ ti :C£ '~1!!r~ i;±~ "?". t:~ ?"~r;'14~~ ~ y,9~, t; 3•t ~~ ~i±i °!'12'-'b'a ~r- ~ ~ ? ti > A ~ " 'Er•~~,. a ,~~t ~! ~~'~ T_ a, c : v? ~x r 4 r~ f~ ~. * ~',~ i~rr~t~ a r ~c°3 - :! y~yp p ~ ~ y .~ e~ ~~. S. 4"~14i~.•RW kY '~.7." .~ ~i'.', tA.E~~~.'~° ~4rsa ~r.~-~~.~.. r. X: ~~~ '~..~~'~.g~C~~'~.~"4PY ~ ~a~ S Vi .,~~ Y.:.,,. ' .`. ~ka.t% ;x, J?! .~8.7;1::i ~ „' ~:.:~ ~"~ ~4l ! '"' 'Y"~r~,r, /~• rat ,+p T 1 1x lays 1~~4 _. t • rr .r• 4 r ~a`t?•i: ti~~ 1~'w"~s~~ i~.4'~k": ~ r. W''"sJy ~)'€ ;r'~d~ 5„ ",' 6 i ~'~~ ~~~~~ a'~'~l?k 'i ~~.~ :~ `3. ~ ~i~ '~~ ~" ~. ~ i ,:~ - ,Sly v+ ,i n ~'+.5.~ 1C;"IWK . ti ~~ ~. - { e - v~15 ~.1rtY1it?` a~dtlYAr'L>~!r ~ ~, ~' ~:Y.tz° Q~e~~;~l "• ~ ~!1 er 1" ~;'^:~IY "r ~ s 1'. '~_`~.~I'd:' .'~u .'.".~ :.:+. ~." ~ 'L^F'~ ~.`.?titi ~ 1L ?': ~ik 3ing £ a.~t i,.. w: m:a ~~ ~~~~: ".'~y.S,C.'~+' ~;~.-;fit ~t~°,• `.~#.~:c~ '~ta°Z" ~~lP"' ~iIW'~:?~. x$"~, :!R'."~:1lha''~vS ~ I ( ,°~" ~bs; a I~~ ~"~fi yn4!9 ~.~.~°'~•R`!~'1°' '~'f.."Nifi 4' ~~.. d1Z".:~,..;~ 7S~'!'4 N1ff ~.'±!~6~~. ~..'~'~ ?TCl R'c~~r?r" XI!~!1~'°i!'~Y~, ~?M u1Y! ~'dA ;°~~;. ~.+~ i~I' i~~41Pi~*.~~.~}~ ~F. .3~+J~"y ~.} Rif. ~n;e~e`~;. ;# '.. . • Village of Tequesta Town Council 357 Tequesta Drive Tequesta, FL 33469 To Whom It May Concern; 1 Can't Believe tt's Yogurt 167 U.S.Highway One Tequesta, Fla. 33469 Dec 4,1998 Re: Prior Parking Problems w/ Classic Dreamcars This letter will confirm that we have had no parking problems at The Tequesta Shoppes in Tequesta for over 12 months. Mr. Bogard and his Classic Car Store have been excellent neighbor's and tenants. Sincerely; Paul Moody; ,,.-_ President ''w I Can't Believe It's Yogurt t/ •