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HomeMy WebLinkAboutMinutes_Regular_08/10/2000VILLAGE OF TEQUESTA DEPAR'I1V~:NT OF COMMLJ1VfTY DEVELOPMENT Post Office Box 3273 357 Tequesta Drive Tequesta, Florida 33469-0273 <561) 575-6220 Fax: (561) 575-6239 VII,LAGE OF TEQUESTA VII~LAGE COUNCIL MEETING 1bIINUTES AUGUST 10, 2000 • I. II. III. CALL TO ORDER AND ROLL CALL The Tequesta Village Council. held a meeting at the Village Hall, 357 Tequesta Drive, Tequesta, Florida, on Thursday, August 10, 2000. The meeting was called to order at 7:05 P.M. by Mayor Joseph N. Capretta. A roll call was taken by Betty Laur, Recording Secretary. Councilmembers present were: Mayor Joseph N. Capretta, Vice Mayor Elizabeth A. Schauer, Councilmember Basil E. Dalack, and Councilmember Sharon Walker. Also in attendance were: Acting Village Manager and Village Clerk Joann Manganiello, Village Attorney John C. Randolph, and Department Heads. Councilmember Geraldine Genco was absent from the meeting. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Dalack gave the Invocation and led those in attendance in the Pledge of Allegiance to the American Flag. APPROVAL OF AGENDA Vice Mayor Schauer requested addition under Any Other Matters of comments about Jupiter High School. Councilmember Walker requested addition under Any Other Matters of discussion of a request to the Community Appearance Board to draft a historic tree ordinance for Village Council review; to pull item VIII{B) from the Consent Agenda; to add under Any Other Matters an update on the Tequesta Post Office, and an item regarding upcoming Recycled Paper • VILLAGE COUNCIL MEETING MINUTES August 10, 2000 PAGE 2 Community Appearance Board appointments; an item regarding the Jupiter Tequesta Juno Beach Chamber of Commerce; and Lighthouse Center for the Arts parking lot. Acting Village Manager Manganiello requested addition of a new agenda item, X. Presentations; and to change Any Other Matters to XI and to change Adjournment to XII. Acting Village Manager Manganiello then requested that agenda item X be moved to immediately follow V, Consent Agenda, because there would be a status update by Bill Burckart on Tequesta Motorcars. Vice Mayor Schauer made a motion to approve the Agenda as amended. Councilmember Walker seconded the motion. The vote on the motion was: Joseph N. Capretta - for Elizabeth A. Schauer - for Basil Dalack - for . Sharon Walker - for The motion was therefore passed and adopted and the Agenda was approved as amended. IV. COM~itJNICATION FRC~I CITIZENS Betty Nagy, Shay Place, questioned how Councilmember Walker was able to put into her newsletter that special space would be available in the new Municipal Center for the residents for receptions, weddings, business and non-profit groups and organizations, for use by area schools and dance academies, and for special events sponsored by the Village when these items had not been decided at a Redevelopment Committee or other public meeting. Councilmember Walker responded that in August 1999 the Village Council had unanimously voted to approve the site plan for up to 17, 000 square feet for a cultural/civic/governmental center. Mayor Capretta commented that since that time the Village Council had discussed the difference between a Village Ha11 and a Municipal Center, and he believed Councilmember Walker had come up with the language refereed to by Mrs. Nagy, which was not in an official document, but was in her own newsletter which she put out privately and reflected • VILLAGE COUNCIL MEETING MINUTES August 10, 2000 PAGE 3 her own ideas. Mrs. Nagy commented that the newsletter gave the impression that this was a done deal. Councilmember Walker responded that the newsletter article was entitled A Vision for the Future, Tequesta 2007, and contained her ideas of what would be responsive to the community and was based on what people from the many neighborhoods in Tequesta had communicated to her. Mrs. Nagy asked whether the new Councilmembers would be able to discuss any of this, to which Mayor Capretta commented they would be able to do so before it became a fact, and that every Councilmember could write articles for the newspaper, and publish what they wanted, which was what had been done by Councilmember Walker. Richard Berube noted regarding Item 8 (B) on the Consent Agenda that there was a request from Jupiter for a Resolution to place power lines underground along II.S. Highway One. Mr. Berube reported Juno Beach had decided • not to support this since FPL probably would not take down the existing po es, and was changing their Resolution to let the State decide this issue. Mr. Berube cautioned the Village Council to be careful how the Resolution was worded since there were no studies to indicate lines would last longer underground and it was unknown how much FPL would charge and if they would make equitable distribution. Councilmember Walker stated she had pulled this item from the Consent Agenda in order to report conversations with Councilmember Henderson from Jupiter, which would address some of Mr. Berube's concerns. Mr. Berube asked Mayor Capretta for an update on the monument signs in the Tequesta Country Club. Mayor Capretta reported that TCCCA had held a meeting and the vote on the signs had been 2 to 1 to remove them, but some had spoken against doing that, and he believed they had then voted not to do anything for 30 days. Dana Anderson, President of TCCCA, explained that since he Could not get a motion for a vote, the matter had been tabled to the next meeting to give Boardmembers time to research the matter. Mayor Capretta commented that since he had asked Mr. Anderson to inform him of the decision, and since he had heard nothing, he assumed no decision had been made. Mayor Capretta commented that later in tonight's agenda there was a series of considerations for approvals about completing the work in the Country Club for water pipes, stormwater drains, and . VILLAGE COUNCIL MEETING MINUTES August 10, 2000 PAGE 4 swales, and doing electrical groundwork for lights, since the survey of the community had indicated the residents wanted streetlights. The Mayor asked Mr. Anderson to pay attention to those items and come back to the Village Council if those were was not desirable to the community, since the Village Council felt they were doing what was wanted by the residents. Jim Humpage asked about agenda item 8 (D) and the proposed increase. Acting Village Manager Manganiello explained that the increase was a water rate increase provided for in a 1997 Ordinance whereby each October 1 an automatic rate increase took .place which was based on Bureau of Labor statistics and calculated by a formula set by Ordinance for water bills on or after October 1. Mr. Humpage expressed concern that stormwater rates, possibly ad valorem rates, and now water rates were raised when the Village was supposed to have money in reserves and to be debt free. • Mayor Capretta explained that these were three separate entities, each needing funds, and these funds were separate from the money which would come from the tax revenue generated by the assessed value from new construction. Mayor Capretta explained that the Village Council had held the line on tax increases, with no increases in the past three years, and that the new facilities would be built from funds that were not obtained from tax increases. Peggy Verhoeven, Point Drive, commented that the Village Council had given three workshops to help everyone understand the .proposed facilities, and she had attended the first one, which she considered a presentation rather than a workshop. Ms. Verhoeven commented that she had resented the speaker's statement that hecklers would be escorted out by the policeman, had objected to his references to different ethnic groups, and stated that the residents did not need the history of Florida. Mayor Capretta responded that the presentation had been made at Florida State IIniversity by a professor from Harvard, that the presentation was made all over the State, that it discussed the growth of Florida and its effect on the towns in Florida, and the Village Council had thought the presentation very appropriate since the Village was • planning to spend money on new facilities and the presentation discussed Tequesta and the growth tidal wave • VILLAGE COUNCIL MEETING MINUTES August 10, 2000 PAGE 5 approaching the Village and its anticipated effect. VI. CONSENT AGENDA All items listed with an asterisk (*) are considered to be routine and will be enacted by one motion. There will be no separate discussion of these items unless a Village Councilmember so requests, in which event, the item will be removed from the Consent Agenda of Business and considered in its normal sequence on the Agenda. Mayor Capretta Schauer read aloud the following Consent Agenda items: VII. APPROVAL OF MINUTES AND REPORTS *A) Village Council Workshop Meeting, July 11, 20D0; • *B) Village Council Workshop Meeting, July 12, 2000; *C) Special Village Council Meeting, July 19, 2000; *D) Village Council Meeting, July 20, 2000; *E) Village Manager' s Report, July 17 - August 4, 2000 VIII. NEW BUSINESS *A) Resolution No. 73-99/00 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Approving a Proposal From De11 Computer Corporation of Round Rock, Texas, for a File Server Computer in the Amount of $8,235.00, and a Proposal from On-Site Computers of Tequesta, Florida, for Hardware and Configuration in the Amount of $3,000.00 With Funds Being Appropriated from the Fire Department Impact Fee Proceeds In the Amount of $11,235.00, and Authorizing the Village Manager to Execute the Applicable Contract on Behalf of the Village (Staff Recommends Approval) *D) Resolution No. 74-99/00 - A Resolution of the Village Council of the Village of Tequesta, Palm • Beach County, Florida, Approving an Annual Price Index Rate Adjustment of 1.72 for the Rates and VILLAGE COUNCIL MEETING MINUTES August 10, 2000 PAGE 6 Charges Included in Chapter 18 of the Village Code of Ordinances, Said Rate Adjustment to be Effective on all Bills Rendered on or After October 1, 2000, to be Adjusted Each Fiscal Year; Providing an Effective Date. (Staff Recommends Approval) *E) Resolution No. 75-99/00 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Approving Change Order No. 1 for Ric Man International, Inc. of Pompano Beach, Florida, Providing Services for the Tequesta Peninsula, Phase I Work Area in the amount of $61,227.40; Deleting Golf C1ub& Tequesta Circle from Scope of Work; Adding Tunneling of Water Connections to Reduce Damage to Roads; Adding Final Asphalt Lift and Thermoplastic Stop Bars Striping • Reimbursable by The Loxahatchee River District (ENCON} ; With Funds Being Appropriated from the F 1999/2000 Tequesta Peninsula Phase I Capital Project Fund and Authorizing the Acting Village Manager to Receive Funds from ENCON and Execute the Applicable Change Order No. 1 on Behalf of the Village. (Staff Recommends Approval) *F) Resolution No. 76-99/00 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Awarding a One (I} Year Contract Extension (October 1, 2000 Through September 30, 2001) for Area "An Lawn and Landscape Maintenance to Rood Landscape Co. Inc, of Tequesta, Florida in the Amount of $87,233, Subject to Funds Being Appropriated in FY 2000-2001 Budget, Having a total Proposed FY 2000-2001 Budget Allocation of $87,233 and Authorizing the Village Manager to Execute the Applicable Contract on behalf of the Village. (Staff Recommends Approval) *G) Resolution No. 76-99/00 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Awarding a One (1) Year Contract Extension (October 1, 2000 Through VILLAGE COUNCIL MEETING MINUTES August 10, 2000 PAGE 7 September 30, 2001) for Area "Bn Lawn and Landscape Maintenance to Terracon Services, Inc., of Jupiter, Florida in the Amount of $4&,233, Subject to Funds Being Appropriated in FY 2000-2001 Budget, Having a total Proposed FY 2p00-2001 Budget Allocation of $46,233 and Authorizing the Village Manager to Execute the Applicable Contract on behalf of the Village. (Staff Recommends Approval) *K) Ordinance - First Reading - An Ordinance of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Amending Chapter 1, Article II, "Occupations Generallyn, of the Village of Tequesta Code of Ordinances Section 11-27, Enumeration of License Taxes; Providing for Severability; Providing for the Repeal of Ordinances in Conflict; Providing for Codification; Providing for an Effective Date. (Staff Recommends Approval) IX. UNFINISHED BUSINESS *A) Ordinance - Second Reading - An Ordinance of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Providing for Amendments to the Village Budgets Adopted for the Fiscal Year Commencing October 1, 1999. (Staff Recommends Approval) Motion was made by Vice Mayor Schauer to approve the Consent Agenda as read. The motion was seconded by Councilmember Walker. The vote on the motion was: Joseph N. Capretta - for Elizabeth A. Schauer - for Basil Dalack - for Sharon Walker - for The motion was therefore passed and adopted. • X. PRESENTATIONS VILLAGE COUNCIL • MEETING MINUTES August 10, 2000 PAGE 8 A) Status Update on Tequesta Motorcars by William Burckart. William Burckart, Property Manager of Tequesta Motorcars property, reported that Tequesta Motorcars had just entered into a joint venture with Palm Beach Motorcars-the Jaguar, Austin- Martin, Land Rover, Lotus dealer in Palm Beach, who would be preparing the facility to go back into business. Mr. Burckart explained that this would be the first time Jaguar had ever allowed a multiple single-county point of distribution for a Jaguar dealer, and Jaguar was opening a Tequesta branch and a Boca Raton branch because this Jaguar dealer was the largest in the world. Mr. Burckart commented it was hoped to have the Tequesta facility ready to open mid-September, and they • would open with Lotus and Austin-Martin out on the standards, to follow with Jaguar when the paperwork was approved, and Land Rover to come after that. This was reported to be a full-scale facility like the one downtown, with no body work and the same high-class operation. Mr. Burckart reported a unique situation had occurred which would be great for the Village. Prelude Pictures was interested in using the facility to film a pilot for a sitcom to air in the fall, which would take a couple of days over a weekend in mid-September, and the show was anticipated to be aired on FOX TV. The idea of the sitcom would be .people working in Palm Beach who had to deal with the super wealthy and all their quirks. Mr. Burckart asked for approval from the Village Council for the filming so that the showroom improvements could be fast-tracked to have the facility ready for filming. Mr. Burckart commented one of the .producers, Kevin Kuslak, lived in Tequesta, and there had been a lot of support from the Palm Beach County Film Board. Vice Mayor Schauer asked if Babs Henderson had initiated bringing the film industry to northern Palm Beach County, to which Mr. Burckart responded that the • Village Council had been approached by the Palm Beach County Film Board approximately ten years ago VILLAGE COUNCIL • MEETING MINUTES August 10, 2000 PAGE 9 for support to make this happen, but credited Mr. Kuslak for bringing filming to Tequesta. Mr. Burckart commented that this was a very dynamic, growing industry right now within this area, which might become even bigger here because of all the problems with the screen actors guild in California. vice Mayor Schauer commented this would be a very good business for the village and the area, since it would bring in people who would use hotel and restaurant facilities. Mayor Capretta introduced Mary Hinton, former Mayor of Jupiter, who had gone into the movie business, and was planning to move back to the area. Ms. Hinton commented that Prelude Pictures had produced the films Lost in Space, Black Dog, Judicial Consent, was the third largest-production in the country, and made all the John Travolta and Tom • Cruise films. Ms. Hinton reported she had chaired the Palm Beach County Film Commission for three years previous to this year. Ms. Hinton commented there were three film and TV magnet programs in the County schools-School of the Axts, Olympic High School, and Palm Beach Gardens High School, plus one at the Community College, and a lot of interns would be hired from those programs. Ms. Hinton explained that if FOX picked up the sitcom as was expected, it would add approximately $10 to $15 million a year into the local economy, since this would be a national TV show. Ms. Hinton explained that the large tractor trailers of equipment for location shoots would not be necessary because equipment could be stored at the filming location, that the name of the sitcom would be Palm Beach Motorcars, and the show would be similar to Cheers, only with cars. Director of Community Development Scott D. Ladd reported filming could be allowed at the proposed location using a temporary event permit and that he had researched the code and found no reason why this could not be done as long as a site plan, • crowd control plan, and traffic control plan were provided so that the public safety requirements for • VILLAGE COUNCIL MEETING MINUTES August 10, 2000 PAGE 10 police and fire were met. Mr. Burckart responded that Tequesta Motorcars would be sure everything was in compliance. Councilmember Walker thanked Mr. Burckart for his diligence in working to bring such a high quality business to the Village. Ms. Verhoeven expressed her support. Village Attorney Randolph advised that this was an administrative matter for which no motion was needed. VII. DEVELOPMENT MATTERS A) Special Exception Public Hearing for 209 Tequesta Drive, to Allow for an Approximately 6,052 Square Foot Classic Car Showroom (large scale retail sales and service) in Lieu of the 3,500 Square Foot Maximaun Allowed by Code, and Site Plan Review for the Renovation and Re-Model of the Exterior of the Building Located Within the M-U, Mixed Use Zoning District of the Village of Tequesta (A Quasi- Judicial Hearing) 1) Swearing-In of Witnesses, if required Acting Village Manager Mangax~iello swore in all those wishing to speak. 2) Disclosure of Ex-Parte Communications A poll of the Village Council revealed no ex- parte communications. 3) Testimony of Witness and Cross-Examination, if Any Mayor Capretta noted this property was the old Alex Webster Restaurant property. Property owner John Zuccarelli explained that he had purchased this building to house his real estate office and another of his businesses which was sale of classic cars, now located in . Lake Park. Mr. Zuccarelli's plan was to leave the building as is, and to display the cars in • VILLAGE COUNCIL MEETING MINUTES August 10, 2000 PAGE 11 a museum setting, open to the public; however, the difference from a museum would be that all the cars would have price tags. Other items planned to be offered for sale would be automotive art work and high-end model cars. Tours would be conducted for interested parties which would explain histories of the cars. Mr Zuccarelli explained that he owned one car for each year the International Race of Champions was run during the 1950's, 1960's and early 1970's, as well as older Ferrari race cars. Mr. Zuccarelli commented that racing cars were a big thing right now, and this would be a good use for the building, and his real estate office would be right across the street from his Tequesta Village Center project. Vice Mayor Schauer received assurance from Mr. Zuccarelli that no vehicles would be • parked outside and if they came out of the building they would immediately be placed on a trailer, and that he would fix up the landscaping. Mr. Ladd commented that dead or dying .plants would be replaced, and that all other requirements had been met. Mr. Dalack questioned and received confirmation from Mr. Zuccarelli that this was a private enterprise. Councilmember Walker inquired whether the building exterior would compliment McCarthy's Restaurant and the buildings at Tequesta Village Center, to which Mr. Zuccarelli's response was affirmative. Mr. Zuccarelli explained the cars would be roped off with room to walk through and that hopefully people would walk over from Tequesta Village Center. Mr Ladd advised that this project would be coming before the Village Council for Site Plan Review. Mr. Zuccarelli responded to a question from Councilmember Walker that at this point Dreamcars was planning to stay in the new Village Center and the two operations should compliment each other. Mr. Ladd verified that the sale of other items, such as artwork, was allowed. • VILLAGE COUNCIL MEETING MINUTES August 10, 2000 PAGE 12 4) Finding of Fact Based Upon Competent, Substantial Evidence: a) Motion to Approve/Deny Special Exception Use Request Councilmember Dalack made a motion to approve the Special Exception Use Request for 209 Tequesta Drive. Councilmember Walker seconded the motion. The vote on the motion was: Joseph N. Capretta - for Elizabeth A. Schauer - for Basil Dalack - for Sharon Walker - for The motion was therefore passed and adopted. • B) Site Plan Review for an Application from Sprint PCS for a Telecommounication Tower as provided by Section X(A) (f) , Wireless Telecommainication Towers and Antennas, of the Village of Tequesta Zoning Ordinance No. 355, as amended, to allow for an approximately 156.5' (foot) tall telecommounications facility (monopole) at the Village of Tequesta Water Treatment Plant located at 901 Old Dixie Highway, within the C-2, Community Commercial District of the Village of Tequesta. Mayor Capretta explained that a similar pole was located north of the Village 3-4 miles on II.S. Highway One. The proposal from Sprint PCS was they would pay the Village for allowing them to have the tower, and had presented the proposal previously to the Village Council. The applicants had returned to report to the Village Council the work they had done Acting Village Manager Manganiello suggested deferral of this item to the September 14 meeting since if approval were granted a lease would need to be signed and it was not ready at this time, therefore, under Village code a site plan review • could not take place. Acting Village Manager Manganiello stated the petitioner had been notified • VILLAGE COUNCIL MEETING MINUTES August 10, 2000 PAGE 13 that the item would be deferred. Community Development Director Scott D. Ladd advised that the applicants wished to clarify their position. Mr. Julio Dumas, Sprint PCS representative, and Karen Roselli, attorney for the petitioner, addressed the Village Council. Mr. Dumas noted they were in active negotiations with the Village to conclude the lease and would like to move forward with the process entirely at their own risk in order to save time. Attorney Roselli explained that according to their interpretation of the Village code this was a permitted use and a lease must be entered into, but the code did not state which must happen first. Village Attorney Randolph responded that Acting Village Manager Manganiello had not been advised that representatives for the petitioner would be present at this meeting to do anything except defer, and that it was also a surprise to him. • Attorney Randolph advised he did not believe it would be appropriate to grant site plan approval until the Village Council knew they were going to lease-that they could find out what the applicant planned, but should not grant approval tonight. Mayor Capretta noted the petitioner had been supposed to come back with ideas to hide the 156' tower and he had a problem with the view of the tower from the apartments in the unincorporated area. Even though these were not Tequesta residents, Mayor Capretta felt that he must look at the situation as if they were residents. The Mayor commented that the Village would receive a minimum of approximately $25,000 annually from the tower, which could increase. Mayor Capretta explained that he wanted to see if the other members of the Village Council supported the concept. Vice Mayor Schauer asked if the Village code allowed a 156' tower, to which Mr. Ladd responded there was no height limit, and that this tower would be equivalent to a 15-story building. No height limit had been set because at the time the Ordinance was passed it was believed technology would be reducing the size of towers. Mr. Ladd advised that the • Village Council had the option of telling the applicant to reduce the tower height. Discussion • VILLAGE COUNCIL MEETING MINUTES August 10, 2000 PAGE 14 ensued regarding tower heights and visual impacts. Mr. Dumas explained that another site which was considered had failed Sprint's tests and therefore was not an appropriate site. Councilmember Walker stated she did not like the proposal. A member of the audience questioned whether there were any studies regarding health risks from microwaves. Mayor Capretta commented he wished to find out if the other members of the Village Council felt as he did, that the Village did not need the money that badly. Attorney Randolph advised that in order to provide a sense of direction the Village Council could vote on whether to lease the property. Vice Mayor Schauer made a motion not to lease the property at 901 Old Dixie Highway. Councilmember Walker seconded the motion. During discussion of the motion, Councilmember Dalack commented that if • there was a possibility of the Village being liable, he would not support the project. Mayor Capretta commented he did not need the money that bad. Village Attorney Randolph advised that the applicant had the right to come back with another location. The vote on the. motion was: Joseph N. Capretta - for Elizabeth A. Schauer - for Basil Dalack - for Sharon Walker - for The motion was therefore passed and adopted. Jim Humpage stated he applauded the Village Council for this decision, and wondered if the Village would have recourse to fight a tower if it was approved for that area by the County. Village Attorney Randolph advised he did not think the Village could fight it, but that an individual could go forward with a lawsuit. C. Consideration of a combination of the Preliminary • and Final Plat Procedures for the proposed creation of the Yacht Club Place Subdivision, a re-platting . VILLAGE COUNCIL MEETING MINUTES August 10, 2000 PAGE 15 of a Tequesta Country Club Plat to subdivide a 2.5 acre lot into a three acre subdivision, within the R-lA, Single Family Dwelling District of the Village of Tequesta. James Burg, as agent. Mayor Capretta advised that this property was the old Perry Como house for which preliminary approval had been granted and the applicant has now returned with more details. James Burg, agent, reported revised documents had been submitted, that the road width had been increased to 20' for the entire length, and that the applicant had met with the Tequesta Country Club Community Association and received their approval. Mr. Berg explained that a homeowners association consisting of the three lot owners of this parcel would be formed to maintain the road, and maintenance requirements would be incorporated into the covenants. Mr. Burg reported • he had conferred with Village Attorney Randolph regarding this matter and requested the ability to do this without coming back before the Village Council. Village Attorney Randolph advised the Village would be better protected by placing the maintenance requirements in the covenants, and that the Village's agreement needed to be with the new owners rather than the current owner. Vice Mayor Schauer made a motion to approve a combination of the Preliminary and Final Plat Procedures for the proposed creation of the Yacht Club Place Subdivision, a re-platting of a Tequesta Country Club Plat to subdivide a 2.5 acre lot into a three acre subdivision, within the R-lA, Single Family Dwelling District of the Village of Tequesta Motion was seconded by Vice Mayor Schauer. Councilmember Dalack stated he was opposed to any increase in density. The vote on the motion was: Joseph N. Capretta - for Elizabeth A. Schauer - for Basil Dalack - against • Sharon Walker - for • VILLAGE COUNCIL MEETING MINUTES August 10, 2000 PAGE 16 The nation was therefore passed and adopted. Director of Community Development Scott D. Ladd requested and received clarification from the Village Attorney that the documents would be revised subject to this approval rather than having the applicant re-appear before the Village Council. VIII. NEW BUSINESS A) Resolution No. 67-99j00 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Adopting the June 2000 Emergency Management Plan for the Villaqe of Tequesta, Providing for the Continuity of Government, Establishing Responsibilities for the Various Departments, and Establishing Operational • Policies When Dealing with Disasters. (Staff Recommends Approval) Mayor Capretta read Resolution No. 67-99/00. Acting Village Manager Manganiello explained that at the last meeting Councilmember Genco had requested this item be tabled to allow her more time to read through the document, and she had asked that Chief Weinand give a brief overview tonight. Acting Village Manager Manganiello reported that Councilmember Genco was very pleased with the plan and wanted to thank Chief Weinand for his work on this project. Chief Weinand explained this was the first phase of the emergency plan, which encompassed four modules, and the entire plan would probably consist of up to twelve modules over the next two years. The first module was a comprehensive emergency management plan, the second module was a hurricane plan, the third module was an evacuation route plan, and the fourth module was a slosh model. Vice Mayor Schauer reported that Palm Beach County was asking on television for . volunteers from Homeowners Associations to be trained to help with emergencies until the County VILLAGE COUNCIL MEETING MINUTES August 10, 2000 PAGE 17 personnel could get there and wanted to know if that would be appropriate for the Village. Chief Weinand responded that the Village should promote evacuation. Councilmember Walker requested a notice in the next issue of Smoke Signals that these documents were available to the residents. Joe Hall, 159 Country Club Drive, expressed surprise that the primary objective was to promote evacuation when Palm Beach County was indicating evacuation could be worse than staying. Chief Weinand explained the County was referring to areas not in a flood zone. The State was also promoting no evacuations. Vice Mayor Schauer made a nwtion to approve Resolution 67-99/00. Councilmember Walker seconded the motion. The vote on the motion was: Joseph N. Capretta - for Elizabeth A. Schauer - for Basil Dalack - for Sharon Walker - for The motion was therefore passed and adopted. B) Resolution No. 72-99/00 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Opposing the Installation of Transmission Lines by Florid Power & Light Company on U.S. Highway One between the Town of Juno Beach and the Town of Jupiter; Directing the Village Clerk to Furnish Certified Copies of this Resolution to Municipalities that were Subjects of a U.S. Highway One Corridor Study by the Treasure Coast Regional Planning Council; and Providing for an Effective Date. (Staff Recommends Approval) Resolution No. 72-99/00 was pulled from the Consent Agenda by Councilmember Walker, who reported a conversation with Councilmember Henderson of Jupiter approximately 10 days to two weeks ago. . vlzzAGE covNClz MEETING MINUTES August 10, 2000 PAGE 18 Councilmember Walker explained that this was originally a collaborative effort between Jupiter and Juno Beach due to FPL simply showing up one day and installing monopoles. Councilmember Walker commented that the overriding idea behind this Resolution was to have all seven municipalities that were a part of the Treasure Coast Regional Commission sign the document, send it to FPL and to Florida League of Cities with a request to be placed on their agenda for the next Legislative Session and ultimately wind up as a part of the Public Service Commission Regulations for the State of Florida. Mrs. Walker explained that the Public Service Commission regulates what utilities can and cannot do, as well as their rates, and by this Resolution the Village would protect itself as well as the other. communities. Vice Mayor Schauer noted this was one of the issues before the Council of • Governments, for which she was a representative for the Village. The Vice Mayor explained that she had written to Mr. Pimental to request discussion of this item on their next agenda. Councilmember Dalack commented that Mr. Berube had reported Juno Beach had concluded that FPL would not remove the poles. Mr. Berube indicated he had learned Juno Beach's decision and was merely informing the Village Council and requesting them to be cautious. Discussion ensued. Mayor Capretta expressed his opinion that the Village should do anything to resist the idea. Councilmember Dalack expressed concern that any action might be premature based on comments by Mr. Berube. Acting Village Manager Manganiello explained that the proposed Resolution was a model Resolution forwarded to the Village by the Village of North Palm Beach; It was her understanding. that both the Village of North Palm Beach and the Town of Jupiter adopted the Resolution. The Town of Juno Beach had not taken the Resolution under consideration until the previous evening, and Mr. Berube had reported they had changed the language. Acting Village Manager Manganiello reported it was her understanding that the Resolution was sent to the seven cities which were part of the Treasure Coast Regional Planning • VILLAGE COUNCIL MEETING MINUTES August 10, 2000 PAGE 19 Agency and the cities were hoping this could be taken to the Florida League of Cities so that they could lobby the Legislature on behalf of the cities. Acting Village Manager Manganiello indicated there was no pressing need to adopt this Resolution at tonight's meeting. Councilmember Dalack expressed his opinion it would be conducive to good relations with the other municipalities to adopt the same Resolution they had adopted. Vice Mayor Schauer expressed her opinion that this Resolution could be passed and since she was a voting delegate to the Florida League of Cities she could get them to address this issue. Councilmember Walker made a motion to approve Resolution 72-99/00. Vice Mayor Schauer seconded the motion. Village Attorney Randolph read Resolution 72-99/00. The vote on the motion was: • Joseph N. Capretta - for Elizabeth A. Schauer - for Basil Dalack - for Sharon Walker - for The motion was therefore passed and adopted. H) Resolution No. 78-99/00 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Awarding a Change Order for Seabrook Road Street Light Conduit Installation to Ric-Man International, Inc., of Pompano Beach, Florida in the Amount of $16,508.75 Subject to Funds Being Appropriated in FY 2000-2001 Budget, Having a Total Proposed FY 2000-2001 Budget Allocation of $20,600 and Authorizing the Acting Village Manager to Execute the Applicable Contractual Change Order on Behalf of the Village. (Staff Recommends Approval) Mayor Capretta read Resolution No. 78-99/00. Acting Village Manager Manganiello explained that the Tequesta Pines Homeowners Association • vILI~-GE covNClz MEETING MINUTES August 10, 2000 PAGE 20 approached the Village because vandals were destroying the lights and asked that the Village consider installing streetlights and maintaining them along Seabrook Road. Acting Village Manager Manganiello explained FPL would provide the Village the conduit and junction boxes. Vice Mayor Schauer questioned whether the lighting was the same as in Tequesta Oaks, which was verified. Public Works and Recreation Director Gary Preston clarified that in the residential areas this lighting would be the standard, but in commercial areas there would be a different light. Mayor Capretta explained that this light was one that FPL gave the Village, which was why it had been chosen as the residential standard. The amount of lights would be tripled, so that the dark areas would be eliminated. Mayor Capretta noted that the next two Resolutions were to approve this light in other residential areas. • Vice Mayor Schauer made a motion to approve Resolution 78-99/00. Councilmember Walker seconded the motion. The vote on the motion was: Josegh N. Capretta - for Elizabeth A. Schauer - for Basil Dalack - for Sharon Walker - for The nation was therefore passed and adopted. Councilmember Walker requested a notice be placed in the next issue of Smoke Signals that the Village Council had approved this Resolution consistent with their plan to light all primary roads in the Village. In response to a question from Jim Humpage, Mayor Capretta explained that the conduit was being laid along with the sewer project, and Mr. Preston explained that about three months after the conduit was in, FPL would provide the lights. I) Resolution No. 79-99/00 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Awarding a Change Order for VILLAGE COUNCIL MEETING MINUTES August 10, 2000 PAGE 21 Country Club Drive Street Light Conduit Installation to Ric-Man International, Inc., of Pompano Beach, Florida in the Amount of $64,693.50, Subject to Funds Being Appropriated in FY 2000-2001 Budget, Having a Total Proposed FY 2000-2001 Budget Allocation of $81,076 and Authorizing the Acting Village Manager to Execute the Applicable Contractual Change Order on Behalf of the Village. (Staff Recommends Approval) Mayor Capretta read Resolution 79-99/00. Acting Village Manager Manganiello explained that staff recommended approval of Resolutions H, I, and J from a financial aspect and that Tom Jensen, Engineering Consultant, was present to answer any questions, and had calculated the cost savings to lay the conduit now while the roads were torn up would be between .25~ and 30$ for the Tequesta Country Club Drive and Country Club Interior. It was not known whether Tequesta Country Club Community Association and residents wanted the streetlights. provided, but the Village had the option of laying the PVC pipe with FPL providing the conduit and junction boxes. The cost to lay the conduit in the Country Club Interior would be $18,500 and the cost for Country Club Drive was $7,500. Acting Village Manager Manganiello advised these three projects were based on money allocated in the next Fiscal Year, and suggested a not to exceed figure of $25,000 for this Fiscal Year budget would allow Ric-Man to proceed, and the rest could be paid at the beginning of the next fiscal year. Mayor Capretta commented this seemed the only sensible thing to do. Ed Resnik inquired whether there would be lighting in the 300 block of Country Club Drive, to which the response was affirmative. Mayor Capretta commented there was a rumor that a resident could pay $400 and get a light in front of their house, which was not true. Vice Mayor Schauer made a motion to approve Resolution 79-99/00. Councilmember Walker seconded VILLAGE COUNCIL MEETING MINUTES August 10, 2000 PAGE 22 the motion. The vote on the motion was: Joseph N. Capretta - for Elizabeth A. Schauer - for Basil Dalack - for Sharon Walker - for The motion was therefore passed and adopted. r1 LJ J) Resolution No. 80-99/00 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Awarding a Change Order for Country Club Interior Area (Phase I) Street Light Conduit Installation to Ric-Man International, Inc. , of Pompano Beach, Florida in the Amount of $123,920, Subject to Funds Being Appropriated in FY 2000-2001 Budget, Having a Total Proposed FY 2000- 2001 Budget Allocation of $160,550 and Authorizing the Acting Village Manager to Execute the Applicable Contractual Change Order on Behalf of the Village. (Staff Recommends Approval) Mayor Capretta read Resolution No. 80-99/00. Councilmember Walker expressed concern because this was not on a major street but in a neighborhood and would set a precedent, and questioned whether a neighborhood would have the right to say they did not want streetlights installed after the Village had spent money to have conduit installed. Mayor Capretta responded he believed there should be minimum lighting all over town. Mrs. Walker stated she was the only person in the Country Club in the past 4-5 years who had requested a streetlight. Vice Mayor Schauer commented that eventually all the Village would be lighted. Vice Mayor Schauer made a ..motion to approve Resolution 80-99/00. Councilmember Walker seconded the motion. The vote on the motion was: Joseph N. Capretta - for • VILLP,GE COUNCIL MEETING MINUTES August 10, 2000 PAGE 23 Elizabeth A. Schauer - for Basil Dalack - for Sharon Walker - for The motion was therefore passed and adopted. Acting Village Manager Manganiello requested a motion to give Ric-Man a Notice to Proceed with the conduit work as soon as they were on site until the end of this Fiscal Year for a not to exceed budget figure of $25, 000 which will be paid out of this year's budget. Vice Mayor Schauer made a nation to give Ric-Man a Notice to Proceed with the conduit work as soon as they were on site until the end of this Fiscal Year for a not to exceed budget figure of $25,000 which will be paid out of this year's budget. • Councilmember Walker seconded the motion. The vote on the motion was: Joseph N. Capretta - for Elizabeth A. Schauer - for Basil Dalack - for Sharon Walker - for The motion was therefore passed and adopted. L) Consideration of Approval of the Acting Village Manager's Proposed Appointment of Allan Owens as Tequesta Finance Director Pursuant to Section 3.02(7) of the Village Charter. Mayor Capretta reported Mr. Owens had been chosen from several very qualified candidates and this motion would authorize the Acting Village Manager to make him an employment offer. Vice Mayor Schauer made a motion to approve the Acting Village Manager's Proposed Appointment of Allan Owens as Tequesta Finance Director Pursuant to Section 3.02(7) of the Village Charter. Councilmember Walker seconded the motion. The vote • VILLAGE COUNCIL MEETING MINUTES Auqust 10, 2000 PAGE 24 on the motion was: Joseph N. Capretta Elizabeth A. Schauer Basil Dalack Sharon Walker - for - for - for - for The motion was therefore passed and adopted. M) New Municipal Facilities 1. Reconfirmation of the May 1, 2000 Redevelopment Committee Meeting Motions and Reconmendations to the Full Village Council, as follows: • Adoption of Plan A - Unitary Building for • Fore and Police • Building a Village Hall (Municipal Center) in Tequesta Village Center and to proceed with public workshop forums to disseminate information. Acting. Village Manager Manganiello read a letter into the record from Councilmember Genco which was not in favor of temporarily moving staff while new quarters were constructed and proposed construction of a new building next to the existing Village Hall, a copy of which has been attached to and made a part of these minutes as "Exhibit A". Acting Village Manager Manganiello explained that Councilmember Genco had asked at the last Village Council meeting to bring back to the Village Council for clarification the recommendations of the Redevelopment Committee made at the May 1, 2000. Ms. Manganiello referred to page 1 of the May 1, 2000 meeting agenda which clearly stated under Review of . Tequesta Facility Needs (A) Conceptual Site Plans and Cost Estimates as of 8/5/99 for: 1) . VILLAGE COUNCIL MEETING MINUTES Auqust 10, 2000 PAGE 25 Plan A - IInitary Building for Fire and Police. Page 7 of the minutes of that meeting in the first sentence of the second paragraph stated: Plan A was described by Acting Village Manager Manganiello as a unitary building for both Fire and Police. Acting Village Manager Manganiello read the following excerpt from page 13 of the minutes: Chair Capretta questioned whether the decision of the Committee was to build a municipal center downtown. Both Co-Chair Dalack and Co-Chair Walker responded affirmatively. Chair Capretta commented that two downtown locations, one on Bridge Road and one on Tequesta Drive, with the layout for each, should be presented to the public. Co-Chair Dalack made a motion to recommend to the full Village Council adoption of Plan A. Co-Chair • Walker seconded the motion. The vote on the motion was: Joseph Capretta - for; Basil E. Dalack - for; Sharon Walker - for. The motion was therefore passed and adopted. Acting Village Manager Manganiello read the following motion from page 14 of the minutes: Co-Chair Walker made a motion to recommend building a Village Ha11 in Tequesta Village Center and to proceed with public workshop forums to disseminate information. Co-Chair Dalack seconded the motion. The vote on the motion was: Joseph Capretta - for; Basil E. Dalack - for; Sharon Walker - for. The motion was therefore passed and adopted. Acting Village Manager Manganiello also read from page 14 of the meeting minutes the following excerpt: It was clarified that the preference poll would offer a choice of two possible parcels for the new Village Hall: parcel one on the southwest corner on Bridge Road or parcel two on the northwest corner on Tequesta Drive. Acting Village Manager Manganiello asked if everyone was clear on the motions and VILLAGE COUNCIL MEETING MINUTES August 10, 2000 PAGE 26 recommendations of the Redevelopment Committee on May 1, 2000. Councilmember Walker made a motion that the Village Council understood the recommendations and the motions of the May 1, 2000 Redevelopmrent Committee meeting. Vice Mayor Schauer seconded the motion. during discussion of the motion, Councilmember Dalack stated that his motion on page 13 of the May 1 meeting minutes was to have a public safety complex on the present site, and nothing was said about a temporary move. The first time Mr. Dalack recalled any discussion of a temporary move for Police and Fire was at the last Village Council meeting, so he could not understand how it could be said the whole • Council understood. Councilmember Dalack commented the details were not discussed at the Redevelopment Committee or at the Village Council meeting. Councilmember Dalack expressed his opinion it was up to the Village Council as to determine the method of accomplishing the planning, whether as Councilmember Oenco suggested, or as others proposed, Mr. Cook and Mr. Humrpage, that there not be any move away from this location of the Police and the Fire Departments-that construction of the unitary Public Safety complex be done while they were occupying their present quarters. Mr. Dalack expressed his opinion it was premature to say the Council understood when there were still so many details to be worked out. Councilmember Dalack recommended working out the details in another workshop of the Redevelopment Committee, with input from staff as to the best way of implementing Plan A. Mr. Dalack stated he had not spoken to either Chief Allison or Chief Weinand, but if he were in • their positions would not want- to be temporarily moved. Vice Mayor Schauer • VILLAGE COUNCIL MEETING MINUTES August 10, 2000 PAGE 27 commented she had not been at the meeting but had read the minutes that he had made a motion to approve a new Public Safety facility on this site, and stated the building had to come down in order to construct the new building. Councilmember Walker expressed concern that Councilmember Dalack did not realize the original footprint, and explained that each member's agenda package for this meeting had contained three packets of materials, each of which contained a diagram showing building locations on sites. Mr. Dalack said there was nothing in any packet that said anything about moving. Councilmember Walker responded that the diagrams clearly showed the public facilities. Mr. Dalack stated there was no clear understanding of what was being adopted at that time. Councilm~er Walker stated that she had had that clear understanding. Mayor Capretta commented it was pretty clear the rest of the Council understood the move, and that he had kept using the expression boom!" to indicate an explosion and when that happened a move must take place. Mayor Capretta commented if he asked Acting Village Manager Manganiello whether the Village had a detailed plan prepared by Chief Allison and Chief Weinand as to where and when they were going to move and how they were going to move back, and approved by them, she would answer yes. Mr. Dalack asked if that plan had been done before the May 1 Redevelopment Committee meeting. Acting Village Manager Manqaniello responded no, that staff had not known it would be needed until the Committee approved the plan. Mayor Capretta stated it was implied they had to move so since that time the two Chiefs had worked out and approved detailed plans . Mayor Capretta co:ritmented that after that meeting, Jim Humpage had gone to • see every member of the Village Council with his own plan, which was what Councilmember • VILLAGE COUNCIL MEETING MINUTES August 10, 2000 PAGE 28 Genco had quoted, which suggested building a building next door and leaving the current building until the new one was finished. Councilmember Dalack commented that was also Ms. Genco's plan at the May 1 meeting when she had been present in the audience, as referenced in the May 1 minutes on page 10. Councilmember Walker pointed out on page 11 of the May 1 meeting minutes, second paragraph, third sentence: Ms. Genco inquired as to the cost for moving and relocating, to which Acting Village Manager Manganiello responded that those costs had been considered and had originally .been built in. Acting Pillage Manager Manganiello explained that staff was looking for a recommendation to the Village Council, and that any further progress or changes that staff was directed to make would come bacJc to this Committee to consider for a recommendation to the full Village Council. Co-Chair Wa]Jcer noted moving the Public Safety facility east could impact Blair House, and Ms. Manganiello recalled that had been a consideration for keeping the building to the west. Councilmember Walker commented to Councilmenber Dalack that the move had been considered. Mayor Capretta commented Ms. Genco had only inquired about the cost, but that later Mr. Rampage had worked out a plan in great detail and had gone to see everybody and suggested the possibility of saving some money and avoiding a double move. Mayor Capretta explained that after considering Mr. Rampage's plan he had decided he did not want to change his m~i.nd and favored moving the staff out because he did not ever want to build on the east side of this building because of the impacts to the adjacent residents. The Mayor commented that at that meeting Ms. Genco had inquired whether the costs had been considered, and the response had been yes. The Mayor explained he still • VILLAGE COUNCIL MEETING MINUTES August 10, 2000 PAGE 2 9 had favored the original plan and the only question he had was whether the municipal facility should be on Bridge Road or on Tequesta Drive, and then the public information meetings had been held at which the majority of residents favored the Tequesta Drive location. Mayor Capretta noted there were some residents who did not agree with the plan, but that was how it stood at the moment, and this motion was simply to reconfirm how things stood, and he was sorry that apparently Councilmemd~er Dalack did not understand what he had been voting for. Councilmember quoted from page 11 of the May 1 meeting minutes: Co-Chair Dalack commented Plan C had been eliminated, and that the entire Yillag+e Council should decide details. And another • quote from page 11: Ms. Genco stated she was in favor of the Committee malting a recommendation to the YiZZage Council on the Police and Fire facility, but she was not in favor of this Committee making any recommendation on the Yillage Hall until more information had Keen provided publicly. Councilmember Dalack stated his motion had not been a detailed motion, but was a general motion to have the public safety facilities at 357 Tequesta Drive, and when Mr. Rampage, pursuant to Ms. Genco's suggestion, came up with a proposal to save $120,000, Mr. Dalack felt it would behoove the Vi~.lage Council to save money and not have staff moved twice. Mayor Capretta commented he hid not mentioned Mrs. Nagy, who had called Councilm~er Dalack about getting the money back from the downtown .site. Mr. Dalack commented that would be discussed relative to the second part, not to Plan A. Councilmember Dalack commented he felt input should be received from the residents regarding Plan A. Councilmember . Walker stated she did not believe that this was the appropriate time since the discussion • VILLAGE COUNCIL MEETING MINUTES August 10, 2000 PAGE 30 was whether this Council understood what they were voting on. Mr. Dalack responded that the Council did not vote to locate the administrative offices at JMZ Tequesta Properties facilities; and the August 12, 1999 meeting mentioned had been mentioned by Councilmember Walker and had been mentioned at all three public information meetings that there had been unanimous approval of the site plan for municipal facilities at Tequesta Plaza. Councilmember Dalack commented what had been voted on was the proposal of JMZ Tequesta Properties, Inc. as to what should be there. Mr. Dalack stated the Village Council did not approve the construction of municipal facilities at Tequesta Plaza in the August 12, 1999 meeting, but approved a site plan • su~nitted by JMZ Tequesta Properties, Inc. Acting Village Manager Mangar~iello stated to Councilmember Dalack that he was absolutely right, but that she wanted to point out to him now that he had brought it up, that it had been approval of the site plan and was also approval of uses of the certain buildings that were going to be part of the municipal center, which was the next item. Acting Village Manager Manganiello pointed out that what the Village Council specifically approved had been Building C, which was the Village's parcel and the Village's building within the master site plan for Tequesta Village Center which was a 2-story civic/cultural/public/ governmental/retail/office building of up to 17,000 total square feet, which was the approved square foot total usage for the building the Village had anticipated building at Tequesta Village Center. Subsequent to that, the Village Council had made a decision to indeed build the Municipal Center on that site, which was where things stood to date. • Councilmember Dalack commented that on August 12, 1999 the Village Council approved the site VILLAGE COUNCIL MEETING MINUTES August 10, 2000 PAGE 31 plan submitted by JMZ Tequesta Properties for whatever they wanted to build, and there was no way they could have submitted a site plan for the Village. Councilme~er stated the Village Council did not vote on locating any Village facility at Tequesta Plaza. Acting Village Manager Manganiello explained that at the August 12, 1999 meeting the Village was also an applicant during the master site plan approval, since they owned a parcel on that property as well as a road right-of-way and building. Ms. Manganiello referred to page two of the agenda for the August 12, 1999 Village Council meeting, item VIII-D~ev+elopment Matters: Special Exception Use Public Hearing and Site Plan Review for Tequesta Village Center - a Planned Mixed Use Dev+slopment • Application within the Mixed Use Zoning District, 190 - 222 Tequesta Drivre, Currently Known as Tequesta Plaza, for approval of the Master Site Plan and Construction of Building A of said Master Site Plan. George G. Gentile and Associates, Agent for JMZ Tequesta Properties, Inc., and Thomas G. Bradford agent for Village of Tequesta, Applicants. Ms. Manganiello state that therefore the Village was an applicant in the master site plan in regard to Building C the exception use and the master site plan approval. Councilmember Dalack stated that was for JMZ Tequesta Properties and there was nothing in the site plan that said the Village wanted to build anything there. Acting Village Manager Manqaniello responded that there was. Counciln~nber Dalack quoted from page 11 of the minutes of the August 12, 1999 Village Council meeting: Counci3.m~aber DaZack requested information regarding the Village's financial obligations for the JMZ Tequesta Project to which Yillagre Manager Bradford responded the Village had no financial obligation in regard to Building A, but did • VILLAGE COUNCIL MEETING MINUTES August 10, 2000 PAGE 32 for the public roadway and for Bridge Road i.mprov~ements which are intended to be assessments, and if the Village should ever decide to construct Building C they would also be obligated for that structure. The Village is also required to demolish the existing building the cost of which was estimated at $100,000. And from page 13: Councilmember Dalack expressed concern about costs and asked for clarification regarding what the Village owned. Village Manager Bradford responded the Village owned Building C and the land around it as wall as all of main street. Village Manager Bradford explained approval of this project would obligate the Village for $100,000 for Main Street plus demolition of the existing building at a cost of $100,000. • Councilmember Dalack stated there was nothing in that meeting that said the Village was going to build any Village facility in Tequesta Plaza. Mr. Dalack stated he had no obligation to any developer coming in to enhance their financial position or any spillover that would benefit the Village. Mr. Dalack explained that he was opposed even before joining the Village Council to a subsidy. Councilmember Dalack stated he would vote for Ralph Nader if he was able to get on a Florida ballot because he was opposed to corporate welfare. Councilmember Dalack stated the Village had done enough corporate welfare and had paid mere for the land at Tequesta Plaza than the owners had paid for the whole Plaza. Mr. Dalack commented the three presentations made last week envisioned expenditure of another 3/4 million dollars, and the Village would be building the project for JMZ Tequesta Properties, Inc. Councilmennber Dalack commented it was because • of Mrs. Nagy's observation to him that he realized the Village could get back $477,000 if the Village did not build anything at the VILLAGE COUNCIL MEETING MINUTES August 10, 2000 PAGE 33 Plaza. Mr. Dalack stated the approval on August 11, 1999 did not obligate the Village to build any Village structure in Tequesta Plaza and the vote that was done could not be interpreted as a vote to build anything at Tequesta Plaza. Mayor Capretta commented that although Mr. Dalack believed that today, at the time of the vote he had been the one who made the proposal to put the Municipal Center there and he had come to that conclusion when he said we would tear down this building and build a public safety facility here that it was obvious we must build a municipal center downtown, than after that he talked to Mrs. Nagy and others and changed his mind. Mayor Capretta commented that unfortunately, he had not known Mr. Dalack was not aware of data • that everybody, including Mrs. Nagy, knew: that the deal with JMZ always had that feature in it. Mayor Capretta commented that Jupiter was putting millions in with developers to build Riverwalk and all sorts of projects. The Mayor reminded CouncilmemUer Dalack that the Village Council had made all kinds of efforts to get rid of the blight downtown, and ever since he had been on the Council he had heard people say they wanted that shopping center torn down and did not like the idea of it becoming a slum. Mayor Capretta explained that the Village Council had tried to condemn it two ar three times and had tried to buy it two or three times, and finally found a developer who was willing to forgo the $600,000 annual rental income he could have received by putting a coat of paint on the building and renting the building. He had not received much income to date and would not receive much for several more years but had the potential with an investment of approximately $10 million more of then getting the income he could have received all along. Mayor Capretta commented if a 10-year cash • VILLAGE COUNCIL MEETING MTNUTE3 August 10, 2000 PAGE 34 flow analysis was done for Mr. Zuccarelli, he was not sure it would show Mr. Zuccarelli had made out on the deal, and he had just bought the Alex Webster property to have a place for his businesses. Mayor Capretta noted that the deal with Mr. Zuccarelli would get rid of the blight and he favored placing the Municipal Center on that property because it would increase the odds of the whole downtown development to the level he wanted to see, and if the Village did not participate in it, it was unlikely it would become what the Village wanted. Mayor Capretta clarified that this agenda item was a reconfirmation vote of what the Village Council had already done, and called for a vote. Councilmember Dalack stated JMZ Tequesta Properties got the whole • plaza free, and he was opposed to spending another $2-1/2 million to benefit JMZ Tequesta Properties, Inc. Councilmen~ber Dalack stated if JMZ Tequesta Properties wants to do construction pursuant to the site plan. the Village Council approved for JMZ Tequesta Properties, that was great, and they would be entitled to whatever profits they could make, but the Village should not subsidize them; that after buying the whole thing for JMZ Tequesta Properties the Village ought not build Tequesta Plaza for JMZ Tequesta Properties, and his vote was no. The vote on the motion was: Joseph N. Capretta - for Elizabeth A. Schauer - for Basil Dalack - against Sharon Walker - for The motion was therefore passed and adopted. Village Attorney Randolph requested and • received clarification of the motion, stating that he understood the motion was to reconfirm • VILLAGE COUNCIL MEETING MINUTES August 10, 2000 PAGE 35 the actions as specified in the bullets on the agenda, that is the adoption of Plan A - a unitary building for Fire and Police and building a Village Hall (Municipal Center} in Tequesta Village Center and to proceed with public workshop forums to disseminate information. 2. Reconfirmation of approval of the construction of a 2-story civic/cultural/public government building of 17,000 total square feet for Building "C", Parcel 1, per the Tequesta Village Center Master Site Plan, unanimously adopted by the Village Council on August 12, 1999. Acting Village Manager Manganiello commented she had just explained this item; however, • there had been controversy over the total amount of square feet. Councilmember Walker made a motion to reconfirm the construction of a 2-story civic/cultural/public government building of 17,000 total square feet for Building "C", Parcel 1, per the Tequesta Village Center Master Site Plan, unanimously adopted by the Village Council on August 12, 1999. Vice Mayor Schauer seconded the motion. Councilmember Dalack stated that was not what was approved on August 12, 1999. The vote on the motion was: Joseph N. Capretta - for Elizabeth A. Schauer - for Basil Dalack - against Sharon Walker - for The motion was therefore passed and adopted. 3. Clarification of construction of up to 17,000 . total square feet for the new Municipal Center. • VILLAGE COUNCIL MEETING MINUTES August 10, 2000 PAGE 36 Councilmember Walker made a motion to clarify construction of up to 17,000 total square feet for the new Municipal Center. Vice Mayor Schauer seconded the motion. Councilmember Dalack stated that was not approved before and he was against it. Joseph N. Capretta - for Elizabeth A. Schauer - for Basil Dalack - against Sharon Walker - for The motion was therefore passed and adopted. Mayor Capretta indicated he was tired of people stalling and trying to make changes to muddy the waters, and he was determined to see a new facility built for the Police and Fire Departments. Councilmember Dalack responded he was absolutely in favor of new Public Safety facilities, but he was opposed to paying more than necessary. Councilmember Dalack stated he resented the implication that he was a barrier to construction of a Public Safety facility since he was for it and so were the residents who came here to request it not be done in a way that was more expensive than it ought to be. Mayor Capretta indicated he was tired of delays. An argument ensued between Mr. Berube and Mayor Capretta. N) Municipal Facilities Public Information Meetings 1. Consideration of location of the New Municipal Center in the Tequesta Village Center, either: • Bridge Road (southwest parcel) Or • Tequesta Drive (northwest parcel) Acting Village Manager Manganiello explained that residents were asked to express their preference for one of the sites at each of the • VILLAGE COUNCIL MEETING MINUTES August 10, 2000 PAGE 37 :7 three public information meetings held August 3, August 5, and August 8. The preferences were sought with the understanding that they would be considered by the Village Council prior to making a final decision for the site. Councilmember Walker stated she had tallied the votes at each meeting, which came to a total of 20 in favor of the Bridge Road site, and 73 in favor of the Tequesta Drive site. Vice Mayor Schauer made a motion to select the Tequesta Drive (northwest parcel) for the location of the new Municipal Center in the Tequesta Village Center. Councilmember Walker seconded the motion. During discussion of the motion, Robert Cook, 17 Bay Harbor, commented there was a petition being circulated for a referendum vote to amend the Village Charter to require all Village facilities to be located at 357 Tequesta Drive. Mr. Cook stated if the Tequesta Drive parcel was selected, additional money had to be paid for that parcel, which could create a problem for the Village if the referendum passed. Mr. Cook recommended waiting to see if a referendum was submitted, and commented that the Village should not contractually obligate itself until they knew what would happen. Jim Humpage commented it was not his desire to create havoc, but that as a citizen he was entitled to his opinion. Mr. Rampage stated he was in fervor of a referendum vote and was disappointed the Council had not allowed the citizens to do that, and commented that he had asked the Council in March to let the citizens vote and he would support whatever the vote determined. Councilm~ember Dalack stated since no one in the Village was given a chance to determine where the Administrative offices would be located except the Village Council, he would vote no. The vote on the motion was: • VILLAGE COUNCIL MEETING MINUTES August 10, 2000 PAGE 38 Joseph N. Capretta - for Elizabeth A. Schauer - for Basil Dalack - against Sharon Walker - for The motion was therefore passed and adopted. 2. Approval of authorization for the Acting Village Manager to commence process with JMZ Tequesta Properties, Inc relative to the Swap of Parcel No. 1 (southwest parcel, Bridge Road, owned by the Village of Tequesta) and Parcel No. 2 (northwest parcel, Tequesta Drive, owned by JMZ) in the Tequesta Village Center in accordance with Section 9. - Swan of Parcel No. 1 and Parcel No. 2 of the Agreement Between the Village of Tequesta and JMZ • Tequesta Properties, Inc. (if the Tequesta Drive location is chosen by the Village Council) Acting Village Manager Manganiello commented since the Tequesta Drive parcel had been chosen as the site for the new Municipal Center, she was requesting authorization as Acting Village Manager to commence process with JMZ Tequesta Properties, Inc relative to the Swap of Parcel No. 1 (southwest parcel, Bridge Road, owned by the Village of Tequesta) and Parcel No. 2 (northwest parcel, Tequesta Drive, owned by JMZ) in the Tequesta Village Center in accordance with Section 9. - Swap of Parcel No. 1 and Parcel No. 2 of the Agreement Between the Village of Tequesta and JMZ Tequesta Properties, Inc. Ms. Manganiello pointed out that the swap provision provided for a swap of up to 52,778 square feet but did not require the Village to take all of that square footage. Ms. Manganiello explained it was the intent to work with the architect and engineers to determine a configuration conducive to the Village's use and to JMZ's use and also to take into consideration the • VILLAGE COUNCIL MEETING MINUTES August 10, 2000 PAGE 39 street that was already plotted, so that the entire 52,778 square feet might not be needed. Vice Mayor Schauer made a motion to approve authorizing the Acting Village Manager to commence process with JMZ Tequesta Properties, Inc relative to the Swap of Parcel No. 1 (southwest parcel, Bridge Road, owned by the Village of Tequesta) and Parcel No. 2 (northwest parcel, Tequesta Drive, owned by JMZ) in the Tequesta Village Center in accordance with Section 9. - Swap of Parcel No. 1 and Parcel No. 2 of the Agreement Between the Village of Tequesta and JMZ Tequesta Properties, Inc. Councilmember Walker seconded the motion. The vote on the motion was: Joseph N. Caprett~ - for • Elizabeth A. Schauer _ for Basil Dalack against Sharon Walker - for The motion was therefore passed and adopted. O) Consideration of Councilmember Geraldine Genco's request to be authorized to pursue investigation of the application of Palm Beach County's Annexation Incentive Programme relative to the unincorporated areas of Bermuda Terrace and Pine Tree Drive with a designated person from Village Staff. Acting Village Manager Manganiello explained that Councilmember Genco had written a letter to her and to the other members of the Village Council regarding this item. Acting Village Manager Manganiello explained that the County's Annexation Incentive Program was a cost sharing agreement with 1/3 of the cost .borne by the County, 1/3 by the municipality desiring annexation, and 1/3 by residents of the annexed area. Acting Village Manager Manganiello reminded the Village Council that the last attempt at annexing these unincorporated areas had failed badly, although they had been offered many incentives to come into • VILLAGE COUNCIL MEETING MINUTES August 10, 2000 PAGE 40 the Village. Acting Village Manager Manganiello further discussed the issue and commented that if the Village Council approved Councilmember Genco's request, Councilmember Genco was also requesting to work with a member of the staff, and that staff person would be from the Community Development Department. Vice Mayor Schauer stated she would like to table this item until the next meeting when Councilmember Genco was present and requested that Acting Village Manager Manganiello give her the information that the Village had been slaughtered on the last annexation attempt. Acting Village Manager Manganiello explained that she had made Councilmember Genco aware of what had happened; however, Councilmember Genco had requested that it be on tonight's agenda. Vice Mayor Schauer commented that a lot of .people in Bermuda Terrace did not want to come into the Village and she was • against .approaching them again so soon after the last attempt, and she was in favor of tabling this item. Counciimember Walker commented that Councilmember Genco might want this approved tonight so that she could do subsequent work on the issue and expressed concern that tabling the matter could prevent Councilmember Genco from being able to go ahead with this. Discussion ensued. Vice Mayor Schauer commented it was too .soon to approach these neighborhoods again, and felt it should not be pursued at this time. Councilmember Walker made a motion not to authorize Councilmember Genco to pursue investigation of the application of Palm Beach County's Annexation Incentive Programme relative to the unincorporated areas of Bermuda Terrace and Pine Tree Drive with a designated person from Village Staff; and to request that Councilmember Genco read the minutes on this topic so she would know the comments and if she would like to speak about it at the next Village Council meeting it could be done under Any Other Matters. Vice Mayor Schauer seconded the motion and requested Acting Village Manager Manganiello give Councilmember Genco the • VILLAGE COUNCIL MEETING MINUTES August 10, 2000 PAGE 41 information on this subject. motion was: Joseph N. Capretta Elizabeth A. Schauer Basil Dalack Sharon Walker The vote on the - for - for - abstain - for The motion was therefore passed and adopted. Director of Community Development Scott D. Ladd commented annexation was not dead; that he was currently working on three requests; that it was not happening immediately in the large numbers the Village tried to bring in, but would eventually trickle down. • X. ANY OTHER MATTERS Councilmember Walker requested that the Community Appearance Board draft a Historic Tree Ordinance for Village Council review. Councilmember Walker reported that approximately a year ago the former Chair of the Community Appearance Board, Chair Cook, had requested former Village Manager Bradford to research a recently passed Palm Beach Gardens Ordinance for preservation of the MacArthur Banyan Tree as a tree of historical significance and a landmark. The Community Appearance Board had felt such an ordinance would benefit Tequesta; however, the Palm Beach Gardens ordinance was too encompassing in scope for the Village to follow; therefore, the Community Appearance Board had not proceeded with an ordinance. Councilmember Walker had found a Boca Raton ordinance which she believed would meet the intent of Chair Cook's original concept and requested the Village Council's approval to forward this information to the Community Appearance Board and request they draft a similar ordinance for the Village with final adoption by the Village Council. Councilmember Walker noted that two possible candidates for historical tree status might be a banyan tree at the entrance to Bay Harbor and a banyan tree cluster located on the grounds of Tequesta Country Club. Village Attorney John C. Randolph advised that the Community Appearance Board was not a legislative board and • vII~LAGE coUNCIL MEETING MINUTES August 10, 2000 PAGE 42 recommended the Village Council go forward with this request. Vice Mayor Schauer made a motion to direct staff to create a historic tree preservation ordinance. Councilmember Walker seconded the motion. The vote on the motion was: Joseph N. Capretta - for Elizabeth A. Schauer - for Basil Dalack - for Sharon Walker - for The motion was therefore passed and adopted. Councilmember Walker provided an update on the Tequesta Branch Post Office. Councilmember Walker reported the village had requested the branch become a stand alone facility and that maintenance be improved. Mrs. Walker • explained that she had met with the Director of Facilities Engineer for the Central Florida District, who had agreed that all dead plant .material would be removed and replaced. Councilmember Walker stated she had had numerous conversations with the Director of Consumer Affairs and was in the process of trying to establish monthly meetings between the Postmaster of the Jupiter Post Office and the General Manager of the Tequesta Branch Post Office. Mrs. Walker reported a number of employees were being cross trained so they could wait on customers at the windows as well as sort mail. Councilmember Walker commented regarding Community Appearance Board appointments that another appointment would be coming up on the next Agenda and since she believed it was a good idea to involve the community instead of re-appointing members, requested that along with Steve Parker that the additional dozen or so applicants who had applied in May be considered. Councilmember Walker requested a consensus of the Village Council to direct the Acting Village Manager to write a letter to the Jupiter/Tequesta/ Juno Beach Chamber of Commerce with copies to each member of the Board of • Directors, formally withdrawing Tequesta's support from the Chamber of Commerce. Councilmember Walker proposed this • VILLAGE COUNCIL MEETING MINUTES August 10, 2000 PAGE 43 action because of the actions of the Chamber's immediate past president, Richard Berube, in connection with ACT, the political committee requesting a referendum on the public safety facilities and municipal center. Councilmember Walker expressed her opinion that this political action committee was working to curtail revitalization of the Village's central business district, specifically the renewal and redevelopment of Tequesta Plaza and Bridge Road and all the property owners there. Councilmember Walker requested that the Village consider aligning themselves with the North Palm Beach Chamber of Commerce. Councilmember Dalack expressed his opinion that the Village needed to look out for its citizens rather than the business community, and again stated his position that he believed the Village was paying for the whole project of Tequesta Plaza for Mr. Zuccarelli. Mr. Zuccarelli commented he would be happy to debate the issue with Mr. Dalack. The Vice Mayor questioned what had prompted Mrs. • Walker to present this proposal. Councilmember Walker explained she had received a letter from Robert Cook with information regarding the .political action committee and naming Richard Berube as Treasurer, and she felt actions of an immediate past president of the Chamber of Commerce and of Village Council members far extended the time they were in office. Mrs. Walker expressed her opinion that any Chamber of Commerce should support business and try to attract business, and that this committee (ACT) would deter business if it was successful and continued in the interim not to assist the property owners on Bridge Road. Mayor Capretta commented he understood Councilmember Walker's frustration, but recommended writing a letter to the Chamber of Commerce asking for their support of Tequesta's development of the downtown area, since he believed they were in favor of what Tequesta did, and he did not believe Mr. Berube spoke for them but was affiliated with ACT as a private citizen, and also, Mr. Capretta believed that the Chamber of Commerce should not be involved in the Village' s internal dispute about the matter. Village Attorney Randolph advised if there was no motion or second, nothing remained to be done regarding this issue. Acting Village Manager Manganiello clarified that each member of the Village Council-not just Councilmember Walker--had received a copy of the letter from Mr. Cook. Councilmember Walker amended her request and requested consensus from the VILLAGE COUNCIL MEETING MINUTES August 10, 2000 PAGE 44 Village Council to ask Acting Village Manager Manganiello to write a letter asking the Chamber of Commerce for their support of the Village's revitalization effort. Mayor Capretta responded that he would write the letter and offer to give a presentation to the Chamber of Commerce, showing video, etc. • Vice Mayor Schauer announced that Palm Beach County School Board had approved construction of a new Jupiter High School; however, there was opposition from residents on the west side of the stadium who did not want the school facility in their back yard. The Vice Mayor reported that the meeting regarding the new school had been well attended and that MPA Architects, Inc., had designed the plan, which would be done in two phases. Phase I would consist of construction of a new high school on the existing football field, beginning in the Spring of 2001. The school would consist of four 2-story structures. Vice Mayor Schauer described the site plan and buildings, which would be completed in 2004. The Vice Mayor explained that the football stadium was not a part of the deal and the community would have to raise money for the proposed 3,000 seat stadium. Mayor Schauer indicated she would provide periodic updates regarding this project. XI. ADJOURNA~NT Vice Mayor Schauer moved that the meeting be adjourned. Councilmember Walker seconded the motion. The vote on the nation was: Joseph N. Capretta - for Elizabeth A. Schauer - for Basil Dalack - for Sharon Walker - for The nation was therefore passed and adopted and the meeting was adjourned at 10:53 p.m. • VILLAGE COUNCIL MEETING MINUTES August 10, 2000 PAGE 45 Respectfully submitted, ~ti. ~~ Betty Laur Recording Secretary ATTEST: /lu J nn Manganiell Village Clerk DATE APPROVED: i~ a ood • EXHIBIT "A" • ~j~~~~3~f.1 Y~,~- '^faF AUG -~- 4 2000 August 3, 2000 TEQUESTA VILLAGE COUNCIL c/o Ms. Joann Manganiello Acting Village Manager, Village Clerk Village of Tequesta 250 Tequesta Drive, Suite 250 Tequesta, FL 33469-0273 Dear Ms. Manganiello: 7 Country Club Circle Tequesta, FL 33469-2006 1 561 745 3893 Fax: 1 561 ?43 3894 ~JaOI.COIn nth regard to the June Council Meeting and the Council's passage of Community Development Board's recommendation to build a new Police and Fire Rescue Facility and authorization to proceed with the design and financial planning as per Plan A. Dear Council members and Citizens, the aforementioned plan to construct these safety facilities is of utmost importance to the Village's safety and well being. We, the Council have authorized the conceptual plan, as depicted in the aforementioned meeting held in May of this year. Currently at the direction of the Council, the Village Manager has been directed to pursue development of architectural drawings which would situate the safety facility on the foot print of the existing Village Hall. This mandates the immediate destruction of the Village Hall, and the necessity to find temporary quarters for Council and Committee Meetings, as well as forcing both the Police and Fire Rescue personnel to move staff and equipment twice (two times). The first move of staff, equipment, and furniture would be temporary until the new facility (building) was completed; after which they would be moved, again, into the new building. Why should we unnecessarily disrupt both the Police and Fire Rescue staff and cause an un-necessary expense to the Village? I would implore you to consider the location of the new building parallel to the existing Village Hall. The Public Safety Facility could use the fountain as the public entrance and parking area, which would be both visually pleasing and impressive. The majority of the parking could be located on the western side of the building near the shopping center. The remaining green area could be heavily landscaped as a sound deterrent and 8 heart trail could be installed for the use of the staff of our safety facility, making the green area a passive park. The results: 1. No relocation or temporary facility expenses. 2. Ability to test run the new facility until all systems are operational. Ms. Joann Manganiello Page 2 August 3, 2000 3. No disruption to staff. After the new facilities are completed the existing Village Hall would be demolished once the new Village Hall is comple#Gd. A win, win situation. Previous meetings discussed the location of these facilities in an area primarily situated to the north of this outlined proposal. This concept was never discussed at any meeting. Shouldn't we consider what is best for the Villages Safety, finances and logical? Thank you, for your time and heartfelt consideration. C ember Geraldine Genco. 6 r a