Loading...
HomeMy WebLinkAboutMinutes_Regular_05/11/2000 VILLAGE OF TEQUESTA Post Office Box 3273 • 250 Tequesta Drive Suite 300 Tequesta, Florida 33469-0273 (561) 575-6200 Fax: (561) 575-6203 VII..LAGE OF TEQUESTA VII..LAGE COUNCIL MEETING 11~IINUTES MAY 11, 2000 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, May 11, 2000. The meeting was called to order at 7:03 P.M. by Vice Mayor Elizabeth A. Schauer. A roll call was taken by Betty Laur, Recording Secretary. Councilmembers present were: Vice Mayor Elizabeth A. Schauer, Councilmember Basil E. Dalack, Councilmember Geraldine Genco, and Councilmember Sharon Walker. Also in attendance were: Acting Village Manager and Village Clerk Joann Manganiello, Village Attorney John C. Randolph, and Department Heads. Mayor Joseph N. Capretta was absent from the meeting. II. INVOCATION AND PLEDGE OF ALLEGIANCE Vice Mayor Elizabeth A. Schauer gave the Invocation and led those in attendance in the Pledge of Allegiance to the American Flag. III. APPROVAL OF AGENDA Councilmember Genco requested addition of appointments for the empty seats on the Community Appearance Board. Councilmember Dalack requested addition of an announcement regarding keeping St. Mary's Hospital open, which had the only trauma unit in the area. • Councilmember Walker objected to Councilmember Genco's addition to the agenda, stating that when this item had Recycled Paper VILLAGE COUNCIL MEETING MINUTES May 11, 2000 PAGE 2 been on last month's agenda she had asked that the Village Council not act on it because the two candidates had been on the Board for at least 15 years, and she was concerned regarding lack of participation by other citizens. Councilmember Walker reported that Acting Village Manager Manganiello was placing a notice of openings in the next issue of Smoke Signals, so that all residents would have an opportunity to apply. Councilmember Genco acknowledged Councilmember Walker's comment but declined to withdraw her amendment to the agenda, and explained she planned to propose filling the two positions that would become vacant at the end of the month so that if action by the Board was needed there would be a Board, and to look at the other applicants to fill the remaining full-time position and the alternate position. Vice Mayor Schauer indicated she could not make a good judgment at this evening's meeting due to the fact that she • had not had an opportunity to do her homework on this issue. Acting Village Manager Manganiella called point of order and advised that if there were no other amendments to the agenda that a vote should be taken. Village Attorney Randolph suggested that since there was a dispute as to whether an item should be placed on the agenda that the two suggested items be considered in separate motions. Councilmember Genco made a motion to approve the Agenda as amended to include under ANY OTHER MATTERS appointments to the Community Appearance Board to fill the seats that would become vacant as of May 31, 2000. The motion died for lack of a second. Councilmember Dalack made a motion to approve the Agenda as amended with addition under ANY OTHER MATTERS the matter of St. Mary's Hospital. Councilmember Genco seconded the motion. The vote on the motion was: Elizabeth A. Schauer - for Geraldine Genco - for Basil Dalack - for • Sharon Walker - for • vILI~P,GE covxclL MEETING MINUTES May 11, 2000 PAGE 3 The motion was therefore passed and adopted and the Agenda was approved as amended. IV. COi~JNICATION FROM CITIZENS Pert Towne, 364 Fairway North, explained that she had been newly appointed to the Tequesta Country Club Community Association Board of Directors and requested information on behalf of another member. Ms. Towne questioned the asphalting now being done, to which Acting Village Manager Manganiello responded that was the first lift of asphalt. Ms. Towne explained that people selling their homes wanted to know for closing cost purposes when the $8,000 would be assessed. Mr. Grusauskas responded he believed there was a year given for hookup after the work was finished. Acting Village Manager Manganiello commented a letter should be forthcoming from ENCON to address Ms. Towne's • question. Hattie Siegel, 498 Dover Road, explained she had assumed the Mayor would be present and had wanted to respond to his comment that for ten years she had been complaining at every meeting he had attended, so she was having all of the tapes transcribed word for word, and to date had only reviewed one year of meetings, but hoped to cover the entire ten years to see how many times she had complained before the Board, and she had been going to explain slander and defamation. Mrs. Siegel reported she had just received a new 2000 brochure regarding the nepotism law, and asked whether there were any exceptions to that regarding population. Village Attorney Randolph responded the anti nepotism statute did have some population figures in it that cause exceptions with cities for less than 35,000 population. Mrs. Siegel commented the brochure indicated cities less than 35,000 population other than those with land planning or zoning responsibilities, but expressed her opinion that the appearance board would not be in either category. Attorney Randolph responded he believed that an opinion based on consultation with the Commission on Ethics was that Board did fall into the second exception, and that • the question was whether the Community Appearance Board was the board that handled land planning functions, and the opinion was rendered that it was. Councilmember Genco • VILLAGE COUNCIL MEETING MINUTES May il, 2000 PAGE 4 commented from actions taken by the Gammunity Appearance Board she believed they did not have responsibility for zoning or variances. Attorney_Randolph responded they did not consider zoning or variances, but the State statute used the term land planning func:tiQna, and language within the Community Appearance Board indicated that they must find that applications met the Comprehensive Plan of the Village. Attorney Randolph further clarified his comments. Mrs. Siegel: indicated she felt. the. matter was very confusing. Wade Griest,. 494 Dover Road,. .commended the Fire Rescue and Police for their quick response, efficiency, and professionalism in responding. to a serious fire approximately a week ago next door to his home. Mr. Griest explained that no one had been in1ured and there had been no damage to neighboring properties. Martin County and the. Sheriff's office had also responded. The fire had • been an all-alarm fire, meaning anyone off duty was to respond if they learned of the fire, and he knew of two lieutenants not on duty responded. Mr. Griest commented it was.. embarrassing that. when. the Fire Department was called upon to respond they did so immediately; however, when they, called to the Village the response was not answered and they had not had adequate housing for seven years., and he believed. it had.. been a mistake not to provide decent quarters when the Fire Department was formed. David Barth,, 4 Bunker Place, commented approximately six months ago he had introduced the concept of an overall roadway plan fQr the Village, and he feared the idea was dying. Mr. Barth explained that the idea had been to make improvements to aesthetics as well as roadway safety during the severing construction, and his last appearance had been before.. the Public Works Committee who had directed him to do a survey of the community. Mr. Barth indicated he had prepared the survey. document,: and a petition had been taken to residents by Pert Town, and that many residents had requested more information. Mr. Barth commented he was looking for direction whether to proceed, and he felt these were .sound planning.ideas and the Village was not moving forward with them while they had the opportunity. Vice • Mayor Schauer commented Mr. Barth should do a presentation of his. enhancement program to the. Tequesta Country Club VILLAGE COUNCIL MEETING MINUTES May 11, 2000 PAGE 5 Community residents because the Public Works Committee and let them decide if they wanted the program, then come back to the Public Works Committee with the results. Mr. Barth commented the initial concept was not just for the Tequesta Country Club Community, but for any areas to be sewered in the future. Mr. Barth expressed his frustration with the process so far. The Vice Mayor advised Mr. Barth to contact the TCCCA Board and tell them he wished to proceed immediately, and the proposal given to the Public Works Committee had only been within the Tequesta Country Club Community. Councilm.ember Walker explained that the only areas to be sewered were a portion of Jupiter in the Pines and the area where Councilmember Genco lived. Councilmember Genco expressed her opinion that the residents in her neighborhood, Country Club Point, probably would not want to spend more money since they were already faced with an $8,000 sewer charge. Mr. Barth explained that various funding techniques for this proposed • enhancement program had been to ask ENCON to make some improvements, another was voluntary participation for street trees, and another was streetlights funded by the Village. Councilmember Genco commented that residents in her neighborhood had been contacted regarding streetlights and had indicated they did not want them. Mr. Barth commented decorative mailboxes were proposed on a voluntary basis and decorative street signs were proposed from homeowners dues over time. Landscaping and traffic calming had been suggested, but the Village needed to decide if they wanted traffic calming devices and study them much more. An idea had been that ENCON might provide some funding if requested. The main idea had been to come up with a long range plan of how the streets should look, to try to improve aesthetics and slow traffic in conjunction with the sewering construction. Mr. Barth distributed information to the Village Council and Mr. Barth stated he would contact the TCCCA Board. Betty Nagy, Shay Place, questioned whether Mr. Zuccarelli would be able to obtain funding for his project and asked why the Village had asked Mr. Zuccarelli to submit a plan for building a Village Hall. Acting Village Manager Manganiello responded that Mr. Zuccarelli had sent a letter • to the Village Council in which he denied the extension of the repurchase agreement time per the contract so the VILLAGE COUNCIL MEETING MINUTES May il, 2000 PAGE 6 Village was obligated to begin construction of either a Village Hall or a Civic/Cultural facility on their parcel by March 16, 2001. If construction had not started by that date the repurchase clause would go into effect wherein Mr. Zuccarelli could repurchase the parcel from the Village at a cost of $477,000. Acting Village Manager Manganiello reported that Mr. Zuccarelli was in the process of obtaining necessary funding, which was made more available to him with the intent of the Village Hall to be built there, which had always been the intent but was contingent on whether the Village Council chose to put Village Hall in Tequesta Village Center. Acting Village Manager Manganiello commented having Mr. Zuccarelli build a Village hall was an option that the Village was exploring; however, the Village was obligated to go out for competitive bidding. Pauline Hutchinson, Camelia Circle, requested the proper procedure to obtain a Charter revision limiting Village Councilmembers to three terms. Village Attorney Randolph advised that a referendum would be needed, and that the Village could adopt an ordinance amending the Charter subject to a referendum. Attorney Randolph explained that he did not know if it could be done by petition if the Village Council did not want to do it; but advised that a Village Councilmember could propose a Charter revision and a vote of three out of five would be needed in order to direct him as the Village Attorney to prepare an ordinance to make a Charter change, and it would come back to the Village Council as a Charter change. Richard Berube, 4 Country Club Circle, commented that at the Redevelopment Committee meeting there had been discussion regarding the monument signs in the swale area at the entrance to Tequesta Country Club, one of which was in the center of the pathway, and questioned what had been done. Acting Village Manager Manganiello reported she had obtained cost estimates to move both signs in front of the Tequesta Country Club intact to a northern location. Ms. Manganiello explained that the original proposal had been to place the signs at least 17' farther north, but the Community Appearance Board had moved the signs to the • present locations, and had wanted the signs parallel to each other. Acting Village Manager Manganiello advised VILLAGE COUNCIL MEETING MINUTES May 11, 2000 PAGE 7 that Mr. Berube's concerns would be considered and advised that the Village had made an attempt to get TCCCA input and make them aware the Village may move the signs for safety reasons. Acting Village Manager Manganiello commented that the Village would probably have to bear the cost of restoring the path, and would have to get bids. Mr. Berube commented that at that same Redevelopment Committee meeting there had been an agenda item reviewing a conceptual site plans A, B, and C for this property, and the next day' s newspaper had reported that the Committee had voted unanimously to put the Village administrative offices on the Zuccarelli property. Mr. Berube commented that one of the things the Committee had been discussing was to let the public decide on the building locations and how they would be combined, just as they had with the sewers, and now the Committee had already voted and usurped the public point of view. Mr. Berube recalled that Mayor Capretta had said at a previous meeting that the possibility of placing the Village Hall on the Zuccarelli property was a ruse to entice the contractor to do what the Village wanted. Mr. Berube stated he felt betrayed and confused and asked for an explanation. Acting Village Manager Manganiello responded that the Committee's recommendation would come to the Village Council at the June 8 meeting, and staff was going to propose moving ahead with Police and Fire on the current site and the decision to put the Village Hall at the Village Center. Acting Village Manager Manganiello explained that the Committee had agreed to hold three public information workshops, two weekday evening meetings and one Saturday morning workshop, and the intent of these meetings would be to let the public know the decision, if it was approved at the June 8 Village Council meeting, explain the needs assessments of the departments, provide cost estimates, and let the public know of the decision to place Village Hall at the Village Center. The proposal to the public would be whether to place the Village Hall on Tequesta Drive or on Bridge Road. Mr. Berube commented that the decision had been made. Councilmember Walker explained that the Committee got to the decision by looking at the costs, and that to build a new Police and Fire Rescue facility and put a municipal/cultural center on another parcel of land owned by the Village was the most • cost effective choice for the Village for the next 30 years; and if the Village Council agreed with the • vIr~GE covxclL MEETING MINUTES May 11, 2000 PAGE 8 Committee's recommendation, then the Committee wanted to educate the public as to how they had arrived at this conclusion. Councilmember Dalack commented that this was not a contractual agreement, but a recommendation by the Committee to the Village Council, which would be considered on June 8. Mr. Berube inquired whether the Village Council was still planning to make a decision. Councilmember Genco responded that she understood the Redevelopment Committee had a recommendation for the site plan and questioned whether the Finance Committee had to approve the cost. The response was that the cost had to come before the full Village Council. Mr. Berube commended the Police and Fire Rescue personnel for their efforts in the recent fire, and stated the firemen were living in poor conditions because the Village did not want to include the cost of new facilities in the budget numbers when the Fire Department was established. • Carl Hansen commented that ground was broken at Tequesta Plaza in December and it was now the middle of May, and expressed hope that the project would get started. Mr. Hansen commented that he was pleased with the recommendation by the Redevelopment Committee, and that one of the Village Council's objectives for the year 2000 was to finalize decisions on some of these issues. Mr. Hansen commented that the sewering was proceeding quite well and that it would be quite. some time before residents would need to pay anything. Mr. Hansen explained that ENCON could send their letter at the completion of Phase I, which might be by the end of this year, and it would be at least 2002 before anyone would be paying the first payment on the sewer. Mr. Hansen clarified that the hookup fee was $2,000, not $1,200 as had been mentioned earlier in the meeting, and that would be financed along with the $8,000 assessment. Karen Shafer, 242 C3olfview Drive, questioned whether the Tequesta Country Club was suing the Village or if they had sent a letter of concern. Acting Village Manager Manganiello responded that the letter received was a letter of concern, and asked the Village to move the signs for safety purposes. Ms. Shafer reported that many of the • people had been upset with the way the middle sign had come about, and advised that at the next TCCCA meeting a • vIT•t•nr_F covxclL MEETING MINUTES May il, 2000 PAGE 9 proposal would be made to take out both signs; therefore the Village should wait before spending any money to move the signs . Ms . Shafer commented to Mr . Barth that a survey had been conducted, not a petition, and that it had been brought by Pert Towne who had presented it fairly. Peggy Verhoeven, Point Drive, thanked IItility Director Joe Grusauskas for coming to her home and finding the water leak on her property. Mrs. Verhoeven stated that the item discussed by Mrs. Siegel should be looked into and the brochure should be read by all of the Village Councilmembers. Mrs. Verhoeven stated that according to the brochure from Tallahassee, the Village did not fall under the nepotism or anti-nepotism law. Jim Rampage stated he agreed with Mr. Berube, and it bothered him that on March 16, 2001 the Village still either had to pay or build something, and questioned • whether the schedule for the project was still that the first building was to be built on the northeast corner, then the old building was to be demolished, then the roadway and the second building were to be done simultaneously. Mr. Rampage expressed his opinion that JMZ Enterprises was the greatest benefactor of this time schedule and questioned whether permits were complete, to which Community Development Director Scott D. Ladd responded the permits were not complete. Mr. Rampage commented that Mr. Zuccarelli had not performed according to the schedule, and therefore the Village should not be held at ransom to pay or start building by March 16, 2001. Mr. Rampage requested that if the Village Council decided to put the Village Hall on that parcel they take into consideration the lost tax revenue they could have had, and commented he would like to put this decision off until the July Village Council meeting in order to have time to hold the public meetings. V . 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 VILLAGE COUNCIL MEETING MIN(JTE3 May 11, 2000 PAGE 10 ----------------------- be rived from the Consent Agenda of Business and considered in its normal sequence on the Agenda. Vice Mayor Schauer read aloud the following Gonsent Agenda items: VI. PRESENTATIONS AND PROCLAMATIONS *A) Proclamation Declaring the Week of May 21 - 27, 2000 National Public Works Week in the Village of Tequesta. *B) Proclamation Declaring the Week of May 14-20, 2000 Emergency Medical services Week in the Village of Tequesta. VII. APPROVAL OF MINUTES AND REPORTS • *A) Community Appearance Board Meeting Minutes, March 15, 2000 *B) Special Master Hearing Meeting Minutes, March 23, 2000 *C) Village Council Meeting Minutes, April 13, 2000 *D) Village Manager's Report; April 10-May 5, 2000 VIII. NEW BUSINESS *A) Resolution No. 59-99/00 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Requesting that the Florida State Legislature Approve and Adopt the Building Officials Association of Florida's Position on the Florida Building Code as set forth in Exhibit "A" Attached hereto; Providing for Distribution; Providing for an Effective Date; and for Other Purposes. (Staff Recommends Approval) *D) Consideration of Designation of Village Police Department Property as Surplus, Pursuant to Section 3.02 (8) of the Village Charter. (Staff Recommends • Approval) • VILLAGE COUNCIL MEETING MINUTES May 11, 2000 PAGE 11 A) 1997 Dodge Intrepid VIN Number 2B3HD46FXVH616917 B) 1997 Dodge Intrepid VIN Number 2B3HD46F1 VH616918 *E} Consideration of Authorization for the Mayor to Execute a Letter Approving the Allocation of $728,458 for FY O1 Drug Control & System (DCSI) Funds aka the Byrne Funds for Palm Beach County Projects per the Request of the Criminal Justice Commission and to forward the same to the Department of Community Affairs on Behalf of the Village of Tequesta. (Staff Recommends Approval) Motion was made by Councilmember Walker to approve the Consent Agenda as read. The motion was seconded by . Councilmember Genco. The vote on the motion was: Elizabeth A. Schauer - for Basil Dalack - for Sharon Walker - for Geraldine Genco - for The motion was therefore passed and adopted. VIII. NEW BUSINESS B} Resolution No. 60-99/00 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, expressing its Concern For the Levels of Customer Service and Landscape Maintenance Provided at the Past Office Facility Located Within the Village of Tequesta; Requesting That the U.S. Postal Service Take the Necessary Measures to Correct These Conditions. (Staff Recommends Approval) Resolution No. 60-99/00 was read by Vice Mayor Schauer. • VILLAGE COUNCIL MEETING MINUTES May 11, 2000 PAGE 12 Acting Village Manager Manganiello explained that the Tequesta residents had been excited about the new postal facility; however, the level of service had been disappointing, which was due to inadequate staffing. Acting Village Manager Manganiello commented that former Mayor Hansen had received many complaints and had written to the Jupiter Postmaster, because Tequesta's branch was a part of the Jupiter Post Office. No response had been received to two letters sent by Mayor Hansen. Acting Village Manager Manganiello commented that Councilmember Walker had expressed concern regarding the appearance due to lack of grounds and landscape maintenance, and that both concerns were addressed in this Resolution. Acting Village Manager Manganiello explained that the Resolution would be sent to the District Manager of the Post Office in Orlando Florida, accompanied by a letter • from Mayor Capretta and with the two letters from Mayor Hansen attached. Acting Village Manager Manganiello commented that asking for additional staffing was valid since the Tequesta branch served over 16,000 customers. Councilmember Walker advised that on page two of Mayor Capretta's letter a statement was made that the grass had not been mowed since the facility opened, and clarified that it had been mowed one time ten days ago in response to Tequesta's Code Enforcement request, and requested that the letter be amended. Councilmember Walker made a motion to adopt Resolution 60-99/00. Councilm~nber Dalack seconded the motion. The vote on the motion was: Elizabeth A. Schauer - for Basil Dalack - for Sharon Walker - for Geraldine Genco - for The motion was therefore passed and adopted. . C) Resolution NO. 62-99/00 - A Resolution of the Village Council of the Village of Tequesta, Palm • vlLr~,GE covxclL MEETING MINUTES May 11, 2000 PAGE 13 Beach County, Florida, Urqinq the U.S. Postal Service to Designate the Tequesta Branch Post Office as An Independent Facility. (Staff Recommends Approval) Vice Mayor Schauer read Resolution 62-99/00. Acting Village Manager Manganiello advised that Tequesta's post office was a branch of the Jupiter post office, and that the zip code 33469 was designated as Jupiter instead of Tequesta. In view of serving over 16,000 customers and with the Village being a full service municipality, a request was in order that the II.S. Postal Service designate the Tequesta branch as a separate facility so that the 33469 zip code would be designated for Tequesta. Acting Village Manager Manganiello explained that numerous complaints had been received that the Village newsletter, Smoke Signals, was sent out with labels showing Jupiter instead of Tequesta, which had been because the contractor who did the labeling used a national address and zip code disk. The contractor was now manually making changes to approximately 2800 labels to make them read Tequesta, resulting in additional costs to the Village. The Village Council was requested to authorize the Village Manager to forward the letter and Resolution to Mark Foley for submission via proper channels. Councilmember Dalack made a motion to adopt Resolution 62-99/00 and to authorize the Village Manager to forward the proposed letter and the Resolution to Congressman Mark Foley. Councilmember Walker seconded the motion. The vote on the motion was: Elizabeth A. Schauer - for Basil Dalack - for Sharon Walker - for Geraldine Genco - for • The motion was therefore passed and adopted. • VILLAGE COUNCIL MEETING MINUTES May 11, 2000 PAGE 14 ----------------------- IX. ANY OTHER MATTERS Counc~imemher_Dalack reported he had received communication from a nurse at the trauma center at St. Mary's Hospital requesting. that the Village Council support efforts to keep the hospital open, since it had the only trauma center in the County_ Councilmemher Dalack explained that a letter could be sent to Friends of St. Mary's, P. O. Box 221076, Tdest Pain BeachF Florida. 3.3422,.. and the. MaXor was requested to write a letter of support. Councilmember Dalack announced a rally. to beheld at St_ Mary.' Hospital on May 21 at 7 p.m. Councilmes~er- Dalack- made sr matioa to- sand a letter of support for keeping St. Mary's Hospital open. Counc~~ r Genco seconded tha motion_ The vote on the motion was: • Elizabeth Ar Schayuer - for Basil Dalack - for Sharon. Tetalker - for Geraldine Genco - for The action was. therefore. passed and adopted. X. ADJOURNN~NT Coun~-> > ~r Gen~o moved that the, meeting be adjourned . Councilmember Dalack seconded the motion. The vote on the motion was: Elizabeth A. Schauer - for Basil Dalack - for Sharon. [~ialker - for Geraldine Genco - for The motion was therefore passed and adopted and the meeting was adjourned at 8:27 p..m.. • VILLAGE COUNCIL MEETING MINUTES May il, 2000 PAGE 15 Respectfully submitted, ~, Betty our Recording Secretary ATTEST: ck.~...~,.~~.u,,.,~o~ J nn Mangani to Village Clerk DATE APPROVED: •