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HomeMy WebLinkAboutMinutes_Regular_07/24/1997• F rF ~ P ~ Gf S~ 9 '~ f ~ v ~ '1 0 AF, 4v ch c0 y VILLAGE OF TEQUESTA Post Offiice I3ox 33i3 ~ Tequesta 1>ri~ e Teque.~, Florida 33469-0373 0617 >7>-63(x) Fax: (~C1) >7~-6203 VILLAGE OF TEQUESTA VILLAGE COUNCIL MEETING MINUTES JULY 24, 1997 • 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, July 24, 1997. The meeting was called to order at 7:04 P.M. by Mayor Elizabeth A. Schauer. A roll call was taken by Betty Laur, Recording Secretary. Councilmembers present were: Mayor Elizabeth A. Schauer, Vice .Mayor Carl C. Hansen, Alexander W. Cameron, and Joseph N. Capretta. Also in attendance were: Village Manager Thomas G. Bradford, Village Attorney John C. Randolph, Village Clerk Joann Manganiello, and Department Heads. Councilmember Ron T. Mackail was absent from the meeting. II. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Joseph N. Capretta gave the Invocation and led those in attendance in the Pledge of Allegiance to the American Flag. • III. APPROVAL OF AGENDA Vice Mayor Hansen requested that Item 10 E be pulled from the consent agenda and that a discussion of hurricane preparedness be added under ANY OTHER MATTERS. Mayor Schauer requested addition of information regarding a meeting under ANY OTHER MATTERS. Village Manager Bradford requested direction regarding creation of a defined contribution plan for General Employees under ANY OTHER MATTERS. The Village Manager explained that under Agenda Item 10 (Q) (2), even though adoption was recommended, that there was the possibility of a discrepancy with Nichols Sanitation, therefore the language Kec7rled Pa~7er Village Council Meeting Minutes July 24, 1997 Page 2 --------------- could change. Vice Mayor Hansen made a motion to approve the Agenda as amended. Councilmember Cameron seconded the motion. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Alexander W. Cameron - for Joseph N. Capretta - for The motion was therefore passed and adopted and the Agenda was approved as amended. IV. COMMUNICATIONS FROM CITIZENS (NON-AGENDA ITEMS) • George Gentile, on behalf of the Jupiter Tequesta Juno Beach Chamber of Commerce, explained that a number of articles had appeared in the newspaper regarding Country Club Drive, and their Board of Directors had passed a Resolution opposing closing or one-waying Country Club Drive, since they believed it would be a deterrent to businesses and residents, especially in the service area. Mr. Gentile presented the Village Council with a copy of the Resolution. Mr. Gentile commented that his goal as Chairman of the Chamber this year was to participate more with local governments and he would like to attend Village meetings on a regular basis. Betty Nagy, 26 Shay Place, questioned why there were security cameras in the reception area at Village Administration offices, and the approval for those cameras. Mayor Schauer explained that the cameras had been purchased under the Village Manager's budget and that he needed no Village Council approval for the purchase. The Mayor explained that audio had been removed from the cameras to comply with Florida law and they had been installed so that the reception area could be viewed from the Village Manager's office in the event of a security problem and also so that he would be aware of residents waiting so that they would not be kept waiting for long periods of time. • Pauline Hutchinson, Camielia Circle, questioned whether the • village Couacil Meeting Minutes July 24, 1997 Page 3 --------------- Village had paid back money borrowed from the Water Department and from Village Administration to start the Fire-Rescue Department. Village Manager Bradford responded that the Water Department funds had never been intended as a loan, but had been given to start the department, and that he did not recall any Administration money being used. Mrs. Hutchinson commented that she hoped Village Councilmembers were not violating the Sunshine Law in their discussions in the hallway before meetings and in talking among themselves during the meetings. Wade Griest, 494 Dover Road, questioned why all residents were paying for the sewer issue in Tequesta Country Club. Mayor Schauer replied that Mr. Griest would receive a response after the judge had ruled next month. Peggy Virhoven, Point Drive, thanked Mr. Gentile and the Chamber of Commerce members who voted for the Resolution • discussed by Mr. Gentile. Ms. Virhoven also thanked the Courier for supporting the Resolution, and thereby showing support for businesses. VI. PRESENTATIONS AND PROCLAMATIONS A) Proclamation Designating August 5, 1997, as National Night Out in the Village of Tequesta. Police Chief Allison requested that the Proclamation be read at the National Night Out for Crime Prevention. Mayor Schauer announced that the event would be August 5, 1997 at 7 P.M. located in Constitution Park. 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. • The following items were listed on the Consent Agenda: • village Council Meeting Minutes July 24, 1997 Page 4 --------------- VII. APPROVAL OF MINUTES AND REPORTS *A) Board of Adjustment; May 19, 1997 *B) Community Appearance Board; March 19, 1997 *C) Community Appearance Board; March 26, 1997 *D) Community Appearance Board; June 11, 1997 *E) Community Appearance Board, June 26, 1997 *F) Special Master Hearing; June 26, 1997 *G) Special Village Council Meeting; June 17, 1997 *H) Stormwater Utility Board; April 28, 1997 *I) Village Council Workshop; July 8,1997 *J) Village Council Meeting; July 12, 1997 *K) Village Manager's Report; June 9, 1997 - July 18, 1997 • X. NEW BUSINESS *F) Consideration of Approval of Change Order for Irrigation System and Sod for Seabrook Road Drainage Project in the Amount of $42,928 with Funding to be provided from the Capital Improvement Fund Undesignated Fund Balance Estimated to be in the Amount of $90,775. (Staff Recommends Approval) *P) Adoption of the Computed Rolled-Back Millage Rate (6.3160) to be Provided to the Property Appraiser in Accordance with F.S. 200. 065. (Staff Recommends Approval) *Q) Adoption of the Proposed Solid Waste Collection Services FY 1998 Non-Ad Valorem Assessment. 1) Single-Family Home: $146.28 2) Multi-Family Home: $113.16 *R) Adoption of the Proposed Stormwater Utility FY 1998 Non-Ad Valorem Equi valent Residential Unit Assessment. ($67.56) • Village Council Meeting Minutes July 24, 1997 Page 5 --------------- *S) Adoption of the Date, Time and Place of the First and Final Budget Hearings to Consider the Proposed Millage Rate and Tentative Budgets. (Staff Recommends Approval) 1) First Public Hearing - September 11, 1997, 7:00 P. M.; Village Ha11, 357 Tequesta Drive, Tequesta, Florida. 2) Final Public Hearing - September 23, 1997, 7:00 P. M.; Village Ha11, 357 Tequesta Drive, Tequesta, Florida. Mayor Schauer requested that Item 10 (0) be pulled from the Consent Agenda. Motion was made by Vice Mayor Hansen to approve the • Consent Agenda as presented. The motion was seconded by Councilmember Cameron. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Alexander W. Cameron - for Joseph N. Capretta - for The motion was therefore passed and adopted and the Consent Agenda was approved as presented. VII. COMMITTEE REPORTS A) Redevelopment Committee; June 2, 1997 Village Manager Bradford reported that this meeting had been called primarily to finalize details for the proposed Public Safety facilities, and had focused mainly on the Letter of Credit, which was subsequently approved by the Village Council, to provide interim funding for startup and issuance of bonds. Consideration of a draft public facilities speech was delayed until such time as • it would be needed. • village Couacil Meeting Minutes July 24, 1997 Page 6 --------------- Councilmember Cameron made a motion to approve the report of the Redevelopment Committee meeting of June 2, 1997. Vice Mayor Hansen seconded the motion. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Alexander W. Cameron - for Joseph N. Capretta - for The motion was therefore passed and adopted. IX. DEVELOPMENT MATTERS A) Site Plan Review for Fidelity Federal Savings Bank, 171 Tequesta Drive, for Exterior Alterations and Building Improvements. Daniel T. Canavan, Agent, MPA Architects. • (Staff Recommends Approval) Building Official Scott D. Ladd reported that this project had been reviewed by the Development Review Committee and there had been no adverse comments. Mr. Ladd commented that the proposed improvements would bring Fidelity Federal into line aesthetically with adjacent properties. Daniel T. Canavan, Agent, MPA Architects, explained that one portion of this request was for installation of an ATM, which would require one island to be widened. No other changes to existing improvements or landscaping would be needed. Mr. Canavan described the proposed exterior renovations. The reverse board and batten wood siding would be replaced with stucco similar in texture and matching the color of the stucco at McCarthy's Restaurant, and the roof would be replaced with barrel the in the colors used at Tequesta Oaks. Vice Mayor Hansen expressed concern regarding parking for McCarthy's Restaurant. Vice President and Property Manager for Fidelity Federal, Andy White, pointed out that parking on the DiVosta parcel designated as overflow parking would continue to be used by McCarthy's. • Councilmember Cameron, Councilmember Capretta, and Mayor village Couacil Meetiag Minutes July 24, 1997 Page 7 Schauer expressed their pleasure with the project as presented. Councilmember Capretta commented that the Village was getting more with Ordinance 377 than had been visualized, which was appreciated. Vice Mayor Hansen made a motion to approve the Site Plan Review for Fidelity Federal Savings Bank as presented. Councilmember Capretta seconded the motion. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Alexander W. Cameron - for Joseph N. Capretta - for The motion was therefore passed and adopted. B) Modified Site Plan Review for Tequesta Oaks Development, 177-207 Tequesta Drive. Don Hearing, Agent, Tequesta Oaks. In the absence of Don Hearing, who was on vacation, Rick Greene presented the request. Mr. Greene explained that the original lighting plan had called for four lights along the main entry road with additional lights at the ends and midpoints of the east-west streets. The proposed lighting plan would add four additional lights to the main entry road, eliminate the midpoint lights on the east-west streets, and add two lights per household, consisting of a decorative fixture in front of the garage of each unit as well as a fixture inside each entry portico. A total of 284 decorative fixtures would be added throughout the entire development. The second proposed change was to replace the concrete of the driveways with decorative pavers and to modify the 4' width of the sidewalks to 3', using decorative pavers for the sidewalks also. Requested modifications to the landscape plan would • replace each unit's pygmy date palm with a native dahoon holly and would replace the bougainvillea with allamanda village Council Meetiag Minutes July 24, 1997 Page 8 --------------- and Pandora vines. Building Official Ladd commented that this was the first he had heard of landscape changes, therefore no landscaping changes had been included in the packets prepared for the Village Councilmembers, and stated that the applicant must appear before the Community Appearance Board for the landscaping changes. During ensuing discussion, Village Manager Bradford questioned whether the pavers would run parallel with the street in the right-of-way, to which the response was that pavers would occupy one foot of the right-of-way. William Shannon, General Counsel for the applicant, explained that documents modifying the declaration of covenants had been prepared and recorded to make the maintenance of the pavers the responsibility of the homeowners. Village Attorney Randolph questioned whether the applicant would indemnify the Village for any accidents that might occur because of the uneven surface • of the pavers, and questioned whether pavers would need to be removed to allow the Village access to utilities. Attorney Randolph explained that the Village would need a removal agreement so that the Village would not have to replace the pavers. During ensuing discussion, Mr. Shannon commented that this subdivision should be treated no differently than any other subdivision within the Village. Building Official Ladd verified that paver blocks had been replaced by the Village in the past in such situations. Mr. Shannon agreed to provide an indemnification agreement. Mr. Greene explained that the light located on the garages would operate on a photocell and could not be turned off by the unit owners. These lights would be operated and maintained by the Homeowners Association. Councilmember Capretta discussed the landscaping on the east side of the subdivision to be installed by Mr. Van Brock. Mr. Shannon commented that October would be a good time to start installation of that landscaping. Vice Mayor Hansen made a motion to approve the modified site plan for Tequesta Oaks with indemnification for paver blocks and maintenance of the same a requirement of the Homeowners. Councilmember Capretta seconded the • Village Council Meeting Minutes July 24, 1997 Page 9 --------------- motion. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Alexander W. Cameron - for Joseph N. Capretta - for The motion was therefore passed and adopted. Councilmember Capretta made a motion to approve the landscaping changes to Tequesta Oaks as proposed subject to Community Appearance Board approval. Vice Mayor Hansen seconded the motion. The vote on the motion was: Elizabeth A. Schauer - for • Carl C. Hansen = for Alexander W. Cameron for Joseph N. Capretta - for The motion was therefore passed and adopted. C) Consideration of Adoption of Streetscape for South Cypress Drive (Staff Recommends Approval) Village Manager Bradford explained that some of the Cypress Drive business owners had appeared before the Community Appearance Board regarding Ordinance 377 compliance, and that others were in the process of preparation to appear. Village Manager Bradford commented that the Village Council should deal with the problem that these properties had no extra land for landscaping and that parking was at a premium, and that the business owners were apparently planning to come before the Village Council seeking approval to allow parking and landscaping in the right-of-way. The Village Manager explained that the Cypress Drive drainage project to be done by the Northern Palm Beach County Improvement • District was coming up and that it would not be prudent for the business owners to make their landscaping and parking improvements until after the drainage project had • Village Council Meeting Minutes July 24, 1997 Page 10 --------------- been completed, which was estimated to be one year. Jim Park, Landscape Architect with Gee & Jenson, had been requested to prepare a streetscape plan to provide landscaping continuity, as well as continuity in curb and gutter locations. Village Manager Bradford explained that also on tonight's agenda was an agreement which the Village Attorney had been requested to prepare which would enable people to park in the right-of-way and would give the Village assurances regarding liability. The Village Manager advised that the Zoning Ordinance gave the Village Council the power to adopt a streetscape for a specific street. Jim Park presented the streetscape plan, which preserved every possible parking space and avoided any backing of vehicles into Cypress Drive. 45-degree parking had been utilized, live oaks and crepe myrtle had been used in the right-of-way, and parking was allowed to be 3'-5' into • the right-of-way. Trees had been positioned so that there would be no conflict with parking and other landscaping. Mr. Parks suggested signage for the street at angled corners at Tequesta Drive, and expressed the hope that Jupiter might do the same at the other end of the street. Village Manager Bradford explained that business owners had not been told directly of the proposed streetscape, however, their landscape architect was fully aware of the plan. The Village Manager commented that the proposed plan would not dictate the parking but had been prepared as a possible plan for consideration by the business owners. Mr. Parks commented that a parking easement prohibiting blockage between properties would be needed in order to use the concept of shared parking presented in this plan, and that the property owners must cooperate to make this plan work. Village Manager Bradford explained that it was his understanding that Jupiter had met with the property owners on their portion of the street and asked if they would consider a landscape plan to be paid for by including the cost in their drainage projects assessment. Public Works and Recreation Director Gary Preston explained that the cost for drainage and landscaping including curbs, gutters, and irrigation was estimated to • be $90,000. Councilmember Cameron commented that the streetscape plan would make it easier for the business • village Council Meeting Minutes July 24, 1997 Page it --------------- owners to comply with Ordinance 377 and would also provide a uniform appearance. Councilmember Capretta commented that the Village should meet with Jupiter and the business owners to gain their participation and obtain their acceptance of the parking concept. Councilmember Capretta expressed his opinion that this plan would solve a major problem, and that the Village Council should approve the general concept. Building Official Ladd explained that five of the property owners had gone through the Ordinance 377 approval process and seven had not. Village Manager Bradford commented that although approvals had been received, that the landscaping had not necessarily been installed. Mayor Schauer commented that she did not want people to spend money on landscaping until after the drainage work was completed. Mayor Schauer proposed acceptance of the streetscape and to have a workshop with • all the business owners to explain that the Village wished them to delay compliance with Ordinance 377 until the drainage project was done in order to save them money. During discussion of signage, it was determined that Mr. Park would present a design for consideration. Mayor Schauer commented that she had received several positive phone calls from residents who lived behind Gallery Square South who felt the improvements to that property would enhance their property values. Pert Town commented on the dangerous parking situation at Verners Restaurant. Vice Mayor Hansen made a motion to adopt the proposed streetscape plan subject to a workshop meeting with the Cypress Drive property owners to get their input on ideas to modify the plan. Councilmember Cameron seconded the motion. Mayor Schauer requested that the workshop meeting be held in September, 1977. The vote on the motion was: • Elizabeth ~. Schauer - for • village Council Meeting Minutes July 24, 1997 Page 12 --------------- Carl C. Hansen - for Alexander W. Cameron - for Joseph N. Capretta - for The motion was therefore passed and adopted. D) Resolution No. 25-96/97 - Approving Agreement for Right- of-Way Usage. (Staff Recommends Approval) Village Attorney Randolph read Resolution No. 25-96/97 by title only. Councilmember Cameron made a motion to approve Resolution No. 25-96/97. Vice Mayor Hansen seconded the motion. The vote on the motion was: Elizabeth A. Schauer • Carl C. Hansen Alexander W. Cameron Joseph N. Capretta - for - for - for - for The motion was therefore passed and adopted. E) Site Plan Review for the Tequesta Plaza Shopping Center, 190-222 Tequesta Drive, for a New Facade, Landscaping, Signage, and for the Addition of an Out-Parcel. Scott McGuire, Agent for the Applicant. Building Official Scott D. Ladd explained that this application had been pulled from the June 12, 1997 Village Council agenda at the request of the developer so that modifications could be made, and that all fees had been paid. Scott McGuire, Agent, pointed out design considerations and proposed traffic circulation improvements. Mr. McGuire commented that a median at the main entranceway would be aligned with the Tequesta Oaks entrance road, that all parking spaces would be 90-degree parking to allow for two-way traffic through all drive aisles, that . all landscape islands would be 10' in width with elevated curbs, and that the entire lot would be repaved with one inch of asphalt. Proposed phase one work would be for • village Council Meeting Minutes July 24, 1997 Page 13 --------------- the front of the shopping comprised of work at the rear. following requested waivers: center, with phase two Mr. McGuire reviewed the A) Waiver for the required rear and side buffer areas. The applicant is proposing 0' of buffer from rear property line (10' required), and no landscape buffers along the sides of the property (5' buffer from property line required). B} Waiver for 120 of parking area green space (15% required). C) Waiver from required 4' planting area adjacent to the building with no planting area proposed. D} Waiver from the required 5' island between parking rows/ There is an area in the rear parking lot, on • the west side of the site, where parking spaces abut and no island exists. E) Waiver from the required maximum of 10 continuous parking spaces with no island. F) Waiver from striping requirement as single striped parking spaces are proposed and double striping is required. Mayor Schauer questioned the proposed sign, commenting that this was the same sign that the Village Council had voted against several years ago, and explained that residents had not liked the design. Mayor Schauer verified with Mr. McGuire that he had seen the plans made at the charrette. Mr. McGuire commented that the applicant had had a difficult time grasping what the Village Council would like and was prepared to make changes to the sign but needed direction. Mr. McGuire reviewed the conditions of approval. Mr. McGuire objected to the condition that landscape plans must be signed and sealed by a Florida registered landscape architect, and quoted from the Code: must be • signed and sealed by a licensed landscape architect or other professional per landscape code 481. Mr. McGuire Village Council Meeting Minutes July 24, 1997 Page 14 --------------- stated that Chapter 481 read that if the landscaping was in addition to an overall site plan that an engineer may also sign for the landscaping, which was the intent of the applicant. In regard to condition (5), Mr. McGuire explained that the agreement for construction/work within a Village right-of-way was now in the hands of the Felhaber's attorney for review. Mr. McGuire presented a building elevation, and explained the proposed improvements, including stucco and banding, and presented a color scheme in tones of brown. Councilmember Cameron expressed concern regarding the rear of the building. Mr. McGuire responded that the rear had originally been set up to be a service area, and that the owner now hoped to find smaller tenants to lease rear spaces and to convert the rear to look like a front; however, that was dependent upon leasing and was not before the Village Council for approval at tonight`s • meeting. Vice Mayor Hansen objected to the applicant's proposal as having too many things outstanding, that a landscape architect had not prepared the landscape plans, that the sign was the same as presented four years ago, that eight waivers were a considerable amount, and that there were ten parking spaces above Code requirements that could be converted into landscape areas. Vice Mayor Hansen stated that he would prefer that the applicant return with a plan that came closer to what the Village Council and the residents would like. Mr. McGuire questioned what other specific areas could be changed, to which Vice Mayor Hansen responded that he was concerned with procedural matters and would like to see a registered landscape architect used, proper forms submitted for construction, and the number of waivers reduced. Councilmember Capretta commented that three separate issues were involved: Landscaping Ordinance 377 compliance; the sign; and the building improvements front and back. Building Official Ladd verified that approval was sought at tonight's meeting for each of the three issues. Mr. Ladd explained that the applicant had a phasing plan with no time frame except to begin after the • season, phase one being everything in front including landscaping, signage, and facade; and phase two for • village Council Meeting Miautes July 24, 1997 Page 15 --------------- everything in the rear. Mr. Ladd verified that the applicant would have one year to institute Ordinance 377 improvements after receiving approval. Councilmember Capretta expressed concern that this applicant had shown lack of cooperation in the past. Mr. McGuire commented that the applicant was proposing to do all three items simultaneously with the building and paving to be done in the off season. The applicant proposed to start next May to do the front of the building, and stated they could do the sign before that. Councilmember Capretta commented that this same conversation had been held in the past, so that there was no reason to believe the applicant was now willing to commit to a schedule. Councilmember Capretta expressed his opinion that the Village should follow any legal basis they could and commented that he could not approve any plan unless there were financial assurances that the applicant would perform and a deadline for completion. Village attorney Randolph advised that a • schedule could be pinpointed, with a completion date, and a specific penalty agreed upon if not completed by that date. Councilmember Capretta advised Mr. McGuire that he should get a commitment from the people he represented for a schedule detailing when the work would be done. Mayor Schauer stated this was the last piece of important property on Tequesta Drive. Mayor Schauer commented on the nice appearance of other properties on the street, including Tequesta Oaks and Fidelity Federal's proposed improvements. Mayor Schauer commented that she did not like the applicant's proposed color scheme or sign, and stated that at the charrette a lot of ideas had been presented for the front and rear of this plaza. Mayor Schauer expressed her opinion that the applicant's color scheme did not go with that of other properties in the area. Mayor Schauer suggested to staff and to the Village Council that a workshop meeting be held with the Felhabers and all interested parties, including Lighthouse Gallery if they were interested, to review the charrette plans. The goal of the workshop would be to work out something amenable and very appealing to everyone in the community. village Council Meeting Minutes July 24, 1997 Page 16 --------------- Village Manager Bradford commented that phasing was not on the plans. Building Official Ladd explained that Mr. McGuire had sent a letter to the Village proposing beginning phase one in May, 1998 with completion by August 1998; and that no dates had been given for the phase two rear improvements. Mr. McGuire explained that the phases could not be simultaneous because of financial considerations, and if the right tenant could be secured for the rear then possibly phase two could begin in May, 1999. Mr. McGuire agreed that the applicant would be willing to do the sign improvements almost immediately upon Village Council approval. Village Manager Bradford suggested that the Village Council provide specific direction to the applicant. The requested outparcel was discussed. Councilmember Capretta commented that the Village should receive • something in exchange for granting the outparcel, which would be worth more than the rest of the shopping center, and stated that he wanted a firm schedule for phase one and phase two with financial guarantees. Councilmember Capretta recommended that the applicant submit a sign design to the Community Appearance Board for approval, and that the percentage of landscaping be raised to 15%. Councilmember Capretta commented that the outparcel could be discussed after these items had been accomplished. Mr. McGuire pointed out that the outparcel had no specific use assigned to it and that anything built there would require site plan approval, DRC review, and Community Appearance Board review, so it was not like the Village Council was giving the applicant approval for the outparcel at this time. Councilmember Capretta responded that approval of the site plan would be granting approval of the concept of an outparcel. Mayor Schauer explained that the Village Council would be approving a future outparcel of 6,000 square feet by approving the site plan. The applicant pointed out that the Village could use Code Enforcement if the schedule was not met. Village Attorney Randolph advised that a developers agreement • (declaration of use) could be written in regard to this parcel. Councilmember Capretta requested that a • Village Council Meeting Minutes July 24, 1997 Page 17 --------------- developers agreement be written, stated that he wanted cooperation like that displayed by Fidelity Federal, a firm schedule, and financial assurances that this time the work would happen, or there would be no outparcel approval. Vice Mayor Hansen stated he would like to see the applicant work further with staff to resolve outstanding items, and to come back with a plan by a registered landscape architect. Mr. McGuire commented that the applicant had pulled their application from the last agenda to work with staff and had reduced 14-15 conditions to only five, and that he did not want to leave this meeting without some sort of approval. Councilmember Cameron suggested that a condition of approval could be made restricting development of an outparcel until after everything else had been completed. Mayor Schauer requested addition of a hedge all along • Bridge Road, and expressed dissatisfaction with the appearance of the building exterior and color scheme. Mayor Schauer requested that the color scheme blend with other building colors in the area and that the applicant look at McCarthy's and Fidelity Federal's signs and come up with a happy medium. Mayor Schauer stated that she would go through a list of her concerns. Mayor Schauer requested that a new sign design be submitted. Mr. McGuire stated that color was not a big issue with the applicant. Mayor Schauer requested that the parking lot spaces be double striped for the benefit of senior citizens and that some compact spaces be considered. Village Manager Bradford requested that Building Official Ladd take notes so that none of the Village Council's comments would escape his attention. Mayor Schauer requested that a hedge be planted in the rear along the western part of the property on Bridge Road as she had mentioned earlier. Mayor Schauer stated she had no problem with using live oaks, black olives, Washingtonian palms and bougainvillaea. Mr. McGuire verified that the landscape islands would be irrigated and sodded. Mayor Schauer stated she had no problem with the mounting brackets used for the lighting, and questioned how late the parking lot would be lighted, to which Mr. McGuire • responded that he did not know. Mayor Schauer stated that if the future outparcel should be approved for a • village Council Meetiag Minutes July 24, 1997 page 18 --------------- restaurant that the parking lot should be lighted after 10 P.M. for safety. Mayor Schauer questioned whether the Washingtonian palm referred to in waiver #8 was a bush or tree, to which Mr. McGuire responded it was a tall tree. The Mayor commented that she did not know the differences in plants, to which Village Attorney Randolph responded that was why the ordinance required a registered landscape architect. Mr. McGuire again quoted from the ordinance that another licensed professional could prepare the plans, and stated that the proposed improvements were for twice as much drainage, curbing, etc., as landscaping, which was his justification that he as an engineer could prepare the landscape plans. Mayor Schauer stated that this matter would be studied. Mayor Schauer commented that Village residents would have to live with the plan presented, and that this was the only chance for this blighted area to become something that everyone in the Village could enjoy. Mayor Schauer • commented that many people over the years had told her how disappointed they were in Mr. Felhaber and had requested Village Council action. Mayor Schauer explained that the Village Council had worked with many other applicants, allowed phasing for financial considerations, and had been very lenient. Mayor Schauer questioned whether this application could return to the Village Council after they had been before the Community Appearance Board, to which Mr. Ladd responded that could only happen if the applicant wished to appeal the decision of the Community Appearance Board. Discussion ensued regarding approval by the Community Appearance Board. Mr. Ladd commented that if the Community Appearance Board dictated major site plan changes that it would have to come back to Village Council. Mayor Schauer commented on landscaping recommended at the charrette, and the fact that the Bridge Road merchants had expressed their intention to enhance their landscaping further after they saw what was done at Tequesta Plaza. Mayor Schauer questioned whether a condition of approval could be made to require that Mr. Felhaber use a landscape architect and come back to Village Council after Community Appearance Board approval, to which Mr. Ladd responded that could be done. • Vice Mayor Hansen commented that Mr. McGuire was talking • village Council Meeting Minutes July 24, 1997 Page 19 --------------- about not starting until May, 1998, yet wanted approval now. Vice Mayor Hansen suggested that agreement be reached to have a registered landscape architect, to follow Village procedures, and to have a workshop. Village Attorney Randolph advised the Village Council that they were not required to make a decision at tonight's meeting if they were not happy with the plans-- that they could defer action, have the applicant restudy the issues in light of their comments made tonight, and return at a later date. Councilmember Capretta agreed that the applicant should leave this meeting knowing exactly what they should do on phase one so that they could get approval in the near future. Mr. McGuire agreed that if approval was received in the next 90 days the applicant would have plenty of time to begin in May, 1998. Councilmember Capretta stated that referring to phase one only, the Village Council wanted the following • items: 1. Develop proposals for new signs by driving around the area and looking at other signs; and then developing 2-3 concepts compatible with the neighbors, and get approval of one of them by the Community Appearance Board. 2. Make the building colors compatible with neighboring properties, using the Tequesta Beige shade, and get approval from the Community Appearance Board. 3. Raise the landscaping percentage from 12o to 150, and instead of single palms to use groups of three. 4. Provide assurances that the work will be done, and agree to an agreement drawn up by the Village Attorney that if the sign and colors are made compatible, landscaping is increased to 150, and Community Appearance Board approvals are obtained, then the applicant would return before Village Council, a definite schedule would be worked out and if met then approval of the concept of an • outparcel would be granted. This agreement would not be restrictive unless the applicant did not village Council Meeting Minutes July 24, 1997 Page 20 --------------- meet his commitments. Village Attorney Randolph advised that such an agreement would need to be a condition of approval. Mr. McGuire stated he had no problem making such a condition. Mr. Ladd agreed. Village Attorney Randolph responded to Mayor Schauer that he would look at the code regarding the requirement for a landscape architect. Building Official Ladd stated that the code read just as Mr. McGuire had stated. Mr. McGuire stated he had done over 50 landscape plans in Indian River County so that he felt confident in his ability. Village Attorney Randolph commented he was not sure it was appropriate under the ordinance to return to the Village Council after Community Appearance Board. Mayor Schauer stated that Mr. McGuire would receive a copy of the minutes of this meeting and requested that Mr. Ladd write a formal letter to Mr. McGuire and to Mr. Felhaber giving direction as to everything discussed at this meeting. Village Attorney Randolph advised that it was not wise to put these items in writing in a letter because an estoppel situation could arise in the future with the applicant stating they had done everything asked in the letter and demanding approval. Village Attorney Randolph advised that if the Village Council did not see everything before them tonight that they needed to approve the application that could they simply defer and give direction to the applicant to restudy the application in light of the comments made at this meeting. The Village Attorney advised the Village Council not to hold up Ordinance 377 compliance by becoming bogged down in details regarding the building. Village Attorney Randolph stated it was enough to defer on the basis that the Village Council did not believe the application was good enough to approve tonight, with direction that it be restudied and brought back to the Village Council and with the applicant to take into account the comments that had been made at this meeting. Mr. McGuire stated he must now sift through all this and work with Mr. Ladd, and he would like this not to happen again. Mr. McGuire agreed that an appropriate time to • return before the Village Council would be the end of September or beginning of October. Village Council Meeting Minutes July 24, 1997 Page 21 Mac Goodner commented that he wished to verify the timing presented by the applicant to begin phase one in May 1998. Mr. Goodner explained that he and the other merchants who were tenants in Tequesta Plaza had requested that improvements not be made during the season, since it was extremely important to all of the merchants not to impede sales. Mr. Goodner advised that this plan was better than previous plans, agreed that colors should be matched with others in the area, commented that a similar sign was approved by the Community Appearance Board two years ago, that the present lighting was on from 6 p.m. to 4 a.m., that some of the charrette plans were not financially feasible without a major tenant, and that something should have been done to improve the center two years ago. Vice Mayor Hansen made a motion to defer consideration of the Tequesta Plaza site plan until the end of September, • 1997 or the beginning of October, 1997. Councilmember Cameron seconded the motion. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Alexander W. Cameron - for Joseph N. Capretta - for The motion was therefore passed and adopted. X. NEW BUSINESS A) Consideration of Designation of One Village Council Voting Delegate for the Florida League of Cities' 71st Annual Conference, Lake Buena Vista, Florida, August 21- 23. 1997. Village Manager Bradford announced that Mayor Schauer and Councilmembers Mackail and Cameron planned to attend the conference. • Vice Mayor Hansen made a motion to designate Mayor Schauer as the voting delegate for the Florida League of • village Council Meeting Miautes July 24, 1997 Page 22 --------------- Cities' Annual Conference. Councilmember Cameron seconded the motion. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Alexander W. Cameron - for Joseph N. Capretta - for The motion was therefore passed and adopted. B) Resolution No. 26-96/97 - Approving an Interlocal Agreement Between the Village of Tequesta and the Northern Palm Beach County Improvement District and Authorizing the Mayor to Execute the Same on Behalf of the Village. {Staff Recommends Approval) Village Manager Bradford explained that Northern Palm Beach County Improvement District was the lead permittee in the NPDES program, dealing with the federal government. Village Attorney Randolph read Resolution 26-96/97 by Title only. Councilmember Cameron made a motion to approve Resolution 26-96/97. Vice Mayor Hansen seconded the motion. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Alexander W. Cameron - for Joseph N. Capretta - for The motion was therefore passed and adopted. C) Resolution No. 27-96/97 - Expressing support for a Statewide Referendum on a Proposed Constitutional Amendment Known as the Wildlife Unification Amendment. (Staff Recommends Approval) • Village Manager Bradford explained that residents had requested Councilmember Capretta to bring this forward, • Village Council Meeting Minutes July 24, 1997 Page 23 --------------- and that the resolution stated the Village Council supported a State-wide referendum of a proposed Constitutional Amendment. The Village Manager commented that Sanibel Island had actually gone on record supporting both the amendment and the referendum. Councilmember Cameron and Mayor Schauer favored support of both the amendment and the referendum. Councilmember Capretta stated he did not know enough about this matter to support the amendment. Village Attorney Randolph read Resolution 27-96/97 by Title only. Village Manager Bradford advised if the Village Council wished to support both the amendment and the referendum that the verbiage for Statewide Referendum should be stricken. During ensuing discussion, consensus of the • Village Council was to leave the wording as read by the Village Attorney. Vice Mayor Hansen made a motion to approve Resolution 27- 96/97. Councilmember Capretta seconded the motion. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Alexander W. Cameron - for Joseph N. Capretta - for The motion was therefore passed and adopted. D) Resolution No. 28-96/97 - Approving an Agreement with the YMCA of the Palm Beaches to Provide Public Recreation Programs and Activities at the Tequesta Recreation Center, and Authorizing the Village Manager to Execute Same on Behalf of the Village. (Staff Recommends Approval) Village Manager Bradford explained that this agreement had been reviewed by the Public Works Committee and that • the Village Council had seen the same format previously. The Village Manager advised that adoption was needed if • village Council Meeting Miautes July 24, 1997 Page 24 --------------- the Village Council wished the programs to start in the fall of 1997. Public Works and Recreation Director Gary Preston verified that this Resolution did not grant the YMCA blanket authority to do night events, but gave them four nights a week closing at 10 P.M. through the week and 11:30 P.M, on weekends. Village Attorney Randolph read Resolution 28-96/97 by Title only. Vice Mayor Hansen made a motion to approve Resolution 28- 96/97. Councilmember Cameron seconded the motion. The vote on the motion was: Elizabeth A. Schauer - for • Carl C. Hansen _ for Alexander W. Cameron for Joseph N. Capretta - for The motion was therefore passed and adopted. Mayor Schauer passed the gavel to Vice Mayor Hansen and left the meeting briefly at 10:10 P.M. E) Consideration of Bid Award to County Contractor Ranger Construction Industries, Inc., of West Palm Beach, Florida, for the Annual Street Paving Contract, in the Amount of $51,744.00, with Funding to be Provided from the Capital Improvement Fund, Having a FY 1996/1997 Budget Allocation of $58,500. (Staff Recommends Approval) Public Works and Recreation Director Gary Preston answered Vice Mayor Hansen's question regarding competitive bidding, and explained that the Village was piggybacking the County's contract which had already gone through competitive bidding, and the funding was from this year's budget. Mr. Preston explained that it was • being done late in the year this year because the Seabrook Road project needed to be finished first, and in subsequent years the paving would probably take place Village Council Meeting minutes July 24, 1997 Page 25 --------------- during the summer. The work would take approximately three days. Mayor Schauer returned to the meeting. Councilmember Capretta made a motion to approve the Bid Award to County Contractor Ranger Construction Industries, Inc., of West Palm Beach, Florida, for the Annual Street Paving Contract, in the amount of $51,744.00 with funding from the Capital Improvement Fund. Councilmember Cameron seconded the motion. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Alexander W. Cameron - for Joseph N. Capretta - for • The motion was therefore passed and adopted. G) Resolution No. 29-96/97 - Adopting Specific Policies Pursuant to the Community Development Block Grant (CDBG) Hurricane Opal/DR-1074 Requirements. (Staff Recommends Approval) Village Manager Bradford explained that the policies which would be adopted by approving this Resolution were: 1. A Citizen Participation Plan 2. Citizen Complaint Policy 3. Procurement Policy 4. Section 504 Self-Evaluation per the ADA 5. Transition Plan pursuant to the ADA Village Manager Bradford explained that the last two items had already been done, and the first three items were applicable to the CDBG program only, and were required in order to move forward with the application. Mayor Schauer asked who had done the research on this matter, which was very detailed. Village Manager Bradford responded that he had done the research. • Village Attorney Randolph read Resolution 29-96/97 by Village Council Meeting Minutes July 24, 1997 Page 26 --------------- Title only. Councilmember Cameron made a motion to approve Resolution 29-96/97. Vice Mayor Hansen seconded the motion. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Alexander W. Cameron - for Joseph N. Capretta - for The motion was therefore passed and adopted. H) Resolution 30-96/97 - Approving the Community Development Block Grant Award Agreement with Associated Forms and Authorizing the Mayor to Sign the Same on Behalf of the Village. (Staff Recommends Approval) • Village Manager Bradford commented that this was an agreement from DCA in Tallahassee. Village Attorney Randolph read Resolution 30 96/97 by Title only. Vice Mayor Hansen made a motion to approve Resolution 30- 96/97. Councilmember Capretta seconded the motion. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Alexander W. Cameron - for Joseph N. Capretta - for The motion was therefore passed and adopted. I) Resolution No. 31-96/97 - Authorizing the Village Manager to Request Funds from the Department of Community Affairs, Designate the bank account and Financial Institution where CDGB Funds are to be Deposited and to Execute the Agreements or Sign Amendment Requests, • Reports, or Other Contractually Required Documents in Order to Properly Administer the CDGB Contract Number Village Council Meeting Minutes July 24, 1997 Page 27 --------------- 98DB-3M-10-60-15-L05 Hurricane Opal/DR-1074 Disaster Recovery Funding (Staff Recommends Approval) Village Manager Bradford explained that the Department of Community Affairs required that formal action be taken to designate the party to handle these matters. Village Attorney Randolph read Resolution 31-96/97 by Title only. Councilmember Cameron made a motion to approve Resolution 31-96/97. Councilmember Capretta seconded the motion. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Alexander W. Cameron - for • Joseph N. Capretta - for The motion was therefore passed and adopted. J) Resolution No. 32-96/97 - Accepting the Terms and Conditions of the Palm Beach County Emergency Medical Services (EMS) Grant Award; Certifying that Monies from the EMS Grant Award will Improve and Expand Pre-Hospital Services in the Tequesta Fire-Rescue Coverage Area, will not by Used to Supplant the Tequesta Fire-Rescue Budget Allocation and Meets the Goals and Objectives of the EMS County Grant Plan. (Staff Recommends Approval) Village Manager Bradford reported that Fire Chief Weinand had informed him that this Resolution was required as part of the EMS award application under which new equipment would hopefully be obtained through a grant. Village Attorney Randolph read Resolution 32-96/97 by Title only. Vice Mayor Hansen made a motion to approve Resolution 32- 96/97. Councilmember Capretta seconded the motion. The • vote on the motion was: • village Council Meeting Minutes July 24, 1997 Page 28 --------------- Elizabeth A. Schauer - for Carl C. Hansen - for Alexander W. Cameron - for Joseph N. Capretta - for The motion was therefore passed and adopted. K) Consideration of Appeal of Special Master Order in Village of Tequesta v. Robert Shaw. Mayor Schauer expressed concern that Building Official Ladd had left for the evening, since she had several questions to ask him. Village Manager Bradford explained that the Special Master had ruled that Mr. Shaw did not have to submit a plan by a landscape architect based on her opinion that the Community Appearance Board and Department of Community Affairs had through their actions waived that part of the code. This was not a good precedent; however, in order to change that decision the matter would have to be appealed to the Circuit Court. Village Manager Bradford recommended against an appeal. It had been recommended that the Village could find another way to require Mr. Shaw to comply, which would be to refuse to sell him the Village land adjacent to his shopping center which he wished to purchase. The Village Manager commented that if the Village Council did not wish to involve the land that they could allow Mr. Shaw to come before them with the drawing he had done himself which had been approved by the Community Appearance Board. Village Manager Bradford recommended that in either case, the Village Council make it very, very clear to Building Official Scott D. Ladd that he must not accept plans except as pursuant to the code. Mayor Schauer inquired how this could have been approved by the Community Appearance Board, and stated she found it hard to believe that nobody on the Community Appearance Board knew there was no seal from a landscape architect on Mr. Shaw's plans. • Village Attorney Randolph commented that the mistake had happened and this did not mean that in the future other • Village Council Meeting Minutes July 24, 1997 Page 29 --------------- people could submit plans without a landscape architect; but meant in this particular case that neither the Community Appearance Board or the Department of Community Development had advised Mr. Shaw during this entire process, which was apparently fairly lengthy, that he must have a landscape architect. Village Attorney Randolph quoted from a transcript from the Special Master hearing, where the Special Master discussed the Community Appearance Board and the Department Of Community Development: This was their job. They know that this was the ordinance. If there was a little piece of this ordinance missing that he should be doing, I think somebody in this process should have told him. I don't see it in this letter to him. To me, if I was just a regular Joe reading this letter, I'd say, Oh good, I'm finally through this, I just need to give them 15 additional copies and that's all. So I'm going to find • the Respondent in compliance. I don't see, you know, what you could do, etc. Village Attorney Randolph stated that all this was about was that the Special Master felt the Village waived their right to require a landscape architect when it was never mentioned to Mr. Shaw, and that this decision was bound to this particular case only and would not affect future applicants. Village Attorney Randolph explained that this decision did not mean that Mr. Shaw did not have to appear before the Village Council, however, the Special Master had stated that the Village Council did not have to accept his plan. Mayor Schauer stated that staff should be directed that they shall never accept landscape plans without the seal of a landscape architect. Mayor Schauer commented that at the recent Finance and Administration Committee, the Village Manager had presented an appraisal on the property Mr. Shaw desired to purchase for parking purposes, and had expressed his opinion that the Council should not allow the purchase and should fence the property off immediately if Mr. Shaw did not obtain a landscape architect. Village Manager Bradford commented that although he had • previously recommended that action that he was now recommending against it. Councilmember Capretta stated • village Council Meeting Minutes July 24, 1997 Page 30 --------------- that he had previously agreed, but now favored forgetting it, since the decision would not restrict the Village's rights in the future. Councilmember Capretta stated that if the Village Council did not like Mr. Shaw's plan they could turn it down. Councilmember Capretta stated that the Community Appearance Board and Mr. Shaw must be informed that they should be chastised for not following the resolution. Vice Mayor Schauer commented that Mr. Ladd should be informed first. Village Manager Bradford commented that this very issue was Mr. Shaw's complaint from day one--that he did not want to hire a landscape architect, and recommended that if Mr. Shaw did not buy the property that a fence should be put up to assure he did not use it. Councilmember Capretta agreed that a fence should be erected if Mr. Shaw did not buy the property. After further discussion, Councilmember Cameron recommended that the Village Council separate the two issues--ignore the problem that staff and the • Community Appearance Board had made a mistake, and treat Mr. Shaw's plan on its merits. Councilmember Cameron recommended that Mr. Ladd and Community Appearance Board be admonished. Village Attorney Randolph commented that Mr. Ladd had testified at the hearing that Mr. Shaw knew about this requirement but the Special Master had stated she saw nothing in the minutes that indicated Mr. Shaw had been informed. The Village Attorney commented that nothing had been put in writing, but he believed that Mr. Shaw had been verbally advised. Mayor Schauer announced that consensus of the Village Council was not to appeal the decision of the Special Master and to offer the parcel of land for sale to Mr. Shaw. In response to Councilmember Capretta's question of who was responsible to put up the fence, Village Manager Bradford stated that Water Department Director Tom Hall would be responsible to put up the fence, and directed Mr. Hall to erect the fence if Mr. Shaw did not purchase the parcel. Wade Griest stated he would like to see that this had no reflection on the Special Master and that in this case, from the material presented to the Special Master, she • had made the decision she should have made. Mr. Griest commented that although this was a sad case with many • village Council Meeting Minutes July 24, 1997 Page 31 --------------- mistakes made, the Special Master had not made any mistakes and was doing an outstanding job. L) Consideration of Acceptance of Regional Roadway Mediation Accord and Local Government Recommendations Pertaining to Implementation. Village Manager Bradford explained that the establishment of a local planning agency pursuant to Chapter 163 of the Florida Statutes by way of an interlocal agreement between the parties could benefit Tequesta. Each of the governments would appoint members (elected officials or residents or both) to the LPA to make recommendations to the governing bodies of each government relative to comprehensive planning associated with the identified regional roadways which were a part of the Mediation Hearings. These roadways would include Country Club Drive, possibly Tequesta Drive, the Connector Road, the Western Connector, Longshore/Northfork Drive, Church Street, and Loxahatchee River Road. This would mean that the LPA would make specific recommendations to the Village Council regarding what should be done and the Village Council would have to vote on it. Village Manager Bradford explained that this would create a forum for people to be heard. Mayor Schauer commented that there was no mention of Country Club Drive in the accord because there had always been an objection. Ed Resnick, Country Club Drive, commented that his objective through participation in the mediation was to maintain a safe traffic flow on Country Club Drive, and that now was the time to do something before residents returned for the season. Mr. Resnick explained that Country Club Drive was not specifically mentioned in the accord because other roads had the same problems. Mr. Resnick explained that the statement in the accord which authorized action by the Village Council was: We also support controlling traffic impact through reasonable traffic calming and enforcement of traffic regulations on all our roadways. Mr. Resnick commented that traffic calming measures did work, gave credit to the Police • Department for enforcing speed limits, and commented Neil Vander Waal had asked for landscaping to provide a canopy Village Council Meeting Minutes July 24, 1997 Page 32 --------------- effect on Country Club Drive be considered. Mr. Resnick expressed his hope that something would be done before the season started. During ensuing discussion, Vice Mayor Hansen commented that the LPA would be good, however, expressed concern that the LPA might go beyond its scope of intent. Village Manager Bradford explained that the LPA was a recommending body which could take no specific action, but that a designee could come before the Village Council. Mr. Bradford explained that the Village Council was being asked whether to have Attorney Baird to draft an interlocal agreement. Councilmember Capretta commented that he believed the mediation process was useful, and that it had come up with the Western Corridor, although he had seen no plan to proceed with it. Councilmember Capretta stated that the Village Council should have a workshop to discuss their position . on that road, whether they believed it was still appropriate to have the Safe Neighborhood District in effect, and to decide on traffic calming measures; and stated that he was interested in things that the Village could do. Mayor Schauer requested that the Village Manager Bradford contact Mayor Harris of Juno Beach asking him to forward the book regarding traffic calming that he had had at the Mayor's meeting. Mayor Schauer requested that the Village Manager Bradford contact Mr. Lockwood of West Palm Beach to make a presentation to the Village Council regarding traffic calming, and commented that he was making a presentation in October to the Town of Juno Beach. Vice Mayor Hansen made a motion to give direction to Village Manager Bradford to contact Attorney Tom Baird to begin work on the interlocal agreement regarding the roadway mediation. Councilmember Cameron seconded the motion. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Alexander W. Cameron - for • Joseph N. Capretta - against • village Council Meeting Minutes July 24, 1997 page 33 --------------- The motion was therefore passed and adopted. M) Ordinance - First Reading - Amending Chapter 10, Article VIII, of the Village Code of Ordinances Relating to Composting so as to Rescind Section 10-73 Relating to Penalties; Providing for Severability; Providing for Repeal of Ordinances in Conflict; Providing for Codification; Providing an Effective Date. (Staff Recommends Approval) Village Manager Bradford explained that a resident had pointed out an error in the code relating to composting, which was being corrected to remove the reference to misdemeanor. Village Attorney Randolph read the above Ordinance on First Reading by title only. • Vice Mayor Hansen made a motion to adopt the Ordinance on First Reading by title only. Councilmember Cameron seconded the motion. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Alexander W. Cameron - for Joseph N. Capretta - for The motion was therefore passed and adopted. N) Resolution No. 33-96/97 - Approving a Gee & Jenson Public Safety Facility Complex Proposal for Certain Items Not Included in the Scope of Services in the Original Gee & Jenson Professional Services Agreement Approved by Village Council on June 12, 1997, and Authorizing the Village Manager to Execute the Same on Behalf of the Village. (Staff Recommends Approval) Village Manager Bradford explained that the Gee & Jenson architectural contract approved by the Village Council did not include certain items such as study andlor design • of the emergency generator, communications systems, lightning protection, and an antenna for public safety • village Council Meeting Minutes July 24, 1997 Page 34 --------------- facilities. Destructive investigation, hazardous material analysis and abatement if needed, and GEO Technical services would have to be contracted out by the Village. Funds would come from the Barnett Bank letter of credit which would be repaid from the bond issue. The Village Attorney read Resolution 33-96/97 by Title only. Councilmember Cameron made a motion to adopt Resolution 33-96/97. Vice Mayor Hansen seconded the motion. The vote on the motion was: Elizabeth Carl C . H. Alexander Joseph N. • The motion was A. Schauer - for ~nsen - for W. Cameron - for Capretta - for therefore passed and adopted. O) Adoption of the Proposed Millage Rate (6.6310) Necessary to Provide the Ad Valorem Taxes Required to Balance the Tentative Fiscal Year 1998 General Fund Budget. Mayor Schauer explained that this item had been pulled because she wanted direction from the Village Council regarding a much deserved merit increase for the Village Manager. Mayor Schauer commented that she believed the Village Manager had met or exceeded each of the Village priorities and had done an outstanding job regarding the Jupiter water issue, roadway issues, holding of vacant land, implementing facilities, and improving drainage by implementation of a Stormwater Utility, and deserved a merit increase. Mayor Schauer recommended that the Village Councilmembers evaluate the Village Manager. Vice Mayor Hansen agreed that the Village Councilmembers should individually evaluate the Village Manager. Councilmembers Capretta and Cameron agreed. Councilmember Capretta stated that the Mayor should be directed to be sure there was enough money in the budget to cover the amount of the merit increase. Village • Manager Bradford stated that he would distribute the evaluation form to the Village Councilmembers and would • Village Council Meeting D~inutes July 24, 1997 Page 35 --------------- include a survey of salaries as requested by Mayor Schauer. Councilmember Capretta made a motion to adopt the proposed millage rate (6.6310) necessary to provide the ad valorem taxes required to balance the tentative fiscal year 1998 general fund budget. Vice Mayor Hansen seconded the motion. The vote on the motion was. Elizabeth A. Schauer - for Carl C. Hansen - for Alexander W. Cameron - for Joseph N. Capretta - for The motion was therefore passed and adopted. • XI. ANY OTHER MATTERS Vice Mayor Hansen requested discussion of hurricane preparedness. Village Manager Bradford reported that the public plan went into effect when there was a hurricane watch and a hurricane warning triggered other steps. Generally, during a watch the process consists of telling people on the barrier islands to make plans to evacuate, move boats, etc, since at warning stage bridges might be up so that evacuation would be difficult. At a hurricane warning, Tequesta would tell all residents to evacuate because of the danger of storm surge for all categories of hurricanes. Village Manager Bradford explained there was no designated shelter in Tequesta because the entire Village could be underwater. Mayor Schauer reported receipt of a fax from the U.S. Department of Agriculture that the South Florida Urban Resources Partnership meeting would be held on 7/29/97 from 2:30 to 5:00 P.M. at West Palm Beach City Hall in the Commission meeting room at 200 Second Street, West Palm Beach. Since no Councilmembers were interested in attending, Mayor Schauer stated she would return their questionnaire and advise that the Village Council was not interested in participating. • Councilmember Cameron reminded the Village Council of a meeting Monday, July 28 at 4 P.M. regarding the bullet train, • village Council Meeting Minutes July 24, 1997 Page 36 --------------- which he planned to attend. Village Manager Bradford explained that the Village had a defined benefit plan for Police, Fire, and General Employees. General Employees had indicated their desire for a defined contribution plan, which would cost the Village less. After discussion, it was the consensus of the Village Council that this matter should be researched. Village Attorney Randolph advised that during consideration of agenda item 10(P) regarding the millage rate that the millage rate had not been read. Village Attorney Randolph read the millage rate of 6.6310. Peggy Virhoven commented regarding the defined contribution plan that there were two years of good years left for the stock market. • Ed Resnick commented that Councilmember Capretta had indicated it was time the Village Council got together to make sure the traffic laws, speed, etc., were enforced, and questioned when that would happen. Mayor Schauer advised that a traffic calming presentation would be made in October and the Village Council would discuss it at that point. Village Manager Bradford advised that there would be a Public Safety meeting on August 1. XII. ADJOURNMENT Vice Mayor Hansen moved that the meeting be adjourned. Councilmember Capretta seconded the motion. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Alexander W. Cameron - for Joseph N. Capretta - for the motion was therefore passed and adopted and the meeting was adjourned at 11:25 P.M. • Village Council Meeting Minutes July 24, 1997 Page 37 --------------- Respectfully submitted,/ ~a--«-~ Betty Laur 1 Recording Secretary ATTEST: J ann Mangani to Village Clerk DATE APPROVED: ~ i~ 1997 •