HomeMy WebLinkAboutMinutes_Regular_01/09/1997•
VILLAGE OF TEQUESTA
Post Office Box 3273 357 Tequesta Drive
Tequesta, Florida 33469-0273 (407) 575-6200
Fax: (407) 575-6203
VILLAGE OF TEQUESTA
VILLAGE COUNCIL
MEETING MINUTES
JANUARY 9, 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,
January 9, 1997. The meeting was called to order at 7:03 P.M.
by Mayor Ron T. Mackail. A roll call was taken by Betty Laur,
• Recording Secretary. Councilmembers present were: Mayor Ron
T. Mackail, Vice Mayor Elizabeth A. Schauer, Joseph N.
Capretta, Carl C. Hansen, and Michael R. Meder. Also in
attendance were: Village Manager Thomas G. Bradford, Village
Attorney John C. Randolph, Village Clerk Joann Manganiello,
and Department Heads.
II. INVOCATION AND PLEDGE OF ALLEGIANCE
Mayor Mackail gave the Invocation and led those in attendance
in the Pledge of Allegiance to the American Flag.
III. APPROVAL OF AGENDA
The following additions to the agenda under ANY OTHER MATTERS
were requested:
Councilmember Capretta requested discussion regarding the
Gallery Square parking lot. Vice Mayor Schauer requested
discussion regarding the Policemen's and Firemen's banquet.
Village Manager Bradford requested addition to the agenda of
• item IX (F), Resolution 8-95/96 Designating Polling Locations
Recycled Paper
• Village Council
Meeting Minutes
January 9, 1997
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in Tequesta.
Councilmember Meder made a motion to approve the Agenda as
amended. Vice Mayor Schauer seconded the motion. The vote on
the motion was:
Ron T. Mackail - for
Elizabeth A. Schauer - for
Joseph N. Capretta - for
Carl C. Hansen - for
Michael R. Meder - for
The motion was therefore passed and adopted and the Agenda
was approved as amended.
• IV. COMMUNICATIONS FROM CITIZENS (NON-AGENDA ITEMS)
There were no communications from citizens.
V. PRESENTATIONS AND PROCLAMATIONS
(A) Presentation of Proclamation of Appreciation to Ivah
London Upon her Retirement as Customer Service
Representative.
Mayor Mackail read aloud the Proclamation to Ms. London
and presented her with the Proclamation and a watch in
appreciation of her good work for the Village during the
past 17 years.
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.
• Village Council
Meeting Minutes
January 9, 1997
Page 3
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The following items were listed on the Consent Agenda:
VI. APPROVAL OF MINUTES AND REPORTS
*A) Village Council Meeting; December 12, 1996
*B) Special Village Council Meeting; December 6, 1996
*C) Village Manager's Report; December 9, 1996
January 3, 1997
IX. NEW BUSINESS
•
*E) Consideration of Authorizing Purchase of One (1)
1997 Chevrolet 2500 3/4 Ton 4x4 Pick-up Truck in
the Amount of $19,997 from Lou Bachrodt Chevrolet
of Pompano Beach, Florida, Pursuant to the 1997
State of Florida Annual Contract, Southern
District, having an FY 1997 Budget Allocation of
$10,000 each from Public Works Capital Equipment
and Stormwater Utility Capital Equipment. (Staff
Recommends Approval)
Motion was made by Councilmember Hansen to approve the Consent
Agenda as presented. The motion was seconded by Vice Mayor
Schauer. The vote on the motion was:
Ron T. Mackail - for
Elizabeth A. Schauer - for
Joseph N. Capretta - for
Carl C. Hansen - for
Michael R. Meder - for
The motion was therefore passed and adopted and the Consent
Agenda was approved as presented.
VII. COMMITTEE REPORTS
A) Finance and Administration Committee; December 5, 1996
• Village Manager Bradford reported that at this meeting
• Village Council
Meeting Minutes
January 9, 1997
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options to increase the cost of holding vacant land in
the central business district had been reviewed, which
was one of the Village Council's top five priorities for
the current year. Five projects had been considered:
1. New roadway and landscaping from Village Boulevard
to Tequesta Drive
2. Street lights for Old Dixie Highway
3. Streetscape for Old Dixie Highway
4. Water main extension
5. Tri Rail passenger station consisting of land for
the station and parking just off of Old Dixie
Highway
• The Committee requested that the Village Manager contact
Northern Palm Beach County Improvement District relative
to a concept for recreational facilities in the central
business district; and determined that the Village needed
to re-establish contact with Lighthouse Gallery relative
to their plans and proposed new location within the
central business district. Village Manager Bradford
reported that those items were underway and that as soon
as a reply was received from the Northern Palm Beach
County Improvement District, another meeting of the
Committee would be held.
Motion was made by Vice Mayor Schauer to approve the
report of the Finance and Administration Committee for
December 5, 1996. The motion was seconded by
Councilmember Hansen. The vote on the motion was:
Ron T. Mackail - for
Elizabeth A. Schauer - for
Joseph N. Capretta - for
Carl C. Hansen - for
Michael R. Meder - for
• The motion was therefore passed and adopted.
• Village Council
Meeting Minutes
January 9, 1997
Page 5
A) Public Works Committee; December 17, 1996
Village Manager Bradford reported that the focus of this
meeting had been the status of programs and services at
the Tequesta Recreation Center.
Recreation Director Gary Preston updated the Committee
regarding the inability of the YMCA to underwrite 1000 of
the cost for a professional recreation director to
oversee recreation; and recommended that the Village
partially underwrite the cost to the extent of $15,000
per year for two years-- $6,000 of which would come from
utility accounts in his existing budget by virtue of the
facility not being in operation at this point. The
Committee accepted Mr. Preston's recommendation.
The other item discussed at this meeting was a status
report on the central garage project. Tom Hall, Water
System Manager, reviewed contractual problems with the
contractor, which seemed to have been overcome at that
point. Village Manager Bradford reported that the work
was now proceeding well.
Neighbors near the Village Hall property had expressed
concerns regarding the three dumpsters behind Village
Hall, and that matter had been discussed.
Motion was made by Councilmember Hansen to approve the
report of the Public Works Committee for December 17,
1996. The motion was seconded by Councilmember Meder.
The vote on the motion was:
Ron T. Mackail - for
Elizabeth A. Schauer - for
Joseph N. Capretta - for
Carl C. Hansen - for
Michael R. Meder - for
• The motion was therefore passed and adopted.
• Village Council
Meeting Minutes
January 9, 1997
Page 6
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IX. NEW BUSINESS
A) Discussion with Florida Power & Light Officials Regarding
Location Options for Transmission Line to Hills
Substation.
Rod Macon and Dan Morani were present as representatives
of Florida Power and Light Company. Mr. Macon reviewed
the events which had taken place at the October 23, 1996
Village Council Workshop, where discussion had been held
regarding the proposed route for this project, beginning
in south Jupiter and running through Jupiter and Tequesta
up to the Hills substation at Countyline Road and U.S.
One. At that time, FPL's initial inclination had been to
go through Tequesta up the west side Old Dixie Highway to
Countyline Road and then east along the north side of
Countyline Road to the substation located on the north
• side; and had sought input from the Village as to whether
there were any compelling reasons that another route
should be considered. Discussion had taken place
regarding whether to go along Old Dixie or U.S. One, and
the Village Council had expressed a preference for the
west side of Old Dixie Highway. A critical factor to
that particular route was that a deal must be made with
the FEC Railway because the roadway pavement ran along
the extreme west side of the right-of-way so that in
places the pavement was actually within 1-1/2 feet of the
right-of-way, making it impossible to place poles on the
west side of the road without an easement from the FEC
Railroad. The Village Council had expressed their second
choice as the east side of Old Dixie if it was impossible
to use the west side, with U.S. One being a distant third
choice. In November, FPL had made an offer for a 15-foot
easement along Old Dixie at a very good price but had
been told the railroad was not interested. Mr. Macon
reported that because of the impasse with the railroad,
FPL planned to pursue the second option of the east side
of Old Dixie Highway, and had returned at the Village
Manager's request in case any further discussion was
needed.
• Councilmember Meder agreed that short of purchasing the
. Village Council
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January 9, 1997
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railroad, FPL had no choice other than the second option
decided upon at the October 23 workshop. Councilmember
Hansen indicated he had spoken strongly in favor of the
Old Dixie route at the October workshop; however, had
reconsidered and now favored the U.S. One route because
Old Dixie was relatively free of poles and U.S. One had
existing poles. Councilmember Capretta expressed concern
that the east side of Old Dixie was not appropriate
because it would become residential development in the
future; and questioned whether the primary area of
concern was only approximately ~ mile long, immediately
north of Tequesta Drive up to Village Boulevard. Mr.
Morani explained that there was a very long stretch
between Tequesta Drive to Countyline Road where the
available space was not enough to accommodate poles
without an easement from the FEC Railroad. Mr. Morani
explained that a combination of private easements and
• road right-of-way with sufficient clearance would allow
installation with no problems south of Tequesta Drive on
the east side of Old Dixie. Councilmember Capretta
questioned whether the transmission lines could be added
to existing poles located along U.S. One, to which Mr.
Moroni responded that new, larger poles would be needed,
which would either interfere with existing underground
utilities and/or encroach on the private properties along
the roadway; however, with sufficient rights that route
would be possible, just as it would be possible along the
east side of Old Dixie in the space currently occupied by
a pole line. No land rights would be needed for the east
side of Old Dixie, however, there would be costs involved
with reconstruction of the pole line. Vice Mayor Schauer
reported that the television show Good Morning America
had recently presented a story of power companies being
sued in California for erecting overhead transmission
lines near homes, and expressed her opinion that the
lines could have been run underground for approximately
the amount now being spent on attorneys to defend the
lawsuit. Mayor Mackail questioned the reasons for FEC
declining the easement offer, to which Mr. Macon
responded that FEC was apparently not interested in doing
business with FPL because of a recent dispute over the
• amount of increases for annual fees, although that had no
relation to this matter. In response to Mayor Mackail's
• Village Council
Meeting Minutes
January 9, 1997
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question regarding where the line would be placed if a
route along the east side of Old Dixie were used, the
response was that near the intersection of Countyline
Road the line would go through property owned by FPL, and
then across to the north side of Countyline Road and run
parallel to Countyline on the north side of the street
east to the substation, terminating the line inside the
substation. The route through Jupiter was described as
east out of the substation near Admiral's Cove to Old
Dixie Highway to the bridge over the Loxahatchee River,
then along the east side of Old Dixie up to Tequesta
Drive. Mayor Mackail commented that the U.S. One route
was already more commercial than Old Dixie and there
would be no negative impact on possible future
development in the downtown area. Councilmember Capretta
favored underground installation from Tequesta Drive to
Village Boulevard; however, Mr. Moroni explained that the
. cast would be prohibitive, and Mr. Macon commented that
millions of dollars would be added to the cost of the
job.
Discussion regarding the feasibility of a U.S. One route
ensued. Mr. Moroni explained that it was technically
feasible, but would require reconstruction of the circuit
to a larger pole line with larger, broader poles
requiring approximately a 5-foot diameter space at the
base, and easements from all adjacent property owners.
Guy wires would only be needed on poles where a 90-degree
turn was made for a corner.
Joe Hall questioned whether the proposed Countyline Road
route would run too close to 2-story homes in Tequesta
Hills, to which Mr. Macon responded that the route had
been moved to the north side of the road because of that
concern.
Councilmember Hansen commented that he had read that
Florida's rates for electricity were cheaper than in
other parts of the country, and expressed his opinion
that residents should be prepared to pay more to gain
aesthetics. Mr. Hansen commented that in the Country
• Club community there were many power lines both in front
and in back, and that it was time to put a halt to FPL's
Village Council
Meeting Minutes
January 9, 1997
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placing lines indiscriminately, so that in future
development the Village must consider doing something to
make the situation better, and that power companies had
not done much to help aesthetics. Mr. Macon responded
that underground installations were prohibitively
expensive, however, developments had the choice and if
they were willing to pay for it that FPL would always do
an underground installation. Councilmember Capretta
commented that the Village should not allow installation
along the east side of Old Dixie between Tequesta Drive
and Village Boulevard. Mr. Macon explained that FPL did
not need Village approval, but had come to tonight's
meeting to provide information on the current situation.
Discussion ensued regarding the route priorities decided
at the October 23 workshop meeting. Mayor Mackail stated
• that if feasible to route along U.S. One, that would now
be his first choice, and requested that FPL explore that
option. Mr. Macon suggested another option: to route
along the east side of Old Dixie and then let future
developers include underground installation as part of
their projects. Councilmember Capretta requested a
dollar figure for the estimated cost of the Route One
route versus Old Dixie, which the FPL representatives
explained could not be provided since no research had
been done regarding U.S. One. During ensuing discussion,
Councilmember Capretta stated that the message to FPL was
that the Village did not want the line on the east side
of Old Dixie between Tequesta Drive and Village
Boulevard. Mr. Macon explained that at the October
workshop the Village Council had told FPL to stop looking
at the U.S. One route, therefore, no cost figures had
been developed. Councilmember Hansen commented that at
that meeting it had been believed the easement with the
FEC Railroad would be accomplished.
Councilmember Capretta made a motion that Florida Power
and Light Company try to route the transmission line over
the bridge from Jupiter to Route One, preferably up the
east side of Route One, to Countyline Road, arxoss the
• property owned by FPL, and to continue along Countyline
• Village Council
Meeting Minutes
January 9, 1997
Page 10
Road to the substation; and not to route the line on
either side of Old Dixie Highway. Councilmember Hansen
seconded the motion. During discussion of the motion,
Councilmember Meder commented that he believed it was
improper to move the transmission line to the business
district, which he considered would be more unsightly
than near the existing utility route of Alternate AlA and
that adding cost to this project was not in the best
interests of the Village. In response to Mayor Mackail's
question of which would be the lesser of two evils--to
have power lines near residential development or in the
business district, Councilmember Meder responded that
these lines would be very high in the air and saw no
reason to do any favors to the owner of this undeveloped
property who was unwilling to do almost anything the
Village requested. Vice Mayor Schauer requested and
• received verification from the FPL representatives that
they did not need Village Council approval for this
project, but were consulting the Village as a courtesy.
Mayor Mackail commented that there should be some form of
synchronization between Tequesta and Jupiter in this
project and requested that the FPL representatives
express to Jupiter the Village's position and why they
considered the U.S. One route better. Mr. Macon
explained that the Town of Jupiter did not want the route
on U.S. One and they had considered paying FPL to take
down the lines already there and putting them
underground. The vote on the motion was:
Ron T. Mackail - for
Elizabeth A. Schauer - for
Joseph N. Capretta - for
Carl C. Hansen - for
Michael R. Meder - against
The motion was therefore passed and adopted.
B) Discussion Regarding Adelphia Cable Franchise Renewal
Request and Setting of Public Hearing Pursuant to the
• Cable Communications Policy Act of 1984.
• Village Council
Meeting Minutes
January 9, 1997
Page 11
Village Manager Bradford indicated that a letter dated
October 31, 1996 had been received from Adelphia Cable
indicating that pursuant to the 1984 Cable Act they
wished to begin the renewal process for their franchise
for CATV service within the Village. The Village Manager
commented that this was a rather complicated matter,
since there were several pieces of legislation which
applied, and the letter provided a copy of the applicable
section of legislation, which called for a public hearing
to receive input from the public. The Village Manager
questioned whether the Village Council wished to proceed
with the public hearing or to first have staff hold
discussions with Adelphia. Village Manager Bradford
explained that notice of the public hearing could be
given in the newspaper or in the Village newsletter.
Councilmember Capretta compared the Adelphia Cable
• renewal to renewals for waste management, wherein public
input was obtained and then negotiations were held to
obtain the best rate, etc. Councilmember Capretta
explained that many times a deal better than the previous
contract was offered by waste management in order to
avoid competitive bidding. Councilmember Capretta
questioned what issues the Village could raise during
negotiation with Adelphia, and commented that the
channels offered could be an issue, since many older
citizens would like to have a channel showing old movies
and the history channel. The history channel was now
offered after months of promising it would be added.
Negotiations could address possibly including more
channels in the basic rate. Mr. Capretta commented that
Tequesta citizens could not get a channel such as Turner
Classic Movie channel even by paying extra, even though
it was advertised on TV all the time with the message to
call your cable company to have it added.
Village Attorney Randolph advised that it would not be
proper to include rates in the negotiations, and probably
not programming either. The Village Attorney advised
that any cable company could come into the Village, but
that it was very difficult when another cable company was
• already there. Village Attorney Randolph advised that
the Village had a lot of power under the Act, and needed
• Village Council
Meeting Minutes
January 9, 1997
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to have a basic understanding of what items could be
negotiated, one of which was complaints of residents
about getting through to the cable company; and explained
that in light of changes in legislation there were a lot
of things that could be requested during negotiation.
Village Attorney Randolph explained that informal
negotiations could be entered into without the deadlines
under the Act going into effect until formal negotiations
were started. Councilmember Meder questioned whether it
would be proper for him to request that the Village
Manager invite citizens to come in and voice their
concerns about the cable system at a meeting which was
not specifically a formal hearing. Village Attorney
Randolph advised that could be done at any time, since it
would not trigger the clock under the Act. The Village
Attorney also advised that the only way the franchise
would not be renewed would be if the cable company was
• not performing or not being reasonable in regard to
requests made by the Village.
Councilmember Capretta expressed concern that an adjacent
area cable company offered the Turner movie channel as
well as other channels not available through Adelphia,
which drove residents to purchase a Direct TV dish and to
put an antenna on their roof to get local TV.
Councilmember Capretta requested that a comparison of
programming offered by different nearby cable companies
be obtained by staff.
Councilmember Meder commented that the local cable TV
company did not make as much money on channels such as
the history channel as on other services such as paging.
Councilmember Meder commented on his past involvement
with cable tv renewal in another state where the state
required that a record be kept of all calls from every
municipality, response time to the calls, average length
of time the customer was on the phone getting service and
obtaining a solution to their problem, number of calls to
the governing agency, etc. Village Attorney Randolph
advised that there was nothing like that in Florida since
• the FCC had complete jurisdiction to the cable companies,
subject to the franchise agreement, so that those items
• Village Council
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January 9, 1997
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could be negotiated. Councilmember Capretta reported
that he understood there had been cards included in the
last cable TV bill which offered a month of cable TV free
if service was not received within a certain number of
hours after a complaint was made.
After further discussion, Mayor Mackail recommended that
staff be directed to provide the survey requested and
then invite residents to a public hearing. Councilmember
Capretta requested a map designating the territory
covered by Adelphia and that of the different adjacent
cable companies, as well as a comparison of programming
offerings. Councilmember Meder cautioned that the public
hearing not be a formal hearing. Mayor Mackail stated
that the hearing would be informal.
During ensuing discussion regarding when the hearing
should be held, one point brought our was that the
renewal due date was October 20, 1999.
Village Attorney Randolph suggested that the content and
price survey materials be obtained, after which a
decision could made regarding the date of the informal
public hearing. Councilmember Meder requested that those
materials be on display at the informal public hearing.
C. Resolution No. 7-96/97 - Authorizing Ex Parte
Communications i.n Quasi-Judicial Matters Relating to the
Village of Tequesta Council, Its Commissions and Boards,
Pursuant to the Terms of Florida Statute 286.0015.
(Staff Recommends Approval)
Village Attorney Randolph explained that recent
legislation allowed ex-parte communications, which had
been previously prohibited by law, as long as the person
with whom the discussion was held and the subject matter
were disclosed. Apparently complaints had been made and
lobbying done until the legislation was amended.
Village Attorney Randolph explained that under the new
• law in a quasi-judicial proceeding on a local government
• Village Council
Meeting Minutes
January 9, 1997
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land use matter a person who was not an applicant or an
intervenor was not required to be sworn as a witness nor
required to be subject to cross examination. Also, in
government land use matters, communications between the
government and another person and disclosure of those
communications by a member of the decision-making body
was not required, and the non-disclosure must not be
considered prejudicial to the decision-making body.
Village Attorney Randolph advised that he believed there
would be problems in adopting these rules, one of which
was that they only related to government land use matters
so that a determination would have to be made when the
rules were applicable; and that a greater problem would
be that a determination must be made whether a person who
testified had an interest in the matter. This
determination could be very difficult, and if a person
was allowed to testify and not to be cross examined that
• it might cause a problem in subsequent litigation if the
wrong decision had been made. Also, if a Village
Councilmember did not disclose a communication and it was
later found that the party with whom the communication
took place did have an interest in the matter, that could
be a problem. The Village Attorney advised that many
attorneys felt this law would be challenged as
unconstitutional since they believed an applicant in a
quasi-judicial hearing on a land use matter did have the
right to cross examine people who made statements.
Village Attorney Randolph advised that if the Village
Councilmembers had no objections to making disclosure of
ex-parte communications at a quasi judicial hearing to
remain with the status quo by not adopting this
resolution.
It was the consensus of the Village Council not to adopt
Resolution 7-96/97.
D. Discussion Pertaining to Annexation Plans for 1997.
Village Manager Bradford explained that during the
budgetary process, Councilmember Meder had requested the
• addition of $1,000 in this year's General Fund budget for
annexation if it was decided to proceed with annexation
• Village Council
Meeting Minutes
January 9, 1997
Page 15
at this time. Village Manager Bradford advised that no
annexation could be considered at the March, 1997
election since there was a 2-year waiting period required
between elections. The Village Manager requested input
from the Village Council on whether to begin preliminary
work for a referendum possibly in September or November,
1997 or March, 1998; or to do nothing at this time.
Councilmember Meder commented that his intention when the
$1,000 budget addition was requested had been for a March
1998 election, and that he now believed that would not be
enough money since professional help would be needed.
Councilmember Hansen expressed favor for annexation and
requested information regarding areas qualifying for
selective annexation and when they could be considered in
a referendum. Councilmember Capretta commented that
during previous discussions the Village Council had
• determined that annexing small pockets of land or
obtaining annexed areas through State legislation would
be desirable; and suggested that another option would be
to find an area that believed it needed Tequesta's help
and would therefore want annexation, for example, Bermuda
Terrace, which might prefer annexation to having sewers
installed as planned by ENCON. Vice Mayor Schauer
expressed agreement with Councilmember Capretta and
suggested a workshop to decide prime target areas. Mayor
Mackail commented that professional services had been
hired for the last annexation attempt, which had been too
confusing to residents with so many different scenarios.
The Mayor expressed agreement with Councilmember Capretta
and indicated there were two or three areas of
opportunity including Bermuda Terrace sewers and Waterway
Village drainage problems. Mayor Mackail suggested
revisiting annexation and breaking down the larger areas
which were formerly considered for annexation.
After further discussion, Village Manager Bradford
advised that staff would address the problem and provide
a report to the Village Council regarding possible
annexation areas, reasons they should or should not be
focused on for annexation, ways in which annexation might
• be accomplished, and larger areas reduced into smaller
blocks which might consider annexation.
• Village Council
Meeting Minutes
January 9, 1997
Page 16
F) Resolution No. 8-96/97 - Designating Polling Locations,
Election Officials, and Inspectors of Election, and
Establishing Procedures for the Municipal Election
Scheduled to be Held March 11, 1997, and the Municipal
Run-Off Election, if Necessary, to be Held on March 25,
1997
Village Manager Bradford explained that this matter was
usually considered in February but because of the way the
calendar fell this year it needed to be done at this
meeting. The Village Manager described the items
included in this resolution, and drew attention to the
fact that the First Presbyterian Church had decided not
to continue as a polling location because of their heavy
schedule of activities, and was proposed to be replaced
by Tequesta Recreation Center as the polling place for
Precinct 14. Councilmember Meder commented that traffic
• problems might occur since this location was across the
street from a county polling location.
Village Attorney Randolph read Resolution No. 8-96/97 by
title only. Village Manager Bradford stated that the
Resolution number would be changed to 7-96/97.
Motion was made by Councilmember Meder to approve
Resolution No. 7-96/97. The motion was seconded by Vice
Mayor Schauer. The vote on the motion was:
Ron T. Mackail - for
Elizabeth A. Schauer - for
Joseph N. Capretta - for
Carl C. Hansen - for
Michael R. Meder - for
The motion was therefore passed and adopted.
X. ANY OTHER MATTERS
Councilmember Capretta questioned whether in the lawsuit where
• Dorothy Campbell was suing the Village, she was suing as an
individual or as one of the three owners of the property.
• Village Council
Meeting Minutes
January 9, 1997
Page 17
Village Manager Bradford responded that so far as was known,
the other owners were not involved. Councilmember Capretta
questioned whether the lawsuit involved recovery demands by
Mrs. Campbell for $14,000 spent on upgrading the parking lot
and whether ownership of the property would be determined by
the judge, to which Village Attorney Randolph responded that
the money was a part of the lawsuit, and that it was unknown
whether the judge would determine ownership. Councilmember
Capretta commented that it would benefit the Village to have
ownership resolved, and questioned whether the judge might
only resolve the money portion and leave the ownership
unclear, to which the Village Attorney responded he would need
to study the case further to give that answer. After further
discussion, Mayor Mackail suggested that this matter should
not be discussed publicly when a lawsuit was pending, with
which the Village Attorney agreed.
• Vice Mayor Schauer discussed the Firemen's and Policemen's
Banquet, and announced that the banquet would be held at
Tequesta Country Club on Tuesday, March 25, 1997, with
cocktail hour at 6:30, dinner at 7:30; that sponsors would be
Mr. Capretta, Mayor Mackail, Mr. Hansen, and Gary Collins;
that the bill would be sent to the Village Manager; and that
Finance Director Kascavelis would set up a special fund for
the event. Vice Mayor Schauer announced that a 5-piece band
had been hired. Menu choices would be beef tenderloin or
Shrimp Newberg. Methods of selling drink tickets were
discussed. Village Manager Bradford announced that the Public
Safety Committee meeting had been scheduled to resolve
details. Vice Mayor Schauer explained that the money raised
at this event would be designated for facilities, and that
businesses were being asked to sponsor a policeman or fireman
and spouse to attend the dinner free of charge, to provide a
raffle prize, and to make a large donation. The cost of the
dinner was $37 and the tickets would cost $100, and the
seating was 240 to 250.
Peggy Virhoven, Point Drive, stated that she had been asked by
the family of Mrs. Tom Little to announce details of her
funeral at this meeting. Graveside services were scheduled
for 10 AM on Saturday at Riverside Memorial Cemetery on
• Countyline Road, with a celebration of Mrs. Little's life to
follow from 11 AM to 2 PM at Jupiter Hospital Conference Room
• Village Council
Meeting Minutes
January 9, 1997
Page 18
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#1. The family had requested no flowers; there would be no
viewing; and a memorial fund would be established.
Ms. Virhoven requested that the zoning code be revised to
include a definition of hardship. Mayor Mackail requested
that Village Attorney Randolph review the ordinance and
provide the Village Council with a definition of hardship.
Joe Hall, 159 Country Club Drive, explained that Bermuda
Terrace residents did not want Tequesta's strict codes and
taxes and commented that those items would have to be
addressed before asking them to annex. Mayor Mackail
responded that Tequesta's codes were the same as those of the
County, but that Tequesta enforced them.
Mr. Hall explained that sewers had not been installed where he
lived when the rest of Country Club Drive had been sewered
• under a government grant, and questioned whether residents
would be paying for something that had already been paid for
under that grant. Village Manager Bradford responded that
ENCON had submitted preliminary plans to install a sewer main
and a lift station on Country Club Drive as a part of the
overall project of sewering the Tequesta Peninsula, which the
Village was fighting; and he believed that if a home had been
built before a certain date, that it qualified for a reduced
hook-up price which would pass the EPA grant money on to the
resident. Village Manager Bradford reported that Tequesta and
the homeowners of Bermuda Terrace had filed for a petition for
administrative hearing to stop the issuance of the permit in
Bermuda Terrace.
XI. ADJOURNMENT
Councilmember Hansen moved that the meeting be adjourned.
Councilmember Meder seconded the motion. The vote on the
motion was:
Ron T. Mackail - for
Elizabeth A. Schauer - for
• Joseph N. Capretta = for
Carl C. Hansen for
• Village Council
Meeting Minutes
January 9, 1997
Page 19
------------------
Michael R. Meder - for
the motion was therefore passed and adopted and the meeting
was adjourned at 9:17 P.M.
Respectfully submitted,
/~
Betty Laur
Recording Secretary
ATTEST:
Jo nn Manganie o
• Village Clerk
DATE APPROVED:
•