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HomeMy WebLinkAboutMinutes_Special Meeting_12/12/1996 VILLAGE OF TEQUESTA Post Office Boz 3273 357 Tequesta Drive Tequesta, Florida 33469-0273 (407) 575-6200 Fax: (407) 575-6203 VILLAGE OF TEQUESTA VILLAGE COUNCIL .MEETING MINUTES DECEMBER 12, 1996 I. CALL TO ORDER AND ROLL CALL The Tequesta Village Council held a meeting at the Village Hall, 357 Tequesta Drive, Tequesta, Florida, on Thursday, December 12, 1996. The meeting was called to order at 7:02 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, Attorney Tracey Biagotti sitting in for Village Attorney John C. Randolph, Village Clerk Joann Manganiello, and Department Heads. II. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Hansen gave the Invocation and led those in attendance in the Pledge of Allegiance to the American Flag. III. APPROVAL OF AGENDA The following changes to the agenda were requested: Councilmember Hansen requested that discussion of road mediation be added under Any Other Matters. Vice Mayor Schauer requested that discussion of the Police and Firemens' Ball and the garage facility be added under Any Other Matters. The Vice Mayor questioned whether she should request that Item • 8A - approving the minutes of the Board of Adjustment meeting Kecyded Pr~j~er • Village Council Meeting Minutes December 12, 1996 Page 2 ------------------ of June 17, 1996 - be pulled from the Consent Agenda, since her husband was a member of that Board; and was advised that since she gained no financial benefit because of her husband being on the board that she had no conflict of interest. Village Manager Bradford requested addition under Any Other Matters of a request for Village Council approval for the Village Manager or his designee to develop a Community Development Block Grant program. It was reported that Village Attorney Randolph had requested that item 10C be deferred to the next meeting. Mayor Mackail requested addition under Any Other Matters of the Village Council trip the previous Saturday. Councilmember Hansen 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) Clair A. Thomas, 121 Golfview Drive, requested the help of the Village Council in alleviating the speeding problem on his street. Mr. Thomas explained that the problem had been very bad when Country Club Drive was temporarily closed, and that he had clocked speeds of cars and had appealed to several officials of the Village. Mr. Thomas expressed concern for the safety of children in the neighborhood, and reported several animals which had been hit and killed by speeding cars. Mayor Mackail assured Mr. Thomas that the Village Council was concerned with this problem, and requested that Police Chief Allison speak with Mr. Thomas to pinpoint • specific times when the problem was greatest so that a solution could be found. • Village Council Meeting Minutes December 12, 1996 Page 3 ------------------ V. CONSENT AGENDA All items listed with an asterisk (* ) are considered to be routine and will be enacted by one motion. There will be no separate discussion of these items unless a Village Councilmember so requests, in which event, the item will 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: V I . AF *A *B • *C *D *E *F 'PROVAL OF MINUTES AND REPORTS I Board of Adjustment; June 17, 1996 Community Appearance Board, October 23,1996 1 Village Council Meeting; November 14, 1996 Special Village Council Meeting; November 25, 1996 1 Special Master Code Enforcement Hearing; November 27, 1996 ? Village Manager's Report; November 11, 1996 - December 6, 1996 VIII. APPOINTMENTS *A) Consideration of Re-appointment of Raymond Schauer as a Regular Member of the Board of Adjustment, with said Three-Year Term Expiring on 12-31-99. (Staff Recommends Approval) X. NEW BUSINESS *B) Consideration of Ratification of Article 9 (Wages), Article 10 (Insurance), and Article 14 (Sick Leave} of the Collective Bargaining Agreement Between the Village of Tequesta and the Florida State Lodge Fraternal Order of Police. (Staff Recommends Approval) Motion was made by Vice Mayor Schauer to approve the Consent • Agenda as presented. The motion was seconded by Councilmember Village Council Meeting Minutes December 12, 1996 Page 4 Hansen. Village Manager Bradford referred to Item X(8) and clarified that he did have a formally executed Collective Bargaining Agreement signed by both parties. The vote on the motion was: Ron T. Mackail - for Elisabeth 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) Redevelopment Committee; November 13, 1996 Village Manager Bradford reported that this meeting had been held one day prior to the last Village Council meeting to review details of the lease agreement for office space in the Tequesta Corporate Center. The Committee had also reviewed facilities master plan options, space needs, and cost estimates. It had been determined that staff needed to attempt to reduce costs for Police and Fire Rescue and Village Hall facilities, and to bring those reduced costs back for consideration by the Committee, so that a decision could be made on timing and financing of any improvements. Details of startup costs, a memorandum of understanding with the First United Bank in the Tequesta Corporate Center, and the lease with the owner of the building had been reviewed. Village Manager Bradford reported that the Committee would hold a meeting in January, 1997 to review reduced cost estimates and financial scenarios. Motion was made by Vice Mayor Schauer to approve the report of the Redevelopment Committee for November 13, 1996. The motion was seconded by Councilmember Hansen. • The vote on the motion was: • Village Council Meeting Minutes December 12, 1996 Page 5 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. IX. DEVELOPMENT MATTERS A) Continuation of Special Exception Public Hearing, Variance Public Hearing, and Site Plan Review for the Church of the Good Shepherd, Q00 Seabrook Road, for the Construction of a Church Affiliated Elementary School • (Pre-School and Grades K-5). Church of the Good Shepherd, Applicant. (A Quasi-Judicial Hearing) 1) Swearing-In of Witnesses, if Required The following people identified themselves and were sworn in by Village Clerk Manganiello: Greg Behl, 10218 SE Banyan Way, Tequesta; Phillip Crannel, with Gee and Jenson; Robert S. Taylor, 34 Poplar Rd., Tequesta; Joe Hall, 159 Gauntry Club Drive, Tequesta; Betty Nagy, 26 Shay Place, Tequesta; Jerry Bressin, 18863 N. Golden Hawk, Jupiter; Hal Hutchinson, 77 Camelia Circle, Tequesta; Carol Pepoby, 81 Camelia Circle, Tequesta; Building Official Scott D. Ladd. 2) Testimony of Witnesses and Cross Examination, if any Building Official Scott D. Ladd explained that on 11/14/96 the Village Council had reviewed the applicant's request and had granted approval for a storage addition to the parish hall and had deferred the other items to this meeting to allow time for those affected to work out their differences. A • Village Council Meeting Minutes December 12, 1995 Page 6 meeting had been held on November 21 at 4 P.M. at the Parish Hall, which had been attended by approximately sixteen individuals. Mr. Ladd indicated that a copy of the sign-in sheet for that meeting had been provided. Mr. Ladd reported that the workshop meeting had lasted until approximately 6 P.M. and that it had been felt by staff and the individuals Mr. Ladd had spoken with to have been very productive. Mr. Ladd reviewed the following issues which had been resolved during the workshop: 1. It was agreed upon that the proposed location of the .new school building will be moved further to the north. The proposed location of the new playground will be relocated to the south side • of the new school building, placing it between the proposed school and the Village Hall .Annex facility. 2. It was agreed upon that the applicant will clear scrub brush and other foliage that should be appropriately removed for the proposed construction along the east end of the site. The appropriate foliage for removal would include all foliage determined to be a nuisance (as listed in the Xeriscape Guide for South Florida, South Florida Water Management District) or in the way of approved construction. 3. It was agreed upon that the applicant will plant new shrubbery, in a staggered row along the east property line, so as to reduce the intrusion of noise from church or school activities to neighboring properties. 4. It was agreed upon that a masonry wall, to be eight (8) feet high, will be placed in a curved fashion on the east side of the proposed school • building. This will create an opaque view of the landscaped courtyard area of the proposed • Village Council Meeting Minutes December 12, 1996 Page 7 ------------------ school, while also minimizing any noise created in the landscaped courtyard, and shielding any perceived, annoying sounds to neighboring properties. 5. It was agreed upon that an expansion of five {5) five feet, to the existing forty-five {45) foot radius, will be added to the "drop-off cul-de- sac", resulting in a fifty {50) foot radius. 6. It was agreed upon that a solid stockade-style fence will be installed along that portion of the north property line adjoining Lot #4, .Ridgewood Subdivision. And that shrubbery will be planted along that portion of the north property line adjoining Lot numbers 5 and 6, Ridgewood Subdivision. • 7. It "was agreed upon that all of the preceding items will be prepared by the applicant in the form of a Developer's Agreement, according to Ordinance #425, Village of Tequesta. Building Official Ladd explained that the site plan had been revised as a result of the workshop meeting, moving the building 20 feet to the north, and moving the playground area to the south side with a small area on the east for access from the back of the building. The applicant had agreed to clear the brush along the east end of the site and to thickly plant and stagger wax myrtle to reduce noise to neighboring properties. An eight-foot high masonry wall would be placed along the east side of the school building to minimize noise from the landscaped courtyard, which would not be used as a play area. Carol Pepoby, 81 Camelia Circle, spoke against the school, and commented that she believed a lot of people in her neighborhood did not know about this school, and she had heard there was another church • who had wanted to purchase a piece of property but it had not met the zoning code of consisting of five Village Council Meeting Minutes December 12, 1996 Page 8 ------------------ acres for a church. Ms. Pepoby stated she did not believe it was fair to give this church a school and not allow another church. Ms. Pepoby reported that Mr. Robert Shirar had sold his house and was leaving Tequesta, but that she could not sell her house and move away. Hal Hutchinson, 77 Camelia Circle, reminded the Village Council that approximately ten years ago prior to BRITT that a hardware store had existed on that property for a number of years. Mr. Hutchinson commented that when the owner had decided to remove a partition which had divided the store, the Village had considered his space doubled and had required more parking, which had put him out of business. Mr. Hutchinson considered this action to have set a precedent regarding parking variations, and • commented that the church did not have enough parking; and if this petition was approved another precedent would be set for someone else who wanted 25%-30% less parking than required by code. Betty Nagy, 26 Shay Place, pointed out that the site plan showed elementary recreation programs on the north side of the school while at the workshop it had been agreed to have all play activity on the south side of the school building. Mrs. Nagy expressed concern that if the school planned to use Constitution Park for recreational activities that someone must be responsible for the safety of children crossing Seabrook Road. Mrs. Nagy also questioned whether parking spaces must be blacktopped. Greg Behl explained that the north side of the school was intended to be used for gym classes only, not for play, and if not permissible, then the school would not use that area. Discussion ensued regarding the playground and the area intended for use by qym classes. Jerry Bresslin explained that the playground area for preschool and grades 1 and • 2 was the fenced area on the south side of the building, and that grades 3 to 5 would use the main • Village Council Meeting Minutes December i2, 1996 Page 9 ------------------ part of that area. Ms. Breslin explained that HRS would not allow schoolchildren to cross Seabrook Road because there was no crosswalk, and would not allow recreational activities at Constitution Park because there were no bathroom facilities. Joe Hall, 159 Country Club Drive, commented that in these days of gangs and shootings that a religious atmosphere was very important, and the church had shown good faith since the last meeting by making changes. Mr. Hall recommended approval of the school. Councilmember Hansen commented in regard to concerns regarding establishing a precedent in regard to fewer parking spaces than allowed by code, that in Ordinance 377 applications many variances were being • requested for parking and it was the job of the Village Council at times to grant variances and to look at each case to determine what was right. Councilmember Capretta commented that it seemed issues had been resolved at the workshop meeting. Ms . Pepoby commented that because the meeting had been held at 4 P.M. some people could not attend and that it was not fair. Mayor Mackail commented that at the workshop meeting Mr. Shirar had come forward with four specific recommendations he stated he thought he could live with and had also said there were other mandates he wanted set forth by the Village Council. Mr. Shirar had stated he would go back to other affected neighbors and discuss his concerns and the results of the meeting. Mr. Shirar had called Mayor Mackail the next week and stated that he was going to sell his house and move away from the Village. The things Mr. Shirar had asked for had been done, and at the end of the meeting everyone present had been in favor of the school. Mayor Mackail explained that the Village Council did not feel parking was an issue because it was not used during school hours. Ms. Pepoby commented again that Tequesta was not fair; that the church • did not have enough property to have a school; and that the Christian Science church had been told they • Village Council Meeting Minutes December 12, 1996 Page 10 must have five acres. Building Official Ladd explained that the Village had been approached by the Christian Science Church who had wanted to have a storefront church, which was not allowed by code, and that the present code did require a minimum of five acres. Councilmember Meder commented that there were ways to increase parking, however, that was not a problem; he believed that this site was just not large enough to have the school. Village Manager Bradford commented that the location of the playground on the site plan did not agree with language in the Developer's Agreement, and that comments made had indicated that older children would have recreation in the parking area and preschool children would use the fenced area. Discussion ensued. Mayor Mackail commented that at • the workshop meeting there had been no discussion that the parking area would be used as a playground, and that this issue must be resolved since neighbors were concerned. Vice Mayor Schauer questioned the principal of the school, Jerry Bressin, as to the area intended for recreation. Ms. Bressin responded that the playground on the south side was HRS approved for pre-school and up to grade 3. Grades 4 and 5 would each require ~ hour per day recreational activity, and could use the playground for some activities but needed a place to play activities such as kickball. The Vice Mayor questioned how Nancy Hurst from Tequesta Gardens had felt at the workshop meeting, to which Mayor Mackail responded everyone had had an opportunity to speak, and reviewed comments made by people who had attended. Mayor Mackail commented that comments were being made at this meeting which were different than those made at the workshop. Ms. Bressin explained that gym classes were ~ hour long and held each school day, however, an outdoor recreation area would only be required one day per week since other areas could be utilized on other days of the week. Examples given were that the children could go to • Constitution Park one day, play kick ball one day, and have square dancing in the parish hall one day. • Village Council Meeting Minutes December 12, 1996 Page it ------------------ Mayor Mackail questioned whether using the parking grassed area would affect homeowners on the north side, to which Building Official Ladd responded only at the very north end, and that Lots 81 through 84 on Camelia Circle would not be affected because they would be blocked by very thick woods and by the school building itself. If kick ball were played on the overflow parking area, only lots 4, 5 and 6 would be affected. Ms. Bressin commented that the area where the Fire Department played basketball might be used. Vice Mayor Schauer questioned whether eventually a second story was planned so that higher grade levels could be added. Ms. Bressin responded that could not be done because there were no more playground areas. Ms. Bressin verified that the school would be open to all faiths, races, and creeds. Councilmember Hansen • questioned whether the masonry wall could be extended to provide screening for recreation, to which Ms. Bressin responded that wall would be at the end of a xeriscaped prayer area which would not be used for recreation. Councilmember Hansen expressed his hope that issues raised tonight could be resolved. After further discussion on the proposed recreation areas, the issue of changing the language in the Developers Agreement was discussed. Ms. Nagy stated that in fairness to homeowners who had attended the workshop who were not at tonight's meeting that she believed this matter should be delayed, since at the workshop no mention had been made of using the parking area for recreation. Ms. Nagy commented that she had spoken to Mr. Carberry that evening, and he had not been aware. Building Official Ladd verified that all affected homeowners had been properly notified of this hearing. After further discussion, it was clarified that the parking area would be used for recreation only during school hours for one hour per day, 20 minutes per class, and for grades 4 and 5 only. Councilmember Meder expressed concern regarding how those parameters could be enforced, to which Mr. • Ladd responded that unscheduled visits could be made. Discussion ensued regarding the language • Village Council Meeting Minutes December 12, 1996 Page 12 ------------------ which should be used in the Developers Agreement. Phillip Crannel of Gee and Jenson suggested that the overflow parking area could be described as south of Ridgewood lots 5 and 6 to the area north of the radius of the cul-de-sac lying east of the parish hall. Attorney Biagotti verified the language to be used. 3. Disclosure of Ex-Parte Communications Mayor Mackail stated that he had attended the workshop meeting with the affected neighbors on November 21, and had been contacted by Mr. Shirar who had informed him he was selling his house. A poll of the remaining Councilmembers revealed no ex- parte communications since the last hearing. 4. Finding of Fact Based Upon Competent, Substantial Evidence: A) Motion to Approve/Deny Special Exception Use Vice Mayor Schauer made a motion to approve the Special Exception for the Church of the Good Shepherd, 400 Seabrook Road, for the construction of a Church Affiliated Elementary School (Pre-School and Grades K-5), based upon Competent, Substantial Evidence. Councilmember Hansen 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 - against The motion was therefore passed and adopted. B) Motion to Approve/Deny Variance Public Hearing • • Village Council Meeting Minutes December 12, 1996 Page 13 ------------------ Vice Mayor Schauer made a motion to approve the Variance for Parking for the Church of the Good Shepherd, 400 Seabrook Road, for the construction of a Church Affiliated Elementary School (Pre-School and Grades K-5), based upon Competent, Substantial Evidence. Councilmember Hansen 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 - against The motion was therefore passed and adopted. • C) Motion to Approve/Deny Site Plan Councilmember Hansen made a motion to approve the site plan for the Church of the Good Shepherd, 400 Seabrook Road, for the construction of a Church Affiliated Elementary School (Pre-School and Grades K-5), based upon Competent, Substantial Evidence, in conjunction with changes made to the Developers Agreement. 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 - against The motion was therefore passed and adopted. D) Motion to Approve/Deny Landscape Waiver Request • Vice Mayor Schauer made a motion to approve the • Village Council Meeting Minutes December 12, 1996 Page 14 ------------------ Landscape Waiver request for the Church of the Good Shepherd, 400 Seabrook Road, for the construction of a Church Affiliated Elementary School (Pre-School and Grades K-5), based upon Competent, Substantial Evidence. Councilmember Hansen 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 - against The motion was therefore passed and adopted. • B. Modified Site Plan Review for Temporary Storage Facility (12' x 16' Storage Shed) to be located at 157 Tequesta Drive. Tequesta Fire Rescue Department, Applicant. Fire Chief James Weinand explained that the indoor storage area would be removed and storage would be in the proposed storage shed, to provide sufficient room for storage of ambulances which would arrive on December 18. Chief Weinand commented that the program would be operational on January 1. Vice Mayor Schauer requested that Chief Weinand contact reported Jim Turner to place a notice in the newspaper of a day for public inspection of the new ambulances prior to the program's inception. Councilmember Meder made a motion to approve the modified site plan review for temporary storage facility (12' x 16') to be located at 157 Tequesta Drive. 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 • Village Council Meeting Minutes December 12, 1996 Page 15 ------------------ Michael R. Meder - for The motion was therefore passed and adopted. C. Landscape Ordinance No. 377 Plan Review; Landscape Waiver Request; the BRITT Building, 304 Tequesta Drive. Parker-Yannette Design Group, Inc., Landscape Architects. Steve Parker, Landscape Architect, represented the applicant. Building Official Ladd provided an overview and indicated that the building was too large for the site which created a parking dilemma, which had existed before the previous use by a hardware store. Mr. Ladd explained that BRITT had had cross parking agreements with surrounding property owners because of the confined space. The Community Appearance Board had wanted the • area cleaned up and the applicant had agreed to narrow the southwest entrance. Mr. Parker commented that the applicant planned to clean up plant beds, fertilize, and adjust irrigation as necessary; and pointed out that there was an error on the plan since the entranceway had been narrowed a waiver for that was no longer necessary. Vice Mayor Schauer inquired what would happen if the owner declared bankruptcy before work was started, to which both Mr. Ladd and Attorney Biagotti responded that would not affect compliance with Code. Village Manager Bradford stated that he did not like the waiver for the hedge at the north property line. Mr. Parker responded there was no roam to place a hedge in that space, and that after the road had been widened that parking had been deemed in compliance with the variance. Discussion ensued regarding how a hedge could be added. Mayor Mackail passed the gavel and made the following motion: Mayor Mackail made a motion to approve the requested • landscape waivers for the BRITT Building, 304 Tequesta Drive, with a condition that within 90 days of a sale or Village Council Meeting Minutes December 12, 1996 Page 16 ------------------ lease the future tenant relocate the sidewalk and add hedges, subject to an easement agreement with the Village. Councilmember Hansen seconded the motion. During discussion of the motion, Mr. Parker was advised that if his client objected to the condition he could return to the Village Council to debate this issue. 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. D. Landscape Ordinance No. 377 Plan Review; Landscape Waiver Request; The Cologne Motel, 220 U.S. Highway One. Parker-Yannette Design Group, Inc., Landscape Architect. Steve Parker, Landscape Architect, represented the applicant. Building Official Ladd explained that this site had a lot of green space and that the site was presently underutilized; however, the owner planned to develop the area in front of the motel in the future. Staff recommendation was to do something in the interim and to add a hedge along the long driveway to buffer the vehicular use area. Mr. Parker explained that his client preferred not to add the hedge but to add a planting bed with three cabbage palms near the building sign. Councilmember Meder made a motion to approve the landscape waiver request for The Cologne Motel, 220 U.S. Highway One. 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 against • village Council Meeting Minutes December 12, 1995 Page 17 ------------------ Michael R. Meder - for The motion was therefore passed and adopted. X. NEW BUSINESS A) Consideration of Bid Award to AKA Services, Inc. Of West Palm Beach, Florida, for Seabrook Road/Tequesta Drive Master Drainage Improvements in the Amount of $449,089, Contingent Upon South Florida Water Management District Issuance of a Surface Water Management Permit and AKA Services, Inc. Accepting a Change Order Reduction in the Amount of $199,089. (Staff Recorcnnends Approval) Village Manager Bradford explained that this was a major • drainage project to take care of drainage from Willow Road to the North boundary of the Tequesta Recreation Center, and also make improvements along the back side of Gallery Square North, and that the low bid had exceeded the budgeted amount. Village Manager Bradford recommended the work be done in sequences, and that subject to receipt of FEMA monies for Tequesta Drive Diversion and bids on remaining work that it was anticipated that sufficient savings would be realized to allow the next sequence. Al Oslund reported that this had been discussed with AKA and they would accept a reduction of $199,089; and that nothing had been removed from the project but that it was anticipated there would be enough money left from the Seabrook Road project to complete this one. Councilmember Capretta questioned whether stormwater utility assessments were high enough to handle unknown future projects. Councilmember Hansen commented that the Village Council had already discussed that matter and that he had received assurance that the five-year plan would be adequate. Mayor Mackail commented that he wanted to be sure the village was economically postured to meet NPDES program requirements, to which Mr, Oslund responded that he did not foresee extra amounts being needed to comply. Mayor • Mackail expressed concern there was no cushion in the budget to accommodate such items as the recent emergency • Village Council Meeting Minutes December 12, 1996 Page 18 ------------------ replacement of a 36" pipe with a 48" pipe. Village Manager Bradford agreed, and explained that the General Fund was subsidizing the Stormwater Utility in order to provide a jump start, and that might have to be done again. Mr. Oslund indicated that by the end of the year the Village should know when the FEMA money would be received, and that receipt of 545,000 was anticipated. Mr. Cunningham questioned whether any money had been cut on the Shay Place project, and indicated they had experienced drainage problems during the past year. Village Manager Bradford responded that no money had been cut, but that it was anticipated that the project would not need the full amount which had been budgeted, and that money could then be used in another project. Vice Mayor Schauer made a motion to approve the Bid Aware to AKA Services, Inc. of West Palm Beach, Florida, for Seabrook Road/Tequesta Drive Master Drainage Improvements in the Amount of $449,0$9, Contingent Upon South Florida Water Management District Issuance of a Surface Water Management Permit and AKA Services, Inc. Accepting a Change Order Reduction in the Amount of $199,089. Councilmember Hansen 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 approved. D) Resolution No. 5-96/97 Amending the Operating Budget Adopted for the Fiscal Year Commencing October 1, 1996, to Provide for Budget Recisions for Carry-Over Encumbrances from the Previous Fiscal Year and Additional Ttems Approved by Village Council. (Staff Recommends Approval) • • Village Council Meeting Minutes December 12, 1996 Page 19 Attorney Biagotti read Resolution No. 5-96/97 by title only. Councilmember Hansen made a motion to approve Resolution No. 5-96/97, Vice Mayor Schauer seconded the motion. The vote on the motion was: Ran 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 approved. E. Resolution No. 6-96/97 - Relating to Amending Tequesta's Deferred Compensation Plan. (Staff commends Approval) Attorney Biagotti read Resolution No. 6-95/97 by title only. Vice Mayor Schauer made a motion to approve Resolution No. 6-96/97. Councilmember Hansen 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 approved. F. Resolution No. 7-96/97 - Authorizing and Approving Facsimile Signature for Financial Transactions at First United Bank. (Staff commmends Approval) Attorney Biagotti read Resolution No. 7-96197 by title only. • Councilmember Hansen made a motion to approve Resolution • Village Council Meeting Minutes December 12, 1996 Page 20 ------------------ No. 7-96/97. 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. Metier - for The motion was therefore passed and approved. G. Announcement/Notice of Attorney-Client Session Concerning Litigation in Campbell v. Village of Tequesta (Gallery Square North Parking Lot Tssue) at a Special Meeting to be Held on December 16, 1996, Commencing at 4:30 P.M. wherein a Closed door Attorney Client Session • per F.S. 286.011(8) Shall be Held. John C. Randolph, Village Attorney. Mayor Mackail made the following announcements: 1) Subject Matter of Meeting Litigation in Campbell v. Village of Tequesta {Gallery Square North Parking Lot Issue) 2) Attorney-Client Session Attendees: a) Joseph N. Capretta b) Carl C. Hansen c) Ron T. Mackail d) Michael R. Metier e) Elizabeth A. Schauer f) Scott G. Hawkins, Esquire g) Thomas G. Bradford i) Court Reporter (Name to be Determined) Mayor Mackail announced that the Closed Door Session would be held at 4:30 P.M. on December 16, 1996 at the • Village Hall Council Chambers. • Village Council Meeting Minutes December 12, 1996 Page 21 XI. UNFINISHED BUSYNESS A) Ordinance - Second Reading - Amending Chapter 9 of the Code of Ordinances Relating to Fire Protection and Prevention so as to Provide for the Establishment of a Pre-Hospital Emergency Medical Care Service; Prescribing Regulations Governing the Service; Establishing User Fee Charges for such Service; Providing for Other Provisions Relating to Fire Medical care within the Village of Tequesta; Providing for Severability; Providing for Repeal of Ordinances in Conflict; Providing for Codification; Providing an Effective Date. (Staff Recommends Approval) Attorney Biagotti read Resolution No. 7-96/97 by title • only on Second Reading. Councilmember Meder made a motion to approve the above Ordinance on Second Reading by title only. 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 approved. XII. ANY OTHER MATTERS Councilmember Hansen discussed the road mediation meetings, and announced that Tequesta would make a presentation at the December 18 meeting. Village Manager Bradford and representatives of shareholder groups from Tequesta would make presentations. • Councilmember Hansen stressed that it was necessary for Tequesta to make a strong statement, and reported that • Village Council Meeting Minutes December 12, 1996 Page 22 ------------------ the mediation was no longer discussing Country Club Drive and that Loxahatchee River Road residents were more friendly towards the Village. Councilmember Hansen stated if mediation did not work that Tequesta should try something on their own; that the Task Force had made 14 recommendations and only one or two had been implemented; that the Village Council should remain open minded since some of the items might come before the Council; and that Tequesta should fight for their rights. Councilmember Capretta commented that people were using alternate routes rather than traveling Country Club Drive, as evidenced by Mr. Clair Thomas' comments earlier in the meeting, and suggested that traffic data be obtained on Golfview. Joe Hall commented that all governments were supposed to speak at the same time during the mediation process outlined by Mr'. Goodheart, and that was not being adhered to, which • gave Martin County a month to prepare rebuttal. Village Manager Bradford commented that the mediator was more concerned about losing momentum at this time than about the rebuttals. Mr. .Hall suggested that Commissioner Gettig be required to set a date at the next meeting for Martin County to make their presentation. Councilmember Meder suggested that the attraction to using Golfview be pinpointed. Chief Allison commented that he had dealt with Mr. Thomas previously and that Mr. Thomas was not a good judge of speed. Village Manager Bradford commented that the Village Council should be cognizant of the spillover effect of traffic using Golfview and River Drive as through streets and to begin thinking about whether such items as stop signs should be used. Mr. Meder commented that it had been brought out in the past that stop signs could not be used, and stated he would like the Public Works Committee to readdress that issue. Discussion ensued regarding traffic concerns. Councilmember Hansen reported there was a strong coalition working to improve Village traffic. Vice Mayor Schauer announced that approval had been granted by the Tequesta Country Club to hold the Police and Firemens' Banquet there, and that she would proceed • with plans for that event. Vice Mayor Schauer questioned the garage facility status, to which Village • Village Council Meeting Minutes December 12, 1996 Page 23 ------------------ Manager Bradford responded that there had been problems and that this item was scheduled on the agenda for next week's Public Works Committee meeting. Vice Mayor Schauer requested that a Public Works Committee meeting be scheduled for January to discuss stop signs. Mayor Mackail congratulated Finance Director Kascavelis and Village Manager Bradford for their achievements in financial excellence. Mayor Mackail announced that the Village Council had taken a boat ride tour of the Loxahatchee River the previous Saturday and that ENCON did not attend. Village Manager Bradford announced that the new Planner, Damien Peduto, was seeking Village participation in grants and pursuing any money to which the Village might be entitled. One of the grants Mr. Peduto was working • on was the Community Development Block Grant Program, for which Palm Beach County required proof of action by the Village Council in order to assure participation. Councilmember Meder made a motion to designate the Village Manager or his designee to administer the Community Development Block Grant Program within Tequesta. Councilmember Hansen 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 approved. XI. ADJOURNMENT Councilmember Hansen moved that the meeting be adjourned. Vice Mayor Schauer seconded the motion. The vote on the • motion was: • Village Council Meeting Minutes December 12, 1996 Page 24 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 meeting was adjourned at 9:55 P.M. Respectfully submitted, Betty' our Recording Secretary • ATTEST: ~n Manganie~l.o Village Clerk DATE APPROVED: