Loading...
HomeMy WebLinkAboutMinutes_Regular_08/08/1996• 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 AUGUST 8, 1996 UPON ADJOURNMENT OF LOCAL PLANNING AGENCY PUBLIC HEARING 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, August 8, 1996. The meeting was called to order at 7:58 P.M. by Mayor Ron T. Mackail, immediately upon adjournment of the Local Planning Agency Public Hearing. A roll call was taken by Betty Laur, Recording Secretary. Councilmembers present were: Mayor Ron T. Mackail, Vice Mayor Elizabeth A. Schauer, 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. Councilmember Joseph N. Capretta was out of town on vacation. III. APPROVAL OF AGENDA The following additions to the agenda were requested: Councilmember Meder requested an update under ANY OTHER MATTERS on the "Bird Lady" case. Councilmember Hansen requested an update on the Coastal Players under ANY OTHER MATTERS. Village Manager Bradford pointed out that Item VII (G) should not be flagged with an asterisk since it was not • Recycled Paper • Village Council Meeting Minutes August 8, 1996 Page 2 --------------- a Consent Agenda item. Village Attorney Randolph requested consideration of attorney-client session re: Jupiter vs. Tequesta to be added under ANY OTHER MATTERS. Vice Mayor Schauer made a motion to approve the Agenda as amended. Councilmember Mader seconded the motion. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer - for Carl C. Hansen - for Michael R. Mader - for The motion was therefore passed and adopted and the Agenda was approved as amended. • IV. CC-MMtiNICATIONS FROM CITIZENS (NON-AGENDA ITEMS) Both Jack Downey and Arnold Blum indicated that they wished to make their comments at the time of discussion of specific agenda items which they had noted on their cards. IV. 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. APPROVAL OF MINUTES AND REPORTS *A) Community Appearance Board; May 22, 1996 • *B) Community Appearance Board; July 17, 1996 • Village Council Meeting Minutes August 8, 1996 Page 3 --------------- *C) *D) *E) *F) *G) Village Council Workshop Meeting; June 27, 1996 Village Council Workshop Meeting; July 9, 1996 Village Council Workshop Meeting; July 16, 1996 Special Village Council Meeting; July 19, 1996 Village Manager's Report; July 22, 1996 - August 2, 1996 VI. NEW BUSINESS *B) Consideration of Bid Award to Worley Roofing, Inc. , of Jupiter, Florida, in the Amount of $27,152 for the Re-roofing of the Village Ha11 annex Building and the Tequesta Water Treatment Plant Building, Having a FY 1996 Water Enterprise Fund, Renewal and Replacement Account Allocation of $27,200. (Staff Recommends Approval) *I) Consideration of Bid Award to Dailey and Associates, Inc., of Jupiter, Florida, in the Amount of $12,000 for the Water Department CADD Mapping System, Having an FY 1996 Water Enterprise Fund Capital Improvement Account Budget Allocation of $14,000. (Staff Recommends Approval) *J) Consideration of Designation of Village Property as Surplus Pursuant to Section 3.02 (8) of the Village Charter. 1) 1990 Chevrolet Caprice VIN #1GIBL5473LA33640 Motion was made by Councilmember Hansen to approve the Consent Agenda as amended by the deletion of item XII (G). The motion was seconded by Councilmetnber Mader. The vote on the motion was: • • Village Council Meeting Minutes August 8, 1996 Page 4 --------------- Ron T. Mackail Elizabeth A. Schauer Carl C. Hansen Michael R. Metier - for - for - for - for The motion was therefore passed and adopted and the Consent Agenda was approved as amended. VI. DEVELOPMENT MATTERS A) Consideration of Request to Allow On-Street Parking on Tequesta Oaks Drive. Within the Tequesta Oaks Residential Development for Over Flow Parking, P~irsuant to Section VIII A(8) of the Zoning Code. (Staff Recommends Approval) • • William Shannon, 46 Chestnut Trail, representative and attorney for the Developer, D.C. Land Company, commented that since approval was granted by the Village Council, Tequesta Oaks had been approved by the Community Appearance Board, the restaurant plan for the new McCarthy's restaurant had been approved by the Florida Hotel and Restaurant Commission, and plans had been filed with the Village Building Official for review. Mr. Shannon explained that the developer hoped to begin construction very soon. Also present at the meeting were Don Hearing, Landscape Architect with Coulter Hearing, and Charles Hathaway, Vice President for Planning and Development at DiVosta & Company and also the President of Sunco Building Corporation, the General Contractor for DiVosta & Company. Mr. Shannon explained that at the Village Council meeting where Tequesta Oaks had received approval, comments were made regarding the location of the mail boxes in the pool building area which had led to a decision by the Developer to locate groups of boxes on each street at the intersection of the main street, so that the residents on each street would not have to go so far away to pick up their mail. • Village Council Meeting Minutes August 8, 1996 Page 5 --------------- Mr. Shannon stated that the other item which had received many comments at the Village Council meeting was guest parking, of which the development had very little. The Developer had not provided on-street parking because comments had been received from staff and Village engineers that on-street parking would not be allowed. Mr. Shannon theorized that it was possible that staff had been indicating that on-street parking would not be allowed on residential streets but had not been indicating the main street. The development team had taken the comments to mean that on-street parking would not be allowed on any streets. After the meeting, because of all the comments made, Mr. Shannon had contacted the Village Manager to discuss the matter further and had learned that there had been miscommunication and the Village Manager did not object to on-street parking on the main street. Therefore, • the developer was present at tonight's meeting to request permission from the Village Council. Mr. Shannon reviewed the revised plan, which would allow on-street parking for a total of forty vehicles (20 per side) along the main street of the development. Mr. Shannon commented that this main street was part of the mixed-use plan for the downtown area, and that under standard neo-traditional planning guidelines that newer developments were leaning toward, people and cars could co-exist on streets. Under this guideline, streets were made smaller and on-street parking exists in order to slow traffic. Mr. Shannon explained that cars tended to speed when there were no visual impediment, and had a tendency to slow when there were cars along the street and people in the vicinity. This slower traffic was preferable on the main street. The on-street parking would also provide much-needed guest parking and would resolve concerns expressed by some Village Council members regarding the use- of off-site parking, and problems with parking at the restaurant and the bank, and would also reduce the .pressure on the Police Department to • move vehicles which might have parked on grassy areas. • Village Council Meeting Minutes August 8, 1996 Page 6 --------------- Mr. Shannon explained that the restaurant building had been moved five feet to the west in order to accommodate more landscaping where Tequesta Oaks Drive meets Tequesta Drive. This would encroach on an FP&L easement; however, FP&L was planning to abandon that easement and had given the Developer written permission to encroach on the easement. Mr. Shannon requested approval for a temporary sales facility to be located on .the shopping center property, and presented a handout of a small-scale version of the site plan for Lighthouse Plaza. Mr. Shannon explained that when construction had begun on the restaurant building that the entrance to Tequesta Drive would have to be closed, and all access to the new development would be from U.S. One for a short period of time. Mr. Shannon requested that a temporary sales trailer be • located where the main street would be coming in so that it would be visible to anyone coming into the development. Sewer, water, and electricity were available for the proposed location, which was expected to be used for a 9 to 12-month period, depending upon sales or unforeseen problems. Mr. Shannon explained that the greatest advantage of the proposed location was that it would provide a boost in sales by providing visibility, which would lead to making Tequesta Oaks a reality. Councilmember Meder questioned whether the trailer would be visible from U.S. One. Mr. Shannon explained that visibility would be enhanced by providing flags or something else to garner attention, and that the trailer would be visible to cars entering the site. In response to Councilmember Meder's question whether a sign was also planned, Mr. Shannon responded that an application had been submitted for a temporary sign, and that these requests were all made in order to speed sales and thus the development of the site. Mayor Mackail commented that there was a mutual benefit, since the Village tax base would be increased with completion of the project. • Councilmember Meder stated that he had had several conversations with other Village Council members and • Villag® Council Meeting Minutes August 8, 1996 Page 7 --------------- with staff and the Village Manager regarding on-street parking; however, he remained unconvinced of the value of on-street parking in the unique character of Tequesta. Councilmember Meder referred to accidents he had witnessed when growing up on streets which allowed on-street parking. Councilmember Meder also referred to past comments by the Village Councilmembers regarding establishment of minimum property standards to keep the Village from deteriorating and to preserve the unique character of the Village; and expressed his opinion that on-street parking seemed contradictory. Councilmember Meder stated he did not understand a principle which could support on-street parking in a Village where very high property standards were desired. Councilmember Meder stated that he was opposed to on-street parking and did not see on-street parking as the solution to Tequesta Oak' s problem of • guest parking spaces., or for any street in the Village. Councilmember Hansen questioned how construction traffic and parking would be handled. Mr. Shannon explained that the developer would try to sell the project out and that a building process would be used whereby over 300 workers would be brought in over a span of time working similar to an assembly line with one group building only foundations, one only building walls, etc. Each group should be able to park near the unit they would be working on. Heavy equipment, including cranes, would be necessary to handle the steel forms and concrete, and would lead the march of construction as it progressed through the project. Mr. Shannon explained that in the past, all of the workers had been able to park on-site. Councilmember Hansen expressed concern that workers might park at the shopping malls, to which Mr. Shannon responded that the developer could handle any such complaints. Vice Mayor Schauer commented that she was happy to see the additional parking. Mayor Mackail questioned whether the newly proposed landscaping and the FP&L easement would be irrigated. • Village Council Meeting Minutes August 8, 1996 Page 8 --------------- Mr. Shannon described the easement area and stated that all landscaping would be irrigated. Dr. Stanley Jacobs, River Drive, commented that Admiral's Cove had installed elevators to accommodate senior citizens in their two-story units, and questioned whether this development might consider small elevators in these units for sales purposes. Mr. Shannon responded that there were no plans for elevators and that this was a different priced unit than those in Admiral's Cove; however, there was some space available so that individuals might consider doing that. Dr. Jacobs commented that his intent was that elevators might be offered as an option paid for by the individual purchaser. There were no further comments. • Vice Mayor Schauer made a motion to approve the request to allow on-street parking on Tequesta Oaks Drive within the Tequesta Oaks Residential Development for overflow parking, pursuant to Section VIII A(8) of the Zoning Code. Councilmember Hansen seconded the motion. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer - for Carl C. Hansen - for Michael R. Meder - against The motion was therefore passed and adopted. Councilmember Hansen made a motion to allow a temporary sales office within the Tequesta Oaks Residential Development. Councilmember Meder seconded the motion. The vote on the motion was: Ron T. Mackail - for • Elizabeth A. Schauer - for • Village Council Meeting Minutes August 8, 1996 Page 9 Carl C. Hansen Michael R. Mader - for - for The motion was therefore passed and adopted. VII. NEW BUSINESS Aj Resolution No. 31-95/96 - Relating to the Comprehensive Plan; Adopting an Evaluation and Appraisal Report for the Village of Tequesta in Accordance with the "Local Government Comprehensive Planning and Land Development Act", Being Section 631.3161 Et. Seq., Florida Statutes; Attaching an Exhibit "A", a Copy of the Evaluation and Appraisal Report; and an Effective Date. (Staff Recommends Approval) • Village Attorney Randolph read Resolution No. 31-95/96 by title only. Vice Mayor Schauer made a motion to approve Resolution 31-95/96. Councilmember Mader seconded the motion. The vote on the motion was: Ron T. Mackail - for. Elizabeth A. Schauer - for Carl C. Hansen - for Michael R. Mader - for The motion was therefore passed and adopted. Mr. Horniman requested each Councilmember's copy of the Comprehensive Plan Evaluation and Appraisal Report in order to update them with changes. C) Ordinance - First Reading - Assessing and Imposing a .85$ Excise Tax on Insurers Receipts of Premiums from Policy Holders on all Premiums Collected on Property Insurance Policies Covering Property within the • Corporate Limits of the Village of Tequesta, Florida; Providing for the Appropriation of Said Taxes to the • Village Council Meeting Minutes August 8, 1996 Page 10 --------------- Retirement Plan and Trust Account Established for the Police Officers of the Village of Tequesta, Florida; Providing Said Tax Sha11 be in Addition to all other License Taxes not Levied or Hereafter Levied by the Village of Tequesta, Florida; Providing for the Payment and Collection of Said Tax; Providing for Severability; Providing for Codification; Providing for the Repeal of Conflicting Ordinances; Providing for Effective Date. (Staff Recommends Approval) Village Attorney Randolph read the above Ordinance by title only on First Reading. Village Manager Bradford explained that this was not a new tax, and was already in effect on every homeowners policy sold in the State of Florida. At present, • monies paid by Tequesta residents were forwarded to Tallahassee and disbursed to the retirement funds of police officers throughout the State except for the Village of Tequesta. On July 30, 1996, the Village had approved a retirement plan which for the first time would cover police officers who would be hired in the future, and adoption of this ordinance was required in order to show the State's Division of Retirement that Tequesta was now entitled to receive their share of the proceeds collected across the state. This would ensure that funds would be received annually for deposit into the retirement fund for Tequesta's police officers. Arnold Blum, who had signed up to speak on this agenda item, explained that he had been afraid this would mean a lOg increase in taxes, but with the Village Manager's explanation he was in favor of the ordinance. Councilmember Hansen made a motion to approve the above ordinance on First Reading by title only. Councilmember Meder seconded the motion. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer = for Carl C. Hansen for • Village Council Meeting Minutes August 8, 1996 Page 11 --------------- Michael R. Meder - for The motion was therefore passed and adopted. D) Review and Consideration of Approval of Notice of Assessment Letter to Tequesta Property Owners for Stormwater Utility Non-Ad Valorem Assessment Fee. Bill C. Kascavelis, Director of Finance. Finance Director Kascavelis explained that this notice had been presented to the Village Council for review and would be mailed to all property owners by August 22, 1996, which would meet the requirement for mailing twenty days prior to the September 12, 1996 public hearing. Mr. Kascavelis commented that the notice listed the items required by law and explained the assessment which would be levied against every property • in the Village. A similar notice sent out in the past had received complaints regarding the language, however, Mr. Kascavelis painted out that there were specific requirements under the law which must be stated. Mr. Kascavelis stated that the notices would be sent via first class mail and that a Resolution would be considered at the public hearing. Councilmember Hansen expressed concern that the notice would put people off, and requested that wording be added explaining that this money had been previously collected as part of the tax bill, that this was an improvement for the Village, and that this was just a different way of collecting that money. Mr. Kascavelis expressed his opinion that no further wording could be added to the notice. Mayor Mackail suggested that the wording be included in an addition to the notice that was not a part of the same document. Village Attorney Randolph verified with Mr. Kascavelis that the Village would be stuffing the notices into envelopes prior to mailing, so that another sheet could be added in the same envelope. After further discussion, the Village Attorney commented that the State Statute stated what must be included but said nothing against including • additional information. It was the consensus of the • Village Council Meeting Minutes August 8, 1996 Page 12 --------------- Village Council to include a second sheet of explanation if it were legally permissible. Village Attorney Randolph was requested to let Mr. Kascavelis know if this was legally possible. Mr. Kascavelis expressed concern that the explanation should be reviewed by someone, to which Village Manager Bradford responded that the main thing was to word the explanation in simple terms to let the people know why they were receiving this notice, what it would accomplish, that portions of this cost were previously in the tax rate, that this was a new revenue source to comply with the needs of the Clean Water Act and to provide flood control improvements throughout the Village. Vice Mayor Schauer requested that Mr. Kascavelis make the wording in the notice Please Do Not Pay in bold print. Village Manager Bradford asked that Mr. Kascavelis recall all of the questions .received the • last time such a notice was sent out and try to answer them in the attachment. Councilmember Hansen made a motion to approve the notice for assessment to Tequesta Property Owners in conjunction with an attachment of explanation with the said notice subject to legal approval. Vice Mayor Schauer seconded the motion. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer - for Carl C. Hansen - for Michael R. Mader - for The motion was therefore passed and adopted. E) Resolution No. 32-95/96 - Approving a Statewide Mutual Aid Agreement and Authorizing the Mayor to Execute the Same on Behalf of the Village. (Staff Recommends Approval) Village Manager Bradford explained this was a state- . wide mutual aid agreement which would be helpful in any catastrophic emergency by allowing the Village to draw • Village Council Meeting Minutes August 8, 1996 Page 13 upon other agencies throughout the state for manpower, equipment, and any other resources referred to in the agreement, and stated that he highly recommended that the Village become a part of this agreement, Mayor Mackail questioned the liability of participating agencies in a disaster, to which the Village Attorney responded that each agency was responsible for their own liability. Village Attorney Randolph explained that this was a standard agreement which had been sent by the Federal government to every municipality. Councilmember Hansen questioned who was authorized to declare a disaster and ask for help. Village Manager Bradford responded that Police Chief Allison was designated as the Disaster Preparedness Coordinator, and the ordinance allowed for Mr. Allison, the Village Manager, or the Mayor to declare a disaster. Village Manager Bradford commented that when that ordinance had • been adopted, the Village did not have a Fire Rescue Department; therefore, staff was contemplating seeking Village Council approval after the current hurricane season to make the Fire Rescue Department totally responsible for disaster preparedness since they were in the business of HAZMAT already and that would then make the Fire Chief the Disaster Preparedness Coordinator. Viee Mayor Schauer questioned where everyone would be sheltered in a disaster. Village Manager Bradford responded that in a disaster, FEMA and other agencies would be involved, and help would come from sources which were unknown at this time. Village Attorney Randolph read Resolution No. 32-95J96 by title only. Councilmember Hansen made a motion to approve Resolution No. 32-95/96. Vice Mayor Schauer seconded the motion. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer - for • Carl C. Hansen - for • Village Council Meeting Minutes August 8, 1996 Page 14 --------------- Michael R. Meder - for The motion was therefore passed and adopted. F) Consideration of Village of Tequesta Appointments to the Board of Trustees of the Employees' Pension Trust Fund. (Staff Recomm~ends Approval) Village Manager Bradford explained that on July 30, 1996, the Village had merged the former Firefighter Pension Board into the new Employees Pension Trust Fund, which was an all-encompassing pension plan affecting general employees, firefighters, and police officers, which would necessitate a large amount of administrative work over the next few weeks, including appointment of a Board of Trustees. The Village would have three appointments to this Board, the employees • would have three appointments, and. the seventh appointment would be a person picked by the other six appointees. The former appointees to the Firefighters Pension Trust Board had been Mayor Mackail, Village Manager Bradford, and William Sharpless. Village Manager Bradford stated that he would be willing to serve as a Board member for the new Board and that he assumed that Mayor Mackail would also be willing to serve. Discussion ensued regarding the possibility of Mr. Sharpless serving on the new Board. Mayor Mackail commented that Mr. Sharpless had brought a good sense of balance and had provided excellent investment presentations at the Firefighters Pension Trust Board meetings. Mayor Mackail expressed his willingness to serve on the new Board, and commented that he would also like to see Mr. Sharpless appointed. Ensuing discussion indicated that it was the consensus of the Village Council that Mr. Sharpless would be desirable as a Boardmember; that Mr. Sharpless had been the member voted by the others on the Firefighters Board; and that it would be appropriate that he be the appointee of the other members of the new Board rather than one of the three Village appointees. • Village Attorney Randolph suggested that a possible • Village Council Meeting Minutes August 8, 1996 Page 15 --------------- course of action could be to appoint only two Board members at tonight's meeting, and wait to see if Mr. Sharpless was appointed by the other Board members to be the seventh member of the Board. If so, then another person could be considered as the third Village appointee; and if not, then Mr. Sharpless could become the third Village appointee. Councilmember Meder made a motion to appoint Village Manager Bradford and Mayor Mackail to serve on the new Employees Pension Trust Fund Board, and that the Village propose that Mr. William Sharpless be the member appointed to serve as the seventh member of the Board, and that the Village later determine a third member to represent the Village. Vice Mayor Schauer seconded the motion. The vote on the motion was: • Ron T. Mackail - for Elizabeth A. Schauer - for Carl C. Hansen - for Michael R. Meder - for The motion was therefore passed and adopted. G) Resolution No. 33-95/96 - Approving an Interlocal Agreement Between the Town of Jupiter, the Village of Tequesta, Martin County and Palm Beach County Regarding Mediation Services to be Provided by Mediation Services, Inc. (Staff Recommends Approval) Village Attorney Randolph read Resolution No. 33-95/96 by title only. Village Manager Bradford reported that he and Mayor Mackail had attended the preliminary meeting of the four governments named in the Resolution in February, which explored the desire and willingness of the communities to have a formal mediation process over the regional roadway issues--including Country Club Drive within the Village. At that meeting, a decision had • been made to form a committee to consist of Barbara Alterman of the County Attorney's office; Tom Baird, Village Council Meeting Minutes August 8, 1996 Page 16 Town Attorney for Jupiter; Janet Gettig, Martin County Commissioner; and Village Manager Bradford for the sole purpose of selecting a mediator to finally solve the roadway issue. A number of mediators had been interviewed by the committee, the committee had worked closely with the Conflict Resolution Consortium at FAU, and recommended Harry Goodheart III of Mediation Resources, Inc., Bradenton, Florida. Village Manager Bradford reported that he and Mayor Mackail, along with other committee members, had personally met with Mr. Goodheart and had been very impressed by Mr. Goodheart and by the specific procedure which he had proposed. The cost of the procedure would be $40,000 to be shared by the four municipalities involved, and the first preliminary meeting would be approximately September 11, 1996, to which all residents of the municipalities would be invited. Village Manager Bradford explained • that letters had already been sent to Tequesta residents indicating that they were invited to be a part of this process and to attend the meeting if possible. The Village Manager explained that this Resolution would approve Tequesta's participation in the mediation process and authorize a $10,000 contribution; that the Village's $10,000 contribution would be taken from the Undesignated Fund Balance of the General Fund; and would also approve the mediation contract. Village Manager Bradford explained that Jupiter had been designated as the entity to pay Mr. Goodheart and would bill the other three municipalities for their respective shares. The cap was $40,000. Village Manager Bradford recommended approval of the Resolution. Stan Jacobs questioned the advisability of holding the preliminary meeting during the off season when many people were not in residence. Mayor Mackail responded that this was the timing element that had been set forth. Village Manager Bradford explained that the sole purpose of the preliminary meeting was to spell out the proposed process to be used by Mr. Goodheart and to answer any questions, and the real process would begin closer to October. The Village Manager commented that this was basically a compromise date since he had • Village Council Meeting Minutes August 8, 1996 Page 17 --------------- tried for a municipalities possible. later date, but the other three had wanted the meeting as soon as Councilmember Meder made a motion to approve Resolution No. 33-95/96. Vice Mayor Schauer seconded the motion. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer - for Carl C. Hansen - for Michael R. Mader - for The motion was therefore passed and adopted. H) Resolution No. 34-95/96 - In Support of the American • Wetlands Research Foundation and the Channel Dredging Committee of Heach Road in Tequesta, Florida, to Conduct a SHORE and MANGROVE PROTECTION Project. (Staff Recommends Approval) Village Attorney Randolph read Resolution No. 34-95/96 by title only. Village Manager Bradford introduced Mr. Robert Snyder, an oceanographic engineer living in Jupiter Inlet Colony. Mr. Snyder read from a May, 1994 issue of the State Department of Environmental Protection newsletter, Environmental Exchange Points: The Florida Department of Environmental Protection is required by the Florida Environmental Reorganization Act of .2993 to develop and implement measures to 'protect the functions of entire ecological systems through enhancement, coordination of public land acquisition, regulatory and planning programs.' DEP will accomplish this by using a management concept known as Ecosystem Management. Mr. Snyder explained that in a later issue DEP's approach to Ecosystem Management was defined as place-based management (working with cities and counties with Federal, State, and local agencies and • landowners to protect and improve the real ecosystem • Village Council Meeting Minutes August 8, 1996 Page 18 --------------- off in the watershed). Mr. Snyder commented that the American Wetlands Research project with which he was involved was located just off the 707 bridge and was currently funded by a grant from a condominium group which had the boat berthing facilities. Mr. Snyder presented a video which explained the project. After the video had been viewed, Village Manager Bradford explained that this Resolution would basically express the Village Council's support of this project and that Mr. Snyder would benefit from that support in seeking out necessary permits, grants, and other assistance required to help the four condominiums involved to get this project permitted and constructed. Jack Downey, Island House Southwest, explained that his condominium was located in the center of the • condominiums involved and clarified that the four condominiums had joined in the past and paid for their own dredging, which was becoming very expensive because fill was coming faster from increased boat traffic. Mr. Downey encouraged support for this Resolution. Councilmember Hansen made a motion to approve Resolution No. 34-95/96. Councilmember Mader seconded the motion. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer - for Carl C. Hansen - for Michael R. Mader - for The motion was therefore passed and adopted. VIII. ANY OTHER MATTERS In response to Councilmember Meder's request, Village Attorney Randolph provided an update regarding the case involving the Bird Lady, Mrs. Weir. Attorney Randolph • explained that he did not attend the trial, which had been handled by Attorney Brian Waxman of his office. The judge • Village Council Meeting Minutes August 8, 1996 hags 19 had made a determination that the evidence received was not sufficient for a verdict in favor of the Village to be rendered. Two police officers had testified, and Mr. Waxman had indicated that their testimony had gone very well. Mr. Waxman had indicated that he had also arranged for witnesses to testify who had apparently been complainants, who had not attended. Councilmember Meder commented that was contradictory to comments from complainants who had visited him and had stated that they had not known anything about the legal proceeding. Attorney Randolph explained that he had not been able to speak directly to Mr. Waxman to get specifics as to who he had contacted, but would obtain that information and would find out if Mr. Waxman had any other information. Attorney Randolph commented that there had been a previous hearing where a $500 fine had been levied and paid; that this was a second citation, and if the nuisance continued it would either be cited again or brought • before Code Enforcement Special Master. Vice Mayor Schauer commented that she had received three phone calls from residents regarding the newspaper article, and that it was really disheartening that only the police officers had appeared, that it had been reported in the newspaper, and that it did not make the Village look good. Attorney Randolph explained that this type of case peaked the interest of newspaper reporters and that no one liked to be involved in a loss, but that this was not the end of the line since Mrs. Weir would continue to be prosecuted if the nuisance continued. Councilmember Meder requested that Attorney Randolph obtain further information from the attorney who had handled the case. Village Manager Bradford explained that in this case when the Code Enforcement Board had been in existence, the Code Enforcement Officer had requested approval by the Village Manager to take this matter to Court as opposed to another hearing before the Code Enforcement Board, which Village Manager Bradford had granted. The issues of concern such as complexity of the details, etc., would no longer be • applicable under the present Special Master System. • Village Council Meeting Minutes August 8, 1996 Page 20 --------------- Councilmember Hansen expressed concern that BRITT and probably the Jupiter Theater would no longer be operating in this area, and the Coastal Players had no facility for presenting plays. Susan Emley had requested help from the Village, and Councilmember Hansen stated that the Village should do whatever could be done to help them, and that although cultural matters were not listed as one of the top five priorities that the Village Council should not forget the cultural aspects of this Village. Councilmember Meder commented that while Councilmember Hansen had been on vacation, during discussion of Village Council priorities he had commented that he felt it was not the Village Council's place to spend millions of dollars to build a cultural facility for non-profit enterprises; however, if they raised funds and were successful in finding a site within the Village to build a cultural facility that the Village could waive approval fees. Councilmember Meder stated that he did • not think the Village was responsible to fund such items. Vice Mayor Schauer questioned whether the Village had heard from the Coastal Players recently, to which Village Manager Bradford responded that Mayor Mackail had obtained a time extension for them to stay longer in the building owned by Mr. DiVosta, however, that extension time had now expired. Mayor Mackail stated that he did not share Councilmember Meder's feelings on this matter; that the Village had lost BRITT because the community had not been financially able to compete with the County and with the larger municipalities; that there were State funds available if the Village could help; if the Village built facilities that could be a part of it; and that Coastal Players, Lighthouse Gallery, and the Camelot all wanted to stay in Tequesta. Mayor Mackail stated that he believed the Village must become involved through leadership because those organizations would otherwise be taken from this community. These entities were eligible for State funding as 501C organizations, which might be jeopardized if the Village became financially involved; but suggested that the Village bring them together, keeping each an independent organization, use their resources in conjunction with Village resources, that there might be a way to keep the three organizations in the Village. Mayor Mackail requested that Village Manager • Bradford look into grants and other State funds that might be available. Councilmember Hansen agreed and stated that • Village Council Meeting Minutes August 8, 1996 Page 21 the Village needed to demonstrate to these organizations that although the Village could not build a facility for them, the Village did have an interest in their continued presence within the Village, and would be happy to help in other ways. Mayor Mackail stated that financial involvement by the Village would jeopardize the 501C status of the organizations. Mayor Mackail described children's programs now in progress at Lighthouse Gallery for which funding was needed. Mayor Mackail requested .that the Village Manager Bradford in the near future formulate a plan whereby the Village could help these cultural organizations accomplish their goals. Village Manager Bradford explained that in October a new Planner would start employment with the Village and that one of his duties was grant writing to obtain available grants; and that the only thing he could do until then was to stay in touch with Mrs. Emily, listen to each of her problems as they arose, and try to help. It was • the consensus of the Village Council that the Village Manager follow that course of action. Village Attorney Randolph reported that his office had had continued discussions with the Jupiter Town Attorney regarding the Jupiter vs. Tequesta lawsuit, and the Village Council's advice was needed in regard to the litigation and proposed negotiations. Therefore, the Village Attorney requested that an announcement be made for a closed door session relating to the litigation, to be held Monday, August 12, 1996, at 5:30 P.M. if possible. Village Attorney Randolph suggested that Village Clerk Manganiello could attend such a session as Acting Village Manager, and announced attendees as Mayor Ron T. Mackail, Vice Mayor Elizabeth A. Schauer, Councilmember Michael R. Meder, Acting Village Manager Joann Manganiello, the Court Reporter whose name was yet to be determined, and either himself, John C. Randolph, and/or Attorney Scott G. Hawkins. Mayor Mackail announced that on Monday, August 12, 1996, at 5:30 P.M. at the Village Hall, a closed door clientlattorney session with the Village Attorney would be held; the attendees would be Mayor Ron T. Mackail, Vice Mayor Elizabeth A. Schauer, Councilmember Michael R. Meder, Acting • Village Manager Joann Manganiello, the Court Reporter whose name was yet to be determined, and either Village Attorney Village Council Meeting Minutes August 8, 1996 Page 22 John C. Randolph, and/or Attorney Scott G. Hawkins. XIV . ADJOURNMENT Councilmember Mader moved that the meeting be adjourned. Councilmember Hansen seconded the motion. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer - for Carl C. Hansen - for Michael R. Mader - for the motion was therefore passed and adopted and the meeting was adjourned at 9:30 P.M. • Respectfully submitted, .~~~;~ Betty Laur Recording Secretary ATTEST: J nn Mangani to Village Clerk DATE APPROVED: •