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HomeMy WebLinkAboutMinutes_Regular_04/11/1996VILLAGE 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 APRIL 11, 1996 I. CALL TO ORDER AND ROLL GALL The Tequesta Village Council held a meeting at the Village Hall, 357 Tequesta Drive, Tequesta, Florida, on Thursday, April 11, 1996. The meeting was called to order at 7:00 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 Councilmember Capretta 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 were requested under Any Other Matters: ~; Councilmember Meder requested addition of: Recycled Paper • ~ VILLAGE COUNCIL MEETING MINUTES APRIL 11, 1996 PAGE 2 ---------------- (1) Changes to Village Council meeting format (2) Newspaper article regarding the Tequesta water system and the amount Tequesta was paying Jupiter {3) July 6, 1996 - Olympic torch (4) A proposal currently under discussion regarding moving Village offices to another site and using the existing site as a Public Safety complex (5) Mediation on North County road issues Councilmember Hansen requested addition of (1) Discussion of Dover Ditch Vice Mayor Schauer requested addition of (1) Tequesta Fire Rescue incident report (2) Village Council priorities (3) Dream Cars in Tequesta Shoppes and the zoning code Vice Mayor Schauer also requested that item X(G} be pulled from the Consent Agenda. Councilmember Hansen made a motion to approve the Agenda as amended. Yice 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. PRESENTATIONS AND PROCLAMATIONS A) Presentation of Proclamation to the Palm Glades Girl Scout Council, Naming April 22, 1996, Girl Scout Leader's Day in the Village of Tequesta. Mayor Mackail read the Proclamation aloud and presented ~, it to Girl Scout Leader Carla Ganzel and her two VILLAGE COUNCIL ` MEETING MINUTES APRIL 11, 1996 PAGE 3 ---------------- daughters, both of whom were Girl Scouts. 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. APPROVAL OF MINUTES AND REPORTS *A) Community Appearance Board; February 28, 1996 *B) Community Appearance Board; March 13, 1996 *C) Tree Board; February 28, 1996 *D) Village Council Meeting; March 7, 1996 *E) Village Council Meeting; March 21, 1996 *F) Village Manager's Report; March 4, 1996 - April 5, 1996 VIII. APPOINTMENTS *A) Community Appearance Board *1) Consideration of Re-Appointment of Mo11y McCormick as an Alternate Member to the Community Appearance Board, with said Term Expiring on 4/12/97. (Staff Recommends Approval) *B) Indiantown Road and Bridge Task Force *1) Consideration of Re-Appointment of Vice Mayor Elizabeth Schauer as Tequesta Representative on the Indiantown Road and Bridge Task Force. (Staff Recommends :,.~,. Approval) r VILLAGE COUNCIL MEETING MINUTES APRIL 11, 1996 PAGE 4 ---------------- X. NEW BUSINESS *B) Consideration of Acceptance of FY 1994/1995 Comprehensive Annual Financial Report. Bill C. Kascavelis, Director of Finance. (Staff Recommends Approval) *D) Consideration of Bid Award to Rood Landscape Company, Inc., of Tequesta, Florida, in the Amount of $52, 757.20 for the U. S. One/S. R. 5 Median Improvement Project, Having an FY 1996 Capital Improvement Fund Budget Allocation Balance of $62,795. Gary Preston, Director of Public Works and Recreation. (Staff Recommends Approval) *E) Consideration of Bid Award to Maroone Auto Plaza of Pembroke Pines, Florida, for One 1996 Chevrolet 5-10 Pick-Up Truck in the Amount of $11,426 per Florida State Contract No. 070- 500-140, Having an FY 1996 Water Enterprise Fund Renewal and Replacement Account Budget Allocation of $12,200. Thomas C. Ha11, Water System Manager. (Staff Recommends Approval) *F) Consideration of Bid Award to Caruso Regency Dodge of Jacksonville, Florida, for One 1996 Dodge 1500 ~ Ton Pick-Up Truck in the Amount of $14,157 per Florida State Contract No. 070- 500-410, Having an FY 1996 General Fund Budget Allocation of $15,000. Gary Preston, Director of Public Works and Recreation. (Staff Recommends Approval) Motion was made by Councilmember Hansen to approve the Consent Agenda as amended by the deletion of it~n X(G). The motion was seconded by Vice Mayor Schauer. The vote on the motion was: :~,~, VILLAGE COUNCIL MEETING MINUTES APRIL 11, 1996 PAGE 5 ---------------- Ron T. Mackail - for Elizabeth A Schauer - for Joseph N. Capretta - for Carl C. Hansen - far Michael R. Meder - for The motion was therefore passed and adopted and the Consent Agenda was approved as submitted. X. G) Consideration of Bid Award to Dickinson Management, Inc. of Jupiter, Florida, in the Amount of $13,679.71 to Furnish and Install all Proposed Phase III Tequesta Drive Streetscape Trees, Having an FY 1996 Capital Improvement Fund Budget Allocation of $12,500 to be Augmented by an Inter-Fund Transfer of $1,179.71 from Public Works Account Streetscape Trees. Gary Preston, Director of Public Works and Recreation. (Staff Recommends Approval) Item X(G), which had been pulled from the Consent Agenda, was discussed. Vice Mayor Schauer questioned the number of trees which were proposed in front of Bermuda Terrace. Mr. Preston pointed out the trees on a Streetscape map, and explained that this would be the final phase, and that he would inform the residents after receiving Village Council approval. In response to the Vice Mayor's question regarding what would happen if the residents did not want the trees, Mr. Preston explained that when that situation had occurred in the past that the Village had refrained from installing the trees. Motion was made by Vice Mayor Schauer to approve Item X(G). The motion was seconded by Councilmember Hansen. The vote on the motion was: Ron T. Mackail - for VILLAGE COUNCIL ,,. MEETING MINUTES APRIL 11, 1996 PAGE 6 ---------------- Elizabeth A Schauer - for Joseph N. Capretta - for Carl C. Hansen - for Michael R. Meder - for The motion was therefore passed and adopted. VII. COMMITTEE REPORTS A) Finance & Administration Committee Meeting; March 25, 1996 Councilmember Capretta reported that at this meeting a letter written by John Giba which had appeared in the newspaper had been discussed in connection with the problem of how to arrive at a vision for Tequesta. Councilmember Capretta explained that in past years each Councilmember had submitted a list of five priorities which were merged in the order submitted to arrive at five priorities for the Village Council to pursue for the year. The Committee discussed ways to obtain ideas from citizens regarding what should be done in the next five years to improve the Village and how to handle some of the more serious problems, i.e., downtown redevelopment, public safety, reverse osmosis plant, water supply, etc.; and to find out whether the citizens were willing to have taxes raised to pay for these items. The Committee had proposed the possibility of a series of meetings to obtain citizen input, with invitations to be sent to various groups, Homeowners Associations, regular attendees of Village Council meetings, and to "againners", people who were against everything, to obtain negative positions. Councilmember Capretta requested that residents send him letters with their ideas on how this process should be handled, how items should be prioritized, and how to raise the money to pay for the projects. Councilmember Meder commented that the Committee had also discussed a way to get information to the people about the activities of the Village government. ~. VILLAGE COUNCIL MEETING MINUTES APRIL 11, 1996 PAGE 7 ---------------- Councilmember Meder demonstrated a computer which constantly scrolled approximately 17 information screens listing all Village committees, names of the members, date, time and location of the next meeting, and meeting agendas. Councilmember Meder suggested the Village Hall meeting room as one location for the computer information program, with the screen facing so that it could be read through the window, and explained that the Committee would be discussing other locations within the Village where additional computers could be placed. Motion was made by Councilmember Hansen to approve the report of the Finance & Administration Committee meeting of March 25, 1996. 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. IX. DEVELOPMENT MATTERS A) Request for Renewal of Temporary Off-Site Development Sign to be Located at the Northeast Corner of Tequesta Drive and Cypress Drive for Cypress Ridge Subdivision. Gary Van Brock, Van Brock Construction Company. Building Official Scott D. Ladd explained that there had been no negative reaction to the temporary sign, which directed people to the open house for the subdivision. Motion was made by Councilmember Meder to approve the request for a Temporary Off-Site Development Sign for Cypress Ridge Subdivision until December 31, 1996. The '"w.rr VILLAGE COUNCIL MEETING MINUTES APRIL 11, 1996 PAGE 8 ---------------- 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. B) Landscape Ordinance No. 377 Plan Review; Landscape Waiver Request; Tequesta Towers Condominium, 400 Beach Road. O'Mahoney Design Group. Emily O'Mahoney represented the applicant, Tequesta ,; Towers Condominium, as Landscape Architect, and explained that she saw no problem with this work proceeding in the near future. Mayor Mackail reported that this application had been approved by vote of 5-0 by the Community Appearance Board. Motion was made by Councilmember Hansen to approve the Landscape Ordinance No. 377 Plan Review and Landscape Waiver Request for Tequesta Towers Condominium. 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. C) Landscape Ordinance No. 377 Plan Review; Landscape Waiver Request; Seamist Condominium, 275 Beach Road. ~, O'Mahoney Design Group. ~~ VILLAGE COUNCIL 'mow MEETING MINUTES APRIL 11, 1996 PAGE 9 ---------------- Emily O'Mahoney represented the applicant, Tequesta Towers Condominium, as Landscape Architect. Vice Mayor Schauer complimented Ms. O'Mahoney on the pictures provided in the package. Mayor Mackail reported that this application had been approved by vote of 5-0 by the Community Appearance Board. Motion was made by Councilmember Meder to approve the Landscape Ordinance No. 377 Plan Review and Landscape Waiver Request for Seamist Condominium. 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. D) Landscape Ordinance No. 377 Plan Review; Landscape Waiver Request; Starvin' Marvin Speedway, 104 U.S. Highway One North. Innocenti & Webel. This agenda item was presented after the Landscape Ordinance No. 377 Plan Review for the Robinson Building, since Landscape Architect Bert Krebs had not yet arrived at the meeting. Building Official Scott D. Ladd explained that the main concerns with this site were that there was not room for buffering from U.S. Highway One or from Tequesta Drive because of property takings for roads, and that much of the landscaping on that site was actually in the right-of- ways. Mr. Ladd explained that the landscaping provided by the Village around their sign helped this site but made it difficult for the applicant to comply with Ordinance 377. The applicant had proposed to add additional landscaping on the north and west sides to make up for what they could not do on the east and south, and to add three large pots on the walkway in ~, front of the building as requested by the Community Appearance Board. Mr. Ladd requested that the pots be VILLAGE COUNCIL +~,,. MEETING MINUTES APRIL 11, 1996 PAGE 10 ---------------- secured so that they would not be stolen. Mr. Krebs explained that all required plants were on the property in some location, that the tree requirement had been met, and that the shrub requirement had been exceeded. Councilmember Hansen commented on the poorly maintained landscaping on the U.S. One side. Mr. Krebs explained that the black olive trees which had been pruned into balls would be allowed to grow out and that a new maintenance program would be instituted. Vice Mayor Schauer referred to minutes of the February, 1996 Community Appearance Board meeting which stated that Chair Cook had intended to contact DOT regarding plantings which the applicant had been willing to provide but which were not allowed by DOT, and inquired whether that had been done. Mr. Ladd responded that Chair Cook had not mentioned whether or not she had made that contact. Vice Mayor Schauer requested that Mr. Ladd contact Chair Cook to find out if she had contacted DOT. Mr. Krebs responded to Mayor Mackail's question that new irrigation would be installed. Motion was made by Vice Mayor Schauer to approve the Landscape Ordinance No. 377 Plan Review and Landscape Waiver Request for Starvin' Marvin Speedway. 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. E) Landscape Ordinance No. 377 Plan Review; Landscape Waiver Request; Robinson Building, 399 North Cypress Drive. Interplan, Inc. .~~. Owner Gary Robinson reviewed the waivers requested. ,,,,,~„ Building Official Scott D. Ladd explained that VILLAGE COUNCIL MEETING MINUTES APRIL 11, 1996 PAGE 11 ---------------- driveway was shared with Altmont Villas, and that the problem with the dumpster had been that the fence screening the dumpster was in disrepair. Mr. Robinson stated that he had replaced the fence with all new material. Motion was made by Vice Mayor Schauer to approve the Landscape Ordinance No. 377 Plan Review and Landscape Waiver Request for the Robinson Building, 399 North Cypress Drive. 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. C) Landscape Ordinance No. 377 Plan Review; Landscape Waiver Request; Rinker Materials, 381 Old Dixie Highway South. Howard F. Ostrout, Jr. & Associates. Howard F. Ostrout, Jr., Landscape Architect, commented that Jeff Porter, Project Manager for Rinker Materials was present at the meeting. Building Official Scott D. Ladd expressed concern that the required 5-foot divider median between abutting rows of parking was requested to be waived. Mayor Mackail questioned what had been done on similar applications in the past, to which Mr. Ladd responded that other applicants had been required to provide the divider medians, and cited the Presbyterian Church as an example. Mayor Mackail commented that he had never seen that parking lot filled to capacity so that there would not be room for the median. Councilmember Meder questioned why this matter had not been discussed by the Community Appearance Board, which had approved this application 5-0. Mr. Ostrout explained that because of space ~«~ restrictions that including a median divider would necessitate smaller compact size parking spaces rather VILLAGE COUNCIL MEETING MINUTES APRIL 11, 1996 PAGE 12 ---------------- than full size spaces. Mr. Ladd commented that the Village had changed the requirement from 10'x 20' spaces to 9' x 18" since this plan was laid out, and that the median divider could be reduced from the 5- foot required width in order to accommodate 14 parking spaces, if necessary. Mr. Ladd advised the Village Council that future applications would be presented with this same situation and that the Village Council should be consistent in their requirements of applicants, and therefore the staff recommendation was that the median divider be required of this applicant. Discussion ensued whether the dimensions of the parking lot would allow a median divider and 14 parking spaces. Councilmember Capretta suggested that a minimum size parking lot requirement be set as the determining factor whether or not an exception would be made on future applications. Mr. Ostrout explained that the dimensions would accommodate a 4-foot median divider and 14 9' x 18' parking spaces. Mayor Mackail passed the gavel to Vice Mayor Schauer and made a motion to approve the Landscape Ordinance No. 377 Plan Review and Landscape Waiver Request for Rinker Materials, 381 Old Dixie Highway South, with a 4-foot center island planter between the middle raw of the parking spaces. 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. X. NEW BUSINESS ., ~,,,. A) Resolution No. 22-95/96 - Approving an Interlocal VILLAGE COUNCIL MEETING MINUTES APRIL 11, 1996 PAGE 13 ---------------- Agreement Between the Palm Beach County Board of County Commissioners and the Village of Tequesta for the Creation of the North County Education Foundation in Order to Promote a Racially Balanced School System within the North County Area Through the Establishment of a Community that is Accepting of People of all Races. (Staff Recommends Approval) Village Manager Bradford explained that the North County Education Foundation had been created by former members of the North County Education Committee which had sunset in December, 1995, and that the proposal was for the North County Education Foundation to take the committee's place relative to the issue of integration of the schools to avoid bussing and other items such as siting and planning of new schools in the North County area. The Village Manager reported that the Town of Jupiter had approved this agreement of March 5, that Palm Beach County was debating the subject, and that the Palm Beach School Board was not involved as they had been with the Committee, which he suspected might be because of the School Board's dismay with the success of the different committees created across the County to express the desire to maintain neighborhood schools. Councilmember Hansen reported at the last Committee meeting that a member of a minority group had addressed the Committee and explained that although a community accepted minority groups that they must also make their community financially affordable for the minority groups to live there, so that Councilmember Hansen wanted those present to realize that affordable housing might have to be provided by North County communities. Village Attorney Randolph read Resolution No. 22-95/96 by title only. Councilmember Meder made a motion to approve Resolution 22- 95/96. Councilmember Hansen seconded the motion. The vote yam, on the motion was: err VILLAGE COUNCIL MEETING MINUTES APRIL 11, 1996 PAGE 14 ---------------- 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. C) Resolution No. 23-95/96 - Approving a Highway Beautification Grant and Maintenance Memorandum of Agreement with the State of Florida Department of Transportation for U.S. Highway One. (Staff Recommends Approval) Village Manager Bradford described problems which the Village had encountered in landscaping the U.S. Highway One medians. One concern had been a DOT ,,, requirement that a maintenance agreement applying to a realm beyond the medians be executed, however, since DOT had eliminated most of the green space on the edges of the right-of-way it would not be the problem which had been anticipated. Another concern had been that after the Village had gone to the trouble of designing a landscape plan according to DOT specifications, that DOT had disapproved it. Now a minimal landscape plan was in place which had been approved in tonight's Consent Agenda. Before the Village could move forward the memorandum agreement must be signed, which basically stated that the Village agreed to maintain the medians and portions of the rights-of-way in return for DOT allowing the planting and irrigation to occur. The Village Manager explained that safety was an issue for workers doing the maintenance along the roadway, and that the Village would contract this work out because of safety concerns and the additional costs of flagmen, etc., required to meet DOT safety standards. Village Attorney Randolph read Resolution No. 23-95/96 by title only. Councilmember Meder made a motion to approve Resolution 23- VILLAGE COUNCIL MEETING MINUTES APRIL 11, 1996 PAGE 15 ---------------- 95/96. 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. H) Announcement/Notice of Attorney-Client Session Concerning Litigation in Village of Tequesta v. Town of Jupiter (Water Rate Dispute) at a Special Meeting to be Held on April 23, 1996, Commencing at 7:00 P.M. Wherein a Closed Door Attorney-Client Session per F.S. 286.011 (8) Shall be Held. John C. Randolph, Village Attorney. 1) Subject Matter of Meeting 2) Attorney-Client Session Attendees a) Joseph N. Capretta b) Carl R. Hansen c) Ron T. Mackail d) Michael R. Meder e) Elizabeth A. Schauer f) John C. Randolph g) Thomas G. Bradford h) Court Reporter (name to be determined) Village Manager Bradford announced that the Court Reporter to be present at the Attorney-Client Session was Mary Lesson. Village Attorney Randolph explained that the process was done pursuant to Florida State Statute 286.011 regarding public meetings which contains a provision providing for a closed door session or an attorney-client session, and the method in which that session should be called. The Statute provides that reasonable public notice be given of the time and date of the attorney-client session and the r,~,~ VILLAGE COUNC I L MEETING MINUTES APRIL 11, 1996 PAGE 16 ---------------- names of the persons who will be attending the session, which was the purpose of this announcement. Attorney Randolph stated that there would be an attorney-client session to be scheduled in the case of Village of Tequesta v. Town of Jupiter at a special meeting to be held on April 23, 1996 commencing at 7 P.M. which would be a closed door attorney-client session to discuss settlement negotiations or strategy sessions relating to litigation expenditures, which was the limit of what could be discussed at the closed door meeting. The date, time, place, subject matter of the meeting, and attendees were required to be announced. Attorney Randolph read aloud the names of the attendees: Joseph N. Capretta, Carl R. Hansen, Ron T. Mackail, Michael R. Meder, Elizabeth A. Schauer, John C. Randolph, Thomas G. Bradford, and Mary Lesson. Attorney Randolph explained that the procedure for the ,.. April 23, 1996 meeting was that a public meeting would be held, where an announcement would be made stating who would attend the closed door session, the purpose of the session, the topics to be discussed, and the approximate length of time of the closed door session. At the closed door session, the Court Reporter would record everything that took place. That transcription would not become available to the public until the litigation was concluded, at which time the transcript would be released. Attorney Randolph explained that at the conclusion of the closed door session the attendees would return to the public meeting, announce that the closed door session had been concluded, and that discussion on any matter could then occur at the public meeting. Village Attorney Randolph explained that the matter to be discussed at the closed door session was a counter offer from the Town of Jupiter. Village Manager Bradford stated that the meeting would start in the Village Hall meeting room, the attendees would retire to the closed door session in the conference room, after which they would return to the ~,,, Village Hall meeting room, so that the entire VILLAGE COUNCIL MEETING MINUTES APRIL 11, 1996 PAGE 17 procedure would take place at 357 Tequesta Drive, Tequesta, Florida. I) Discussion Relative to Ex-Parte Communications and Instances in Which Same is to be Revealed. John C. Randolph, Village Attorney. Village Attorney Randolph explained that he would review the requirements for ex-parte communication, and that he wanted to be sure that there was a clear understanding of when the Village Council would sit in a quasi judicial capacity, which he believed had been the source of confusion at a prior meeting. Attorney Randolph advised the Village Council that they would sit in a quasijudicial capacity as opposed to an administrative or legislative capacity when (1) entertaining an appeal, and (2) when entertaining an application subject to certain criteria set forth in the Village Code, such as variances, special exceptions, site plans, etc., which required the applicant to meet certain criteria in order to receive approval. The type of criteria determined whether the Village Council was sitting in a quasijudicial capacity. The Village Councilmembers were acting as judges with their discretion bound by the Village Code and the application of the Code. Village Attorney Randolph explained that appeals came to the Village Council from a Board also sitting in a quasijudicial capacity--for example, the Community Appearance Board--which had certain criteria which it was to follow. Village Attorney Randolph explained that previously ex-parte communications had not been favored in quasijudicial matters. The Village Attorney explained that when an attorney went before a court that the attorney was not supposed to have ex-parte communications with that judge. Everything heard before that judge was supposed to be heard in open court or with both sides present in front of the VILLAGE COUNCIL MEETING MINUTES APRIL 11, 1996 PAGE 18 ---------------- judge, since it would not be fair for one side to present their case to the judge without the other side being able to hear that case. Similarly, it would not be fair for one person to be heard by a Councilmember when no one else could hear that communication. As a result of lobbying by municipal and county governments that rule had been changed because governmental officials felt they couldn't properly represent their constituency if they could not talk to them about things, and legislation was passed that allowed ex- parte communications in regard to quasijudicial matters if announced publicly so that the applicant would know about the communication and would have an opportunity to address it. Attorney Randolph advised that the announcement should address the fact that the Councilmember had had an ex-parte communication, with whom, and the nature and extent of the communication. The Village Attorney commented that it was also ..q„~ appropriate to announce whether or not the ex-parte communication caused the Councilmember to have any preconceived feelings outside of the hearing, because any decision was not to be made until the matter was heard in full at the public meeting, just as if the Councilmember had heard nothing in regard to the matter before. Councilmember Meder questioned whether visiting a site for an application under consideration would apply, to which Attorney Randolph responded that the Councilmember should announce that a site visit had been made if the purpose had been to look around. Village Attorney Randolph suggested that witnesses be sworn as a reminder that a matter was to be conducted in a quasijudicial capacity. This could take the form of an announcement at the beginning of all appeals or all site plan reviews, etc., in which all people who wished to speak in regard to a matter that was coming up would be asked to stand, raise their right hand, and be sworn in. Although not specifically required, this would stress the importance of the quasijudicial , ~, matter. The Village Attorney explained that cross examination in quasijudicial matters need not take the VILLAGE COUNCIL MEETING MINUTES APRIL 11, 1996 PAGE 19 degree of formality as in court, but simply meant that people had a right to ask the Councilmembers questions, which was already done at the Village hearings. Village Attorney Randolph cautioned the Village Councilmembers that because quasijudicial matters could be appealed to the Circuit Court that the record would be reviewed and the position of the Council would be sustained by the Court if their position were supported by competent substantial evidence, so that a Court would be able to look at the record and determine whether or not the Councilmembers had evidence before them which allowed them to arrive at a decision. A Court would not substitute its opinion for the Council's opinion in regard to a matter; however, if a reviewing Court looked at the record and saw no competent substantial evidence which would allow the Councilmember to reach a conclusion, that Court would overrule the Council's decision. That was why the findings or reasons for a motion must be stated within the motion. Attorney Randolph gave the following example: I move approval because I find that under our Ordinance identify Ordinance] that the following criteria have been met. Attorney Randolph stated that it was very important if an application was denied that the motion contain the reasons for the denial. Village Manager Bradford pointed out that his memo setting forth a sample agenda format for future quasijudicial hearings (which used an example of an appeal from the Community Appearance Board decision on Sterling House) would also apply to Board of Adjustment and Code Enforcement Board quasijudicial hearings. In response to Councilmember Meder's question regarding whether a waiver to the landscape code would require a quasijudicial format, Village Attorney Randolph stated that he would research that matter and would advise the Councilmembers. Councilmember Meder questioned whether there was a VILLAGE COUNCIL '~,. MEETING MINUTES APRIL 11, 1996 PAGE 20 ---------------- form to fill out in order to disclose ex-parte communications. Village Attorney Randolph advised that there was no required form, and that a form could be provided if desired, or the communication could be written down on any paper, or remembered--whichever way was convenient and would jog the memory so that the ex-parte communication would be announced at the public hearing. XI. ANY OTHER MATTERS Councilmember Meder proposed moving the Communications from Citizens section of the agenda to the beginning of the meeting for future Village Council meetings with speakers limited to three minutes and the entire session of communications to one hour. Councilmember Schauer expressed her preference to leave Communications from Citizens in its present position near the end of the agenda, and explained that it used to be at the beginning but had been changed so that the Village Council could conduct their business first. Councilmember Hansen commented that his feeling was that it would not be fair to limit residents to speaking before the meeting because he believed a lot of ideas they spoke about came about during the meeting as items were presented, and suggested a half hour at the most at the beginning, in addition to the time at the end of the meeting. Councilmember Capretta suggested a 15-minute maximum time at the beginning of the meeting to speak to the Council regarding any item not on the agenda, and if a resident wished to speak regarding an agenda item that they speak when that item was presented. Councilmember Capretta suggested that the floor be opened to residents to obtain their ideas on the subject. Councilmember Hansen questioned why Councilmember Meder had made the suggestion, to which Councilmember Meder responded that he was concerned about residents having to wait to the end of a long meeting to speak for a short time, and that offering an opportunity to speak at the beginning would show respect for the residents. Chuck Hartley commented that Councilmember Meder's suggestion would be mare democratic, and that there had been items on tonight's agenda about which he would have liked to ~r.r have had an opportunity to speak. Mayor Mackail explained ~°~ VILLAGE COUNCIL MEETING MINUTES APRIL 11, 1996 PAGE 21 ---------------- that residents were invited to speak on any agenda item when they had filled in a card and identified that item. Mr. Hartley expressed his agreement with Councilmember Meder's proposal to move Communications from Citizens to the beginning of the meeting with the total time limited to a short period. Tom Little stated that on March 27 he had gone to the Village Manager's office and requested time on tonight's agenda to cover many items and specifically Village of Tequesta Article 9, Section 9.02, public meetings, which provided that all meetings of the Council shall be open to the public and the rules of the Council shall provide that the citizens of the Village shall have a reasonable opportunity to be heard at such meetings in regard to any matter pertaining to the Village of Tequesta. Mr. Little questioned whether the Village Charter or the rules established by the Council would take precedent, to which the reply was that the Charter would take precedent. Mr. Little explained that if reasonable opportunity and time were limited to three minutes that it would take him the next two years of continuous meetings to discuss the issues he had been working on, and that problems would arise if these issues were not discussed now. Mr. Little requested that he be given time to speak on the next Village Council agenda. Dottie Campbell explained that the residents felt put upon a lot of the time, and that having communications from citizens at the end of the meeting did not improve the climate when people were really mad about something. Ms. Campbell explained that it was a problem for people to find out that it was necessary for a card to be filled out in order to speak, and suggested that Communications from Citizens be moved to the beginning of the meeting and that a table be set up near the door with a supply of cards and someone there to explain that a card should be filled out in order to speak. Mr. Little suggested that people fill out cards for several agenda items ahead of time to cover themselves, and then give up their time if they did not want to speak when the time came. Village Manager Bradford stated that it was not a specific requirement that a card be filled out in order to speak, however, it would behoove residents to fill out a card to guarantee that they would be called at the proper time. Village Manager Bradford stated that the Council often r.~r °y'~ VILLAGE COUNCIL MEETING MINUTES APRIL 11, 1996 PAGE 22 ---------------- failed to call for public comment before a vote, which should be corrected. Jim Humpage suggested a town meeting prior to the Council meeting where citizens could voice their opinions and could then be better prepared for the Council meeting. Hal Hutchinson requested that the Council try the proposal to see how it worked. Councilmember Meder asked to make a motion, then stated he would withdraw the motion to reword and rethink the motion to incorporate both the idea of a short communication period at the beginning as well as a period at the end of the meeting. Discussion ensued, with a suggestion by Vice Mayor Schauer that the period at the beginning of the meeting be placed after any presentations or proclamations and before the Consent Agenda. Councilmember Hansen suggested a period at the beginning for communications to be limited to 15 minutes, that comments regarding agenda items be addressed when they were discussed, and at the end of the meeting speakers could address any topic, which would provide three opportunities for communications from citizens. ._ Councilmember Meder made a_~notion -to~-p~ut_anadditional input `~~'~~~- from citizens must ahead of the Consent Agenda to be limited to 15 minutes to speak about any pressing matter not on the agenda, and that citizen input be heard on matters throughout the agenda as they were discussed throughout the agenda, and then to have another period at the end of the meeting where citizens could speak for three minutes with no limit as to the total time as placed in the beginning. Discussion ensued in which Vice Mayor Schauer requested clarification of an earlier indication from Councilmember Meder that he wanted shorter Council meetings. Councilmember Meder clarified that was another issue which he had not yet proposed but that that reference had been to the idea of limiting the time of an agenda item which went on and on, such as had occurred at the January meeting with the Sterling House application, by postponing it to the next meeting. Councilmember Meder clarified that his motion was for discussion of non-agenda items during the 15 minutes at the beginning, and added to the motion that input from citizens be called for before a vote on each item. Further • VILLAGE COUNCIL MEETING MINUTES APRIL 11, 1996 PAGE 23 ---------------- discussion ensued. Councilmember Capretta suggested the following three changes: (1) that 15 minutes be allowed for communication from citizens on non-agenda items before the Consent Agenda item, (2) that announcement be made that cards were available to sign up to speak, and {3) that the discipline be followed of calling for public comments before voting on each agenda item. Councilmember Meder stated that he withdrew his previous motion. Councilmember Meder made a motion to place Communications from Citizens on future agendas immediately before the Consent Agenda for 15 minutes, that residents be reminded to fill out cards to participate in the 15-minute input session, and that the Council discipline itself to ask for public input before each vote of Council. 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. Councilmember Capretta stated that he was bothered that only regular attendees of the Village Council meetings provided input, and that since many of the others only came when they were upset about something, he had trouble getting input from them on the important problems facing the Village, such as how to fix the problem of the Village going broke because the assessed value of the Village property had stayed flat while the cost of operating the Village had risen each year. Councilmember Meder commented he was having no problem obtaining input from residents. Councilmember Meder commented that in order to preclude a problem with a Village Council meeting dragging out, he had wanted to suggest a 3-hour limit for Council meetings; however, with the previous action taken to limit "~'' Communications from Citizens, that he no longer felt it was ~wr VILLAGE COUNCIL MEETING MINUTES APRIL 11, 1996 PAGE 24 ---------------- necessary to limit the meeting, but requested that the Council keep in mind that if an agenda became very long that the meeting could be recessed and reconvened on another night to give residents an opportunity to address an item when they were unable to last through a long meeting. Mayor Mackail suggested the possibility of a day meeting and an evening meeting to give different groups an opportunity to attend, such as elderly residents who could not drive at night. Councilmember Meder suggested early evening meetings at approximately 5:30 P.M. Councilmember Meder suggested a table near the door for input cards and for feedback cards residents could take home to fill out which would ask (1) how useful the information presented in the meeting had been, and (2) what feedback the resident would like to provide regarding the meeting. The cards would be available for all committee meetings as well as Village Council meetings. After a short discussion, Mayor Mackail commented that setting up a table was not a problem, and suggested that Councilmember Meder talk with staff to accomplish this. Councilmember Meder commented that a citizen had questioned him, stating that their understanding was that Tequesta was not sending any of the money from the water payment to Jupiter. The Village Manager clarified that only the amount in dispute was being withheld from Jupiter, and was being placed in an interest bearing account. Councilmember Meder commented that he hoped the newspaper would print this clarification. Councilmember Meder suggested that plans be made by the Recreation Department, Police Department, and Fire Rescue for July 6 when the Olympic Torch would be carried through the Village on U.S. Highway One, and asked the Village Manager to consider the possibility of a reviewing stand or some activity which might benefit Tequesta businesses. Councilmember Meder explained that he had been asked why the Village offices would not remain on the present site with the public safety complex moved to another location instead of vice versa. Village Manager Bradford explained that the Public Safety Committee was considering all options, but ,,~,,, VILLAGE COUNC I L ~,, MEETING MINUTE S APRIL 11, 1996 PAGE 2 5 ---------------- were leaning toward using the present site for Public Safety, mainly because most other sites were east of the railroad tracks which could cut off most of the population to be served by them. The Village Manager stated that a new option had come available which he would be speaking to the Councilmembers about. Councilmember Meder commented on the March 1, 1996, premediation memo from the Village Manager and suggested that associations abutting Riverside Drive, Seabrook Drive, and Tequesta Drive be invited to participate in the upcoming mediation. Mayor Mackail commented that Country Club Drive residents and residents from other areas in Tequesta had not been invited to the February mediation meeting, and that he and the Village Manager had made it very clear that Tequesta wanted representation by the proper groups. Village Manager Bradford stated that he was trying to get as many representatives as possible and wanted the representation expanded so that the Country Club Drive residents could also have a representative. Councilmember Meder requested that Riverside Drive, Seabrook Drive, and Tequesta Drive be discussed as well as Country Club Drive. Mayor Mackail explained that the problem at the last meeting was that there were so many issues to be decided and everyone had their own priorities, so that there was no real consensus of how to address the road situation. Betty Nagy requested that residents who do not live in a Homeowners Association be notified as well as Homeowners Associations, when Homeowners Associations were contacted and invited to any meetings. Mrs. Nagy commented that she would provide the name and address of a contact person for that group of residents. Village Manager Bradford explained that Councilmember Meder's request to expand the mediation focus from Country Club Drive and Seabrook Road to include Tequesta Drive and Riverside Drive would be attempted, however, it might not be passible to accomplish. The Village Manager explained that the other communities were upset with Tequesta over their actions on Country Club Drive and did not particularly care ~,,, about Tequesta Drive. Vice Mayor Schauer explained that the `~,. Village had not been properly notified before the last ~~_ VILLAGE COUNCIL `w~ MEETING MINUTE S APRIL 11, 1996 PAGE 2 6 ---------------- meeting so that the impression had been that the Village could only have two representatives, the Mayor and Village Manager. Vice Mayor Schauer assured Mrs. Nagy that she would personally see that the group of residents who were not in a Homeowners Association were contacted regarding meetings if she were given the contact information. Arnold Blum, 410 Tequesta Drive, commented that although all meetings were listed in the newspaper that it was not clear what would be discussed, and gave as an example the meeting where minimum property standards were discussed and homeowner's associations had been invited, but the people not in a homeowner's association were not. Mayor Mackail commented that Mr . Blum' s point was good, and that other ways of communication were being considered, such as the computer information program; however, anyone could call the Village Hall for meeting information, but the majority of people did not call. Mr. Blum commented that it would be a great help to residents if the communications were in plain English that everyone could understand. Mayor Mackail commented that at the meeting regarding minimum property standards it was apparent that there was a tremendous amount of miscommunication, and that people had left the meeting with misconceptions. Councilmember Meder suggested that the Village Newsletter list the Village officials, show a calendar for the year with meeting dates indicated, and list Department Heads and their phone numbers, which would follow the pattern used by Juno Beach in their new newsletter. Councilmember Meder suggested the Community Information Guide be updated, to which Vice Mayor Schauer responded she believed it was already in print. Cyrese Colbert commented that at one time there had been a bulletin board just inside the door of the Village Hall meeting room where agendas, meeting notices, and proposed resolutions were posted. Ms. Colbert commented that a bulletin board could be put into place the next day, to be used until the computer system could be placed into effect. ~..r VILLAGE COUNCIL MEETING MINUTES APRIL 11, 1996 PAGE 27 ---------------- Mayor Mackail commented that every effort would be made to increase communication to the public. Councilmember Hansen commented there had been a meeting approximately a month ago at the Village Hall regarding Dover Ditch, where a lot of pros and cons had been presented. Councilmember Hansen stated he had walked the whole ditch, had seen the mangroves, the erosion, and everything that had been discussed at the meeting; and had been amazed that underground piping had not been done long ago. Councilmember Hansen commented he had been appalled to learn that portions of the ditch were bordered on both sides by Jupiter, and believed Jupiter must become involved so that Tequesta would not have to pay for the whole project. Councilmember Hansen expressed concern for the people who had experienced water problems, stating that would happen again. Village Manager Bradford reported that the current situation had been created by an agreement Tequesta had -- executed in 19?9 agreeing to maintain the Dover Ditch in perpetuity in return for the privilege of discharging drainage to the ditch, and mentioned that a photograph of the ditch when first completed showed that the banks had been merely sand, which inevitably eroded. The Village Manager explained that Tequesta had approached Jupiter several times over the years of 1987, 1988 and 1989 with no formal response from Jupiter that they would participate in an improvement project. For the first time, this past week a letter had been received from David Brown that Jupiter was doing an analysis and if they had to have positive outflow that they would consider a capital contribution to the project. Meanwhile over the years the banks had eroded, and property was falling into the ditch, and the liability was Tequesta's. Because easements had washed away and mangroves had grown up as a result of salt water intrusion, the Village was unable to get in or to do anything because of the law. At this point, Village Manager Bradford explained, all the Village wanted was to get permits, then wait to see if Jupiter would participate. Also, a proposal would be presented to the Public Works Committee to dredge and clear Dover Ditch using machines called spiders which would literally crawl through the ditch and eat the vegetation and dredge at the same time. This would hopefully create a better flow and allow time to see if Jupiter would _^- VILLAGE COUNCIL "~ MEETING MINUTES APRIL 11, 1996 PAGE 2 8 participate in proper underground drainage. Councilmember Hansen commented that there was a Village Ordinance to guard against children falling into swimming pools, but that a 2 or 3-year-old child could easily get into trouble in this open ditch. Councilmember Capretta reminded those present that ENCON was about to make a decision regarding whether to require sewers in Tequesta, and would probably vote to do it at their April 18 meeting regardless of the meetings and input from experts that attempted to say the study was invalid and did not prove the septic tanks were polluting the river. Al DeMott, ENCON Board member representing Tequesta, was present at the meeting. Councilmember Capretta suggested that Mr. DeMott and the other members of the ENCON Board be lobbied and that input be provided to the April 18 meeting. Councilmember Capretta also suggested that a legal strategy be developed by Village Attorney Randolph and Village Manager Bradford so that if ENCON did vote to require sewers that a plan would be ready to go to oppose them at every step when attempting to obtain permits, etc., and summarized by stating that the Village must utilize political influence, have technical people available to present the Village's position, and be prepared by having legal plans in place. Mr. Little commented that according to the Environmental Control District that the biggest pollutant to rivers came from surface drainage, not from septic tanks. Vice Mayor Schauer commented that a report provided to the Village Council by Fire Chief Weinand had been excellent. Vice Mayor Schauer expressed her opinion that it was time for the Council to consider priorities. Village Manager Bradford explained that Councilmember Capretta was talking about having a public process before setting the priorities. Councilmember Capretta stated he wanted to project out five years instead of only one, and to obtain input from residents on what projects they think the Village Council should be interested in; and then he wanted the residents to help prioritize and to help with financing ideas. Vice Mayor Schauer commented that Dream Cars in Tequesta ~M Shoppes had so many cars parked in the lot that customers `w for the yogurt shop and the two restaurants could not park VILLAGE COUNCIL "rte MEETING MINUTES APRIL 11, 1996 PAGE 29 ---------------- close to those businesses, and questioned Mr. Ladd whether this was allowed under the zoning code. Mr. Ladd explained that Dream Cars had been grandfathered in from their original operation at 10 Waterway Road, that any car with a valid tag could sit in a parking space, and that the owner took exotic cars on consignment. After further discussion of the problem, Mr. Ladd explained that Officer Davis had been talking with the owner and working on the problem. Councilmember Meder questioned whether Officer Davis had acted on this matter because of a citizen's complaint, since he understood that was the only way Officer Davis could act. Village Attorney Randolph explained that Councilmember Meder's understanding was in error--that the Code Enforcement Officer did not only react to citizen complaints, but that his job was to enforce the Village Codes and if he saw a violation of the code he was supposed to act on it. Councilmember Capretta commented that Officer Davis could act on a violation he could see from his car, but could not go into someone's yard or house looking for a violation. Mayor Mackail commented that he had read the financial report prepared by the outside auditors for the Village and stated that over the past four years the property values in the Village had decreased an average of 1.250 per year, although there was an increase of 3~ in 1995. Therefore, there was no choice but to promote growth within the community, and to develop the downtown, in order to get the tax base to $400,000,000--which it was hoped could be done in the next couple of years. The money was just not available for prioritry projects, such as the roads, and the only way to get it was to expedite site plan reviews and to work with developers as they come forward. Mayor Mackail explained that the only new development at the present time was Sterling House, which would not make a great contribution to increasing the tax base. Mayor Mackail stressed the importance of residents understanding that the tax base had not gone up. In regard to the problem of Country Club Drive, Mayor Mackail stated that the characteristics of Country Club Drive could not be changed, but that the Village could influence what would be built -~ west of Country Club Drive and that Jupiter communities such ~,,, as The Shores were walled communities and their roads were VILLAGE COUNCIL ~rr+ MEETING MINUTE S APRIL 11, 1996 PAGE 30 ---------------- built to handle more traffic than Tequesta's roads. The Mayor urged the residents to participate in these issues and to attend meetings. XI. COMMUNICATIONS FROM CITIZENS Tom Little, 486 Dover Road, commented that speaking for his wife and himself he wanted to express thanks for all of the effort and time which had been put into their handicap motor home parking situation at their residence. Mr. Little stated that if the word "hardship" had been accepted that based on their doctor's letter, this matter would have been resolved in January 1995. Mr. Little commented that the Village had now proposed another ordinance to assist handicapped people, which would be costly. Mr. Little commented that he had researched the uniform traffic control laws and read the State of Florida's Attorney General's opinion report 84-1 dated 1/10/94 regarding whether a municipality may adopt an ordinance regulating parking for physically disabled persons on private property, and that any person found guilty of parking in space designated for physically disabled may be fined up to $150. The opinion had been that municipalities were not authorized by law to enact an ordinance regulating the parking of physically disabled persons on private property. Mr. Little concluded that a new ordinance was not needed. Arnold Blum, 410 Tequesta Drive, expressed the desire of several residents to form a citizens' committee to review all ordinances relating to minimum property standards before another ordinance was passed, since there might be items on the books which needed to be eliminated and others that could be slightly modified to accomplish the same thing, and volunteered to head that committee. Mr. Blum commented that he had been unable to borrow a code book so that it could be copied at a reasonable price. Councilmember Meder suggested that since the Code Enforcement Board would become a Code Advisory Board at the time the Special Master system was implemented, that this Board could be used to review the ordinances as Mr. Blum suggested. Village Manager Bradford `~ commented that there was probably a total of 10 to 20 pages .rr-' °~ VILLAGE COUNCIL r' MEETING MINUTES APRIL 11, 1996 PAGE 31 ---------------- in the code book relating to minimum property standards, agreed with Mr. Meder regarding a review to be done by the Code Advisory Board, and suggested that the Village proceed with adoption of the Special Master ordinance so that the Code Enforcement Board would then become an advisory board which could deal with this matter. It was the consensus of the Village Council to proceed with first reading of the Special Master ordinance at the May meeting and not to proceed with the minimum property standards ordinance at this time. Jim Humpage, a member of the Code Enforcement Board, agreed that the codes should be reviewed and stated he would be happy to work on this issue, and questioned whether the board could work with citizens on the issue and what their liabilities would be in saying the wrong thing, to which Village Attorney Randolph responded that with the change from Code Enforcement Board to Code Advisory Board that the board would no longer act in a quasi judicial capacity. Mr. Humpage stated it would be nice to work with the citizens. The Village Manager commented that the board's meetings would be public. Peggy Virhoven, 18996 Point Drive, thanked Mr. Blum for summarizing the request for review of the codes and expressed concern that future property standards ordinances were planned for a later date. Jim Kuretski, 18685 Breezewood Court, Jupiter, stated he was speaking on behalf of the Northwest Jupiter Homeowners Coalition representing over 1,000 families residing in The Shores of Jupiter, Northfork, Cypress Cove, Sherwood, The Preserve, and Jupiter Landings. Mr. Kuretski explained that these neighborhoods were located in close proximity to Section 28 in Martin County, and that Longshore Drive and Central Boulevard provided primary access. Mr. Kuretski expressed the coalition's disappointment in Tequesta's recent legal action against Jupiter's recent adoption of a remedial comprehensive plan amendment regarding neighborhood protection. Mr. Kuretski explained the problems of too much traffic on their roads which school children must cross and the existing traffic problems and accidents, and requested that Tequesta act in a more neighborly manner. ~' VILLAGE COUNCIL MEETING MINUTES APRIL 11, 1996 PAGE 32 ---------------- XII. ADJOURNMENT Councilmember Meder moved that the meeting be adjourned. 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 meeting was adjourned at 9:54 P.M. C ATTEST: J nn Manganiel o Village Clerk DATE APPROVED: ~99G Respectfully submitted, ~~ 0 Betty Laur Recording Secretary