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HomeMy WebLinkAboutDocumentation_Regular_Tab 7C_11/12/1998r ~` _. II. III. VILLAGE OF TEQUESTA Post OF~ice Box 3273 • 250 Tequesta Drive • Suite 300 Tequesta, Florida 33469-0273 (561) 575-6200 Fax: (561) 575-6203 VILLAGE OF TEQUESTA VILLAGE COUNCIL MEETING MINUTES SEPTEMBER 22,1998 CALL TO ORDER AND ROLL CALL ~=c The Tequesta Village Council held a meeting at the village Hall, 357 Tequesta Drive, Tequesta, Florida, on Tuesday, September 22, 1998. The meeting was called to order at 7:01 P.M. by Mayor Elizabeth A. Schauer. A roll call was taken by Betty Laur, Recording Secretary. Councilmembers present were: Mayor Elizabeth A. Schauer, Vice Mayor Carl C. Hansen, Joseph N. Capretta, and Ron T. Mackail. Also in attendance were: Village Manager Thomas G. Bradford, village Attorney John C. Randolph, village Clerk Joann Manganiello, and Department Heads. Councilmember Alexander W. Cameron was absent from the meeting. INVOCATION AND PLEDGE OF ALLEGIANCE Mayor Elizabeth A. Schauer gave the Invocation and led those in attendance in the Pledge of Allegiance to the American Flag. APPROVAL OF AGENDA Vice Mayor Hansen requested addition under ANY OTHER MATTERS of an update regarding ENCON. Mayor Schauer requested that Item 8, Appointment of Special VILLAGB COIINCIL ~BTING MINUT83 September 22, 1998 PAGB 2 Master, be pulled from the Consent Agenda for discussion. Village Manager Bradford stated that he would provide an update on information regarding Hurricane Georges under ANY OTHER MATTERS. vice Nayor Haasea made a motion to approve the Agenda as amended. Couacilmember Nackail seconded the motion. The vote oa the motion was: 8lizabeth A. Schauer - for Joseph N. Capretta - for Carl C. Haasea - for Roa T. adacka3l - for The motion was therefore passed and adopted and the Agenda was approved as amended. IV. CO~VNxCATIONS FROG CITIZ8N3 {NON-AGBNDA ITBD~,S) Peggy Verhoevea, Point Drive, stated she was asking again about the financial plans for the Tequesta Plaza property and expressed concern regarding what the residents might have to pay. Mayor Schauer advised that the status was still the same and final figures had npt come in. Mrs. verhoeven referred to a newspaper article regarding someone who could not keep their home because the taxes were too high, and stated she did not want that to happen here, and that people would not buy property in Tequesta if they could not afford the taxes. V. PIISLIC BFdAR.INGS A) Review of Proposed village General Fund, Improvement Bond Revenue Fuad, Community Development Special Revenue Fund, Capital Improvement Fuad, Boad Construction Fuad, Water v=LrjaGS couNCIL M88TING MINUTES September 22, 1998 PAGE 3 Enterprise Fund, Refuse and Recycling Enterprise Fund, Stormwater IItility Saterprise Fund, and Special Law Enforcement Trust Fund for Fiscal Year 1998/1999. 1) Announcement of village of Tequesta Proposed Miliage Rate (6.7967) and Percent (5.54) by which the Proposed Millage Rate Exceeds the Rolled-sack Millage Rate (6.4399) Village Manager Bradford announced that the proposed millage rate was 6.7967 mills which was a 5.54 increase over the rolled-back millage rate which was 6.4399 mills. The Village Manager announced the millage was a 2-i/2~ increase over the prior years millage rate of 6.6310. 2) General Fund Village Manager Bradford commented that the General Fund was the only fund that utilized ad valorem taxes as a revenue source to balance the budget. Total General Fund Revenues were $4,964,525 of which $3,197,380 was derived from taxes. $12,000 from licenses and permits, $642,560 from inter- governmental, $283,735 from charges for services, $66,000 from fines and forfeitures, $134,000 froth miscellaneous revenue, $425,890 from non-revenue inter-fund transfers, and 202,960 from non-revenue inter-governmental fees. Fund balance on 10/1/98 was $709,803. The General Fund Expenditures were: Village Council $24,415; Village Managers Office $268,270; Personnel Division $59,615; Clerk s Office $32,345; Finance $223,170; Legal Services $100,000; Other General Government Services $426,033. 't'otal General Government Operations was $1,133,848. i~olice Department: Administrative Division $296,025; Communications Division $225,185; Compliance Inspection Division $85,710; VILLAGE COUNCIL MEETING MINOTES September 22, 1998 PAGE 4 Investigative Division $77,525; Patrol Division $933,155; for total Police Department Expenditures of $1,617,600. Civil Preparation Emergency Disaster Relief Operating Expenses were $7,828; Fire Rescue Division $1,039,796; EMS $221,220; EMS Transportation $43,830, making total Fire Rescue expenditures $1,304,846. Public Safety (Police, Fire and Emergency Civil Defense Preparation) Expenditures totaled $2,930,271. Public Works Department $462,310; Health Services Mosquito Control Spraying $4,850; Parks and Recreation $241,760. Total General Fund Expenditures: $4,991,122; ending fund balance estimated as of 9/30/99 $683,206; total expenditures and fund balance: $5,674,328. 3) Improvement Boad Reveaue i~uad village Manager Bradford explained that the Improvement Bond Revenue Fund accounts for the revenues pledged by the Village to pay the debt for the 1994 village Bond Issue which provided for improvements to Tequesta Park, Constitution Park construction, and certain improvements on Country Club Drive, and the expenditures for debt service. Revenues of the fund were Franchise Fees $338,705; Occupational Licenses $78,0000; Inter-Fund Transfers from Stormwater Utility Fund $60,300; with total revenue $477,005; fund balance $24,382. Expenditures for debt service principal were $75,000; debt service interest was $68,575, inter- fund transfers (the amount left over after debt paid) was $344,990, making total expenditures $488,565 with an ending fund balance of $12,822.00. 4) Ccm~mvaity DevelopmReat Special Reveaue Fuad village Manager Bradford explained that the Community Development Special Revenue Fund was the VILLAGE CODNCIL NESTING NINOTE3 September 22, 1998 PAGE 5 Community Development Department's Fund which was self sufficient and had total revenues of $473,400 with an opening fund balance of $241,978. Expenditures of the Department were Comprehensive Planning Division $63,735; Building Division Protective Inspections Administrative Division $204,731; Inspection Division $42,596; resulting total expenditures for the Community Development Fund of $311,062, with ending fund balance reserves on 9/30/99 of $404,316. 5) Capital Improvement Fuad The Village Manager explained that the Capital Improvement Fund was set up for revenue and expenditures associated with major capital expenditures. Miscellaneous revenues were $4,000; Inter-Fund Transfers were $202,500, making total revenues $206,500, with opening fund balance $183,059. Expenditures consisted of annual paving project $39,350; Seabrook Road South Improvements $25,000; Country Club Drive landscaping $68,000 ($50,000 this yeah plus carryover not spent this year); Swale Construction on Country Club Drive $70,000; South Cypress Drive Improvements $68,000, Constitution Park Pathway Resurfacing $10,000, Recreation Center Sign $8,000; Seabrook Road Sidewalk Extension $27,000, making total expenditures $315,350 with a closing estimated fund balance of $74,209. 6) Boad Constructioa Fuad Bond Construction Fund created to track revenues and expenditures associated with an anticipated bond to be issued for various public facilities projects including Police and Fire Rescue facilities, but this year and next to primarily account for casts associated with a Barnett Bank VILLAGE COUNCIL MgSTING MINDTES September 22, 1998 PAGE 6 letter of credit. Revenues anticipated from the letter of credit proceeds were $285,000 with an opening fund balance of $1,360. Expenditures were estimated to be $275,000 for professional services, $10,000 for other technical services, for total expenditures of $285,000, with a fund balance ending estimate of $1,360. 7) Water Enterprise Fuad Village Manager Bradford re~t'iewed the Water Enterprise Fund: Total Revenues were $3,211,500 for charged for services including water sales and other miscellaneous charges; miscellaneous revenues $111,000; capital improvement charges $360,000, making total revenue $3,682,500. Starting Reserves on 10/1/98 of the Fund w2re $7,566,688, due primarily from bond proceeds received during the year for capital projects now under way. Operating expenses of the Water Enterprise Fund for Pumping and Storage were $1,342,045; Distribution Division $338,735; Offiee and Administration $648,860, making Total Operating Expenses $2,329,640. The Sinking Fund estimated for debt service for the RO was $394,740. Renewal and Replacement account was 50,000. The village Manager Bradford explained that in the Capital Improvement section a line item of Storage Tank Demolition $20,000 should be added, bringing the total for Capital Improvement to $30,800; Retained Earnings $52,600; Bond Construction Fund for Reverse Osmosis was estimates) at $5,010,000. Total capital outlay expenses of the Water Department were now revised at $5,143,400. Other Financial Uses were $34,800; Inter-Fund Transfers to General and Capital Improvement $215,000; Escrow account for Jupiter Water Surcharge $150,000; making total expenses $8,267,580 with reserves at year end of $3,001,608. VILLAGE COUNCIL b~ETING adINUT$S September aa, 1998 PAGE 7 8) Refuse & Recycling Enterprise Fund i) Single-Family Home Solid waste Collection Services Assessment - $146.x8 ii) Multi-Family Some Solid Naste Collection Services Assessment - $113.16 village Manager Bradford pointed out that the assessments were the same for this year as for last year although there was a 1.4~ increase in charges from Nichols Sanitation. village Manager Bradford explained that the Refuse & Recycling charge appeared on property tax bills as a non-ad valorem assessment. Revenues of the Fund totaled $351,820, with an opening fund balance of $31,965, making total revenue and fund balance $383,785. Expenditures were to Nichols Sanitation and miscellaneous costs, for a proposed total of $351,820, with a closing fund balance of $31,965. 9) StormKater Utility Enterprise Fund i) Equivalent Residential Unit Assessment - $74.40 The village Manager explained that this non-ad valorem assessment, which appeared on property owners' tax bills who have improvements on their property, was a 10~ increase over the prior year, and was necessary to fund anticipated projects. Stormwater Utility Enterprise Fund revenues totaled $282,340 with opening reserves of $61,897. Expenses c5f the utility totaled $279,810, with closing fund balance of $64,427. 10) Special Law Enforcement Trust Fund Village Manager Bradford reported that the Special VILLAGF3 COIINCIL I~LTING MIN~TLS September 22, 1998 PALL 8 Law Enforcement Trust Fund, which consisted of funds confiscated from drug busts and from which no funds could be drawn except by special request of the Police Chief and village Council approval, totaled $4,875. 11) Village Council Comments Councilmember Capretta questioned the amount expenditures had increased over last year, to which the Village Manager responded they had increased 6.1~, and that if he was doing budget planning for a 5-year plan he would use 5.5 as a historical average. Couneilmember Capretta commented that if the Village did nothing, new expenses would rise 5.5~ annually; therefore unless property values increased because of inflation or there was a lot of new construction to provide more revenue at the same tax rate, then there must be a tax increase every year. Although the Village had had a lot of new construction, there was still a shortfall in order to do the capital improvement projects anticipated. New projects recently approved would not be on the books to increase tax revenue for two years. Councilmember Capretta concluded a slight tax increase would be needed this year and next until receipt of revenue from new projects started, and favored small increases each year instead of a large increase next year, which residents would not like. Councilmember Capretta stated the one project that must be dons for sure was living quarters for the Fire Rescue Department. Councilmember Capretta questioned whether it was still profitable for Tequesta to have its own Fire Department, to which the village Manager responded it was profitable for the current fiscal year and as soon as the County had finalized their millage rate, comparison could be made to determine if the village was still making a profit over what staying VILLAGE COUNCIL ~LTING NINIITLS September 22, 1998 PAGE 9 with the County would have cost. Councilmember Capretta stated his position on the Tequesta Plaza property was he wanted the building torn down and favored putting a street through the middle of the property. Viee Mayor Hansen commented he had expressed his opinion on two previous occasions which was that the Village had had good news from the Property Appraiser s office this year in the form of a 6.3~ increase in property values, and he expected to hear more good news from the Property Appraiser s office next year and anticipated more new construction so that he felt a zero or one percent increase would be in order. Vice Mayor Hansen explained that the difference in a i$ vs. a 2$ increase was only approximately $60,000,-and he did not think an increase of 2~r was necessary to go ahead with improvements for the fire department and to correct the Police Department building code violations. The Vice Mayor stated his position in favor of the Tequesta Plaza opportunities. Vice Mayor Hansen stated that the Village had a healthy undesignated fund of approximately $700,000, which was more than Jupiter and Juno Beach at $400,000 and $200,000 respectively, which was security. The Viee Mayor stated it was his hope that a i~ increase could be decided tonight. Cauncilmember Mackail commented that this item had been delayed from the previous Village Council meeting because all members were not present. Councilmember Mackail expressed his opinion that the Village needed a plan for tomorrow and stated that the Village Manager had indicated no tax increase was necessary. Councilmember Mackail explained that he had spent many hours reviewing the budget with Village Manager Bradford, and it was his opinion that a 4~ increase might be VILLAGE COIINCIL ffiSETING MINOTES September 22, 1998 PAGE 10 necessary next year if no increase was instituted this year. Councilmember Mackail read a list of the priority projects which had been discussed by the village Council as being desirable to upgrade the Village: Fire Rescue facility, Police facility, or a combined facility for Public Safety; Village Hall, Village Council Chambers, Recreation, and Downtown Tequesta. Councilmember Mackail reported the Village had invested $700,000 to widen Tequesta Drive to meet a level of service for traffic standards a few years ago, and to make sure businesses had the ability to get traffic in and out of their locations, but then businesses left Tequesta and the downtown area became blighted. Councilmember Mackail stated he felt it was the village Council's job to avoid a zero percent increase if a three or four percent increase was probably going to be needed next year. Couneilmember Mackail agreed with Councilmember Capretta that it would be two years before an increase in revenue was realized from new projects. Councilmember Mackail gave an example of the current millage rate of 6.6310~r which meant a home valued at $150,000 with the homestead exemption subtracted, the homeowner would pay $828.87 per year to the Village. If taxes were increased 1.5~, that same homeowner would pay $841.30 per year, or an increase of $12.43 per year or $1.03 per month. If taxes were increased 1.5~ again the following year, that same homeowner would pay $853.92, or an additional $12.62 per year, or an additional $1.05 per month. Councilmember Mackail expressed his opinion that these were not unreasonable increases in order to gain the benefits of the proposed projects, and that for those small amounts economic vitality for the community and quality of life for the residents as well as surrounding communities could be provided. Councilmember Mackail commented that the downtown area could be good for business, vIZLAGB CoIINCIL r~~r=N© ~x~rr$s Septembeac 22, 1998 PAGE 11 entertainment, cultural, communications, government, and recreation, and expressed his opinion that if the Village Council did not plan for the future they would regret it because they would be faced with a bigger task next year. Councilmember Mackail agreed with Mr. Capretta that the old Publix building should be torn down and a road put in, and the Village needed to make sure the businesses were able to support themselves and have good pedestrian and traffic access for their needs. Councilmember Mackail recommended to the Village Council that a 1.5~ tax increase be adopted. Mayor Schauer explained that she had suggested setting a 2.5~ tax increase at the last meeting with the idea that it would be reduced to a figure amenable to the whole Village Council. The Mayor commented that she believed Fire Rescue improvements and a facelift for the west half of the Police Department needed to be done, stated that she agreed with the project priorities, and suggested a tax increase of 1,5$. Councilmember Capretta stated he would support 1.5~. Vice Mayor Hansen stated he wanted the projects, and when he had talked about a zero or i~ increase it was because he believed the projects could be done with zero or l~, and believed the Village should be doing the projects now. Vice Mayor Hansen stated that for unity of the village Council he would go along with a 1.5~ increase. Councilmember Capretta asked whether that would include enough money for a big party for the residents when Tequesta returned the money from the Jupiter water dispute, to which the Village Manager responded that money could come from Water Department funds. Councilmember Mackail commented that for the first time the Village was in a position to provide financial statements every six months with reconciliation of cash, reserve VILLAGE CoIINCIL M88TING NINU'PLS September 22, 1998 PAGE 12 accounts, and fund balances which he believed were necessary for the Village Council to make decisions. Councilmember Mackail explained that the undesignated fund balance was generally money that would be needed to operate a municipality from October 1 to January, before tax dollars were received. Councilmember Capretta commented the village was getting into a healthy financial position and funds were needed in case of emergencies such as Hurricane Georges. Councilmember Capretta stated his belief that the village should keep making investments in the town, that the old Publix building should be torn down and a road built across the property to make Bridge Road viable, and explained that Ordinance 377 had helped increase property values, that in two years the rental apartments project, Clare Bridge, and The Crossings would increase tax revenues another $40 to $50 million, and that the most prime piece of property was still left, since development had first taken place behind K-Mart which most people had thought would never be developed. Cbuncilmember Capretta stated with the additional revenue the Village would be able to hold taxes flat, and make investments in the Village, and the Village would be a better place to live with all the eyesores gone. Councilmember Capretta commented that the drainage projects would stop the flooding experienced in the past, and after completion of all the projects the Village would look better than it had in twenty years. Vice Mayor Hansen commented that he had received information from the Village Manager that the State required 5~ in the undesignated fund and the Village had approximately I4$; therefore, he felt very comfortable and could also understand how Jupiter could have a lower figure than Tequesta with a higher budget, because their fund was closer VILLAGE COUNCIL MEETING MINUTES September 22, 1998 PAGE 13 to 5~. Village Manager Bradford questioned and received clarification from the Village Council that they wanted a 1.5~ millage rate increase with the money to be reserved to help cushion an anticipated increase in FY 2000 because he had forecast a 3~-4~ increase would be needed then. The Village Manager Bradford explained that a rate stabilization account would be established for those funds, and the budget would be changed on page one of the General Fund dropping the ad valorem tax number to $2,625,262, and on page 15 the reserves shown at 218,083 would be reduced and $38,797 placed in an ad valorem rate stabilization account. village Ntanager Bradford stated the millage rate would be changed from the current 6.6310 to 6.7305, which was verified by Councilmember Mackail. 12) Public Conom~ents Ed Resnik, Country Club Drive, commented this was the first series of budget hearings he had attended $n the twenty years he had lived in the Village, and he found them very interesting. Mr. Resnik commented that he believed in a 5-year program and that areas of the Village needed to be improved to entice people to come to the village to shop and to buy property and to make the Village better for the residents, and believed the tax rate should be kept at a rate which would support what the Village wanted to do and should be spread not to impact residents in any one year. Mr. Resnik stated he had looked at the 1.5~ increase against his tax base and it would only increase his annual payment $12 - $17 annually, which he could afford for purposes of improving the village. Councilmember Mackail thanked Mr. Resnik for his comments and commented VILLAGE COUNCIL NESTING MINOTES September 22, 1998 PAGE 14 that the Village had always had a constant, stable application of small increases, and he never wanted a large increase to impact residents in any one year. Peggy Verhoevea, Point Drive, commented she had also considered the proposed increase against her tax base end that most of the tax bill was from the County, and was not from the Village. Ms. Verhoeven stated she agreed with the way the village was planning to have steady small increases rather than a large increase in one year, and felt the 1.5~ increase was very much in line. Couacilmember Mackail made a motioa to approve a 1.5~ increase in the millage rate for the upcomiag fiscal year. Vice Mayor Haasea secoaded the motioa. The vote oa the motion was: 8lizabeth A. Schauer - for Joseph N. Capretta - for Carl C. 8aasea - for Roa T. Mackail - for The motion was therefore passed and adopted. 13) Adoption of Proposed Millage Rate: Village Manager Bradford announced that the new proposed FY 1998/99 Village of Tequesta millage rate was 6.7305 mills which exceeded the roll back of 6.4399 by 4.51. Ordinance - First Reading - Providing for Levying a Millage Rate of $6.7305 per $1,000.00 of Taxable Valuation for the Fiscal Year 1998/1999; Providing an Effective Date. (Staff Recommends Approval) VILLAGI3 COUNCIL MBBTING MINDTSS September 2a, 1998 PAGB 15 Village Attorney Randolph read the above Ordinance by in its entirety on Second Reading. Couacilmember Nackail made a motion to adopt the above Ordinance providing for Levying a lSillage Rate of $6.7305 per $1,000.00 of Taxable Valuation for the Fiscal Year 3998/1999. Vice adayor Haasea seconded the motion. The vote oa the motion pas: 811zabeth A. Schauer - for Joseph N. Capretta - for Carl C. Haasea - for Roa T. Mackail - for The motion pas therefore passed and adopted. 14) Adoption of Tentative village Sudgetsz Ordinance - Secoad Reading - Providing for the Adoption of the Budgets for the Fiscal Year Caaoomeaciag October 1, 19981 Providing an 8ffective Date. (Staff Recommnends Apgroval ) village Attorney Randolph read the above Ordinance in its entirety on Second Reading. Councilmember Mackail made a motion to adopt the above Ordinance providing for the Adoption of the Budgets for the Fiscal Year Commencing October 1, 1998. Vice Nayoir Haasea seconded the motion. The vote oa the motion pass 8lizabeth A. Schauer - for Joseph N. Capretta _ - for Carl C. Hansen - for Roa T. Mackail - for The motion pas therefore passed and adopted. VILLAGE COIINCIL NESTING MINIITNS September 22, 1998 PAGS 16 VI. CONSBN'P 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. Mayor Schauer read aloud the following Consent Agenda items: VII. APPROVAL OF MINUTFs'S AN17 REPORTS *A) Community Appearance Board; June 10, 1998 *B) Local Planning Agency meeting minutes; August 27, 1998 *C) village Council meeting minutes; August 27, 1998 *D) Village Managers Report: September 4, 1998 - September 17, 1998 N<otioa was made by Couacil~dnember I~ackail to approve the Consent Agenda as presented. The motion was seconded by vice Mayor Hansen. The vote oa the motion wasz Elizabeth A. Schauer - for Joseph N. Capretta - for Carl C. Hansen ~ for Roa T. Mackail - for The motion was therefore passed and adopted and the Consent Agenda was approved as presented. vllz. APPOINTb~NTs Al Consideration of Reappointment of Paulette Torcivia as Special Master with Laid Term Expiring October 10, 2000. VILLAGE COIINCIL ~ET~NG aSINQ'!'LS September 22, 1998 PAGE 18 quality of her performance, but could not, as a Village, inject themselves in her decision-making process, but could certainly inquire of her about her experience, about how she liked the job, and what about her philosophy. Councilmember Capretta stated he had always thought the Village Council ought to be able to get some feedback from her as to the clarity of the Ordinances. Village Attorney Randolph explained the Special Master should do that with staff. Councilmember Capretta expressed his opinion that her interpretation of the ordinances and the way she had rendered decisions could be evaluated by looking for a trend. Councilmember Capretta requested that village Manager Bradford provide a proposal for an evaluation process for the Special Master. The Village Manager expressed concern that the process probably would not be concluded by the next Council meeting on October 8th, and there was a hearing set for the end of Qctober wit1~. items already scheduled. Councilmember Capretta questioned whether the Village Manager was satisfied with the performance of the Special Master, to which Mr. Bradford responded that he was satisfied. Councilmember Mackail commented he thought the Village Council should go ahead and appoint the Special Master and look to the review process, and stated it was r~ew to him that there might be some concerns. The Village Manager suggested this item could be tabled and a report prepared on the approximately 120 cases which had been heard over the past two years; and Stated that from his reading the cases each month that he knew she was generally enforcing the village Ordinances. Village Manager Bradford suggested that Code Enforcement Officer Irvando report on whether he was satisfied with the way cases had been handled. Village Attorney Randolph explained there was nothing to preclude Mr. Bradford, himself, or Sgt. vILr~AGS cooNCIL MSBTING ffiINOTE3 September 22, 1998 PAGF~ 19 Irvando from sitting down with the Special Master and asking her if she had had any problem in the enforcement of the Ordinances because of the way that they were written, not talking about specific cases. The village Attorney pointed out that Sgt. Irvando could tell the Council whether he had experienced any problems prosecuting cases because of the wording of some Ordinances. Village Manager Bradford stated that overwhelmingly the Special Master had found in favor of the Village, and that the person was in violation. Mayor Schauer commented that the majority of cases were taken care of and did not appear before the Special Master. Vice Mayor Hansen commented that the Special Master system adopted two years ago certainly was a better process than the old Code Enforcement system. The Mayor questioned whether the village Council could table thie item, to which the Village Manager responded they could table this and ask Sgt. Irvando to report on how many cases had been heard over the last two years by Ms. Torcivia, and how many had been found in favor of the village and how many not in favor of the village, plus any general comments that he had relative to the performance of the Special Master in helping him in the enforcement of Tcquesta's code. Councilmember Capretta questioned whether the Village wanted to increase the scope of ordinance 377 now that level one had been achieved- -whether there were some more problems in the Village that needed improvement but were not covered by the Ordinances. Councilmember Capretta suggested that Code Enforcement Officer Irvando report on whether there were areas that he'd like to see addressed by Ordinance to improve areas on which he was currently unable to work. vice mayor Haasea made a motioa to table item SA. Couacilmember Capretta seconded the motioa. The VILLAGE COt7NCIL NESTING NIN[TTES September 22, 1998 FAGS 20 vote oa the motion was: Elizabeth A. Schauer Carl C. Haasea Joseph N. Capretta Roa T. Nackail - for - for - for - against The motion was therefore passed and adopted. IX. DSVELOPNSNT NATTERS A) Aa Application from Emily O'Nahoaey, O'Nahoaey Design Group, as Agent for Orraer, for Review of Landscape Blass for Ordinance #377 Co~mpliaace for the Jib Club Condominium, 50 Beach Road, Tequesta. (Staff Recommends Approval) Director of Community Development Scott D. Ladd explained the six applications for Ordinance #377 review on tonight's agenda were the final Ordinance #377 reviews except for one which had not complied, which was The' villager Apartments, which had been turned over to the Code Enforcement Officer for action. Mr. Ladd explained that Cypress Drive and Tequesta Plaza Ordinance #377 reviews were being held in abeyance. Landscape Architect Emily O'Mahoney reviewed the requested landscape waivers for The Jib Club, and explained the location of utilities where trees could not be used. Councilmember Capretta questioned what the condos on the beach had added to comply with Ordinance 377, to which Ms. O'Mahoney responded they generally only provided a few trees because of their limited space and none had lost any parking spaces, and the Community Appearance Board had unanimously approved all six of these applications. Councilmember Mackail commented the condos were largely unable to make changes because of lack of space, and Councilmember Capretta stated they had VILLAGE COUNCIL M88TING MINDTES September 22, 1998 PAGE 21 made an effort to improve. Vice Mayor Hansen made a motion to approve the Landscape Places sad ~Paivers for Ordinance #377 Compliance for the Jib Club Condominium, 50 Beach Road, Tequesta. Councilmember Cagnetta seconded the motion. The vote on the motion was: gliaabeth A. Schauer - for Carl C. 8aasea - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and a$opted. 8) Ace Application from Eintily O~Mahoaey, O~Mahoney Design Group, as Agent for O:vner, far Review of Landscape Plans for Ordinance #377 Comgliaace for Ocean Towers South Coadom:.i.aium, 100 Beach Road, Tequesta. (Staff Recosmmeads Approval) vice Mayor Hansen questioned what was being done to improve the hedge on the north side, to which Ms. O'Mahoney responded trees would be added, and most of the condos replaced any plants that became unsightly. vice Mayor Hansen commented that the islands inside the parking lot were landscaped very beautifully. Couacilmember Mackail made a motion to approve the L~adscape Plans and iPaivers for Ordinance #377 Comapliaace for the Ocean Towers South Coado~miaium, 100 Beach Road, Tequesta. vice Mayor Hansen seconded the motion. The mote oa the motion Wass Hli~zabeth A. Schauer - for Carl C. $ansea - for Joseph N. Capretta - for Ron T. Mackail - for VILLAGE COUNCIL D~BTING ffiINUTES September 22, 1998 PAGE 22 The motion eras therefore passed aad adopted. C) Aa Applicatipa from Emily O'Nahoaey, O'Mahoaey Design Group, as Agent for Owner, for Review of Landscape Plans for Ordinance #377 Compliance for The Regency Condominium, 250 Beach Road, TeQuesta. (Staff Recoomao~eads Approval) Councilmember Mackail questioned planting in the right- of-way, to which Ms. O'Mahoney responded she could not recommend this and that a permit from FDOT would be needed. Ms. O'Mahoney reported that at the Community Appearance Board meeting there had been a long conversation regarding this matter, and she recommended the Village work with the condominium associations to pursue grant money for such plantings. Ms. O'Mahoney explained that The Regency and their adjacent neighbor would share installation of a hedge. Vice Mayor Hansen made a motion to approve the Landscape Plans and 9~laivers for Ordinance #377 Compliance for The Regency Condominium, 250 Beach Road, Tequesta. Couaci#~member Mackail seconded the motion. The vote oa the motion was: Sli~abeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed aad adopted. D) Aa Application from Emily O'Nahoney, O'Mahoaey Design Group, as Agent for Owner, for Review of Landscape Pleas for Ordinance #377 Compliance for island House S.E. Coadc~moiaium, 300 Beach Road, Tequesta. (Staff Reco~omo~eads Approval) VILLAGE COUNCIL MEETING MINOTLS September 22, 199$ PALL 23 Ms. O'Mahoney clarified this was the condominium adjacent to The Regency which would share installation of a hedge. vice Mayor Hansen questioned the request to delay removal of trees because of money concerns, to which Ms. O'Mahoney responded that was no longer an issue in this case, but that it was sometimes difficult for the condominium boards to collect assessments from their residents. Couacilmember Mackail made a motion to approve the Landscape Places aced Naivers for Ordinance #377 Comopliaace for island House S.E. Condominium, 300 Beach Road, Tequesta. Vice Mayor Hansen seconded the motion. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for Roa T. Mackail - for The motion was therefore passed and adopted. E) Aa Application from Emily O~Mahoaey, O~Mahoaey Design Group, as Agent for owner, for Review of Landscape Places for Ordinance #377 Compliance for Slowing Rocks Coadamni.aivm, 1500 Seach Road, Tequesta. (Staff Recomom4eads Approval) vice Mayor Hansen commented the dumpster on this site was unsightly, to which Ms. O'Mahoney responded that issue had been addressed. Couacilmember Mackail made a motion to approve the Landscape Plans and Naivers for Ordinance #377 Compliance for Slowing Rocks Condominium, 1500 Seach Road, Tequesta. Vice Mayor Hansen seconded the motion. The vote oa the motion was: Elizabeth A. Schauer - for VILLAGR COUNCIL M88TING MINOT$s September 22, 1998 PAGT 24 Carl C. 8aasea - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed aad adopted. F) Aa Application from Emily O'Mahoaey, O'Mahoney Design Group, as Agent for Oarner, for Review o£ Landscape pleas for Ordinance #377 Compliance for p.I.M.B. Missionary, 1550 Beach Road, Tequesta. (Staff Reca~mmeads Approval) There were no comments regarding this request. vice Mayor 8aasea made a motion to approve the Landscape Plans aad Naivers for Ordimaace #377 Compliance for p.I.M.S. Missionary, 1550 Beach Road, Tequesta. Couacilmember Capretta seconded the motion. The vote oa the motion was: glizabeth A. Schauer - for Carl C. 8angea - for Joseph N. Capretta - for Roa T. aSackail - for The motion was therefore passed aad adopted. x. NEAP BvslNRSs A) Resolution No. 40-97/98 Approving Hazard ~i.tigation Grant Agreement, Contract Nbmber 998-7-~'-10-60-15003, Between the State of Florida, Department of Community Affairs, aad the Village of Tequesta is the Amount of $95,000, and Authorizing the Village Manager to 8xecute the Same oa Behalf of the village. (Staff Recommends Approval) village Manager Bradford reported FII~ had indicated they would increase their grant agreement from $45,000 to $95,000 for the Tequesta Drive Drainage Diversion prpject VILLAG$ COUNCIL ffiBETING MINOTSS September 22, 1998 PAGR 25 from Seabrook Road to the bridge, and taking this action would provide the increased $50,000 for this project. vice a6ayor Hessen made a motion to adopt Resolutioa No. 40-97/98. Couacilmember Mackail seconded the motioa. The vote oa the motioa Nas: 811zabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for Roa T. Mackail - for The motioa vas therefore passed sad adopted. 8) Resolutioa No. 41-97/98 AMardiag a Bid for a one Year Contract (October 1, 1998 - September 30, 1999)for the Smergeacy Paging System for tlae Pglice and Fire-~Lescue Departments to Airtouch Incorporated,. in the amount of $5,765.40, Subject to Funds Sefag Appropriated for the Next Fiscal Year, Having a Total Proposed FY 1999 Budget Allocation of $6,014.40. (Staff Recommneads Approval) village Manager Bradford explained that Fire Chief Weinand had located prices lower than the village was currently paying for a paging system, and staff recommended approval of this Resolution. Mayor Schauer commented this item reminded her of the proposed NAMAC dispatch system and questioned whether work on that tower was still proceeding, to which the response was that work was in progress, that the tower would be located on top of a condo on Singer Island, and that the Sheriff's Department was not participating. Fire Chief Weinand clarified that a number of municipalities used the Airtouch system and that his department had been field testing it to assure that it worked perfectly. Councilmember Mackail made a motion to adopt Resolutioa No. 41-97/98. Vice Mayor Haasea seconded the motion. VILLAGE COIINCIL MBETINR NY1r1DTES September 22, 1998 PAGE 26 The vote oa the motion was: Elizabeth A. Schauer - for Carl C. Sansen - for Joseph N. Capretta - for ROn T. Mackail - for The motion was therefore passed aad adopted. C) Resolution No. 42-97/98 Approving a Cooperative Agreement for the Qperation of the Palm Seach Juvenile Assessment Center Between the State of Florida Department of Juvenile Justice aad the Tequesta Police Department aad Authorizing the Village Manager to Execute the Same oa Behalf of the Village. (Staff Recommneads Approval) Village Manager Bradford explained that the Juvenile Assessment Center was about to start processing all juveniles in Palm Beach County and the proposed Resolution 42-97/98 was required by State law in order to process all juveniles. Vice Mayor Hansen commented the Village had no choice other than to process juveniles through the Center. Mice Mayor Hansen made a motion to adopt Resolution No. 42-97/98. Gouacilmember Mackail seconded the motion. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed aad adopted. XI. ANY OTHER MATTERS Vice Mayor Hansen reported he had attended an ENCON meeting VILLAGE CODNCIL ~BTING MINOTBS September 22, 1998 PAGE 27 the previous Thursday where a number of residents had expressed disapproval with ENCON's plans to sewer, but the ENCON President stated they had Won approval in court several times and were going to proceed. vice Mayor Hansen reported that earlier today a pre-construction meeting for ENCON had been held to which Tequesta had been invited but did not attend because of ongoing legal issues. Vice Mayor Hansen reported his wife had attended and reported there were very few in attendance at the meeting, which had only lasted 32 minutes, and the utilities did not show up. vice Mayor Hansen reported a petition signed by 2550 people in Jupiter and Tequesta had been sent to Tallahassee to the Director of Elections who had verified there was nothing wrong with the petition and the question was now whether there were enough signatures, and if so, then ENCON would have to decide whether to accept what the petition was saying--that the people wanted either no sewering for three years or to call a vote on the issue. The Vice Mayor reported Tequesta felt because of this and other unresolved issues that it was premature for SNCON to hold a pre-construction meeting. Village Manager Bradford commented there were two legal issues outstanding, one which was an appeal of the decision from the Department of Health to issue the permits, which was before the First District Court of Appeals in Tallahassee. The other was a re-hearing on lifting the stay automatically granted to Teguesta pending their appeal, and the village Attorney's office had filed a petition for administrative hearing on the validity of lifting of the stay. village Manager Bradford expressed his opinion that ENCON could get burned by going ahead with a contract award when they did not know the status of the validity of lifting the stay. Vice Mayor Hansen reported that at the pre- construction meeting it had been indicated construction was scheduled to begin November 1st. Councilmember Capretta commented the petition had been done by citizens without Village Council participation and questioned whether the citizens intended to go to court if ENCON proceeded and did not hold a referendum. Village Manager Bradford respdnded the Village would not be involved because they did not do the petition, but that the residents would have to file through VILLAGE COIINCIL NESTING MINOTES September 22, 1998 PAGE 28 their attorney. Peggy Verhoeven, Point Drive, commented she understood ENCON was tying in Joe Ellis' 1-2-3 rules: that #1 was the petition, and that #2 and #3 were the safety and welfare of the people and protection of the body of water around the area. Ms. Verhoeven reported that each side was saying the other was creating a safety and health hazard. Mrs. Verhoeven reported many attorneys had verified the legality of the petition. Village Manager Bradford reported a County-wide conference call had taken place that afternoon regarding the possible threat to this area from Hurricane Georges between the Department of Emergency Management of Palm Beach County and 37 municipalities. Tequesta's Fire Rescue Department had been a part of that conference call. It was currently estimated that the hurricane would make landfall on Friday morning at Ft. Lauderdale, Florida, with estimated winds of 11.5 mph with a 5- 7 foot storm surge and rainfall of 5-10 inches. If this storm track came true, all schools and government offices in the county would Close on Thursday and Friday. The true path of the hurricane would not be known until Wednesday morning, September 23, until the effect on the storm of the mountains in the Dominican Republik and the island of Hispaniola was known. Village Manager Bradford announced that Village offices would close as necessary, and reminded everyone that in the Sur~icane Plan all of Tequesta was recommended to evacuate due to flood waters and storm surge danger; and that since hurricane force winds were estimated to extend out 60 miles from the eye of this storm, Tequesta would be on the fringes of hurricane force winds. The Village Manager recommended everyone check the weather Channel the next morning. Mayor Schauer announced that the new policy of Publix was- to close 24 hours prior' to a hurricane, and recommended everyone get their shopping done the next day. Village Manager Bradford announced that since Councilmember Cameron had missed three meetings in a row it would behoove the Village Council to excuse him from Village Council . VILLAGE COUNCIL MEETING MINUTES September 22, 1998 PAGE 29 Meetings because of his health. Couacilmember Mackail made a motion to excuse Couacilmember Alexander Cameron from attendance at Village Council meetings due to his health. Vice Mayor 8aasea seconded the motion. The vote oa the motion eras: 811zabeth A. Schauer - for Carl C. 8aasea - for Joseph N. Capretta - for Ron T. Mackail - for The motion aras therefore passed and adopted. XII. ADJOIIRI~N'P Couacilmember Mackail moved that the meeting be adjourned. Vice Mayor 8aasea seconded the motion. The vote on the motion aras Elizabeth A. Schauer - for Carl C. 8ans~a - for Joseph N. Capretta - for Roa T. Mackail - for The motion arcs therefore passed and adopted and the meeting aras adjourned at 9:30 P.M. Respectfully submitted, ~~ 4~~-uhf Betty Laur Recording Secretary VILLAGE COUNCIL FETING MINOTES September 22, 1998 PAGE 30 ATTEST: Joann Manganiello village Clerk DATE APPROVED: