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HomeMy WebLinkAboutDocumentation_Regular_Tab 07C_01/14/1999,~- VILLAGE OF TEQUESTA Post Office 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 DECEMBER 10, 1998 I. CALL TO ORDER AND ROLL CALL The Tequesta village Council held a meeting at the Village Hall,. 357 Tequesta Drive, Tequesta, Florida, on Thursday, December 10, 1998. The meeting was called to order at 7:03 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, and Councilmembers Alexander W. Cameron, Joseph N. Capretta, and Ron T. Mackail. Also in attendance were: Village Manager Thomas G. Bradford, Attorney Scott G. Hawkins sitting in for village Attorney John C. Randolph, Village Clerk Joann Manganiello, and Department Heads. II. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Mackail gave the Invocation and led those in attendance in the Pledge of Allegiance to the American Flag. III. APPROVAL OF AGENDA After Agenda Item Iv had been completed, village Clerk Manganiello pointed out that a motion had not been taken on approval of the agenda. vILLAaa covNCIL ~BTINa ffiII~IU'P$3 December 10, 1998 PAaS 2 Couaailmember m'ackail made a motioa to approve the Ageada as subm4itted. vice Nayor 8aasen seconded the motioa. The vote on the motioa aae: Rlizabeth A. Schauer - for Carl C. 8aasea - for Al®aaader ~V. Cameros - for Jo®eph N. Capretta - for Roa T. Mackail - for The motioa eras therefore passed and adopted sad the Ageada Kas appro~red as amended. Iv. CO]I~VNICATION FROG CITIZBN® Setty Nagy, Shay Place, reported the Mayor and village Manager had attended a meeting at Tequesta Country Club regarding plans for Tequesta Plaza, and requested all taxpayers be informed and all meetings regarding this matter be held in the sunshine. Araold slum, 410 Tequesta Drive, expressed his opinion that the village should not buy land at Tequesta Plaza for a new Village Hall and should not act as owner, realtor, banker and partner with JMZ in the proposed agreement for .DMZ to repurchase the land after two years if no buyer for unused village land was available. Mr. Blum expressed concern that the cost was too high, that taxpayers should be closely consulted regarding this issue, that the building originally proposed for Lighthouse Gallery could be occupied by a large retailer, that the proposed medical facility might not be able to compete with the existing medical center across the street, and that a downturn in the economy could lead to problems. Mr. Blum asked the village Council not to give Tequesta a Taj Mahal. Peggy verhoevea, 18996 Point Driv®, expressed her agreement with Mrs. Nagy and Mr. Blum and requested the residents be VILLAGE COUNCIL ~LTING ffiINt3TES December 10, 1998 PAGE 3 informed regarding plans for Tequesta Plaza. Mrs. Verhoeven expressed her belief that it was illegal for a municipality to float bonds to acquire the land in a commercial/retail venture. Mrs. Verhoeven stated the people needed to go to referendum on this issue. 8d Resnik, Country Club Drive, commented he had not intended to speak but had heard two citizens get up and try to tell the Village Council how to run their business without knowing what the Village Council was going to do. Mr. Resnik stated Tequesta Plaza needed to be improved and he applauded the Village Councils efforts to get something going to improve that area, and recommended the residents wait until they found out what the Village Council intended to do and then take pot shots at them or agree with them. John Giba stated the members of the audience could not hear what was being said and requested the village Councilmembers speak into their microphones. V. PUBLIC BEARINGS m) Resolution No. 8-98/99 - Abandoning the Dedicat~.oa of the Parcel of Laad Described as the "Parking Area" Gallery Square North Parking Lot} is th® Re- Subdivisioa of a Portion of Jupiter is the Pines, Sec~ioa 8. (Staff Reco~mmeads Approval} 1. Consideration of Nrittea Request to Abandon Parking Area Village Manager Bradford explained that the Village had been in litigation with Dorothy Campbell and her corporation, Oz of Tequesta, regarding ownership of the parking lot at Gallery Square North, and issues related to Ordinance 377. A tentative settlement requiring action and public approval by the VILLACx$ COUNCIL ]I~S"1'ING MINUTSs December 10, 1998 PAQE 4 Village Council had been reached. village Manager Bradford reported the settlement of the suit entailed that the Village abandon the dedication to the public of the parking area; that the Village Council approve the Agreement of Settlement and Mutual Release, and a reciprocal overflow parking easement agreement which would allow Tequesta to retain the significant aspects of its interest in the Gallery Square North parking Iot. The public would be allowed to utilize the parking lot for overflow parking purposes when attending functions at Village Hall so long as Village Hall remains in its current location or on the parcels of-land to the east of the current village Hall owned by Tequesta. Mrs. Campbell, Muriel Manning, and Lighthouse Gallery and School of Art would have overflow rights to park on Tequesta's land. Staff had found that abandonment would not be injurious to the general welfare of the public and therefore was in the public's best interest. 2. public Ca~mmeata There were no comments from the public. 3. village Council Comments Village Manager Bradford distributed to the Village Council Copies of the final Agreement of Settlement and Reciprocal Parking Agreement. Attorney Scott G. Hawkins explained the differences in the final document and the copy previously given to the Village Councilmembers, including deletions of Lighthouse Gallery and Muriel Manning in a section referring to any steps Mrs. Campbell and Oz of Tequesta may wish to take to address VILLAGE CQUNCIL M~BTING ffiINCR'ga December 14, 1998 PAGE 5 the alleged drainage problem associated with the drive-through access at the Community Savings Bank. Mrs. Manning and Lighthouse Gallery would only participate in the drainage problem if they desired to participate. Attorney Hawkins clarified that the clause stating no claims could be brought by the parties regarding this matter from this point forward was a standard clause. Attorney Hawkins reviewed all changes which had been made to the agreement and the reciprocal parking agreement that day. Vice Mayor Hansen commented he was in favor of settlement and relied on legal counsel in this matter. Councilmember Cameron questioned whether the property would he considered in conformity with Ordinance 377, tb which Village Manager Bradford responded that although there were only 112 parking spaces when 154 were required, increasing landscape areas would only further decrease parking; and allowing the property to conform to the present Ordinance 377 was in keeping with past decisions on other properties irl regard to this ordinance. Councilmember Capretta questioned whether this parking lot was any different from others in the village which had been required to conform with Ordinance 377. village Manager Bradford responded that by signing this agreement the Village Council would be saying that this parking lot was in conformance with Ordinance 377 as it now exists; however, if any changes were made in the ordinance or any amendments to the useable square footage, use of the building, parking requirements, or landscaping, they would have to comply with the codes then in effect relative to those aspects. Councilmember Capretta questioned how having unity of title ViLLAGB COOI~TCIL ~BTING aslmo'r$s December 10, 1998 PAGE 6 or unity of control to afford reciprocal parking would be different than this agreement, to which Village Manager Bradford responded this agreement was limited only to overflow reciprocal parking. Councilmember Capretta commented the public was upset earlier in the meeting about the possibility of the village buying a piece of property at Tequesta Plaza, but did not have any comments now when the Village was contemplating giving away a half million dollar parking lot. Attorney Hawkins stated he believed the Village did not technically own the parking lot and therefore could not give away something they did not own; and explained the developer had dedicated the parking lot through a plat to the public. Under the law, the Village had the right to reach a finding based on the general welfare and best interests of the citizens, to effectuate an abandonment. Councilmember Capretta commented the parking lot had cost the Village money and produced no income; and by giving it away it would go on the tax rolls and create income for the Village, who would no 14nger have to spend anything to maintain it. The Village could still use the parking lot for overflow parking. It was estimated by the Village Manager that the Village would receive $4,000- $5,000 annually in taxes. Mrs. Campbell, Mrs. Manning, and the representative from Lighthouse Gallery all acknowledged they were comfortable with the agreement. 4. Determination of Publics Seat Interests R®lativ® to Abandonmeat of Parking Area Councilmember ]Idackail made a motion that it Mas is th® public's best interest that the VILLAGE COIINCIL ffiEETIWG D~INUTSS December 10, 1998 PAGE 7 V~.llage of Tequesta abandon the Dedication of the Parcel of Land Described as the "Parkiag Area"Gallery Square North Parkiag Lot} is the Re-Subdivision of a Portion of Jupiter in the Pines, Section "8". Vice Mayor Hansen seconded the motion. The vote on the motion was: 8lizabeth A. Schauer - for Carl C. Hansen - for Alexander N. Cameron - €or Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted. 5. Motion to Approve/Reject Resolution No. 8-98- 99 Attorney Hawkins read Resolution No. 8-98/99 by title only. vice Mayor Saasea made a motion to approve Resolution No. 8-98/99. Couacilmember Mackail seconded the motion. The vote oa the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Alexander N. Cameron - for Joseph DT. Capretta - for Roa T. Mackail - for The motion was therefore passed and adopted. 8} Resolution No. 9 98/99 - Approving as Agreement of Settlement and Mutual Release as Nell as a Reciprocal overflow Parkiag 8asemeat Agreement Relative to the Matter of Dorothy ~. Campbell and vxLLAGS covrrcxL MsBTINt~ MxNOT~s aecember 10, 1958 PAd~ $ Oz of Tequeista, xac. v. village of Tequeata aad Authorizing th® Mayor of the village to R.icecute the Same oa Sehalf of the Village of Tequesta. (Staff Reco~ammeada Approval ) 1) Overview of Agreement of Settlement aad Mutual Release 2) Overvie~r of Reciprocal Overflown Parking 8asemeat Agreement village Manager Bradford stated Councilmember Capretta had already provided an overview. 3 } Pub11c Compneat~ Sal Hutchinson, Co~mmuaity Circle, asked how much money the Village had spent maintaining the parking lot, and commented he did not think the village had spent anything. Village Manager Bradford commented the total was unknown, but the village had done minor patchwork, hid spent money on liability insurance for years, and had spent $45,000 on the right-of-way improvements. 4) village Council Co~mm~eata There were no further comments by the village Council. 5) Motion to Adopt/Reject R~9solutioa No. 9-98/95 Attorney Hawkins read Resolution No. 9-98/99 by title only. CouaCilmember Mackail made a motion to adopt Resolution No. 9-98/99 - Approving as Agreement of Settlement aad Mutual Release as ~itell as a Reciprocal Overflow Parking Basement vlr,r,~-G$ covrrclL H88TING MINEITLS December 10, ].998 PAGB 9 Agreemeat Relative to the Hatter of Dorothy M. Campbell aad Oz of Tequesta, Tnc. v. village of Tequesta and Authorizing the Mayor of the village to S~cecute the Same as Behalf of the village of Tequesta. Vice Mayor Haasea seconded the motioa. The vote on the mgtioa a~as Elizabeth A. Schauer - for Carl C. 8aasea - for Alexaader x. Cameron - for Joseph N. Capretta - for Roa T. Hac~kail - for The mQtioa mas therefor8 passed aad adopted. vI. CONSI~NT AGBNDA 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 MINUTES AND REPORTS *A) Community Appearance Board Meeting Minutes; September 9, 1998 *B) Board of Adjustment Meeting Minutes; September 22, 1998 ~C) Special Master Hearing Minutes, September 24, 1998 *D} Corrrmuni ty Appearance Board Meeting Minutes; September 30, 1998 *E) Special Master Hearing Minutes, October 29, 1998 *F) Village Council Meeting Minutes, November 12, 2998 VILLAGE COtTNCIL M$BTING NINOT}~8 December 10, 1998 PAGB 10 *G1 Village Managers Report: November 6, 1998 - December 4, 2998 VIII. APPOIN?3-~'NTS *A) Consideration of Reappointment of Gilbert Finesilver to the Board of Adjustment with Said Term Expiring December Z4, 2001. (Staff Recommends Approval ) *B) Consideration of Appointment of Alternate Board of Adjustment Member Kevin Kinnebrew as a Regular Member to the Board of Adjustment to Serve the Unexpired Term of Betty Coyle with Said Term lxpiring December 31, 2000. (Staff Recommends Approval) X. NSW BUSIN£'SS *D1 Consideration of Approval of Lease-Purchase of One (11 1999 Ford Taurus Administrative Vehicle from Duval Ford of Jacksonville, Florida, Piggybacking the Florida Sheriffs Association Bid Award in the amount of $17, 007.00 and will be Acquired Through a Ford Motor Company Municipal Lease-Purchase Program with Three Annual Payments of $6, 005. 00, Having a FY 1999 General Fund Police Department Budget Allocation of $6, 700.00. (Staff Recommends Approval) Notioa was made by Couacilm+®mber Cameron tq approve the Coase~at Agenda as pr®Seated. The motion was seconded by vice Mayor 8ar~sea. The vote on the motion xasz Elizabeth A. Schauer - for Carl C. Hansen - for Ale~caader 91. Cameron - for Joseph N. Capretta - for Ron T. Nackail - for VILLAGg COUNCIL MBBTING D~[INCT$3 December 10, 1998 PAGE 11 The motioa tree therefore passed aad adopted. I%. DSVSLOPffi8NT NATTERS A) Special 8xception Public Hearing for Proposed Dreamcara 10,40(3 Square Foot Classic Car Sho~rroom (Large Scale Retail Sales sad Seswicee) is Tequeata Plaza, at 210 Tequesta Driv®. (A Quasi-Judicial Hearing} 1) Sfvearing-ia of liitneaeea, if Required Village Clerk Joann Mangani~ello swore in all those present wishing to speak on this matter. 2) Diaclosur® of Bx-Parts Comormuaicatioas A poll of the Village Council revealed no ex-parts communications. 3) Teatimoay of Nitaessea aad Cr0B8 ~camiaatioa, if Any Director of Community Development Scott D. Ladd explained this was before the Village Council because it was a special exception use because of the amount of square footage requested. Mr. Ladd explained that Mr. Bogart needed more space for his business. Mr. Bogart requested a special exception to move his business into Tequesta Plaza in a larger space, and answered questions from the Village Council. Vice Mayor Hansen noted there was not to be any parking in the front and asked whether there would be any parking in the back. Mr. Bogart responded that all cars would be inside, and a large door had already been installed by JMZ Properties. VILLAGE COIINCIL MEETING MINtTPE3 December 10, 1998 PAGE 1a Councilmember Cameron commented he looked forward to Mr. Bogart having a better business after the move. Councilmember Capretta inquired regarding the length of Mr. Bogart's lease. Mr. Bogart explained he was basically leasing month-to-month while waiting for either the approval renovation or demolition of Tequesta Plaza. Mayor Schauer commented she was glad to see this move since cars parked outside at the present location took up parking spaces near the yogurt shop. Mayor Schauer inquired whether Mr. Bogart had cons~.dered moving to the Tequesta Motors location on U.S. One. Mr. Bogart responded he would not consider moving there since the price of that property was $3.1 million. Mr. Bogart quoted from a letter from the President of I Can't Believe It's YoguY~t that they had had no parking problems at Tequesta 5hoppes for over 12 months and Mr. Bogart and his Classic Car store had been excellent neighbors and tenants. Vice Mayor Hansen asked when Mr. Bogart anticipated his move, to which the response was January, 1999, and stated he was not aware that anyone would be moving into his present location when he left. village Manager Bradford asked whether it was Mr. Bogart's intention to become a tenant in any new structures that might be built in the renovation of Tequesta Plaza, to which Mr. Bogart replied that was his intent. Village Manager Bradford stated the Village had granted a provisional permit to go ahead with installation of the garage door with the understanding that if this application were denied by the village Council that it would have to be corrected. Village Manager Bradford emphasised that outdoor parking and display of the vehicles was prohibited even if the vehicles were properly registered and tagged, and was also subject to the condition that trucks, trailers, and other transport vehicles should not be allowed to park on the property except for short term temporary VILLAGR COUNCIL ~aNrlNa xacN~rr$s December 10, 1998 PALS 13 parking necessary for loading and unloading of vehicles. Peggy verhoevea expressed her opinion that Mr. Bogart was a good business person with ability and integrity. 4) Fiadiag of Fact Based Upon Competent, Substantial 8videace: A) Notion to ApprovejDeay Special Sxceptioa IIse Request Notion pas Made by vice ]~'ayor Hansen to approve the Special 8xception for Proposed Dreamcars iQ,408 Square Foot Classic Car Shoproom (Large Scale Retail Sales and Services) is Tequesta Plaza, at X10 Tequesta Drive, subject to staff oamomeats that the outdoor parking and/or display of vehicles is prohibited even if the vehicles are properly registered and tagged and also subject to the condition that trucks, tractor trailers or other transport vehicles shall not be a11op®d to park oa the property a*cept for short-term temporary parking necessary to ipad sad unload vehicles. The motion pas seconded by Councilmember Cameron. The vote on the motion +Mas s 8li~abeth A. Schauer - for Carl C. saasen - for Alexander ~P. Cameron - for Joseph N. Capretta - for Roa T. Nackail - for The motion pas therefore passed and adopted. 8) Site play Reviep for the Addition of AZ'N unit (Automatic Teller Nachiae) pithia the Sacistiag Drive-Thru at Independent Community Bank, 3d? Tequesta Drive. Frederick R. ~tartia, Applicant. vzLr~Aa~ covrresL xssrsrtQ ~ssatvTSs December 10, 1998 PA(;S 14 Director of Community Development Scott D. Ladd explained the Independent Community Bank wished to install an ATM unit, and that Mr. Martin was present.. Couacilmember Mackail made a motion to approve the Site Plan Revi®x for the Addition of ATM unit (Automatic Teller aSachine) xithin the Ruistiag Drive-Thru at sadepaadent Community Saak, 307 Tequesta prive. The motion xas seconded by Vice Mayor Hansen. The vote oa the motion xas: Rlizabeth A. 3chau®r - for Carl C. Hansen - for Aleaaader ~P. Cameron - for Joseph N. Capr+~tta - for Ron T. Mackail - for The motion xas therefore passed sad adopted. C. Reviex of Plans for the North Riverside Drive Loa Pressure Serer System, Lo~cahatchee River District, Applicant. Director of Community Development Scott D. Ladd explained that no one was present to represent the applicant, and that proper notice had been given. Mr. Ladd explained that this review was before the village Council because of regulations in right-of-way procedures that require anything affecting the right-of-way to be reviewed by the Village Council and by the Development Review Committee. The DRC reviewed the plans in September and ENCON representatives Paul Brienza and Jerry David, Engineers, had been present. Both the low pressure Riverside Drive sewer system and the sewer system for the peninsula had been reviewed at the DRC meeting. Mr. Ladd explained that this project would affect approximately nine homes in Tequesta, and ENCON~s anticipated starting date was December 22nd. Mr. Ladd reported great difficulty in obtaining the plans, and that although Mr. Brienza seemed v=Lr~,a$ covrrc=r. ~$~=N~ a~=x~rrss December iQ, 1998 PA(}L 15 more than willing to discuss the project, each time a request was made for which he needed to consult Mr. Dent, he reported back that he was not able to fulfil the request. Mayor Schauer expressed surprise that none of the residents affected were present, and asked whether ENCON would pay for permits. Mr. Ladd responded ENCON was allowed a gratis permit for the peninsula, and in the past the village had provided gratis permits to ENCON; however, that was before the Department of Community Development was reorganized to become an enterprise fund and also before the Village revised right-of-way procedures to require permits. Mr. Ladd reported no problems from anyone else in paying for permits, including franchisees. Mr. Ladd reported he had pointed out to ENCON that this project area was qutside the lawsuit; however, ENCON's position was they would nqt cooperate and would not do anything different than they had ever done by furnishing courtesy plans and obtaining a gratis permit. Village Manager Bradford explained that Attorney Hawkins had received a letter frq~t ENCON's attorney regarding the village Council review of this project, which was requested to be an attachment to the minutes. village Manager Bradford summarized the letter and explained that under Ordinance 209, the franchise agreement the Village had given to ENCON, before any sewage system was extended in Tequesta the Village must approve the same. When any subdivision or piece of property was developed, the infrastructure was always a part of the packets rece~.ved by the village Council, so that a vote for or against the submittal included adherence to Ordinance 209. Village Manager Bradford explained there had been very, very few, if any, retrofitting of sewer systems into existing neighborhoods over the years; and two years ago the procedures had been amended to also require Village Council approval for any retrofitting. In the case of Tequesta peninsula, the ruling by the Circuit Court included the finding that ENCON was in compliance with Ordinance 209; however, this project was not the peninsula project nor the permits for VILLAQB COIINCIL MB$TiNt# ffiINOT83 December 10, 1998 pA©8 16 the peninsula project. Village Manager Bradford reported that the residents of Riverside Drive were opposed to a sewer system and had told the ENCON Board that if they were required to have a system over their objections that they wanted a gravity sewer system which would be in keeping with ENCON's promise made to the people of Tequesta and other areas a few years ago. Village Manager Bradford reported he had read in the minutes of ENCON Board meetings that ENCON staff had come up with estimated costs as high as $15,000 to service the Riverside Drive homes with a gravity sewer system because of the length of the long narrow lots on the river and the slope above sea level, etc.; therefore, they proposed a low pressure sewer system as less detrimental to the community in terms of disruption and much lower cost. The meeting minutes also revealed that a survey of all the residents indicated they wanted a gravity sewer system. When the final vote was taken, ENCON voted to use a low pressure sewer system. They now had completed a contract to design and were ready to start the project. Mr. Ladd had informed ENCON representatives at the Village DRC meeting that this was not a part of the peninsula project, which was why it was on tonight's agenda. Vice Mayor Hansen agreed this was not a part of the peninsula. project which the Village had fought because Tequesta did not pollute the river and also because the Village feared salt water intrusion, and therefore should be treated separately. Mr. Ladd commented residents had expressed concern that the grinder pumps would need constant maintenance; however, it appeared that ENCON would be solely responsible for that maintenance, and he had hoped a representative would be present to explain that issue. Councilmember Cameron stated ENCON was just another vendor and should be treated the same as anyone else. Councilmember Capretta commented that since the residents did not want a low pressure sewer system the village Council should not grant the permit; and since ENCON continued to show utter disregard for Village laws and procedures the Village VILLAGE COIINCIL MEETING ffiINOTES December 10, 1998 PAGE 17 Council should not even discuss this matter and the Village should immediately do whatever they could legally to stop FsNCON from continuing with this project. Village Manager Bradford estimated $1,200 to $1,500 per home as the cost for this low pressure system. Councilmember Mackail commented there was no consistency in pricing and stated he was very disappointed that ENCON was not present to address issues which the villaga Council questioned. Councilmember Mackail agreed with Councilmember Capretta's comment that the Village Council should not even discuss this matter. Mayor Schauer requested that Mr. Ladd find out whether ENCON paid permitting fees to Jupiter. Mayor Schauer commented that residents from the unincorporated area had expressed concern they had not been informed whether they would be required to hook up to the sewer system immediately. Attorney Hawkins advised the Village would have standing if BNCON was not following village procedures. Councilmember Mackail commented when FsNCU~T had been to the Village four years ago the low pressure system was a voluntary concept, which it should still be, and they were not following village procedures. Councilmember Mackail made a motion to deny this application. During d~.scuasioa of the motion, vill~-ge Manager Bradford camIDeated it had been standard procedure that as applicant have someone present to answer nay questions and for the time being rather thaw rejecting the appiicatioa perhaps it could be postponed until ENCON came before the village Council to answer nay questions. Couacilmemaber Capretta ob~ectad because by the next time the village Council held a meeting the project arould already have bees installed. Village Manager Bradford pointed out if the ssr+ers arere installed without the Village Cownoil's approval the V111ag® xould definitely have grounds four legal action. Mr. Ladd Stated that under the Village's site plea revieM process the Village Counc~.l had the right to postpone if as applicant did na~t appeal before them. Couacilmem4ber Capretta requested viLLAas covNCZL ~sTINC3 ~urnrrss December 10, 1998 PAas 18 information oa what the Village could do legally, and the names, addresses and phone nunmbers of the nice residents who would be affected. ter, Ladd verified the residents had mot been notified of this meeting, and it was spot known whether sewers for the nine Tequesta residents would be installed first or last. Sharon 1Qalker, River Drive, reported she had bees actively involved with a citizens group, The Loxahatchee Giver Political Comamittee, ororkiag to save the Lo~ahatcbee River frc~n further decline due to pollution sad ultimately for the river's rebirth. Ns. walker reported there was legally very little the oitizeas could do to require sNCON to address the major sources of pollution to the river, except to alga a petition asking SDTCON's governing board to respond to their request for a 3-year moratorium oa sewgriag to work with the Department of saviroameatal Protection and the South Florida Nater Naaagemeat District, or until DsP's Sco- Syatemt ~aaage~ment Plan could be implemented. Over Z, 500 residents signed that peti,tioa. After three months of ao action by sNCODT after receiving the petition, the Political Cammtttee filed suit on October 23, 1998. me. -~alker reported that the matter was now before the Circuit Court, and it was extremely unfortunate that the only way 2,500 constituents could get their government to listen to them was to sue them. Ns. walker ccmomented an aggressive strategy to address stormwater pollution was needed, sad requested the village dewy the permit requested by sNCON. village asaaager Bradford stated a letter had been requested to be a part of the minutes sad described said ].otter as being frown Attorney for sNCON Curtis L. 3henkman of De3aatiH, aaskill, Smith & 3heakman, P.A. regarding the low pressure sewer system, North Riverside Drive, Village of Tequeata, which in the Village Manager's opinion was as attempt to confuse the issue of Tequesta Peninsula with this project. VTLLA4S COUNCIL MBBTINt~ a~~oT~s ~acamb~r lo, 199s PAC~B 19 Vice Mayor saasen seconded the motion. Th® vote on the motion wasz Elizabeth A. Schauer - for Carl C. Hansen - for Alexander Pl. Cameron - for Joseph N. Capretta - foz Roa T. Mackail - for The motion was therefore passed sad adopted. Village Manager Bradford requested a letter be sent to Mr. Dent advising of the Village. Cpuncil's action, to which Mr. Ladd responded that was standard procedure. The Village Manager also requested that Mr. Ladd notify either the Village Manager oz Attorney Hawkins immediately if he should become aware that ~NCON had commenced construction prior to approval by the village Council. Possible legal procedures were discussed. vice Mayor xansen commented the legality of the petition signed ~?y 2,500 residents had not yet been deeded by the Courts. Village Manager Bradford advised that Mr. Ladd might need to red tag any work that was started and use police powers to stop work. X. N811 BIISIN88S A) Consideration of Jupiter Slater Increase R®fuad Amount sad Format for Refund Village Manager Bradford explained that all Legal issues relative to the rate dispute and the RO challenge had been finalized, Tequesta had been successful in overturning the 91~ Jupiter rate increase, and the Jupiter Town Council had rescinded their Ordinance adopting the rate. The Village Manager commented that the water rate increase paid by Tequesta's customers plus interest could now be refunded. $1,752,615.50 had been VILLAt#E COUNCIL ~~rlNa adINOTSS December 10, 1998 PAOg 20 collected, held in escrow, and invested with the State Board of Administration and an average interest rate of 5.44 had been earned. Detailed records for each account had been maintained on Tequesta's computer system, and a typical customer with a 5/8" meter had paid $7 to Tequesta for approximately 33 mpnths, and would therefore receive a $23i refund plus interest. Tequesta had expended $374,475 on legal fees defending this lawsuit, plus approximately $33,000 in administrative costs. A village Ordinance would allow deduction of these applicable legal fees from the amount collected, however, staff recommended not deducting the legal fees from the escrow funds since the water enterprise fund retained earnings would realize $555,000 from current projects in the near future to be added to the current $200,000 in retained earnings, which would provide a cushion for unforeseen expenses, Staff therefore recommended the village Council refund 100 of the escrow funds plus 5.44 simple interest, and to notify water customers by a letter accompanied by a check to be mailed before February 1, 1999. The village Council was advised they had the option to offer opportunities to the residents td donate all or a portion of their refund to various upcoming projects, however, staff recommended not offering any donation options, and to apply the refund due customers with overdue accounts to those accounts. Vice Mayor Hansen recommended deduction of legal fees for administrative Costs from the refund amounts. Councilmember Cameron expressed his opinion that Z00~ of the amount should be refunded since that was what was promised at the beginning. Councilmember Capretta and Councilmember Mackail agreed with Councilmember Cameron. vice Mayor Hansen stated he did not know whether that promise had really been stated since he did not remember it, and did not know whether the Councilmembers could legally vote to refund 100 since a Village Qrdinance stated legal fees were to be deducted. Vice Mayor Hansen reminded those present he had wanted lower taxes, but in this case felt the village was entitled to the legal VILLAaB COIINCIL a~sTlxa xlHOTSs December 10, 1998 PAaE 21 fees. Councilmember Capretta stated vice was technically right; however, the public excuses, etc. Finance Director Holloman village Council that people who had lived locations would receive all their money. Mayor Hansen was tired of assured the at different Arnold Slum asked whether the prevailing party in governmental suits could recover costs, to which Attorney Hawkins responded in this case there had been no statutory or contractual basis to claim entitlement to fees. Couacilmember Cameron made a motion to refund 100 of the Jupiter mater ia¢rease plus 5.44$ simple interest with the provision that the village keep the mosey oa delinquent accounts. Councilmember Capretta Seconded the motion. The vote oa the motion was: Siizabeth A. Schauer - for Carl C. Haasea - against Alexander ~1-. Cameron - for Joseph N. Capretta - for Ron T. maokaii - for The motion was therefore passed and adopted. During discussion regarding the cover letter to be sent with the refund checks, Councilmember Capretta requested that the letter be friendlier than the proposed draft. Couacilmember Mackail made a motion to provide a friendlier cover letter to accouarpaay the Jupiter water Increase refund checks. Couacilmember Capretta seconded the motion. The vote oa the motion was: slizabeth A, Schauer - for Carl C. xaasea - for Alexander ~P. Cameron - for Joseph N. Capretta - for VILLAGB COIINCIL NESTING MINDTBS December 10, 1998 PAGE 22 Roa T. Mackail - for The motion urea therefore passed aad adopted. Finance Director Holloman explained the procedure used to track the amount of money collected from each customer. Mayor Schauer requested that the reporter from the Courier put a notice in the newspaper that people who no longer lived in Tequesta but were due a refund contact Finance Director Holloman. 8) Coaeideratioa of Cesaa.tioa of Legal 8fforts is Village of Tequesta v. South Florida mater Maaagemeat District aad Toga of Jupiter; Petitipa for Adminiatratioa Searing. Village Manager Bradford explained that this issue, the rate dispute, and the RO issue were three separate and unrelated legal issues with the Town of Jupiter. Since all other issues were settled, this matter could now be dropped. Couacilmember Mackall made a motion to approve Cessation of Legal Rfforta in Village of Tequesta v. South Florida mater adaaagemeat District aad Toga of Jupiter] Petition for Admini~tratioa 8eariag. Couacilmember Cameros aecoaded the motion. The vote oa the motiaa eras: Elizabeth A. Schauer - for Carl G. Saasea for Alexander ~. Cameros - for Jaseph N. Capretta - for Roa T. Mackail - for The motion area therefore passed aad adopted. C) D38EUaaioa of Aanexatioa of Area VI for March 1999 Referendum. 1. Ordinance - First Reading - Aaaexiag into the VILLAGE COII~TCIL MBETIDTC~3 ~zNOTEs December ip, 1998 PAas 23 village Certaia Areas of Land (Annexation Area vI) Village Manager Bradford explained that pursuit of at least one area for annexation during 1998 was an objective given to the Village Manager by the Village Council, and the Finance and Administration Committee had recommended Area VI south of Tequesta Park be considered for an annexation referendum dur~.ng March of 1999. The Village Manager commented he had provided for Village Council review a list of the registered voters of this area which included Tequesta Hills Subdivision whose residents desired greater police presence and protection and faster response time by Tequesta Police and Fire Rescue during the last referendum. The cost to these residents would be extremely low to become a part of the village. village Manager Bradford cautioned that the Village Council should consider the ramifications of holding a referendum for annexation of Area VI when at the same time they were urging Representative Warner and others to sponsor special legislation to annex Anchorage Point without a referendum. Village Manager Bradford introduced the new village Planner, Kara Irwin, who had been with the Village since November 30, 1998. Vice Mayor Hansen commented his record would show he had been in favor of annexation since he became a Councilmember, and commented that Anchorage Point was totally surrounded by Tequesta whereas Area VI was not. The Vice Mayor commented he would be willing to go to Area VI to speak with residents. Councilmember Cameron expressed his opinion that the Village should proceed with annexation efforts by both methods. Councilmember Capretta commented annexation should be done by any device available. Councilmember Mackail explained he had spoken with vILr~A~B covNCIL MSI3TING MINOTES December 10, 1998 PA©$ 24 Representative warner that day regarding annexing the Anchorage Point area, and he agreed with the other Councilmembers regarding pursuing different methods. Village Manager Bradford estimated approximately $175 annually as the cost to the residents of Area VI to annex. Councilmember Mackail commented he believed the benefits would outweigh the cost, and believed the Village should pursue annexing Area Vz. Mayor Schauer also agreed. Attorney Hawkins read the above Ordinance on first reading by title only Couacilmember Mackail made a motioa to approve the above Ordinance to aaaex iato the village Certaia Areas of Land on first reading by title only. The motion was seooaded by Vice Mayor Hansen. The vote oa the motioa wasa $lizabeth A. Schauer - for Carl C. Hansea - for Alexander ~v. Cameron - for Joseph N. Capretta - for Ron T. Mackall - for The motion was therefore passed and adopted. $. Ordinance - First Reading - Adoptia~ Latest Constrp.ction Codes aad CouatyKide Amendments Thereto, as Recommeaded by the Building Code Advisory Soard of Palm Beach County aad as Mandated by the State of Florida. (Staf# Recouamaaeads Approval ) Director of Community Development Scott D. Ladd explained that the Board of County Commissipners was in support of adopting the 1997 Standard Building Code, Standard Gas Code, and Standard Mechanical Code along with County modifications; and keeping the 1994 Standard Plumbing Code until such time as the State amends that code. Mr. v=zLAag covNC=L ~sr~Na xs~vT~s December 10: 1998 PAaB 25 Ladd explained the modifications were minor. vice Mayor 8aasen made a motion to approve the above Ordinance oa first reading by title only Adopting Latest Gonstruation Codes and Countywide Amendments Thereto, as Reco~maeaded by the Building Cade Advisory Board of Palm Beach County and as D~aadated by the State of Florida. The motion was seconded by Couacilmember Nackail. Attorney 8awkias read the above Ordinance oa first reading by title oaiy. The vote oa the motion wasa $li~sbeth A. Schauer - for Carl C. 8ansea - for Alexander N. Cameron - for Joseph N. Capretta - for Roa T. Maakail - for The motion was therefore passed and adopted. F) Resolution 10-1998/99 - Approving a Contract with Florida Software and Data Systems, Inc., of Soca Raton, Florida, for Computer Consulting to Include Review of Financial Accounting Software RFP Responses, Network Design ($4,750) and Configu~atioa and Implementation ($95 per Dour), Having a FY 1999 dater Fund Budget Allocation of $20,000. (Staff Recommends Approval) village Manager Bradford explained that the present computer system was antiquated, not user friendly, and had a Year 2000 problem, and a Computer Committee had been appointed to review hardware and software options available to the Village. Police Chief Allison explained the need for a consultant to do this work, and commented that Florida Software and Data System, Inc., had been chosen based on past experience, since they had worked for the Village on previous projects. Mayor Schauer commented that the package provided was very detailed and indicated a lot of work had been done by the Committee. Vice Mayor Hansen questioned why the village would go out v=Lr.~-G8 covNC=L NESTING ~INl7TEs December 10, 1998 PAG]3 2 6 of town when there were similar firms within the Village. Chief Allison explained that this was a complicated procedure and this company was very experienced with this type of work; therefore, it was felt they would be the best for the job. Councilmember Mackail stated he was very pleased that the Village was moving forward with networking the computer system, which was a major undertaking. Village Manager Bradford commented that the former Finance Director had estimated the cost of hardware and software at $50,000 and the auditor had estimated $100,000, so the Village Manager had felt $80,000 would be sufficient, and had budgeted that amount. However, the cost was now estimated at closer to $100,000, which if true would require an amendment to the budget. Attorney Hawkins read Resolution ib-9$/99 by title only. Couacilmember Mackail made a mbtioa to approve Resolution 10-1998/99 - Approving a Contract with Florida Software and Data Systems, Inc „ of Boca Raton, Florida, for Computer Consulting to Include Review of Financial Accounting Software RPP Responses, Network Design ($4,750) and Configuration and Implementation ($95 ger hour), 8aviag a FY 199 Mater Fund Budget Allocation of $20,000. The motion was seconded by vice Mayor Hansen. The vote oa the motion was: $lizabeth A. Schauer - for Carl C. Hansen - for Alexander N. Cameron - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted. vrLr~AGS covrrc=L MSBTING auNCrras Decemb®r 10, 1998 PAGE a8 8lizabeth A. Schauer Carl C. Haas®a Alexaader ~P. Cameros Joseph DT. Capretta Roa T. xackail - for - for - for - for - for The motioa was therefore passed aad adopted sad the meetiag waa adjourned at 9:32 P.M. Respectfully submitted, ;~ p~G~ZJ U Betty Laur Recording Secretary ATTEST: Joann Manganiello village Clerk DATE APPROVED: DEC-11-98 15:32 FROM: VILLAGE OF TEQUESTA ID: 5615756203 AEC .10.1998 5 = 20pIM JOf~B FOSTER JOh~ISTON & STUBBS NO. qg3 ~ESAN7'xS, CxAS81LT., ~ ~L SCAN, F.A. ATl4iR)Y8!"S 6 GbLONSEL.ORS A~'.LAM' vo~aw~~ awnn~ tlbY t1S. SWAY Vl~, f.O. ~ t~7 nw~Faua.` iV0~t17i lAt,NiI biA1~ ~+OtuDA ~,Hq~,gt~ TrlrphOfltr (rill) 8a•~70C ~z~ea~~rv w c~aa~~ P`t~NeMS (~) ~~9R/ Oow o~u cM nr,N,,,,~, December 9, i 998 4 pages by faac 83.E-1454, p110ne 659-3000 & US Maii PAGE 2• A. ~6 ~~w pr. "~+~r ooH+ka t aMrn ra..,rt~.ra ~N.prvdUtxrF. --~, SCQTT G. HAWKfNS, ~ulttt: 3368.39 b 01.232 JONES, PQSTFR, IOHNSiON ~ STtJB65, P.A. 505 SOUTH FlA4LER URNS 11TH FLOOR WEST PAiM BEACH, ~L 33401 Re: Law Pns:cure Sewer Sysi~erri, Notch Rlverslde Dare, Village of Ti~questa The vil of 1'equesca, rough 1/lllage perector of Cx~mmunt/y th~elopment, Scott D. i.adc!'s lei dated Dec~embe 3, 199$, tertCloAedl appea~t to be Making legal rt-att+ers into c~wn hands pa attempt to the sewer corotructlon on Rivwrside Drh~s. This letter wss just reGtived bar our client, the Rh+~r E'rtvironntentit Cotltroi pisUiGt tENCQNy on becernber ~ 7, 1998. The lagc Coundl has thin item on itt agtanda fvr Thursday, Oeaember 10, X1998 at 7 p.rn., dear Item IX C (entlose~. SlMilartci the Setiver sysf~cm plan; for Tequest+s P'4ninwla that did ~t rtlyulre ttte appr~ovai of th!- Tequesta Village Gaunci t, this d 4~ign by ~ TegUe~ village Cewntil as to sewer plartx will be in violation of the Ftnal judpttent dated August 6, t 997 by j~ige Moses Baker of the Cil~it Court of Palm 6e~ach County,i dFFirrr~ try.the F~ottrth Distort Court of Appeal Opnaan filed July 1, 1998. Specifir~liy as ro Taqueita's thalten~ bo the aonstruuion of tha sewer system, tfre Final Ind states: "Trqu~ta's htiture ~ astabilih Ci)1rr+aparable ham; (2) a clear test ~ighfr (3) an inadequate remedy ~ law; ally! t4) c~ansiderations Of public inoarp~, requires judgment in facer of Envort on the trtjuhction count." ld. at page 22. "Therefore, this Court declares that n~ adequsoe proof has been preseltted to subsWntiaM~ ~e claim that Enron has not cbtnplied ~-ith Gonditien No. 3 of the Permlt~ iiaued by tits Heehh C~partmertt.' Id. at pale 27."1"her+~pre, this Court deCiar~ that F.rtv.On is m compliance with the Franchls4 /~r~eemerrt b~etMireen Enron and Tequesfa f Tequeata's t'kdinanre 2091 in connection with the Permies issued ~y the Health Departrt~nt_" Id, at p~ 28. On ~ 73, 1973, ENCON and Teque~a erittrrACl tnt~o the ARreettlent of 5aie transferring all the sewer facillttes from reque~a m tNC:C7iy, indudfng as !^xhabit C a firanchlse of Ei~fCON's ri~cs to apaJ~ ott and oMer the public -ways of Taquesta. The traneiliae was s4bsequently enacted as an C~dinanw vfths Vifla~e of Tege,e~ t"Prar-ch ise"). The frp~chiSt' grants the Distric~[ the etcdushro right, privilege and franchtse to catstrua, mai fain ar~d operate sewer ~ t~u+qugttout Tegta~ in sOCAItlellCB with establishod pra~ctira with t~er~ct to sewerage service, constnxtton attd tratnratanae, togethter with a~l rights nay ar carwen,~t for the operttion chereoi. DEC-11-98 15:32 FROM: VILLAGE OF TEQUESTA ID: 5615756203 PAGE 3 ='•••• ~`'DEC.1~.1998" 5~ 2OPM'°°'"J'ONES FOSTER 3OFW5TON & ST11B85' ss ~®~c~a+~o-.. NQ. 4E79 P.4/6 `• ~• SCUTT G. HAWKINS, l:SQUlft!~ Uecerrtber 9, 1998 Page 2 The FMnchisa provides the (oc~tion of the sever f~-tillties is to intarfero as little as possible with trafl~c. For this purpose, the Fratlchise pravida for t-ttB`ic tavordlnatlon with TequBStal, ,S ,~_,.~ (ENCdN's) facilities an ~~» i"ho 1Kramchlse provides Tequesta smell not levy, impose or roquina f~ta-m ENCON, or its property, bu~altte~, or operations relating to ~ eervtc;e, any tax, licenara tae, or other imposition. The F~autchese provides Tegwsta ~graes not to enrage in the bualnass of saa+~erage caollection, tntatirtast artd disposal in oompetitivn with ENCON and Tequesta Lo tooperabe with ENCQN. for twenty five (2S) years since ~ 1973 until now, ~NCUN has been const~ing, operating and maintaining the aewera~ systems in Te!gte without the neaessiry for the Village Caartcil approval. Tequesta's now re~riremerlt of ate Village Council approval is inconsistent with the rights of ENCAN pursuant ao the L~ranchise: The Court declared th twnoc>n Is in compliance with the Frandtise Agreement between Encan sued Tequesta 's Ordinance 209) in tonnas~ion with perml~ issued by the Health De~artrt>ent M , ENC7QN, as 'a courtesy tv Tequesta, hats invited Tequersta to attend the p~const~ution meeting i'iease afirfso your dierets that6or the above stated reasons, I equesffi shou[d~ not try to inl+er~era with the x~wer c+vr-strudian on Riverside Drive being caortducted by Encon. PI.Ei+1SE A~U-Kf T!~[!S 1~~'~PART OF THE MINU'1'i=S {af - TMtr V1lLAGi: cc~uNCt~^s ~~~o-~s ~~tHC Ahio P,~u~r +~ rH~ ~c~aa o~ Al.~, P~K)t:EEDINCS OF '11:K~UESTA AS TO THiE RlVERSlD~ QRiVE ShVY~R SwSCFM be6artds, G~tldll, Smith & Shenft , P.A. ey: Curtis l.. S alt ~: cc: Rid'tard C. Dent; >o~trtfva pirecoor Governing Beard of the LOx~thaichee River District Tim Gaskill, Esq. F 1Z~10.99 +.Rb~tE~uE3TiWOkdw9.~T~ i DEC-11-98 75:33 FROM: VILLAGE OF TEQUESTA ID: 5615756203 '"" '~EC.10.1998'~ 5~21PM~Oa~'JONE~a FOSTER JOF~VSTON & STUHHS'yb~nc~srsra N0,4A3 ~~.~-GB a~ ~s~, ~A~1'x ~'(~Y~va~tT FOIAt Ada ~9~~~ ~575~6?~ Z~gt~e4 ~ ~ D~eo~~onbes~ 9. T9At lY~lt: moped, iw L~Eit~inr !~~ ~li~ . Zs00l~Dhavie ~npib~. rL S~I~R ' ~: ~ ~t~rlmru d ~ ~/off ~w >/s_~ i~ ~ 700 ~-~. ibbl pea^~a~ n regat~led ix aede~ t~ a If wie mat bs of ~a~alr ?baa~t aroa verb s~mcb~ ~~ ~~ ~• aoae ~ rya. eso D~cvc~o+rvlCaaeam~r D~lop~r `~ c~ C. l9oesdfo~„ v~ PAGE 4' ~~G~rv~Q a~C 0 7 ~ ~°°r~,- by ~' ao~oa7 #s died ~C Deeo~mbee iq Np t~A ~ee~d at ~!{7 Ttagrr~la Dsiwy Tiq~~. Yam r~ry gopda~ls~-t ~ s>ci~s- domtl~siwie~wfl. ' ~.r.~.. + DEC-11-9@ 15:33 FROM: VILLAGE OF TEOUESTA ID: 5675756203 PAGE 5 N''"'"' ~'bEC. i0.1° 5~2iPhNp~rJONES F ~ TER J01-IYSTQN & STUAf~S° 661C,~R~l~4 ~ N0.483 P.6i6 '~~~ 7+srm ~p}s~ag D~oeebAS ~4, Z00~. ~~lOd! #IN~ ~~~ . • 81 Oansid~er~t~ v~f ~ e! ~l~er~sett ~trd o! 1ldjust~t N~a6er 1~ria 7Cieae~oorlr eus • O~grs].ar r ~p Obe soa-rd v~ ~ ~a co ssm trie ~ of 8ee~t Ooy;• , vtsh ~d z' ~3,zi~r Der 31, X000. ~ eee ~~ ' zz. J1.) ~~c3~ ~E~orpt~oo public Rae~ri.~ fir Pyta~sed la, 40e Sgeatr abut Q.uMSi~ ~c'or' e~oratoaM ~Le~f R ~t#~1 S~lco ~d ~~ces! ~ ~q~raCe pld~it, X10 ~gtiNeat brlve. ~A QgOOi•~aswt ~~! Iri o! NiC~wMes. ~~ ~sd. ~! e! ~-~=tC CS.O~l1i. '~! Tq 0! Nit~11Mr end `C~l~OOt s~~~o~t~ ~ , S) t+' of Rec! aasMnd p~De~ Ck'NtlpOC~, ~h~ ~. ~1-3,d~Ce: i! !~E'MC~CR GO ~0e~~ fel !.~~7~t ~ - vN ~rgttelC 8! ita pl R~ far Che ~dd3ti.10~t e?~,, #-'i'!~ tTgiC AWtwn~ iti7,~tt Mru~ioA) +rilChia tit ~e~~ '~ ire- wt rapt #,ty 8.ek. ~p7 vMt. 1e.lt . ~L. li~s'C3n, ~;rl i~Ca~rt~ C~ ~]A1~s for C!~ ~gac~h Riv~rsir~e ~iv~A La~+ •lir! ~~1. L~i~fitLb~ 1l~YI~s DistY~itt. i. ~ ~ c~ana,i ~~Ip of i11~iCes' 1~~ws Ioaresed ltefu~+d 71 ! !b~ Riltim~d. ? Cb~~dw~ qea o!' CM~1iat3~ : o~ ira~el ~ifox~al ~~ Ytll~ 'tea v. ~outb ~.orids ~Ga~r Di~r~at rmd ZbMln et ~p~tln:; PebiCidtt fog ativ~e geeraag. . ~! ZiiSOtii/O~Q~ {~ #C!-At o.!' ~iOR Yl fog' K3scb 2989 3 C ~DVd LAE~i6a ~~~ '~x 1fil~iY~T. 3'O a0lriZlA •1~f~13 Sb• e'L 1!~•~~9s4 ~ can`s selieMe ICs Yogurt 167 IJ.S.lilg~twar one Tequesta, Fla. 33469 Village of Tequesta Town Council 357 Tequesta Drive Tequesta, FL 33469 Dec 4,1998 Re: Prior Parking Problems w/ Classic Dreamcars To Whom It May Concern; This letter will confirm that we have had no parking problems at The Tequesta Shoppes-in Tequesta for over 12 months. Mr. Bogard and his Classic Car Store have been excellent neighbor's and tenants. Sincerely; Q 11 ~/ \ ~" \ Paul Moody; President I Can't Believe It's Yogurt