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HomeMy WebLinkAboutMinutes_Regular_04/08/1986~. MINUTES OF THE MEETING OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA APRIL 8, 1986 A meeting was held by the Village Council of the Village of Tequesta, Florida at 7:30 P.M., April 8, 1986 in the Village Hall, 357 Tequesta Drive, Tequesta, Florida. Councilmembers present were: Carlton D. Stoddard, Mayor, Edward C. Howell, Vice Mayor, Jill K. Gemino, Edwin J. Nelson and Ron Mackail. Also present were: Robert Harp, Village Manager, John C. Randolph, Village Attorney and Bill C. Kascavelis, Finance Director/Village Clerk. Mayor Stoddard made the following announcements: 1. A communication received this afternoon from the Florida Department of Law Enforcement praised the Village Police Department for a reduction in arrests for the year 1985. Arrests for this period were reduced 35.9 a. • 2. Municipalities throughout the state have been asked by the State Attorney to declare the week of April 20 as Victim's Rights Week. Accordingly, a proclamation has been forwarded to the State Attorney on behalf of the residents of Tequesta declaring the week of April 20th through 26th, 1986 as Victim's Rights Week. 3. A Conference of Mayors of Palm Beach County has been scheduled for April 29, 1986 at the Boynton Beach Holiday Inn. Mayor Stoddard will be present at the conference on behalf of the Village. 4. The Mayor stated that he will not be able to attend the next regular scheduled meeting of the County Beaches and Shores Council since he will be out of town. However, an alternate will be designated and the Mayor would like the Village to have a representative attending all future meetings of the County Beaches and Shores Council. The tentative council agenda was amended to include a presentation from the Countywide Beach Erosion Coordinator, Mr. Robert Klinger, P.E., Palm Beach County Engineering Department. This item will appear on tonight's agenda as Item 1. a 1) 1. a 1) Mr. Robert Klinger, P.E. a beach erosion specialist made a brief presentation concerning the proposed beach restoration project for the Jupiter/Tequesta area. S~ ~~~ • Minutes of the Meeting April 8, 1986 Page 2 - It was noted that the Jupiter Inlet Park and Carlin Park have experienced the most critical beach erosion of all the parks in Palm Beach County. A slide presentation was presented by P.E. Thomas Campbell, Coastal Planning and Engineering Inc. regarding positive steps to correct the Jupiter Inlet and beach erosion problems. Upon conclusion of the presentation, the Village Council was presented with detailed cost proposals for Carlin Park Expanded Inlet Maintenance and the Proposed Phase I Studies and Surveys. Mr. Klinger requested community support of the project which has a total estimated cost of $2,704,600, possible state participation $1,803,450, balance to be paid by the County $901,150. Council was requested to contact Commissioner Karen Marcus and notify her of the local support of Tequesta residents. Mr. Klinger indicated the project engineering will not be undertaken until North County indicates • approval of the project. A copy of the engineering proposal is attached and made a part of these minutes as Exhibit (lal). la) Discussion of Water Department Matters by William D. Reese, P.E., Gee ~ Jenson Engineering, Inc. reported: 1. The unaccounted water loss at Tequesta's new water treatment plant appears to be solved, The master meter at the plant was removed and recallibrated. The loss ratio appears to finally be solved. Test checks during the next few months should confirm this opinion. 2. Jonathan Dickinson Well Sites: Efforts are being continued for future well sites at Jonathan Dickinson State Park. Recent discussions with S.F.W.M.II.and the D.E.R. were encouraging, future testing for water availability and quality are pending future discussions with D.E.R. 3. Water Consumption Use Permit: We applied last December for approval from the South Florida Water Management District to permit the daily pumpage from .96 MGD to 1.6 MGD. The staff at S.F.W.M.D. has indicated approval will be granted at their Board Meeting to be held next Thursday. • 4. The new water treatment plant is running well, a surplus of water pumped from our system is being accrued for the summer draw down period. . Minutes of the Meeting April 8, 1986 Page 3 - --------------------------------- 5. We are proceeding with the redesign of the elevated water storage tank and water system buildings, Our recommendations will be forwarded to Mr. Harp within the next few weeks. Mayor Stoddard noted that he had received a copy of the Palm Beach County Well Field Protection Ordinance. ?~9r. Reese indicated he would be providing comments in regaxd to the County Ordinance in the near future. 1B. Site Plan Review - Tequesta Centre. Scott D. Ladd, Building Official read a letter from the Long Range Planning Commission indicating approval of three projects of which Tequesta Centre was included. A copy of the letter from the L.R.P.C. signed by Chairman Dembski is attached and made a part of these minutes as Exhibit (IBS. Mr. Ignacio Salas Humara (P.S,H. Architects) 5601 Corporate Way, No. 406, West Palm Beach, Florida reviewed the building features and indicated the building would be a welcomed addition to the community, Councilmember Gemino expressed concern that the modernistic black glass • building was unique and she likes the design, however, without any vacant land near the building site she was of the opinion that the building design would not blend into the Village. Mr. Ernest Hamilton, General Partner of Tequesta Centre spoke to Councilmember Gemino's concerns. He contended that it was difficult to distinguish what community you were in when driving on U.S. No. 1, near the planned building site. He felt the proposed building would be a welcomed addition to the community. Scott Ladd, Building Official received Community Appearance Board guidelines of community building recommendations noting it was not necessary that building be similar in appearance. The council was assured by Mr. Hamilton that water run-off from the proposed building site would be addressed to insure that the Village water lines, pumps and water storage tower would not be endangered. There being no comments from the residents in attendance. The Mayor entertained a motion. Nelson moved, "to approve the site plan review of Tequesta Centre with reservations to assure the Village that Village Water facilities would not be damaged by water run-off from the project." Howell seconded the motion. The vote on the motion was: • Minutes of the Meeting April 8, 1986 Page 4 - Gemino - Howell - Mackail - Nelson - Stoddard - and the motion therefore passed. against for for for for 1C. Site Plan Review - N Tire Partners: Scott Ladd, Building Official reviewed the future uses of this property established with the former owner of the property, during litigation with the Village. Mr. Ladd noted retail stores and shops or a professional service building was appropriate for the site. Mr. Jim Nash, P.E., reviewed the proposed building features as a • commercial property compatible with existing store front window shops similar to the buildings on Cypress Drive, He indicated that the actual use of the building could not be determined until leased out. Mr. Ladd reviewed the project drainage and it was indicated that an on site drainage system would be designed for the project. Councilmember Howell was assured by the Village Attorney that the legal aspects of the project had been met. There being no further questions regarding this matter, Nelson moved, second by Gemino, "that the Site Plan Review of N Tire Partners be approved as submitted." The vote on the motion was: Gemino - for Howell - for Mackail - for Nelson - for Stoddard - for the motion therefore passed. 1D. Discussion of Newspaper Machines - South Side of Tequesta Drive, West of Riverside Drive, • A report on this matter prepared by Police Chief Flannery cited four (4) problem areas associated with mail boxes and newspaper racks at this location. A copy of this report is attached for information purposes as Exhibit 1-D. • Minutes of the Meeting April 8, 1986 Page 5 - --------------------------------- Village Attorney Randolph recommended. that the concerned parties to this matter be contacted and asked to remove the mail boxes and newspaper racks on a voluntary basis, rather than by action of the Council. It was noted that the Village had requested a four way stop sign at the location, which might eliminate some of the dangers associated thereto, however, it would not eliminate all the safety hazards noted. A motion by Howell, second by Mackail "to request the removal of mail boxes and newspaper racks at the south side of Tequesta Drive, west of Riverside Drive and that the Village Attorney notify the interested parties of Council's action." The vote on the motion was: Gemino - for Howell - for Mackail - for Nelson - for Stoddard - for the motion therefore passed. • le. Other Matters, Time for Visitors. The Chair recognized: 1. Mrs. Dottie Campbell, 4 Trade Winds Circle was concerned that the Tequesta Village Hall was not open to the public during the lunch hour of 12:00 P.M. to 1:00 P.M. Mrs. Campbell stated that the Village of Tequesta was the only town hall with the exception of Jupiter Inlet Colony in this area of the county operating under such a policy. Mrs. Campbell requested that the Village Adminis- tration review the current policy and possibly make revisions to the current policy which would provide greater access to the Village Hall for residents of the community. 2. Mr. Paul Coben, 360 Tequesta Drive presented a Memorandum to Council- membersfromthe Community Appearance Board with regard to the ter- mination of the Village Clerk and Clerk of the Community Appearance Board. A copy of this Memorandum is attached and made a part of these minutes as Exhibit 2-le . 3. Mr. Joe Yoder, 147 Point Circle commented on the local news media reporting of the recent termination of the position of Village Clerk and merging of the duties of that office with the position of Finance Director. Mr. Yoder's comments were: "Members of the Council, I have to admit that it is not with • pleasure that I am here tonight. More in line of duty. I spent a good deal of time last week or two weeks ago listening to the discussion that . Minutes of the Meeting April 8, 1986 Page 6 - --------------------------------------- went on with regard to Cyrese. I would like to comment on that. I have been a councilmember for about some five years ago, so I understand the position that you are in up here and it really bothers me to see some of our citizens berate people who are trying to do a job. It is not my in- tent to engage in any debate with the media, that is certainly a no win situation. But one must remember that one of the perceived functions of the press is to ferrett out evil doings. Thus, when the Village eliminates the Clerk's position, they surmise or conjecture some sinister Machiavellian plot some foul deed must be uncovered. That's a typical press reaction in my opinion. I respect that's their function. I, too, can surmise and conjecture and I would like to use Webster's definition if these words because they have a very clear meaning. Surmise - "thought or idea based on scanty evidence". Conjecture - "inference from defective or presumptive evidence". or "conclusion deduced by surmise or guesswork". Now I can also surmise along with the news- paper the press and the rest of the people that made these comments. I res- pect their ability and their right to do that and I believe I also have the right to make some surmises and to do some conjecturing also. My scenario, though is based not on exposition, which is a function of the newspaper which considers to expose things, rightly so. But really, my scenario is based on • business management. I had the pleasure of hiring many people. I also made some mistakes, which had to be rectified. At other times, organizational changes depending on circumstances, whatever called for some changes in personnel and the organization and depending on the circumstances, this required reassignment, retraining or releasement. Now let me assure you that there is nothing more distasteful, nasty job that management faces than letting somebody go, either because of a release or because of lack of work. Let me make an assign management in this case is dealing with people, a person, an individual, and I respect Mr. Howell's point, there is a person behind these positions and many of us know the person, and I always liked Cyrese. But, I also realized that in certain cases, management has a function to perform and function has to come ahead and go beyond personal desires. Paramount in any release is the need to protect the person. So the terms used in acts serve double meanings. The purpose is to correct a problem call it a management problem whatever the problem, and it's also to see that in the correction of this problem the one who leaves, is left with good face, above all one tries not to embarrass or crucify a person a That's the last thing anyone in a management function wants to do, believe me. In this instance, the position according to the Council can be consolidated with the functions of another position. But to the press and to others, it's a "firing". Nor this may or may not be true, but the press perceives it as a firing, the press surmises it as a firing this may or may not be true but the public implication is cruel, and I'd like to use their own word, shabby, to take somebody who has not been released for particular reasons other than business reasons and to say they are fired. If as the • press implies the clerk was fired, then what. Wash the dirty linen in public? Great for circulation, possibly devastating for the parties involved. Much was made of the Council's action made while the clerk was "out of town", and that it was not specifically on the agenda. One could call this shabby • Minutes of the Meeting April 8, 1986 Page 7 - if it were, for the press conjecture, an outright firing. But certainly one can surmise also that this was a business decision as stated by the Mayor. If I can recall correctly, the Charter states "that the Council has the power to appoint and retain all Village Officers which includes the Village Manager and the Village Clerk". This, in my time was always done at the annual organizational meeting. That was the logical time, that a decision to be made to keep people doing those jobs or not too. If the business decision was not to reappoint the clerk just when or what was the proper time, next year? If there ever was a time it would seem logical that the time to make the decision for the next year, that seems to me to be the time the Council should make that decision. So, I can surmise a situation entirely different from the innuendoes that the press and others are saying, addressing to the Council that it is some kind of insidious, something or another, that somebody is out to get somebody. One can surmise whatever one .wishes we can all surmise something entirely different than I do, surmise we can all do, however, my conjecture is that, the Mayor's action was taken after much soul searching and for the perceived good of the community. Some of the current editorials seemed to me the old Spanish inquisitions, charges are made, questions are posed and the verdict rendered, all by the • same body, in the case the newspapers or others in the Village who are spe- culating, surmising whatever, I will comment though on only one of the questions that has been brought about. That question is: How can Ron Mackail have reached a conclusion and vote for the Mayor? Possibly for the same reasons that I too would have had, had I been in his shoes. Having been a councilmember facing audiences sometimes stacked, sometimes nut, I know that you, the Council, must be asking yourselves, what am I doing here? Certainly not for the money, the $50.00 or whatever they're giving you now. Is it worth it all, to sit up here and take this kind of thing and read about it in the press. I feel I have to take a position and defend the Council having been through some of these things myself. Let me assure you Councilmembers, that there are many in our vision, in our Village who appre- ciate the time and effort that you give on our behalf. I thank you." 4. Mr. John Brandeburg, 50 Golfview Drive. "I'd like to address the job combination and I'd like to cover four points. 1. Anger 2. Over-reaction 3. Changing times 4. New members of Council. ANGER: It's hard to understand the anger I perceived because of the issue at hand. The issue addressed is that of a position, it is extremely unfortunate that the press chooses to put the name of a person on an issue • that does not involve a person at a11, but rather involves a position. I am not insensitive or heartless to the people. I'm Senior Vice President of a corporation that has 500 to 1,000 employees. I don't feel that I am a Minutes of the Meeting April 8, 1986 Page 8 - ------------------------------------- heartless unsensitive person, however, there are business issues involved and similar things that seem to transcend some of the issues that were involved in the newspaper. On over-reaction, it appears to me that the issue at hand has not been dealt with as much as some of the other issues involving a personality and individual. It is very unfair to that individual to perceive that something other than the issue at hand is to be dealt with. Changing Times; Things change. I think it is incomprehensible for some of the newspaper articles stating that it was that way before so they see no need for a change now. That's not the kind of thinking I relate to very well. I think that things do change that doesn't mean wholesale changes that just means things have to be looked at, continuously reviewed and if anything it may mean that some of these things in the past have not been looked at as they have been looked at here recently. The last item I would like to address is the members of the Council. If they all don't vote for something or they all don't vote against some- thing that they seem to be chastised for it. Every person in our Council • now and every person on past Councils are. individuals. If there is a collusion or something other than an individual, that's wrong. If they're an individual, I have no problem with them voting their own mind on each and every matter, to chastise someone for voting one way or the other seems to be unfair to me. The last issue that I would call a cheap shot of the highest magnitude is the audacity to say that a person newly elected has no voice, that's ridiculous. Somebody who has been elected by people who come to cast their ballot for people have as much a right to cast a vote at their very first meeting as though they were on Council for ten years, and they have at least as much vote as people who were on Council before or even people who were Mayors before, and if anyone doesn't see that I submit that, that is very one cited. I hope everyone here understands that when you take a little courage, people understand. Thank you. 5. Mayor Stoddard read a prepared statement as a reply to several questions posed by a local newspaper regarding the methodology of combining the two positions of Finance Director and Village Clerk. Said letter is atttached and made a part of these minutes as Exhibit 5nle. Mrs. Dorothy Campbell was recognized by the Chair to present her • remarks with regard to the statement read by Mayor Stoddard. Specifically, Mrs. Campbell quoted Section 2,13 of the Charter, Interference with the Administrative Department. Minutes of the Meeting April 8, 1986 Page 9 - ------------------------------- "Nei her the Council or any of its members shall in any manner dictate the appointment or removal of any Village officers or employees whom the Manager or his subordinates are empowered. to appoint, but the Council shall have the power to remove the Village Manager as provided by this Charter and may express its views and discuss all matters with the Manager. Except for the purpose of inquiries or investigations under this Charter, the Council and its members shall deal with Village officials and employees solely through the Manager and neither the Council nor its members shall give orders to any such officials or employees either publicly or privately." Mrs. Campbell stated she was distressed by conflicting news expressed in the paper by Mayor Stoddard and Finance Director Bill Kascavelis and Chief of Police Flannery where they said meetings had occurred, had not occurred, discussions had occurred, had not occurred so on and so forth. I think we, in this Village have a right to know why were you talking, Mayor Stoddard to other employees pertaining to this matter? Could we • have an answer? Mayor Stoddard replied, do you want an answer now, you'll get it now: Fine, replied Mrs. Campbell. The Mayor replied: "the inference that I give directions to any employeee is incorrect. We are entitled as is every Councilmember to get information to guide us in decisions in the best interests of the Village of Tequesta. Certainly, I get information from people I got information, so it would satisfy me in my mind, that these two offices could be combined. No directive was given by me to any officer of this Village or even has to any office of the Village. I get help from them, they are there to give me that help, their advise is welcomed and it is helpful, as it helps us to do a good job on the Council. But never, never have I given a directive to a Village employee. That is the job of our Village Manager and our. Department heads. Does that answer your questions? No, it doesn't answer everything I have been implying. Mrs. Campbell stated that in the past, as a member of Council, she never spoke to Village employees unless she first cleared it with the Manager.. Mrs. Campbell one of the most frequent visitors to the Village Hall, as observed by Mayor Stoddard who indicated he had never criticized her for that. Mrs. Campbell replied that she's not on Council. Mayor Stoddard questioned Mrs. Campbell to the effect that she is questioning his right as a Council- member to make inquiries to Village Officials as being improper. Mrs. Campbell replied, "yes Sir, different rules for the Council and different rules for the public". Mrs. Campbell proceeded to cite Section 9.02 of the Village Charter "all meetings of the Council shall be open to the public and the rules of the Council shall provide that the citizens of the Village shall have a reasonable opportunity to be heard at such meetings. in regard to any matter pertaining to the Village." Mrs. Campbell also advised the Council to have a serious discussion with the Village Attorney regarding the Council's methods and techniques of conducting Village business. Minutes of the Meeting April 8, 1986 Page 10 - --------------------------------------------- Mrs. Campbell stated she also understands that the Finance Director made a statement at a recent meeting of the Community Appearance Board that he does not want his job, that he had a full time job. Mrs. Campbell asked Mr. Kascavelis if that was true? Mr. Kascavelis' reply was to the effect that upon appointment. to the position of Village Clerk, that he had reservations at first. However, after careful consideration was given to the matter, he decided the Council's decision had merit and accepted the appointment. Mayor Stoddard indicated that the Council had received a letter from Mr. Kascavelis accepting the appointment. A copy of such letter is attached for information purposes as Exhibit 5-2e. There, being no further discussion on this matter from the floor, Mayor Stoddard recognized Village Manager Robert Harp, who read a prepared statement on this matter. Such remarks are attached and made a part of these minutes, referred to as Exhibit 5~3e. After Mr. Harp read his presentation, the Chair entertained a motion from the members of Council to reconsider its action on this matter, that was taken at the Council Meeting of March 25, 1986. There being no motion received from any of the Councilmembers, the Mayor proceeded to the next item on the Council agenda. 2. Village Attorney's Item: a. First Reading of a New Sign Ordinance: Attorney Randolph noted the substantial Ordinance Changes: 1. Signs must conform to laws applicable to State Statutes. 2. Concerns were made with regard to signs for theaters and Mr. Stoddard requested that the Village Attorney address these matters. 3. Real Estate Signs residential areas, R-2 and R-3 areas addressed, see Ordinance for specifies. Mr. Randolph read the Ordinance by title: "AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING SECTION XII, SIGN REGULATIONS OF THE OFFICIAL ZONING ORDINANCE OF THE VILLAGE; PROVIDING FOR SEVERABILITY; PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH ARE HEREBY REPEALED; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE". Minutes of the Meeting • April 8, 1986 Page 11 - Councilmember Gemino moved, second by Councilmember Howell, "that the first reading of the Ordinance amending Section XII - Sign Regulations of the Official Zoning Ordinance of the Village be approved." The vote on the motion was: Nelson - for Howell - for Mackail - for Stoddard - for Gemino - for and the motion for the first reading of the Ordinance was passed. 2B. The next item on the agenda was a Resolution adopting the International City Managers Association (ICMA) Deferred Compensation Plan by the Village. Esq. Randolph noted that the contract with Mr. Thomas Bradford required adopting the ICMA Deferred Compensation Plan to enable participation by Mr. Bradford when he begins his employment with the Village. Mr. Randolph • noted there will be three (3) attachments to the Resolution concerning Mr. Bradford's contract and the potential participation by other Village employees desiring to participate in the plan. Mr. Randolph also noted that the plan required a minimum annual contribution of $7,500 or .33-1/3a of an employees earnings or whichever is less, for participation in the program. It was also noted that Mr. Bradford's contract required participation on behalf of the Village in an amount of 60 of his annual contract. Councilmember Nelson moved second by Councilmember Gemino, "that the Village adopt the Resolution providing for the ICMA Deferred Compensation Plan for Village employees and that the new Manager, Mr. Thomas Bradford be appointed coordinator of the Plan." The vote on the motion was: Stoddard - for Howell - for Mackail - for Gemino - for Nelson - for and the motion was therefore passed. Mayor Stoddard noted that he had received some correspondence regarding the "Fair Labor Standards Act" and recent legislation concerning the Act. Mr. Randolph was questioned if he felt the need for any local legislation i regarding this matter. Mr. Randolph replied that he was of the opinion that the Village did not need to address the Fair Labor Standards Act at this time. Minutes of the Meeting April 8, 1986 Page 12 - --------------------------------------- Mr. Randolph distributed a booklet to each Councilmember regarding the State of Florida Sunshine Law. The Council and Village Attorney briefly discussed the creation of the Long Range Planning Committee. It was noted that the intent of the Council was not to establish another layer of government by establishing this committee (LRPC). The purpose of its creation was to get additional input from citizens of the community concerning future planning of the Village. 3. New Business 3a) The next item appearing on the agenda was a Resolution of Commendation for Cyrese Colbert. A copy of such resolution is attached and made a part of these minutes. Mayor Stoddard also suggested that consideration be given to having a plaque prepared and given to Mrs. Colbert expressing the gratitude of Council for her approximate 12 years service to the Village. Councilmember Howell moved, second by Councilmember Nelson "to approve the Resolution of Commendation for Mrs. Colbert. The vote on the • motion was: Gemino - for Nelson - for Howell - for Mackail - for Stoddard - for and the Resolution therefore passed. 3Bc The next item on the agenda was a report on the Fire Rescue Services Study provided by the Town of Jupiter fox the Jupiter Area including Tequesta, Juno and Jupiter Inlet Colony. After a brief discussion, Mr. Harp noted that the Village had made a commitment to the Town of Jupiter to pay its pro-rata share of the report costs. The costs applicable to Tequesta are $7,658.00. Mr. Harp suggested that the prior commitment be honored by Council and the funds available for payment could be provided by the Federal Revenue Sharing Fund. Mayor Stoddard commented that the North County municipalities should continue to maintain a united stand with regard to making their voices heard by the County Commissioners, to insure that Fire/Rescue Service Budgets are kept within reason. He also noted the state legislature should address the taxing authority provisions for fire/rescue service districts. Councilmember Gemino moved, second by Howell, "to accept the Fire/ Rescue Service Report received from the Town of Jupiter and approve payment to the Town of Jupiter for the Village's share of costs in the amount of $7,658.00. A letter thanking the Town of Jupiter for considering Tequesta in the study." The vote on the motion was: Minutes of the Meeting April 8, 1986 Page 13 - Gemino - for Howell - for Mackail - for Nelson - for Stoddard - for and the motion therefore was passed, 3d. The next item appearing on the agenda was the June 1986 Palm Beach County Municipal League Meeting to be held in the Village of Tequesta. A brief discussion regarding the Palm Beach County Municipal League meeting scheduled for June was presented by the Mayor. Mayor Stoddard suggested that guests other than the Palm Beach County Municipal League members be determined by invitation since the parking facilities would limit the • number of persons who could attend. A barbeque at Village Green Park was suggested after the meeting. It was suggested that the matter be reviewed in more detail and presented as an agenda item for consideration at a future Council Meeting. 4. Minutes and Reports 4a. The minutes of the Council Meeting held March 25, 1986 were approved as submitted. Councilmember Gemino praised Mr. Harp for providing the Minutes within a ten day period. Mayor Stoddard also thanked Mr. Harp for his efforts and a job well done. 4b. The Village Manager's Report for the period March 23 through April 5, 1986 were accepted as submitted. Mayor Stoddard also noted as a matter of record that the Village Manager's Reports and the Finance Director's Financial Statement are always submitted promptly. 4c. The Village and ~Nater Department Financial Statements for the month ending February 1986 were accepted as submitted. 4d. The Comprehensive Annual Financial Report for the Village of Tequesta, Florida, for the fiscal year ended September 30, 1985 was submitted to the • Council fox approval. Mayor Stoddard commented that in his opinion, the report submitted herewith appears to be the most professional report submitted to date, and he is of the opinion that it will win the Village and Finance Director another national award. • Minutes of the Meeting April 8, 1986 Page 14 - --------------------------------- Mayor Stoddard recommended that after Mr. Bradford arrives that a Workshop Meeting be set up to review the Village Comprehensive Annual Financial Report. Mr. Kascavelis reviewed briefly the General Fund Financial position of September 30, 1985, which indicated a surplus after all reserves were taken into consideration of $180,000.00. Upon the completion of the discussion, Councilmember Howell moved, second by Councilmember Nelson that the Compre- hensive Annual Financial Report of the Village of Tequesta for the fiscal year ending September 30, 1985 be accepted as submitted. The vote on the motion was: Gemino - for Howell - for Mackail - for Nelson - for Stoddard - for and the motion was therefore passed. • 5. The next item on the agenda was Councilmembers Reports. 5a. Councilmember Gemino said it was encouraging to see the school children using the Village Green Park facilities each morning while they were waiting on their school bus. 5b. Ms. Gemino also raised some questions in regard to the repairs on the Lift Station at the Dover Road Park. Mr. Harp indicated he would be reporting on this matter soon. Mr. Gary Preston will also be reporting to the Council d.n this project in the near future. 5c. Councilmember Howell commented on the Long Range Planning Commission. Member Howell indicated that the purpose of the Commission should be reviewed and the Commission should either be supported by the Council or abolished. It was suggested that a Workshop be set up to review the Long Range Planning Commission functions with the commission members. Transportation facilities for senior citizens was discussed briefly. 5d. Mr. Brandeburg commented with regards to the possible function of the Long Range Planning Commission to establish a vision of acceptable commercial preliminary planning for future projects within Tequesta. 5e. Mayor Stoddard recommended that Council establish a deadline of sixty (60) days for Step-Saver to remove the large sign located at the northwest corner of U.S. Highway No. 1, and Tequesta Drive which is in violation of Tequesta's Sign Regulation Ordinance and have Step-Saver present a color • Minutes of the Meeting April 8, 1986 Page 15 - ----------------------------------- drawing of a new sign which is in compliance with Tequesta's Sign Ordinance, such new sign to be presented to the Council for consideration at the May 13, 1986 regular scheduled Council Meeting. Mayor Stoddard turned the Chair to Vice-Mayor Howell. Mayor Stoddard moved, second by Councilmember Gemino "that Step~Saver be notified to remove the sign located on their property which is in violation of the Teauesta Sign Ordinance regulations within thirty (30) days." Discussion on the issue and comments provided by Village Attorney Randolph indicated the action being taken by the Village Council with this motion was appropriate. The vote on the motion was: Gemino - for Howell - for Mackail - for Nelson - for Stoddard - for There being no further business before the Council, the meeting was adjourned at 10:56 P.M. Respectfully submitted, G~~ . Bill C. Kascavelis Finance Director/Village Clerk BCK:mk Enclosures 4/16/86 Minutes of the Meeting April 8, 1986 Page 16 - C~~l.~ ~~ ~ ~4 ate Approv d t ~ ,~ ill K. G in ~ ~ ,, ~~~~ ~ ~ ~L.zL~~ ~- Edward C. Howell ~ C~~r tj on Mackail ~.,C'~C..[...1. ti~ v Edwin J. N so Carlton D. Stoddard • CARLIN PARK EXPANDED INLET MAINTENANCE '(POSSIBLE) TOTAL STATE Dredge & Fill Costs (350,000 cubic yards) Dune Restoration and Overwalks TOTAL CONSTRUCTION Engineering, Env. Studies, Supervision TOTAL PROJECT COSTS COUNTY $1,625,000 $1,218,750 $ 406,250 779,600 584,700 194,900 $2,404,600 $1,803,450 $ 601,150 300,000 300,000 $2,704,600 $1,803,450 $ 901,150 350.000 C. Y. BORROW ATLANTI C OCEAN AREA ~ / • •~~ EXHIBIT 1-Al LEGEND OF ~ PROPOSED IMPROVEMENTS ' L'D BEACH RESTORATION ' "' DUNE RECONSTRUCTION ( DUNE OVERWALK i WOOD SLAT WALKWAY N.T.S. JUPITER //~~/~ P.B.C. INLET PARK INLET COLONY / ~f // ~ o ~~ O~ JUPITER =o .Q 0 CAR!_IN PARK S.R. A-I-A COASTAL PLANNING & ENGINEERING, INC. JUPITER/JUNG RESTORATION ~~' ~-o ~~~, EXHIBIT 1-Al • i • EXHIBIT 1-B MARION K. TAYLOR • REAL ESTATE, INC. • REALTOR° • P.O. Bcr. 3325 •Tequesta, Florida 33458-3325 384 Tequesta Drive, Gallery Square South •Tequesta, Florida 33458-3031. 305/746-1762 April 4, 1986 •Mr. Scott Ladd. Village of Tequesta, Building Official 357 Tequesta Drive Tequesta, Florida 33469 Hi Mr. Ladd! Thank you for your presence at our April 2, 1986,-Long Range Planning Commission meeting at the Village Hall and for arranging our viewing of the plans and artist's sketches for Tequesta Shops North, N-Tire Partners and Tequesta Center's proposed buildings. Presentations were given to our commission by Mr. Hamilton on Tequesta Center. Afterwards, a number of questions were asked of him and his associate and all were answered to our satisfaction. Mr. Broedell then followed with his presentation on the N-Tire Partners and he, likewise, satisfactorily answered all of our questions. You then • gave your presentation on Tequesta Shops North and you, also, adequately answered all our questions. As you know, Scott, everyone was very pleased with the esthetics of the new buildings for Tequesta, particularly those planned for Highway #1 because of the much needed crispness and color in their respective areas. Our commission would also like to take this opportunity to again register the fact that while we would appreciate your advising us, in detail, about all future buildings planned for Tequesta, we felt that Wednesday's "exercise" was unneeded duplication. We say this in all sincerity, particularly after learning that the C.A.B. had already given approval to the building's plans presented to us. Thanks again, Scott, for your time and enlightenment and we will be looking forward to your subsequent reports, as they will help us in our long range planning. Cordiall ~ ~ ~,_ r ~i ,f ~u7 ~,~ few ~: Gregory A. Demb~TCi ,.,;, ~" _~~ r ,...~ ~-- . Mr. William E. Burckart .s~ ~' ,~ Ms Mary Snow Corr ~:~` ~~' ~ ° :^ Mr. Alfred S. DeMott '~~; Dr. Stanley B. Jacobs v`r' ~ , i ~ rn Mr . H . D . Mantz ~S' .--~ Mrs.-.Eloda Tangney FRANKLIN E FLANNERY ~ CH~Ef OIL POUGE -` ~ •: VILLAGE OF TEC3UESTA ~~ 357 TEQUESTA DRIVE ' . , TE~UESTA, FLORIDA i TELEPHONE MAILING ApDRESS AREA CODE 305 ' ' ri.l 4, 1986 P.O.80X 3273 746-7474 ~ TEOUESTA, FLORIn.4 33458 Tof Mr. Robert Harp -Village Manager. . From: Franklin E . Flannery - Chief of Police Subject: Traffic Survey - Tequesta Drive just west of Riverside Drive at news stand racks. .:. .. .. - ,... .. ,, . _ ~ _ Sir: _ ~ - - ;;. ?: ~ - _ ,. ., _ - L' ' "~ ' From March"~.28th_ through April 4th, 1986, spot checks were ~oon- • ducted ~ to determine. if a hazard exists ~ at the above location . A total of approximately 10 man hours were spent on this survey at .. - - ;, ~ . various times of they day. Starting times ranged from 6:45 A.M. to :.~. 2:30 P.M. and an average of eight (8} cars per hour were observed purchasing papers or depositing mail during early morni„g hours. This figure dropped sharply after 10:00 A.M. and on three occasions only one person used the racks between noon and I2: 30 P.M. On two occasions between,7:00 A.M, and 8:00 A.M. two vehicles were parked to purchase papers and a third vehicle was waiting. their turn. One of the problems noted during the survey concerns the fact that each time a vehicle pulls up, the driver parks across the bicy- cle/gedestri.an path which is a violation of State Statute 316.1945 p (1) (a) 9.` On one occasion during the survey a jogger and a vehicle were at the location at the same time.. It i.s difficult not to park on the bicycle/pedestrian path when purchasing newspapers or using the mail box due to the fact that a vehicle must pull reasonably .. close to the racks in order for the driver's door not to be opened into the street when they exit the car. The second problerri is ve- hicles that are westbound, driving on an angle across the eas"~.bound •' - ~' - -" r: ~F ~ ~ '~ lane in order to get to the. racks. .This happened on one occasion during the survey. It does not appear that an unusually large rnunber of peo~;le use the paper racks and/or the mailbox at tY.is location. For example: on March 31st from 11:00 A.M. to 11:30 A.M. ' 2 vehicles stopped and the drivers deposited mail; no papers were sold. From noon until 12:30 P.M. one newspaper was sold. From 1:10 P.M. to 1:25 P.M. one paper was sold. There is always a potential hazard when vehicles cross aside- walk or bikepath, and this situation is no different. The close proximity of the mailbox and the news racks to Riverside Drive is the third problem. Some individuals who have stopped to purchase papers or use: the mail box feel that they have the right of way over .vehicles that have stopped for the stop sign on Riverside Drive. For exanq~le: A driver enters their vehicle after making or depositixlg mail and proceeds eastbound at the same time that a vehicle is leaving the stop sign headed either north or south on Riverside Drive. Since Riverside Drive is a stop street, the people leaving the bike path have the false impression that since they have no stop sign to comply with, that they are allowed to proceed before a vehicle that has come to a stop at a sign. This is un- derstandably confusing. A fourth problem concerns drivers that pull into the area and subsequently make a U turn to return home. To a point I agree with the administration of the various newspapers when they say that poor drivers are the problem and not the location of their vending boxes. However, unless a person is walking or riding a bicycle it is close to impossible not to vio- late the. law when you pull into this area. TYie consensus of opin- ion among the officers of the department is that the mail box and • • ,; .:: - :.. .i. 316 ".. ... - . ~ .. - .- - -. _; ~ , '' .TE.UNIFORM TRAFFIC CONTROL F.S.198S ~ the hic,,hway opposite a standing vehicle-shall be left for the free passage of other vehicles, and a clear view of the s~oppecr vehicle shall be available from a distance of 200 feet in each direction upon the highway. (2) This : action shall not apply to the driver or owner of any vehic; which is disabled v hile on the paved or main-traveled portion of a highway 'sn such manner and to such Extent that it is impossible to avoid stopping and temporarily leaving the disabled vehicle in such position, or topassenger-carrying buses temporarily parked while loading or discharging passengers, where highway con- ditions render such parking off the paved portion of the highway, hazardous or impractical. (3)(a) Whenever any police officer finds a vehicle standing upon a highway in violation of any of the fore- going provisions of this section, the officer is authorized to move the vehicle, or require the driver or.other per- sons incharge of the vehicle to move the same, to a po- sition off the paved, ormain-traveled part of the highway. (b) Officers are hereby authorized to provide for the removal of any abandoned vehicle to the nearest garage or other place of safety, cost of such removal to be a lien -against motor vehicle, when said abandoned vehicle is found unattended upon a bridge or causeway or in any tunnel, or on`-any public highway in,the following in- stances: 1. Where such vehicle constitutes an obstruction of traffic; _ , 2. Where such vehicle has been parked or stored on the public right~f--way for a period exceeding 48 hours, in other than designated parking areas, and is within 30 feet of the pavement edge; and _ 3. Where an operative vehicle has been parked or stored on the public right-of-way for a period exceeding 10 days, in other than designated parking areas, and is more than 30 feet from the pavement edge: However, the agency removing such vehicle shall be required to report same to the~Depa-tment.of Highway Safety and Motor Vehicles within ~q hours of such removal. (c) Any vehicle moved under the provisions of this chapter which is a stolen vehicle shall not be subject to the provisions hereof unless the moving authority has re- ported to the Florida Highway Patrol the taking into pos- session of the vehicle within 24 hours of the moving of the vehicle. ~ _ Ntatory.-~. t, cn. ~t•tas: a. t, cn. rlas~ s. t, cn. rs.~lt.: -.: _.; __ . Note.--fomro~ A 318.124. - 316.1945 Stopping, standing, or parking prohibittxJf in specified places.- - :. - (1) Except when necessary to avoid conflict with other traffic,'or in compliance with law or the directions of a police officer or official traffic control device, no per- son shall: (a) Stop, stand, or park a vehicle: - ^ ~- 1. On the roadway side of any vehicle stopped or' parked at the edge or curb of a street. - _ - 2. On a sidewalk. _ 3. Within an intersection. - 4. On a crosswalk. - . 5. Between a safety zone and the adjacent curb or within 30 feet of paints on the curb immediately opposite the ends of a safety zone, unless the Department of Transportation indicates a different length by signs or markings. 6. Alongside or opposite any street excavation or obstruction when stopping, standing,.o parking would obstruct traffic. _ 7. Upon any bridge or other elevated structure upon a highway or within a highway tunnel. 8. .On any railroad tracks. 9. , On a bicycle path. 10. At~any place where official traffic control devices prohibit stopping. 11. On the roadway or shoulder of a limited access facility or on the paved portion of a connecting ramp; ex• cept that a vehicle which is disabled or in a cpndition im- proper to be driven as a result of mechanical failure or accident may be parked on such shoulder for a period not to exceed 6 hours. This provision is. not applicable to a person stopping a vehicle to render aid fo an injured person or assistance to a dsabled vehicle in obedience to the directions of a law enforcement officer or to a per- son stopping a vehicle in compliance with applicable traffic laws.. - - _ " 12. For the purpose of loading or unloading spas- .' senger on the paved roadway or shoulder of a limited ac- `cess facility or on the paved portion of any connecting -ramp. This provision is not applicable to a person stop- ping a vehicle to render aid to an injured person or as- sistance to a disabled vehicle. •. - (b) Stand or park a vehicle, whether occupied or not, except momentarily to pick up or discharge a passenger . or passengers: 1. In front of a public or private driveway. 2. Within 15 feet of a fire hydrant. 3. Within 20 feet of a crosswalk at an intersection. . 4. Within 30 feet upon the approach to any flashing signal, stop sign, or traffic control signal located at the side of a roadway. .. 5. Within 20 #eet of the driveway entrance io any fire station and on the side of a street opposite the entrance to any fire station within 75 feet of such entrance (when property signposted). - 6. On an exclusive bicycle lane.. 7. At any place where official traffic control devices prohibit standing. (c) Park a vehicle, whether occupied or not, except temporarily for the purpose of, and while actually en- gaged in, loading or unloading merchandise or passen- gers: • . 1. Within 50 feet of the nearest rail of a railroad crossing unless the Department of Transportation es- tablishes adifferent distance. due io unusual circum- stances. . Z. At any place where official signs prohibit parking. (2) No person steal{ move a vehicle not lawfully under his control into any such prohibited area ar away from a curb such a distance as is unlawful. (3) A law enforcement officer or parking enforce- ment speciatistwho discovers a vehicle parked in viola- . lion of this section or a municipal or county ordinance may: (a) Issue a ticket form as may be used by a political subdivision or municipality to the driver; or :28 315.195 tai agenci (1) Ea ing jurisdi operated bar of sp parking. s dement (2) Th spaces (a) O which ho vision, inc and court on the pr (b) O ing spa (c) F cilities int graph (a persons Total . ~ EXHIBIT 2-le i. i• ~I>=.'~ i0 R.~~i DUP~t T0: Village Council FROM: Community Appearance Bu:~rd DATE. April 8, 1986 Our Community Appearance Board ~cas surprised and shocked to hear that our Secretary, b1s. Colbert, `aas summarily fired after many years of service and no evidence (stated) that her work was unsatisfactory, We wish to protest this action for the "shabby" manner in which it was taken, and that it was allegedly based on an obviously out-of-date organizational analysis. As Secretary of the Community Appearance Board, Ms. Colbert's participation was invaluable because of her expertise in Village matters and the Sunshine Law, Based upon our contact with her, it is apparent that she is an effective professional. It is difficult to believe that hers was not a full-time job. As concerned citizens, we believe that our Village government should develop an enlightened system for handling employee relations, including job descriptions and regular performance reviews. These and other generally accepted techniques should keep employees and management aware of any emerging efficiency or organizational problems and prevent a recurrence of such an abrupt dismissal. We urge that the new administration conduct a thorough review of Ms. Colbert's situation. '~ ~ ,yam. Leslie A. Cook Chairman Community Appearance Board LAC/mk • EXHIBIT 5-le Statement by Carlton D. Stoddard, Mayor of Tequesta -- r~ LJ By majority vote March 25, 1986, the Tequesta Village Council combined the offices of Finance Director and Village Clerk in the interest of cost-efficiency and smooth coordination of village staff operations. The separate office of Village Clerk was eliminated. A study of village finance operations revealed that, among many factors considered, our computer system has become so efficient, saving so many staff hours, that. the finance director can now assume the added duties of village clerk. No advance knowledge of the Council's action combining the offices could have been conveyed to the village clerk because none of the Council members knew in advance what action would be taken. Any preliminary non-public meeting of Council-members to consider the proposal would have been a violation of the state Sunshine law. No preliminary public meeting of the new Council could have been held prior to March 25, because the new Council members could not be sworn in until that day. Rules of the village charter govern this. No meeting could be held before the fourth Tuesday in March following the election. • Until the motion to combine the offices was presented at the Council meeting March 25, and it was adopted by majority vote, the Council itself could not have known what action would be taken. Any advance message to the village clerk by a council member would have pre-empted and violated the right of both new and incumbent Council members to make their own independent decision after discussion at the public meeting. March 25 was the proper date for Council consideration of the motion to combine the offices. The village charter assigns to the Council the responsibility for annual appointments of the village manager, the village clerk, and department heads at this first meeting of the new Council after the election. Certainly it would have been desirable to counsel with the village clerk privately in advance about the elimination of her job, but constraints of the law prevented it. No Council member could do so without authorization by majority vote of the Council at a public meeting. Unlike private business, all village Council voted actions are confined to public meetings. It was a good thing that the village clerk was present at the March 25 meeting when Council action j,ras taken. She • and all other citizens who asked to speak were given every -2- opportunity to be Yieard- Some have asked, why wasn't tre possibility of combining the offices of finance director and village clerk initiated at budget time last year? T.he answer is -- Budget time is not the date set by the Village charter for annual appointment of staff officers. At budget drafting time nearly a year ago, our computer system had not yet been perfected to the point where the offices of finance director and village clerk could readily be combined. Nor was it realized at budget time last summer how severely costs would escalate in 1985-86 and the years ahead. As with other municipalities throughout the nation, Tequesta is confronted with hard facts in budgeting to deal with loss of federal revenue and other constraints. Costs of local government are steeply escalating. Unnecessary staff expense must be eliminated. Other equally hard decisions may well be necessary for local governments to meet the coming cost squeeze. The federal Gramm-Rudman Act sends advance notice of what is coming. The Tequesta Council majority acted conscientiously in combining the offices of finance director and village . clerk. Eliminating the separate office of village clerk will save a substantial sum annually in salary and fringe benefits. This fiscal year's budget for the village clerk was.:$27',950. The Council directed the village manager to be generous in allocating several months severance pay for the village clerk. Tequesta thanks her for 12 years of service, and wishes her well in finding new employment. • i ~ T0: FRO,`.: \, r. MEMORANDUM 1 Councilmfmbers Village Manager SUBJECT: VILLAGE CLERK DATE: April 8, 1986 /~ EXHIBIT 5-3e After much thought and consideration follo4ving the March 25, 1985 Council Meeting at which the full time position of Village Clerk was eliminateds thus resulting in the termination. of Cyrese Colbert, I believe it would be appro- priate for you to reconsider the action taken. As I stated at the meeting, it would seem to be quite appropriate at this time for the new Village Manager to evaluate the activities of alI personnel and determine any changes in the organization that might lead to cost savings for the Village. As you are aware, there has been a great increase in the scope and intensity of all Village acti~rities since the 1979 analysis and i.t would no longer be applicable. I do not feel that there are any part time Village personnel being paid • on a full time basis and no indications of this were ever made or alluded to in prior years budgeting sessions either by myself or Cauncilmembers. ~ As you know, Cyrese has been an employee of the Village of Tequesta since August !9, 1974, Village Clerk since December 1, 1974, and to me has been a faith- ful, professional Village employee and fully dedicated to the Village of Tequesta, always acting with the best interests of the Village in mind. As you are aware, this position requires the attendance after regular working hours at .Council Meetings, Special Council Meetings and Workshop Meetings. Cyrese was involved in many meetings and many hours during the Village Council's process of selecting the new Village Manager. Cyrese continually attended meetings, conferences and seminars to increase her ability as a b4unicipal Clerk so that she could better serve the Village, The events and activities that took place at the March 25, 1986 Council Meeting were overwhelming and I apologize to you, to Cyrese and to all the residents of Tequesta for not taking a stronger position .at the meeting.. Robert Harp RH:mk • MEMORANDUM T0: Counci:.~~nembers Village Attorney Village Clerk FROM: Village Manager SUBJECT: PROPOSED JUPITER/JUNG BEACH RESTORATION PROJECT DATE: April 16, 1986 EXHIBIT 1-A1 You will recall the presentation made by Robert W. Clinger, Palm Beach County, Beach Erosion Control Coordinator, at the April 8, 1986 Council Meeting pertaining to the referenced project. In a hand-out explaining the project, copy enclosed, the pro- posed improvements include Beach Restoration, Dune Construction, Dune Overwalk construction and Wood Slat walkway construction, with an esti- mated total cost of $2,704,600 of which $2,404,600 is construction costs and $300,000 is for engineering, environmental studies, supervision, etc. Clinger said the County expects to receive $1,803,450 from the state with the balance of $901,150 to be paid by the County. Clinger said he is looking to the North County Municipalities to support this project. Such support could be in letter form to County Commissioner Chair Marcus. The Village Council's consideration of support of this project will be an agenda item for the April 22, 1986 Council Meeting. Robert Harp RH:mk Encl. i