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HomeMy WebLinkAboutDocumentation_Regular_Tab 05_01/11/007 MINUTES VILLAGE OF TEQUESTA REGULAR VILLAGE COUNCIL MEETING THURSDAY, DECEMBER 14, 2006 I. CALL TO ORDER AND ROLL CALL The meeting was called to order by Mayor Jim Humpage at 7:06 p.m. A roll call was taken by Recording Secretary Sharifa Tharpe. Present were: Mayor Jim Humpage, Vice Mayor Tom Paterno, Council Member Geraldine A. Genco, and Council Member Pat Watkins. Also in attendance were: Village Manager Michael R. Couzzo, Jr., Village Attorney Scott Hawkins, Recording Secretary Sharifa Tharpe, and Department Heads. II. INVOCATION AND PLEDGE OF ALLEGIANCE Mayor Humpage gave the invocation and led in the pledge of allegiance to the flag. • III. APPROVAL OF AGENDA MOTION: Council Member Watkins moved to approve the agenda as amended; seconded by Vice Mayor Paterno. Mayor Humpage stated Item 17 was removed from the Agenda. Council Member Watkins added an Agenda Item regarding the Village Hall Memorial under Any Other Matters and pulled Item 4 from the Consent Agenda for correction. Council Member Genco pulled Item 2 from the Consent Agenda for correction and asked why Item 17 was removed from the Agenda, to which Village Manager Couzzo explained they did not have to do the transfer because the revenues from the building permits were exceeding their expectations. Motion passed 4-0. IV. STANDING REPORTS VILLAGE ATTORNEY -Attorney Scott Hawkins stated he had some Agenda Items he would like to address but other than that everything was fine. Mayor Humpage asked what it was. Attorney Hawkins stated it was under Tab 18. VILLAGE MANAGER • Minutes -Village Council Regulaz Meeting 12/14/06 Page 2 • Village Manager Couzzo thanked the public and staff for all they did in the past year in making the completion of the Village Hall. possible. V. CONSENT AGENDA MOTION.' Council Member Watkins made a motion to approve the Consent Agenda as amended with items 2 and 4 being removed. Vice Mayor Paterno seconded the motion, which carried by unanimous 4-0 vote. Therefore the following items were approved on the Consent Agenda: Village Council Executive Session (Closed Door) Meeting Minutes October 26, 2006. 5. Planning and Zoning Advisory Boazd Meeting Minutes October 5, 2006 6. Public Safety Officers Pension Board Meeting Minutes August 7, 2006. 7. General Employees Pension Board Meeting Minutes August 7, 2006. 8. Special Master Hearing Minutes September 11, 2006. END OF CONSENT AGENDA ITEMS REMOVED FROM THE CONSENT AGENDA • 2. Village Council Re ulaz Meetin Minutes November 9, 2006. g g Council Member Genco referred to Page 3, paragraph 2, and stated "from the Pension Board" should be placed after the word "resigning" and the word "and." MOTION: Council Member Watkins moved to approve Item 2, November 9, 2006 Village Council Regular Meeting Minutes as amended; Council Member Genco seconded the motion; motion passed 4-0. 4. Village Council Special Meeting Minutes October 26, 2006. Council Member Watkins referred to the motion for Item 2 on Page 13, and pointed out the vote stated "motion passed 4-0" when the vote was " 3-0" because Council Member Genco had left. She also pointed out the motion under "Adjournment" was not "4-0" but " 3-0." Vice Mayor Paterno referred to page 10, pazagraph 3, in the Sa' line and pointed out the "1st and 2nd' year should be "2nd and 3rd year. MOTION: Council Member Watkins moved to approve Agenda Item 4, the October 26, 2006 Village Council Special Meeting Minutes as amended,• Vice Mayor Paterno seconded the motion; motion passed 4-0. 2 Minutes -Village Council Regulaz Meeting 12/14/06 Page 3 • VL COMMUNICATIONS FROM CITIZENS - Harold Taylor, 13 Chapel Court, stated he would like to address two issues. He stated he was walking his dog in Tequesta Park and stated they were doing some work. He pointed out Jupiter Hills was building a path and Wednesday morning they had a crew doing some work on the path. He stated he did not know who would be maintaining that path, but the way they were building it would make it a high maintenance path. He described they put mulch with grass over the top and in some places the grass was already taller than the mulch; he pointed out unless someone maintained it regularly, no one would recognize it. He commented it was beautiful but that was not the way a path was built. He suggested the Village discuss it with Jupiter Hills. Mr. Taylor pointed out about 6 years ago, when they used to have the Council meetings at the Recreation Center, the Village was trying to decide where the Village Hall should be built. He advised that an English consultant commented one of the problems was there was a lot of bickering among Council and staff, which gave people bad impressions. He suggested now Council and staff were in the new building, they be a little more civil towazds each other. He stated it would make people more confident that Village could get the job done and tasks would be done much quicker. Mayor Humpage thanked Mr. Taylor for his comments and pointed out last Council meeting Mr. Taylor brought up the Jupiter Hills issue. He stated he spoke with Jupiter • Hills and the holes were filled. He stated he would have to check with the Clerk's Office about the Jupiter Hills. He stated Jupiter Hills volunteered to work on the path and pointed out the path was what it was before and it was not construction of a new path, but they were just trying to make the Village path look better. Mayor Humpage stated he would go there to look at what was being done. Mr. Russell Von Frank, 489 Dover Road, wrote a message on the comment cazd which exclaimed Ho Ho Ho! and wished a Merry Christmas to all. VII. COMMUNICATIONS FROM COUNCIL VICE MAYOR PATERNO Vice Mayor Paterno thanked Mrs. Campbell, who organized the brunch. He thanked Mr. Mike Salerno who had the whole day parade. He commented it was bigger than it has been in the past and thanked everyone who made it possible. He thanked staff who worked the weekend to ensure everything went smoothly in the Village Hall. Vice Mayor Paterno thanked everyone and wished them Happy Holidays. COUNCIL MEMBER GENCO Council Member Genco commented she never thought the day would come when they would be in the new Village Hall. She stated the acoustics were wonderful and it was a pleasure to see something they had worked for years come true; and it was a • 3 Minutes -Village Council Regular Meeting 12/14/06 Page 4 • pleasure to be the first council seated to use it. She thanked everyone who was involved and expressed hope for a Happy Holiday and a safe and happy new year. COUNCIL MEMBER WATKINS Council Member Watkins thanked everyone who came to the Grand Opening and commented they were appreciative of the support from the community and staff. She wished everyone good holidays, good health and the best for 2007. MAYOR HUMPAGE Mayor Humpage wished everyone Happy Holidays, Merry Christmas, Happy Hanukkah. He commented everyone was trying to be politically correct. Mayor Humpage announced it was Council Member Genco's birthday and wished Council Member Genco a happy birthday, and announced she had become engaged. He called for a recess for everyone to enjoy the birthday cake. The meeting was recessed at 7:20 p.m. and reconvened at 7:30 pm. VIII. DEVELOPMENT MATTERS 9. RESOLUTION NO. 21-06/07 - A Resolution of the Village Council of the Village of • Tequesta, Florida, approving a minor site plan revision for Casa Del Sol, creating connectivity between adjacent properties. Attorney Hawkins swore in all those who intended to offer testimony on this matter. Ex-parte Communication: Attorney Hawkins asked Council if they had communicated with any of the applicants. Each Council Member stated they had only spoken to Community Development Director Catherine Hazding regarding this matter. Community Development Director Catherine Harding explained this change was a minor site plan change and the function of the change was to create connectivity between the County Line Plaza and Casa Del Sol. She specified the original plan handed out a few weeks ago was not clear, and she had given Council a highlighted plan showing the two azeas in question. She pointed out one change was they had removed a side walk leading to structure 1 and added an 8-foot gap that would be controlled by the homeowners that would lead across the Atlantis property into County Line Plaza. She stated what they were hoping was they could use golf carts and bicycles to come from Casa Del Sol into the shopping center without getting into their cazs and possibly driving somewhere else. She explained it would increase business and create connectivity and acommunity-like feeling on that property.. She pointed out the real issue was to get residents to be able to travel onto the property so they could get their shopping done. Ms. Harding stated the secondary issue was the wall that was created between the commercial property and the • residential property, because there was no parking at the back of the building and it was 4 Minutes -Village Council Regular Meeting 12/14/06 Page 5 • not a good idea to have a blind spot at the back of the building with a stairway up to the residential areas. She advised that it seemed like a better idea to get them into a more functional area and indicated that was what the Village did. She stated m fact, the sidewalk and the connection down were never created. Council Member Genco asked if they built a concrete wall at the back of the commercial property. Ms. Harding stated yes, and explained it was a retaining wall. Council Member Genco stated she did not realize it would have height to it and thought it would just be more landscaping. Ms. Harding stated it would be at least 6 feet. Council Member Watkins commented she liked the idea of helping the residents to get to the shopping center. She commented she felt it created a blind spot allowing anyone to get into the residential area, therefore, cutting that part off would be a good idea. Council Member Genco asked if it would be gated. Ms. Hazding stated no, and explained gated communities were not allowed in the Village of Tequesta. Council Member Genco asked if there would be a electronic gate or fence. Vice Mayor Paterno asked if to the south next to Atlantis the gate would be locked. Ms. Harding stated it would be locked and access would be to the occupants only. Vice Mayor Paterno pointed out it was a nuisance. Ms. Hazding stated yes, it would be overseen by the officers and that was because there was concern anyone could walk through the property and they did not want that to happen. Ms. Harding advised the applicant would cooperate and their only concern was insurance claims. Mayor Humpage stated he liked the idea that anyone from those residential areas could just walk to the plaza for business purposes instead of having to drive their cars out to US S One, and it would cut down on traffic. Mayor Humpage also referred to the plans Council was looking at and stated at other Council meetings, anything Council was looking at would be shown on the screens in the Council Chambers so that attendees could also see them. MOTION: Council Member Watkins moved to approve RESOLUTION 21-06/07; Council Member Genco seconded the motion; motion passed 4-0. 10. RESOLUTION 22-06/07 - A Resolution of the Village Council of the Village of Tequesta, Florida, approving the Final Plat Plan for The Preserve of Tequesta, formerly known as The Crossings. Attorney Hawkins swore in all those intending to testify in this matter. Ex-pane Communication: Ms. Harding handed out a map to Council and stated the changes were highlighted. A resident asked where The Crossings was located. Mayor Humpage stated this was the new Lineaz Park on Village Boulevard that sat on the North side of the boulevard. Catherine Harding pointed out the highlighted text change on the front page and on the second page. She specified Parcel 2 was where the highlighted tracts were part of the master condominium. • 5 Minutes -Village Council Regular Meeting 12/14/06 Page 6 • Ms. Harding stated Attorney Scott McMullen, representing the applicant, would explain what that change was on behalf of Cornerstone. Mr. McMullen stated the text change would clarify the rights of the property owners in the condominium parcels on the north side of the property. He referred to a discussion previously where Council made sure everyone had the right to access the roadways to the South and the West. He explained this particular provision now says the tracts J,K,L,M were specifically reserved each of the condo pazcels for utilities, private access, drainage and the roads were the maintenance responsibility of the Master Association and for other purposes. Ms. Harding pointed out another change on page 9. She stated in the declaration of restrictions, the pickup trucks were stated as allowable on the site. She indicated the change was they removed the word "pick up truck" and added, for example, SUV as defined by the Village of Tequesta; and that was the change in the two documents that Community Development requested. Council Member Genco asked if it was going to be similar to R1 and R1 A. Ms. Harding explained the difference between R1 and R1A was vehicles could be exposed to the road in Rl and pickup trucks had to be screened from the road in R1A. Ms. Harding explained in this case they had an open parking lot so there was no way to do either. She explained Community Development was requesting pickup tucks not be allowed. Council Member Genco stated she thought they had gazages. Ms. Harding specified the town homes had garages and if they wanted to pazk the pickup trucks in the garages that would be permitted, but the pickup trucks could not be pazked on the road or . visible on the property. Council Member Genco stated she understood that applied to the condo, and asked if it would apply to the entire community. Attorney McMullen stated it would be for the North and the South side and entire Western parcel. Council Member Genco stated it would apply to the town house and not the condominium section. He stated it would apply to both the condominiums and the town homes. Mayor Humpage stated if a resident lived in a condominium they could not own a pickup truck. Council Member Genco stated Council had to really consider this because the biggest area of code enforcement was pickup trucks in the Country Club and it could start an issue in another area. Ms. Harding stated the change would disallow pickup trucks on the site. Council Member Watkins stated pickup trucks were allowed on the site and they would no longer be allowed. Council Member Genco asked if the condominium association would be responsible to have the pickup trucks moved. Ms. Harding stated in the original document it allowed pickup trucks to be there and the change was they were disallowing pickup trucks. Council Member Genco stated that was what she was saying and R1A did not allow pickup trucks. Mayor Humpage stated they were making it the same as R1A. Council member Genco pointed out enforcing the R1A was expensive for the Village because it was not the same as other azeas where pickup tucks were allowed. Attorney McMullen explained the change was related to the declaration of the condominium and would not affect the Village's Ordinances. Council Member Genco stated she did not • want it to. She stated they would not change the zoning on it. 6 Minutes -Village Council Regular Meeting 12/14/06 Page 7 • Ms. Harding stated the current zoning would remain as it was, and explained that in the sales and marketing of the condominiums, the sales representatives had a document which stated residents were allowed to have pickup trucks and the Village was asking them not to put that they were allowed to have pickup trucks because if they did there would be all sorts of code violations that the Village would have a difficult time dealing with. Council member Genco stated the Village would not deal with it. Ms. Harding stated they would not because it would not be allowed in the first place. Council Member Genco stated the Village would not be changing the zoning, so the Village would not be enforcing it. She pointed out the Homeowners Association would enforce it. Council Member Genco specified staff would not be doing Code Enforcement on this. Attorney McMullen stated that was right, but the Village staff was concerned that the documents were inconsistent with the Village's Code of Ordinances and the development's documents permitted pickup trucks while the Code of Ordinances did not permit pickup trucks. Council Member Genco stated the Code of Ordinances did allow it in other zones and specified it was only in the Tequesta Country Club azea that residents could not have pickup trucks. Ms. Harding stated they are allowed but they are required to be screened. Council Member Genco stated in the Tequesta Country Club area they had an enforcement problem because people parked pick up trucks there. • Council Member Genco asked Ms. Hazding if she was correct. Ms. Hazding stated yes. Council Member Genco stated they did not have enforcement problems on that side of the river because people were allowed to have pickup trucks. Ms. Hazding stated yes. Council Member Genco stated she did not want any changes in the zoning to reflect on the zoning code on this side of the river which would change the zoning to the same as the Country Club. Ms. Hazding stated no, they would just be taking it out of their covenants. Council Member Genco asked if they would be sending a Police Officer or a Code Enforcement Officer to enforce this. Ms. Harding stated no, the Condominium Association would enforce it. Mayor Humpage stated the association would fine the owners or tow the vehicle. Council Member Genco stated she wanted to clarify it because she did not want the taxpayers enforcing Homeowners Association rules. Ms. Harding stated the zoning ordinance stated any residential azea must abide by the regulations of the residential azea. She explained that meant this new residential area would fall under that type of enforcement. Ms. Harding stated if there was a pickup truck that was not screened, it would be improper. Council Member Genco stated the Village had to be clear on that, but they would not be enforcing it. She stated what ever they did legally, the Village did not want to be enforcing private Home Owners' Association rules. Attorney McMullen stated the intent was not to ask for that. Council Member Genco stated Ms. Hazding was telling her the Village would be enforcing it and she did not want the Village to enforce it. Mayor Humpage stated he did not think that was what Ms. Harding was trying to say. • 7 Minutes -Village Council Regular Meeting 12/] 4/06 Page 8 • Council Member Genco stated Ms. Harding was saying if they adopted it, they would have to enforce it. Mayor Humpage stated he did not want to do that either. He stated they posted any restrictions and if it was in violation the Home Owners' Association would deal with it. Council Member Genco stated the Village did not want the enforcement, they did not want the load on the staff, nor the phone calls, nor for it to arise at a Special Master hearing, nor to have Police Officers deal with it. She stated she was hearing from Ms. Harding that if they adopted it, they would enforce it and Ms. Harding was head of Code Enforcement. Mayor Humpage asked Ms. Harding if a resident had a pickup truck and someone called in a complaint, if the Village would send a Code Enforcement Officer. Ms. Harding stated they would contact the Home Owners' Association and have them enforce their own violations. Mayor Humpage asked if they had to do this. Mayor Humpage asked Attorney Hawkins if this was the Village's job or the Home Owners' Association. Council Member Genco stated if they had R1 zoning which allowed pickup trucks and this property was in R1 and it did not allow pickup trucks, the Village would not get the calls concerning this, nor would they send anyone, the Village would say the caller had the wrong number and should contact the Home Owners' Association. Ms. Harding stated this was not Rl zoning and specified it was a special Development approval for Mixed Use. Mayor Humpage asked if they had a code that said someone could not park their pickup truck in mixed use. Ms. Harding stated no. Mayor Humpage asked if this would be something the developer had to deal with. • Attorney Hawkins stated it clearly was. Vice Mayor Paterno stated it put the Village at a risk and suggested they leave it as it was. Attorney McMullen stated they had to put it in their documents in order to enforce their documents. Mayor Humpage stated they could put it in their documents but that did not mean the Village had to enforce it. Vice Mayor Paterno stated yes, but Council had to approve the documents. Council Member Genco referred to the mixed use and asked if they were changing the zoning from mixed use to residential zoning and in this case would they logically change it to residential Rl . Attorney Hawkins stated he did not believe that was the change. Council Member Genco suggested they change it from Mixed Use to R1. She stated that would resolve the issue and the Home Owners' Association could do what ever they wanted. Attorney Hawkins stated they could do that, but he did not think it was necessary. Council Member Genco explained Mixed Use enabled the Village to zone a number of things from Commercial to Residential. Attorney Hawkins stated if it was the Council's will to have it rezoned, they could have it rezoned. Mayor Humpage asked if they approved the documents and pickup trucks were removed, would it be the Village's responsibility to enforce it. Mayor Humpage pointed out the Code of Ordinances did not stipulate whether pickup trucks were allowed. Mayor Humpage stated in Mixed Use they could still have pickup trucks, or in R1 if they choose to have it as part of their documents, Council could approve the documents but the Village did not enforce it. Council Member Genco asked Ms. Harding if they would receive any phone calls, or would they be ticketing the • residents at all. Mayor Humpage stated he did not see how the Village could cite the Minutes -Village Council Regular Meeting 12/14/06 Page 9 • residents. Ms. Harding stated traditionally they would go into parking lots, condominium developments and look for pickup trucks. Vice Mayor Paterno asked how they could write them up. Council Member Genco stated she wanted to be clear on it. Attorney Hawkins stated they would have to call the Home Owners' Association. Ms. Harding stated it was up to them to maintain the property. Vice Mayor Paterno asked if they approved this final site plan, if it would give the Developer the ability to parcel out the Development. Attorney McMullen stated that was correct. Vice Mayor Paterno stated he also remembered when they agreed on the development, Mr. Gerald Valent of Cornerstone was questioned and he assured Council that the first building they would work on was the existing three story building before anything else was done. Vice Mayor Paterno pointed out under that plan, Cornerstone was backing out of that agreement. Vice Mayor Paterno asked if that was correct. Attorney McMullen stated no, actually the southern side had been sold. He specified Cornerstone had a new buyer for the south side. Vice Mayor Paterno asked if there was any guarantee Council could hold them to their word since the last time they were there. Mr. Gerald Valent of Cornerstone, stated he had been out 4 months and back about 3 weeks, so he had a little catching up to do. He referred to the April. 13, 2005 Regular Village Council minutes on page 27 and quoted, "Council Member Resnik questioned the phasing plan of the project. Mr. Valent indicated that the first building they would be working on would be the existing three story building." • Mr. Valent stated the had been workin with the on final arch' y g g rtects and had them working on the interior design of the three story building. He explained they also had a different architect working on the town homes at the same time. He explained the town homes had four different building types and three different unit types; and there was a complete revamping of the whole interior including plumbing, electrical, and all the air conditioning of the three story complex. Mr. Valent stated it took a while to get those plans finished because it was more complex to rehabilitate a building that had existing main plumbing, air conditioning, and sprinkler system because they had to go in to see what they could reuse and what they could not reuse or hook up. He stated it was the beginning of last year or this year that they completed the plans and they were trying to get some bids on it; which also took a while. He stated Cornerstone put it out for bid at $400 million and with competition they were able to settle for $235 to $240 a foot, but unfortunately the bids were coming in at $200 a foot and obviously the numbers did not work out. He stated in the meanwhile they had started the underground, which went completely through and then began to pull permits on some of the town home units and were progressing there. He explained they went back and revamped the three-story building and they still came back with prices that were sky high. Mr. Valent stated it was not ill intent when he stated at the last meeting they would work • on that existing building first. He stated that was their intent and they felt they could get it 9 Minutes -Village Council Regulaz Meeting 12/14/06 Page 10 • done. He stated obviously Cornerstone Inc. had a lot of experience in building but they did not get the hang of renovating this new building in this type of situation. He stated in the meanwhile they had a lot of calls on the town homes and were taking names for the town homes and the three-story building. Mr. Valent explained when they were having problems with the three story building, they did not want to stop because of that, so they went ahead and began marketing the town homes because everything was pretty much finished there and they were at a stage with Ms. Harding where they could pull permits and they received quite few deposits on those homes. He stated what happened there was it drifted into late spring and they tried to convert those contracts but the market started to crack. Council Member Genco asked if they wanted to sell the three story site. Mr. Valent stated no, the point was they had a group who specialized in converting buildings. He explained they came up and said they could do it. He stated they spoke to Ms. Hazding and they were not buying to flip it but to go in and work on the building. Council Member Genco stated the big issue on the entire site was the three story building which has been an eye sore for almost three years now because the developer did not complete it and it has been falling apart. Council Member Genco stated bottom line she was more interested in seeing that building finished than the town houses. She asked what if the Village did not issue any • CO's for the town homes until CO's were issued for the three story building. Mr. Valent stated he could not tell Council yes because they had a construction loan on the portion of the town houses which was $6.5 million dollazs. Vice Mayor Paterno asked if it had been sold. Mr. Valent stated it was under contract. Council Member Watkins stated the bottom line was they wanted to see the property developed and she would be hesitant to do anything that would hold them up because it would just mean more years that the building would be just standing there. She commented she knew Council wanted it redone nicely and in a perfect world that building would be first but there was interest in the town homes. She thought it would not behoove the town to stop one project to get the other done. The goal would be to get them both done. Attorney McMullen explained by approving the plat, it would allow them to have separate pazcels which would enable the buyer to begin the construction. Vice Mayor Paterno pointed out it could end up with the same scenario, where the town houses were built to the north, and they sold the other parcels to other developers. Mr. Valent stated no, they had a construction loan. Vice Mayor Paterno stated once the plat was finalized, it may not get done. Mr. Valent stated he could not guarantee anything that remains on the building would be done. Council Member Genco referred to parcel s which was the three story building and asked Ms. Harding if they issued CO's to individual condominiums or the entire building at the same time. Ms. Harding stated they would have to CO the building shell as being safe and habitable and then individual units one at a tune. Council Member Genco asked if • they had eight parcels on the north side and suggested they allow 4 parcels to be 10 Minutes -Village Council Regular Meeting 12/14/06 Page 11 • developed and given CO's, and then the Village would not allow the other 4 parcels to be issued CO's until the shell of the building was issued a CO as being safe and habitable. Mr. Valent commented he did not know how a shell could be issued a CO. Council Member Watkins stated she did not think the prospective buyers would buy the building and not complete it. Mr. Valent commented they would not flip it because they were not in the mazket to flip it, they were buying it based on a bank loan to finish the building. Council Member Watkins asked if these prospective buyers were in the business of renovating and if they knew what they were getting into. Mr. Valent stated they knew what they were getting into. He stated they spoke to Ms. Harding and Cornerstone already had all the underground in, they would be doing the master landscape, and their responsibility would be to work on the vertical portion of the building. He explained they were doing all of the outside. He explained they worked on plumbing, utilities, drainage and everything was in. Council Member Genco asked if the prospective buyers would be changing the floor plans. Mr. Valent stated they would be changing it from the one Cornerstone Inc. did, because they took one story and put 14 town homes. He stated he did not think it was compatible with a building like that. Council Member Genco stated they did a lot of things to encourage the completion of the building. Mr. Valent stated he understood that. Vice Mayor Paterno suggested they do something to ensure the building was completed. Vice Mayor Paterno asked Attorney Hawkins if they could post bond and in the case the • building was not done in a certain period of time, the Village could level the building or do something with it. Attorney Hawkins stated it was unusual but he was awaze of it being done. Mr. Valent stated there was no way, Cornerstone as a none owner, could purchase a bond to ensure the owners would complete that building. Vice Mayor Paterno stated Council just wanted to see that building complete and they had confidence that the building would be complete because they thought Cornerstone was experienced. Vice Mayor Paterno pointed out Council did not know anything about the prospective buyers. He stated he knew they spoke to Ms. Harding and that they would like to change a few things and they could be getting stuck. Mr. Valent explained the prospective buyers did not want to put in more units but they wanted to take out the town homes, utilize the one story space, and configure units there. Vice Mayor Paterno stated once they bought it, they might come back for other changes other than what Cornerstone said. Attorney McMullen explained what Mr. Valent was trying to say was his client, Cornerstone, did not have the expertise for rehabbing and has done 25,000 new units but came to the conclusion they are unable to do the rehabilitation. He stated Cornerstone has found someone who can do that rehabilitation and approving that plat would allow them to do that. Council Member Genco asked what he suggested because he seemed to have more expertise. She commented the main goal was to get that building finished. Mayor Humpage commented that building has been a white elephant for years and he was hoping it would become a pink elephant but at the same time he did not want to stop them from what they were doing. He asked if the building was structurally sound. Mr. Valent stated yes. They had engineers in there and the roof had to be resurfaced. Attorney • McMullen stated they would. be obligated to close. Vice Mayor Paterno asked if the 11 Minutes -Village Council Regular Meeting 12/14/06 Page 12 • prospective buyer was at the meeting. Mr. Valent stated no, because he did not know that question was going to arise. He stated he did not hear about it until he was driving up. Council Member Watkins asked Ms. Harding if when she spoke to the prospective buyers, if they seemed to have any intent not to finish the building. Ms. Hazding stated it seemed they had the intent. She stated they were going to come in January with a site plan proposal. Vice Mayor Paterno suggested in that case they table the item until the January Council meeting when the prospective buyers would be able to be present. Council Member Genco asked why this was not brought up to them with the approval of the other issue because she felt that was a very material fact. She commented this was more important than the other little thing they looked at regarding roads. Ms. Harding stated there was no guazantee the prospective buyers or anyone coming in would be buying pazcels and doing anything with it. She stated that would be up for discussion. She specified when there was a hard contract, then the Village would have to look at it .She specified as long as there was no contract, there was no looking at it. Council Member Genco stated he had a contract because he had a retainer. Ms. Hazding stated the contract was not good until the plat was approved. Mayor Humpage verified it was contingent to Council's approval. Council Member Genco commented she felt that was important. Vice Mayor Paterno made a motion to table the item until January, Council Member Genco seconded the motion. Council Member Watkins asked if there • was a discussion to table the item. MOTION: Vice Mayor Paterno moved to table Agenda item 10 until January. Council Member Genco seconded the motion. Motion passed 3-1 with Council member Watkins opposed. Attorney McMullen pointed out this would cause more delays. Mayor Humpage stated he was not trying to stop Cornerstone, but they needed to have it resolved. Mr. Valent stated he understood. Council Member Genco suggested they work on a binding contract with the prospective buyers. Mr. Valent stated they would work on it. Council Member Genco thanked Vice Mayor Paterno for pointing that out. IX. NEW BUSINESS 11. Discussion and Possible Action by Village Council regarding reconsideration of available options in relation to filling the current Council vacancy. Mayor Humpage explained since the passing of Mr. Edward D. Resnik, this Council opted to keep the seat vacant until the election in March, and at that time Mr. Basil Dalack was successful in gaining the seat because no one else ran. He stated this became an issue the Village had been facing for quite some time and the Village was successful in court. He stated Mr. Dalack was appealing that decision at the 11 ~' Circuit Court of Appeals. Mayor Humpage stated they thought it would be an expeditious review but it did not turn out to be as expeditious as they thought. • 12 Minutes -Village Council Regular Meeting 12/14/06 Page 13 • Mayor Humpage stated that Attorney Ed Guedes, who was representing the Village in the litigation, would give more information. Mayor Humpage commented he thought the Council found it difficult in finding a decision and sometimes they had to read each other's thought to try to come to decisions related to Village business. He stated they tried to serve the residents well and tried to do it appropriately. He commented he spoke to Mr. Guedes and he spoke of the options they had, but he was guarded and tried to do as much research as he could. Mayor Humpage stated tonight they would discuss the possibility of placing Mr. Dalack's seat on the ballot for the 2007 election. He explained the reason was because the election would be taking place. He stated he was sure his colleagues had other things to bring out on the issue, and he would turn it over to his colleagues and Attorney Ed Guedes, who was representing them in the lawsuit. Mr. Guedes stated he wanted to update Council and residents on the status of the litigation. He stated there was no substantive change on the status of the parties, it had been fully briefed, and submitted to the 1 lth Circuit Court of Appeals in Georgia. He specified the only change was the court decided on oral arguments which would take place on the week of March 12, 2007. He explained the fact they decided to have an oral azgument meant that a minimum of one judge wanted the case to be heard in oral azgument. He stated it was neither a negative thing nor a positive thing. It was an issue that had not been before the court in 40 years and they could have thought it was an important 1St Amendment issue which they did not want to decide without oral azgument. He commented from a practical perspective, they did not control the court and the speed at which it moved. He explained even though the parties had agreed to file a request that the court expedite the process, it turned out the court instructed the parties to submit their briefs, . and they would take their time to consider in their own due course. He stated they would take their time to consider it until Mazch and it could very well fall on the same day as the election. Attorney Guedes explained they could get a decision from the court in a week, or they could get a decision from the court in six months. He explained there was no way of knowing. He stated he spoke to a lawyer the day before. He stated that lawyer had been reading about this case in the press and called him to find out what was happening. He stated he did not know what the Council would decide and that would depend on the discussion at the meeting. He stated he explained the Village Council was experiencing some administrative issues and it affected their ability to govern because of tied votes. He stated the lawyer's comment was his preference would be that the Village Council do nothing. He specified the lawyer stated that the Village Council not hold an election. Attorney Guedes stated but having said that and understanding where the Village Council was coming from, he would not be upset if the election had gone forwazd under the condition the seat was not a permanent one; but a seat that was subject to the possibility that the person elected be removed from office if the 11`t' Circuit Court decided to rule against the Village, reverse the decision, and allow Mr. Dalack to take the seat. He stated his experience was one could not always rely on someone to follow through. He commented Mr. Dalack may say to his attorney, Mr. Rosenthal, that he wanted to stop the election and his attorney would have to file something. He commented there has been no decision and it was based on Judge Middlebrook's reasoning in terms of the Village being valid and there has been no stay of that decision, which meant it was a • completely valid and legal order on which the Village could rely in good faith. 13 Minutes -Village Council Regular Meeting 12/14/06 Page 14 • Attorney Guedes stated there were practical, financial, and political considerations which fall largely outside his own expertise and he was sure that was where most of the questions would come from. Council Member Genco stated the Village Charter allowed the Village to recognize vacancies of seats, and in order to have something on the ballot of the upcoming election, the last date of declaring a vacancy would be in February. She asked if there was a possibility that the court might take all of this into consideration especially knowing that the Village Council had problems with tied votes. Attorney Guedes stated when they submitted their joint motion to expedite the appeal they explained that not only was it time sensitive because Mr. Dalack's time was ticking away, but also that the Village faced the potential situation of unresolved town business because of tied votes. He commented the judges were intelligent people who were aware of what was at stake. He stated they tend to reserve the expedited cases for cases like the Shiavo case or life and death situations where the decision had to be made instantaneously. He referred to a previous conversation with Mr. Dalack's counsel that he intended to bring the need for rapid resolution to the court's attention at oral argument . He stated his response was do that at his own peril. He explained he was not going to put the Village out there and say to the court "move along" because they already told them it was important to them and they know. Attorney Guedes stated he would definitely counsel against going back to the court and reminding them. Council Member Genco referred to the State Attorney and mentioned the State of Florida's oath was identical to the Village's oath and asked if there was any possibility of him also noting to the court the importance of this. Attorney Guedes informed the Attorney General filed a brief in support of the Village's position because the oath of Florida was almost identical to the Village of Tequesta's. Council Member Genco asked if that would be a good avenue if they wanted someone to help the Village expedite it. Attorney Guedes stated no, because they did not have anything at stake or pending, and they were not hampered in any way by the tendency of the decision. He explained they were conducting business as if it were constitutional and they were not facing two to two votes. Council Member Genco pointed out if it was believed it was their right to stand behind the oath and it turns out it was not, then the State and the other Municipalities would be imperiled. Attorney Guedes stated that was right and explained that was why they joined on the merits of it but he expressed he sincerely doubted with the regular business the Attorney General conducted before the I 1 `~ Circuit Court of Appeals, that he would go to the court and tell them to move faster. He stated the court would ask what was their hurry. Council Member Genco commented the wheels of justice was moving slow lately. Attorney Guedes quoted "justice delayed, was justice denied", and stated in this case they were seeing the consequences of that. He explained he thought Council would contemplate this to see if there was a viable option, or to decide whether it was worth the risk because of complications and expense. Mayor Humpage mentioned expense and stated the Village would have to endure the expense of the oral azgument. He pointed out there may be some expense incurred in defending an injunction, which could be between $5,000 to $15,000. Mayor Humpage stated they were doing this for $100,000 and they were looking at briefs. Attorney Guedes explained he was hopeful that if the Council decided to move forwazd they would take precautions, because they • 14 Minutes -Village Council Regular Meeting 12/14/06 Page 15 • do not want to be perceived by the court as taking action that would take the case away from them. He recommended they deal with it cautiously and with certain conditions. Attorney Guedes explained if Council went ahead with the election, and Mr. Dalack went against the advice of his attorney and stated he wanted to stop the election, he would file a motion with Judge Middlebrooks to try to stop the election. If Judge Middlebrooks denied the motion, Mr. Dalack would have the right to take that matter up to the 11 `~' Circuit Court of Appeals, and the court could say they would stay everything, and have no one change the status quo while they looked at it. He commented they were fairly conservative, and he did not think they liked to tinker with the electoral process. He pointed out if Mr. Dalack were to decide to escalate the process by seeking further review the cost of litigation would increase. Attorney Guedes pointed out if Mr. Dalack does nothing, the Village would have no expense other than fmishing off the appeal. Council Member Genco pointed out his refusing to take the oath was basically nullifying the rest of the Villages Charter. Attorney Guedes stated he had the opportunity to speak to the Village Attorney about this. He commented the Village was in uncharted territory. He stated they would have to make interpretations of the charter to get to where they would like to go. He stated that in itself raised potential for litigation. Council Member Watkins asked if the Council legally decided to do this, if they would need to have qualifiers, and they would have to make it clear for whoever ran for the seat. Attorney Guedes pointed out it was his view the 11~' Circuit Court of Appeals had the inherent • authority to direct anyone in that seat to be removed, and for Mr. Dalack to take that seat, that was in their power regazdless of how Council decided to go forwazd. He stated the question was if they chose to go down that path how would they be fair to candidates who may be running and minimize the risk of whoever taking that seat ending up in litigation with the Village over being in that position. He mentioned a proceeding reserved for disputed elected seats. Council Member Genco pointed out who would want to enter into a race when they would have to put up money to run and would be spending money, politicking, and trying to get votes. She stated there might be people interested in running for the vacancy if they were to have an election. She pointed out in the charter they never anticipated that one thing. She suggested in the interest of the taxpayer dollars, doing nothing was the best course. Village Attorney Hawkins stated he did not think technically they had a vacancy within the scope of the contemplated language of the Village Charter. He explained it was a temporal vacancy according to the charter, and he did not think the Village had to satisfy the word vacancy in their Charter. He thought there were risks to craft this election. He stated they briefly looked at it and he could not fmd anywhere where this type of election has happened. He commented that created an interesting issue, and there were public relations opportunities and who knew how Mr. Dalack would use those public relations opportunities. He referred. to the expense, and stated the Village would not be able to control it. He commented in the beginning, the wheels of justice moved incredibly fast and now it was slow. Vice Mayor Paterno asked from a legal standpoint, if Council would be able to put the seat up for the election in March. Attorney Hawkins stated they may have an opportunity. He specified • they had to fashion a special election and they would have to verbalize and publicize it in a 15 Minutes -Village Council Regular Meeting 12/14/06 Page 16 • certain way that the person elected was aware that they might one day have to step down by removal by the court, or by Council's actions. He stated they might have to create that special election but he could not show them anywhere this had been done. Vice Mayor Paterno mentioned the cost, and pointed out they could have the special election because they were going to have an election anyway. He mentioned the scenario in which Mr. Dalack decided to take the oath. Attorney Hawkins stated it was his constitutional right by way of the election. Mayor Humpage stated according to Mr. Dalack and his discussions with this Council, if he lost, he would take it to the appellate level, and if he lost there, he would take it to the Supreme Court of the United States. He thought if he lost at the appellate level he would have to take an oath that he stated was hypocrisy. Attorney Hawkins stated if he took it to the Supreme Court there would be a period of time where the status quo as it presently sat would be maintained. He pointed out it would take a period of time to be reviewed. Council Member Genco stated by then Mr. Dalack's term would have expired but they would still be in litigation. Attorney Guedes explained this was a potential possibility. He presented the scenario in which the 11th Circuit Court took some time to decide or Mr. Dalack sought review at the U.S. Supreme Court and they decided to review it, it would be impossible for the case to be decided before Mr. Dalack' s term was expired. He explained while that would render Mr. Dalack going back to the seat, he could imagine that Mr. Dalack as an attorney, or his attorney, his current Counsel, or a new Pro Bono Counsel, would argue that the issue was not moved legally because the oath • remained on the books and the event would be likely to reoccur. Attorney Guedes referred to the exception to the doctrine which says a particular subject or issue was subject to possible repetition, or that evading review did not render the case new and the courts could go ahead and decide the question anyway. Council Member Genco asked if it would affect anyone new who was elected to that seat, who took the oath. Attorney Guedes stated no, it would not. Council Member Genco stated they had an injunction versus a special election of which they had to consider the cost and they also would have two or more people at a disadvantage if they ran for the vacancy. She pointed out Council had until February to decide on it. She suggested Council let it go for now unless someone from Council wanted to bring a consideration to Attorney Hawkins. (Public Comment) Pert Towne, Fairway North, asked since Mr. Dalack stated he did not agree with the oath all along and if Mr. Dalack loses at the appellate level, and decided he wanted to take the seat, if that could be taken as malfeasance which would justify him being recalled. Council Member Genco stated that would be up to the public. Ms. Towne stated she wanted to ask that question because she could not think of anyone in the Village who wanted him seated. She stated that would be an avenue the Village would have as recourse. Vice Mayor Paterno stated if they were to have a special election they should make it as fair as possible so anyone interested would have enough time to decide, and campaign. He commented • it was a big decision to make and if Council waited until the last day that they could announce 16 Minutes -Village Council Regular Meeting 12/] 4/06 Page 17 • their candidacy, it would be unfair to the residents and those who were interested in running. Council Member Genco stated they would have to have a resolution and they were not prepared at that moment in time. She stated if Council wanted to do that, they should speak to the Village Manager and the Village Attorney about bringing it forth in the form of a Resolution. Attorney Hawkins stated they would have to craft a plan and that would take some study. Village Manager suggested if it was the intent of the Council to do that they could have that by the end of January and that would satisfy Vice Mayor's interest in giving people enough time to look at it. Council Member Watkins stated she would describe it as a rock and a hard place because they needed the seat available and her only hesitation was the cost in going forward with the election; they might incur more fees. Council Member Genco stated she did not think the special election would cost as much as the legal fees that they would automatically incur by just going through the appellate level. Council Member Watkins stated she would do anything to get that seat available and to help resolve it but the question was, does this move help resolve it. Attorney Hawkins stated this would be apart of the normal election cycle. Vice Mayor Paterno suggested as they go through they could make decisions. He suggested they do it and at this point Mr. Dalack would graciously say go ahead and he would see the Village in court because they had to fill the vacancy. Council Member Genco asked what if he filed an injunction; they would have to fight that as well. She pointed out if he was granted an injunction they would have put time and money into drafting language for something and they would be faced with having had special election. • Mayor Humpage commented the pulse of the community was they wanted to do something. He stated they needed to be guarded and do something. Council Member Genco stated Mayor Humpage could have the Attorney draft a Resolution for January. Mayor Humpage commented in fairness to people who were interested in running for this seat, they should understand that if the appellate court reverses the decision, they would step away and the term of Mr. Da]ack would be till March 2008. Mayor Humpage commented he did not know what they would decide tonight, and if not he would bring it back January, so everyone should be prepared to file the papers because he hoped they were successful in putting it on the ballot in March. Attorney Hawkins stated if he directed the Village Manager to study this issue, they could bring a plan to Council and have an Executive Session in advance, and they could go over how doable it was because it was highly unusual. He explained in litigation they liked to control the variables. He pointed out how plainly they responded to this in the court of appeal was unpredictable, and how he was able to spin it was unpredictable, and it all happened in March. Mayor Humpage stated as far as he was concerned, he had no intention to supersede any ruling of the appellate court. He expressed he respected the court and its decision making process, and he would abide by whatever they decided. He stated in the meantime he would serve the constituents. Vice Mayor Paterno stated they did not know what the Village of Tequesta would do to change the variables for them. (Public Comment) • 17 Minutes -Village Council Regular Meeting 12/14/06 Page 18 • Joyce Kella, resident, asked why they could not do a recall. Mayor Humpage stated they could not recall anyone who had not been seated. Ms. Kella stated some people in the community felt he should be recalled. Council Member Genco stated since they were not going anywhere with it at the meeting, they should just schedule a closed door meeting and bring it back and resolve it. Village Manager Couzzo asked if they could recess for two minutes to determine whether they could have the Executive Session. Meeting was recessed 9:03 p.m., Meeting was reconvened at 9:09 p.m. MOTION: Vice Mayor Paterno moved to have Staff and Attorney go forward with constructing something for an election and they would vote on it for the next Regular Council Meeting, January 11, 2007; Mayor Humpage seconded the motion; Mayor Humpage asked if there was a discussion. Council member Genco asked if it was for the January 11, 2007 Village Council meeting. Mayor Humpage stated yes. motion passed 4-0. 12. ORDINANCE 610-06/07 -FIRST READING An Ordinance of the Village Council of the Village of Tequesta, Palm Beach County, Florida, amending Chapter 54, entitled • "Offenses"; of the Code of Ordinances of the Village of Tequesta, to create sexual offender and sexual predator regulations, creating a new Code Section 54-6 to be entitled "Findings and Intent"; creating a new Code Section 54-7 to be entitled "Definitions"; creating a new Code Section 54-8 to be entitled "Prohibitions, Exceptions, Penalties"; to provide a separation requirement of 1,000 feet from the residences of sexual offenders and predators and certain permitted uses; creating a new code section 54-9, to be entitled "Rental; of Real Property to certain Sexual Offenders and Predators Prohibited"; creating a new code section 54-10, to be entitled "Annual Registration of Private School Bus Stops"; providing for Severability; providing for the repeal of any laws in conflict; providing for codification, and providing for an effective date. Attorney Hawkins read Ordinance 610-06/07 by title only on first reading. Mayor Humpage opened the public Hearing Russell Von Frank, 489 Dover Road, asked how they arrived at 1000 feet. Mayor Humpage informed Mr. Von Frank that 1000 feet went to the court and it was upheld. He pointed out the Village was using their instrument with one that was challenged. Council Member Genco commented Police Chief McCollom did a map of radiuses which was incredible. Hearing no further comments from the public, Mayor Humpage closed the public • hearing. 18 Minutes -Village Council Regular Meeting 12/] 4/06 Page 19 • Village Manager Couzzo commented Chief McCollom was ill and if he was not he would have been at the meeting. He commented Chief McCollom put a lot of time and effort. Mayor Humpage stated he was sick all. day, he made it to the 7 a.m. line up, drove back sick, and then drove home. Council Member Genco expressed she appreciated it. MOTION: Council Member Genco moved to approve Ordinance 610 on first reading by title only; Council Member Watkins seconded the motion; motion passed 4-0 13. RESOLUTION 23-06/07 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, authorizing the execution of an Interlocal Agreement between the Village of Tequesta and the Town of Jupiter and Palm Beach County for the operation and maintenance of the South Cypress Drainage System and authorizing the Village Manager to execute the applicable agreement on behalf of the Village. Attorney Hawkins read Resolution 23-06/07. Attorney Hawkins stated he and Public Services Director Mr. Russell White, and the Town of Jupiter had been working on an Interlocal Agreement governing the utilization drainage structure on Cypress Drive. The doctrine was set forth under tab 13. He pointed out there were two doctrines, one spelled out the obligations, the second was the agreement which was the reciprocal between the three parties and it would provide Storm • Water Drainage to the areas described in Storm Water Management. Public Services Director Russell White mentioned the South Cypress project and the South Florida Water Management District and explained for them to get the permit, they needed to get the agreement in place, and it was for the maintenance of the outfall structure and their portion of the percentage was in that agreement, which was for the outfall structure and the rest of it was the easement and the structure in the Tequesta area. Council Member Genco asked if they would take 45% of the outfall maintenance. Mr. White stated of the outfall structure. Council Member Genco asked if there was an annual amount of money they would have to be paying. Mr. White stated it was on an as needed basis, and if something came up the Town of Jupiter would be getting the work done and for any maintenance that was done, they would get proposals and have the Village look at them, and as long as it was agreeable, the Village would pay their percentage. Council Member Genco asked if there was anything to put on the contingency or the accrual schedule. Public Services Director White stated he could not see it being so much money that they would have a separate budget item for it. Council Member Genco stated that was her only question. Vice Mayor Paterno pointed out he noticed the address was incorrect on the agreement. He asked what would happen with contamination of this, and whose responsibility would it be. Mr. White stated whoever discharged into the system would be decidedly • responsible. He asked if there was anything in the agreement that stated that. Attorney 19 Minutes -Village Council Regular Meeting 12/14/06 Page 20 • Hawkins referred to Section 3, D and read " If required by federal, state, or local authorities, the parties agree to each be responsible for, and take appropriate steps to address, any pollutant loadings entering the System from their jurisdiction as determined through a study by an independent engineer acceptable to all parties. The cost of any such study shall be bore equally by the parties from whose jurisdiction pollutant loadings emanate." Vice Mayor Paterno advised the Village did not allow anyone on that property, and he asked if they needed to be concerned that Jupiter allowed parking on their side of the property. Public Services Director White stated they had pointed out that section was Jupiter's responsibility and the system from Tequesta Drive to the Town line was Tequesta's responsibility, so anything that happened on their side would be their responsibility to repair it if someone damaged it. He specified the Village's responsibility was for the outfall. He stated he disagreed with everyone pazking there because there was not enough control to see what was going on there. Vice Mayor Paterno asked if they should do anything. Mr. White stated they looked at that regularly and they checked and if they saw something they would let them know and they would take action. Attorney Hawkins stated the remedy here was it had to work because the permits depend upon it. He pointed out in order for it to work it had to be maintained, and they also had their share of the cost. He stated if something happened on their end it would have to be restored. Attorney Hawkins stated another thing to consider would be possible contamination, where it could go down stream and into the system in which the Village • would equally share the cost. Vice Mayor Paterno asked if it should be required that everyone maintain that azea free of cars and trucks and engines. Mr. White stated they could. Vice Mayor Paterno asked if it could be a part of the agreement. Village Manager Couzzo stated they could put it into correspondence stating the concerns, and encourage them not to pazk there because it could possibly result in contamination. Attorney Hawkins commented he did not think the Village had a lot of leverage in directing them on how to use property. Mr. White explained that it was the Town of Jupiter's responsibility to monitor the parking over there for illicit discharges into the system. Council Member Watkins commented it took a lot of time and energy to get this done. Attorney Hawkins stated he would get the addresses changed. MOTION: Council Member Watkins moved to approve Resolution 23-06/07; Council member Genco seconded the motion; motion passed 4-0. 14. Council consideration of appointment of Mr. Carl Hansen as a resident member of the General Employees Pension Fund Board of Trustees. Mayor Humpage stated apparently they advertised and no one else responded • 20 Minutes -Village Council Regular Meeting 12/14/06 Page 21 • MOTION: Council Member Genco moved to approve the appointment of Mr. Carl Hansen as a resident member of the General Employees Pension Fund Board of Trustees; Council Member Watkins seconded the motion; motion passed 4-0. RESOLUTION 19-06/07 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, approving a contract with JLH Associates for preparation of an Evaluation & Appraisal Report (EAR) in the amount of $35,000.00, required to amend the comprehensive plan of the Village of Tequesta, with funding available in account # 001-150- 531.322, Misc Planning Services, and authorizing the Village Manager to execute the same on behalf of the Village. MOTION: Council member Watkins moved to discuss Resolution 19-06/07; Vice Mayor Paterno seconded the motion Community Development Director Harding explained the Evaluation & Appraisal report (EAR) was required by the Department of Community Affairs and was evaluation of the current development conditions in the Village in preparation for the new division of the comprehensive plan which is done every 10 years. The deadline for Tequesta would be March 1, 2007. She stated the EAR report took time for research and evaluation, which translated into cost. JLH Associates did the last EAR report in 1996 and had the experience to produce a timely and cost efficient report. She pointed out any other consultants would need to do research in advance to draw the necessary conclusions to do the EAR report. JLH Associates had been chosen because of the prepazation of the Village's last EAR report, and the Village and JLH Associates had a • good working relationship since they have worked with the Village in the past year and prior. Vice Mayor Paterno stated he was fine. No Council members had any comments or questions. motion passed 4-0. 16. RESOLUTION 20-06/07 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, awazding a bid to Hertz Equipment Rental, of Riviera Beach, Florida in the amount of $27,000.00 for the purchase of a B 125 Mini Excavator, with funding available in Fund # 401, Water Fund, Account #401-411-664.600, Machinery & Equipment and in fund #403, Stormwater Fund, Account #403-250-664.600, Machinery & Equipment and authorizing the Village Manager to execute the applicable proposal on behalf of the Village. MOTION: Council Member Genco moved to approve Resolution 20-06/07; Vice Mayor Paterno seconded the motion; motion passed 4-0. 17. Removed from agenda. 18. Proposed Revisions as to Michael R. Couzzo, Jr.'s employment contract. Village Attorney Hawkins referred to the fall when they had the PRC review and there was a lot • of confusion over the issue of the net. He stated Council instructed him to sort it out and clarify 21 Minutes -Village Council Regular Meeting 12/14/06 Page 22 • it. He went to Village Manger Couzzo and recommended the issue be clarified to eliminate the confusion regarding the PRC. He stated he thought they should get that clarified and he went to Mr. Couzzo and he agreed, and they asked him to prepare a draft. He stated those were the only two items he set out to clarify because Village Manager Couzzo agreed and he got direction from Mayor Humpage; which was all that was before Council. He specified that this was not a suggestion that this language could not be clarified further, but he wanted to get direction from the body of the Council. He informed Council they had a contract in place and he suggested some limited revision be made to clarify some things that had caused some contradiction, and Mr. Couzzo agreed. Council Member Watkins explained they had a legal binding contract with the Village Manager and emphasized it be clear to the public. She commented it was gracious of the Village Manager to agree to have his contract altered, and to cooperate in order for it to be read the way certain Council Members wanted to be read; and she felt he should be given credit to allow them to do anything with it at all. Vice Mayor Paterno stated he was aware of the changes, and it made it a lot clearer so that everyone could understand. He commented Mr. Couzzo did not have to do this and he thanked him for allowing them to make that change. Council Member Genco stated she agreed with that. She stated she also wanted to see the indemnification clause put back into the contract which had been in the prior one. She explained when Council approved the contract they never had a copy of it and Colonel Resnik read it to the . Council. Council Member Watkins asked if they could discuss this at the Council Meeting. Council member Genco stated she could because she was a Council Member. Council Member Watkins stated it was a legal binding contract with the Village Manager, and he agreed to the bonus. Council member Genco stated she was asked to comment and she had the right to give it. Council member Watkins stated she was asking the Attorney, and asked Attorney Hawkins if they had the right to go into other matters. Mayor Humpage stated they have a legally binding contract in which there were two bones of contention. He specified one was the PRC; the other was during review by Vice Mayor Paterno he had noticed that they gave 7% raise to the entire Village including COLA and merit, but Village Manager Couzzo was entitled to the COLA but not the merit. He stated the language of the contract was a bit different. Mayor Humpage conunented Mr. Couzzo stated he understood and they could rewrite it so that it stated only the COLA and that it is a net at the PRC. He stated in actuality Mr. Couzzo did not have to do that because it was a binding contract. Mayor Humpage stated he was not going to play with the rest of the contract because he was gracious enough for them to address it, he stated it was up for renewal in 2007. Council Member Genco pointed out it would be renewed the way it is and it would not come up for renewal with any addendums. Council Member Genco stated she was a Council Member and would like to make a comment on it. Mayor Humpage noted she wanted the indemnification clause back in but he did not think they could randomly do that. Council Member Genco stated she was not saying Council would, • it would be up to the vote, or up to the Attorney to ensure it was correct; but she wanted to make 22 •Minutes -Village Council Regular Meeting 12/14/06 Page 23 • a comment about it. Mayor Humpage stated they were discussing the two issues --the PRC and the COLA. Vice Mayor Paterno stated he agreed with Council Member Genco. He stated he believed she could speak on it, but Council did not have to do anything about it. He stated she had the right to make a comment. Attorney Hawkins stated they could discuss their interest and the reality was the other end of the contract did not say they could change it, that was the deal. He suggested he would speak to Mr. Couzzo about it. Council Member Genco asked if he had not spoken to Mr. Couzzo when she brought it up prior to the meeting. Attorney Hawkins stated no, he did not. Council Member Genco stated she expected him to. Attorney Hawkins stated he said that he wanted Council direction. tonight. Council Member Genco stated when they did the contract in November, 2002, they were not given a copy of the contract and instead Colonel Edward Resnik read the changes into the record and when they did the amendment in January, they did the same thing again. She stated she objected at the January 9, Council meeting because they were approving it without having a copy of it and unfortunately the Council voted 4-1 and adopted it without having a copy. She stated at that time she commented she did not know how they did something like that. She stated Mr. Resnik said to her if she did not like it she should vote against it, which she did. She stated she even apologized to Mr. Couzzo at the time because she was uncomfortable adopting anything without having a copy of the contract. She referred to when she was Mayor, and stated she was forced to sign it because Council stated she had to sign it. • Council Member Genco explained the indemnification clause covered the Village in case the Village Manager does something wrong that they were responsible for it. She asked her fellow Council Members to consider putting it in because the indemnification clause protected the Village. Mayor Humpage stated this was a discussion and asked where they went with that. Attorney Hawkins stated Council could instruct him to proceed to have Mr. Couzzo sign it. Mayor Humpage stated he would like him to do that and to revisit the issue of the indemnification clause. Consensus of Council was to direct Attorney Hawkins to meet with Mr. Couzzo and revisit the issue of the indemnification clause. Mayor Humpage summarized, to make the adjustment to the COLA. Vice Mayor Paterno asked that they vote to agree to the contract change as is, with the instruction to talk about the indemnification clause. Council Member Genco stated rather than voting on it twice, they should wait till the Attorney spoke to Mr. Couzzo, and if Mr. Couzzo agreed, they would approve it one time in the January meeting. Vice Mayor Paterno stated they could vote on the two they agreed on, and if it needed to be changed it could be. He stated Mr. Couzzo may not agree to the third change but he would like to vote on the two Mr. Couzzo agreed to while they had the ink in the pen. • 23 Minutes -Village Council Regular Meeting 12/14/06 Page 24 Council member Genco pointed out if they looked at the item that he sent Council when he sent the contract this year, the indemnification was there. MOTION: Vice Mayor Paterno moved to amend the Employment Contract between the Village of Tequesta and Mr. Michael R. Couzzo Jr., on Section 4 as specifred; Council Member Watkins seconded the motion; motion passed 4-D. Consensus of Council was to instruct Mr. Hawkins to confer with Mr. Couzzo in reference to the possible missing language that was left out of the Employment Contract between the Village of Tequesta. Consensus of Council was to direct Attorney Hawkins to meet with Mr. Couzzo and revisit the issue of the indemnification clause. X. ANY OTHER MATTERS Planning and Zoning Advisory Board Mayor Humpage pointed out there were two members who left the Board and they would need members for the Planning and Zoning Advisory Board. He stated it would be advertised on the Village of Tequesta Website. Village Hall Memorial • Council Member Watkins stated she though they needed to begin discussions with the Memorial Committee and she personally wanted to see something done sepazately from what was approved. Mayor Humpage asked if they could have a workshop. Council Member Genco indicated she spoke with Mr. Carl Hansen about the concept of putting the marble on the stage , which was not done. She stated she heazd a lot from Village residents who told her that they would not object to stepping stones being named after people but they would not agree to having everybody and anyone's names being put on the memorial. She commented there were a lot of issues. Consensus of Council was to have a workshop on the Village Hall Memorial at the end of January. • Ordinance 580 Village Manager Couzzo stated they would put something together. Council Member Genco referred to Ordinance 580 and stated they had to do an addendum on the Florida Building Code. She stated they needed to get it done because she did not want it to be a problem for the Village in Code Enforcement. She stated she thought it would be a simple thing but now because it had public awareness, it needed to be taken care of. Mayor Humpage wished Council Member Genco Happy Birthday again and congratulated her on her engagement. XI. ADJOURNMENT 24 vlinutes -Village Council Regular Meeting 12/14/06 Page 25 MOTION.• Council Member Genco made a motion to adjourn, seconded by Council Member • Watkins, and unanimously carried; therefore, the meeting was adjourned at 9: 46 p. m. Res ctfully,su)bmitte , ~~f '~ ~ l Sharifa Tha.rpe Office Assistant • 25