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HomeMy WebLinkAboutMinutes_Regular_06/08/2006MINUTES VILLAGE OF TEQUESTA REGULAR VILLAGE COUNCIL MEETING THURSDAY, JUNE 8, 2006 I. CALL TO ORDER AND ROLL -The meeting was called to order by Mayor Jim Humpage at 7:03 P.M. A roll call was taken by Village Clerk Gwen Carlisle. 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, Village Clerk Gwen Carlisle, and Department Heads. II. INVOCATION AND PLEDGE OF ALLEGIANCE Council Member Watkins 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; seconded by Vice Mayor Paterno. • Mayor Humpage noted one correction on Page 27, of the May 18, 2006 Regular Council Meeting Minutes. He noted that the date in the header of the minutes is incorrect, and there is a redundant paragraph problem, so the Clerk will have those sections amended in the final minutes. Council Member Genco noted she had one correction on Consent Agenda Item 10, minutes of April 27, 2006 Workshop, Page 5, second paragraph from bottom of page, 9th line, Delete "with" and Insert "without". She asked if that could be left on the agenda, with the one change. Council Member Genco removed Item 11, from the Consent Agenda. Village Manage Couzzo noted Item 18, Change order for new Village Hall be tabled until the July 13, 2006 Regular Council Meeting. Motion passed 4-0 to approve the agenda as amended. IV. PRESENTATIONS AND PROCLAMATIONS 1. Presentation on Workforce Housing -Commissioner Karen Marcus Mayor Humpage introduced County Commissioner Karen Marcus, and thanked her for coming to the meeting. Commissioner Marcus thanked Council for • allowing her to come with their busy schedule, and noted they were here this evening to talk about Workforce housing. She explained it has been an issue for MINUTES -Village Council Regular Meeting 06/08/06 Page 2 everyone in the County, and in the State of Florida. She noted in North county they have tried to take a more hands on aggressive approach on how to solve the problem, because it is getting to the point where so many families and so many folks are not able to stay here. She mentioned the college graduates from this area can not afford to come back and buy housing when they are in the job market. She indicated they have tried to tackle it on a more local level, and try to fit it to the north county area. She introduced Ms.Verdinia Baker, who is in charge of this huge project for the entire County. Ms. Beth Engle-Love, County Public Affairs Director who will speak about some of the components important to Workforce housing and understanding what Workforce housing is, and Ms. Casey Steinbacher, President, North Palm County Chamber of Commerce. Commissioner Marcus explained what they have really been trying to do is look at what can they do, what are the solutions to the problem. Is inclusionary zoning, is it a community land trust, which is what they are looking at for Palm Beach County. She mentioned they are not looking to take out existing workforce housing, if there is any, but to create it. She indicated the Chambers are not looking to lose a retail base, but to add a retail base with a residential component over it, and to allow for some portion of those type of units, because that is the first step in the door. Ms. Casey Steinbacher, North Palm County Chamber noted Council has in front of them a powerpoint presentation that she will be reviewing, because she did not have the actual presentation to show Council. She noted this presentation has been • made over the entire north county area, and it is a template presentation but the name and the information has been changed to specific to the community. She indicated there was one error in the presentation that she will point it out when it comes up. She noted one of the biggest problems, besides that fact that they do not have it, is the fact that people do not understand it, and what is they are talking about, and why it may be a problem for Tequesta. She reviewed Workforce Housing, affordable housing versus Workforce housing. She explained the Housing and Urban Development (HUD) have traditionally defined affordable housing as housing that people in the 60%-80% median income range can afford. She noted when it comes to Workforce housing that number has gotten bumped up to 60%-120% of median income. She commented what they have adopted in PBC, and specifically in North County is a uniform definition Workforce Housing that says, "Workforce Housing is housing that people in our communities who make 60%-120% of the median income can afford to buy". She noted what that means is people in the 60%-120% range in Palm Beach County that make $35,000 to $75,000 per year, and what that means in terms of their affordability, on a normal banking loan procedures on those incomes is a house range of $150,000- $275,000. She commented why do we not have any workforce housing, because: 1) Market conditions are very high, with limited land supply, and costs to build/renovate; 2) Political Conditions, has not • been on the radar screen until now/no sense of urgency, Affordable vs. Workforce 2 MINUTES -Village Council Regular Meeting 06/08/06 Page 3 (NIMBY), and not public policy; and 3) Other contributing Conditions, tax and homeowner escalations, and rental conversions. Ms. Steinbacher pointed out NIMBY (Not in my backyard) are people like ourselves, our children, out firemen and our teachers, and people in those particular income ranges. She commented why is this a problem: because of the Business Implications, recruitment and retention; productivity, travel and leisure, and Community Implications, increased traffic on major thoroughfares, parks and recreation, schools and public services, such as police, fire, nurses and teachers. She explained affordable housing is the number one problem today for the business community. She mentioned surveys have been done and the results will not come out officially until July 12, 2006. She explained the survey was done by Florida International University Metropolitan Center to study this, and its effect on business. She noted 200 businesses were surveyed across PBC, all sizes, all types, and all geographies. She commented what they heard from FN was that workforce housing is causing serious recruitment issues, and serious retention issues. She mentioned some people are choosing to take early retirement, sell their property and move to North Carolina, buy a house for cash, and take that money and retire on. She noted this is happening more and more in Palm Beach County. She stressed even the people that have chosen to work in Palm Beach County, live outside of the County. Ms. Steinbacher commented the average residential housing price in the Village • of Tequesta in October 2000 was $193,273, and now in October 2005 the average price is $564,393; so over the five year period there was a 192% increase in the average Tequesta home price. She explained with the average price $564,392 with a 20% down payment, it stills requires a family to make $64.70 an hour to afford an average priced home in Tequesta. She mentioned there are a lot of groups studying the housing issues. She reviewed the various task forces, and indicated these groups are searching for solutions. She commented what are some of the recommended strategies they are looking into: 1) New development vs. Redevelopment, what parcels are really important; 2) New Programs, such as what the County has done, Inclusionary Zoning, and creating a Community Land Trust; and 3) Regulatory Relief, density bonuses, height bonuses, Traffic and Impact Fee waivers, and Mixed Use projects. She mentioned there are a lot of programs going on right now in Palm Beach County, such as mortgage assistance, single-family programs, and Employer assisted housing programs. She pointed out the way communities can help is by raising the level of importance and understanding of the issue within the community, participate in the debate on the solutions, engage the residents, the business community, and public officials to ensure the solutions for the community address all sides of the problem, and to be creative and proactive in adopting public policy that is an incentive for workforce housing by creating strategic alliances with organizations and/or programs. Commissioner Marcus explained they understand that all cities are different, that • some cities have no workforce housing, nor will there be any location for workforce housing. She commented the Town of Palm Beach was part of their 3 MINUTES -Village Council Regular Meeting 06/08/06 Page 4 subcommittee and they said they do not have any place for it, so they would like to pay into a fund, because we all need employees to be able to work close by, and not have to worry whether they are coming from another County. Other communities such as Lake Park, and Riviera Beach have workforce housing, so they need to remember as their values start to go up, and they are, they need to set aside what they already have, so they can keep some form of workforce housing in their communities. Ms. Verdinia Baker, Deputy County Administrator, Palm Beach County noted the County has moved forward on a number of initiatives, the Board has adopted mandatory Inclusionary Zoning, which is operating on an interim policy. She explained that particular policy allows any developer coming in to set aside a certain percentage of their development for workforce housing. She mentioned the price points of workforce housing is anywhere from $164,000- $304,000, and in our communities, our professionals, our engineers are coming out college, and they cannot be recruited here because of the County's housing prices. She commented the County will implement are permanent ordinance once the Comp Plan has been amended. She mentioned they just received a proposal to look at and create a methodology for their linkage fee that would be in effect, once the methodology has been developed. She mentioned the Community Land Trust has been incorporated, and they are in the process of completing the by laws, and establishing a 501 c status. She noted it is designed to be a countywide community • land trust, so any community that is dealing with affordable housing, if their developer wants to work with the County, or if the community wants to donate land to them for workforce housing, so it could be designated for their employees, the County would be able to work with the communities on that. She noted communities that are landlocked could provide cash to the Community Land Trust. She indicated they are also looking at the regulatory process, such as looking at reducing minimum lot sizes, and looking at allowing for density in some of the communities. Ms. Beth Ingold-Love, Palm Beach County Public Information Officer noted the County has put together a Communication Plan that has three phases, that will begin at different times and by the end the three phases will be running simultaneously. She noted Phase 1 of the Communication Plan would be to educate the general public on workforce/affordable housing. She mentioned they are in the process now of conducting a telephone survey to establish a baseline of information on the perceptions out there, and give them an idea of what the public would be supportive of, so they could address the situation. She noted in Phase 2 they would target the developers, and builders and get the information out in the community. And in Phase 3 address those situations where NIMBY (Not in my backyard) arises. She noted by the end of the process they would be doing phases I, 2 and 3 together. • Commissioner Marcus thanked Council for letting them speak this evening, and noted they were here to educate the elected officials in the North County. 4 MINUTES -Village Council Regular Meeting 06/08/06 Page 5 • Mayor Humpage commented Tequesta does not really have any land left, but could see where the contributory aspect into the fund would be sufficient. He noted there are police and firemen here that have a long way to travel, and his employees struggle, and two employees travel 41 miles in each direction. He explained he tries to help in the salary issues, but that is not the answer because he could price himself out of business. He stressed it is a major problem here, and they as a Council, and employers know that, and are affected by it. Commissioner Marcus stated they would really like for the partnership between the City and the County that the individual cities do not need to go out and create their own Community Land Trust. She stated they would certainly allow the Village to partner into it. Council Member Watkins mentioned she has heard on the news how the School Board is cutting back on construction of the number of schools that had planned in the 5 year plan. She commented this is a result, and she has heard them say before that they are having extreme difficulty with their teachers on both ends, the new hires that could not afford to buy a house here, and the teachers that have 20 plus years could sell their home for $500,000-$600,000 and go to Georgia, and buy a beautiful home for $250,000 and bank the rest, so that is what they are doing. She agreed it is a real problem, and was glad to hear there was something that Tequesta can do, since there is not much land here. Commissioner Marcus • indicated there would be redevelopment coming up, and other opportunities in the community, such as local government purchasing of properties in their communities, and using it for workforce housing. Council Member Genco asked if there were some type of guidelines for percentages of workforce housing per population. She felt that would be the kind of data that would be useful for Tequesta. She commented also Tequesta has a number of re-sales below the $275,000 range. She noted the issue would be how to keep those properties at that price range, if the cost of living would effect that, would it not also effect the ratios that they are using for workforce housing. Commissioner Marcus noted the properties that she is talking about are the ones that they are saying to the cities, go and purchase, and put them on a resale through the bid process, or something like that, and then be able to keep them over a period of time, based on some form of percentage, 3% each year, or something like that to keep value to them. Ms. Baker noted the County uses the Housing and Urban Development (HUD) guidelines to determine what is affordable in a particular area, and that is adjusted on an annual basis by HUD, so inflation is included, and if the community goes out and purchases the property, using public dollars, you put a restrictive covenant on the property that it could only be sold to another affordable family within a period of time. She commented the restriction would run with the land. Ms. Steinbacher noted she would let the Village know their specific data once they have received the information. She • noted Council would be receiving a letter inviting them to a breakfast meeting on July 25, 2006, to share with them the survey results. Commissioner Marcus 5 MINUTES -Village Council Regular Meeting 06/08/06 Page 6 thanked Council for their time, and noted she was looking forward to working with Council and Staff. Mayor Humpage noted Council was aware this is an issue, and thanked Commissioner Marcus for attending the meeting. 2. Presentation and acceptance of the Comprehensive Annual Financial Report (CAFR}- Mr. Jerry Chiocca - Rachlin, Cohen and Holtz Mr. Chiocca distributed the Comprehensive Annual Financial Report to Council (CAFR). He noted if Council has any questions to please call him at any time. He reviewed the report noting it was divided into 4 sections: Section 1, Introduction, Section 2, Financial, Section 3, Statistical Data, and Section 4, Compliance. He noted they were responsible for Sections 2 and 4. He noted under Section 2, first page is the report of the Independent Certified Public Accountant for the year ending September 30, 2005. He read from Paragraph 3: "in our opinion the Financial Statements referred to above present fairly in all material respects the financial position of the Village as of September 30, 2005 and for the year then ended". He noted on Page 18, Balance Sheet of the General Fund, the total assets of the General Fund is $4.2 million, less the liabilities of approximately $805,000 showing a total fund balance $3.4 million of which $2.4 at September 30, 2005 was undesignated and unreserved. He pointed out in the top column first two lines, cash and cash equivalents, and investments there was approximately $4 million in cash and cash equivalents, which shows the Village is in a very strong • financial position. He commented if he shows up that means it is good for everyone. He explained in the Capital Project Fund in the second column that is being used to build the new Village Hall, with most of the money being designated for the Capital Projects, $2.3 million, and all of it was in investments as of September 30, 2005. Mr. Chiocca reviewed Page 19, Statements of Revenues and Expenditures and Changes in Fund Balance, total revenues for all three funds was over $9.2 million, expenditures of $8.2 million, and showing an excess of revenues of approximately $970,000. He noted Other Financing Sources of $855,000, as transfers in and out from other funds, so the change in fund balance of over $1.8 million dollars, to add to the fund balance of $5 million to total $6.8 million dollars. He mentioned this shows that the Village is in very good financial shape. He noted on Page 21, Statement of Assets for Proprietary Fund, which is the Water Fund on the first column was $4 million dollars in unrestricted net assets, and $13.8 million in total net assets, $9.4 in fixed assets, unrestricted of $4.0 million dollars all in cash and investments, and accounts receivable. He commented on Page 22, Statement of Revenues for the Water Fund, showing total revenue of over $4.1 million, expenditures of $3.6 million, operating over $500,000, transfers of $83,000 out showing a net income of $417,000 for the year. Mr. Chiocca asked Council to turn to Page 58, and noted in the first two columns • the original and final budget, and the bottom line shows a dash which means the Village is in balance when the budget was prepared, which is in accordance with 6 MINUTES -Village Council Regular Meeting 06/08/06 Page 7 • the Florida Statutes. He pointed out in the third column total revenues were $8.7 million, compared to $7.8 million of what was budgeted, so the Village had a positive variance of $990,000. He noted the expenditures the final budget was $7.8 million, and $7.5 million was spent, again a positive variance of $3.2 million, showing a net positive variance to date of $1.3 million. He explained the last Section is the Compliance Section, Page 87, a report by the Village auditors of internal controls of financial reporting and compliance and other matters. He read the last line of the second paragraph: "We noted no materials involving the internal control over financial reporting and its operation that they consider to be material weaknesses, that they have to bring to their attention, as well as the results of our test disclose no incidences of non- compliance that are required to be presented to you tonight". He mentioned on Page 89 is the Management Letter, in accordance with the rules of the Auditor General, it states any recommendations made in the prior year have been implemented, and there were no current recommendations to be made to them, and item 4 says nothing came to their attention that caused them to believe that the Village was in any violation with the laws or regulations, made any illegal or improper expenditures, had improper or inadequate accounting procedures, or failed to record transactions properly. He stated on Page 90, it says the Village was not in a state of financial emergency as defined by Florida Statutes. He pointed out the page should also corrected to say 2005, not 2004. He commented • once again it was a very good year, the Village is in very good financial shape, and he thanked Village Manager Couzzo and his Staff, and Ms. JoAnn Forsythe, Finance Director and her Staff for their assistance in conducting and helping in the audit. Council Member Genco asked on Page 89, what would make up things such as inaccuracies, shortages, defilations, and instances of fraud discovered by or that came to the attention of the auditor. Mr. Chiocca commented during their tests if they noticed that a check was improperly authorized, or something like that, or there was not anything there to support it. Council Member Genco asked if that would cover fraud or would that cover the other thing. Mr. Chiocca noted it depends on what it was whether it was fraud. He commented they would have to look at the specific situation to determine if it was outright fraud, or just a mistake, or someone misstamping an invoice, or paid something by mistake. Council Member Genco asked if they saw something like that would the auditors invest it. Mr. Chiocca stated absolutely, and it would be reported to the next level, depending on where they find it, or bring it to the next level at a minimum, go through Management than to Council. Council Member Genco asked who would be responsible for telling the auditors about it. Mr. Chiocca indicated they could have discovered it or somebody in finance would tell them about it, if it occurred, or if they knew about it, or it came to their attention. Council Member Genco asked what if someone did know about it, but did not bring it to their attention. • Mr. Chiocca indicated they would be no way of doing anything about it. Council Member Genco asked if the auditors would assume that if it was the Manager, or 7 MINUTES -Village Council Regular Meeting 06/08/06 Page 8 • one of the Council people that they would be responsible to tell the auditor about it. Mr. Chiocca stated yes. Village Manager Couzzo stated the Village has to file financial forms at the end of the year, and is also interviewed by Mr. Chiocca's staff whether Staff has any knowledge, what so ever. Mr. Chiocca stated the auditors send confirmations to Staff, called related party questionnaires, whether they are aware of any, or aware that it can happen, or if they know of anything. Council Member Genco asked if someone failed to report it, and they were aware of it, what would that be. Mr. Chiocca indicated it would have to come to light somehow, and if it does not come to light nothing would happen. Council Member Genco asked if that would be malfeasance. Mr. Chiocca indicated he would expect so, but noted he is not an attorney, to ask the Village Attorney what he would think. He asked if anyone knows something. Council Member Genco stated she was curious to know what to do if she would happen to know something like that. She thanked Mr. Chiocca, and was glad to see him knowing how sick he has been. Council Member Watkins commented it is really quite impressive how the audit is run, and the Village should be very proud of it, and thanked everyone for all the hard work with the budget and keeping Council on task. She thanked Mr. Chiocca and wished him well. Mayor Humpage thanked Mr. Chiocca, and noted it was always nice to hear the Village was under budget. MOTION: Council Member Genco moved to accept the audited financial report as presented; seconded by Council Member Watkins; motion passed 4-0. 3. Presentation -Recognition of Service -Police Chief Steve Allison Mayor Humpage stated the chief has been with the Village of Tequesta for 30 years, and he remembered when Chief Allison was a dispatcher on Jupiter Island; after which he came to Tequesta as Junior Patrol Officer and eventually became the Police Chief. He felt the Village was very indebted to the Chief and the department that he put together. Mayor Humpage remembered when the Police Department was very small back then, and that Chief Allison came up through the ranks and with his efforts, the Village now has afull-fledged Police Department with Class "A" Police Officers. Mayor Humpage stated that he is indebted to the Police Chief Allison and his fine work. He explained the Council was thinking of what to give him for his service, and the Chief suggested his revolver. Mayor Humpage explained that Chief Allison is a "woodsman" of sorts: like a Davy Crocket, that he likes to explore the woods on his free time and collect all that flora and fauna. Mayor Humpage went on to describe that the Chief carries a glock, and the composition of a glock is such that there are only a few places that can engrave it. He explained that the glock is being engraved at this time with a few sentimental words from the Village of Tequesta and his badge was also being engraved. Mayor Humpage presented what he described as the "placebo gift" to Police Chief Steve Allison, adding that the gift was on behalf of a very grateful Village of Tequesta. 8 MINUTES -Village Council Regular Meeting 06/08/06 Page 9 • He expressed the Chief would be truly missed and that they may call him for advice as the Council and the Village tread through un-chartered waters. He emphasized that he was presenting to the Chief, his weapon and all the love of the Village of Tequesta. He announced the Council also had a cake to celebrate with out in the lobby. Chief Allison started by saying that he was at a loss for words, but continued to say that the 29 1/2 years went by quickly. He expressed he was extremely grateful for a chance to serve the Village of Tequesta. He mentioned the Jupiter Courier was interviewing him earlier in the week and asked him what he would miss most about the Village of Tequesta. He explained he did not hesitate to say that he will miss his friends in the community and his co-workers. He stated that his service as the Police Chief has been an honor for the past ten years, for the Council and the residents to put their trust in him for the public safety of the Village residents as far as law enforcement was concerned. He mentioned that he would hope that the flat crime rate helped drive those real estate prices up, making this a desirable community. He added that Lieutenant Morrill and others in the Police Department worked very hard and were dedicated to trying to make a difference in the community and to protect the community. He attributed his success to the Council. His peers always reminded him of how lucky he was to have a Council that always supported him and a community that supported the Police Department. He said that he was very fortunate to have had this opportunity and • the number of applications that the Village of Tequesta received in response to the job position as the Police Chief makes it evident how desirable a community like the Village of Tequesta is. He thanked Council for the 91/2 years as Chief and for the opportunity that was given to him. Mayor Humpage announced that there would be a party for the Chief at the Tequesta Country Club on the 15`h of July. He said that he didn't know the cost but if anyone would like to attend, they should contact Lieutenant Morrill at the Police Department. 4. Presentation -Hurricane Overview/Update Fire Chief James Weinand explained that the purpose of this presentation was to give an update on the hurricane preparations for the year 2006. He explained that the Village is strongly and better prepared this year than it has ever been in any other year. He stated that the Village has really made a number of accomplishments over the last couple of years. He reviewed the predictions for the upcoming season, noting it was going to be a higher than normal tropical cyclone season. He noted their forecast calls for 17 named storms, with the average as 9.6 storms, 9 hurricanes with an average of 5.9 hurricanes, and 5 major hurricanes of Category 3 or higher, with an average of 2.3 hurricanes. He commented Florida and the east coast of United States have a 94% chance of being hit by a storm this year, 69% suffering a blow from a major hurricane. • 9 MINUTES -Village Council Regular Meeting 06/08/06 Page 10 • Mayor Humpage commented he has talked with FPL on a few issues, not as far as the Village goes, but because he is an electrical contractor. He pointed out Vice Mayor Paterno would remember last year because he was without electricity when the poles up at his end got broken and was one of the last people to get power. Mayor Humpage noted he ran into Mr. Don Kieslewski the other day regarding the hurricanes last year and he commented one of the problems they had in Tequesta was the little simple fixes that they could not get fixed, because the crews were taking care of the big fixes. He asked FPL to entertain the thought, and they will get back to the Village in a week or so, and since FPL uses the Fairgrounds for a staging area for their out of state crews; he suggested it would be nice to have a couple of bucket trucks in Tequesta that could stage out of the maintenance yard after the storm was gone. He indicated this would allow these trucks to be available in this area, because they have people that could identify the problems. He noted Mr. Kieslewski will get back to the Village, and the only thing the Village would have to work out is if they stayed here on sight, was to furnish lodging, instead of them traveling 2 hours each way from the Fairgrounds. Council Member Genco suggested the Village may be able to find some residents that would be volunteers. Mayor Humpage noted they could put transformers in the maintenance yard to expedite the repairs. Vice Mayor Paterno commented Tequesta Park would also be a good spot. Mayor Humpage noted they are going to start that dialogue and try to get something up at this end of the County. • Chief Weinand asked Council to spread the word if Tequesta gets a Category 3, or larger storm people need to vacate the area. He commented the storm surge that came in during Katrina, was 6 miles deep, so they could imagine what would happen with the Intracoastal Waterway. He noted it is not so much the wind, but the water. Council Member Watkins stated another thing she would encourage the public do, since after the storm people are in line for water and ice, is that they plan ahead and get supplies for a minimum of 5 to 7 days, as they suggest, so that the residents could self sustain themselves. 5. Presentation - FEC Beautification Project Mr. Robert Garlo, Assistant Village Manager mentioned this is an update of where the Village is on this beautification project. He explained the cover memo stated all the numbers associated with the cost. He commented the next phase of the traffic signalization has been fully engineered and accepted by the County, noting there have been changes to it along the way of what had been originally discussed. He noted the cost for the installation is also included in the agenda backup book. He introduced Mr. John McWilliams from Kimley-Horn, who did the design. Mr. John McWilliams, Kimley Horn and Associates mentioned he has been serving as the traffic signal design engineer for the Village. He explained the biggest design change was to have 2 upright poles in opposite corners, with 2 arms coming off. • 10 MINUTES -Village Council Regular Meeting 06/08/06 Page 11 Mr. McWilliams commented their firm submitted the Village's design to the • County for review, and the County came back with their concerns. He pointed out the County's biggest concern was safety. He noted when they do a dual arm there is a lot more weight on the arms. He explained the arms would be longer because they have to stretch over more lanes in one direction. He commented as you widen an upright arm at the corner of an intersection, you increase the blind spot for motorist that may be making a right turn. He indicated the County was concerned that the poles would have sight distance issues, and that was one of the reasons they went with single arm poles. He indicated another reason they use single arms are because of the repairs and spare parts. He stressed the problem is the dual arms are specially designed for each intersection, and come straight from the manufacturer. He noted the County is in the process now of developing standards and stockpiling single standard arms, so if one went down during a storm it could easily come back up. He pointed out by the time you put in a larger foundation for a dual arm, and have the longer arms your cost to put in 4 single arms, instead of 2 duals is about the same. He indicated there would not be an increase by going to single arms. Mr. McWilliams asked if Council had any questions. Vice Mayor Paterno commented based on the fact that the mast arm installation would cost approximately $275,000, how much better would this system be, and how much stronger is this system than the signals already in place. Mr. McWilliams commented most people feel mast arms are more attractive, the other thing that • they found that signals on mast arms hold up a lot better in hurricanes. He noted when you have a span wire installation, there is one connection point for that section head, and that section head is about 75 pounds and 3 feet tall, and when the standard lights start swinging around in hurricane winds they tend to break off at the disconnect automatically. He commented the County for any new design is going to mast arms, simply because of the maintenance issues, because it is something that will remain after a storm. Vice Mayor Paterno asked if a wire could be placed along the bottom to keep them from swinging. Mr. McWilliams indicated there are some places that do a dual wire, one on top and one on the bottom. He noted he can not explain why the County standards to do call for that. Vice Mayor Paterno, asked him in his professional experience would that be more cost effective than the mast arms. Mr. McWilliams stated in his opinion the dual wire would be better than what the Village has currently, but commented ultimately the best installation is the mast arms. He pointed out in Miami-Dade County after Hurricane Wilma they hardly had any issues with signal heads being blown off the arms, because they were in place and structurally tight in the arm. Council Member Genco wished that someone could have provided Council with a picture of the old signalization and the proposed signalization. She commented it was her understanding that this is now the Palm Beach County standard criteria, so the Village has to follow it. Mr. McWilliams noted that was correct. Council Member Genco indicated the change was accounting for about $80,000.00 to the • cost. 11 MINUTES -Village Council Regular Meeting 06/08/06 Page 12 • Assistant Manager Garlo stated the amount in the budget was an estimated cost at the time. He commented when this project was first designed the mast arms were included and the estimate was $200,000, over a year ago, and they did not know the exact number. He stated the County has since negotiated a contract with a vendor to build these now, and that cost of $279,000. Council Member Genco commented it was about a 30% above what Council had anticipated. Mr. Garlo agreed. Council Member Genco asked if it was due to the increase in the standard. Mayor Humpage commented the County initially gave the Village the estimate. Assistant Manager Garlo stated the County provided Kimley-Horn with the opinion of probable cost. Mr. McWilliams noted the cost of $287,000 is using unit costs from pre-negotiated unit costs the County has with their installers. He explained typically throughout South Florida most signals, mast arm installations are costing anywhere between $250,000 and $350,000, so this one coming in at $287,000 in terms of the market right now is within reason. Council Member Genco indicated it was about $20,000 more than was budgeted. She noted the base must also be sturdier, and asked if that was going to affect the cost of rest of the project. Mr. McWilliams noted the dual arms require a bigger foundation, and when you go to a single arm the foundations are somewhat smaller. He pointed out the intersection will have four foundations instead of two. Council Member Genco noted it affects the landscaping of the intersection also. Mr. Garlo indicated the foundations would be smaller. Council Member Watkins • mentioned she recalls the dual arms would need a 17-foot footer, would the proposed ones be more swallow and not as deep, so it would be less expensive. Mr. McWilliams mentioned that is correct, but the difference is that 4 will be needed instead of 2. Council Member Watkins questioned whether the black dots on the page was lighting. Mr. McWilliams responded in the affirmative, stating they are going to have illuminates on top of each signal pole, so it will be very well lit. Assistant Manager Garlo stated the next step would be to get an actual hard number, and bring back to Council for an award to get the project started. He commented he would hopefully be able to do that next month. Council Member Watkins asked if the $287,000 was another estimate. Mr. Garlo stated this was a very accurate proposal of cost that the County gave Staff based on unit pricing. He noted the actual quote would come back to Council as the next step. Council Member Genco pointed out the Village may want to do this as fast as they can to lock in the price. Assistant Manager Garlo agreed, and explained the agreements with the County call for the project to be completed by December 31, 2006. He felt the funding and the timelines were all falling into place, and would bring it back to Council next month. Consensus of Council agreed. 6. Proclamation declaring the week of August 15-19, 2006 as "Florida Water, Waste-water, and Systems Operators Week" in the Village of Tequesta. 12 MINUTES -Village Council Regular Meeting 06/08/06 Page 13 Mayor Humpage declared the Week of August 7- l lth 2006 as "Florida Water, • Wastewater, and Systems Operator Week" in the Village of Tequesta. He read the proclamation, and thanked the Village's Utility employees for all their hard work. V. STANDING REPORTS VILLAGE ATTORNEY -Attorney Hawkins stated Village Manager Cuozzo and himself had been working on some issues involving Constitution Park and construction related questions associated with the work performed by Welsh Tennis. He indicated Mr. Greg Corbitt, Director of Parks and Recreation, has also been playing a role in the discussions. He noted it might be conceivable he may be back to Council with some issues on resolving a delay damage problem. He indicated there was no solution yet, and he is just reporting that has been some discussion about a delay. Council Member Genco asked what work were they contracted for. Attorney Hawkins noted the delay was for park facilities, the restrooms in the center of the park. He noted it was delayed because of materials. He noted they were discussing how to solve that problem. Council Member Genco asked if they have a failure to performance in their contract. Attorney Hawkins stated yes, they have been placed on notice, damages are accruing, and they have been working with them, and they are highly motivated to resolve the issue quickly. Council Member Genco noted Council receives Mr. Hawkins bills in the Village Manager's monthly report. She mentioned there are a couple of things regarding Mr. Basil Dalack, and the billing for Sterling Clarke. She indicated the Village also has received a bill from Mr. Guedes, Greenburg Traurig. She asked if the Manager could get together with Finance to identify costs to the Council, on a general ledger basis, so that they could keep track of how much the Village is spending. She noted one thing that Council will be doing is coming up with a budget later in the meeting. She mentioned looking at Attorney Hawkins bill, and Mr. Guedes's bill the Village is already over $20,000.00. She felt that would help everyone keep an eye on it. Attorney Hawkins explained that when the suit was imminent, they were asked to look at the allegations, and when it was filed it was assigned to Judge Middlebrooks. He noted Judge Middlebrooks conflicts himself, or recluses himself, because when Jones-Foster is involved. He stated he advised Village Manager Couzzo immediately of the matter. He stated Judge Middlebrooks does that because he is the father-in-law of one of his partners. He noted he advised Mr. Couzzo this was imminent, if they filed to depend the Village, it would create a delay. He mentioned it was concluded it was not in the Village's best interest, and that Judge Middlebrooks was a good judge for the Village. He indicated his firm did have some initial involvement. Council Member Genco indicated she was fine with that, but asked that the Village Manager past that information along, because she would like to keep track of it. Village Manager Couzzo noted finance is doing that already. VILLAGE MANAGER -None • 13 MINUTES -Village Council Regular Meeting 06/08/06 Page 14 • VI. UNFINISHED BUSINESS 7. Tequesta Drive Bridge Repairs. RESOLUTION 82-05/06 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Awarding a Change Order to Cone & Graham Inc., of West Palm Beach, Florida, in the amount of $56,669.00, for the additional repairs to the Tequesta Drive Bridge, and Appropriating additional fund balance of $56,669.00 from the General Fund #001, and Authorizing the transfer of these funds to the Capital Improvement Fund #301, Account #301- 337-653.605, to fund the additional coast of the Tequesta Drive Bridge repairs and Authorizing the Village Manager to execute the applicable change order on behalf of the Village. Assistant Village Manager Mr. Robert Garlo noted a correction in the cover memo regarding the numbers, which state $46,600.00. He noted this number has been revised and the number in the proposed Resolution is accurate at $56,600.00. He summarized the bridge repairs were done, and the FDOT post rehabilitation inspection indicated that more repairs were needed. He mentioned Staff met them and in their opinion these were things that needed to done now, and all of the information is in the report. He noted it included knocking off all the loose spalling and delamination, such as for marine safety, and to do something with the remaining steel that is currently exposed. He specified that meant coating it with • some compound that would retard it, from what happened the last time to cause those steel strands to be compromised. He explained the current contractor Cone and Graham who did the slab replacements has looked at the FDOT report and has brought a proposal to the Village to do the additional work. The original proposal that was submitted was for $46,600 which was sent to the Village Engineer, Bridge Designs, who looked at the FDOT report and asked that the Village include more work as far as doing the entire underneath of the Bridge and all the spalling, and not just the slab 2. He noted this accounted for the revision in the proposal. He said this repair would give them 5 years, and obviously they would continue to monitor it, but this was the additional work FDOT asked the Village to do. Attorney Hawkins read into the record the title of Resolution 82-05/06. MOTION: Council Member Watkins moved to approve Resolution 82-05/06; seconded by Council Member Genco; motion passed 4-0. 8. Discussion on proposed areas for street light improvements. Assistant Manager Robert Garlo mentioned the street light improvement phase was budgeted and two months ago Council approved awarding the work to Chaz Equipment that also did the water main line installation. He stated the Resolution • was to not exceed what was budgeted this year, $98,470.00, and the identified locations listed for this work. He commented when the Village got the actual 14 MINUTES -Village Council Regular Meeting 06/08/06 Page 15 • proposal from Chaz and broke it up into sections, the Village could not do the entire area for that cost. He suggested as far as locations, the Village starts in the Tequesta Garden apartments, and to go out Garden Street on to North Dover Road and continue up to Short Avenue. He noted additional money would need to be appropriated to go any farther. Mayor Humpage felt the important thing would be to do the Tequesta Garden apartments, because it is part of the elderly population, and they have been waiting. Council Member Genco noted Staff is making a recommendation out of the seven roads that they initially planned to do, to only do three of them. She mentioned she agreed with the Dover Road, but suggested in lieu of the Short Avenue and Evergreen that it would be more beneficial to greater people if the Village did Tequesta Drive and the Dover Road, and only the linkage between the two streets that would be dark. She felt that would be more light for motorized vehicles, and that would bring it $4,000.00 over budget, but aesthetically, and more people would benefit, that might be a better idea. Mr. Garlo questioned whether to include Tequesta Drive. Council Member Genco clarified do Tequesta Drive and Dover Road, just those two, and not the Garden apartments. Assistant Manager Garlo noted Tequesta Gardens is actually Garden Street and Westwood Avenue. Vice Mayor Paterno clarified Garden Street, Westwood Avenue, North Dover Road, and Short is as far as they could go with the proposal, and Evergreen and Norfolk can not. Council Member Genco felt that the Garden Apartments were along Dover Road. Mayor Humpage noted the Garden Apartments come off of Dover, that they are north of Dover. Council Member Genco noted she did not realize some of that area was public road, and would prefer to do that. Vice Mayor Paterno asked when Staff plans to do the other roads. Assistant Manager Garlo indicated that would need to be put into next years budget, and it could come back to them in the budget workshops to what extend Council would want to fund the next phase. MOTION: Council Member Watkins moved to approve moving forward with Staff's recommendation; seconded by Vice Mayor Paterno; motion passed 4-0. VII. CONSENT AGENDA All items listed under Consent Agenda are considered routine and will be enacted by one motion. There will be no separate discussion of these items unless a Village Council Member so requests, in which event the item will be removed from the Consent Agenda and considered in its normal sequence on the Agenda. Council Member Genco removed Item 11. Council Member Genco noted earlier in the meeting, Items 9 and 10 needed corrections, but were left on the Consent Agenda for approval. MOTION: Council Member Watkins moved to approve the Consent Agenda, as amended; seconded by Vice Mayor Paterno; motion passed 4-0. Therefore the following items were approved on the Consent Agenda: 15 MINUTES -Village Council Regular Meeting 06/08/06 Page 16 9. Village Council Regular Meeting Minutes May 18, 2006. 10. Village Council Workshop Meeting Minutes April 27, 2006. 12. RESOLUTION 46-05/06 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida approving a proposal from Toshiba Business Solutions for the renewal of a lease agreement and maintenance agreement for a Toshiba E-studio 600 Digital copier System for the Administration Department in the amount of $379.49 for 60 months with funds being budgeted in the General Government/Equipment Leases account #001-160- 544.301; and $145.35 for 60 months with funds being budgeted in the General Government/Office Equipment Repair and Maintenance account #001-160- 546.301, and authorizing the Village Manager to execute the lease and maintenance agreements on behalf of the Village. 13. RESOLUTION 83-05/06 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida approving a proposal from Wynn and Sons Environmental Construction, Inc. of West Palm Beach for Curb and Median repairs to Intracoastal Circle in the amount of $14,755.55 and Appropriating additional Fund Balance of $14,755.55 from the General Fund #001, and Authorizing the Transfer of these funds to Curb and Gutter Repair and Maintenance account #001-210-546.313. 14. Payment of invoice to the Town of Jupiter for the Village of Tequesta's portion for Chipping and Hauling debris during Hurricane Frances and Hurricane Jeanne charged to the Hurricane Wilma account # 001-210-549.991 Public Works - Hurricane Expense in the amount of $9,600.00. END OF CONSENT AGENDA ITEMS REMOVED FROM THE CONSENT AGENDA 11. Budget Adjustments for the month of June 2006. Council Member Genco questioned Budget Adjustment #72. She pointed out the budget for the website maintenance was basically doubling, and maintenance would cost $2,000 on an annual basis. She explained someone could have been hired on a part-time basis to do this. Village Clerk Carlisle responded that the Village had a web provider who provided a design, but there was no means for the Staff to do any changes to the website, so the web host, Silicon Coast was being paid almost $400 each month to make the changes the Village wanted, which also included web maintenance and web hosting. She indicated he was also handling • the e-mails, which had been a nightmare for the past six months-e-mails had been lost, the e-mail DNS had been pointing to different providers, and it had 16 MINUTES -Village Council Regular Meeting 06/08/06 Page 17 . been a total mess. She mentioned the Village was going to move to a new website provider at $400 a month, the same cost as existing, and discontinue with the current provider. The new web provider would cost $6,250 initially but would allow every department to change their information as needed. The Village Clerk would be the web administrator, and would know what was going on the site, and services would be increased so that citizens could go on the website if they had a problem or concern, and their comments would be sent to the proper department to respond and then report back to the web administrator that the situation was remedied. It also included on-line registration for Recreation classes. She mentioned the current provider would have to be paid $400 per month to the end of this year, September 30, 2006. Council Member Genco commented she realized it was a new issue for the Village Clerk, but for her it was the 4th or St" variety of the website and these people were apparently extremely undependable. Village Clerk Carlisle noted that had been true of the current website provider, who had changed the IP address of the Village four times in the past year, which should not be changed for probably ten years unless there was a complete update. His was aone-person business and he had been trying to do it all, and it was just not working for the Village-although the design was beautiful and the website looked great, it was very limited as to what could be done. Council Member Genco asked if the new provider was going to have to redesign everything and not use the same platform-all the visuals, graphics, etc. Ms. Carlisle responded they would use the same domain name but could not use the design because of the way the current contract was written-the current design was owned by the provider and not the Village. With the new proposal, the Village was helping create the new design, and the design would belong to the Village. Council Member Genco asked who would do this administratively, to which Village Clerk Carlisle responded she would. Council Member Genco commented the Council had just heard a couple of months ago that she needed more staff because she could not get everything done. Ms. Carlisle responded this function was generally with the Clerk's office, and it had been assigned to her, and she was trying to do the best she could with it. Ms. Carlisle explained that there would be someone in each department to make website changes. Council Member Genco commented those people would have to be trained and that would take away their time and it was not something that was easily done. Council Member Genco stated this was the fourth year in a row that the Village had changed contractors and web design, and she was not happy with the whole thing, and she would like to stop and take a look at this. She reported she had a couple of people she knew who did this and would like them to take a look at it, and they had agreed it was ridiculous. She stated she wanted stability on this website and wanted it to go to the next level, but did not want to pay funds and also have to train staff to do this-the Village was paying enough money to do this responsibly and she would be glad to help if Ms. Carlisle needed it, but she 17 MINUTES -Village Council Regular Meeting 06/08/06 Page 18 • did not want this dumped on Ms. Carlisle or on any of the other staff members to maintain. Council Member Genco stated she would like to hold this and review it again in another six months. Mayor Humpage indicated he did not want Ms. Carlisle burdened with this, but computers were not his forte. Council Member Genco expressed her opinion staff would have to go take classes in maintaining the site or would have to take a lot of time off. Ms. Carlisle explained that would not be the case-training would take place over the telephone and it was a content management system, so there would not be a lot of training like trying to learn a computer program. Council Member Genco stated she could not see paying people to do this when the Village could find a provider that should be able to do it. Village Clerk Carlisle explained that was very costly and if a local person was hired usually their area was only limited to here, instead of in another state. Council Member Genco stated the Village had hired a former council member's friend, another friend of somebody, and somebody else, and she thought it was time to stop and really look at this, because this was the fifth change, and staff was always being asked to pick up the ball and run with it, and she did not think it should continue. Vice Mayor Paterno asked if Council Member Genco was saying to take the burden off of staff by hiring another person. Council Member Genco responded no, she was not-she was saying she would like to take a look at this by looking at all the information staff was basing their decision on and review it. Vice Mayor Paterno commented he had looked into it himself to try to help out, and to find someone to do it would cost $70,000 to $80,000 a year. Council Member Genco commented she was not asking for it to be on staff. The Vice Mayor commented these people were in high demand and he understood her concerns. Council Member Genco responded she knew three people who did this for a living, and she was not saying it was cheap-she would just like to look at it. Council Member Watkins commented she hoped the goal was to get updated information more quickly onto the website since a lot of it was very stale, and she was by no means a computer expert so would have to defer to someone who knew a lot more than she did. Council Member Watkins agreed with Council Member Genco that she did not want to burden staff, but did not want to hire an $80,000 person if they were not needed, and asked Ms. Carlisle if she was comfortable with this. Village Clerk Carlisle explained there were three ways of doing this- in-house by hiring somebody, have staff do it with hosting off-site and staff making changes, or having somebody do everything for which was very costly. Council Member Genco stated you could also get your own software and IP address. Ms. Carlisle responded the Village already had all that. Council Member Genco added, you could get things you could build upon and have someone else service them, and not have these issues when changes were needed that we could not make the changes and they were not doing it, and we couldn't go to another provider because they owned the software or the program, and she was saying she wanted to get away from being held up for ransom again and not having control. Council member Genco stated she wanted to look at it, and if 18 MINUTES -Village Council Regular Meeting 06/08/06 Page 19 • Council did not want her to have the opportunity to look at it, they could voteit was up to them. Mayor Humpage asked if there was any urgency to this. Village Clerk Carlisle responded three proposals had been considered and since the cost was under $15,000 staff had been going to try to move forward and a timeline had been established, but that did not mean anything could not be adjusted. Council Member Genco commented if she looked at the website cost over the last five years, it had cost three times what was anticipated. Mayor Humpage asked how quickly Council member Genco could look at this, to which she responded by next council meeting. Village Clerk Carlisle commented that was fine, but she did state that one of the proposals had been provided by Florida League of Cities, who did websites for many cities, and one of the other proposals being considered was from Civic Plus, who had the same type of program as Florida League of Cities. Council Member Genco commented Civic Plus would not even look at it four years ago. Ms. Carlisle commented they had looked at it now and had provided a proposal, which was one of the three provided. The gentleman who was currently doing the website had provided an outrageous proposal, so the plan was to move away from him, and the other two were city-based government website providers. Vice Mayor Paterno commented he had looked at it, Council Member Genco could look at it, and he understood she wanted to look into this because it was a small amount. Council member Genco responded it was not so much that it was a small amount, but it was still not working the way it was supposed to work. Vice Mayor Paterno commented it was never going to work the way she wanted for only $10,000. Council Member Genco responded this was something that had cost three times what it should have just because none of the Council had time to look at it. Village Clerk Carlisle asked if Council would like her to bring the three proposals to the next Council meeting. Council Member Genco responded yes, and that she would like copies sent to her because this had been her pet project from day one since she first ran for Council six years ago, so she had been very close to this issue. Council Member Genco indicated that not once had any of her input been considered, which she felt to a great degree had contributed to having to repeat it so many times. Council Member Watkins asked that this be on the next agenda for action. Consensus of Council agreed this would be on the July agenda for action. Council Member Genco stated she had another question on the next page which had to do with transferring $36,000 in the utility services, and transferring to Parks & Recreation Program and Public Works out of General Government, because it looked like $75,000 was being transferred, and she did not understand what was being changed. Village Manager Couzzo explained all utilities had been grouped into General Government and this was the user's pro rata share being assigned to each one. 19 MINUTES -Village Council Regular Meeting 06/08/06 Page 20 MOTION: Council member Genco made a motion to approve item 11, excluding the website issue # 72. Vice Mayor Paterno seconded the motion, which carried by unanimous 4-0 vote. VIII. COMMUNICATIONS FROM CITIZENS Mr. David Stephens, a retired City of Stuart firefighter now living in Palm City, Florida, reported one of the three finalists for the position of Police Chief, Mr. Connolly, was also from Stuart, and had smeared his name. Mr. Stephens advised he had fought this for over a year and had not been allowed to go public by the City of Stuart, but he had filed charges with internal affairs over something and Mr. Connolly had refused it. He had been getting ready to file with the City Commission on Ethics regarding this matter against the Police Chief of Stuart and Mr. Connolly, and he felt the Village should know about this so that day he had spoken with the Tequesta Chief of Police and the Village Manager. Mr. Stephens advised that the City of Stuart had been holding rallies against police abuse and he had been on the edge of that, the ACP had contacted him, and he had a videotape that put the police in a very bad light, which was public information. IX. COMMUNICATIONS FROM COUNCIL VICE MAYOR PATERNO • He commented Tequesta had one of the highest increases in property values, and he was going to help things continue in a positive direction. He reported his eleven-year-old daughter had been talking to friends on the computer using AOL's instant messenger, when someone broke in and asked her to provide a profile and to look at another site. He displayed the site to make everyone aware of what predators were doing to lure children on the Internet, and reported he had advised the Chief of Police, who was looking into this. COUNCIL MEMBER WATKINS She commented residents had been contacting her regarding recent events in the Village, which was good, and advised that she had always encouraged residents to contact her to give input of their thoughts, and expressed her appreciation to those who had provided input. She reported she had many comments about the improvements to Constitution Park, and the palm trees going up on Old Dixie, and the residents had indicated they were grateful. COUNCIL MEMBER GENCO Boat Workshop Follow Up -She commented at the Council workshop on boats, that she thought the Council had decided on a resolution spelling out the height allowed. Village Attorney Hawkins advised there was a State statute governing • height that spelled out what was allowed absent a special permit, and he did not recall a direction to do any particular drafting. Council member Genco 20 MINUTES -Village Council Regular Meeting 06/08/06 Page 21 . commented there was a loophole in the present Village code because the height issue had not been addressed. The Village Attorney responded the statute had to be followed. Council member Genco commented that in order to enforce the height limitation a resolution was going to have to be done, and she would like that done sooner rather than later. Vice Mayor Paterno expressed his opinion it was more a definition of screening, and to him screening meant you did not see the object while to others screening meant there was screening there but you still saw the object, so his opinion differed from that of Council member Genco. Director of Community Development Harding advised you couldn't bring a boat and trailer onto a road if it was over a certain height, and the Village was looking into that Statute-the Village's ordinance did not address this but the State statute meant it could not be taken out on the road. Ms. Harding expressed her opinion that this size would not fit into people's yards. Council member Genco commented some people had big towers sticking up over 13-1/2 feet and the Council had been trying to get the height limit to be 13-1/2 feet, because right now the code could not be enforced without aclear-cut definition of height. Ms. Harding commented the term was "effectively screened", and at the workshop no real conclusion had been reached, but most of the group had felt that the towers standing up did not bother them and the citizens were not objecting to that. Ms. Harding reported she had had no complaints on the towers-the only complaints were that the gates were left open. . Council Member Watkins commented she understood that it had been left to staff to look into the possibilities of what could be incorporated into a resolution, one of which was the height issue and trailerable heights. Council Member Watkins advised that the comments she had received were that people would have an issue if they could see the hull, but they were not worried about the towers. She commented she was hoping this would not go straight to resolution because she was hoping to address the particular section to separate the RV from the boat, because a tower you could see through was one thing, but the lady who had complained she had to look at the back of the bus was an entirely a different thing to address than looking through a tuna tower. Council Member Genco asked if this would be brought back with a resolution in order to take more definitive action on it. Mayor Humpage advised it could be brought back, but he agreed with Council member Watkins that the two things should be separated, and asked that it be brought back for discussion, giving Council a copy of the State statute regarding height. Council member Genco stated she would like to get a final resolution on this so that in three years it did not come up again. Attorney Hawkins asked for clarification whether Council was asking for an ordinance or just to talk about it. Mayor Humpage responded Council wanted to talk about it before having an ordinance. Council member Genco stated if Council wanted to talk about it that was fine, but it was her understanding from . the workshop that they would be doing something on this and she was saying she would like to get that done in the next couple of months. Mayor Humpage 21 MINUTES -Village Council Regular Meeting 06/08/06 Page 22 • expressed his opinion this was not ready for a resolution, but that it should be discussed further, because he agreed with Council member Watkins that there was a difference in looking through a tuna tower and in looking at the back of a Winnebago. Community Development Director Harding advised right now both were combined, and both were permitted in side and rear yards, and they could be separated. Ms. Harding suggested going on a tour of the Village to see how many trailers or Winnebagos, etc. were parked in side yards. Mayor Humpage noted even if there were none, something should still done. Attorney Hawkins advised that any change would require an ordinance. Ms. Harding commented it would require changing the current ordinance. Attorney Hawkins commented he had heard the word "resolution" and if Council was going to talk about it in that direction they would have to create an ordinance, and asked if he was being directed to draft a proposed ordinance or come back for discussion. Mayor Humpage stated he would like to come back and discuss it for the purpose of drafting an ordinance. Council Member Genco stated she did not want the work done at the workshop to fall by the wayside, and wanted it completed. Director of Community Development Harding suggested providing Council with a copy of the State statute and a recommendation for dissecting the current ordinance and clarification on what "protection from the road" meant- whether the hull could show, the towers could show-to be more specific. • X. DEVELOPMENT MATTERS 15. Site Plan approval for an application of Royal Tequesta, LLC (Atlantis), owner of property, 734 U. S. Highway One, located west of U. S. Highway One, 500 feet south of County Line Road, for the Planned Commercial Development (PCD), consisting of 5-story maximum height condominium buildings, providing 70 total units above a two story underground parking garage and 10,000 square feet of commercial space in the C-2 Commercial District. Attorney Hawkins announced this was quasi judicial and swore approximately 8 people who intended to testify. Ex-Parte Communications: Mayor Humpage announced he had no ex-parte communications since the last disclosure, but he had greeted the applicant that evening and they had played in the same golf tournament, but had not been partners. Council member Watkins noted she had only exchanged pleasantries with the applicant this evening. Council Member Genco and Vice Mayor Paterno indicated they had no ex-parte communications. Director of Community Development Catherine Harding presented the application for Royal Tequesta LLC (Atlantis). Ms. Harding reported the project was approved on February 16, 2006 by Council as a special exception and a • conceptual plan review with a maximum 5-story north tower, with remaining buildings to be stepped down. The current plan complied with that approval. The 22 MINUTES -Village Council Regular Meeting 06/08/06 Page 23 • Planning and Zoning Board had approved the conceptual site plan on July 7, 2006. Permits and reports had been reviewed by the Community Development Department: water use permit from South Florida Water Management District; South Florida Water Management District construction and operation of a surface water management system permit; storm water management report prepared by Jeff Iravani, Consulting Engineer; State of Florida Department of Transportation driveway connection permit; Palm Beach County Department of Engineering and Public Works traffic performance standards review and approval; traffic impact report prepared by Jeff Iravani; Florida Department of Transportation drainage connection permit; Florida Scrub Jay survey for 1.3 acres of the western corner of the property prepared by Environmental Services. Ms. Harding described the plans that were included in the submittal package. She noted all comments from the Development Review Committee had been addressed by the applicant, and two conditions of approval were required: (1) The entire onsite internal roadway and parking lot improvements for the project shall be privately owned and maintained in perpetuity by the Atlantis Condominium Association; and (2) The entire stormwater management system for the project shall be privately owned and maintained in perpetuity by the Atlantis Condominium Association. The project met code and had satisfied the requirements of the Development Review Committee. Mr. George Gentile presented the project on behalf of the applicant, and announced that his son was going to be returning from Iraq in about 15 hours. Mr. Gentile reported the applicant had tried to meet all requests and requirements, and thanked Ms. Harding and the project team for working to meet those requirements. Mr. Gentile reported the project was down to 70 units from the original PCD application plans, they were still providing the 1.35 acre scrub jay preserve, doubling the open space, and providing amixed-use project with 10,000 square feet. All gates from the perimeter of the site had been removed per code requirements. Discussion had been held with the Fire and Police Chiefs regarding future bollarding off of the back driveway just for their emergency use. Other changes were addition of stop bars and stop signs, no parking signs along the entire emergency access drive, a handicap accessible location for access back into the pool area, a life safety generator which had been appropriately screened, a no parking turn around area, and the landscape plan had been coordinated with that of Casa del Sol. Mr. Gentile described the stepped down buildings, and indicated code height had been met. Attorney Terry Lewis, Lewis Longman & Walker, reported the project had been comprehensively reviewed and was in compliance with code, and had been scaled down, mitigated, and revised largely in response to comments from the Village Council and staff. Vice Mayor Paterno asked if the geological testing document needed to be • changed to conform to the present plan. Mr. Gentile responded the project was no longer at that level but that had been the original criteria and it would only 23 MINUTES -Village Council Regular Meeting 06/08/06 Page 24 • need to be changed for the building permit process. Vice Mayor Paterno indicted concern with the back loading area where tractor-trailers might block the fire lane. Mr. Gentile explained that an off-load area had been provided with ample ability to make sure it was not blocked and "no parking" signage had also been provided. The Vice Mayor asked if I2 feet of the front could. be dedicated for a future turning lane. Mr. Gentile explained that the turn lane for Publix was a 288-foot section so that the turn lane with taper would be about 130 feet and would go back into the Casa del Sol property which was already built, and he did not know if DOT would allow that or if Casa del Sol would now provide the necessary property to meet that north driveway. The Vice Mayor responded that he was also thinking for the future that as the area to the north was built up that could actually carry down past Denny's, because Publix owned all of that, and turn right onto Village, and also for people pulling out of this project, because about 10 years ago someone had been killed there. Mr. Gentile responded the problem would be that the entire project would have to go back 12 feet and would then encroach into the scrub jay area. Attorney Lewis advised that he did not see how the applicant could redesign the project just to mitigate a Publix impact. Vice Mayor Paterno commented he understood, but suggested dedicating land to the Village so that it could be done in the future if needed for safety reasons, noting the applicant might lose a couple of parking spaces. Mr. Gentile commented approval might be changed so that the • landscape buffer along U.S. One would be less than it was now, and that the parking spaces were required for the commercial project. Mayor Humpage commented the sidewalk would be affected and everything would be thrown awry. Vice Mayor Paterno responded he had no problem with the applicant parking on the land and it might never be needed or not for 50 more years, but if it were dedicated then it could be done if needed. During further discussion, Mr. Gentile advised DOT had permitted the Publix driveways, they had not requested turn lanes, there was not enough traffic to warrant a traffic light at Village Boulevard, and DOT might not permit the lane the Vice Mayor was requesting, so there were a lot of things to consider. Vice Mayor Paterno commented if the Village did not get the land now they would never get it. Mr. Ed Oliver, Project Architect, Oliver, Glidden & Spina, advised that with the underground and overhead utility lines plus accommodating the changing grade, it would mean the applicant would have less distance to access their property, and he believed such a turn lane running all the way north would create a greater safety issue for southbound traffic coming out of the commercial portion of Casa del Sol as well as the applicant's two driveways. Vice Mayor Paterno indicated if it were possible for the Village to get 12 feet that the applicant could still park on it and landscape it, but it would be available for the future. • Council Member Watkins commented this would be a wonderful asset to the Village and thanked the applicant for working with the Council to accommodate 24 MINUTES -Village Council Regular Meeting 06/08/06 Page 25 • their requests. Mr. Gentile explained the traffic flow within the project for Council member Watkins' benefit, pointed out the areas where pavers had been used, and described the water features. Council member Watkins complimented the applicant on coordinating with properties to the north and south to make it aesthetically pleasing for the Village, expressed her thanks again for working to meet all the requirements, and expressed her opinion this would be a beautiful project. Council Member Genco echoed Council member Watkins comments and indicated the Planning and Zoning Board had passed and supported the revised design. Council member Genco asked if it would be viable to be able to walk from one parking area to another, to which Mr. Gentile responded there was a public sidewalk and the applicant would add a sidewalk connection. Council member Genco commented this would be a beautiful addition to the community. Mr. Gentile advised that everything that Fire, Police, and Public Works had looked at was for safety for the residents and staff. Mayor Humpage commented the applicant had come a long way, and looking at the staff reports and working with the applicant, he thought the applicant had done a great job. Vice Mayor Paterno also expressed appreciation for a great job on a project which would add value to the community and expressed thanks for the applicant's cooperation. (Public Comment) Mr. Russell von Frank, resident of Dover Road and former Council Member, • commented he was glad to see the erroneous figures had been corrected; the north tower elevation was 29 feet, U.S. One elevation was at 14 feet, and the total elevation of the north tower would be close to 100 feet or would exceed that. MOTION: Council member Watkins made a motion to approve the site plan for the Royal Tequesta LLC (Atlantis) Planned Commercial Development located at 734 U.S. Highway One, Tequesta, Florida. Council member Genco seconded the motion, which carried by unanimous 4- 0vote. XI. NEW BUSINESS 16. RESOLUTION 84-05/06 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Appropriating Unreserved Fund Balance in General Fund #001, Increasing the 2005/2006 Legal Services Budget, account #001-140-531.310, Legal Services- Special by $50,000.00 and Authorizing the Village Manager to proceed on behalf of the Village. Village Attorney Hawkins read Resolution 84-05/06 by title. MOTION: Council member Watkins made a motion to approve Resolution 84-05/06. Council member Genco seconded the motion. During discussion of the motion, it was clarified by the Village Manager that this was in addition to money already spent. Vice Mayor Paterno • commented that after taking $30, 000 out of $50, 000 there would be $20, 000 left, and this would 25 MINUTES -Village Council Regular Meeting 06/08/06 Page 26 • cost in excess of the $S0, 000 by the time the lawsuit was done. Council member Genco expressed her opinion it would cost in excess of $80, 000. Motion carried by unanimous 4-0 vote. 17. Council consideration for an additional contribution to the Girl Scouts from account #001-100-582.800 Aid to Community Organizations. Council Member Genco commented Council received a flyer, and it sounded to her like they really needed some money for additional programs, and suggested maybe Council could give another $1,000.00 contribution. Council Member Watkins mentioned she attended the luncheon Council received an invitation for, and it was very nice. She stated they were very specific to the needs of the local campsite, and other programs. She noted as the Village has more and more young families, the girl scouts as well as the boy scouts, is such an asset to the community. She explained they really got hit hard in the hurricanes, and Council has already donated $1,000.00 to them, and hoped they could do an additional $1,000.00. Mayor Humpage stated Council has $26,200.00 left in the account. He noted Ms. Campbell was in the audience and may be back next month for additional monies. Council Member Genco commented the Boys Scouts got a lot of public money for their hurricane repairs that the Girl Scouts did not. Mayor Humpage indicated he was working at the Girl Scout camp since they are required to put in their sewering now, and it is all tore up, but should be put back in shape • in three weeks. MOTION: Council Member Watkins moved to approve to contribute an additional $1, 000.00; seconded by Council Member Genco; motion passed 4-0. Mayor Humpage noted Item 18 has been tabled from the agenda, until the July 13, 2006 Regular Council Meeting. 18. TABLED TO JULY 13, 2006 REGULAR COUNCIL MEETING Discussion and possible action for Change Orders for the new Village Hall. 19. Council consideration to schedule a date and time for a Council Workshop to discuss the Employee Compensation and Classification Study for Village Employees. Council Member Genco asked if Council has the final draft of the study. Mayor Humpage noted they have the final draft, and the PEPI study, so they have all the information. He noted Mr. Dave Evertson, Village Consultant will also be present. Village Clerk Carlisle indicated Staff was looking to have it something in June. Council Member Genco asked if it would be the end of June. Ms. Carlisle responded in the affirmative. Council Member Watkins noted her schedule was good for the last week. Council Member Genco noted she was available June 28, • 29 and 30th. Vice Mayor Paterno he was out of town this month, but June 30th could work. Village Clerk Carlisle asked what day was the 30th. Council Member 26 MINUTES -Village Council Regular Meeting 06/08/06 Page 27 • Genco indicated it was a Friday. Council Member Watkins commented the Village Manager was out of the office. Village Manager Couzzo indicated he could be available on June 30th. Mayor Humpage asked if it could be done the first week in July. Village Clerk Carlisle noted the holiday on July 4th Vice Mayor Paterno noted he would be coming in at 2:30am Friday morning. Mayor Humpage suggested 2:00 pm on Friday, June 30th. Consensus of Council agreed to June 30th, at 2:00 pm. Village Clerk Carlisle indicated they would check with Mr. Evertson's schedule to make sure he was available. XII. ANY OTHER MATTERS Council Member Genco asked that Council consider a donation for the Perry fund. Mayor Humpage stated for John Perry, Perry Institute for Marine Science. Council Member Genco pointed out he did a lot for the area. Mayor Humpage asked if Council could approve the contribution this evening, or if it needed to come back to Council at the next meeting. Attorney Hawkins stated Council could make the small contribution to Perry Institute. Council Member Genco suggested $1,000, because they do so much for the community. Mayor Humpage if Council had been over to the island. Council Member Genco stated it is fantastic. Vice Paterno noted he had never been over to the island, but has been to the place in Jupiter. Mayor Humpage stated the island is in the Bahamas, and he was an • environmental character. Council Member Genco noted it would be a contribution to the foundation. Vice Mayor Paterno noted they own a place over in the commercial park. MOTION: Council Member Genco moved to approve a contribution to the foundation in the amount of $1, 000.00 in his memory, and for all his valuable contributions to community; seconded by Council Member Watkins; motion passed 3-1, with Vice Mayor Paterno dissenting. XIII. ADJOURNMENT MOTION: Council Member Watkins moved to adjourn the meeting; seconded by Council Member Genco; motion passed 4-0. Therefore the meeting was adjourned at 10:15 p.m. Gwen Carlisle Village Clerk r~ U 27