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HomeMy WebLinkAboutMinutes_Regular_05/18/2006MINUTES VILLAGE OF TEQUESTA REGULAR VILLAGE COUNCIL MEETING TEQUESTA RECREATION CENTER THURSDAY, MAY 18, 2006 I. CALL TO ORDER AND ROLL CALL - The meeting was called to order by Mayor Jim Humpage at 7:04 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, Attorney Karen Roselli, Village Clerk Gwen Carlisle, and Department Heads. II. INVOCATION AND PLEDGE OF ALLEGIANCE Vice Mayor Paterno gave the invocation and lead 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. Council Member Genco removed Item 5 from the Consent Agenda. Village Manager Couzzo mentioned Item 4, Discussion of the Compensation and Classification Study for Village Employees was removed from the agenda at the request of the Consultant. Council Member Genco asked when the Study would come back to Council. Village Manager Couzzo indicated at the last meeting it was discussed that Council could set up individual meetings with Mr. Evertson. He mentioned Mr. Evertson would be available at the Administration offices on May 23 and May 24, 2006 to meet with Council and Staff. Motion passed 4-0. IV. PRESENTATIONS AND PROCLAMATIONS Proclamation declaring the week of May 12, 2006 and May 13, 2006 as "American Legion Auxiliary Poppy Days" in the Village of Tequesta. Mayor Humpage read for the record the Proclamation declaring the week of May 12, 2006 and May 13, 2006 as "American Legion Auxiliary Poppy Days" in the Village of Tequesta. V. STANDING REPORTS VILLAGE ATTORNEY -None Minutes -Village Council Regular Meeting 5/18/06 Page 2 • VILLAGE MANAGER Comprehensive Annual Financial Report (CAFR) - He mentioned the CAFR was filed today by the Finance Department. He indicated this yeazs filing was delayed by hurricanes, and unforeseen internal conflicts experienced by the Village auditors. He mentioned extensions were filed and approved, and the auditors will present to Council at then June 8, 2006 Regular Council Meeting agenda. Dalack vs Village of Tequesta - He announced there would be a hearing on the case Thursday, May 25, 2006 at 9:00 a.m, in Federal Court in Miami. Village Hall - He mentioned progress was being made on the interior and exterior parts of the building, and it appeazed it will be target for the end of September. Council Member Genco asked what happened in regards to the Comprehensive Annual Financial Report (CAFR). Village Manager Couzzo mentioned there were issues where our auditor was sick, and Stuart had some issues with their audit. He commented the Village was way ahead of schedule before these delays. Council • Member Genco questioned why the Village had asked for the extension. Village Manager Couzzo stated it was because of the auditors, not because of Village Staff. He commented the initial comments from the auditors were everything was gomg well. He felt Council would be very pleased when they see the State of the Village's finances. Council Member Genco asked if there would be any additional fees to the Village due to the extensions. Village Manager Couzzo indicated there would not be any fees, and the extension was for 30 days only. VI. UNFINISHED BUSINESS 2. ORDINANCE 604- SECOND READING - An Ordinance of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Deleting Section 14-151 Valuation Data Table, in Chapter 14, Article VI, Permit Fees of the Village of Tequesta Code of Ordinances; Providing for Severability; Providing for repeal of Ordinances in conflict; Providing for an effective date. Mayor Humpage opened the public hearing. Attorney Hawkins read for the record the title of Ordinance 604. Ms. Catherine Hazding, Director of Community Development mentioned this was a database table the Village used in conjunction with the older fees. She indicated the Village would now be chazging fees in a different way, with a new fee schedule. She explained this table was no longer needed as a reference point for chazging the fees. 2 Minutes -Village Council Regular Meeting 5/18/06 Page 3 • Public Comment -None MOTION: Council Member Watkins moved to approve Second Reading of Ordinance 604; seconded by Vice Mayor Paterno; motion passed 4-0. 3. ORDINANCE 605 -SECOND READING - An Ordinance of the Village Council of the Village of Tequesta, Florida, Amending the Village Code of Ordinances, Chapter 78, Article I, Section 78-4, entitled "Definitions"; Amending Chapter 78, Article VI, Division 2, Section 78-143, entitled "Schedule of Site Requirements"; Amending Chapter 78, Article VI, Division 2, Section 78-177, entitled "C-2 Community Commercial District"; Amending Chapter 78, Article VIII, "Planned Commercial Developments"; Amending Chapter 78, Article VIII, Section 78-251, entitled "Purpose and Intent"; Amending Section 78-252, entitled "Applicability of Land Development Regulations to Planned Commercial Developments"; Amending Section 78-253, entitled "Conflicts with Other Regulations"; Amending Section 78-254, entitled "Special Definitions"; Amending Section 78-255, entitled "General Requirements and Special Regulations"; Section 78-256, entitled "Property Development Regulations"; Amending Section 78-257, entitled "Design Criteria"; Amending Chapter 78, Article IX, Section 78-282, entitled "Structures that May be Exempt from Height Limitations"; Creating new Code Section 78-303 to be entitled "Visibility Triangles"; Providing for Severability; Providing for Codification; Providing for Repeal of Laws in Conflict; and Providing for an effective date. Mayor Humpage opened the public hearing. Attorney Hawkins read for the record the title of Ordinance 605. Attorney Roselli mentioned this was reviewed for first reading at the last Regular Council meeting, and the changes have been made since that time. She indicated some of the clerical errors that were in the charts have been revised, such as the minimum living area requirements, which were reduced from 1,200 square feet to 1,000 square feet; the minimum landscape open space was changed to 25%; and the minimum site area was changed to 3 contiguous acres. She explained those changes are now reflected in the text of the code and the table. She indicated another significant change was to address Council comments dealing with the ownership of the units, She read Page 15(3) Residential azeas to be subject to a declaration of covenants and restrictions. She noted regulations have been added to address Council's comments from the last meeting subjecting the residential units to community association regulations requiring membership in the community association prohibiting timeshaze use, rooming house use, hoteUmotel, apartment complex use and prohibiting the rental of units for a time period of less than six months. 3 Minutes -Village Council Regular Meeting 5/18/06 Page 4 • Attorney Roselli reviewed Page 16 (4) Parking gazages, pointing out the new language ties the parking areas to the sale of the dwelling units. She explained on Page 19, under the permitted uses, "health and fitness facility" was added, and the entire page renumbered. On Page 21, Area limitations has been deleted, and the area limitations are now 25% open space, so the 80%/20% requirement has been deleted. Mayor Humpage pointed out under Section 78-282, Structures that may be exempt from height limitations was at the discretion of the Village Council. Mayor Humpage commented when Council discussed the ownership of the units what Council was worried about they wanted to be sure the parking stayed with the unit. He noted from the last meeting Council Member Genco was quick to fmd where they have these two streets and had them put into the common area. He mentioned he went through the ordinance and thought it was Council had discussed at the last meeting. Mayor Humpage asked if the public had any comments regarding the proposed changes. He pointed out some of the sections were ambiguous so they aze trying to put it right so that everyone reads the code in the same way, and that they do not get different interpretations. Council Member Watkins mentioned she would like to go back to the issue she raised at the last meeting regazding height. She thanked Ms. Harding for her comments and letter about the height in regazds to the pazking. She explained if Council wanted subterranean pazking, which to her was aesthetically more pleasing, because there is so little property left that it seems to her Council would want the parking underground if the developer was willing to do that, so there would be more green space. She felt it would curtail the likelihood of having the building at 4 floors. She urged Council to consider leaving this alone, and leaving it at the 5 floors, with the discretion of Council at 6 stories, which it is now, rather than taking it down to 4 and 5 stories, so that maybe they could entice the developer to put the parking underground. She pointed out underground pazking is expensive to build. She felt Council should consider it now, because they are not talking about a whole lot of property that this could happen to. She noted what the Village does have she would like to see it as pretty as possible in presentation. She felt having the pazking underground would help a lot in order to accomplish the parking underground the developer would be more apt to do it if they could do at least 5 floors, with the possibility of 6 floors. Council Member Genco agreed, and pointed out the small amount of C-2 commercial area in red on the map. Mayor Humpage felt Ms. Harding made a great point that Council may want to keep as much green space as they can. He asked if Council approved this and if someone asked fora 5-story building with the pazking underground (the first level) would that count toward height. 4 Minutes -Village Council Regular Meeting 5/18!06 Page 5 . • Council Member Watkins commented it is very expensive for developers to build underground parking, so for them to recoup the expenses of doing underground parking, they are going to want an additional floor of units. Ms. Harding clarified other than the C-2 changes that is proposed, assuming the standard height is 4 stories; instead of taking the 4 stories with pazking d it if someone came in and wanted to be creative and make azkin azoun p g on grade under the building, not subterranean, then the Village would allow them an additional story, and not count the parking as a story. She noted they aze trying to be more creative, because the Village needs the green space and give the developer a better opportunity, instead of building a block building 4 stories high. She pointed out this is addressed specifically to a 4 story building. Council Member Watkins commented she was trying to encourage the developers to build the parking underground. Vice Mayor Paterno noted with this proposal would Ms. Hazding recommend increasing the minimum open green space to 50%, so that they do not cover more property with the building, since they are utilizing underground parking. He commented he would not want to see them get the extra floor because of the underground pazking, and still use the entire lot coverage. Ms. Harding stated what would happen the area that would have been designated as parking, simply would become green space. Vice Mayor . Paterno asked if it should be mandated to be green space. Ms. Hazding indicated it could be mandated if it was written into the C-2 ordinance. She mentioned the area of the building is still going to be lunrted. Vice Mayor Paterno clarified whatever azea goes under the building would need to be given back as extra green space. Ms. Harding agreed, and noted in replacement of the required pazking on the exterior of the building it would just be green space with the parking underneath the building. Vice Mayor Paterno commented an equal amount. Ms. Hazding responded yes, whatever it would have been on the outside. She pointed out the buildable area does not expand. Council Member Genco noted the Village's definition of "story", means "that portion of a building included between the upper surface of any floor, and the upper surface of the floor next above, except that the top most story shall be that portion of the building included between the upper surface of the top most floor and the ceiling or roof above". Attorney Roselli mentioned that language was being amended. Council Member Genco mentioned when she reads this, it does not exactly say basements shall not be included. Mayor Humpage read, "Any portion of the basement that is below natural grade shall not be considered as part of the overall building height". Council Member Genco explained "height", but it does not say "story", and they have a height and a story requirement, and it is not really clear, "that any portion of a basement below natural grade shall not be part of the overall building height, nor be counted towards the story requirements". 5 • • Minutes -Village Council Regular Meeting 5/18/06 Page 6 Mayor Humpage stated they aze deleting "story" in the old code. Council Member Genco explained it is not being deleted. Vice Paterno commented what would end up happening is there will be 4 stories, and you put a basement under, you can only go to the 50 feet. Council Member Genco indicated she understands, but asked does the basement count as a story. She felt by the definition of "story" it is. Ms. Harding stated the definition does not count basement as a story. Mayor Humpage pointed out it does if a portion of it is above natural grade. Ms. Hazding clarified it counts to the height but not to the story. Council Member Genco explained for example our code says they can do 5 stories, and x number of feet, a basement underground does not count towards the 5 stories. She pointed out the code does not really say that an underground basement, even though it is one story by our definition, does not count toward the 5 stories. Ms. Harding felt Attorney Roselli did address that in the definitions. Council Member Genco explained she sees that it shall not be considered part of the overall building height, but it does not say that it shall not be counted towards a story count. She suggested this, so no one can misunderstand it. Mayor Humpage suggested adding height/story on Page 4. Consensus of Council agreed. Attorney Roselli noted when speaking about Ms. Hazding's proposed change on additional height, they would only get it if they were going to put pazking on the first floor above ground. Mayor Humpage agreed that is the only way they would get it. Council Member Watkins clarified; so they have to have parking on the first floor, then the next floor would have to be commercial. Mayor Humpage commented in C-2 only. Attorney Roselli noted that would have to be changed also, because it is not addressed in the proposed ordinance. She stated the first inhabitable floor would be the second floor. Council Member Genco felt that would allow them less parking spaces on the exterior of the building, and more green space. Vice Mayor Paterno noted they would end up with a better building. Council Member Genco pointed out the Village would need to have codes about how the parking garage would be shielded. Vice Mayor Paterno commented if it is an office building it may be more appealing, but if it is a PCD, for instance, he does not find that very appealing that the commercial is basically going to be on the second floor. He stated if this was going to apply would it not apply to a strict C-2 district. Attorney Roselli pointed out the number of pazking spaces is tied to its use, so it would then depend on the use. Attorney Hawkins felt the design was going to limit this notion of putting pazking on ground level, and building above is going to limit the number of parking under the building. Attorney Roselli indicated it would work for a condominium. Vice Mayor Paterno stressed they need to keep in mind how it is going to look from all 4 sides, since they would have to be the same. 6 Minutes -Village Council Regulaz Meeting 5/18/06 Page 7 • Council Member Watkins mentioned if the developer does subterranean parking they would allow them to do 5 stories with the possibility of 6 with Council approval. Vice Mayor Paterno pointed out they aze only at 4 stories in the C-2. Council Member Watkins noted she was asking Council for an amendment. Mayor Humpage stated they would only be picking up one floor with subterranean pazking. Council Member Genco noted for example 2 floors could be parking, and 4 floors could be building. Mayor Humpage indicated this would be in a PCD. Attorney Hawkins questioned whether Council was allowing that if a subterranean garage was constructed; then Council would grant another story. Council Member Watkins clarified if they do subterranean pazking they can have defuutely 5, and with Council discretion possibly 6 stories, which is what the Village has now. Attorney Hawkins noted the incentive to the builder or developer would be to build an underground garage, which gives the Village additional green space. Mayor Humpage noted he liked everything except the 6 stories. Vice Mayor Paterno suggested do commercial only, strict C-2, and leave the PCD alone, no incentive. He commented he was not looking for an incentive for more residential, but felt they have a great opportunity with Scripps coming to the • area to pull some new tenants in these areas that get redeveloped. He felt there would be some opportunity in Tequesta for businesses. He noted in the PCD it is 4 stories, and if Council wants to give them 5 it is at then discretion, and have the incentive on the straight commercial building. He stated nothing would go above 5 stories. Council Member Watkins pointed out she would not want 6 floors of commercial. Council Member Genco commented that is what could end up. Vice Mayor Paterno noted they would stop it at 5 stories, with Council discretion. Vice Mayor Paterno clarified on the C-2 commercial they are only allowed 4 stories, if they go underground the Village will give them the 5 story, but only on C-2, and the PCD stays exactly the way it reads now, no incentive. Attorney Roselli stated that would be easier, because all the regulations about the commercial on the first floor in the PCD. Consensus of Council agreed. (Public Comments) Mr. Kevin Kinnebrew, resident of Key West Village noted he appreciated what Vice Mayor Paterno was saying. He pointed out let us not forget why these commercial people want to be here, or anyone else; it is because of the feel of this town. He noted it is human nature to go along with these folks, but do not forget the Village is a small community, and we want to keep the small town feel. He felt the incentive was to be in Tequesta in the first place, and the reason they want to be here was because of the quality that the Village has maintained. He urged Council to keep that quality in the community. 7 Minutes -Village Council Regular Meeting 5/18/06 Page 8 • Council Member Genco asked that on Page 6 and 7, she would like to add "exceptions as per Council's discretion" for clarification in the table. Attorney Hawkins suggested Council should be capitalized in that same section of the table. She mentioned on Page 8, and in the table on Page 6, the rules aze applying to a minimum lot width of 75 feet. She asked how feasible was all this with a 75 foot lot. She asked if they also needed to think about increasing the lot width, because she would hate to see something built to their specifications on a 75-foot lot. Attorney Roselli agreed, and felt portions of the table were carried over where they were not addressed in the PCD, they were just made the same as what was in the C-2. Council Member Genco asked if they needed to make an addendum to that, or propose one. Vice Mayor Paterno agreed, but noted if they were small parcels, if it was 75 feet they could only build a one story building because the pazking would be very limited, so the parking would limit what they could put on the lot. He commented it almost becomes useless at that size. Council Member Genco noted she would not want to see a stilt building with parking underneath that meets the code requirements. She noted that is what they could literally end up with. Mayor Humpage noted on the east side of U.S. One the properties the Village is annexing are little lots, such as Baldino's. Council Member Genco • agreed they are small, but she did not know how wide they are. She suggested maybe this should only apply to a lot that has a width of 125 or 150 feet, and if they can not have that width, then the Village is not going to apply this rule. Mayor Humpage stated if you aze in R-1 district you have a 75-foot lot, and if you are in R-lA you are at a 100-foot lot. Vice Mayor Paterno pointed out at a minimum. Council Member Genco suggested maybe something needed to be added that makes this a little wider. Vice Mayor Paterno asked what is the smallest lot size in C-2, the Village has right now. He stated he would hate to see the Village do something that they would not be able to do anything to their building, if they have a little lot. Council Member Genco noted they would not be able to apply this part of the code. Ms. Harding mentioned there is a buildable area on a lot. Council Member Genco commented if the Village ends up annexing those properties along U.S. One they could end up with a half dozen little buildings that look like stilt homes. Ms. Hazding explained when a lot is developed the buildable azea is what determines the size of the building that they are allowed to put up, and that gives the required setbacks. She noted it is a percentage of how much they want to leave as open space, and they could build a building like that, but they could end up with a building that would not be worth building if the lot were to small. Mayor Humpage pointed out they could only use 40% of that • lot. Council Member Genco noted the Village could end up with 25 foot building. Mayor Humpage felt if they wanted to do something like that, he could not see it being profitable. Ms. Hardmg agreed most likely not. 8 Minutes -Village Council Regular Meeting 5/18/06 Page 9 • Council Member Genco noted so Council does not feel they need to address that. Ms. Harding explained it has to be cost feasible. Mayor Humpage felt Council Member Genco brings up a valid point, but felt it would really be a struggle to have someone do that. Attorney Roselli pointed out if they look at the table on Page 6, in the C-2 there is a minimum site area of 7,500 square feet, then the minimum lot size, minimum lot width of 75 feet, and the PCD there are 3 contiguous acres, and there was nothing provided for minimum lot width, so to be consistent she added 75 feet. She pointed out, she is not saying it has to be 75 feet, and she does not want to recommend 75 feet. She explained she would defer to Ms. Hazding on that. Mayor Humpage suggested deleting it. Attorney Roselli stated if Council does not want a minimum width, it could be deleted. Council Member Genco noted it would also need to be deleted from the table, and all the other places that it is referenced. Mayor Humpage stated if they take the 7,500 square feet and the 40% they aze very much limited. He suggested deleting it from the C-2. Vice Mayor Paterno commented in the R-lA in order to build the house can not start if you are on a pie shape until there is 100 feet of width. He noted if they have to have 100 feet to build a house, 75 feet to build a business, it sounds to him like it should be higher. Mayor Humpage felt there were lots in Tequesta that were 75 feet in width. Consensus of Council agreed to leave • as is. Council Member Genco noted in the Keys is where you see a lot of stilt businesses. Vice Mayor Paterno mentioned concerns there was not sufficient pazking for some of these standalone type restaurants. He asked how the parking ties into these businesses, so they do not have a problem. Ms. Harding mentioned typically they get a parking waiver. They account for bicycles counting as one caz, two bike spaces. She indicated this is the trend. She explained to get the exact parking, unless the site is very large, they probably would not get it, and Council would have to reject a development proposal because they do not feel they can provide adequate parking. They may need to provide it in an adjacent lot, or an adjacent area, and Council would need to be comfortable that if they do have a restaurant that does not have sufficient parking that they will be able to pazk next door. Vice Mayor Paterno indicated that was a concern of his because of the lot size. Mayor Humpage noted the developer would have to come to Council for approval. Vice Mayor Paterno explained at the same time he does not want Council to give exemptions, and all of a sudden they have 3 businesses in a block spread out that are taking all the pazking up, because it happens to be 3 restaurants, then they would have a problem, and they would be pazking in the street, and in the alley. Council Member Genco stated the applicant would have to get a shared pazking agreement if they were going to use it and count towards their requirement. Mayor Humpage stated the ~~ only place they are addressing this issue is inn the C-2. Vice Mayor Paterno agreed, and noted mainly along U.S. One is where it is going to happen. 9 Minutes -Village Council Regulaz Meeting 5/18/06 Page 10 • Ms. Hazding stated the Village has a current situation with the redevelopment of a site, and Staff is encouraging them to get parking next door, and to get a lease. Vice Mayor Paterno noted if the property sales next door that they have been parking on there is no parking all of a sudden, and then the Village would have a problem. Ms. Harding stated the Village has to follow up, and track them so it does not happen. Council Member Genco noted the Village needed to make sure and get the reciprocal parking agreements and have them attached to the property. Council Member Watkins asked if there was a parking requirement per squaze foot. Ms. Hazding stated it depends on the occupancy. Mayor Humpage stated the Village has the ability they just need to enforce it. Council Member Genco pointed out Council has always been looking at that when they were developing the Bank of America and drug store, they had to make sure they had the reciprocal parking agreements with the Zuccarelli property, and it basically held up the permit until they had all of it. She pointed out Council does address it. Vice Mayor Paterno stated his concern was the standalone restaurant because of the volume of people. Council Member Genco noted the Village could end up with the situation, and Baldino's was an example, because right now they are using the empty lot, and the property next door. She • stated they do not have a reciprocal pazking agreement, and if the owner of the property that has the parking lot changes, and he decides he does not want to allow the Baldmo's customers to use the parking lot, Baldino's is going to have a problem. Mayor Humpage stressed he made his pazking under the code. Council Member Genco stated he made the count, but although Council gives them an exception, the issue that Vice Mayor Paterno was addressing which is the use, which the exception looks at all these related factors, someone that buys that property could put Baldino's into a bad situation where he does not have the parking for his customers. She felt he would have to address that on his own. Vice Mayor Paterno felt it would be the Village's problem when he goes to address it and does not have the parking, the police department and public safety. Council Member Genco noted what he may end up doing is having valet parking, and come up with some kind of agreement with the people that own the Publix parking lot. Council Member Genco felt there were solutions for it, if the Village looks at the whole thing. Vice Mayor Paterno felt the Village should not have to put in to negotiate down the road to tell them they have to do something after the fact. He felt Council needed to increase the parking requirements on this type of property. Council Member Genco stated she would rather look at the whole area as to the available pazking areas, which is what they are doing even with the new Village Hall. She noted they are looking at Gallery Square North, and other areas that would be available in . case the Village has a larger event, where they can have some overflow pazking. Vice Mayor Paterno agreed, but pointed out for an everyday thing rt does not work. 10 Minutes -Village Council Regular Meeting 5/18/06 Page 11 • Council Member Genco clarified what she was trying to say was rather than encourage additional blacktop; she would rather be more liberal as long as she knows there is available parking somewhere else. Mayor Humpage felt with the parking counts the Village uses to control for parking for any new business that comes in. He stated he understood Vice Mayor Paterno's concern, but felt it could be done by code. Council Member Watkins asked if Council agreed to eliminate the 75-foot minimum lot width in the C-2 and the PCD. Attorney Roselli stated just the PCD. Council Member Genco stated on Page 9, Purpose and intent of the PCD, she felt it was written excellent, but asked to add into the 4~' line, which ends with the word complimentary; continue the sentence and add the words complimentary "with the adjacent development and the community as a whole". She felt that was the concept behind it. She noted also on Page 9, Paragraph 2, last sentence asked if the language regarding commercial uses in the PCD should be clarified. Attorney Hawkins clarified what Attorney Roselli was meaning to say, those commercial uses which are considered special exception uses within C-2. In other words, within C-2 there are certain commercial uses that are only permitted if a special exception is granted. Council Member Genco asked if that language could be clarified in the ordinance. Attorney Roselli agreed to clarify the language. Council • Member Genco asked on Page 10, under 78-252, last sentence that language could be added "with the exception of Village Council". Attorney Roselli suggested taking out the words "building height", because it is already provided as an exception somewhere else. Consensus of Council agreed to delete "building height and". Council Member Genco noted on Page 12, first paragraph, when the Village is talking about master site plan and they also talking about applying this to the conceptual plan, or just the final approved master site plan. She questioned whether Council needed to make a distinction. Attorney Roselli stated she feels it should be master site plan. Council Member Genco asked if the master site plan the one that is filed with the County. Attorney Roselli noted the final site plan is the one that is filed with the County. She stated anytime they are going to make an amendment to the one that is recorded and filed, they have to come back to Council. Attorney Roselli noted the conceptual site plan is preliminary. Council Member Genco noted on Page 14, the language "shall comply with the majority of the criteria". She understood the applicants were to comply with all of the criteria during the site plan review. Attorney Roselli noted it was the decision of Council to require all of the criteria as listed. Council Member Genco suggested should they say the Council has the flexibility to determine that. Council Member Watkins stated it leaves the door open if • they say the majority. Vice Mayor Paterno stated the definition of majority is more than 50%. 11 Minutes -Village Council Regular Meeting 5/18/06 Page 12 • Attorney Roselli suggested revised the language to "taking into consideration the criteria listed below". Consensus of Council agreed. Council Member Genco noted on Page 16, Parking garages, she suggested adding a reference to the way the Village calculated basements under Section 78-4, definitions. She suggested adding "Basements, See: Section 78-4". Consensus of Council agreed. Also on Page 18, item (7) she felt the language was awkward and needed to be clarified. Attorney Hawkins stated they would clarify the language. She asked on Page 24, 5th line, that the work "and" be stricken, and on the 8th line the comma should be omitted. Attorney Roselli agreed. • ~~ Council Member Genco commented on Page 27, asked if Council wanted to allow commercial business to begin at 6:00 am, because they know there will be residential in the PCD. She noted she would hate to see a garage truck or a delivery at 6:00 am. Attorney Roselli noted that language was currently in the code. Council Member Watkins felt that would also be addressed in their condominium documents. Council Member Genco suggested something more reasonable such as 8:00 am. Vice Mayor Paterno questioned what if they have a small restaurant, or a bagel shop. Council Member Watkins felt this was one of those things where common sense tells you by the business, who is going to be there at 6:00 am. Mayor Humpage suggested adding the language "depending on use". He noted also Council could just leave it as is, and let it come back to Council. Council Member Genco asked if Council was allowed to make an exception on that if they state 6:00 am. She commented what she is most concerned about is the deliveries, and trucks, more than a walkup restaurant. Attorney Roselli pointed out Council could make it later in the code, and make it earlier in the approval process by waiver. Mayor Humpage agreed then Council could look at the use. Consensus of Council agreed to make it 8:00 am and give them a waiver for 6:00 am depending on the use. Council Member Genco suggested adding "trailers" to Page 27 (e) Outdoor storage. Consensus of Council agreed. She suggested on Page 28, (f) Access, add language to clarify "if it would help traffic flow" to the end of the first sentence. Vice Mayor Paterno noted his concern was that it could put a burden on the houses potentially. Attorney Roselli explained it would have to be determined by a traffic study. Mayor Humpage asked if Council would pick that up at site plan review. Attorney Hawkins agreed, and noted Council would always ask them for their traffic flow pattern, and is there a way to improve it. Council Member Genco stressed as long as people understand it. She suggested on Page 28, Section 78-257 striking the words "planned commercial developments". Consensus of Council agreed to strike "planned commercial developments". And on Page 30, item 3 (c) and (f) remove "engineer", and suggested ending it after "by the Village." Consensus of Council agreed. 12 Minutes -Village Council Regular Meeting 5/18/06 Page 13 • She noted on Page 31, Garage and refuse collection, she asked if Council would want to make statement the Council would prefer having this garage and trash removal at the rear of the property, or would that be a site plan issue. Consensus of Council agreed at the site plan approval. Vice Mayor Paterno mentioned he would be brief, since Council Member Genco caught a lot of the things he had referenced. He asked for clarified on Page 17, first story as far as commercial. He asked if a developer would be allowed to utilize the first floor for libraries, kitchens, or does it have to be strictly commercial if it is a PCD. Attorney Roselli noted it has to be commercial. Council Member Genco pointed out the definition of commercial is "an establishment which supplies commodities and services to the general public, and consumer goods". She felt that would not fit the defimition. Attorney Roselli commented it is limited to commercial. Vice Mayor Paterno indicated he was referring to Atlantis because they are utilizing some of that space. He stated when the Village says commercial it is all commercial, no exceptions. Vice Mayor Paterno felt on Page 22, it was miss numbered. Consensus of Council agreed to renumber correctly. Mayor Humpage asked for clarification on Page 17 item 5, Building use. He noted it states sidewalk level story. He felt it may not be sidewalk level, if • they put it on stilts. He asked if they could make the first floor a garage, and it would no longer be at sidewalk level and the first story would actually be commercial. He asked if that could happen. Council Member Genco noted she felt the sidewalk was anything that they could walk to from the adjacent asphalt. Ms. Harding commented the sidewalk level would be that which you would get to from the street, sidewalks and streets are connected by walkways that lead from the street. Vice Mayor Paterno asked if the 4 feet, 6 inches that counts in the overall height needs to go underground in the PCD. He felt they may have to walk up a '/z story to get into the commercial property. Council Member Genco indicated they would walk up 4 feet, so how ever many steps that would be. She stated that is a potential. Ms. Harding stated it usually relates to street level. Mayor Humpage pointed out they could have a first story that is not sidewalk level. Vice Mayor Paterno noted it could be 4 feet, 6 inches above the grade. Council Member Genco commented they are also using the word "first story", and they call the subterranean a basement. Council Member Watkins asked if this would end the zoning-in-progress. Attorney Roselli stated yes. MOTION: Council Member Watkins moved to approve the Second Reading of Ordinance 605 including changes as noted by Council; seconded Vice Mayor Paterno; motion passed 4-0. Attorney Hawkins felt Attorney Roselli did an excellent job. All members of • Council thanked Attorney Roselli. 13 Minutes -Village Council Regular Meeting 5/18/06 . Page 14 4. POSTPONED AT THE CONSULTANTS REQUEST Discussion of the Compensation and Classification Study for Village Employees. 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 5, Village Council Regular Meeting Minutes April 13, 2006. 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: 6. Planning and Zoning Meeting Minutes April 6, 2006. 7. General Employees Pension Board of Trustees Quarterly Meeting Minutes • February 16, 2006. 8. Public Safety Officers Pension Board of Trustees Quarterly Meeting Minutes February 14 2006. 9. Budget Adjustments for the month of May 2006. END OF CONSENT AGENDA ITEMS REMOVED FROM CONSENT AGENDA 5. Village Council Regular Meeting Minutes April 13, 2006. Council Member Genco removed this item for the following corrections: 1) Page 1, Roman Numeral II, Invocation, 4`" line, Delete: "for them", and 2) the last sentence of the paragraph, Delete: "and be grateful they are here", and Insert "and they are grateful for being here". In addition on Page 2, Roman Numeral IV, Add the following words between invocation and of this past week". Insert: "that the events", for the sentence to read as follows: "Council Member Genco commented as she stated in the invocation that the events of this past week have been overshadowed". • MOTION: Council Member Genco moved to approve the Minutes of the Regular Council Meeting April 13, 2005, as amended; seconded by Council Member Watkins; motion passed Q-0. 14 Minutes -Village Council Regular Meeting 5/18/06 Page 15 VIII. COMMUNICATIONS FROM CITIZENS - Ms. Dottie Campbell resident of Eastwinds Circle mentioned she had the pleasure of living on a canal in Tequesta for 35 years, and 1 %2 yeazs ago moved to a house on the River. She mentioned she can not describe how wonderful it is to live on the River, and that it is a never ending source of enjoyment and entertainment. She noted there is more enjoyment watching the bird traffic go by, but also watching the people traffic go by was interesting. She commented on Easter Sunday, she looked out and out of the people having fun on the River, this jet ski went by with 3 children, middle school age, pulling two kids on other devices. She pointed out none of them had floatation devices on. She noted a floatation device on the water is similar to a seat belt in a car. She stressed if there was a collision, and the children were not wearing the floatation it could be very serious. She pointed out the children aze bad enough, but the adults were worst. She explained anyone that gets on the River should have the common sense to make sure if anything happens they aze afloat. She indicated there was a collision last week, and especially with a jet ski, they would be thrown off. She mentioned one other item of interest is since she has lived in the house they have had three sepazate sightings of gators in the canal and the River. • She passed photos around to Council that were taken several years ago on a Canal between Tradewinds and Leeward Streets. She pointed out in the picture is a 6 %2 foot gator that has now left. She stressed they aze there, and her children thought she was mean, because during mating season she would not let them in the water. She mentioned it is now mating season again. She wanted to bring to Council's attention, and encouraged them to do what they can to inform people that this exists, whether in the Village newsletter, or whatever. She cautioned the pazents to council their children to make sure they are safe, asked that Council get the word out. - Mr. Carl Hansen, resident of River Drive, and former Council Member mentioned he was before Council this evening to talk about the Dover Ditch. He indicated the Dover Ditch is the one that forms the division between Jupiter and Tequesta. He explained when he was on Council over 10 years ago the issue of the Dover Ditch came up because someone was complaining that it smelled. He mentioned at that time Tequesta was liable to maintain the ditch, and at time had to get a contract out to dig the ditch. He noted his reason for bringing this forth this evening was to see if the Village could get some pipes put down because it is still smelly. He indicated when he was on Council Tequesta discussed it with Jupiter, because Jupiter should be part of it also. He noted Jupiter agreed they would be part of it, but then when they invited the citizens to come in for a meeting . to talk about it, the people from Jupiter that was living up against the ditch were against it. He noted because there were people against it Jupiter decided not to put the pipes down at the time. He commented 10 years have 15 Minutes -Village Council Regular Meeting 5/18/06 • Page 16 passed, and with the nice modern Village, he felt it was time to try and do something about it now. He felt the Village needed to take the initiative, because they are maintaining the ditch. He noted the dialog could start by talking to the Town of Jupiter, and to the citizens. He felt it was time Tequesta get with it, and do something about it, and urged Council to consider it. He noted at that time the Village spend more than $100,000 to clean it up. He stated he did not know if it has been cleaned up since. Council Member Genco asked if he personally has experienced any problems with the Dover Ditch, or does he know someone who has had problems. Mr. Hansen stated he does not know anyone that has had problems. He noted he does not live there, and does not have a personal agenda for getting it done. He felt it was an eyesore for the Village of Tequesta. - Mr. Kevin Kinnebrew resident of Key West Village commented he had been on the variance boazd for three years and therefore could appreciate a little bit of what the Council was now going through, and stated he hoped they would preserve the soul of this community, and reinvest in the community. Mr. Kinnebrew commented they had been trying to get their curbs repaired for some time and he wanted to make the Council aware of the problem; and let them know it was embarrassing to come into their community because the curbs had been hit by trucks and cars so many times. Due to poor design the curbs had failed and had actually been picked up and carried away, and there was only dirt there. This was at the entrance to their community. Many people thought that entrance was an entrance to the old Publix shopping center, but they were at the north end of that shopping center, and had a tendency to be lumped in with them; however, that was their property and it was Village maintenance area. Mr. Kinnebrew requested if the matter came up in the future, that the Council give a favorable opinion to repairing that curb. Mayor Humpage advised he had gone there and looked at the area Mr. Kinnebrew had described. It was clarified this was located across the street from St. Jude church right off U.S. Highway One, and the curb stuck out too far into the traffic flow. When Public had been there, trucks had used that entrance even though they were not supposed to, and had driven over the curb. Mr. Kinnebrew indicated they were thinking of pulling the curb back. Mayor Humpage advised this was not in the budget and would cost approximately $15,000, and requested that Village Manager Couzzo direct Assistant Manager Gazlo to provide backup on that so that the Council could take another look at the matter. IX. COMMUNICATIONS FROM COUNCIL COUNCIL MEMBER WATKINS . - Council member Watkins noted everyone had received a copy of the letter from Commissioner Mazcus about the initial meeting to open discussion 16 Minutes -Village Council Regular Meeting 5118/06 . Page 17 about police enforcement at Coral Cove Park and code enforcement issues. Council member Watkins expressed appreciation that Commissioner Marcus, along with her staff, had taken time to attend. Council member Watkins advised that Village Manager Couzzo, Assistant Manager Garlo, Police Chief Allison, Mike Morrow, and Community Development Director Catherine Harding had been present. Council member Watkins commented she believed this had opened a very good dialogue and it looked like the SherifFs office was going to be very receptive to granting the police powers and there would be an agreement on that; and as she had said in the letter they did have development plans to allow Tequesta to annex that property at some point in the future. It had been good to start the dialogue on code enforcement, since there were homes not in the Village that needed to be cleaned up, and Ms. Harding had made the point that the Village did not want to overburden its police force by taking this on alone. Mr. Couzzo had come up with the idea of a contract where the Village would supervise the groundwork of seeing what was needed on these properties, and the county would take over the Special Master proceedings, and he would work on drawing up a contract. Council member Watkins suggested that these items be the subject of a workshop. - Council member Watkins reported she and other residents living in Tequesta . Country Club had received a questionnaire about putting additional stop signs in Tequesta Country Club and indicating those would be paid for by the Village, which Council member Watkins questioned, since she did not remember the Council ever discussing this subject. Council member Genco recalled that Village Manager Couzzo had presented a plan to the Council approximately 15-18 months ago which would realign roads in lieu of putting in stop signs. Council member Watkins commented one stop sign had been added at El Portal and Golfview, but the Council had never discussed paying for additional stop signs in the Country Club, which she wanted on the record for clarification. - Council member Watkins commented she had been out of town and unable to attend the Police Awards dinner, and wanted to congratulate Chief Allison on receiving the Officer of the Year Award, and thanked Chief Weinand for the invitation. Council member Watkins reported she had attended the event for the Fire Department, which had been very nice. Council member Watkins announced she had received a call from Virginia Spencer, General Manager of the company Council member Watkins worked for, Illustrated Properties, who was co-chairing a fundraiser luncheon that the Girl Scouts were having on June 3`a, and the Village had already donated $1,000. Ms. Spencer had asked Council member Watkins to make another request, which could be either in this year or next year's budget. The luncheon would be held at the Kravis at 1130 a.m. on June 3`a 17 Minutes -Village Council Regular Meeting 5/18/06 Page 18 - Council member Watkins reported that for yeazs she had volunteered at the high school, and one of their big things was to have students involved in volunteering for community service, and it had always impressed her what those students had learned by volunteering their time. To expand on that, Council member Watkins suggested the possibility of starting some sort of program in the Village for Council members and senior staff to be able to devote minimal time each month to something they were keenly interested in that was a benefit to the community. Council member Watkins suggested staff volunteer time at the assisted living facility or the schools, and asked Village Manager Couzzo to work out details with her, and requested that Council think about this suggestion. COUNCIL MEMBER GENCO - Council member Genco inquired about doing safety checks on the river; however, the Village Manager explained that a serious accident had occurred with the Village's boat when it hit a dredge cable, and it was not known at this time whether the boat would be operable again. Thankfully, no one had been hurt. The Village Manager noted the Village had insurance on the boat and would find out if it was to be totaled or if it could be repaired. Council member Genco requested that when the Village had a boat • again that safety checks be done, especially on the north fork where there were a lot of kids on ski jets. Council member Genco advised that also on the north fork close to Jonathan Dickuison Park, there were alligators, and requested safety signs be posted. Village Manager Couzzo advised Wildlife would be contacted, and reported he and Chief Allison had discussed renting a boat while the Village's boat was inoperable because of more kids being out of school and on the water. Council member Genco commented she had been bringing up the issue of the Dover Ditch, which was raised by Mr. Hanson for the last five yeazs. The Loxahatchee River Preservation Initiative had offered to fund improvements for that ditch-all the Village had to do was come up with a project and a design. Village Manager Couzzo commented the Village had made considerable repairs, but Mr. Hanson was right, the people in the area did not want the project done. Council member Genco suggested contacting the Loxahatchee River Preservation Initiative to find out their suggestions to make improvements to the ditch, and if they were willing to pay for those improvements and if the Village Manager thought it was a good idea, then bring it back to the Village Council. - On the issue of preservation, which was the Coral Cove Park issue, Council member Genco reported she had asked at least twice and she knew nothing would happen quickly on this, but she was concerned whether the Village really wanted to annex the park because of the maintenance that would be required-lifeguazds, posting signs, care of the asphalt, bathroom 18 Minutes -Village Council Regulaz Meeting 5/1$/06 Page 19 maintenance, beach cleanup. Council member Genco asked that the Village Council consider this before they let the county get way out there in their planning and considering giving up this park, and then the Village might realize they did not want it because of the maintenance and the costs that would be involved. Council member Watkins agreed, and recommended this be taken to a workshop so Council could really understand the plans, and hold the workshop after more information was obtained. Council member Watkins commented she did not know whether the Village could obtain the county's plans as faz as developing the park. Village Manager Couzzo commented the county wanted to finish developing the pazk before annexation, and he thought that would be a number of years down the road. Council member Genco commented in the past the Village had had relationship issues with other governmental agencies, and one of the issues had been that the Village had not communicated what they wanted in planning for something, so she agreed with Council member Watkins that before going any further the Council should be allowed to hold a workshop. Council member Genco expressed her opinion the workshop should be held soon, since the Village did not know whether something else the county was developing depended on this annexation, and she did not want the Village Council to end up with mud on their faces if they found they did not want to annex. Council member Watkins commented also that the Village did not • want to take up the county's time before knowing what they really wanted to do. Vice Mayor Paterno asked if the park could be annexed and still have the county controlling functions of the pazk, to which Village Manager Couzzo responded in initial discussions there seemed to be a lot of support for the Village taking over the policing functions of the park. Council member Genco noted an Interlocal agreement could be done to take Gaze of that, and requested that more information be obtained regarding what services the county would still be willing to provide if the pazk were annexed into the Village, so that a workshop could be held in the neaz future. Council member Genco expressed her opinion that Commissioner Mazcus would have a ballpark idea of functions the county could continue to handle, and since they had done annexations in the past this was more of a cookie cutter for them than for the Village. Village Manager Couzzo agreed to do more investigation on this matter. - Council member Genco commented her last issue was Bermuda Terrace code enforcement, which had come up during a workshop. Initially, the concept was the county would provide money to fund code compliance in Bermuda Terrace, because the county, being so far away, had not been doing adequate code enforcement. Village Manager Couzzo reported he had suggested to the county that the Village would enforce the county's codes on a contractual basis. Council member Genco confirmed with the Village Manager that what had been discussed at the workshop was still where this was going, and stated that was all she was wondering about. Village Manager Couzzo commented in talking about this in a workshop, the 19 Minutes -Village Council Regular Meeting 5/18/06 • Page 20 Council could come up vv~th a proposal to submit to the county, possibly cost sharing on a pro-rated basis. Council member Genco agreed, commenting look at the number of housing units there and come up with a proportion. Council member Watkins commented once this got going it would not be overwhelming; it was just getting under control what was happening now. Council member Genco expressed her opinion this would be a win-win situation. Village Manager Couzzo explained that the Village would do the citations and the county would then pursue further if necessary. VICE MAYOR PATERNO - Vice Mayor Paterno commented in reference to the Village's boat, right now, realistically it would not be serviceable soon, and felt it would be an advantage to instruct the Manager to come up with a plan as quickly as possible to get a police presence for safety issues. He commented when he went out with his kids they tried to go eazly and come back before 10 a.m. before there were so many people there, and summer was coming and there would be lots of people on the water. Council member Genco noted the police personnel were supposed to spend 16 to 20 hours a week patrolling on the boat. Village Manager Couzzo explained there were 8 officers . trained to run the boat. Vice Mayor Paterno expressed his opinion that since it would be a few weeks before the boat was fixed, if it even could be fixed, that the Village needed to come up with a plan to do something in the meantime, and needed to instruct the Manager to come up with something quickly. It was confirmed the Village did have a jon-boat, but the jet ski had been surplused. Village Manager Couzzo commented he had expressed concern to Chief Allison about summer coming, and they were going to try to rent a boat or get one from another agency until it could be determined if the Village's boat could be fixed or if it would have to be totaled. Dottie Campbell noted she had seen the boat on the river at different times during the week but never on a weekend. Village Manager Couzzo advised it had been there on weekends. Village Manager Couzzo confirmed a report was filled out for boating incidents. Mrs. Campbell commented there was an enforcement problem because there were no identification numbers on jet skis. Village Manager Couzzo responded they were subject to the same requirements as other vessels and it was an enforcement issue, but this was a big river to cover in only 16-20 hours each week. Mrs. Campbell described a kite boat. Vice Mayor Paterno asked that this issue be addressed before the next Village Council meeting. The meeting recessed at 9:00 p. m. and reconvened at 9:13 p. m. • 20 Minutes -Village Council Regulaz Meeting 5/18!06 Page 21 X. NEW BUSINESS 10. Site Plan update for Constitution Pazk -Phase II Renovation Pazks and Recreation Director Greg Corbitt thanked the Council, Village Manager Couzzo, and the previous Council for allowing him the opportunity to work on a project like the one just completed. He had seen the community take ownership of the pazk and his staff take ownership of the park and enjoy working here. Mr. Corbitt advised that he and Village Manager Couzzo had discussed bringing this site plan back for review. Over a year ago the site plan had been approved, and along the way a few small changes had been made to be more functional with playground locations. Mr. Corbitt requested Council feedback at this stage before proceeding with Phase 2. Mayor Humpage reported his grandchildren loved the park, and he attended all the events there and never ceased to be amazed at how many people loved the park. He had attended the Easter Egg Hunt and 10,000 eggs had been hidden, which took 3 hours and 45 minutes. In 20 minutes they had all been found. Everything that was being done at the park was the talk of the town. Mayor Humpage commented that 5 years ago the Village did not even have a recreation department, and Mr. Corbitt was doing a great job, and he wanted it to just keep going. Council member Watkins expressed appreciation for everyone who worked on the project, commenting it was a real asset, and everyone was talking about it. Mr. Corbitt provided a brief overview: The original site plan had shown the water feature where the toddler playground was, but they had to be split up, so the water feature had had been moved. Changes that had been made were the interactive fountain had been scaled down, the bocce ball court had been removed and replaced with two exercise stations, the walking trail had been extended through the preserve on the southwest corner, berming had been moved around to provide seating, and more landscaping had been added. Vice Mayor Paterno commented Mr. Corbitt had done a wonderful job on the park and his children loved it. He would like it to continue in the direction it was going, and he did not want this project to wait, but to move along. The Vice Mayor requested the actual costs and ongoing costs for the water park, for things like chlorination, etc., and also cost of the employees required to provide maintenance, because maintenance could create future problems. The Vice Mayor commented moving the basketball court to the back was advantageous to the layout; suggested the addition of mounds but also flat areas of grass to still have space for functions. Council member Genco commented she thought the berms and slopes would actually end up functioning as seating azeas. Vice Mayor Paterno requested keeping in mind that azeas were needed to do things. Suggestions from Vice Mayor 21 Minutes -Village Council Regulaz Meeting 5/18/06 Page 22 Paterno were to move the basketball court, take up the old court and grass and berm that space, make it very tropical with lush landscaping, not to do the splash pad at this time, but put some of the money into the skate pazk- adding aslab and canvas azea to shade it, and another one or two shades on the south side. The Vice Mayor indicated a splash pad would have to have a pumping mechanism, which would mean another building of some sort and he would rather not have too many buildings. The Vice Mayor commented Mr. Corbitt had done a great job and he was very impressed. Council member Watkins commented on the difference before and after, and indicated she had been bothered since the first mention of a splash pond, because the first design had something sticking up out of the ground and she was concerned someone would run into it. Council member Watkins asked if the shading for the skate pazk would cover the area where the skating was done, or only when kids were sitting on the sides. Mr. Corbitt advised it would shade a sitting area. Council member Watkins commented she understood the splash pond was now flat and anon-slip surface, and asked how lazge it was. Mr. Corbitt advised the actual water part was very small--only about five car widths wide in each direction, and the water would hit only on the section shown in purple. The mechanics could be in a building or fenced in with a roof over-it depended on how the Village • designed it. Mr. Corbitt advised he had spoken to the former Parks and Recreation Director for the City of West Palm Beach, who reported there was maintenance and they had staffed their interactive water fountains, and the response to his question regarding a lot of people coming in from neighboring towns had been that would not be expected since the Village was rather isolated and the water feature would not be visible to traffic driving by. Mr. Corbitt reported other cities were installing these instead of swimming pools because of less maintenance, a deck monitor could be used instead of a lifeguazd to lower costs, and the county was looking into adding these at their community centers. There would be hours of operation, and during those hours if it was not being used it would shut off-a bollard would have to be touched in order to turn it on. It therefore was cost effective by not running all the time. An advantage was the azea could be used when the water feature was not running-seniors could walk the pazk and sit as they did now, in a tranquil setting. Council member Genco asked if children under the age of 10 would be allowed to participate without a parent, to which Mr. Corbitt responded, no. Council member Genco asked then why a monitor would be needed other than to make sure the children there had pazents present. Mr. Corbitt explained he was recommending a monitor so that if the Village wanted to regulate resident/non-resident and put a membership on the pazk that could • be done. The monitor would have basically the same position as now in the skate park-opening and closing it, etc. Council member Genco suggested instead a pass card on the gates, which would be simpler, and you would 22 Minutes -Village Council Regular Meeting 5/18/06 • Page 23 know who was accessing the park. Mr. Corbett indicated that could also be done. Council member Watkins asked if parents would need to sign releases. Mr. Corbett responded no-it would be almost like coming to the park and playing on the playground, it was a playground with water, and there was no standing water. Council member Watkins asked if Mr. Corbett saw this as a headache or as a good thing. Mr. Corbett commented he was in favor of anything that would make the park better for the community. Council member Genco noted the Council tonight would only be approving the concept there were some budget items, but it was primarily the concept. Council member Genco commented she liked the berming, and without the basketball court at that location there was more green space. There was a lot of space for passive seating for the concerts. Council member Genco asked about the bocce court. Mr. Corbett responded use was very sporadic, very seasonal, no summer activity, only a couple of people once in awhile, and he could not even count on both hands the number of people who had used it in the past year. Council member Genco agreed it was a waste, and asked if the people who had pushed for the bocce court had been contacted. Mr. Corbett noted he had yet to see the gentleman who had pushed the bocce court forwazd ever play there. Council member Watkins commented the court had taken up a lot of space for something that was not well used. Vice Mayor Paterno commented when he and his daughter were leaving the park a bus from Jupiter had pulled up, and he was concerned that more busses would come to use the water feature. Council member Genco advised that a pass card could be used, and if non-residents wanted to use the pazk they would have to contact Mr. Corbett. Mr. Corbett explained that was done now for the skate pazk and pavilion, and there was a policy in place for camps with rules they must follow. Council member Genco commented it was a community pazk and taxpayers were paying a lot of money to maintain it as a community park; she had no problem with other communities using it they could pay for an annual pass-and if that was done, the Village would know who was using the park. Council member Genco requested that Mr. Corbett look into doing that. Vice Mayor Paterno clarified with Council member Genco that she meant a pass card for the whole pazk. Council member Genco's suggestion was to have a cazd that would work at either gate-every resident family would be entitled to one at a possible fee of $5.00. Mr. Corbett asked if that was just for the water feature. Council member Genco stated it would be for the whole pazk and that when she lived up north her parents had keys if they wanted to use the pazk and when they lost one, her parents had to pay about $20.00 to get a new one. Vice Mayor Paterno commented he used a similaz pass cazd • system in apaztment buildings where there was a big area to get into, and he was able to control it. 23 Minutes -Village Council Regular Meeting 5/18/06 • Page 24 Council member Genco commented the Village was spending a huge amount of money on this park when one looked at the actual number of children who utilized it. Between staff, cost of improvements, and maintenance, she estimated the cost to be between $700,000-$800,000 annually. Mr. Corbitt indicated the improvements cost around $500,000 this past year, staffing and maintenance was probably another $100,000. Discussion ensued, with the conclusion it was more than that with the 3 part-time personnel and Mr. Corbitt's salaries; however, grants from the state had been received for $200,000 and $100,000. Council member Watkins commented she was having trouble with having a pass card for the whole park; if the splash pond was called a special feature like the skate park and she could see doing some sort of system, but she could not see doing the whole park. Council member Genco responded she was just throwing that idea out. Mr. Corbitt indicated he would work up numbers and bring something back. Vice Mayor Paterno asked for the ongoing cost of the splash pond with 2 part-time employees to oversee it, and the cost to hire an outside certified company for the chemicals, etc. Vice Mayor Paterno indicated he was not sure about the splash pond himself at this time; he would love to move the basketball court and berm that area to make it really nice for the people to sit and enjoy, at this point. • Council member Genco commented this was a conceptual approval, and recalled that one of her fondest childhood memories was using something very similar to this up north for three summers when she was a very young child. She noted this might be used by a younger group, than the skate park and the basketball court, but that was what a community park was all about-catering to different age groups. Council member Watkins commented that was one of the nicest features of the park-the walking path was for any age, there was the skate park, and it was a wonderful park because it addressed the whole community. She liked the concept, but had always had a little problem with the splash pond. Council member Watkins asked for not only the initial cost, but also the maintenance costs. Mr. Corbitt asked to move forward by moving the basketball court and phasing the water feature in because that would take time, making sure all the costs were in place, but in the meantime to use Vice Mayor Paterno's suggestion to grass the area and add trees. Council member Genco agreed, stating just do a conceptual with a blank spot to be filled in. Council member Watkins commented she thought the skate park was fine. Council member Genco stated that could be justified by the number of children using it, which Mr. Corbitt confirmed. • Mayor Humpage commented he knew when he talked to the young people how they felt about the splash pond. Mayor Humpage asked the Council to remember when the playgrounds were being done that areas had to be 24 Minutes -Village Council Regular Meeting 5/18/06 • Page 25 cordoned off and half the pazk could not be used for quite a long time, and asked if now when the basketball court was moved temporary grass would be installed only to be torn up when installing the splash pond. If it was going to happen it'should all be done at once and not tear the park up twice. Village Manager Couzzo responded that because of where the splash pond was located there would not be a huge grassing issue, and berms could be added just where they would not affect a future splash pond. Mayor Humpage commented new basketball courts could be built without interfering with anything, and leave the whole park open. Mr. Corbitt agreed. The Mayor advised that when the old court was being removed was the time to attack the other issue. Mr. Corbitt commented he had planned to keep the pazk open through the whole process-if the interactive fountain was added or not, the north side and the restrooms could be kept open. Village Manager Couzzo confirmed the plan was to build the new basketball court, then tear out the old one in a couple of days. Mayor Humpage stated he wanted to keep the pazk open as much as possible. Vice Mayor Paterno commented taking out the old court could be done as soon as summer camp was over. Village Manager Couzzo agreed, and advised work on the skate pazk could be finished first. Mr. Corbitt confirmed his plan was to do most of this in the fall. • l0a) RESOLUTION 76-05/06 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County Florida, Awazding a Contract to Ball Products, Inc., of Deland, Florida, in the amount of $8,081.50 fora 15' x 25' x 8' Shade Zone Cantilever Unit for the Skate Pazk from budgeted account #300-316-663.672 and Authorizing the Village Manager to execute the applicable contract on behalf of the Village. Attorney Hawkins read for the record the title of Resolution 76-05/06. Pazks & Recreation Director Corbitt noted this shaded area did not cover the skate pazk, but was an extension off the north side of the park and would be exactly where the present canopy was located. There were no poles to run into since they were all on the backside. MOTION: Council member Watkins made a motion to approve Resalution 76-05/06. Council member Genco seconded the motion, which carried by unanimous 4-0 vote. lOb) RESOLUTION 78-05/06 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County Florida, Awazding a Contract to Landscape Structures, Inc., of Delano, MN, in the amount of $15,872.36 for the Skate Wave Equipment for Constitution Skate Park from budgeted account #303-316-663.672 and Authorizing the Village Manager to execute . the contract on behalf of the Village. Attorney Hawkins read for the record the title of Resolution 78-05/06. 25 Minutes -Village Council Regular Meeting 5/18/06 • Page 26 Parks & Recreation Director Corbitt described the new items and pointed them out on a drawing, commenting the nice thing about this equipment was the capability of redesigning it every year. MOTION: Council member Watkins made a motion to approve Resolution 78-05/06. Vice Mayor Paterno seconded the motion, which carried by unanimous 4-0 vote. lOc) RESOLUTION 77-05/06 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Awarding a Contract to Regal Contractors, Inc., of West Palm Beach, Florida, in the amount of $10,725.00 for Site Work, Concrete Slabs, Installation for the Skate Park Equipment and Shade Zone Cantilever Unit for the Skate Park from budgeted account #303-316-663.672 and Authorizing the Village Manager to execute the contract on behalf of the Village. Attorney Hawkins read for the record the title of Resolution 77-05/06. Parks & Recreation Director Corbitt explained that this was for installation of all skate wave equipment, the cantilever, and the concrete slab which the cantilever covered. This contractor was a certified skate wave installer, and • had done many similar jabs. MOTION: Council member Watkins made a motion to approve Resolution 77-05/06. Council member Genco seconded the motion. During discussion of the motion, Vice Mayor Paterno commented he was interested in frnding out about putting one of the shades on the south side to help shade part of the actual skate park to make it more useful for the children. It might be dressed up by d~erent colored canvases, and at the same time provide more use by having part of the skate area covered. The Vice Mayor noted this was an item for discussion, after getting the costs involved. Mr. Corbitt advised he would look into this. Motion carried by unanimous 4-0 vote. Mayor Humpage commented the new basketball courts were going to be located close to the west property line, and because there would be significantly more noise from the basketballs that would affect residents west of the park, he suggested placing berms there along with trees. Village Manager Couzzo commented this court would be for younger children to use, and Mr. Corbitt indicated that berms could be done. Mr. Corbitt noted he had spoken to one of the residents, and he always kept those residents in Tequesta Gardens advised of what he was doing. Vice Mayor Paterno suggested extending the PVC fence to that area and adding trees, possibly some big coconut trees to shield noise at the top, and then add the berm, which would be more noise protection. This would remove the present chain link fence. Council member Genco commented that was a good long- term item to look at, but buffering was better accomplished with plant material than anything. 26 Minutes -Village Council Regular Meeting 5/18/06 Page 27 Mr. Corbitt advised the resident he had spoken to loved looking through the chain link fence into the park, but wanted more trees because pines were lost each year. Mayor Humpage commented the berms that had been installed in Tequesta Park were huge. The Mayor stated he wanted to be considerate of the neighbors, the park would become more noisy with increased use, and he wanted to keep everybody happy. Mr. Corbitt noted a lot of kids 7 to 13 years old were very happy about the new equipment, and invited Council to attend the skate contest this Saturday at 1 p.m. 11. Council appointment of Planning and Zoning Advisory Board "Regular Member" for athree-year term. Village Clerk Gwen Carlisle reported that William Wilder, along-time member of the Planning and Zoning Board, had moved out of state, creating a vacancy. There were three candidates who had responded to the advertising in Smoke Signals for a new member. Vice Mayor Paterno nominated Royce Hood from the list of candidates. Council member Watkins stated she would second that. Council member Watkins reported Mr. Hood had experience, and he was young and very enthusiastic about living in the Village and working with the Village. • Council member Genco noted Mr. Hood had a real estate license, was aggressive, and hopefully would stay here a long time. Consensus of Council was to appoint Royce Hood to fill the vacant seat on the Planning and Zoning Advisory Board. 12. Council appointment of a "Resident Member" to Public Safety Officers Pension Board for atwo-year term. Village Clerk Gwen Carlisle reported that Council member Genco had been the resident member on the Public Safety Officers' Pension Board and her resignation was on file. Ms. Carlisle commented it was Village Council who makes the resident appointment, and the Board really had no say as to who was appointed to this position; however, they had looked at the applications and were recommending that Kevin Pittman receive the appointment. Council member Genco reported the board had reviewed the applications and she concurred with their recommendation. Vice Mayor Paterno agreed, but stated Mr. Rhodes would be good also. It was noted there were a lot of good candidates and it was good to have a choice. MOTION: Council member Genco made a motion to appoint Mr. Kevin Pittman as resident member of the Public Safety Officers' Pension board. Council member Watkins seconded the motion, which carried by unanimous 4-0 vote. • 27 Minutes -Village Council Regular Meeting 5/18/06 • Page 28 13. Council discussion to schedule a date and topic for the next Council Workshop. Village Clerk Carlisle referred to the page provided in the Council packets which listed workshop topics, and asked for Council's decision on the next workshop date and time. Mayor Humpage commented Mrs. Campbell was present tonight, and she had wanted to work on the 50th anniversary. Mayor Humpage reported he had seen some of Mrs. Campbell's collection from the 25th anniversary, and if she came close to that with the 50th, the Village would need another van to get it on site. Council member Watkins commented a workshop was also needed for the code enforcement issue in Coral Cove Park. Mayor Humpage agreed, but commented he wanted Mrs. Campbell to be able to get started. Council member Genco suggested since the 50th anniversary would not be as much of an issue, perhaps two or three subjects could be handled in one workshop. Village Manager Couzzo suggested setting a time frame in order to accomplish more. Mayor Humpage commented the permitting and impact fees had been considered and were now under control, so that topic could be omitted. Discussion ensued. Vice Mayor Paterno advised there might be other permitting items that had • not been discussed, such as for trucks. Village Clerk Carlisle clarified for the record that public input was not taken during a workshop. Mrs. Campbell indicated she could provide a rough draft of what could be done for the 50th anniversary, with supporting information of what was done at the 25th anniversary and what could be done now, in a 10-minute presentation, and she would like Mr. Corbitt to be present. It was clarified that the permitting and impact fee subject was for trucks, police type things, and not Community Development, since that had already been taken care of. Consensus was to title this topic Licensing. The length of the workshop was discussed-whether to break it up by holding a session in the morning and a session in the evening, or to have it all in the evening. Beginning at 5 p.m. and ending at 8 p.m. seemed to work best for the majority of Council. Consensus of Council was to hold a workshop Tuesday, June 6 from 5 p.m. to 8 p.m., on the following items: 1) Licensing, 2) 50th Anniversary, 3) Golf Carts, and 4) Other Related Matters. Village Clerk Carlisle was asked to send an e-mail confirmation to Council. 14. Council designation of Members to Various Governmental Assemblies. During discussion, Mayor Humpage indicated he would like to be representative for the PBC Intergovernmental Coordination Program, and Vice Mayor Paterno indicated he would be the alternate. Council member • Watkins advised she tried to let Village Clerk Carlisle know when she was unable to attend the Palm Beach County League of Cities meeting so that the Village Clerk could send a notice to Council in case another member 28 Minutes -Village Council Regulaz Meeting 5/18/06 • Page 29 could attend. It was clarified that NAMAC had not met m three years, so that would be removed from the list. For Northern Palm Beaches Cultural Alliance, the Village Manager or his designee was appointed as primary representative, with the understanding that when the invitation was received a notice could go out to Council in case a Council member could attend. It was decided to check with Mr. Holton to see if he was still attending the Palm Beach Countywide Coastal Council. Loxahatchee Council of Governments was eliminated since no notices had been received of meetings since Council member Genco had been on the Council. Council member Watkins noted she had attended some of the boazd meetings of the JTJC Chamber. The updated table of Representation on Governmental Assemblies follows: 2006 GOVERNMENTAL ASSEMBLIES' REPRESENTATION • Governmental Assembly Representative Alternate Palm Beach County Pat Watkins "Notice to Council" League of Cities Palm Beach Countywide John H. Holton Jim Humpage Coastal Council Loxahatchee River Mgt. Catherine Harding Susan Kennedy - Coordinating Council - Approved by VC Approved by VC 02/17/05 04/13/06 PBC Intergovernmental Jim Humpage Tom Paterno Coordination Pro am Northern Palm Beaches Village Manager "Notice to Council" Cultural Alliance or his designee JTJB Chamber Regular Pat Watkins Jim Humpage Member XI. ANY OTHER MATTERS Vice Mayor Paterno brought up the subject of preservation of waterfront properties as far as density. The Vice Mayor explained there were some lazge lots on the waterfront and in the past, concerns had been expressed when property was developed and subdivided down to 12,000 squaze feet, which he would like to see protection against in new platting. Council member Genco commented she was fairly certain the Council had done something on that so that a lot line could not be moved from where it was originally platted. There had been a situation where the Village could do nothing because they did not have a regulation, and she thought they had corrected that. Vice Mayor Paterno indicated there were some big properties that were going to be developed. Council member Genco asked to check on that, because she was almost certain something had already been done that said • the lot line could not be moved. Council member Watkins agreed that was a good thing to watch. The Village Manager indicated staff would look at that and notify Council. 29 Minutes -Village Council Regular Meeting 5/18/06 Page 30 Vice Mayor Paterno commented a lot of people were getting new roofs, and suggested for hurricane storm protection to change the requirements for roofing material to tin and tile, which were more superior, and eliminate cedaz shake and asphalt shingles. The Vice Mayor commented the tin and file would be more superior in a hurricane. Council member Watkins noted some people might not be able to afford to do that. Council member Genco commented there was no question that tin and file were more superior in astorm-aesthetically it would be nicer, safety wise it would be nicer, but that was an issue between the individuals and their insurance company, and it was almost double the expense. Vice Mayor Paterno commented it could be done in specific azeas, to which Council member Watkins responded it was already in some areas and was either in homeowners' association documents or not, and that was not something the Council could legislate. Vice Mayor Paterno commented in Miami Shores they legislated roofs must be file or tin, and even if you had shingles you had to change. They were trying to do two things-appearance and hurricane safety. Council member Genco commented that would have to be done on a code basis throughout the Village in order to do that, which would require public hearings, and asked if the public would have to vote on that. Attorney Hawkins responded that his firm had done that for the Town of • Gulfstream by creating a number of design criteria including roof material, and it was very involved. Public vote was not required, but there had to be a lot of public hearings. Council member Genco noted only about a quarter of the community would be in a position that they could comply, and she believed it would be a major hardship for three-quarters of the community. Council member Genco commented the Council must look at the whole community; if the homeowner associations had that authority and they wished to change something like that, then her suggestion would be that would be the way to approach it. Mayor Humpage commented he did not want to get into that. Vice Mayor Paterno commented he was just bringing up things that he believed should be brought up, rather than not speaking about things. Council member Genco stated she was all for it from a safety perspective but that was as far as she could go. XII. ADJOURNMENT MOTION: Council member Watkins moved to adjourn the meeting; Council member Geneo seconded the motion, which carried by unanimous 4-0 vote. Therefore, the meeting was adjourned at 10:22 p.m. C~ Gwen E. Cazlisle Village Clerk 30