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HomeMy WebLinkAboutMinutes_Regular_04/13/2006MINUTES VILLAGE OF TEQUESTA REGULAR VILLAGE COUNCIL MEETING TEQUESTA RECREATION CENTER THURSDAY, APRIL 13, 2006 I. CALL TO ORDER AND ROLL CALL - 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 Pat Watkins, Council Member Geraldine A. Genco, and Council Member Tom Paterno. 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 Council Member Genco mentioned it was an honor this evening for her to have the ability to give the invocation. She indicated this past week has been rather hectic for the Village of Tequesta, because the Village code has been attacked. She explained it is an honor to serve the Village, and they serve it in a non- political manner. She mentioned she fully respects anyone's right to wish for peace in this world, and to wish that our governments got along better with the people. She commented what has happened has taken away from their purpose of being here this evening. She commented she hoped everyone would conduct themselves in a very peaceful, and professional manner, and that they thank the lord, whoever it might be, and they are grateful for being here. Mayor Humpage led in the pledge of allegiance to the flag. III. COUNCIL OATHS OF OFFICE Village Manager Couzzo performed the Oaths of Office to: Seat 1 -Geraldine A. Genco Seat 3 -Jim Humpage Mayor Humpage explained he was aware that Mr. Basil E. Dalack does not choose to take the Oath of Office for Seat 5. Mr. Dalack mentioned he has something that could work this out, if Council would let him read it. He indicated he would provide everyone with a copy. Attorney Hawkins pointed out that Mr. Dalack has to take the Oath now, or that he could comment at the appropriate time for citizens. Mr. Dalack noted it was not a comment, he was submitting an oath he could take, and it is in accordance with the principles set forth in the order of the Court yesterday. He mentioned if Council would take a look at it, they might be able to work something out. Mayor Humpage asked Mr. Dalack if the oath that he wanted to repeat was the identical oath that is in the Village Charter. Minutes -Village Council Regular Meeting 04/13/06 Page 2 Mr. Dalack stated it was not. Mayor Humpage indicated then he could not take it. Mr. Dalack asked if they would listen to reason, and asked if Council wanted to try and work this out~eacefully. Mayor Humpage stressed they continue to have these things at the 12 hour. Mr. Dalack stated he is proposing peace, and if they want to talk peace, let's do it, if they do not, it is their right. Mayor Humpage pointed out he is going to stay with oath as it appears in the Charter. Mr. Dalack stated they could chose peace, or they could choose to carry this on. Consensus of Council agreed they would choose the Village Charter. Attorney Hawkins stated this is over, and that Mr. Dalack was only entitled to take one oath. He stated the people of Tequesta adopted the Oath, and it was not the Mayor's option. IV. REMARKS OF INCOMING COUNCIL MEMBERS Seat 1-Geraldine A. Genco Council Member Genco commented as she stated in the invocation that the events of this past week has been overshadowed; She mentioned she is very proud to be serving the Village for another 2-year term. She believed not only herself, but that her follow Council Members have worked well as a team, and that they have come up with a lot of projects and items that have benefited the Village, the infrastructure, the administration, and is looking forward to doing more of the same for the next two years. Mayor Humpage thanked Council Member Genco. Seat 3 -Jim Humpage Mayor Humpage commented he appreciates the Council he works with, and that he intends to abide by the Charter of the Village. He pointed out the most important people he must consider is the people before him, and it is his job to do the best that he can for their quality of life, and that is why he is here. He stated to those folks that were not her; he would stay to them Jim Humpage is in their court. He thanked everyone. V. APPROVAL OF AGENDA MOTION: Vice Mayor Watkins moved to approve the agenda, as amended; seconded by Council Member Paterno. Council Member Paterno removed Consent Agenda Items 14 and 15, and asked that Regular Agenda Item 29, regarding Town Hall Meetings be deleted entirely from the agenda this evening. Council Member Genco asked why Council Member Paterno wanted to delete Item 29. Vice Mayor Watkins felt Council did not need to discuss the item this evening. Mayor Humpage agreed, and felt it should be put on a lighter agenda. Consensus of Council agreed to delete Item 29. Vice Mayor Watkins removed Item 6 from the Consent Agenda. 2 Minutes -Village Council Regular Meeting 04/13/06 Page 3 Motion passed 4-0. VI. VILLAGE COUNCIL REORGANIZATION Election of Officers for the following year: a. Mayor Vice Mayor Watkins nominated Jim Humpage for Mayor. She commented she sincerely feels the Mayor position is one that should be supported unless there is a reason not to. She stated he has done an outstanding job. She noted this year the Village has had a lot of difficult issues. She stated with him out there, the residents respond to him very well, and he devotes 150% to the job, and she is proud to nominate him. Mayor Humpage thanked Vice Mayor Watkins. Mayor Humpage asked if there were any other nominations; their being none a motion was made. MOTION: Vice Mayor Watkins moved to close the nominations, and elect Jim Humpage as Mayor for the following year; seconded by Council Member Paterno; motion passed 4-0. b. Vice Mayor Mayor Humpage commented it is his intent, and he has always said he is a two- term person, and at the end of this term he will probably fade away. He commented he would still be present all the time. He suggested Council needs to consider having someone groomed up to the position. He commented he has struggled with his decision, and does not know where the Vice Mayor would like to go in the future, since she is a new grandmother. Vice Mayor Watkins stated she is fine with any job on Council. Mayor Humpage felt perhaps Council should give Council Member Paterno the nomination for Vice Mayor. He nominated Council Member Paterno for Vice Mayor. Council Member Genco commented she was glad Council was taking a junior member, and making them a Vice Mayor, and then hopefully they will be groomed for the Mayor. She hoped that was something Council would consider for the future. Mayor Humpage agreed that was a great idea. Mayor Humpage asked if there were any other nominations. Their being none a motion was made. MOTION: Vice Mayor Watkins moved to close the nomination, and elect Tom Paterno as Vice Mayor for the following year; seconded by Mayor Humpage; motion passed 4-0. 3 Minutes -Village Council Regular Meeting 04/13/06 Page 4 • VII. PRESENTATIONS AND PROCLAMATIONS 1. Proclamation declaring the week of April 24-28, 2006 as "Victims Rights Week" in the Village of Tequesta. Mayor Humpage declared the week of April 24-28, 2006 as "Victims Rights Week" in the Village of Tequesta. 2. Proclamation declaring the week of April 9-15, 2006 as "Public Safety Telecommunications Week" in the Village of Tequesta. Mayor Humpage commented the Police Department Communications Officers were present to accept the Proclamation. He asked them to come forward to the podium. Mayor Humpage read for the record the Proclamation in its entirety. He thanked the Communication Officers for all their hard work, especially during the hurricanes, and presented them with a plaque. 3. Proclamation declaring the Month of April 2006 as "Water Conservation Month" in the Village of Tequesta. • Mayor Humpage declared the month of April 2006 as "Water Conservation Month" in the Village of Tequesta. VIII. STANDING REPORTS VILLAGE ATTORNEY -None VILLAGE MANAGER -None IX. UNFINISHED BUSINESS 4. Tequesta Drive Bridge -Discussion and possible action regarding posting speed limit/weight limits on Tequesta Drive Bridge. Mayor Humpage commented he was glad to see the bridge now open. He explained what Council has before them is a discussion item of what Council would like to see occur on the bridge. He pointed out Council has been provided with a report from the State which reflects the strength of the bridge, as far as the State is concerned. He explained it gives them recommendations toward the weight and speed limits. • Council Member Watkins stated she would like to see the speed limit back to 30 mph. She mentioned as to the weight, Council's primary concern has been getting the school buses and fire equipment across the bridge. 4 Minutes -Village Council Regular Meeting 04/13/06 Page 5 She stated she would like to hear Council's comments, and understands • the concerns about the through truck traffic in the Village. She questioned whether Council would want to allow the school buses and the fire trucks at their weight, and keep it at 5 tons, or would Council want to do something other with the tonnage as the permanent to allow others. She felt that would be hard for the police to enforce, and would just assume find a good tonnage to allow, and leave it at that. Council Member Genco mentioned she was a little concerned, but stated she would like to allow the fire rescue, and the school buses, if possible. She indicated the reason she was still concerned was because the Village needed to do other repairs on the bridge, and the other side of the bridge also needed quite a bit of work. She pointed out they were told the bridge it is not in the best of shape, and that the heavier weight limits would cause it to degrade quicker. She explained she was very concerned about putting the tonnage up to whatever the maximum is. She mentioned she was not sure if the legal staff has had a chance to review this, and allow the Village to give an exemption to school buses and fire rescue equipment, and keep the tonnage down for all other vehicle traffic. She pointed out if the Village ends up allowing the heavier weight, then it would give out faster, and it may give out quicker then what Council would like. Council Member Genco stated she would like to see the Village do a five- year plan. towards developing plans for a new bridge. She felt that would • give the Village the opportunity to save the money towards that purpose. She stated she wanted to make sure the bridge lasts at least the five years. Vice Mayor Paterno stated he would concur with Council Member Watkins in reference to the speed. He commented in reference to the weight he sort of goes along with Council Member Genco. He commented in his understanding from different engineers, and different people, if the Village puts more weight on the bridge it is going to deteriorate quicker. He mentioned he was hoping that maybe the Village could fix Section 2 and 4, and some other things, and then he found out there is also problems with the seawall that needed to be addressed at some point. He noted in order to fix the bridge it would have to come out, because they can not put the pilings down, because the bridge is in the way to put new ones in. He commented in order to get as much longevity out of it, in order to save the funds to build the bridge; he stated he would like to make a motion. MOTION: Vice Mayor Paterno moved to approve the return of the speed limit to 30 mph, and keep the tonnage at S tons, and make an exception for the school buses, and emergency vehicles only. Mayor Humpage stated one thing with this Council is that they have tried to pay as they go, then to take from the Village reserves. Council Member Genco questioned whether Council could make the exception for one group of people on the tonnage, or if they would be faced with someone suing the Village. Attorney Hawkins • stated if the engineers support it, and noted he could not guarantee that the Village would Minutes -Village Council Regular Meeting 04/13/06 Page 6 not be sued. Council Member Genco pointed out it is reasonable to do that because the • Village owns the bridge, and because they have a purpose. Attorney Hawkins commented it is a valid question. He noted if the Village has engineering support that justifies the proposal, then he felt the Village could do it, and keep it with the Village's police powers. Attorney Hawkins stated there is no guarantee there would not be a claim. Council Member Genco felt it was a viable reason, and that it is supported. Council Member Genco seconded the motion. Mayor Humpage pointed out all the members on Council have always tried to pay as they go. He indicated he happened to walk into Village Hall when Staff was having a meeting with the Department of Transportation (DOT) people and the Village does have some repairs that need to be done. He stated instead of taking the money from Reserves, if the Village is frugal with their budgets for the next 5 years, Council could budget funds and do the repairs. He pointed out the more stress this bridge is put under the quicker it will fail. He felt the Village needed to be guarded, so they would not have to expend another $350,000, and have it occur or be inconvenienced by another failure in the bridge. He indicated although there is a motion on the floor for 5 tons, some of the residents were concerned when they pull their boats and try to get them out. He suggested leaving the speed at 30mph, but taking the tonnage to 10 tons. He explained that would allow the basic travel for every citizen to move some of the personal items, but prevent concrete trucks, garbage trucks, and • moving vans, etc. He stated he was ok with 5 tons, but felt 10 tons would give the citizens more leeway. Council Member Watkins stated she would appreciate it, because if Council was going to vote to leave it at 5 tons, she would have to vote no. She stated the only reason she would vote no was because she has a neighbor who is a handyman and he can not bring his truck over the bridge. She explained it is not a big truck, nor double axle, but he can not even do his business reasonably with his truck. She pointed out she is trying to accommodate someone who lives on the other side to be able to reasonably do their daily lives. She felt if the tonnage went to 10 tons she did not believe that it would seriously compromise the bridge any worst than it is. She hoped everyone realized they are on a 5-year plan to build a new bridge. She wanted Council to try and accommodate the best they could. Attorney Hawkins mentioned he could see everyone was struggling to make the best decision based on the data that was provided, and the burden on the citizens. He suggested that whatever they ultimately vote on, Council should put a caveat that administratively it will be assessed within 3 months to determine whether the warranted travel, that Council would be permitting in the motion, appeared to be causing a problem. He stated they can then assess it in 3 months, or whatever time the Manager deems to be appropriate. He urged 3 months, and they could reevaluate • then. 6 Minutes -Village Council Regular Meeting 04/13/06 Page 7 Council Member Genco asked if there was any way the Village could put • some kind of device on the bridge to know what the weight was, because a 10 ton vehicle is a lot harder to distinguish from a 15 ton. She pointed out the vehicles would typically look very similar. She commented also the police officers are going to have to make judgment calls, and it would be very difficult for them to know what the weight of the vehicle is. She felt keeping it at 5 tons was very easy, because it was going to basically be vehicle traffic. She stated if they go with 10 tons, except the school buses and emergency vehicles, the Village needed to have a mechanism to enforce it. Vice Mayor Paterno commented in reference to that there is new technology available today as far as cameras. He mentioned there is a local company that has the technology that can actually run the license plate, and within 5 seconds to be able to tell if there was a warrant on the person that owned the vehicle, and at the same time be able to check the tonnage of the truck by the plate. He explained it is new technology, and the company would be willing to do a temporary study, if Council wanted them to, where they would install the equipment for the Village to use as a trial for $3,000. He pointed out with $1,500 of it being refundable to the Village if they brought the system and applied towards the purchase, and then the Village would own it. • Council Member Genco questioned how the Village was going to enforce it. Mayor Humpage stated that was the problem. Vice Mayor Paterno stated the Police Department would send warnings to those people. Council Member Genco noted Staff could also check to see if they needed an occupational license. Vice Mayor Paterno stated the Village could do many things with the system. He explained that is the only option, without having to have someone sitting there. Council Member Watkins questioned whether it would be so difficult to enforce at 10 tons instead of 5 tons. She asked if there would be a good place to put a tonnage amount. Village Manager Couzzo stated all the vehicles have a gross vehicle weight. The officer would have to pull the vehicle over, which they have done, and check the gross vehicle weight to see if it exceeded the posted vehicle weight. He stated the predicament is more having somebody there when the vehicle goes over the Bridge. He pointed out the police department did it one morning, and within 1 %2 hours had 12 trucks pulled over. He mentioned his concern was after they left, what happened. Mayor Humpage felt Council was all on the same page that they wanted the bridge to last 5 or 6 more years, so the Village could fund the complete repair of it. He stated Council was ok with the 30 mph. He commented in talking to the DOT people, the biggest problem that this bridge faces is the vibration caused by the larger vehicles. • 7 Minutes -Village Council Regular Meeting 04/13/06 Page 8 Mayor Humpage indicated he would have difficulty supporting 5 tons, and • would like to see it at 10 tons, because it lets the citizens move their personal belongings (their boats and recreational vehicles) across the bridge. He commented it would definitely inhibit any moving van, any concrete truck, or any major truck that could cause damage. Council Member Paterno suggested looking at the big picture and the traffic control of the area. He felt 5 tons actually helped the Village by putting some of the burden on Martin County, who has had their residents use Tequesta roads as a through street. He felt it redistributed the traffic probably more equitably, and some of his neighbors have said they have noticed fewer commercial through trucks coming through their neighbor. He pointed out this was an opportunity to possibly handle both items at the same time, with the 5 ton limit, and it would be easy to enforce, because it was basically passenger vehicles, and Village residents. He mentioned he had not heard any complaints about anyone having to use Island Way. Council Member Genco asked what if the Village had it for local traffic only. She mentioned the Village could post it and enforce local traffic only, no through traffic, which would get rid on a lot of the commercial vehicles, and no vehicles over 10 tons. She commented that way it would be easy to distinguish by having that kind of posting. Mayor Humpage commented he was fine with that. Vice Mayor Paterno asked how the Village was going to distinguish through traffic or enforce it. He suggested • it might be harder to enforce it, than differencing between 5 tons and 10 tons. Council Member Genco stated through traffic would be easily identified by a commercial vehicle. Mayor Humpage commented the police can not be everywhere, but a police officer who sees a Rooms to Go truck on the other side of the bridge going into Turtle Creek, that is through traffic. He felt it was an enforcement issue, and they can not take the police and have them only do traffic for the rest of the three months. Vice Mayor Paterno asked if the Chief had an opinion on which way would be easier to enforce the 5 ton versus the 10 ton limits. Police Chief Steve Allison commented the Village all ready has an ordinance for through trucks, which is 5000 pounds. He asked if the ordinance would need to be amended based on the Council action this evening in order to enforce this. Attorney Hawkins stated they would need to amend the ordinance. Council Member Genco commented the issue was not so much the ordinance, but through traffic. She asked if it would be a problem for the police officers to identify the difference between commercial vehicles and residents. Chief Allison noted the way the ordinance was written now, with through traffic the vehicle has to be followed just about out of town before the police could make the stop. Council Member Genco agreed that could be a problem for the police. Vice Mayor Paterno stated it is very difficult to enforce, and it is a problem with the through trucks. • 8 Minutes -Village Council Regular Meeting 04/13/06 Page 9 Chief Allison commented the system Vice Mayor Paterno was proposing • would give the police pictures of the vehicle, and they would have dates and times to send the warnings to the violators, which would help in establishing patterns, so they could put these officers out there when these violations were taking place. Mayor Humpage asked whether that could occur at 10 tons as well as 5 tons. Chief Allison agreed. Council Member Genco agreed she liked the idea of the camera surveillance, but felt it did not have enough teeth. She commented in a one-hour period, the Village could end up with 100- 30 ton trucks going over the bridge in which case they will have done damage to the bridge. She stated rather than taking the chance of doing damage, they should stay with the lighter tonnage. She felt she would rather have a couple of residents inconvenienced a little, than a lot of people being inconvenienced. Council Member Watkins commented she was just trying to help out the residents who live on the other side of the bridge and work with their vehicles. She asked if it would be possible for them to come register with the police department. She noted she has a neighbor that was at 6 tons, rather than 5 tons, and that it cripples him from coming across the bridge. She commented she was trying to accommodate the residents, be conservative, but allow them to live as well. Council Member Genco commented what about if they have a VOT sticker. Council Member Watkins pointed out everyone has a sticker; her neighbor is a resident and • would have a VOT sticker. Vice Mayor Paterno explained they are not allowed to have commercial vehicles, or large trucks in the Country Club anyway. Council Member Watkins mentioned her neighbor has been stopped and told he can not go over the bridge, because he is over the 5 tons. She suggested registering the vehicles with the Police Department. Council Member Genco commented if the residents have a sticker, maybe the Village could do it like that, and leave the bridge at 5 tons. Vice Mayor Paterno suggested a compromise by making it 5 tons, but with an exception that a resident of Tequesta would have a special thing that they could put on their window allowing them to go over the bridge, as long as they are between 5-10 tons. He explained a special permit, something like that if they are a resident of the Village of Tequesta, and nobody else, no unincorporated areas. He commented those Village residents are also paying the bill to go over the bridge. He felt this was a compromise and Council could do it that way. Council Member Genco agreed they have to have a special sticker. Vice Mayor Paterno stated if they get pulled over and do not have a sticker, give them a ticket. Mayor Humpage asked if Council could do that. Attorney Hawkins stated he believed they could, in keeping with their police powers. 9 Minutes -Village Council Regulaz Meeting 04/13/06 Page 10 Mayor Humpage agreed, and stated that would get the Village residents • off the hook, and get them to where they need to be. He felt Council needed to amend the original motion. MOTION: Vice Mayor Paterno moved to amend his motion that the Village raise the speed limit back to 30 mph, and keep the S tons, except for residents of the Village of Tequesta, that they will be required to have a permit for 5-10 tons, and including the other exceptions that have been put in, emergency vehicles and the school buses, and for the residents it would beano fee sticker, non transferable. Council Member Genco commented the permit has to match the license tag. Attorney Hawkins asked if there would be any situation where an emergency type of vehicle that is not of Tequesta, would have to transverse the bridge. Council Member Watkins stated the County would have to. Council Member Genco pointed out the Council is not limiting it to just Tequesta emergency vehicles. Mayor Humpage agreed the County has to service unincorporated pockets. Vice Mayor Paterno pointed out the same for Martin County emergency vehicles also; seconded by Council Member Genco; motion passed 4-0. X. 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. Vice Mayor Paterno removed Items 14 and 15. Council Member Watkins removed Item 6. 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: 5. Village Council Regulaz Meeting Minutes February 16, 2006. 7. Village Council Special Emergency Meeting Minutes January 2'7, 2006. 8. Village Council Special Emergency Meeting Minutes February 2, 2006. 9. Village Council Special Emergency Meeting Minutes February 7, 2006. 10. Village Council Workshop Meeting Minutes January 25, 2006. 11. Village Council Joint Workshop Meeting Minutes, February 16, 2006 with Martin County Commissioners, Town of Jupiter Town Council, and Facilitated by Palm Beach County Commissioner Kazen Mazcus. 10 Minutes -Village Council Regular Meeting 04/13/06 Page 11 12. RESOLUTION 65-05/06 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Approving a Proposal from Chaz Equipment Co., Inc, for the installation of Street Lighting Conduit in an amount not to exceed the existing budgeted amount of $98,470 (Account #303-390-663.661) 13. a) RESOLUTION 68-05/06 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Approving a Contract through J.C. White Furniture, of Riviera Beach, Florida, for Furniture for the new Village Hall per Florida State Contracts #425-001- 01-1, #425-001-06-1, #420-420-02-01, #GS-28F-2100D in the total amount of $127,613.07, Having a FY 2005/2006 Capital Projects Fund allocation of $144,000.00, account #303-331-664.603 and authorizing the Village Manager to execute the applicable contract on behalf of the Village. b) RESOLUTION 74-05/06 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Approving a contract to Westwood Appliance Center, Jupiter, Florida, for Kitchen appliances for the new Village Hall in the total amount of $6,461.00, Having a FY 2005/2006 Capital Projects Fund allocation of $144,000.00, account #303-331-664.603 and authorizing the Village Manager to execute the applicable contract on behalf of the Village. 16. Budget Adjustments for the month of Apri12006. 17. Council approval for membership with the Northern Palm Beaches Cultural Alliance in the amount of $100.00. 18. Council approval of the Council Executive Session -Union (Collective Bargaining), April 27, 2006, 6:00 P.M., and Council Workshop, Apri127, 2006, 7:00 P.M. -Boat Related Matters in the Tequesta Recreation Center, 399 Seabrook Road, Tequesta. 19. Council consideration to declare Surplus Property on unserviceable items. 19.1 Council approval for a letter from the Village of Tequesta in support of the designation of Trapper Nelson Interpretive Site, located on the Loxahatchee River as a National Historical Place. END OF CONSENT AGENDA 11 Minutes -Village Council Regulaz Meeting 04/13/06 Page 12 ITEMS REMOVED FROM THE CONSENT AGENDA 6. Village Council Regulaz Meeting Minutes March 9, 2006. Council Member Watkins asked for a correction on Page 6, Paragraph 2, Line 4, Delete "people", and Insert "pupil". Consensus of Council agreed. MOTION: Council Member Watkins moved to approve the Minutes of March 9, 2006 Regular Meeting, with one correction; seconded by Council Member Genco; motion passed 4-0. 14. a) RESOLUTION 70-05/06 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Approving adding the financing of Phase II of the Police Department 800MHZ Communications Replacement System to the Master Lease/Purchase Program that the Village has entered into with the Florida League of Cities, in the amount of $136,788.89 at an annual interest rate of 4.38% or 94% of the 5-Yeaz treasury to be financed over five (5) years as described in the attached proposal from the Florida League of Cities (Exhibit A), and authorizing the Village Manager to execute the applicable contract on behalf of the Village. Vice Mayor Paterno indicated he removed this item for information purposes for the residents. He mentioned the Village police department was switching from the VHF radio system to 800 MHz system, which would allow the Village to have better communications for emergency personnel. He felt this was a movement in the right direction, and he would like to see in the future the fire department move into the same system so that they coordinate their services. He mentioned currently they are on two different systems, and have to go through dispatch in order to do the call. He indicated he would like to see fire on the same system. MOTION: Vice Mayor Paterno moved to approve Resolution 70-05/06; seconded by Council Member Watkins. Attorney Hawkins read for the record the title of Resolution 70-05/06. Motion passed 4-0. b) RESOLUTION 71-05/06 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Approving a proposal from Caz-Comm, Inc., of Palm Beach Gardens, Florida, for Phase II of the replacement of the Police Department Communications System per the Florida Department of Transportation bid award D022844 in the amount of $136,788.89, interest and principal payments budgeted in 12 Minutes -Village Council Regular Meeting 04/13/06 Page 13 ~ the 2005/2006 General Fund #001 budget and authorizing the Village • Manager to execute the applicable contract on behalf of the Village. MOTION: Council Member Watkins moved to approve Resolution 71-05/06; seconded by Vice Mayor Paterno. Attorney Hawkins read for the record the title of Resolution 71-OS/06. Motion passed 4-0. 1 S. RESOLUTION 73-05/06 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Approving the purchase of an 88 KW Diesel Generator from Hertz Equipment Rental, of Jacksonville, Florida, in the amount of $33,602.00; this is part of the Village's Hurricane Preparedness Program; Cost to be funded by the existing Hurricane Wilma Reserve Contingency account in the General Fund #001 account #001-990-599.902 and in the Water Utility Fund #401 account # 401-990-599.902. Vice Mayor Paterno commented Item 1 S has to do with a generator for the Public Utilities, and for the Wells. He mentioned if the Village has a power outage this would provide power to run the deep wells. He pointed out Staff has suggested taking SO% funding from Utilities, and SO% from Public Works. He felt it would be in the best interest to take all the funds out of Utilities, since it is mainly a utility item. He suggested taking $33,602.00 out of account # 401. Mayor Humpage questioned whether this generator would be used to run the Public Works building. Mr. Russell White, Public Services Manager indicated this generator would run the public services garage and also run a well. Mayor Humpage asked if that would come out of the enterprise fund. Council Member Genco stated the money coming out of Public Works was part of the money the Village had set aside for the hurricanes. Vice Mayor Paterno agreed, but stated that was out of the hurricane money to fix the items they found that needed fixed. He stated this item is new equipment, and it really is not related to hurricane damages. He felt it might not be appropriate to take from that fund. Village Manager Couzzo indicated the monies would come out of the general fund reserve. Council Member Genco pointed out the Village received monies to reimburse the Village for Hurricane Wilma, and that has already passed. She stated this is money the Village akeady has that was set aside from Hurricane Wilma, that is sitting in the General Fund to be used for hurricane related contingencies. Vice Mayor Paterno felt Council had appropriated money from the General fund for this. He commented the Village was not reimbursed the total amount they thought, so what actually happened is the Village appropriated more money then they got from FEMA. 13 'r. Minutes -Village Council Regular Meeting 04/13/06 Page 14 Council Member Genco stated she understood that FEMA may not have reimbursed the Village 100%, which they were not supposed to, but the monies that Council put aside in the budget were attached to the Hurricane Wilma Reserve Contingency account. Vice Mayor Paterno agreed. Council Member Genco commented if Council is taking it out of the General Fund, they are taking out of the general-purpose account. She noted Council has already set aside money towards generators and emergency preparations that was identified by the Hurricane Wilma fund. Mr. White agreed it could be taken from the hurricane fund. Council Member Genco stated it should not be coming out of the General Fund; it should come from the disaster contingency account. Vice Mayor Paterno agreed, but felt it should come out of the public utilities, because the use was mainly going to be public utilities, and it should not come out of the General Fund. Council Member Genco noted she would rather do it this way, than to do two transfers from the General Fund to this account. Vice Mayor Paterno clarified he would like to see all the money taken from the Utility account. Council Member Genco commented it is not budgeted out of Utilities; it is budgeted out of the account that this was designed for. She stated this is an emergency generator. Vice Mayor Paterno noted he sees this as equipment for the future; and they could also take that money and put it back into the general fund. Council Member Genco mentioned if they do not spend the money somewhere else it would go back into the General fund. Vice Mayor Paterno suggested putting the $16,000 (50 %) back into the general fund. Council Member Genco indicated she would rather have the money that is set up for emergency equipment come out of the emergency fund. She felt that was the purpose of having a budget and following it. Mayor Humpage indicated he would not have a problem with it since the Village was going to spend the money one way or another. He agreed to leave it as is, so that the Village could track it better. He felt it was a housekeeping matter. Vice Mayor Paterno noted he would rather see it come out of the Utility fund. He commented he always thought of the contingency fund more as if the Village had a hurricane the money was there, and they would be able to take care of it, whether it was debris, telephones poles, or the bridge that gets knocked down. He noted he did not necessarily see that money as equipment for the future. Consensus of Council agreed to leave the Resolution as proposed. MOTION: Council Member Watkins moved to approve Resolution 73-05/06; seconded by Council Member Genco; motion passed 4-0. Attorney Hawkins read for the record the title of Resolution 73-05/06. END OF ITEMS REMOVED FROM THE CONSENT AGENDA 14 Minutes -Village Council Regular Meeting 04/13/06 ' Page 15 XI. COMMUNICATIONS FROM CITIZENS Mayor Humpage commented Village Manager Couzzo wanted to discuss extending the work hours for drilling the new well. He mentioned the Village had extended the work hours for drilling the Village Hall well, and it seemed to work out with the neighboring Blair House residents. Village Manager Couzzo requested to extend the hours of work operation from 6:00 am to 10:00 pm. He felt this drilling should not inconvenience anyone in noise, and it would provide for a much smoother drilling operation. Consensus of Council agreed to extend the work hours for the well drilling. - Mr. John Goodland resident of Beach Road and President of the Beach Road Association gave a brief overview of the Association. He mentioned the Association represents the common welfare and general interests of 22 condominiums on Jupiter Island, comprised of over 600 units. He explained recently they engaged on a landscaping plan for Beach Road from U.S. One to east of the drawbridge. He indicated they assessed the homeowners for the landscape improvements. He commented additionally they obtained a substantial grant from Commissioner Karen Marcus' discretionary funds, and the Village of Tequesta appropriated additional funds for the landscaping project. He thanked Council, the Village Manager, and wanted to recognize the Assistant Manager Bob Garlo and his staff for all their help and assistance. He indicated as a result of these efforts and funds, they have received a lot of favorable comments from their members. He noted when the Village completed the work, it was much more than they expected. He thanked Mr. Tom Hayworth of Rood Landscaping for developing and implementing the plan. He noted the project is about 2/3 completed. He thanked Council for all the help and assistance. Mayor Humpage noted he received a card from Ms. Karen Schweitzer resident of Tequesta Drive, regarding the "Special exception use for the property located at 565 No. Dover Road. He explained the applicant has withdrawn their application. He read the following cards of residents that had left the meeting: 1) Mr. Russell von Frank, resident of Dover Road; and 2) Mr. Howard Morton. Ms. Joann Huffinan resident of Willow Road, noted there was a constant pile of trash and yard waste, and felt the owner waits until the sanitation people come through, and then puts another pile out there. She noted the sanitation people came through this morning, and there is akeady another pile out there. She stated the homeowner commented there was no grass there, and she agreed no wonder there was no grass there. She pointed out they put carpet out there when they refurbish the apartments, and kitchen cabinets, and appliances. She commented she has called the police and called the Mayor, but nobody can seem to do anything about it. 15 Minutes -Village Council Regular Meeting 04/13/06 Page 16 Mayor Humpage indicated he would pass her comment along to the Community Development Director and she can give it to her code enforcement officer. Ms. Huffman stated she has already contacted Community Development, and they could not do anything for her. Council Member Genco asked whether they were required to have a dumpster. Ms. Huffman pointed out they have a dumpster in the back, but noted they do not use it. Mayor Humpage stated they would see if they can get a better handle on it, and if not she is to come back to Council. - Mr. Royce Hood, resident of Evergreen Ave thanked the Council Members for their leadership, ethics, and moral judgment, and for allowing the residents to speak here this evening. He indicated he came to the meeting this evening to challenge Mr. Dalack directly. He commented as elected members of Council they representative the voices of the citizens of Tequesta. He felt Tequesta is one of the finest municipalities in the State of Florida, and as a traveler he is proud to say this is one of the finest place in the world, and where he intends on living his life. He commented Council as a voice of the people; serve at the pleasure of the voters. He felt their job, as he understands it, is to represent the needs of the community, and to build confidence among their constituents. He stated Mr. Dalack's reckless judgment has embarrassed him, and feels it ' has tarnished the image of the Village. He stated he has no confidence in Mr. Dalack's leadership. He felt the people of Tequesta could sign an • initiative, which can then be presented to Council. He commented he has not done his homework on this, but at this time would like to create a petition/initiative, avote of no confidence in Mr. Dalack's judgment and leadership. He commented he feels this would solve problems, as the voice of Tequesta would have spoken. He felt this could bring the Village to a Special Election. Mr. Tom Tardonia, resident of Hickory Hill Road mentioned he had preferred to speak directly to Mr. Dalack, but he has left the meeting. He thanked Council for their outstanding job. He commented Tequesta, without a doubt, is the best place in Palm Beach County to live, and that he born and raised here. He commented while his views are different than Mr. Dalack's; he does have the right to his opinions. He is elected to Council to conduct the business of the Village of Tequesta only. He felt Mr. Dalack's proposed Resolution to withdraw the troops from Iraq, and impeach the President was entirely out of line, and embarrassing to the Village. He commented he wished Mr. Dalack would stick to the Village business at hand. He commented the oath of office is done to preserve the integrity of the position. He felt Mr. Dalack should not be on Council if he signed the papers for office without reading the papers. He stated he would not want someone on Council that could not remember taking the oath several years prior. He thanked Council. 16 Minutes -Village Council Regular Meeting 04/13/06 ' Page 17 • - Mr. Joseph Marzilanio resident of Tequesta Drive commended Council for the good job on the bridge. He mentioned with the bridge being closed he and everyone else on that side of the bridge had it as a real burden. He indicated earlier in the meeting the bridge was discussed regarding the speed, and tonnage, but nothing was mentioned about the water traffic under the bridge. He noted he lives immediately adjacent to the bridge, and his boat dock is close to the bridge, and he is constantly down at the dock, or in his boat, and from experience he can say that boats go under the bridge wide-open speed. He commented they ski through there constantly, and one skier last week hit the concrete support and scrapped his arm. He felt with what he was getting at the footing of the bridge and bulkheads, they were seriously being eroded and affected. He mentioned also there is a manatee sign that they must be at idle speed on both sides of the bridge. He felt it has not been enforced, and was very bad for the bridge, and luckily no one has been hurt. He suggested the Village put a no wake buoy, and rules to enforce it. Mayor Humpage commented the Village does have a marine boat, and as other situations the police department can not be every place at the same time. He mentioned they would look into it, and give to code enforcement and the Chief. He stated he could come back to Council, if needed. • XII. COMMUNICATIONS FROM COUNCIL COUNCIL MEMBER WATKINS Council Workshop -Boat Related Matters -She mentioned in the past several months there were many people interested in the Boat issue, and she wanted to be sure to let everyone know that Council had scheduled a Workshop on Apri127, 2006, at 7:00 P.M. She noted the Village Clerk has assured her it would be published in the paper. She commented anyone interested in the issue could certainly attend. Incoming Council Member Dalack -She mentioned over the past week she had not given much comment to the newspapers regarding the situation, but in light of this evening she felt that she would read into the record for the public a letter she wrote after last months Council Meeting. He indicated she sent this to the Village Manager, and it was distributed to Council. (Copy on file in the Clerk's Office). VICE MAYOR PATERNO Incoming Council Member Dalack - He commented a reporter asked him the other day, and he stated he supports the government of the United States, the Village Charter, the Florida Constitution, and the U.S. Constitution. 17 Minutes -Village Council Regular Meeting 04/13/06 Page 18 He stated without our form of government, they would be no United • States, nor would it be the greatest place on earth to live. COUNCIL MEMBER GENCO - Old Train Station -She indicated she would like to clarify something she read in the newspaper. She mentioned about four years ago the Village started talking about the old train station, and the potential of moving it. She explained back in January she spoke with Ms. Louise Murtaugh, President of the JTJB Chamber of Commerce about the building, and Ms. Murtaugh became quite excited about the opportunity of restoring a historic building, and was enthusiastic enough to consider trying to raise funds to help accomplish that; and that the building might serve a public purpose. Ms. Genco stated she was all in favor of this, and wanted Council to consider the idea. Since the Village has looked into the costs of moving the building, and maybe in the next six months or so the Village may have the opportunity to discuss it more, and wanted the Council aware of what she had been talking about. Mayor Humpage agreed, and commented he would like to see something happen with the building, because if something was not done, they were going to knock it down. He stated this item would come back, and maybe they could get some help by hooking ' up with the Historical Society, Chamber of Commerce, Town of Jupiter, and individuals that may be interested in helping. He felt it would be great to preserve that portion of history. MAYOR HUMPAGE Incoming Council Member Dalack - He noted the Press that the Village has been getting. He asked that the Press at this point in time would cease and desist. He commented it is Council's, and his job to follow the rules that are dictated by the Village Charter. He commented he feels badly that this has occurred for the Village, and sad for the citizens. He stressed he hopes this comes to a quick and speedy end, so that they can move on with the business of the Village of Tequesta, and maintaining the quality of life that the citizens expect. XIII. DEVELOPMENT MATTERS 20. ORDINANCE 605 -FIRST 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 District"; Amending Chapter 78, Article VI Developments"; Amending Chapter 78, Artic Community Commercial I, "Planned Commercial le VIII, Section 78-251, 18 Minutes -Village Council Regular Meeting 04/13/06 Page 19 . 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 Defimitions"; 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. MOTION: Council Member Watkins moved to approve First Reading of Ordinance 605; seconded by Vice Mayor Paterno. (Vote at end of discussion) Mayor Humpage commented Council has tried to look at the code, and listen to the citizens of what they would like to occur in the commercial district. He noted every Council Member has given a great deal of time and thought to this matter. Attorney Hawkins mentioned this is a preliminary review, first reading, and that this document can be modified. He noted there are a few typographical changes that need to be corrected, but it basically represents the product of Staff, looking at questions that Council raised back in the fall of 2005, at which time, azoning-in- progress was declared by Council, relative to the C-2 district. He commented Ms. Catherine Harding, Director of Community Development, Attorney Karen Roselli, he and Village Manager Michael Couzzo have worked on formulating revisions to the Ordinance, with a view toward trying to address Council's concerns. He stated specifically in context to the Planned Commercial Development (PCD). Council Member Genco asked if this was a public hearing, and official first reading. Attorney Hawkins stated yes. Attorney Roselli mentioned the document was in legislative format. She indicated she was planning on reviewing the entire document, in case Council may have questions. She noted the new text was underlined, and some things have been moved around. She reviewed the proposed Ordinance: Page 3, "Definitions", 1) the definition of basement was clarified to make it clear the basement was not counting in calculating overall building height, unless it exceeded natural grade; 2) the definition of "Height" was added, which includes four different points on the roof that the measurement of height would go up to; 3) the defmition of "Highest adjacent grade" was expanded to address issues where the finished grade was not necessarily level, so there would be an average taken of the elevation of the ground at each face of the building to determine height; 4) the definition of "Story" was revised; and 5) the definition of "Turret" was added. 19 Minutes -Village Council Regular Meeting 04/13/06 Page 20 ' Mayor Humpage pointed out on Page 3, under the definition of i "Basement" it says "that portion of any basement which exceeds natural grade shall be used in calculating the overall building height"; he commented on Page 13, "Parking Garages" 3`d sentence, "subterranean parking garages and/or storage areas which are below natural grade shall not be counted". He asked why are they not like basements. Attorney Roselli stated they are, anything that is below grade is not counted. Village Manager Couzzo stated he felt it was a "above and below grade" issue. Mayor Humpage clarified if the parking garage comes above grade it gets counted. Attorney Roselli stated yes, that is where it starts to get counted just the portion that is above grade. Attorney Roselli mentioned the "Schedule of Site Requirements" table was already in the code, but needed to be consistent with the code. She indicated she added a box for the PCD special exception uses. She noted the regulations are summarized in the table. She explained the C-2 regulations were the only ones contained in the table, and there was conflict with the building height that was in the table, and what was actually in the code. She stated that now has been changed, and it is up to Council to decide what they would like, but for discussion purposes, the maximum building height in the C-2 is 4 stories/50 feet, and in the PCD it is also 4 stories/50 feet, but up to 5 stories/70 feet at the Council's discretion. She pointed out in the PCD the minimum living area requirement is 1,200 square feet per dwelling unit. Council Member Genco commented the 20% under the Minimum landscaped open space should be 25%. Attorney Roselli agreed, but noted in the PCD regulations currently there is an 80%/20% mix, so that is why it states 20%. Council Member Genco stated on Pages 6 and 11, it is showing 25%. She felt it was Council's intent to make it 25%. Attorney Roselli pointed out on Page 17, "Area limitations", the existing code says the platted open space is 20% of gross land area. She stated that is why she used the 20%, and did not know if this 20% was the same as the "Minimum landscaped Open Space" in the table. Council Member Genco stated that should be 75%/25%. Attorney Hawkins clarified was it Council's desire for 75%/25%. Mayor Humpage noted it was 20% and Council wanted to bring it up. Consensus of Council agreed to 25%. Vice Mayor Paterno questioned whether as they add stories, should Council require for every story more of a setback. He explained as the building gets larger, and it is close to the street, it creates a tunnel effect, and questioned whether they should go back 5 feet per floor. Attorney Roselli pointed out in the table, which is consistent with C-2, 4 and 5 story buildings require an additional 5 feet for each story above 50 feet. Vice Mayor Paterno noted he does not want to see a new building going up right against the street. 20 Minutes -Village Council Regulaz Meeting 04/13/06 Page 21 Council Member Genco felt Council was doing that with this code, and that Council still has discretion on the aesthetics and footprint of the building. She indicated they could still ask the applicant to move the building back or tweak it more. She felt this was a rule of thumb; that the applicant can do more than this, but they can not do less. Vice Mayor Paterno agreed, but suggested maybe Council should require it at the 3ta floor level, so Council could start moving the front setbacks of the building back more. Council Member Genco noted there is also a required easement in the front of the property, then a setback, then an additional 5 feet for the 4~' and Sa' story. She noted a typical road easement is usually 12-15 feet, sometimes more, so probably it is at least 40 feet from the curb, then 5 feet back for the 4`~ floor, and additional 5 feet for 5~` story. She explained that could be 50 feet from the curb. Council Member Watkins felt that was a lot, when considering the size of the properties that aze left in the Village. Council Member Genco mentioned the only one that got the exception on that rule was Mr.Van Brock's building, because it was pre-approved. Mayor Humpage suggested the Sa' story and the front yard setback could be deleted, because it being 5 stories would have to come back to Council anyway. Council Member Genco explained this is guideline; the applicant could not do anything less. She felt it was important to have that in the code, for the next Councils after them. • ointed out 1 200 s uaze feet er residential Council Member Watkins p q p dwelling unit was lazge. She explained they have 2 bedroom units in Little Club that were 900 square feet. She felt 1,200 squaze feet, as a minimum was quite lazge. She stated she personally thinks it should be at the most 1,000 square feet. Attorney Roselli noted she had no problem changing the squaze footage. Mayor Humpage indicated Council might want to consider that with Workforce housing. Council Member Genco felt the Village was not going to have much workforce housing because of the tax rates. Council Member Watkins suggested making the squaze footage 1,000 instead of 1,200. Consensus of Council agreed to 1,000 square feet per residential dwelling unit for the "Minimum living azea requirements" in the PCD. Council Member Genco noted if it was anywhere else in the code, it should be made consistent throughout. Attorney Roselli agreed. Council Member Watkins explained the current code for the PCD height is 5 stories/70 feet, and 6 stories/84 feet with Council discretion. She stated she spoke with Ms. Hazding, and in keeping consistent and uniform, she wanted Council to consider the big picture, and the potential of having different heights in different azeas. She stated she knows Council agreed by consensus to do the 4 and 5 stories. She pointed out the maximum height in the C-2 is only 4 stories. Council Member Genco felt having 4 • stories lends interest in changes in elevations, and to her that's what makes 21 Minutes -Village Council Regular Meeting 04/13/06 Page 22 communities look interesting. She explained when everything is so homogeneous it becomes very boring. Ms. Harding noted in the Planned Mixed Use Developments the Village currently allows 6 stories/84 feet, as an option, and the standard is 5 stories/70 feet; and in the Planned Residential Development (PRD) it is 6 stories/84 feet as an option with a special exception, and 5 stories/70 feet as the standard. She mentioned what the ordinance is doing for the Planned Commercial Development (PCD) is reducing it to 4 stories/50 feet as a standard, and 5 stories/70 feet as an option. She stated the Village will have three separate types of zoning in the Planned Developments, and two of them will have the option of 6 stories/84 feet, and the PCD will only have the option of 5 stories/70 feet. She mentioned her concern was that if Council believes they were limiting the height across the board, they have two other elements to explore, before they get to that point. Vice Mayor Paterno asked for clarified of what Ms. Harding was saying. He asked if it would be in Council's best interest to address the others and lower them by one story. Ms. Harding stated if Council wanted consistent 5 story maximum in the Village that would be the case. She stated she wanted Council aware there is a difference. Council Member Genco asked if Ms. Harding could tell Council which areas were adjacent, and where their approximate locations were without a zoning map. Ms. Harding stated she would need a zoning map. Council Member Watkins • noted she was just questioning if there was a need to change it. Attorney Roselli mentioned the PCD is not primarily a residential district, where the mixed-use and the Planned Residential districts contemplate at least 50% residential. She stated this is back to a Traditional Planned Commercial Development, which is predominately commercial. She mentioned at one time Council talked about changing the PCD to stand for Planned Combined Use Development, but after speaking with Ms. Harding that is already available in the Mixed Use development. Attorney Roselli felt it was better to stick with the Planned Commercial Development (PCD) and treat it as planned commercial; and if Council wanted the height to go up they may have the same situation as an Atlantis project, possibly where it is predominately residential, and they do not have that commercial component. She commented something like that project should be in a mixed use or planned residential community. She noted if Council goes up with the height are they going to be able to fill it with commercial, or have this residential issue coming back. Council Member Watkins noted Council agreed to the 1St floor was to be commercial, so the remaining 4 or 5 stories could be residential. Attorney Roselli stated the 1St floor must be commercial, and the rest of it can be whatever Council desires. Council Member Watkins pointed out it is different in the other two, and she does not want to back track and do this again. She felt it needed to be discussed at this time. 22 Minutes -Village Council Regular Meeting 04/13/06 Page 23 She commented she was not sure if Council needed to limit the PCD to 4 and 5 stories, since the others were 5 and 6 stories. Vice Mayor Paterno pointed out the commercial comes down along U.S. One, and the only one left in the Mixed Use that is build-able at this time is probably the Zuccarelli property. He felt everything else was basically built out residential, and that would be the only property that could go to 6 stories. Council Member Genco commented except for redevelopment. Mayor Humpage agreed that is where the Village could get caught. Vice Mayor Paterno agreed, and stated everything north of Tequesta is residential now. He felt the only mixed use left was the Zuccarelli, and the strip mall along Bridge Road. Council Member Watkins pointed out where the old Publix is that is C-2. She noted if you look down the road at the potential of what is left in commercial, and what is possible to be redeveloped; she stated she was not so sure it does serve their purpose, just a well, to limit them at that point at 5, and not grant the exception to 6 stories, and have 5 and 6 stories going on, then 4 and 6 stories going on potentially. Council Member Genco agreed. Vice Mayor Paterno agreed he had no problem reducing the other one too. Council Member Watkins stated she wanted to leave the PCD at 5 and 6 stories. Vice Mayor Paterno commented he thought Council agreed and comprised to make at 4 and 5 stories. Council Member Watkins commented she wanted Council to look at the potential of what the other • zoning districts could be. Vice Mayor Paterno noted he would like to see the rest of the height come down to be the same. He stated he likes it lower, and he does not want to get the density to the point it is going to be people everywhere. He commented they love this place, and a lot of people do, and he was just trying to keep it as close as what it is currently. Attorney Roselli added as part of this ordinance the height in the C-2 has been reduced. She mentioned the height might be higher right now, but the way the ordinance has been drafted is the C-2 maximum height would be 4 stories/50 feet. She indicated the other districts that would be higher would be the PRD and the Mixed-Use. She noted whatever Council decided she recommended that they be compatible, because one is a special exception use, so the C-2 is housing the PCD. She felt they should be consistent, and that is why the ordinance reduces the C-2 down so that it is consistent with the PCD. Attorney Roselli reviewed Page 5, C-2 Commercial District, and noted the information on Page 6, Building height setbacks, lot size, open space, etc is all included in the table on Page 4. Vice Mayor Paterno questioned Page 6, Item 3, regarding the language " the maximum lot width shall not exceed 75 feet (75'). He asked if the language should read the "minimum" instead of "maximum". Attorney Roselli stated yes, it should read "minimum". Vice Mayor Paterno • indicated other sections would need to be corrected with that same 23 Minutes -Village Council Regular Meeting 04/13/06 Page 24 language. Attorney Roselli indicated she would make sure all corrections • were made to the document. Attorney Roselli reviewed Page 7, Planned Commercial Development, Section 78-251, Purpose and Intent. She mentioned the purpose and intent has been rewritten for the PCD, because of Council's prior discussions about what they intended this district to be. She noted the original paragraph was inadequate, and vague. She noted Pages 7, and 8 were language that she created to address Council's comments of what they would want the PCD to be. She commented it included types commercial uses that would be appropriate for a PCD, and types of blending issues, architectural issues, and the idea there should be a pedestrian flow through the development. She mentioned some of those concepts were incorporated later on in the guidelines for the PCD. Vice Mayor Paterno asked what fee simple meant. Attorney Hawkins stated fee simple is a legal doctrine that describes the nature of the title held by the owner. Fee Simple is where someone owns the title outright, not burdened by the interest of another. Attorney Roselli noted on Page 8, under the purpose and intent where it says, "The proposed commercial uses for the PCD must be identified at the time of conceptual plan review..." that it should be changed to "special exception request review" instead of "conceptual plan review" so that at the time the applicant comes before Council requesting the special exception they have identified what types of • commercial uses were going to be in the PCD. She clarified that before the applicant gets to site plan approval, when they are asking Council to let them have a PCD in the C-2, they need to know what kind of commercial uses they are going to put in there, so Council knows. Council Member Watkins clarified if a developer knowing they are going to have commercial components, at the point of special exception approval or conceptual review approval would they really know the number of employees. Attorney Roselli stated that language is already in the code, and was not revised. She felt they did not have to be committed, and held to that number, but they needed to have a general idea. She pointed out the type of uses is going to be limited to what is allowed in the C-2. Council Member Watkins explained when the Village asks for the estimated amount of employees, hopefully it would not be expected to identify the number down to one or two. She felt that would be extremely difficult. Attorney Roselli noted she wanted to point out which stage of the process they would be identifying this information would be at the time they come before Council for special exception approval. Attorney Roselli explained Page 10, under Section 78-255, General requirements and special regulations for the PCD was now in the table. She noted she would change the living area down to 1,000 square feet, and make sure everything else is consistent throughout the ordinance. 24 Minutes -Village Council Regular Meeting 04/13/06 Page 25 She mentioned on Page 11, (e) Building height Council still needed to determine what that will be. She read the following language from item (e); "However, as part of the site plan approval process, a petitioner may request an increase in building height in accordance with the provisions of this paragraph". She commented criteria have been added in items 1-9, and it could be changed or modified. Vice Mayor Paterno pointed out under (c) the lot width should be changed to "minimum" as noted earlier in the meeting. Attorney Roselli mentioned on the first line of (c) it should say "not less than" instead of "no less than". She commented the criteria were in there to help in the exercise of Council's discretion. She noted from a legal standpoint the Village needs to have some kind of standards or guidelines to govern the discretion to avoid a legal challenge. Attorney Roselli noted Page 13 deals with Parking Garages. She mentioned Council addressed this under "Basements" and how they are counted. Vice Mayor Paterno asked if the ordinance addressed the sale of parking places. He mentioned that is a big thing in Miami where they sale their parking place to other people, because they are assigned. He explained he has a friend that has bought 5 of them in his condo, and he has made a lot of money doing it. Council Member Watkins noted in Lighthouse Cove they purchase the garages, and they are separate from the units. Attorney Roselli indicated that was not addressed in the proposed ordinance. Vice Mayor Paterno commented everyone needs a parking • place, so when they sell them, such as in South Beach, some do not have cars, they take the money. Council Member Watkins felt the parking spot needed to be deeded to the unit. Attorney Roselli mentioned she handled closings where they buy a unit, that comes with a garage, and then they sell the unit, and keep the garage for space. Vice Mayor Paterno agreed, and knows someone who did it 5 times. Council Member Genco asked if Council wanted to do one deeded parking space per unit minimum, and have it like a unity of title. Attorney Roselli stated some might have additional parking spaces. Vice Mayor Paterno felt it needed to be addressed, because it may not be a problem now, but could be in the future. Attorney Hawkins pointed out there are minimum development standards on required parking, but did not think that the unit has to be deeded or attached to the garage, or vice versa. Attorney Roselli indicated she would add language to the ordinance. Attorney Roselli reviewed Page 13, noting Building use is where the first story of the PCD shall be limited to permissible commercial uses, and shall be pedestrian oriented. She pointed out it the language "Live/works lofts are not permitted in the PCD. She commented that would be up to Council to decide if they wanted that language in the ordinance. Council Member Watkins pointed out there appeared to be a numbering issue on Page 15, item (7), 3 & 4. Attorney Roselli agreed. • 25 Minutes -Village Council Regular Meeting 04/13/06 Page 26 • She mentioned item (9) on Page 15 was added, which is like a catch all, if an applicant did not fit into one of the specific uses, that this expanded the uses for other similar low-intensity commercial uses. Attorney Hawkins commented he had a question about the phrase "Private club", and what exactly that meant. Council Member Genco felt that was written to address Mr. Zuccarelli's private club. Attorney Roselli mentioned it is existing language in the current code, for example an Elks Club. Council Member Watkins noted the club did not have to be open to general membership. Attorney Hawkins felt that item was a little unusual. Vice Mayor Paterno indicated he would have no problem with deleting that from the ordinance. He mentioned a few Council Meetings ago a gentleman came, and he was concerned as to what was going in for the private club. Attorney Roselli mentioned anyone else would become non- conforming if there was a private club in existence and this was deleted. Vice Mayor Paterno suggested deleting item (7) Private club, and if it comes in under item (9) Council could make an adjustment if needed, if it was something the Village would not mind having. Consensus of Council agreed to delete item 7. (7) Private club. Attorney Roselli reviewed Page 17, item 11 Area limitations. She suggested deleting item 11, because Council had agreed to the 25% open space as mentioned earlier in the meeting. Consensus of Council agreed • to delete item 11, in its entirety. She reviewed item 12, Architectural theme, noting this was new language being added. She noted on Page 19, Section 78-256 was renamed "PCD design standards: waivers". She explained Council may waive regulations for PCD, except for building height permit requirements, density requirements, requirements associated with concurrency management, and requirements for the preservation of environmentally sensitive lands". She stated the waiver for building height is treated separately in another section. She explained the "Waiver procedure" as provided on Pages 19-21. She touched on Page 22, Outdoor storage, which prohibits the outdoor storage of boats, trucks, recreational vehicles, and other similar items in a PCD, and outdoor storage facilities as well. She pointed out on Page 22, Access, noting there was discussion at a previous meeting on vehicular access. She stated at the top of Page 23 language was added, "No commercial facility shall maintain frontage, direct view, or physical access on or from any local or neighborhood roads. A thoroughfare plan indicating the primary, secondary, arterial, tertiary, and main street roadways throughout the PCD shall be provided at the time the site plan application is submitted to the Village". She mentioned a new section, Section 78-303, Visibility triangles, has been added on Page 26. • 26 Minutes -Village Council Regular Meeting 04/13/06 Page 27 Vice Mayor Paterno asked that language on Page 24, item (2) a. "Minor S streets within the PCD shall not connect with minor streets in adjacent developments in such a way so as to encourage through traffic". He suggested deleting the portion of the sentence "in such a way so as to encourage through traffic". Vice Mayor Paterno commented so that Council did not have to worry about through traffic. Council Member Genco stated she would hate to have what happened in Tequesta Oaks with the way the traffic pattern was done, and felt that could happen again if they where not careful. Vice Mayor Paterno explained he was thinking of other developments and access between neighborhoods, such Atlantis and Casa Del Sol, if they could access these sites from County Line Road and could be used to cut through the developments. He indicated he would not want to see that. Council Member Genco commented she would like to see every development have two means of getting in and out, unless it was a very small development. Vice Mayor Paterno explained they could have two entries in the front, or one on each side of the building. Council Member Genco pointed out especially when talking about planned commercial, it is just easier for the commercial to flow into the commercial, then trying to get it back out to U.S. One. She was thinking is what the ordinance is trying to accomplish. Vice Mayor Paterno felt this could potentially bombard someone, and they not even realize it. He felt once the road was in, they could not go back and pull it out. Council Member Genco noted that is what the word encourage does; so that Council could interpret it the way they wanted; or if it may turn out to be something that they felt would be a problem. She liked the way it was written so if they felt it worked better for the facilities, they could still approve it. Attorney Hawkins commented Council could always say to the developer seeking approval, "nice concept, but do not like your traffic pattern". Attorney Roselli suggested it would be easier to leave the language in, because Council would see people requesting a waiver, and then they would have to deal with the waiver. She suggested doing it on a case-by-case basis, with the idea they do not want to do it. Consensus of Council agreed to leave the entire sentence in the ordinance. Mayor Humpage noted on Page 26, Section 78-282. Structures exempt from height limitations; he felt some developers could get very creative with turrets and parapet walls. He commented he would hate to just exempt them. Attorney Roselli clarified it came up at one of the meetings the idea of limiting the architectural features to a certain height, so that an applicant can not have a 30 foot spine, or something like that. Vice Mayor Paterno suggested if there was a way the Village could say these are exempt from the overall height limitations, but these individual things can not exceed a certain height. s 27 Minutes -Village Council Regular Meeting 04/13/06 Page 28 Mayor Humpage suggested adding language "At the approval of Council". He noted that way Council could take a look at each one on its merit. Council Member Genco stated that is where the word "may" comes in, it means Council has the discretion. She commented she kind of liked the way Atlantis had their rooftop. Mayor Humpage agreed, but noted he would not want a developer to put a 25-foot spire. Council Member Genco indicated she would like to see applicants be able to do something creative. Council Member Watkins stated it would be on a case-by-case basis, and if Council did not like it, and felt it was too high, they would ask them to bring it down. Mayor Humpage stated he would like to see something in there that allows Council the authority to look at it, rather then to say they are non-exempt. Attorney Roselli suggested changing the heading. Council Member Genco suggested "Structures that may be exempt from height limitations". Consensus of Council agreed to insert the language "that may be" in the heading. Council Member Genco asked if someone for the next Council Meeting could prepare a map that identifies the other areas so they could look at the zoning heights. She stated she would like to know visually if this was all going to work together, and that she could be comfortable with the height limitations. Attorney Hawkins noted they would bring something color coded and larger for Council at the next meeting. He complimented Attorney Roselli for pulling this all together, and that she did a nice job. S asked for ublic comment• their bein none the ublic Mayor Humpage p g P hearing was closed. Attorney Hawkins read for the record the title of Ordinance 605. (A motion was made at the beginning of the discussion). Motion passed 4-0. 21. DELETED FROM AGENDA BY STAFF a z~ > > •1. f ~` 1 ~D L i2 L. D .a 1' '71 A ~vmzx--vr- nsr- r-aizc~ vir-v°cuoxr-rcvucr, tetisiiir~~.-r.-r-fte£es, 22. Council consideration for review of a Preliminary Plat for The Preserve of Tequesta, formerly known as The Crossings. . Mr. Christopher Saia, Legal Counsel for the applicant mentioned in May 2005 the developer was before Council for site plan approval, and were now back for preliminary plat approval. Mr. Catherine Harding, Community Development Director noted Staff had reviewed the preliminary plat application, along with the Development Review 28 Minutes -Village Council Regular Meeting 04/13/06 Page 29 Committee (DRC). She indicated they asked for one change fora 10 foot ' dedicated water utility easement, and the applicant complied with their request and gave them a 12 foot dedicated easement for the water lines. Vice Mayor Paterno asked if the easement was on the north side of the property. Ms. Harding confirmed it was on the north side of the property. Council Member Watkins questioned whether the site plan design had remained the same. Mr. Saia reviewed the site plan, noting the building in the back would look like townhouses, but legally they would be condominiums. He mentioned there was no change in the site plan. Council Member Watkins noted rumor was that the developer had sold the front portion. She commented she was just trying to make sure their plan was the same plan they brought to Council previously. Mr. Saia stated the site plan was 100% consistent with what was approved. Vice Mayor Paterno asked why the developer had to plat a street as a Tract, such as Tract J. Mr. Saia explained the entire parcel had to be divided up into different tracts, and parcels, so they do not have a void. He mentioned Tract J is there so that it can be identified by the Condominium Associations to maintain it. He mentioned the Master Association would maintain Tract K, and the Condominium Associations would maintain the other Tract. Vice Mayor Paterno clarified by the individual ones. Mr. Saia agreed. Vice Mayor Paterno mentioned by doing that they would have a ' different associations by buildings. He asked if they could end up with a different ambience, rather than all being under one Master Association. Mr. Saia explained there would be two individual condo associations, one on the north side and one for the large 3 story building on the south side, and a master association that controls the landscaping around the perimeter, and the roadways inside. He mentioned the master association would take care of the perimeter so everything someone would see from outside would be consistent. Vice Mayor Paterno asked if Council would have concerns in reference to the north side being potentially a little different than the rest, or was it their idea to have it all the same. Council Member Genco felt the reason they separated into two was because the townhouses would have different maintenance considerations than the other buildings would have, and would want to be able to assess those units differently than the other units. She asked if each parcel was one townhome. Mr. Saia stated each one of the parcels have 5 or 6units, consistent with the other buildings. Council Member Genco commented it was like a monopoly game. Vice Mayor Paterno asked if there would be consistency in the future on the painting throughout the project. He noted for example if they change the roof on one, would it still be consistent with the others. Mr. Saia stated the Master Association would give consistency in what people see along the roadways. 29 Minutes -Village Council Regular Meeting 04/13/06 Page 30 He noted there would not be 100% consistency in the townhouse and the 3-story building, because they are very different buildings. Council Member Genco commented all the elements that are commonly used by everybody that lives there were alphabetical, such as Tracts A, J, L, and K. She asked if the parcels would be the homeowner's association's responsibility, and the roads maintained by the Master Association. Mr. Saia explained the roads in the southern portion of the plan would be maintained by the southern condominium association; and the roads in the northern portion would be maintained by the northern condominium association. He indicated Tract K and Tract L would be maintained by a common Master Association, as well as an easement not shown on the plan around the perimeter along the fencing. Vice Mayor Paterno questioned Tract J going on to Village Boulevard. He asked if there could be a problem allowing the northern people to cut through. He mentioned the way it was set up, and with Publix in the back, people would be entering Tract J. He asked if that would create a problem for the residents. Mr. Saia commented it looks like a roadway, but with the parking spaces, he felt it would not feel like a roadway, and that people are not going to want to go through it. He felt they would want to come through the main entrance on Old Dixie Highway, because it is much wider. Council Member Genco suggested she would like to see all the roadways part of the Master Association. She felt it would be a lot more ' functional, especially since people in Parcel 14 would be coming through and out Tract J to go to Village Boulevard. She felt there would be infighting among the people of who is going to maintain it. Mr. Saia noted it was drafted this way so that people would not be cutting through. He pointed out the large roundabout that is a combination Tract L and Tract K. Council Member Genco commented she sees the roundabout, but where it comes out on Old Dixie Highway it is showing it at 47.62 and the other shows at 50.1. She pointed out those are very close dimensions when they exit. Mr. Saia noted the Department of Transportation (DOT) governs the dimension width, and guidelines for entering and exiting. Mr. Gerald Valent, Developer and Vice President, Cornerstone Group Development felt the issue was they were trying to divide roadways versus a parking lot with drive aisles. He explained in the 3-story area is not a roadway, because there are parking spaces, and the idea was to park in front of their units, so they are going to be responsible for their roadways coming in. He noted the main roadway is a common roadway coming up to where the second roadway is going through. He commented he understands what Council was saying, but felt when there is parking spaces the area it is more drive aisles than a road. He commented it was very difficult to dedicate a drive aisle as a roadway. • 30 Minutes -Village Council Regular Meeting 04/13/06 Page 31 Council Member Genco pointed out Parcel 6, and Tract J, that Parcel 6 is . where the pazking is going to be for the large building where the Crossings was, and Tract J is going to be where the roadway egress and access is going to be. She noted she has lived in homeowner's associations and felt the people from the townhomes aze going to use that to get to Publix. Mr. Valent agreed there would be some, but not everyone is going to do that. He commented until the Village gets to a point where the traffic is unmanageable on Old Dixie Highway, which it is not currently and does not appear it is going to be in the future; he felt more people would come out to Old Dixie. Council Member Genco noted if the Village gets a traffic light it would be at Old Dixie Highway and Village Boulevazd, which means everyone else would be using the Tract J exit to avoid the traffic light. Mr. Valent asked when was a traffic light going to be installed. Council Member Genco noted the Village was looking at it, and potentially that was where it was going to go. Vice Mayor Paterno commented what Council was worried about the residents are going to start skirting through there. He asked if there was a way so the traffic would not want to go that way. Council Member Genco suggested Tracts J, L, and K should all be part of the Master Association. She felt that would eliminate infighting within the development. Mr. Saia asked if Council would like Tract J to be part of the Master Association. He commented they could do that. Mr. Valent agreed. Council Member Genco noted that way when they start using it as a road, people will not be screaming about the maintenance. Vice Mayor Paterno suggested in their planning they want to look at a way so that people do not want to cut through the azea. He suggested maybe where Tract L and K is in the front, maybe put a circle, so that those people would not come shooting down in front of the building on Tract J, and maybe something in the back such as roundabout. Mr. Saia noted there is a roundabout, but not on the plan Council had before them. Mr. Valent noted that would be drafted in the Association documents, but the plat would stay as it exists. Consensus of Council agreed. Council Member Watkins commented she noticed they were advertising, and asked if they had a timeframe for when the units would be mazketable. She mentioned she keeps getting calls about it. Mr. Valent noted that is out of his hands, and with another department. He commented all the brochures have been printed, and initially they were waiting to get to this stage. Vice Mayor Paterno asked what the asking price was. Mr. Valent said the townhouses were in the mid $500,000. He felt the units would go fast, because they have received many calls. Council Member Watkins asked how they came up with the name "The Preserve". She noted she does not see it as a preserve of any kind. Mr. Valent commented they had developed very nice townhomes in North Miami, and they called it The • Preserve, and it was very populaz. 31 Minutes -Village Council Regular Meeting 04/13/06 Page 32 He noted this was not a preserve, just a name. He noted most of the names • they came up with were already taken in the Palm Beach County area, so it was a process of elimination to find a name that was not already been used. Council Member Watkins commented people were asking because they thought it was because they were going to preserve the existing building. Mr. Valent noted there is a scrub jay preserve at the north end of the property they are still working on. Mr. Valent noted regarding the consistency, the buildings will be the same color scheme, and the roof schemes also. He stated they want a unity there, and that it all would look pretty much the same. Council Member Watkins commented she felt it was going to be awell-received project. MOTION: Council Member Genco moved to approve accepting the preliminary plat application, with the following changes: 1) Roadway Tracts J K and L to belong to the Master Association, and 2) the change from a 10 foot to a 12 foot water utility easement; seconded by Council Member Watkins; motion passed 4-D. XIV. NEW BUSINESS 23. a) ORDINANCE 604- FIRST 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. MOTION: Council Member Watkins moved to approve First Reading of Ordinance 604; seconded by Vice Mayor Paterno. (Vote at end of discussion) Ms. Catherine Harding, Director of Community Development mentioned the department requests the deletion of Section 14-151, Valuation Data Table, under Article VI, Permits Fees, because it is no longer relevant in computing of permit fees. She explained this valuation data table was used, and the fees were currently calculated by the cost of construction. She noted the valuation table gives them the cost of construction average throughout the United States. She noted there are modifiers for Palm Beach County, but that is what the Community Development Department charges for a permit. She commented what the department is doing in the proposed ordinance is that they are going to use square footage for the basis for the fee, instead of the cost of construction. Council Member Genco asked if they were going to use the actual cost of construction. Ms. Harding explained right now the Village was using the cost of construction, but they were switching to a schedule that they would be basing it on the square footage. She noted for example if you have a 2,000 square foot it is so much per square foot. Council Member Genco asked if that works out more realistically, or less realistically. 32 Minutes -Village Council Regulaz Meeting 04/13/06 Page 33 • Ms. Hazding noted the current fees the Village was using is from 1975, and have never been updated. She stressed they aze grossly out of date. She stated she does not feel what they are bringing it is equal to what they need to spend on the community to give it the services that it requires. Council Member Genco questioned whatever they were going to use as a reference, instead of the actual cost, was it going to be generally higher than costs, less than costs, or averages of cost. Ms. Hazding explained there aze two ways of doing the fees, and basically the Village was using the square footage. She noted most of the communities she had worked with use the squaze footage. She commented it is just a matter of choice. Council Member Genco pointed out someone could build a super luxury home that is $1,000 a squaze foot versus the regular residential home, which could come in at $175.00 a square foot. She asked where is the fairness. Ms. Hazding stated the fairness is the volume of the house they aze building, it is going to cost a lot more, not per square foot, but there is many more square foot involved, and it is an equitable system because everybody is chazged the same amount per square foot, but if they are building a 2,000 squaze foot house it is much less than a 4,000 or 5,000 squaze foot house, so it goes up inclemently. The people with more money building larger homes aze paying more for their permits, based on the fact that it is larger squaze footage. • Council Member Genco pointed out if they aze building something that is costing a $1,000 squaze foot they aze being charged at the rate as someone building a home $175.00. She felt that was not fair. Ms. Hazding stated it may not seem fair, but she has never seen anyone put actual cost of construction on their application. She noted the department would then have to investigate the actual cost. She stated what they want to do is encourage the community to build better, higher quality homes, spend more money on the home and the details, to give a better quality community. She noted she would not want to discourage that by making it so they just build a cracker jack box that it would be less money and they would be working toward that goal. She stated this way the square footage is fair, and if they want to build a beautiful home they would not be punished for it. They would be able to build what they want, the quality they want, and it would be the same cost per squaze foot as someone who can not afford a more luxurious home. She noted it would not deter anyone from building a better home, or using better quality. Council Member Genco asked who would be doing the appraisal as to the market value of the home for the tax base. Ms. Hazding stated the Palm Beach County Tax Appraiser, and it would not involve the Department of Community Development at all. Council Member Genco stated she just wanted to be certain that the Village would not be caught in something • that was not consistent. 33 Minutes -Village Council Regular Meeting 04/13/06 Page 34 • Ms. Harding noted following this item is the proposed fee schedule. She felt the way it is currently done is a complicated way of charging fees, and they have eliminated that and simplified with the new proposed fee schedule. She stated they have created flat fees where there were none before, so now if someone gets a pool it is a fixed amount, and not based on the cost of the pool. She felt the quality of construction is not an element in the fees. Council Member Watkins noted she definitely liked the fact that they are not going to encourage to build a poorer quality. Vice Mayor Paterno stated it was fine for him, and understands both sides of the issue, and felt this proposed fee was simple. He noted he understands it happens that when someone goes in to get a permit it is costing $10,000, and as soon as they get the permit they upgrade all the stuff, and then they are up to $30,000 because they do not want to pay the other $20,000. He noted if the Village makes it by square footage it is simple, people come in when they feel they are getting an honest shake, and it just works. Council Member Genco pointed out Council has to pay $50.00 for political signs. Ms. Harding stated it would be for as many as they would want. She felt it was a way of monitoring the signs, but once they get the permit they could put as many signs as they want. Mayor Humpage explained his permit fees the minimum permit fee, is the same now as • when he went into business. Vice Mayor Paterno noted he saw the 1975 date on the permit fees. He felt at the same time everyone is building new homes, and the people that live here at this point are actually subsidizing the new construction and costs. Mayor Humpage felt this would work along with the other municipalities and counties, because it will bring the Village in line with them. He felt this would not be any great surprise to people in the building industry. Public Comment -None Council Member Genco asked if they were going to renumber things, or leave it the way it is in the codebook, and note that this section was deleted. Ms. Harding stated yes. (A motion was made at the beginning of the discussion) Attorney Hawkins read for the record the title of Ordinance 604. Motion passed 4-0. 34 Minutes -Village Council Regulaz Meeting 04/13/06 Page 35 ' b) RESOLUTION 67-05/06 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Revising Appendix C, in Chapter 14, Article VI, Permit Fees, Section 14-152, Building Permits; Whereas Appendix C, Permit Fees is herby officially adopted by this Resolution. MOTION: Council Member Watkins moved to approve Resolution 67-05/06; seconded by Vice Mayor Paterno. Attorney Hawkins read for the record the title of Resolution 67-05/06. Motion passed 4-0. 24. RESOLUTION 69-05/06 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Approving a Lease Agreement between the Village of Tequesta and Palm Beach County, Florida, for Lease of Real Property located at 465 Seabrook Road, Tequesta, Florida, for the purpose and operation of a Fire Station by Palm Beach County Fire Rescue Department, and authorizing the Village Manager to execute the applicable contract on behalf of the Village. Fire Chief James Weinand commented what Council has before them is a lease that was requested by Palm Beach County. He commented this lease ' extension was for Seabrook Road Station 11, and the current lease is scheduled to expire in June 30, 2006. He noted this is fora 2-two yeaz extension. Mayor Humpage stated initially PBC wanted more time on the lease. Chief Weinand explained initially they wanted a 3-year lease extension, and they negotiated back down to a 2-yeaz extension. He pointed out the Village provided the language in the document that ties into the Mutual Aid Agreement. He stated the penalties are not great if they violate it, but PBC did agree to add the language. Mayor Humpage asked he was ok with the agreement. Chief Weinand stated this is a wide range of things, and depending on how you look at this, you can look at this in all different angles, whether is it good for the Village, or bad for the Village; whether it hurts with annexation, whether it does not. He stated those are all things that are over his head. He noted as far as protection for the residents, yes he felt it was a good thing to have this station renewed. He commented as long as they work with the Mutual Aid, and they back up the Village, it is like 3 additional people on duty that the Village is not paying for. Vice Mayor Paterno suggested after talking with Chief Weinand and the Village Manager that he felt Council may want to address getting reimbursed from the County. He commented using last years numbers Station 11 had approximately 411 runs, 33 runs on the average per month. ' He noted in the month of January the Village did, the difference between 35 Minutes -Village Council Regular Meeting 04/13/06 Page 36 what they gave us, and what we gave him, the Village did 33% of their runs. He pointed out it was something for Council to think about, because the Village is doing more runs than they used to. Mayor Humpage questioned whether they were medical runs. Chief Weinand commented they were medical and fire. Mayor Humpage asked how many were medical. Chief Weinand stated the Village gets money for the transports for the medical runs He stated he could not give the data at this time. Vice Mayor Paterno noted if it was a transport. He commented it was $369- $400 per transport, but at the same time the Village was paying a lot of money, and maybe they should reimburse us, because basically the Village is supplying them 30% of their runs in the unincorporated area north of the River. Council Member Genco noted when the Village originally approved the Mutual Aid Agreement Council was told that was not the case. She asked what has changed. Chief Weinand commented nothing had changed, it works exactly the way the Mutual Aid Agreement was approved. Council Member Genco noted Council discussed the potential of it being unbalanced where the Village of Tequesta would be covering more, and when they discussed it they were told it would not be the case. She questioned what has changed in the mix that has caused this to happen. Chief Weinand stated he would have to look back at every run to give them a good analysis, because he does not have that in front of him this • evening. He explained if Council looks at the year there were a lot of things that went into the Mutual Aid this year, such as the bridge closing on State Road 707 where the Village covered their area, and they covered our area. Also Tequesta Drive Bridge went out, and other different things. Council Member Genco pointed out then the numbers that Vice Mayor Paterno was referring to reflects all of these extraneous events that happened that the Village did not anticipate. Vice Mayor Paterno stated he was referring to the Chief's monthly reports. He explained this year the Village got 8 runs from Palm Beach County, and the Village gave them 23. He noted Martin County the Village got 0, and the Village gave them 7. He felt if they combined all that the Village got and all that the Village was given, the Village gave 30 and got 8, there is a difference of 22, and in that month the Village did 110 runs. He commented they are looking at a 20% of Mutual Aid going the other way. Council Member Genco pointed out these numbers were for January 2006. Vice Mayor Paterno noted it was good that they were there to help, but at the same time the Village needed to be reimbursed. He went on to explain as of January 2006 the Village was doing 33% of their runs. Council Member Genco noted in return Palm Beach County was only doing 12% of the Village's runs. Chief Weinand agreed, and mentioned on his aspect of looking at the protection of the Village how could anyone put a price tag on bringing in a • unit when there is not a unit. 36 Minutes -Village Council Regular Meeting 04/13/06 Page 37 He stated the service is there and is available. He commented these are things over and above what works on the street. Council Member Genco noted Vice Mayor Paterno bangs up a good point, the Village is wearing our equipment, and stressing the Staff more, and there is no compensation for that. She noted Council was under an understanding when they signed the Mutual Aid Agreement that it was going to be an easy deal. Vice Mayor Paterno felt what has happened is the Village has gone to the County's radio system, so they dispatch us, and our staff does such a great job, and are available in 4 or 5 minutes. He mentioned Station 11 people also are sent to Jupiter, because they send them for training, and maybe they do not have them available at times. He felt if the Village was going to agree to this in the lease, he suggested maybe this is the time to approach Commissioner Marcus, and the County Chief to say the Village needs to be reimbursed somehow, or maybe collect the percentage (3 `/2 mills) they are getting for fire for the residents portion. He felt the Village should be collecting some of that revenue to help subsidize the service Fire is providing them. Council Member Watkins questioned how does this affect our Mutual Aid Agreement. She indicated if the Village is part of a Mutual Aid Agreement, and say we want to participate, but we want to charge them; she felt that skewed everything. Vice Mayor Paterno noted before the agreement they charged the Village. Chief Weinand pointed out everything could be reversed next month, that the Village draw in more services than we give out. He commented there has been a trend, and Vice Mayor Paterno was correct that the Village gives more mutual aid out then we have receive. He pointed out ever since this began in 1993, the Village has always given Martin County 3 times the mutual aid out then they have brought in. He felt it was a good part of doing business, and to have their resources to draw upon if needed. Council Member Genco asked if it would be a burden on Staff for Council to ask that they give a recap on a three-month basis of what is going on, such as the number of runs. She stated if Council sees a trend over the next 6-12 months then they need to address the financial aspects of it with the County. Vice Mayor Paterno felt it was a great opportunity now to talk about it with the lease. He commented the Village is not going to kick them out at this point. Council Member Genco felt the lease was not the way to do this, because they have come a long way, and would not want to hold the lease over their head. She felt they have treated the Village upfront on things, and if they could demonstrate to them that it is costing the Village more than it should to provide services to their residents; she felt they would do something. She stated if they do not, the Village would have anyone year of the lease, and Council does not do it again. Mayor • Humpage agreed, and stated that would be the way to go. 37 Minutes -Village Council Regular Meeting 04/13/06 Page 38 Vice Mayor Paterno indicated he did not want to see the runs keep growing, and all of sudden our guys are doing all the runs. Council Member Genco noted the Village needs to have more than a couple of months of data to show that this was not an aberrant occurrence; she suggested at lease 6-12 months of data. Council Member Watkins mentioned if and when the Village does that they should copy the County or whoever needs to be notified that the Village is watching this now, and this is what is happening, and let them know Council is going to take the posture that the Village needs to be compensated at some point. She agreed the Village needed to look at it for more than a quarter, and felt maybe a year. She commented Chief Weinand would now know to track it and provide it to the County, and Martin County, so that they have a heads up we are watching this. Council Member Genco commented let them know Council has asked the Chief to provide them with it every three months regarding the status of the Mutual Aid. Vice Mayor Paterno asked whether to let the Chief and the Village Manager try an address and work with Commissioner Marcus, just like they did with the code enforcement issue. Council Member Genco noted the Village needed to get some facts first. Mayor Humpage agreed. Council Member Genco noted the Village would be monitoring this, so maybe in 6 months they can reevaluate it. Council Member Watkins pointed out right away they would know, seeing this come from the Chief, what direction Council is heading toward. She felt they needed the data to prove the point. Chief Weinand indicated they can get the data, and it is available for the past year also. He noted it might be a little skewed with the circumstances, with the bridges, etc. He explained working with the County is a lot safer for the staff, they enjoy it, the moral is higher with them, and they are getting valuable experience. He commented this gives them a chance to get into Jupiter, and into some of the fires, the Village does not have here. Vice Mayor Paterno noted he agreed, but just wanted to be reimbursed. MOTION: Council Member Watkins moved to approve Resolution 69-05/06 for the Lease Agreement with Palm Beach County for Fire Station I1; seconded by Vice Mayor Paterno. Attorney Hawkins read for the record the title of Resolution 69-05/06. Motion passed 4-0. 25. RESOLUTION 72-05/06 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Establishing a Revised Fee Schedule for Fire Inspections preformed by the Fire Rescue Department, in accordance with Section 34-63 of the Village of Tequesta, Palm Beach County, Florida Code of Ordinances. s 38 Minutes -Village Council Regular Meeting 04/13/06 Page 39 Chief Weinand commented what Council has before them is a recommendation to increase the Fire permit fees. He noted their building permit fees have not been increased since 1993. He felt it was a modest increase, and if they had increased 3% per year it comes up to more than what they are asking for now. He mentioned they were also changing the fee structure to fall in line with what Community Development is doing, setting a flat square footage instead of valuation. He felt it was important to follow suit with what they do, so it does not give confusion to the developers. Chief Weinand pointed out whether the costs of construction were $1,000.00 or $175.00 per square feet it is still the same amount of inspections. He commented Staff was also asking that the Village impose some additional fees that they have looked at over the years, and have been tracking: 1) add a $50.00 fee for Fire disaster operational plans. He noted a lot of nursing homes aze required to have these plans annually reviewed, and they are time consuming; 2) locked or blocked exits there would be an immediate fine of $75.00; 3) a chazge of $85.00 for Staff consultations. He noted developers will send in architects and they will spend all morning, and they do not get any fee for that work. He commented he would like to get something back for their time; and 4) asking that multi-family units pay $2.50 per unit for an inspection fee. He noted when they go out to the highrises and do an eleven story building, they could be out there % day and they are not currently charging for them. He noted there is no enticement for them to comply, because there is no fees or penalties, so they keep going back for re-inspections. He indicated they are trying to eliminate that with the new fee. Council Member Genco clarified when he says $2.50 per unit does he mean the building. Chief Weinand stated $2.50 per unit in the building. He commented if it has 20 units it would be more versus a building with 10 units. Council Member Watkins felt it should be more than that. Council Member Genco suggested make it closer to what it would be for a residential residence, probably $25.00 or $50.00. Chief Weinand noted there is a flat minimum permit fee of $50.00. Council Member Genco suggested $50.00 per unit. Chief Weinand commented that would get very expensive for some of the units. He noted if you look at all the different units, for instance, Tequesta Gazdens those units do not take a lot of time, compazed to the highrises that have fire pumps, sprinklers, etc. Chief Weinand noted if they start with this fee schedule it would give them a good basis, then they could track the time and then come back and adjust it next year. Vice Mayor Paterno suggested why not do it by floors, and extra fee every floor. He felt that way it would accomplish what the Chief was staying with the higher buildings. 39 Minutes -Village Council Regulaz Meeting 04/13/06 Page 40 Council Member Genco suggested they should get at least $5.00 for walking in the door. She felt they needed more than $2.50 per unit. Chief Weinand stated this is a fee that has never been imposed on the Village. Council Member Genco commented she was sure they were talking at least 5-10 minutes per unit, suggested doubling what the Chief is proposing. Mayor Humpage noted he could see where they needed the re-inspection fee, because there is no incentive to get it done. Chief Weinand agreed, and noted that is what happens. He noted if Council looks at the residential units for 1 and 2 story units it is $2.50 per unit, for 3 and 4 story it is $5.00 per unit, for 5 stories and over it is $7.50 per unit. He commented it is tiered already. Council Member Genco suggested doubling the numbers. She felt it was very reasonable rate, noting they are professionals, and they are going in and rendering a service. Vice Mayor Paterno pointed out doubling them would also increase the $7.50 per unit to $15.00 per unit. Mayor Humpage asked if the only time they are getting into 5 stories was over on the beach. Chief Weinand agreed. Mayor Humpage noted if they keep everything at $5.00 then everyone would be the same. Chief Weinand noted the reason they went to $5.00 per unit on the buildings over 5 stories, was because they have sprinklers, and have sandpipe systems. He noted there is a lot more to inspect in a higher building versus a building under 4 floors. Mayor Humpage asked if there was a sandpipe inspection fee also. Chief Weinand commented that is for when someone is putting a new one in a building. Consensus of Council agreed to $5.00 per unit across the boazd. Attorney Hawkins noted if Council was going to move to approve the fee schedule they would need to do it with the modifications. Vice Mayor Paterno asked what the re-inspection fee was. Chief Weinand stated $35.00. Vice Mayor Paterno questioned whether that was no matter how many units have a problem. Chief Weinand noted that is correct, and when they go in to do an inspection on a condominium it would be for the entire condominium. Vice Mayor Paterno suggested anytime they have to go back for re-inspection, the more times they go back, it should double. He commented if they have to go a 3`~ time it should cost $70.00, and if they have to go back a 4~` time it should cost $140.00. Chief Weinand stated it would help with compliance. Vice Mayor Paterno commented at $35.00 they say come back next week. Chief Weinand noted when Kmart was in town, they had inspection fees that run over $300.00, because they had to go back 10 and 11 times to get compliance. He noted it is really hazd to get compliance with some of these, and anything like this would help. He pointed out the initial inspection fee covers the first inspection, and one re- inspection. He noted if they come back for another inspection that is when the $35.00 comes in. 40 Minutes -Village Council Regular Meeting 04/13/06 Page 41 Vice Mayor Paterno noted each subsequent inspection would be doubled. Chief Weinand clarified each re-inspection after the 1St one would continually double up. Mayor Humpage agreed the first inspection and one re-inspection, then it is $35.00, and after that it doubles until they come into compliance: $35.00, then the 4th $70.00, and the 5th $140.00, etc. Council Member Watkins commented it would double with each subsequent inspection. Consensus of Council agreed. Chief Weinand noted the locked and blocked exit is a new fee, but true to his belief. He would not want to be in a building where someone could not get out because the door was locked or blocked. MOTION: Vice Mayor Paterno moved to approve Resolution 72-OS/06, with the proposed amendments to the fee schedule; seconded by Council Member Watkins. Attorney Hawkins read for the record the title of Resolution 7205/06. Motion passed 4-0. Mayor Humpage mentioned Council was going to take a short breal~ Mayor Humpage recessed the meeting at 10: 00 pm, and reconvened the meeting at 10:11 pm. 26. RESOLUTION 66-05/06 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Increasing the 2005/2006 Community Development budgeted expenditures, for Departments #150- Planning; #180 -Building, Zoning and Licensing; and # 181 Code Compliance by $119,750 (see attached Exhibit A); Increasing Budgeted Revenues by $79,100, and Appropriating additional Unreserved Fund Balance of $40,650 to fund the Reorganization of Community Development and Authorizing the Village Manager to proceed on behalf of the Village. Ms. Catherine Harding, Director of Community Develoopment reported she had reorganized the Community Development Department and wanted to bring all services in-house, which would reduce the amount of time for the current consultants and also provide more availability of the inspectors to the public. Ms. Hazding advised that currently there was an outside consultant for planning and an outside consultant doing inspections. If there were an in-house inspector, there would be more control and more time could be spent out in the community to see what was going on, while right now the inspectors had to fly through in order to do their job. The net expense of the two current consultants was the same as hiring someone with benefits. Ms. Harding advised that the budget was wholly inadequate when she had taken over, and every time she did something she had to switch things around in the budget to get something paid. Z 41 Minutes -Village Council Regulaz Meeting 04/13/06 Page 42 She had assessed the needs and realigned the budget with proper amounts ~ in the right line items so that when she needed to draw on it, the money was there. Council Member Genco asked Community Development Director Hazding to explain what positions currently existed and those proposed. Ms. Harding advised that currently Ms. Marilou Kuper was the Secretary and did some licensing, but was coming around to doing more of Ms. Hazding's letters. Letters were sent for approvals of conditional certificates of occupancy, and to corm agreements with developers, and Ms. Kuper was doing very well. Maureen McGuinniss was issuing licensing to builders, to home occupations, to businesses, and also did all the permits, with Ms. Kuper's help. There was also afull-time code enforcement official and he was getting very good results. Director Harding reported Hy-Byrd did all the building inspections, and when she had met the inspector he had reported he was not serving the community in good conscience because he had to rush through to take care of the Village in addition to his other clients. Director Hazding noted that usually alast-minute inspection could not be accommodated, and she would like someone who was in-house who could go whenever someone needed an inspection. For the requested planner, Ms. Harding explained she did not want to bring in a high-end planner, but someone who could answer all the code questions and work with the communities and attend meetings with the county, etc., and mainly handle day-to-day zoning in the office. Ms. Harding indicated she would like to be able to spend more time out in the community so that residents would identify with the Community Development Department, and would want to work with and support the department. Council member Genco commented when she came to work at the Village there had been about ?5 employees-now there were over 111 and part- time personnel, while the population had not increased that much, and building was pretty much completed, except for reconstruction. Council member Genco asked if there was a way of doing this with part-time help. Community Development Director Harding indicated she did not think so, and advised that although lots were built out there was redevelopment all over the Village-buildings were being tom down and new ones constructed, and proper staff was needed to handle that, because most of what was coming in now was high-end construction. For the same cost as the current planning consultant, there could be afull-time employee, and what was being paid now to Hy-Byrd for flighty inspections was much more than the cost of a full-time inspector who would do the job the Village needed. Council member Genco commented that an inspector and a planner would be a lot of staff. Mayor Humpage clarified with Ms. Harding that she had stated that for the current out-of-pocket cost she could add both these employees full-time, including their benefits. 42 Minutes -Village Council Regulaz Meeting 04/13/06 Page 43 Council member Genco advised she was seeing the market slowing down, and if the Village got into a slowdown and had a lot of staff, they could not just let people go because things slowed down. In Council member Genco's opinion, an employee that cost $50,000 this yeaz would cost another $17,000 to $20,000 in three more years. Mayor Humpage asked if the same logic wouldn't also apply to a subcontractor whose rates went up. Council member Genco responded that the planning consultant was getting half of what he got three years ago-Mr. Horniman had been getting $100,000 when she came, then it was cut to $70,000, then $60,000, and now was $55,000. Council member Genco noted the Village had already had a planner and that did not work. Community Development Director Harding advised she had cut the outside services and she had taken on that responsibility herself, and it was an overload. Council member Genco responded she was not questioning that Ms. Hazding needed help, but she did not know why two more people were needed in a Village that had not increased in population and was 9$% built out, and every time afull-time employee was hired there were insurance costs, vehicle costs, office costs, and pension costs. Council member Genco commented she did not expect future tax revenue to be as much as in the past few years, and when it stabilized, the Village would be at a point where revenues would not take care of operating expenses-and she was really getting nervous about that. Director Harding commented part of the reason she had done this in conjunction with the fee increase was the fee increase would cover these expenses, and under State Law a building department was supposed to pay for itself but not make a profit year after year. Council member Genco advised that Community Development used to be an enterprise fund but that had been changed in order to roll the extra money into the General Fund. Director Hazding commented the fees were supposed to cover the cost of n~nning the office. Council member Genco asked what would happen when there was no longer any building, to which Director Harding responded there would be repairs and reconstruction of large buildings. Council Member Genco commented that the Council's vision was not to have that happen, and Vice Mayor Paterno would not let that happen. Council member Genco stated she was very concerned about adding two new full-time employees, but at the same time was cognizant that Director Harding probably did need help right now with two new construction projects starting. Vice Mayor Paterno commented he had had the same concerns expressed by Council member Genco, being conscious of the money and needing to be fiugal. Vice Mayor Paterno noted since Ms. Harding had been with the Village he had seen major accomplishment; therefore, he was willing to give her the benefit of the doubt, and he believed by having personnel in-house she would be able to do a far more efficient job and a better job. 43 Minutes -Village Council Regulaz Meeting 04/13/06 Page 44 He believed the department was working as it should, and he had a lot of confidence in Ms. Hazding. Council Member Watkins shared the concerns expressed, except she did not agree that the employee count would be up to 113, and indicated the council had also wanted to reduce the amount of outside contractors. Council Member Watkins stated she believed it would be more efficient to have in-house personnel, and to be able to manage employees on a day-to-day basis was a much more efficient way of doing anything. Council Member Watkins agreed that the housing mazket had already slowed, but also, because people could not afford to move up in the county, they would be building additions or rebuilding on their own property. Council Member Watkins noted this community had decent size lots and people were really in a bind with the property tax situation if they wanted to move within the county, so she believed there would be more people making improvements to their current property. Council member Watkins commented she liked the idea of having in- house people so that the work could be structured to be most efficient, and this would not be at a higher cost than using the current consultants. Council member Genco stated she disagreed with Council member Watkins' opinion on the employee count, and stated it was well over 111. Vice Mayor Paterno asked for the employee count. Assistant Village Manager Gazlo responded an analysis had been done, which showed 78 full-time employees, 12 part-time, and also a category of seasonal employees for Parks & Recreation for which he did not have the number. Council member Genco commented the Council had gone through these numbers many times and there were 111 or more employees, whether or not they were seasonal, and when she started with the Village there had been a total of only 78, so no matter how one looked at it the Village had gone from 78 to 111+ employees, which was significant. Council member Genco commented she was not azguing over the fact people needed help, but you had to look at it not just as an immediate need but as alonger-term need, and if someone was hired she did not want to find in a few months that they were not needed on a full-time basis. She indicated once someone was taken in, they would not be let go, and she would not expect that to be done. Council member Genco commented the Village had had a planner and that didn't work out. Council member Watkins reminded Council member Genco that had been a particulaz situation, and she did not think Ms. Hazding would ask for a planner if she did not think she needed one. Council member Genco commented planning had to do with comprehensive planning and community planning, and asked how much more planning Tequesta had to do. Mayor Humpage commented if the Village was spending that much money with a planner now, they must be doing something. Council member Genco responded that there had been a lot of comprehensive planning and now Attorney Roselli was doing a lot of the work that Mr. Newell had been doing, and she had been helping with re-writing the code. 44 Minutes -Village Council Regulaz Meeting 04/13/06 Page 45 Vice Mayor Paterno expressed his opinion the Village was not getting its money's worth with some of the people being used currently, and he thought it could be done more efficiently. Vice Mayor Paterno expressed his opinion that the planner would also be doing other things, to which Ms. Harding responded that was right, it was not going to be a high-end planner, but would be a planning assistant to fill the needs in the office. Director Harding commented the department was not providing any services, and the public wanted those services and called every day. The code issues were now being fulfilled with the proper code enforcement, but the problem was there were not even the right services for the building inspections-when people asked questions someone should be able to go out in the field and answer those questions, and that could not be done. If she had to wait until the next day when the inspector came in to see if he had time to fit someone in, we were not doing what we should be doing, and the thrust of this was to provide the kind of services to the community that they expected and what was required under the codes-not just padding up with more personnel, because if that were the case she would not even want them because she would be responsible for them. Council member Genco indicated she did not think this would be padding up, but she really questioned adding two full-time employees, and noted the Last person who held this job before Ms. Harding when doing budget projections had had a very different opinion of what was needed. Ms. Hazding responded the person before her didn't do the job. Vice Mayor Paterno noted there had been a problem of not having any final inspections; he had looked into this and believed this to be true, and she was trying to correct problems. Council member Genco asked why the Council had not been made awaze of that. Vice Mayor Paterno commented no one knew. Mayor Humpage commented he had exposure to Ms. Hazding where a lot of the rest of the Council did not, because he dealt with that department a lot, and the feedback he had akeady received from people like Mr. Van Brock was amazing-they thought the Village had done a 360 degree turn--and he understood Council member Genco was anxious about spending. Council member Genco commented it was also that the Village was building a new building that was to accommodate so many people and now there would be more, so the building would be crowded and therefore the building was already obsolete. Mayor Humpage disagreed that the building was obsolete. Village Manage Couzzo advised the building was designed to accommodate the personnel being requested, and Ms. Harding was asking to change from outside contracting to in-house personnel so that the level of service could be improved. 45 Minutes -Village Council Regulaz Meeting 04/13/06 Page 46 Village Manager Couzzo noted it was unknown how the mazket would affect the Village in 5 yeazs-no one knew, but he believed this was a good plan because it would enhance the level of service to the Village, and by amending the rate structure the differential was $40,000 in the first yeaz. The Village Manager advised that if this were approved and it was not working next year, staff would be coming to the Council to say it was not working, and then changes would be made. Mr. Newell had had an entirely different approach and when Ms. Harding was hired he had told her he wanted her to analyze the department and he would try to give her the latitude to provide excellence in that department. He did not necessarily think a comparison should be made with the approach Mr. Newell had had, and Ms. Harding was now Community Development Department Director. Council Member Genco stated she respected Ms. Hazding--she was very professional, but this would increase staff by 40%. Village Manager Couzzo noted with such a small staff it was a big percentage, but commented Vice Mayor Paterno had said it quite well, and the Village gave key people the opportunity when they were brought in to develop the department and expand the level of service, and then measured them accordingly. Mayor Humpage commented department heads were expected to do the best job they could and he respected Ms. Hazding's opinion, and also there was a financial tradeoff. He realized there might be some risks down the road, but in his opinion Ms. Harding should be given the green light to go forward. Vice Mayor Paterno noted there were other sources of money, such as Palm Beach County, and all sources of revenue needed to be pursued. Council member Genco commented she was hoping that money would be on boazd before this was approached. Village Manager Couzzo commented this went back to comments made tonight by the Council and members of the audience that Tequesta was the best community in the State of Florida, and advised that in order for that perception to continue, the Village must continually re-examine how to raise the bar. The Village Manager commented he had told both Assistant Manager Gazlo and the Police Department earlier that he planned to send them a letter tomorrow regarding their exceptional job in providing security tonight, and you would not even know there had been a potential problem and a very difficult situation, and that opportunity should be provided to the other departments. When Finance Department Director Forsythe came there had been no one in the Finance Department, and now there were eight people counting customer service, and there was a different level of service and no one was questioning what Ms. Forsythe did in Finance. Council Member Genco responded to the Village Manager that she had a lot of concerns-the Village was building a building she believed would be obsolete in two to five years at the rate the Village was going; and she was concerned about budget projections, and about the market. Council 46 Minutes -Village Council Regular Meeting 04/13!06 Page 47 member Genco commented Code Enforcement had just become full-time, and the Village was hoping Palm Beach County would help with that. Council member Genco stated she saw no big projection for the Village that would require a planner, but she did feel an inspector was needed. Village Manager Couzzo commented he did not think there was an argument on the inspector, but that there were questions on the planner; however, if Ms. Harding felt she needed a planner it would have to be seen if that was justified. Council member Genco asked what the planner would be used for, to which Ms. Harding responded when she came in each morning there were approximately ten phone messages for her to respond to, to answer zoning questions, so she had to stop her work to make sure those people got an answer because their next call would be to the Manager or Council. Council member Genco suggested getting a zoning technician. Director Harding responded that was her plan-maybe the word "planner" was confusing-this was a low level planner type and she could not have somebody with no planning experience or they would be useless, but this person would grow with the department if the department grew, and if not, it was not ahigh-end person and would be something the department could work with. Vice Mayor Paterno commented what was really wanted was a zoning technician with the credentials of a beginning planner. Council member Genco noted there was a difference in the market, and planners did not usually have as much longevity in the job. Vice Mayor Paterno commented he was just trying to figure out something to make everyone happy, to which Council member Genco responded she did not think she was going to be happy, so not to worry about her. MOTION: Council Member Watkins moved to approve Resolution 66-OS/06; seconded by Vice Mayor Paterno. Attorney Hawkins read for the record the title of Resolution 66-05/06. Motion carried 3-1 with Council member Genco opposed. 27. Discussion of Compensation and Classification Study for Village Employees Mayor Humpage recommended this be delayed to the May meeting. MOTION: Council Member Genco moved to table the Discussion of Compensation and Classification Study for Village Employees to the May Village Council meeting; seconded by Council Member Watkins; motion passed 4-0 vote. t3 47 Minutes -Village Council Regulaz Meeting 04/13/06 Page 48 Village Manager Couzzo suggested even though they were taking no action on this item this evening, that the Council hear comments from Mr. Dave Evertson, who was conducting the study, since he had traveled from Arizona. Mr. Evertson commented interpretation of data was most important, and although the Council had expressed differences of opinions on a lot of different things tonight, it had been interesting to see how they came together, and he was very impressed. Mr. Evertson asked the Council members to think about what a position was worth-if you were a department head with employees what it was worth to the organization, what it was worth compared to the market, etc. There were so many different perspectives on what a position was worth-whether you were government or non-government, whether you were an applicant looking at a salary range, or the worth to an existing employee within a position. The second question was, What do you value? There was quantity, quality, experience, knowledge, longevity. What he had been asked to do was to determine whether or not the current job classifications internally were equitable, whether the ranges were appropriate internally, if there were inappropriateness to make recommendations for adjustments, and then to compaze those to similaz communities with a variety of criteria that they used to determine comparable positions within comparable communities with comparable types of services. Mr. Evertson noted it was interesting that Tequesta offered services more like those of Palm Beach County communities and less like those in Martin County, but if looking at size or budget as a factor, Tequesta was more like smaller communities in Martin County. So there were variables and depending on what one valued, it could mean one thing to one person and something else to another person; therefore, when he looked at the data, he questioned should he have used this city and not another, or one position or another, and it was not an exact science but was intended to was to provide as clear an illustration as possible of patterns, disparities, or irregularities within the paying classification system. Mr. Evertson explained the process that had been used was to have each employee complete a survey listing what their position required in terms of knowledge, skills, ability, experience--not what they had, but what the position required. This provided a tool to create a hierazchy to compaze all the positions in the organization and weigh them in terms of how they ranked with one another, creating a "what is this position worth". They tried to come up with the market value of a position and also what the value of a position was internally-what it meant to the Village. Mr. Evertson referred to his report, and explained that the positions of communications supervisor, detective investigator and police administrative secretary scored identical, based on compensable factors, and the grade was very close, but there was a difference in what the market was paying for those positions, which made it difficult to come up with a proposed grade. Looking at the uniquely different positions of 48 Minutes -Village Council Regular Meeting 04/13/06 Page 49 Police Lieutenant, Police Department Executive Secretary, and Finance Department Accounting Clerk it had appeared the positions were very close in terms of knowledge, skills, and abilities but the current grades didn't match at all, so then the survey average was referred to in order to see what was correct. All the survey did was help identify if there were irregularities in the relationships between positions. The questions to consider were, what is the position worth on the market and what is the position worth within the organization, and he had tried to come up with a way to help identify if there were some positions that needed to be reclassified. Salary data was also provided that showed where they were in relation to the midpoint, the minimum and the maximum. There were eight positions above the maximum, but those positions might be properly classified; the ones that were below the minimum might also be properly classified, and he recommended focusing on those first to see if they were properly classified and if there were other factors that should be considered. Mr. Evertson advised that sometimes there was an employee who had been with the Village 13 years and another only two years who was making more, and those inequities needed to be addressed. Mr. Evertson recommended that once a baseline had been established, to go back and evaluate employees from the perspective of if one was going to hire that employee today if the salary that employee was making would be appropriate--if the conclusion was that they would be hired at a different rate, then that was the answer. If the organization in the past had awarded longevity, then it might not be appropriate to penalize along-time employee because they happened to be outside that range. Mr. Evertson explained there were unique positions, one of which was that of City Manager, and many larger cities did not even have a range for the position of City Manager, but looked at the individual's value. Mr. Evertson noted there had been no discussion about duties, and it would be up to Village management to determine if a person was doing proportionally more work, and if so, they should be proportionately compensated for that. If they were wearing multiple hats for what were two separately classified positions, in most other comparable communities, then the differential pay should be considered, and it might be entirely appropriate for them to be outside the maximum range. There were no absolutes, but this was intended to provide information, and hopefully raise questions, and several employees had come back to him with questions. Mr. Evertson commented the Village benefits were very comparable to the smaller communities, and he had been impressed that the Village had been able to provide health insurance premiums without an increase when the national average was an increase of 15% to 20% annually. Information had been provided in the benefits section of his report regarding what other communities were doing and might provide ideas for things the 49 Minutes -Village Council Regulaz Meeting 04/13/06 Page 50 Village would like to try. Mr. Evertson stated, from what he had seen, the Village valued quality, and the question often asked of him was whether employees were paid too much, and his response was he had not known too many public employees who were paid too much Mr. Evertson expressed hope that the information provided would help, empower the Council to ask questions and make decisions, and recommended discussing and analyzing the information, and at the end of the day to give guidance to the Village Manager. Village Manager Couzzo announced that Mr. Evertson would be here on April 22 and Council members could schedule time with him by coordinating through Mr. Couzzo's office. He would also be available later, and there was no urgency to adopting or implementing the results of this study--it would be done when the Council was comfortable with the information. 28. Council appointment of the Voting Delegate/Representatives for the Florida League of Cities 80th Annual Conference, August 10-12, 2006, Jacksonville, Florida. Mayor Humpage commented he had missed the first day last year but he had attended the second day and enjoyed it. Council member Genco reported the first day had been just a lot of people campaigning, but that had been predetermined. August 10 and 12 were the dates this yeaz, one of which was normally a Council meeting. Mayor Humpage announced he would not be able to attend next month, and Council member Genco would not be able to be present, so it would be necessary to change the date of the May meeting. Village Manager Couzzo advised that the Village Clerk would call everyone to set up the date for the May meeting. Consensus of Council was to have Mayor Humpage attend the Florida League of Cities 80th Annual Conference, Augustl0-12, 2006 in Jacksonville, Florida as the voting delegate/representative from the Village. XV. ANY OTHER MATTERS Council Member Watkins reported she had been severely misquoted in a newspaper article, and clarified that what she had said to the reporter was not that she couldn't support it, but that she was going to have to have a little more information. Council member Watkins advised that her problem was she was getting calls from people from Jupiter asking why Tequesta wanted this as a landmark when it was a Jupiter depot. The second thought to the reporter was she did not know if the building could physically be moved without being ruined in the process. Council Member Watkins indicated she wanted the Council to know she did not say she could never support it, but that she needed more information-and she did want the Council to know she was getting calls from 50 Minutes -Village Council Regular Meeting 04/13/06 Page 51 Jupiter residents saying why was Tequesta wanting to do this when it is a Jupiter depot. It was noted that the depot was in Tequesta now. XVI. ADJOURNMENT MOTION: Council Member Watkins moved to adjourn the meeting; Council Member Genco seconded the motion, which carried by unanimous 4-0 vote. Therefore, the meeting was adjourned at 11: OS p. m.. Gwen Carlisle Village Clerk 51 Oath of Office I, Geraldine A. Genco, do hereby solemnly swear that I will support, protect and defend the Constitution and Government of the United States and of the State of Florida against all enemies, domestic or foreign, and that I will bear true faith, loyalty and allegiance to the same and that I am entitled to hold office under the Constitution and that I will faithfully perform all the duties of the office of Council Member Seat 1 on which I am about to enter so help me God. r, -, A. Gehco, Council Member `4- 1 ~ b.6 Date ATTEST: f 5 j' ti-..~?~ v~ ~'~:.-ice ~L..~,~.. ~:`-c_- , Gwen E. Carlisle, CMC Village Clerk ```,,~h{i IFf~~'''i ~~~~~ ~~ .P ~. / ~ v •G 'i . fl ~, Date ~ ;~NCORpGr,AT~ ~N ~~~gFOF ~`O~```~~: _~'u~~unu~~~~` Oath of Office I, Jim HumpaPe, do hereby solemnly swear that I will support, protect and defend the Constitution and Government of the United States and of the State of Florida against all enemies, domestic or foreign, and that I will bear true faith, loyalty and allegiance to the same and that I am entitled to hold office under the Constitution and that I will faithfully perform all the duties of the office of Council Member Seat 3 on which I am about to enter so help me God. U ~~ ~ ~~ ~ Ji umpage, Council mb Date ATTEST: ,, Gwen E. Carlisle, CMC Village Clerk `~~~~~tmlN~~i ~~ E O F TF~~~~i Date ~~~ ~ , .... , , QG ~~~ v • pPP OR~~F` ~-~ y . ~ ~ ~ r 7 :, _>~ SEAL :y= ~INC~JRPORATED: ~Nj;• vG ~! • Q': i~~'9~,~~y f 4 `~9~? ~`Q``~~ ''' ~ ~~ ~ o l l 11111 O `~~O ~' ~~