HomeMy WebLinkAboutMinutes_Regular_02/16/2006MINUTES
VILLAGE OF TEQUESTA
REGULAR VILLAGE COUNCIL MEETING
THURSDAY, FEBRUARY 16, 2006
I. CALL TO ORDER AND ROLL CALL The meeting was called to order by Mayor Jim
Humpage at 7:05 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: Attorney Karen
Roselli, Village Manager Michael R. Couzzo, Jr., Village Clerk Gwen Carlisle, and
Department Heads. Village Attorney Scott Hawkins was out of town.
II. INVOCATION AND PLEDGE OF ALLEGIANCE
Vice Mayor Watkins gave the invocation and led in the pledge of allegiance to the flag.
III. APPROVAL OF AGENDA
MOTION: Vice Mayor Watkins moved to approve the agenda, as amended; seconded by
Council Member Genco.
Mayor Humpage noted Item 25 was deleted from the agenda.
• Council Member Genco asked that Consent Agenda Item 8, Village Council Emergency
Special Meeting Minutes January 27, 2006 be deleted from the agenda.
Council Member Genco removed Items 9, 10, and 17. She asked that Item 23 be
reordered before Item 19 on the agenda.
Council Member Genco she would like to add a (b) under Item 24 regarding charitable
donations. She noted she would like to give a donation in the amount of $500.00 for
sponsorship of the Jupiter Medical Center Foundation for an upcoming event.
Vice Mayor Watkins indicated she would like to add a (c) under Item 24, regarding a
donation to the Girl Scouts.
Council Member Paterno removed Items 14 and 15.
Council Member Paterno asked if he could add a (d) under Item 24, regarding a donation
to Jupiter Middle School.
Motion passed 4-0.
IV. UNFINISHED BUSINESS
RESOLUTION 59-05/06 - A Resolution of the Village Council of the Village of
Tequesta, Palm Beach County, Florida, Appropriating Unreserved Fund Balance
in the General Fund #001 and the Capital Improvement Fund #301, in the amount
of $350,000.00; Authorizing the Transfer of $350,000.00 from the General Fund
to the Capital Improvement Fund; and Increasing the 2005-2006 budget in the
Capital Improvement Fund #301, Account #301-900-381.001 "Transfer in from
General Fund and Account #301-337-653.605 "Bridge Improvements" in the
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Page 2
• amount of $350,000.00 and Authorizing the Village Manager to proceed on
behalf of the Village.
Attorney Roselli read for the record the title of Resolution 59-05/06.
Village Manager Couzzo indicated this was anaccounting/housekeeping issue. He
noted Council previously in session approved the expenditure of $350,000 to
make improvements to the Tequesta Drive Bridge, which will be happening on
Monday, next week. Mayor Humpage explained Council has different reserve
funds, such as the hurricane reserve and the General Fund reserve. He noted this
money would be taken from the reserve funds and moved for the purpose of
repairing the bridge. He mentioned on Sunday evening at 6:00 p.m., the bridge
would be shut down and would not reopen until the repairs are made. He noted
the materials will be delivered, and with a bit of luck, the Village hopes within a
week or 10 days the bridge would be reopened in its entirety, open in both
directions. Council Member Genco asked if there was a delay in receiving the
materials, could the bridge remain open until they are received. Mayor Humpage
responded in the affirmative. She asked if $350,000.00 included the salaries.
Village Manager Couzzo explained the Village was planning on closing the
bridge on Sunday evening, and not reopening it until it was repaired. He
commented what is going to happen on Monday morning, the workers will
mobilize to remove the center section of the bridge, and that will be part of the
• demolition as the first part of the repair, and the materials are being prepared and
shipped simultaneously. He indicated the Village was also going to do the
embankment work that was previously approved in the budget.
Vice Mayor Watkins asked if the bank work was going to be done at the same
time the bridge repairs were being completed. Village Manager Couzzo explained
simultaneously those contracts were going to happen. He stated instead of putting
a patch in the center section where the asphalt is going to be, they are going to
patch it and overlay the entire span of the bridge with a new coat of asphalt after
they have done the repairs. Council Member Genco commented regardless of
whether the support beams are here, the Village is going ahead and closing the
bridge on Sunday. Village Manager Couzzo noted the cranes would be pulling the
center sections out of the bridge. He noted the workers want to minimize the time
for the repairs. Mayor Humpage indicated the overtime was included in the
$350,000.00 figure. Vice Mayor Watkins thanked everyone involved with the
transition: Police Department, Code Enforcement, Fire Department and Public
Works.
Council Member Paterno asked if this was the time to talk about the bridge
restrictions when it reopens. Mayor Humpage noted that would be addressed at
another time.
MOTION: Vice Mayor Watkins_moved to approve Resolution 59-05/06; seconded by Council
• Member Paterno; motion passed 4-0.
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• 2. ORDINANCE 603 -SECOND READING - An Ordinance of the Village
Council of the Village of Tequesta, Palm Beach County, Florida Providing
Vegetation Standards for Proximity to Electric Facilities; Prohibiting Interference
with Utility Services; Providing for Civil Penalties; Providing for Severability;
Providing for Repeal of Ordinances in Conflict; Providing for Codification;
Providing an Effective Date.
Attorney Roselli read for the record the title of Ordinance 603.
MOTION: Vice Mayor Watkins moved to approve Second Reading of Ordinance 603;
seconded by Council Member Genco.
Mayor Humpage mentioned Mr. Don Kiselewski, Area Manager, FPL was
present if Council had any questions.
Public Comment -None
Motion passed 4-0.
VI. STANDING REPORTS
VILLAGE ATTORNEY -None
• VILLAGE MANAGER
Lineaz Park - He mentioned one of the major projects the Village was working on
was the Lineaz Park that runs north of Tequesta Drive, on the west side of Old
Dixie Highway, north to County Line Road. He indicated the project was moving
ahead very nicely. He explained Staff has done some work to decrease the project
cost. He mentioned Mr. Russell White, Public Services Manager had removed
some of the debris that would have been expensive if the contractor was to
perform the work. He indicated Assistant Village Manager Robert Garlo has made
the transition very easy, with the cooperation among the departments. Vice Mayor
Watkins agreed that was good the Village could use Staff to defray the costs.
Mayor Humpage pointed out the Lineaz Pazk was going to be great, and that the
trusses for the new Village Hall are also going up.
- Constitution Park - He mentioned the Pazk was also moving along, and that the
restrooms had gone up. He stated there are a lot of major Capital Projects going
on the Village.
VII. CONSENT AGENDA
All items listed under Consent Agenda are considered routine and will be enacted by one
motion. There will be no separate discussion of these items unless a Village Council
Member so requests, in which event the item will be removed from the Consent Agenda
and considered in its normal sequence on the Agenda.
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• Council Member Genco removed Items 9, 10, and 17.
Council Member Paterno removed Items 14 and 15.
MOTION: Vice Mayor Watkins moved to approve the Consent Agenda, as amended;
seconded by Council Member Paterno; motion passed 4-0.
Therefore the following items were approved on the Consent Agenda.
3. Village Council Regular Meeting Minutes January 10, 2006.
4. Planning and Zoning Advisory Board Meeting Minutes December 1, 2005.
5. Public Safety Officers Pension Board of Trustees Meeting Minutes November 8,
2005.
6. General Employees Pension Board of Trustee Meeting Minutes November 28,
2005.
7. Special Master Code Enforcement Meeting Minutes November 28, 2005.
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11. RESOLUTION 42-05/06 - A Resolution of the Village Council of the Village of
Tequesta, Palm Beach County, Florida, Approving a Proposal from Burke
Roofing Services, of West Palm beach, Florida, for Roof Repairs to the Water
Treatment Plant in the amount of $26, 250.
12. RESOLUTION 45-05/06 - A Resolution of the Village Council of the Village of
Tequesta, Palm Beach County, Florida, Urging Members of the Florida
Legislature to support the following issues during the 2006 Legislative Session.
13. RESOLUTION 47-05/06 - A Resolution of the Village Council of the Village of
Tequesta, Palm Beach County, Florida, Waiving the Requirement of Section 2-
251 of the Village Code of Ordinances that Inspectors for the General Municipal
Election Scheduled March 14, 2006 (And if Necessary the Municipal Run-Off
Election March 28, 2006), Have to be Qualified voters in the Village by allowing
the Inspectors of the Election to be Qualified voters in Palm Beach County of the
March 2006 Municipal Elections; and providing for an effective date.
16. RESOLUTION 56-05/06 - A Resolution of the Village Council of the Village of
Tequesta, Palm Beach County, Florida, approving a proposal from USA Software,
Inc. of Cooper City, Florida, for Police Records Management Software Upgrade
in the amount of $40,995.00, Having a FY 2005/2006 General Fund Police
Department Budget Allocation of $41,000.00 in Account# 001-172-664.601 and
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Authorizing the Village Manager to execute the applicable Contract on Behalf of
the Village.
18. Council to ratify the appointment of Mr. Robert Garlo, the 5`~' Member to the
General Employees Pension Board of Trustees.
18.1 RESOLUTION 57-05/06 - A Resolution of the Village Council of the Village of
Tequesta, Palm Beach County, Florida, Approving an extension of a Building
Inspection Services Agreement between Hy-Byrd Inc. Inspection Services of
Lake Worth, Florida and the Village of Tequesta providing for Construction
Inspections (Building, Electrical, Mechanical & Plumbing) Account # 001-180-
531.325 for the remainder of Fiscal Year 05/06, that will expire September 30,
2006.
18.2 RESOLUTION 58-05/06 - A Resolution of the Village Council of the Village of
Tequesta, Palm Beach County, Florida, Appropriating Unreserved Fund Balance
in General Fund #001, Increasing the 2005/2006 Public Works Budget, Account
"Other Contractual Services" #001-210-534.300 by $23,208.00 and Authorizing
the Village Manager to proceed on behalf of the Village.
END OF CONSENT AGENDA
• ITEMS REMOVED FROM THE CONSENT AGENDA
9. a) RESOLUTION 54-05/06 - A Resolution of the Village Council of the Village
of Tequesta, Palm Beach County, Florida, Appropriating Unreserved Fund
Balance in Water Utility Fund #401, Increasing the 2005/2006 Water Utility
Budget, Account "Building" #401-499-662.600 by $14,900 and Authorizing the
Village Manager to proceed on Behalf of the Village.
b) RESOLUTION 55-05/06 - A Resolution of the Village Council of the Village
of Tequesta, Palm Beach County, Florida, Approving the purchase and
installation of Hurricane Shutters for the Village of Tequesta Water Plant, in the
amount of $14,890.00 from Action Hurricane Shutters, Inc., of Jupiter, Florida, to
be paid out of Account #401-499-662.600 and Authorizing the Village Manager
to execute the applicable documents on Behalf of the Village.
Council Member Genco mentioned she was under the impression that this item
had already been budgeted; she asked why was money now being appropriated.
Village Manager Couzzo indicated the Village received insurance money for this
work, and the department did not budget, so the money needs to come out of the
payment the Village received and go into an expenditure account. Mayor
Humpage noted the department did budget for the telemetry and the phones, but
he did not remember budgeting for this item. Council Member Genco noted she
remembers talking about the repairs to the roofing on the buildings.
•
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• Village Manager Couzzo explained this is for hurricane panels for the building,
that was not anticipated at the time. Council Member Genco pointed out the item
said to install and replace, and the other one talked about the roof. She
commented she now understood that this was for new shutters for the building.
MOTION: Council Member Genco moved to approve (Item 9a) Resolution 54-05/06;
seconded by Vice Mayor Watkins; motion passed 4-0.
Attorney Roselli read for the record the title of Resolution 54-05/06 and
Resolution 55-06/06.
MOTION: Vice Mayor Watkins moved to approve (Item 9b) Resolution SS-05/06; seconded
by Council Member Genco; motion passed 4-0.
10. RESOLUTION 41-05/06 - A Resolution of the Village Council of the Village
of Tequesta, Palm Beach County, Florida, Approving a Proposal from Burke
Roofmg Services of West Palm Beach, Florida, for Roof Repairs to the Public
Safety Building in the amount of $13,550.
Council Member Genco asked for clarification on the amount that was budgeted
$15,049.00/$7,399.00 She questioned why there were two numbers on the agenda
routing sheet. Ms. JoAnn Forsythe, Director of Finance explained the two account
• numbers, as part of it was being allocated to 171, Police Department, and 192,
Fire department. Council Member Genco asked if money was being taken out of
two different places. Ms. Forsythe agreed.
MOTION: Council Member Genco moved to approve Resolution 41-05/06; seconded by Vice
Mayor Watkins; motion passed 4-0.
Attorney Roselli read for the record the title of Resolution 41-05/06.
14. RESOLUTION 49-05/06 - A Resolution of the Village Council of the Village of
Tequesta, Palm Beach County, Florida, Awarding a Contract to Sensus Metering
Systems, of Duluth, Georgia, in the amount of $114,061.59 for Touch Read Water
Meters, and Authorizing the Village Manager to execute the applicable contract
on behalf of the Village.
Council Member Paterno mentioned the reason he removed Items 14 and 15 was
because they had to do with the installation of water meters. He suggested that in
the future the Village purchase the drive-by meters for the U.S. One accounts,
because the safety for Staff in the Utility department. He explained otherwise they
are out there in the street reading the meters on U.S. One. He felt in the future it
might be a good idea to look into replacing those meters along those busy streets.
Attorney Roselli read for the record the title of Resolution 49-05/06.
•
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• MOTION: Vice Mayor Watkins moved to approve Resolution 49-05/06; seconded by Council
Member Genco; motion passed 4-0.
15. RESOLUTION 53-05/06 - A Resolution of the Village Council of the Village of
Tequesta, Palm Beach County, Florida, Awarding a Contract to Line-Tec, Inc. of
Boynton Beach, Florida, in the amount of $46,000.00 for Touch Read Water
Meter Installation and Meter Box Replacement, and Authorizing the Village
Manager to execute the applicable contract on behalf of the Village.
Attorney Roselli read for the record the title of Resolution 53-05/06.
MOTION: Vice Mayor Watkins moved to approve Resolution 53-05/06; seconded by Council
Member Paterno; motion passed 4-0.
17. Budget Adjustments for February 2006.
Council Member Genco questioned the budget adjustment for the repair to the
paver driveway at the Public Safety Building. She asked why was the Village
paying money to repair the building when it is brand new. Village Manager
Couzzo explained the bays in the garage hold the fire equipment, and as the trucks
come out there is a one inch to two inch drop, and the trucks are such a weight as
they come out they hit it, and actually depress and compact, so now it has settled.
He noted there was a drop, and those sections need to be removed, and will
• probably need a stabilizer. Council Member Genco felt it was a design flaw or
error. Village Manager Couzzo agreed. Mayor Humpage commented the Chief
was diligent when the pavers were put in and they were trying to compact the
earth to the point that it would not occur. He commented unfortunately it has.
Village Manager Couzzo stated this design change would incorporate a concrete
compound to establish the compaction needed, so when the trucks come out it
does not do the same thing.
Chief Weinand, Fire Chief mentioned this item actually came through the budget
process. He indicated this was a repair they knew about that needed to be done.
He mentioned when the building was built, it was built in stages because they
could not build the whole ramp at one time. He commented they did not get a
good solid compaction to the west of the ramp, and now things have shifted and
settled. He indicated they are hoping when they remove this, and re-compact it
that they should not have the problem. He noted those trucks are heavy, at 26 or
27 tons coming out of the apparatus bay. Council Member Genco noted that was a
viable reason.
MOTION: Council Member Genco moved to approve the Budget Adjustments for February
2006; seconded by Yice Mayor Watkins; motion passed 4-0.
CJ
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• VIII. COMMU1~iICATIONS FROM CITIZENS
- Ms. Helen Hirst, resident of West Indies Lane asked if there was any follow up on
the fishing incident in January on the Tequesta Drive Bridge. She commented she
would like to see restrictions on the bridge for fishing in the Channel. She
mentioned her husband had spoke with Village Manager Couzzo. Mr. Couzzo
indicated they spoke on the phone. He explained they have reviewed it at the
police department and Staff is going to recommend restrictions, but the Bridge
closed so closely after that, and there was no time. Ms. Hirst explained that her
son got caught with a fishing line and cut his face. She indicated it could have
been his eyes or his throat. She mentioned luckily the line broke, and would not
want to see this happen again. She asked if signs could be posted to restrict
fishing, and hopefully get the police to enforce it. Council Member Genco
commented that is the second person that it has happened to in the last 6 or 7
months. Ms. Hirst mentioned her son is 4 years old, and it would take about nine
months before the mark goes from his face. She suggested something should be
done to protect the public. (Note: Discussion of the fishing restrictions are
discussed toward the end of this meeting.
- Mr. Russell von Frank, resident of Dover Road, and former Council Member
mentioned since the Village was trying to seek funding for the Tequesta Drive
Bridge, he felt it was time to resurrect the sketches that Mr. Howard Morton made
three or four years ago. He explained in the drawings what the bridge would look
like m steel, and what it would look like as a covered bridge. He felt the Village
of Tequesta would have the only covered bridge in Florida, and could possibly
help in securing funding from the County, and Representative Negron. He felt this
could be done under cultural, and art and crafts in seeking financial assistance as
far as the bridge is concerned.
- Ms. Dorothy Campbell, resident of Eastwinds Circle inquired on the status of the
Municipal Election. Village Manager Couzzo indicated Seats 1, 3 and 5 were up
for election, Mayor Humpage and Council Member Genco were both
unchallenged in their Seat 1, and Seat 3, respectively. He mentioned they did
qualify so they will retain those Seats. He indicated in Seat 5, Mr. Basil Dalack
and Mr. Calvin Turnquest had applied, and unfortunately Mr. Turnquest the
Village was notified by the Elections Office failed to achieve the 50 signatures
required to become a qualified candidate and be on the ballot. He stated therefore,
Mr. Dalack would be awarded Seat 5. Mayor Humpage stated so there will be on
election in Tequesta. Village Manager Couzzo noted that is correct. Vice Mayor
Watkins congratulated all three candidates.
- Ms. Shelly Stirrat, resident of Country Club Drive asked in repairing the
Tequesta Drive Bridge was any consideration given to raising the elevation so that
the boating people living on the other side of the bridge could have greater height.
•
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Mayor Humpage noted at this juncture the primary function is to get the bridge
open. He commented it still needs more repairs. Village Manager Couzzo
summarized the repairs being done to the bridge. He mentioned it would not be
the appropriate time to change the elevation in the center section, because it
would have to be done across the entire bridge. He indicated if the bridge needed
to be replaced in future years, that would be the time to change the elevations of
the bridge. She suggested since the Village is spending $350,000.00 to repair the
bridge, some consideration might be taken to the homeowners that live on the
water on the other side that might be interested in contributing monies to add to
the fund to actually increase the size. She felt that could increase ad valorem taxes
for the County, and it would appreciate the homeowners properties on the other
side. She felt now might be the time to do it right. Village Manager Couzzo
mentioned the Village would have to take out the entire span to raise the bridge,
and would increase the cost to approximately $2,000,000.00. Vice Mayor Watkins
mentioned she understood Ms. Stirrat, but explained Council was trying to get the
bridge reopened first. She felt this would buy the Village some time to look down
the road and plan and budget for a new bridge. She noted these improvements
would make the bridge usable, while they study what they are going to do in the
future. Mayor Humpage indicated Council needs for information from the
engineers, but noted raising the bridge would be a much larger undertaking, and
there would have to be more dialog with Martin County, Palm Beach County and
Tequesta. He pointed out Tequesta is responsible for the bridge, and the costs
associated with it. He felt it was not fair to burden the taxpayers in Tequesta with
those costs. He noted when it comes time to address the replacement of the entire
bridge that's when the bridge raising may occur.
IX. COMMUNICATIONS FROM COUNCIL
VICE MAYOR WATKINS
Dialo ig_c System -She mentioned she has had several calls regarding the Mayor's
messages. She felt it was a really valuable system.
Police Departments Presentation -She commented she attended the Police
Departments presentation regarding Internet Safety. She indicated unfortunately it
was not well attended, but mentioned the people who attended commented what a
wonderful program was, and hoped it would be presented again, and maybe
geared toward children. She wanted to commend the police department and the
Adam Walsh Foundation who helped put the program together.
Jupiter Inlet Natural Preserve Cleanup -She announced the debris clean up was
primarily along U.S. One, and with the help of the Jupiter High School
Environmental Science Academy they picked up 440 pounds of trash. She felt
they are to be commended for their work.
•
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• COUNCIL MEMBER PATERNO
Council Aid to Organizations - He mentioned he hand delivered the $1,000.00
Council donation to the Jupiter Environmental Science Academy, $1,000
donation to Jupiter High School Project Graduation, and $1,000 donation to
Limestone Elementary School. He indicated all three were greatly appreciated.
COUNCIL MEMBER GENCO
Loxahatchee River Coordinating Council -She mentioned she is officially
resigning as Council's representative to the Coordinating Council. She explained
the Village has a seat on the Council. She indicated she spoke with Village
Manager Couzzo, and with Ms. Catherine Harding, the Director of Community
Development, and Mr. Couzzo agreed if Council approved it that Ms. Harding
could take the seat. She pointed out the primary function, the reason that it was
formed for the most part has been settled, the plan for the River restoration has
been put in place, so therefore most of the new issues they would be dealing with
will be development, and things of that nature. She felt Ms. Harding would make
an excellent representative for the Village. She asked Council if this could be an
agenda item on the next Regular Council Meeting.
Road problems in the Country Club -She asked for an update, noting that Mr.
Carl Hansen, former Council Member had brought this matter to Council's
attention at the last meeting. Village Manager Couzzo commented the Village
engineers have reviewed the repairs for Bunker Place, and plan to start soon. Mr.
Russell White, Public Services Manager indicated they are still in the process of
getting one more price for the repairs. He commented Bunker Place is the worst
one, and they want to take care of that first.
X. NEW BUSINESS
Council Member Genco reordered this item under Approval of Agenda as New Business,
due to Chief Allison being ill, so he can leave the meeting after the discussion.
23. Council discussion and possible action to fill a current police officer opening by
hiring a person as a police trainee and sponsor him/her through the Police
Academy.
Police Chief Steve Allison commented noted police recruiting retention has
become a very big problem in Palm Beach County. He noted at one time there
was open enrollment into the Police Academies, and was a large number of
people to draw from. He explained agencies are now seeing it worthwhile to go
ahead and sponsor a person for the academy. He noted they are finding that they
get more longevity out of the employee. He mentioned 100% of all Dade and
Broward County hires are sponsored and paid to go through the academy. He
• mentioned 90% of people attending the academy in Palm Beach County are paid
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• to go to the academy, and the remaining 10% are hired before they graduate. He
mentioned in Indian River Community College (IRCC) about 50% of their
students are paid to go, so the last two people the Village has hired has come from
IRCC.
Chief Allison stated what he was proposing in this current budget, since Council
had previously approved hiring one new person was the position Council
authorized that he find a trainee and sponsor that trainee, and pay that person to
go through the academy. He mentioned the police department has been so busy
this year replacing people that have resigned (4 people in the last 7 months) that
he has not gotten to the new person. Council Member Genco asked for
clarification on the police department asking to fill a current opening by hiring a
person as a police trainee. She asked if that was one in the same position or would
the trainee be another position. Chief Allison mentioned Council approved in the
budget for the Police Department to hire one new police officer, and the way he is
trying to accomplish that is to hire a police trainee, who would go through the
academy. Council Member Genco asked if the $10,000.00 was for their training.
Chief Allison felt it would cost a lot less since he checked with the academy and
they said it would be approximately $3,000-$3,500 with tuition and supplies.
Council Member Genco asked if the extra money Council is .allocating is going
toward the training expenses. Chief Allison indicated that was correct. He
mentioned the position that was budgeted for this year, that salary has not been
• touched, so there is money in the budget. Council Member Genco noted that
sounded great.
Village Manager Couzzo indicated Staff was not requesting any another funds,
since the money has been budgeted. Vice Mayor Watkins asked if there was only
one person interested, or was it opened to others. Chief Allison stated they
followed Village policy; he noted the first thing he did was send out a letter
requesting that any Village employee that would be interested in the position to
let him know; and after the notice was out, only one person responded that wanted
to make a career change and be sponsored. He noted that person would receive
first consideration. Council Member Paterno asked if the person would have their
salary paid, plus insurance. He questioned whether the cost would actually be
higher than the $3,500.00. Chief Allison explained they would reduce their salary
at a trainee rate, less than a police officer while they are in the academy. Council
Member Genco felt the Village would end up saving money. Chief Allison noted
that was correct. Council Member Genco felt the Chief was doing this item as
information, because he was changing his staffing. She felt it was great, because if
it increased their employee retention. Mayor Humpage stated the Village has a
policy that if this person leaves prior to the arrangements that are made, the
Village would be reimbursed the funds. Chief Allison noted there is a standard
pro-rated schedule that they repay the costs incurred. Mayor Humpage pointed out
that the Village has paid upfront. Chief Allison agreed. Mayor Humpage stated if
• they leave the Village would be reimbursed. Chief Allison stated that was correct.
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• Council Member Paterno mentioned one of his concerns was that the Police have
contract negotiations coming up and this could be an impact item. He commented
anything that has to do with any type of benefit to any officer that has to be
negotiated. Chief Allison stated he did not believe the union has any input on
how he hires employees. He indicated that was still management rights covered in
the management rights section of the contract, so he felt he could hire trainees or
sworn police officers by the contract. Council Member Genco pointed out this is
really administrative. Council Member Paterno noted, as previously mentioned
by the Chief that other smaller agencies look at who is in the class, and then they
sponsor someone, and make sure they are so far through that they are going to
pass. He asked if that was correct. Chief Allison agreed. He pointed out there are
occasions, for example, where he had the top student from IRCC refuse to take a
contract, and he wanted to work at the Village, and as soon as he found out the
Village did not offer Florida Retirement System, he withdrew and took another
job some place else. He noted usually the ones that are left are the ones that did
not get picked up by someone else if they are not already sponsored ahead of
time, so the Village would not be getting the best employee.
Mayor Humpage questioned whether the person selected was already on the
Village payroll, and that he lives within the Village. Chief Allison indicated the
person that responded with their intent that they would like to make a career
change is a current employee, Mr. David Copper, Code Enforcement Officer. He
• commented he has impressed the police administration very much since the time
he has served with the Village. He noted they all felt this was a person that
deserved the chance. He mentioned he does have previous law enforcement
experience as a corrections officer in Ohio, and would like to prepare a
compliance transfer to get his correction hours transferred to law enforcement. He
stated the Authorities in Florida felt it would be faster for him to go through the
police academy. Vice Mayor Watkins questioned whether the Village has ever
done this before in Tequesta. Chief Allison stated yes, Mr. Robert Garlo and
Gabe Ramos were sponsored. He noted then there was a period of open
enrollment where anyone could attend the police academy, the people did not
need to be sponsored, and so the market was flooded for a while, but now people
do not want to be police officers and it has changed the whole recruiting method.
Council Member Paterno asked when the previous people were sponsored did the
Chief give it to outside people, and inside people. Chief Allison stated Chief
Flannery hired Mr. Garlo, he also was a corrections officer; he hired him with the
intent to send him to the police academy. Council Member Paterno commented so
he hired him from the outside to go to the academy. Council Member Genco
indicated she was very pleased, because this was the first time out of the last six
hired that the Village followed the personnel polices and opened it up to the
employees. She commented she was very pleased to see that because the policy
had been violated every time except this time in the last two years. Vice Mayor
• Watkins commented she did not if that was true, but did not want someone
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Page 13
• coming back after the fact and say this was not handled properly. She wanted to
have a level of comfort.
Chief Allison pointed out this has been discussed in department head meetings,
and felt there was no one on Staff that felt negative on the program. He noted all
the department heads felt it was a good opportunity, and every employee in the
Village had a chance. Council Member Genco stated the Chief still goes through a
rating period, and they are not going to be hired if they do not meet all the criteria,
and the background checks, etc. Chief Allison stated there is a very intensive
background check required by the State of Florida. Council Member Paterno
pointed out in the personnel polices there is a provision that states that general
employees are expected to serve their current position at least one year before
being considered for promotion or transfer. Council Member Genco stated the
word consider was included, and Council has taken it under consideration,
therefore the Village is not violating the current policy. Mayor Humpage stated he
was a product of the Program also, but it was a long time ago. He noted he could
speak from personal experience, Chief Dusenbery put in into the academy after he
had cleared all the hurdles. He indicated he was pleased with this program. He
mentioned the Village has talked about retention, and the opportunity here to help
a resident within the municipal boundaries, who presently works for the Village.
He commented this is a great approach, and suggested it should be done more
often.
• Chief Allison indicated he also was a product of the academy, and the previous
Chief paid him to attend. Vice Mayor Watkins asked if the Village would still be
done one police officer while he is in school. Chief Allison stated that is correct.
Vice Mayor Watkins stated she had all confidence in Mr. Cooper, but wanted to
confirm that if this does not work out then the Village will be reimbursed, and
they start all over again. Chief Allison stated Mr. Cooper does not have a job in
the Village as he goes through the academy and that is a chance he has to take.
Vice Mayor Watkins asked if the Village would be looking for a code
enforcement officer. Village Manager Couzzo stated yes, if Council approves this
item. Council Member Genco noted he was doing a good job as Code
Enforcement Officer, and that he has proved himself as a good employee. She felt
this was a great opportunity for the Village. Chief Allison mentioned the Village
would be gaining time, because he can start his field training at the back end of
this. Vice Mayor Watkins asked if there was any guarantee that he will stay for so
many years, if the Village makes this investment. Chief Allison stated just atwo-
year contract. Council Member Genco commented that is more than the Village
has now. Chief Allison stated the last person stayed 25 years.
MOTION: Council Member Genco moved to approve filling a current police officer opening
by hiring a person as a police trainee and sponsor him through the Police Academy; seconded
by Vice Mayor Watkins; motion passed 4-0.
. Note: Additional New Business Items start immediately following Item 19.
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Minutes -Village Council Regular Meeting 02/16/06
Page 14
X. DEVELOPMENT MATTERS
• 19. a) Conceptual Presentation for the Atlantis Project, located at 740 North U. S.
Highway One.
b) Quasi judicial Public Hearing for Special Exceptions. Allied Capital &
Development known as Royal Tequesta located at 740 N. U.S. Highway One to
allow a Planned Commercial Development in the C-2 Community Commercial
District.
Attarney Roselli swore in 6 people.
Ms. Catherine Harding, Director of Community Development mentioned this is
an application for a Special Exception as provided by Chapter 78, Division 3,
Special Exceptions Uses of the Village of Tequesta's zoning ordinance to allow a
Planned Commercial Development (PCD) in the C-2 Community Commercial
District.
Ex parte Communications -
Council Member Genco mentioned she had a meeting with the applicant
representatives about 7 weeks ago to discuss the comments she had made at the
Council meeting, Mr. George Gentile, Mr. Ed Oliver, Mr. Nick Mastronroni, Ms.
Sherie Pavlick.
• Mayor Humpage, Vice Mayor Watkins, Council Member Paterno indicated they
had no disclosures to report.
Mr. Terry Lewis, Attorney for the applicant, Allied Capital summarizes the
applicant was before Council approximately a month ago, and after considerable
discussion the matter was postponed to this evening. He explained the
postponement came as a result of comments from the Council individually that he
and others on the team took to take their conceptual plan, and back to review for
potentially staggering the heights of the buildings to present something that had
more variety and looked less dense. He commented there was also a suggestion by
one or more of the Council members that they attempt to increase the commercial
element of the overall project. He noted those were the two items they feel fell
into community compatibility. He stated that is what they have done, and with
that they have a conceptual design before Council this evening that has addressed
those particular elements.
Mr. George Gentile, President of Gentile, Holloway, O'Mahoney and Associates,
mentioned the applicant has provided the Community Development Department,
what he feels is a complete and substantial package of the information with some
minor modifications to the elements, and asking for the Special Exceptions for the
uses on the property that are required under the Village's Special Exception
process. He noted as well in the valuation of the comments made at the last
• meeting, they went back and looked at stepping the building, and in doing so in
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Minutes -Village Council Regulaz Meeting 02/16/06
Page 15
• order to maintain some integrity into the ability for the project to be viable they
aze back requesting a portion of the building to be back at the 6a' floor height. He
commented the applicant has provided Council with a summary for the record of
all the sections and items they feel explain their compliance. He stated they feel
very comfortable they have complied with all the requirements in all the sections
of the code regarding the special exception uses and requests. He noted the
Council has the ability to review those requests and make their decision based on
those items.
Mr. Gentile reviewed the conceptual site plan, and indicated the plan is essentially
very much the same plan with some minor modifications in regards to the changes
that they had to make in regazds to the stepping, and reevaluation of the building.
He commented however, the key elements are still there that they feel are very
important to the project to the life safety issues to the project itself, to be a viable
and excellent project for this portion of the Village. He noted the back area
towards the Water Plant site is still a very large preserve azea that they are
maintaining. He commented the project enters off U.S. One, and to the north of
the project is Casa Del Sol development, a PCD as well. He noted Council
approved the project about two yeazs ago with 10,000 square feet of commercial
space, and residential townhouse development. He mentioned the applicant in this
project has provided a residential development of 79 units, which is under their
original proposal, and they provided now in this project about 10,000 squaze feet
• of commercial space. He noted if you look at the statistics in regards to both
pieces of property, they aze both at approximately 4% of their sites for
commercial. He stated they have matched what Casa Del Sol as done.
Mr. Gentile noted they have also continued to provide, based on the Village's Fire
and Police Department a complete drive circulation azound for easy emergency
access to the entire facility. He noted they have incorporated 2 additional
courtyazd azeas towazd the southwest portion of the building, and they provided a
lazge courtyazd pool facility in the middle. He commented the portion towards the
back goes up to the maximum that Council can approve under the PCD of 6
stories, and goes down to 1 story in the center. He noted it goes from 4 stories, to
3 stories, to 1 story on the U.S. One location, so they have taken the building and
stepped it down to 1 story with the pazking lot on U.S. One. He indicated they still
have the two levels of pazking underneath which provides for the residential
parking, as well as some of the commercial employment parking. He noted they
are hiding 80% of the parking from visibility from the public, and the pazking for
the commercial azea can be seen from the front. He noted the applicant has
heavily landscaped the north and the south side and the buffer azeas. He pointed
out they also have a large buffer area towards the back end of the project.
Mr. Gentile introduced Mr. Ed Oliver, Oliver Glidden and Associates, Project
Architect noting that he had provided Council with a conceptual elevation that
• shows the stepping of the project. He reviewed the conceptual plan elevations.
Vice Mayor Watkins asked which direction was the plan oriented to.
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• Mr. Gentile noted if someone was coming down U.S. One, it would be from the
north to the south. He commented Mr. Oliver has broken the building up, even
though it all continually flows as one building. He felt architecturally it was a
very attractive building. Council Member Genco asked if the applicant had other
elevations, such as what someone would see from U. S. One. He commented they
are in the submittal package. Mayor Humpage thanked Mr. Gentile for the
presentation. Vice Mayor Watkins noted she has been supportive of the project
since they presented last. She noted she was surprised when she saw the
renderings and the stepping was included, because at the last Council meeting she
made a motion, and the motion did not receive a second. She mentioned she was
also surprised because of the discussions on height being such a critical issue, that
now they are up to 6 stories. She felt it is a good project for Tequesta, and that a
heavy residential component is good for the Village, and was interested to heaz
the other Council members comments.
Council Member Paterno asked if the applicant had any renters, and what was
designated for the 10,000 squaze foot commercial space. Mr. Gentile commented
the applicant has one interested party for a portion of it for a spa. He explained
there could be up to four different tenants in that space, because of the size of it.
He mentioned if the spa goes in, they aze looking at approximately 20 employees.
He noted they anticipate there would be potential for any of the commercial uses
that are permitted under the code for this zoning district to go in that space. He
pointed out they anticipate the hours of operation to be 7:00 am to 11:00 pm,
• unless changed by Council. He stated all the commercial areas of the project
would be open to the public, as well as the residents.
Council Member Paterno asked for the heights of the 6-story portion. Council
Member Genco noted it was 63.9 inches. Council Member Paterno indicated that
was to the roofline. He asked to the mid point of the towers. Mr. Gentile stated to
the mid point of the architectural roof element is 79 feet 8 inches. He stated the
code allows 6 floors or 84 feet. Council Member Paterno asked the height to the
top of the spine. Mr. Gentile stated an additional 6 feet 2 inches to the top of the
dome. Council Member Paterno explained 85 feet plus the spine. Mr. Gentile
agreed, and noted the last time they were before Council they mentioned it is an
azchitectural element that is not a habitable space, but could be eliminated if
Council so desired. He commented the building would then be down to 73 feet 2
inches. Council Member Genco pointed out that is the type of things the
Community Appearance Boazd (CAB) would be dealing with. She noted her
biggest concern is what the building height itself is. She explained the building
height appears to conform to the code. Council Member Paterno mentioned in
some ways he was happy to see that the applicant staggered the building, but
unhappy that the applicant raised the height. He thought the applicant was going
to stagger it, but if anything the height would be going in the other direction,
downward. Mr. Gentile commented when they took the comments back to the
design team, and at the last meeting they were at 5 stories on both portions of the
• building. He commented this conceptual drawing has nothing at 5 stories right
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Page 17
• now. He explained they have a one story, a third story, a fourth story, and a sixth
story, to maintain the unit count. He pointed out they have come down from the
original where the maximum density of 18 units per acre that is allowed by the
PCD. He noted they are down to 16 units per acre, where they actually had took
off a number of units over the process that they have been working with Council.
Council Member Paterno questioned whether they had taken any off since the last
time they were before Council. Mr. Gentile indicated they did not take any units
off of this plan. He noted the count is the same, and that is what they were trying
to do to make the project work. Vice Mayor Watkins asked if the back building
were 5 stories how many units would they lose. Mr. Gentile indicated they would
lose 9 units. Council Member Genco pointed out she could envision this, and
basically what the back is looking out over is the Water Treatment Plant, and a
small portion of Casa Del Sol. She commented she would be really interested in if
anyone from the public from Casa Del Sol, and what their comments would be.
She noted visually looking at the elevations, she felt it was going to be very
attractive because it was going to flow up there, and as someone comes up U.S.
One they can start to see what the building is. She felt architecturally it is a very
attractive building, and a nice feature.
Vice Mayor Watkins noted since Council has been talking about this, she pointed
out she works over on U.S. One and is right there looking at Sandpoint Bay across
the street, which is unincorporated Palm Beach County, and that building is 8
• stories. She commented she is a visual learner and tried to draw the line across the
tops of the buildings for comparison. She explained she liked the stepping, and
felt it is more attractive than the two 5 stories. She noted if Council was to
approve this conceptual plan there are some things that she would like assurances
on before she could get comfortable with it. She noted one of them being that the
properties be simple, and not allowed to operate like a condo, that they would not
be into timeshares, hotel, or in and out rentals. Mr. Gentile stated he did not think
they could do fee simple on the building.
Attorney Lewis stated condominiums are fee simple; there would not be partial
shares sold in the units, timeshares or anything like that. He stated they are totally
agreeable to that, that way it would be straight up condominium sales. Attorney
Roselli questioned leasing. She asked if the condominium documents would have
a restriction on leasing, such as not allowing any leasing for less than a year. She
stated the Village would not want monthly to monthly. Attorney Roselli asked for
clarification. Mr. Lewis stated 6 months is the minimum lease. Council Member
Genco felt that was standard. Attorney Roselli agreed. Vice Mayor Watkins
indicated her last assurance would be that they guarantee the commercial is filled
before the residential gets a Certificate of Occupancy (CO). She stated so
somehow they would know the commercial is not going to stay idle, because they
could not rent it, and that it does not become units. Attorney Lewis felt they
would have to come back to Council- to change that. He stated that would have to
• be commercial, and did not know if they would have any control over whether it
might be vacant for a period of time.
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Minutes -Village Council Regular Meeting 02/16/06
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. Attorney Roselli commented what the idea would be is to withhold the CO's on
the residential units until the applicant submitted executed leases for all the
commercial space, or maybe at least 75% of the commercial space. Attorney
Lewis commented he understands the issue, but indicated from the standpoint of
business economics that does not sound practical. Attorney Roselli pointed out
this is a Planned Commercial Development that is why the idea that the
commercial is predetermined, and generally in these types of situations the
developer comes with the commercial uses and knowledge of the tenants. She
stated that is one concern that has always been with this Council, because they do
not know what the commercial uses are going to be. She stated there is also a
concern that the residents move in, and there is 10,000 square foot of vacant
commercial space indefinitely.
Mr. Ed Oliver mentioned their firm does a lot of mixed use projects, including the
Downtown Gardens Project, in Palm Beach Gardens, and typically they see those
Council's/Governmental Entities want to make sure they are going to have that
commercial component. He commented as a PCD the applicant is obligated to
allocate that space for commercial use, but noted from a business standpoint he
agreed with Attorney Lewis that it is backwards when there are 79 units that can
not get CO's because of the commercial space. He indicated that is a Council call,
and if asked to provide leases, they would provide leases. Attorney Roselli
pointed out it was kind of backward that the development is more residential than
commercial. She stated it is suppose to be a Planned Commercial Development,
and she was trying to alleviate the concerns that it turns into a condom mum and
there is no commercial.
Council Member Genco mentioned she did not think Council would ever make a
change from commercial to residential. She commented what it is going to cost
the development by the square foot; she does not think they would leave the space
empty. She pointed out this is also going to be their entry into the development,
and from an aesthetic, usage point of view they would not want people to drive
into the building and see paper on the windows. Attorney Roselli suggested
Council may want to request particular uses they would like to see. Council
Member Genco commented she would prefer they choose, because of the viability
of the commercial space and it working with the residential. She noted she would
rather see them work out on their own what is going to work with the residential
developments as well as what is financially feasible.
Vice Mayor Watkins pointed out it looks like a very upscale project, and a nice
component for the Village. She explained because it is residential and sitting next
to a Publix, she would think they would want to go more toward personal
services, a spa, coffee shop, or bookstore. She felt they would want to gear more
toward what their residents would like. Attorney Lewis commented that is the
typical mix for something like this. Vice Mayor Watkins explained they would
not want storage warehouse it that location. Council Member Paterno asked Mr.
• Oliver if he worked on the Casa Del Sol Project.
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Minutes -Village Council Regular Meeting 02/16/06
Page 19
• Mr. Oliver stated he was the architect on that project. Council Member Paterno
questioned how many stories the development was. Mr. Oliver stated 3 stories.
Council Member Paterno commented and now they want to put asix-story
building next door, directly to the south. Mr. Oliver mentioned one of the things
that did on the project that is demonstrated on the site plan is that the building
does not parallel the north side plan, so consequently the way that it is arranged, it
is closer to the site on the western side, and as it moves toward U.S. One it opens
up quite a bit and exceeds the setbacks dramatically.
(Public Comment)
Ms. Lisa Nicole Jagoda, resident of Tequesta, representing Casa Del Sol and
Sundown Development mentioned as far as what she can see about the varied
height this is something that she thinks the residents, they have been talking to the
residents as they come in, and they had a concern about height. She indicated she
has not told them about the recent height change because she has not seen it up to
6 stories, she has been telling them it would be approximately 5 stories. She
explained she can not speak on behalf of the residents, but feels the elevations are
an improvement over what see saw at the last meeting.
(Council Comments)
Mayor Humpage asked the number of residential units Casa Del Sol has, and the
• amount of total square feet of residential space. Mr. Jagoda indicated 41 units, and
approximately 2,700 square feet x 4lunits, totaling 110,700 square feet of
residential. She pomted out as far as the commercial space, she agreed with the
applicant when they had to lease and sell their commercial space, it was based on
market demand. She felt there would be a number of businesses that would want
to locate there. She explained they have a number of residents that live in Casa
Del Sol that have requested having their businesses in the Casa Del Sol
commercial space but the space has been already leased. She felt there will be
residents from this development, and close by developments that would want their
business in this location.
Mayor Humpage questioned the amount of residential square feet in the Atlantis
project. Mr. Gentile commented about 210,000 square feet, excluding the
commercial space. Mayor Humpage commented when Council draws these
comparisons, if they look at the two projects; he mentioned he went through the
December and November Meeting minutes so he could be accurate in his
comments on the staggering; He pointed out this project has merit, and that he
likes this project. He mentioned he has one issue, if he looks at Casa Del Sol (and
he is trying to stay within the municipal limits of Tequesta and not look over at
Broadview or Sandpoint Bay) there is a serious depression there of about 15 or 20
feet, and then a serious raise coming on the west side of U.S. One, it makes the
elevations dramatic. He stated this is a PCD, and Council was concerned with the
commercial entity, in which they want to preserve.
•
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Minutes -Village Council Regular Meeting 02/16/06
Page 20
• Mayor Humpage commented this project is primarily residential, but with the two
projects there is 110,000 square feet of residential and 10,000 square feet of
commercial at Casa Del Sol, and 210,000 square feet of residential and 10,000
square feet of commercial at Atlantis, so it is double the square footage of
residential, yet the same amount of commercial square footage. He commented he
understands the density, but he looks at the two projects and one is twice the size
of the other as far as residential square footage, but yet they maintain the same
commercial square footage. He pointed out in some of the County meetings he
has attended lately; one of the aspects the County likes to preserve is the
commercial venue especially along the U.S. One Corridor. He explained if
Council grants this Special Exception he does not know if he is comfortable on
the Commercial entity. He reiterated he thinks the project has merit.
Mr. Oliver pointed out in comparing projects there are two notable differences: 1)
the commercial space on Casa Del Sol has a tremendous amount of road frontage
on U.S. One; 2) is a rectangular site that is parallel to U.S. One and the project has
a significant amount of north to south dimension then the Atlantis site which is
narrow and deep; and 3) and the Casa Del Sol has a smaller scrub jay area
compared to the Atlantis site. He commented when you look on balance at the
two sites from a planning standpoint the applicant has a long deep site with a
substantial portion devoted to scrub jays, that does not allow them the flexibly
with the preserve area, and from a commercial standpoint the tenants do not want
• to be buried back to far off the main thoroughfare. He pointed out the success of
those businesses is enhanced with stronger frontages along the main
thoroughfares. He hoped Council would be in favor of the approval of the project.
Council Member Genco mentioned she strongly commended them because 20%
of their site is devoted to a scrub jay preserve, which is going to remain open. She
pointed out it is almost as if they are donating a miniature park to the Village, and
that is an expense because property is extremely expensive. Council Member
Paterno asked if the applicant could have placed the commercial project more
along U.S. One. Mr. Oliver stated not really. Mayor Humpage commented
Atlantis does not have the frontage that Casa Del Sol has. Council Member
Paterno suggested it could have been put more parallel to Casa Del Sol. Mr.
Oliver explained Casa Del Sol has its only entry on County Line Road, and on the
Atlantis project the Department of Transportation (DOT) allowed only one point
of access, and that was on U.S. One. He pointed out they have a limited amount
of space that is available for frontage which is substantially below that of the
neighboring project. He mentioned as planners and architects its necessary to look
at the various site constraints and opportunities and balance them out. He stated
he feels the applicant has done that, and asked that Council would approve their
application. Council Member Genco reiterated Vice Mayor Watkins' comment
regarding Sandpoint Bay and visually it looks the same height, and two floors of
the 8 stories are hidden. She noted the best she could count was 5 or 6 stories
depending on which way she was approaching from U. S. One, so this from a
visual perspective is going to look about the same as far as the heights.
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Minutes -Village Council Regular Meeting 02/16/06
Page 21
. Council Member Genco stated that would make it compatible with the adjacent
developments. She stated she also strongly supports Vice Mayor Watkins's
comments that long term for the Village, she felt the residential usage is more in
tune with what the residents of the Village want, rather than commercial. She
mentioned however the Village is preserving a commercial element that would be
beneficial for all the residents of the community.
Mayor Humpage stated he was glad to hear the project was coming back because
it has merit, and he liked the project. He indicated he was surprised when the
project came back at 6 stories/84 feet. He stated his biggest issue is the elevations,
and in reviewing the previous Council meeting minutes, the 84 feet was not
something he would chose to put in that location. He commented he understood it
was in the back of the project and the stepping was going on and represented 9
units, and maybe units could be added at 3, 4 or 5 stories. He noted the minutes
talk about 3, 4 and 5 stories, and now it is back to 6 stories/84 feet. He
commented he has also had issue with 6 stories/84 feet from day one, and is not
comfortable with 84 feet. Council Member Genco noted she did not believe it was
84 feet. Mayor Humpage pointed out 79 feet 6 inches to the mid point of the roof.
He pointed out the residents do not know it is the center of the roof, and they see
an overall structure.
Mr. Oliver stated he would like to address the Mayor's comments. He explained
• in the Village code and other cities codes that he works with building height is
typically measured to the roof. He mentioned to the top of the roof parapet they
are at 68 feet 7 inches above grade. He pointed out they are not at 84 feet. He
commented if measured to the mid point of the tower elements, which represent
25% of the total roof area of both structures, they are at 79 feet 8 inches. He noted
the decorative band is at a height of 73 feet 2 inches. Mayor Humpage indicated
he understood how the code is interpreted; he mentioned he had no issue with
that. He explained if he was to put a cupola on top of his garage that would be
what someone sees; they would not look at the peak of his garage. He felt this is a
great project, and would like to see it come into the Village. He indicated the
residents have told him they have a problem with the elevations, and understand
the other Council members views with Broadview next door in the County. He
noted there is a severe difference between the normal ground level on the east side
of U.S. One and where this project is located. He felt it would be even more
dramatic, in his opinion, if this came in at 5 stories. He mentioned he understood
the developers view, and that he needed to be profitable, but noted he is really
opposed to the mid point of the tower being at 79 feet 8 inches.
Mr. Oliver noted typically what you see if you look east of U.S. One is flat roofs.
He felt they were ugly. He commented if the towers were taken off, regardless of
the height of the building, they would be looking at a flat roof line. He noted this
is a special exception request for the PCD not the site plan approval. He indicated
if Council referred to have 5 stories/5 stories on the building, instead of the
• stepping that would be under the site plan approval.
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Minutes -Village Council Regular Meeting 02/l 6/06
Page 22
Mr. Oliver pointed out the building at this time goes from 6, 4, 3 to 1 story. He
• commented perhaps if the Council said they would rather have 5 stories and 5
stories without the stepping, he noted that would not be his decision that would be
his clients decision to determine if he could accomplish that and lose those 9
units. He pointed out that is a direct economic impact to them, and stated he did
not know whether Council would give the applicant the ability and space of time,
between now and the time they come back for site plan approval to study it.
Attorney Roselli clarified the Special Exception is one request the applicant has,
and then there is an additional request on top of that to increase the height to 6
stories/84 feet. Council Member Genco pointed out which is allowable. Attorney
Roselli agreed at Council's discretion. She suggested Council could grant the
request for the Special Exception at the permitted height, which is the reduced
height, Attorney Lewis stated the Special Request before Council is for two
Special Exceptions: 1) the additional height, and 2) PCD request.
Council Member Paterno commented he also has a problem with the height, as the
Mayor does. He fe}t they have a gaol project, and he sees a lot gaud things about
it. He stated for him he is very concern about the property in Tequesta that is 3
stories. He suggested if they want a Special Exception, and. to come down, which
he thought they were doing from the last meeting, and step it he felt the applicant
would get a lot of support. He stated the applicant is going in the opposite
direction from his standpoint. Attorney Roselli mentioned it is conceivable that
the applicant resold get the first special exception nett, a~ not get the seeonc}
• one. She stated that is what she is hearing from Council, and noted she was not
sure if the applicant is willing to make some acconnr-odation at this stage to
aclclre~S that, Ccsssncil Member Crenco aske;i Attc-rney Roselli to clarify the first
special exception. Attorney Roselli stated the f rst special exception is to allow
the PCD, this development as proposed; the second request, which could be called
a special exception request, is whether tcs allow the aciditirsnal height. She shed
Council could grant them permission to have the PCD at the permitted height, but
deny their second request that is to go up to 6 stories/84 feet Council Member
Paterno mentioned he wos;ld be more comfortable with something that is
comparable to their neighbor to the north. He indicated the residents that he has
spoken with that would he acceptable to them with the commercial element. He
felt the 84 feet was too high.
Mayor Hurnpage noted in speaking with Attorney Roselli does the applicant
understand that Council could approve the PCD request at the allowable height of
5 starics/7fl feet, and oat give them the approval on the 6 storiesJ84 feet until site
plan approval. Council Member Genoa pointed out Council must give them the
exception on the height because they can oat do it at site plan approval. Attorney
Lewis mentioned he agreed with Attorney Roselli that Cauneil could amend their
request to lower the building to a maximum height of 5 stories/70 feet. He
~oruic*,rctcxxl that was clear, He stated whether the applicant could come back in a
site plan in a 6 story he did not think so, and they would end up having to appear
• before Council at a separate proceeding and ask them to reconsider what they did
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Minutes -Village Council Regular Meeting 02/16/06
Page 23
this evening and add a 6th story on to it. Council Member Genco commented
• what Council should look at is what she would consider a compromise. She stated
Council has a choice, if they go to a 5 story building that is going to slap everyone
in the face as they come up U.S. One. She noted if you look at the building
coming up U. S. One they is Publix which is one story, there is also
condominiums on the other side from 4 to 6 stories, and then all of a sudden there
will be a 5 story building. She felt the compromise to this whole thing is stepping
it, and the only way that it can be stepped, and Council does not have to consider,
is the fact if he preserves his number of residential units to make this
economically feasible. She stated if you look at it the way it is stepped up the 6
story is going to be pretty much invisible. She felt it would be so far back that
people are Hat going to be focusing on it, and having everything 5 stories is going
to be uglier.
Mayor Humpage commented it does not all have to be 5 stories. Council Member
Genco noted there are also problems with elevators, access and. other things
architecturally that would make doing what the Mayor is suggesting just not
workable. Vice Mayor Watkins asked Council to try and envision this project as
far as the aesthetics and how the building is going to look. She stated the drawing
she liked best is the tiered project looking up U.S. One. She felt it was prettier
than the Sstory/5 story buildings they had the last meeting. She commented she
knaves it is unincorporated in the County, but right across the street is an R story
building, with Broadview lower than that, and Scrimshaw even lower than that.
• She stated she personally would like to see the Village do 3 stories and 3 stories,
and start a line across the skyline. She commented that is why she liked it in the
first place it would give the Village a little variety on U.S. One. She felt is was a
pretty building and most of everyone driving up and down the street are going to
be looking at it in such a way that she hopes everyone would want it to he as
pleasing as possible to look at. She stated it looks nice, and did not have a
problem with it. Council Member Paterno agreed he liked the stepping, but could
not agree on the height.
(Public Comments)
Mr. Rick Dube, resident of Country Club Drive eommerrted originally when this
project was proposed it was supposed to be a 12 story building which everyone
was very much against. He felt these people have done a tremendous amount of
work, and this is a fantastic compromise with a tremendous amount of thought.
He felt this would benefit the ,community greatly because there could be
professional offices, and 200,000 square feet of residential and only l 0,000 square
feet of commercial, keeping in mind there is shopping center Heart to it. He
commented the architect is absolutely beautiful, and the Village would be missing
the boat by not having the kind of quality people that will come into the Village.
He notrci this will increase the tax base, and this is a wonderful project for this
community. i Ie explained when they come in at 12 stories that may be something
to fight about, but to fight about 10 feet that should not happen.
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Mr. Russell von Frank, resident of Dover Road and former Council Member,
mentioned when he was collecting signatures for incoming Council Member Basil
Dalack last week gave him the opportunity again to meet with the citizens. He
commented it was very interesting when he spoke about the Atlantis project, and
the residents inquired what was happening. He told them the applicant was talking
about 5 stories/70 feet with pyramids. He stated they told him they were against it
and would fight, and if they want a petition he would be glad get the signatures.
Mr. Joe Marzigliano, resident of Tequesta Drive, mentioned concerns regarding
this project: that the height was too tall for the area, but if it were at a lower level
he felt this project would be a great addition. to the Village. Another concern was
with the commercial property, and he felt there should be restrictions for things
that should not go in there, such things as a methadone center, which would be
unacceptable.
Vice Mayor Watkins commented this project has been going on for a long time
and in all that time she was only approached by three people who were totally
against it. She thought if a number of people were severely opposed to the project
she would have picked up on that, but she had not.Attorney Roselli commented
the conceptual plan was required by code, Section 78-368(b)(7)(i) to show the
height, and that was shown at 6/84. The special exception could be considered at
the permitted height rather than at the requested additional height, although that
was not what was proposed in the application, and then. deal with the second
• request separately. Attorney Roselli advised that conceivably, the applicant could
get a special exception for the project at the 5-story height but then the request for
the additional height could be denied, and she was not sure if that was something
the applicant wanted to do. Attorney Lewis agreed that legally they could be
treated as separate requests. The applicant had been asked to comply with the
code and had attempted to do so. The code did allow a PCD with a special
exception at the same height in C-2 and an additional story as a separate special
exception. The standards for compliance were identical. The applicant had
addressed everything in 78-362 and 78-363, and there had been no technical
comments by any member of staff indicating they were not in compliance with all
criteria in the code. Only two questions were raised, which were not objections or
recommendations that the applicant was in non-compliar~e. Attorney Lewis
asked the Council to consider those things, and if the applicant came back with a
site plan that had a sixth story on a component of the project and it was still not to
the Council's liking, there was still opportunity to work with the additional height
of the parapet and the cupola, etc., to make it more amenable to the Council.
Attorney Lewis advised that this client, in the past year and a half since he had
worked with him, had not just walked the second mile but had walked the third
and the fourth, attempting to take direction from this Council. Mr. Lewis
requested that the Council approve both special exceptions so that the applicant
could proceed to site plan review.
•
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Attorney Roselli stated she disagreed that the criteria to increase the height was
the same special exception criteria, and she did not see that in the code. Council
Member Genco advised the Council had been told that was part of a previously
adopted resolution that was not codified in the book that Council had to follow.
Attorney Roselli responded she was not talking about that-she knew the height
was in there-but the permitted building height, Code Section 78-255(2) said the
allowable heights for buildings in a planned commercial development shall be the
same as provided for in the C-2 coning district, however, at the discretion of the
Village Council, building heights may be increased to a maximum of, in this case,
6 stories or 84 feet, it did not say anything about using the same criteria as the
special exception and exercise your discretion, and she would submit that it not
necessarily is, but if you did use those criteria she did think different results could
be found. It might be compatible at a certain height it might not be compatible
at an increased height, whatever that height was.
Attorney Roselli advised that therefore she did not want the Council to take Mr.
Lewis' comments to lead them to believe that if they found the criteria satisfied
for the PCD at the lower height that they were necessarily satisfied at the
requested greater height, because that was not the case. Council Member Paterno
commented, but at the same time, the general compatibility with the adjacent
properties could also be considered-the Council did not necessarily have to go to
five stories if they accepted the PCD-which Attorney Roselli confirmed. Council
Member Paterno commented the Council could say they wanted it compatible
with the surrounding azea if it were three stories, and the Council was not held to
have to go to the limit. Attorney Roselli agreed, advising this was not permitted
by right it was a special exception use, and those special exception criteria
looked to those types of things of whether it was out of scale, too grand a scale for
the surrounding community, surrounding uses, and if it was compatible with
surrounding uses in terms of a lot of different things and not just height. In
previous meetings there had been concern whether it was a PCD or not, and there
were facts in the record that would support a decision either way.
MOTION: Vice Mayor Watkins made a motion to grant the special exception for a PCD for the
project as presented tonight with the height of 64'. Council Member Geneo seconded the
motion. The vote on the motion was 2-2 with Mayor Humpage and Council Member Paterno
opposed.
Mayor Humpage passed the gavel to Vice Mayor Watkins.
MOTION: Mayor Humpage made a motion to grant the special exception for a PCD with the
height of S stories/70 foot elevation. Motion failed for lack of a second.
Council Member Genco called for discussion, and asked that the Council think
about the fact that going to a flat 5 stories all the way from U.S. One to the back
of the property would be a lot uglier than what had been proposed, and the
pro~sal had greater continuity visually from U.S. One; and in exchange for that
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enhanced view another story was allowed on the back part of the property, which
people on U.S. One would not even know about. Council Member Genco
commented she believed this was where compromise came in, and what the
Village would get out of this was a lot better than what they would give up.
Mayor Humpage commented the Council could still grant the PCD and revisit that
at site plan review. Council Member Genco commented the applicant was
looking for the residential units and the height, in addition to the PCD. Council
Member Paterno indicated he would be in favor of three stories the same as Casa
del Sol, with the front staggered.
Attorney Lewis suggested a motion to reconsider, and to amend the applicant's
request for six stories and PCD to five stories and PCD, with the understanding
the applicant could still come back at site plan review with a design that might
include six stories and the right to request that. Attorney Roselli advised the
Council could approve the PCD at five habitable stories with the added
architectural cupola feature roof to exceed five stories. Council Member Genco
asked Attorney Roselli to look at code Section 78.368 (b)(7), which said there
must be a finish floor elevation, and asked how the Council would get around
that. Attorney Roselli advised the applicant was proposing to amend their
application and to be clear, they were willing to forego the second request for the
additional height and bring it down to exactly what they saw here, except the one
building would be five stories instead of six, which was a compromise. The six
stories were gone.
• Mr. Oliver clarified that the applicant thought they had gone the extra mile and
would like to leave this evening with Council's approval for a special exception
for the PCD at five stories and whatever the height was per the code; and they
would, of course, need to come back to Council for site plan approval. If,
between now and then, the applicant wished to come back to seek Council
approval for a sixth floor on the one building, they would have to ask for that
Council was not granting anything this evening that gave the applicant any rights
to accomplish that without Council's approval at a future time. Attorney Roselli
asked for confirmation that the applicant would stay with the conceptual plan, to
which Mr. Oliver responded when this got to the point of a Community
Appearance Board, or the actual architectural components, there were definitions
in the code that established what they could or could not do, and as Attoreny
Lewis had pointed out, his direction had been to work within code. Mr. Oliver
asked that the applicant be allowed to come to site plan review, after having time
to think about this and determine whether they wanted the elements that were on
top of the building or not, and in what manner could that be best presented to the
Council to say yes or no on. Council Member Paterno commented when Mr.
Oliver said five stories he meant five stories for the whole thing, to which the
response was no, they were stepping it. Mr. Oliver commented they would lose
nine units whether they had two 5-story buildings or kept it stepped the way they
saw. Council Member Paterno commented they could possibly come back with a
• squared building again at five stories.
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Mr. Oliver responded the Council would have to say yes or no-they would have
• to approve that they had no vested rights until the Council granted a final site
plan approval; they could not file for building permits, and they could not dig a
foundation. He stated they could not do anything-which Attorney Roselli
verified. Mr. Oliver asked to move forward with Council approval. Council
Member Genco commented her understanding was the applicant wanted
conceptual approval as proposed, limited to five stories, coming back for site plan
review when the additional story would be proposed.
Attorney Roselli asked for confirmation from the applicant that when they were
approved for five stories on this building that they were not going to increase the
other buildings. Council Member Genco commented it would be exactly as the
Council was looking at it right now except the 6-story building would be a 5-story
building, which Mr. Oliver confirmed, stating that anything the applicant did
differently still required Council approval and they had to have a final site plan
approval as well, and Council still had the authority within the PCD to say yes or
no. Council Member Genco commented the Council did that with Spear
brothers-they had a conceptual and then came back, and Council changed some
of the dwelling units and some of the open space and some other things, which
went in line with what a conceptual was. Council Member Genco stated she did
not have a problem with that, and asked Council to get real, she thought this was a
great site plan and they could not do any better than this for Village from a tax
base standpoint, a land use standpoint, sight design, etc. 7'he cupolas were not
really an issue and those would be addressed when it came to the Community
Development board, and Council had already washed their hands of those little
details, but when you were looking at this-it worked. Mayor Humpage
commented it worked for some, but not for others.
Vice Mayor Watkins asked that if Council approved this the current way it was
proposed with the back building at five stories, that the Council. members think
about how that back building would look, and for the sake of one floor at
approximately 9'-S", which was approximately the height of the room they were
in, she thought they were just going to get a more lovely project; and for that little
amount she asked Council to think about it and please consider it, but if this was
what it took to get this going she was good with it. Mayor Humpage stated they
needed to get somewhere.
MOTION: Council Member Paterno made a motion to approve the project as it was stepped at
four stories. Motion failed for lack of a second.
MOTION: Vice Mayor Watkins made a motion to approve the project as it was with the north
tower at five stories. Council member Genco seconded the motion, confirming this was a
conceptual approval. Motion carried by 3-1 vote, with Council Member Paterno opposed
The meeting recessed at 9:25 p.m., and reconvened at 9:42 p.m.
•
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XI. NEW BUSINESS
• 20. a) RESOLUTION 43-05/06 - A Resolution of the Village Council of the
Village of Tequesta, Palm Beach County, Florida, Entering into a Sales
Agreement/Contract between the Village of Tequesta and Information Access
Systems, Inc. (IAS) of Orlando, Florida for the Purchase and Installation of an
Electronic Document (Imaging) Management System, in the amount of
$40,981.00 budgeted in 2005!2006 Account # 001-120-664.600 Capital Outlay,
Machinery and Equipment, and Authorizing the Village Manager to execute the
applicable Agreement.
Attorney Roselli read for the record the title of Resolution 43-05/06.
MOTION: Vice Mayor Watkins made a motion to approve Resolution 43-05/06. Council
Member Paterno seconded the motion. Council Member Genco questioned the maintenance
charges. Village Clerk Carlisle confirmed that the contract stopped on the second page and
everything else was optional. The software maintenance cost from IAS would be $2, 736.
Hardware maintenance cost was $1, 595 whether purchased through IAS or another dealer, but
it was actually being purchased through IAS. Motion carried by unanimous 4-0 vote.
b) RESOLUTION 44-05/06 - A Resolution of the Village Council of the
Village of Tequesta, Palm Beach County, Florida, for the purchase of a server and
workstation from Hewlett Packard, and the installation of the Server and
. Workstation by Argent Systems, of Royal Palm Beach, Florida in a total amount
not to exceed $13,638.82 budgeted in 2005/2006 Account # 001 120-664.600
Capital Outlay, Machinery and Equipment, and Authorizing the Village Manager
to execute the applicable Purchase Orders.
Attorney Roselli read for the record of the title of Resolution 44-05/06.
MOTION: Vice Mayor Watkins made a motion to approve Resolution 44-05/06. Council
Member Genco seconded the motion, which carried by unanimous 4-0 vote.
21. RESOLUTION 48-05/06 - A Resolution of the Village Council of the Village of
Tequesta, Palm Beach County, Florida, Approving a Financial Assistance
Agreement between the Village of Tequesta and Palm Beach County for
Beautification Improvements in and along Old Dixie Highway from Tequesta
Drive to 900 Feet South of County Line Road through which the County will
provide Financial Assistance in the amount of $23,300 (50% of total cost) to the
Village for Improvements to Old Dixie Highway Right-of--Way.
Attorney Roselli read for the record the title of Resolution 48-05/06.
MOTION: Vice Mayor Watkins made a motion to approve Resolution 4$-05/06. Council
Member Paterno seconded the motion, which carried by unanimous 4-0 vote.
•
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22. a) RESOLUTION 50-05!06 - A Resolution of the Village Council of the Village
• of Tequesta, Palm Beach County, Florida, Accepting the terms and conditions of
the Palm Beach County Emergency Medical Services (EMS) Grant award;
Certifying that monies from the EMS Grant will be used to purchase equipment
specified in the grant award, will improve and expand Prehospital Services in our
covered area; will not be used to supplant existing Tequesta Fire-Rescue Budget
allocation and meets the goals and objectives of the EMS County Grant Plan.
Attorney Roselli read for the record the title of Resolution 50-05/06.
MOTION: Vice Mayor Watkins made a motion to approve Resolution SO-05/06. Council
Member Genco seconded the motion. Chief Weinand reported this grant had been applied for
last May, and in January notification of the award had been received. Approval of the three
resolutions would accept those terms, amend the budget, and approve the purchase. Motion
carried by unanimous 4-0 vote.
b) RESOLUTION 51-05/06 - A Resolution of Village Council of the Village of
Tequesta, Palm Beach County, Florida, Amending the 2005/2006 General Fund
Budget by Appropriating $8,300.00 of Unreserved, Undesignated Fund Balance,
Increasing the Fire Control Revenue Account #001-192-337.201, "PBC EMS
Grant" by $6,610.00 and Increasing the F..MS Expenditure account #001-193-
664.600, "Machinery & Equipment" by $14,910.00 and Authorizing the Village
Manager to execute the applicable documents on behalf of the Village.
• Attorney Roselli read for the record the title of Resolution 51-05/06.
MOTION: Vice Mayor Watkins made a motion to approve Resolution SI-05/06. Council
Member Paterno seconded the motion. Motion carried by unanimous 4-0 vote.
c) RESOLUTION 52-05/06 - A Resolution of the Village Council of the Village
of Tequesta, Palm Beach County, Florida, Approving the purchase of a Revivant
Autopulse Automatic Chest Compression Device from Zoll Medical Corporation
in the amount of $14,910.00 out of account #001-193-664.600, Machinery &
Equipment, which has a FY 2005/2006 Budget amount of $14,910.00.
Attorney Roselli read for the record the title of Resolution 52-05/06.
MOTION: Vice Mayor Watkins made a motion to approve Resolution 52-05/06. Council
Member Genco seconded the motion. Motion carried by unanimous 4-0 vote.
Council Member Genco made a suggestion that in the future when there were
resolutions like this to do all these in one motion-state: approving the following,
and just list transfer from, to, and all that, so it could be done in one motion
instead of three. Village Clerk Carlisle explained it was the Financial Department
that had it being done this way. Council Member Genco commented they were
• trying to track all the individual ledgers, but if it were all listed in one chart, that
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would make it a lot simpler for everybody. Council Member Genco commented it
• was all for the same purchase item, and generally speaking, if it were listed,
approving the following budget transfers, and just list the general ledgers from
and to-then it could all be done with one resolution. Village Manager Couzzo
confirmed that could be done. Attorney Roselli commented as long as it was the
same account, the same fund, etc., it would not be a problem. Mayor Humpage
commented Ms. Forsythe could handle that. Council Member Genco commented
it should make it easier for her. Village Manager Couzzo commented the only
question in his mind was Ms. Forsythe liked to have a different resolution
attached to each Council action, but staff could streamline the process to
accomplish what Council was asking.
Item 23 was reordered prior to Item 19, and has already been addressed.
24.(a) Council consideration to contribute funds in the amount of $1,000.00 for Art Fest
by the Sea 2006.
Council Member Genco reported she had requested this agenda item, which was
an event the Council had supported in the past the only difference would be
funding would be from the general budget, Aid to Charitable (hganizations,
instead of the Council budget.
MOTION: Council Member Genco made a motion to contribute funds in the amount of
• $1, 000.00 for Art Fest by the Sea 2006 with funds coming out of account 001-100-582.80. Vice
Mayor Watkins seconded the motion. Motion carried by unanimous 4-0 vote.
(b) Jupiter Medical Center Foundation
Council Member Genco announced that Jupiter Medical Center Foundation had
an opportunity for the Village to be a patron for $500 or a benefactor for $1,000 at
one of their major fund raising events.
MOTION: Council Member Genco made a motion to contribute funds in the amount of $S00 at
the level of patron for Jupiter Medical Center Foundation with funds coming out of account 001-
100-582.80. Vice Mayor Watkins seconded the motion. Motion carried by unanimous 4-0 vote.
(c) Girl Scouts
Vice Mayor Watkins reported that the Girl Scout camp was ravaged in last year's
hurricane, and suggested a donation of $1,000.
MOTION: Vice Mayor Watkins made a motion to contribute funds to the Girl Scouts in the
amount of$1,000 with funds coming out of account ODI-100-582.80. Council Member Genco
seconded the motion. Motion carried by unanimous 4-0 vote.
•
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(d) Jupiter Middle School
• Council Member Paterno noted the Council had given funds to Limestone, Jupiter
High, and Jupiter Elementary, and he did not want to leave anybody out. Council
Member Paterno suggested the funding be for their reading program, and they
could buy books with it. Mayor Humpage noted their budget got cut every year
and you never knew what they needed most, so suggested letting them decide how
to use the money. The other members of the Council agreed.
MOTION: Council Member Paterno made a motion to contribute funds to Jupiter Middle
School in the amount of $1, 000 to benefit the students with funds coming out of account 001-100-
582.80. Vice Mayor Watkins seconded the motian. Motion carried by unanimous 4-0 vote.
Village Manager Couzzo requested that any documents pertaining to these
organizations be given to him, to ensure the donations got to the right party.
Council Member Genco reported she had given information on Jupiter Medical to
Ms. Forsythe.
XI. ANY OTHER MATTERS
Vice Mayor Watkins asked the Council to consider bring back an item they had
previously denied, which was a truck for Russell White's department. This was a
budgeted item and was denied by the Council, but since that time several occasions had
• come up where the Village Manager had mentioned that staff had been clearing or doing
things in-house that did not have to be contracted for, and she felt the truck would not
have been requested if it had not been needed, and asked that it be brought back. Mayor
Humpage commented he had no problem with that, and he knew with the Right Tree
Right Place program, trees would need to be moved. Council Member Paterno
commented this would be a truck with high sides, and with Bob Garlo and Russell White
now doing more, they could use it; he saw them working the other day with a truck with
low sides and they had to make a lot more trips. Council Member Genco expressed her
opinion Mr. Garlo was getting overwhelmed-Mr. Garlo had gone from Assistant
Manager to Human Resources, Parks & Recreation, Special Projects-and she wondered
how he could do all of it.
Consensus of Council was to put the truck on next month's agenda.
Council Member Paterno commented he had noticed there were some special people on
staff that were accomplishing a lot, like Russell White and his crew, Assistant Manager
Garlo, Village Manager Couzzo, the Fire Chief, and a few others, and even some Council
Members had put a lot of time into a lot of different things, and he thought the direction
taken in the last year or two had been very positive and he appreciated it.
Council Member Paterno commented the bridge would be opening and he felt it was the
proper time to place restrictions before it opened again on items such as whether to stay
. with the same tonnage.
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Council Member Genco commented she thought the Village Attorney was supposed to
• research with Commissioner Weberman what could legally be restricted, and then make a
determination based on his legal opinion whether tonnage could be limited. Council
Member Genco commented no memo had been received from Attorney Hawkins.
Council Member Paterno commented he had a memo, which stated it was up to Council's
discretion. Discussion ensued. Vice Mayor Watkins indicated there must be a way to let
cars go over the bridge but not cement trucks. Village Manager Couzzo commented the
center sections would be stronger and would be able to hold more weight, but the bridge
as a whole must be able to support the weight from the front to the end. Village Manager
Couzzo stated he thought he needed to talk with the engineers to find out what work
needed to be done and what the other sections were able to handle. Vice Mayor Watkins
commented the Council would probably go on the conservative side of that. Council
Member Paterno advised this was an opportunity to limit traffic flow so that they could
cut down on people cutting through to get to Island Way, etc.
Mayor Humpage stated Council Member Genco raised a good point, that the Council
needed to know where they were positioned legally. Council Member Genco stated she
was in favor of limiting tonnage and was also in favor of banning fishing because she had
heard of so many accidents with the fishing lines that it was a hazard, and she would like
a legal opinion on both of those items, and if it could be obtained then discuss it at the
next Council meeting. Council Member Paterno commented he was saying he thought
they had already received it. Village Manager Couzzo expressed his opinion the fishing
part of it had not been received, and the analysis by the attorney might need to be
• expanded, and he would like to talk to the engineer to get his recommendation on
maximums, which staff could combine with the information on the ability to reduce the
tonnage. He thought eliminating fishing could easily be done.
Council Member Paterno commented people did not like taking the long way around, but
did like less traffic on the bridge. Even two people on the east side of the bridge had
come to him commenting thcy liked it that there was a lot less traffic on Tequcsta Drive
with the bridge closed, so some of the restrictions would help the community-people
walking, and the children-and he thought the standard of living could be improved.
Council Member Genco commented she only got the cover sheet, but Attorncy Stirling
Clarke had given an opinion that since it was the Village's roadway they could do what
they wanted with it, and she would be in favor of maintaining tonnage to 5,000. Vice
Mayor Watkins stated she would not support that bccause her neighbor drove a truck and
he would not be able to get home.
Council Member Genco asked the weight of a school bus. Mayor Humpage responded
some of these things needed to be found out an ambulance could go across but a fire
truck could not. They needed to find out what reasonable tonnage would be. Mayor
Humpage stated an average car weighed 3500 pounds for a normal 4-door sedan; a
Suburban probably weighed close to 8,000. Village Manager Couzzo advised staff would
analyze the vehicle weights-what he needed to get clear was Council's intent on fishing.
Discussion ensued. Council Member Genco and Vice Mayor Watkins favored no fishing.
• Mayor Humpage noted some kids fished from the bridge.
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Council Member Paterno commented he had concerns both ways-some kids who did
• not live on the water liked to fish, but it could cause problems when people were walking
or pushing strollers. Council Member Genco suggested no fishing, and when the bridge
was rebuilt to have a separate walkway where fishing could take place. Council Member
Paterno commented they could fish from the bank on the east side. Village Manager
Couzzo reminded Council of the liability they might have if fishing was allowed-there
was nothing to prohibit someone falling from the sidewalk into oncoming traffic. The
possibility was suggested of having pedestrians on one side; fishing on the other.
Consensus of Council was no fishing at this time, and it will be revisited in the future in
the event the bridge was constructed in a different fashion.
Discussion ensued regarding the tonnage issue. Council Member Genco suggested
maintaining the 5-ton limit until information could be received. Attorney Roselli advised
a special permit for school busses could be issued. Vice Mayor Watkins suggested using
a tonnage that would allow the school busses to cross when the bridge opened. Council
Member Genco suggested having the Village Manager and the Police Department come
back to Council, and a special exception could be granted far school busses until the next
meeting. Vice Mayor Watkins expressed concern people might think the bridge was still
dangerous and would not want the school busses on it. Village Manager Couzzo advised
he did not believe that was the issue-he believed the issue was the Council was waiting
to their next meeting to address the tonnage and until that time it was limited to 5 tons
with the exception of school busses. Council Member Genco commented the Police
• Chief could contact the school authorities. An exception would also be needed for fire
trucks at this time. Council Member Paterno commented there was a temporary fire
station set up on the west side of the bridge-a house had been rented approximately
three weeks ago--so there would be no problem for any residents. Fire Chief Weinand
reported the new ambulance was 11 tons and the pumper truck for fires was 23 tons; the
aerial truck was 28 tons. Chief Weinand confirmed the paramedics would be left at the
temporary station until the next Council meeting.
Village Manager Couzzo reported the home housing the temporary station had been sold
and the Village had another month there. Council Member Paterno confirmed with Chief
Weinand there was an overtime situation as long as the temporary station was open. It
was one person, probably $25,000 including all benefits for the month at overtime for 24
hours per day. Council Member Genco asked why people were not alternated. Village
Manager Couzzo indicated it would still be costly. Discussion ensued. Council Member
Genco recommended it be left up to the Manager if he was able to consolidate the fire
rescue. Village Manager Couzzo indicated he would talk to the engineers. Council
Member Paterno commented the Chief could not get everything accomplished with not
enough people back at the station. Village Manager Couzzo commented once
enforcement was pulled off the bridge and there was just a sign indicating maximum 5
tons, there would probably be truck traffic. Council Member Genco expressed her
opinion it was time to install a round about where Turtle Creek came out to start limiting
traffic.
•
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Minutes -Village Council Regular Meeting 02/16/06
Page 34
Village Manager Couzzo commented people would report trucks had gone over the
• bridge and be concerned that it was dangerous, and the police would do their best to
enforce it but they could not be there all the time. Council Member Paterno commented
maybe enough tickets could be given out to get back the money paid in overtime-he
thought it was going to be a problem, and if there was a policeman there he thought they
would be writing three tickets an hour. Village Manager Couzzo advised the Village
would try to have someone there as much as possible but if Council wanted a person
there all the time it could be done. Consensus of Council was to have the Police Chief
watch the situation and make that decision.
Vice Mayor Watkins asked if a speed bump needed to be installed on each side of the
bridge. Village Manager Cou~~o commented that would slow traffic, but would not stop
the trucks, and suggested video equipment to video tags. Council Member Paterno
advised the company that installed cameras at the park had volunteered to put in a license
plate reader as an experiment for approximately 90 days, to see if the Village was
interested in it, and the bridge would be a good place for that test. As soon as the truck
went over, it would be known, and a ticket could be mailed out. The Village Manager
commented that was a possibility and staff would look at that. Council Member Genco
commented, look at as many things as we can.
Consensus of Council was to have staff. look at atraffic-calming device for the north end
of Country Club Drive.
• XII. ADJOURNMENT
MOTION: Vice Mayor 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 10:15 p.m.
c,c.~-mil -~
~ ~~
Gwen Carlisle
Village Clerk
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