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HomeMy WebLinkAboutMinutes_Regular_12/08/2005• MINUTES VILLAGE OF TEQUESTA REGULAR VILLAGE COUNCIL MEETING THURSDAY, DECEMBER 8, 2005 I. CALL TO ORDER AND ROLL CALL - The meeting was called to order by Mayor Jim Humpage at 7:00 P.M. A roll call was taken by Village Clerk Gwen Carlisle. Present were: Mayor Jim Humpage, Vice Mayor Pat Watkins, Council Member Geraldine A. Genco, and Council Member Tom Paterno. Also in attendance were: Village Manager Michael R. Couzzo, Jr., Village Attorney Karen Roselli, Village Clerk Gwen Carlisle, and Department Heads. Attorney Roselli mentioned Village .Attorney Scott Hawkins was delayed, and would be late to the meeting. II. INVOCATION AND PLEDGE OF ALLEGIANCE Mayor Humpage gave the :invocation and led in the pledge of allegiance to the flag. III. PRESENTATIONS AND PROCLAMATIONS • 1. POSTPONED TO JANUARY 10.2006 REGULAR MEETING Presentation on Workforce Housing -Commissioner Karen Marcus, District 1 Mayor Humpage mentioned Commissioner Marcus had a conflict in her schedule and would be available for next months meeting. 1.1. Presentation on Parks & Open Space System Planning -David Barth - Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. Village Manager Couzzo introduced Mr. David Barth a planner with expertise in open space, especially with bicycle paths, and pedestrian pathways. He mentioned he had the opportunity to meet with him a couple of months ago, and he came and made a presentation in the administrative offices. He explained he thought it would be interesting to have a presentation to Council and the community to give some of the ideas he has for the community, and the potential of these pathways and bikeways. He indicated he is familiar with what the Village has done, and what we will be doing on Old Dixie Highway. Mr. David Barth, Land Planner introduced Ms. Connie Roy-Fisher. He • mentioned both of them are Country Club residents, and he indicated he was proposing this as a volunteer effort. He mentioned the purpose this evemng was to ask Council if they would be interested m doing something like this. He explained the presentation was more on Greenways, Trails Minutes -Village Council Regulaz Meeting 12/08/05 • Page 2 and Bikeways Plan Systems. He mentioned he manages the West Palm Beach office, with approximately 150 employees. He indicated what he specializes in professionally is Pazk System Planning (parks and open space). He mentioned his firm has done about 40 different types of system plans, bikeways, trails, natural lands, open space for different cities and towns. He mentioned what they have learned over time is that there is a Great Open Space Model. He indicated all the elements of a plan make up a really good system. He explained what Tequesta has is pieces and parts of a good open space system, such as Constitution Park, Tequesta Pazk, and some sidewalks and bikeway linkages. He mentioned there were also some dead zones. Mr. Barth noted the Village is a great place to live and by having some of these elements, such as access to the water, it makes for a great community. He pointed out through time and through experience they have developed a model, which defines a great system and that it meets the community needs. He mentioned in Tequesta most people can get to some type of park within a '/2 mile or 1 mile from their homes. He asked, as connectors, is each of the Villages streets designed as a linear pazk. He suggested that would be something to him that would be desirable goal to have and can it be achieved in Tequesta. He asked is there a pedestrian • bicycle in transit access to every public pazk and open space. He explained right now as an example, he can ride his bike from the Country Club to Publix. He indicated it is not a prefect ride, but he can use his bike to get almost anywhere in the community, but there are places where he hits potholes, dead ends, or he has to get off the path because someone is coming at him. He mentioned for the most part the Village has the framework for a good plan; so the question is can the Village make it better. He asked how can Tequesta improve the plan, and have better bone structure. He showed slides from different communities and how they have improved their street networks, bikeways and trails. He noted over the summer he went to Europe and after visiting Belgium; he started to see what it would be like to live in a community that believed in the plan principles. He mentioned in Mole, Belgium he could go anywhere he wanted by foot, or bicycle and it was integrated into the society. He then said if Mole, Belgium can do this, can the citizens aspire to make Tequesta one of the most livable, walkable communities in United States. He commented a community that promotes health and wellness. Mr. Barth mentioned the question he asked when he met with the Village Manager and the Vice Mayor was; was the community interested in taking • a look at our pedestrian and bikeway systems, and engaging in some type of planning process.. He noted he has no preconceived notions about how much detail the Village would want to get into, but the typical planning 2 Minutes -Village Council Regular Meeting 12/08/05 Page 3 process is to look at where you aze, identify a long range vision, and figure out how to break that vision down into a Capital Improvements Plan (CIP) and Village codes. He commented whatever planning process the Village would want to engage in has those elements in it. He felt it would be interesting to create some type of map, that an overall open space plan has layers, but indicated he was addressing more the trails and bikeways layer for the Village. He asked if Council was interested in doing something like this for Tequesta. Mr. Barth indicated Ms. Roy-Fisher and him were interested in volunteering their time and leading some type of process. He felt there would probably need to be some type of Citizens Advisory Committee, either have an established committee, or they could put together a group of people that would be interested. He noted they could do some Saturday and evening workshop sessions, and suggested the Village put together some base maps. IIe mentioned the group could then talk about what works and what does not work, and where does the Village need better connections. He explained ultimately they could come up with a plan, and identify projects. He stated the objective to him was how does the Village take this wonderful community that we live in, and make it one of the most livable and walkable communities in the United States. He pointed • out the community already has all the ingredients, and was not broken or needed to be fixed. Council Member Genco asked to see the slide regarding the plan components. Mr. Bazth reviewed the slide on the Connector's checklist. He indicated when they talk about the trails and bikeway connections the checklist has some items they generally see missing in a plan. He commented for example, if he was riding his bike from his home, and went to the Alternate A 1 A bridge; as you are riding down the bridge when you get to the bottom the sidewalk ends, and it very dangerous. He stressed that is outside the Village's limits, but there aze other places in Tequesta where the sidewalk dies, such as Tequesta Drive. Vice Mayor Watkins noted she was very interested in hearing the presentation, since the Mayor and Council Member Resnik were so interested in doing sidewalks in the Village, that Council may want to keep some of these ideas in mind when they aze planning them that they aze adequate for bikers as well as pedestrians. She thanked Mr. Bazth for the presentation. Mayor Humpage noted one of the most interested comments Mr. Barth made, was he offered to volunteer his time. He noted when the Village put out the Mayor's survey one of the comments the residents were interested in was sidewalks. He commented the Village does have some missing links, and plans are over the next 3 yeazs to complete some of the missing links. He explained he sees this as a great opportunity, before the Village begins to complete the missing links, to get some input from the residents. 3 Minutes -Village Council Regular Meeting 12/08/05 • Page 4 Mayor Humpage thanked Ms. Roy-Fisher and Mr. Barth for any assistance they would give to the Village. Mr. Barth stated they would need a staff person to be a liaison, because they would need help getting base maps together, and need to set up an advisory group, and figure out some type of schedule. Council Member Genco asked whether the Village had it all the streets and maps on CADD. Village Manager Couzzo indicated Staff could provide them with more information. Mayor Humpage noted since the Village has some of this work in the 2005/2006 budget, it would behoove the Village to take a quick look at this and put something together. He thanked Mr. Barth. IV. APPROVAL OF AGENDA MOTION: Vice Mayor Watkins moved to approve the agenda, as amended; seconded by Council Member Paterno. Vice Mayor Watkins asked if she could clarify the minutes provided under Item 2, Unfmished Business regarding her ex-pane communications: She stated for the record that she had spoken with more than Mr. Burkhart, that the group included, Mr. Nick Mastroianni, Mr. Ed Oliver, and she could not remember the 4th gentleman. • Council Member Genco removed Items 15, 16 and 18 from the Consent Agenda. Council Member Paterno removed Items 14, and 17 from the Consent Agenda. Motion passed 4-0. V. UNFINISHED BUSINESS/DEVELOPMENT MATTERS 2. 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. Village Attorney Hawkins swore in 5 people. Ex parte communications: Mayor Humpage mentioned he had no disclosures at this time. Vice Mayor Watkins mentioned she thanked the gentlemen for their presentation at the break during the last Council Meeting, but they did not discuss the project. 4 Minutes -Village Council Regular Meeting 12/08/05 • Page 5 Council Member Paterno mentioned he had no disclosures at this time. Council Member Genco indicated she spoke with Mr. George Gentile this evening, and he asked if there were any items that she may want to address at this meeting. She stated no. Ms. Catherine Harding, Director of Community Development indicated Staff had not received any correspondence or communications from the applicant since the last meeting. Attorney Hawkins mentioned Ms. Harding may not have seen a letter that went to the Village Manager, and was sent to each Council Member. He stated Mr. Terry Lewis, Counsel for the applicant, Allied Capital submitted the letter, and the letter discusses a detailed legal opinion as to the application of the subject ordinances, specifically the issue that arose at the last public hearing on this matter in November. He mentioned the question at the time, the issue was deferred as to whether or not the adjustments to the code were reflected in Ordinance 390, which was adopted back in 1989. He stated even though it was not incorporated in the latest codification of the code, which was effect June 2004, the question was whether or not those adjustments to the height provision in Ordinance 390 bore upon the issue. He commented there was a question he was asked • to look into, which he has looked into, and he circulated a memo to the Village Manager last week dealing with those issues. He stated it is his legal view that, and it is consistent with Mr. Lewis' view that Ordinance 390 is still the code, still the law, even though for reasons that are not clear to him, the codification did not reflect Ordinance 390. He stated in his judgment it is still the law, so the height provisions reflected in Ordinance 390 do pertain, and the scriveners error in the code dealing with PCD and the adjustment downward of 50 feet, instead of an adjustment upward was a mistake. He stated Ordinance 390 prevails. Council Member Paterno indicated he did not remember seeing Attorney Hawkins memo. Council Member Genco noted Council received some other notes, but they did not receive the memorandum that came on the Attorney's letterhead. Attorney Hawkins noted it was sent to the Village Manager. He stated he thought it was distributed to Council. Village Manager Couzzo believed it was distributed, but that he would check and see. Council Member Genco asked Attorney Hawkins in his o~inion the oldest of the three memos Council received on November 18 ,was the one that prevailed. Attorney Hawkins stated it is his opinion that Ordinance 390, adopted in 1989 is still the law. He indicated his memo was dated December 1, 2005, which explains in detail his opinion. Mayor Humpage noted Mr. Lewis's legal opinion is dated December 7`t', which • came in yesterday. Council Member Genco noted it was overwhelming to read all of the notes and memos and try to absorb them. 5 Minutes -Village Council Regular Meeting 12/08/05 Page 6 Mayor Humpage stated he understands Ordinance 390 and has no problem with it. Council Member Genco felt Attorney Hawkins memo was a little. bit different from Mr. Lewis' opinion, and that it would have been very useful understand what the differences were. Mayor Humpage asked Attorney Hawkins if he would cite the differences in the two opinions. Attorney Hawkins stated he could not tell the exact differences in the opinions, but his view is Ordinance 390 was adopted in 1989, should have been codified in June 2004. He noted he could not explain why it was not codified, but there is no proof that the Village ever intended not to codify it, and there is no evidence the Village ever intended to repeal it, and without that showing you can not deem a provision repealed just because for error it was not included in the codification. He indicated that was his legal view. Council Member Genco commented she was one of .the Council Members at the time, along with Vice Mayor Watkins and Mayor Humpage and she distinctively remembers Staff making changes when they recodified, and Ordinance 589 was adopted. Attorney Hawkins indicated technically Ordinance 390 does not appear in the current code book, it should be included, and the fact that it does not appear in the book does not mean it is not the law. Mayor Humpage asked Mr. Lewis where did he see the codification. • Attorney Lewis mentioned the codification is the code that Council has, it contains the language that is on Page 2 of his opinion. He mentioned Ordinance 589 is a short ordinance that codified the current code, and to the extent that they are not included they are repealed. He noted in this case if you look at the language he quoted, in fact the language in Ordinance 390 is included, until you get to the deep ended clause that says however, at the discretion of the Village Council building heights may be increased to maximum of 4 stories/50 feet. He stated that is a law that he quoted, a case law that says that you are entitled to read absurdities out of the law. He commented if you look at Section 78-143 of the Village code, the schedule of heights that has been adopted for C-2 is 70 feetl5 stories. He stated the first part of the language on his Page 2, accurately quotes what is in Ordinance 390. He stated it says that the allowable height will be that allowable height in C-2. He felt the remainder of that sentence simply makes no sense. He noted if you are allowed 70 feet, you can not very well increase to 50 feet. He mentioned when you encounter a scriveners error and there is no evidence of any intent for this Council to have made the change, then you are entitled to read the correct language into the code. He mentioned that is what the courts have consistently done, and that is what he is asking this Council to do. Attorney_Lewis noted the item that he just spoke to appeared to be the lone remaining issue when they left the last meeting. He noted the applicant was here to ask for the • PCD Special Exception. He stated they know they will then have to come for a site plan review, if they are granted the Special Exception. He noted other then his opinion letter they did not submit any additional materials. 6 Minutes -Village Council Regular Meeting 12/08/05 . Page 7 Mayor Humpage stated it is the applicant's position there is no new information brought to Council other than the opinion letter, which is relative to Ordinance 390. Mr. Lewis stated it was the intent of Staff and a previous Council to adopt the verbatim language in Ordinance 390. Council Member Genco mentioned the current black book/code is the bible and when the Village recodified and all the numbers of code sections were changed, and those numbers are no longer referenced in any of these resolutions or ordinances, she felt there was an obvious deliberate attempt to changes things, she asked how to resolve that issue. Attorney Lewis stated there aze two ways to look at the issue; to begin with when the Village was recodifying their ordinances in 2004, if some substantiate portion of Ordinance 390 was changed that should have been indicated on the face of the codification ordinance. Council Member Genco noted that was Mr. Lewis' opinion. Attorney Lewis mentioned that is pretty much black letter law of statutory construction. Council Member Genco read the language as stated in Ordinance 589 regazding the recodification and repeal of ordinances. Attorney Lewis pointed out and referred the Armstrong vs. City of Edgewater case as stated in his opinion letter. Council Member Genco mentioned the absence of something in the code does not mean Council should deliberately omit it, and that in her opinion . it does mean that the Village deliberately omitted the ordinances. Attorney Lewis asked why would Council amend the code to include a phrase that makes no sense. Council Member Genco agreed there are inconsistencies in Chapter 78 the PCD versus the commercial code, however it also says if there aze inconsistencies you are suppose to ignore the other parts, you just follow the rule that is stated in the Chapter 78 that applies to the PCD. Attorney Lewis pointed out Chapter 78-255 states that the building height will be the same building height as C-2. He mentioned if you look at the schedule that was also adopted in the code it has a confirming schedule 70 feet/5 stories. Mayor Humpage indicated what the Council has before them is the opinion of two attorneys. He noted he understood that Ordinance 390 is only relative to height. Attorney Lewis agreed. Mayor Humpage suggested moving off the height, and move forwazd with the rest of the presentation. Council Member Genco noted the height was an issue. She noted Council has to either approve it for 5 stories, or approve it for something else, or deny it. Attorney Hawkins mentioned the height that Council ultimately decides on is a matter of discretion, as he interprets the code. He stated if Council wants to go down, they have the discretion to take that position; he stated it is not mandated. He noted in terms of what Mr. Lewis has said, they aze in agreement, that Ordinance 390 should have been included in the current code. Council Member Paterno asked what the attorney meant by discretion for height. 7 Minutes -Village Council Regular Meeting 12/08/05 • Page 8 Attorney Hawkins indicated discretion means Council could go up on the height within the restrictions, which allow up to 5 stories/70 feet, or with Ordinance 390, 6 stories/84 feet. He noted the code does require Council to specify the reasons to their objections. Council Member Genco asked if they make a decision this evening on something that is not cleaz in the code would it establish a precedent with going forwazd that the Village has to live with. Mr. Lewis explained in the position the Village is currently in with the zoning-in-process action this project would be the only project not under the zoning in process. He stated no one else would be affected, and before anyone could come back before them, Council has the opportunity to make the code read as they wish. Attorney Roselli agreed with Attorney Lewis. She indicated she is in the process of redrafting the ordinance, fixing this, and the new ordinance will include the language of Ordinance 390. Council Member Paterno stated he understood that the applicant was the only one before them regazding the C-2/PCD, but noted that was why he voted against it the last time, a couple of months ago so to give Council the opportunity to clarify, and make it easy for everyone. He commented he wished the applicant could have waited until the point of clarification. Vice Mayor Watkins mentioned she expressed her thoughts at the last meeting. (Public Comments) Mr. Russell von Frank, resident of Dover Road and former Council Member commented these gentlemen were paid to design this project, and after everything is said and done they will walk away, and the Village residents will have to live with the project 365 days a yeaz. He displayed a project model as it would look in the commercial area, and against the surrounding properties. He felt it does not belong in the community. Attorney Lewis indicated he understood Council Member Genco's concerns, and if it makes her more comfortable temporarily to correct the ordinance so that it read the way Ordinance 390 originally read, he would be willing to accept a conditional approval so that they could not bring this back to them, until the Village had corrected the statute to the way Ordinance 390 read. He noted that would at least allow them to go through the site plan process. He felt the mistake was made, and the past Planning Director almost in every case confirmed that the 50-foot height was an error that was made in the codification and nothing more. He explained since he has been doing this, which is going on a yeaz, they have operated under the direction from Staff that the allowable height was 70 feet/5 stories, and if they wanted a 6 story building that would have to come to Council for a special exception for that as well. He indicated it was based on the Staff direction. He noted as well that he recommended this client comply to the letter with the Village code. 8 Minutes -Village Council Regular Meeting 12/08/05 • Page 9 Council Member Paterno mentioned the applicant has yet to inform Council of what the commercial uses will be, the square footage, what kind of business. He noted by code that is required, and asked Mr. Lewis if he was prepared this evening to do that. Mr. Lewis stated Mr. Gentile at the last meeting identified in all likelihood the principal use would be a spa. Council Member Paterno pointed out this is suppose to be a Planned Commercial Development (PCD) so Council needs more information in reference to what businesses would be set up, and what they would be doing. Mr. George Gentile, Gentile Holloway and O'Mahoney stated at the last meeting they indicated they have a potential use for a portion of the space. He explained they would be providing space in there, possibly a spa, a facility the public could use and utilize, and if necessary any of allowable commercial uses in the District as listed in the code book. Council Member Paterno noted under Section 78-368b a petitioner seeking a special exception approval shall submit a development concept plan in the 24x36 and to scale. He felt the applicant had not done this. Mr. Lewis stated the applicant did, and if he remembers it took up the bulk of the evening the last time they were before Council. Council Member Paterno noted the applicant was to estimate the number of employees, seating, users, members, etc. He indicated he does not remember getting • any detailed information. Mr. Lewis felt Council Member Paterno was addressing the site plan, and that would be later. Council Member Paterno felt Council needed to know now to do a conceptual to understand what the applicant was going to do. Mayor Humpage noted they have 3,900 square feet in the fitness center, and 7,500 in total square footage. Mr. Gentile agreed and noted that was on two floors, and until they lease the space they do not know the use at this time. He stated the applicant did give all the right sizes in the plans, and all the pages. He indicated the Village staff requested that the larger scale drawings be reduced to 11x17 so Council did not have to carry around the larger, bulkier plans. He stated they also supplied aerials, which are not normally submitted at this stage of the process for their review. Attorney Lewis noted if Council was to read everything in the mandatory fashion, the simple practical answer would be that they do not know how many employees there will be, and that Council is able to waive that requirement. He noted they have tried to address everything the Council has asked. Council Member Genco noted Section 78-358 what was required for a conceptual review, and that is what Council is doing at this point. Council Member Paterno stated he was addressing Section 78-368 (b). Attorney Lewis stated if they needed a number for a spa it would be approximately 16 employees, according to Mr. Gentile. 1'~ U 9 Minutes -Village Council Regular Meeting 12/08/05 • Page 10 Council Member Genco suggested a couple of ideas. She felt part of the process in the conceptual review is to take and integrate this building into our society, which means the environment, the structure, the social and economic needs of our community. She stated one of the problems she sees with this project conceptually is in part that integration. She noted the project is taking this property from ahigh-density commercial area to a residential area. She suggested if there was a way of making the transition a little more where it would flow and be more uniform that would be to her more in fitting with what the community would be looking for and help preserve some of the commercial use Council would want to keep along U.S. One. She mentioned she looks at the building and sees the front section where it could be split in half right where the lobby is, and you can also split the building into five or six different kind of pods. She asked if there were six parapets. Mr. Oliver responded in the affirmative. She felt the amount of commercial space they have proposed takes up about one of them, from what she can see. She suggested having at least the first half of the building, on the ground floor, be commercial, where at least from U.S. One that would appear to be a commercial use that would work very nicely as a spa, or a doctor's office, etc. Mayor Humpage noted Council was to decide on the Special Exception • use this evening. Council Member Genco mentioned it was a conceptual review and one of the processes for the conceptual review is to give the applicant input. Attorney Lewis noted he has taken Council Member Genco's comments as input for the project. He indicated he was not sure if the suggestions would work, but they would take those comments with them and between now and site plan, see what they could do with it. Council Member Genco commented that would almost triple the amount of commercial area. She mentioned they would need to see if that suggestion would be economically feasible. She felt that would work better with the profile and fitting in the community. She stressed she was also very troubled by the height differences between the four and the five stories, however, the way the building is laid out could probably work where they could have a number of penthouses if they were to stagger the height. She suggested the height could be 3 stories on the first pod, 4 stories on the second pod, and five stories on the next pod, and therefore when on U.S. One it would probably look really beautiful. She felt they would be able to have more density by staggering or elevating the building that way. She pointed out that would probably integrate it better into that area. She explained she understood this property cost a huge amount of money, and one thing that she would hate to see happen, which could be a potential is for someone to go bankrupt, and then the Village ends up with a vacant lot. She stated at the same time she would like to see the community get some benefit, and would like to see the developer make a workable project. 10 Minutes -Village Council Regulaz Meeting 12/08/05 . Page 11 Vice Mayor Watkins asked the applicants if there was a possibility in their minds, because one of the issues troubling the majority of Council was the amount of commercial space; she asked if there was a way to satisfy the problem by doing some additional amount of commercial space. Mr. Gentile stated there is always a possibility of looking at things differently. He indicated when this project came into the Village, and he was not involved at the time, there was a much higher building proposed which provided the ability on grade to put a freestanding commercial building in front on U.S. One. He noted that would allow for a greater amount of commercial space. He mentioned the applicants took the plan and did a number of things: 1) they heard Council, and the Planning Commission and they came down in height substantially, in fact below Council's discretion and came to what the code allowed which was 5 stories/70 feet; 2) they came down in density when they reconfigured the plan; 3) took the use and spread it out more, and brought in the environmental aspects on the site, which left a huge preserve azea. He commented they could have mitigated it like the Casa Del Sol did to the north. Mr. Gentile noted they would take Council's comments and look at in the site planning process. He mentioned he would have to look at the plan overall and see what the impacts would be to the other aspects that they • aze trying to preserve on the site. Council Member Paterno stated if they approve this and the applicant does not incorporate Council's comments; Council would be stuck with this plan, He commented he sees things differently, he sees this as a commercial area that allows for PCD's, but the thing is it is suppose to be oriented to commercial for the community. He mentioned whoever bought the property, when they bought it knew it was commercial, they knew they were taking a chance coming to Council and trying to push something else on the community. He felt the developers knew that coming in, and that they could have come in with something more evenly mixed, and had an easier time, but he felt they were pushing the limit. He stated realistically this is to be a commercial oriented project, and all they have been talking about it residential. He felt it does not meet the criteria. Mayor Humpage commented when Council votes he will give his comments at that time. Village Manager Couzzo suggested while Council is considering the applicants request for a Special Exception that if they aze going to allow this to go forward, he reviewed with the attorneys, and he felt it would be prudent to have specific conditions upon any approval, if not the ability for them to control the destiny of site would be jeopardized. Council Member Genco noted there were basically three choices: 1) conceptually approve the design that is before Council; 2) • decide that there will be modifications to it; or 3) deny it. Attorney Hawkins agreed with Council Member Genco noting Council could pass it with conditions, but he would want the conditions to be very specific. 11 Minutes -Village Council Regular Meeting 12/08/05 Page 12 Attorney Hawkins mentioned it is important that Council makes it clear to everyone, particularly the applicant. Mayor Humpage mentioned he did not want to get into specifics of how the project could look one way or another. MOTION: Council Member Paterno moved to deny the Special Exception request; seconded by Mayor Humpage, motion to deny passed 3-1, with Vice Mayor YVatkins in opposition to the motion. Mayor Humpage indicated the reason that he voted no was because prior to the November 17~' Council Meeting, and prior to this meeting he reviewed all the information and facts presented in evidence by the Atlantis representatives and Staff, also the Planning and Zoning Board comments, and the conceptual plans submitted. He stated his decision this evening was based on Section 78-362, criteria item #4, and Section 78- 363, findings required Items 10 and 11. He mentioned in Section 78- 366(b) the time limits of this subsection (a) may be waived, and subsection (b) says that if a majority of the Council approves of having an additional presentation that within three months the applicants can come back to Council. He stated he would like to leave that door open to the applicant, and take a look at the criteria he specifically mentioned. • Council Member Genco felt the Mayor's comments should have been read into the record before Council voted, because they have already voted on something that does not incorporate those comments. Attorney Hawkins suggested all the reasons behind the motion stated that there should be a new motion stated so that it is clear for the record. MOTION: Council Member Paterno moved to deny the Special Exception request based on Section 78-363, Items 10 and 11, and that it does not meet the criteria of the PCD. Council Member Genco felt the original motion on the floor needed to be taken off, or substituted. Attorney Hawkins agreed the first motion needed to be withdrawn. MOTION: Council Member Paterno moved to withdraw his original motion; seconded by Mayor Humpage. Attorney Hawkins clarified for the record the motion to withdraw needed a vote, and asked Council to vote on the motion to withdraw the original motion. Motion passed 4-0 to withdraw the original motion. • 12 Minutes -Village Council Regular Meeting 12/08/05 • Page 13 MOTION: Council Member Paterno moved to deny the Special Exception request based on Section 78-363, Items 10 and 11, and that it does not meet the criteria of the PCD; seconded by Mayor Humpage. Village Clerk Carlisle pointed out the motion would also need to incorporate Mayor Humpage's comments regarding Section 78-362, Item 4. Attorney Hawkins stated everything of concern to the movement needed to be included in these fmdings. Council Member Paterno asked Mayor Humpage what part of Item 4 was he referencing. MOTION: Council Member Paterno restated his motion to deny the Special Exception request based on Section 78-362 Item 4, Section 78-363 Items 10 and 11, and that it does not conform to the definition of the PCD; seconded by Mayor Humpage. Attorney Lewis mentioned he took the comments regarding the waiver kindly; he asked Council to reconsider. Mayor Humpage suggested finishing the motion. Motion failed 2-2. The motion to deny failed. • Council Member Genco suggested tabling this item. Attorney Lewis noted he was starting to ask Council (one person on the prevailing side) to consider the denial, and leave it pending for the moment, and postpone the item until the ordinance could be corrected. Council Member Genco indicated that would be useful, although it brings Council back to the conceptual approval. She stated now that the applicant has a better idea of what Council would like to see in the area, they could come back to Council with a conceptual drawing of what would be closer to what they envision. Council Member Genco noted Council could table this item again, or deny it and have the applicant bring it back again. MOTION: Vice Mayor Watkins moved to accept the conceptual review this evening for the Special Exception with the condition that the applicant bring Council back a new concept including some additional commercial space, and possibly a different design of the building to incorporate Council Member Genco's comments regarding the stepping of the building. Attorney Hawkins clarified if the motion was to grant the Special Exception based on the conceptual plan that had been presented, with the conditions as stated in her motion. Vice Mayor Watkins agreed. Motion failed for a lack of a second. • 13 Minutes -Village Council Regulaz Meeting 12/08/05 • Page 14 Council Member Paterno commented he understood where Council was going with this. He suggested he would make a motion to deny, and he was willing, if the applicants were willing to make the changes that would be made and come back with the conceptual, it would be three months by the time they are done. He stated the applicants know where Council is headed, and hopefully everything will go a lot smoother for everyone. Attorney Lewis stated that puts him in the position of the lawyer again. He noted Attorney Hawkins would tell them that it is his opinion that his client has the right to rely upon the code as the code is now. He commented if the applicant willing waives that right, that would be enormous. He stated he did not know what the Village would do with the code in three months. MOTION: Council Member Genco moved to table the item. Attorney Hawkins asked how long does Council plan to table the item. Council Member Genco mentioned it could be tabled until they could bring a revised conceptual to Council. Attorney Roselli felt that what Council was saying was: this section that requires all this information on the conceptual plan has not been provided, exact number of employees, they are estimating. The commercial hours of operation, what types of • commercial uses, how many people patronize the commercial use, because that will affect how much parking will be needed. She stated if it is a restaurant, or a nail salon, etc, they would need more pazking. She explained what she is hearing Council say, they do not have enough information presented in their conceptual plans to evaluate what the commercial uses aze, and some of the other stuff, and that maybe they need to supplement or amend their conceptual plan so that they thoroughly address the criteria in the code, that should have been addressed. Council Member Genco commented that is basically what she is seeing under Section 78-368 (b). Attorney Roselli noted those are all conditions that precede a Special Exception. She explained if it is a PCD Council needs to know what the PCD is. Mayor Humpage agreed, but indicated he still relies on Section 78-366 (b). He read for the record: "The time limits of subsection (a) of the section may be waived by three affirmative votes of the Village Council when such action is deemed necessary to prevent injustice or to facilitate the proper development for this Village". Attorney Lewis mentioned at this point he does not have a denial. He noted of the options presented to him, he would prefer Council Member Genco's, if Council were going to do something. He suggested tabling the item for the moment. He indicated he understood very cleazly what the . basic concerns were on the conceptual plan, and his advise to his clients and to their professionals, would be to address those issues and come back to Council. 14 Minutes -Village Council Regular Meeting 12/08/05 Page 15 • MOTION: Motion seconded by Mayor Humpage to a future date. Council Member Paterno asked how long was this item going to be tabled. Attorney Hawkins noted typically there is no discussion on a motion to table an item. Motion passed 4-0 to table this item to a future date. 3. CONTINUED TO THE _JANUARY 2006 REGULAR COUNCIL MEETING -Quasi judicial Public Hearing for Special Exception "Members Only" Club, located at 1 Main Street Building 3rd Floor. Swearing-In of Witnesses Disclosure of ex parte communications Testimony: a) Staff comments b) Applicants comments c) Village Council questions d) Public comments e) Final comments by the applicant ~ Village Council comments ~ Motion to approve/disapprove the Special Exception Use to allow a "Members Only" Club on the 3'd floor of the 1 Main Street Building. • VI. STANDING REPORTS VILLAGE ATTORNEY -None VILLAGE MANAGER -None VII. CONSENT AGENDA All items listed under Consent Agenda are considered routine and will be enacted by one motion. There will be no separate discussion of these items unless a Village Council Member so requests, in which event the item will be removed from the Consent Agenda and considered in its normal sequence on the Agenda. Council Member Genco removed Items 15, 16 and 18 from the Consent Agenda. Council Member Paterno removed Items 14, and 17 from the Consent Agenda. MOTION: Council Member Genco moved to approve the Consent Agenda, as amended; seconded by Vice Mayor Watkins; motion passed 4-0. Therefore the following items were approved on the Consent Agenda. 4. Village Council Special Meeting Minutes October 31, 2005. 5. General Employees Pension Board of Trustees Quarterly Regular Meeting Minutes August 15, 2005. 15 Minutes -Village Council Regular Meeting 12/08/05 • Page 16 6. Planning and Zoning Advisory Board Meeting Minutes October 6, 2005. 7. Public Safety Officers Pension Boazd of Trustees Quazterly Regulaz Meeting Minutes August 11, 2005. 8. General Employees Pension Boazd of Trustees Special Meeting Minutes September 19, 2005. 9. General Employees Pension Boazd of Trustees Special Meeting Minutes September 27, 2005. 10. Special Master Meeting Minutes September 22, 2005. 11. Boazd of Adjustment Meeting Minutes November 15, 2004. 12. Board of Adjustment Meeting Minutes January 4, 2005. 13. RESOLUTION 33-05/06 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Reducing Appropriated Fund Balance and Decreasing Budgeted Expenditures in General Fund #001 $30,925; Capital Projects Fund #303 $24,025 and Water Utility Fund • #401 $9,925. END OF CONSENT AGENDA ITEMS REMOVED FROM CONSENT AGENDA TO REGULAR AGENDA 14. a) RESOLUTION 34-05/06 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Amending and increasing the 2005/2006 Water Utility Fund #401 Budget $1,200,000.00 By Appropriating Additional Fund Balance and Increasing Revenues and Expenditures to Fund the Construction of Well #4 and Associated Pipeline as Follows: Revenues: Grant SFWMD #401-000-337.302 $ 484,000 Appropriate Fund Balance $ 716,000 ~Q_~ Expenditures: Well Construction #401-414-663.341 $ 757,500 Well Engineering #401-414-663.642 $ 42,500 Const-Pipeline We114 #401-414-662.641 $ 327,500 Eng. Pipeline #401-414-665.640 22 540 !~ • b) RESOLUTION 35-05/06 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Authorizing the Execution of Work Authorizations in the amount of $115,000.00 to 16 Minutes -Village Council Regular Meeting 12/08/05 • Page 17 Arcadis, Reese, Macon $ Associates for the Capital Projects Accounts #401-414 663.642 and the #401-414 665.640 for RO Well 4 and the Associated Pipeline and Authorizing the Village Manager to Execute the Applicable Work Authorizations on Behalf of the Village. Council Member Paterno removed this item and asked Staff possibly to entertain the idea at some future date to put out bids, and incorporate the engineering into the project versus having the engineer prepare the documents and having it built. He pointed out if accepting the bids with the engineering included, if the Staff does not like them, they do not have to take them. He felt it could possibly save the Village some money. He stated it is just another way of looking at it. He mentioned he understood both ways of doing it, but just wanted to throw it out on the table. He noted he was not against this .item, but that sometimes the Village could take another approach. Mayor Humpage commented he would agree, but asked how would a job be bid without the engineering. Council Member Paterno mentioned a lot of companies say what the project is and tell the construction companies that are going to bid on it and to incorporate their engineering into the price. He commented they will come up with the criteria that they believe is going to work. He • commented it happens all the time. Council Member Genco explained when Reese Macon designed the Water Plant, they did a design that included all the trains and all four wells, and now the Village is paying them again to resubmit and to monitor it. She felt that did not make much sense. Mayor Humpage noted none of that is in this project, and they were directed to do that by a previous Council to have the provision made to design the Plant in that fashion. Council Member Genco noted it was designed that way already. Council Member Paterno pointed out he was not stating that for this item, he was talking about the engineering so that it could be brought to everyone's attention. He stressed. sometimes there is money to be potentially saved, because the design is already there in the future of the Plant. Village Manager Couzzo mentioned there is a design-build concept, and the Village could go out and advertise for design-build contractors. He indicated what they do is to take a look at the whole project, and they will give a scope and provide all the services in a package. He stated that is a possibility. Village Clerk Carlisle read for the record the title of Resolution 34-05/06. MOTION: Council Member Genco moved to approve Item 14a, Resolution 34-05/06; seconded by Council Member Paterno; motion passed 4-D. 17 Minutes -Village Council Regular Meeting 12/08/05 • Page 18 Village Clerk Carlisle read for the record the title of Resolution 35-05/06. MOTION: Council Member Genco moved to approve Item 14b, Resolution 35-OS/06; seconded by Vice Mayor Watkins; motion passed 4-0. 15. RESOLUTION 36-05/06 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Authorizing the Execution of an Attached Exhibit "A", Engineering Services Work Authorization, in the amount of $26,000.00 to Arcadis, RMA, Budgeted in Stormwater Utility Fund #403, Account # 403-320-662.632, Architect & Engineering, Other, with a 2005/2006 Budget of $30,000.00 and Authorizing the Village Manager to Execute the Applicable Work Authorization on Behalf of the Village. MOTION: Council Member Genco moved to approve Resolution 36-05/06; seconded by Vice Mayor Watkins. Council Member Genco mentioned she saw some general plans for the South Cypress Drive project, but asked whether there would be any final plans. She asked if this was going to be a one-phase project. Village Manager Couzzo indicated it would be a one-phase project. He mentioned • Council had seen some conceptual drawings instead of full-blown drawings to keep the cost down. He explained it would be the center median concept, and the stormwater drainage improvements to South Cypress. Council Member Genco questioned whether this would complete the Village's South Cypress Drive stormwater and landscaping improvements. Village Manager Couzzo responded in the affirmative. He mentioned this was an arrangement the Village had with the property owners on South Cypress where they participated to fill Ordinance 377 requirements. Mayor Humpage commented the Village had some issues with Ordinance 377, and the property owners lost their parking. He indicated Staff and the property owners had a couple of meetings to work the issue through, and now the Village needs to get an engineer to get the project moving forward. Attorney Hawkins read for the record the title of Resolution 3b-05/06. Motion passed 4-0. 16. RESOLUTION 37-05/06 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Amending and Increasing the Water Utility Fund #401 Annual Budget by Increasing Revenues in Account $401-000-363.101 in the Amount Received from • Martin County from Tropic Vista Residents and Increasing Debt Service Payments in Accounts #401-700-571.705 Principal - 2004 B.O.A. Notes Payable and #401-700-581.705 Interest - 2004 B.O.A. Notes Payable. 18 Minutes -Village Council Regular Meeting 12/08/05 • Page 19 Attorney Hawkins read for the record the title of Resolution 37-05/06. MOTION: Council Member Genco moved to approve Resolution 37-05/06; seconded by Vice Mayor Watkins. Council Member Genco noted the reason she pulled this item was because Council had talked about the concept of the financing on this and how it would be paid back from Martin County. She asked for the status of the payments, and if it was the amount of money the Village expected. Ms. JoAnn Forsythe, Director of Finance commented it was more money than was expected because more people reside there. Motion passed 4-0. 17. Council approval of the Real Estate Lease Agreement between Florida East Coast Railway (FEC) and the Village of Tequesta for the beautification and walkpath along Old Dixie Highway. Council Member Paterno pointed out the presentation at the beginning of the meeting on the bike paths and parks, and tying everything together in • Tequesta. He noted he was glad to see that FEC signed the lease. He questioned the term of the lease. Assistant Village Manager Robert Garlo confirmed the lease was for 50 years. Council Member Paterno asked if it would be $2500 per year for 50 years. Council Member Genco explained it had a 5% escalation after 50 years. Council Member Paterno asked if the escalation would start after 50 years. Assistant Manager Garlo noted he could not answer that question at this time. Council Member Genco read from Page 2, paragraph 2 "that the rental rate for the term immediately preceding the renewal term". She noted she assumed the lease was 50 years. She commented the other thing that she noticed in the document was after the 50-year term the lease only renews for an additional 12- month period. She asked if that could be amended. She commented after 50 years she would hate to have to renew this lease every year. She suggested adding language that if all parties agree then the Village can renew for another 50 years. Assistant Manager Garlo indicated the lease could be amended but he would have to go back to FEC, and then bring it back to Council. Council Member Paterno indicated from his understanding it took about a year to get this lease; he suggested if it needed to be changed to address the issue after the. 50 years. Village Manager Couzzo suggested doing it as an amendment to the agreement. Mayor Humpage agreed, and suggested • first lock in the agreement, then amend the document later. Consensus of Council agreed. Attorney Hawkins clarified it did not provide for an annual escalation of rent, he felt it was $2500 per year for 50 years. 19 Minutes -Village Council Regular Meeting 12/08/05 • Page 20 Council Member Genco stated after the 50 years it goes up 5%. Council Member Paterno suggested Council approve the lease for 50 years, and then amend the lease, so that the Village could lock it in. Assistant Manager Garlo felt now that the lease has been written it would be easier to change in the future. Vice Mayor Watkins pointed out the lease stated: "the Leasee" would erect a fence or barrier". She asked if that would be a permanent structure, or if it would be something during construction. She noted it was on Page 10, under #17, fencing. Village Manager Couzzo read: "the fence would need to be constructed with 30 days". Council discussed the fence barrier and felt it would need to be permanent to keep the public away from the tracks. Council Member Genco commented that would be an additional expense that Council did not anticipate. Council Member Genco also pointed out the indemnification on Page 6, that the lease requires the Village carry some very specific insurance. She asked if that would carry an additional cost to the Village. Village Manager Couzzo indicated he had spoke with Mr. Dan Gallagher, Risk Manager for the Village, and the Village had renewed their FEC lease insurance. He noted he did not know the exact dollar amount, but that it • was reasonable and what Staff had anticipated. Council Member Genco asked if the Village had the specific limits of liability coverage, so the Village would not have to incur any additional costs. Village Manager Couzzo stated that was his understanding. Assistant Manager Garlo indicated he would verify the insurance. He noted the insurance coverage was for the railroad crossing at Tequesta Drive, but he would determine whether the existing insurance would satisfy these requirements. Council Member Genco noted when she read this document it appeared that the Village would not be able to place anything more than 2 feet high. She pointed out the existing shrubbery, the Florida Holly and scrub oak, were probably 15 feet high or more. She stated 2 feet high would be nothing. Assistant Manager Garlo indicated the lease was forwarded to legal counsel, and then it was given to Mr. Gary Preston, Director of Public Works to oversee the project. He noted he was going to forward the lease to the landscape architect to see if the provisions would accommodate the proposed landscaping. Council Member Genco commented the conceptual design that the Village has shows some trees, and moderate height shrubbery. Mayor Humpage indicated the lower heights were only on the FEC property. Vice Mayor Watkins commented what she understood was it could not obstruct any of the railroad's vision. Council Member Genco commented then it would only be in the first 25 • feet. Mayor Humpage agreed, and clarified only closer to the tracks, because the Village owns the Old Dixie Highway right-of--way. 20 Minutes -Village Council Regular Meeting 12/08/05 Page 21 • Council Member Genco pointed out the Village would need to use ground covers on the side closest to the tracks. Village Manager, Couzzo explained Ms. Roy-Fisher, Landscape Architect for the Village designed it that way. MOTION: Council Member Genco moved to approve the Real Estate Lease Agreement between Florida East Coast (FEC) Railway and the Village of Tequesta for beautification and walkpath along Old Dixie Highway for a term of SO years; seconded by Vice Mayor Watkins; motion passed 4-0. 18. Council acceptance of the Fiscal Year End Budget Adjustments 2004/2005. Council Member Genco commented one of the things the Village was doing was transferring $1,960 in public donations for the Hurricane Katrina relief fund. She wanted to acknowledge the contributors: Alfred and Mary Wilshire, Ms. Eunice D. Yaffa, Magdalena and Michael Martin, Ms. Carol A. Fuchs, Susan and William Rezende, Pat and William Watkins, Ms. JoAnn Forsythe, Mr. Charles Adelseck and Mr. Tom Paterno. Council Member Genco pointed out the transfers of monies which were • apparently not intended or not going to be allocated towards Health and Life Insurance. She proposed from this day forward that the budget for Life and Health insurance, no longer be part of the budget for individual departments, that it be part of the Personnel budget. She explained it would be a mathematical quote from the insurance companies based on the number of employees, and felt the individual departments should not have control or knowledge of the life or health costs or issues are. She suggested moving the monies into Personnel. Mayor Humpage asked if she wanted to keep it on the administrative end, instead of each department. Council Member Genco agreed. Village Manager Couzzo noted it could go into Personnel or in Other General Government. He indicated Council would see a decrease in the department budgets next year, because that line item would be eliminated. Council Member Genco noted it should not be in their budget, because it is a cost to do business, not a cost to their department. Village Manager Couzzo agreed it was an excellent suggestion. He noted there were more items Staff was looking to consolidate that were not necessarily the responsibility of a department that should be in Other Government. He felt it would be less line items, less confusion, and less man hours to do them. Consensus of Council agreed. Council Member Paterno asked if there was a reason it was done that way. Village Manager Couzzo noted it was done that way to give Council more accountability to that particular department. He indicated he would show that to Council in the General Fund, and break it out by department. 21 Minutes -Village Council Regular Meeting 12/08/05 . Page 22 Council Member Genco agreed the departments have no control over the amount. Village Manager Couzzo agreed the Finance Department budgets those monies for the departments, the same as Social Security, Worker's Comp, etc. Ms. JoAnn Forsythe, Director of Finance noted the departments do not do the calculations; the finance department does it for them, and it is allocated by function for accounting and reporting purposes. Council Member Paterno referenced the $67,684 transfer in the Utility services. He noted as he understands it is for FPL, because the electricity use has gone so high in the last yeaz. He commented the line item is under budgeted at the Water Plant in reference to the electrical supply; he suggested Council consider instructing Staff to make an adjustment to straighten it out, so at the end of the year the Village is not caught short. Village Manager Couzzo indicated Staff was going to review it next month, after the first quarter of the budget yeaz, and then be able to project. He noted there would be other items such as gasoline, and fuel adjustment costs, etc. Mayor Humpage noted there would be an increase January 1, 2006 in fuel. Village Manager Couzzo indicated Staff is going to try and track those better. • Council Member Paterno asked if the Finance Director had the end year numbers. Village Manager Couzzo clarified what Council Member Paterno was referring to was an analysis of the budget, expenditures and revenues for last year. He noted it was a picture of how well the Village did; did they exceed, did they go over, or did the Village go under. Ms. Forsythe reported this was for the General Fund. She commented it appeared the excess revenues (actual operating revenues} over expenditures were going to be over $1.4 million. She noted she went back and found out the major changes in revenues were: General property taxes went up, and the change there, budget to actual, was approximately $80,000; public service taxes, $75,000; investment earnings, $147,000; intergovernmental (other sales taxes, etc), $72,000; JMZ Tequesta properties, $55,000; FEMA, $476,000; Licenses and Permits, $188,000; Police revenue, $20,000; and EMS revenues, $16,000. She pointed out the reasons the expenditures were so low was because every single department came in under budget: Village Manager, 14%; Council, 4.7%; Human Resources, 4%; Village Clerk, 11%; Finance, 6%; Legal 1.7%; Planning, 5%; Other General Government, 10%; Police, 4.7%; Building and Zoning, .7%; Code Compliance, 3.8%; and Fire, 5% or $101,000. She mentioned Public Works came in at 6.5% below; Pazks, 18%, and Recreation 12% below. Vice Mayor Watkins thanked Ms. Forsythe for taking the time to do the analysis. Mayor Humpage congratulated all the entire Staff. Council Member Paterno wanted everyone to know all the good things . going on, because sometimes people only heaz the bad side. He stated he wanted to emphasize the positive things going on in the community. 22 Minutes -Village Council Regular Meeting 12/08/05 Page 23 • MOTION: Trice Mayor Watkins moved to approve the Fiscal Year End Budget Adjustments 2004/2005; seconded by Council Member Paterno; motion passed 4-0. VIII. COMMUNICATIONS FROM CITIZENS - Ms. Bridget Foreman, resident for 13 years, and residing on Seabrook Road mentioned about 4 or 5 months ago the Village installed a sign at the Bank of America. She noted the sign does not allow someone to turn left to go back to Tequesta Drive. She asked that the sign be removed so the public does not have to make a u-turn on U.S. Highway One, because it is very dangerous. Council Member Genco noted the idea of the sign was to move the trai~ic pattern to exit onto Bridge Road. Village Manager Couzzo noted the intent was to exit at the back of the bank, and go to Bridge Road and then go Main Street to Tequesta Drive. Ms. Foreman noted then someone has to go through the CVS parking lot. She commented a lot of people in the community do not see the sign, and the fine is $250 and four points off your license. She cautioned that a lot of people would be getting tickets, because they are still making the illegal left turn. Village Manager Couzzo commented Staff would be happy to take another look at signage. Council Member Genco suggested putting exit signs with directional arrows to U. S. One and Old Dixie Highway. • - Ms. Betty Nagy, resident of Shay Place mentioned up until last week, her and her friends had discussed with Hattie Siegel that she was wrong, and not being willing to admit that she did not do what the Village wanted. She commented when the Village decided to sell the lien, it was supposed to be advertised in the paper, and then sold at the courthouse, instead the Village sold the lien to Silver Fidelity, without letting the two gentlemen at the March 1, 2005 Village Council Meeting have any say, or anyone else to bid on this property. She noted the men had even offered the Village more money that night. She felt maybe one of these gentlemen may not have been so greedy, or maybe would have had some compassion towards an elderly woman. She stressed now she does not have any money to pay her taxes, because Silver Fidelity took whatever money she had in the bank, plus the insurance policy, and a Certificate of Deposit. She indicated she hopes Ms. Siegel's lawyer can straighten out the mess, because they felt when the Village put the lien on the property, it was just pertaining to her Florida property, that it did not include the bank accounts. She noted now she has nothing, and can not move out of her house, because if she sells the house, Silver Fidelity will get the money. She commented she hopes something can be straighten out. IX. COMMUNICATIONS FROM COUNCIL VICE MAYOR WATKINS - International City Managers Awazd -She mentioned Village Manager • Couzzo had received the International City Managers Awazd Last month for more than 20 years of service. She felt Mr. Couzzo should be recognized for it, and congratulated him. 23 Minutes -Village Council Regular Meeting 12/08/05 • Page 24 - Tequesta Dnve Bndge Workshop She suggested Council do a workshop, and take a good look at the bridge, get all the information on the true condition of the bridge, and what the Village's options would be on getting it frxed. She indicated she would like to have public input, if the Village gets to the point where it needs major redesign. She mentioned if the Village has to address any serious issues she would like to do it right the first time. Wished everyone a Happy Holiday, and the best for the coming New Year. COUNCIL MEMBER PATERNO - Wished everyone a Merry Christmas, and Happy Holidays. He thanked the residents for the opportunity over the past year to serve, and stressed he wanted to try and do an even better job this year. COUNCIL MEMBER GENCO - Tequesta Drive Bridge Workshop -She agreed with Vice Mayor Watkins on the Bridge issue, and commented she understood the Village was going to be having a load test done sometime in January, and they were going to try rushing getting the report to Council. She felt Council may have the • report by the end of January, the first of February. She noted since Council will be elected in March, maybe look at the calendar for sometime in April. She felt they may want to wait until the new Council is seated, because it is a really important issue. - Hattie Siegel Case -She mentioned she had read all the articles in the paper about Ms. Siegel, and one of the things addressed apparently by her attorney was an issue on the judgment, which Council sold to Silver Fidelity. She commented it appears to her that it is something that Council needs to take a look at. She noted she did not know if that is in anticipation of a potential lawsuit, or if it is just a workshop. She mentioned she also does not know if there are some issues that might be addressed when Council was to discuss the issue on the judgment that may also be useful. She indicated it was her feeling from understanding that if the attorney that Ms. Siegel hired, Mr. Metzler, if he goes forward on trying to find that the Village was wrong in selling that judgment, that the Village will probably end up being involved in a lawsuit with Silver Fidelity. She noted she does not know what kind of advise the Village attorney could give on the situation, nor does she know if any of the outcome of that might be something that Council could address, which might be beneficial somehow to Ms. Siegel. Mayor Humpage commented at this time he would reserve any comment on the issue, because he felt it • was unwise to do at this time. Wished everyone a Merry Christmas. 24 Minutes -Village Council Regular Meeting 12/08/05 Page 25 • MAYOR HUMPAGE - Commented he would wish everyone a Happy Holiday at the end of the meeting. X. -NEW BUSINESS 19. RESOLUTION 32-05/06 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Calling a General Municipal Election to be Held Tuesday, March 14, 2006, and if Necessary the Municipal Run Off Election to be Held Tuesday, Macch 28, 2006, for the Purpose of Electing Council Seats 1,3 and 5; Designating Polling Locations, Election Officials and Inspectors of Election; Establishing Election Procedures; Providing an Effective Date. Attorney Hawkins read for the record the title of Resolution 32-05/06. MOTION: Vice Mayor Watkins moved to approve Resolution 32-05/06; seconded by Council Member Paterno; motion passed 4-0. 20. Consideration and possible action by the Village Council regazding allocation of funds for charitable and non-profit organizations, with funds • being derived from account # 001-100-582.800 Council's Aid to Organizations, with a 2005/2006 budget allocation of $11,000.00. Mayor Humpage noted in Council's backup materials last years list of contributions were included. He mentioned each yeaz it seems there aze more requests for assistance. Council Member Genco asked what happened to the $30,000 that Council Member von Frank had asked to be allocated from the telecommunication revenues. Vice Mayor Watkins noted she did not remember that. Village Manager Couzzo mentioned that was discussed by Council, and Council thought it was a good idea, but there was never a formal action taken to move the monies. Council Member Genco remembered agreeing to increase the contribution amount, but acknowledged there was never a formal action taken. She felt the concept was every year the Village would be receiving the money, and they would set it aside for donations/contributions. Village Manager Couzzo explained the way the telecommunication lease was structured the Village received the first five years of funds in advance. He mentioned the Finance Department allocates, the money on a year-by-year basis, and shows the revenue. He indicated the Village does have the money. Council Member Genco mentioned when the Village sold additional space they were able to add more carriers. She felt Council had discussed this item when the Village received the additional monies. Mayor Humpage • suggested a motion to increase the contribution amount from $11,000.00 to $41,000 to add the $30,000 as previously discussed. 25 Minutes -Village Council Regular Meeting 12/08/05 Page 26 • Council Member Genco suggested a total of $40,000 for donations/contributions. Village Manager Couzzo pointed out an additional $29,000 would need to be appropriated from fund balance. Mayor Humpage suggested approving the appropriation this evening and have Staff bring this item back in January. Vice Mayor Watkins asked if the $29,000 was being used elsewhere for the budget. Village Manager Couzzo commented the money was not specific or targeted for anything specific. He mentioned Council would bring it from the fund balance and bring it over to the General Operating Fund to Council's Aid to Organizations from $11,000 to $40,000. He suggested Council also direct him and the Finance Director to move the funds. Ms. JoAnn Forsythe, Finance Director noted Council could direct Staff to come back with a budget adjustment to increase the account to $40,000 so that it could be spent. Village Manager Couzzo explained Council could authorize the Village Manager and the Finance Director to do this by motion this evening. Council Member Paterno mentioned he was prepazed to do the original $11,000 this evening, but was not prepared to do the other $30,000. Council Member Genco stressed all the money did not need to be divided up at this meeting, but the money needed to be moved so Council knows there is money when someone requests assistance, or • the Village has another crisis. MOTION: Council Member Genco moved to move money from the telecommunications fund to Council Aid to Organizations fund to increase the donation/contribution amount to $40, 000, even though all the funds do not need to be allocated this evening; seconded by Mayor Humpage. Ms. Forsythe noted if Council wanted to increase the budget the motion would be to increase the amount in Council's Aid to $40,000, and to appropriate fund balance for $29,000. She noted Council was not moving the money, they were actually budgeting the money. Council Member Paterno asked whether it was Council's desire to do this amount every yeaz. Council Member Genco indicated that would be the budgeted amount every yeaz that Council could allocate. Council Member Paterno asked if it would be used toward things in the community, or outside the community to other organizations, such as the Red Cross. Mayor Humpage commented Council donations help both groups; such as Busch Wildlife and Jupiter High School Project Graduation, which help our community, and save the Children which helps outside the community. Council Member Paterno suggested keeping the funds within the general area. Council Member Genco commented Tequesta's children • are going to these schools, which are outside of the Village boundaries. 26 Minutes -Village Council Regular Meeting 12/08/05 Page 27 • MOTION: Council Member Genco amended her motion to restate Ms. Forsythe's comments: to appropriate fund balance in the amount of $29, 000 to increase the amount budgeted in Council's Aid to Organizations to total $40,000; seconded by Mayor Humpage; motion passed 3-1, with Vice Mayor Watkins being opposed to the motion. Council Member Genco asked Council if they wanted to allocate any money. Vice Mayor Watkins commented Council had already received a letter from Jupiter Project Graduation. Council Member Genco asked if there was anyone else that Council would like to add. She noted her list (included as an email) was a little different that what was allocated for last year. She suggested adding Hannah's House. Vice Mayor Watkins indicated she would support Jupiter Elementary School Preservation. She explained the group was looking to the communities for help to try and save the school from being demolished. Mayor Humpage asked if anyone wanted to change last years list. He indicated he would wait to next month to add any new ones. Council Member Paterno asked what Save the Children was. Vice Mayor Watkins noted that was a hurricane related, tusumia effort. Mayor Humpage indicated it does not always go for tusumia relief, and suggested giving Save the Children $1,000 this year. Consensus of Council agreed. • Council Member Genco commented that was the one that Council Member Resnik picked last year. She suggested $1,000 for Hannah's House, and $2,000 for Jupiter Elementary School Preservation. Consensus of Council agreed. Mayor Humpage noted Council could take another look at additional funds for Jupiter Elementary School Preservation after it gets going, and depending where they are in the future. Mayor Humpage suggested staying with the original list, with the following exceptions: Save the Children, $1,000; adding Hannah's Home, $1,000; and adding Jupiter Elementary School Preservation, $2,000. MOTION: Vice Mayor Watkins moved to approve the original list, as amended; seconded by Council Member Genco; motion passed 4-0. 21. Discussion of the Calendar of Important Dates. Mayor Humpage noted no action was needed on this item, that it was for information only. Council Member Genco indicated this was great. Mayor Humpage commented it gives all the meeting dates, etc. Council Member Genco pointed out it was color-coded which was really nice. Village Manager Couzzo explained nothing was set in stone, and that it could change. Council Member Genco asked if she could receive the list . electronically. Village Manager Couzzo stated he would send it electronically to Council. 27 Minutes -Village Council Regulaz Meeting 12/08/05 Page 28 Council Member Paterno questioned the asterisk in front of the February 16, 2005 Regulaz Council Meeting. Village Clerk Carlisle indicated Council would be discussing this under Item 23 on the agenda. 22. Reschedule the Council Regulaz Meeting of January 12, 2006 to January 10, 2006. Consensus of Council agreed to hold the Regular Village Council Meeting on January 10, 2006 instead of January 12, 2006. Mayor Humpage noted he Vice Mayor Watkins would be out of town to attend Council Member Resnik's burial at Arlington National Cemetery. 23. Reschedule the Council Regulaz Meeting of February 9, 2006 to February 16, 2006. Council Member Genco noted she has a potential where she may not be there. She asked that Council continue this to the January Meeting. Mayor Humpage suggested leaving it as February 16, 2006, and see what happens at the January Regulaz Council Meeting. Village Manager Couzzo indicated he would be out of town at a seminar on February 9, 2006. Consensus of Council agreed to table the item until the January 10, 2006 • Regulaz Council Meeting. 24. Council discussion on the resignation of Public Works Director, Mr. Gary Preston, and approval of a Consulting Agreement. Village Manager Couzzo mentioned he sent Council and email today, and in their packet they have a resignation letter from Mr. Gary Preston, Director of Public Works to begin his retirement after 33 yeazs of service to the Village. He felt it would be prudent to develop some type of contractual consulting arrangement with Mr. Preston for the balance of the fiscal yeaz during the transition. He recommended approval of the Consulting Agreement. Council Member Genco questioned if Council did not approve this agreement what did Mr. Preston mean by saying that he would continue his employment in the current status for an indefinite time. Village Manager Couzzo stated Mr. Preston would stay on with the Village. He felt the consulting agreement would also help Mr. Preston transition himself with insurance and other issues. Vice Mayor Watkins commented Mr. Preston has been an asset to the Village and has been along-time employee. She was glad to keep him as a consultant because he has a wealth of knowledge. She stated she wanted him to know she appreciated all the work he has done for the Village. • Mayor Humpage commented Mr. Preston might be able to help in the search for someone new, because this person will head up the department. 28 Minutes -Village Council Regular Meeting 12/08/05 Page 29 • Mayor Humpage mentioned during budget sessions the department was going to change dramatically, and felt Mr. Preston would be the most effective person to help with that transition. Council Member Genco asked if the intention was to give him a bonus for two months of pay. Village Manager Couzzo indicated the agreement would be spend out over the balance of the fiscal year to September 30, 2006, with a rate of pay at $2578.60 per month. He noted there was no bonus. Council Member Genco pointed out she did not understand the wording, because it said an additional two months of pay through February 28, 2006. Village Manager Couzzo noted in the agreement Staff took the amount and spread it over the remaining months to the end of the fiscal year. He noted that would be $2578.60 per month plus the health insurance. Council Member Genco suggested striking the language in the letter for the additional two months, because the consulting agreement pays him that whether it is spread out monthly or paid up front. Village Manager Couzzo agreed. Council Member Genco asked whether the Village could give him a retirement gift, something special, like a handcarved pocketknife, or something like that. Consensus of Council agreed to give Mr. Preston something really nice. Mayor Humpage suggested the Village Manager come up with some suggestions. Village Manager Couzzo indicated he • would give some suggestions and let Council pick out what they think. A Village resident asked when would Mr. Preston be resigning. Village Manager Couzzo stated January 4, 2006. The resident asked why it was called resigning rather than retirement. Mayor Humpage stated because he was resigning to retire. MOTION: Vice Mayor Watkins moved to approve the Consulting Agreement between the Village of Tequesta and Mr. Gary Preston to September 30, 2006; seconded by Council Member Paterno; motion passed 4-0. XI. ANY OTHER MATTERS Mayor Humpage mentioned he and the Vice Mayor were planning on attending the burial at Arlington National Cemetery for Council Member Resnik on January 12, 2006. He asked Council to consider letting him place something at the gravesite during the service on behalf of the Village. Council Member Genco suggested the Mayor check on whether that was allowed. Mayor Humpage explained he did check, so he thought it would be nice, not a lot of money, but it would be something. Council Member Genco asked what Council would be allowed to do. Mayor Humpage stated after the ceremony was over, they could put a flower or live plant. He suggested Council could get something like a small potted • evergreen tree with a little plaque in it from the Village. He indicated he would make arrangements to get it there, and have it there when the service ended. Consensus of Council agreed. 29 Minutes -Village Council Regular Meeting 12/08/05 Page 30 • Mayor Humpage wished everyone a great Christmas and a Happy New Year. He stated it has been a really great year being in the Village and God Bless everyone. XII. ADJOURNMENT MOTION: Vice Mayor Watkins moved to adjourn the meeting; seconded by Council Member Genco; motion passed 4-0. Therefore the meeting was adjourned at 9:30 P.M. Gwen Carlisle Village Clerk • 30