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HomeMy WebLinkAboutMinutes_Regular_11/17/2005MINUTES VILLAGE OF TEQUESTA REGULAR VILLAGE COUNCIL MEETING THURSDAY, NOVEMBER 17, 2005 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: Village Manager Michael R. Couzzo, Jr., Village Attorney Scott Hawkins, Village Clerk Gwen Carlisle, and Department Heads. II. INVOCATION AND PLEDGE OF ALLEGL~NCE Mayor Humpage mentioned the Village of Tequesta lost Council Member Ed Resnik this past week. He felt Council Member Resnik always held the best interest of the Village in all his decisions. He mentioned a number of years ago when he encouraged Council Member Resnik to run for Council and he did, the Village took another step forward. He commented throughout the Colonel's life he choose to help and serve his fellow men, 30 years with the Marines it let to even more charitable acts and service to the Village. He noted during his • memorial service it was obvious to all he was a man of character and kindness. He felt Council Member Resnik would be missed by many, but never forgotten. He asked that everyone stand for a moment of silence. Council Member Genco gave the invocation and dedicated it to Council Member Resnik. She mentioned Council Member Resnik constant comment was Simper fildelis, which is a way of life, and a way of heart, and it means that you are dedicated to making a difference by sentice to your fellow man, and bonded by this purpose to your Marine colleagues. ', It means doing things faithfully to the best of your ability because you care about the mission, because you believe it will serve a greater good. She mentioned it is a chosen path of service, not without difficulty or sacrifice, dedicated to actions not just words. She stated we can be grateful to those that have dedicated themselves to this motto, and the service for the good of Country, and service to our small Village. She commented she would like everyone to take that thought and whenever we think about being somebody's caretaker or guardian remembering his legacy. Council Member Genco led the Pledge of Allegiance to the flag. III. PRESENTATIONS AND PROCLAMATIONS 1. Presentation regarding Jupiter Inlet Natural Area, - Ms. Faye Winters, . Federal Bureau of Land Management MINUTES -Village Council Regulaz Meeting 11/17/05 Page 2 Ms. Winters thanked Council for having her this evening, and mentioned she had distributed a handout that summarized the information she provided in their packets. She indicated she was out of the regional office in Jackson, Ms that covers eleven southeastern states. She mentioned the Federal Bureau of Land Management (FBLM) got the Jupiter Inlet Natural Area tract (86 acres) back from the Coast Guard in 1996. She reviewed the rendering of the land tract, detailing the natural area and the history of the property. She commented when the FBLM first came to Jupiter and Tequesta they were looking for afull-time partner that could help them with their mission. She indicated Palm Beach County has been a real active partner in their mission. She introduced Mr. Frank Griffiths, with Palm Beach County Department of Environmental Resources and indicated everything that FBLM has done at the Jupiter Inlet Natural Area has been done as a cost shaze project with PBC and other entities, such as the South Florida Water Management District (SFWMD), the Village of Tequesta and the Town of Jupiter. Ms. Winters noted the FBLM did a plan in 1997 that is about implemented at this point. She commented it was time to update the plan, and for the first time, try and get some public use facilities there. She mentioned the first goals for the FBLM when they got the tract were to restore habitat for 18 special status species. She pointed out at this point they are ready to open the area up for public use, so they proposed a plan to bring in the public use facilities. She reviewed the proposed plan, and noted the series of trails that were planned, and one new • pazking azea, located inside the Coast Guard communications site. She mentioned they have put a 10 caz pazking azea, and a hazdened trail that would come through the scrub down to the wetlands, and have a platform for people to view the wetland. She indicated there would also be an interpretive trail around the perimeter, and on the south side in Jupiter there would be another hardened trail. She noted another thing they aze trying to do was remove the heavy fuels (trees) that were damaged during the hurricane. She mentioned they lost about 95% of the sand pine in the natural azea. Attorney Hawkins arrived at 7:17 P. M. Ms. Winters mentioned the plan was to continue with the prescribed burns, and to eradiate the exotic plant species, and use the area as a outdoor classroom for the Jupiter High School environmental research and field studies academy, and Loxahatchee River Historical Society. Mayor Humpage commented this area could always use the open green space area, and felt this was a great thing. He remembered fishing for Snook down by the Coast Guazd area years ago, and appreciated them getting this open to the general public. Council Member Paterno noted he would like to partner with FBLM to help move this process along so that the citizens and the residents of Tequesta could enjoy this property. He felt this azea has been under utilized, and • is an asset that has been overlooked, or maybe the public thought they could not use it. He noted it is good that the public is allowed to go on the property. He 2 MINUTES -Village Council Regulaz Meeting 11/17/05 Page 3 asked if there was anything that the Village could do to be a part of it. Ms. Winters mentioned this .was the kick off for the comment period, which is open to December 31, 2005. She indicated this was to introduce the draft plan, and if there were a need for additional meetings in the process they would be willing to come back. She mentioned there is a public meeting tomorrow afternoon from 3:00 P.M. to 6:00 P.M. at the Jupiter Community Center, followed by a public workshop at 7:00 P.M. Council Member Genco asked whether they were looking for information from the public on other uses for the area, such as walkways or educational. Ms. Winters commented they have put out a draft plan, but they are interested in the public's ideas, suggestions and comments. Council Member Genco asked when the official opening would be of the area. Ms. Winters commented the azea is akeady open to the public, but noted there are no public use facilities that promote the use. She mentioned once they get the pazking area open it could be more widely used. Council Member Genco asked if Ms. Winters could let Council know when the pazking area was completed, so that we could announce it in the Village newsletter. Ms. Winters stated this is just the beginning, and would like to communicate with Council and the Village Manager as the process goes along. (Public Comment) Mr. Pat Welsh, resident of Palm Beach Gardens noted there were a lot of seniors that play tennis there in the morning, and the bathroom facilities aze always locked. He asked if the bathroom facilities could be opened when the Pazk is opened. Ms. Winters indicated the Town of Jupiter is responsible for the restroom facilities. Mr. Welsh suggested moving the trail on the northern end of the parking lot into the pazk for safety reasons. Council Member Paterno asked whether the FBLM would give land to Tequesta, as they did with Jupiter, and incorporate something new within the 56 acres to show the public it is within the Village of Tequesta. Ms. Winters noted there are options and they will take suggestions. She mentioned they call it Jupiter Inlet to give it a geographical sense. Council Member Paterno suggested something like a Tequesta Preserve. Mr. Welsh asked if there were opportunities for the public to fish the areas. Mayor Humpage noted that suggestion would be something to take to the Jupiter meeting tomorrow. Mr. Ed Oliver commented the rope swing in the area where the boats nestle up against the eastern side of the 56 acre tract; he asked was there any way to allow the public to come and enjoy the area. He noted the public has been using it for decades, and he did not want anyone to lose sight that it is on the inlet and there aze fishing opportunities there. He agreed on the north end there is not much parking, and looked like a traffic concern. He indicated the Town of Jupiter has dedicated and focused their attention on a Riverwalk on the south side of the Inlet; he suggested there might be an opportunity for a counterpoint on the northern side of the inlet to somehow be compatible with the Riverwalk component. 3 MINUTES -Village Council Regulaz Meeting 11/17/05 Page 4 • Mayor Humpage suggested the Clerk provide Ms. Winters with a transcription of the minutes so those comments could be brought forward. 2. Proclamation declaring the Month of November, 2005 as National Hospice/Palliative Caze Month" in the Village of Tequesta. Mayor Humpage commented Hospice was also involved with Council Member Resnik, and they did a great job for him and his family. He mentioned the Village is very pleased to have this proclamation. Mayor Humpage declazed the Month of November 2005 as National Hospice/Palliative Caze Month in the Village of Tequesta. IV. APPROVAL OF AGENDA MOTION: Vice Mayor Watkins moved to approve the agenda as amended; seconded by Council Member Genco. Council Member Genco removed Item 10, Resolution 19-05/06, regarding the appropriation of EOC upgrades, and asked that the Jupiter Elementary School Preservation be added under Any Other Matters. Council Member Paterno asked if the agenda could be reordered to take Item 20, Resolution 28-05/06 regazding the SFWMD grant for the well be moved forwazd. Mayor Humpage suggested Item 20 follow Item 5 under Unfinished Business. Vice Mayor Watkins indicated she would also like to make comments under Any Other Matters on the Jupiter Elementary School Preservation issue. Motion passed4-D, including the addition under Any Other Matters, and reordering Item 20 immediately after Item S. V. UNFINISHED BUSINESS 3. a) Discussion and consideration of Awarding a Contract to Arlington Electric, of Stuart, Florida, in regazd to repairs of the lighting system in Tequesta Pazk. Mr. Robert Gazlo, Assistant Village Manager commented this was a proposal to have Arlington Electrical repair the lights in Tequesta Pazk. He mentioned this is damage that goes back three hurricanes to Hurricane Frances. He indicated FEMA has $95,000.00 in funds available to the Village to do the work. He mentioned the proposal is to have the ballfield lights repaired (which the FEMA funding would cover) and the tennis courts and the security enclosure azound the control panel. He indicated the cost overrun that would need to be appropriated, which the Village could go back to FEMA and possibly get the $18,190.00. Mayor Humpage noted the second greatest outcry was to restore the tennis courts. He • commented the JTAA is also anxious to get started. He felt the way to do this was to let them do the work, instead of having them in and out many times to do 4 MINUTES -Village Council Regulaz Meeting 11/17/05 Page 5 • the work. He commented he would be in favor of pursuing this and making a supplemental request to FEMA for reimbursement of reserves funds. Vice Mayor Watkins agreed, and noted everyone was asking when the pazk was going to be back in use. She felt the Village definitely needed to do the repairs. Council Member Genco asked if the Village had already budgeted the $95,611.00, and this was to appropriate the additional $18,190.00. Assistant Village Manager Garlo agreed, and noted the $95,000.00 was in an account with the Department of Community Affairs and just waiting for the Village to request the funds. Council Member Genco mentioned Council had already had a discussion regazding this item, and already had allocated those funds upon receipt for this purpose. She indicated the only thing that does not have revenues budgeted for was the additional $18,190.00. Assistant Manager Gazlo indicated he would submit a request to FEMA for the additional funds. Village Manager Couzzo noted the money should be appropriated first, and then adjust the fund once the money was received. Council Member Genco indicated then Staff could offset it when the Village receives the money. b) RESOLUTION 29-05/06 - A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING THE 2005/2006 GENERAL FUND #001 BUDGET $95,611 BY APPROPRIATING ADDITIONAL FUND BALANCE AND INCREASING REVENUES AND EXPENDITURES TO PAY FOR THE REPAIR OF DAMAGES TO TEQUESTA PARK LIGHTING SYSTEMS ASSOCIATED WITH HURRICANE FRANCES AS FOLLOWS: REVENUES: Reimburse FEMA Account # 001-000-369.104 $ 91,058 Reimburse Florida DCA Account # 001-000-369.106 4,553 $ 95,611 Appropriated Fund Balance 18 190 113 801 EXPENDITURES: R&M - Tequesta Park Account #001 -230-546.323 113 801 Attorney Hawkins read for the record the title of Resolution 29-05/06. MOTION: Vice Mayor Watkins moved to approve Resolution 29-05/06; seconded by Council Member Genco; motion passed 4-0. 4. RESOLUTION 22-05/06 - A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, TO WANE PERMITS FOR MINOR REPAIRS FOR HURRICANE DAMAGE DUE TO HURRICANE WILMA FOR ALL RESIDENTIAL AND COMMERCIAL PROPERTIES WITHIN THE VILLAGE OF TEQUESTA; THIS SHALL ALSO INCLUDE THE WANING OF PERMITS AND ASSOCIATED FEES BY THE FIRE MINUTES -Village Council Regulaz Meeting 11/17/05 Page 6 RESCUE DEPARTMENT FOR MINOR COMMERCIAL BUILDING REPAIRS FOR HURRICANE DAMAGE DUE TO HURRICANE WILMA; AND TO EXEMPT CONTRACTORS THAT HAVE AN OCCUPATIONAL LICENSE WITH THE VILLAGE OF TEQUESTA TO ALLOW THEM TO PERFORM THESE MINOR REPAIRS FOR THE PERIOD COMMENCING ON OCTOBER 31, 2005 TO JANUARY 1, 2006. Attorney Hawkins read for the record the title of Resolution 22-05/06. MOTION: Yice Mayor Watkins moved to approve Resolution 22-05/06; seconded by Council Member Paterno. Mayor Humpage indicated he did not like the resolution language. He felt the Village was waiving the fees, not the permits. He mentioned when he brought it up at the last meeting, his intent was to waive the fees, but still have the permits, so inspections could be made. Ms. Catherine Harding, Director of Community Development mentioned the key was that they were minor repairs, and that the permits were being waived along with the fees. She indicated under the building code those minor repairs, such as replacing a fence and minor roof repairs, do not require a permit for the work. She mentioned the person must notify the Village of the work, and Staff is making a list of all the people, and the type of work, and the name of the owner. She indicated at this time there has been 20 people that have taken advantage of the no permit required. She pointed out the Village will be doing spot checks on them. Village Manager Couzzo indicated although the permit and fees aze being waived they still must be in compliance with the Village codes. Ms. Hazding agreed, and mentioned in the Florida Building Code it states all work must be in compliance with local and state codes. Council Member Paterno commented everyone must realize a fence must go back in the same spot or they may be redoing it when the Community Development Department does their check. Ms. Hazding noted they would track the work. Council Member Genco introduced Ms. Catherine Hazding, the new Community Development Director from Islamorada, Fl. Motion passed 4-0. 5. Discussion to extend the waiver for construction work to be performed on Sunday until November 30, 2005 to accommodate repairs from Hurricane Wilma,. previously waived at the October 31, 2005 Special Council Meeting. Ms. Catherine Hazding, Director of Community Development noted this was discussed at the October 31, 2005 Meeting, and explained it was to be placed on this agenda to see if the Village wanted to continue to waive those permits, especially to waive the work on Sunday. 6 MIlVUTES -Village Council Regular Meeting 11/17/05 Page 7 • Mayor Humpage pointed out he had not seen a lot of work being done on Sunday. He mentioned under the code the Village does allow emergency repairs on Sunday. Vice Mayor Watkins stressed she did not think anyone was taking advantage of the situation. She felt it was a very short window and that a lot of the work could be accomplished, she commented it was the right thing to do for the Village. Village Manager Couzzo pointed out it would only involve two Sunday's. Council Member Genco explained this would also include Thanksgiving day. Council Member Paterno asked whether Council wanted to consider not having work done on Thanksgiving Day. Consensus of Council agreed to extend the waiver for construction work on Sunday's through November 30, 2005 with the exception to not allow work on Thanksgiving Day. Due to Mr. Ori running date, Item 20 wall be taken up after Communications from Council. VI. STANDING REPORTS VILLAGE ATTORNEY - Attorney Hawkins apologized for being late to the meeting. - Siegel Case - He indicated he had provided a written report regarding the • activity in October. He mentioned subsequent to the report being written; he received a ruling this week that the Village of Tequesta obtained a Summary Judgment in the sole remaining Siegel Case, and that means a motion for rehearing for an appeal. He stated the odds are the Village will get a judgment entered, and the case would be over, and that would be the conclusion. He indicated the defendant has a period of time remaining to file a motion for rehearing, and that could take up an appeal. He stated it was a significant ruling. VILLAGE MANAGER New Village Hall - He mentioned the new Village Hall was under construction, and that he and Fire Chief Weinand had inspected the site the other day and the footers were being formed up. He felt they were making process. VII. CONSENT AGENDA All items listed under Consent Agenda are considered routine and will be enacted by one motion. There will be no separate discussion of these items unless a Village Council Member so requests, in which event the item will be removed from the Consent Agenda and considered in its normal sequence on the Agenda. Council Member Genco removed Item 10. 7 MINUTES -Village Council Regular Meeting 11/17/05 Page 8 . 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: 6. Village Council Regular Meeting Minutes October 11, 2005. 7. Village Council Budget Workshop Meeting Minutes August 9, 2005. 8. RESOLUTION 27-05/06 - A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FALM BEACH COUNTY, FLORIDA AWARDING A BLANKET PURCHASE ORDER TO NATIONAL WATERWORKS, OF RIVIERA BEACH, FLORIDA, IN THE AMOUNT OF $15,000.00 FOR THE PURCHASE OF MATERIAL FOR WATER SYSTEM MAINTENANCE, WITH FUNDING COMING FROM BUDGETED ACCOUNT #401-243- 546.342 HAVING A BALANCE OF $35,000.00, WITH PRICING BEING PIGGY BACKED ON THE JACKSONVILLE ENERGY ALLIANCE BID (JEA) ON FILE IN THE VILLAGE CLERK'S OFFICE, AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE ON BEHALF OF THE VILLAGE. • 9. Council consideration to declare as surplus various items, including vehicles for the Village of Tequesta, and to allow for an auction of the items. 11. RESOLUTION 23-05/06 - A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING OF THE PURCHASE AND INSTALLATION OF AUDIOVISUAL EQUIPMENT, FOR THE EMERGENCY OPERATIONS CENTER OF PUBLIC SAFETY FACILITY AT 357 TEQUESTA DRIVE, IN THE AMOUNT OF $21,619.14 FROM AUDIO VISUAL SOLUTIONS, OF HOLLYWOOD, FLORIDA, TO BE PAID OUT OF ACCOUNT #001-192.664.600, HAVING A FY 2005/2006 BUDGET ALLOCATION OF $24,400.00 FOR THIS PROJECT, AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE APPLICABLE DOCUMENTS ON BEHALF OF THE VILLAGE. 11.1 RESOLUTION 30-05/06 - A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROPRIATING ADDITIONAL FUND BALANCE OF: $61,606.87 FROM THE GENERAL FUND #001; $159,225.00 FROM CAPITAL IlVIPROVEMENT FUND #301; $394,030.28 FROM CAPITAL PROJECTS FUND #303; $542,906.76 FROM WATER UTILITY FUND #401 AND $50,244.84 FROM 8 MINUTES -Village Council Regulaz Meeting 11/17/05 Page 9 • STORMWATER UTILITY FUND #403 AND INCREASING THE BUDGETS OF ACCOUNTS DESCRIBED IN THE ATTACHED "SCHEDULE A" WHICH BECOMES A PART OF THIS RESOLUTION; TO FUND THE COMPLETION OF PURCHASE ORDERS THAT WERE APPROVED, FUNDED BUT NOT COMPLETED IN BUDGET YEAR ENDING 9/30/2005 AND EXPECT TO BE COMPLETED IN BUDGET YEAR 9!30/2006. 11.2 RESOLUTION 31-05/06 - A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROPRIATING ADDITIONAL FUND BALANCE OF $14,183.60 FROM CAPITAL PROJECTS FUND #303 AND INCREASING THE 2005/2006 CAPITAL PROJECTS FUND BUDGET, ACCOUNT #303-331-662.631 TO FUND THE CONSTRUCTION OF VILLAGE HALL. END OF CONSENT AGENDA ITEMS REMOVED FROM THE CONSENT AGENDA TO THE REGULAR AGENDA 10. RESOLUTION 19-05/06 - 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 GENERAL FUND BUDGET, FIRE CONTROL, MACHINERY AND EQUIPMENT ACCOUNT #001-192-664.600 BY $24,400.00, AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE APPLICABLE DOCUMENTS ON BEHALF OF THE VILLAGE. Council Member Genco mentioned she pulled this item, noting the Resolution increases the General Fund budget by $24,400.00, and it authorizes the Village Manager to execute the document on behalf of the Village Manager. She pointed out under Item 11, the spending of the funds, $21,619.00, and the difference $2,800.00; she asked if the Resolution should say something different. Village Manager Couzzo suggested that Item 11, should have been pulled also. Council Member Genco mentioned Item 11 was the contract and it needed approval, but Item 10 was to appropriate the funds, and did not need to have the contract executed. She suggested the language in Item 10 should be taken out of the Resolution regazding executing the documents at $24,400.00. Village Manager Couzzo explained Item 10 was an accounting issue, and Item 11 spends the money. Council Member Genco suggested deleting the remainder of the language in Item 10 regazding executing the document, because the Village Manager was already authorized to do that in Item 11. She suggested that when there is an appropriation and then spending of money, that the items be labeled a) and b). 9 MINUTES -Village Council Regular Meeting 11/17/05 Page 10 • Attorney Hawkins read for the record the title of Resolution 19-05/06. MOTION: Council Member Genco moved to approve Resolution 19-05/06, as amended; seconded by Vice Mayor Watkins; motion passed 4-0. VIII. COMMiTNICATIONS FROM CITIZENS Mr. Dick Wilson resident of Leeward Circle thanked Mayor Humpage for his dialogic message regarding the notice for pickup of vegetation before Hurricane Wilma. He noted the Solid Waste Authority (SWA) did not come out to pick up the trash, so the Village of Tequesta, including Staff and Mayor Humpage came out and personally helped rid the Village of the vegetation. He felt the community had a problem with SWA, and asked Council to review the contract. Village Manager Couzzo noted that was the beauty of the Village to be able to collect the debris before the storm, and explained it was nice to have the resources and facilities to do the work. Mr. Wilson felt if the SWA workers did their work in three hours, instead of 8 hours they could go home. He felt they were Cowboy driving the streets of Tequesta. Mayor Humpage indicated he spoke with the people at Waste Management/SWA and he felt they were coming to • an understanding. Mr. Wilson noted a house burnt down on Leeward Circle late 1997- early 1998; the fire rescue came out and there was no fire hydrant on the street. He mentioned the closest fire hydrant was across Country Club Drive two streets down. He indicated what was a small fire became a large fire and destruction of the house. He mentioned he, the Village Manager and the Assistant Village Manager have worked on it since the beginning of the year, and finally one was put in on Leeward Circle. He thanked the Village for getting that accomplished. - Mr. Buzz Woodwell, resident River Drive and a resident for 25 years mentioned concerns on the recent developments of electric golf carts in the Country Club community. He commented for over 50 years electric carts have been a way of life. He indicated there is access from the public roads to the golf course for the carts to be used. He mentioned what has happened recently is children have misbehaved and taken their parents carts and given the citizens a bad name. He explained after the hurricane he and his wife were out in the golf cart, to save on gas and get ice, and a policeman stopped them, and informed them it was illegal. He commented the policeman was not very nice, and he made them feel like criminals, so they parked the • cart. He noted then he saw a golf cart passing by a police car and they just waved, and on Halloween night there were dozens of golf carts 10 MINUTES -Village Council Regular Meeting 11/17/05 Page 11 • taking children around the area. He suggested either the message is not out, but there are ways to correct this by having them allowed by following certain guidelines. He felt the responsible citizens are being penalized for this. He noted if there was a complete shutdown the property owners coming down from up north would not be aware, and he also felt that if they were not allowed it would lower the property values, and make it a less desirable neighborhood. Mayor Humpage noted he understands Mr. Woodwell's concerns, and mentioned it is a hot button issue. He indicated there would be discussions and hopefully a workshop in the near future regazding this issue. He mentioned the Village is trying to educate people at this point, but when they get into more detail Council plans to have public meetings and have public input. Police Chief Steve Allison clarified the State Statute does prohibit the use of golf carts on roads that aze not designated for that use. He mentioned that same statute makes it very cleaz the steps that have to be taken to authorize the use. He noted a study would have to be done, and Council would then need to approve it, and post signs. He mentioned because of the complaints received by some people in the Country Club the police had no choice but to enforce the law as • written. He commented the enforcement mechanism the police department has chosen is to educate the public. He noted when they ' see a golf cart on the road they hand them a copy of the statute, and advise them their action is against the law. He mentioned they have no intent at this point to cite people, if they are underage the police will detain them and have the pazents pick them up, or the police will take them home, but the golf cart will stay where it is. - Ms. Dottie Campbell, resident of Eastwinds Circle asked Council for help for the Busch Wildlife Sanctuary. She noted since January 1, 2005 212 living animals from Tequesta have been taken in by the Busch Wildlife facility. She mentioned a request was sent to the Village in September asking for help, and has not been answered. She indicated the average cost to take care of an animal is azound $250.00 for a small animal. She pointed out if she was to add the cost together just for Tequesta the cost of care would be $53,000.00. She asked Council to consider increasing their contribution, or taking some of their discretionary monies to help. Council Member Genco indicated Council is in their new budget yeaz, and have increased their contributions. She indicated she would contribute $500 from her discretionary funds. Village Manager Couzzo noted Council each yeaz discusses their contributions to organizations, and suggested that it come back as an agenda item in December. He explained he has not seen the letter Ms. Campbell was referring to. 11 MINUTES -Village Council Regular Meeting 11/17/05 Page 12 • Consensus of Council agreed to place it on the December Meeting agenda. Ms. Campbell suggested a donation of $10,000.00 would be $47 per animal. IX. COMMUNICATIONS FROM COUNCIL VICE MAYOR WATKINS - Condolences to Council Member Resnik's family -She wanted to send her condolences and mentioned one of her highlights was getting to know Colonel Resnik, and working with him. She noted he was a great man, and devoted to his community, as well as, his country and his family. She commented he will be missed, and was a treasure to the community. - Boat Issue -She mentioned she had received several calls regarding the regulations for boats. She commented for the people that were calling, she wanted them to have some level of comfort Council had not forgotten the issue, that it would be taken up, and it would not be without public knowledge or input. COUNCIL MEMBER PATERNO - Council Member Resnik- He mentioned how deeply he felt the • void of him not knowing that he would not be there the next time, next day, next meeting. He noted he would be deeply missed by him. - Hurricane Wilma - He mentioned the Staff did a great job. in taking care of the residents; cleaning up the Village, and getting everything together, including the prep work, the Mayor's hard work to push ahead and get everything done. He felt everyone pulled together and made a bad situation disappear within two weeks. He felt everyone who works for the Village deserves a round of applause. 20. RESOLUTION 28-05/06 - A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA ACCEPTING AN ALTERNATIVE WATER SUPPLY (AWS) GRANT FROM THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT FOR THE AMOUNT OF $484,000.00 FOR RO WELL #4 AND ASSOCIATED PIPELINE, AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE APPLICABLE PROPOSAL ON BEHALF OF THE VILLAGE. Village Manager Couzzo mentioned three or four months ago the Staff • reviewed with Council the possibility of seeking the grant for Alternative Water Supply (AWS) from the South Florida Water Management District 12 MINUTES -Village Council Regular Meeting 11/17/05 Page 13 • (SFWMD). He commented the grant would enable the Village to install a 4~' Reverse Osmosis (RO) Well and piping system. He noted in the past year the Village has just completed RO Well #3, and the associated piping. He commented this year the second train would be installed at the RO facility. He stated Mr. Russell White, and Arcadis Reese Macon helped in securing the grant. He commented the Village was fortunate enough to be rated highly again, and the SFWMD has agreed to contract with the Village and award $484,000.00 in grant revenue to move ahead with this project. He noted what was before Council this evening was consideration to accept the grant, and budget for the remaining amount for engineering design, and the construction. Village Manager Couzzo introduced Mr. Rob Ori, the Village's Utility Rate Analyst. He indicated last year the Village did a 10-year forecast to project rates, based on upcoming projects. He mentioned then opportunities like this one come along that were not anticipated. Village Manager Couzzo pointed out he was be very concerned about the timeframe, because the fmal submittal was due August 1, 2006. He noted if the Village got moving right now it would be an ambitious program. He felt this was a very important issue for the Village to address at this time. Mr. Rob Ori, Public Resources Management (PRI), the Village's Utility • Rate Consultant thanked Council for moving this item up on the agenda. He mentioned the RO Well #4 which is a very expensive project could range from $1 million to $1.5 million dollars. He noted the nice thing is the grant for $484,000.00, which is a substantial amount of dollars for this project. He indicated if he could get other projects at $.67 cents on the dollar, and still not affect the Village too bad financially. He recommended the Village do the project, since it needed the project anyway. He stated the Village has the reserves to cover the project, but noted it would be tight financially, and the dollars would need to be shifted. He commented one option would be the Village issuing some short-term debt, 10-year bank loan, to fund the whole project, in case something happened and the Village had the need to fund everything. He indicated he was very happy to see that the Village has the leveraging capability in the system to pay that debt and not raise the water rates, except the normal indexing, and absorb the whole project. He stated the Village could move forward with the project from Reserves, and if needed, a fall back position, the Village could issue bonds through a local bank, at a low rate, and very low timeframe. Village Manager Couzzo noted this was the third year that the Village had been fortunate enough to be rated in the top ranking, and be given a grant from SFWMD. He explained SFWMD was pleased with the Village's • efforts to reduce its dependency on shallow wells, and go toward the deep wells. 13 MINUTES -Village Council Regular Meeting 11/17/05 Page 14 • Village Manager Couzzo pointed out the SFWMD was trying to get agencies off the Surifical wells and the Village has done that, and is becoming a leader in South Florida making the movement in a positive direction. Mr. Tom Jenson, Engineer, Arcadis Reese Macon and Associates reiterated he wanted everyone to be aware of the timeframe regarding the project. He explained the SFWNID grant process, and explained the Village was very fortunate to secure $484,000 in grant funds. Village Manager Couzzo noted one thing that might help with the timeframe is since the people are currently drilling the well for the new Village Hall, that they have negotiated with the well driller to save some time and money, and not have to go out to bid the project. Mr. Russell White, Public Services Manager stated the cost savings could be $75,000. Council Member Genco noted the document showed the cost at $780,000. Council Member Paterno asked if Council could approve the well portion of the project, and asked what the piping would cost. Mr. Jenson commented about $300,000, stating that the well will be built at the Public Works facility, and the pipeline would have to come from there, out and down Bridge Road, under Old Dixie Highway, and tie into a line at Tequesta Drive. Village Manager Couzzo explained the conflict under Old Dixie Highway would be an issue. Mr. Jenson pointed out for Well #3 they ran a • main underneath Tequesta Drive, and stubbed out for future expansion down Bridge Road. Mayor Humpage pointed out the funding would not come from the Ad Valorem taxes, that it would come from the Utility Enterprise fund. Council Member Genco commented the problem is the price of the water keeps going up, and it is not something that could be deducted on the income tax. She felt it would be better to have it as an ad valorem tax. Mayor Humpage indicated the Village could not do that because it is the Utility and a separate fund. Council Member Genco noted it is a soft tax, and it comes out of the resident's pocket, but they do not get to deduct it. She indicated if it costs the residents more, it would come out of their pockets. Council Member Paterno commented the increase over the last couple of years was only a small index 1 % or 2%, annually. He mentioned the problem he sees potentially is if the Village ends up in, 2007, when they drop buying Jupiter's water, and if a well goes bad the Village will need the water. He pointed out it is going to be tight. Council Member Genco stressed when Council discussed this item about five months ago and they told the consultants to do the application; Council was told at that time if they were to get the grant Council would be provided with information and be able to make an educated decision. She stated she did not have enough information this evening to make a decision. She • understood when the Village added the new well behind Village Hall, and the new train, that the Village would be replacing the water that they were 14 MINUTES -Village Council Regular Meeting 11/17/05 Page 15 • buying from Jupiter. She stated she also understood that it would be more than enough water to service our customer base. She mentioned that is what Council was told. Mayor Humpage agreed that was accurate. Council Member Genco noted the Village had already planned to replace the Jupiter supply. She felt if the Village gets the grant funds, and digs the Well, SFWMD may insist the Village use the well, which means the Village would have to do the piping, the train and everything else. She asked does the Village have the customers. Village Manager Couzzo stated the piping was associated with the project. Council Member Genco asked if the Village would have the customers, because the well and the train would be approximately $3 million dollars. Mr. Jenson stated what Council Member Genco said regarding RO Well 3 and breaking away from Jupiter was correct. He indicated the Village was planning on next year to put out to bid the expansion of the Plant to add the second train. Council Member Genco commented if the Village does not have the train they can not process it. Mayor Humpage noted the Village can process the water by using the existing train. He pointed out if the Village has the third well, and using the existing train to process the water, the train could shift from well to well. He mentioned the third well would offset the Jupiter water, and if one of the wells failed, the Village may have to buy water, because there was no backup well. He commented if the Village has the fourth well they could bring it on line, just by changing a valve. Mr. Jenson stated the Village has a back up well now on the Plant side, so the Village has two RO wells. He mentioned each well is supplying enough capacity to provide water for one train. Council Member Genco noted she understood it took 1.5 million gallons of water per train, but the Village has only 1.2 million gallons or 1.25 million gallons of potable water after processing it. Mr. Jenson pointed out the trains are 1.2 MGD, and the plant is sized for three trains, 1.2 MGD each, ultimate 3.6 MGD. Council Member Genco noted she understood the ultimate expansion would require- one of the trains to be outside of the building. Mr. Jenson commented years ago when they looked at building the facility, there was some concerns that if they built the building what provisions were they going to put into the building for the infrastructure that was there (all the piping network). He noted they made provisions within the piping network within the building in order to supply an additional train, knowing that they would have to expand out back of the building for an additional train to ultimately become a 4.8 MGD facility. Mr. Jenson noted an addition to the building would be needed to house the 4~' train. Council Member Genco asked whether it would be exposed. Mr. Jenson stated no it would not be exposed, it would be in a building. Council Member Genco added if the Village built the extra train, the Village would also have to add on the existing building. Mr. Jenson agreed. 15 MINUTES -Village Council Regulaz Meeting 11/17/05 Page 16 • Council Member Genco asked who would be using this additional water. Mr. Jenson stated the Village was trying to capture the grant funds now to construct the well that the Village was anticipating constructing in the future. Village Manager Couzzo explained the Village is going to have to replace the water when the Village loses the Jupiter supply in 2007. Council Member Genco felt Well #3 was supposed to supply the water. Village Manager Couzzo noted when the additional train is put on it will supply 1.2 MGD's, and the Village presently purchases 1.35 MGD from Jupiter. He indicated the Village uses the 1.3 MGD's at this time. Council Member Genco noted when the Village originally went into the agreement they were not using the full amount. Council Member Paterno asked what the maximum use was on a particular day. Mr. White indicated around 4.3 to 4.5 MGD. Council Member Paterno asked how much can the Water Plant produce currently. Mr. White stated without Jupiter 3.2 MGD. Council Member Paterno noted the new well replaces the difference. He asked what amount did the consumption go up each year. Village Manager Couzzo noted that was a hard to stay, because the Village has added a considerable new customer base, Tropic Vista, and Cove Point. Vice Mayor Watkins mentioned she understood Council Member Genco's question; does the Village have a need for the extra water. She commented the Village may not need it • today, but they will need it in the next few yeazs. Mr. Bill Reese, Principal, Arcadis Reese Macon and Associates indicated what he has heazd this evening is completely correct; he reiterated We113 neazly replaces what the Village was buying from Jupiter 1.2 MGD versus 1.35MGD. He mentioned the Plant capacity has several elements to it, a filter plant that has a rated capacity of 2.7 MGD. He commented as a practical matter it is not a new plant, and to represent that it would do 2.7 MGD, it really can not get 2.7 MGD effectively. He explained one train is 1.2MGD, which brings the capacity to 3.9 MGD, the second train would take the Village higher, but the Village would be taking off Jupiter, so the net effect, saying the plant can do 2.2 or 2.3 MGD, that puts the Village at 4.8 MGD. He noted the Village has seen a maximum day in 2004 at 3.9 MGD and then add the 1.3 MGD on top of that. He stated it is fair to say that the second train will cover the present needs of the Village, but was not fair to say it would cover more than. the Village's needs. He commented if the Village has any growth, at some point the third train would need to be added. Mr. Jenson pointed out the Village was currently working on the Consumption Use Permit and the 10 year use projections. Mr. Reese felt the Village would use the well, because it would rotate into the sequence. Mayor Humpage stated the Village could have to do it all, the well and the train. Mr. Reese stated the water quality that comes from . the filter plant is not the same as it is from the membrane plant. 16 MINUTES -Village Council Regular Meeting 11/17/05 Page 17 • Mr. Reese felt the Village would need the extra train to blend the products if new regulations come into effect down the road. Vice Mayor Watkins asked if they had any level of comfort this project was doable in the timeframe. Mr. Reese indicated it was doable, but cautioned Council there is always an element of uncertainly and risk when drilling a well. Village Manager Couzzo explained he read through the agreement and there may be some leverage in negotiating an extension under some circumstances. Mr. Reese agreed there is a provision in the agreement to an extension under some circumstances, but noted they are very serious about the deadline. Council Member Genco noted because the Village would actually have more raw water at our disposal that we can process without another train; she asked is there a requirement from SFWMD that the Village would be able to process the water, or simply that we drill to water that we have available. Mr. Reese indicated he had not seen that in the agreement, and he was not aware of any SFWMD criteria. He mentioned the District was going to encourage everyone to do that, because that was the whole point of the alternative water supply was to put wells in the ground that allow anyone to withdraw from the deeper aquifer and take the strain off the surifical. Council Member Genco asked if Council utilized the Reserves that we • now have in the water utility does it mean that the Village would not be able to refund the bonds earlier. Mr. Ori agreed the bonds could not be refunded. Council Member Genco indicated the Village could keep the debt the same way it is. Mr. Ori indicated he did not recommend that the bonds be refunded. Council Member Genco felt the Council may be leaning towards refunding the bonds if the Village continued to build up the Reserves. She noted it did not make sense to build up the reserves and not do something with the money. Mr. Ori stated that is correct, and what the Village has been doing with the reserves what he can see is putting it back into the system through cash funding capital projects, and building the equity up. He commented that is a positive thing. Council Member Genco pointed out she is not in favor of incurring debt. She mentioned everything that the Village has done up until now, including keeping the ad valorem as high as it is has been to not incur debt and not increase taxes, and she would not be in favor of taking money to spend money the Village does not have. Mr. Ori stated he felt the Village does have the money to spend on this project. Council Member Genco noted the philosophy of Council was to not to incur debt, and to eventually lower the Village's ad valorem tax. Council Member Paterno noted this was from the water utility side, and not directly affected by the ad valorem tax. He commented if this would better the water for the residents; since the Village would need to do the well in the next 3-5 years; and the price will go up and to have no debt; he 17 MINUTES -Village Council Regular Meeting 11/17/05 Page 18 • would be in favor of doing the project. Council Member Paterno stated water was like gold, and the Village was one of the only communities that had water the whole time (good quality water) after the hurricanes. He stressed it is an opportunity for the Village to step up to the plate and move Tequesta one step further ahead. He supported drilling the well immediately by January, and for Mr. Reese to start the engineering of the pipeline within 45 days. Mr. Reese explained there was a permitting exercise to go through that he can not control, he agreed the design could be done in the 45 days. Council Member Paterno questioned how long for the permitting. Mr. Jenson noted the County would be permitting under the roadway and they were typically 45 to 60 days. Mr. Reese noted at least a couple of months for permitting. Village Manager Couzzo commented simultaneously the Village would try and get the contract for the well construction, and try to piggyback on another government contract for the piping. Council Member Genco asked where was the money going to come from. Village Manager Couzzo noted the money would have to come from Reserves. Council Member Genco asked what would be left in reserves, and if it would be enough to meet the bond requirements that are in place now. Mr. Ori stated yes, the Village would be able to meet all the coverage requirements. Council Member Paterno pointed out this project is going to be going on for a year, and how much money does the Village accumulate on the revenue side. Mr. Ori stated if the excess as he recalls was in the range of $300,000 - $400,000. Council Member Paterno explained in a year the Village would have another $300,000 to $400,000 built up to pay for this project. Village Manager Couzzo indicated this project would need to be done in this fiscal year, unless other arrangements are made, and hopefully reimbursed by September. He asked does the Council want to do it now, and use the grant funds, or do they want to wait 3 to 4 years at an increased cost. He stated it would be paid for by Reserves, but anything could happen. Council Member Genco asked if the Village has $1,000,000. in reserves to spend. Mr. Ori stated yes. Village Manager noted there are variables in a project like this, such as not be able to secure the well driller at the anticipated cost, etc. Vice Mayor Watkins commented aworst-case scenario would be if the Village does not make the timeframe and they do not get the grant funds. She mentioned this would also force the Village to take care of this project down the road. Council Member Paterno called the question. Mayor Humpage commented the Village was looking to have to do this 4 or 5 years down • the road anyway. 18 MINUTES -Village Council Regular Meeting 11/17/05 Page 19 Council Member Genco stated the Village has $1 million in reserves and would be receiving $484,000 in grant funds .that is almost $1'/2 million. She felt this should not cost the Village much more than that. She noted the Village could afford that, but asked for no debt. Vice Mayor Watkins stated it is a good thing the Village has been building the reserve fund. Council Member Paterno agreed no debt. Village Manager Couzzo pointed out by accepting this grant money, the Village is technically committed to going through with the project, and committed to things technically not yet on the agenda, which are the engineering design fees, and the construction costs. Council Member Genco asked if the Village could do the project for $1% million dollars or less. Village Manager Couzzo stated yes, it should come in around $1 million - $1.25 million. Vice Mayor Watkins stated in the timeframe; Mr. Couzzo responded in the affirmative. Council Member Genco asked if Council was going to be provided with a study or update in the future on the projected needs and service area. Village Manager Couzzo stated that would be part of the Consumptive Use Permit. Council Member Genco indicated she would like to see that information sometime in the near future. Mr. Reese cautioned Council that during the Consumptive Use permit process, there could be a possibility that SFWMD could say they gave us a grant for this well, now you have • put in the train. He stated they could give less water on the Surifical and make us move to the deeper wells. Council Member Genco stated it could double the cost of doing the Well to $3 million dollars. She noted then the Village would be in debt. Mr. Reese felt they would give the Village time to do that, but the possibility is still out there. Village Manager Couzzo noted during the Consumptive Use permitting process this could be factored into the permit, and it will save the Village some money. Council Member Paterno asked with the extra water could the Village pipe in the other direction toward Jupiter. Village Manager Couzzo mentioned the Village is going to develop an emergency interconnect with Jupiter, so in the event the Village has a failure, or Jupiter has a failure, they could go both directions. Mr. Reese indicated it is physically possible, with engineering and money, but they would probably not want to buy water from Tequesta. Attorney Hawkins read for the record the title of Resolution 28-05/06. MOTION: Vice Mayor Watkins moved to approve Resolution 28-05/06; seconded by Council Member Paterno; motion passed 4-0. Village Manager Couzzo noted he wanted to extend the Village's thanks • to the SFWMD for the grant money. 19 MINUTES -Village Council Regulaz Meeting 11/17/05 Page 20 Council Member Paterno thanked Mr. Russell White, Public Services Manager for securing the grant money of $484,000 and doing a great job. X. DEVELOPMENT MATTERS 12. 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. Mayor Humpage suggested taking Items 12a and 12b together as quasi- judicial items. Attorney Hawkins swore in 6 people. Ms. Catherine Hazding, Director of Community Development noted the applicant Allied Capital and Development was applying and appearing before Council to request a review and is seeking approval for a Planned Commercial Development (PCD) within the C-2 Commercial District. She indicated a PCD is a special exception use within the C-2 Commercial District, as stated in Section 78-251 of the Village code of ordinances. She • mentioned a Special Exception use is allowed under Section 78-177d(3). She indicated the Special Exception was approved by the Planning and Zoning Advisory Boazd by a 4-0 vote at their July 7, 2005 Meeting. Mr. Terry Lewis, Attorney, Lewis Longman and Walker, and representing the applicant introduced his team, Ms. Sherie Pavlick, Mr. Ed Oliver, and Mr. George Gentile. Mr. Lewis clarified Council has before them two items. He mentioned the Village code obligates the applicant to come forwazd to ask for a special exception, with a conceptual plan. He felt it made sense to describe the conceptual plan, and then go through the criteria in the code, Section 78-362 and 78-363. Mr. Lewis noted the only comments he has aze preliminary to Mr. Gentile's presentation. He mentioned Royal Tequesta has been working with the Village continually since July 2004. He explained the amended application that is before Council this evening has been deemed complete by Staff since June 2005. In addition, he mentioned the current request before Council is fora 5 story, mixed use development with a 70 foot elevation, and 79 condominium units and commercial space. Mr. Lewis reiterated the Planning and Zoning Boazd reviewed the request in July 2005, and made a unanimous recommendation for approval. He explained after further discussions with Staff the project has been modified and now • reflects the 5 stories. He pointed out this was a 6 story structure when it came before the P&Z Board otherwise the project is unchanged. He 20 MINUTES -Village Council Regulaz Meeting 11/17/05 Page 21 • mentioned procedurally all the mailings and published notices that were required for the quasi judicial public hearing had been complied with. He indicated the application the applicant filed with the Village does address each of the seven criteria is Section 78-362, and the 12 criteria in Section 78-363. Mr. George Gentile, Project Planner, President, Gentile Holloway and O'Mahoney Associates and representing the applicant mentioned he would like to extend his condolences on the loss of Council Member Resnik. He noted Council Member Resnik had talked to him and his son before his son went into the military. He stated his son is now in his third tour in Irag. He indicated Council Member Resnik was a big inspiration for his son. Mr. Gentile mentioned he would go though the conceptual site plan, but noted the actual site plan would have to come back before Council for review and comments, should Council approve the Special Exception use. He commented the applicant had provided this conceptual plan to the P&Z Boazd, and as stated in their minutes, they thought the plan looked good. He explained the properly is about 6.03 acres, currently in the C-2 District, which allows the PCD for the commercial development. He noted the plan is for 7,500 square feet of commercial on the bottom floor, with 2 levels of parking underneath the building with approximately 194 parking spaces. He stressed the applicant has provided two amenity azeas for the residents to use. He reviewed the conceptual plan, noting the project entry is off U.S. Highway One, because it is bound on all sides with developed properties. He mentioned the Casa Del Sol project is to the north, which is three story residential townhomes, and commercial property. He commented the Atlantis project has a loop access road azound the entire building, which provides access for emergency vehicles all the way azound the perimeter of the project site. He mentioned the applicant was providing a large scrub jay habitant preserve area in the southwest portion of the property, and substantial buffers on both sides and a large green azea in the front between the parking azea and U.S. One. He noted they are also incorporating a lot of water into the project, a water feature at the entry ways and water features at the access points for the residents, so that there will be a continuation of that theme throughout the entire project. Mr. Gentile reviewed the lot coverage of 20.6%, .which is well below the allowable lot coverage for the C-2 District; the open space that is allowable is 20%, and this project is at 55%, mainly because they aze preserving a lot of the azea for habitant, as well as providing a substantial amount of green and buffer azeas around the entire site, and along U.S. One. 21 MINiJTES -Village Council Regulaz Meeting 11/17/05 Page 22 Mr. Gentile noted they have also provided additional parking for guests and 30 spaces for the commercial site, and although only 158 parking spaces were required, they are providing 194 spaces. He mentioned the applicant has worked very hazd to come into compliance .with the regulations of the C-2 District. He indicated the applicant has taken this building from its initial phase in 2004 to a request that now meets the C-2 height regulations. He commented they are at approximately 54 feet to the flat portion of the roof from the grade of this project; and aze at the 70 feet height at the mean point of the architectural roof elements, which meet the height requirements in the C-2 District. He noted the applicant has worked very diligently reducing the density, reducing the height and increasing all the requirements that the Village already has in the code to make what they think is a fantastic project for the Village of Tequesta, as well as understanding the Village wanted them to meet the code in the land development regulations and to come together and make it all work. Mr. Gentile mentioned he was going to move on the PCD request unless there were questions on the conceptual presentation. Council Member Genco asked if they had an elevation at U.S. One. Mr. Gentile commented it was the northeastern exposure, and that the building is on an angle facing the northeast. Council Member Genco asked for an eastern elevation if someone was standing looking at the building on U.S. • One. Mr. Gentile indicated the applicant did not have that color elevation completed at this time. Mayor Humpage pointed out they did have an east elevation in the packet. Mr. Gentile agreed, noting it was not in color. He also noted all four elevations were included in the package. He commented being a conceptual review he knew they would be coming back to Council. He pointed out the elevations were provided in 11 x 17 and the bigger size plans. Council Member Genco clarified she was looking for the architectural elevations. Vice Mayor Watkins asked if the grade was the existing grade. Mr. Gentile commented the properly grade is at U.S. One then goes upward to the back of the property. Vice Mayor Watkins noted her point being, they were not adding to the existing grade to make room for the project. Mr. Gentile stated they were using the existing grade knowing that was a concern, so they were going below grade with the parking so it will be under the building, totally covered on the north, south and west sides. He mentioned they were leaving the grade where it is, and that there are approximately 30 parking spaces that are on grade and visible for the commercial space, but the rest of would be hidden. He commented the resident parking would be screened which is a requirement in the PCD regulations. • 22 MINUTES -Village Council Regular Meeting 11/17/05 Page 23 Council Member Genco asked the percentage of commercial versus residential use for the building. Mr. Gentile explained they have 7,500 square feet of commercial and if you look at it based on the lot coverage azea, which is the footprint of the building because they are units, it would. be approximately 14%. Council Member Genco clarified 14% of the footprint. Council Member Paterno indicated he saw a number of 275,000. He asked what the applicant was counting as the 7,500 square feet for commercial space. Mr. Gentile pointed out it is in the front azea of the building. Mr. Ed Oliver, Project Architect, Oliver Glidden Spina and Partners and representing Royal Tequesta pointed out on the plan, on one corner they have two levels that are available for commercial use; one is at the main lobby level of about 3,900 square feet, and below that is another identical level. He mentioned the way it is set up on the plan is that they have the ability to have the resident's traffic monitored at one point, but still have the 30 spaces out front with direct public access to the commercial space. Council Member Paterno clarified that the commercial levels were 3,900 square feet, and another 3,900 square feet was below the grade. Mr. Oliver responded in the affirmative, noting there was a change in grade going from a very low elevation at the street to a very high elevation at the back • corner of the property. He stated the lower elevation was accessible from the pazking spaces and the sidewalk. Council Member Genco commented half of it is below natural ground, and half of it is above natural ground. Mr. Oliver pointed out someone would enter at mid level, and go down a bit, or up a bit. Council Member Genco asked if it was like asplit- level. Mr. Oliver agreed. Council Member Genco asked if the project was 1'/2 stories above natural ground. Mr. Oliver stated someone would enter at mid level in between two levels. He stated they were not altering the grade, but it was not 1 '/z stories. He noted this was a conceptual plan, and that this site would still have to come in for final plans and design. Council Member Paterno questioned the total squaze feet of the entire building. Mr. Oliver stated about 157,000 squaze feet of air conditioned space, not counting the slab azeas of the balconies, and does not include the underground parking, which was typically not a requirement for floor azea ratios calculations. He noted about 157,000 square feet, which included all five levels of each of the two towers, along with the lobby space that connects in between the two towers. Council Member Genco asked if any of the residential would be at or below ground. Mr. Oliver noted all residential azeas were above grade, and the only area that was partly submerged was the commercial area. Council Member Genco asked what type of commercial use the • applicant was proposing. 23 MINUTES -Village Council Regular Meeting 11/17/05 Page 24 Mr. Gentile stated at this time they do not have it leased, but indicated they have had interest from a health club, a fitness center, and some retail. He noted it would depend on what they get at the time of the project. Council Member Genco asked if they allowed for enough pazking spaces for whatever use that might go in. Mr. Gentile felt they had ample pazking for the commercial use. Council Member Genco asked if they have a unity of title for both pieces. Mr. Lewis stated as faz as he knew, yes. He indicated he was not their real estate lawyer, but so far as he knew, yes they do. Council Member Genco noted the last time she looked they did not have it. Mr. Lewis stated he would confirm that for Council Member Genco. Council Member Genco indicated that would be the next thing they have to do for the next review. She asked what they felt would be the benefit to the Village by having these residential units. She asked how many residential units were proposed. Mr. Gentile stated there are 79 residential units. He commented the allowable residential density was 86 based on the code. He felt the residential component was a benefit to the Village for a number of reasons. He stated as a Planner the residential components adjacent to the property make it compatible with the residential use of that area; there is other commercial space, within the corridor of U.S. One, that these • residents will provide another user for those commercial azeas, rather than bringing in more competition; and it would bring in more users within walking distance of the commercial azeas. Mr. Oliver stated this vacant piece of property was not generating any tax revenue or water usage. He commented it was an opportunity to develop this piece of property and that it is a good location relative to their neighbors to the south, and Casa Del Sol project to the north. Mr. Gentile felt the design compliments that area of the Village very nicely, and the mazket response for the sale of residential property in a Village like Tequesta is very strong. He noted the Village has an excellent reputation in terms of a place to live in a community, and that they think it will be a benefit to the people that live in Tequesta. Council Member Genco asked what the applicant purposes for the interior ceiling heights for floors 2, 3 and 4. Mr. Oliver stated the ceiling heights will be 9 feet, the bottom floor will be higher to accommodate the lobby and the recreation rooms and the top floor will also be higher. Council Member Paterno asked what the residential square footage would be on the total residential space. Mr. Gentile indicated it was 4% or 5%. Vice Mayor Watkins asked if the commercial component was going to be open to the public. Mr. Gentile stated it would be open to the public. He noted when the site plan comes back that could be something that is conditioned under the Special Exception use. Council Member Paterno asked if the overall height was going to be within the code at 70 foot. Mr. Gentile stated that was correct. 24 MINUTES -Village Council Regular Meeting 11/17/05 Page 25 • Council Member Paterno asked about the underground residential storage units, and if that would be considered a basement. Mr. Oliver indicated that it would not be considered a basement. Council Member Paterno felt it was a basement and that it could reduce the height by 15 feet. Mr. Oliver explained the project has two parking levels; the upper parking level has a 15-foot height because after speaking with Fire Chief Weinand they felt it would be advantageous to have the room to bring in emergency response vehicles, not fire trucks, into that level. He commented the pazking garage is a garage as opposed to a basement, when you are talking about habitable space the gazage has people in it, but they aze not living there. He stated a storage unit for a resident living in the building, much like a mechanical equipment room, is considered a use that is incidental and necessary to the functioning of the building, but it is not a habitable space. He felt they are not gaining extra height because they are putting their storage units in the basement; it is simply to accommodate the residents. Council Member Paterno noted that his interpretation is that it is a basement. Mr. Oliver pointed out it is sort of like a gazage in Florida where you store things. He commented up north we have basements down here we have gazages. He stated if push came to shove and they had to eliminate the storage units, they would. He commented that certainly would not serve the needs of their residents nor does it practically affect the height of the building. . Mr. Oliver noted the actual roof height from the grade that surrounds the property is 54 feet to the top of the roof. He indicated the azchitectural elements are not habitable and aze not enclosed, and represent less than 25% of the total surface azeas of both building rooftops. He commented they aze measuring 70 feet to the mid point of the architectural elements, as opposed to a flat roof without any architectural features, where they could increase the overall height of the building where it comes up to the 70 feet, an extra 16 feet. He indicated that was not their desire to do that, but it is their desire to add the architectural features because they felt it adds to the Bermuda flavor of the azchitecture. He felt it was very compatible with what they aze trying to do for the development concept. He noted as Mr. Lewis commented the applicant has gone from 6 stories to 5 stories in order to maintain compliance with the Village codes. Council Member Genco commented some condominiums have restaurants and fitness centers as closed memberships. She asked if this commercial space would be open to the public. Mr. Oliver stated it would be open to the public. He clarified the requirements of the special exception requires that the applicant demonstrate that they maintain that as public access. He noted the commercial space is totally open to the public, and the pazking is freely accessible from U.S. One. He noted the residents may be able to also enjoy the space, but the resident's only spaces would have to be accessed internally. 25 MINUTES -Village Council Regular Meeting 11/17/05 Page 26 • Council Member Paterno asked everyone was going to be changed the same rates if they were outside members versus inside members, and if everyone would be treated the same. Mr. Gentile stated he did not know, but that would be something that they can look at in the site plan review process. Mr. Oliver noted they do not have a tenant at this time, but it appeazs a fitness center would be one of the compatible uses. Mr. Lewis noted the site would be open to public on a first come first serve basis. He noted he could not say what someone will do with a mazketing plan once they lease the space. He felt it would not be the intent for someone to rent the space and try to lock up all the memberships. Council Member Paterno clazified he was talking if they changed inside people $1,000, and outside person changed $5,000. Mr. Lewis stated he supposed someone could do that, but there was no law against it. Council Member Genco felt it would not be considered a public commercial azea if they did that. Council Member Genco asked if the entire area including the commercial area would be under a Condominium Association. Mr. Lewis answered he truly did not know. He felt it would be a contorted kind of thing if they took the commercial out. Council Member Genco indicated she did not see any reason why they could not have a commercial properly own a piece of a condo. Mr. Lewis stated he felt they can, that there was no legal baz of • that. Council Member Genco noted the only ongoing issue for the Village would be the commercial area. Mr. Lewis agreed. Council Member Genco commented under Planned Commercial Development (PCD) which is Article 8, Section 78-255 subsection 2, the permitted building height is 4 stories, or 50 feet. She felt that was a conflict with a 5-story building. Mr. Lewis stated the former Community Development Director explained that the 50 feet is an error, that it is actually the 70-foot height. Council Member Genco stated 78-353, if there is a conflict it would be whatever was stated in this section that prevailed. She noted that is a problem because according to the code, the Council does not have discretion to give more than a 4-story building. Council Member Genco stated unfortunately the Community Development department added that and it is not in the book. Mr. Lewis stated the Community Development Director is no longer with the Village that wrote that piece. Council Member Genco stated what the new Community Development Director did was print from the Municipal Code, and because she changed it to what she thought it should be, and not what the codebook has. She pointed out the codebook says one thing, and they are looking for something that it does not say. Mr. Gentile explained the C-2 District is the underlying district for this property. He stated if you go to the section, it allows for a height of 70 feet, 5 stories. He felt that is the underlying district criteria. 26 MINUTES -Village Council Regular Meeting 11/17!05 Page 27 • Council Member Genco noted under the C-2 District it references the provisions of Article 8, and so the chart does not really apply. Mr. Gentile indicated the chart is what the applicant is suppose to look at, because that is ~ the site development regulations for the C-2 District. He noted that specifically indicates the code. Council Member Genco reiterated the code says if there is a conflict with other regulations; where conflicts exist between the special planned commercial development regulations in this Article, and General Zoning and Subdivision and other applicable ordinance provisions the special regulations in Article 8, shall apply. She felt this was something Council needed to consider in looking at the entire project. She noted this is where Council was a couple of weeks ago when they were trying to decide whether or not to call a moratorium on everything, or if Council was going try and proceed with the conceptual review on this project. She stated Council has a choice of proceeding with 4 stories or changing it to 5 stories. Council Member Paterno stated he also agreed with Council Member Genco. He felt the PCD regulations supersede the C-2, if they were going for a PCD. Mr. Lewis agreed if someone was to read the code they could get there, but noted if you read the permitted building height definition in PCD, it says that the allowable building heights for the buildings in the PCD should be the same as provided before in C-2 zoning. • Council Member Paterno commented unless there is a conflict. Mr. Lewis pointed out it does not say conflict, it just says it shall be the same as provided in C-2 zoning, and than it goes on to say, however, at the discretion of the Village Council, building heights may be increased to a maximum of 4 stories or 50 feet. He stated that makes no sense. Council Member Paterno agreed, and stated there is a conflict. Mr. Lewis stated there is a conflict, but the first time he encountered the code and asked Mr. Newell about it, he pulled the adopted ordinance and it read differently, that it is a scrivener's error that has never been corrected. Council Member Genco questioned which ordinance that was, and if it preceded this code. Mr. Lewis indicated the language got transcribed incorrectly, and as it reads it makes absolutely no sense. Council Member Genco felt 4 stories and 50 feet were consistent. Mr. Lewis questioned if the code allows 70 feet, Council has the discretion to increase the height to 50 feet, 4 stories that does not make sense. Council Member Genco indicated the codebook was adopted, and replaced anything that was resolved by ordinance before that. She agreed there is no doubt there is an inconsistency in the codebook, but the codebook is what prevails. Mr. Gentile noted the ordinance that Council adopted and signed was codified into the codebook. Council Member Genco commented Council approved the re-codification of the code. Mr. Gentile • noted Council did not readopt the ordinance. 27 MINUTES -Village Council Regulaz Meeting 11/17/05 Page 28 Council Member Genco pointed out they do not have to, because everything is null and void before that. She explained anything that is adopted is replaced by the code when Council adopted the recodification ordinance. Mr. Gentile stated when someone does a resolution and there is an error and the text is different elsewhere, you go back to the adoption ordinance that the Council adopted. Mr. Gentile stated an ordinance was adopted that Council had the discretion to go 6 stories, 86 feet. He felt the recodification does not rewrite the code, that it was a scrivener's error in the text. Council Member Genco indicated if the code was recodified after the ordinance was made, this code is the one that would prevail. She commented this code was adopted along with the Florida Building and Zoning code. Mayor Humpage commented Mr. Gentile feels that there was an error made of how it was written. He noted Council signed Ordinance 390 in September 1989, and it has the heights of 5 stories, 70 feet. Council Member Genco indicated it references a lot of things in the same ordinance that aze no longer the same numbers. Mr. Lewis noted unless there is specific repeal of an ordinance or amendment to that ordinance, the ordinance should stand. Council Member Genco indicated the Village no longer has an Article 16. Mr. Lewis stated the Village does have an ordinance that specifically speaks to the height of the stories, and that it has not been repealed or amended since 1989. Attorney Hawkins indicated the way it is framed, he understands Council Member Genco's point, but the Village has an internal inconsistency that does not make sense, but the Village also has a variance with the schedule. He noted they also have the mandatory use of the word "shall" and when he would azgue statutory construction the word "shall" means that it "shall" govern. He commented when the code says that it shall be the same limitations as C-2 that is a mandatory statement by the framer that it shall be. He stated there is an inconsistency, as Council Member Genco pointed out, but the schedule says 70 feet, and there is mandatory language used to refer back to C-2, which is the underlying zoning. He stated there is language about the conflict, he understands that, but he interprets statutes everyday and the presence of that term "shall" is important. He noted he is mindful of Ordinance 390, which talks about 70 feet, but he is not specifically aware of where that was repealed. He indicated he has not seen a document to indicate that. Council Member Genco stressed that she was under the assumption that Council adopted the code that is in the current black book, and that Council repealed all the prior ordinances that were adopted. She noted it would only make sense to her, that when the Village is trying to look at the ordinance and reference the sections it is talking about that they do not exist anymore. She commented if you are • going to Section 7, it does not match with the Section 7 in the black book anymore, and does not match with subsection a. 28 MINUTES -Village Council Regular Meeting 11/17/05 Page 29 • She indicated none of it matches so it is obvious that ordinance was repealed when this was adopted. Mr. Lewis stated he disagreed with that. Council Member Genco commented when you do an addendum, you red line and black line and add in, you do not reference the code with having the same numbering and the same Articles. Mr. Lewis stated it is also a fairly standazd rule, statutory construction, that you do not repeal a statute by implication. He commented there is no repeal of that ordinance. He explained the applicant has spent six months abiding by that, and taking the direction on just that point. Mayor Humpage noted when he goes back and reviews the communications he has gotten from Planning and Zoning Boazd, and Community Development Staff it is all the same, 5 story/70 feet. He felt Council should look at the way the Village has directed these people. He stated the Village has been directing these people for a year on 5 stories/70 feet and now the coin is being flipped on them. Council Member Genco felt that it was very important to bring up. She noted the building height was at 70 feet, but the top of their parapet was at 84 feet. Mr. Gentile agreed that goes higher, he noted the height is measured to the mid point of a sloped roof structure. Mayor Humpage agreed the pazapet on the reaz elevation roofline exceeds the 70 feet. Mr. Gentile indicated the code • excludes those in the calculations of the building height. Council Member Paterno noted at the same time Council has the discretion to do any height they choose. He asked if that was correct. Mr. Gentile agreed, and indicated he was just trying to explain what the code says. Mr. Lewis stated if the applicant complies with the code, they aze entitled to a 70-foot height. He commented how Council intends to interpret that feature of the building is in the eye of the beholder. Mayor Humpage noted he was surprised the largest section of the building on both sides is for the elevator. Mr. Oliver stated the life safety code requires that in a building this high, that stairs go to the roof. He stated in every jurisdiction that he has ever practiced in for quite sometime, things such as elevator penthouses, which the override for the elevator stair towers above the roof for those purposes, things such as parapets are unilaterally not included typically in building height. He noted one thing is these architectural elements are not solid, they are open; but if they were solid you would go half way up the slope for the mid point. Mayor Humpage commented the elevations from U.S. One run from 16 '/2 to 17 feet to the center of the road, and then it goes from 17 feet to 30 feet in some azeas. He asked if that was the natural slope of the land. Mr. Oliver clarified the elevation is at 15.4 at the driveway, and the northeast . comer of the property is 14.5 at the edge of the pavement. He noted the existing topography goes from the low point up to 30 some feet at the southwest corner of the property. 29 MINUTES -Village Council Regulaz Meeting 11/17/05 Page 30 Mr. Oliver mentioned the first floor lobby level was at elevation 26.0 feet. He stated from the code the way the building height is measured is from the average grade surrounding the building. He stated they believe they more than satisfy that. He indicated he would hope that Council would see the benefit of this project moving forward under a special exception approval, so that they can come back in for the formal site plan approval with the details. Mayor Humpage commented one of the things under the special exception is that they should be compatible with surrounding area. He stated if this project has the topography it has that he did not feel there were in the same ballpazk. He noted this project is going to be 30 feet higher than Casa Del Sol, and as high as the St. Jude Cross. Mr. Oliver stated they would be quite a bit further away from the road. He noted when he was the architect and analyzing the Casa Del Sol site, they studied a taller building, but they had a Mobile gas station in front of the project, and the development team decided not to do that. He stated they decided from a mazket standpoint on that location to build a 3-story townhouse, with the commercial to the front of the residential. Mr. Oliver commented on this particulaz project the amounts of open space that they aze able to provide both landscaped as well as open space, is enhanced by the ability to take advantage of the Village's portion of the code that allows them to go with Council approval up to that 5~' floor not to exceed 70 feet. He noted less than 25% of the roof plan area of the building is represented by these tower elements. He felt that was a real plus. He stated if the Council came back and said just do not do it when they come in for the site plan they would not, but they think it is a better project, and it does not get them anything if it is eliminated. He felt it helped add something to the architectural character of the building. He stated these are comments that they want to heaz. Council Member Paterno read from the code the purpose and intent of the PCD. He asked how the Village was going to have a unique commercial oriented focus on this project. Mr. Gentile commented it is unique that it is a mixed use, with a commercial component and residential units. He noted that Section also indicates and establishes a living environment in the PCD as well. He felt the applicant has accomplished that to make the project successful and unique by having a commercial component that is integrated in with the residential units. He felt they were meeting the intent of the PCD ordinance. He mentioned he spent a week of his time when the Village was going through the Chazette meetings. He stated he knows what the intent was to provide the ability to have a mix of uses, not only just on one site, but mixed throughout the entire area of that zoning district. He felt bringing the residential component into the area was a benefit to the other commercial entities that already exist. 30 MINUTES -Village Council Regular Meeting 11/17/05 Page 31 He noted they brought a commercial entity into this to provide a mixed use, which is unique itself, because it is actually integrated into the building. He indicated the Village does not have it anywhere else on that corridor. He felt they meet the intent and the past history of Tequesta. He suggested they have missed on a lot of areas in the Study azea, from Tequesta Drive, north to County Line Road by not integrating mixed-uses, putting commercial inside or with residents above it. Council Member Paterno commented this PCD is within the C-2 Community, and the purpose of the C-2 is "this District will serve the community at lazge and provide a mixture of convenient goods and services that offer a greater variety of use then permitted at a neighborhood level." He asked how the applicant was providing services in this commercial azea, and building. Mr. Gentile indicated he did not know what would be going into the commercial space, and there may be some uses in there that would bring services to those residents and to the surrounding residents in the azea. Council Member Paterno pointed out the applicant was proposing less than 4% of the property for commercial that will be serving the public at large. He felt the intent of the PCD was to establish a unique opportunity that also serves the public, the whole Village. He stated that is the intent of the commercial district, which is a . subset. Mr. Gentile commented the C-2 District also permits a PCD, which is the way residential comes into that mix. He stated that is the only way a developer can put residential in a C-2 District. Council Member Paterno stated that is correct, but felt the percentages could be switched azound to make it 96% commercial and 4% residential. Mr. Gentile agreed that could be done by a developer, if he felt that was the market for that azea. He noted by putting in more commercial the Village would have more impact with traffic, more impacts to the existing commercial areas along U.S. One. He stated the Village already has a lot of shopping centers that have a tremendous amount of vacant space. Council Member Paterno asked Mr. Gentile his opinion on the intent of the commercial district. Mr. Gentile stated the intent of the commercial district is to provide commercial services to that azea. He felt the Village in the past set that district up to allow for a mix, because they knew it had to be flexible enough for the Village to handle whatever market comes along for that area. He noted that was basically the whole mindset of the study azea. He commented the Village went in and actually got concessions on traffic, and other issues with the Department of Community Affairs (DCA) based on that flexibility. Council Member Paterno commented on Mr. Oliver's eazlier comments on • the Casa Del Sol project and that they built a 3 story building behind the commercial, and that they thought that was in the best interest of the Village at that time. 31 MINiJTES -Village Council Regular Meeting 11/17/05 Page 32 • Mr. Oliver stated from a planning and azchitectural standpoint the reasons that the Village has a Planned Commercial District (PCD) or Planned Residential District (PRD) is to be able to vote different azchitecture and planning solutions to the properties. He indicated this pazticulaz piece of property has very narrow frontage. He felt if the pieces that have the commercial properties closest to the road, are the more successful ones. He stated if the commercial goes deep, the person in the very back corner generally has a tough time. He noted this is very much true in any city. He stated in the analysis of Casa Del Sol, a different project, a different time, and different client, the developer had analyzed that project and felt the most appropriate response to his site was a 3-story townhouse project. He stated this developer after a great length of time, and a lot of analysis feels that this project can be most successful, by inserting the residential component. He stated it would not be possible to put all this commercial and have way back away from U.S. One. He stated the applicant is asking for a special exception, so that they can come back to Council in detail to do the site plan very soon. He noted they do not think that it is inappropriately placed. Mr. Oliver stated if Council does not want the towers they would take them off. He stated they are requesting Council's approval to move forwazd. He indicated the property has been vacant for quite some time doing no one any good from an ownership standpoint or a tax standpoint. Vice Mayor Watkins stated she knows the applicant has been working on this project for a very long time, and she has tried her best to go through the code, and the backup materials that were provided. She stated she has lived in the Village for 28 years, and understands how it is really a great place to live. She commented the residents here are very proud of it, and they have chosen to live here. Vice Mayor Watkins felt Tequesta would never support major commercial, and that the Village does not have the population that can support it. She stated a week does not go by that someone asks that a Target, or whatever come to the Village. She felt no big store like that is viable here from the impact on them financially, so she suggested it was important that the Village have enough businesses and professional offices here to support the residents and their immediate needs. She reiterated she personally liked the residential component here. She stated she'would never want to see a 12-story project here, or so many units. She stated she did want to see a commercial component that is going to be open to the public, so she supports that. She felt Council needed to look at the Village as a whole, and this was going to be at the north end, and not central to downtown, and also next to another residential project; she felt this would be good for the Village and the people who live there are going to frequent the shops around them, and that she personally • supported it. 32 NIINIJTES -Village Council Regulaz Meeting 11/1'7/05 Page 33 • Council Member Paterno passed around some pictures he took from the Village Manager's office of the elevations from his office. He mentioned he noticed the church steeple and how high it is, so that everyone, including the Council will realize how faz this project will stick up in the horizon. He reviewed the pictures, and indicated he had concerns far the residents that would be moving into Casa Del Sol, that this building would be over them approximately 30 feet. He felt in the wintertime they would never see the sun. He suggested Council needed to look at the general compatibility with the adjacent properties, and other properties in the District. He commented there aze no other residential properties such as this on their site, not even close. He noted it was approximately 60% higher then the residential next door, that was at 50 feet. Council Member Genco commented she understood that the Casa Del Sol property next door was pretty much sold out. She asked what were those people told when they bought the units would be their neighbor. She asked if they were told there would be a 5 story building next door, or were they even asked. Ex Parte Communications: Council Member Genco indicated she did not have any disclosures. Council Member Paterno indicated he had not spoken with anyone. Vice Mayor Watkins commented she had not spoken with any of the current representatives, but had conversations with the original group of representatives Mr. Burkhart, Mr. Mastroanni, Mr. Ed Oliver, and a fourth gentleman that she could not remember his name. She stated the conversations were regazding a proposed drawing of the concept of the Atlantis project at that time. She stated she was Mayor at the time and encouraged them to work with the Community Development Department and the process. Attorney Hawkins indicated that would have been back in Fall 2004 if she spoke with Mr. Burkhart, and that it was a text amendment application. Mayor Humpage indicated he visited the site and spoke to Mr. Lewis one time on the telephone regarding his take on the project, and he told Mr. Lewis if they stick with the code he would not have a problem. Mr. Lewis stated in response to Council Member Paterno's question, for the record, what Council has before them is a completed Staff report that was prepazed by the Staff of the Village; it methodically goes through all the criteria that applies to a PCD development. He stated the only question that was raised in that report was as to the definition of a garage versus a basement. He noted the issue of compatibility with the neighborhood, the issue of traffic, and the issue of the compatibility of the uses proposed with what surrounds them, was questioned m the positive by the Village 33 MINUTES -Village Council Regular Meeting 11/17/05 Page 34 • Staff. He mentioned that is a part of the evidence of this proceeding. Council Member Paterno stated all they represented was the height of the building, and the height of the back area, and that Staff took no position. Mr. Lewis stated he believed if Council goes through Mr. Newell's report, he goes point by point through every one of the criteria. Council Member Genco asked if that was the application that was withdrawn. Mr. Lewis stated it was not, it was amended and the height of the building was reduced from 6 stories to 5 stories. He indicated this was the application that was .before Planning and Zoning Advisory Board in July 2005. Council Member Genco asked if the application was for the Special Exception. Mr. Lewis responded it was. Council Member Genco pointed out she did not know why it went to the Board; that it should not have gone to the Planning and Zoning Board. She felt this should have been the first step in the process. She asked what were the people told that bought at Casa Del Sol. Mr. Gentile stated he could not say what they were told, but some of the property owners were present that bought there. Mr. Gentile stated this ,evening the applicant was present for the PCD review. He noted they will come back with the site plan, and that they were only present for the conceptual. Attorney Hawkins mentioned this is the first time that Council has been together to talk about the project. Mr. Gentile reviewed the criteria the applicant was to meet for the PCD under Section 78-362, and Section 78-363, which is required for approval. He distributed to the Clerk additional information for the record, which included his presentation this evening in regards to the criteria. Mr. Gentile indicated there are 7 items under Section 78-362, and the Village Staff after review and prior to Planning and Zoning Board action, all agreed that they met all the intent of those 7 items, such as the proposed use, and compatibility. Council Member Genco noted the Council is the one that has to give comments not another Board. Mr. Gentile stated he needed to give his planning professional opinion as to how the applicant meets those, and then Council needs to review those that the Staff and the applicant prepared over a number of months, so that they made sure they are compatible with all those issues. He noted the applicant exceeds the parking requirements of the project, and that they comply with the C-2 District regulations, with the height, and other items that allow this use to take place. Mr. Gentile reviewed the criteria under Section 78-363, and noted the applicant is in compliance with the comprehensive plan relating to the project; the ingress and egress in the proposed project will not provide a hindrance to traffic flow, and fire safety. He mentioned they specifically put a complete perimeter circulation road for fire rescue to get to every point on this building. He noted there are not many other condominiums in • the north end that have a complete circulation road around the site. 34 MINUTES -Village Council Regular Meeting 11/17/05 Page 35 • He noted the refuse was done internally; they screened and buffered the area, and have ample landscaping, and over 80% of the parking is totally screened from the public. He stated the signs will met the criteria, but since they are not on the plan, he stated they would meet those requirements. He stated they meet or exceed all the yard requirements, and are in general compatibility. (Public Comments) The Village Attorney swore in 2 additional people. Mr. Russell von Frank, resident of Dover Road and former Council Member, and a current member of the Planning and Zoning Advisory Boazd mentioned he has spoken with a lot of people about this project, and everyone said if it has to be, make sure to keep it within the code, no changes or adjustments. He indicated one exception the people down at Waterway, especially one gentleman who owns, and does a lot of buying and selling of condo's to make a profit. He noted this gentleman asked Mr. Von Frank to keep his eyes open because they were looking to buy more properties. He mentioned he presented to Council a while back pictures, and now he brought lazger scale drawings to show Council regarding how • commercialized it is now, and what it would look like with the Atlantis building, and what could happen in the future. He commented another developer approached this gentleman and they would like to buy Waterway; at a purchase cost of a '/z million a unit. Mr. Von Frank stated the gentleman had also been talking with the people about where Publix is leaving, and that is in the works. He stated he wanted Council to know of the potential development in the works. Mr. Neal Jagoda, and Ms. Nicole Jagoda, residents of Jupiter Inlet Way, Tequesta and the brokers involved with the Casa Del Sol project. Ms. Jagoda indicated they have been telling and keeping the residents abreast of the proposed Atlantis project, and that the 12 stories did not get approved, and that something could be approved up to 5 stories per the code. She indicated the residents did not seem to have an issue with that, and that they seemed positive that they would have another residential community neaz them. Mr. Jagoda thanked Mr. Oliver for the great job he did at Casa Del Sol. He felt the residential next door would be a plus, and understood Council Member Paterno's concerns, but that it would be positive thing for the azea. Council Member Paterno asked if there was a determination regarding the storage area. Mayor Humpage stated if this project goes forwazd then it • would have to be reviewed under the site plan approval. He stated Council was looking at whether to grant the special exception this evening. 35 MINUTES -Village Council Regulaz Meeting 11/17/05 Page 36 Attorney Hawkins stated if Council has a comment about the storage issue in terms of the interpretation of the code; he suggested they put it on the table. He noted Council is addressing the concept that outlines fundamentally what the developer intends. He commented it will come back for final site plan approval, but he is concerned about the fact that Council is looking at a conceptual which is the premise for the request for special exception. He stated they aze relying upon that concept. Council Member Paterno asked if the special exception was passed Council could be locked into that concept. Mr. Gentile stated the applicant would take the storage out of the building at this point that it is not a critical part to the project; he stated it was a benefit to the residents. He felt that would be something that would be discussed at the site plan approval, but they would be glad to eliminate the storage from that area. Mr. Lewis stated to leave a record, he would stimulate, having knowledge that concept is in the design, if Council chose at site plan review to take it out, to say that is not compliant with code, he would not azgue that condition. He stated Council could condition the site plan approval on that, and he does not think he would have any grounds to object. Mr. Oliver stated what he would like to do is leave the storage, since they are at a conceptual level, but if it turns out that Council tells them to take it out, or that they can not have them that he would not want to give that up right now because that is something that is important to the residents because it is like a garage and their area to store things. He apologized to Mr. Gentile for giving him the wrong direction on the storage units. Mr. Lewis noted the Village has a definition in the code of accessory uses. He stated it is typical that storage is an accessory use within a gazage. He felt the definition was not absolute about that, but there is flexibility to interpret it that way. He stated he agreed with Mr. Oliver, but he would not raise a legal baz at the hearing on the site plan, and tell them that it was his opinion that Council could not take out the storage, at that time. Attorney Hawkins commented if Council approves this request, at site plan approval council could still have serious questions about this plan. He stated Council is wondering what the applicant's position is going to be if they aze asking for some material changes. He commented the code is frankly unclear. He mentioned he was sympathetic to Council's questions. Mr. Lewis commented in the abstract he could not give Mr. Hawkins 100% comfort on this, but if there is a public, health, safety or welfaze reason for Council demanding a condition of change at the site plan, if there is a comp plan or land development regulation that they feel just is not met, with the site plan they have the authority to direct that that be removed or modified in some way from the site plan. He stressed that is the black letter law, and he would not argue about it, since that is not the kind of lawyer he is. 36 MINUTES -Village Council Regulaz Meeting 11/17/05 Page 37 • Mr. Lewis indicated he could not tell them actually what he would say until he heazs what the Council may want to do. Mr. Lewis commented he told Council Member Paterno mentioned the issue of how they would treat the storage in the garage. He noted that was a relatively easy one, that if the site plan were conditioned on them taking it out, they would accept the condition, and take it out. He stated that is as cleaz and definite as he can be. Mayor Humpage asked if he voted no, would he have to give a reason. Mr. Lewis responded in the affirmative. Mayor Humpage stated if he was going to vote no, he was going to use the criteria under Section 78-363, Item 10 General Compatibility with the adjacent properties, and other properties in the area. He stated when he looked at the applicants elevations, the mean section/middle of the roof and being an electrician, the residents would see a spire that is 14 feet above the center of the roof, and knowing they do not read all the little stipulations, they see the building with the elevation change in the land. He stated the elevations here are a concern him. He indicated he would not want a flat top building, but 14 feet to the top of the spire is still 14 feet to the top of the spire, and if they are not going to count elevator rooms or shafts, that lays out to the letter of the law. He stated the residents do not have the letter of the law, and are common sense people and just want a nice building that does not • stick up. He commented he takes exception to these elevations. He stated he does not want a flat roof, and does not want this building coming out of the ground in Tequesta like a volcano. Mr. Oliver commented he felt it would then be incumbent upon them, when they come back for this, should they obtain approval for this tonight to come back to this Council with sufficient graphics and thought given to their comments. He commented what they have before them is only one component of the presentation to Council to show them what the project looks like. He stated he heazs the comments and understands them. Attorney Hawkins asked if the applicant was taking into account the Mayor's comment with regazd to revising their plan to address his concerns. Mr. Oliver responded in the affirmative. Mayor Humpage commented he would like to see this pazcel developed, that it is attractive work they have done, but he has some issues, and Council Member Paterno has some issues with the storage. He commented he has a problem with the height. Mr. Oliver stated the benefit of having the opportunity to bring before Council the conceptual approval to hear for the first time in a group session, what those concerns aze. He felt it was incumbent upon him as part of the design team, to come back to Council with sufficient information to where they understand and react to their concerns, and • show more of what the project is going to look like. Council Member Paterno stated he also had the same concern about height, in reference to the surrounding properties. 37 MINUTES -Village Council Regulaz Meeting 11/17/05 Page 38 • Mayor Humpage stated there is no action needed on Item 12a, the conceptual review. He stated the Council is now at Item 12b, the quasi- judicial hearing for the Special Exception. Council Member Genco questioned whether Council has made their comments, under (f). Attorney Hawkins noted Council has not made their comments. Council Member Genco indicated she did not have an issue with the pazapets, but believes the code allows an exception for them. She stated she does have an issue with the fact that she is not sure a S story building conforms with the criteria that is spelled out, as mentioned eazlier, because it is her belief that the Village superceded that regulation 78-255, with what is currently in the code, and that all the other codes and ordinances were repealed on the Village Council adopting this. She felt she has to follow the code whether she likes the development, or whether she does not like the development. She mentioned she felt the development is well thought out, and that a residentiaUcommercial combination would suit that site very well. She stated she did not think it would meet Item 7 under 78- 362 criteria. She asked the Village Clerk to take a look through the minutes, because she believes that Council repealed them at some point • and time, when Mr. Newell was here, and when the Council adopted it. She stressed if she could get clarification on that she might change her mind. She stated right now she is going to follow what the code states. Council Member Paterno indicated he would agree with Council Member Genco on her items, and it .could potentially be a good thing for the Village. He suggested there should be some changes, that it does not meet Item 10 or Item 11. He commented at the same time he is not sure it meets the purpose of C-2 azea. He noted it is suppose to be a unique place, and at the same time it reminds him of a hotel with domes, and his conceptual ideas aze a little bit different for the Village. He stated he is going to do what is in the best interest of everyone, the Village, and the future of Tequesta. Vice Mayor Watkins felt it was unfortunate that it is not clear as faz as height, but that it is in the site schedule requirements is it 5 stories/70 feet, She noted that would need to be reseazched. She commented she is very appreciative of the fact that the applicant did make considerable effort to bring this in to what they believe is the code. She felt that a lot of work had been done on the part of the applicant, and concessions were made, and they have the commercial component. She felt it would be an asset to the Village. Mayor Humpage stated Council may have another option. He felt Council Member Genco brings up a valid point and it seems to be a . major concern. He commented a lot of work has done into this project, and there are only four Council Members on Council, so the applicant will need a 3-1 vote. 38 MINUTES -Village Council Regulaz Meeting 11/17/05 Page 39 Mayor Humpage stated however, another option to consider is to defer until Council could have clarification on a couple of questions. He noted if the applicant goes for a vote, and the vote goes negative, they have to wait a year. Mr. Lewis indicated that is why he was standing back up to say that he would rather than having the necessity to go through the appellate process; he felt the applicant could not tolerate another year of this. Mr. Lewis pointed out in his mind it is faz more preferable to defer this and at least get clarification of the code. He commented he was certainly willing to do that until the next Village Council Meeting to try and make sense of this code. Mayor. Humpage asked if it was his understanding that if Council defers this, that the applicant understands basically if they move on to site plan review; where Council is at and the issues they have based on the project itself. He felt the Village needed to get to the bottom of what Council Member Genco brings forwazd, and get clarification. Village Manager Couzzo indicated Staff and Legal Counsel would investigate and clarify. Mayor Humpage commented speaking of appellate, the Village may end up spending more money. Mr. Lewis stated he has no desire to do that since they have spent the last six months. Mayor Humpage suggested these issues need to be ironed out regarding the code, and come back on the agenda in December. • Mr. Lewis commented the only addition that he would add to that would be to suggest at an eazly point, that if Council Member Genco is correct, and it rules that way that he hoped Council would consider an amendment to the code, to correct what is there so they could move forward. Council Member Genco agreed that is an option to consider, and that is one of the reasons the Village was considering a moratorium. Mayor Humpage clarified the Zoning-in-Process. Council Member Genco agreed, and she apologized that she had not read every paragraph in the code sections until the item was to come before Council for a vote. She commented she was surprised that the Attorney's did not put that on the table and research it, and clarify it. Mr. Lewis noted he could take blame for some of that, but that he did read it all, and he was completely awaze of what was there, and that he was sorry he was not persuasive enough to convince Council. He stated he is exactly satisfied that he is right with his interpretation of the law. Council Member Genco stated she did not feel 100% either. Mr. Lewis commented he was certainly willing to defer this item for a month, to try and straighten this out. Mayor Humpage asked if it would be the applicants desire to defer this for a month. Attorney Hawkins stated Council needed to make a motion, and have a second. He suggested there be a motion to defer, for the applicant to take into account all the issues that have been raised this evening, and for the Staff to review the issue Council Member Genco had raised regarding the code, and that they defer to a time certain. 39 MINUTES -Village Council Regulaz Meeting 11/17/05 • Page 40 Council Member Genco asked whether Council wanted to defer to the next Meeting. Village Manager Couzzo clarified to the December Meeting. MOTION: Vice Mayor Watkins moved to defer this item to the December 8, 2005 Regular Council Meeting with the applicant taking into account all the issues that have been raised this evening, and for Staff to review the issue Council Member Genco had raised regarding the code; seconded by Council Member Genco; motion passed 4-0. Village Manager Couzzo asked that the Regulaz Village Council Meeting be moved since the Village Attorney may be out of town. Attorney Hawkins stated he would be in Jacksonville on December 15d'. Village Clerk Carlisle indicated the next Regulaz Council Meeting would be December 8~'. Attorney Hawkins noted he would be able to attend the meeting on December 8~`. The meeting was recessed at 10: SS pm and reconvened at 11: 00 pm. 13. Quasi judicial Public Hearing for Special Exceptions. "Members Only" Club, located at 1 Main Street Building 3rd Floor. • Village Attorney Hawkins swore in 2 people. Ex-Parte Communications -None Ms. Catherine Hazding, Director of Community Development mentioned JMZ Properties have made an application for a Members Only Private Club, located on the 3rd floor of 1 Main Street building. She indicated the 1 Main Street building is located within the Mixed Use Zoning District, and the proposed private club is a Special Exception Use within the Village's Mixed Use District. She commented the Planning and Zoning Advisory Boazd recommended approval 5-0 of the Special Exception use at it's October 6, 2005 meeting. Mr. Craig O'Callahan representing the applicant mentioned the space was approximately 2,000 square feet, and unoccupied at this time. He indicated they were seeking a special exception approval to have a classy lounge, for members only. Council Member Genco asked if the applicant was planning on applying for a liquor permit and if there would be live music there. Mr. O'Callahan responded they would be applying for a liquor license, but would probably not have live music. Council Member Genco asked whether there would be no cazds or gambling or adult entertain. Mr. O'Callahan stated there would not be any of those. Village Manager Couzzo indicated those questions were asked at the Planning and Zoning Boazd meeting, that Mr. Horniman at his request asked those questions regarding Adult entertainment, gambling, and other types of parties. He stated that is part of the official record. 40 MINiJTES -Village Council Regulaz Meeting 11/17/05 Page 41 Council Member Genco felt the biggest issue was the parking for that area. She noted it was terrible at this point. Mr. O' Callahan stated there was ample pazking there now, and at night the Bank of America will be closed. He stated it is a shazed pazking lot. Mayor Humpage asked if they had a shazed pazking agreement. Mr. O' Callahan responded in the affirmative. Council Member Genco asked if the club would be open during the day. Mr. O'Callahan indicated the club would be open during the day, and felt the parking would be ample. He stated the building was designed to handle the pazking. Council Member Genco pointed out the building was designed for an apartment, not for a club, which means more people. She asked if that information was submitted. Mayor Humpage indicated it was in the P&Z Boazd remarks. Council Member Genco commented the applicant has to do a parking calculation of the occupancy versus the use. Mr. O'Callahan felt they had submitted with their packet of materials. Council Member Genco noted the only thing that Council received was the Planning and Zoning Boazd Minutes, and there were a lot of things stated but there were no affirmations one way or the other in the minutes. Mr. O'Callahan indicated the architect that designed this proposed space was the same architect that designed the entire building, and the actual development there. He indicated he would have to get that • information. He felt the parking would handle the amount of people that were going to be in the Members Club. Vice Mayor Watkins pointed out the pazking data under Tab 13. Mayor Humpage indicated the site data was included in the backup materials. Council Member Genco stated this information was from the original application, and does not address this use. She noted the applicant would have to amend it when he changed the use. Council Member Paterno indicated they got a special exception originally for this, for the pazking, so they would have to come back to Council if they changed the use from the original layout. Village Manager Couzzo agreed there should be a parking calculation on the new use. He felt the data was important for Council to consider and suggested: 1) Council could table the item for future consideration; or 2) if Council made an affirmative condition that upon that Staff review the parking data was compliant. Council Member Genco asked if all the space was rented with the exception of the apartment. Mr. O'Callahan stated he did not know. Council Member Genco stated that would be other answer Council would need to have. Mr. O'Callahan noted JMZ owns the apartment. Council Member Genco agreed it was Mr. Zucarrelli that owned the space. Council Member Paterno questioned the parking of the trailer bucks on the property again. Village Manager Couzzo felt that was a separate issue. 41 MINUTES -Village Council Regular Meeting 11/17/05 Page 42 Council Member Paterno stated it was the same owner, and noted they have asked him to move them before and they were still there. He stated since they are not complying, should Council consider that. Village Manager Couzzo indicated Council could address it under Council comments, and then he could response to that issue. Mayor Humpage stated the only issue is the parking. Council Member Genco noted that there is an Urgent Care, which was not included in the calculations. She felt the parking needed to be redone. Council Member Genco felt there would also have to be some conditions on the exception on the gambling, and adult entertainment, hours of operation, and the parking issue. Council Member Paterno asked how the membership was going to work. Mr. O'Callahan indicated he did not know. He stated he has membership clubs around the world. Council Member Paterno asked how did they work. Mr. O'Callahan stated each one work differently, that it depended on the area, the clientele. He indicated he was seeking approval first before they set any stipulations on the club. Council Member Paterno noted that may be of interest to any of the stipulations that Council may want to place on the special exception. Village Manager Couzzo mentioned there were a number of issues that • Council had raised, and suggested tabling this item to get the answers to the questions. MOTION: Yice Mayor Watkins moved to table Item 13, Special Exception use for a Members Only Club to December Regular Council Meeting, subject to them bringing back the answers to Council comments and concerns; seconded by Council Member Genco; motion passed to table the item 4-0. 14: Quasi judicial Public Hearing for Variance from the Village of Tequesta's Code of Ordinance, which does not allow intoxicating beverages to be sold for consumption on the premises within 1,000 feet of a church, school, or youth center -Applicant: Grassy Flats Restaurant, located at 157 U.S. Highway One. Attorney Hawkins swore in 4 people. Ex-parte communications -None Ms. Catherine Harding, Director of Community Development mentioned the Glassy Flats restaurant, located on U. S. Highway One in the Tegeusta Shoppes, was previously Estey's Cafe. She indicated Mr. Michael Vaccaro is now applying to receive a variance from the Village of Tequesta's Code of ordinances that does not allow alcoholic beverages to be sold within . 1,000 feet of a church or school. 42 MIl~IUTES -Village Council Regular Meeting 11/17/05 Page 43 Mr. Michael Vaccaro the applicant stated he has submitted all his paperwork, and indicated he needs to serve alcohol in this location, because he is trying to keep prices low, which would be more profitable for him. He stated it is not going to be a late night restaurant that they would shut down the bar by 10:30 p.m. to get people out by 11:00 p.m. at the latest, and Friday may stay open to 10:30 p.m. and have the people out by 11:30 p.m. He stated this would be a restaurant with full liquor. He requested Council's permission for the variance. Council Member Paterno asked if it was a restaurant or a bar. Mr. Vacarro stated it is a restaurant serving full liquor, not a bar. He noted by law he has to serve 51 % food in order to keep his license. Vice Mayor Watkins stated the previous restaurant served alcohol there. She wished him well with the restaurant. (Public Comments) Ms. Dottie Campbell, resident of Eastwinds Circle noted she has know Mr. Vacarro for 20 years, and that he was originally the deli manager at Pinder's. She noted he then went on to have the best sandwich shop on Cypress Drive. She stated the Village needs a restaurant that he would • bring to it a family oriented because the family would like what he serves. She felt if anyone could make a good of it there it would be him. She noted the restaurant at the end of the .plaza when it first opened, Brandywine Downs, that had a full liquor license and that would be closer to the church then his establishment. She asked Council to pass the variance. MOTION: Council Member Paterno moved to grant the variance for Grassy Flats Restaurant, including Staff recommendations as shown on the memo dated October 12, 2005; seconded by Council Member Genco; motion passed 4-0. 15. Quasi judicial Public Hearing for Variance from the Village of Tequesta's Code of Ordinance, which does not allow intoxicating beverages to be sold for consumption on the premises within 1,000 feet of a church, school, or youth center -Applicant: Gallery Grille, located at 383 Tequesta Drive. Attorney Hawkins swore in 5 people. Ex parte Communications -None Ms. Catherine Harding, Director of Community Development mentioned the Gallery Grille Restaurant, located at 383 Tequesta Drive, in the Gallery Square North, and being represented by Mr. Bruce Nierman is now applying to receive a variance from the Village of Tequesta's Code of 43 MINUTES -Village Council Regular Meeting 11/17/05 Page 44 ordinances that does not allow alcoholic beverages to be sold within 1,000 feet of a church, school or youth center. Mr. Phillipe Jeck, representing the applicant mentioned if Council had any questions he was available to answer them. Council Member Paterno stated he wanted to make sure it was going to stay as a restaurant and not end up as a baz. Village Manager Couzzo verified they were only be serving beer and wine, and it was not a full liquor bar. Mr. Nierman responded in the affirmative. (Public Comment) Ms. Dottie Campbell, resident of Eastwinds Circle indicated she was the landlady at Gallery Square North and there have been 3 previous restaurant operations in this location that have all served beer and wine. She felt it was a continuation of the sales for beer and wine. She asked Council to approve the variance. Ms. Cerise Goldberg, Property Manager for Gallery Square North asked if the conditions that Staff recommended be read for the record. Mayor Humpage read for the record the Staff recommendations. Village Manager • Couzzo asked what the hours of operation would be. Mr. Nierman commented he was not sure what the hours of operation would be, and that it would be dinnertime but not real late. Mr. Jeck noted the hours of operation were stated in the code. MOTION: Vice Mayor Watkins moved to grant the variance for Gallery Grille Restaurant, including Staff recommendations; seconded by Council Member Genco; motion passed 4-0. NEW BUSINESS 16. RESOLUTION 18-05/06 - A RESOLUTION OF THE VII,LAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AWARDING A BID PROPOSAL TO SHEEHAN TURF CARE, INC., OF TEQUESTA, FLORIDA, IN THE AMOUNT OF $25,080 FOR TEQUESTA PARK FROM BUDGETED ACCOUNT #001-230.546.306 AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE APPLICABLE PROPOSAL ON BEHALF OF THE VILLAGE. Attorney Hawkins read for the record the title of Resolution 18-05/06. Mr. Greg Corbitt, Director of Pazks and Recreation indicated this was an awazd of contract to Sheehan Turf Care to take care of the Bermuda Grass 44 MINUTES -Village Council Regulaz Meeting 11/17/05 Page 45 • portion at Tequesta Pazk. Mayor Humpage asked if this was in the budget. Mr. Corbitt responded in the affirmative. MOTION: Council Member Genco moved to approve Resolution 18-05/06; seconded by Vice Mayor Watkins; motion passed 4-0. 17. RESOLUTION 20-OSI06 - A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING A CONTRACT FROM DON REID FORD, OF MAITLAND, FLORIDA, FOR ONE FORD CROWN VICTORIA POLICE CAR PER THE FLORIDA SHERIFFS ASSOCIATION BID AWARD 04-12-0823 IN THE AMOUNT OF $20,730.00, HAVING A FY 2005/2006 GENERAL FUND POLICE DEPARTMENT BUDGET ALLOCATION OF $24,000.00 ACCOUNT #001 175 664.602 AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE APPLICABLE CONTRACT ON BEHALF OF THE VILLAGE. Attorney Hawkins read into the record the title of Resolution 20-05/06. Police Chief Steve Allison mentioned he was requesting approval to • expend the budgeted funds for one patrol caz. He indicated it was being piggy-backed off the SherifFs Association Bid Awazd. He stated this was a rollover bid, so the Village was actually purchasing the caz at last years price. He noted this vehicle will be replacing a 1999 Ford, and that caz will be surplused when this car comes in. MOTION: Council Member Genco moved to approve Resolution 20-05/06; seconded by Vice Mayor Watkins. Council Member Paterno asked what was meant by ADM specifications. Chief Allison commented it does not have the specifications a police caz would have, since this is an administrative vehicle and would be assigned to the Detective division. He mentioned in the rotation plan for replacement this vehicle is projected to last 9 years. Council Member Genco mentioned she noticed the Village was getting rid of some other surplus vehicles, and indicated that was good to get rid of the insurance, etc. Motion passed 4-0. 18. RESOLUTION 24-05/06 - A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AWARDING A CONTRACT TO ARCADIS G&M, INC. A FLORIDA CORPORATION FOR ENGINEERING SERVICES WITH TERMS OF THE CONTRACT SPECIFIED IN THE 45 MINUTES -Village Council Regulaz Meeting 11/17/05 Page 46 • PROPOSAL SUBMITTED BY ARCADIS G&M, INC. AND ATTACHED HERETO AS EXHIBIT "A" AND INCORPORATED BY REFERENCE AS PART OF THIS RESOLUTION. Attorney Hawkins read for the record the title of Resolution 24-05/06. Ms. JoAnn Forsythe, Director of Finance and Chair of the Negotiating Committee mentioned the Negotiation Committee met on two separate occasions and negotiated the contract and fees that were before Council. MOTION: Vice Mayor Watkins moved to approve Resolution 24-OS/06; seconded by Council Member Genco. (See vote at end of this item) Council Member Genco asked if this was the Engineering services contract for the Water Utility. Ms. Forysthe indicated this contract was for General Engineering Services for the entire Village. Village Manager Couzzo indicated for all Utilities, including Stormwater. Council Member Genco asked if this was replacing the contract that had expired. Village Manager Couzzo mentioned their contract has been in existence for 20 yeazs, and this contract will replace it. He commented this contract has gone through and complied with the Consultants Competitive Negotiations • Act (CCNA). Council Member Paterno questioned Section 6, regarding the Subconsultants language. He noted if they use sub-consultants the contract stated the Village would have to pay for them. He asked if they do hire sub-consultants that the Village will be charged 10%. He asked if this was correct. He noted the last time Council spoke about that they asked that it not be in the contract. Village Manager Couzzo asked in what instance do they see, other then possibly the Village generating it, that this sentence would be necessary. Mr. Bill Reese, Principal, Arcadis Reese Macon and Associates stated within the framework of their submittal the normal designs they would do; which would include structural, and electrical subcontractors that would be named in a document. He felt the subconsultants would be included in the lump sum fee, unless it was specifically requested otherwise. Village Manager Couzzo suggested changing the language to "specifically directed by the Village Manager or his designee". Mr. Reese stated there aze normal subs that they always used in a project. Village Manager Couzzo agreed such as services for a surveyor, typographic work. Mr. Reese noted they have people for example that could do electrical design in-house, but that they have always used a specific subcontractor. Council Member Paterno asked if the subcontractor was cheaper. Mr. Reese responded in the affirmative. 46 MINUTES -Village Council Regulaz Meeting 11/17/05 Page 47 • Council Member Paterno suggested adding "as long as the work is authorized by the Village Manager". Council Member Genco suggested striking: "if the Village requests the consultant use certain subconsultants, etc.". Mayor Humpage suggested starting the paragraph with "The Village .may request the consultant to certain subconsultants for specific, etc.". Consensus of Council agreed to start the paragraph with "The Village", etc. Council Member Paterno asked how much higher were the fees in this contract versus the old one. Mayor Humpage noted they still aze the lowest, that the Village's rates were better before the Village went to the CCNA process. He stated after negotiating with the same company the rates came out higher than before. Council Member Paterno indicated he understands the law, and the CCNA process, but that he does not necessarily agree with it, because the Village had a better deal before, and still with the same company. He stated it is costing the Village almost 30% more, and felt the cards were stacked against the Village in this instance. Vice Mayor Watkins noted it was at Councils request to go through the CCNA process. Motion passed 4-0. • 19. a) Status Report on Public Assistance for expenses associated with Hurricane Wihna. Mr. Robert Gazlo, Assistant Village Manager mentioned the Village has submitted applications for public assistance, which has been approved for Hurricane Wilma. He indicated Staff had a kick off meeting with FEMA and the State yesterday. He commented Staff had a good experience last year, and anticipates it being better this yeaz as faz as the speed and getting through this. He explained the Village would get 75% from FEMA, 12 1/z% from the State of Florida, and the Village's required 12 %z%. He noted except for two changes the Village would receive 100% for the first 72 hour period on debris removal and overtime. He indicated Staff has come up with some very preliminary estimates in some of the categories, particulazly the damage to infrastructure, buildings, some irrigation systems, and some pazk damage. He commented as far as the estimates they aze probably high, most likely the actual cost will be less. He indicated these aze the estimates they received eazly on after the storm. He pointed out the Village was very close to finishing up the debris removal, and already in the process of having our project funding approved. He indicated the overtime was very close to the numbers. b) RESOLUTION 25-05/06 - A RESOLUTION OF THE VILLAGE • COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING THE 2005/2006 GENERAL FUND #001 BUDGET $408,000 BY APPROPRIATING ADDITIONAL FUND 47 MINUTES -Village Council Regulaz Meeting 11/17/05 • Page 48 BALANCE AND INCREASING REVENUES AND EXPENDITURES TO PAY FOR COSTS ASSOCIATED WITH HURRICANE WILMA AS FOLLOWS: REVENUES: Reimburse FEMA Account # 001-000-369.104 $306,000 Reimburse Florida DCA Account # 001-000-369.106 51 000 $357,000 Appropriated Fund Balance $51,000 408 000 EXPENDITURES: Res -Contingency #001-990-599.902 $408,000. Ms. JoAnn Forsythe, Director of Finance indicated approving this Resolution will increase the General Fund budget by $408,000.00, and there will be $357,000 coming in from FEMA and the Department of Community Development (DCA). She noted this would require the Village to appropriate additional fund balance of $51,000.00. Council Member Genco questioned whether it took 7 months for the Village to receive the monies last year from FEMA. Village Manager Couzzo noted • it had come in faster than that, and that it probably took 7 months to get the entire amount. Council Member Paterno asked what the estimated time was this year to receive the monies. Assistant Manager Garlo stated it would depend to some extend on the project. He indicated $57,000.00 would distinguish a small project from a large project. He explained lazge projects require that the work actually be done at the time that the monies aze received, so it is driven by the work. He noted the Village was just now receiving money from Hurricane Frances for the Tequesta lights. He felt the small projects would probably have the money within 90 days, and that would be anything under $57,000.00. Council Member Genco noted she was really impressed with the Waste Management, even though at first the Village had a few issues. She mentioned the Village was cleaned up before most areas were. Mayor Humpage agreed. Assistant Manager Garlo noted he and Mr. Gary Preston, Director of Public Works met with the debris specialist today that is running it for the County, and the number that they are being told is very good according to what they are telling is the cost. Council Member Paterno indicated they did some calculations today, and they should be probably $100,000.00 under the $255,000.00 estimated amount based on the 15,000 cubic feet of debris. Assistant Manager Garlo stated the Village's estimate to FEMA today was about 9,500 cubic yards, at $17.00 • a cubic yazd. Village Manager Couzzo commented the Village would stay close to $100,000.00 on the debris side. 48 MINUTES -Village Council Regular Meeting 11/17/05 • Page 49 Attorney Hawkins read for the record the title of Resolution 25-05/06. MOTION: Vice Mayor Watkins moved to approve Resolution 25-05/06; seconded by Council Member Genco; motion passed 4-0. c) RESOLUTION 26-05/06 - A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING THE 2005/2006 WATER UTILITY FUND #401 BUDGET $68,000 BY APPROPRIATING ADDITIONAL FUND BALANCE AND INCREASING REVENUES AND EXPENDITURES TO PAY FOR COSTS ASSOCIATED WITH HURRICANE WILMA AS FOLLOWS: REVENUES: Reimburse FEMA Account# 401-000-369.104 $51,000 Reimburse Florida DCA Account# 401-000-369.106 8,500 $59,500 Appropriated Fund Balance 8,500 68 000 EXPENDITURES: Res -Contingency #401-990-599.902 $68,000 • Attorney Hawkins read for the record the title of Resolution 26-05/06. MOTION: Vice Mayor Watkins moved to approve Resolution 26-OS/06; seconded by Council Member Genco; motion passed 4-0. Item ZO was moved before Item 12. 21. Council consideration for the Village of Tequesta to complete a Compensation and Classification Study for Village employees. Mr. Robert Garlo, Assistant Village Manager mentioned he was asked by Council to look into a Classification and Compensation Study for the Village. He indicated one had not been done in sometime. He explained he was familiar with Municipal Solutions and the Letter of Engagement, because they had done work locally with other jurisdictions, and was exactly the product the Village would be best served by, for example the one they completed for the Town of Jupiter Island. He pointed out this would be a complete organizational analysis looking at the existing job descriptions and classifications and determining whether they are properly classified, reviewing the current work of those classifications, and making sure they are Fair Labor Standards Act (ELBA) and Americans with • Disabilities Act (ADA) compliant. 49 MINUTES -Village Council Regular Meeting 11/17/05 Page 50 Assistant Village Manager Garlo commented at the same time putting a value on the work, and then looking in the marketplace to see where that places. Mr. Colin Baenziger, representing Municipal Solutions mentioned he was present to answer any questions Council may have. Council Member Genco asked when they thought they would complete the study. Mr. Baenziger commented the original intent was to have a preliminary report by the middle of December. He noted at this point it would now have to be moved back to January 1, 2006. He indicated they were still on target for the February l0a' target date. Council Member Genco noted she read the one from Jupiter Island, and thought it was well done. Vice Mayor Watkins agreed, and felt it was the right thing for the Village to do. Council Member Paterno pointed out there was a handout distributed with a correction on the pricing, that it went from $125.00 to $115.00 per hour. He stressed Assistant Manager Garlo has offered to do whatever he can do to compile the information to keep the hours down to a minimum to try and save the Village some money. Mr. Baenziger commented they appreciate it, and anything that the Staff can do helps them. MOTION: Vice Mayor Watkins moved to approve the Letter of Engagement for a . Compensation and Classification Study by Municipal Solutions; seconded by Council Member Genco; motion passed 4-0. 22. Reschedule the Council Workshop regazding Council's Goals and Objectives to November 29, 2005 at 9:00 A.M. in the Tequesta Recreation Center, 399 Seabrook Road. Consensus of Council agreed to the Council Workshop on November 29, 2005. Ms. Gwen Cazlisle, Village Clerk indicated the Village Attorney was not scheduled for this workshop. Consensus of Council agreed he did not need to be present. 23. Council consideration to have a scheduled Joint Workshop on January 12, 2006 at 2:00 P.M. at the Tequesta Recreation Center, 399 Seabrook Road, with Commissioner Marcus, Martin County Commissioners and Jupiter Town Council. Ms. Gwen Cazlisle, Village Clerk indicated that Commissioner Mazcus's office would like to know what the Council wanted to discuss on the agenda. She commented they were asking the Village Clerk to draft the agenda, and she asked if Council wanted to discuss the issues regarding traffic, the Western Comdor and Island Way. Council Member Genco • asked that the enforcement of building and zoning codes be included on the agenda. Mayor Humpage asked if the sewer and water had been resolved out there. 50 MINUTES -Village Council Regular Meeting 11/17/05 • Page 51 Council Member Genco commented they adopted one, and the other was still under consideration. Mayor Humpage suggested talking about the sewer, the water, and expansion of the pazcels that abut the Village. Council Member Paterno noted a developer just went for a change and put 16 homes where the wall is on Island Way. He commented they want to add more homes, 16 on regulaz lots. Mayor Humpage asked if they wanted to address density/ developmental matters. Village Clerk Cazlisle asked if this was all related to the Western Corridor/Island Way. Council Member Genco suggested the density and traffic issues that abut the Village or affects the Village. Village Clerk Cazlisle indicated she had spoke with Jupiter and they asked that their Jupiter Area Study, and how it affects everyone else be placed on the agenda. Council Member Genco clarified her suggestion regarding code enforcement. She felt Palm Beach County and Martin County have azeas adjacent to Tequesta that are not being enforced by their code people. She indicated she would like to address that also. XII. ANY OTHER MATTERS Jupiter Elementary School Historic Building -Council Member Genco mentioned Council had received a email from Dr. Monroe Beniam, School • Board of Palm Beach County, District 1 regazding Jupiter Elementary School preservation. She pointed out the old part of the school building is historic, and she can not believe that they may teaz it down. She felt by them redoing it, it could be utilized again. Mayor Humpage indicated it was going to cost $4 million dollars. Vice Mayor Watkins commented she went and spoke at the Construction Oversight Review Committee meeting this morning, and the facilities coordinator stated they had never used the verbiage that they were going to demolish the building. She stated what he said was two proposals were on the table: 1) to totally renovate it, at $7 million plus; and 2) do nothing with the old building, but build a new building adjacent to it. She commented at the meeting if they leave the old building stand idle, that eventually it would be demolished because it would decay. She felt it was a building worth saving. She stated this would be on the School Board's agenda November 22, 2005, in which she would not be able to attend. Mayor Humpage noted there was also a meeting on November 17, 2005. Vice Mayor Watkins mentioned Mr. Rood spoke at the meeting regazding the building. She noted the building was built in 1926, and felt it was structurally sound. She commented the people from Jupiter made a very good point to keep that building with its historical value. Council Member Genco suggested sending a letter of support from the Mayor that the Village supports the restoration and preservation of the building. Consensus of Council agreed. r 1 51 MINUTES -Village Council Regular Meeting 11/17/05 Page 52 Joint Meeting with Planning and Zoning Advisory Board -Council Member Paterno felt it might be helpful to have a joint meeting to discuss what they can do to better help the Council. Village Manager Couzzo suggested placing this item on the December agenda for discussion. Mayor Humpage noted there were two Workshops that needed to be done. Village Manager Couzzo commented the upcoming Council's goals and objectives workshop would be November 29, 2005, and possibly one on boats, and golf carts. Council Member Genco suggested the workshop regarding boats could be done jointly with Planning and Zoning Advisory Board. Mayor Humpage noted Council also has issues with golf carts. Village Manager Couzzo suggested doing the boats and golf carts as one workshop. Council Member Genco felt it would be better to do those two issues separately, but suggested doing them jointly in approaching the subject with the Planning and Zoning Board. Council Member Paterno indicated if Council does a workshop with P&Z Board would the public have input. Mayor Humpage noted a workshop usually does not allow public comment, but in a situation like this they probably need to be brought into the loop. Council Member Paterno asked if P&Z should do their part, and move it on to Council. Vice Mayor Watkins mentioned the issue was the Board is wanting to know how this is going to be structured, are they suppose to elect a committee, or does everyone show up. She suggested giving some thought of how this is going to happen. Council Member Paterno suggested Council discuss it ahead of time. Vice Mayor Watkins felt at the workshop Council needs to organize. Mayor Humpage suggested Council and P&Z Board first, so that everyone is on the same page. Vice Mayor Watkins. indicated it would not be the time to take public comment at the joint workshop. Council Member Genco agreed if they wanted to show up and listen that would be good. Council Member Paterno indicated if it was just going to be Council and P&Z Board the golf carts could be addressed also. He felt that would be the same type of discussion, except not have a subcommittee. Mayor Humpage pointed out with the golf carts it may not be conjecture, it is going to be the law. Council Member Genco noted the golf cart issue is entirely different issue, because one side of the community is affected more than the other, and will have to be dealt with differently. Mayor Humpage noted the State Statute 316 would need to be dealt with. Council Member Paterno noted he could be more educated on the issue of golf carts also. Consensus of Council agreed to do a joint meeting with Planning and Zoning Advisory Board to discuss the boat and golf cart issues, with no public input. Mayor Humpage suggested the Community Development • Director and the Police Chief attend. Council Member Genco asked if the meeting could be held during the day. Consensus of Council agreed to hold it during the day. 52 MINUTES -Village Council Regular Meeting 11/17/05 Page 53 XIII. ADJOURNMENT MOTION: Vice Mayor Watkins moved to adjourn the meeting; seconded by Council Member Paterno; motion passed 4-0. Therefore the meeting was adjourned at 12:00 noon. '~'"I '' , ~ ~. Gwen Carlisle Village Clerk • • 53