HomeMy WebLinkAboutMinutes_Regular_09/07/2005MINUTES
VILLAGE OF TEQUESTA
REGULAR VILLAGE COUNCIL MEETING
SEPTEMBER 7, 2005
I. CALL TO ORDER AND ROLL CALL -The meeting was called to order by
Mayor Jim Humpage at 7:00 P.M. A roll call was taken by Gwen Carlisle, Village
Clerk. Present were: Mayor Jim Humpage, Vice Mayor Pat Watkins, Council
Member Edward D. Resnik, Council Member Geraldine A. Genco, and Council
Member Tom Paterno. Also in attendance were: Village Manager Michael R.
Couzzo, Jr., Village Attorney Karen Roselli, Village Clerk Gwen Carlisle, and
Department Heads. Attorney Hawkins was out of Town.
II. INVOCATION AND PLEDGE OF ALLEGIANCE
Mayor Humpage noted Council Member Paterno just got back from the Gulf
Region, and has not had any rest after his trip in the delivery of the Village
ambulance that was donated in the relief efforts after Hurricane Katrina. Council
Member Paterno gave the invocation and led in the Pledge of Allegiance to the
flag. He prayed for the people of Mississippi and New Orleans.
III. PRESENTATIONS AND PROCLAMATIONS
• 1. POSTPONED TO 10/13/05 REGULAR COUNCIL MEETING
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2. Proclamation declaring the Month of September 2005 as Sickle Cell
Month in the Village of Tequesta.
Village Clerk Carlisle read for the record the proclamation declaring the
Month of September 2005 as Sickle Cell Month in the Village of
Tequesta.
IV. APPROVAL OF AGENDA
Council Member Genco removed Item 12.
Vice Mayor Watkins removed Item 6.
MOTION: Vice Mayor Watkins moved to approve the agenda, as amended; seconded
by Council Member Resnik; motion passed S-0.
V. UNFINISHED BUSINESS
3. ORDINANCE 600 -SECOND READING - AN ORDINANCE OF
• THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING CHAPTER
78, ARTICLE VI, SCHEDULE OF DISTRICT REGULATIONS,
Minutes -Village Council Regular Meeting 09/07/05
Page 2
• DIVISION 2, SCHEDULE OF USE REGULATIONS, SECTION 78-177,
TO PROVIDE FOR ADULT ARCADE AMUSEMENT CENTERS AS
DEFINED HEREIN, AS A SPECIAL EXCEPTION USE IN THE C-2
ZONING DISTRICT; PROVIDING REGULATIONS FOR ADULT
ARCADE AMUSEMENT CENTERS, INCLUDING BUT NOT
LIMITED TO, LOCATIONAL REQUIREMENTS, OPERATIONAL
STANDARDS, SIGNAGE REQUIREMENTS, SUPPLEMENTAL
SPECIAL EXCEPTION REQUIREMENTS, SUPPLEMENTAL
OCCUPATIONAL LICENSING REQUIREMENTS, STANDARDS OF
PATRON CONDUCT, REGISTRATION REQUIREMENTS FOR
MACHINES; AMENDING CHAPTER 70, SECTION 70-46 TO
ESTABLISH AN OCCUPATIONAL LICENSE FEE OF $2,500.00 FOR
ADULT ARCADE AMUSEMENT CENTERS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CODIFICATION; AND
PROVIDING AN EFFECTIVE DATE.
Mayor Humpage read the title of Ordinance 600.
Mayor Humpage opened the public hearing.
Council Member Paterno stepped out of the meeting.
MOTION: Vice Mayor Watkins moved to approve Second Reading of Ordinance 600;
seconded by Council Member Resnik. (see vote at end of discussion)
Council Member Paterno returned to the meeting.
Vice Mayor Watkins commented for the public, she has been stopped a
few times over this issue, and wanted them to know the reason Council
was putting this in place was to try and make it so difficult for someone to
have one of these establishments in Tequesta. She stressed this was not to
encourage this type of business to come into Tequesta. She felt this
ordinance was needed to protect the Village. A resident in the audience
questioned what would be covered under this ordinance. Vice Mayor
Watkins noted it comes under gambling. She noted there were so many
limitations on it that it makes it almost virtually impossible to have one of
these businesses. Council Member Resnik commented Council has
reviewed the changes, and all the changes have been incorporated into the
document. He noted he would support the ordinance as proposed.
(Public Comment)
Mr. Richard Kay, resident U.S. Highway One commented he was quite
impressed by this ordinance. He questioned whether there was any
possibility of people coming in and being able to get a permit, that if it
could be illegal under the Federal or State Law. Village Attorney Roselli
noted this ordinance was supplemental to the State gaming requirements
• and it incorporates by reference any future Federal Internet gaming
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• statutes that might be adopted. She noted it could not be inconsistent with
State or Federal Law, that is was supplemental regulations. Mr. Kay
mentioned they have run into this problem down in Miami, that they have
been trying to get a law passed giving them permission to have gambling
joints. He felt if everyone was going through all this trouble to try and get
the people to approve it, he felt they must be contrary to the State statute,
and many good people are fighting that. He commented it just seems to
him with the consideration of this ordinance, potentially it could open
quite a bag. Attorney Roselli explained the reason it is under consideration
by the Village is because there is a loophole in the State statute that allows
these types of business to operate within municipalities. She pointed out in
order for the Village to regulate them before they get here, the ordinance
was to have the Village adopt regulations and restrictions and have them
in place. She mentioned there is a loophole in Florida, called the Chuckie
Cheese Loophole, and this ordinance was an adult version of a Chuckie
Cheese establishment. She commented other municipalities like Tequesta
have taken a preemptive step in regulating them before they come into the
municipality itself. She pointed out there were restrictions in the ordinance
regarding the money. Mayor Humpage commented this was an overview,
and what the Village was trying to do was to close the loopholes.
Mayor Humpage closed the public hearing.
. Motion passed S-0.
3. Council approval for a Site Plan Review for Baldino's Restaurant.
Mayor Humpage mentioned this site plan was tabled from the last
meeting. Mr. Jack Horniman, Village Planning and Zoning Consultant,
JHL Associates, noted he was present due to the resignation of the
Community Development Director, Mr. Jeff .Newell. He reviewed the
outstanding issues from the last meeting: 1) Landscaping; and 2) Parking.
He mentioned Village Manager Couzzo had spoken with the applicant
regarding the landscaping, and they have a plan that they are bringing
forth to Council this evening. He explained the applicant technically meets
the code requirements for parking, but that they were pursuing some
shared parking/cross parking arrangements with the neighboring business.
Mr. Chuck Millar, Development Planner with Moyle, Flanigan and
representing the applicant pointed out that Baldino's restaurant was not
American Disabilities Act (ADA) compliant at this time. He noted with
the expansion it would meet the ADA requirements. He reviewed what the
applicant has accomplished since the last meeting: 1) notified all property
owners within 300 feet; 2) Met with Staff and discussed the most
reasonable options regarding meeting the landscaping Ordinance 377. He
commented the applicant can not comply with the ordinance, but felt they
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• have come up with a reasonable solution, and would like Council to
consider a waiver of that requirement. He mentioned he obtained a letter
from the adjacent property owner, Mr. Daniel Chance of Harbor Road in
support of the expansion for Baldino's, and waiver of the landscaping.
3) Addressed Council Member Genco's concerns regarding parking. He
indicated the applicant has contacted Dr. Sullivan of the Phoenix Health
Facility, the property directly to the south; and spoke with her twice, and
her attorney three times regarding negotiations for use of ten parking
spaces by Mr. Baldino's employees after 5:00 P.M to make it easier and
provide additional parking spaces at the restaurant. He mentioned he
contacted Mr. Anthony Rocchio, the property to the north, and he
indicated he would eventually develop that property, and left him a
message. He felt very positive that the applicant was going to be able to
work something out with Dr. Sullivan. He stressed that he would keep the
Manager informed, but that he could not represent that the two parties
have come to terms. He noted it was more of a parking license, because
they would be using their side, but Dr. Sullivan would not be using
Baldino's parking; and 4) Proposed a 6 foot wall on the Baldino's
property. He noted the details show that the wall would encroach on the
property line, but would in no way encroach into the Village right-of--way.
Mr. Millar commented the wall would be the same color as the building,
and provide planters along the top. He felt this would be a good buffer to
. the surrounding neighborhood, and eliminate the big yellow signs. He
pointed out they are aware of the drop in the pavement and the danger and
liability it creates. He indicated they wanted to take care of the problem
and that was one reason they proposed the wall. He noted it would also
stop the erosion problem and help the customers so they do not have to
walk off, fall off, or drive off into the drop. He noted they do not intend to
ask for any abandonment, or put any improvements into the alleyway. He
asked Council to approve the site plan as revised.
Council Member Resnik felt they did an admirable job and trying to
compromise to come up with the best solution possible to make this an
attractive and accessible area for use. He felt with a little more time they
will secure the parking agreement, and that this project will be a great
addition to U.S. One, and the north county. Vice Mayor Watkins indicated
she visited the site this morning, and Mr. Baldino showed her the location
of the wall, and that it was not encroaching in the alley. She stressed the
hedge was quite high, and really shields the people to the east, and it was
nice to receive the letter from the adjacent property owner. She felt the
handicap accessibility was a good point to include, and would be an asset
to the property. She explained in order to come up with a way to do this
that was workable for everyone, it is a good solution, and it saves the
applicant from the dangers of the vehicles dropping off the pavement.
•
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Vice Mayor Watkins commented it would allow the Village to have the
planters. She thanked Mr. Millar for the extra effort of working this plan
out with for the best interest of everyone. Council Member Paterno asked
how the applicant was going to utilize parking space #17, if someone was
in # 18. Mr. Millar noted there would be enough room to pull forward, but
it would be a tight squeeze. Council Member Paterno asked if the second
car would have to move, in order to get the first car out of the space. Mr.
Millar responded in the affirmative, and noted the vehicle could also come
out the front of the space. Council Member Paterno asked if there was a
car parked in spaces # 17, 18 and 19, would the vehicle in # 18 be stuck in
the middle. He asked how many parking spaces were required. Mr. Millar
indicated 19 parking spaces were required. Council Member Paterno felt
the parking was not in compliance, because technically by code the
parking could not block someone in. Mr. Millar suggested sliding parking
space # 17 back, and provide more room for # 18 and # 19 to pull forward.
He felt they could make it work.
Council Member Paterno noted basically the applicant was asking for two
exemptions to the code: one on parking, and one on landscaping. Mr.
Millar noted the applicant was asking for a waiver for the landscaping,
Ordinance 377, and was not asking for a variance on the parking. Council
Member Paterno explained the minimum parking was 22 feet in front or
behind. Mr. Millar stated they could move the spaces forward, but it
• would make it very tight with the lift station there. Council Member
Paterno asked that the applicant state there would not be any food or
liquor served on the terrace out front. Mr. Millar indicated it is only a
covered waiting area, because there is nowhere else to get the customers
out of the weather. Council Member Paterno noted he is not in favor of
any exemptions to the landscaping code. He noted as people start to
renovate in the Village, and if Council gives exemptions, down the road
people will be asking why did they do this. He felt the applicant did not
meet the parking requirements, and asked Staff for additional information.
Council Member Genco indicated her biggest concern was parking, and
the exemption to the landscaping issue. She pointed out this site could not
be developed to meet the criteria. Mayor Humpage indicated he visited the
site about a week ago to get a better feel of the property. He mentioned he
was in favor of giving the applicant the waiver on the landscaping,
because of the issue of the alleyway. He commented he did not feel it was
a problem generated by the owner. He felt the back alleyway was a
disgrace to the Village, even though it belongs to the Village. He noted
anything in the back of the alleyway, such as the wall, would be an
improvement. He questioned who owned the signs in the alley. Mr. Gary
Preston, Director of Public Works noted the signs belong to the Village,
and that they were put there for safety reasons.
•
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• Mayor Humpage indicated when he looked at the property, and what Mr.
Baldino had proposed; he commented the Village has been encouraging
businesses to come into the Village, and this was one of the properties that
recently volunteered to annex into the Village. He commented the
property does not fully comply with Ordinance 377, but felt that the
applicant's efforts have made it abetter-looking piece of property. He
indicated he would be in favor of having the project move forward with
this site plan. Council Member Genco questioned what the shaded area
was on the north property line. Mr. Millar indicated that part of the
requirements the applicant was trying to meet, by putting a hedge on the
whole north property line. He noted there were nine palms also going in
there. Mr. Millar commented that the applicant was actually only required
to have 18 parking spaces, and one loading space. He noted with the
alleyway improved that is where some of the larger trucks would have to
come in and pull through for deliveries. Council Member Genco
questioned how many tables does the restaurant have. Mr. Baldino
responded 9 tables. Vice Mayor Watkins pointed out the plan states 54
seats. Mr. Millar explained with the expansion there would be 54 seats.
Council Member Paterno noted there were 36 seats currently. Mr. Baldino
commented they were going to take seating out of the dining room and
move it back into the new room. Mr. Millar noted a lot of the new space
would be for handicapped bathrooms. Council Member Resnik noted in
previous discussions over the years regarding Ordinance 377, when it was
• implemented in other areas, that had already been developed, waivers
were given. He noted in certain areas, such as So Cypress and other
places, other than full implementation of 377, some people were granted
waivers. He indicated this was not a new precedent, that this has been
something done in the past. He felt in trying to be fair to all businesses that
come into the Village, the Village should try and do the best that it can do
for the applicant, and at the same time, the applicant should try to do the
best it can for the Village. He felt if they can not do any better, and
Council and Staff can not make any recommendations for them to do any
better, then he felt it should be a comprise. He suggested if the applicant
secured a parking agreement with the adjacent businesses for evening
parking, then Baldino's could eliminate one of the parking spaces. He
asked what the chance would be for getting the agreement. Mr. Millar
mentioned he spoke with Mr. George Harris this morning, but felt the
negotiations have gone well, and that they were still in the process of
negotiating.
Council Member Resnik indicated he was not personally concerned with
the applicant meeting Ordinance 377, but was concerned that they have
adequate parking, and that if someone does not get locked into a parking
space that they can not get out of. Council Member Paterno asked if
Council Member Resnik was suggesting tabling the item until they had
• secured the parking agreement. Council Member Resnik felt it should not
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• be tabled. Council Member Paterno commented without an agreement, the
issue of parking would be speculative. Council Member Genco suggested
requiring the parking agreement before the final Certificate of Occupancy
(CO). Mayor Humpage pointed out the applicant meets the parking
criteria, that he has 19 parking spaces, and only 18 are required. He
commented he can eliminate one space, and still meet the requirements.
He felt the only thing Council needed to consider was the waiver on the
landscaping. Council Member Paterno commented the applicant was
doing a great thing, but felt he needed to meet the codes. He noted he was
not in favor of exemptions to the code, and that it was Mr. Baldino's
choice to increase the size, and it is something that he was not stuck with,
and that it is his burden to meet Ordinance 377. Council Member Resnik
suggested Council take a vote. Council Member Genco indicated the plan
that was submitted to Council shows the property line on the wrong side
of the retaining wall. She asked that a note be made to follow up on a
revised plan, since Council was approving the plan as proposed. She
indicated the wall would be inside their property line, and that this part of
the drawing was incorrect. Mayor Humpage agreed, and stated it would
not be on Village property, and would actually be on the Baldino's
property. Mr. Millar agreed.
(Public Comment)
• Mr. Richard B. Kay, Esquire, and resident of U.S. Highway One,
Sandpoint Bay, commented no one asked him to come to this meeting, and
understood the Village has for a long time tried to get the area
incorporated into Tequesta. He explained if the Village would come to
him regarding annexation, he may have some solutions to Sandpoint
annexing into the Village, he would be glad show the Village how to do it.
He noted he was not present for that reason this evening. He noted
Sandpoint Bay was next door to Baldino's, and he has visited the
restaurant many times. He felt Baldino's was a credit to the neighborhood.
He stated the establishment does not keep the residents up to all hours of
the night, and keeps the area clean. He mentioned he is a classic person,
and a challenge to the neighborhood. He noted the Village has a good
chance to welcome aboard one fine gentleman, his wife and son, and the
restaurant has good food, and is close enough to walk over to and have a
bite to eat.
MOTION: Vice Mayor Watkins moved to approve the revised site plan, subject to the
correction on the site plan showing the wall not on the Village property; seconded by
Council Member Resnik. Council Member Paterno asked for a vote call.
HUMPAGE WATKINS GENCO RESNIK PATERNO
Yes Yes Yes Yes No
• Motion passed 4-1.
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VI. STANDING REPORTS
VILLAGE ATTORNEY -None
VILLAGE MANAGER
- Village Manager Couzzo welcomed back Council Member Paterno, and
Chief Weinand, and members of the Police Department. He noted they left
Sunday approximately 1:00 P.M. and drove the whole night to
Mississippi, and made it back for the Council Meeting this evening. He
thanked them for their efforts.
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 12.
Vice Mayor Watkins removed Item 6.
i MOTION: Vice Mayor Watkins moved to approve the agenda, as amended; seconded
by Council Member Resnik; motion passed S-0.
Therefore the following items were approved on the Consent Agenda:
5. Planning and Zoning Advisory Board Meeting Minutes August 4, 2005
7. DELETED
8. Public Safety Officer's Pension Board of Trustees Quarterly Meeting
Minutes of May 10, 2005.
9. Public Safety Officer's Pension Board of Trustees Quarterly Meeting
Minutes of February 18, 2005.
10. Council consideration of the Road Closures for the 29~' Annual Holiday
Parade to be held on Sunday, December 11, 2005.
11. RESOLUTION 92-04/05 - 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 2004/2005
• GENERAL FUND BUDGET $19,494, INCREASING THE BUDGETED
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AMOUNTS IN ACCOUNT (S) "VOT PENSION CONTRIBUTIONS"
BY $19,494 AND AUTHORIZING THE VILLAGE MANAGER TO
PROCEED ON BEHALF OF THE VILLAGE.
13. Council reappointment for Resident/Council appointee Geraldine A.
Genco to the Public Safety Officer's Pension Board of Trustees fora 2
year term.
14. Council ratification of Public Safety Officers Pension Board of Trustees
for Police representative Jason Fleming, and Fire representative Ray
Giblin.
15. Council reappointment of Resident Member/Council appointee Tom
Paterno to the General Employees Pension Board of Trustees fora 2 year
term.
16. Council ratification of "Employee representative" Anne Koch to the
General Employees Pension Board of Trustees for two year term.
17. RESOLUTION 90-04/05 - A RESOLUTION OF THE VILLAGE
COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH
COUNTY, FLORIDA, DECLARING ITS SUPPORT OF THE
LOXAHATCHEE RIVER PRESERVATION INITIATIVE'S EFFORTS
TO RESTORE AND PRESERVE THE LOXAHATCHEE RIVER AND
RESPECTFULLY REQUESTING THE STATE OR FLORIDA'S AND
THE UNITED STATES FEDERAL GOVERNMENT'S MUTUAL
SUPPORT OF THE INITIATIVE'S FY 2006 FUNDING REQUEST.
END OF CONSENT AGENDA
ITEMS REMOVED FROM THE CONSENT AGENDA
6. Village Council Regular Meeting Minutes August 11, 2005.
Vice Mayor Watkins suggested on Page 6, Paragraph 3, Deleting
"prohibited" and insert "prohibitive". Consensus of Council agreed.
MOTION: Council Member Resnik moved to approve the Regular Meeting minutes of
August 11, 2005; seconded by Vice Mayor Watkins; motion passed S-0.
12. RESOLUTION 02-05/06 - A RESOLUTION OF THE VILLAGE
COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH
COUNTY, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT
BETWEEN THE SOLID WASTE AUTHORITY OF PALM BEACH
r~
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AND THE VILLAGE OF TEQUESTA FOR MUNICIPAL
RECYCLING.
Council Member Genco mentioned for the public this was an Interlocal
agreement with the Solid Waste Authority for Municipal Recycling. She
explained this would not cause any increase in cost to the residents. She
asked whether the residents would have to do anything new to comply
with the agreement. Mr. Gary Preston, Director of Public Works
commented this was basically to amend the document to meet the new
State laws. He noted there would be no changes for the residents. He
explained Nichols Sanitation would provide all the data that is required, so
there would be no changes for the Village. Council Member Genco noted
the Village is required to do this every so many years. Mr. Preston agreed
and noted this was the 7~' time the Village has extended the agreement.
Council Member Genco commented when she read the description she
thought something may have changed something in the way the residents
do their recycling. Mr. Preston indicated everything remains the same.
Mayor Humpage mentioned as he was going through the document, he
noticed that the paper can now be mixed together. He noted they were so
adamant about it only being newspapers, and now it can be mixed paper.
Vice Mayor Watkins noted how interesting it was to read the document.
MOTION: Council Member Genco moved to approve Resolution 02-05/06; seconded
by Council Member Resnik; motion passed S-0.
Village Manager Couzzo indicated for the record the agreement would be from October
1, 2005 through September 30, 2007.
END OF ITEMS REMOVED FROM THE CONSENT AGENDA
VIII. COMMUNICATIONS FROM CITIZENS
Mr. James Gibbs, resident of Beacon Street mentioned for the record his
comments regarding the Police Department public relations. He indicated he has
since spoken with Police Chief Steve Allison who apologized about the incident.
He went on to explain that he went in to see the Chief or Lt. Ricciardi, and Sgt
James Pike came out and acted like a drill instructor, even though he had never
been in the Military. He stated Sgt. Pike said "no one can see them, unless they go
through me". Mr. Gibbs pointed out he has been going over to the offices for
years, even before the new building was built, and if the Chief or Lt. Ricciardi had
the time they would come out and take him to their office. He mentioned Sgt. Pike
asked him if he had ever been in the military, and Mr. Gibbs responded yes, so
Sgt Pike said then he understood the chain of command. Mr. Gibbs mentioned to
Sgt Pike that while he was in the military he had activities so sensitive that he was
under the control of three Congressmen and a Senator, and that he communicated
with the General of the Third Army. He stated, Sgt. Pike just laughed. Mr. Gibbs
. felt Sgt Pike was very arrogant. He suggested the Chief write a written reprimand
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• on Sgt Pike for the record. He felt people like that do not need to be in the
Tequesta Police Department if he is like that with everyone.
Mayor Humpage expressed that he and Council apologize for incident, and noted
it is the position of the Village that the Chief or any department head, and Staff
members be accessible to the public.
IX. COMMUNICATIONS FROM COUNCIL
COUNCIL MEMBER GENCO
- Mentioned she received a letter dated August 22, 2005, that had been
received on September 22 in the administrative offices, regarding the fire
station; stating that they wanted to renew an additional three-year lease.
She questioned whether Staff was proceeding with this issue. Mayor
Humpage indicated he was going to bring the issue up, that Staff could do
some homework between now and next month. Council Member Genco
asked whether is would be on next months agenda. Mayor Humpage
responded in the affirmative.
COUNCIL MEMBER PATERNO
- Explained he and Fire Chief Jim Weinand, another fireman, and two
police officers went to deliver the rescue truck. He noted they did find a
department that needed one, and pointed out they had only one rescue
• truck, and use of a pick up truck as the second vehicle. He commented
their Gulf Coast community was hit severely by the hurricane, and that the
Chief, along with his wife and daughter were living at the office, because
their house was destroyed. He noted the Village dropped off the
ambulance, along with toys, medical supplies, and donations from Village
residents and community businesses, to Mississippi. He stated it was a
long ride there because some of the interstate bridges were out, and boats
were in the middle of the freeway. He explained the surge was 20 feet, and
that is something the Village needs to consider when there is a hurricane
out there above Category Three. He stated the Village could get a surge
that high. He noted they were along the water `s edge and all that was left
were slabs, and everything was piled up against the last house where the
surge ended.
Council Member Paterno stressed it was a very enlightening trip, to say
how fortunate the Village has been in the past. He suggested Council and
Staff needs to keep in mind for the citizens, in the future, that if there is a
hurricane coming in and there is going to be a 20- foot surge that the
residents should probably need to the evaluated. He noted winds were one
force, but the surge could be incredible with what could happen. He
encouraged the residents for any help they could give, because the Gulf
Region could use all the help they could get. He commented the Town that
the Village donated the ambulance to had approximately 20,000 residents,
• .and only one rescue vehicle. He pointed out that brought to his attention
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• how fortunate the Village of Tequesta was to have a great fire and police
department, and that it made him have an appreciation for what he has. He
suggested everyone should think about that and help out their neighbor if
they can. He noted it was very difficult for him at times, just thinking
about the children, and the people in need. Mayor Humpage thanked
Council Member Paterno as the Council representative and the other Staff
for going to the area and delivering the ambulance.
VICE MAYOR WATKINS
- Thanked Council Member Paterno for taking the trip and delivering the
ambulance. She wanted to express her appreciation to the Council for the
support of, and the ability to donate the unit on behalf of the Village
residents. She thanked Dr. Jennifer Ward, of Pediatric Partners who
donated baby medicines, diapers, and baby formula, along with other
things. She noted the truck was packed, and it was a wonderful thing to
watch the ambulance take off. She mentioned being personally touched by
this, because she has family from there, and that they will live there again.
She noted it was just a catastrophe, and hope that no one ever sees that
again. She noted, she was speaking with the people over at Tequesta
Country Club who asked her to come and talk to the residents about the
ambulance and her family. She noted a question was asked if the Village
should have a list of the shut-ins who may or may not be able to get
information, or have a mechanism in place to get out. She mentioned the
Village does have an Emergency Evaluation Plan in place, but the Country
Club people asked if she would bring the idea forward as a suggestion.
She mentioned the Club was looking forward to installing a generator that
would keep them up and running in the event of a storm. She noted they
would be willing to work with the Village to have it as a benefit to the
residents, if there was a need for that.
Vice Mayor Watkins noted she is very grateful to live here, and to have
Council Member Paterno and the others go and donate the ambulance.
COUNCIL MEMBER RESNIK
- Mentioned he and the other Council Members received an email,
regarding a group of people, including Tequesta's Firefigher, Peter Allen
who is serving up in the Katrina area as emergency medical personnel. He
noted Mr. Allen gave Council a very descriptive report of the casualties,
and people they were servicing in the emergency shelters. He felt this
team needed to be recognized also for their efforts.
- Groundbreaking for New Village Hall -Mentioned on September 18,
2005 Village Manager Couzzo and Assistant Village Manager Garlo have
expanded the "Friends, Family's of Tequesta Celebration" to include
recognition of Hurricane Katrina relief efforts. He felt that event has been
very well designed and he thanked them for doing that.
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•
MAYOR HUMPAGE
- Fire Station # 11 Lease Renewal - He asked if it was the Consensus of
Council he would place it on next months Regular agenda. He mentioned
that Letter Council Member Genco was referring to earlier in the meeting
came to him, and he brought into the office, and asked that Council be
given a copy. He mentioned at the time the letter came in, Fire Chief Jim
Weinand was in the office, and the two of them suggested Council be
provided a copy of the current lease agreement to .review. He suggested
Council contact the Chief for any questions or information, so that they
could discuss next month. Village Manager Couzzo questioned whether it
would be an item for discussion only. Mayor Humpage agreed for
discussion only, not for Council action. Village Manager Couzzo noted in
speaking with Chief Weinand he indicated he could have Chief Brice from
Palm Beach County at the meeting to discuss further the three-year lease.
Council Member Genco suggested placing it on the agenda, and if Council
had any questions, they could table it. She felt that way if everything was
good, because apparently they want to get it approved in September.
Mayor Humpage asked if Council wanted to put it on as an action item.
Council Member Genco suggested that way it could be signed in
September, and at least if it was an action item, Council could take action.
• Mayor Humpage asked Council if they would want Chief Brice present at
the meeting. Council Member Genco noted if after looking over the
documents if there was a need for Chief Brice to be at the meeting,
Council could have him at the meeting.
Council Member Paterno questioned whether the lease expired in January.
Mayor Humpage indicated it expires in June 2006. Council Member
Paterno asked if it was possible to have it as a discussion item in
September and approval for October. He felt Council has time, and could
add some to the lease. Mayor Humpage noted the County was trying to get
the lease signed in September so they could have a plan of action. He
mentioned Council would be pushing them off to October at this point,
and they need to decide whether they have to realign the troops, if the
Village does not decide to renew. He stated he did not know what all the
County issues were at this time. Council Member Paterno mentioned
concerns on the Village's issues first. Village Manager Couzzo felt they
bid for stations at this time of the year, and they wanted to make sure they
had this station locked in for the next three years, so the people could bid
on being at this station, or not being at this station. Council Member
Paterno pointed out this was a complicated issue, and it may take a little
time to think it through. Mayor Humpage felt Council could do it as an
action item, if Council could meet with the Chief. He felt the Chief had
great suggestions, that it would benefit the Village in how to handle this.
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. Council Member Genco noted if Council only has it as a discussion item,
with no action, then they can not do anything. Council Member Paterno
noted Council could also table it if needed.
Village Manager Couzzo suggested adding the item to the September 15,
2005 Council Workshop for discussion. Council Member Paterno asked
what the subject was for the Council Workshop. Village Manager Couzzo
noted the agenda for the Workshop included discussion on C-2, Growth
Management Issues. Council Member Paterno noted Council would need
to allot enough time, because Chief Weinand may need more time.
Council Member Genco noted regardless the item would still need to be
listed as an action item. Council Member Resnik asked Council if they
wanted to have the fire station as an action item, even if Chief Brice was
not present. Mayor Humpage clarified Council would do it as an action
item on the next Regular agenda, but Chief Brice did not need to be at the
Workshop. Council Member Genco suggested Council express their
interests in what they would like Village Manager Couzzo to have for the
next meeting, independent of the agenda. Mayor Humpage noted Chief
Brice was fine with it coming in October.
Village Manager Couzzo suggested after the Workshop if Council wanted
Chief Brice at the October Meeting then he could let him know. Council
Member Resnik noted he felt the County did not want to do this lease.
Village Manager Couzzo indicated the County changed their position.
Consensus of Council agreed to do Fire Station # 11 as part of the
Workshop agenda, and put it as an action item for October.
- Mentioned he spoke with Congressman Mark Foley's local representative,
Mr. Bradley Scrible, and he was aware of what the Village was doing
regarding the ambulances. He noted Congressmen Foley is introducing
legislation in the House to separate FEMA from the Department of
Homeland Security. He mentioned he wanted Council to know, and felt
they would hear something from him in writing. He mentioned when the
Village Staff and Council Member Paterno left with the ambulance they
were joined in a convoy with City of Boca Raton, who donated two
ambulances. He noted they had stripped all their information from the side
of the ambulances. He mentioned once they would get to their designation
no one would know where it came from. He mentioned Mr. Richard
Goldberg, from Sir Speedy donated abanner/decal stating "Gift from the
Village of Tequesta, Florida. He commented the Village wanted the
people that received it to know where it came from.
X. DEVELOPMENT MATTERS
18. Council approval for a Site Plan Review for Turtle Beach Construction
Offices, located on the east side of U.S. Highway One.
•
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Mr. Jack Horniman, Village Planning and Zoning Consultant, JLH
Associates, noted Turtle Beach is a proposed Commercial development
located on U.S. Highway One. He mentioned the site plan review has gone
through the Planning and Zoning Advisory Board and has received their
recommendation and approval. The reviewed the three issues that was
discussed at the Planning and Zoning Board meeting: 1) landscaping of
the alley which lies behind their site, and outside of their property; 2)
lighting issues in the back; and 3) garage doors in the parking area for
security purposes. He felt they have adequately addressed those issues. He
mentioned Mr. Brian Cheguis from Cotleur & Hearing was present to
make his presentation to Council.
Mr. Brian Cheguis, Cotleur & Hearing, and representing the owner
mentioned the project was before Council over 1 %2 ago for the zoning,
land use and annexation into the Village. He noted since then the owner
has left the Atrium building in North Palm Beach and moved to Jupiter,
and now the owner was very interested in relocating their corporate
headquarters to Tequesta. He noted the applicant was here to ask Council
for Site Plan approval this evening. He noted the plans have not changed
since the last visit to Council, just some minor tweaking of the plan. He
gave a brief history of the site location, noting it was on the east side of
U.S. Highway One, between Harbor Court and Palm Court, with Jupiter
Heights subdivision to the east of the project site. He mentioned this is a %2
acre site, and is zoned C-2, Community Commercial, and this use is a two
story office building with under building parking and storage, and
mechanical space. He noted the parking meets the requirements of the
code, and the site meets all the land use regulations. He noted it is the
intent of the applicant to improve the alley behind the development, since
speaking with the adjacent residents and their concerns with the new
building coming in. He felt the alleyway is integral to the site design, with
parking under the building, and access to the alley from Palm Court. He
noted what the applicant was proposing was along the east side of the
alley, they were proposing to put in a 5 foot landscape buffer, above and
beyond the on-site landscape buffer, to further protect the residents across
the alleyway. He noted they proposed to pave the alleyway, and put in
drainage facilities. He felt that would provide excellent access for the
adjacent residents to use for walking, cycling, etc.
Mr. Cheguis noted the building style would be Mediterranean,
approximately 8,000 square feet of office use, and be the corporate
headquarters for Turtle Beach Construction, and some office space for
lease. He noted the amenities included paving, pavers throughout the site,
architectural elements adjacent to the pedestrian walkway and adjacent to
the vehicular access point into the site. He mentioned the site is
completely compliant with the American Disability Act (ADA) for access
and parking under the building.
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• Mr. Cheguis noted the project came before the Planning and Zoning
Advisory Board on August 4, 2005 and was unanimously approved by the
Board. He noted the Board raised a couple of issues that the applicant has
no objection with such as: the landscape plan, prepared by Parker-
Yannette, that incorporated landscaping that goes outside the project site
and into the right-of--way on Palm Court and Harbor Court. He mentioned
the County has no objection to the landscaping, or the right-of--way
permits. He noted the second issue that came up was the Board members
asked if the applicant could put lighting across the alleyway to shine back
towards the building, so it would not shine into the adjacent residents
homes. He mentioned they had no problem with the Board's request. He
mentioned the lights would be controlled for photo-metrics so there would
be no light spillage on to the adjacent properties. He commented the third
issue was the garage doors. He noted with the original plan they were
going to have open ending parking at the back of the building, no garage
doors. He mentioned there were resident concerns on the look of the
parking area. He indicated after speaking with Staff it was suggested for
security purposes to have doors there that would be architecturally treated
to look nice, and not cause any security concerns at night with transients
etc. He pointed out the applicant wanted to make sure the residents could
use this alleyway and not have any safety concerns. He noted the applicant
agreed to put the garage doors on the building. He felt with all the features
. it would be a premiere building for the Village. He noted the applicant
wanted Council to know that they will be a great corporate citizen, and an
excellent neighbor to the surrounding residents.
Council Member Genco commented that it was a great building. Council
Member Resnik agreed. Vice Mayor Watkins indicated she was glad to
see all the landscaping in the front of the building on the U.S. One side.
Council Member Genco noted the applicant has not asked for any
exemptions or waivers. Mayor Humpage pointed out the alleyway belongs
to the County, not the Village. Council Member Genco asked if the
applicant would be getting a letter from the County. Mr. Cheguis indicated
they will be able to develop the alley through the Palm Beach County
Engineering and Permitting department. He suggested it would be an
excellent addition to the Village to annex in an improved alleyway. He felt
it worked for the residents and the applicant, and was an improved
amenity for the Village. He explained that might be a Staff initiated
annexation request in the future. He noted the County has no intention of
doing anything with the alleyway, because it serves no traffic purpose for
them. Council Member Genco asked if they wanted to have the County
abandon the alleyway. Mr. Cheguis noted they would prefer that the
Village take it on. He indicated it was designed to meet the Village's
emergency services requirements. He noted they met with Fire Chief
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Page 17
James Weinand, and he accepted the design of the 12 foot paved area with
5 foot landscaping on one side.
Mr. Cheguis mentioned the County was concerned that as long as it met
the Village requirements that they had no issues with the applicant
improving the alleyway. Council Member Genco felt Attorney Roselli
would know this better, but the County could abandon the easement in the
applicants favor, then the applicant could let the Village know that they
wanted to annex the alleyway into the Village. Attorney Roselli agreed
that would be the easiest way. She noted there is an abandonment process
that is somewhat lengthy. Council Member Genco indicated that would be
so much easier. Council Member Paterno noted there was one issue that
needed to be addressed. He commented he was all for the project, but in
reference to the alleys, for consistency, he noted Commissioner Karen
Marcus at their workshop was interested in the Village taking all those
alleys. He agreed he would be more inclined for the Village to take all
those alleyways, so that the Village has an alleyway going all the way
through, and then they could regulate it. He mentioned Commissioner
Marcus was willing to work with the Village, and felt it would be better
then giving a part to each individual properly. Village Manager Couzzo
noted this was the most southern property and everything else was to the
north. Mr. Cheguis indicated the applicant represents the first portion of
the alley.
Council Member Paterno noted he would rather see the Village take the
alley than the applicant taking the alley. He questioned how the garage
doors were going to open, whether they would fold out or roll up. Mr.
Cheguis noted the architect will design them so that they roll up into the
building. Council Member Paterno noted his concern that they not flip out
into the street. Mr. Cheguis indicated he felt the architect should be able to
accommodate that request, if it was a concern. He indicated Council could
make that a condition of approval. Council Member Paterno asked if the
applicant would agree to that. Mr. Cheguis agreed to roll up doors as a
condition of approval. Council Member Paterno questioned whether the
applicant had the letter from the County regarding the landscaping.
Council Member Genco noted they did not have the letter yet.
Mr. Jeff Newell, former Director of Community Development and now
the Director of Planning, Zoning, and Building for the Town of Jupiter
Island commented in reference to the alley. He mentioned Assistant
Village Manager Garlo met with Lisa Lowe, PBC Planning Department,
and what they were willing to do when Council is ready to take possession
of the alley, it could be done through an Interlocal Agreement. He noted in
reference to the letter from Palm Beach County, the letter is on file in the
Community Development Department concerning the permission for the
• landscaping of the right-of--way and the alley. Council Member Paterno
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questioned whether the applicant was going to utilize FPL lighting or if
they were going to put it underground in the alley. He mentioned concerns
with the applicant putting his lights out on Village property. Village
Manager Couzzo questioned where lights were going to be located in the
alley. Mr. Cheguis noted based on the Planning and Zoning Board desire,
they would like to see the lights placed across the alleyway in the 5 foot
landscape buffer, shining back across the alley to their building. He
indicated their concern was for any spillage of lights back on the
residential neighborhood. He mentioned the applicant did not see it as a
problem, but it would have them in the Village right-of--way. He noted the
lights would be in the 5 foot landscape buffer, free and clear of the
emergency vehicle 12 feet wide emergency clearance. Council Member
Paterno noted he was not in favor of the applicant putting their equipment
on Village property, as far as liability concerns. He asked whether there
was any FPL poles in the area, so if the alley was torn up the Village
would not be responsible for the lighting. Mayor Humpage indicated the
Village would have to give the applicant a utility easement.
Village Manager Couzzo asked if they could do real lighting off the
building. Council Member Paterno suggested the lights could be shined
upward or downward. Village Manager Couzzo noted the downward
lighting could be pointed down and shielded in. Mayor Humpage
suggested Goose necked lighting. Council Member Paterno agreed. Mr.
• Cheguis clarified that the applicant would provide lighting on the building
with it shielded down, to ensure there is no spillage to the residential. He
noted it was achievable. Council Member Resnik asked if the applicant
could mount the poles on the building and have it shine down. Mr.
Cheguis agreed that could be done. Village Manager Couzzo noted they
could also mount the lighting in the soffits. Council Member Paterno
mentioned there were a lot of options for the lighting. Council Member
Paterno questioned the stairs on the drawing coming out the back. He
asked whether that was a walkway or a door. He asked if the door opened
out to the street. Mr. Cheguis responded no.
Vice Mayor Watkins commented it was a very nice project, and a real
asset to the Village. Council Member Paterno agreed it was a great project,
an asset to the community, and the type of property/renovation he would
like to see. He felt it added a lot of character to the community; and it
would set a precedence of the neighborhood to bring things up to code. He
mentioned it met all requirements of the code, and it does not need any
exemptions. He felt that was the most important issue, that this is the kind
of project the Village wants, and the type of Tequesta the residents like to
have. Village Manager Couzzo asked the applicant to amend their design
to incorporate the rear lighting, to light the rear of the property and not
spill to the adjacent property owners. Council Member Paterno noted the
• roll up doors was also a condition. Mr. Cheguis agreed. Council Member
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• Genco asked the Village Manager to pursue separately an Interlocal
Agreement with Palm Beach County. Mr. Couzzo agreed. Council
Member Paterno asked whether the street on the south side was owned by
the Village, or Palm Beach County. Village Manager Couzzo indicated it
was County owned. Mr. Cheguis commented Harbor Court and Palm
Court are County roads. Village Manager Couzzo suggested this would be
an annexation discussion for a future meeting. Council Member Paterno
asked if the Village would be looking to annex the two streets and the
alleyway. Village Manager Couzzo noted Staff could look at that
possibility. Council Member Paterno suggested annexing from the rear of
alley to U.S. Highway One, along with the alley. Council Member Genco
noted anything adjacent to the property line. Council Member Paterno
agreed everything all round and abutting the property should come into the
Village.
MOTION: Vice Mayor Watkins moved to approve the Site Plan for Turtle Beach
Construction Office, subject to the following conditions: 1) Lighting be on the building
and shielding in a way that no spillage would go into the adjacent residential
neighborhood; and 2) design the garage doors so that they roll up into the building;
seconded by Council Member Genco; motion passed 5-D.
XI. NEW BUSINESS
• 19. .Council approval for a proposal for engineering services in connection
with the renewal of the South Florida Water Management District
(SFWMD) Water Use Permit to Arcadis Reese Macon and Associates,
Inc.
Ms. JoAnn Forsythe, Director of Finance and Chair of the Negotiating
Committee commented the Negotiating Committee was established to
negotiate for Professional Engineering Services and because of the time
urgency in getting the Consumption Use Permit. The committee
extracted the Water Use Permit out of the negotiations and were bringing
it before Council. Council Member Genco questioned whether this was
one of the projects of the $184,000 that Council approved about 3 months
ago. Ms. Forsythe noted it may have been part of that approval. Council
Member Paterno asked whether the original amount was for $25,000, and
now the bid was down to $15,000. Village Manager Couzzo indicated the
original amount was $24,000. Council Member Paterno pointed out this
could be potentially a $9,000 reduction for the Village. Village Manager
Couzzo commented Ms. Forsythe is the Chair of the committee, but Staff
has tried to minimize the amount of time that was needed and have some
of the permitting done by Staff by providing the backup data needed for
them to submit to the SFWMD. He mentioned the Village's relationship
with the District has been real good, and indicated there was an article on
• the cover of the Post neighborhood section about the Village's well. He
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Page 20
• noted the District was very pleased with the Village taking the lead in
developing alternative water supply other than Surficial wells. Council
Member Genco questioned how long it took the committee to negotiate
the cost. Ms. Forsythe indicated it was over 3 meetings, and not real easy.
She mentioned the committee had to go in and sit with one group from the
engineering office, and they were not exactly happy with the figures the
committee was giving them, so they brought in a second group of people
and negotiated with them. She noted what the committee was able to do
was come to agreement on this portion. Council Member Genco noted if
the Village does not have to do the modeling, which the Village may not
have to do, then that would be the only expense. Mayor Humpage agreed
that would be a good expense to lose. Village Manager Couzzo
commented the Village was trying to secure a 20-year permit for all the
Village's needs. Vice Mayor Watkins thanked Ms. Forsythe for the great
job.
Council Member Paterno questioned the provision on the 10% handling
charge for subcontractors in the contract. He asked if it was possible to be
invoiced directly to eliminate the 10%. Council Member Genco felt they
were not allowed to use that. Village Manager Couzzo noted that could be
possible, but felt that was part of their agreement, and did not see a
problem in removing this. Council Member Paterno suggested deleting
that language from the agreement. Council Member Genco stated the
• Florida Statute that regulates this says that they can not subcontract
anybody. She noted if they subcontract, that is their issue, and not ours.
Village Manager Couzzo commented Attorney Hawkins was still working
on a legal opinion on that issue. Council Member Genco felt the language
in the statute was very clear. Council Member Paterno indicated he would
like the contract to be amended to delete the 10%. Village Manager
Couzzo indicated he did not see a problem with deleting the language.
Council Member Genco noted the State of Florida has basically taken the
position that when someone goes through a proposal and hires a
contractor, and if the contractor chooses to subcontract something, that is
his business, it is not the Village's, and that the Village would not be
involved in that in anyway. She noted the statute says more, but that was
the easiest way to explain it. Council Member Resnik indicated the
subcontractors invoice would not come to us, because the Village was not
subcontracting the work. Council Member Genco agreed.
Mayor Humpage noted for example if he was to contract work for
$10,000, and the contractor chose to subcontract any of the work, the
owner still only pays the contractor $10,000. Council Member Genco
noted because it was the contractors choice to subcontract, why should the
Village pay the 10%. Village Manager Couzzo indicated they were not
present to agree to those terms, but that he would put forth the contract
• with the 10% being deleted, and they would assume those costs in their
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. business operation. Mayor Humpage noted Council could approve the
contract with that stipulation. Village Manager Couzzo indicated they
would amend the agreement to eliminate the 10%. Council Member
Paterno stressed what Council Member Genco stated was that the
contractor would not bill the Village at all for any subcontractor, that they
are not allowed. Council Member Genco commented that was correct.
Mayor Humpage felt the contractor would incorporate the subcontractors
price in their price. Attorney Roselli indicated when the price is bid, it
includes all costs. Council Member Paterno agreed the Village should not
have any bills from subcontractors. Village Manager Couzzo stated, for
example, in another project if the contractor had to get a survey done,
since they were not surveyors they may pass that cost along, but in this
Consumptive Use permit those type of things do not apply. Attorney
Roselli noted it could be a private sector type thing. Council Member
Genco commented the contractor could use somebody to handle one of the
opinions on the water resources, or pump capacity. She stressed that
would not be the Village's business, because it is the contractors work
product. Mayor Humpage felt it may not be an issue, that this was
probably a broiler plate type of document. Council Member Paterno
indicated then they should not have an issue with deleting the language.
Village Manager Couzzo indicated the language was on Page 2 of 3.
Council Member Resnik questioned whether the Village was going to
prohibit the contractor from subcontracting work. Mayor Humpage
responded no. Council Member Resnik noted the only thing was to
eliminate the language of them charging the Village for their
subcontractors. Village Manager Couzzo suggested eliminating the entire
sentence regarding the 10%. Council Member Genco suggested
eliminating the first sentence, and the sentence regarding the 10%. She
noted "invoices for services" is where the paragraph should begin. Council
Member Paterno agreed.
Attorney Roselli pointed out when negotiating contracts, she would never
allow the government to be charged interest. She noted govermment
usually pays on time, and with the Prompt Payment Act, that regulates
government payment of invoices. She indicated she .had never had a
problem getting rid of these interest clauses. She noted this was just a
suggestion. Village Manager Couzzo recommended Council approve
Attorney Roselli suggestion to eliminate the language regarding interest.
Village Manager Couzzo suggested eliminating the last two sentences, and
stay with the middle sentence only. Attorney Roselli suggested the only
sentence to remain would be the Invoices are due payable within 30 days.
MOTION: Council Member Genco moved to approve the proposal for engineering
• services in connection with the renewal of the South Florida Water Management District
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• (SFWMD) Water Use Permit to Arcadis Reese Macon and Associates, Inc, subject to
eliminating all the language in the paragraph, except the one sentence regarding
invoices to be paid within 30 days; seconded by Vice Mayor Watkins; motion passed S-0.
20. Council appointment of a "Resident Member" to the Public Safety
Officer's Pension Board of Trustees fora 2 year term.
Village Clerk Carlisle mentioned in the Council packets there were four
people who applied to be the one "Resident Member" that is available on
the Public Safety Officers Pension Board of Trustees. She noted it was up
to Council's discretion of selecting one of those people as the resident
member. Council Member Genco indicated the Pension Board did make a
recommendation to appoint Mr. Ken Nielson to this Board.
Council Member Resnik noted one of the applicants was present, and
maybe Council would like him to say a few words. Council Member
Genco noted there is another Board, the General Employees Pension
Board that has an opening. Mayor Humpage noted most of the applicants
have applied for both Boards. Council Member Genco felt maybe they
could have Mr. Mangum speak when Council does the appointments for
the General Employees Pension Board. She commented this appointment
was for the Public Safety Officers Board. Council Member Resnik
suggested this would be a good time to let the gentleman speak. Council
Member Paterno agreed to go ahead and let Mr. Archie (Ace) Mangum
speak, and he understood the recommendation of the Public Safety
Officers Board, and Council could carry Mr. Mangum's comments
forward.
Mr. Archie (Ace) Mangum, resident of Fairview West indicated Council
has his resume as part of the packet, and would let it speak for itself. He
noted he was questioned at the previous Public Safety Board Meeting
about his experience. He pointed out he has almost 35 years worth of
national public accounting firm experience, and one of his specialties was
auditing municipalities which included their pension plans, and also
auditing a lot of pension plans for major corporations. He commented he
was familiar with pension plans. He noted he retired 15 years ago, since
that time he has worked on Staff of the Public Oversite Board with the
American Institute of CPA's doing quality control work. He mentioned he
quit that 1 %Z years ago, so now he was looking for something else to do.
He noted currently he is chairman of Trustees of the Tequesta Country
Club pension plan, and have been for a number of years. He commented it
is a relatively small plan, approximately 30 employees, down from the 60
employees, before they outsourced the golf course employees. He stated
he is familiar with large plans and small plans, and would be happy to
serve on either board.
•
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• Vice Mayor Watkins thanked the four people who were interested in
volunteering for the Village. Council Member Genco stated the Village
had some incredible applicants, and very well qualified.
MOTION: Council Member Genco noted because the Public Safety Officers Pension
Board recommended that the Council appoint Mr. Ken Nielson for this Board that she
would move to approve Mr. Ken Nielson to the Board; Vice Mayor Watkins seconded the
motion.
Council Member Resnik commented he had no knowledge of Mr. Nielson at all to vote.
Mayor Huinpage indicated he was relying on the Board's judgment. Council Member
Genco commented the Board had interviewed all the applicants, and they all came and sat
through the Board Meeting. She noted she was really impressed, and could not wait for
another opening.
Motion passed S-0.
21. Council appointment to the General Employees Pension Board of Trustees
fora "Resident Member".
Village Clerk Carlisle mentioned Mr. Carl Hansen has been on the Board
for a while now, and he wanted to give up his position because he felt the
other four applicants were very well qualified, and thought it would be
• time for some else to take the position. She indicated it would be up to
Council to decide out of the four members. She noted Mr. Ken Nielson by
the last vote was appointed to the Public Safety Board, and he would not
be eligible to serve on this Board.
MOTION: Council Member Genco moved to approve appoint Mr. Archie (Ace)
Mangum to the General Employees Pension Board; seconded by Vice Mayor Watkins;
motion passed S-0.
Vice Mayor Watkins thanked Mr. Mangum.
22. Council appointments to the Planning and Zoning Advisory Board.
Village Clerk Carlisle indicated Mr. Jeff Robbins has been a long time
member. of the Planning and Zoning Advisory Board, unfortunately he has
sold his Tequesta home, and has moved to Martin County, so he could no
longer be a resident member. She explained there are two gentlemen that
are interested in serving on this Board: Mr. Charles Reinwald, Beach
Road, and Mr. Russell von Frank of Dover Road. She mentioned Mr. Carl
Blase, of Beach Road is already serving as an alternate member. She
pointed out the ordinance states the members should come from different
areas for diversity on the Board. Council Member Genco indicated there
• was one full member, and one alternate member position available on the
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Board. Ms. Carlisle agreed. Council Member Genco asked if someone
• from Beach Road could not be appointed as a full member. Village Clerk
Carlisle explained Mr. Carl Blase can be appointed as a regular member to
the Board, but he normally leaves for 6 months of the year, so he could be
the regular member and Charles Reinwald could substitute as the alternate
member when he Mr. Blase is away, so that would cover Beach Road. She
commented otherwise Council could go with Mr. Von Frank and have him
as a full time member. Council Member Genco felt it did not make sense
if Mr. Blase was only available half a year why not leave him the alternate
member. Village Clerk Carlisle indicated Council could do that also, but
usually the members like to move up and serve as a regular member
before bringing someone totally new in to serve as a regular member from
the same area. Council Member Paterno indicated that was usually the
case, but agreed with Council Member Genco that if the member is not
going to be present 6 months of the year, he would find it very difficult for
the Board to operate, so what would end up happening is one alternate
would be on for six months, and other would be on for six months, which
could be a potential problem. Village Manager Couzzo mentioned when
Council appointed Mr. Blase he indicated he was out of town six months,
and wanted Council to be aware of that, and if they wanted him to serve as
an alternate he would be willing to do that. Council Member Genco
indicated at that time there were not very many applicants, and Council
was more than happy he had that flexibility.
•
Council Member Resnik questioned whether anyone had any idea of how
much he has served on the Board as an alternate. Village Clerk Carlisle
commented he has been to every meeting when he is here during the
winter months. She mentioned he has served in the capacity as the
alternate member serving as regular member because someone was absent.
Council Member Resnik asked if the Board had an alternate member #2.
Village Clerk Carlisle indicated Alternate #2 is vacant at this time. She
mentioned somewhere in the history of the records, Council had voted Mr.
Robert Young to be on this Board. She indicated she did not know what
happened before she came to work at the Village, but he has never showed
up for a meeting, he has never contacted her, and that he was contacted
many times to see if he was still interested. Council Member Resnik asked
if Council could appoint an alternate #2 and a regular member this
evening. Village Clerk Carlisle indicated that is the appointment before
Council this evening. Council Member Genco noted Council could make
Mr. Charles Reinwald a full member. Vice Mayor Watkins indicated she
understood he was here all year long. Village Clerk Carlisle explained she
spoke with Mr. Reinwald many times and he has indicated to her that he
does live here year round. Council Member Genco noted she liked the
fact that Mr. Reinwald was an attorney, and felt that might help the
Planning and Zoning Board somewhat. She commented she knows that the
• Village has an attorney at the meetings, but felt it could be really useful.
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• Village Clerk Carlisle mentioned he would be excited to be selected as a
Regular Board Member. Mayor Humpage commented it is hard to get
people from the Beach Road area interested in volunteering, noting that
Mr. Blase is very interested by just not here all the time. Council Member
Genco stressed it is not consistent if the Board is in the middle of doing
something, and Mr. Blase is not here for the next meeting. Council
Member Paterno commented if Mr. Blase is in town, and he stays as the
alternate; he probably would be more than happy to stay in that position.
Mayor Humpage suggested Mr. Von Frank as Alternate #2, and Mr.
Charles Reinwald as the regular member. Council Member Genco agreed
that would be a good solution. Mayor Humpage noted he does bring
something to the table as far as his background, and having him from the
Beach Road area, and giving them the opportunity to be involved in the.
Village. Village Clerk Carlisle mentioned Mr. Reinwald has been involved
with zoning boards in the past. Vice Mayor Watkins thanked both the
applicants for volunteering.
MOTION: Council Member Resnik moved to approve Mr. Charles Reinwald as the
Regular Member fora 3 year term, and Mr. Russell von Frank as the Alternate #2 fora 2
year term to the Planning and Zoning Advisory Board; seconded by Vice Mayor Watkins;
motion passed S-0.
23. Council's consideration to schedule a date, time, location, and topic for the
next Village Council Workshop Meeting.
Mayor Humpage noted previously in the meeting the September 15, 2005
workshop would be addressing the Fire Station #11 and C-2 Commercial
Zoning District. He indicated this workshop would take place in October.
Village Clerk Carlisle mentioned one issue that was still outstanding was
the Council Goals and Objectives. She noted Council did not compile a
list, or come to a conclusion. Village Manager Couzzo indicated Council
reviewed all the goals and objectives, but Council would need to select
them. He felt that would be an item that could take up a good part of the
Workshop. Mayor Humpage agreed. Village Manager Couzzo suggested
having the Clerk contact Council to set a workshop date. Council Member
Genco asked the topic. Village Manager Couzzo indicated it would be
Council's goals and objectives. He felt this would give Council the change
to narrow the list. Council Member Genco asked what the other goals and
objectives workshop covered. Village Manager Couzzo explained Council
just recently had a workshop on Council's goals and objectives, where
Council submitted their ideas, and Council discussed each one, but noted
nothing was decided. Vice Mayor Watkins agreed. Council Member
Paterno commented because Council wanted Council Member Genco's
input on the goals and objectives.
•
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• Mayor Humpage indicated he read Council Member Genco's goals and
objectives into the record at the last workshop. He noted all of Council
needed to be present to prioritize the goals and objectives, because the
Village may not be able to afford to do all the things. Council Member
Genco asked what was done at the workshop. Council Member Resnik
noted the basis was to take everyone's goals and objectives, review them,
and come up with a number of goals and objectives, in other words pick
out five, and prioritize them, and say these are the goals and objectives
that Council wants for the upcoming year. Mayor Humpage noted for
2005/2006. Council Member Resnik noted he did not want to see 20 goals,
that Council should pick out a reasonable amount. Council Member Genco
asked if the list was narrowed down. Mayor Humpage noted there was
about 18 or 20 that need to be prioritized. Vice Mayor Watkins suggested
each Council Member come to the Workshop with what they think is their
top priorities. Mayor Humpage noted he only had five objectives. Council
Member Resnik indicated he only had three objectives. Council Member
Genco indicated now that Council has had a change to read everyone's,
they could change also. Mayor Humpage asked the Clerk to pick a date in
October and get with Council. Village Manager Couzzo agreed.
24. Discussion and possible action regarding the Performance Recognition
Compensation (PRC) for Village Manager Couzzo.
. Mayor Humpage noted there had been discussion previously at a Council
Workshop. Council Member Genco questioned why the Performance
Recognition Compensation (PRC) was not listed on the agenda. Village
Manager Couzzo indicated it was on the agenda. Village Clerk Carlisle
agreed. Council Member Genco mentioned the item was not on the agenda
when she left, but was on the agenda when she returned. Village Clerk
Carlisle reiterated it was always on the agenda. Mayor Humpage indicated
it was on this Workshop agenda. Council Member Resnik noted he had an
understanding that it was a consensus for that workshop. Council Member
Genco felt the workshop was just to be goals and objectives. She felt
Council should understand how she feels, but it was ok. Vice Mayor
Watkins commented Council wanted to wait until Council Member Genco
came back to have discussion on it. Council Member Genco commented
her feeling was the PRC was not on the agenda, when she received a copy
of the draft agenda, and she noted apparently Council discussed the PRC,
and had she known that, she felt it was something she should have known.
Vice Mayor Watkins noted it was on her agenda. Mayor Humpage asked
if the agenda was emailed or put in the boxes. Village Clerk Carlisle noted
the packet was delivered the Friday before the Council Meeting. Mayor
Humpage questioned whether Council Member Genco received her
packet. Council Member Genco indicated she was out of town and that she
left on Sunday, and there was nothing on her porch, but there was
• something on her porch when she came back.
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. Mayor Humpage asked if that was the following Friday. Village Clerk
Carlisle indicated she delivered the packet to Council Member Genco's
house on Friday before the meeting. Council Member Paterno suggested
Council Member Genco speak her peace at this time. He indicated he only
received one copy of the agenda, and the PRC was on it for discussion.
Council Member Genco explained it was on the copy left at her house.
Council Member Genco pointed out she did not know what Council
discussed regarding the PRC, and that she was just kind of surprised, and
felt anyone would be. Mayor Humpage noted Council did not have the
minutes. Village Clerk Carlisle agreed the minutes were not ready.
Council Member Genco commented she knew the minutes were not ready,
because she asked for them. Village Clerk Carlisle noted the minutes
were not done, and that she was currently working on those minutes.
Vice Mayor Watkins commented the PRC was on the agenda that came
with her packet. She apologized to Council Member Genco if she was not
aware, because it was said at the workshop that Council would like to hear
Council Member Genco's comments before any action was taken on this
item. She noted the PRC was discussed at length at the Workshop, and the
award of a PRC was a bonus for the Village Manager based on his
achievement, or over achievement of the goals and objectives set forth for
him. She mentioned it was the consensus of the four Council Members
there that Council would offer him for this year, a PRC of $16,000. She
• explained the recommendation was made and discussed, and a consensus
was that in order to make this a little easier in the future that Council
would use a percentage that it would not exceed 15% of his salary for
future years. She noted awarding him a PRC would be based on his
achievement of the goals and objectives for that year. Council Member
Genco asked the Vice Mayor if she was talking about the merit bonus.
Vice Mayor Watkins responded in the affirmative.
MOTION: Council Member Paterno moved that Council maybe should not vote on
this item, until Council Member Genco could review the minutes. He felt it was unfair to
her to respond until she could review the minutes to discuss this item. ('t'here being no
second, the motion failed.)
Council Member Resnik indicated he did not object to having somebody
do that, but when Council has a meeting, and when four out of 5 members
are present, and have a consensus, it seems that should carry the weight,
because Council would have to assume that would be the vote that Council
voted. He commented he realizes that puts Council Member Genco in a
position where she did not have the opportunity to comment. Council
Member Genco noted she has not had any opportunity to comment.
Council Member Paterno agreed, but felt the minutes should be available
for her to review before the vote. He pointed out that if Council Member
Genco does not have the ability to review the notes, she could not have a
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discussion at this point, especially if she felt it was different, and try and
have Council understand her view. He felt it was unfair to Council
Member Genco because she did not review the minutes. He noted this
evening was her opportunity to speak, but she does not know what to
speak about. Mayor Humpage explained Council covered a lot of bases on
how this occurs, and how Council would be doing it in the future. He
noted it has been troublesome trying to figure how to do this PRC. He
agreed with Council Member Paterno that Council Member Genco should
have the minutes. He explained what Council tried to do was change the
game plan at this, because it does become an issue every year, and to set a
criteria, a maximum level. Council Member Genco commented to put a
cap on it of 15%. Council Member Resnik mentioned that was the key
element in the criteria. Council Member Genco commented this time
Council was basically doing the 15%. Vice Mayor Watkins indicated it
was 14.4%. Mayor Humpage agreed, and noted what Council basically
said they wanted to do in the future was have some kind of price index
that this could be figured out. He pointed out for example there were 15
goals, and Council had the 15% cap, Council could take those 15 goals, if
they were doable could assign a 1 % to each. Council Member Genco
commented it could be done prorated or something.
Mayor Humpage commented Council was trying to get somewhere where
there is some kind of consistency in doing this PRC. Council Member
• Genco agreed, and wished that Council had done that a couple of years
ago. She felt that was a great idea, but was a little bit put off that she did
not receive a copy of it ahead, so she did not know about it. She
mentioned she did not think reviewing the minutes would make any
difference, although she appreciated Council Member Paterno wanting to
give her the opportunity. She indicated she sees no reason to have to do
that, but noted she felt everyone needed to be a little more careful in the
future, because it is a very unfair thing. Mayor Humpage agreed, and
suggested Council move forward with this item this evening. He noted no
one was trying to cut her out of the mix, or keep information from her.
Council Member Genco commented she could not help feeling that way.
Mayor Humpage commented he wished Council Member Genco would
not feel that way. Vice Mayor Watkins noted it was very clear that
Council wanted input from Council Member Genco. Mayor Humpage
mentioned Council knows that this PRC comes in October, and Council
knows how the PRC works. Council Member Genco agreed Council
always does it in October. She felt it does seem a little bit thinly guised as
going ahead and doing goals and objectives, and instead of doing that
Council ended up doing the PRC. She noted aside from all of that, Council
needed to take what they have in front of them and deal with it.
Council Member Paterno noted he did not push to get it down to six or
• five, or ten goals because he valued Council Member Genco's
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participation in the goals, and was hoping she could be present to help
Council set them up, because she had a lot of good ideas. He commented
that is why he did not push for it, and everyone else was also trying to
include her. He mentioned if she needed more time to review the minutes,
and give Council her input, he was all for waiting. He noted Council did
not know about her not getting the information, and was under the intent
that she understood, and sent her goals, and that Council was going to talk
about it at the meeting. Council Member Genco mentioned that is way she
only sent her goals, because that was all she thought was going to be on
the agenda. Council Member Resnik commented one thing about the goals
and objectives was that they were going to be for next year, and that
Council was looking at his performance for last year, using what he
achieved last year as the basis for this PRC. Council Member Genco
indicated she understood that, but the whole issue is, the only thing that
she sent was in preparation for the goals and objectives, because that is all
she knew about.
She stated that was the biggest issue for her, not knowing what Council
was doing. She mentioned if Council Member Paterno was saying that if
by her being there at the meeting would have changed the events or the
logic, then she would agree with him 100% that that was a very unfair
situation. She indicated with that being said, it appears to be the desire of
at least three Council members, regardless, to go ahead and do it. Vice
• Mayor Watkins commented in all fairness to all Council members, and she
apologized to Council Member Genco that she did not have the
information, but explained there may be many times in the future where
Council has a meeting, and one of the Council Members were absent. She
indicated she was sure every effort in the future would be made to get all
information to her, or to anyone of Council that may be gone. She
commented at the same time the Village has held a publicly noticed
meeting, and four Council Members were present, and she felt that no one
was doing anything wrong by discussing the PRC. She assured Council
Member Genco and stated she would see in the minutes that she made
comments herself that Council would like to have had her input. Council
Member Genco pointed out that is why Council did not have it, because
she did not know about it. Mayor Humpage commented Council Member
Genco's comments would. have been appreciated, and listened too. He
noted what Council did, and if you she were to look in the minutes, she
would see how Council came to the number that they came to. He
indicated there was a variety of methods that Council got to that
percentile, 14.4%. He noted it had to do with budget and how salaries
were broken out, and it had to do with additional revenues incurred to
Water, and the efforts on Mr. Couzzo's part. Council Member Genco
questioned whether this was only affecting Mr. Couzzo, because she saw
something that gave her a feeling in the packet, when she did get it, that
Council was talking about salaries for other people as well as Mr. Couzzo.
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• Mayor Humpage stressed this was only Mr. Couzzo's PRC. Vice Mayor
Watkins commented it was one of her goals and objectives. Mayor
Humpage agreed it was discussion regarding the goals and objectives. He
noted it was discussed in how does the Village get to these indexes, and
how does Council figure them out. Vice Mayor Watkins indicated Council
just put the goals and objectives on the table, but did not go any further.
Council Member Genco asked whether Council was provided with the
salary information she requested from Martin and St. Lucie County.
Mayor Humpage indicated he spoke with Assistant Manager Garlo and the
Village did receive the information, but he asked that Mr. Garlo hold the
2004 information, because all the information was going to change. He
stated then Assistant Manager Garlo could bring back the 2005 numbers
after October 1St along with the 2004 numbers for comparison. He
commented everyone is going to change because they have new budgets.
He indicated Martin County was included in the information. Council
Member Genco stressed the data that Council uses to make a decision is
the same old data. Council Member Paterno noted the 2004 data would be
the same to compare the Village's 2004 data of Martin County to ours to
see if it's in the same range. Council Member Genco indicated there was
no reason to wait. Mayor Humpage noted then Council would have the
2005 data to see where it is going, as well as to know where the Village
was at, and where they should be. Council Member Genco commented
this could be done as an apple for apple for 2004. She noted her point was
they should get the 2004 information, and if they didn't, why didn't they
get it. Council Member Resnik noted Council did not get the 2004 data
from Martin County or for St. Lucie County. Mayor Humpage commented
the Village did not get it for St. Lucie County, but did receive it from
Martin County. Council Member Resnik noted Council did receive some
2004 data for Palm Beach County, and some Broward County. Council
Member Genco noted that was a request that if Council was going to make
any kind of decisions, that Council has that information. Mayor Humpage
pointed out that was not regarding the Manager, the Council was just
talking about salaries. Council Member Paterno indicated what he thought
Council Member Genco was saying was, did she request the information
at some time. Council Member Genco indicated she requested the
information publicly and privately. Council Member Paterno commented
that information was to be sent to Council, and her, and she did not get it,
that is what she is saying, and she would like to just have the information.
Vice Mayor Watkins agreed with Council Member Paterno that if a
Council Member asks for the information, they need it, but she just wanted
to be clear on the fact that Council did not discuss changing salaries in that
Workshop. She commented it was a goal of hers to look at it, and to have
Council review it. She indicated Council did not discuss it. Council
Member Genco stressed there is more than one branch on this issue. She
noted that is one of them, but the other issue is she requested it, and she is
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• a Council Member and why didn't she get it, and why didn't Council get
it. Mayor Humpage explained he did not know if it was done, but he did
know Mr. Garlo was working on it. Village Clerk Carlisle noted that when
Council spoke about it at the Workshop, the Village Manager had not
received the information yet. Council Member Genco noted that was her
point and purpose that she wanted Council to have the information that it
was not just for her. Mayor Humpage pointed out the 2004 material gives
the Village the 2004 from the other municipalities that compares to ours.
Council Member Genco responded yes, because she felt Council needed to
look at everything fairly. She commented Tequesta is a unique situation,
that the Village has full services, are very small, and have a mid to high
tax ratio, when everyone takes into consideration of what is going on here,
and a great percentage of the Village's citizens are living on a fixed
income. She mentioned she wanted to be sure that the Village is being fair
to all of the residents, as well as being competitive. She noted you do not
have the same problem running Baldino's, as you do Outback Steakhouse.
Mayor Humpage agreed. Council Member Genco indicated that is the
reality, and everyone needs to keep that in mind when the Village does
things. Council Member Resnik pointed out 2/3 of all the Village
employees are in the lower 20% pay bracket. Council Member Genco
noted she did not believe that was accurate. She stated she believed it was
accurate if someone compared the Village to Miami or New York City.
Council Member Resnik commented it was compared to Broward and
Palm Beach County. He indicated he was only going to say what was in
the book. Council Member Genco commented "I looked at that, but see,
you need, when you are looking at demographic information, you not only
have to look at it by selecting colored marbles, you have to look at for all
of the marbles, and then you have to look at the ones that are equal in size
to what you are". She felt the Village was not doing all of those elements,
the Village is just looking at one group, to the exclusion of all the other
ones that are more equal to us.
Vice Mayor Waktins felt Council Member Genco was correct, when and if
the Council was going to discuss this. Council would want to have any
and all information pertinent to that issue. She noted that was not to be
discussed tonight, that she knew of, but hopefully Council would discuss it
at some point, so Council needs the information when the Village
Manager has it, and Council should not be discussing the issue until
Council is provided with the information. Council Member Genco
indicated she wanted Council to have it, not only for this, but for the
Manager's issues, as well as the employees, because the size of the marble
is very important. Council Member Resnik explained it would be very
interesting to see how much it changes to relative structure. Council
Member Genco indicated she would like to know, that she does not know.
Council Member Resnik mentioned he does not know either. Council
Member Paterno commented it may not change it at all. Council Member
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• Genco commented it was something important for .her to know. Mayor
Humpage noted it was interesting one of things put out a police officer,
which is going to be funny when Council starts looking into this, and not
to belabor this, but nobody has given the Village their application because
they are making to much money everywhere else. Council Member Genco
indicated Ms. Forsythe, the Finance Director and herself have talked about
the Finance issue, and hiring the people, and maybe it is not an issue of
salary, maybe it is an issue of responsibility and the Village's
expectations. She suggested maybe what they need to do is reclassify
some of the positions. She stated she did not know, but the whole issue is
that a lot of people, she stated everyone saw the insurance, and 25% of the
people the Village employs are from Martin County. She stated therefore
shouldn't Council consider Martin County salaries. Mayor Humpage
agreed, except Martin County, and Jupiter Island police make more than
our guys do. Council Member Genco stated so does Palm Beach, but the
Village is not Palm Beach, we do not have amulti-mega million dollar tax
base. Vice Mayor Watkins mentioned she felt all of Council agreed with
the issue that Council needs the information before that time, but
suggested could Council at least decide, and does Council Member Genco
have any level of comfort with Council proceeding with this PRC, because
her understanding was Council was trying to get this done within the
budget, by October 1St. Mayor Humpage agreed by October 1St. Vice
Mayor Watkins stated she was sorry that Council Member Genco did not
• get the information and that Council was not aware. Council Member
Genco indicated this only holds true to the expiration of Mr. Couzzo's
contract, which is another year. Mayor Humpage noted this was an annual
thing. Council Member Genco noted it was an annual until Council
decides otherwise. Consensus of Council agreed.
Council Member Paterno noted for himself, what he understood Council
Member Genco was staying is that she may not disagree with what
Council has done, but that she would just like the requested information,
that she feels like she has not been given everything that she has
requested. He asked if that was the issue. Council Member Genco
explained that was one of the issues. Council Member Paterno noted that
was probably one; and how can Council make a determination what they
can do without all the information. He stressed he understood what she
was saying, and if that is the problem that she is not getting the
information, or any of Council is not, then that needs to be addressed,
separately maybe of this item. By that it needs to be addressed, that is
what she is looking for. Vice Mayor Watkins mentioned she did not see
where having the information about Martin County would help the
Council with his PRC. Council Member Paterno noted what she was
saying basically was if Tequesta is stuck here, with Martin County on one
side, and Palm beach County on the other side, Council should get both
sides because Tequesta was in the middle to see where we are at and pick
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• out. He felt Martin County may skew it downward. Vice Mayor Watkins
questioned what does that have to do with the PRC, she indicated she was
not talking about Mr. Couzzo's salary. Council Member Paterno
commented what the Village has to do here, is comparing what other
Manager's get, so that when Council comes up with their solution or
formula, that Tequesta takes in account the surrounding communities.
Mayor Humpage felt Council will try to do that in the next meeting, and
what Council Member Genco was looking for was some type of common
denominator, or barometer. Council Member Genco agreed. Mayor
Humpage explained as Council when through this, and it took some time,
Council agreed with that, and indicated Council had picked some random
numbers 10%; 8%, 12%. He noted Council felt they needed to have some
criteria to follow, because this is not a simple thing to do. He pointed out
Council decided they would put a 15% cap. Council Member Genco asked
if that would be on the merit bonus. Mayor Humpage agreed. He stated
and then have a criteria of goals and objectives, with each one of these
items having so much value. He commented than that way Council could
say he got 3% or 9%, or 12%.
Council Member Paterno noted in some way with the goals what Council
was hoping to do is to align when they pick the goals to apply them to this
package, so that Council could come up with a set figure. Council Member
Genco agreed that was a great idea. Council Member Paterno noted
• Council Member Genco not getting the information was another issue. He
suggested discussing that issue under "Any Other Matters". Council
Member Genco mentioned if she was not mistaken, Council decided on
the merit based on the achievement of goals for last year. Mayor Humpage
agreed. Council Member Resnik noted one problem with doing goals and
saying the Village Manager has to do these goals in order to get an
adequate PRC, then those goals take precedence over all the other
functions that the Manager has to do. He commented that would be human
nature. Council Member Genco indicated that is what she sees as a
problem, sometimes, because the big dollar items get a lot of attention, but
the issues like having a leaking office don't, and other things don't, but
that they are all important. Council Member Paterno noted he understood
the Mayor's idea, and noted for example, Council could say 60% of his
bonus was going to be based on other performances, and these may be
some of the criteria. Council Member Genco asked if Council would be
including that as part of the 15%. Council Member Genco commented so
that was not put on the table yet. Council Member Paterno noted Council
was trying to come up with a formula, when they do the goals, to pick out
the goals, and come up with a formula that may incorporate the goals, or
may incorporate something else, but come up with a formula. He indicated
he did not want to be put in the position, to have to go in and bargain with
the Village Manager on the PRC. Council Member Genco agreed it could
• be a very uncomfortable situation. Council Member Paterno noted there
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. would be no personal animosities, if someone says it's only 10%, that
there would be some sort of guideline. He commented Council would be
real close to the number they should be at. Mayor Humpage commented
Council may find that the operating budget was worth 60%, and the goals
may be worth 20%. Council Member Genco noted that was a great idea, if
that is what Council was talking about. Council Member Resnik
commented Council has to structure the PRC that way. Council Member
Genco suggested taking that issue up when Council is doing their goals
and objectives. Consensus of Council agreed.
(Public Comment)
Ms. Betty Nagy, resident of Shay Place commented she tried to attend the
workshop meeting also, and was a little upset that it was during the day.
She noted some of the residents do work. Mayor Humpage indicated most
of the Council workshops were during the day. Ms. Nagy suggested a 5:00
P.M. Workshop, and noted she felt like Council Member Genco, and not
being able to attend the meeting that it would be hard on the Village Clerk
to get the information out, but something that a decision was going to be
made on tonight, Council Member Genco should somehow get that
information. She stated that would be in fairness to everyone. She
mentioned she is only a citizen and was upset that she was not able to stay
the whole time, and especially if a Council Member was not there, she
could see if something was going to be discussed next month she would
• have to have the information. She commented to have the meeting one
week, and then have Council come back and make a decision in the next
week, somehow that information should have been given out. Mayor
Humpage suggested the Clerk could have put the recording secretary on
this item. Village Clerk Carlisle indicated the minutes could not be done in
that short of time. Mayor Humpage commented all of the Council
workshops have been in the morning. He indicated Council flipped them
to the morning so people could come and have coffee, because they were
not coming at night. Council Member Genco noted some of the workshops
have been done earlier in the evening also. Ms. Nagy commented she
noticed there were only two residents in the morning. Mayor Humpage
commented look at the number of residents this evening, there were none
left.
MOTION: Vice Mayor Watkins moved to approve that Council accept the
Performance Recognition Compensation (PRC) at $16, 000.00, and leave the rest to
discuss in an upcoming Council Workshop; seconded by Council Member Resnik. Mayor
Humpage indicated it was a general consensus of Council that they need to, at the
Workshop, when theys goals and objectives, is to set the criteria to do the PRC in the
future, so that Council could set values, and make this PRC a lot easier down the road.
Motion passed S-0.
•
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Mayor Humpage indicated Council would like to work the PRC into the
• Council goals and objectives workshop. Council Member Resnik asked if
the workshop would still be in October. Mayor Humpage agreed.
XII. ANY OTHER MATTERS
VICE MAYOR WATKINS
- Announced because of the efforts here with the Village's Police and Fire,
the Manager and the Office Staff, she and her husband, Bill would like to
prepare dinner for everyone prior to the Village Council Meeting on
September 15, 2005. She noted it would have to be early, because the
meeting starts at 6:00 P.M. She indicated it would start at 5:00 P.M., and
there would be seafood gumbo and jambalaya dinner. Council Member
Resnik asked where it was going to be held. Vice Mayor Watkins
mentioned it would be held in the Public Safety Facility kitchen. She
commented she would love for everyone to attend, and bring their
spouses. She invited Ms. Nagy and her husband, the only remaining
resident in the audience. She asked that the invitation be extended to the
Police and Fire Chiefs also. She noted this was a thank you from her and
her husband.
COUNCIL MEMBER PATERNO
- Asked if he could make a recommendation that in the future the final
Council agendas, including Workshops, be emailed to Council, in case
• they are out of town and have comments they can voice their ideas or
concerns. He felt this would help to work toward a positive goal.
- Indicated he would like to discuss and noted he felt sometimes Council
Member Genco feels that she is not getting the information that she
requests. He commented he felt it was something that Council needed to
talk about. He suggested if she feels that way; Council needs to understand
it. Mayor Humpage agreed, and noted any Council Member that wants
anything should have it. Council Member Paterno asked if they don't get
it. Mayor Humpage commented if they don't get it, or can't get it right
away, that Staff should let that Council Member that Staff has a problem
getting that information, that it may take another week, then at least they
will understand where Staff is at. Council Member Paterno asked what
happens if Council requests the information and does not get it, then how
does it get handled, and suggested come up with some type of way.
Council Member Resnik felt there needed to be some type of deadline, or
some type of date that it is required by. Council Member Genco suggested
within 10 days Staff should be able to get some information. Mayor
Humpage indicated if you can not get the information, there ought to be a
response as to why it can not be make available. Council Member Genco
suggested at that point the other members Council Members should be
told what it is that is being requested. Village Clerk Carlisle she tries to do
follow up on any requests that would come through her as a public records
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Minutes -Village Council Regular Meeting 09/07/05
Page 36
• request. Council Member Paterno noted there needs to be a mechanism so
that everyone gets the information. He asked Attorney Roselli if she knew
of any mechanisms that others use.
Attorney Roselli noted in regard to the salary ranges, she suggested
Council say that Staff needs to get the information and have it available
for the next meeting, or the next workshop. She felt that information
should not be that hard to get because it is public information. Vice Mayor
Watkins felt everyone should communicate with the Village Clerk,
because if any of the Council Members were traveling, make sure she
knows the best way to contact Council while they are gone. Attorney
Roselli noted if Council uses email that there would also be a written
record of the request. Mayor Humpage felt Council Member Genco was
correct in her analogy, and if someone does not get in 10 days, and if
nothing else, they should have a reason why Staff can not get it. Council
Member Paterno noted if Council still does not get it who do they go to,
do they tell the Village Manager, or do they go through the Clerk. Council
Member Genco noted she would like to know, also. Council Member
Paterno asked what the procedure would be if Council does not get it, who
do they contact. Council Member Genco commented she feels the whole
Council should know if they do not get the information requested, because
that is an issue where it could be a performance issue. Vice Mayor
Watkins stressed by Charter Council goes to the Village Manager. Mayor
• Humpage commented by Charter, it then goes to the Mayor, so if Council
does not get any performance by the Manager, then it has to go to the
Mayor. He noted if Council has an issue with the Manager,. and not getting
it resolved, then for example, some of the salaries; (he indicated he spoke
with Assistant Manager Garlo about some of the police stuff, because he
had an interest in that. He commented to Mr. Garlo that when he gets the
information, also hold it to October 1St, and get him the October stuff so
Council could see where everybody is going.) He noted if a Council
Member tells the Village Manager to get something, and you still don't
have it in 10 days, then ask why, and the Village Manager said he gave it
to another Staff member, then the Village Manager can go to the Staff
member and ask why. He noted if that does not get anything resolved then
it should go to the Mayor.
Council Member Genco indicated she has a request in right now since
February. Mayor Humpage asked for what information. Council Member
Genco commented she has the emails at home. Mayor Humpage asked
what the request is, and questioned if she did not get it. Council Member
Genco responded in the affirmative. Attorney Roselli asked who the
request was sent to. Council Member Genco indicated the Clerk received a
copy, and that it has got passed on, and that she has had two follow-up
requests, and she still did not have a response. She indicated she was very
concerned about the planning and the fire department, and asked for some
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Minutes -Village Council Regular Meeting 09/07/05
Page 37
. budget projections, and stuff like that. She mentioned that was February.
Mayor Humpage asked if it was planning for the Village's fire department.
Council Member Genco indicated yes. Mayor Humpage noted the Village
just went through the budgets, and what were they supposed to do.
Council Member Genco noted she wanted it ahead of the budget, and still
does not have it. Attorney Roselli noted this was an administrative thing,
and that there needs to be some type of procedure set up so that the
requests come into a certain person. She indicated the Village Manager is
ultimately responsible for over seeing why the information is not
responded to. Council Member Genco explained the Village Clerk knows,
and she has been copied on this, and she still knows it is still not
responded to. She felt it is not the Clerk's job to do the request. She noted
the Village Clerk has put it forward, and Council Member Genco has even
gotten a response from the Village Manager that he will get it, and it has
been probably six or seven weeks since his last response. Attorney Roselli
agreed that would ultimately be the Manager's job. Council Member
Genco indicated it comes to her every 3 to 4 weeks, and then she requests
the information again. She pointed out she has a couple of things like that.
Council Member Paterno suggested figuring out some way that this is
going to end, for whoever it is for. He noted how to go about this, whether
Council Member Genco needs to speak to or, whether the Mayor needs to
speak to the Village Manager, or does Council need to speak to him
openly in a meeting. He asked the Mayor which he would recommend.
i Mayor Humpage explained if a Council Member was requiring some type
of information that they were not getting, and the Village Manager was
not getting them the information, he would suggest that the Council
Member send an email to the Clerk, saying that you asked for this
information, and it has been two weeks, and no one has gotten back to
you; he stated the Clerk can copy the email to him, and he will follow up
on it. Council Member Genco agreed, and felt she or no one else should
have to do that. Council Member Paterno noted the Council needed a
procedure for that, and asked what were they going to do. He suggested if
someone has not gotten the information, it needs to be brought up in open
session.
Attorney Roselli indicated in her experience, if Council has asked for
something and not gotten it, it could be brought up under Council
comments. She commented she has been at some Community
Redevelopment Agency (CRA) Meetings where they always ask about
streetlights, and she is always flabbergasted at why the Staff never got an
answer, that it was 6 months of the same thing asking for this information.
She stated at least Council Member Genco's fellow Council Members
were knowing her fiustrations and it was a performance issue. Council
Member Genco agreed, and stated if Council remembers some months
ago, she came to a Council Meeting with a list of things because they were
. all pending things that she asked for. Mayor Humpage noted now Council
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Minutes -Village Council Regular Meeting 09/07/05
Page 38
has a procedure that they would follow. He stated what else can they do,
• Council needs to start somewhere. Council Member Paterno stated if a
Council Member comes back and says it has not been done then Council
would need to discuss it openly.
Village Clerk Carlisle asked for clarification on the procedure. Mayor
Humpage stated the procedure is: if a Council Member requests
information, that a 10 day time parameter is sufficient time to get
contacted by Staff, whether it is Mr. Couzzo, or his designee. No that
should be Mr. Couzzo. Council Member Paterno questioned whether that
is 10 calendar days or 10 business days. Council Member Genco, and
Mayor Humpage agreed 10 business days. Mayor Humpage stated and
then that Council Member should get a response whether it is available, or
not available; and if it is not available why and when they can expect it.
He noted when that date gets here and there is no resolution, then he
would suggest that Council Member send an email to the Clerk, or the
Mayor via the Clerk, that this is the situation, and by the following
Council Meeting, or whenever, that Council Member would have a
resolution one way or the other, and if not then they can come after him.
Council Member Genco indicated that makes it easier for her. Council
Member Paterno noted the only thing at this point, Council Member
Genco is after tonight to send through the Village Clerk her things that she
has not received at this point, and the Mayor will take it up with the
• Manager. Council Member Genco indicated she did not know if she would
be able to send all the information to the Clerk tomorrow. Council
Member Paterno stated in a reasonable time. Mayor Humpage cautioned
Council does not want a Sunshine violation. Attorney Roselli mentioned
she was thinking about the Sunshine violations, so the request would come
in to the Clerk, and then 10 days go by, and the request gets no written
response, or any response; then the appropriate thing to do would be to
email the Clerk again. Village Clerk Carlisle pointed out the code states
all requests are to come in to the Village Manager. Attorney Roselli
indicated the request could be copied to the Clerk, because no one knows
what the substance of the request is. Council Member Genco noted she
was very careful about the law. Mayor Humpage stated he did not need to
know the actual matter, it could simply be stated from the Council
Member that they made a request 10 days ago, and nothing has happened.
Council Member Genco noted she was very careful. Mayor Humpage
noted he did not want a Council Member to email him directly.
Council Member Paterno asked if Council needed to tell the Manager the
new procedure. Mayor Humpage indicated he would tell him, and that it
should be put in the record. Vice Mayor Watkins asked if Council should
wait to see if the Village Manager had "any other matters". Mayor
Humpage suggested asking the Manager if he had any other comments.
•
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Minutes -Village Council Regular Meeting 09/07/05
Page 39
Village Manager Couzzo stated he had nothing further.
• III. ADJOURNMENT
MOTION: Vice Mayor Watkins moved to adjourn the meeting; seconded by Council
Member Genco; motion passed S-0.
Therefore the meeting was adjourned at 9:27 P.M.
wen Carlisle
Village Clerk
•
•
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