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HomeMy WebLinkAboutMinutes_Regular_02/17/2005• MINUTES VILLAGE OF TEQUESTA REGULAR VILLAGE COUNCIL MEETING THURSDAY, FEBRUARY 17, 2005 399 SEABROOK ROAD TEQUESTA, FLORIDA 33469 I. CALL TO ORDER AND ROLL CALL -The meeting was called to order by Acting Mayor Geraldine A. Genco at 7:03 P.M. A roll call was taken by Village Clerk, Gwen Carlisle. Present were: Acting Mayor Geraldine A. Genco, Council Member Edward D. Resnik, Council Member Russell J. von Frank, and Council Member Jim Humpage. Also in attendance were: Village Manager Michael R. Couzzo, Jr., Village Attorney Scott Hawkins, Village Clerk Gwen Carlisle, and Department Heads. Mayor Watkins was out of town. Acting Mayor Genco welcomed everyone to the Meeting, and announced the Mayor would not be present since she was out of town because her daughter was have a baby. She indicated it had been a while since she had officiated a meeting as Mayor. She congratulated Council Member Resnik who was celebrating his 75th Birthday. • II. INVOCATION AND PLEDGE OF ALLEGIANCE Acting Mayor Genco gave the invocation, and led the pledge allegiance to the flag. III. APPROVAL OF AGENDA Council Member Resnik removed Item 10 and Item 12 from the Consent agenda. Acting Mayor Genco removed Items 3, 5, 11 and 12 from the Consent agenda. MOTION: Council Member Resnik moved to approve the agenda, as amended; seconded by Council Member Humpage; motion passed 4-0. IV. UNFINISHED BUSINESS 1. ORDINANCE 595- SECOND READING - AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE V, ELECTIONS, EXEMPTING ITSELF FROM THE PROVISIONS OF SECTION 101.657, FLORIDA STATUTES SPECIFICALLY RELATED TO EARLY VOTING; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCE IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE • DATE. Minutes -Village Council Regular Meeting 02/17/05 Page 2 • Acting Mayor Genco opened the Public Hearing. She asked if Council had any questions or comments. Their being none, Acting Mayor Genco asked if anyone from the audience would like speak on this item. There being no one from the audience Acting Mayor Genco closed the Public Hearing. MOTION: Council Member Resnik moved to approve Second Reading of Ordinance 595; seconded by Council Member Humpage; motion passed 4-0. V. 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 Resnik removed Item 10 and Item 12. Acting Mayor Genco removed Items 3, 5, 11 and 12. MOTION: Council Member Resnik moved to approve the Consent agenda, as amended; seconded by Council Member von Frank; motion passed 4-D. Therefore the following items were approved on Consent agenda. • 2. Planning and Zoning Advisory Board Meeting Minutes November 17, 2004. 4. Village Council Regular Meeting Minutes January 13, 2005. 6. RESOLUTION 37-04/05 - A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO ENTER INTO A WATER SERVICE AGREEMENT WITH ORANGE AVENUE DEVELOPMENT, INC., OF JUPITER, FLORIDA ALLOWING THE EXTENSION OF THE WATER SYSTEM INTO THE HYLAND TERRACE SUBDIVISON. HAVING CAPITAL CONNECTION REVENUE OF $20,000.19 AND AUTHORIZING THE VILLAGE MANAGER TO PROCEED ON BEHALF OF THE VILLAGE. 7. RESOLUTION 38-04/05 - A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AWARDING A BID PROPOSAL TO WILLIAM H. MURPHY GC, INC., OF ROBE SOUND FLORIDA, IN THE AMOUNT OF $28,000.00, FOR BUILDING IlVIPROVEMENTS AT • THE PUBLIC WORKS FACILITY HAVING A BUDGETED AMOUNT OF $25,000.00 FROM FUND 401-414 653.600, AND WITH THE 2 Minutes -Village Council Regular Meeting 02/17/05 Page 3 • BALANCE OF $3000.00 TO BE TRANSFERRED FROM FUND 401- 243 546.342 AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE APPLICABLE PROPOSAL ON BEHALF OF THE VILLAGE. 8. RESOLUTION 41-04/05 - A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AUTHORIZING A BUDGET TRANSFER IN THE AMOUNT OF $ 15,000.00 FROM ACCOUNT # 403-250-546.308 HAVING A BALANCE OF $60,942.48 TO ACCOUNT # 403-250- 664.600 AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE APPLICABLE INTRAFUND TRANSFER ON BEHALF OF THE VILLAGE. 9. RESOLUTION 39-04/05 - A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AWARDING A PROPOSAL TO SUNRISE TRACTOR & EQUIPMENT, INC. OF WEST PALM BEACH, FLORIDA FOR THE AMOUNT OF $4,900.00 FOR A GRAPPLE ATTACHMENT, WITH FUNDING COMING FROM THE STORMWATER MACHINERY & EQUIPMENT #403-250-664.600 AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE • APPLICABLE PROPOSAL ON BEHALF OF THE VILLAGE. 12.1 Council approval to declare as surplus the following vehicle: 1994 Ford Crown Victoria -VIN 2FALP72W2RX190682; and allow the Police Department to donate this vehicle and two other vehicles: 2- 1999 Ford Crown Victoria's (previously declared surplus) - VIN 2FAFP71W9XX165578 and VIN 2FAFP7IWOXX165579 to the Criminal Justice Academy at Palm Beach Community College. END OF CONSENT AGENDA ITEMS REMOVED FROM THE CONSENT AGENDA 3. Village Council Regular Meeting Minutes December 9, 2004. Acting Mayor Genco asked that Page 8, under Communications from Council the minutes be revised to reflect her comments regarding the Financial Policies and Procedures. Note: Verbatim Transcript inserted in the December 9, 2004 Meeting Minutes. Acting Mayor Genco noted on Page 12, under Communications from Council, that at the time Council Member von Frank commented that the • applicant had approached him regarding the project, she felt each Council member had commented regarding the Atlantis project. She felt there was 3 Minutes -Village Council Regular Meeting 02/17/05 Page 4 • a Consensus of Council that they were opposed to a 12 story building in the Village, because it was in direct conflict with the current code. She asked that the minutes reflect Council's comments. Consensus of Council agreed to have the Village Clerk revise the Minutes to reflect Acting Mayor Genco's comments. MOTION: Council Member Humpage moved to approve the Minutes of December 9, 2004 Regular Council Meeting, as revised to include Acting Mayor Genco's comments; seconded by Council Member von Frank 4-0. 5. RESOLUTION 36-04/05 - A RESOLUTION OF THE VII,LAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING A MEMORANDUM OF UNDERSTANDING FOR THE PARTICIPATION OF THE TEQUESTA POLICE DEPARTMENT IN THE PALM BEACH COUNTY MULTI- AGENCY VIOLENT CRIMES TASK FORCE, AND AUTHORIZING THE MAYOR TO EXECUTE THE SAME ON BEHALF OF THE VILLAGE. Acting Mayor Genco asked if Chief Allison would comment on the Multi- Agency Task Force. Chief Steve Allison, Chief of Police mentioned this • was a new program put in place by new Sheriff Rick Bradshaw. He explained the Village had been involved with other task forces, such as the Robbery Task Force and the Gang Task Force. He indicated this would be a liaison role to promote information sharing dealing with crime, especially in the central part of the County at this time. Acting Mayor Genco questioned whether being involved in the task force would interfere with the daily duties of the police officers. Chief Allison responded this would not interfere with the Police Department's functions in any way. MOTION: Council Member Humpage moved to approve Resolution 36-04/05; seconded by Council Member von Frank; motion passed 4-0. 10. Council acceptance of the Florida Department of Law Enforcement Grant Contract #2005-CS-L2-07-60-02-084 in the amount of $19,994.00 for Video Surveillance at the Village of Tequesta's Water Treatment Facility. Council Member Resnik noted the grant was for video surveillance equipment at the Water Treatment Facility. He indicated the grant did not indicate the type of equipment that would be used. He suggested that the equipment being purchased would be compatible with other video surveillance equipment through the Village. He noted Constitution Park and certain roadways were being considered for surveillance. He • suggested the Village use one system, and not purchase separate systems that may not be compatible. He felt there should be an agreement between 4 Minutes -Village Council Regular Meeting 02/17/05 Page 5 • all the departments to use the same system. Acting Mayor Genco questioned whether the police would have the capability of monitoring this equipment. Council Member Resnik pointed out the equipment being purchased for the water treatment facility would be monitored in house. He felt all video equipment/camera's should be monitored in a central location, in real time or on loop tape. He suggested there should be a consistent method for monitoring in place. Acting Mayor Genco agreed and felt it made sense that the Police Department have the capacity to review the video equipment also. Village Manager Couzzo agreed to review. Acting Mayor Genco suggested the Village Manager give Council a budget for this type of expenditure. Council Member Humpage noted there were telemetry systems to accomplish these functions. Council Member Resnik supported one common system. MOTION: Council Member Humpage moved to approve the grant application in the amount of $19, 994.00; seconded by Council Member Resnik; motion passed 4-0. 11. Council acceptance of the Agreement to Provide Utility Consulting Services -For Updated Utility Financial Forecast. Acting Mayor Genco pointed out a financial forecast study had been done in August 2003, and approved by Council in November 2003. She • explained the cost for the first year was $30,000.00 and now a follow up was being requested at a cost of $15,000.00. She indicated Council was paying $15,000.00 a year to provide the updated forecast. Village Manager Couzzo indicated the original study looked at 10 years, and was a very conservative forecast. He felt the predications would be adjusted, and more favorable. Acting Mayor Genco pointed out Tropic Vista was also added to the Utility system. She questioned the amount paid for consultants, such as Gee and Jenson, for the water treatment plant projects. She requested information regarding the amount spent on an annual basis for these consultants. Council Member Humpage pointed out consulting costs would be a Utility expenditure. MOTION: Council Member Humpage moved to approve the agreement for an updated Utility Financial Forecast; seconded by Council Member von Frank; motion passed 4-0. 12. Council acceptance of a Budget adjustment (transfers) in the amount of $3,000.00 to Capital Projects, Municipal Center, Construction -Other Professional Fees and Charges account #303-331-662.638 from Capital Projects, Municipal Center, Contingency Account # 303-331-699.600 to fund a Traffic Impact Study regarding the new Village Hall. • Acting Mayor Genco noted the original request was for $12,000.00 so the Comp Plan could be amended to encroach onto parkland for the new 5 Minutes -Village Council Regular Meeting 02/17/05 Page 6 • Village Hall site. She mentioned a Comp Plan amendment would not be required. Village Manager Couzzo explained that the original estimate was for $15,000.00, $12,000.00 for the Comp Plan amendment and $3,000.00 was needed for a traffic impact study. He pointed out since the Comp Plan was not required the amount being requested was for $3,000.00 to complete the required traffic study. Council Member Resnik suggested if $3,000.00 was being spent for a traffic study for Village Hall, that the Western Corridor traffic impact be considered at the same time. He felt there would be an increase in traffic from Martin County, coming down the corridor through the Village. He suggested the area be reviewed since the Western Corridor was planning to open in summer 2005. He commented all previous traffic studies showed the traffic would increase in the Village of Tequesta. He felt the two areas should be studied at the same time for a realistic approach. Acting Mayor Genco noted Jupiter had an amended traffic study for Island Way and Country Club Drive. She suggested reviewing the study to see if the numbers had changed. Council Member Resnik felt there was a significant change at Island Way, with 750 trips per day. Acting Mayor Genco suggested getting copies of the old study, and the revised study and bring back to Council. She felt those numbers needed to be reviewed before moving forward. Council Member Humpage questioned whether • this would be the time to do a revised study, since the impact would greatly affect Tequesta Drive, and 5eabmok Road. He felt the information should be provided prior to this traffic study. Acting Mayor Genco suggested waiting a year or two for the traffic study. Council Member Humpage questioned whether this study for the new Village Hall was required for permitting. Mr. Jeff Newell, Director of Community Development indicated this study was required for approvals. Acting Mayor Genco noted Song and Associates had done a study, and questioned whether that would be sufficient. Mr. Newell noted that was old and could not be used. Council Member Resnik agreed the two studies may not need to be done simultaneously. Acting Mayor Genco noted the traffic impact of Island Way may take a year or longer, and felt the Western Corridor traffic impact study should be tabled until there was traffic to study. Council Member Humpage felt the Village needed to do the necessary traffic study for the new Village Hall. MOTION: Council Member Humpage moved to approve the budget adjustment in the amount of $3, 000.00 to fund a traffic impact study for the new Village Hall; seconded by Council Member Resnik; motion passed 4-0. Vice Mayor Genco felt the Western Corridor study would be a timing issue, and should be addressed at the right time. • 6 Minutes -Village Council Regular Meeting 02/17/05 Page 7 • VI. COMMUNICATIONS FROM CITIZENS - Mr. Wade Griest, of South Dover Road commented he was sent to live in the area by his employer and that he has followed Tequesta's government for over 30 years. He mentioned he would be moving to Colombia, MD to live, and wished each and every Council member good luck in all their future endeavors. Council Member Humpage and Council Member Resnik wished him good luck. Acting Mayor Genco suggested we do something in Smoke signals. VII. COMMUNICATIONS FROM COUNCIL COUNCIL MEMBER RESNIK - - Announced this would be Council Member's von Frank's last full meeting, and expressed his feelings of appreciation, and how pleased he was to have served on Council with him. Council Member von Frank indicated he would be around. - Quarterly Report -October through December 2004- Commended the Village Manager on the status of the projects going on in the Village, and on the great report he and Staff presented to Council. COUNCIL MEMBER VON FRANK - Stated his four yeazs on Council has been very interesting, and noted no • election this yeaz tells him that the Village Manager and Staff were doing something right, and that the public was happy with Council and the way things were going within the Village. ACTING MAYOR GENCO - Mentioned she had received a phone call from Mr. Willie regarding the fence for Country Club Drive. She mentioned she was still waiting on a response from the Attorney. Attorney Hawkins stated the Village technically may not be in the position to place a fence. He indicated he had spoke with Mr. Willie, and visited the site, and felt it may be a public health, welfaze and safety issue. He stated he needed to look at the access rights. Acting Mayor Genco noted they were accessing their property across the Village property, and that was not a public right of way. She noted the code does not allow private roads within the Village, and there should be no vehiculaz access. She felt a 32" opening would be wide enough for pedestrian access. Attorney Hawkins noted he had looked at ways to configure a fence, but by Florida Law they are entitled to get to their properly. He stated he was not going to give a final opinion this evening, as there may be risks to the Village. Council Member Resnik suggested abandon and split the roadway, and on the east side allow the properly owners to put up fences. He felt the Village could not tell them they cannot fence their own property. Acting Mayor Genco explained these property owners have to leave the public 7 Minutes -Village Council Regular Meeting 02/17/05 Page 8 • right of way, and cross the Village property to have access. She mentioned the Cross Use Agreement the property owners signed. She felt the property owners could not impose their right on the Village of Tequesta. She felt it was a safety issue and asked that the Attorney provide an opinion very quickly. Attorney Hawkins felt he could provide an opinion by the next Meeting. Acting Mayor Genco commented she would greatly appreciate it. Council Member Humpage questioned whether the property owners had to cross the sidewalk to access their properties. Acting Mayor Genco responded in the affirmative. Council Member Humpage questioned the 30-foot Swale next to the sidewalk. Village Manager Couzzo explained ENCON needed access to the lift station, and the swale would accommodate their vehicles. He felt it could be used as a pedestrian pathway. Acting Mayor Genco stated the way it is being used is not a legal use, and felt that the Village would have never abandoned it for a roadway. - Administration Building Mold -Noted the issue has been going on for over a year and half and felt the issue needed to be resolved. She stated she would like to see it on an upcoming agenda soon. - Upcoming Joint Workshop with Council and Planning and Zoning Advisory Boazd - Noted a discrepancy in the code in Section 22-53a and that Village Council and the Planning and Zoning Boazd shall serve as the Local Planning Agency. She felt that needed to be addressed, and also Section 22-55, Duties and responsibilities of the Board. She noted the August 12, 2003 Council Meeting had a very lengthy discussion regarding the creation of the ordinance for establishing a Planning and Zoning Advisory Boazd. - Bayview Terrace Sodding Project -Suggested the Village be reimbursed for the monies they paid to Bayview Terrace for the sod. Attorney Hawkins noted there was an inquiry by a homeowner in the vicinity of the recreational area who was proposing to reimburse the Village of Tequesta the money they had made available for the sodding. He noted he was working with the lawyer, but no firm proposal was set. Acting Mayor Genco asked for an update by Attorney Hawkins at the next Council Meeting. - Pension and Actuarial Tables -Mentioned that she had called the Finance Director regazding $36,000.00 that would needed based on the Actuarial report to cover the increase in the Pension contribution rates that was not factored into the budget. She stated when the actuarial report was completed every factor was taken into consideration at that time. She noted the Finance department did not have the money set aside to pay for • the cost, so that was the reason the Resolution had come before Council. 8 Minutes -Village Council Regular Meeting 02/17/05 Page 9 • - Public Safety Pension Board Administration -Felt the issue of the plan administrator had been resolved with the Finance Department being the one to oversee the financial administration of the Pension boards. She stated the General Employees Pension Board monies were unaccounted for five weeks, and explained that creates an audit problem for the Village. - Council Interaction with the Village Manager -Suggested that members of Council should take into consideration the amount of time they spend with the Village Manager. She pointed out he has a lot of things on his plate, and they should not interfere with his time, and felt they should be more reasonable when dealing with his time. She asked the Village Manager how many hours Council members spend with him per month. Village Manager Couzzo commented it was a difficult question to answer because he was here to serve the Council, accommodate their requests, and still do the work. Acting Mayor Genco stated when evaluation time came azound, he would be judged on his work performance. She felt he should account for his hours on a monthly basis. Village Manager Couzzo noted he would provide a report to Council. Council Member von Frank indicated it was not a question of how much time he spends with the Village Manager, that usually the week before Council Meetings he requests time with him to go over the agenda and answer any questions he has. He noted the Vice Mayor requests, even though they were not in • person, involved quite a bit of time by the Village Manager and Staff. Acting Mayor Genco felt that was a misconception. She indicated when she makes a records request, the Village Manager does not necessarily need to do the work, that he can pass it along to the appropriate Staff member. She noted Council has rights as individuals, and that a request for information, whether public or private, should be handled in the way that it would not interfere with the Village Manager's work. She stated she did not want to be critical of his time, but wanted to know how much time he spends with Council, so she could adjust her expectations. She pointed out Council does not ask him to account for his work per hour. She mentioned other cities do ask their Manager to account for the time on a daily basis. Council Member Humpage noted depending on what was going on he could spend 2 to 5 hours, or even 10 hours a week going over the issues. He commented he felt comfortable with the ways things were going. He suggested if Council felt they were jeopazdizing his time, another option would be to do their own research. Acting Mayor Genco indicated she would leave it up to the Village Manager to guide his time. Council Member Resnik felt the Village Manager knows who to manage his time, and has a method of doing business. He favored face-to-face meetings with the Village Manager for better understanding, and questioned whether it was interfering with his business. ., .~ 9 Minutes -Village Council Regular Meeting 02/17/05 Page 10 • VIII DEVELOPMENT MATTERS 13. Fashion Mall Out-parcel Building -Site Plan Review -Gary Van Brock, representing Fashion Mall, Inc, owners of the- Fashion Mall. Located at 150 U. S. Hwy One. Mr. Jeff Newell, Community Development Director gave a brief overview of the history of the Fashion Mall shopping center. He noted there were four parties involved in the original platting, which included the Fashion Mall owner, Mr. Gary Van Brock; Mr. Ed Nelson; DiVosta Builders; and the Village of Tequesta. He mentioned the original site plan was approved in 1998-1999, including the out-parcel building, and that it has taken this long for Mr. Van Brock to bring the building design forward. He explained the applicant was proposing a three tenant building. Mr. Newell stated this site plan had been through the Development Review Committee (DRC) review, and Planning and Zoning Advisory Board. He noted the Planning and Zoning Advisory Board recommended approval with one modification to the site plan, the adjustment of the handicapped parking. Acting Mayor Genco questioned whether there were any other deviations or comments from the Planning and Zoning Board. Mr. Newell responded there were no other deviations. Council Member Humpage noted this was • where the old WT Grants was, and the Village wanted to improve that area desperately. He mentioned the Village had set it up to be developed in the future, and he supported the Village sticking with the plan. Act.~ng Mayor Genco mentioned she had spoke with Mr. Van Brock on February 15, 2005 and visited the site and walked with him. MOTION: Council Member Humpage moved to approve the site plan for the out- parcel building, as recommended by the Planning and Zoning Board; seconded by Council Member von Frank,• motion passed 4-0. 14. Seaquesta Professional Center- Site Plan Review - Indeco, Inc. representing Henry Greenberg, owner. Located at 390 Tequesta Drive. Mr. Jeff Newell, Community Development Director noted this was a redevelopment of the existing property on the Southwest comer of Tequesta Drive and Seabrook Road. Mr. Newell stated this site plan had been through the Development Review Committee (DRC) review, and Planning and Zoning Advisory Board. He noted the Planning and Zoning Advisory Board recommended approval with one outstanding condition regarding the landscaping in the right-of--way. He explained he would need direction from Council of whether or not they would accept the landscaping within the public right-of--way. He noted the applicant preferred to have landscaping in the right-of--way instead of grass. Mr. • Newell pointed out the applicant had met the 25% greenspace on the 10 Minutes -Village Council Regular Meeting 02/17/05 Page 11 • property. Acting Mayor Genco questioned whether there were any other deviations. Mr. Newell responded there were no other deviations, and that the applicant had worked very hard to meet code and enhance the corner. He reiterated the only outstanding issue was whether Council would allow the applicant to landscape the right-of--way. Council Member Resnik felt if Planning and Zoning Board recommended approval, and did not deny the landscaping in the right-of--way then he would support the project. He suggested a maintenance agreement with the developer to maintain the landscaping in the right-of--way. He suggested getting a letter up front from the applicant that they agree to a maintenance agreement. MOTION: Council Member Resnik moved to approve the site plan as proposed, subject to a letter from the applicant for a maintenance agreement for the landscaping within the right-of--way; seconded by Council Member von Frank Public Comment - Mr. Tom Paterno, resident of River Drive and incoming Council member commented the applicant was proposing vegetation (sword fern) right up to the street edge, instead of grass. Acting Mayor Genco thanked Mr. Paterno for pointing that out. Mr. Randy Hansen, Project Architect, and representing the owner, Mr. • Greenburg noted the owner requested the use of native plantings within the right-of--way. He indicated this would save water, because they were using the Xeriscape concept. He agreed the plantings would be right up to the street edge. He stated the applicant was willing to accept a maintenance agreement. Acting Mayor Genco commented with the traffic the right-of--way may need more maintenance. Council Member Humpage questioned whether there would be irrigation for the plantings. Mr. Hansen indicated there would be a sprinkler system in place for watering if needed. Council Member Resnik pointed out the landscaping ordinance 3- 77 called for native plantings. Council Member Humpage asked if the owner felt the plantings were more attractive than grass. Mr. Hansen explained it was a combination of both: 1) to enhance the building, and overall landscaping appearance, and 2) less maintenance with the plantings instead of the grass. He noted the owner felt it would add interest and excitement to the shopping center. Council Member von Frank stated the Village would not want to see another Hattie Siegel case. Mr. Paterno suggested the Village get a letter from the engineer that the applicant would not connect to the Village drainage system. He felt it should be made known that the applicant can not hook up to the Village drainage. Acting Mayor Genco mentioned the drainage overflow would be after the first 1 %2 foot on site. Council Member Humpage indicated they • would not hook up nor flow into the drainage system until they have 11 Minutes -Village Council Regulaz Meeting 02/17/05 Page 12 reached the 1 '/2 foot outfall. Mr. Hansen indicated the site had a positive • outfall. Mr. Paterno pointed out he had to retain 100% on his property. Acting Mayor Genco stated this was a standazd of the County and the Village, and that the Village follows their design criteria to permit within the Village. Mr. Hansen pointed out the design has to meet all drainage requirements. Motion passed 4-0 IX NEW BUSINESS 15. RESOLUTION 35-04/05 - A RESOLTUION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, ALLOWING FOR THE CHANGE OF THE FORMAT OF THE COUNCIL MEETING MINUTES FROM SUMMARY MINUTES TO VERBATIM MINUTES; ALLOWING THE VILLAGE TO CONTRACT WITH A PROFESSIONAL CONSULTING AGENCY TO TRANSCRIBE VERBATIM MINUTES OF ALL VILLAGE COUNCIL MEETINGS; AND TRANSFERING BUDGETED FUNDS IN THE AMOUNT OF $7,000.00 FROM GENERAL FUND CONTINGENCY ACCOUNT # 001-990-599.902 TO VILLAGE CLERK RECORDING SECRETARY ACCOUNT # 001-120-531.304 TO COVER THE COSTS FOR THE REMAINDER OF THE FISCAL • BUDGET YEAR 2004/2005; AND PROVIDING FOR AN EFFECTIVE DATE. Attorney Hawkins read for the record the title for Resolution 35-04/05. MOTION: Council Member Humpage moved to approve discussion of Resolution 35- 04/05; seconded by Council Member von Frank. Village Clerk Gwen Cazlisle mentioned Council had before them a Resolution to approve Council Meeting Minutes being transcribed in verbatim format. She reviewed the three options proposed for transcribing verbatim minutes, and indicated at this time Council minutes were transcribed in Summary format. She commented the budget costs would need to be taken into consideration. Council Member Resnik commented that the summary minutes seem to have all the information, and that he was happy with his comments and that they captured the overall intent. He suggested on some occasions verbatim minutes may be needed, and at that point they could be requested. He felt there was no need to transcribe verbatim minutes for every single meeting. He supported summary minutes, and verbatim minutes upon request. He stated the value of verbatim minutes in some cases may be valuable. He felt verbatim minutes were very time consuming. • 12 Minutes -Village Council Regulaz Meeting 02/17/05 Page 13 • Acting Mayor Genco noted verbatim minutes contained stronger language. She felt previously the Clerk's minutes were closer to verbatim minutes, and were now missing some important details. She mentioned she puts a lot of thought into what she says at the meetings and would like the minutes to reflect it as part of the record. She explained not many people actually go back and listen to the tapes. She noted she spent time recently going through the tapes in an attempt to capture the discussions. She felt the $1,000.00 a month was worth it to have an accurate record. Council Member Resnik questioned whether verbatim minutes could be transcribed for Vice Mayor's Genco comments only. Council Member Humpage pointed out the Resolution was to hire a court stenographer to transcribe the minutes. He suggested the investment for a new recording system may want to be looked at. Village Manager Couzzo indicated Staff could do verbatim minutes for Vice Mayor Genco's comments, and that Staff could transcribe the minutes closer to verbatim format. Council Member Resnik questioned whether the court stenographer would be typing the verbatim minutes. Village Clerk Carlisle responded in the affirmative, and noted there would be a charge to have the court stenographer present to do the dictation at the meeting. Council Member Humpage commented 70% of the meeting discussion he did not see as a challenge, and would not need to be verbatim minutes. Acting Mayor Genco commented the minutes needed to be an accurate record, and that summary minutes were not whole and did not reflect the whole content. • Council Member Humpage noted the tapes were on file, and could be pulled and minutes transcribed verbatim if needed. Public Comment Ms. Pert Town, resident of Fairway North felt most businesses do not keep the tapes for very long. She questioned how long the Village keeps their tapes. Village Clerk Cazlisle indicated the Village has kept the tapes on file. She mentioned the retention times by State guidelines were for 2 years after the adoption of the official minutes. She noted the written minutes were the official and permanent copy on file. Council Member Humpage commented when the tapes aze destroyed the Village still has a written record of the meeting. Mr. Tom Paterno, resident of River Drive and incoming Council Member questioned whether the Planning and Zoning Advisory Boazd Meetings were transcribed in verbatim format. Village Clerk Carlisle indicated they were transcribed in summary format. Acting Mayor Genco felt the cost to hire someone was well worth it. She stated it was a records issue. Dr. Richazd Dube, resident of Country Club Circle felt the hiring of a court stenographer would give an accurate record, and suggested it was an important access issue. Acting Mayor Genco stated the discussion was • now closed, and called for a vote. 13 Minutes -Village Council Regular Meeting 02/17/05 Page 14 • Motion failed 1-3. (Council Member Humpage, Council Member Resnil~ and Council Member von Frank dissenting 16. Discussion regazding the Staff of the Village of Tequesta transcribing the minutes for the Loxahatchee Coordinating Council Meetings. Acting Mayor Genco indicated she had been appointed as Council's liaison to represent Council at the Loxahatchee Coordinating Council (LCC) meetings. She mentioned she was elected as Secretary to the Council, and requested help in transcribing the minutes, in summary format. She commented other municipalities have taken their turn in transcribing the meeting minutes, and it was her turn at this time. Council Member Humpage questioned whether the other municipalities had their Staff transcribe the minutes. Village Manager Couzzo suggested the Administrative Secretary through the Village Manager's office could do the work. Acting Mayor Genco indicated she would supply the tapes and handouts to Staff. Council Member Resnik questioned how many hours of Staff time would this involve per month. Acting Mayor Genco mentioned the LCC meets every two to three months. She pointed out they review have been reviewing the Mecca and Varvus site drainage, and other drainage issues.. • Council Member Humpage stated he did not want the Village Clerk placed into the mix, because her time was spent doing all the other minutes. Acting Mayor Genco explained the minutes would generally be 4-6 pages, and would take approximately 1 hour to type. Council Member Resnik felt this would set a precedent for the Village to do minutes that were not Village related. He suggested the use of discretionary funds to pay for this. He stated he would not want to use Village funds. Council Member Humpage questioned how long would Staff be taking on this work. Acting Mayor Genco indicated as long as she was Secretary to the Council, which generally changed every year. Council Member Humpage felt the Village should do its fair share, and that the Village would be committed for a year. Council Member Resnik commented if the Village Manager wanted to try it, then it was worth a try. Council Member Humpage agreed, and felt someone needed to keep a handle on this. Consensus of Council agreed to have the Administrative Secretary to the Village Manager transcribe the meeting minutes for a limited time only. Acting Mayor Genco mentioned there may be times she could not attend a meeting, and that Council had not appointed an alternate for her. She suggested Ms. Susan Kennedy be appointed as her alternate to serve in her absence. She noted Ms. Kennedy was not a Village resident, but was a • member of the Jupiter Farms Coalition and very active regazding 14 Minutes -Village Council Regular Meeting 02/17/05 Page 15 • environment issues for the area. She mentioned the Village Council appointments to the various governmental entities would be coming up in Mazch or April to Council. Consensus of Council agreed to Ms. Susan Kennedy as their selection for an Alternate Member to the LCC to represent the Village in Vice Mayor Genco's absence. 17. Update on the Continuing Services agreement process with Landscape Architects. Assistant Manager Robert Garlo reviewed for Council the continuing services agreement process regarding the Landscape Architects. He mentioned the Village sent out a Request for Proposals (RFP) for Landscape Architectural Consultant Services, in which 8 or 9 companies responded. He mentioned the review committee consisted of 4 staff members, and indicated this would come to Council in the future for final decision. Acting Mayor Genco felt having a continuing services agreement that there would be no incentive for the companies to keep the costs down. She felt the smaller land projects for $5,000.00 or $10,0000.00 could go to the Planning and Zoning Board, and may not need to come to Council. She commented pre-selecting companies gives them no incentive. Assistant Manager Gazlo explained the Consultant Negotiating Act (CNA) sets the prices. Acting Mayor Genco pointed out the CNA does not cover a project out to bid. She felt they should be hired on a bid basis, not apre- • selected basis. Assistant Manager Garlo felt the CNA process was a quicker, more efficient process to bring a project to Council. Acting Mayor Genco indicated she had spoke with Ms. Wendy Harrison, Special Projects Coordinator and the work was done 2 % yeazs ago for the FEC project. She felt it should have gone to Community Appearance Boazd (CAB) at that time, and did not think it was a good idea, just by example of how long it has taken to fruition. Council Member Resnik questioned what incentive does the Village have to have them come in a do the work at a moments notice. He mentioned Steve Pazker came in and worked for the Village on the Landscaping Ordinance 3-77. He felt Council should have an idea on a contract and the cost before the work was started. Acting Mayor Genco felt this was wide open to put someone out there to work, and questioned where was all this work for landscaping going to be within Village. Assistant Manager Garlo pointed out this was similaz to the engineering continuing services contract. He mentioned the projects would still go out to bid and come to Council. Acting Mayor Genco felt $250,000.00 was too high for projects using the Continuing Services contracts. She indicated she was not in favor of this process. Council Member von Frank agreed. Council Member Resnik questioned whether additional information would be beneficial for Council's decision. Acting Mayor Genco suggested one person handle the smaller projects. Council Member Resnik suggested having a landscape architect on retainer for • smaller projects, at as long as there was no cost the Village. 15 Minutes -Village Council Regular Meeting 02/17/05 Page 16 • Village Manager Couzzo stressed Council had to approve all projects over $15,000.00. Acting Mayor Genco suggested Council allow for a contmumg service contract for a landscape architect for projects under $15,000.00. Consensus of Council agreed. 18. Consideration of attorney client session relating to Village of Tequesta vs. Hattie Siegel, Case No. CA 02-5834AB to be held Thursday, February 24, 2005 at 6:00 P.M. at the Tequesta Recreation Center, 399 Seabrook Road, Tequesta, Florida. ATTORNEY CLIENT CLOSED DOOR SESSION TO BE ATTENDED BY: MAYOR PAT WATKINS VICE MAYOR GERALDINE A. GENCO COUNCIL MEMBER EDWARD D. RESNIK COUNCIL MEMBER RUSSELL J. VON FRANK COUNCIL MEMBER JIM HUMPAGE VILLAGE ATTORNEY SCOTT HAWKINS VILLAGE MANAGER MICHAEL R COUZZO, JR. CERTIFIED COURT REPORTER Attorney Hawkins mentioned the foreclosure sale would be on Thursday, • March 03, 2005. He indicated he would need Council direction on how to move forward. He explained the session would take approximately 45 minutes, and a notice would need to be completed. Consensus of Council agreed to hold the Attorney/Client (Closed door) session at 6:00 P.M. on February 24, 2005 at the Tequesta Recreation Center with the above named people in attendance. 18.1 RESOLUTION 40-04/05 - A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA DECLARING ITS SUPPORT FOR THE ATTRACTION OF THE SCRIPPS RESEARCH INSTITUTE AND OTHER BIOTECH AND RESEARCH AND DEVELOPMENT BUSINESSES TO THE NORTH COUNTY AREA, BRIGER/ABACOA SITE. Acting Mayor Genco mentioned the Town of Jupiter approved a similar resolution in August 2004 regarding its support for the Scripps Research Institute. She indicated the City of Palm Beach Gardens had placed it on their agenda, and Palm Beach County Boazd of County Commissioners would be making a decision on the Scripps location on February 24, 2005. She explained the reason she was placing this on the agenda was so the • Council could send a copy of the Resolution to the County showing the 16 Minutes -Village Council Regular Meeting 02/17/05 Page 17 • Village's support. She mentioned the Commission was considering two sites: Mecca and the Briger Tract/Abacoa site. She commented FAU and the Abacoa Development of Regional Impact (DRI) had incorporated into their plans to accommodate the housing, insdustrial, and a railroad location. Acting Mayor Genco mentioned this site was already set up to accommodate this project, and the Town of Jupiter and the City of Palm Beach Gazdens have endorsed this location. Council Member Resnik noted he had a great objection to the site. He felt the Village of Tequesta would benefit from Scripps coming to any of the northern Palm Beach County locations. He felt the project would bring more traffic to Abacoa, and felt it should be the decision of the County Commission to pick the location for Scripps. He stressed Jupiter and Palm Beach Gardens have a vested interest in bringing the project to their municipalities. He stated the Village of Tequesta does not have a vested interest. Acting Mayor Genco felt the Village does have a vested interest. She noted there would be an impact on the water resources, and the bio-habitant surrounding the River. Council Member Resnik noted he would not want it at Mecca, but felt the Florida Reseazch Pazk was still under consideration, and a good location. Vice Mayor Genco felt the Florida Research Park was not in the running as a site, because of the severe pollution at the Pratt Whitney site. She indicated the scientists did not want that location. • MOTION: Council Member von Frank moved to approve for discussion Resolution 40-04/05; seconded by Council Member Humpage. Council Member Resnik mentioned he would support the Resolution if the language was revised to stop after "North County Area", instead of the Briger/Abacoa site. Acting Mayor Genco mentioned the "north county area" could also mean Mecca. Council Member Resnik mentioned I the newspapers there was a builder for Abacoa who would be putting up the money for the Abacoa site. Acting Mayor Genco pointed out the Abacoa site already was the temporary location for Scripps, and they had plans for a Science building on the Florida Atlantic University (FAU) campus. Motion passed 3-1 (Council Member Resnik dissenting) Acting Mayor Genco requested this Resolution be sent to the Palm Beach County Commissioners tomorrow so they would have it in time for the Commission Meeting. X. ANY OTHER MATTERS Acting Mayor Genco mentioned that Dr. Tarplee had been waiting for approval for such a long time regazding the remodel and renovation of the old Tony's Restaurant on Cypress Drive. She indicated he had been going • through the process to add a second story and renovate the existing 17 Minutes -Village Council Regular Meeting 02/17/05 Page 18 • facility. She indicated he has been delayed because of submitting the wrong form, given to him by Staff, and then another delay regazding the criteria changing on the interior of the building. She explained he has been making the mortgage payments, and has hired an engineer and azchitect to try and get this project finished up. She noted it was the old Chinese restaurant. Council Member Resnik questioned whether that was a caz maintenance facility. Acting Mayor Genco requested that Mr. Newell, the Community Development Director find out what was needed to help move this project along. Village Manager Couzzo indicated Mr. Newell would contact Dr. Tarplee tomorrow. Council Member Humpage stated that was the renovation for the veterinary hospital. Acting Mayor Genco suggested the Village should do very thing possible to encourage businesses like this. Mr. Steve Willie, resident of Yacht Club Place reiterated to Council the ruling on the portion of the right-of--way to the reaz of his property. He stressed there were no private roads allowed in the Village, and noted by Palm Beach County code a dead end road has to have a cul-de-sac. He explained in the ruling the judge brought to his attention that 10 foot was a dedicated easement for utility, and 33 foot was needed for a road. He felt that two of the property owners would challenge the ruling. Acting Mayor Genco indicated Attorney Hawkins would make sure that the Village would be justified for doing this, and if challenged they would pay our • attorney fees. She mentioned there were several codes to review. Mr. Willie mentioned there was slot-owners agreement that needed to be reviewed, that he did not sign. XI. ADJOURNMENT MOTION: Council Member Resnik moved to adjourn the Meeting; seconded by Council Member von Frank; motion passed 4-0. The Meeting was adjourned at 9:00 P.M. Village Clerk Gwen Cazlisle • 18