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HomeMy WebLinkAboutMinutes_Regular_12/09/2004• MINUTES VILLAGE OF TEQUESTA REGULAR VILLAGE COUNCIL MEETING THURSDAY, DECEMBER 9, 2004 399 SEABROOK ROAD TEQUESTA, FLORIDA I. CALL TO ORDER AND ROLL CALL The meeting was called to order by Mayor Pat Watkins at 7:00 P.M. A roll call was taken by Village Clerk, Gwen Carlisle. Present were: Mayor Pat Watkins, Vice-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., Acting Village Attorney Stirling Clarke, Village Clerk Gwen Carlisle, and Department Heads. Mayor Watkins thanked everyone for attending the Meeting, and wished everyone a happy holiday season. II. INVOCATION AND PLEDGE OF ALLEGIANCE Pastor Paul Beresford of First Baptist Church of Tequesta commented he was • asked to speak at the Council Meeting and give his thoughts for the past year. He mentioned it was honor and privilege to serve in the Village of Tequesta, and to be part of this great community. He highlighted some of his more memorable events: • Mother's Day -mentioned he received a call from Mayor Watkins to assist her in delivering flowers to all the female Village employees. • Memorial Day -listened to the speeches and music at Riverside Park in remembrance of all the Veterans on their special day. • 4th of July celebrations in the Village of Tequesta • July 8th Council Meeting -when Police Officer Charles Malley had been called to active duty in Irag, and the Village Council was grateful enough to extend his pay while serving in the military. • National Night Out -thanked the Police Department for pulling the event together, and providing a time of recreation and fellowship. He complimented the Fire and Police Department for the way they handle situations and safety for the community. • Hurricanes Frances and Jeanne - mentioned it was extraordinary experience for him to see Council, Fire and Police Personnel, and Staff working together for the benefit of the community. Thanked Lt. Momll, Chief Allison, the Mayor, Council, and the Village Manager for the time spent delivering ice and water to the residents. • December 7, 2004/September 11, 2001 Remembrance Day -the coming together of Veterans (Generals, Captains, Rear Admirals, etc.) and all the men that were responsible for saving thousands and thousands of lives. He noted it was a humbling experience for him to be part of this event. ~i Minutes -Village Council Regular Meeting 12/09/04 Page 2 Pastor Beresford gave the innovation. Mayor Watkins thanked Pastor Beresford and his wife for being part of the community, and indicated word was that Officer Malley might be home for Christmas. Council Member von Frank led the pledge of allegiance to the flag. • III. APPROVAL OF AGENDA Vice Mayor Genco removed Item V. I. Vice Mayor Genco mentioned the August 30, 2004 Budget Workshop Minutes had been revised to include the additional information requested by her at November 18, 2004 Regular Council Meeting. MOTION: Council Member Humpage moved to approve the agenda, as amended; seconded by Council Member Resnik; motion passed S-0. IV. UNFINISHED BUSINESS Mayor Watkins mentioned Item IV (1) were Consent agenda items from the November 18, 2004 Regular Council Meeting. She indicated due to a technically, the motion for approval was omitted. MOTION: Council Member von Frank moved to approve Item 1; seconded by Council Member Resnik; motion passed 5-0. 1. Council approval of Items A, D, F, G, I, J, and M from the November 18, 2004 Regular Council Meeting. A. Village Council Budget Workshop Meeting Minutes of August 16, 2004. D. Village Council Public Hearing on Final Millage and Final FY 2004/2005 Budget Meeting Minutes of September 30, 2004. F. Village Council Regular Council Meeting Minutes of October 7, 2004 • G. RESOLUTION NO. 14-04/05- A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, APPROVING A CONTRACT WITH JLH ASSOCIATES, AT THE RATE OF $100.00 PER HOUR, FOR PROFESSIONAL PLANNING AND ZONING SERVICES IN THE DEPARTMENT OF COMMUNITY DEVELOPMENT ON APART TIME BASIS, WITH AN APPROVED FY 2004/2005 BUDGET AMOUNT OF $32,000.00 IN COMMUNITY DEVELOPMENT, PLANNING SERVICES ACCOUNT 001-150- 531.322. 2 Minutes -Village Council Regular Meeting 12/09/04 Page 3 I. RESOLUTION NO. 16-04/05 - A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING A PROPOSAL FROM FORT LAUDERDALE HARLEY- DAVIDSON, OF FORT LAUDERDALE, FLORIDA, FOR A ONE YEAR LEASE OF A 2005 HARLEY-DAVIDSON FLHPI POLICE MOTORCYCLE IN THE AMOUNT OF $2,340.00, HAVING A FY 2004/2005 GENERAL FUND POLICE DEPARTMENT BUDGET ALLOCATION OF $5,040.00 IN ACCOUNT #001-171 544.301 AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE APPLICABLE CONTRACT ON BEHALF OF THE VILLAGE. J. RESOLUTION NO. 17-04/05 -A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING A PROPOSAL FROM DUVAL FORD, OF JACKSONVILLE, FLORIDA, FOR ONE FORD CROWN VICTORIA POLICE CAR PER THE FLORIDA SHERIFFS ASSOCIATION BID AWARD 04-12-0823 IN THE AMOUNT OF $21,837.00, HAVING A FY 2004/2005 GENERAL FUND POLICE • DEPARTMENT BUDGET ALLOCATION OF $23,500.00 IN ACCOUNT #001-175 664.602 AND AUTHORZING THE VILLAGE MANAGER TO EXECUTE THE APPLICABLE CONTRACT ON BEHALF OF THE VILLAGE. M. RESOLUTION 19-04/05 - A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA AUTHORIZING THE CLOSING OF FUND #415 COMMUNITY DEVELOPMENT AND AUTHORIZATING THE TRANSFER OF REMAINING CASH AND INVESTMENTS FROM FUND #415 COMMUNITY DEVELOPMENT TO GENERAL FUND #001 AND AUTHORIZATING THE TRANSFER OF OTHER REMAINING ASSETS, LIABILITIES AND EQUITY OF FUND #415 COMMUNITY DEVELOPMENT TO PROPERLY SHOW SUCH ASSETS, LIABILITIES AND EQUITY GOING FROM A BUSINESS TYPE ACTNITY TO A GOVERNMENT TYPE ACTIVITY WITHIN THE VILLAGE OF TEQUESTA. 2. The following Items B and C were removed from the Consent Agenda at the November 18, 2004 Council Meeting. B. Village Council Budget Workshop Meeting Minutes of August 30, 2004. 3 Minutes -Village Council Regular Meeting 12/09/04 Page 4 C. Village Council Public Hearing on Tentative Millage and Tentative FY 2004/2005 Budget Meeting Minutes of September 16, 2004. Mayor Watkins indicated if there were no discussion on these items, they could be taken as one motion for approval. MOTION: Council Member Resnik moved to approve Item 2, B and C; seconded by Council Member Humpage; motion passed S-0. 3. Council appointments of members to the Board of Adjustment. Village Clerk Gwen Cazlisle indicated three people had submitted applications for the Board of Adjustment. She indicated there were two Alternate Member positions and one Regular Member position available. She mentioned Mr. Ward Bertholf indicated he would like to become a Regular Member, instead of an Alternate Member. MOTION: Council Member von Frank moved to approve discussion of Item C; seconded by Council Member Resnik. Council Member von Frank suggested appointing Mr. Bertholf as a Regulaz Member to the Boazd. Council Member Humpage noted for the record that Mr. Bertholf was his Father-in-Law. MOTION Council Member Resnik moved to approve the appointments of Mr. Ward Bertholf, as a Regular Member for a three year term, and Mr. Bernard Ward and Mr. John Brazinskas as Alternate Members for two year terms; seconded by Council Member von Frank; motion passed S-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. Vice Mayor Genco removed Item V. I. Council Member Humpage asked for a clarification on Item C, Planning and Zoning Advisory Boazd Meeting Minutes, November 17, 2004, Page 3, Paragraph 2, regarding a typographic error with the Attorney's name, and the Community Development Director's name. He asked that the Minutes reflect the correct person who made the comment. MOTION: Council Member Humpage moved to approve the Consent agenda, as amended; seconded by Council Member von Frank. 4 Minutes -Village Council Regular Meeting 12/09/04 Page 5 Therefore the following items were approved on Consent agenda: A. Planning and Zoning Advisory Board Meeting Minutes October 26, 2004. B. Planning and Zoning Advisory Board Meeting Minutes August 18, 2004. C. Planning and Zoning Advisory Board Meeting Minutes November 17, 2004 D. Public Safety Officers Pension Board Meeting Minutes August 10, 2004. E. General Employees Pension Board Meeting Minutes August 10, 2004. F. RESOLUTION 21-04/05 - A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA AUTHORZING THE VILLAGE OF TEQUESTA TO ADOPT THE REVISED UNIFIED PALM BEACH COUNTY LOCAL MITIGATION STRATEGY PLAN; AND PROVIDING FOR AN EFFECTIVE DATE. G. RESOLUTION 22-04/05 - A RESOLUTION OF THE VILLAGE • COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA APPROVING AN INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY AND THE VILLAGE OF TEQUESTA THROUGH WHICH THE COUNTY WILL PROVIDE FINANCIAL ASSISTANCE TO THE VILLAGE FOR IMPROVEMENTS TO BE MADE IN THE VICINITY OF THE TEQUESTA DRIVE AND OLD DIXIE HIGHWAY INTERSECTION. H. RESOLUTION 23-04/05 - A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA AWARDING THE THIRD YEAR CONTRACT TO LINE-TEC, INC. OF BOYNTON BEACH, FLORIDA, IN THE AMOUNT OF $45,000.00 FOR TOUCH READ METER INSTALLATION AND METER BOX REPLACEMENT, HAVING BEEN BUDGETED FOR FY 2004/2005 IN ACCOUNT #401-411- 652.601 INTHE WATER UTILITY FUND AND HAVING A BUDGET ALLOCATION OF $150,000.00, AND AUTHORIZING THE VILLAGE MANAGER TO EXCUTE THE APPLICABLE CONTRACT ON BEHALF OF THE VILLAGE. J. RESOLUTION 27-04/05 - A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH • COUNTY, FLORIDA, APPROVING A MUTUAL AID AGREEMENT BETWEEN ALL LAW ENFORCEMENT AGENCIES IN PALM BEACH COUNTY AND THE VILLAGE OF TEQUESTA, 5 Minutes -Village Council Regular Meeting 12/09/04 • Page 6 ESTABLISHING OPERATIONAL ASSISTANCE AND VOLUNTARY COOPERATION ACROSS JURISDICTIONAL LINES, AND AUTHORIZING THE MAYOR TO EXECUTE THE SAME ON BEHALF OF THE VILLAGE. END OF CONSENT AGENDA ITEMS REMOVED FROM CONSENT AGENDA I. RESOLTUION 26-04/05 - A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA REQUESTING THE STATE OF FLORIDA TO CONDUCT A FULL INVESTIGATION OF FLORIDA POWER AND LIGHT' S PRACTICES. Attorney Hawkins read for the record the title of Resolution 26-04/05. MOTION: Council Member von Frank moved to approve discussion of Resolution 26-04/05; seconded by Council Member Humpage. Vice Mayor Genco indicated the Florida League of Cities was one of the • organizations spearheading this investigation to some degree. She noted she strongly supported the investigation, and pointed out that a recent article in the newspaper was inaccurate regarding their information. She explained the opportunity was there to inform the public that she was for undergrounding powerlines. She mentioned she hoped the Village would look at what Jupiter Inlet Colony and Jupiter Island were doing and report back to Council to see if it was something the Village might be interested in doing, or participating in. She hoped this Resolution would encourage FPL to start doing more undergrounding. Council Member von Frank explained he was in contact with FPL regarding a dangerous situation behind his residence, and that so far nothing had been done, and if any documentation were needed he would make it available. Mayor Watkins commented the Village became aware of this matter after receiving a letter from the Town of Palm Beach, Mayor Lesly Smith asking for the Village's support for this Resolution. Mayor Watkins indicated some of the comments that Council could recall after the storms from the public were what could the Village do to make things better. She explained so many people were without power for quite some time, and if there was anything the Village could do that should be looked into. She indicated she supported the Resolution. Village Manager Couzzo mentioned he received a call from a senior FPL representative today • regretting that he could not attend the Council Meeting. 6 Minutes -Village Council Regular Meeting 12/09/04 • Page 7 Village Manager Couzzo commented FPL indicated they would contact Staff as early as next week to discuss whatever matters needing attention to address the Village's concerns. Motion passed S-0. END OF ITEMS REMOVED FROM CONSENT AGENDA VI. COMMUNICATIONS FROM CITIZENS -None VII. COMMUNICATIONS FROM COUNCIL COUNCILMEMBER VON FRANK - Complimented Mayor Watkins on the great job she has done as Mayor over the past year, and thanked the Village Manager and Staff on receiving close to one million dollars in grant funds during the past year. COUNCILMEMBER RESNIK - Noted how fortunate the Village was to survive two hurricanes with no loss of life, or major damage. He recapped the State of the Village for the • past year: ^ The Village having no crime due to the Fire and Police Departments. ^ Great Public Service to the citizens and residents ^ Great Village Manager and Staff that work on a day-to-day basis for the Village. ^ New residential and commercial business construction in the Village to enhance the Village's tax base. ^ The Village's tax base has been growing each year, with an 18% increase last year. ^ The Water Utility has been improved and expanded each year, which provides additional revenues for the Village. ^ The new Public Safety Facility weathered well in the two hurricanes, and performed with great success. ^ The new Village Hall is in the fmal design stage, and will be constructed in 2005, with no added debt to the Village. ^ Excellent Village Budget to guide the Village throughout the year. ^ The Village has received grant funding in excess of $900,000.00 during the past year. ^ The Village has grown and matured, and is truly a great place to live for the young and old alike • - Extended his best wishes to his colleagues (Council), the Village Manager, all Village employees, and all Village residents for a happy and joyous holiday season, and great 2005. 7 Minutes -Village Council Regular Meeting 12/09/04 Page 8 • COUNCILMEMBER HUMPAGE - Mentioned he spent many hours recently in Constitution Park since his granddaughter was visiting, and noted how interesting it was meeting some of the newer and younger Village residents. He noted that was a good way for him to get a new perspective on things, and receive input by talking with the next generation. - Wished everyone in the community and Staff a happy holiday season, and new year. VICE MAYOR GENCO - Wished everyone a happy holiday season. - Loxahatchee River Preservation Initiative -announced she received a thank you letter regarding the Council donation of $1,000.00 for support of the Initiative. She mentioned she received a copy of their 2005 Legislative Appropriations Brief where they had raised matching funds from different organizations totaling $3,573,000.00 for River restoration projects. She reminded Council they were offering to provide funds to do a river enhancement project. - Financial Polices and Procedures - (Verbatim Transcript) -Numerous times at prior Council Meetings, I have asked that we develop some financial policies and procedures, and to date I haven't seen any that have been developed. And I will stress to you that under the current environment, with Sarbannes-Oxley that Oj~cers and Directors and Officers of public companies, or municipalities have a responsibility, and that responsibility is to do the best that we can to supervise a number of different functions, one of them including Finance. And I really believe that we need to have some financial policies and procedures. And I am asking for your support and directing the Manager to get these procedures written and adopted. It's for our protection, and it is also for the protection of the public from the Village. So perhaps one of you at some point will support my recommendation. - Development Matters - (Verbatim Transcript) Vice Mayor Genco - Another item I want to address is something I think, Development Matters, and it's something that has troubled me greatly. And I know in today's environment with the things that are happening with the war, which I can't do anything about, I have a lot of empathy for. I have to focus on the things I can do something about. And this is something that troubles me, so I am bringing it up. In July, at the Council Meeting, which was July 8~'. I made note of an article, I read in the Palm Beach Post regarding the 12-story Atlantis project. I noted that the article had a comment from Michael Couzzo about the Atlantis development, and I requested that the developer do a 8 Minutes -Village Council Regular Meeting 12/09/04 • Page 9 presentation before the Council, and my concern was that the proposed design violated our code of ordinances. Later at an August Council Meeting, which I missed, the Council decided not to entertain conceptual review of that project. I had subsequent conversations with the Manager on this matter. And beginning the first of October I began to request a meeting with him. That meeting finally occurred on October 29~'. At that meeting I was told that it was thought that project could be handled as an exception, although it would come to the Council for final approval. After some discussion it was agreed that the Village's legal Counsel would be involved in the analysis of that project. The week after my meeting with Mr. Couzzo, I requested a backup letter that was attached to an earlier letter sent by our Council dated August 27th, to Bill Burkhardt, the developers agent indicating that our Attorney was already familiar with some of the elements of the projects' details. Additionally, since October there have been subsequent communications between the developer, our Manager, and our Village Attorney. Our legal Counselor also discussed the present zoning with Council, which I believe complied with all required ethical and sunshine laws. Although I can not speak for my fellow Council Members I believe that all of my fellow Council Members support the code as it currently exists, and that we all • understand that if there were any further consideration of this project, it is up to the developer to initiate it and that it would be done in a public forum. The larger issue, which is the point of my discussion, has to do with the manner in which this has been handled. Which has been costly, for our Village, it has been at the cost of Staff time, and fees for Planning, Zoning, and legal Counsel. On the developer's side, he has spent $17,000,000.00 for two tracts of land, plus incurred fees for architectural drawings, and Planning and Zoning consultants. I also note, that other parcels have been selling in adjacent land, off-site, at a comparably high cost. The Atlantis development proposed changes, which would have affected a much larger area than just the Atlantis project. It would have encompassed an area between County Line Road and U.S. One for which the Atlantis development had hoped to get a code change to allow a 12-story building. Typically, Community Development would have rejected this application, however it was the Mana.ger's office that was handling this, as they felt it was a higher profile. This is not the way to handle applications for construction for any project. Village Administration should prudently follow the normal administrative process of the Village, without exception, unless we, the Council, have given directional otherwise. Additionally, all of this could have been avoided had we had a process for conceptual review. Two things need to be endorsed as a matter of our policy. And this is up to you whether or not you want to endorse it. One of 9 Minutes -Village Council Regular Meeting 12/09/04 • Page 10 them would be, development applications should be submitted for a conceptual approval to the Council for review. The second is that Village Administration should not be making policy exceptions without our prior Council approval. And I really hope that you will endorse both of these. Mayor Watkins -Vice Mayor Genco let me just say, just for my part, I believe we had the discussion here once, and it was after the Cornerstone Group came here to talk about the Alterra, Crossings Building. VM Genco -Yes. Mayor Watkins -And we decided as a Council, not to entertain developers here at Council prior to their going to P&Z, because it looked like we were skirting around P&Z. That's my recollection. That was a decision we made. VM Genco -That was at the Council Meeting that I missed in August, and you can see now with the problems that have happened because of the Atlantis development not coming in for a conceptual approval. We have gone an spent a lot of the Village's money only trying to handle something on an after the fact basis and the developer has gotten in over his neck, and • apparently there have been people who have been speculating on approval of something which I think the general public did not understand, did not met our Code. And we could have. Mayor Watkins - but I think the process was followed, these people went to Community Development, and they filed an application. I really am not going to entertain the thought that something wrong happened here, because I don't believe that to be true. VM Genco - If in fact, they had gone to Community, I mean I will make a very simple analysis. If I had gone on July 23rd, an presented an application to tear down my home, and built a five story building in it's stead to Community Development, that would have been turned back to me with denial almost immediately. That is not what happened here. And additionally, if you would note, if you have taken the time to look at the file, you will see that not only at the time of submission of the application, did they have all their concurrency reviews. They also had a code amendment, and that code amendment was being discussed with our Council, not our legal Counsel about changing it, because it didn't comply ahead of time. This was not handled in a normal routine matter, because this was a high profile issue, but it should have been. And we now have a developer who is upside down on a piece of property, and we have other parcels of land in that same area that have sold for $650,000.00 for 800 square feet, because people are speculating. And this is an issue we could have exposed for what it was, and explained to the developer that our code 10 Minutes -Village Council Regular Meeting 12/09/04 • Page 11 would not allow something like this. If you want to come in for a process then come into us publicly. And I think that's what we are going to need to do. Mayor Watkins -You're right, Council going to have to review, because as I say, I recall us directly telling the Manager we did not want to entertain developers here at Council, prior to P&Z. Now so we have, If you want to call it, trouble with the process, I'm not sure this meeting tonight is where this is going to be resolved. If we want to. VM Genco - I don't expect it to be. I'm planting a seed here, for you to think of a method to attack something like this, and keep it from happening again. And I have laid out two ways that you can accomplish that. If you would like to come up with some other ideas, believe I would like to know what they are. But I have worked in the permitting and reviewing of projects for almost 17 years for the State, and for the County. And I have learned by trial and experience, so maybe you have other ideas. Mayor Watkins- I don't believe anyone ever led the developer to believe any but there were issues with the height, and the density of that project. They can read the Code just as easily as we can. VM Genco - I think the communication between Council and our Village Staff speak for itself, and I believe it's our duty to do the best that we can to communicate clearly to people, what is going on here. If you received your own newsletter from the Country Club community you noticed that there is a lot of people in there that are concerned about the potential of a 12-story building. We have the responsibility of communicating clearly to our Village residents what we will entertain and what we won't. And this is what I am trying to accomplish. Mayor Watkins - I understand that, and I appreciate your opinion, and I think obviously it's a problem we need to address. We don't want anyone to get the wrong impression ever, but I will say again, I strongly believe that not at any point, did the Manager's Office at anytime give an indication that this project would not have to comply with our Code. I just want to go on the record as saying that. Now, Council Members, does anyone else have comments. Council Member Resnik - Well I agree with you. I believe that a process of a developer dealing with the Manager and the Staff, and submitting his request to the Staff for appropriate review, going through the process, . through P&Z before it comes to Council. Council has the perfect right to put the kibosh on it. Nobody to my knowledge ever preordained any high rise building to be put up in Tequesta, that was in excess of the Code. 11 Minutes -Village Council Regulaz Meeting 12/09/04 • Page 12 VM Genco -You're reacting to this the same way a lot of people out there have reacted to it. That somebody has done something. That is not what I have said. I have simply said, that what we need to do is to develop a process to avoid this from happening again. Mayor Watkins -And that I will go along with, but more than one time there's been the implication of something being said, that I just don't believe was said. And I don't think we have the right to make that kind of statement that's inflammatory at the very least in the public. Now if you want to go to process, I'm good with that, we can go to Workshop, we can go to whatever, but I draw the line at any kind of implication of wrongdoing. VM Genco -Well I'm not. Council Member Resnik - I really think we need a Workshop designed to get this straightened out. I don't think this is the forum to get this straightened out tonight. I think we need a Workshop. I'll support a Workshop to go to a workshop and look at the process as it stands now, and look at what happened as aone-time shot, and see if that's worthy of • going through and changing the process that we have in place right now. I would support a Workshop to do that, 100%. Mayor Watkins - I believe the Attorney has something to say. Acting Village Attorney Sterling Clazke -Thank you. On behalf of Scott Hawkins, the Village Attorney, I would just like to say for the record that the application process for this project was submitted through the proper channels. The Attorney Scott Hawkins, you know, was there to insure this was going through the correct procedures, and process. And that was a lot of his involvement in this, because I don't think we do get code text amendments very often, so we were really insuring that we were doing it in the proper way. I just wanted to say for the record also that this application has been formally denied by the Community Development Staff, and that it is now up to the developer if he wants to come back to the Village for public hearing. I just wanted to make it cleaz though that we really insured that we were doing this through the proper channels. As faz as the procedures that the Village has set forth so faz, so we were following the rules on that. And I apologize for Scott Hawkins missing this meeting, I know that he wanted to be here, but I just wanted to say that for the record to let you know, and we can certainly generate a report on the legal aspects of this from our office, as well, if you would like that. • Mayor Watkins - Is that the desire of Council. 12 Minutes -Village Council Regular Meeting 12/09/04 Page 13 Council Member von Frank - Just a comment. Several months ago I received a telephone call. The applicant wanted to sit down with me. I said for what reason. He said, well I wanted to build a rather large structure. I said, well then may I ask a question. Have you gone to the Zoning, or have you gone through the Board of Adjustment, and so forth. He said, No. Well then you are not going to talk to me first, you will speak to them, get their input, then when they come to me, I respond. But right now, No. Note: At the February 17, 2005 Regular Council Meeting, Acting Mayor Genco asked that the minutes reflect the comments made by Council regarding the Atlantis project. She felt there was 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. Consensus of Council agreed they were opposed to a 12 story building in the Village, because it was in direct conflict with the current code, and asked the minutes be revised. Council Member Humpage - I might as well put my two cents in. I think the Village got caught in a position, somewhat occurring, because of the developer's anxiousness' to put this project forward, throwing it in the • paper. Everybody in Town thinks we are going to put 12-story buildings up. And as far as the developer's fees, and whatever he incurred, well buyer-beware. You know, You knew what you were coming into when you came here. But I would tend also to agree both with Ms. Genco and the Mayor. I think the Village followed its' procedures, that's not to say we can't have better procedures. I think the Vice Mayor brings a point to the table. We don't want this to occur again. What's to stop somebody else from selling the Mobile station, and putting a paper in the paper of the Harmony Hotel. Nothing can stop that, so what the Village needs to do, is Joe Capretta who I follow in his steps used to say let's, keep it simple. So I think we are trying to act in a responsible matter, but I also agree with the Vice Mayor, maybe there are steps we can take, and we can do that through a Workshop, that we can make this a very simple process. These are the rules in the Village of Tequesta. If you want to change the rules, you have to go to the game master whom we delegate that to be. If it's this Council that's the way it is. But make no mistake the heart of this Council is with it's residents, and we will protect all of the Village, the entire Village, under the codes as they exist. We do not intend to make any exceptions to the code until we find that it is amenable to the people we serve and that is you. So I think we all have, we've all learned a little bit from this project. I feel badly that the residents were misinformed, but I think that the Vice Mayor makes a point when we need to perhaps sharpen • our pencil, put a few more roadblocks in place, or at least tollbooths, and I think we will be better served if we do that. Thank you. 13 Minutes -Village Council Regular Meeting 12/09/04 • Page 14 Mayor Watkins -Thank you. All right then, is it the desire of Council to direct the Manager to set up a workshop on this. Council Member Humpage -yes. Council Member von Frank -yes MAYOR WATKINS - Council Aid to Organizations -announced she had received thank you letters from Jupiter High School Environmental Research and Field Studies Academy, and Limestone Creek Elementary thanking the Village Council for their $1,000.00 contributions. - Loxahatchee Historical Society -asked Council to consider a presentation at the next Council Meeting from Ms. Sharon Walker, Loxahatchee Historical Society thanking Council for their $1,000.00 contribution. Consensus of Council agreed. • VIII. DEVELOPMENT MATTERS A. ORDINANCE 592 -SECOND READING - AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, ANNEXING INTO THE VILLAGE AN AREA OF LAND CONSISTING OF APPROXIMATELY 1.33 ACRES WHICH IS CONTIGUOUS TO THE VILLAGE LIMITS; PROVIDING A LEGAL DESCRIPTION OF THE PROPERTY PROPOSED TO BE ANNEXED; REDEFINING THE BOUNDARIES OF THE VILLAGE TO INCLUDE SAH) REAL PROPERTY; PROVIDING FOR SERVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. Acting Village Attorney Stirling Clarke read for the record the title of Ordinance 592 on Second Reading. MOTION: Council Member von Frank moved to approve discussion of Ordinance 592; seconded by Council Member Resnik. Council Member Humpage indicated that the Planning and Zoning Advisory Board Minutes of August 18, 2004 regarding Item 4, the • alleyway, mentioned there would be improvements to the alleyway, including a wall and landscaping. He mentioned concerns with who would pay for the improvements. 14 Minutes -Village Council Regular Meeting 12/09/04 • Page 15 Mr. Jeff Newell, Director of Community Development mentioned the alleyway would become the property of the Village of Tequesta, so it would be the Village of Tequesta's responsibility to maintain the alley. Council Member Humpage indicated his reason for annexing the properties was he felt they would pay for themselves over the long term. He pointed out he was unaware that there would be costs to the Village regarding the alleyway. He questioned what the costs would be to the Village, because no monies were budgeted. Vice Mayor Genco explained it was her understanding that the easement/alleyway was contiguous to these individual parcels, and because they were part of the title, the alleyway had to be annexed along with the parcels. She thought the property owners were the ones that would pay for the improvements. Mr. Newell requested time to investigate the issue regarding the minutes, and the improvements. He clarified this was a service alleyway, and not an easement. Mayor Watkins opened the public hearing, and asked Council for any ex parte communications. Ex-parte Communications - • Council Member Humpage mentioned he had spoken with Mr. Baldino's Attorney Mr. Mallard. Mayor Watkins asked for anyone to stand to be sworn in. Their being no one to be sworn in, the Mayor asked for Council Comments. Council Member Resnik noted any comments in the Planning and Zoning Advisory Board Meeting Minutes were purely comments, because Council would need to make an approval regarding any improvements. Council Member Humpage indicated it was not a Planning and Zoning Board comment, it was the Community Development Staff that made the comment regarding the Village maintaining the alleyway. He stated the comments were made at the August 18, 2004 Planning and Zoning Advisory Board Meeting, on Page 2, Paragraph 2. Mr. Newell requested time to investigate the issue regarding the minutes, and the improvements. Council Member Resnik indicated even though Staff mentioned it in the Minutes, it still was not binding. Mayor Watkins closed the public hearing. MOTION: Council Member Humpage moved to approve Second ~Zeading of Ordinance 592; seconded by Council Member von Frank; motion passed . S-0. 15 Minutes -Village Council Regular Meeting 12/09/04 Page 16 IX. NEW BUSINESS A. RESOLUTION 24-04/05 - A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA APPROVING THE INSTALLATION OF WATER MAINS IN THE COVE POINT SUBDIVISION, HAVING A ESTIMATED COST OF $183,052.00, APPROPRIATING UNRESERVED FUND BALANCE, IN THE WATER UTILITY ENTERPRISE FUND, INCREASING THE 2004/2005 WATER UTILITY BUDGET BY $183,052.00 AND AUTHORIZING THE VILLAGE MANAGER TO PROCEED ON BEHALF OF THE VILLAGE OF TEQUESTA. Acting Village Attorney Stirling Clarke read for the record the title of Resolution 24-04/05. MOTION: Council Member Humpage moved to approve Resolution 24-04/05; seconded by Council Member von Frank. Mayor Watkins welcomed members from the Cove Point Subdivision. Village Manager Couzzo noted this project was proposed in the 5-year • plan to be completed in 2005/2006. He indicated he had received correspondence from Mr. Russell White, Public Services Manager on October 12, 2004 with a requestlpetition from a number of residents in the Cove Point Subdivision requesting that the project be done as soon as possible to provide them with water. Vice Mayor Genco questioned the number of residents that would not be hooking up. Mr. White noted there were 12 people not in town due to the hurricanes when the petition was circulated. He noted all the rest of the residents had signed the petition. He indicated he could not guarantee whether or not the remaining 12 residents would hook up to the water system. (Public Comment) Ms. Debbie Wysong, resident S.E. Cove Point Street noted those residents had not been contacted since their return. She explained they were under the assumption that if they got a certain percentage of the residents that would be sufficient. Vice Mayor Genco commented that the service would be available for everyone to hook up, but the only cost to the Village would be $32,350.00. Mr. White agreed. Mr. Tom Paterno, resident of River Drive questioned whether the properties were within the Village, and asked why the Village would give them the services without annexing the properties. He indicated he pays several thousand of dollars in taxes to the Village for services, and these • residents would be receiving the water for the cost of a 25% surcharge. 16 Minutes -Village Council Regular Meeting 12/09/04 • Page 17 Mayor Watkins noted the residents of Cove Point Subdivision do not receive Fire or Police Services. Village Manager Couzzo noted Ad Valorem taxes do not support the Water System, which was a separate entity, an Enterprise fund. He indicated when these residents hook up they would pay the capital connection charge. Mr. Paterno indicated any new residential property owner would be charged the connection charge. Village Manager Couzzo commented these residents were in Martin County and annexation would be across the County Line. Vice Mayor Genco mentioned the Village could annex into Martin County. Village Manager Couzzo mentioned it was the desire of Council to expand the Water Utility to provide resources to other customers to ensure the health and long-term well being of the Utility. Vice Mayor Genco noted it was profitable for the Village to sell its unused reserve water. Council Member Humpage commented that from an economic standpoint the water costs were less to Village residents because the Water Utility fund was profitable. Mr. Roger Thomas, resident of S.E. Cove Point Street noted the area does not have Fire and Police protection through the Village, but explained the residents do need the water. He mentioned one of his major concerns, having served on land use advisory boards in Palm Beach County for • years, was the saltwater intrusion problem on the Loxahatchee River. He indicated the saltwater intrusion problem stems from residents on wells draining the freshwater from the subsurface allowing the saltwater to intrude into the Loxahatchee River. He felt the environmental benefit would greater than the costs for the service. Motion passed S-0. Village Manager Couzzo indicated Mr. Thomas was correct that drawing from the aquifer does create problems. He noted the Village had recently been granted an award from the South Florida Water Management District (SFWMD) for $430,000.00 to assist in the development and extension of the Reverse Osmosis (RO) Facility. He mentioned with the extension of the system, there would be an economic benefit, and with the other services Tequesta could provide these areas they may look to annex into the Village. Ms. Pert Town, resident of Fairway North noted back in the early 1980's, Council placed a $10.00 surcharge on the water bill to pay for a certain project. She explained when that project was paid for the surcharge would be removed, and questioned why to this day it had not been removed. Motion passed S-0. 17 Minutes -Village Council Regular Meeting 12/09/04 Page 18 B. RESOLUTION 25-04/05 - A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA ADOPTING A VILLAGE POLICY REGARDING UNDESIGNATED RESERVES AND ESTABLISHING A GOAL FOR THE VILLAGE OF TEQUESTA'S UNDESIGNATED RESERVES IN THE AMOUNT OF 15% OF THE VILLAGE'S ANNUAL GENERAL FUND OPERATING BUDGET FOR RELIEF IN UNFORESEEN EMERGENCY SITUATIONS; AND PROVIDING AN EFFECTIVE DATE. Acting Village Attorney Stirling Clarke read for the record the title of Resolution 25-04/05. MOTION: Council Member Humpage moved to approve Resolution 25-04/05; seconded by Council Member Resnik. Village Manager Couzzo indicated at the last Council Meeting, Council directed Staff to draft a Village policy for Reserves. Vice Mayor Genco suggested striking the words from the Resolution title "Emergency Situations", and also in Section 1. She suggested Section 1, Line 3 would read as follows: "General Fund Operating Budget for unforeseen expenses • for the overall good and welfare of the Village of Tequesta". She suggested using the same language in the title of the Resolution. She explained when this Council was no longer here, the residents would know by this Resolution that these monies were different than the emergency reserve, which was designated. Mayor Watkins questioned whether this matter would be an issue that should be brought up during the next budget process. Council Member von Frank agreed with Mayor Watkins that the budget had been established for 2004/2005 and should wait to the next budget process. Vice Mayor Genco mentioned she was refemng to establishing a policy for the Village, which would not affect this budget. Mayor Watkins pointed out the Village has a designed fund for emergencies, in which Council has the ability to use at their discretion, even though it is designated for hurricane/emergency. Vice Mayor Genco mentioned there should be a line drawn on the Village's cash, so that Council would know what was available over and above that amount, especially when spending other funds. She indicated that would be a way to know not to touch the money unless there was an extreme situation. She commented this was a way of setting aside at least six or seven weeks of the Village's operating budget. Council Member von Frank felt the Village akeady had those • funds set aside. Vice Mayor Genco stressed the Village has the money, but does not have a policy. 18 Minutes -Village Council Regular Meeting 12/09/04 Page 19 Council Member Resnik pointed out the Village has $1,000,000.00 set aside for hurricane relief, not emergencies. He questioned striking the Resolution language "Emergency situations". Vice Mayor Genco noted the Village has $1,000,000.00 to address immediate hurricane problems, such as buildings, infrastructure, etc, but would need additional monies to pay the employees, and to carry on normal Village operations for at least six or seven weeks. Mayor Watkins mentioned she spoke with Mr. Jerry Chiocca, with Rachlin, Cohen regarding the reserves and the $1,000,000.00 set aside. He indicated the designation of reserve funds was a preference, but it did not mean the Village could not use the money. She noted her concern with having a designated fund of $1,000,000.00 and having an additional 15% on top of that set aside. She supported having 15% of the operating budget in reserves, but would not support both. Council Member von Frank suggested moving forward and calling for a vote to see the desire of Council. Council Member Humpage indicated he wanted to have this issue addressed in a public forum, and did not want to wait until budget time. He explained the issue was establishing a policy. He commented at this time the Village has 2 reserve funds: 1) designed reserves in the amount of $1,000,000.00, and approximately $900,000.00 in undesignated funds, S totaling almost $2,000,000.00. He felt the Village should move away from the designated fund, and refer to both funds as "Reserves". He agreed with Vice Mayor Genco and noted if a major hurricane hit Tequesta directly the Village would need more than three months of operating capital. He suggested taking the two funds and calling it the Reserve Fund. Vice Mayor Genco reiterated a line should be set so the Village does not spend those reserves, and the money would be available. She mentioned concerns regarding her conservation with Mr. Chiocca and his agreement with this type of policy. Mayor Watkins asked for clarification regarding Council being able to use the designated reserves for other than hurricanes, should the Village have some ordinary need for those monies. Ms. Joann Forsythe, Director of Finance explained fund balance, and designated and undesignated reserves funds. She indicated the reserve funds were free for Council to use at their discretion, because they were not reserved legally. She pointed out the fund balance was the Village's equity. Vice Mayor Genco noted monies set aside in a designated fund probably would not be used for short term, and could be placed in a longer-term instrument. Council Member Humpage suggested one reserve fund, with a percentage . of the general operating budget. Ms. Forsythe indicated Council would want the fund as an unreserved, undesignated fund balance. Council Member Humpage agreed, and suggested un-designating the whole 19 Minutes -Village Council Regular Meeting 12/09/04 • Page 20 reserve fund and making it a fund balance at whatever percentage Council chose for emergencies, and other uses. He mentioned the other Cities he contacted do not have two reserve funds. Vice Mayor Genco agreed that some have a larger designated reserve. Ms. Forsythe suggested setting a certain amount aside that Council would be comfortable with. Council Member Humpage indicated three months would be approximately $1.6 million. Council Member Resnik agreed with one Reserve fund. He felt the goal should be set for a certain amount, and it should not go below that amount. Ms. Forsythe noted the amount established would be for next years budget. Vice Mayor Genco suggested maybe the percentage for the General Fund should be larger than 15%, possibly 20%. Mayor Watkins suggested establishing the policy and reviewing it during budget time. Village Manager Couzzo mentioned on a $7 million budget, 20% would be 1.4 million. Council Member Humpage agreed to 20%. Mayor Watkins reiterated this was a goal Council was establishing. Vice Mayor Genco suggested striking the language she previously requested, and adopting the Resolution with the same language as drafted, but changing the 15% to 20%. Council Member Resnik questioned what would happen if the reserve fund had more than 1.4 million. Village Manager Couzzo indicated there was more than 1.4 million presently, and they would be undesignated funds. MOTION: Council Member Resnik moved to approve Resolution 25-04/05 for discussion, with the amended language to establish a goal of undesignated reserves in the amount of 20% of the Village's Annual Operating Budget, instead of 1 S%; seconded by von Frank. Council Member von Frank indicated he would like to see some of those dollars spent on the Village's infrastructure, and not sitting in Reserves. MOTION: Vice Mayor Genco moved to approve Resolution 25-04/05, by amending the Resolution to establish a goal of undesignated reserves in the amount of 20% of the Village's Annual Operating Budget, instead of IS%; seconded by Council Member von Frank; motion passed S-0. C. RESOLUTION 28-04/05 - A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA AWARDING A CONTRACT TO DIVERSIFIED DRILLING, INC. (EAST COAST DIVISON) OF WEST PALM BEACH, FLORIDA IN THE AMOUNT OF $836.000.00 FOR THE DRILLING OF THE REVERSE OSMOSIS WELL #3, HAVING BUDGETED $750,000.00 IN FISCAL YEAR 2004/2005 IN ACCOUNT #401-414- 662.700 IN THE WATER UTILITY ENTERPRISE FUND AND APPROPRIATING AN ADDITIONAL $86,000.00 FROM DESIGNATED FUND BALANCE ACCOUNT #401-000-247.303, AND 20 Minutes -Village Council Regular Meeting 12/09/04 • Page 21 AUTHORIZING THE VILLAGE MANAGER TO EXCUTE THE APPLICABLE CONTRACT ON BEHALF OF THE VILLAGE. Acting Village Attorney Stirling Clarke read for the record the title of Resolution 28-04/05. MOTION: Council Member Humpage moved to approve Resolution 28-04/05; seconded by Council Member von Frank. Mr. Russell White, Public Services Manager gave a brief overview of the contract. He noted the approval of this Resolution should be contingent on the approval of Item D, Resolution 29-04/05, Change Order No. 1 to reduce the amount of the contract (deduct items) by $30,000.00. Mayor Watkins thanked Mr. White for the costs savings to the Village. Motion passed 5-0. D. RESOLUTION 29-04/05 - A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, ISSUING CHANGE ORDER NO. 1 TO DIVERSIFIED DRILLING, INC (EAST COAST DIVISION) OF WEST • PALM BEACH, FLORIDA, TO REDUCE THE AMOUNT OF THE CONTRACT BY $30,000.00 (DEDUCT ITEMS), AND REDUCING THE BUDGET BY $30,000.00 THE PROJECT HAVING BEEN BUDGETED FOR FISCAL YEAR 2004/2005 IN ACCOUNT #401-414- 662.700, CAPITAL EXPANSION PROJECTS FUND WITH A BUDGETED ALLOCATION OF $750,000.00 AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE APPLICABLE CHANGE ORDER ON BEHALF OF THE VILLAGE. Acting Village Attorney Stirling Clarke read for the record the title of Resolution 29-04/05. Vice Mayor Genco noted the Resolution should show the revised amount of the budget allocation for the project as $806,000.00, instead of $750,000.00. MOTION: Council Member von Frank moved to approve Resolution 29-04/05 with the amount of the budget allocation revised to reflect $806, 000.00 instead of $750, 000.00; seconded by Council Member Humpage; motion passed 5-0. X. ANY OTHER MATTERS Constitution Park - Mr. Greg Corbitt, Director of Parks and Recreation • gave a status update on the renovations at Constitution Park. He noted he met with CHM2Hil1(Gee and Jenson) to discuss reducing the 4 restrooms in the Park to 2. He suggested a design be put together for 2 restrooms for 21 Minutes -Village Council Regular Meeting 12/09/04 Page 22 a cost savings to the Village. He noted the square footage of the restroom building would stay the same, but the additional space would be used for a concession area. Mayor Watkins mentioned her concern with food being served next to the restrooms. Mr. Corbitt noted there would also be a saving with the fixtures associated with the restrooms. Council Member Humpage asked if the restrooms could have baby-changing stations. Mr. Corbitt indicated they would be included in the plan. Vice Mayor Genco questioned whether the change to the restrooms would provide enough facilities for the Park. Mr. Corbitt felt there would not be problem, since the Park accommodated 2000 people for the Harvest Festival. Consensus of Council agreed with reducing the restroom facilities to 2 restroom stalls instead of 4, and having a concession area. Mr. Corbitt mentioned the Village could save $25,000.00 if the community came together to build the playground equipment. He noted there would be four inspectors, and approximately 50 people needed. Council Member Resnik questioned the supervision that would be needed for the construction. Mr. Corbitt noted the manufacturer of the equipment would certify the equipment to construction standards. Mayor Watkins commented the Harvest Festival was a great success. XI. ADJOURNMENT MOTION: Council Member Humpage moved to approve adjournment of Meeting; seconded by Council Member von Frank; motion passed S-0. Meeting adjourned at 10:00 p.m. ~~ ,Gwen E. Carlisle Village Clerk • 22