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HomeMy WebLinkAboutMinutes_Regular_09/16/2004r~ MINUTES VILLAGE OF TEQUESTA REGULAR VILLAGE COUNCIL MEETING THURSDAY, SEPTEMBER 16, 2004 8:10 P.M. 399 SEABROOK ROAD TEQUESTA, FLORIDA I. CALL TO ORDER AND ROLL CALL The meeting was called to order by Mayor Pat Watkins at 8:10 P.M. A roll call was taken by Gwen Carlisle, Village Clerk. 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., Village Attorney Scott Hawkins, Village Clerk Gwen Carlisle, and Department Heads. II. INVOCATION • Mayor Watkins gave the invocation. The Pledge of Allegiance was led by Mayor Watkins at the Millage and Budget Public Hearings Meeting prior to the start of this Meeting. III. APPROVAL OF THE AGENDA MOTION: Councilmember von Frank moved to approve the Agenda; seconded by Councilmember Humpage; motion passed S-0. IV. PRESENTATIONS AND PROCLAMATIONS A. Proclamation declaring the week of October 3-9, 2004 as Fire Prevention Week in the Village of Tequesta. Mayor Pat Watkins Mayor Watkins read the Proclamation declaring the week of October 3-9, 2004 as Fire Prevention Week in the Village of Tequesta. MOTION: Councilmember von Frank moved to approve the Proclamation; seconded by Councilmember Humpage; motion passed S-0. • VILLAGE COUNCIL REGULAR MEETING MINUTES SEPTEMBER 16, 2004 Page 2 V. UNFINISHED BUSINESS A. POSTPONED TO OCTOBER 7, 2004 ~TTf T A!''~ !`nT7A `~~L' ~~~ST A!`_~ nD TDnTI~TA DAT 1-d T2~T Al,~'LT !'nTTATTV~ L'T nDTTIA A ATTI~~!`LT~~~~~n~"tYC7~l~~F DTT!'T C TT ~ITf T A!'C !'nTTAT(''TT Tn TT~T!'T TTiIL' A AT~T~7 C'~('TTnAT 7 22 Tn i~rr, ~~ -, v~,~~ccv~rr-rT~ DD n^rTn~ Tu n T A r,r~a~~ n~ TLTC ~rrr T n n~ r~n~,?r~,~.~,~,~,~TTrI n~ ~~~ ~~~~~~~ ~, ~~~~~~n ~n D n rrTV n c,~~~ ID,~~~ u~~T~T T~ AST T~ [7TT T Ar~~• DDn~7rnrT.T(`_ DnD e~~,~,~TT TTV DD~,~rPTr_ DnD ~~~ A T n~ nn r~n~ r~~~---~pT~~rL~CT~~~,A~~TPr~R rnnr~Tr A TrnrT DD n~rrr,T,.Tn A,.T ~D~!'TT~ ~ n A T~ • Village Manager Michael R. Couzzo, Jr. This item was postponed by Staff because of advertising requirements. VI. 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 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 requested, prior to the Meeting, removing Item C, the Minutes of the August 30, 2004 Budget Workshop, so the Minutes of August 16, 2004 Budget Workshop Meeting could be considered at the same time. MOTION: Councilmember Humpage moved to approve the Consent Agenda; seconded by. Councilmember Resnik; motion passed 5-0. The following items were therefore approved on the Consent Agenda. A. Ratification of Revised Declaration for the State of Emergency B. Regular Village Council Meeting Minutes of August 12, 2004. C. POSTPONED TO OCTOBER 7, 2004 D. Village Council Emergency Meeting Minutes of September 2, 2004. E. Village Council Emergency Meeting Minutes of September 6, 2004. F. General Employees Pension Board Meeting Minutes of June 22, 2004. VILLAGE COUNCIL REGULAR MEETING MINUTES SEPTEMBER 16, 2004 Page 3 VI. CONSENT AGENDA G. Public Safety Pension Board Meeting Minutes of July 1, 2004. H. Planning and Zoning Board Meeting Minutes of July 21, 2004. I. RESOLUTION NO. 61-03/04 - A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AWARDING A BID PROPOSAL TO OLNEY EARTHWORKS, INC., OF STUART, FLORIDA, IN THE AMOUNT OF $21,014.25, FOR DRAINAGE IMPROVEMENTS ON NORTH CYPRESS DRIVE HAVING A BUDGETED AMOUNT OF $25,000.00 FROM FUND 403-321 662.631 AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE A CHANGE ORDER FOR THE APPLICABLE PROPOSAL ON BEHALF OF THE VILLAGE. Village Manager Michael R. Couzzo, Jr. J. RESOLUTION NO. 62-03/04 - A RESOLUTION OF THE VILLAGE COUNCIL OF THE VII.,LAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING THE 2003/2004 GENERAL FUND BUDGET BY INCREASING REVENUES AND EXPENDITURES BY $23,500.00, TO • INCREASE BUDGETED EXPENDITURES FOR POLICE EXTRA DUTY PAY AND INCREASE BUDGETED REVENUES FROM CHARGES FOR SERVICES -POLICE EXTRA DUTY. Finance Director JoAnn Forsythe K. RESOLUTION NO. 63-03/04 - A RESOLUTION OF THE VILLAGE COUNCL, OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AWARDING A PROPOSAL TO NATIONAL WATERWORKS, OF RIVIERA BEACH, FLORIDA, IN THE AMOUNT OF $59,592.37 FOR THE PURCHASE OF ASSOCIATED MATERIAL FOR THE INSTALLATION OF WATER MAIN IN THE TROPIC VISTA SUBDIVISION, AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE SAME ON BEHALF OF THE VILLAGE. Village Manager Michael R Couzzo, Jr. L. RESOLUTION NO. 66-03/04 - A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROPRIATING $105,000.00 IN THE GENERAL FUND, ACCOUNT #001-160-524.101, WORKER'S COMPENSATION CLAIMS FROM DESIGNATED FUND BALANCE TO FUND RAYMOND SMALL' S WORKER'S COMPENSATION SETTLEMENT CLAIM PAYMENT. Village Manager Michael R. Couzzo, Jr. END OF CONSENT AGENDA • • VII.LAGE COUNCIL REGULAR MEETING MINUTES SEPTEMBER 16, 2004 Page 4 VII. DEVELOPMENT MATTERS A. Consideration of an amendment to the Declaration of Use agreement for the Alterra property, located at the northeast corner of Village Boulevard and Old Dixie Highway. Jeff Newell, Director of Community Development MOTION: Vice 11~Iayor Genco moved to approve discussion of Item A; seconded by Councilmember Humpage. Mr. Jeff Newell, Director of Community Development gave a brief overview of the history of the project. He indicated the original Declaration of Use Agreement limits the use of the property to independent and extended care living uses and requires that it not be subdivided by imposing a Unity of Title Requirement. He introduced Mr. Chris Saia. Mr. Christopher Saia, of Jeck, Hams and Jones, LLP and representing Cornerstone Group Holdings, Inc. explained Cornerstone was currently under a contract to purchase the western portion of the Alterra Property currently known as the Clare Bridge/Crossings property located on the northeast corner of Village • Drive and Old Dixie Highway. He noted Cornerstone intended to develop the northern portion of the property as a townhouse community and to complete the unfinished Crossing Building on the southern side as residential condominiums. He mentioned in order for Cornerstone to move forward they were requesting an amendment to the Declaration of Use Agreement on the property to allow for Townhomes and Condominiums, and asking to permit removing the Unity of Title to allow the property to be subdivided. He stated the applicant at this time was requesting approval from Council to amend the existing Declaration of Use Agreement and the Unity of Title that encumbered the property. Vice-Mayor Genco questioned if the Unity of Title was separate from the Amendment to the Declaration of Use Agreement. Mr. Saia noted the Unity of Title was addressed in Article V of the amended Agreement. Councilmember Resnik questioned whether the Use Agreement had been reviewed by the Village Attorney. Attorney Scott Hawkins mentioned Attorney Randolph had reviewed the Amended Declaration of Use Agreement. Attorney Hawkins questioned whether there was a final draft of the amended Use Agreement. Mr. Saia indicated the final draft was the only document that had an Article VII. Vice Mayor Genco indicated the letter dated September 14, 2004, including the fax, was the draft with all the language revisions Attorney Hawkins questioned the issue of Assignment of Interest. VILLAGE COUNCIL REGULAR MEETING MINUTES SEPTEMBER 16, 2004 Page 5 VII. DEVELOPMENT MATTERS Mr. Sala explained the way the document was drafted it would affect the land only if Cornerstone or their affiliates, or other persons through the Cornerstone contract take title to the property. He noted Cornerstone would be permitted to have a partner under this document. Councilmember Humpage mentioned concerns regarding the Use Agreement and the restrictions being lifted. He felt the Agreement should only be with Cornerstone. Vice Mayor Genco noted it would have to come back to Council if someone else took over. She mentioned concerns with the building on the corner, and explained she would want something to occur within a set time frame. Vice-Mayor Genco commented if they subdivide the parcels, one parcel could be sold to another developer, and felt that was the intent the Assignment. She stated her biggest concern was if Cornerstone decided to sell the property with the vacant condominiums, and Cornerstone was looking for a buyer for that property, the Village could go through another prolonged period before development occurred. Mr. Saia stated the applicant fully expected to proceed, and had no intent at this point to sell, however, he felt the applicant could not be bound because something could happen m three years or four years from now. Attorney Hawkins indicated that he understood that the proposal had been presented that would work as follows: The proposed Use amendment would be executed and held in escrow, and then it would not become effective until the conveyance to Cornerstone by the current owner. Mr. Saia agreed, and commented it was inherent in the draft, not actually stated, because the document would be only executed by Cornerstone, not by the current owner, and therefore it could not take place until after Cornerstone took title. Attorney Hawkins noted Council could consider as an option, that the Agreement would not become effective until Cornerstone took title and then the document would be recorded. He explained the Amendment to the Declaration of Use Agreement would be contingent upon title actually being delivered by Cornerstone. Mr. Sala agreed that the language allow for Cornerstone or a subsidiary to execute the document. Attorney Hawkins stated he would want some sort of document that sets out the understanding about the escrow, and how it would work. Mr. Saia agreed if Council approved the Agreement he would make it contingent upon him writing language that would be acceptable to the Village Attorney, and that the document would be held in escrow until the Village was comfortable that Cornerstone or affiliates had purchased the property. . viLLAGE courrcII. REGULAR MEETING MINUTES SEPTEMBER 16, 2004 Page 6 VII. DEVELOPMENT MATTERS Vice Mayor Genco suggested a time limit for demolition or an application for redevelopment to come forward. Mayor Watkins clarified that Vice Mayor Genco wanted some type of assurance that something would happen with this development. Mr. Soria commented Council may not want to put a time limit on this development, because it may take time to resolve site plan issues, and the applicant would not want to rush and not be in the best interest of the Village or the developer. Vice Mayor Genco asked if 18 months was acceptable to deliver an application. Mr. Soria agreed 18 months was acceptable to deliver an application. Attorney Hawkins indicated that would have to be a condition to the Amendment requested by the applicant to include the language that within I S months from September 16, 2004 the applicant would have to make application for site plan approval. Mayor Watkins noted the applicant had invested a large amount of money into the project, and questioned whether Council was comfortable with setting a time limit. Councilmember Humpage agreed to move forward without the 18 month • time restriction. MOTION: Councilmember Humpage moved to approve the Amendment to the Declaration of Use Agreement, including adding language agreed upon by Mr. Soria and the Village Attorney, that the document would be held in escrow until the Village was comfortable that Cornerstone or affiliates had purchased the property; seconded by Councilmember Resnik. Mayor Watkins asked Mr. Soria to introduce his clients. Mr. Soria introduced Mr. Gerald Valent, Vice President of Cornerstone. Mayor Watkins called the question. (Public Comment) Mr. Tom Paterno resident of River Drive questioned what Mr. Saia meant by affiliates regarding the Use Agreement. Mr. Soria responded there were many different possibilities on the financing. Motion passed S-0. vu.LAGE couNCIL REGULAR MEETING MINUTES SEPTEMBER 16, 2004 Page 7 VII. DEVELOPMENT MATTERS B. Consideration of Variance Request by Equity Ventures Realty representing Tamwest Realty for the property located at 502 U.S. Highway One, County Line Plaza, for relief from the requirement concerning interior parking islands; and Site Plan Review for renovations to County Line Plaza for the previous K-Mart space to be converted to space for Publix. Jeff Newell, Director of Community Development MOTION: Councilmember Resnik moved to approve discussion of Item B; seconded by Councilmember von Frank. Mr. Jeff Newell, Community Development Director indicated this was a conceptual site plan. He noted the Publix building would be smaller than the previous Kmart building. Ms. Carol Lux, Village Planner gave a brief background and history of the site. She indicated Publix would be reducing the square footage of the new building by 56,000 square feet. She explained due to the Village Ordinances it was Staffs • determination for the applicant to submit a new site plan for the entire property, including the out-parcels. She mentioned the Development Review Committee (DRC), and the Planning and Zoning Board had reviewed the site plan. Ms. Lux thanked Mr. Steve Parker, of Parker Design Group for the amount of time spent in reviewing the current and proposed landscaping design. Ms. Lux noted there were several variances previously approved for this site. She explained the open space proposed by the applicant was approximately 20%, which was less than allowed by code (25%}. She noted the applicant was requesting a variance regarding the interior landscaping of the parking areas, so that the interior parking islands may be less than six feet wide and 20 feet in length. She indicated the majority of the islands that required a variance were located in the area fronting the old Winn Dixie, and the new Public parking area would be improved to the current regulations. She mentioned the parking was more than adequate, so there was room to eliminate parking spaces. Attorney Hawkins swore in 4 people. Vice Mayor Genco questioned whether there was a way for Publix to make the improvements in phases, so they could bring everything up to the current code. Ms. Lux noted Staff felt it was substantial improvement and by definition would • require an entire site plan approval. She indicated the applicant was requesting the . VILLAGE coulvciL REGULAR MEETING MINUTES SEPTEMBER 16, 2004 Page 8 variance for afive-foot width and 18 foot length on the parking islands. She stated Staff's recommendation was to deny the variance. Mr. Barney Danzansky, President of Equity Ventures Realty and representing Tamwest Realty reviewed the advantages of the project. He noted when the parking islands were constructed they were not built to the current code, and still remain unchanged. He agreed to comply with the six-foot width for the islands, but felt the length requirement was complicated, noting the entire parking lot would need to be scraped to meet the 20 foot length of the islands. Councilmember Resnik noted the current islands were neatly landscaped and the length appeared to cover the parking length. Village Manager Couzzo noted the shorter islands could push the vehicle out into the drive aisle. Vice Mayor Genco questioned the requirements for new development projects. Mr. Newell responded a standard parking stall should be 9x18. Ms. Lux indicated in order for the applicant to comply with the code, an entire drive aisle should be eliminated. (Public Comment) • Mr. Tom Paterno, resident of River Drive suggested Publix might want to consider angle parking. Mr. Danzansky explained Publix would prefer angle parking, but mentioned concerns on the cost to scrap the existing islands, including the landscaping and the lighting. Councilmember Resnik supported the six-foot width and 18 foot length for the islands. Councilmember Humpage questioned whether were many accidents within the parking aisles. Chief Allison responded no. Chief Weinand indicated there have been no problems driving through the parking aisles with fire vehicles. Councilmember Humpage felt this was the time for upgrades and suggested few more dollars be spent to make this place the class plaza it should be. He explained he would want to move forward and receive the 25% open space as required. The Mayor suggested a short recess for the applicant to quickly re-examine his options. The Mayor recessed the Meeting at 9:25 P.M. and reconvened the Meeting at 9:35 P.M. Mr. Danzansky stated in order to accomplish the goals of the Village, and have a first class property, the applicant would agree to: 1} remove one parking aisle in the center of the Public parking lot; and 2) replace the parking row with a walkway that has two seven foot wide landscape islands surrounded by a six foot walkway. The total width of the walkway including the landscape islands would . be 20 feet. Vice Mayor Genco questioned whether the proposed plan would VILLAGE COUNCIL REGULAR MEETING MINUTES SEPTEMBER 16, 2004 Page 9 affect the overall lighting. Mr. Danzansky responded it would affect the lighting, but indicated new lighting would be installed. He felt the applicant was over parked at the center, and mentioned he would be agreeable to take the center island and make it a safe pedestrian promenade, and remove some of the parking spaces in front of Winn Dixie. Vice Mayor Genco clarified the rest of the project would have the 18-foot length, and asix-foot width, and the additional greenspace. Mr. Danzansky agreed Councilmember Humpage clarified the walkway would be a minimum of 7 feet of concrete area. Mr. Danzansky agreed. Vice-Mayor Genco clarified there would be 5-6 feet of greenspace on each side of the walkway. Mr. Danzansky agreed. Ms. Lux requested pavers for the seven-foot walkway. Village Manager Couzzo suggested tinted concrete instead of pavers, so the shopping carts could move smoother. MOTION: Attorney Hawkins stated the motion: 1) the applicant would be permitted to have • islands I S feet in length, instead of 20 feet, and this would be granted upon the applicant presenting a site plan that incorporates the 7 foot promenade down the center of the development, subject to Staff approval. Vice Mayor Genco moved to approve the variance, including landscaping on the both sides of the 7' promenade for a minimum of 19 feet wide; seconded by Councilmember Resnik; motion passed 4-1, with Councilmember Humpage opposing the motion. Mr. Danzansky reviewed the site plan improvements, including the addition of 23 new landscaped islands, upgrading the site lighting, and repainting the entire shopping center. He noted the sign on U. S. Highway One would be upgraded, and a uniform signage plan for the entire shopping center would come back to Council. He indicated the parking count was reduced to allow for additional greenspace. He noted the applicant was requested to do extensive landscaping in the center island, remove all the existing walkways and replace with pavers along the shopping center, added loading zones for safety, and adding a right turn lane along U. S. One. He explained the right turn lane was not shown on the proposed site plan in Council packet. He noted the P&Z and Staff had approved an alternative site plan with a right turn lane. He pointed out for the record, Florida Department of Transportation (FDOT) had requested a second turn lane for the northern vehicular access area, and the applicant agreed to the requirement. He indicated • when the property owner to the north provides the right-of--way, the applicant would at that time dedicate their portion. • VII.LAGE COUNCIL REGULAR MEETING MINUTES SEPTEMBER 16, 2004 Page 10 MOTION: Councilmember Resnik moved to approve the site plan; seconded by Councilmember Humpage; motion passed 5-0. VIII. COMMUNICATIONS FROM CITIZENS Mr. Howard Morton, resident of Fairview West felt he could not trust FPL in the after math of what happened with the electricity after the storm. He felt the Village should consider undergrounding powerlines, so that the lines could become the property of the Village. He suggested Council consider a bond issue to address undergrounding power in the Village of Tequesta. Mayor Watkins read into the record that Mr. John Vance, resident of Fairview West had left the meeting, but turned in a comment card regarding Post hurricane management within the Village. IX. COMMUNICATIONS FROM COUNCIL Councilmember Humpage i - Complimented Staff on all their efforts during the hurricane crisis. He noted he entertained the thought of creating a statewide NA to handle the power situation. - Asked Council to thank Mr. John Zuccarelli, Mayor of Jupiter Inlet Colony and business owner in the Village, for providing the staging area for dumping debris, and providing ice to the Village. Mayor Watkins agreed to send Mr. Zuccarelli a letter of thanks. Councilmember Resnik - Commented on the Code Section 18-31 providing the authority to establish an emergency management team, including the Mayor, the Fire Chief (Emergency Management Director), and the Village Manager. He noted he was impressed with the way the team took charge, and how it significantly benefited the Village. He thanked the team for the wonderful effort during the hurricanes. Vice Mayor Genco - Noted the legislature in Tallahassee was discussing concepts regarding providing hurricane relief to people for their buildings and their homes based on their assessed value of their home, which in essence could affect the Village's Ad Valorem Taxes. She noted the legislature also had come up with other concepts that could affect the Village's revenues. - Mentioned concerns that some of the items on tonight's agenda that were not • listed on the analysis provided could affect the Village's cash revenues by approximately $300,000.00, which would be the Village's cash reserves down to • VILLAGE COUNCIL REGULAR MEETING MINUTES SEPTEMBER 16, 2004 Page 11 $ l . l million. She felt the Village was below the safety net the Florida League of Cities suggested. She indicated she would oppose anything that will decrease the cash reserves below $1.5 million. - Indicated she agreed with Mr. Morton regarding looking at the possibility of burying lines. She noted the Florida League of Cities has a program that they helped develop for other Cities with suggestions to prioritize main feeder lines, and allow for budget allocations without raising a bond, by phasing. - Suggested that the Village establish a Petty Cash policy for any amount over $25.00 should require a purchase order. - Announced Federal Emergency Management Assistance (FEMA) will only cover 75% on debris removal, and could take up to 18 months to be reimbursed, and suggested that was another reason to keep up the cash reserves. Mavor Watkins - Commended Chief Weinand, Chief Allison, the Village Manager and all the Staff that was involved in the hurricane. She noted it was quite impressive to see the plans in action and working. She mentioned she appreciated having the new Public Safety Facility, and felt the old building may not survived the hurricanes. • She noted the amount of time and dedication the Staff provided to the Village, and thanked Council for all their time and efforts during the last few weeks. She felt on the whole, the Village came through this well, and the plan was successful. - Asked Council to consider for the next meeting addressing Council's charitable donations requests. She noted she has received letters requesting funds. Consensus of Council agreed to place on the next meeting, and asked the Village Manger to provide copies of the letters received to Council. IX. NEW BUSINESS A. RESOLUTION NO. 64-03/04 - A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING A PROPOSAL FROM RACHLIN COHEN & HOLTZ LLP FOR AUDITING SERVICES FOR THE FISCAL YEARS ENDED SEPTEMBER 30, 2004 AND 2005 WITH FEES NOT TO EXCEED $43,300 FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2004 AND $45,750 FOR THE F/Y/E SEPTEMBER 30, 2005, WITH AN OPTION TO RENEW FOR TWO SUBSEQUENT YEARS (2006 AND 2007) AT THE MUTUAL AGREEMENT OF BOTH THE VILLAGE OF TEQUESTA AND RACHLIN COHEN & HOLTZ, AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE APPLICABLE CONTRACT ON BEHALF OF THE VILLAGE. • JoAnn Forsythe, Finance Director • VII.LAGE COUNCIL REGULAR MEETING MINUTES SEPTEMBER 16, 2004 Page 12 Village Attorney Hawkins read Resolution 64-03/04 by caption. MOTION: Councilmember von Frank moved to approve Resolution 64-03/04; seconded by Councilmember Resnik; motion passed S-D. B. Discussion of possible action regarding an amendment to existing ArchitecturaVEngineering Contract with CH2MHil1 for Village Hall. MOTION: Councilmember Humpage moved to approve for discussion an amendment to the Architectural/Engineering Contract with CH2MHill for Village Hall; seconded by von Frank. Village Manager Couzzo mentioned this item was being presented to Council as result of the information learned from Hurricane Frances regarding the new Village Hall. He noted during the storm it was suggested that it be considered hurricane hardening the future Council Chambers in the event their was another storm, the Village could provide housing for the families of the emergency personnel on duty, and as a possible last resort shelter to Village residents. He • indicated the cost to harden the space would be approximately $300,000.00, and the ArchitecturaUEngineering design fees would be approximately $30,000.00. He felt this would be a good time to address any changes to the drawings. Vice Mayor Genco questioned the amount of square feet proposed to be hardened. Village Manager Couzzo noted the building would be approximately 9,800 square feet, and 3,000 square feet would be the area for hardening. He suggested that it could possibly be bid as anadd-alternate, so the Village could choose to or not choose to bid the item. Councilmember von Frank questioned what the overall cost increase would be to the project with the proposed hardening. Village Manager Couzzo indicated the cost would probably increase the project by 10% to 15%, or $300,000.00. He explained there were other options such as a loan from the reserves. Vice Genco felt $30,000.00 to change the architectural plans was high. She pointed out the Village has a well run Emergency Operations Center (EOC) that was utilized at its maximum during the hurricanes. She suggested the Village should have a method of using some of the space as a disaster recovery area for Village administration. She noted once the EOC operation was completed the administrative Staff could access and use the area. n • VII~LAGE COUNCIL REGULAR MEETING MINUTES SEPTEMBER 16, 2004 Page 13 Village Manager Couzzo noted he was looking to raise the level of the building to withstand a Category 4 or 5 storm. Vice Mayor Genco suggested if the Village was looking at providing a shelter for the public, then she would prefer to wait and consider when a new recreation center was built. Councilmember Humpage agreed with Vice Mayor Genco that Council needed to be more prudent with spending. He favored waiting to see what better could be accomplished for the Village. Councilmember Resnik stated the cost may be less than $300,000.00, and the $30,000.00 would give the Village a plan and estimated cost. He suggested Council wait if they did not want to invest the money now, and felt some protection in the building would be worthwhile. Mr. Jeff Newell, Community Development Director indicated the standard design criteria for this area was 140 mph wind speed. He suggested considering designing the building for 200 mph wind speed. Vice Mayor Genco suggested Staff might want to inquire on the cost for hardening the entire building. Village • Manager Couzzo explained it might require some redesign for the whole building. Vice Mayor Genco felt the consultants could provide aball-park figure on the increased costs of the building to accommodate 200 mph. Council member Humpage indicated he was withdrawing his motion to approve an amendment to the contract; Council Member von Frank withdrew his second. No action was taken at this time. C. Discussion and possible action regarding Councilmember von Frank's recommendation for performance recognition compensation for Village Manager Couzzo. MOTION: Councilmember Resnik moved to approve Councilmember von Frank's recommendation for the performance recognition compensation (PRC) for Village Manager Michael R. Couzzo, Jr. in the amount of $14, 000.00; seconded by Councilmember Humpage. Councilmember von Frank commented on the upcoming bridge closing for SR 707 that would take place in 2005. He noted the Village would have additional obligations during the closing for Fire and Police Services for Jupiter Inlet Colony. He asked Chief Weinand and Chief Allison to confirm. Chief Jim Weinand, Fire Chief and Chief Steve Allison, Police Chief responded in the . affirmative. • VILLAGE COUNCIL REGULAR MEETING MINUTES SEPTEMBER 16, 2004 Page 14 Councilmember von Frank indicated Mr. Couzzo and Staff had worked out an agreement with Palm Beach County to take over the Village's obligation of the contract for services. He noted the agreement saved the Village approximately $150,000.00. He commented on the additional savings the Village Manager had negotiated for the Village, including the percentage rate drop for Worker's Compensation. He felt a good starting point for the PRC was $15,000.00. Councilmember von Frank indicated after discussions with Mr. Couzzo, Mr. Couzzo agreed with $14,000.00. Councilmember von Frank recommended Council approval of $14,000.00 for Village Manager Michael Couzzo's Performance Recognition Compensation. Vice Mayor Genco mentioned the contract was already compensating the Village Manager with a 3% COLA, 4% Merit Increase, and $6,000.00 per year car allowance. She commented that additional personnel was hired to help Mr. Couzzo, and felt saving the Village money was part of the job. Mr. Howard Morton, resident of Fairview West questioned whether Item C • should be conducted as a closed session. Attorney Scott Hawkins indicated it did not need to be a closed session. Mr. Couzzo left the room at 10: 30 P.M. Council discussion followed on the PRC. Vice Mayor Genco pointed out Council would be looking at a 20% bonus for Mr. Couzzo, and explained Mr. Couzzo's retirement contribution was increased from 6% to 12% in 2003. Councilmember Humpage noted the COLA and Merit Increases were separate in his contract apart from the PRC. He indicated he was inclined to look at the issues regarding the Staffing. He explained Mr. Couzzo was also the Utility Director for the Village. Vice Mayor Genco felt Mr. Couzzo had agreed to not hire additional Staff, and commented he had also hired consultants to help him with various projects. Councilmember Humpage commented he reviewed the whole picture, and felt comfortable with an amount of at least $12,000.00. Councilmember Resnik explained he and the Personnel Attorney had reviewed Mr. Couzzo's contract 2 years ago, and they looked at the benefits Mr. Couzzo had brought to the Village. He noted the amended contract was for afive-year period -with the same percentages for COLA and Merit - 4 of the 5 years. Mayor Watkins pointed out Mr. Couzzo had received a PRC of $12,000.00 last . year, and noted the amount of work he did this year compared to last year had increased. She noted she would not want to ask for anything less than $12,000.00. • VII,LAGE COUNCIL REGULAR MEETING MINUTES SEPTEMBER 16, 2004 Page 15 MOTION: Councilmember von Frank moved to approve the PRC for the Village Manager Couzzo in the amount of $14, 000.00; seconded by Councilmember Resnik; motion passed 4-1, with Vice Mayor Genco opposing the motion. Village Manager Couzzo returned to the Meeting at 10:40 P.M. D. RESOLUTION NO. 65-03/04 - A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROPRIATING $100,000.00 IN THE GENERAL FUND, ACCOUNT #001-990-599.902, RESERVES-CONTINGENCY AND $50,000.00 IN THE WATER FUND, ACCOUNT #401-990-599.902, RESERVES- CONTINGENCY, FROM DESIGNATED FUND BALANCE TO FUND EMERGENCY EXPENDITURES. MOTION: Councilmember Humpage moved to approve Resolution No. 65-03/04; seconded by Councilmember von Frank. Councilmember Humpage questioned whether the Village would submit bills to the Federal Emergency Management Agency (FEMA) for payment. Ms. JoAnn Forsythe, Finance Director indicated the bills would be submitted upfront to FEMA for reimbursement. Village Manager Couzzo commented the bills would be submitted immediately, as the Village receives them. He noted the $50,000.00 from the Water Fund would be for personnel expenses, and would be reimbursed back into the Water Fund as the monies were received from FEMA. Vice Mayor Genco questioned whether the debt removal was included. Ms. Forsythe responded in the affirmative. Village Manager Couzzo noted $100,000.00 would be used from the General Fund for debris collection and emergency expenses. He asked Mr. Preston the amount incurred to date for the debris collection. Mr. Gary Preston, Public Works Director indicated the approximate amount to date was $140,000.00. He commented the first phase of debris collection would be completed by September 17, 2004, and explained the bill for Nichols Sanitation would not be received for several months. Ms. Forsythe mentioned she would need an invoice for the work completed at September 30, 2004 to pay out of this fiscal year budget. Vice Mayor Genco suggested the amount from the General Fund should be increased to $150,000.00 to cover the costs. Councilmember Humpage suggested $200,000.00. • Ms. Forsythe agreed $200,000.00 maybe needed. ~. • VII,LAGE COUNCIL REGULAR MEETING MINUTES SEPTEMBER 16, 2004 Page 16 Councilmember Resnik explained there was $1,000,000.00 allotted for emergency use. He suggested using those funds. He agreed with Councilmember Humpage on using $200,000.00 from the General Fund- Reserves. MOTION: Councilmember Humpage moved to approve an increase from $100, DDO.00 to $200, 000.00 from the General Fund -Reserves, and $50, 000.00 from the Water Fund; seconded by Councilmember Resnik; motion passed S-D. X. ANY OTHER MATTERS -None XI. ADJOURNMENT: MOTION: Vice Mayor Genco moved to approve to adjourn; seconded by Mayor Watkins; motion passed S-0. The Meeting was adjourned at 10:55 P.M. ~~? ~~71~ • Gwen E. Carlisle Village Clerk •