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HomeMy WebLinkAboutMinutes_Regular_08/12/2004n ~_J VILLAGE OF TEQUESTA Post Office Box 3273 250 Tequesta Drive, Suite 300 Tequesta, Florida 33469-0273 (561) 575-6200 Fax: (561) 575-6203 VILLAGE OF TEQUESTA REGULAR VILLAGE COUNCIL MEETING MINUTES AUUST 12, 2004 I. Call to Order and Roll Call The Tequesta Village Council held a Regularly Scheduled Village Council Meeting at the Tequesta Recreation Center, 399 Seabrook Road, Tequesta, Florida, on Thursday, August 12, 2004. The meeting was called to order at 7:00 p.m. A roll call was taken by Betty Laur, Acting Village Clerk. Council Members present were: Mayor Pat Watkins, Council Member Edward D. Resnik, Council Member Russell J. von Frank, and Council Member Jim Humpage. Vice Mayor Geraldine A. Genco was absent from the meeting. Also in attendance were: Village Manager Michael R. Couzzo, Jr., Attorney Alexander Lian and Attorney Stirling Clarke, sitting in for Village Attorney Scott Hawkins, Acting Village Clerk Betty Laur, and Department Heads. II. Invocation and Pledge of Allegiance Councilmember Humpage gave the invocation and led the pledge of allegiance to the flag. III. Approval of the Agenda MOTION: Councilmember von Frank made a motion to approve the agenda. Councilmember Humpage seconded the motion. Mayor Watkins announced for benefit of the public that item IV (C) which was a presentation on the Atlantis development would not happen tonight but there would be some comments at that time. Motion carried by unanimous 4-0 vote. IV. Presentations and Proclamations A. Presentation by Dr. Monroe Benaim, School Board District, District 1, School District of Palm Beach County, of the Sales Tax Referendum. Dr. Benaim explained that a'/z-cent sales tax was proposed for Palm Beach County, • to be on the November Z, 2004 ballot, to build and improve schools within the county. The tax would sunset in 6 years. Dr. Benaim indicated the school district Recycled Paper VILLAGE COUNCIL MEETING MINUTES August 12, 2004 Page 2 was in good shape and student improvement was on an upward curve. Since 1998 almost 50 new schools had been opened, each on time and within or under budget, providing 30,000 new student stations. Last year the state awarded the school district over $2 million because schools were being built at a lower cost than the state average. In the next six years, 33 new schools must be built to keep up with the growth and to keep up with concurrency, one of the most aggressive building program in the country. The county had had no "F" schools for the past two years, and 75% were "A" or "B" schools. A management magazine survey indicated this county's schools rated number 3 out of 65 metropolitan districts across the nation that have over 100,000 students; Miami-Dade school system was 65t" of 65 and Broward was 62°d out of 65. The Palm Beach County School District was the l0`" largest in the nation, 4`" largest in the state of Florida, and the previous day had 170,000 children attending the first day of the school year in 164 schools. Dr. Benaim explained that the referendum was so vital-the growth was not getting adequately funded since approximately 60% of our taxes were going up north and we got 40% of the education dollar back, which was why impact fees and pay-as-you-go were not keeping up. The language to be on the November ballot was displayed, and was $560,000 million, sunsetting in six years, with an oversight committee monitoring • every expenditure, and only the first $500 of an expenditure would be taxed. Voters would be asked to vote for or against. Palm Beach County's 6% sales tax rate was the lowest of surrounding counties. On $100 the increase would be 50 cents; at $5,000 it would be $25.00 and capped there. The oversight committee was described. The sales tax revenue would fund school projects for 40 schools. Dr. Benaim described the needed projects. Supporters of the sales tax, including Jupiter Tequesta Juno Beach Chamber of Commerce, were reviewed. Dr. Benaim explained that if this did not pass the county would be looking at double sessions and year-round classes, with problems including overcrowding and problems with computer technology in classrooms. Concurrency could not be met. Dr. Benaim reviewed the projects that were proposed for north county. Dr. Benaim noted Mayor Watkins had been involved in the initiative for a new Jupiter High School since 1989. The important thing to realize was that concurrency must be adhered to and equal amenities provided for all children. Mayor Watkins thanked Dr. Benaim for his presentation and for his work getting Jupiter High School off the ground. B. Presentation by Roger Buckwalter regarding the Northern Palm Beaches Cultural Alliance Mr. Buckwalter, a 25-year resident of Tequesta and Chairman of the Northern Palm Beaches Cultural Alliance, explained he had been devoting a great deal of time to volunteer work in cultural activities since his retirement from the Jupiter Courier four • years ago. The Northern Palm Beaches Cultural Alliance was an important new group, formed in May, and brought together diverse members of the cultural VILLAGE COUNCIL MEETING MINUTES August 12, 2004 Page 3 community as well as others who wanted to help. Currently there were 18 members, which Mr. Buckwalter read aloud. The groups and individuals recognized how much the cultural groups had in common and that they were allies and not rivals, sharing an overriding interest to enrich our quality of life. Other cultural alliances were developing, such as the Boca Raton Cultural Consortium, the Delray Beach Cultural Alliance and the Delray Cultural Loop. Reach was another joint local area group which had done valuable marketing for attractions here. Some members of Reach were in the Alliance. The new group had a 14-member board of directors, with Mr. Buckwalter as Chairman, Linda White of Art Stage was Vice Chair, Kathy Glover of Hibel Museum was Secretary, Frank LaCare of Atlantic Arts was Treasurer. Board meetings were held at different member locations in order to learn more about them. In July the board meeting was at Lighthouse Center for the Arts, and the next board meeting was Wednesday, August 25, at Art Stage in Seagrape Square on Indiantown Road in Jupiter at 10 a.m. The public was invited to attend all board meetings. The group became incorporated in June and was presently working on tax exempt status. The mission statement: North Palm Beaches Cultural Alliance promotes awareness of, access to, and cooperation among all cultural institutions that are based or significantly present in its region; seeks public and private help from all interested partners, and develops community appreciation and support of our cultural sector and group programs that reach our diverse population. Mr. Buckwalter indicated the main focus at present was to raise the profile of the local cultural community. Several projects were being explored to do that, including a comprehensive guidebook on cultural organizations in this area, a calendar of events to appear in the newspaper during season, a bus tour of cultural sites for local leaders and perhaps for Scripps employees and their families; a promotional DVD, and a website with links to all members and groups in the area. The key to the alliance was to establish a broad base of support including businesses, individuals, and government, blending strength of public and private sectors. Mr. Buckwalter expressed hope that the Tequesta Village Council would look favorably on this alliance and provide support in any way. Mr. Buckwalter explained that presently the alliance was concentrating on the Jupiter Tequesta Juno Beach area. One member of the board was from the Palm Beach Community College campus on PGA Boulevard from the film and television department, and with that exception the farthest south actual cultural group was the Marine Life Center in Juno Beach at the present time. Mayor Watkins thanked Mr. Buckwalter for his presentation C. Presentation by Bill Burckart of preliminary conceptual plan for the Atlantis project Mayor Watkins announced this item would not be presented tonight but she would • like to make a comment. Mayor Watkins commented she knew everyone had seen articles in the newspaper regarding the Atlantis project and hoped they had seen her VILLAGE COUNCIL MEETING MINUTES August 12, 2004 Page 4 letter to the editor, and gave Mr. Couzzo credit that he thought that was a good idea. Mayor Watkins commented she thought there was misunderstanding already and this project had not even got off the ground, clarified that Mr. Couzzo did invite her to a meeting with the developer of Atlantis-Allied Capital and Development, which was strictly what she considered to be a social meeting to meet these people and for them to meet the Manager, and the Manager invited the Mayor. Mayor Watkins commented one of her focuses since being elected was to do whatever she could to help support the businesses in this area and to bring new businesses to help the businesses here and that extended to developers and this was simply a public relations opportunity to meet these people who were coming to Tequesta to tell them we look forward to working with them, but from the very beginning it was made clear to them that Tequesta had a process in place for any business or any development or anyone building a house, for that matter, with the Building Department then on to Planning and Zoning and there would never be a deviation from that. Mayor Watkins advised that she believed there was a misconception that this project somehow skipped the process and was going to be done as shown, and it wasn't. The Mayor commented she wanted to take this opportunity to clarify that the meeting that was simply introductory in nature, that the project may come or may not come, it may come in this form or that form, but the good thing was Tequesta had gotten good publicity and it brought the item before the public and the public always had the opportunity to call the Manager or any Councilmember to let them know their feelings on any given subject; there would be opportunities for the public to speak-they could come to the Planning and Zoning Board meetings which were open to the public, there would be Council meetings, and there were a lot of steps before it got to the Council. Mayor Watkins stated public input was welcomed for this new concept for Tequesta, and it was in the very, very early stages of discussion. Councilmember Von Frank commented some people had approached him regarding the 12 stories, but if they read the Mayor's article they would be satisfied, and that the Council had not seen it. Councilmember Humpage stated he was pleased this was pulled from the agenda; he had had about 12 phone calls both pro and con, but this Council was the final body that would make up their mind what happened on this property, but there were a series of hoops and hurdles that a developer must go through in this Village, which the Village had always had in place. With all the controversy that came around this, Councilmember Humpage commented this was the third occasion where the Council had had someone coming before the Council without going through the hoops. It happened previously with Tequesta Motorcars when it was being considered for RV's or boats, and with the Alterra project before it went through the appropriate hurdles. Councilmember Humpage stated he would like to get a consensus of the Council that this no longer be entertained-that until the developer, owner, or project manager had gone through all the hoops and over all the hurdles by the Building Department, • Community Development Staff, and Planning and Zoning, that no presentation be brought to this council; and asked for consensus this not be allowed in the future. VILLAGE COUNCIL MEETING MINUTES August 12, 2004 Page 5 Councilmember Resnik commented he had had conversations with three people who felt the Village had gone back to its old ways of pulling the wool over the people's eyes and had gone ahead and approved something before it happened, and he had talked to them to tell them that was not so. The evidence ofpre-approval came from articles in the paper and the Council could not stop the developer from putting articles in the paper, but it could not be endorsed by the Village or anybody working in the Village until it had gone through all the processes. Councilmember Resnik stated nobody knew how this would come out; he had also talked to a couple of people who said in the paper that looked like a pretty good project at the end of Tequesta on U.S. One and might gain the Village a lot of money in tax revenues later on. Another person said they didn't want to do that, so he could see this would be a very hefty discussion item whenever it came up both at the P&Z Board and at the Council, but there were so many good construction developments during the past two years that this should not be allowed to create a big ballyhoo in the future. Councilmember Resnik stated he agreed the Council should do everything it could to put this through the regular process and should never pre-hear anything before it went through the process. Mayor Watkins agreed, commented the first one was meant to just be a public relations thing but when they got to the questions the Council realized it was a mistake. Councilmember Von Frank commented he knew Vice Chair Genco would also agree, because she had mentioned it previously. Mayor Watkins asked the Village Manager to take this as direction not to do this again. D. Presentation of "Employee of the Quarter" award for the Third Quarter 2004 to Carol Lux, Village Planner. Assistant Manager/Human Resources Director Robert L. Garlo announced that Ms. Lux had been working in the Community Development Department as a Planner since November 2002 and had been selected as the recipient of the "Employee of the Quarter" award. Mr. Garlo read aloud Ms. Lux's accomplishments and presented her with a plaque for her outstanding service. E. Presentation of 2004 Membrane Plant Award to Village of Tequesta Water Treatment Plant Mayor Pat Watkins presented to Water Department employee Michael Sudell an award from Southeast Desalting Association to the Village of Tequesta, the 2004 Membrane Plant Award, in recognition of outstanding plant operations and maintenance, and an overall exemplary Membrane Treatment Plant. F. Proclamation -Declaring the week of August 16-20 as Florida Water, Wastewater and Systems Operators Week in the Village of Tequesta • VILLAGE COUNCIL MEETING MINUTES August 12, 2004 Page 6 Mayor Pat Watkins read the proclamation aloud. V. CONSENT AGENDA Councilmember Von Frank made a motion to approve the consent agenda with the exception of Item F. Councilmember Humpage seconded the motion, which carried by unanimous 4-0 vote. Therefore, the following items were approved on the Consent Agenda: A. Regular Village Council Meeting Minutes of July 8, 2004. B. Special Village Council Meeting Minutes of July 21, 2004. C. General Employees Pension Board Meeting Minutes of May 11, 2004 D. Planning and Zoning Board Meeting Minutes of June 16, 2004 E. Renewal of lease for office space for the Village offices in Tequesta Corporate . Center, 250 Tequesta Drive. Item F, which had been pulled, was read aloud by Mayor Watkins. F. RESOLUTION NO. 56-03/04 - A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AWARDING A BID PROPOSAL TO DIXIE PLUMBING/GRAFE CONSTRUCTION INC., OF JUPITER, FLORIDA, IN THE AMOUNT OF $159,205.50, FOR THE INSTALLATION OF THE WATER MAIN AND LOW PRESSURE SANITARY SYSTEM IN THE JUPITER HEIGHTS SUBDIVISION, HAVING A FY 2003/2004 CAPITAL EXPANSION PROJECTS FUND #401-414 662.635 ALLOCATION OF $23,900.00 AND APPROPRIATING AN ADDITIONAL $6,400.00 TO FULLY FUND THE INSTALLATION OF THE WATER MAIN COMPONENT AND WITH THE BALANCE BEING PAID BY THE LOXAHATCHEE RIVER DISTRICT AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE APPLICABLE PROPOSAL ON BEHALF OF THE VILLAGE. Councilmember Resnik made a motion to approve Resolution 56-03/04. Councilmember Humpage seconded the motion. Councilmember Humpage requested that the Village Manager explain where the portion of the Village's money was, to which Mr. Couzzo responded this was a collaborative effort with the Loxahatchee River District which provides sanitary sewer. The project was $159,205.50 of which the Village's component was roughly $30,000. The reason VILLAGE COUNCIL MEETING MINUTES August 12, 2004 Page 7 for joining together was to share one contractor, thereby reducing costs. This was an expansion of the Village's water system to the Jupiter Heights area. Motion carried by unanimous 4-0 vote. VI. COMMUNICATIONS FROM CITIZENS Steve Hofgren, representing Cypress Ridge Homeowners Association as their President, explained that their organization had made a request for a water meter installation, and he noticed that item VIII (i) on tonight's agenda was a very similar request, and asked if it would be more appropriate to wait until that discussion for him to speak further. Village Manager Couzzo indicated it would be better to wait. Fileberto Vallero, the Marketing Manager for Bank Atlantic at Tequesta Drive and US One, extended an invitation to the Village Council, Manager, and all business owners to their Customer Appreciation night on August 31, 5:30 to 7:30 p.m. VII. COMMUNICATIONS FROM COUNCIL • Councilmember Resnik congratulated Village Manager Couzzo and Police Chief Allison, stating that recently a number of letters had been sent to the Police Chief complimenting the Police Department for their fine support, cooperation, and pleasant atmosphere provided by the staff. Even a gentleman who received a ticket had complimented the officer on a great job. Councilmember Resnik reported the Village Manager distributed an annual report of accomplishments for the past year and did a superb job which demonstrated tremendous progress over the past year, and commended the manager for a job well done. Councilmember Resnik reported he received a call that day from Bill Burckart, former Vice Mayor of Tequesta, who was in real estate and worked with the developer of the Atlantis project. He had invited Councilmember Resnik to meet with him and the developer for a preview of their project, which he planned to do, and would tell them exactly what they must do to go through the process. Councilmember Humpage commented the Village Council had an obligation to meet with anyone who wanted to entertain a business in the Village as well as an resident who wanted to meet with them. He also got a call and intended to meet with them also. Councilmember Humpage reported he received a memo from the Village Manager regarding Village Council procedures set in 2000. Councilmember Humpage commented at his second Council meeting he had some issues and items he wanted to accomplish, and gave everyone a copy of his request and it had been consensus of the Council that VILLAGE COUNCIL MEETING MINUTES August 12, 2004 Page 8 they could address two. In the procedures under Agenda Items, Any Other Matters, it said that if a Councilmember requested that a matter be reconsidered a vote shall be taken under Any Other Matters on whether to place on the next agenda, which he felt made perfect sense. Item 3 said one Councilmember may request addition of an item to the agenda for the next Village Council meeting-and this is what he did not like: and unless there is a vote to the contrary, the item will be added. Councilmember Humpage asked why it had to be vote to the contrary. In the first sentence, the Council took a vote on whether or not to place it on the agenda, and why did there have to be a contrary vote. Councilmember Humpage commented if he said to the Council, on next month's agenda I would like to bring forward the sidewalks on Country Club Drive, he thought the best way to handle that would be to get three people to agree with him, and if that occurred, then it would go on the agenda-if it didn't, then he had to keep doing his homework and keep after the Councilmembers. Mayor Watkins asked if he just wanted consensus, to which Councilmember Humpage responded yes, he just wanted to assure all Councilmembers were afforded the same courtesies to each have a voice, and he would like to do something to change the procedures. Councilmember Resnik commented when he was new to the Council he had the same problem and was sent the same rules and regulations. These standards of operation were set and he thought the only way to change . it was to take a vote to change it. Village Manager advised he believed this had been done at a workshop of the Council and in that case it would only take consensus to amend it. If it had been done by resolution, it would come back to the next meeting as an agenda item for a formal vote, but at this time all the Council needed to do was come to consensus. Mayor Watkins clarified with Mr. Humpage that he wanted an item to be placed on the agenda if there was consensus. Mr. Humpage stated that was right-what he was afraid of was all of the Councilmembers would choose to start placing items on the agenda and they would get more lengthy, so he believed there must be consensus of the Council that an item brought forward by another Councilmember went on the next agenda; if there was not consensus it would not happen. Mayor Watkins asked if everyone agreed; each Councilmember responded, yes. Mayor Watkins commented Martin County's Commission approved the Tropic Vista project, for Tequesta to provide their water, and she did not think enough had been said to point out what an outstanding effort that was with a lot of hours by Mr. Couzzo and his staff, and Martin County, and she was proud that the Village could provide good quality water to Tropic Vista, whose water quality had not been good. Mayor Watkins publicly thanked all the people involved in that project. Mayor Watkins advised pertaining to the annual overview that she would like the Village Manager to make that report available in his office to the public. The Mayor provided a few highlights to peak interest in the hope residents would go into the office to see the • report. Starting early in 2005 a new Village Hall would be constructed with no additional capital debt to residents; the 2003 financial position was very strong with no millage . VILLAGE COUNCIL MEETING MINUTES August 12, 2004 Page 9 increase; contracts with T-Mobile and Nextel would bring in additional revenues; there was new construction; annexation pursuits; many water projects, etc. Mayor Watkins congratulated Mr. Couzzo on the accomplishments, and indicated she would like to proceed with the process for annual performance recognition compensation for the Village Manager. Last year the Council had decided to alternate this task among members and it was Councilmember Von Frank's turn. Councilmember Von Frank indicated he was willing and was requested to bring back his recommendation at the next meeting. VIII. NEW BUSINESS A. RESOLUTION NO. 57-03/04 - A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, GIVING NOTICE TO THE PALM BEACH COUNTYWIDE BEACHES AND SHORES COUNCIL OF ITS INTENT TO WITHDRAW MEMBERSHIP FROM THE BEACHES AND SHORES COUNCIL AND TO TAKE EFFECT SIX (6) MONTHS FROM DATE OF THIS RESOLUTION; AUTHORIZING AND DIRECTING THE VILLAGE CLERK TO FURNISH A CERTIFIED COPY OF • THIS RESOLUTION TO THE PALM BEACH COUNTYWIDE BEACHES AND SHORES COUNCIL, ITS RESPECTIVE MEMBERS AND SUCH OTHER PERSONS AND ENTITIES AS THE MAYOR MIGHT DIRECT; AND PROVIDING FOR AN EFFECTIVE DATE.. Mayor Watkins read Resolution No. 57-03/04. Village Manager Couzzo invited Bill Griffin, who had been the Village's representative on the Beaches and Shores Council for many years, to speak regarding this Resolution and also agenda item VIII (B), Resolution No. 58-03/04. Mr. Griffin explained that since many of the circumstances present at the time this council was formed had changed and different objectives are needed, the Palm Beach Countywide Beaches and Shores Council is disbanding and a new Coastal Council is being formed, which would hold its first meeting in September. In accordance with the existing interlocal agreement, members are required to withdraw by adoption of a formal resolution only, giving six months notice. A new Interlocal agreement would be entered into for the new Coastal Council, whose purpose would be primarily for information and education about beach and shore protection, preservation, and/or enhancement. Mayor Watkins thanked Mr. Griffin for his past services on the Beaches and Shores Council and for volunteering to serve as alternate on the new Coastal Council. • MOTION: VILLAGE COUNCIL MEETING MINUTES August 12, 2004 Page 10 Councilmember Von Frank made a motion to approve Resolution No. 57- 03/04. Councilmember Humpage seconded the motion, which carried by unanimous 4-0 vote. B. RESOLUTION NO. 58-03/04 - A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, EXPRESSING THE DESIRE OF THE VILLAGE COUNCIL TO ENTER INTO THE INTERLOCAL AGREEMENT RELATING TO THE PALM BEACH COUNTYWIDE COASTAL COUNCIL (COASTAL COUNCIL) AND TO HAVE A REPRESENTATIVE OF THE VILLAGE OF TEQUESTA APPOINTED TO SAID COUNCIL. Mayor Watkins read Resolution 58-03/04. MOTION: Councilmember Von Frank made a motion to approve Resolution No. 58- 03/04. Councilmember Humpage seconded the motion, which carried by unanimous 4-0 vote. C. Appointment by Village Council of Mr. John H. Holton as the Representative for the Village of Tequesta on the Palm Beach Countywide Coastal Council , and Mr. WilLian D. Griffin as alternate. MOTION: Councilmember Von Frank made a motion to appoint John H. Holton as representative for the Village of Tequesta on the Palm Beach Countywide Coastal Council, and Mr. WilLian D. Griffin as alternate. Councilmember Humpage seconded the motion, which carried by unanimous 4-0 vote. D. Consideration of CIGNA Healthcare renewal contract for employee health insurance . The Village Manager explained that the cost of this annual renewal contract was only a 5% increase for the same coverage as last year, which is significantly less than last year's increase of 14.9%. Other local municipalities were experiencing increases of 12% to 16%, with Jupiter experiencing 15%, and the 5% would result in considerable savings for the Village. MOTION: Councilmember Von Frank made a motion to approve the annual renewal contract with CIGNA, the health care provider for the Village. VILLAGE COUNCIL MEETING MINUTES August 12, 2004 Page 11 Councilmember Humpage seconded the motion, which carried by unanimous 4-0 vote. E. RESOLUTION N0.59-03/04 - A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AWARDING A CONTRACT TO TLC DIVERSIFIED, INC. IN THE AMOUNT OF $19,840.00, PIGGYBACKING THE SEMINOLE COUNTY ANNUAL CONTRACT #CC-1220-03/TLC, TO REMOVE AND REPLACE THE FILTER MEDIA IN FILTERS #5 AND #6 AT THE WATER TREATMENT PLANT, HAVING A FY 2003/2004 BUDGET FUND #401-441 652.602 ALLOCATION OF $20,000.00, AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE APPLICABLE PROPOSAL ON BEHALF OF THE VILLAGE. Mayor Watkins read Resolution No. 59-03/04. MOTION: Councilmember Von Frank made a motion to approve Resolution No. 59- 03/04. Councilmember Resnik seconded the motion. Village Manager • Couzzo explained that the Village was capitalizing on an existing bid undertaken by Palm Beach County for membrane Blter materials inside the RO plant and were fortunate to be able to do so. The motion carried by unanimous 4-0 vote. F Agreement with Gee & Jenson for Master Plan for Constitution Park and Discussion of Improvements Village Manager Couzzo reported the Village had been fortunate to receive a Florida Parks and Recreation matching grant in the amount of $200,000. One requirement was to have a site plan. Mr. Couzzo's suggestion had been to design a master plan for years to come and develop a list of priorities, and then develop a funding mechanism and a plan by which to accomplish those priorities. Mr. Couzzo announced that Mike Flattery from Architects Gee & Jenson, really CH2M Hill, was present, along with Wendy Harrison, who was assisting the Village on this project. Director of Parks and Recreation Greg Corbitt was also present. The agreement presented for consideration was for a contractual relationship with Gee & Jenson to provide architectural services required for a master plan. MOTION: VILLAGE COUNCIL MEETING MINUTES August 12, 2004 Page 12 Councilmember Humpage made a motion to approve the agreement with Gee & Jenson for a Master Plan for Constitution Park. Councilmember Von Frank seconded the motion. During discussion of the motion, Mr. Flattery reported staff had requested a proposal for master planning and prioritizing improvements for the park, and there were quick timelines required for the grant and permitting needed to take place so those deadlines could be met. Village Manager Couzzo commented that Gee & Jenson, CH2M Hill, was under a continuing architectural agreement with the Village. Wendy Harrison commented three things were being considered-the contract with Gee & Jenson, Council direction regarding facilities to be included in the master plan, to be implemented in phases, and the theme or general direction of the park. Councilmember Resnik commented the requirements for satisfying the grant were extensive to show the Village was spending the grant money properly, and there was a deadline to be met. Councilmember Resnik stated he was not against a master plan but was against doing it so fast. He had tried to prioritize the proposed park improvements and then looked at the budget and the budget was closed out for the coming year except for a couple of things. Councilmember Resnik stated if this was being done to satisfy a State requirement to show what would be done in order to get the • $200,000, then he said to do that, but to expand the study later for additional improvements in later years. Ms. Harrison explained some receivers of the grant had not built their project within the time allowed, so the State had set a deadline for commencement documents, one of which was that all permitting had been obtained, which was what was driving this. Only the phase one items needed to be permitted, but staff had felt if a master plan was being done that it was prudent to include everything the Council might want. Councilmember Resnik indicated he was in favor of a master plan but with only phase one to satisfy the State. Phase two should be expansion of that to cover additional developments not constrained by time; it was too hard to do it all now. Ms. Harrison commented the list of improvements was based on input received by Mr. Corbitt from residents and no detail was to be developed at this time. Mr. Couzzo explained that the master plan provided the overall intent and in years to come it could be adjusted. One of the items was construction of exterior bathrooms so people could utilize the park when the building was not open, which was a priority. Mr. Flattery indicated that would cost $250,000 of the total $400,000. Mr. Couzzo explained this project would go through Community Development, DRC, P&Z, and then come back to Council. Councilmember Resnik questioned then why the Council was looking at it tonight. Mr. Corbitt explained this was only a wish list which staff had put together for the Council to look at and it would be prioritized later. Councilmember Resnik commented he was against rushing into this. Mr. Couzzo indicated the Village would apply for future grants to complete the master plan. Mr. Flattery reported the cost of the master plan included up to a $400,000 • approval and would be designed for whatever priority item the Council chose. A VILLAGE COUNCIL • MEETING MINUTES August 12, 2004 Page 13 survey would cost $3,400, and Gee & Jenson's services would be an additional $22,700. Discussion ensued. Mr. Couzzo explained the master plan would be based on what was wanted for the park and that the Village hoped eventually to acquire the Lighthouse Gallery property next door for future park expansion. James Gibbs, Beacon Street, commented it was important to understand the total cost of the document called a master plan and he did not believe it could be done for $22,700. Chris Dealgo of Gee & Jenson outlined the work to be done which was a site plan along with permits so that the State would release the grant funds to the Village. A survey would also be required. The project would be reviewed by P&Z in September and would come back to the Village Council at their October meeting for approval of the master plan. After further discussion regarding the master plan and regarding restrooms, Mr. Couzzo explained the Village would only commit to what was happening next year. Councilmember Resnik indicated once a master plan was approved, getting it changed was like pulling teeth, and he did not want to vote no, but he did not like this crammed down the Council's throats in a hurry and did not think there was time between now and October to do the master plan just $400,000 by then-so he would vote yes, with great reluctance. The vote on the motion carried by unanimous 4-0 vote. • G. Grant Agreement with Florida Department of Environmental Protection DEP for Improvements to Constitution Park. MOTION: Councilmember Humpage made a motion to approve the grant agreement with Florida Department of Environmental Protection (DEP) for Constitution Park. Councilmember Von Frank seconded the motion. Wendy Harrison explained that this agreement was formalization of the $200,000 grant from the State, and the requirements were listed in the staff report, including 3 years to complete, certain auditing requirements, etc., and it had been approved by the Village Attorney. The vote on the motion carried by unanimous 4-0 vote. Village Manager Couzzo pointed out that Mr. Corbitt had delayed his vacation to attend this meeting. Councilmember Resnik asked who drafted the detailed instructions on how to handle the State requirements. Ms. Harrison responded that was the State's language and she would take care of seeing those requirements were met. G. Discussion and consideration of re-naming Tequesta Park. MOTION: • VILLAGE COUNCIL MEETING MINUTES August 12, 2004 Page 14 Councilmember Von Frank made a motion to place the item to approve renaming Tequesta Park on the agenda. Councilmember Humpage seconded for discussion. Mayor Watkins suggested tabling this to a meeting when Vice Mayor Genco could be present since she had requested this be on the agenda. Councilmember Von Frank withdrew his motion. Councilmember Humpage withdrew his second. MOTION: Councilmember Humpage made a motion to table the agenda item regarding renaming Tequesta Park to the September 2004 Village Council meeting. Councilmember Von Frank seconded the motion, which carried by unanimous 4-0 vote. I. RESOLUTION NO. 60-03/04 - A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AUTHORIZING THE VILLAGE COUNCIL TO WAIVE THE CAPITAL CONNECTION CHARGE TO THE WATER SYSTEM, AS TO NON-RESIDENTIAL AND NON-COMMERCIAL USES, • WHEN THE COUNCIL, AFTER PUBLIC HEARING AND COUNCIL DELIBERATION, DETERMINES SUCH WAIVER IS IN THE BEST INTEREST OF THE VILLAGE, AND PROVIDING AN EFFECTIVE DATE. Mayor Watkins read Resolution No. 60-03/04. MOTION: Councilmember Von Frank made a motion to approve Resolution No. 60- 03/04. Councilmember Humpage seconded the motion. Councilmember Resnik indicated he saw no need for this resolution and favored granting the request as originally made by the Homeowners' Associations of Bay View Terrace and Shady Lane, which was a request for $2,300.00 to help sod the Village's easement on their property to be used by the public as a passive park. There had been no specific request to waive the connection fee, and the Village Manager had solicited a memo from his staff that said that had never been done in the past, and Councilmember Resnik saw no need to establish a precedent of waiving the fees, and felt the Council should grant what had been asked for, which was to sod the Village's easement in that park. Since the Village sodded and maintained various easements throughout the Village, Councilmember Resnik indicated he did not believe it would be against anything done in the past to approve this request. Councilmember Humpage commented he had a copy of the communication from Mr. White that • indicated the Village had never waived the connection fee, and VILLAGE COUNCIL MEETING MINUTES August 12, 2004 Page 15 Councilmember Humpage felt they should not start now. Councilmember Humpage recalled at the last meeting he had been in favor of assisting by providing $2,000 for sod but he wanted to put a hook on that, that this assistance would be provided on condition that this park was open to all residents and if public access were ever denied, the Village would get their $2,000 plus interest back. Mayor Watkins commented she was glad it was being made clear this had never been done before and she was in agreement with the others that the capital connection fees should not be waived. Mayor Watkins suggested the source of the donation be the $2,000 left in the donations fund. The Village Council voted by unanimous 4-0 vote not to approve Resolution No. 60-03/04. MOTION: Councilmember Resnik made a motion to use the $2,000 left in the contributions and donations account for Bay View Terrace and Shady Lane to sod the easements owned by the Village. Councilmember Humpage seconded the motion, and asked that in order to protect the Village, if residents were not able to gain access in the future that the Village would be reimbursed for their contribution. Village Manager Couzzo asked the • Village Attorney if this could be done through a letter of interest with the Association, to which the attorney responded that was correct. Village Manager Couzzo advised the Council could just give the money from the contributions and donations fund or could reimburse the Associations $2,000 upon receipt of the bill. Mayor Watkins noted the total bill would be $2,300. The representatives of both Associations were present and indicated they were in agreement with a letter of agreement if any time in the future public access was denied that the donation would be refunded. Councilmember Humpage recommended donating $2,000 from the contributions and donations fund, and stated he would also donate $100 from his discretionary fund; Mayor Watkins stated she would donate $100 from her discretionary fund; and Councilmember Resnik stated he would donate $100 from his discretionary fund. Resident Tom Paterno asked if the public had access to just the easement or the whole park. The Council clarified that pedestrian access was to the whole park. The vote on the motion was in favor by unanimous 4-0 vote. Village Manager Couzzo clarified it was his understanding this would be done as a straight donation with a letter of agreement and $100 each from Mayor Watkins, Councilmember Resnik, and Councilmember Humpage, for a total of $2,300. Village Manager Couzzo commented Steve Hofgren, President of Cypress Ridge Homeowners Association, had made a request to waive fees for water meter • . VILLAGE COUNCIL MEETING MINUTES August 12, 2004 Page 16 installation on North Cypress Drive; however, the Council had just voted not to waive capital connection fees. J. ORDINANCE N0.591-(For consideration of first reading) AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION, AT ARTICLE II, VILLAGE COUNCIL, TO INCLUDE A NEW SECTION 2-32 TO PROVIDE THAT MEMBERS OF THE VILLAGE COUNCIL MAY SERVE IN AN EX OFFICIO CAPACITY AS MEMBERS OF THE PUBLIC SAFETY PENSION BOARD OF THE VILLAGE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT, PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. Mayor Watkins read Ordinance No. 591 on first reading by title only. MOTION: • Councilmember Humpage made a motion to approve Ordinance No. 591 on first reading by title only. Councilmember Resnik seconded the motion. Councilmember Resnik noted the new section was 2-33, not 2-32 as read, in the title as well as in the text, which Mayor Watkins corrected. Village Manager Couzzo explained there was a request the Council consider a member or members of the Council to be provided the opportunity to be a member in an ex officio status on the General Pension Fund Board or the Public Safety Pension Fund Board. Currently there were Attorney General opinions regarding dual office holding that might be perceived to preclude that from being done until an ordinance like this was adopted. Councilmember Resnik commented this was for Public Safety. Village Manager Couzzo responded he believed it was for both. Mayor Watkins commented that was what we were thinking in the discussion. Councilmember Resnik stated he read all the backup materials in the past on this and the only deviation from State law that he saw that any group approved was that a Councilmember can sit on the Public Safety Pension Board; it did not mention the General Employees Pension Board, and down under that it said only the Mayor, if identified in an ordinance, could sit on the General Employees Pension Board. Councilmember Resnik stated those were the rulings that were made, and he wouldn't even put General in there. Attorney Lian advised that the reasoning was mainly to have consistency in the ordinances between what you were allowing on one pension board versus what you were allowing on another pension board, but the Council did not • have to do this, it just meant at some point that if the Council wanted to put a VILLAGE COUNCIL • MEETING MINUTES August 12, 2004 Page 17 Councilmember on it would be already empowered by the ordinance, and it was a matter of consistency across the board. Mayor Watkins asked if the instead of stating members of the Village Council if it would be better to state a member of the Village Council-she could not imagine that the Council would ever want more than one member at a time to be on one of these boards. Village Manager Couzzo responded that was at the Council's choosing; this was the first reading of an ordinance and the Council would have another shot to look at it, it would be advertised, the public would have an opportunity to participate, this time it was just for Council and they could amend the language now. Councilmember Resnik stated he saw no reason for adding the General Employees Pension Board; the Public Safety Pension Board was what was addressed in the correspondence and in the reading received by the Council. Village Manager Couzzo commented the Council could certainly do that, but as the Attorney indicated just to be consistent the Council might want to do both, but was not required to do both, and the Council did not need to amend it. Councilmember von Frank stated, yes, that was the point. Councilmember Resnik stated the Council did not need to do it. Councilmember Humpage commented the key word was "may" - the Council appointed two people now, they had the Police and Fire Chief • and then one other person elected by the other four, and the Council oversaw the whole thing anyway, and he guessed there was some thought that some of the information might get buried and might not stay within the 8% parameters and if it came back on consent agenda the Council might miss it, and this way the Council might be more apt to find it. Councilmember Humpage commented he hoped the representatives of the Pension Board would certainly pull our chain if their funds were not doing what they were hoped to do, and he was okay with "may serve". Councilmember Humpage stated the question was if the ex officio Councilmember had an actual vote. Village Manager Couzzo stated yes that had been confirmed with the Village Attorney. Attorney Lian confirmed for Councilmember Resnik that the term "ex officio" meant additional duty, and had all the rights of other members of the Pension Board, including voting. Councilmember Humpage stated that meant they got to vote twice, at the board meeting and at the council meeting and he did not know if he agreed with that. Councilmember Resnik stated they should not do that. Tom Paterno commented he was on the General Employees Pension Board and he had been appointed by the Village Council. Mr. Paterno commented there was a feeling by employees that by having a Village Council person on these boards it did not serve the purpose of the boards, in that sometimes people were more hesitant to get into discussion based upon a Council person being on the board and that was something the Council should consider. Mr. Paterno commented he felt it . might cause difficulty in discussions of what was best for the board to vote in VILLAGE COUNCIL • MEETING MINUTES August 12, 2004 Page 18 reference to what was best for the pension fund sometimes; they felt led a little by knowing that one vote was already going one way on them if they did not necessarily agree with that person. Mr. Paterno stated he just wanted the Council to realize that. Councilmember Humpage stated that was one of his thoughts-it was like one got two shots to vote. Mayor Watkins advised she had discussed this with Attorney Hawkins as to whether a Councilmember on the pension board should not be able to vote, but that would put the board into a four position and it could tie. Mayor Watkins commented this was a unique situation; there was a Councilmember eminently qualified by profession to be on the board and had brought a lot of good to the board, and could report back to the Council, which she was sure had been very helpful; at the same time she felt it was important that the public understand that even though it was a Councilmember that a Councilmember in that position was an appointee of this Council to that board, and her comments, thoughts, and ideas were her own and she was not speaking for the five Councilmembers in a pension board meeting. Mayor Watkins indicated she had not been concerned about the double vote. This was obviously a special situation because of Vice Mayor Genco's capabilities • and her desire to be on that board. Councilmember Humpage asked what were the positions of other municipalities in this respect-he did not see any. Councilmember Resnik commented he only saw others that had a problem. Councilmember Humpage requested that staff look into what others were doing and if he were to vote now, he would probably vote no because he thought it was a double standard to get to vote twice, but he would like to be more informed. Councilmember Resnik asked to hear from the attorney. The law rendered in a separate decision outside the state law said a member of the Council could serve on a Public Safety Pension Board, with words to protect themselves that did not come out clear how their service on the board would be related to their service on the Council when the Council addressed exactly the same thing that member of the board voted on; and that came up last year where the member on the pension board was actually helping to present the modification to the pension board plan. Mayor Watkins asked if the Councilmember who was a member of the pension board would have to recuse themselves from voting when the issue came before the Council. Attorney Lian advised the Florida Constitution said you could not hold two offices. They had carved out an exception to that, saying if you were a Councilmember and in the second office were doing exactly the same kind of business and there was no disagreement-if it were a consistent business- then it was fine. You don't have to have the two offices. You don't have to have a Councilmember on any of these pension boards if you don't want to- but if you want to, then you have to authorize it. It has to be somehow formally connected to your position as a Councilmember. Attorney Lian • VILLAGE COUNCIL MEETING MINUTES August 12, 2004 Page 19 advised he did not believe they would have to recuse themselves because that would penalize them for having the two positions. Councilmember Humpage said since the ordinance said "may" and not "shall" perhaps that should just be accepted to have the ability to do this if necessary or if future Councils decided they would like to do that. Attorney Lian advised if the ordinance provided a person could be recused or the Council could require somebody to be recused if the same issue came up, then you could do that-in other words, if you put it into the ordinance then they could be recused. Councilmember Resnik asked what is the State's reason for not having anybody serve on two boards and then all of a sudden they authorize serving on two boards and this one board can come before the Council with a change to their plan or a change to something, a major change in policy or something major, and when that occurred the individual who sat on the pension board that was on the Council they already had one vote locked in and they were coming before the Council with a major change, not routine pension board stuff because the Council did not see that except in the minutes. When a major change was before the Council such as happened last year, Councilmember Resnik indicated he had felt like there were only • four members of the Council that did not have a vote locked in; the fifth member of the Council had participated in development, it was a major change to the pension plan, and now that this was being authorized by ordinance it seemed to him when something of an important nature came to the Council, that Councilmember should exercise judicial judgment in determining whether they should recuse themselves. Village Manager Couzzo stated they would be required to vote unless they could prove that they had a reason not to vote by showing financial benefit and they would not be able to do that. Councilmember Resnik commented the reason they didn't want a person to serve on two boards was to avoid situations like this. Councilmember Humpage commented the key word was "offices" and by serving on the board you wanted to do the best you could for your own employees, and the State had made this loophole to make an exception. Councilmember Resnik indicated he just wanted to be sure that there was no reason for the Council to put in that ordinance that on matters coming before Council that if that person voted on on the pension board he or she would not be able to vote on it at the Council-not that he or she could abstain, but that the ordinance abstained them. Village Manage Couzzo commented he thought that was what the attorney was trying to bring out, that Council could add that language to the ordinance, that on any item which came before the Council that person would be recused from acting on any issues regarding the pension plan, but that language must be in the ordinance. Councilmember Resnik stated he understood-he was not trying to get the person to do that without it being in the ordinance, and was just • VILLAGE COUNCIL MEETING MINUTES August 12, 2004 Page 20 bringing it up because it was important the individual be protected as well as the Council. Councilmember Resnik thought one of the things the State brought up was they wanted to be sure the individual was protected against double jeopardy, dual voting, etc., and asked the attorney if he felt it was pertinent, only because it was rare to get anything from the pension board before the Council-only major policy changes. The only time the member of the pension board that was on the Council would have to be recused would only be if that major item came before the Council. Attorney Lian advised it could be put in but whether or not the Council thought it was pertinent must be decided by the Council among themselves if as a policy matter they wanted to do that, and they should weigh the pros and cons. Mayor Watkins commented a majority vote would still be needed. Councilmember Humpage indicated he did not want to over-write the ordinance. Mayor Watkins asked for clarification whether this was to be left as Public Safety Board or incorporate the General Board, which was Attorney Hawkins' suggestion, just so the Council would not have to come back and do this again for the other board. Councilmember Von Frank amended the motion to modify the ordinance to change "members" to "a member" and to include the General • Employees Pension Board. Councilmember Humpage seconded the modification. The vote on first reading was 4-0. X. ANY OTHER MATTERS Mayor Watkins announced that she could not be present for the regularly scheduled October meeting. Consensus was to move the meeting date to Thursday, October 7 as first choice, with a fallback date of October 5 depending on Vice Mayor Genco's calendar. The Acting Village Clerk was directed to contact Vice Mayor Genco to determine what date was best for her; if she could not attend on either of the proposed dates this matter would be discussed at the September meeting. XI. ADJOURNMENT There being no further business, upon motion by Councilmember von Frank, seconded by Councilmember Humpage, the meeting was adjourned at 9:25 p.m. Respectfully submitted, Betty Laur ActingVillage Clerk