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HomeMy WebLinkAboutMinutes_Regular_05/13/2004r ., v ~, - ~%~ ~ r; *`r a 0 - ,~" i VILLAGE OF TEQUESTA Post Office Box 3273 250 Tequesta Drive, Suite 300 Tequesta, F7erida 33469-0273 (561) 575-6200 Fax: (561)575-6203 VILLAGE OF TEQUESTA REGULAR VILLAGE COUNCIL MEETING MINUTES MAY 13, 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, May 13, 2004. The meeting was called to order at 7:00 p.m. A roll call was taken by Mary Miles, Village Clerk. Council Members 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 G. Hawkins, Village Clerk Mary Miles, and Department Heads. II. Invocation and Pledge of Allegiance Council Member Edward D. Resnik called for a moment of reverence and honor for the brave American and coalition servicemen and civilians who had given their lives fighting in Iraq and Afghanistan. Council Member Resnik then gave the invocation, and led the pledge of allegiance to the flag. III. Presentations and Proclamations Presentation To Police Officers And Dispatchers For Their Excellence In Responding To A Call. Mayor Watkins called upon Assistant Village Manager Bob Garlo to read a press release on an armed bank robbery at First National Bank of Tequesta in which approximately $100,000 in currency was taken and a person had been injured. The individuals were quickly apprehended through joint efforts of the Tequesta Police Department, West Palm Beach Police Department and FBI. Mayor Watkins commented she and Chief Allison had decided to put a letter of commendation into each person's file who had assisted in this matter. Mayor Watkins read the letter aloud, written from her on behalf of the entire Council to Chief Allison, extending sincere appreciation to him and the police officers and dispatchers involved in the response to the First National Bank robbery on April 14, 2004. The following were . recognized: Chief Allison, Lt. Mike Morrill, Lt. Rick Ricciardi, Det. Brian Youngblood, Officer Joseph Petrick, Officer John Cox, Officer Jason Fleming, Recycled Paper VILLAGE COUNCIL MEETING MINUTES May 13, 2004 Page 2 Communications Supervisor Jennifer Gazo, and Communications Officer Cindy Flaskerud. Chief Allison commented on the good things that happened, which was that the bad guys had been caught, the compassion and concern expressed by the Mayor for the safety of the officers, and concern for safety and assurance from the Village Manager that any resources of the Village were available to get the job done that day. Chief Allison reported an incident where people at a local merchant's establishment were discussing the incident and had the facts mixed up, and were derogatory toward the officers, and Mr. Couzzo commented to say those were his employees that were being discussed and proceeded to set the facts straight. The merchant had commented to Chief Allison that it must be great to have a boss like that, and he was sure the officers concurred. Chief Allison commented he happened to be with Lt. Morrill that morning and was impressed with the professionalism each officer exhibited. A critique of the incident revealed each officer was where they should have been and did what they were trained to do. Chief Allison commented the unsung heroes were the dispatchers, and complimented Jennifer Gazo on an incredible job during the incident. Lt. Ricciardi and Cindy Flaskerud had both helped with the dispatching. Each of the employees were given a copy of the letter. A short break was taken at 7:15 p.m. to share cake with the officers. The meeting reconvened at 7:25 p.m. A. Presentation of Comprehensive Annual Financial Report (CAFR) by Jerry Chiocca of the Rachlin, Cohen & Holt accounting firm. Finance Director JoAnn Forsythe announced that the finance report in brief was available to be picked up. Ms. Forsythe commented that the finance staff was truly exemplary. This year they had started early to do all the work papers they could to be ahead of the game; and the Village Manager had responded if they had done their work that fast they could implement GASBE 34. Ms. Forsythe announced she had written a one and one-half page explaining GASBE 34. The Government Finance Officers Association had created agovernment-wide financial statement format to show the entire financial picture. This was the first year the Village had used this reporting format for their annual statement . The GASBE 34 statement was over 400 pages long and incorporated the most sweeping financial reporting changes in the history of the Government Accounting Standards Board. Ms. Forsythe reviewed several significant changes, one of which was that statements would be consolidated and there would be one column for governmental activity and one column for proprietary such as stormwater, water, utilities. These would be presented using a full accrual basis of accounting. Major funds would also be presented. There would be a budget to actual statement for funds requiring a budget, which uses budgetary basis of accounting. There was a reconciliation on the different bases, and a new VILLAGE COUNCIL MEETING MINUTES May 13, 2004 Page 3 operating statement format that nets expenditures against related income. This was broken out into functions-a general government function, public safety, leisure services, transportation. In each function it asked how much that function was costing the Village and then how much it brought in, placing those revenues next to the cost, so residents would see more where their tax dollars were going. Another section was Management Discussion and Analysis, which explained what happened in the financial statements. This had been included in the financial report in brief. Ms. Forsythe explained that the Village had not been required to implement these changes until next year, however, it had been done early and Ms. Forsythe commended the entire Finance Department who had worked tirelessly to complete this task. Some of the research had required going back more than twenty years into financial records. Ms. Forsythe thanked the auditors, Rachlin, Cohen and Holt, for their endless review of drafts and issues that came about in trying to implement the new procedures. Ms. Forsythe introduced Jerry Chiocca of Rachlin, Cohen and Holt, who presented the CAFR to the Council. Mr. Chiocca complimented Ms. Forsythe on her explanation of GASBE 34. Mr. Chiocca indicated the auditors had given the Village a clean unqualified opinion, and the audit was conducted in accordance with government auditing standards and auditing standards accepted in the United States. Mr. Chiocca reported $37 million total assets, net assets of over $22 million, with all unrestricted assets in cash and investments, a very healthy position. In the functions, there was $4.8 million in assets. Both government activities and utilities activities were in very good financial shape. The statement of activities showed functions were short about $5 million. At that point the general revenues were added back in, causing an increase of $432,000 in governmental activities, which showed a little more than needed had been brought in. In utilities there was a million in net revenue, but a large portion was sale of fixed assets; however, it still came out with a little over $400,000 net. The old format was shown on page 18 of the report. Proprietary funds were reviewed. In the water fund there were revenues of $4 million, after expenses there was $933,000. Pension assets had a net increase of a little over $400,000, adding up to about $2,300,000 in the pension funds. Required supplemental information was the original budget, the final budget, and actual budget to get a final amount. State statutes required a balanced budget. For compliance on financial reporting, a formal accounting policy book was needed, and was being put into place. There was a little problem with the pension funds but it had been resolved. The management letter was reviewed. A calculation of financial condition assessment was required and resulted in no adverse findings. Mr. Chiocca thanked Ms. Forsythe, the Village Manager, and the Finance Department staff. Mr. Chiocca indicated his firm did about 75 audits a year and the Village rated well above the average of the other cities. Mr. • Chiocca explained that the recommendations had been cleaned up over the past VILLAGE COUNCIL MEETING MINUTES May 13, 2004 Page 4 two years; this year there were only a couple, but he had to put something in, and the Village was in good financial condition. MOTION: Council Member Resnik made a motion to approve the audit as presented. Council Member von Frank seconded the motion, which carried by unanimous 5-0 vote. B. Presentation by Council Member Resnik of the Tequesta Memorial Committee regarding the Village of Tequesta Memorial. Council Member Resnik read the memo he had presented to the Village Council in January of this year. Consensus at that time was unanimous to go ahead with this concept and develop a plan. The committee met in January and February and the minutes were provided for Village Council review and approval on the consent agendas. The second committee meeting provided a summary of agreements on policies and procedures that would occur with the memorial. At the April Council meeting, Council Member Humpage indicated that he considered the scope of the Village Memorial had exceeded the scope of what was originally intended as a Public Safety monument and that funds had been donated as such, and he requested status and discussion of the Village memorial at this Council meeting. Council Member Resnik stated that the Committee in both of their sessions recognized that a certain level of dollars had been donated for a public safety monument, and that these dollars would be utilized in the construction of a Village Memorial and construction of a dedicated segment of that Village Memorial for honorary inscription of public safety officials. The Committee recognized there were not sufficient funds in the donations to build a Village Memorial and therefore would solicit at least matching funds and probably more depending on the cost of the memorial, from public funds to build it. All of this was presented to the members of the Committee at their Apri129, 2004 meeting and they acknowledged Council Member Humpage's concern to be valid as did Council Member Resnik. The Committee agreed to the following: The Committee will continue development of a Village Memorial--design costs, operating procedures and policies, etc. No funds donated for a public safety monument will be requested or used for a Village Memorial. Format for the Village Memorial will not include deceased public safety officers-they will be recorded on their own monument. The estimated cost of a Village Memorial will be provided in time for consideration during the 2005 budget cycle this year. The Public Safety monument then could be developed separately with donated funds • by Public Safety officials or the Village Manager. The Committee had walked the space in the Village Green and agreed there was sufficient space in the municipal VILLAGE COUNCIL MEETING MINUTES May 13, 2004 Page 5 complex to support both a Village Memorial and a Public Safety monument. The Committee briefly discussed the Public Safety monument in that it could be located in proximity to the Public Safety building near the flagpole or as Manager Couzzo indicated, in the lobby of the Public Safety building. It would be designed to honor all police and fire rescue personnel that protect and serve its residents and to have a section set forth in which the names of those police, fire, and public safety officials could be recorded. That had been the Memorial Committee's general comment and could be changed by the committee that does the Public Safety monument. The Village Memorial would be located to provide a quiet, peaceful place for individuals to sit in reverence and remembrance of their loved one whose name is inscribed on the memorial, that would be on the Village Green north of the pool, between the two buildings. Vice Mayor Genco commented the concept that was being proposed she felt was in part what the original intent was when people got together to start raising funds. Vice Mayor Genco stated she thought what was happening was the Committee was making a lot of decisions about what the final memorials would be without input from the Council or from the people who had been making contributions. Vice Mayor Genco indicated she would like more input before decisions were made as to what some of these things would look like, or what the recommendations of the Committee were before they were adopted by the Committee. Vice Mayor Genco stated the purpose of forming the ad hoc committee was to be able to solicit information outside of the Council from the public at large and she thought the public at large and particularly the people who made donations wanted to have some input; and it appeared to her that at least from her viewpoint a lot of people who had participated in events and raised money had not had input. The Vice Mayor stated she thought before any more decisions were made as to where things would be located or what they would be that what she would like to see was for the Committee to come back to the Village Council with their ideas and proposals-what they thought it would look like, how much it might cost, where it would be, whether it would be on public property, Village property, or whatever, and give the Council and the public an opportunity to have input. Council Member Resnik stated he understood that, that the whole intent was to provide a comprehensive briefing, and the committee planned to make a presentation of their recommendations to the Village Council regarding the Village Memorial when they were ready to do so, and the Village Council could accept or reject or make changes to their recommendations. Vice Mayor Genco reported she had read some notes that the Committee had gone all the way to deciding what the Public Safety memorial would look like and how the engraving would be without input from the Council or the public. Council Member Resnik commented the Public Safety monument would be separate, and the Memorial Committee would not be doing that. A Public Safety Monument, with donated funds, would be developed by whoever was appointed by the Village Manager. VILLAGE COUNCIL MEETING MINUTES May 13, 2004 Page 6 Vice Mayor Genco commented that Council Member Resnik was approaching something different rather than what he had formed the committee to do when he was Mayor. Council Member Resnik stated no, the Committee was formed to do a public Village of Tequesta Memorial where every resident would have the ability to inscribe the name, sit in reverence, and so forth; it was not a Public Safety memorial-a section of it had been planned to be dedicated to Public Safety. Council Member Resnik commented now those had been separated, he thought Mr. Humpage was right, he had participated in raising donated funds as Mr. Humpage had done, and it was just as well that a Public Safety monument be developed separately and provided separately. Vice Mayor Genco stated she apologized, but this must be done publicly, and it was her understanding Council Member Resnik was no longer working on a Public Safety memorial but working on a private memorial. Council Member Resnik stated it was a public memorial. The Vice Mayor stated it was private because it was being raised with private funds by a private group of people and it was going to use public facilities; it was private because it was not endorsed by the Council, and before it got too far along, bring it back.. Council Member Resnik stated the Village Memorial was being developed for the Council to approve and to budget for; it would be done i with public funds, not private funds. If the Council did not want it, they could trash it. Vice Mayor Genco stated if this group of people including Council Member Resnik wanted to do a memorial and place it on public property to come to the Council publicly with a presentation of what it would be. Council Member Resnik stated that was what they were going to do, but would do that when they were ready to come to the Council, not Willy-nilly. Vice Mayor Genco stated that was agreed, then a separate one would be done for Public Safety, and the Council would have to put it back on the agenda as to how they wanted to deal with that. Council Member Resnik stated there would be a presentation on the Village Memorial-the public memorial-with diagrams, with location, all of this was proposed and nobody was making a decision. Vice Mayor Genco stated that she was happy that the two memorials had been separated and she was happy this had been resolved, and she looked forward to Council Member Resnik's presentation, and the Council would have to address the Public Safety memorial as a separate issue. Council Member Resnik advised that the presentation would be made around the time the budget was put together, in July or August. Council Member Resnik commented the other members of the Committee were absolutely enthralled with this and wanted it very badly and believed it would be very nice, and he believed it would be very nice. The Vice Mayor commented there was a lot on the agenda tonight and she would love to see the proposal at another meeting when the committee was ready. Council Member Resnik commented Mrs. Dalack was going to assist by providing her expertise in design, floral design specifically. Mr. Humpage commented it was his understanding there would be a Public Safety memorial for which they would use the $18,000 already VILLAGE COUNCIL MEETING MINUTES May 13, 2004 Page 7 accumulated as well as the monies from this year's endeavors, and that would be afree-standing memorial to Public Safety, and he recommended it be channeled through the Chiefs, working in-house, and they could bring that back to the Council. Council Member Humpage stated he thought Council Member Resnik's committee had done an outstanding job on their work, it was just his intent to separate the two, and he thought they had done an admirable job and a public reflection area was a great idea, and questioned whether funding would be private. Council Member Resnik responded public funds would be used-it would be put into the Village budget. Council Member Humpage commented if there was to be an area of reflection for the public, then some sort of motion should be made so they could go forward with this, because really, the Council had not given them any direction to do this and it would be on Village land and however it was funded, it would have to be maintained. Council Member Humpage stated he thought it was an admirable idea and he thought it should be done, and asked the Village Attorney how to proceed. Council Member Resnik stated the Council did not vote in January, but gave consensus, and now that the memorials had been separated he thought it was time for the Council to vote whether they wanted the Committee to continue and present their findings at some future date. Mayor Watkins asked if the Committee's meetings were open to the public; Council Member Resnik responded all their meetings were open to the public, absolutely-they were noticed, they were open to the public, and they were subject to the Sunshine law. Mayor Watkins stated then the public had opportunity to give input and it was not like this was being done behind closed doors or anything. Mr. Humpage stated that was correct, they would like the public to have input as to what they would like to see, too. Village Attorney Hawkins advised he would recommend the Council address a vote at such time as a proposal was presented outlining exactly the configuration and the projected expense; at this juncture the Council was not committing funds. Council Member Resnik asked if the Council was going to endorse the Committee now. Mayor Watkins responded no, they were not going to formally make amotion-there was no proposal in front of the Council. Council Member Resnik commented all he got in January was a general consensus, he had the minutes ofthat-everybody was all for it, and very happy to have it done, but no vote was taken. Vice Mayor Genco commented they could not vote because they did not have anything to vote on. Council Member Resnik stated he was talking about a vote to establish the Committee to do this. Mayor Watkins stated he had the consensus of the Council that this was something the Council was in favor of the Committee continuing. Council Member Resnik asked if he had the same consensus as in January, to which the other members of the Council responded, yes. Mayor Watkins explained they were just making sure the public received notice and could come • and attend; the Council was grateful for the work the Committee was doing, and they had just made a little correction of establishing there were two memorials. VILLAGE COUNCIL MEETING MINUTES May 13, 2004 Page 8 Council Member Resnik commented he did not want to waste the time of the individuals serving on the Committee if it was not a go. Mayor Watkins stated she understood but the Council was all in favor of the Committee continuing. C. Proclamation -Declaring the Week of May 16-22, 2004 as "Emergency Medical Services Week" in the Village of Tequesta. Mayor Watkins read the proclamation into the record. Fire Chief James Weinand invited everyone to attend an open house on May 23. Chief Weinand advised that 300 people had attended the open house last year and 400-500 were expected this year. There would be many providers and events. D. Proclamation -Declaring the week of May 15-22, 2004 as "National Tinnitus Awareness Week" in the Village of Tequesta. Mayor Watkins read the proclamation into the record. IV. Approval of the Agenda • Mayor Watkins requested addition of an item under Any Other Matters. Vice Mayor Genco requested items IV, a, d, and h. Council Member Humpage requested addition of a letter he had prepared and an issue on Cypress Drive improvements under Any Other Matters. Council Member von Frank requested removal of items V,dandf. MOTION: Council Member Genco made a motion to approve the agenda as amended. Council Member Humpage seconded the motion, which carried by unanimous 5-0 vote. V. Unfinished Business A. Designation of Village Council Members to Various Governmental Assemblies. Council Member Humpage indicated he would take the alternate position on the PBC Intergovernmental program. Council Member Resnik requested consideration of swapping the JTJB Chamber of Commerce Trustee positions, since the Mayor was to be the trustee. Mayor Watkins agreed, stating she would be the representative; Council Member Resnik would be the alternate. • VILLAGE COUNCIL MEETING MINUTES May 13, 2004 Page 9 PUBLIC HEARINGS: B. ORDINANCE N0.587-SECOND READING-AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING THE ADOPTED VILLAGE COMPREHENSIVE PLAN, PURSUANT TO CHAPTER 163, FLORIDA STATUTES, AND CHAPTERS 9J-5 AND 9J-11, FLORIDA ADMINISTRATIVE CODE, APPLYING A COMMERCIAL LAND USE CLASSIFICATION TO A PORTION OF REAL PROPERTY LOCATED ON THE EAST SIDE OF U.S. HIGHWAY ONE BETWEEN PALM COURT AND HARBOR ROAD SOUTH, CONTAINING APPROXIMATELY 0.495 ACRES, PROVIDING FOR A REVISION TO THE VILLAGE'S FUTURE LAND USE MAP; PROVIDING FOR CODIFICATION, SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE. Mayor Watkins declared the public hearing open. Village Attorney Hawkins read Ordinance 587 by caption. Community Development Director Jeffery C. Newell thanked the Village Council for the proclamation on tinnitus, indicating he suffered from this condition. Mr. Newell explained the purpose of Ordinance 587 was the amendment to the Future Land Use Map, which was a component of the comprehensive plan. The property annexed in would come into the commercial portion designation. Mr. Newell explained that this item had been forwarded by the Planning and Zoning Board, sitting as the LPA, their discussions had been good, everything went well, and the public had input. The recommendation from the Planning and Zoning Board and from staff was to go ahead with second reading and approve this ordinance. Mayor Watkins thanked Mr. Newell for sending notice to residents even though it was not required. Peggy Verhoeven, Point Drive, commented on the beginning of the tinnitus problem. Mayor Watkins advised those comments could be heard at another time. Hearing no further comments from the public or from the Council, Mayor Watkins declared the public hearing closed. MOTION: Vice Mayor Genco made a motion to approve Ordinance 587. Council Member Humpage seconded the motion, which carried by unanimous 5-0 vote. C. ORDINANCE NO. 588-SECOND READING-AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, APPLYING A ZONING DESIGNATION TO A PORTION OF REAL . PROPERTY LOCATED ON THE EAST SIDE OF U. S. HIGHWAY ONE BETWEEN PALM COURT AND HARBOR ROAD SOUTH VILLAGE COUNCIL MEETING MINUTES May 13, 2004 Page 10 CONTAINING APPROXIMATELY 0.495 ACRES, TO C-2 COMMUNITY COMMERCIAL; MAHING CERTAIN FINDINGS OF FACT; PROVIDING FOR REVISION OF THE VILLAGE ZONING MAP; PROVIDING FOR SEVERABILITY, AN EFFECTIVE DATE, AND FOR OTHER PURPOSES. Village Attorney Hawkins read Ordinance 588 by caption only. Mayor Watkins declared the public hearing open. Community Development Director Jeffery C. Newell explained that Ordinance 588 would amend the Village's zoning map. The C-2 General Commercial was very consistent with the commercial areas on U.S. One. The Planning and Zoning Board had reviewed this and recommended approval. Staff also recommended approval. There were no comments from the public or from the Village Council. Mayor Watkins declared the public hearing closed. MOTION: Vice Mayor Genco made a motion to approve Ordinance 588. Council Member Resnik seconded the motion, which carried by unanimous 5-0 vote. • D. Approval of the Interlocal Agreement between Village of Tequesta and Martin County regarding the Tropic Vista Potable Water project and Martin County Initial Assessment Resolution. Mayor Watkins announced this item had been pulled. E. Discussion and possible motion on orientation of the new Village Hall. Village Manager Couzzo announced that renderings of the various site plans proposed by the architect were provided and it was time to decide the building orientation. The architect was not present. Vice Mayor Genco commented there were three different site plans, and Site Plan A was one for which she had requested amendments, and advised the other members of the Council that the building had been shifted. Manager Couzzo stated he believed the reason for that was to maximize parking, but at this time what was needed was the building orientation. Manager Couzzo indicated a drawback to having the building face south was the difficulty that people would be required to access the building lobby via a pedestrian walkway. That rendering was eliminated. Renderings A and B were left. Council Member von Frank commented the people using the building every day should be giving their opinion. Council Member Resnik commented all three orientations were discussed last August by the sitting Council at that time, and one of the considerations was that this was going to be a Village municipal complex, and to give it an aura of functionality it would be nice . VILLAGE COUNCIL MEETING MINUTES May 13, 2004 Page 11 to have the buildings facing each other with a walkway connection. That would also provide better parking, entrance and exit by people from the parking areas, and there was also discussion about the area in the back. Council Member Resnik favored the buildings facing each other, and he believed the architects could provide some degree of decoration on the side facing Tequesta Drive to give it attractiveness and still let the entrance be facing west. Vice Mayor Genco stated he was talking about Site Plan B, and asked which entrance shown was the entrance for the public, which was pointed out, and commented that would be an awful lot of architectural work for something that was not a main entrance plus it would be confusing for someone in the parking area. Village Manager Couzzo commented they were really just trying to learn which way the Council wanted the building to face, and parking and elevation details would be worked out later. The concept was needed in order to proceed. Council Member Humpage stated he liked the orientation facing west, and the area by Blair House could be used for employee parking, making less traffic for those residents, and it would open up the entire scheme to the public. Mayor Watkins agreed, commenting it would be better for the Blair House residents and aesthetically she felt the buildings should face each other for balance and to look like it was planned. Vice Mayor Genco • asked if after voting on the orientation the building could be moved to be centered, which would allow overhead construction to shelter people from rain when going back and forth between the buildings. How this would affect parking was discussed. The Village Manager indicated the design would be tabled for another time. MOTION: Council Member Resnik made a motion to approve for orientation purposes the rendering number B, which was facing west. Council Member Humpage seconded the motion, which carried by unanimous 5-0 vote. F. Approval of agreement between Jupiter Martin Water Associates and the Village of Tequesta. This item was pulled from the agenda. VI. Consent Agenda MOTION: Council Member Humpage made a motion to adopt the Consent Agenda with items A, D, and H pulled for discussion. Council Member von Frank seconded the motion, which carried by unanimous 5-0 vote. The following items were therefore approved on the Consent Agenda: B. Board of Adjustment Meeting Minutes of March 15, 2004 VILLAGE COUNCIL MEETING MINUTES May 13, 2004 Page 12 C. Special Master Hearing Minutes of March 25, 2004 E. Ratify the following: 1. Continue to utilize our lobbyist (public affairs consultants) on a month-to- month basis at the price of $3000.00 per month. 2. Continue to utilize argent systems, inc. On an as needed hourly basis at the price of $75.00 per hour. F. Appoint Ward L. Bertholf as an Alternate Member to the Board of Adjustment. G. Sign Application from Indeco, Inc., at North Cypress Drive. A. Regular Village Council Meeting Minutes of April 8, 2004. Vice Mayor Genco, who had requested this item be pulled, requested an amendment on page four, third line down, after the word issue there should be a comma, and lower case g instead of capital G. In the next sentence north should be changed to south. Sentence 5 after homes should have said, using the county line connector. MOTION: Vice Mayor Genco moved approval of item A with the amendments requested. Council Member von Frank seconded the motion, which carried by unanimous 5-0 vote. D. Resolution No. 38-03/04 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, authorizing the Village Manager to execute a credit in the amount of $12, 930.00 for overcharges in the capital improvement fees to Mr. Gary Van Brock for the Cypress Ridge Subdivision. Vice Mayor Genco stated the reason she had pulled this off was for clarification, that Mr. Van Brock was not getting a credit in the amount of $12,930.00 for overcharges, it was for fees were already paid and those paid fees were being applied toward the $45,048.00 now due for the new plat. The difference will be paid by Mr. Van Brock. MOTION: Council Member Humpage made a motion to approve item D. Council Member von Frank seconded the motion, which carried by unanimous 5-0 vote. • . VILLAGE COUNCIL MEETING MINUTES May 13, 2004 Page 13 H. Ratify Tequesta Country Club stormwater drainage improvements pertaining to bank stabilization of the pond located on the 18`h hole. I. Vice Mayor Genco commented she had pulled this item for clarification that this was not something that would cost the Village any out-of-pocket money. The Country Club had noted the bank needed stabilizing and Village staff would be used to do the work. The Country Club would sod and refurbish the bank after the Village completed the work. This would help nearby residents with flood control. MOTION: Vice Mayor Genco moved approval of item H. Council Member von Frank seconded the motion, which carried by unanimous 5-0 vote. VII. COMMUNICATIONS FROM CITIZENS Charles Fisher, Treasurer of Shady Lane Homeowners Association, and Joan Sawyer, representing Bayview Terrace Homeowners Association, indicated a letter had been provided to the Council from the Presidents of the two Associations asking for some assistance from the Village of Tequesta. Mr. Fisher reported that a couple of years ago, they had improved a piece of property which adjoins their two streets going down to the water, and a chart showing that property had been included with the letter. They had added a sidewalk and some benches, and it had become a nice public facility for the people in each Association as well as other residents of the peninsula. They were now reaching the stage of beautifying both ends of their streets and wanted to beautify this as well. The two Associations had agreed to a $10,000 assessment and were here tonight to ask if the Village would help by providing for 9,000 square feet of sod for property which was under a 12' easement running the length of the property on both sides and along the side of the street. They had an estimate of 22 cents per square foot for that sod, which came to a little under $2,000. The request was that the Village do the whole job and the Associations would reimburse them for the sod not on easements. Ms. Sawyer commented they had decided to use city water instead of well water, and the connection fee was around $2,000. They thought they would be better off if the Village could help with their part of the easement, since it was a park for the public, not just members of these two Associations. Vice Mayor Genco commented two years ago the Village was looking for some passive parks in their area and when she had asked if the HOA would be willing to have that designated as a passive park the Village had been basically shut out, and asked if they would now consider that. The Vice Mayor commented if it was a passive park, the Village would take care of it. Mr. Fisher indicated that was the • first they had heard of this, and would contact their Associations about this because that would easily resolve their problem. Mayor Watkins advised that this matter . VILLAGE COUNCIL MEETING MINUTES May 13, 2004 Page 14 would be taken up with the Village Manager and someone would be in contact with the Associations. Tom Bradford, 44 Chestnut Trail, commented something had started to concern him a little, which was U.S. Highway One and Old Dixie Highway from Tequesta Drive to County Line Road. Landscaping had been done in a lot of the communities along U.S. One, such as Jupiter, North Palm Beach, Lake Park, and portions of West Palm Beach now under construction would soon be landscaped. The right-of--way for U.S. One was controlled by Florida Department of Transportation. Mr. Bradford commented he did not know whodid these improvements in the communities, it may have been a joint project, or by FDOT, but a fantastic job had been done and it really stood out and made a statement for those communities. In his opinion, Tequesta's portion of U.S. One had started not to look as good, and with the budget coming up for FY 2005 this summer, possibly some of the lobbyist's energies could be devoted to getting grants from FDOT. Tequesta had been one of the first communities to provide beautification on U.S. One, but now others were ahead of the Village and it would be nice to have the paver blocks and tropical look as in the other communities. Mr. Bradford commented that with Publix moving to County Line shopping center, • Old Dixie Highway would be used more. That stretch of road had virtually no landscaping, and was eligible for grants from Palm Beach County under the Beautiful Palm Beaches program. More importantly, there was virtually no street lighting. Mr. Bradford asked that the Village consider these improvements. VIII. COMMUNICATIONS FROM COUNCIL Council Member Humpage commented regarding the Public Safety Memorial, he had already started on the golf tournament and had generated a letter bringing in sponsors. He had given a copy to the Village Manager who had forwarded it to the Village Attorney. Council Member Humpage advised that in the letter he had referenced the Council, and provided a copy to each Council Member, the Clerk, and Village Manager. The letter was basically just an announcement of the Third Annual Public Safety Golf Tournament for which the Country Club had given their facility for October 23, 2004. Council Member Humpage commented he would like to give the letter to the two Chiefs to distribute throughout the community, if the Council approved. Council Member Resnik thanked Mr. Humpage and all who participated in the past golf tournaments, which were outstanding. Council Member von Frank expressed agreement with Mr. Bradford about the lack of streetlights, and indicated that was being worked on. • Vice Mayor Genco requested an update on the Siegel matter from Attorney Hawkins. Attorney Hawkins advised we got an order granting our motion for summary judgment • VILLAGE COUNCIL MEETING MINUTES May 13, 2004 Page 15 conditioned upon going to Court-ordered mediation, which was held Apri121 from 9 a.m. to 5 p.m. and was unsuccessful despite the efforts of the Mayor and Village Manager. That afternoon Mrs. Siegel served the Village with papers moving the matter from State court to Federal court, which means the matter is now before Federal District Court and the State court no longer has jurisdiction over the matter. Attorney Hawkins advised the Village was proceeding to contest Federal jurisdiction and should know in 60-90 days whether the Federal Court would take jurisdiction. Mayor Watkins asked the Council's opinion whether to have an executive session prior to next month's meeting to discuss our thoughts at this point, and what happened in the mediation. Vice Mayor Genco commented it was in Attorney Hawkin's hands and there was not much the Council could do; Council Member Humpage asked at this time to stay the course and wait to hear from Attorney Hawkins. There was consensus not to have an executive session. Vice Mayor Genco asked if the Village was looking for other office space since the office renewal was due. The Village Manager indicated there were problems with the present building and a staff report would be prepared regarding this matter. Vice Mayor Genco advised Mr. Bradford that the Village Manager had been working for • almost two years on the matters discussed and the lobbyist had been working on getting grant money. Council Member Resnik commented regarding the U.S. One Corridor that a few years ago he believed there was some kind of a U. S. One Beautification Committee established by Karen Marcus coming down U.S. One, proceeding slowly from North Palm Beach to Palm Beach Gardens, through Juno, and on to Jupiter, and he thought the Village had had a representative on that committee. Vice Mayor Genco commented that landscaping had been done. Council Member Resnik commended Village Manager Couzzo and his utility staff for a letter and a submission to the Water Management District for alternate water supply funding in the neighborhood of $680,000 to help with the Village's plan to go to another reverse osmosis line to avoid draining surficial water. A lot of effort had been put into the packet for the $680,000 grant request, and it would be nice to get. Mayor Watkins commented as the Council Members were aware, due to the lobbyist a $250,000 grant for the Parks and Recreation Department had been obtained. Also, she had had a request from Dr. Monroe Benaim who would like to address the Council during the summer on the School Board's referendum issue with sales tax. Consensus was to allow Dr. Benaim to address the Council. • Mayor Watkins commented she had been attending the Entertainment Council meetings. They donated the money they raised back to the high school to purchase media VILLAGE COUNCIL MEETING MINUTES May 13, 2004 Page 16 equipment. They were building a web site and were willing to put on it pictures of the Village and to promote the Village. Mayor Watkins proposed a Citizens' Recognition Award to Betty Nagy for the many hours and meetings she had attended, to thank her for the many hours, time and concern she had given to the Village. IX. NEW BUSINESS A. ORDINANCE N0.589-FIRST READING-AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, ADOPTING AND ENACTING A NEW CODE FOR THE VILLAGE OF TEQUESTA, FLORIDA; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; PROVIDING A PENALTY FOR THE VIOLATION THEREOF; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE; AND PROVIDING WHEN SUCH CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE. • Village Attorney Hawkins read Ordinance No. 589 by caption on first reading. MOTION: Council Member Humpage made a motion to approve Ordinance No. 589 on first reading by title only. Vice Mayor Genco seconded the motion. During discussion of the motion, Village Clerk Miles commented that for 2-1/2 years work had been done having the code reformatted for easier readability, to be on larger pages, and also brought up to date to conform to Florida Statutes. Things were removed which no longer complied. No policy changes had been made. All changes were available in the office for anyone to look at. Vice Mayor Genco questioned that a violation of the code was to be punished by a fine not to exceed $500 or term of imprisonment not to exceed 60 days, and she wondered who enforced that, to which the answer was the Special Master. Attorney Hawkins commented he was not sure about the imprisonment clause. Motion carried by unanimous 5-0 vote. B. RESOLUTION NO. 39-03/04-A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROPRIATING ADDITIONAL FUND BALANCE OF $7,122.20 FROM THE GENERAL FUND #001, TO FUND TRAINING, SOFTWARE AND SUPPORT FOR WEB SITE UPGRADE AND MAINTENANCE, AND BUDGETING THESE FUNDS INTO • VILLAGE COUNCIL MEETING MINUTES May 13, 2004 Page 17 BUDGET YEAR 2003/2004, ACCOUNT #001-160-541.305 -WEB SITE MAINTENANCE. Village Attorney Hawkins read Resolution No. 39-03/04 by caption. MOTION: Council Member Humpage made a motion to approve Resolution 39-03/04. Council Member Resnik seconded the motion. During discussion of the motion, Village Clerk Miles explained a couple of employees had volunteered their time to work on the web site but it had gotten to the point a lot of work and upgraded software was needed. The work was being switched to an employee with more time to work on the web site, Terri Katz, who would receive training. Ms. Miles advised that at www.tequesta.or~\mstats one could view how many visits there had been to the site and what they had looked at. Vice Mayor Genco commented that Ms. Miles was the one who had been doing the web site for the past year or so. Council Member Humpage commented he had picked on the Village Manager and others about this and the Village was averaging 5,000 - 6,000 hits during a month. • Mayor Watkins expressed appreciation for Ms. Miles' work on the web site and on the new code. Motion carried by unanimous 5-0 vote. C. Discussion regarding establishing a Business Development Committee. Councilmember Humpage commented he had brought this matter forward because several residents had expressed concern about empty spaces in shopping centers, and suggested putting a think tank together to come up with a game plan to approach businesses on behalf of the Village. With Publix moving that would open up their old space for another business. Council Member Humpage commented this would all be volunteer time, and nothing would be lost, and suggested coming up with a couple of realtors, a couple of businessmen, and a couple of professionals, all retired, who might like to pursue this. Council Member Humpage commented he would like to see Mr. Capretta on this committee, which would just work with the Assistant Manager on the way to approach different businesses. Vice Mayor Genco asked if this would be an ad hoc or a formal committee. Council Member Humpage commented it might start informally and that could be changed later. Council Member Resnik commented Vice Mayor Genco had done a survey of vacancies in the Village approximately 18 months ago, which had been a blended 15%, which was not bad, and he believed the Village's contribution to attracting new business was how business- friendly it was. At the last meeting, Vice Mayor Genco had said maybe some . ordinances needed to be changed, and he was not against doing anything that would make the Village more business friendly. Council Member Resnik • VILLAGE COUNCIL MEETING MINUTES May 13, 2004 Page 18 commented he had read Mr. Humpage's letter to the Council a year ago about having more people speak at meetings without the formality of a formal Council Meeting. Council Member Resnik recommended a business oriented workshop open to all business people who would like to come, to let them speak on how the Village could help business retention or business attraction, and from that a group could sift through that or if it wasn't sufficient a group could get together and call on businesses to try to solicit them. Council Member Humpage indicated he thought that was a great idea, and maybe both could be done, and anything was better than what was being done. Mayor Watkins indicated she though the workshop was a great idea and would be willing to mix and mingle with the business owners and get their input on how things could be done better. D. Discussion regarding eliminating or reducing fees involved in the annexation process. Council Member Humpage advised he had provided information to each Council Member which he obtained from other municipalities regarding their take on voluntary annexation. The fee was about $7,000.00. Most of the other • municipalities in the area waived their fees with voluntary annexation. Juno, West Palm, and Riviera Beach waived all fees, even the advertising. Palm Springs waived all fees but charged for advertising. Jupiter waived the comprehensive plan and re-zoning fees but charged for advertising. Council Member Humpage advised there were three areas that wanted to annex into the Village and their property was contiguous to the Village. One was the Baldino's restaurant property. Each person had their reasons for wanting to annex, but all would mean tax revenue for the Village and by waiving the fee the Village would recover that $7,000. in about 23 months. The actual cost to the Village was staff time and costs shown. Mr. Newell explained there was a difference between small scale-less than ten acres--and large scale, which was ten acres or more and intensive. Mr. Baldino's property was small and Mr. Newell estimated the cost at around $1,200. Council Member Humpage commented he did not believe the Village's ordinances made a distinction as to size, and recommended amending the ordinance to address small scale and large scale annexations, primarily because of staff time. Mr. Newell concurred. Council Member Humpage asked that Mr. Newell put together an amendment to the ordinance. Mr. Humpage indicated the way to keep taxes from going up was to increase water and increase annexation because annexation increased the ad valorem base and other areas such as franchises. Mr. Humpage commented each annexation could be done individually or it could be done by an ordinance waiving small scale voluntary annexation fees but considering staff time for large scale voluntary annexation. • Council Member Humpage indicated he was very interested in making annexation more attractive. Council Member Resnik indicated he was all for annexation but VILLAGE COUNCIL MEETING MINUTES May 13, 2004 Page 19 favored the fees be done on a case-by-case basis to see if it was worth it to waive the fees to get business into the Village. Council Member Resnik pointed out some areas had to have a lot of infrastructure work and paving and the cost for each area was different. Council Member Resnik suggested an ordinance waiving fees for only atwo-year period. Vice Mayor Genco commented she would like the Village to waive the fees to encourage annexation and she had seen what was provided for backup, and of the six communities there were no fees, but three charged for advertising. Vice Mayor Genco commented the Village did not have to accept an area that wanted to annex and could still do the cost/value calculations, but by not having the fee perhaps there would be more annexations. Council Member Humpage commented if fees were to be waived he thought it was fine for small scale, but costs needed to be figured for large scale. This would include staff time and cost of improvements. Vice Mayor Genco commented even if Mr. Newell took a week of his time on a large scale annexation, with a property over ten acres it would be paid back. Mayor Watkins requested staff and the Manager look at this to get their thoughts on how this should be handled, before a decision was made. Direction to staff was to provide input within the next two months. Chuck Malar with the law firm of Morrell • Flanagan, representing Mr. Baldino, commented his client had loved the discussion and that most municipalities in Palm Beach County did waive the fees, and the cost-benefit analysis showed it was worthwhile and would benefit the Village quickly. Mr. Malar advised they were there to help and wanted to annex into the Village but did not want to have to pay the fees. E. RESOLUTION N0.40-03/04--A RESOLUTION OF THE VILLAGECOUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING A PROPOSAL FROM ARCADIS, REESE, MACON AND ASSOCIATES, TO PROVIDE PROFESSIONAL ENGINEERING SERVICES IN CONNECTION WITH A HYDRAULIC MODEL UPDATE, IN THE LUMP SUM AMOUNT OF $20,000.00, HAVING A FY 2003/2004 ACCOUNT #401-414-665.636 CAPITAL EXPANSION PROJECTS-ENGINEERING-HYDRAULIC MASTER PLAN BUDGET ALLOCATION OF $20,000.00 AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE APPLICABLE PROPOSAL ON BEHALF OF THE VILLAGE. Village Attorney Hawkins read Resolution No. 40-03/04 by caption. MOTION: Vice Mayor Genco made a motion to approve Resolution No. 40-03/04. • Council Member von Frank seconded the motion. During discussion of the • VILLAGE COUNCIL MEETING MINUTES May 13, 2004 Page 20 motion, Village Manager Couzzo explained that this was a budgeted item, updating hydraulic modeling. Motion carried by unanimous 5-0 vote. F. RESOLUTION N0.41-03/04-A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, PROVIDING FOR RATIFICATION OF AN AMENDMENT TO THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE FLORIDA STATE LODGE, FRATERNAL ORDER OF POLICE AND THE VILLAGE; AUTHORIZING THE VILLAGE MANAGER TO SIGN THE AMENDMENT ON BEHALF OF THE VILLAGE; AND PROVIDING FOR AN EFFECTIVE DATE. Village Attorney Hawkins read Resolution 41-03/04 by caption. MOTION: Council Member von Frank made a motion to approve Resolution No. 41- 03/04. Council Member Humpage seconded the motion. Motion carried by unanimous 5-0 vote. • G. RESOLUTION N0.42-03/04-A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING A PROPOSAL FROM ARCADIS, REESE, MACON AND ASSOCIATES, FOR PROFESSIONAL ENGINEERING SERVICES IN CONNECTION WITH THE FIVE-YEAR UPDATE OF THE RISK MANAGEMENT PLAN FOR THE USE OF GASEOUS CHLORINE AT THE VILLAGE OF TEQUESTA WATER TREATMENT PLANT, IN THE AMOUNT OF $10,400.00 HAVING A FY 2003/2004 ACCOUNT #401-241-531.302 WATER ADMINISTRATION ENGINEERING SERVICES BALANCE OF $21,607.43, AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE APPLICABLE PROPOSAL ON BEHALF OF THE VILLAGE. Attorney Hawkins read Resolution No. 42-03/04 by caption. MOTION: Council Member Resnik made a motion to approve Resolution No. 42-03/04. Council Member von Frank seconded the motion. During discussion of the motion, Council Member Humpage commented that he had looked at the other bid that had been received and noticed this was time sensitive to June 21, 2004 and did not see that in the Reese Macon contract, and wanted it in the record so they would know he knew it had to be done within that time. Motion carried by unanimous 5-0 vote. • VILLAGE COUNCIL MEETING MINUTES May 13, 2004 Page 21 H. RESOLUTION N0.43-03/04-A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, APPROVING A PROPOSAL WITH JLH ASSOCIATES, IN THE AMOUNT OF $7,500.00 FOR PROFESSIONAL DEVELOPMENT OF A LONG RANGE WATER SUPPLY FACILITIES WORK PLAN IDENTIFYING NEEDED WATER SUPPLY FACILITIES FORA 10-YEAR PLANNING PERIOD, FUNDED BY EXISTING FUNDS IN THE UTILITY BUDGET UNDER WATER ADMINISTRATION, AND AUTHORIZING THE VILLAGE MANAGER TO SIGN THE PROPOSAL ON BEHALF OF THE VILLAGE. Attorney Hawkins read Resolution No. 43-03/04 by caption. MOTION: Council Member Resnik made a motion to approve Resolution No. 43-03/04. Council Member von Frank seconded the motion. Motion carried by unanimous 5-0 vote. • X. Any Other Matters Council Member Humpage commented that Cypress Drive was being improved by Jupiter and he had Jupiter's plan, which he indicated he would give to Clerk Miles so that it would be available for anyone who wanted to see it. Council Member Humpage commented he would like the Village to move forward with the Cypress Drive improvements and would like the Council to invite, or he would be willing to chair, all the business members on the Tequesta end of Cypress Drive to present them with what Jupiter was doing and to work with the business community to get feedback on what Tequesta should do. The drainage was complete. Council Member Humpage indicated he would like to work with Tequesta's businesses-that the Village could do improvements but he wanted the business community to be involved. Vice Mayor Genco commented if the Village decided to go forward with this they would have to bring it up to code, which would be very expensive for all those businesses. Council Member Humpage commented if the Village needed to budget money they needed to know how much. The Village Manager and Mr. Newell were requested to look at this and bring it back to make a report to the Village Council. Council Member Resnik asked what the report would be. The Village Manager indicated the report would show what Jupiter had done and the current plan for Tequesta. • VILLAGE COUNCIL MEETING MINUTES May 13, 2004 Page 22 XI. Adjournment There being no further business, upon motion by Council Member von Frank, seconded by Vice Mayor Genco, the meeting was adjourned at 9:39 p.m. Respectfully submitted, Mary Miles Village Clerk •