HomeMy WebLinkAboutMinutes_Regular_12/11/2003 r
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' VILLAGE OF TEQUESTA
'�� Post Office Box 3273 • 250 Tequesta Drive, Suite 300
f"' � a Tequesta, Florida 33469-0273 • (561) 575-6200
� `,. \ � Fax:(561)575-6203
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MINUTES
VILLAGE OF TEQUESTA
REGULAR VILLAGE COUNCIL MEETING
THURSDAY, DECEMBER 11, 2003
7:00 p.m.
399 SEABROOK ROAD
TEQUESTA, FLORIDA 33469
I. CALL TO ORDER �ND ROLL CALL
The Tequesta Village Council held a regular meeting at the Tequesta Recreation
Center, 399 Seabrook Road, Tequesta, Florida, on Thursday, December 11, 2003.
The meeting was called to order at 7:00 p.m. by Mayor Resnik. A roll call was
taken by Village Clerk Miles. Council Members present were: Mayor Resnik,
Vice Mayor von Frank, Council Member Joseph Capretta, Council Member
Geraldine Genco, and Council Member Watkins. Also in attendance were:
Village Manager Couzzo, Village Attorney Hawkins, Village Clerk Miles, and
Department Heads.
II. INVOCATION AND PLEDGE OF ALLEGIANCE
The Invocation and Pledge was led by Pastor Paul Beresford of First Baptist
Church of Tequesta.
III. APPROVAL OF AGENDA
IV. UNFINISHED BUSINESS
A. Ordinance 583—Second Reading—An Ordinance of the Village Council
of the Village of Tequesta, Palm Beach County, Florida, repealing,
Chapter 7, Community Appearance Board, of the Village Code of
Ordinances, in its entirety; adopting a new Chapter 7, Planning and
Zoning Advisory Board; providing for severability; providing for repeal of ,
ordinances in conflict; providing for codification; providing an effective
date.—Comn2unity Developnaent Darecto�� Jeffe�y C. Newell
Summary: Second Reading of an Ordinance to create the Planning
and Zoning Advisory Board and designate them as the Local Planning
Agency for the Village of Tequesta. They will evaluate
Comprehensive Development Plan amendments, act as the Official
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Recycled Paper
Tree Board and t6e Community Appearance Board, and evaluate
other zoning issues prior to review and adoption by the Village
Council.
MOTION; Vice �Vlayor von Frank moved to approve Ordinance No. 583,
seconded by Cauncid Member Watkins...
Council Member Watkins asked if it would be possible for some
Association to have three members.
Community Development Director Newell e�lained that of the Board
did not meet the requirements of the Ordinance, then they would have the
ability to choose another person from the same Association.
Council Member Genco added if we have to, we have the ability to fill
the Committee in whatever way in the event we do not have a full board—
a line should be added, a sentence that contemplates under-composition of
the Board.
Mayor Resnik added we have the ability to appoint a fifth member, who
shall serve without compensation.
Council Member Watkins clarified that we shouldn't preclude the
Ordinance, it should be to fill a position that could not otherwise be filled.
We have to find citizens wi}ling to qualify for a Board seat.
Council Member Capretta stated about seven or eight years ago we lost
complete contact with all Homeowners' Associations east of the
Intracoastal and west of the raikoad track. This wh�le business bf trying
to do something on a geographical basis has not worked somehow. I
always worry about the condos—we have only been able to get one person
to participate on the Bea,ches and Shores Council. We can't seem to get
participation out of these groups. We have to wait and see what the
response will be.
Mayor Resnik commented if we don't get what we want we can appoint
somebody.
Village Attorney Hawkins clarified the Ordinance should state "in the
event there is a lack of qualified eligible participants, the Council shall
have the right to fill open seats with residents from any azea.
Village Attarney Hawkins read Ordinance No. 583 by caption only.
MOTION: I�ice Mayor von Frank motioned to approve Ordinance No. 583 as
amended ("In the event we have a lack of qualifaed eligible participants, the
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Council shall have the right to fill open seats with �zny residents from any area. ');
seconded by Council Member Watkins.
Mayor Resnik aye
Vice Mayor von Frank aye
Council Member Capretta aye
Council Member Genco aye
Council Member Watkins aye
Motion carried 5-0.
B. �rdinance No. 585 Second Reading—.An Ordinance of the Village
Council of the Village of Tequesta, Palm Beach County, Florida,
amending Exhibit "A" of Section 2-30 and adding a new e�ibit "B" of
the Code of Ordinances, Village of Tequesta, Florida, relating to the
Employees' Pension Trust Funds to comply with the provisions of Chapter
99-1, Laws of Florida; amending definitions; establishing one plan for
general employees as Exhibit "A" and one plan for public safety officers
as Exhibit "B"; reconstituting the Board of Trustees; establislung
qualifications for members thereo� providing for investment of assets;
providing for repeal af ordinances in conflict; providing for codification;
providing for an effective date.—Village Manager Michael R Couzzo, Jr.,
i�`illage Clerk Mary Miles
Summary: Second Reading of Ordinance No. 585 amending the
Employees' Pension Trust Funds to comply with Florida Statutes, amending
definitions, and establishing one plan for General Employees and one plan
for Public Safety Officers.
Fire Chief Weinand stated this is the second reading of the Pension Ordinance,
and basically it puts it urto compliance, and separa.tes the Public Safety Officers'
and General Employees' plans.
Council Member von Frank wanted to clarify an item on page 26 on ma.�mum
paymeirt. He understands a police officer retired in Miami with more money
than he had when he was working, and it was due to the fact he had overtime.
Council Member von Frank asked about supplemental income.
Fire Cluef Weinand (Public Safety Officers' Chair) responded this is of no
impact to the Village of Tequesta. It is the same provision under FRS that all
employees under FRS already get. There was no cost to tlie Village of Tequesta
for adding that last benefit.
Community Development Director Newell (General Employees' Chair)
thanked the Council and expressed his appreciation to the Board.
Village Attorney Hawl�ns read Ordinance No. 585 by caption only.
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MOTION: Vice Mayor vo�z Frank moved to approve Ordinance No. 585, seconded by
Council Member Genca
Mayor Resnik aye
Vice lllayor von Frank aye
Council Member Capretta aye
Council Member Genco aye
Council Member Watkins aye
Motion carried S-0.
C. Request to increase the Village Manger's 2003 Performance Recognition
Compensation (PRC).--Council Me»aber Joseph N. Capretta
Summary: Adjust the Village Manager's PRC for 2003 to $1,000.00
greater than received in 2002.
Council Member Capretta mentioned at the last meeting he gave a
recommendation for a$1,000.00 increase over the PRC [performance
recognition compensation]. I misspoke and said he received 57,000.00
last year. Later I found it was $11,100.00, and the PRC should be
$12,100.00.
MOTION: Vice Mayor von Fi�ank moved to approve $12,100. 00 for
performance recognition compensation, for Village Manager Couzzo, seconded by
Council Member Watkins; motion car�-ied S-0.
V. CONSENT AGENDA
All items listed und,�r Consent Agenda are considered routine and will be enacted
by one motion. There will be no separate discussion of these items unless a
Village Cauncil Member so requests, in which event the iterra wild be removed
fi�om the Consent Agenda and considered in its normal sequence on the Agend�a.
A. Regular Village Council Meeting Minutes of November 13, 2003.—
Village Clerk Mary Miles
B. Community Appearance Board Minutes of 7uly 9, 2003.—Village Clerk
Mary Miles
C. Community Appearance Board Minutes of July 24, 2003.—Village Clerk
Mary Miles
D. Ratification of contracts for the Month of November 2003 pursuant to
Village Charter Section 3.03 (9).—Village CZerkMaryMides
i. Pitney Bowes Contract far postal meter.
Summary: Pitney Bowes Contract for postal meter at a
budgeted charge of $167.Q0 per month.
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ri. Best Striping, Inc. Contract for striping roadways.
Summary: Best Striping, Inc. Contract for striping Chapel
Court, Shady Lane, Bayview Terrace, and Intracoastal
Circle for a budgeted amount of $1,272.00.
MOTION: Yice Mayor von Frank moved to approve the Consent Agenda,
seconded by Council Member Watkins; motion carried S-0.
VI. COMMUNICATIONS FRI�M CITIZENS
Non-agenda items for public comrraents are limited to three mircutes, please.
A�zyone wishing to speak is asked to complete a card and give it to the Village
Clerk, and when called go to the padium, state his/her name and address for the
recard, then ad.dress the V'illage Council.
Doitie Campbell recalled she has been a pollworker since the mid 60's. For the
last several years she has been trying to add a precinct. The precinct east of the
river was over 2,500, and at that time, it was one of the 10�' largest precincts in
the coumy. Then she went as far as the railroad track, which is also an area of
growth. This year we ha.ve a presidential election. We need to add another
precinct, and we feel we could use the lobby of the public safety building or work
something out with the home on US 1. Also tomonow we have the holiday walk
at Gallery Square North, and we would love some of the Council to be there.
Santa will be there.
VII. COMMiTNICATIONS FROM COUNCIL
Council Member remarks on non-agenda items of interest and benefit to other
Councid 11�embers, the Village and' its residents
Mayor Resnik stated over the past year we have had rnany beneficial
accomplishments, and our one last is Santa will visit on December 24�', and will
ha.ve the elves give out some candy. He will have a police escort.
Our Village was named Tree City USA for the 11�` consecutive year. This is a
prestigious thing. We planted a tree in Tequesta Park for Arbor Day, and I went
out and was hoping to see a bunch of young children.
La.stly, I want to wish everyone a very Merry Christmas and a Happy New Year.
Council Member Genco said she would like to wish everyone a good Holiday,
and take a moment to thank all the people tha.t have helped contribute to what we
are today.
Council Member Watkins stated she wants to thank everyone, it has been a
marvelous year for her. She thanks everyone who has been so supportive. We
are a11 very fortunate to live in a Village such as this.
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Council Member Capretta mentioned he has been on the Council for a very
long time, and has seen a lot of progress. He particularly thanked Police and Fire
for honoring him naming the Command Center after him. He hopes to continue
to make a11 the citizens in this town feel safer as w� have for many years.
Council Member Couzzo stated there ha.ve been a number of projects that have
been stagnate: Zaino's Property and the Crossings.
Mayor Resnik requested that the Village Attorney ,give a briefing on these issues.
Village Attorney Scott Hawkins discussed on the legal front, the Feibel Contract
closed successfully. Hattie Siegel filed a rnotion for summary judgment, and we
are in the process of scheduling a hearing. We will get it done and have it heard.
We have obtained judgment against JMZ Properties for $27,000.00 plus. With
regard to the 7ohnson matter, he has moved for rehearing. It is working rts way
throu,gh the process.
Council Member Genco requested an update on the old Zaino's Property.
Community Development Director Newell stated there are parties still
negotiating. He stated he had a meeting with the interested parties, and we should
see closure to that property soon.
VIIQ. NEW BUSINESS
A. RESOLUTION NO. 17-03/04—A RESOLUTION OF THE VII.,LAGE
COUNCIL OF THE VII.,LAGE OF TEQUESTA, PALM BEACH
COiTNTY, FLORIDA, CALLINC� A GENERAL MUNICIl'AL
ELECTION TO BE HELD, TUESDAY, MARCH 9, 2004, AND IF
NECESSARY TF� MUIVICIl'AI, RUN-OFF ELECTION TO BE HELD
TUESDAY, MARCH 23, 2004, FOR THE PURPOSE OF ELECTING
SEATS 1, 3 AND 5; DESIGNATING POLLING LOCATIONS,
ELECTION OFFICIALS AND INSPECTORS OF ELECTION;
ESTABLISHING ELECTION PROCEDURES; PROVIDING AN
EFFECTIVE DATE.—Ijillage ClerkMaryMiles
Summary: A Resolution, as required by Ordinance, to designate
polling locations, election officials and duties for the March 9, 2004
General Municipal Electio�n. Seats 1, 3 and 5 are up for election.
Village Clerk Miles explained this resolution was required by Ordinance;
however, there are some items subject to amendment the precinct
loca.tion and poll worker�—as we are waiting to get that information from
the Palm Beach County Supervisor of Elections. Time constraints have us
putting this item throu,gh now; however, since this is a county-run election
in Match, the other information will have to come from Theresa LePore.
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Village Clerk Miles read Resolution No. 17-03/04 by caption only.
MOTION: Council Member Watkins moved to approve Resolution No. 17-
03/04, seconded by Vice Mayor von Frank; motion carried 5-0.
B. RESOLUTION NO. 18-03/04--A RESOLUTION OF TI� VII.,LAGE
COUNCIL 4F TI� VII,LAGE OF TEQUESTA, PALM BE�CH
COUNTY, FLORIDA, APPROPRIATING ADDITIONAL FUND
BALANCE OF $66,200.00 FROM THE CAPITAL IlVIl'ROVEMENT
FUND#301, TO FUND TI-� ASPHALT OVERLAY OF 1.6 MIL,ES OF
VII,LAGE ROADWAY, II�TTRACOASTAL CIRCLE, CHAPEL LANE,
CHAPEL COURT, CHAPEL CIRCLE, SHADY LANE, BAYV�W
ROAD, BAYVIEW TERRANCE, AND BAYViEW COURT, AND
BUDGETING TFIESE FUNDS INTO BUDGET YEAR 2003/2004,
ACCOUNT #301-310-653.601—ROAD IlVIl'ROVEMENTS.—Finance
Director JoAnn Forsythe
Summary: The contract with Ranger Construction to perform the
annua.l asphalt overlay of 1.6 miles of roadway was approved by the
Council on August 12, 2002 (fiscal year 2002/2003). The project is to
be s#arted and completed in fiscal year 2003/2004, so the funds should
be appropriated into fiscal yea.r 2003/2004.
Finance Director Forsythe stated this project was approved by the
Council last year, but was not completed last year. The funds are
available.
Village Attorney Hawkins read Resolution No. 18-03/04 by caption only.
M4TION: Council Member Genco moved ta approve Resolution 1Vo. 18-03/D4,
seconded by Vice Mayor von Frank; motion carried 5-0.
C. RES4LUTION 20-03/04--A RESOLUTION OF TI� VII.,LAG�
COUNCIL OF TI�E VII,LAGE OF TEQUESTA, PALM BEACH
COUNTY, FLORIDA, APPROVING A LEASE AGREEMEI'�TT WITH
OMNIl'OINT HOLDINGS, INC. C/O T-MOBILE OF BELLEVLTE,
WASHINGTON, FOR TI� LEASE OF 1S0 SQ. FT. OF GROUND
SPACE ON TI� PROPERTY OF TI� VII.,LAGE FOR TI�
COI�STRUCTTON, OPERATION A1�TD MAINTENANCE OF AN
EQUIPMENT SHELTER, AND TO ERECT, OPERATE ANU
MAINTAIlV COl��CATIONS ANTENNAS ON THE VII.LAGE' S
EXISTING C41��IlVI[JNICATIONS TOWER LOCATED AT 901 N.
DI�� HIGHWAY, AND AUTHORIZING TI-� VII,LAGE MANAGER
TO EXECUTE THE APPLICABLE AGREEMENT ON BEHALF OF
THE V II,LAGE.—Village Manager Michael R Couzao, Jr.
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�ummary: Approval of a lease agreement between the Village and
Omnipoint Holdings, Inc. c% T-Mobile, leasing space for cellular
phane equipment on the Sprint Cell Tower within the Village.
Village Manager Couzzo remarked they will pay the first five years up
front plus an additional$5,000.00 in legal fees. The revenue from this
will total to over a million. These are not ad valorem revenues.
Village Attorney Hawkins read Resolution No. 20-03/04 by caption only.
MOTIUN: Vice Mayor von Frank moved to approve, seconded by Counczl
Member Capretta...
Council Member Genco remarked that the lease was phenomenal, and
Michael did a great job.
Village Manager Couzzo stated we will look to continue to market to
other cellular providers.
Resident Dottie Campbell asked where the money would be applied.
Village Manager Couzzo stated the Council should decide at any time.
Reserves are over two million. The Council last year made a
determination of what they want to do with the reserves.
Mayor Resnik stated the reserves will be used for Village Ha11. When we
do the reserves, we will categorize so it doesn't get commingled.
Motion carried S-0.
D. RESOLUTION 19-03/04—A RESOLIJTION OF THE VII.,LAGE
COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH
COUNTY, FLORIDA, AUTHORIZING AN INTRA FUND TRANSFER
OF $36,000.00 FROM 1'HE UNDESIGNATED FUND BALANCE FOR
ENGINEERING AND CONSTRUCTION OF TI� PHASE I JUPITER
HEIGHTS PROJECT AND AUTHORIZING T'F� VII,LAGE
MANAGER TO EXECUTE THE APPLICABLE TRANSFER ON
BEHAI,F OF THE VII..LAGE. Public Services Manager Russell K.
White
5umrnary: Transferal of funds to cover estimated constraction and
engineering costs of $39,500.00 for egpansion of water distri6ution
into tLe Jupiter Heights Subdivision. This is part of the plan to
eapand the water system outside of Tequesta.
Village Manager Couzzo stated this basically authorizes an intrafund
transfer for the uti�ities. It extends the water utility lines to the Jupiter
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Heights Subdivision. The payback on it would be rather instantane,ously.
This is in concert with the Council. There is a need and cost benefit
analysis. The staff and I are going to take a look at our existing service
agreement so we will have a much more designated service area.
Village Attorney Hawkins read Resolution No. 19-03/04 by caption only.
MOTI�N: Council Member Genco moved to apprQve Resolution No. 19-03/04,
seconded by CounciZlVlember von Frank, motion carried S-D.
IX. ANY OTHER N�A�1'ERS
X. ADJOUYZI�ZMENT
Meeting adjourned at 8:20 p.m.
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