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HomeMy WebLinkAboutMinutes_Regular_10/06/2003• VILLAGE OF TEQUESTA REGULAR VILLAGE COUNCIL MEETING MINUTES OCTOBER 6, 2003 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 Monday, October 6, 2003. The meeting was called to order at 7:02 p.m. by the Village Clerk. A roll call was taken by Mary Miles, Village Clerk. Council Members present were: Mayor Edward D. Resnik, Vice Mayor Russell J. von Frank, Council Member Joseph N. Capretta, and Council Member Pat Watkins. Council Member Geraldine A. Genco arrived at 7:06 p.m. 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 Joseph N. Capretta gave the invocation and led the pledge of allegiance. III. Approval of Agenda MOTION: Vice Mayor von Frank made a motion to approve the agenda as submitted. Council Member Watkins seconded the motion, which carried by unanimous 4-0 vote. IV. Presentations and Proclamations A. Presentation of an Automatic External Defibrillator (AED) to be housed in the Council Chambers, made possible by a grant from the American Heart Association. Fire Chief James Weinand advised that a representative from the American Heart • Association could not be present, and introduced Peter Allen, who was instrumental in obtaining the grant for the AED so that there was no cost to the • VILLAGE COUNCIL MEETING MINUTES OCTOBER 6, 2003 Page 2 Village for the unit. Mr. Allen explained this was an automatic AED meant to be used by lay people, and that the number one thing to do to treat sudden cardiac arrest was to defilibrate the person. This was better than any medicines, and this unit was being placed in the Recreation Center, a public place, for use by the public. Mr. Allen provided a demo using the unit. Mr. Allen was asked if any clothing needed to be removed, and explained there was a pair of scissors in the kit to cut off clothing since electrodes had to be applied to a bare chest. Council Member Capretta asked if it was recommended that private associations purchase these units, as he had been asked by Turtle Creek Country Club Community. Fire Chief Weinand responded it was recommended if there was proper maintenance and training. Without proper maintenance, when a machine was needed it might not be charged or ready to be used. Council Member Genco asked if these were the same machines the Village got last year. Chief Weinand advised that two units were obtained last year, they were the same as this machine, and they were currently in two patrol cars. The cost was approximately $2,000 each. Mr. Allen advised that after use, new pads were placed with the machine and a test was done to assure it was still charged and ready for use. Reconsideration of Approval of Agenda Council Member Genco commented she was tardy and not present when the agenda was approved, but would like to strike a couple of things from the consent agenda, items D, E and G. Village Clerk Miles announced that items G and F were correct on the consent agenda; however, the backup for these two items had been switched. MOTION: Council Member Watkins made a motion to approve the agenda as amended. Vice Mayor von Frank seconded the motion, which carried by unanimous 4-0 vote. B. Proclamation designating October 10, 2003 as "Put the Brakes on Fatalities Day." Mayor Edward D. Resnik read this Proclamation requested by the Florida League of Cities, who had forwarded a request from the National Society of Professional Engineers, intended to heighten awareness that safe driving behaviors save lives. C. Proclamation declaring November 2003 as "National Epilepsy Awareness Month." • • VILLAGE COUNCIL MEETING MINUTES OCTOBER 6, 2003 Page 3 The Village Clerk read aloud a Proclamation requested by the Committee for Epilepsy Awareness intended to heighten the awareness of Epilepsy and remove the myths, superstitions and prejudices associated with the disorder. V. CONSENT AGENDA MOTION: Council Member Genco made a motion to adopt the Consent Agenda with items D, E, and G pulled. Council Member Watkins seconded the motion, which carried by unanimous 5-0 vote. The following items were therefore approved on the Consent Agenda: A. Regular Village Council Meeting Minutes of September 18, 2003 B. Village Council Public Hearings on Final Millage and Final FY 2003/2004 Budget Minutes of September 18, 2003 C. Resolution No. 1-03/04-A RESOLUTION OF THE VILLAGE • COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AWARDING A ONE (1) YEAR CONTRACT EXTENSION (OCTOBER 1, 2003 THROUGH SEPTEMBER 30, 2004) FOR AREA "A" LAWN AND LANDSCAPE MAINTENANCE TO ROOD LANDSCAPE CO., IN THE AMOUNT OF $97,868, HAVING A FY 2004 BUDGET ALLOCATION OF $97,868, AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE APPLICABLE PROPOSAL ON BEHALF OF THE VILLAGE. F. Resolution No. 4-03/04--A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING THE CONTRACT WITH CABLE CONSTRUCTORS, INC., OF HAINES CITY, FLORIDA, WITH AN EXISTING CONTRACT PRICE IN THE AMOUNT OF $111,514.38, TO ADD $39,575.00 FOR THE U. S. HIGHWAY 1 CROSSING, AUTHORIZING THE VII,LAGE MANAGER TO EXECUTE THE APPLICABLE CONTRACT ON BEHALF OF THE VILLAGE, AND APPROPRIATING ADDITIONAL FUNDS AND BUDGETING SUCH FUNDS IN FISCAL YEAR 2004 IN THE WATER UTII.,ITY FUND #401 FOR SUCH PURPOSE. n U VII,LAGE COUNCIL MEETING MINUTES OCTOBER 6, 2003 Page 4 H. Resolution No. 6-02/03-A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING THE CONTRACT WITH ROOD LANDSCAPE CO., INC., WITH AN EXISTING CONTRACT PRICE IN THE AMOUNT OF $97,868.00, TO ADD $25,000.00 FOR ADDITIONAL LANDSCAPE AND IRRIGATION MAINTENANCE FOR AREA "A", HAVING A FISCAL YEAR BUDGET ALLOCATION OF $25,000.00, AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE APPLICABLE CONTRACT ON BEHALF OF THE VILLAGE. Public Works Director Gary Preston Summary: Additional landscape improvements and maintenance deemed necessary for Area "A" (east of FEC Railroad and Tequesta Drive, and west of FEC Railroad to Fiesta Avenue). This was a budgeted project. Items Pulled from Consent Agenda: D. Resolution No. 2-03/04-A RESOLUTION OF THE VILLAGE COUNCIL OF THE VII.LAGE OF TEQUESTA, PALM BEACH COUNTY, • FLORIDA, AWARDING A ONE (1) YEAR CONTRACT EXTENSION (OCTOBER 1, 2003 THROUGH SEPTEMBER 30, 2004) FOR AREA "B" LAWN AND LANDSCAPE MAINTENANCE TO TERRACON SERVICES INC., OF JUPITER, FLORIDA, IN THE AMOUNT OF $66,549, HAVING A FY 2004 BUDGET ALLOCATION OF $66,549, AND AUTHORIZING THE VII.LAGE MANAGER TO EXECUTE THE APPLICABLE PROPOSAL ON BEHALF OF THE VILLAGE Council Member Genco stated she brought up this item which was renewing the contract for lawn and landscape maintenance for public rights-of--way, as were items `c" and "h" which had been approved on the consent agenda, and she would like the Council to develop a philosophy going forward when renewing contracts for landscape improvements to rights-of--way that the Council would support the Village supplementing the irrigation. Council Member Genco commented that this was done on Country Club Community Drive, and that Tequesta in the Pines had submitted a proposed landscape plan, and it would behoove the Village to provide help with the irrigation. MOTION: Council Member Watkins made a motion to approve item D on the consent agenda. Vice Mayor von Frank seconded the motion, which carried by unanimous 5-0 vote. • VILLAGE COUNCIL MEETING MINUTES OCTOBER 6, 2003 Page 5 Village Manager Couzzo asked if when the Tequesta in the Pines project was presented that staff was to make a suggestion as to how Council Member Genco's suggestion to cost share irrigation might be implemented. Council Member Genco indicated that was correct and that this was basically establishing a philosophy and for future projects the Village could assist with landscaping in the public rights of way since it helped improve everybody's property. E. Resolution No. 3-03/04-A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORH)A, APPROVING THE MEDICAL DIRECTOR AGREEMENT WITH DON T. TANABE, M.D., AND AUTHORIZING THE MAYOR TO EXECUTE THE SAME ON BEHALF OF THE VILLAGE OF TEQUESTA. Council Member Genco commented she had requested this item be pulled to verify the payment to the Medical Director. The Village Manager verified the payment was $925 per month, plus insurance, and a pager. Fire Chief Weinand clarified the Medical Director spent one day a month at the station but was on call 24 hours a day, 7 days a week. Council Member asked if he was training people. • Fire Chief Weinand responded the Medical Director was responsible for every paramedic that the Village licensed and they operated under his license as a physician. The Fire Chief explained under Florida Statute 401 a licensed physician was required to oversee any paramedic operation, and stated this was less than the contract he had in Stuart ten years ago before he came here. Council Member Genco commented she thought $10,000 was reasonable but had requested it be struck because she had not understood it. Fire Chief Weinand explained that Dr. Tanabe had been with the Village since 1994 when the paramedics started. MOTION: Council Member Genco made a motion to approve item E on the consent agenda. Vice Mayor von Frank seconded the motion, which carried by unanimous 5-0 vote. G. Resolution No. 5-03/4-A RESOLUTION OF THE VII.LAGE COUNCIL OF THE VH.LAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING THE CONTRACT WITH CABLE CONSTRUCTORS, INC., OF HAINES CITY, FLORIDA, WITH AN EXISTING CONTRACT PRICE IN THE AMOUNT OF $151,089.38, TO ADD $33,200.00 FOR THE STORMWATER IMPROVEMENTS ON TEQUESTA CIRCLE, AUTHORIZING THE VILLAGE MANAGER TO • EXECUTE THE APPLICABLE CONTRACT ON BEHALF OF THE VILLAGE, AND APPROPRIATING ADDITIONAL FUNDS AND • VILLAGE COUNCIL MEETING MINUTES OCTOBER 6, 2003 Page 6 BUDGETING SUCH FUNDS IN FISCAL YEAR 2004 IN THE STORMWATER UTILITY FUND #403 FOR SUCH PURPOSE Council Member Genco indicated she had requested this item be pulled and asked the Village Manager to explain it. Village Manager Couzzo explained that the way the contract worked was, the intent was to have a change order to a purchase order and not necessarily to a specific construction contract. Mr. Couzzo commented the Village was at a disadvantage with small contracts to find competent contractors who would do the work for a reasonable price. In this situation a contractor had finished the work and was good enough to give the Village a price on another piece of work that the engineers had approved as being within acceptable parameters. What the Village was doing was availing itself of expanding the purchase order to encompass additional work with a good bid. Mr. Couzzo explained this was different from a typical change order to a specific contract but was technically a change order to the purchase order. Council Member Genco commented that the original contract that was for $61,000 was for the water lines in the Pine Tree area, and that was changed and the U. S. One pipeline from Jupiter was added for $49,000 and now $39,575 of stormwater • improvements for the Country Club Community was being added. The Village Manager stated these were all being funded through different funding mechanisms. Council Member Genco stated this contract went from $61,000 to $181,000, which was why it caught her attention. Complaints had been received about the Country Club Community, but Country Club Community Point had also flooded in 1991 and to date had received no stormwater improvements or addendums and hopefully that would be addressed. MOTION: Council Member Genco made a motion to approve item G on the consent agenda. Vice Mayor von Frank seconded the motion, which carried by unanimous 5-0 vote. VI. Development Matters A. Quasi-Judicial Public Hearing for Special Exception and Site Ptan Review. Casa del Sot. The Village Clerk swore in all those present who intended to speak on this matter. Community Development Director JeffNewell explained the Casa Del Sol project was a planned commercial development located in the C-2 zoning district, which was before the Village Council for site plan approval. Mr. Newell reviewed the • surrounding areas, and indicated staff had determined that the project was compatible with surrounding uses. Mr. Newell reviewed the site plan, which • VII,LAGE COUNCIL MEETING MINUTES OCTOBER 6, 2003 Page 7 consisted of both commercial and residential units. Mr. Newell advised that the Council had the authority to waive the parking requirement that garage spaces could not be counted as parking, in order to meet the parking requirements, otherwise this project would be four spaces short. Mary Lindgren, Environmental Services, hired as a consultant for the developer, explained the application that had been submitted to Florida Wildlife Services regarding the on-site protected area. Ms. Lindgren explained that a small scrub jay population existed on this site, and because it was not practical to completely conserve the scrub jay population on this site, an application and conservation plan to move the population had been submitted. Ms. Lindgren had prepared an executive summary for the Council, indicating that the property comprised 5.25 acres of undeveloped and cleared land, which had been severely impacted by past clearing activities. No active or abandoned scrub jay nests were found on the property; however, one group of 3 scrub jays were found to intermittently use a territory on the extreme west of the property consisting of .057 of an acre. This small portion of the property was only a part of this group's territory, with their major activities conducted off-site. No scrub vegetation presently existed on-site because of the past clearing. Ms. Lindgren advised that their proposal was to plant a 0.19-acre . native landscape buffer consisting of scrub jay vegetation preserved and maintained all along the western edge of the property, most of which fell within the 0.57 defended habitat area. Enhancement will consist of removal of exotic vegetation and planting scrub vegetation approved by the U. S. Fish and Wildlife Service. In addition, the applicant would contribute money to the Florida Scrub Jay Conservation Fund. The applicant would monitor the scrub plantings for a minimum of 5 years to assure a minimum of 90% survival, with any dead plants to be replaced. If Casa Del Sol should be sold, the new owner would be subject to the terms of the incidental taking permit when received from the U. S. Fish and Wildlife Service. Ms. Lindgren answered questions from the Council members, responding that the birds now used the site for foraging for insects, and their typical foraging range was about 14 acres. Acorns from scrub oaks made up approximately 25% of their diet, with the remainder being insects. Council Member Genco commented that she would have thought the plants would have included scrub oaks, to which Ms. Lindgren responded she did not know the proposed plant species and sizes but the plantings would be carefully coordinated with the U. S. Fish and Wildlife Service. Council Member Genco asked what would be done during construction to keep people away from the scrub jay area and to minimize noise, to which Ms. Lindgren responded those details would be worked out with U. S. Fish and Wildlife Service. Ms. Lindgren responded to Mayor Resnik that they strongly believed their application would be approved, and that this approval would allow the project to proceed with this threatened • species protected. Council Member Genco questioned the access roadway design, since it could have been designed differently so as not to impact the scrub jay area VILLAGE COUNCIL MEETING MINUTES OCTOBER 6, 2003 Page 8 so much. George Gentile explained that the scrub jays had not been expected to be found on site since this was not a good habitat for them and it was actually an overflow area for them from their main habitat. Mr. Gentile explained that the buffer area had been preserved, which was a the edge of their habitat and a good area to plant for them and he felt this was a better solution than if the road had been placed at the back of the property. Council Member Genco expressed her opinion that if this had been the back yards of the units there would have been an opportunity for more landscaping. The size and location of the buffer s discussed. Mr. Gentile explained that the landscape plants had been selected to meet Village Code and the U.S. Fish and Wildlife Service would dictate which trees and plant species must be changed for the scrub jays. Council Member Genco commented once the Council approved this site plan the layout could not be changed and questioned the pull-in parking spaces shown for Phase 2. Mr. Gentile explained that those spaces had been added to provide for ample parking because of the e four spaces that were short without using garage parking. Council Member Genco commented that she would be willing to forego four of the parallel spaces in order to add more preservation area. Discussion ensued. Council Member Genco commented this was policy issue, that there are two other nesting pairs in • the Village that currently being protected, and if this pair was not protected also, that could set a precedent as well as prevent the scrub jay population from increasing. Mayor Resnik expressed his opinion that by going to a national authority for approval of whatever was proposed for maintaining a safe area and proper buffer for the scrub jays, and if that was approved, he believed that was sufficient for the Village. Council Member Genco commented she was not disagreeing but was trying to negotiate possibly giving up four parallel spaces for a 25 foot buffer in that area, with the mitigation plan for that landscape easement to include an exception allowing Mr. Newell to use planting materials more conducive to a scrub jay environment. Mr. Newell advised that he had been watching the birds, that there was a pair and a couple of juveniles, for the past 3-4 months to the point they were so familiar with him that they would land on him. Mr. Newell pointed out the nesting and foraging locations, commented there were three birds in the foraging area, and the people who lived there were feeding them, so they were receiving support from human feeding. Mr. Capretta commented this was really not a very good foraging area for these birds and when the project was completed it would be a better place for the birds than it was now. Mayor Resnik commented that the proposal to eliminate four parallel parking spaces added to the four already short would mean eight less than required, but, he felt still more than were needed; to allow a little more buffer area. Mayor Resnik inquired as to the density of this project, to which Mr. Newell responded 10.2 units per acre, almost half of the 18 units per acre allowed. Council Member . Watkins commented there was potential to have the whole area of K-Mart plaza developed and this could be the first piece, which she thought he residential VILLAGE COUNCIL MEETING MINUTES OCTOBER 6, 2003 Page 9 component would be an asset to the Village, and this was a very marketable area.. Mr. Gentile advised that the third floor occupants would have a view of the ocean, and the units would start at $395,000. Space had been left for an elevator and if the developer chose not to install an elevator it could be used for closet space and would be available for elevator installation in the future. Mr. Gentile advised there was approximately 4.08 acres in the back for residential and a little over an acre and a half in the commercial area. The buildings had been brought to the front with parking in the back, as in other new urbanism projects in Jupiter and other areas. Mr. Gentile presented revised elevations depicting more of a front door appearance. Mr. Gentile commented the permit application had been submitted to the Vero office of U. S. Fish and Wildlife and there was a condition of approval until the Vero office is satisfied with the mitigation plan, and this area would not proceed. Mr. Gentile's office would keep the Village informed on this. The maintenance will be in the homeowners documents so it will be maintained in perpetuity by all future owners. Mr. Gentile advised the maximum top point of the roof was at 42 ft., well below the 50' limit in the Village Code, and the third story had a very a marketable view of the Intracoastal. Because the property elevation rose at the back, those units would also have that view. Mr. Gentile commented he was very pleased with the site. Mr. Gentile reviewed the access points including the brick paved entry feature with divided median. Elevations were distributed showing the level ands density of landscaping proposed for the front. Mr. Gentile explained that salt tolerant materials must be used, and pine trees would not survive the salt situation. Proposed plant materials included gumbo limbo, oaks, palm trees, foxtail, sable palm. Mr. Gentile confirmed for Council Member Genco that the commercial and residential portions would be developed by the same party, and the commercial phase would be sold. There would be a homeowners association for the residential and an association for the commercial. Pedestrian access had been provided to U. S. One through the commercial area. Council Member Watkins asked why the commercial building was toward the street. Mr. Gentile explained the parking was hidden from other people, and this was a new urbanism concept that had really taken off. A joint access agreement with the Mobil site had dictated the entrance location. Mr. Gentile estimated two years from start to completion and groundbreaking could take place as early as the Vero office granted approval of the mitigation plan. During comments from the public, it was disclosed that an amount between $40,000 and $60,000 would be donated to the scrub jays. The applicant indicated final comments had been made. Mr. Newell advised that staff had reviewed the guidelines under the PCD, and this project had been found to be in compliance for special exception use. • MOTION: . VILLAGE COUNCIL MEETING MINUTES OCTOBER 6, 2003 Page 10 Vice Mayor von Frank made a motion to approve the special exception use for the Casa Del Sol project. Council Member Capretta seconded the motion, which carried by unanimous 5-0 vote. Councilmember Genco described the conditions of approval. MOTION: Council Member Capretta made a motion to approve the site plan for Casa Del Sol as described by Council Member Genco: approval to be contingent upon the approval of U. S. Fish and Wildlife Service, removal of four parallel parking spaces for extra buffer area, mitigation of plant species; with exception granted for the tree height on the western corridor and that the final mitigation come back to the Village Council for final approval. Vice Mayor von Frank seconded the motion. During discussion of the motion, Mr. Gentile advised that the U. S. Fish and Wildlife Service would dictate what must be done in the mitigation plan; and that in studying the plan it had been noted that three 90-degree parking spaces could be added to replace three of the parallel spaces; therefore, the applicant was asking for a • variance of five spaces instead of eight spaces. Mayor Resnik stated he understood the mitigation would be recommended by the Bureau of Fish and Wildlife; Council Member Capretta agreed, stating the Council had nothing to do with that. Council\ Member Genco stated the total number of parking spaces for the whole development would be 118, of which 36 would be guest spaces, which Mr. Newell confirmed. Motion carried by unanimous 5-0 vote. VII. Communications from Citizens Wade Crriest, Dover Road, commented that as a taxpayer he was paying for grass on the Siegel property to be cut and asked why that was allowed. Mayor Resnik responded that he and his neighbors took care of their own right-of--way. Mr. Griest commented the Village employed people to cut the grass on the Siegel property. Mr. Griest commented he had heard that in October the Village was foreclosing on their house and asked if there was any progress. Attorney Hawkins responded the Village had taken steps and would be filing the action to foreclose, and was waiting for the 90-day limitation period to expire, imposed because the Special Master made a mistake which had to be rectified, and that required a 90-day wait. Attorney Hawkins advised the 90 days would expire either the 19~' or the 10~'-the time was very close. VIII. Communications from Council • Mayor Resnik announced he had asked Village Manager Couzzo to develop a set of goals he believed would be beneficial for the Village to be accomplished within the next fiscal • VILLAGE COUNCIL MEETING MINUTES OCTOBER 6, 2003 Page 11 year within the framework of the budget that was just approved. The goals that had been identified in January by the Council were 90% complete already. Mayor Resnik stated he had asked the Village Manager to provide goals this time, and to provide them to the Council before December and the Council would look at them and make any changes and give the goals to the Manager at the December meeting for implementation during the year. After any changes by the Council, a vote would betaken in December and those would be the goals for the year. Mayor Resnik stated there would be time for the Manager to accomplish the goals during the remainder of the fiscal year. Council Member Capretta asked if these were goals the Manager would be paid to implement, or an interesting concept. Mayor Resnik stated he would get paid for doing a good job and this was a concept to improve the Village. Council Member Capretta commented if he wanted the goals implemented, pay the Manager to do it, then he would be sure to do it. Mayor Resnik stated that was the next thing that would be brought up. Mayor Resnik stated the second item he wanted to bring up was on water, and reported that he attended a meeting at Tropic Vista in Martin County where the community had voted to accept expansion of Village water into their area and as soon as the piping was in there would be 111 new customers for the Village. Mayor Resnik thanked the Village • Manager for coming up with the idea of enhancing the offer they had accepted. Council Member Watkins reminded the Council of the upcoming League of Cities luncheon the day before Thanksgiving. IX. NEW BUSINESS A. Resolution No. 7-03/04-A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING ATHREE-YEAR COLLECTIVE BARGAINING AGREEMENT BETWEEN THE VILLAGE OF TEQUESTA AND THE FRATERNAL ORDER OF POLICE (FOP), EFFECTIVE OCTOBER 1, 2003, AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE CONTRACT ON BEHALF OF THE VILLAGE Village Manager Couzzo reported negotiations had been concluded after 8-10 weeks and the membership had voted 90% to accept the contract. Joseph Puleo, business representative for Fraternal Order of Police, and Mike Morrill who negotiated the contract with the Village, were present tonight. Vice Mayor von Frank commented this represented roughly 17-1/2% increase in pay with 14% for hospitalization and medical, 3% incentive, and 1.5% COLA, which was pretty good. Mayor Resnik commented the Village Manager had worked hard in • negotiating and he felt it was in the best interest of everybody that the Village Council approve it. Mike Morrill commented this was a result of a lot of hard . VILLAGE COUNCIL MEETING MINUTES OCTOBER 6, 2003 Page 12 work between the bargaining unit and Mr. Couzzo, and the agreement was very fair. Mr. Morrill endorsed strongly that the Council approve the agreement. Joseph Puleo commented the Manager always cared for the policemen and looked out for their interests during negotiations, and the Chief had helped things along, and he wished the Manager was manager of all the cities with which they negotiated. Mr. Puleo recommended approval by the Council. MOTION: Council Member Capretta made a motion to approve Resolution 7-03/04. Council Member Watkins seconded the motion, which carried by unanimous 5-0 vote. B. ORDINANCE NO. 583-First 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 ENTHtETY: ADOPTING A NEW CHAPTER 7, PLANNING AND ZONING BOARD; PROVHING FOR SEVERABILITY; PROVIDING • FOR REPEAL OF ORDINANCES IN CONFLICT, PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE Village Attorney Hawkins read Ordinance No. 583 on first reading by caption only. Council Member Capretta asked if the Community Appearance Board would move in and take over the new Board. Director of Community Development Jeff Newell responded, no, the duties and authorities granted by the Council to the Community Appearance Board would be incorporated into the Planning and Zoning Board. Members of the Community Appearance Board would not automatically move into seats on the Planning and Zoning Board, but would have to apply for those positions. All applications received would be reviewed and the members would be selected by the Village Council. Council Member Genco recalled that she had previously requested members be selected through a district process and her reason was that the Country Club Community did not necessarily have the interests in mind of the rest of the community, and she would be concerned if the Country Club Community ended up with a majority of members who might be interested only in approving things that would benefit them. Council Member Genco stated she would like, if there was some way to incorporate this, that no more than two members should represent a homeowners association, or to do it by districting. Council Member Genco stated this was her • big concern since obviously the Village had capable people in the Country Club Community. Mr. Newell responded this was an Advisory Board without quasi- • VII.LAGE COUNCIL MEETING MINUTES OCTOBER 6, 2003 Page 13 judicial authority, and he had discussed districting or limitations with the Village Attorney. This was first reading of the ordinance and the ordinance could be amended before second reading to include language setting criteria, according to the Village Council's decision. Mayor Resnik commented Council Member Genco had brought up homeowners associations being the controlling factor, stated there were two voting precincts. Betty Nagy commented there were quite a few residents who did not belong to homeowners associations and they did not want more than one from each association. Council Member Genco commented since there were eight or nine homeowners associations and this board would only have five seats, it would be almost impossible to do districting, another way of limiting the control on this board was not to have more than two people serving from any particular homeowners association, and there would still be three other members outside the homeowners association. Mayor Resnik commented if the opportunity to apply went out to every single resident wherever they lived, you could not legislate who would apply. Council Member Genco stated it would still enable everybody to apply but would prohibit the Council from having more than two people from one homeowners association. Council Member Genco stated she was sure there would be other people applying and more than five people • applying, and that would force the Council to look at other applicants outside that one geographic area. Mayor Resnik responded he would look at any applicant from the Village, he did not care what homeowners association they were with. Council Member Genco stated with five members from Tequesta Country Club Community, the Council would pick the best two. Mayor Resnik commented Council Member Genco was saying only the Country Club Community was going to apply. Vice Mayor von Frank commented the ordinance did not go into detail as to what Council Member Genco was talking about, it was only to establish an entity and then there would be discussion as to how many people should be here or there, and asked to keep this on the subject matter first-do we want to repeal and establish this board, period, that's it. Mayor Resnik agreed. Council Member Capretta commented there had been many concepts; that when he first came on this Council there was a board with power that the Council could not reverse them; but this time they would not be given that power, they would be an advisory board. Council Member Genco commented they always were an advisory board but the whole problem was in the majority of all the committees, unfortunately the only volunteers that stepped forward were from the Country Club Community, so the end result was representation for the entire Village from a minority. Council Member Capretta asked why this board should be better than the Village Council. Councilmember Genco commented that was not the point, and she was not from the Country Club Community. Council Member Capretta commented as long as he had been on the Council he had been trying to get a representative on the • Council from Beach Road-there were a dozen condominiums with a thousand people and they had never had a representative on the Council. They did not • VILLAGE COUNCIL MEETING MINUTES OCTOBER 6, 2003 Page 14 attend meetings, and you could not make them attend. Council Member Capretta commented that looking at the Village, there were 2000 people living east of the railroad tracks, and he wanted representatives from across the tracks and would vote for two representatives east of the tracks and three west of the tracks. Council Member Genco commented she was trying to make it better. Village Manager Couzzo commented this was first reading and he believed there was a possibility geographically dividing the Village into five sections east to west without officially districting. Mayor Resnik stated he would like to get on with this, that right now the Village had a Board of Adjustment which was made up of volunteers, not all from the Country Club Community, and he did not know why they kept saying that everybody who volunteered would be from the Country Club Community. Mayor Resnik commented that if it was something a resident was interested in they would volunteer, and he knew one who did not live in the Country Club Community that was going to volunteer, and he felt like every resident needed to have an opportunity to apply; and if districts were established and there were no volunteers from a distn-ict, what would be done then. Betty Nagy asked how all residents of the Village would be notified, since Village representatives had already met with the Country Club Community. Mayor • Resnik stated no one had met with the Country Club Community, to his knowledge. Jeff Newell clarified that he and the Village Manager had met with the President of the Country Club Community association on one or two occasions, discussing current issues in the Country Club Community, but a specific meeting on this subject had not been called. Mr. Newell stated the ordinance designated him as clerk of the board, and he was going to heavily advertise in the Jupiter Courier and on the Village website. He would also hand carry an invitation to all homeowners associations and condominiums, but he could only deal with applications that were received. Mayor Resnik stressed that residents that were not members of homeowner associations must have an equal opportunity to apply with an explanation of what they were applying for, even if they had to be mailed to everyone-this was a very important program. Mayor Resnik stated he agreed the board should not be overloaded from one area or another, but did not agree with districting and commented if every resident got an application he believed there would be a diverse board. Council Member Genco asked what would be wrong with saying all the people in the world could apply so long as the final choice did not include more than two people from a specific homeowners association. Council Member Watkins stated first the Village needed to take a vote on whether they were even going to adopt this. Council Member Genco stated she did not think any Council Member was opposed to adopting it, but why even do this unless they were going to do something better. Mayor Resnik commented his point about the Board of Adjustment was they • made decisions the Council did not even see and they were made up of volunteers. Council Member Genco stated the Board of Adjustment was different • VILLAGE COUNCIL MEETING MINUTES OCTOBER 6, 2003 Page 15 than this board. Mayor Resnik stated the Board of Adjustment made some pretty potent decisions. Toe Hall suggested explaining this board and requesting volunteers through Smoke Signals, since that went to everyone. Council Member Genco stated that did not get very good results. Mayor Resnik stated whatever means to get to every resident was fine with him, to give every resident an opportunity to apply, then the Council would look at each application and at each resident and they could then pick the best from each area. Bob DeLaura, a new resident, commented he had been on the Council in Birmingham, Michigan, which grew from a bedroom community to a large city, and the governing body decided who would sit on boards within categories such as doctor, lawyer, architect, etc., and homeowner associations had to elect one person they wanted to be their representative. The final vote was always by the governing body. Mayor Resnik stated this would be an advisory board and would not make decisions. Mr. DeLaura commented the Council could approve the board with an addition to the motion that it would come back to the Council to decide how the board would be structured. Council Member Genco commented her first year on this Council, everything was rubber stamped and anything that came up from a committee was adopted by the Council, without much provided in the way of backup because all • the work had already been done on the committee level, which could be very good, but on the other hand if there was a Council that was not really proactive they could end back up that same way and her reason for putting in her two cents now was to set out the map or the plan so subsequent Councils would understand it even if they did not understand the concept. Mayor Resnik stated he did not disagree with diversity-there must be diversity on the board-but how it was achieved was not what was under consideration tonight, it was whether to establish this ordinance. Council Member Genco stated she understood that but in the conceptual phase she had asked this be included and it wasn't. Now the concept was being voted on and she did not want to do it any other way. Mayor Resnik stated it was not only diversity, it was knowledge of what they were doing, their background, education, and ability to make decisions on this. Council Member Genco stated that was another level of diversity, but she thought in any area of the Village there were intelligent people. Mayor Resnik stated he found it hard to believe that any individual that applied would be insensitive to the values of the entire community; he thought that was the intent of an individual when they applied, and if they were only concerned with their individual self-interest and their own homeowners association then the Council should know that and not vote them in. Council Member Genco stated it happens. Council Member Capretta commented, not very often. Mayor Resnik commented that most people have integrity. Council Member Capretta asked how many boards the Village had. Mr. Newell responded there was the Board of Adjustment, which was also • the Board of Appeals, and Community Appearance Board combined with the Tree Board. After establishing this board there would be Board of Adjustment, • VILLAGE COUNCIL MEETING MINUTES OCTOBER 6, 2003 Page 16 and Planning and Zoning Board. The Community Appearance Board would be dissolved. The Planning and Zoning Board would pick up Zoning, Community Appearance, and Tree Board. The Village would end up with just two boards. Council Member Capretta commented look at the number of hours people on the various boards put in, and to only have two boards, these people would have to put in a lot of time. Council Member Capretta commented when the Village started asking for volunteers, with Council Member Genco's concern of geographic areas and his concern of being qualified to do the job by experience, education, etc; and then being asked to put in hours and attending meetings--the job of getting volunteers was not as easy as it looked. Council Member Capretta commented one could ask, why haven't there been volunteers from Beach Road, and there was only one on the Beaches and Shores Committee-which was something they were interested in., and they didn't care about the rest of the Village. Since this would be an advisory board it would come to the Council for final approval, and the decisions made now by the boards did not come to the Council. Mr. Newell confirmed only the Board of Adjustment would still be quasi judicial. Council Member Capretta asked if the Council was sure they wanted decisions coming to them, and his opinion was the Council should give • this more thought. Mayor Resnik commented that the basis for this was a big effort to upgrade the zoning and the code, which was a big project, and ought to involve citizens from all areas to participate rather than the Council or a contractor doing it, without benefit of the residents. Mayor Resnik stated he would hope this would evolve into a group of five individuals that were qualified and were from different areas of the community, and whatever the Council could do to enhance that result should be done, but he did not see how the Council could force people to do it. Council Member Genco stated nobody was asking to force anything-that was the wrong concept--the idea was to get volunteers, then to select from those volunteers what was geographic within the Village. Council Member Capretta commented that to him that was a third level issue, and what worried him was if the Council took today the present boards and went back to retroactively approve all their decisions for the past two months, whether they could stand to approve all of the decisions. Council Member Genco stated it was not that much. Mayor Resnik stated this Council needed to approve the changes to the code. Council Member Capretta commented the Mayor was talking about a different thing, and revising the code was a big issue that the Council should be heavily involved in and they would like to get some citizens to work on that, just like when the Charter was revised. Council Member Capretta commented he was not talking about that, but just when functioning normal, just like the shopping center that just came up-they should have Mr. Newell tell them what would happen with that shopping center they just approved under the new system versus • the old. Council Member Capretta commented under the new system everything would have been settled by the board and would have just come to the Council for VILLAGE COUNCIL MEETING MINUTES OCTOBER 6, 2003 Page 17 approval. Mayor Resnik commented the Board of Adjustment approved variances that were approved and did not come to the Council. Council Member Genco stated to set Mr. Capretta at ease other than going back and revising the code, how many things did Mr. Newell think would come to the Council on a monthly basis. Mr. Newell responded the Community Appearance Board and Board of Adjustment met once a month, and the Planning and Zoning Board would meet once a month, and the length of time depended on the issues they were considering. Council Member Genco clarified her question was how many items would be referred to the Council each month. Mr. Newell commented he saw no more than two. Mayor Resnik stated in reading the minutes, the Community Appearance Board had 3-4 items. Council Member Genco stated that was every 2-3 months. Council Member Watkins asked why a Planning and Zoning Board was recommended. Mr. Newell responded that when you got into large reviews there were times he needed at least an hour to an hour and a half, and in a planning and zoning meeting, public input could go on for an hour or more, but that gave residents an opportunity for input. Mr. Newell commented those discussions would take place at board level and then forwarded to Council with a recommendation. Council Member Genco stated, and hopefully if there • was a lot of public interest, that would already have been addressed at the planning and zoning board, so the Council would not have to have 4-5 hours of public hearing with people being upset. Council Member Watkins commented it sounded like more study was needed-that first there was the issue of whether or not to adopt implementation of it, and then there would be the issue of forming it. Council Member Capretta commented that was a different issue. Councilmember Capretta commented revising the zoning code was a large issue and he had no problem with getting all the help needed from the public with that; but this was not that-this was how things would be run after that was all over. Council Member Genco commented, think of it this way, that the work of the Community Appearance Board came back to the Council now to some degree and this board would do what CAB did and more. They would buffer and take a lot of the heat away from the council and in the future there would be redevelopment and this board would be very useful. Council Member Genco stated she was all for this board, but she wanted to make sure it represented the citizenry, and she thought it was the easiest way to get going, and the people on the board would carry with them the knowledge of why they adopted this, how they adopted that, and what it meant-unlike what the Village had now with the Community Appearance Board who did not necessarily understand all the ordinances that they were helping to address. Mr. Newell commented he had had a lot of conversations with CAB members, and they were very supportive of this because they had concerns about not getting the whole picture but getting it afterwards and could only address • colors, trees, etc., and when they saw problems with the site they could not address those. The Planning and Zoning Board would see the whole picture. • VILLAGE COUNCIL MEETING MINUTES OCTOBER 6, 2003 Page 18 Peggy Verhoeven indicated she had seen from the Jupiter Planning and Zoning Board this would not shorten any meetings and questioned how they could change into the variance board five pages into their agenda. Mayor Resnik expressed his opinion this should be adopted on first reading and changes could be made at second reading. Council Member Genco asked the Village Attorney if a motion to approve could be made subject to something. Attorney Hawkins advised that changes could be made at second reading; and staff could be asked to study something relative to her suggestions and report at the next meeting. Council Member asked if this could come back with a revision to include the concept and if then there would have to be another first reading. Attorney Hawkins advised another first reading would not be necessary. Council Member Genco stated she was in favor of the board but wanted to be sure the diversity was included. MOTION: Vice Mayor von Frank made a motion to approve Ordinance No. 583 on first reading by title only. Council Member Watkins seconded the motion, which carried 4-1 with Council Member Capretta opposed. • C. ORDINANCE NO. 584--First Reading-AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 13.1, PLANNING AND DEVELOPMENT, AT ARTICLE II SECTION 13.1-22, OF THE VILLAGE CODE OF ORDINANCES, TO DESIGNATE THE PLANNING AND ZONING BOARD AS THE LOCAL PLANNING AGENCY; PROVIDING FOR SEVERABII.ITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE Village Attorney Scott Hawkins read Ordinance No. 584 on first reading by caption only. MOTION: Vice Mayor von Frank made a motion to approve Ordinance No. 584 on first reading by title only. Council Member Watkins seconded the motion, which carried 4-1 with Council Member Capretta opposed. Mayor Resnik asked Mr. Newell to look at this to find some means of incorporating diversification and qualifications. D. Annual Performance Review for the Village Manager • VII.LAGE COUNCIL MEETING MINUTES OCTOBER 6, 2003 Page 19 Mayor Resnik commented two months ago he had mentioned the Manager had provided a very comprehensive report of his and his administration's accomplishments over the past year, which was provided to each Council Member for review and to come up with their evaluation of the Village Manager's performance with regard to receiving performance recognition compensation in accordance with his contract. The Mayor commented he had heard good comments and asked if there was consensus among the Council Members that Mr. Couzzo's performance warranted performance recognition compensation; and if that was the case, a member of the Council would be appointed to meet with Mr. Couzzo and bring back a recommendation to the Council for consideration and approval at the November meeting. Mayor Resnik stated he did it last year and the year before it was then Mayor Genco. There was consensus that Mr. Couzzo's performance warranted performance recognition compensation. Mayor Resnik asked it Council Member Capretta would meet with the manager and bring a recommendation to the November meeting. Council Member Capretta accepted. X. Any Other Matters There were no other matters to come before the Village Council. XI. Adjournment MOTION: Council Member Capretta made a motion to adjourn the meeting at 9:20 p.m. Vice Mayor von Frank seconded the motion. A resident questioned how the approval of the agenda was handled, which was explained by the Village Attorney. Motion carried by unanimous 5-0 vote. Respectfully submitted, ~ ~~~ ~~ Mary Miles Village Clerk '~ J