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HomeMy WebLinkAboutMinutes_Regular_09/18/2003r v ~; " %ss f oQ ~, i VILLAGE OF TEQUESTA Post Office Box 3273 250 Tequesta Drive, Suite 300 Tequesta,Flerida 33469-0273 (561)575-6200 Fax: (561) 575-6203 VILLAGE OF TEQUESTA REGULAR VILLAGE COUNCIL MEETING HELD IMMEDIATELY FOLLOWING THE PUBLIC HEARINGS ON FINAL MILEAGE AND BUDGETS MEETING MINUTES SEPTEMBER 18, 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 Thursday, September 18, 2003. The meeting was called to order at 7:42 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. 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 Pat Watkins gave the invocation and led the pledge of allegiance. III. Approval of Agenda • Village Clerk Miles announced there were items under Development Matters being removed by staff-one was the Casa del Sol parcel, which had been requested to be removed by the developer, and the other item being pulled by staff was the alleyway abandonment. Council Member Genco requested that Item D under the Consent Agenda be pulled. A member of the audience asked if the alleyway abandonment would be rescheduled. Village Manager Couzzo indicated that item would be heard at a later date, the affected residents would be notified, and it would be advertised. MOTION: Council Member Watkins made a motion to approve the agenda as amended. Vice Mayor von Frank seconded the motion, which carried by unanimous 5-0 vote. Recycled Paper • REGULAR VILLAGE COUNCIL MEETING MINUTES SEPTEMBER 18, 2003 Page 2 Mayor Resnik commented that at the last Village Council meeting, a resident had indicated that sometimes the muetings moved too fast for her to gain an understanding of what was being considered before it was voted on by the Council. Mayor Resnik recognized there were times routine matters were voted on without much discussion, commented he regretted the inconvenience this had caused, and advised that would hopefully be improved tonight with addition of a summary to each item on the agenda. The summary explained the item sufficiently to understand it, and where there was no summary, whoever presented the item would provide the summary. If a resident had a specific question on an item, Mayor Resnik would recognize the person so that the question could be asked and answered, and if the answer was not readily available, it would be given when available. Mayor Resnik noted this was not to become a long debate, but was presented to help understanding and was not intended to prolong meetings. IV. Presentations and Proclamations Mayor Resnik explained that the Village received requests from worthy community and state and other various organizations to publish a proclamation for their • particular undertaking. These were sent out to other communities as well. The Village looked at those as things that would benefit the community, and three were on tonight's agenda. A. Proclamation designating October 19 to 24, 2003 as "National Business Women's Week." Summary: This Proclamation received from the Director for the Professional Women of Palm Beach County is intended to recognize the contribution of women entrepreneurs and the professional women of our community. Village Clerk Miles read the proclamation. B. Proclamation designating September 17 to 23, 2003 as "Constitution Week." Summary: This Proclamation was received from the Jupiter Lighthouse Cha~ter of the Daughters of the American Revolution. It commemorates the 213` anniversary of the drafting of the Constitution of the U.S. and urges all Americans to reflect on the privilege of being an American. Mayor Edward D. Resnik read the proclamation. C. Proclamation designating September 2003 as "Sickle Cell Awareness Month." Summary: This Proclamation was received from the Sickle Cell Foundation of • Palm Beach County. It is designed to increase the awareness of the seriousness of this disease throughout Palm Beach County. • REGULAR VILLAGE COUNCIL MEETING MINUTES SEPTEMBER 18, 2003 Page 3 Village Clerk Miles read the proclamation. D. Presentation of the Village of Tequesta's PRIDE decal Summary: To be presented by Detective Brian Youngblood. Detective Youngblood commented the definition of pride could vary according to who you asked; it might be defined as an unduly high opinion of oneself or dignity or satisfaction. It could be good or bad. Detective Youngblood commented everyone was proud to live and work in Tequesta and a way to show that pride had been developed in the form of a decal. The goal was to mail two decals to each resident, so that they could have the opportunity to use them to show their pride in the Village. Detective Youngblood presented the first copies of the decal to each member of the Village Council. V. CONSENT AGENDA Mayor Resnik requested that item D which had been pulled from the Consent • Agenda, be discussed. D. Resolution No. 48-02/03-A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING A CONTRACT FOR THE SALE OF THE PARCEL OF LAND LYING IN SECTION 30, TOWNSHIP 40 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA (TEQUESTA VILLAGE CENTER PARCEL), WITH LOUIS FEIBEL, TRUSTEE, HIGH BIDDER, IN THE AMOUNT OF $520,000.00, AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE CONTRACT, PROVIDING AN EFFECTIVE DATE. Summary: The sale of this parcel was previously approved by Council with direction that the contract be negotiated and executed by appropriate Village officials. Village Manager Couzzo has completed negotiating the contract and it has been signed by the purchaser. The contract is being presented to Council for informational review in conjunction with the Resolution authorizing the execution of the contract for the sale of the property. Council Member Genco read Resolution No. 48-02/03 by caption. MOTION: Council Member Watkins made a motion to approve Resolution No. 48-02/03. Vice Mayor von Frank seconded the motion. During discussion of the motion, • Council Member Genco commented the Council had approved selling the parcel of land which the Village owned, and at that time her concern had been • REGULAR VILLAGE COUNCIL MEETING MINUTES SEPTEMBER 18, 2003 Page 4 that the purchaser, Mr. Feibel as trustee, might be under a misconception as to what could or could not be done with this property. Council Member Genco reported she had spoken with Director of Community Development Jeff Newell and Village Manager Couzzo about a former resolution that went along with this property that the Village had executed with JMZ Properties; that the developers agreement on those four parcels of land, including the one currently being sold, said that there were permitted uses, and special exception uses which required approval by the Village Council prior to their implementation. Covenants that went with this property stated that this developer's agreement would be binding upon the successors to JMZ Properties and the Village, which meant the new owner of this property would have to follow the requirements in that ordinance, and she wanted to have it as a matter of record in the bill of sale or any document that the Village signed that the purchaser of this property from the Village was aware of these covenants and acknowledged their agreement to be bound by them. Council Member Genco stated she considered this very important in keeping consistency in development of this parcel of land. Council Member Genco also noted that currently the JMZ property owner, John Zuccarelli, who had building one already constructed, needed to have a • special exception for the emergency medical center which was being constructed because it was over 3,500 square feet and in the developer's agreement was required to obtain Village Council approval. Council Member Genco stated that after this item had been concluded, she would like to make a motion to allow John Zuccarelli a special exception for this parcel of land for the emergency clinic facility of more than 3,500 square feet, consistent with the original developer's agreement. Council Member Capretta expressed concern regarding the process since he believed Mr. Zuccarelli was required to come to the Council to request a special exception and had not done so, and Council Member Genco was asking for the special exception as if she were representing Mr. Zuccarelli. Council Member Capretta recommended the Village Manager write a letter to Mr. Zuccarelli reminding him of the covenant and if he intended to open the facility he must apply for an exception and follow the process. Council Member Genco commented that could be handled as a separate item if that was what the Council wanted, and the first thing needed was a vote on the motion on the floor. Council Member Capretta indicated he did not want a precedent of not following the proper process, and felt the right thing to do would be to remind Mr. Zuccarelli of that process. The Village Manager indicated that it seemed like a housekeeping matter that could be resolved. The Village Attorney clarified that the contract did not expressly refer to the developers' agreement, but Council Member Genco was correct in that the contract was by law subordinate to covenants that ran with the land. The developer's agreement was a covenant that ran with the land, which meant it binds owners who take title to the land. The contract expressly provided that • REGULAR VILLAGE COUNCIL MEETING MINUTES SEPTEMBER 18, 2003 Page 5 a successor in interest must abide by the terms and conditions of this contract, this developer's agreement; therefore, if Louis Feibel as trustee took the land be took it subordinate to those covenants that ran with the land. That was not expressly referred to in the contract but if it was the wish of the Council that the contract be modified to show an acknowledgement that could easily be done. Council Member Genco stated she would like to see that and would like it to refer to the specific record book and page, because she believed in full disclosure, and would hate for someone to say two years from now they did not know anything about this. Attorney Hawkins advised they were deemed to be on notice as a matter of law. Anyone who took title to property in the State of Florida was deemed to be on notice of what was recorded, and that was the law, but if the Council wished, he could insert that language. Council Member Genco stated she would like to see the language. Discussion ensued. Council Member Watkins asked if there were any disclosure issues. Attorney Hawkins explained there were none, but it was easy to insert the language. Council Member Capretta commented regarding the current problem with building one it was that he did not know if Mr. Zuccarelli was aware of the 3500 rule. Village Manager Couzzo commented that could be handled as a separate issue, • doing the housekeeping internally and bringing it back to the Council. Attorney Hawkins advised that it would help the situation if the Council authorized the Village Manager to enter into a contract subject to insertion of the language requested by Council Member Genco, which could be done, and there was a time constraint that he wanted to make sure the Council was aware off--that the buyer requested a 30-day due diligence period, which meant they wanted the contract to become effective tomorrow, but that could not happen with the new language. They wanted a 30-day period to run from the time the contract was formed, meaning when the two parties signed the same piece of paper. 30 days to inspect title, to inspect zoning and use restrictions, etc., and they would want the right to get out of the contract if they found a problem. This was a fairly customary procedure in a commercial transaction of this magnitude. If the Council did not agree with 30 days they needed to advise Attorney Hawkins right away; if they agreed with 30 days they needed to express that and authorize the manager to move forthwith. Council Member Genco commented that would have happened without her request, which Attorney Hawkins verified, but he advised that the request for the 30-day period had just recently been made, within the past ten days. Council Member Genco asked why this request was made, to which Attorney Hawkins responded it was his and his partner's impression they wanted to study what they were getting into. Attorney Hawkins advised this was a standard procedure and the Council's acceptance depended on whether they wanted the contract to go • forward. Attorney Hawkins stated a due diligence period in this area was very, very common. Mayor Resnik commented as he understood it, Mr. Feibel had • REGULAR VILLAGE COUNCIL MEETING MINUTES SEPTEMBER 18, 2003 Page 6 already signed a draft of the contract, and if authorized by the Council tonight, the Village Manager would also sign. Attorney Hawkins verified that was correct. Then there would be 30 days in which the buyer would research every restriction, every covenant, and everything that could possibly impact his development of that property, and when he completed that he would say yes or no. Attorney Hawkins advised that the only change to what the Mayor had just outlined was if the Council wanted language inserted. Mayor Resnik stated he did not think that needed to be done under the 30-day concept, provided that the buyer got the agreement as part of the documentation attached to the purchase of the property. Council Member Capretta asked if the Village had any obligation during negotiation of the price to show him the covenants. Attorney Hawkins responded, no, that it was an "as is, where is" contract. Attorney Hawkins stated Ms. Genco wanted language inserted and he could not tell if the other members of the Council also wanted that. Mayor Resnik commented the contract was due by tomorrow; otherwise, it would have to be extended again for the attorney to add an explanation of the restrictions. Attorney Hawkins stated that was correct but as the seller the Village could choose to not make it due tomorrow. Council Member Genco stated the • Council could authorize the Village Manager to sign the contract tomorrow with that one sentence. Attorney Hawkins advised then it would have to go back to the seller to agree or not agree, and right now the Village Manager could sign it in the morning and there would be a contract formed. Vice Mayor von Frank stated he was making a motion to accept Resolution 48-02/03. Attorney Hawkins stated there were now conflicting motions. Council Member Genco commented there was already a motion to approve the resolution exactly as it was and without any addendum, and this was discussion whether or not to amend it, and the issue was how the Council wanted to handle it-by an addendum to the contract or an attachment. Council Member Watkins stated she understood from the attorney that it was up to the buyer or his agent to research this and she did not think any additional language was necessary. Council Member Capretta commented he saw no reason to delay. Council Member Genco commented it had been laid out on the table in a public hearing. Attorney Hawkins advised when the contract was transmitted tomorrow after being signed by Mr. Couzzo, assuming that was how the vote went, he would send a copy of the document and say please take note this is on the record. Council Member Genco commented a separate cover letter could be sent stating for your information, and that would cover it, and she would feel so much better. Mayor Resnik stated that was fine to send a letter under separate cover and the contract. There was no further discussion. The vote on approval of Resolution 48-02/03 carried by unanimous 5-0 vote. r1 U • REGULAR VILLAGE COUNCIL MEETING MINUTES SEPTEMBER 18, 2003 Page 7 Council Member Capretta asked if the 3,500 square foot issue was going to be taken care of, to which the Village Manager responded he would see that was done. Dr. Taimor Carey, a resident, advised that medical facilities must meet certain standards and something with which everyone was familiar was x-rays. For an x-ray machine, walls had to be protected with lead, and if the Department of Health came and that had not been done Mr. Zuccarelli could sue if he had not been advised of this. Village Manager Couzzo stated that was Mr. Newell's job. Dr. Carey commented he was just bringing it up because as far as he knew this was the first medical facility in the Village. MOTION: Council Member Capretta made a motion to approve the rest of the items on the Consent Agenda. Vice Mayor von Frank seconded the motion, which carried by unanimous 5-0 vote. The items approved on the Consent Agenda were as follows: A. Regular Village Council Meeting Minutes of August 12, 2003. Summary: Not • adaptable to a summary. Copy of minutes available from the Village Clerk. B. Village Council Workshop Meeting Minutes of August 19, 2003. Summary: This was a workshop to receive a presentation on and discuss the 2003/2004 Budget. Copy available from the Village Clerk. C. Designate certain vehicles (1992 Chevy Cheyenne, 1993 Ford Ranger and 1990 Ford F250) from Public Works and Utilities as surplus. Summary: These vehicles are no longer needed for Village business and are to be auctioned off at the North County Municipal Surplus Sale on September 20, 2003 at the Palm Beach Gardens Public Works Facility if declared surplus by Council. VI. Development Matters Mayor Resnik announced there were no development matters. VII. Communications from Citizens Wade Griest, 494 Dover Road, commented that on the agenda under Communications from Citizens, it stated very clearly to state name and address. Mr. Griest expressed his opinion that this was very important because it did three things-it helped the clerk when typing notes, it helped hard-of-hearing people, and it kept people from talking too much. • It would also be a way to get to know who people were, since there was a couple present • REGULAR VILLAGE COUNCIL MEETING MINUTES SEPTEMBER 18, 2003 Page 8 who had been attending Council meetings and had brought up some good ideas, but he had no idea who they were. VIII. Communications from Council Mayor Resnik read a memo provided by the Village Manager from Jack Horniman, Planning Consultant, regarding the Village code update, to impress upon the Council and residents present the scope and magnitude of this effort which was underway under the guidance of the Village Manager, and the sequence in which this process would be conducted to assure extensive public review and participation during this lengthy update. The memo stressed the scope of the project and noted that once the in-house reviews and draft documents were completed, that there would be an extensive public participation process and proposed updates would be presented to the general public for their comment and input. The memo advised that the Village was considering establishing a Planning and Zoning Board, which would be an advisory board to the Village Council. One of their charges would be to review all proposed revisions and updates to the comprehensive zoning ordinance and subdivision regulations, and make recommendations to the Village Council. It was anticipated that a number of public workshops and meetings would have to be held by the Planning and Zoning Board because of the extensiveness of this work effort, and to give the public ample opportunity to make comment and input to the process. The Village Council, once they had received the recommendations from the Planning and Zoning Board, would also be required to hold public hearings for the purpose of receiving public comment before any official action. The time required to complete the entire process was anticipated to take a large portion of the coming fiscal year. Council Member Genco asked if this was in response to all the questions the Council had been getting on zoning changes in Tequesta Country Club. Mayor Resnik responded there had been an undercurrent of questions about who was doing the changes, when the changes would be done, and who was participating, and he had felt this memo from Jack Horniman was very well put together and he had read it to explain the process. Mayor Resnik commented he hoped a Planning and Zoning Board was eventually approved by the Council and manned by citizens from the community. Council Member Genco clarified with the Mayor that at this point in time no zoning changes were being proposed, and expressed her hope that the Council would look at setting THE planning and Zoning Board up in districts so there would be members from different areas of the community and possibly one member at large so that no one community could have control over the decisions made. Discussion ensued. Mayor Resnik advised that although the Village could require members be from different districts, they could not make people volunteer, and in the past there had been more volunteers from one area than from others. Council Member Capretta commented it was a surprise to him to hear there were no zoning ordinances being considered since Village Manager Couzzo had told • many residents in the Country Club that the Village was considering making changes on boats, trailers, all kinds of things around town, and was going to change the ordinance; • REGULAR VILLAGE COUNCIL MEETING MINUTES SEPTEMBER 18, 2003 Page 9 and it became so knowledgeable that he had received six calls from North Carolina from snow birds who heard the meetings were going to be held during the month of August and wanted to know why it was being done while they were away. Council Member Capretta had assured them it would not be done while they were away, that it would be done later in the year. Mayor Resnik stated there were no proposed ordinances for that. Council Member Capretta asked the Village Manager if he had any information on that. Village Manager Couzzo reported staff had been working on the code changes for about 16 months looking at bringing it all together; there were other issues coming up, code enforcement matters, and his estimate was it would take the better part of a year before it finally came to the Council. Council Member Capretta commented then he thought the people in North Carolina had been given a pretty lousy answer, since the information the Village Manager gave him was that it would not be in August, it would be in November, so they thought it was 2003, and now Mr. Couzzo was saying November 2004. Mr. Couzzo stated it was reasonable to estimate the discussions would take place during the snow bird season, and it was not up to him how long the process took. Council Member Capretta commented while they were on the subject of miscommunications, he had asked probably 12 times in these meetings when there would be hearings about some other subjects, like the water strategy, and the Village Manager kept saying tomorrow, • tomorrow, it was going to come up, and there were several other items like that. Mayor Resnik stated any changes to the code had to come before the Council, had to be heard twice, and this was the end of this discussion. Village Manager Couzzo stated the next item Council Member Capretta was interested in was the next item on the agenda. Mayor Resnik advised that on behalf of Village Manager Couzzo he would like to personally thank Finance Director Jody Forsythe of the Village staff for the really fine job she did on the budget summary. At the last meeting Peggy Verhoeven had expressed extreme pleasure at being able to read the document, and it was an excellent document which made reading and understanding the budget a lot easier. Mayor Resnik also acknowledged Rev. Paul Beresford, Chaplain of the Police and Fire Departments, for the superb 9-11 remembrance and recognition event. Council Member Genco advised she was donating up to $1,000 from her budget to Jupiter Science Academy, which was doing environmental work along with the Loxahatchee Historical Society, Village of Tequesta, and Town of Jupiter. Council Member Genco expressed hope that some of the other members of the Council would do the same. Council Member Watkins thanked her and stated Vice Mayor von Frank had also done so and expressed her appreciation, and commented that the Science Academy also appreciated it. Village Manager Couzzo advised that Council Member Genco had $875 in her account; Council Member Genco stated whatever was in it, they could have. • IX. New Business • REGULAR VILLAGE COUNCIL MEETING MINUTES SEPTEMBER ] 8, 2003 Page 10 A. Discussion and formal approval establishing designations for the various Village Funds. Summary: Village Manager presents specific designations to restrict Village reserve funds for specific project(s) to assure money will be available to pay for the designated project(s), i. e. ,Village Hall. The designations reflect the Council's intended use of the restricted funds. Village Manager Couzzo commented this was one of the items Council Member Capretta had referred to and the Council and Administration had discussed this matter for over a year, to designate reserves from various fund balances out of the general fund for the construction of the Village Hall and for the development and construction of the reverse osmosis facility, and the piping and well to be constructed on the Village Hall site, keeping a minimum of $1 million for emergencies. This would be a formal declaration by the Council to set aside those funds so those projects could be done through those reserves without incurring any debt, because those funds would be there. Mr. Couzzo reported that Finance Director Forsythe had written a memo, which had been distributed to the Council, showing the fund balances and the designation of those funds. Council Member Capretta commented the Village just received approximately $700,000 from Jupiter for those customers on Riverside Drive and $520,000 had been discussed earlier, and those totaled $1.2 million, and asked where that money from Jupiter had been placed. Discussion ensued. Mr. Couzzo explained it was added to the fund balance which was a savings account, invested by the Finance Department under strict guidelines, and at budget times or at times like this the Council told the Village Manager where to place it. Mr. Couzzo explained that the Jupiter water money was in the budget; and it was a part of the overall fund balance, and once designated for specific projects those reserves would be locked. Council Member Capretta commented there were three concepts-one was to designate where these funds went by restricting their use to where they were wanted to be used such as for the Village Hall, the new water plant; another was when there was a windfall of money he wanted the Council to decide where to put it; another concept was that the water company had always made enough money to be self sufficient, ever since he had been on the Council. For the first time in the history of the Village half a million in funds had been taken from Community Development and placed in the water company. Council Member Capretta commented he did not see that there was a process for asking the Council where they wanted to put windfall money. Village Manager Couzzo advised that the half million from Community Development had been designated to the water company in the budget and that was the process; and the $700,000 was in the savings account and the Council was now going to designate where those funds would go. Village Manager Couzzo explained that the real mechanism was when • the money came in it went into savings until the Council determined where it would go. Council Member Capretta asked if the $520,000 would go into next • REGULAR VILLAGE COUNCIL MEETING MINUTES SEPTEMBER 18, 2003 Page 11 year's budget cycle. Mr. Couzzo responded that the $520,000 would go into the general fund balance, and would just add to the reserves. Council Member Genco stated if there were no unusual expenses this year that exceeded the current budget it would be there next year. Mr. Couzzo explained that the only way the budget could be amended was for staff to come to Council and ask for money, which they would do for example if the hurricane hit here instead of North Carolina. Tonight's request included designation of a minimum of $1,000,000 for unforeseen emergencies, which had never been done before. Mr. Couzzo explained that a million dollaxs represented 16% to 17% of the overall funds, and good accounting principles said there should be a minimum of 5% or for very affluent communities 15%. This would make a statement to future councils they wanted a minimum of one million. In five years the Council might see that they could make the minimum 1-1/2 million, and if there was a half million dollar windfall the Council could direct the Village Manager to add it to the minimum for emergencies. Council Member Capretta commented that the amount required to construct Village Hall, $1.8 million, would normally be taken from specific departments; for instance, it would be determined what percentage the water . department should pay for since they would be preparing water bills, etc., and their share would have been taken from reserves. In past projects, the water company had always been the richest, and now their reserves were so low they could not afford their share of the Village Hall. Council Member Capretta stated major decisions were being made and he did not recall any of this being discussed by the Council. Mayor Resnik responded that the decision was going to be made right now. Mayor Resnik commented the Council and Council Member Capretta had talked about building without incurring additional debt, and this was just putting it in writing, giving some documentation to allow the Village Manager to show that in line and the Council could change it at a later time, but right now it was restricting those funds to do those projects. Mayor Resnik commented that at Council meetings Council Member Capretta had told him the water system must be expanded, and this provided for that. Council Member Genco noted it would be easy for future councils and citizens to see this since it was all spelled out in the budget, and the Council was providing a road map. Mr. Couzzo commented that next year when Community Development was merged into the general fund, the general fund reserves would go up another million. Council Member Capretta commented the only reason he had brought this all up was because the Mayor had said the residents did not hear discussion of issues any more so he thought he would give them some, and the residents now probably had a better understanding of this issue. Village Manager Couzzo commented this was a commitment to the residents not to go into any additional debt to do these major construction projects. Mayor Resnik commented this was a goal that was established, and Mr. • Couzzo had been a major proponent. A resident asked why community development was going to the general fund next year. Mr. Couzzo responded that REGULAR VILLAGE COUNCIL MEETING MINUTES SEPTEMBER 18, 2003 Page 12 normally that was the way it worked but years ago it had been separated out in this Village as an enterprise fund, which was a little more costly and there was really no need to do it. Accounting would still be just as strong, but it would be handled like another department, like Police or Fire. Village Manager Couzzo explained it was a little like the resident and her husband having separate checking accounts, or just one. MOTION: Vice Mayor von Frank made a motion to approve establishing designations for the various Village Funds as submitted. Council Member Watkins seconded the motion, which carried by unanimous 5-0 vote. B. Resolution No. 47-02/03-A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING A THREE YEAR COLLECTIVE BARGAINING AGREEMENT BETWEEN THE VILLAGE OF TEQUESTA AND THE COMMUNICATION WORKERS OF AMERICA, EFFECTIVE OCTOBER 1, 2003, AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE • CONTRACT ON BEHALF OF THE VILLAGE. Summary: Village Manager has concluded negotiations with the Communications Workers of America (CWA) for a contract that provides for effective recognition of employees and reinforces Village commitment to provide a positive, constructive and rewarding relationship with its employees. The Village of Tequesta CWA Union members voted to approve the contract on 15 September. Village Attorney Hawkins read Resolution No. 47-02/03 by caption only. MOTION: Council Member Genco made a motion to approve Resolution No 47-02/03. Motion was seconded by Council Member Watkins. During discussion of the motion, Mr. Couzzo noted that this year Martin Luther King Day would be a recognized holiday in the Village of Tequesta, and explained that this was athree-year agreement with the union that represents dispatchers, public works and utility employees for the Village. Communication Workers of American was a large, recognized collective bargaining union, which had been in the Village about nine years. Administration and the union had been working to bring this agreement to Council and during bargaining the Council had been briefed during closed door sessions. Mr. Couzzo commented that the agreement represented the language and terms that the Village agreed with the union to provide services and compensation and benefits for the next three years, and 20 employees were represented by this • REGULAR VILLAGE COUNCIL MEETING MINUTES SEPTEMBER 18, 2003 Page 13 union. The only other union in the Village was Fraternal Order of Police which represented about 12 employees. Mr. Couzzo reported he had been told that there was tentative approval of the agreement with the FOP. Rick Paulette, President of the CWA, commented that overall they represented 750,000 members and this was an international union. Mr. Paulette thanked Mr. Couzzo and Mr. Gallagher for their participation and commented they had never agreed after only two sessions anywhere else in the world, and certainly would rather see a contract go quickly, and thanked Mr. Couzzo for his help on that. Mayor Resnik thanked Mr. Paulette for his participation. The vote on the motion carried by unanimous 5-0 vote. Council Member Genco left the meeting at this point at 8:55 p.m. C. Contract renewal with CIGNA POS Insurance for employee healthcare (CIGNA PPO for retirees). Summary: Renewal of Cigna Healthcare for Village Employees, total cost of $616,093.08, up 14.49% over last year's total, covered in the Fiscal Year 2003/2004 Budget. • Village Manager Couzzo explained that this was a renewal of health insurance with CIGNA POS, which was the previous year's provider. Mr. Couzzo noted that no one could control health care increases and the Village was probably fortunate to only have a 14.49% increase. The Village Manager commented that Florida League of Cities was experiencing a 17% increase, and nationally the statistic was around 14%-15% increases. MOTION: Vice Mayor von Frank made a motion to approve the contract renewal with CIGNA POS Insurance for employee healthcare (CIGNA PPO for retirees). Council Member Watkins seconded the motion, which carried by unanimous 4-0 vote. X. Any Other Matters There were no other matters to come before the Village Council. XI. Adjournment MOTION: Council Member Watkins made a motion to adjourn the meeting at 9:00 p.m. Vice Mayor von Frank seconded the motion, which carried by unanimous 4-0 vote. • Respectfully submitted, • REGULAR VILLAGE COUNCIL MEETING MINUTES SEPTEMBER 18, 2003 Page 14 Mary Miles Village Clerk •